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(continued) e transaction once inside the gate.

(5) Not turn away or fine a motor carrier if that motor carrier
misses an appointment.


40723. (a) It is the intent of the Legislature that, when an air
district establishes best available control technology or lowest
achievable emission rate requirements based in part on vendor
representations, the requirements be achievable for the applicable
source category.
(b) Upon the request of any owner or operator of equipment that is
subject to best available control technology or lowest achievable
emission rate requirements, the district shall review whether the
applicable requirements have been achieved and whether the
requirements should be required for the source category or source if
the owner or operator demonstrates that all of the following
conditions are true:
(1) The owner or operator purchased equipment that was subject to
or intended by the manufacturer or vendor to satisfy federal, state,
or local air district rules or permitting requirements that impose
best available control technology or lowest achievable emission rate
requirements.
(2) An express warranty was provided to the owner or operator by
the manufacturer or vendor that the equipment would achieve the best
available control technology or lowest achievable emission rate
requirements, or any specified emission rate or standard intended to
satisfy those requirements.
(3) The owner or operator made a reasonable effort, for a
reasonable period of time, to operate the equipment in accordance
with the operating conditions specified by the equipment manufacturer
or vendor.
(4) The equipment failed to meet the best available control
technology or lowest achievable emission rate requirements covered by
the warranty provided by the equipment manufacturer or vendor.
(5) The applicable best available control technology or lowest
achievable emission rate requirements were established primarily on
the basis of the representations and data provided by the equipment
manufacturer or vendor.
(c) (1) If, after conducting a review pursuant to subdivision (b),
the district determines that the applicable best available control
technology or lowest achievable emission rate requirements are not
achievable by a source, the district shall revise those requirements
to a level achievable by that source.
(2) If, after conducting a review pursuant to subdivision (b), the
district determines that the applicable best available control
technology or lowest achievable emission rate requirements are not
achievable by a source category, the district shall revise those
requirements to a level achievable by that source category.
(d) This section shall be implemented in a manner consistent with
applicable federal and state statutes, regulations, and requirements
for the establishment of best available control technology and lowest
achievable emission rate requirements.



40724. (a) Each district that is designated as a serious federal
nonattainment area for an applicable ambient air quality standard for
particulate matter as of January 1, 2004, shall adopt, implement,
and submit for inclusion in the state implementation plan, a rule or
regulation requiring best available control measures (BACM) for
sources for which those measures are applicable and best available
retrofit control technology (BARCT) to reduce air pollutants from
sources for which that technology is applicable for agricultural
practices, including, but not limited to, tilling, discing,
cultivation, and raising of animals, and for fugitive emissions from
those agricultural practices a manner similar to other source
categories by the earliest feasible date, but not later than January
1, 2006. The rule or regulation shall also include BACM and BARCT to
reduce precursor emissions in a manner commensurate to other source
categories that the district show cause or contribute to a violation
of an ambient air quality standard. Each district that is subject to
this subdivision shall comply with the following schedule with
respect to the rule or regulation imposing BACM and BARCT:
(1) On or before September 1, 2004, notice and hold at least one
public workshop for the purpose of accepting public testimony on the
proposed rule or regulation.
(2) On or before July 1, 2005, adopt the final rule or regulation
at a noticed public hearing.
(3) On or before January 1, 2006, commence implementation of the
rule or regulation.
(b) Nothing in this section shall delay or otherwise affect any
action taken by a district to reduce emissions of air contaminants
from agricultural sources, or any other requirements imposed on a
district or a source of air pollution pursuant to the federal Clean
Air Act (42 U.S.C. Sec. 7401 et seq.).
(c) In adopting a rule or regulation pursuant to this section, a
district shall do all of the following:
(1) Ensure the size and duration of use of an internal combustion
engine subject to BARCT pursuant to this section is commensurate to
the size and duration of use of internal combustion engines subject
to regulation by a district or the state board regulated at other
stationary sources.
(2) Ensure that BARCT established pursuant to this section for an
internal combustion engine is similar to BARCT for other stationary
source engines subject to regulation by a district or the state
board.
(3) Ensure that the cost-effectiveness of BARCT for an internal
combustion engine subject to this section is similar to the
cost-effectiveness of BARCT for other internal combustion engines
subject to regulation by a district or the state board.
(4) Compare the cost-effectiveness of BARCT for an internal
combustion engine subject to this section to the list of available
and proposed control measures prepared pursuant to Section 40922.
(5) Adopt control measures pursuant to this section in order of
their cost-effectiveness, unless a district determines that a
different order of adoption is necessary due to the enforceability,
public acceptability, or technological feasibility of a given control
measure, or to expeditiously attain or maintain a national or state
ambient air quality standard.
(6) Except as otherwise provided under this section, ensure that
any rule or regulation adopted pursuant to this section complies with
all applicable requirements of this division, including, but not
limited to, any applicable requirements established pursuant to
Sections 40703, 40727, 40728.5, and 40920.6.
(7) Hold at least one public meeting that is conducted at a time
and location that the district determines is convenient to the public
at which the district reviews the comparison prepared pursuant to
paragraph (4).
(d) 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 the federal Clean Air Act
(42 U.S.C. Sec. 7401 et seq.) or any rules or regulations adopted
pursuant to that act. Nothing in this section shall delay or
otherwise affect any action taken by a district to reduce emissions
of air contaminants from agricultural sources, or any other
requirements imposed upon a district or a source of air pollution
pursuant to the federal Clean Air Act. This section may not be
interpreted to delay or otherwise affect the adoption,
implementation, or enforcement of any measure that was adopted, or
included in a rulemaking calendar or air quality implementation plan
that was adopted, by the district prior to January 1, 2004.




