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Chapter 2. Definitions of California Health And Safety Code >> Division 26. >> Part 1. >> Chapter 2.
Unless the context requires otherwise, a definition set
forth in this chapter shall govern the construction of this division,
unless and until rules and regulations are adopted by the state
board pursuant to Section 39601 which revise such definition.
"Acid deposition" means the wet or dry deposition of acid
chemical compounds from the atmosphere.
"Acid deposition precursor" means an air contaminant which
may be transformed to an acid gas or particle in the atmosphere.
"Agricultural burning" means open outdoor fires used in any
of the following:
(a) Agricultural operations in the growing of crops or raising of fowl or animals, or open outdoor fires used in forest management, range improvement, or the improvement of land for wildlife and game habitat, or disease or pest prevention.
(b) The operation or maintenance of a system for the delivery of water for the purposes specified in subdivision (a).
(c) Wildland vegetation management burning.
(1) For purposes of this subdivision, wildland vegetation management burning is the use of prescribed burning conducted by a public agency, or through a cooperative agreement or contract involving a public agency, to burn land predominantly covered with chaparral, trees, grass, or standing brush.
(2) For purposes of this subdivision, prescribed burning is the planned application and confinement of fire to wildland fuels on lands selected in advance of that application to achieve any of the following objectives:
(A) Prevention of high-intensity wildland fires through reduction of the volume and continuity of wildland fuels.
(B) Watershed management.
(C) Range improvement.
(D) Vegetation management.
(E) Forest improvement.
(F) Wildlife habitat improvement.
(G) Air quality maintenance.
(3) The planned application of fire may include natural or accidental ignition.
(a) Agricultural operations in the growing of crops or raising of fowl or animals, or open outdoor fires used in forest management, range improvement, or the improvement of land for wildlife and game habitat, or disease or pest prevention.
(b) The operation or maintenance of a system for the delivery of water for the purposes specified in subdivision (a).
(c) Wildland vegetation management burning.
(1) For purposes of this subdivision, wildland vegetation management burning is the use of prescribed burning conducted by a public agency, or through a cooperative agreement or contract involving a public agency, to burn land predominantly covered with chaparral, trees, grass, or standing brush.
(2) For purposes of this subdivision, prescribed burning is the planned application and confinement of fire to wildland fuels on lands selected in advance of that application to achieve any of the following objectives:
(A) Prevention of high-intensity wildland fires through reduction of the volume and continuity of wildland fuels.
(B) Watershed management.
(C) Range improvement.
(D) Vegetation management.
(E) Forest improvement.
(F) Wildlife habitat improvement.
(G) Air quality maintenance.
(3) The planned application of fire may include natural or accidental ignition.
(a) "Agricultural source of air pollution" or
"agricultural source" means a source of air pollution or a group of
sources used in the production of crops, or the raising of fowl or
animals located on contiguous property under common ownership or
control that meets any of the following criteria:
(1) Is a confined animal facility, including, but not limited to, any structure, building, installation, barn, corral, coop, feed storage area, milking parlor, or system for the collection, storage, treatment, and distribution of liquid and solid manure, if domesticated animals, including, but not limited to, cattle, calves, horses, sheep, goats, swine, rabbits, chickens, turkeys, or ducks are corralled, penned, or otherwise caused to remain in restricted areas for commercial agricultural purposes and feeding is by means other than grazing.
(2) Is an internal combustion engine used in the production of crops or the raising of fowl or animals, including, but not limited to, an engine subject to Article 1.5 (commencing with Section 41750) of Chapter 3 of Part 4 except an engine that is used to propel implements of husbandry, as that term is defined in Section 36000 of the Vehicle Code, as that section existed on January 1, 2003. Notwithstanding subdivision (b) of Section 39601, the state board may not revise this definition for the purposes of this section.
(3) Is a Title V source, as that term is defined in Section 39053.5, or is a source that is otherwise subject to regulation by a district pursuant to this division or the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.).
(b) Any district rule or regulation affecting stationary sources on agricultural operations adopted on or before January 1, 2004, is applicable to an agricultural source.
