Cal. Code Regs. tit. 17 § 70304

Current through Register 2024 Notice Reg. No. 36, September 6, 2024

Section 70304 - Criteria for Designating an Area as Attainment

(a) The Executive Officer or his or her delegate will designate an area as attainment for a pollutant if:

(1) Data for record show that no state standard for that pollutant was violated at any site in the area; and

(2) Data for record meet representativeness and completeness criteria for a location at which the pollutant concentrations are expected to be high based on the spatial distribution of emission sources in the area and the relationship of emissions to air quality. Data representativeness criteria are set forth in "Criteria for Determining Data Representativeness" contained in Appendix 1 to this article. Data completeness criteria are set forth in "Criteria for Determining Data Completeness" contained in Appendix 3 to this article.

(b) Where there are limited or no air quality data for an area, the Executive Officer or his or her delegate will designate the area as attainment for a pollutant it finds that no state standard for that pollutant has been violated in that area based on:

(1) Air quality data collected in the area during the most recent period since 1980 which meet the conditions in (a) above;

(2) Emissions of that pollutant or its precursors in the area have not increased since that period to a level at which the state standard might be exceeded; and

(3) Air quality data collected in the area since the time period in (1) above do not show a violation of the state standard.

(c) If an area is designated as attainment and now has limited or no air quality data for record for carbon monoxide, nitrogen dioxide, sulfur dioxide, sulfates, or lead (particulate), the Executive Officer or his or her delegate shall continue to designate that area attainment for the respective pollutant if:

(1) Emissions of that pollutant or its precursors in the area have not increased since the area was most recently designated as attainment to a level at which the state standard might be exceeded.

(d) A nonattainment area will not be redesignated as attainment for a pollutant if;

(1) Data for record for the monitoring site showing the greatest violation of a state standard for that pollutant no longer are available; and

(2) No other site has been identified as equivalent by the Executive Officer or his or her delegate.

Cal. Code Regs. Tit. 17, § 70304

1. New section filed 10-6-89; operative 11-5-89; (Register 89, No. 43).
2. New subsection (d) filed 1-2-91; operative 1-2-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 10).
3. Amendment of subsections (b)(1) and (2) and new subsection (b)(3) filed 4-16-93; operative 5-17-93 (Register 93, No. 16).
4. Amendment of subsection (c) filed 8-20-96; operative 9-19-96 (Register 96, No. 34).
5. Amendment of subsections (a), (b), and (d) filed 8-26-99; operative 9-25-99 (Register 99, No. 35).
6. Amendment of subsection (b)(2) filed 6-7-2004; operative 7-7-2004 (Register 2004, No. 24).
7. Amendment of subsections (a), (b) and (c), new subsection (c)(1) and amendment of subsection (d)(2) filed 8-26-2010; operative 9-25-2010 (Register 2010, No. 35).

Note: Authority cited: Sections 39600, 39601, 39607 and 39608, Health and Safety Code. Reference: Sections 39607 and 39608, Health and Safety Code.