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HomeHealth and Safety CodeDiv. 26Pt. 4Ch. 4.5§ 42501 New Source Air Pollution Controls

§ 42501 New Source Air Pollution Controls

Health and Safety Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 42501 New Source Air Pollution Controls

Key Takeaways

  • •Big factories and plants must check with the government before they build or change things that could pollute the air.
  • •These checks make sure new or updated factories don’t make the air dirtier than it already is.
  • •California can make its own rules to keep the air cleaner, even if the federal rules get weaker.
  • •If factories don’t follow these rules, the air could get worse, and people’s health could be hurt.

Example

A big factory wants to add a new machine that might release more smoke into the air.

Before the factory can add the machine, they have to check with the government to make sure it won’t make the air dirtier. If it does, they might have to add special filters or reduce pollution somewhere else to balance it out.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 42501 New Source Air Pollution Controls

The Legislature finds and declares all of the following: (a)  For over 25 years, the federal Clean Air Act (42 U.S.C. Sec. 7401, et seq.) has required major new and modified sources of air pollution to be subject to a new source review program for nonattainment areas and for the prevention of significant deterioration, in order to ensure that those sources use the requisite level of emission control, offset any new emissions, and comply with other requirements, as a means of ensuring that those new and modified sources do not adversely affect air quality. (b)  Requiring controls and emission offsets for new and modified sources ensures that industrial growth does not result in unacceptable levels of air pollution and that existing sources operate more cleanly over time by applying emission controls when those sources are overhauled or upgraded. Without these limits, air quality would degrade over time, and industrial growth, critical to the economic health of the state, would be foreclosed. (c)  The new source review program has been a cornerstone of the state’s efforts to reduce pollution from new and existing industrial sources by requiring those sources to use the requisite level of emission controls based on the attainment status of the area where the source is located. (d)  The U.S. Environmental Protection Agency (U.S. E.P.A.) initially promulgated, and subsequently has revised, the new source review program to carry out the requirements of the federal Clean Air Act for preconstruction review of new and modified sources of air pollutants by the states. (e)  On December 31, 2002, the U.S. E.P.A., under the direction of the President of the United States, promulgated regulations that substantially weaken the basic federal new source review program (67 Fed.Reg. 80186-80289 (Dec. 31, 2002)). In promulgating the regulatory amendments, the U.S. E.P.A. claims that the new source review program has impeded or resulted in the cancellation of projects that would maintain or improve reliability, efficiency, and safety. This claim is contradicted by California’s experience under the new source review programs of the air pollution control and air quality management districts. (f)  The amendments promulgated December 31, 2002, will drastically reduce the circumstances under which modifications at an existing source would be subject to federal new source review. The U.S. E.P.A. has also proposed a rule that will change the definition of “routine maintenance, repair and replacement.” If that rule is finalized, it will significantly worsen the situation. (g)  The newly revised and proposed federal new source review reneges on the promise of clean air embodied in the federal Clean Air Act, and threatens to undermine the air quality of the State of California and thereby threaten the health and safety of the people of the State of California. (h)  Section 107 of the federal Clean Air Act (42 U.S.C. Sec. 7407) provides that the state has primary responsibility for meeting ambient air quality standards in all areas of the state, and that the means to achieve the standards shall be set out in the state implementation plan, or SIP. (i)  Section 116 of the federal Clean Air Act (42 U.S.C. Sec. 7416) preserves the right of states to adopt air pollution control requirements that are more stringent than comparable federal requirements. Moreover, the recent revisions to the federal new source review regulations provide that the states may adopt permitting programs that are “at least as stringent” as the new federal “revised base program,” and that the federal regulations “certainly do not have the goal of ’preempting’ State creativity or innovation.” (67 Fed.Reg. 80241 (Dec. 31, 2002)). (Added by Stats. 2003, Ch. 476, Sec. 1. Effective January 1, 2004.)

Last verified: January 24, 2026

Key Terms

pollutionqualityenvironmentalclaimemissionhealthtriallegislature

Related Statutes

  • § 39619 Fine Particle Air Quality
  • § 42502 Nonvehicular Emission Control Goals
  • § 42503 Air Quality Protection Goals
  • § 40950 Sacramento Air Pollution Findings
  • § 42420 Air Quality Penalty Alternatives

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Health and Safety Code. Section 42501.
View Official Source