(c) Nothing in this section limits the authority of a district to regulate a source, including, but not limited to, a stationary source that is an agricultural source, over which it otherwise has jurisdiction pursuant to this division, or pursuant to the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) or any rules or regulations adopted pursuant to that act that were in effect on or before January 1, 2003, or to exempt an agricultural source from any requirement otherwise applicable under Section 40724 or 42301.16, based upon a finding by the district in a public hearing that the aggregate emissions from that source do not exceed a de minimis level of more than one ton of particulate matter, nitrogen oxides, or volatile organic compounds per year.
(1) Is a confined animal facility, including, but not limited to, any structure, building, installation, barn, corral, coop, feed storage area, milking parlor, or system for the collection, storage, treatment, and distribution of liquid and solid manure, if domesticated animals, including, but not limited to, cattle, calves, horses, sheep, goats, swine, rabbits, chickens, turkeys, or ducks are corralled, penned, or otherwise caused to remain in restricted areas for commercial agricultural purposes and feeding is by means other than grazing.
(2) Is an internal combustion engine used in the production of crops or the raising of fowl or animals, including, but not limited to, an engine subject to Article 1.5 (commencing with Section 41750) of Chapter 3 of Part 4 except an engine that is used to propel implements of husbandry, as that term is defined in Section 36000 of the Vehicle Code, as that section existed on January 1, 2003. Notwithstanding subdivision (b) of Section 39601, the state board may not revise this definition for the purposes of this section.
(3) Is a Title V source, as that term is defined in Section 39053.5, or is a source that is otherwise subject to regulation by a district pursuant to this division or the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.).
(b) Any district rule or regulation affecting stationary sources on agricultural operations adopted on or before January 1, 2004, is applicable to an agricultural source.
(c) Nothing in this section limits the authority of a district to regulate a source, including, but not limited to, a stationary source that is an agricultural source, over which it otherwise has jurisdiction pursuant to this division, or pursuant to the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) or any rules or regulations adopted pursuant to that act that were in effect on or before January 1, 2003, or to exempt an agricultural source from any requirement otherwise applicable under Section 40724 or 42301.16, based upon a finding by the district in a public hearing that the aggregate emissions from that source do not exceed a de minimis level of more than one ton of particulate matter, nitrogen oxides, or volatile organic compounds per year.
"Air basin" means an area of the state designated by the
state board pursuant to subdivision (a) of Section 39606.
"Air contaminant" or "air pollutant" means any discharge,
release, or other propagation into the atmosphere and includes, but
is not limited to, smoke, charred paper, dust, soot, grime, carbon,
fumes, gases, odors, particulate matter, acids, or any combination
thereof.
"Ambient air quality standards" means specified
concentrations and durations of air pollutants which reflect the
relationship between the intensity and composition of air pollution
to undesirable effects established by the state board or, where
applicable, by the federal government.
"Antelope Valley district" means the Antelope Valley Air
Quality Management District created pursuant to Chapter 14
(commencing with Section 41300) of Part 3.
"Antelope Valley district board" means the governing board
of the Antelope Valley Air Quality Management District.
"Bay district" means the Bay Area Air Quality Management
District continued in existence pursuant to Chapter 4 (commencing
with Section 40200) of Part 3.
"Bay district board" means the governing body of the bay
district.
"Bureau" means the Bureau of Automotive Repair in the
Department of Consumer Affairs.
"Bus" has the same meaning as defined in Section 233 of the
Vehicle Code.
"Certification" means a finding by the state board that a
motor vehicle, motor vehicle engine, or motor vehicle pollution
control device has satisfied the criteria adopted by the state board
for the control of specified air contaminants from vehicular sources.
"Certified device" means a motor vehicle pollution control
device with a certification, and includes a motor vehicle pollution
control device previously accredited or approved by the state board
or by the Motor Vehicle Pollution Control Board.
The term "accredited" or "approved" may continue to be used with
respect to such devices previously accredited or approved.
