1. (a) The Executive Officer or his or her delegate will designate an area as nonattainment for a pollutant if:

   1. (1) Data for record show at least one violation of a state standard for that pollutant in the area, and the measurement of the violation meets the representativeness criteria set forth in “Criteria for Determining Data Representativeness” contained in Appendix 1 to this article; or
   2. (2) Limited or no air quality data were collected in the area, but the Executive Officer or his or her delegate finds, based on meteorology, topography, and air quality data for an adjacent nonattainment area, that there has been at least one violation of a state standard for that pollutant in the area being designated.
2. (b) An area will not be designated as nonattainment if the only recorded exceedance(s) of that state standard were based solely on data for record determined to be affected by a highly irregular or infrequent event. Data affected by a highly irregular or infrequent event will be identified as such by the Executive Officer or his or her delegate in accordance with the “Air Resources Board Procedure for Reviewing Air Quality Data Possibly Affected by a Highly Irregular or Infrequent Event,” set forth in Appendix 2 to this article.

Note: Authority cited: Sections 39600, 39601, 39607 and 39608, Health and Safety Code. Reference: Sections 39607 and 39608, Health and Safety Code.

History

1. New section filed 10-6-89; operative 11-5-89 (Register 89, No. 43).

2. Amendment of subsections (b) and (c) filed 1-2-91; operative 1-2-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 10).

3. Amendment of subsections (c) and (c)(1), repealer of subsection (c)(2) and subsection renumbering, amendment of newly designated subsection (c)(2), and new subsection (d) filed 4-16-93; operative 5-17-93 (Register 93, No. 16).

4. Amendment of subsection (c) and Note filed 11-30-93; operative 12-30-93 (Register 93, No. 49).

5. Amendment of subsections (a)(1), (b) and (c)-(c)(2) filed 8-20-96; operative 9-19-96 (Register 96, No. 34).

6. Amendment of subsections (a) and (b), repealer of subsections (c)-(d) and amendment of Note filed 8-26-99; operative 9-25-99 (Register 99, No. 35).

7. Amendment of subsection (b) filed 6-7-2004; operative 7-7-2004 (Register 2004, No. 24).

8. Amendment filed 8-26-2010; operative 9-25-2010 (Register 2010, No. 35).