U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-296 658
Air Pollution Regulations in
State Implementation Plans
California, Amador County
Abcor, Inc, Wilmington, MA Walden Oiv
Prepared for
Environmental Protection Agency, Research Triangle Park, NC Control
Programs Development Div
Aug 78
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United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards-
Research Triangle Park NC 27711
EPA-450/3-78-054-1
August 1978
Air
Air Pollution Regulations
in State Implementation
Plans:
California
Amador County
REPRODUCED BY
NATIONAL TECHNICAL
! INFORMATION SERVICE
! U. S. DEPARTMENT Of COMMERCE
; SPRINGFIELD, VA. 22161
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TECHNICAL REPORT DATA
(Please read Instructions on the reverse before completing/
1. REPORT NO.
EPA-450/3-78-054-1
2.
3. RECIPIENT'S ACCESSIONING
IECIPIE
4, TITLE AND SUBTITLE
Air Pollution Regulations in State Implementation i
Plans: California Amador County
5. REPORT DATE
August 1978
6. PERFORMING ORGANIZATION CODE
7. AUTHOR(S)
8. PERFORMING ORGANIZATION REPORT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Waiden Division of Abcor, Inc.
Wilmington, Mass.
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT NO.
68-02-2890
12. SPONSORING AGENCY NAME AND ADDRESS
13. TYPE OF REPORT AND PERIOD COVERED
Control Programs Development Division
Office of Air Quality Planning and Standards
Office of Air, Noise, and Radiation
Research Triangle Park, NC 27711
14. SPONSORING AGENCY CODE
15. SUPPLEMENTARY NOTES
EPA Project Officer: Bob Schell, Control Programs Development Division
16. ABSTRACT
This document has been produced in compliance with Section 110(h)(l) of the Clean Air
Act amendments of 1977. The Federally enforceable regulations contained in the State
Implementation Plans (SIPs) have been compiled for all 56 States and territories
(with the exception of the Northern Mariana Islands). They consist of both the
Federally approved State and/or local air quality regulations as indicated in the
Federal Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of the above
categories as of January 1,1978, have been incorporated. As mandated by Congress,
this document will be updated annually. State and/or local air quality regulations
which have not been Federally approved as of January 1, 1978, are not included here;
omission of these regulations from this document in no way affects the ability of
the respective Federal, State, or local agencies to enforce such regulations.
17.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
b.lDENTIFIERS/OPEN ENDED TERMS C. COSATI Field/Group
Air pollution
Federal Regulations
Pollution
State Implementation Plans
18. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
19. SECURITY CLASS (This Report/
Unclassified
21.
20. SECURITY CLASS (Thispage)
Unclassified
22. PRICE' pŁ,
/i'V-?> /
EPA Form 2220-1 (9-73)
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EPA-450/3-78-054-1
Air Pollution Regulations
in State Implementation Plans
0 _
California
I Amador County
by
Walden Division of Abcor, Inc.
Wilmington, Massachusetts
Contract No. 68-02-2890
EPA Project Officer: Bob Schell
Prepared for
U.S. ENVIRONMENTAL PROTECTION AGENCY
Office of Air, Noise, and Radiation
Office of Air Quality Planning and Standards
Research Triangle Park, North Carolina 27711
August 1978
-------
This report is issued by the Environmental Protection Agency to
report air pollution regulations of interest to a limited number of
readers. Copies are available, for a fee, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
This report was furnished to the Environmental Protection Agency by
Walden Division of Abcor, Inc., Wilmington, Mass. 01887, in fulfillment
of Contract No. 68-02-2890. The contents of this report are reproduced
herein as received from Walden Division of Abcor, Inc. The opinions,
findings, and conclusions expressed are those of the author and not
necessarily those of the Environmental Protection Agency. Mention of
company or product names is not to be considered as an endorsement
by the Environmental Protection Agency.
Publication No. EPA-450/3-78-054-1
n
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INTRODUCTION
ť
This document has been produced in compliance with Section 110(h)(l)
of the Clean Air Act Amendments of 1977. The Federally enforceable
regulations contained in the State Implementation Plans (SIPs) have been
compiled for all 56 States and territories (with the exception of the
Northern Mariana Islands). They consist of both the Federally approved
State and/or local air quality regulations as indicated in the Federal
Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of
the above categories as of January 1, 1978, have been incorporated. As
mandated by Congress, this document will be updated annually. .State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.
There have been recent changes in the Federal enforceability of
parking management regulations and indirect source regulations. The
October, 1977, appropriation bill for EPA prohibited Federal enforcement
of parking management regulations in the absence of specific Federal
authorizing legislation. Federally promulgated parking management
regulations have, therefore, been suspended indefinitely. Pursuant to
the 1977 Clean Air Actr Amendments, indirect source regulations may not
be required for the approval of a given SIP. Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted indirect source regulations Contained in an applicable SIP
are Federally enforceable. More importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded, operated, or:owned facilities or projects. Therefore, the
Federally promulgatedrindirect-source, regulations appearing in this
document are not enforceable by EPA except as they relate to Federal
facilities.