"Cogeneration technology" has the same meaning as defined
in Section 25134 of the Public Resources Code.
"Cogeneration technology project" shall not include
existing equipment owned or operated by the applicant or host
industry which is not modified as a result of utilizing cogeneration
technology.
"Combustible or flammable solid waste" means any garbage,
rubbish, trash, rags, paper, boxes, crates, excelsior, ashes, offal,
carcass of a dead animal, or any other combustible or flammable
refuse matter which is in a solid form.
"Commercial vehicle" has the same meaning as defined in
Section 260 of the Vehicle Code.
"Components of emissions control systems" are those parts
included in the state board's "Emissions Warranty Parts List," dated
December 14, 1978, referenced in subdivision (c) of Section 2036 of
Title 13 of the California Administrative Code.
"County district" means a district continued in existence
pursuant to Chapter 2 (commencing with Section 40100) of Part 3.
"County district board" means the governing body of a county
district.
"Fugitive emissions" mean those emissions that cannot
reasonably pass through a stack, chimney, vent, or other functionally
equivalent opening. Notwithstanding subdivision (b) of Section
39601, the state board may not revise this definition for the
purposes of this section.
"Crankcase emissions" means substances emitted directly to
the atmosphere from any opening leading to the crankcase of a motor
vehicle engine. Crankcase gases which are conducted to the engine
intake or exhaust systems are not included in the definition of
crankcase emissions, but are defined as exhaust emissions.
"Department" means the Department of Consumer Affairs.
"Direct import vehicle" means any light-duty motor vehicle
manufactured outside of the United States which was not intended by
the manufacturer for sale in the United States and which was not
certified by the state board pursuant to Article 1 (commencing with
Section 43100) of Chapter 2 of Part 5.
"District" means an air pollution control district or an air
quality management district created or continued in existence
pursuant to provisions of Part 3 (commencing with Section 40000).
"District board" means the governing body of a district.
"Elderly low-income person" means an individual over 62
years of age who resides in a household wherein the combined adjusted
gross income, as defined in Section 17072 of the Revenue and
Taxation Code, of all members of the household, including such
individual over 62 years of age, was less than seven thousand five
hundred dollars ($7,500) for the previous calendar year.
"Emission standards" means specified limitations on the
discharge of air contaminants into the atmosphere.
(a) "Bidirectional control" means the capability of a
diagnostic tool to send messages on the data (bus) that temporarily
overrides the module's control over a sensor or actuator and gives
control to the diagnostic tool operator. Bidirectional controls do
not create permanent changes to engine or component calibrations.
(b) "Covered person" means any person engaged in the business of service or repair of motor vehicles who is licensed or registered with the Bureau of Automotive Repair, pursuant to Section 9884.6 of the Business and Professions Code, to conduct that business, or who is engaged in the manufacture or remanufacture of emissions-related motor vehicle parts for those motor vehicles.
(c) "Data stream information" means information that originates within the vehicle by a module or intelligent sensors including, but not limited to, a sensor that contains and is controlled by its own module and transmitted between a network of modules and intelligent sensors connected in parallel with either one or two communication wires. The information is broadcast over communication wires for use by other modules such as chassis or transmissions to conduct normal vehicle operation or for use by diagnostic tools. Data stream information does not include engine calibration-related information.
(d) "Emissions-related motor vehicle information" means information regarding any of the following:
(1) Any original equipment system, component, or part that controls emissions.
(2) Any original equipment system, component, or part associated with the powertrain system including, but not limited to, the fuel system and ignition system.
(3) Any original equipment system or component that is likely to impact emissions, including, but not limited to, the transmission system.
(e) "Emissions-related motor vehicle part" means any direct replacement automotive part or any automotive part certified by executive order of the state board that may affect emissions from a motor vehicle, including replacement parts, consolidated parts, rebuilt parts, remanufactured parts, add-on parts, modified parts, and specialty parts.
(f) "Enhanced data stream information" means data stream information that is specific for an original equipment manufacturer's brand of tools and equipment.
