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<br /> 210 HEkLTH AND SAFETY CODE HEALTH AND SAFETY CODE 211
<br /> with a reasonable schedule of compliance,as determined by the state board (c) Notwithstanding subdivision (b), an air pollution control officer
<br /> or the district 4 may require the applicant to distribute the notice if the district had such a
<br /> (d) (1) Any article, machine, equipment, or contrivance whigh is rule in effect prior to January 1, 1989
<br /> located within a district which is designated by the state board as a (d) The requirements for public notice pursuant to subdn)Sion (b) ora
<br /> nonattamment area for any national ambient air quality standard, anti for district rule in effect prior to January 1, 1989,are fulfilled if the air pollution
<br /> ►►hich an authority to construct is issued on or after January 1, 1988, shall control officer or applicant responsible for gi►ing the notice males a good
<br /> comply a ith anv district regulation which is adopted after December 31, faith effort to follow the procedures prescribed b) la►► for gi%ing the notice
<br /> 1982, and %%hich requires a reduction in emissions of any air pollutant, and,in these circumstances,failure of any person to receir a the notice shall
<br /> including any precursor of an air pollutant, which interferes with the not affect the validity of any permit subsequentl► issued b► the officer
<br /> attainment of the standard, from that article, machine, equipment, or o hingin this section shall be deemed to limit an► existing
<br /> authority
<br /> contrivance consistent %,ith a reasonable schedule of compliance, as any district
<br /> deterr>med by the district (f) An applicant for a permit shall certify whether the proposed source
<br /> (2) In determining a schedule of compliance under this subdivision,the or modification is located within 1,000 feet of a schoolsite
<br /> district shall consider the extent to which the proposed schedule will Misrepresentation of this fact may result in the denial of a permit
<br /> ad%ersel► affect the ability of the faciht) o►►ner or operator to amortize the (8) The notice requirements of this section shall not apply if the air
<br /> capital costs of pollution control equipment purchased within the pollution control officer determines that the application to construct or
<br /> preceding five years modify a source will result in a reduction or equivalent amount of air
<br /> (Amended by Stals 1987,Ch 602,Sec t } contaminants, as defined in Section 39013, or which are hazardous air
<br /> emissions
<br /> 423016 (a) Prior to approving an application for a permit to construct (h} As used in this section
<br /> or modify a source ►►hick emits hazardous air emissions, which source is (1) "Hazardous air emissions" means emissions into the ambient air of
<br /> located ►►ithin 1,000 feet from the outer boundary of a schoolsite, the air air contaminants which have been identified as a toxic air contaminant by
<br /> pollution control officer shall prepare a public notice in which the proposed the state board or by the air pollution control officer for the urisdiction in
<br /> protect or modification for ►vhich the application for a permit is made is which the project is located As determined by the air pollution control
<br /> fully described The notice may be prepared whether or not the material is officer, hazardous air emissions also means emissions into the ambient air
<br /> or ►c ould be subject to subdi%ision (a) of Section 25536, if the air pollution from any substances identified in subdi►isions (a) to
<br /> control officer determines and the administering agency concurs that Section 44321 of the Health and Safety Code (0. indust►e, of
<br /> hazardous air emissions of the material may result from an air release, as (2) Acutely hazardous material 'means any material definedursuant
<br /> defined k Section 44303 The notice may be combined with any other, to subdivision (a) of Section 23532 p
<br /> notice on the project or permit which is required by law
<br /> (b) The air pollution control officer shall, at the permit applican)'s (Amended b, Stars (991,Ch 1183,Sec 14 1
<br /> expense,distribute or mail the public notice to the parents or guardians of 423017 (a) If the air pollution control officer determines there is a
<br /> children enrolled in any school that is located within one-quarter mile of reasonably foreseeable threat of a release of an air contaminant from a
<br /> the source and to each address within a radius of 1,000 feet of the proposed source within 1,000 feet of the boundary of a school that would result in a
<br /> ne►v or modified source at least 30 days prior to the date final action on the violation of Section 41700 and impact persons at the school,the officer shall,
<br /> application is to be taken by the officer The officer shall review and within 24 hours, notify the administering agency and the fire department
<br /> consider all comments received during the 30 days after the notice is having jurisdiction over the school
<br /> distributed, and shall include written responses to the comments in the (b) The administering agency may, in responding to a reasonably
<br /> permit application file prior to taking final action on the application foreseeable threat of a release, do any of the following
<br /> (1) Notwithstanding Section 49073 of the Education Code,or any other (1) Review the facility's risk management and prevention plan
<br /> provision of law,the information necessary to mail notices required by this prepared pursuant to Section 25534 to determine whether the program
<br /> section shall be made available by the school district to the air pollution should be modified, and, if so, require submission of appropriate
<br /> control officer modifications Notwithstanding any other provision of law, the
<br /> (2) Nothing in this subdivision precludes, at the discretion of the air administering agency may order modification and implementation of a
<br /> pollution control officer and with permission of the school,the distribution revised risk management and prevention plan at the earliest feasible date
<br /> of the notices to the children to be given to their parents or guardians (2) If the facility has not filed a risk management and prevention plan
<br /> with the administering agency,require the preparation and submission of a
<br /> plan to the administering agency pursuant to Section
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