Since State air quality regulations vary widely in their organization,
content, and language, a standardized subject index is utilized in this
document. Index listings consist of both contaminant and activity oriented
categories to facilitate usage. For example, for regulations which apply
to copper smelters, one might look under sulfur compounds (50.2), particu-
late matter process weight (50.1.1), or copper smelters (51.15). Federal
regulations pertaining to a given State immediately follow the approved
State and local regulations.
Additionally, a summary sheet of the information included in each
comprehensive document is presented prior to the regulatory text to
allow one to quickly assess the contents of the document. Specifically,
the summary sheets contain the date of submittal to EPA of each revision
iii
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- 2 -
to the SIP and the date of the Federal Register in which the revision
was either approved or disapproved by EPA. Finally, a brief description
or reference of the regulation which was submitted is also included.
This document is not intended to provide a tool for determining
the enforceability of any given regulation. As stated above, it is
intended to provide a comprehensive compilation of those regulations
which ara incorporated directly or by reference into Title 40, Part 52,
of the Code Of Federal Regulations. Consequently, the exclusion of a
Federally approved regulation from this document does not diminish the
enforceability of the regulation. Similarly, the inclusion of a given
regulation (for example, regulations governing pollutants, such as odors,
for which there is no national ambient air quality standards) in this
document does not, in itself, render the regulation enforceable.
iv
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SUMMARY SHEET
OF
EPA-APPROVED REGULATION CHANGES
AMADOR COUNTY
Submittal Date Approval Date .. Description
6/30/72 9/22/72 All Regs. Approved
unless noted other-
wise
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DOCUMENTATION OF CURRENT EPA-APPROVED