(g) "Enhanced diagnostic tool" means a diagnostic tool that is specific to the original equipment manufacturer's vehicles.
(b) "Covered person" means any person engaged in the business of service or repair of motor vehicles who is licensed or registered with the Bureau of Automotive Repair, pursuant to Section 9884.6 of the Business and Professions Code, to conduct that business, or who is engaged in the manufacture or remanufacture of emissions-related motor vehicle parts for those motor vehicles.
(c) "Data stream information" means information that originates within the vehicle by a module or intelligent sensors including, but not limited to, a sensor that contains and is controlled by its own module and transmitted between a network of modules and intelligent sensors connected in parallel with either one or two communication wires. The information is broadcast over communication wires for use by other modules such as chassis or transmissions to conduct normal vehicle operation or for use by diagnostic tools. Data stream information does not include engine calibration-related information.
(d) "Emissions-related motor vehicle information" means information regarding any of the following:
(1) Any original equipment system, component, or part that controls emissions.
(2) Any original equipment system, component, or part associated with the powertrain system including, but not limited to, the fuel system and ignition system.
(3) Any original equipment system or component that is likely to impact emissions, including, but not limited to, the transmission system.
(e) "Emissions-related motor vehicle part" means any direct replacement automotive part or any automotive part certified by executive order of the state board that may affect emissions from a motor vehicle, including replacement parts, consolidated parts, rebuilt parts, remanufactured parts, add-on parts, modified parts, and specialty parts.
(f) "Enhanced data stream information" means data stream information that is specific for an original equipment manufacturer's brand of tools and equipment.
(g) "Enhanced diagnostic tool" means a diagnostic tool that is specific to the original equipment manufacturer's vehicles.
(a) "Emissions retrofit device" means an exhaust device
certified pursuant to Section 43630 or approved for use pursuant to
Section 27156 of the Vehicle Code which renders a modified vehicle a
low-emission motor vehicle, as defined by Section 43800.
(b) This section shall become inoperative five years from the date determined pursuant to Section 32 of the act adding this section, and on the January 1 following that date is repealed.
(b) This section shall become inoperative five years from the date determined pursuant to Section 32 of the act adding this section, and on the January 1 following that date is repealed.
"Exhaust device" means a motor vehicle pollution control
device to reduce exhaust emissions.
"Exhaust emissions" means substances emitted to the
atmosphere from any opening downstream from the exhaust port of a
motor vehicle engine.
"Flue" means any duct or passage for air, gases, or the
like, such as a stack or chimney.
"Fuel evaporative loss emissions" means vaporized fuel
emitted into the atmosphere from the fuel system of a motor vehicle.
"Fuel system" means the combination of fuel tank, fuel lines
and carburetor, or fuel injector, and includes all vents and fuel
evaporative emission control systems or devices.
"Gross polluter" means a vehicle with excess hydrocarbon,
carbon monoxide, or oxides of nitrogen emissions as established by
the department in consultation with the state board.
"Heavy-duty" means having a manufacturer's maximum gross
vehicle weight rating of 6,001 or more pounds.
"Implement of husbandry" has the same meaning as defined in
Chapter 1 (commencing with Section 36000), Division 16 of the Vehicle
Code.
"Light-duty" means having a manufacturer's maximum gross
vehicle weight rating of under 6,001 pounds.
"Local or regional authority" means the governing body of
any city, county, or district.
"Low-emission motor vehicle" means a motor vehicle which
has been certified by the state board to meet all applicable emission
standards and which meets at least one of the following additional
requirements:
(a) Is capable of operating on methanol, as determined by the state board, and will have an adverse impact on ambient ozone air quality not greater than a vehicle which meets the requirements of subdivision (c).
(b) Is capable of operating on any available fuel other than gasoline or diesel and, in the determination of the state board, will have an adverse impact on ambient ozone air quality not greater than a vehicle operating on methanol.
(c) Operates exclusively on gasoline and is certified to meet a hydrocarbon exhaust emission standard which is at least twice as stringent as otherwise applicable to gasoline vehicles of the same year and class.
