Section 93410 - Implementation by Carb and by the Local Air Districts(a) The requirements of this article are provisions of state law and may be enforced by either CARB or the local air districts where facilities covered by this article are located. Local air districts may incorporate the terms of this article into local air district rules and/or permits. Any penalties secured by a local air district as the result of an enforcement action that it undertakes to enforce the provisions of this article may be retained by the local air district.(b) The Executive Officer may enter into an agreement or agreements with any local air district to further define funding, implementation and enforcement processes, including arrangements further specifying approaches for implementation and enforcement of this article, and for information sharing between CARB and local air districts relating to this article.(c) Implementation and enforcement of the requirements of this article by a local air district may in no instance result in a standard, requirement, or prohibition less stringent than provided for by this article, as determined by the Executive Officer. The terms of any local air district permit or rule relating to this article do not alter the terms of this article, which remain as separate requirements for all sources subject to this article.(d) Implementation and enforcement of the requirements of this article by a local air district, including inclusion or exclusion of any of its terms within any local air district permit, or within a local air district rule, or registration of a facility with a local air district or CARB, does not in any way waive or limit CARB's authority to implement and enforce upon the requirements of this article. A facility's permitting or registration status also in no way limits the ability of a local air district to enforce the requirements of this article.(e) If an air district requires additional facilities that do not meet the applicability criteria of this article to provide emissions or activity level data to the air district to meet any district, state, or federal reporting requirements, the air district may report the associated emissions data to CARB; however such a facility is not required to comply with the requirements of this article.(f)Request for Determination of Applicability. A citizen may request that CARB coordinate with a local air district to clarify a facility's permit status, and the facility's applicability under this article. The request must be sent to the contact information in 93403(f). Only one facility may be identified for each request; requests that include multiple facilities will not be accepted. The request must include the address of the facility or enough information to determine the location of the source. The request may include additional information to assist with identification of the facility, which may include the facility name. The applicability determination will include the reason for applicability or non-applicability. The Executive Officer will acknowledge the request by responding within 5 business days after receipt of such request. The Executive Officer will provide a determination of applicability within 60 business days from receipt of the initial request.Cal. Code Regs. Tit. 17, § 93410
1. New section filed 11-22-2019; operative 1-1-2020 (Register 2019, No. 47).
2. Amendment of section and NOTE filed 10-28-2021; operative 1-1-2022 (Register 2021, No. 44). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20. Note: Authority cited: Sections 39600, 39601, 39602, 39605, 39606, 39607, 39607.1, 39607.3, 39701, 40913, 41500, 41511, 42700, 42705, 42705.5, 42705.6 and 44391.2, Health and Safety Code. Reference: Sections 39003, 39500, 39606, 39607.1, 42705.5, 44301 and 44391.2, Health and Safety Code.
1. New section filed 11-22-2019; operative 1/1/2020 (Register 2019, No. 47).
2. Amendment of section and Note filed 10-28-2021; operative 1/1/2022 (Register 2021, No. 44). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.