Chapter 2 - Definitions

California Health and Safety Code — §§ 39010-39060

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Sections (83)

Amended by Stats. 1976, Ch. 1063.

Unless the context requires otherwise, a definition set forth in this chapter shall govern the construction of this division, unless and until rules and regulations are adopted by the state board pursuant to Section 39601 which revise such definition.

§ 39010.5

Added by Stats. 1982, Ch. 1473, Sec. 1.

“Acid deposition” means the wet or dry deposition of acid chemical compounds from the atmosphere.

§ 39010.6

Added by Stats. 1982, Ch. 1473, Sec. 2.

“Acid deposition precursor” means an air contaminant which may be transformed to an acid gas or particle in the atmosphere.

§ 39011

Amended by Stats. 2004, Ch. 693, Sec. 1. Effective January 1, 2005.

“Agricultural burning” means open outdoor fires used in any of the following:

(a)Agricultural operations in the growing of crops or raising of fowl or animals, or open outdoor fires used in forest management, range improvement, or the improvement of land for wildlife and game habitat, or disease or pest prevention.

(b)The operation or maintenance of a system for the delivery of water for the purposes specified in subdivision (a).

(c)Wildland vegetation management burning.

(1)For purposes of this subdivision, wildland vegetation management burning is the use of prescribed burning conducted by a public agency, or through a cooperative agreement or contract involving a public agency, to burn land predominantly covered with chaparral, trees, grass, or standing brush.

(2)For purposes of this subdivision, prescribed burning is the planned application and confinement of fire to wildland fuels on lands selected in advance of that application to achieve any of the following objectives:

(A)Prevention of high-intensity wildland fires through reduction of the volume and continuity of wildland fuels.

(B)Watershed management.

(C)Range improvement.

(D)Vegetation management.

(E)Forest improvement.

(F)Wildlife habitat improvement.

(G)Air quality maintenance.

(3)The planned application of fire may include natural or accidental ignition.

§ 39011.5

Amended by Stats. 2004, Ch. 183, Sec. 215. Effective January 1, 2005.

(a)“Agricultural source of air pollution” or “agricultural source” means a source of air pollution or a group of sources used in the production of crops, or the raising of fowl or animals located on contiguous property under common ownership or control that meets any of the following criteria:

(1)Is a confined animal facility, including, but not limited to, any structure, building, installation, barn, corral, coop, feed storage area, milking parlor, or system for the collection, storage, treatment, and distribution of liquid and solid manure, if domesticated animals, including, but not limited to, cattle, calves, horses, sheep, goats, swine, rabbits, chickens, turkeys, or ducks are corralled, penned, or otherwise caused to remain in restricted areas for commercial agricultural purposes and feeding is by means other than grazing.

(2)Is an internal combustion engine used in the production of crops or the raising of fowl or animals, including, but not limited to, an engine subject to Article 1.5 (commencing with Section 41750) of Chapter 3 of Part 4 except an engine that is used to propel implements of husbandry, as that term is defined in Section 36000 of the Vehicle Code, as that section existed on January 1, 2003. Notwithstanding subdivision (b) of Section 39601, the state board may not revise this definition for the purposes of this section.

(3)Is a Title V source, as that term is defined in Section 39053.5, or is a source that is otherwise subject to regulation by a district pursuant to this division or the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.).

(b)Any district rule or regulation affecting stationary sources on agricultural operations adopted on or before January 1, 2004, is applicable to an agricultural source.

(c)Nothing in this section limits the authority of a district to regulate a source, including, but not limited to, a stationary source that is an agricultural source, over which it otherwise has jurisdiction pursuant to this division, or pursuant to the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) or any rules or regulations adopted pursuant to that act that were in effect on or before January 1, 2003, or to exempt an agricultural source from any requirement otherwise applicable under Section 40724 or 42301.16, based upon a finding by the district in a public hearing that the aggregate emissions from that source do not exceed a de minimis level of more than one ton of particulate matter, nitrogen oxides, or volatile organic compounds per year.

§ 39012

Repealed and added by Stats. 1975, Ch. 957.

“Air basin” means an area of the state designated by the state board pursuant to subdivision (a) of Section 39606.

§ 39013

Amended by Stats. 1976, Ch. 1063.

“Air contaminant” or “air pollutant” means any discharge, release, or other propagation into the atmosphere and includes, but is not limited to, smoke, charred paper, dust, soot, grime, carbon, fumes, gases, odors, particulate matter, acids, or any combination thereof.

§ 39014

Added by Stats. 1975, Ch. 957.

“Ambient air quality standards” means specified concentrations and durations of air pollutants which reflect the relationship between the intensity and composition of air pollution to undesirable effects established by the state board or, where applicable, by the federal government.

§ 39014.3

Amended by Stats. 2001, Ch. 163, Sec. 1. Effective January 1, 2002.

“Antelope Valley district” means the Antelope Valley Air Quality Management District created pursuant to Chapter 14 (commencing with Section 41300) of Part 3.

§ 39014.5

Amended by Stats. 2001, Ch. 163, Sec. 2. Effective January 1, 2002.

“Antelope Valley district board” means the governing board of the Antelope Valley Air Quality Management District.

§ 39015

Amended by Stats. 1978, Ch. 1025.

“Bay district” means the Bay Area Air Quality Management District continued in existence pursuant to Chapter 4 (commencing with Section 40200) of Part 3.

§ 39016

Added by Stats. 1975, Ch. 957.

“Bay district board” means the governing body of the bay district.

§ 39016.5

Repealed and added by Stats. 2000, Ch. 890, Sec. 2. Effective January 1, 2001.

“Bureau” means the Bureau of Automotive Repair in the Department of Consumer Affairs.

§ 39017

Added by Stats. 1975, Ch. 957.

“Bus” has the same meaning as defined in Section 233 of the Vehicle Code.

§ 39018

Added by Stats. 1975, Ch. 957.

“Certification” means a finding by the state board that a motor vehicle, motor vehicle engine, or motor vehicle pollution control device has satisfied the criteria adopted by the state board for the control of specified air contaminants from vehicular sources.

§ 39019

Added by Stats. 1975, Ch. 957.

“Certified device” means a motor vehicle pollution control device with a certification, and includes a motor vehicle pollution control device previously accredited or approved by the state board or by the Motor Vehicle Pollution Control Board.

The term “accredited” or “approved” may continue to be used with respect to such devices previously accredited or approved.

§ 39019.5

Added by Stats. 1979, Ch. 922.

“Cogeneration technology” has the same meaning as defined in Section 25134 of the Public Resources Code.

§ 39019.6

Added by Stats. 1979, Ch. 922.

“Cogeneration technology project” shall not include existing equipment owned or operated by the applicant or host industry which is not modified as a result of utilizing cogeneration technology.

§ 39022

Repealed and added by Stats. 1975, Ch. 957.

“County district” means a district continued in existence pursuant to Chapter 2 (commencing with Section 40100) of Part 3.

§ 39023

Repealed and added by Stats. 1975, Ch. 957.

“County district board” means the governing body of a county district.

§ 39023.3