Section 42502 Of Chapter 4.5. Protect California Air Act Of 2003 From California Health And Safety Code >> Division 26. >> Part 4. >> Chapter 4.5.
42502
. The Legislature further finds and declares all of the
following:
(a) The people of the State of California have a primary interest
in safeguarding the air quality in the state from degradation and in
ensuring the enhancement of the air quality of the state.
(b) Emissions from nonvehicular sources are a significant
contributing factor to unhealthful levels of air pollution in
California. These emissions must be controlled to protect public
health and the environment, and to allow the economic benefits of new
and expanded business in this state without compromising those
important goals.
(c) Under state law, air quality management districts and air
pollution control districts have primary responsibility for
controlling air pollution caused by nonvehicular sources, including
stationary sources. The primary mechanism for controlling pollution
from new and modified stationary sources is the existing new source
review program of the districts. The application of the new source
review programs requires that all new and modified sources, unless
specifically exempted, must apply control technology and offset
emissions increases as a condition of receiving a permit.
(d) The districts generally require the application of the lowest
achievable emission rate, also known as California BACT, to achieve
the necessary level of emission control from new or modified sources.
(e) The requirement for California BACT, offsets, and other
requirements are set out in the rules and regulations adopted by the
districts to establish the new source review program. These rules and
regulations, which typically are more stringent than the minimum
requirements established by federal law, are reviewed and approved by
the state board and transmitted to the U.S. E.P.A. for inclusion in
the SIP.
(f) The districts have one of the most effective new source review
programs in the nation, with requirements for advanced emission
control technology on new and expanding sources as its foundation.
This technology-based program succeeds by requiring application of
emission control technology at the time of construction or when a
source undergoes a significant modification, which maximizes the
emission reduction benefits and reduces costs.
(g) With this and other programs, California has been able to
improve air quality despite increases in population, industrial
output, and motor vehicle use. However, significant areas of the
state still do not meet the federal or state ambient air quality
standards, which are set at levels necessary to protect public health
and welfare. Any rollback of the new source review program, as a
result of the federal "reforms," would exacerbate the continuing air
pollution challenges faced by the state and delay attainment of the
state and federal ambient air quality standards.