40724.5. (a) By the earliest feasible date, but no later than
January 1, 2007, each district that is designated a moderate federal
nonattainment area for an applicable ambient air quality standard for
particulate matter as of January 1, 2004, and that is not subject to
the requirements of Section 40724, shall adopt and implement control
measures necessary to reduce emissions from agricultural practices,
including, but not limited to, tilling, discing, cultivation, and
raising of animals, and from fugitive emissions in a manner similar
to other source categories from those activities by the earliest
feasible date. Control measures adopted and implemented pursuant to
this section shall also be implemented by the district to reduce
precursor emissions in a manner commensurate to other source
categories that the district show cause or contribute to a violation
of an ambient air quality standard.
(b) A district is not required to adopt and implement control
measures pursuant to this section if it determines in a public
hearing that agricultural practices do not significantly cause or
contribute to a violation of state or federal standards.
(c) In adopting a rule or regulation pursuant to this section, a
district shall do all of the following:
(1) Ensure the size and duration of use of an internal combustion
engine subject to BARCT pursuant to this section is commensurate to
the size and duration of use of internal combustion engines subject
to regulation by a district or the state board regulated at other
stationary sources.
(2) Ensure that BARCT established pursuant to this section for an
internal combustion engine is similar to BARCT for other stationary
source engines subject to regulation by a district or the state
board.
(3) Ensure that the cost-effectiveness of BARCT for an internal
combustion engine subject to this section is similar to the
cost-effectiveness of BARCT for other internal combustion engines
subject to regulation by a district or the state board.
(4) Compare the cost-effectiveness of BARCT for an internal
combustion engine subject to this section to the list of available
and proposed control measures prepared pursuant to Section 40922.
(5) Adopt control measures pursuant to this section in order of
their cost-effectiveness, unless a district determines that a
different order of adoption is necessary due to the enforceability,
public acceptability, or technological feasibility of a given control
measure, or to expeditiously attain or maintain a national or state
ambient air quality standard.
(6) Except as otherwise provided under this section, ensure that
any rule or regulation adopted pursuant to this section complies with
all applicable requirements of this division, including, but not
limited to, any applicable requirements established pursuant to
Sections 40703, 40727, 40728.5, and 40920.6.
(7) Hold at least one public meeting that is conducted at a time
and location that the district determines is convenient to the public
at which the district reviews the comparison prepared pursuant to
paragraph (4).
(d) 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 the federal Clean Air Act
(42 U.S.C. Sec. 7401 et seq.) or any rules or regulations adopted
pursuant to that act. Nothing in this section shall delay or
otherwise affect any action taken by a district to reduce emissions
of air contaminants from agricultural sources, or any other
requirements imposed upon a district or a source of air pollution
pursuant to the federal Clean Air Act. This section may not be
interpreted to delay or otherwise affect the adoption,
implementation, or enforcement of any measure that was adopted, or
included in a rulemaking calendar or air quality implementation plan
that was adopted, by the district prior to January 1, 2004.
(e) Nothing in this section shall delay or otherwise affect any
action taken by a district to reduce emissions of air contaminants
from agricultural sources, or any requirements imposed on a district
or a source of air pollution pursuant to the federal Clean Air Act
(42 U.S.C. Sec. 7401 et seq.).



