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210 HFALTIi AND SAFETY CODE HEALTH AND-SAFELY Gp91;
<br /> 21'1
<br /> with a reasonable schedule of compliance,as determined by the state board -(c) Notwithstanding subdivision (b), an air pollution control officer
<br /> a or the district. may require the applicant to distribute the notice if the district
<br /> (d) (1) Any article, machine, equipment, or contrivance which is rule in effect prior to January 1, 1989. had such a
<br /> located within a.district.which is designated by the state board as a (d) The requirements for public notice pursuant to subdi%zsion (b) ora
<br /> nonattainment area for any national ambient air quality standard,and for district rule in effect prior to January 1,1989,are fulfilled if the air pollution
<br /> which an authority to construct is issued-on °r after January I, 1988,shall control officer or applicant responsible for giving the notice makes a good
<br /> comply with any district regulation which.is adopted after December 31, faith effort to follow the procedures prescribed by la%v for giving the notice,
<br /> 1982, and which requires a reduction in emissions of any air pollutant, and,in these circumstances,failure ofany person to receive the notice shall
<br /> including any precursor of an air pollutant, which interferes with the not affect the validity of any permit subsequently issued by the officer,
<br /> attainment of the standard, from that article, machine, equipment, or (e) Nothing in this section shall be deemed' to limit
<br /> contrivance consistent with a reasonable schedule of compliance, as authority ofany district. any existing
<br /> determined by the district. (f) i n 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 /> adversely affect the ability of the facility owner or operator to amortize the (g) The notice requirements of this section shall not apply if the air
<br /> capital costs of pollution control equipment purchased within the Pollutioncontrol 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$tots,1987,Ch.602,sec.1.) contaminants, as defined in Section 39013, or which are hazardous air
<br /> 42301.6. . (a) Prior to approving an application for emissions.
<br /> PP g pp permit to .(h) As used in this.seciion:
<br /> or modify a source which emits hazardous air emissions, which source is (1) "Hazardous air emissions"means emissions into the ambient air of
<br />� located,within 1,000 feet from the outer boundary of a schoalsi#e, the air air contaminants which-have been identified as'i#otic air contaminant by
<br />� pollution control officer shall prepare a public notice in which the proposed � the.skate board or by the air pollution control officer for the jurisdiction in
<br /> project or modification for which the application for a permit is made is which the project is located. 11 determined b
<br /> fully described.The notice may be prepared whether or not the material is y the air pollution control
<br /> In or would be subject to subdivision (a) of Section 25536,if the air pollution officer'hazardous air emissions also means emissions into the ambient air
<br /> control officer determines and the administering agency concurs that . from an substances identified in subdivisions (a) to (f), inclusive, of
<br /> C9 hazardous air emissions of the materia}may result from an air release,as Seetfon 44321 of the Health and Safety Code. .
<br /> 04defined by Section 44303. The notice may be combined with any other (2) "Acutely hazardous material"means any material defined pursuant
<br /> z notice on the project or permit which is required by law, to subdivision (a) of Section 23532.
<br /> (b) The air pollution control officer shall, at the permit applicant's (.Amended by Stats.1991,Ch.1183,sec.14:;
<br /> expense,distribute or mail the public notice to the parents or guardians of 42301.7• (a) If the air pollution control officer determines.there is a-
<br /> air
<br /> children enrolled in any school that is located within one-quarter mile of reasonably foreseeable threat of a release of an air rontaminanl from •i
<br /> g 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 /> new or modified source at least 30 days prior to the date final action on the violation of Section 41700 and impart persons at the school,the officer shall,
<br /> t� application is to be taken by the officer. The officer shall review and within 24 hours,notify the administering agency and the fire de artment
<br /> consider all comments received during the 30 days after the notice is having jurisdiction over the school, p
<br /> distributed,-and shall include written responses to the comments in the (b) The administering agency may, in responding to a reasonably
<br /> Q permit application file prior to taking Final action on the application, foreseeable threat of a release, do any of the following:
<br /> rn (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 /> N of the notices to the children to be given to their parents or guardians. (2) 1f the facility has not filed a risk management and prevention plan
<br /> CIO ;+ with the administering agency,require the preparation and submission ofa
<br /> plan to the administering agency pursuant
<br /> to Section
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