(a) Is capable of operating on methanol, as determined by the state board, and will have an adverse impact on ambient ozone air quality not greater than a vehicle which meets the requirements of subdivision (c).
(b) Is capable of operating on any available fuel other than gasoline or diesel and, in the determination of the state board, will have an adverse impact on ambient ozone air quality not greater than a vehicle operating on methanol.
(c) Operates exclusively on gasoline and is certified to meet a hydrocarbon exhaust emission standard which is at least twice as stringent as otherwise applicable to gasoline vehicles of the same year and class.
"Marine vessel" means any tugboat, tanker, freighter,
passenger ship, barge, or other boat, ship, or watercraft, except
those used primarily for recreation.
"Medium duty" means a heavy-duty vehicle having a
manufacturer's gross vehicle weight rating under a limit established
by the state board.
"Model year" means the manufacturer's annual production
period which includes January 1 of a calendar year or, if the
manufacturer has no annual production period, the calendar year.
In the case of any vehicle manufactured in two or more stages, the
time of manufacture shall be the date of completion of the chassis.
"Mojave Desert district" means the Mojave Desert Air
Quality Management District created pursuant to Chapter 13
(commencing with Section 41200) of Part 3.
"Mojave Desert district board" means the governing board
of the Mojave Desert district.
"Motor vehicle" has the same meaning as defined in Section
415 of the Vehicle Code.
"Motor vehicle pollution control device" means equipment
designed for installation on a motor vehicle for the purpose of
reducing the air contaminants emitted from the vehicle, or a system
or engine modification on a motor vehicle which causes a reduction of
air contaminants emitted from the vehicle.
"Motorcycle" has the same meaning as defined in Section 400
of the Vehicle Code.
"New motor vehicle" means a motor vehicle, the equitable or
legal title to which has never been transferred to an ultimate
purchaser.
"New motor vehicle engine" means a new engine in a motor
vehicle.
"Nonvehicular sources" means all sources of air
contaminants, including the loading of fuels into vehicles, except
vehicular sources.
"Obscurant" means fog oil released into the atmosphere
during military exercises which produces a smoke screen designed to
eliminate the detection of persons or objects by visual or electronic
means of observation within a localized area.
"Open outdoor fire" means any combustion of combustible
material of any type outdoors in the open, not in any enclosure,
where the products of combustion are not directed through a flue.
"Orchard or citrus grove heater" means any article, machine,
equipment, or other contrivance, burning any type of fuel or
material capable of emitting air contaminants, used, or capable of
being used, for the purpose of giving protection from frost damage.
"Passenger vehicle" has the same meaning as defined in
Section 465 of the Vehicle Code.
"Person" includes all of the following:
(a) A "person" as defined in Section 19.
(b) Any state or local governmental agency or public district, or any officer or employee thereof. However, no state or local governmental agency or public district, or any officer or employee thereof, shall be criminally liable or responsible under the provisions of Part 4 (commencing with Section 41500) for any acts done by such governmental agency, or public district, in the performance of its functions or by such officers or employees in the performance of their duties.
(c) The United States or its agencies, to the extent authorized by federal law.
(a) A "person" as defined in Section 19.
(b) Any state or local governmental agency or public district, or any officer or employee thereof. However, no state or local governmental agency or public district, or any officer or employee thereof, shall be criminally liable or responsible under the provisions of Part 4 (commencing with Section 41500) for any acts done by such governmental agency, or public district, in the performance of its functions or by such officers or employees in the performance of their duties.
(c) The United States or its agencies, to the extent authorized by federal law.
"PM2.5" means particulate matter 2.5 microns and smaller
in size.
"Qualifying facility" means a qualifying small power
production facility as defined in Section 228.5 of the Public
Utilities Code.
"Racing vehicle" means a competition vehicle not used on
public highways.
"Regional district" means a district created pursuant to
Chapter 5 (commencing with Section 40300) of Part 3.
"Regional district board" means the governing body of a
regional district.
