Section 41704.
Cal. Health and Safety Code - HSC § 41704.
in effectSection 41701 does not apply to any of the following:
(a)
Fires set pursuant to Section 41801.
(b)
Agricultural burning for which a permit has been granted pursuant to Article 3 (commencing with Section 41850).
(c)
Fires set or permitted by any public officer in the performance of his or her official duty for the improvement of watershed, range, or pasture.
(d)
Use of any aircraft to distribute seed, fertilizer, insecticides, or other agricultural aids over lands devoted to the growing of crops or raising of fowl or animals.
(e)
Open outdoor fires used only for cooking of food for human beings or for recreational purposes.
(f)
The use of orchard and citrus grove heaters which are in compliance with the requirements set forth in Section 41860.
(g)
Agricultural operations necessary for the growing of crops or raising of fowl or animals.
(h)
The use of other equipment in agricultural operations necessary for the growing of crops or raising of fowl or animals.
(i)
Fugitive dust emissions from rock crushing facilities within the Southeast Desert Air Basin, where the facilities were in existence prior to January 1, 1970, at a location where the population density is less than 10 persons per square mile in each square mile within a seven-mile radius of the facilities; provided, however, that under no circumstances shall the emissions cause a measurable degradation of the ambient air quality or create a nuisance. This subdivision does not apply to any rock crushing facilities which (1) process in excess of 100 tons of rock in any 24-hour period, averaged over any period of 30 consecutive days, (2) have 25 or more employees, (3) fail to operate and maintain in good working order any emission control equipment installed prior to January 1, 1978, or (4) undergo a change of ownership after January 1, 1977.
(j)
Emissions from vessels using steam boilers during emergency boiler shutdowns for safety reasons, safety and operational tests required by governmental agencies, and where maneuvering is required to avoid hazards.
(k)
Emissions from vessels during a breakdown condition, as long as the discharge is reported in accordance with district requirements.
(
l
)
The use of visible emission generating equipment in training sessions conducted by governmental agencies necessary for certifying persons to evaluate visible emissions for compliance with Section 41701 or applicable district rules and regulations. Any local or regional authority rule or regulation relating to visible emissions are not applicable to the equipment.
(m)
Smoke emissions from teepee burners operating in compliance with Section 4438 of the Public Resources Code during the disposal of forestry and agricultural residues or forestry and agricultural residues with supplementary fossil fuels when the emissions result from the startup or shutdown of the combustion process or from the malfunction of emission control equipment. This subdivision does not apply to emissions which exceed a period or periods of time aggregating more than 30 minutes in any 24-hour period. This subdivision does not apply to emissions which result from the failure to operate and maintain in good working order any emission control equipment.
(n)
Smoke emissions from burners used to produce energy and fired by forestry and agricultural residues with supplementary fossil fuels when the emissions result from startup or shutdown of the combustion process or from the malfunction of emission control equipment. This subdivision does not apply to emissions which exceed a period or periods of time aggregating more than 30 minutes in any 24-hour period, or which result from the failure to operate and maintain in good working order any emission control equipment.
(o)
Emissions from methanol fuel manufacturing plants which manufacture not more than 2,000,000 gallons of methanol fuel per day from wood, agricultural waste, natural gas, or coke (exclusive of petroleum coke). As used in this subdivision, “manufacturing plant” includes all necessary support systems, including field operations equipment that provide feed stock. However, this subdivision shall apply to not more than one methanol fuel manufacturing plant in each air basin and each plant shall be located in an area designated as an “attainment area” pursuant to the Clean Air Act (42 U.S.C. Sec. 7401 et seq.) and shall meet all applicable standards required by the district board. This subdivision shall remain in effect with respect to a plant until five years after construction of the plant and shall have no force and effect with respect to the plant on and after that date.
(p)
The use of an obscurant for the purpose of training military personnel and the testing of military equipment by the United States Department of Defense on any military reservation.
References
referencesCal. Public Resources Code - PRC § 4438.
referencesCal. Health and Safety Code - HSC § 41701.
referencesCal. Health and Safety Code - HSC § 41801.
referencesCal. Health and Safety Code - HSC § 41850.
referencesCal. Health and Safety Code - HSC § 41860.
Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026