Health & Saf. Code, § 40405 · Article 1. General Provisions
Health & Saf. Code, § 40405
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) As used in this chapter, “best available control technology” means an emission limitation that will achieve the lowest achievable emission rate for the source to which it is applied. Subject to subdivision (b), “lowest achievable emission rate,” as used in this section, means the more stringent of the following:
(1) The most stringent emission limitation that is contained in the state implementation plan for the particular class or category of source, unless the owner or operator of the source demonstrates that the limitation is not achievable.
(2) The most stringent emission limitation that is achieved in practice by that class or category or source.
(b) “Lowest achievable emission rate” shall not be construed to authorize the permitting of a proposed new source or a modified source that will emit any pollutant in excess of the amount allowable under the applicable new source standards of performance.
Notes and commentary — not statutory text
History
Added by Stats. 1987, Ch. 1301, Sec. 1.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC§ionNum=40405.
- Text hash
- sha256 b701fde019a82b9e87cff2c112d6bec7a7cee762d39f96cf35497709e79fdb39
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
Cited by 8 provisions
Provisions in this library whose text cites Health & Saf. Code, § 40405. Each shows the citation as that text prints it.
Health and Safety Code
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