"Resource recovery project" means a project which converts
municipal wastes, agricultural wastes, forest wastes, landfill gas,
or digester gas in a manner so as to produce energy as a byproduct in
the air basin in which they are produced.
"Sacramento district" means the Sacramento Metropolitan
Air Quality Management District created pursuant to Chapter 10
(commencing with Section 40950) of Part 3.
"Sacramento district board" means the governing body of
the Sacramento district.
"Schedule of increments of progress" means a statement of
dates when various steps are to be taken to bring a source of air
contaminants into compliance with emission standards and shall
include, to the extent feasible, the following:
(a) The date of submittal of the final plan for the control of emissions of air contaminants from that source to the appropriate district.
(b) The date by which contracts for emission control systems or process modifications will be awarded, or the date by which orders will be issued for the purchase of component parts to accomplish emission control or process modification.
(c) The date of initiation of onsite construction or installation of emission control equipment or process change.
(d) The date by which onsite construction or installation of emission control equipment or process modification is to be completed.
(e) The date by which final compliance is to be achieved.
(f) Such other dates by which other appropriate and necessary steps shall be taken to permit close and effective supervision of progress toward timely compliance.
(a) The date of submittal of the final plan for the control of emissions of air contaminants from that source to the appropriate district.
(b) The date by which contracts for emission control systems or process modifications will be awarded, or the date by which orders will be issued for the purchase of component parts to accomplish emission control or process modification.
(c) The date of initiation of onsite construction or installation of emission control equipment or process change.
(d) The date by which onsite construction or installation of emission control equipment or process modification is to be completed.
(e) The date by which final compliance is to be achieved.
(f) Such other dates by which other appropriate and necessary steps shall be taken to permit close and effective supervision of progress toward timely compliance.
"Schoolbus" means a heavy-duty motor vehicle exclusively
designed and built for the transportation of any school, college, or
university student to or from educational facilities or activities.
(a) "Smog index" means the index number assigned to a
motor vehicle by the state board pursuant to Section 44251 to
indicate the effect of the use of that vehicle on ozone levels in
ozone nonattainment areas.
(b) This section shall become inoperative five years from the date determined pursuant to Section 32 of the act adding this section, and on the January 1 following that date is repealed.
(b) This section shall become inoperative five years from the date determined pursuant to Section 32 of the act adding this section, and on the January 1 following that date is repealed.
"Solid waste dump" means any accumulation for the purpose of
disposal of any solid waste.
"South coast district" means the South Coast Air Quality
Management District created pursuant to Chapter 5.5 (commencing with
Section 40400) of Part 3.
"South coast district board" means the governing body of
the south coast district.
"State board" means the State Air Resources Board.
"Title V" means Title V of the federal Clean Air Act (42
U.S.C. Sec. 7661 et seq.).
"Title V source" means only a stationary source required
by federal law to be included in an operating permit program
established pursuant to Title V of the federal Clean Air Act (42
U.S.C. Secs. 7661 to 7661f, incl.) and the federal regulations
adopted pursuant to Title V.
"Trading program with capped emissions" or
"emission-capped trading program" means a market-based incentive
trading program adopted pursuant to subdivision (b) of Section 39616
that allows sources to comply with an emission cap or limit by
acquiring marketable emission credits.
"Truck" means a motor truck as defined in Section 410 of the
Vehicle Code.
"Truck tractor" has the same meaning as defined in Section
655 of the Vehicle Code.
"Ultimate purchaser" means, with respect to any new motor
vehicle or new motor vehicle engine, the first person who in good
faith purchases a new motor vehicle or new motor vehicle engine for
purposes other than resale.
"Unified district" means a district created or continued in
existence pursuant to Chapter 3 (commencing with Section 40150) of
Part 3.
"Unified district board" means the governing body of a
unified district.
"Used motor vehicle" means any motor vehicle which is not a
new motor vehicle.
"Vehicle" has the same meaning as defined in Section 670 of
the Vehicle Code.
"Vehicular sources" means those sources of air contaminants
emitted from motor vehicles.