40724.6. (a) On or before July 1, 2005, the state board shall
review all available scientific information, including, but not
limited to, emissions factors for confined animal facilities, and the
effect of those facilities on air quality in the basin and other
relevant scientific information, and develop a definition for the
source category of a "large confined animal facility" for the
purposes of this section. In developing that definition, the state
board shall consider the emissions of air contaminants from those
sources as they may affect the attainment and maintenance of ambient
air quality standards.
(b) Not later than July 1, 2006, each district that is designated
as a federal nonattainment area for ozone as of January 1, 2004,
shall adopt, implement, and submit for inclusion in the state
implementation plan, a rule or regulation that requires the owner or
operator of a large confined animal facility, as defined by the state
board pursuant to subdivision (a), to obtain a permit from the
district to reduce, to the extent feasible, emissions of air
contaminants from the facility.
(c) A district may require a permit for a large confined animal
facility with actual emissions that are less than one-half of any
applicable emissions threshold for a major source in the district for
any air contaminant, including, but not limited to, fugitive
emissions in a manner similar to other source categories, if prior to
imposing that requirement the district makes both of the following
determinations in a public hearing:
(1) A permit is necessary to impose or enforce reductions in
emissions of air pollutants that the district show cause or
contribute to a violation of a state or federal ambient air quality
standard.
(2) The requirement for a source or category of sources to obtain
a permit would not impose a burden on those sources that is
significantly more burdensome than permits required for other similar
sources of air pollution.
(d) The rule or regulation adopted pursuant to subdivision (b)
shall do all of the following:
(1) Require the owner or operator of each large confined animal
facility to submit an application for a permit within six months from
the date the rule or regulation is adopted by the district that
includes both of the following:
(A) The information that the district determines is necessary to
prepare an emissions inventory of all regulated air pollutants
emitted from the operation, including, but not limited to, precursor
and fugitive emissions, using emission factors approved by the state
board in a public hearing.
(B) An emissions mitigation plan that demonstrates that the
facility will use reasonably available control technology in moderate
and serious nonattainment areas, and best available retrofit control
technology in severe and extreme nonattainment areas, to reduce
emissions of pollutants that contribute to the nonattainment of any
ambient air quality standard, and that are within the district's
regulatory authority.
(2) Require the district to act upon an application for permit
submitted pursuant to paragraph (1) within six months of a completed
application, as determined by the district.
(3) Require the owner or operator to implement the plan contained
in the permit approved by the district, and establish a reasonable
period, of not more than three years, after which each permit shall
be reviewed by the district and updated to reflect changes in the
operation or the feasibility of mitigation measures. The updates
required by this paragraph are not required to be submitted for
inclusion into the state implementation plan.
(4) Establish a reasonable compliance schedule for facilities to
implement control measures within one year of the date on which the
permit is approved by the district, and shall provide for 30 days'
public notice and comment on any draft permit.
(e) Prior to adopting a rule or regulation pursuant to subdivision
(b), a district shall, to the extent data are available, perform an
assessment of the impact of the rule or regulation. The district
shall consider the impacts of the rule or regulation in a public
hearing, and make a good faith effort to minimize any adverse
impacts. The assessment shall include all of the following:
(1) The category of sources affected, including, but not limited
to, the approximate number of affected sources, and the size of those
sources.
(2) The nature and quantity of emissions from the category, and
the significance of those emissions in adversely affecting public
health and the environment and in causing or contributing to the
violation of a state or federal ambient air quality standard.
(3) The emission reduction potential.
(4) The impact on employment in, and the economy of, the region
affected.
(5) The range of probable costs to affected sources and
businesses.
(6) The availability and cost-effectiveness of alternatives.
(7) The technical and practical feasibility.
(8) Any additional information on impacts that is submitted to the
district board for consideration.
(f) Nothing in this section shall delay or otherwise affect any
action taken by a district to reduce emissions of air contaminants
from agricultural sources, or any other requirements imposed on a
district or a source of air pollution pursuant to the federal Clean
Air Act (42 U.S.C. Sec. 7401 et seq.).
(g) In adopting a rule or regulation pursuant to this section, a
district shall comply with all applicable requirements of this
division, including, but not limited to, the requirements established
pursuant to Sections 40703, 40727, and 40728.5.
(h) A permitholder may appeal any district determination or
decision required by this section pursuant to Section 42302.1, in
addition to any other applicable remedy provided by law.
(i) Nothing in this section authorizes a district to adopt a rule
or regulation that is duplicative of a rule or regulation adopted
pursuant to Sections 40724 and 40724.5.
(j) 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 the federal Clean Air Act
(42 U.S.C. Sec. 7401 et seq.) or any rules or regulations adopted
pursuant to that act. Nothing in this section shall delay or
otherwise affect any action taken by a district to reduce emissions
of air contaminants from agricultural sources, or any other
requirements imposed upon a district or a source of air pollution
pursuant to the federal Clean Air Act. This section may not be
interpreted to delay or otherwise affect adoption, implementation, or
enforcement of any measure that was adopted, or included in a
rulemaking calendar or air quality implementation plan that was
adopted, by the district prior to January 1, 2004.




40724.7. (a) A district that is designated as being in attainment
for the federal ambient air standard for ozone shall adopt a rule or
regulation as described in Section 40724.6 shall fulfill both of the
following conditions:
(1) The regulation shall be adopted not later than July 1, 2006,
unless a district board makes a determination in a public hearing,
based on substantial scientific evidence in the record, that large
confined animal facilities will not contribute to a violation of any
state or federal ambient air quality standard.
(2) The regulation may not be submitted for inclusion in the state
implementation plan.
(b) Nothing in this section shall delay or otherwise affect any
action taken by a district to reduce emissions of air contaminants
from agricultural sources, or any other requirements imposed on a
district or a source of air pollution pursuant to the federal Clean
Air Act (42 U.S.C. Sec. 7401 et seq.).
(c) In adopting a rule or regulation pursuant to this section, a
district shall comply with all applicable requirements of this
division, including, but not limited to, the requirements established
pursuant to Section 40703, 40727, and 40728.5.
(d) Nothing in this section authorizes a district to adopt a rule
or regulation that is duplicative of a rule or regulation adopted
pursuant to Section 40724.
(e) The rule or regulation adopted by a district pursuant to this
section is not required to be submitted for inclusion into the state