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. • Enclosure 2 • AIR POI,Lu"rioN CONTROL LAWS-144.9 CHAPTER 2.5. NoINATTAINMENT AREA PLANS 41650. (a) The state board shall adopt the nonattainment area plan approved I)%- a designated air quality planning agency as part of the state implementation plan, unless the state board finds,after a public hearing, that the nonattainment area plan will not meet the requirements of the Clean Air Act (42 U.S.C.Sec.7401 n et seq.). efit (b) The primary responsibility for determining whether a control measure is 'logy reasonably available shall be vested in the public agency which has the primary sting responsibility for implementation of that control measure. The determination of [the reasonabh• available control measure by the public agency responsible for implementation shall be conclusive, unless the state board finds after public ,f . shall hearing that such determination will not meet the requirements of the Clean Air ) ffsets Act. Ig of yt of 41651. In addition to any other statutory requirements,at the public hearing •deral held pursuant to Section 41630,the districts included,in whole or in part,within nable the nonattainment area,the designated air quality planning agency,and members of the public shall have the opportunity to present oral and written evidence. A the In addition, the districts and the agency shall have the right to question and state solicit testimony of qualified representatives of the state board staff on the matter from being considered.The state board may,by an affirmative vote of four members, �! :ed by place reasonable limits on the right to question and solicit testimony of qualified wing: representatives of the state board staff. is 41652. If,after the public hearing,the state board finds that the nonattainment area plan approved by the designated air quality planning agencies does not r comply with the requirements of the Clean Air Act (42 U.S.C. Sec.7401 et seq.), which the state board may adopt such revisions as necessary to comply with such ' organic requirements, except as otherwise provided in Article 5.5 (commencing with xtrical Section 53098) of Chapter I of Part 1 of Division 2 of Title 5 of the Government occurs Code. !st land in that CHAPTER 3. EMISSION LIMITATIONS o of 1.2 Article L General Provisions further 41700. Except as otherwise provided in Section 41705,no person shall discharge •n, shall from any source whatsoever such quantities of air contaminants or other material k' offsets %yhich cause injury, detriment, nuisance, or annoyance to any considerable .g of the number of persons or to the public,or which endanger the comfort,repose,health, ;314.5 as or safety of any such persons or the public, or which cause, or have a natural may be tendency to cause, injury or damage to business or property. toward 41701. Except as otherwise provided in Section 41704, or Article 2 iiia}be, icommencing with Section 41800) of this chapter other than Section 41812, or �v hich is Article 2 (commencing with Section 42350) of Chapter 4,no person shall discharge xmation into the atmosphere from any source whatsoever any air contaminant,other than uncombined water vapor, for a period or periods aggregating more than three minutes in any one hour which is: (a) As dark or darker in shade as that designated as No. 2 on the Ringelmann Chart, as published by the United States Bureau of Mines, or { (b) Of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke described in subdivision (a). 41701.5. Neither the state board nor any district shall impose a discharge requirement on emissions of visible smoke from diesel pile driving hammers which is more stringent than the requirements specified in Section 41701.