39011.5. (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.).
