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Chapter 2.5. Nonattainment Area Plans of California Health And Safety Code >> Division 26. >> Part 4. >> Chapter 2.5.
(a) The state board shall adopt the nonattainment area plan
approved by a designated air quality planning agency as part of the
state implementation plan, unless the state board finds, after a
public hearing, that the nonattainment area plan will not meet the
requirements of the Clean Air Act (42 U.S.C. Sec. 7401 et seq.).
(b) The primary responsibility for determining whether a control measure is reasonably available shall be vested in the public agency which has the primary responsibility for implementation of that control measure. The determination of reasonably available control measure by the public agency responsible for implementation shall be conclusive, unless the state board finds after public hearing that such determination will not meet the requirements of the Clean Air Act.
(b) The primary responsibility for determining whether a control measure is reasonably available shall be vested in the public agency which has the primary responsibility for implementation of that control measure. The determination of reasonably available control measure by the public agency responsible for implementation shall be conclusive, unless the state board finds after public hearing that such determination will not meet the requirements of the Clean Air Act.
In addition to any other statutory requirements, at the
public hearing held pursuant to Section 41650, the districts
included, in whole or in part, within the nonattainment area, the
designated air quality planning agency, and members of the public
shall have the opportunity to present oral and written evidence.
In addition, the districts and the agency shall have the right to
question and solicit testimony of qualified representatives of the
state board staff on the matter being considered. The state board
may, by an affirmative vote of four members, place reasonable limits
on the right to question and solicit testimony of qualified
representatives of the state board staff.
If, after the public hearing, the state board finds that the
nonattainment area plan approved by the designated air quality
planning agencies does not comply with the requirements of the Clean
Air Act (42 U.S.C. Sec. 7401 et seq.), the state board may adopt such
revisions as necessary to comply with such requirements, except as
otherwise provided in Article 5.5 (commencing with Section 53098) of
Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code.