STATE AIR POLLUTION REGULATIONS
REVISED STANDARD SUBJECT INDEX
1.0 DEFINITIONS
2.0 GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES
3.0 REGISTRATION CERTIFICATES, OPERATING PERMITS AND APPLICATIONS
4.0 AIR QUALITY STANDARDS (PRIMARY AND SECONDARY)
; 4.1 PARTICULARS
4.2 SULFUR DIOXIDE
4.3 NITRIC OXIDES
4.4 HYDROCARBONS
4.5 CARBON MONOXIDE
4.6 OXIDANTS
4.7 OTHERS
5.0 VARIANCES
6.0 COMPLIANCE SCHEDULES
7.0 EQUIPMENT MALFUNCTION AND MAINTENANCE
8.0 EMERGENCY EPISODES
9.0 AIR QUALITY SURVEILLANCE AND SOURCE TESTING
10.0 NEW SOURCE PERFORMANCE STANDARDS
11.0 NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS
12.0 MOTOR VEHICLE EMISSIONS AND CONTROLS
13.0 RECORD KEEPING AND REPORTING
14.0 PUBLIC AVAILABILITY OF DATA
15.0 LEGAL AUTHORITY AND ENFORCEMENT
16.0 HEARINGS, COMPLAINTS, AND INVESTIGATIONS
17.0 PREVENTION OF SIGNIFICANT DETERIORATION
18.0 AIR QUALITY MAINTENANCE AREA
19.0 - 49.0
RESERVED FOR FUTURE EXPANSION OF COMMON INDEX
50.0 POLLUTANT - SPECIFIC REGULATIONS
50.1 PARTICULATES
50.1.1 PROCESS WEIGHT
50.1.2 VISIBLE EMISSIONS
50.1.3 GENERAL
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50.2 SULFUR COMPOUNDS
50.3 NITRIC OXIDES
50.4 HYDROCARBONS
50.5 CARBON MONOXIDE
50.6 ODOROUS POLLUTANTS
50.7 OTHERS (Pb, Hg, etc.)
51.0 SOURCE CATEGORY SPECIFIC REGULATIONS
51.1 AGRICULTURAL PROCESSES (Includes Grain Handling, Orchard Heaters,
R1ce and Soybean Facilities, Related Topics)
51.2 COAL OPERATIONS (Includes Cleaning, Preparation, Coal Refuse
Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
51.3 CONSTRUCTION (Includes Cement Plants, Materials Handling, Topics
Related to Construction Industry)
51.4 FERROUS FOUNDRIES (Includes Blast Furnaces, Related Topics)
51.5 FUEL BURNING EQUIPMENT (coal, natural gas, oil) Partlculates
(Includes Fuel Content and Other Related Topics)
51.6 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (Includes
Fuel Content and Other Related Topics)
51.7 FUEL BURNING EQUIPMENT (oil, natural gas, coal) N02 (Includes
Fuel Content and Other Related Topics)
51.8 HOT MIX ASPHALT PLANTS
51.9 INCINERATION
51.10 NITRIC ACID PLANTS
51.11 NON-FERROUS SMELTERS (Zn, Cu, etc.) - Sulfur Dioxide
51.12 NUCLEAR ENERGY FACILITIES (Includes Related Topic)
51.13 OPEN BURNING (Includes Forest Management, Forest Fire, Fire
Fighting Practice, Agricultural Burning and Related Topics)
51.14 PAPER PULP; WOOD PULP AND KRAFT MILLS (Includes Related Topics)
51.15 PETROLEUM REFINERIES
51.16 PETROLEUM STORAGE (Includes Loading, Unloading, Handling and
Related Topics)
51.17 SECONDARY METAL OPERATIONS (Includes Aluminum, Steel and Related
Topics)
51.18 SULFURIC ACID PLANTS
51.19 SULFURIC RECOVERY OPERATIONS
51.20 WOOD WASTE BURNERS
51.21 MISCELLANEOUS TOPICS
vn
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TABLE OF CONTENTS
Revised Standard
Subject Index
-
(2.0)
(1.0)
(14.0)
(15.0)
(15.0)
-
(3.0)
(3.0)
(3.0)
(2.0)
-
(2.0)
(3.0)
(3.0)
(2.0)
(2.0)
(2.0)
(3.0)
AMADOR COUNTY
REGULATIONS
Reg. Rule Number Title
Reg. I
Rule 1
2
3
4
5
Reg. II
Rule 1
2
3
4
Reg. Ill
Rule 1
2
3
4
5
6
7
General Provisions
Title
Definitions
Confidential <
Information
Enforcement
Validity
Registration
-
-
-
Exemptions
Permits
Authority to Construct
Permit to Operate
Posting of Permit to
Operate
-
Exemptions
Transfer
Applications
Page
1
1
1
4
5
5
5
5
6
6
6
7
7
7
8
8
8
10
10
viii
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Revised Standard
Subject Index
(2.0)
(3.0)
(9.0)
(3.0)
(2.0)
(3.0)
(2.0)
(3.0)
(2.0)
-
(2.0)
(2.0)
'(2.0)
(9.0)
(50.1.2)
(2.0)
(50.7)
(2.0)
{50.1.2)
(51.13)
Reg. Rule Number
8
9
10
11
Rule 12
13
14
15
16
Reg. IV
Rule 1
Reg. V
Rule 1
2
3
4
5
6
7
8
Title
Cancellation
Action on Application
Provisions of Sampling
and Testing Facilities
Standards for Granting
Applications
Conditional Approval
Denial of Applications
Further Information
Applications Deemed
Denied
Appeals
Fees
-
Prohibitions
Prohibitions Under
State Law
Analyses Required
Ringlemann Chart
Exceptions
Nuisance
Additional Exception
Wet Plumes
Open Burning
Page
10
10
10
10
11
11
12
12
12
12
12
13
13
13
13
13
14
14
14
15
ix
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Revised Standard
Subject Index
(51.9)
(50.1)
(50.0)
(51.1)
(50.1.1)
(50.1.1.)
(51.16)
(51.16)
(51.16)
(50.4)
(51.5H51.6)
(51.7)
(51.21)
(2.0)
(12.0)
-
(2.0)
(2.0)
(2.0)
(2.0)
Reg. Rule Number
9
10
11
12
13
14
15
16
17
Rule 18
19
20
21
22
Reg. VI
Rule 1
2
3
4
Title
Incinerator Burning
Parti cul ate Matter
Speci f i c Contami nants
Prohibitions Regarding
Orchard Heaters
Process Weight Rate
Process Weight Table
Storage of Petroleum
Products
Gasoline Storage
Organic Liquid Loading
Organic Solvents
Fuel Burning Equipment
Reduction of Animal
Matter
Circumvention
Emission Control for
Used Motor Vehicles
Procedure Before The
Hearing Board
Applicable Articles of
the Health Safety Code
General
Filing Petitions
Contents of Petitions
Page
16
16
16
16
16
17
.18
18
18
19
23
24
25
26
26
26
26
26
26
- x -
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Revised Standard
Subject Index Reg. Rule Number Title Page
(5.0)
(2.0)
(2.0)
(2.0)
(16.0)
(16.0)
(2.0)
(13.0)
(2.0)
(2.0)
(2.0)
(2.0)
(2.0)
-
(1.0)
(51.13)
(2.0)
(15.0)
5
6
7
8
9
10
11
12
13
14
15
16
17
Reg. VII
Rule 1
2
3
4
Petition for Variances
Failure to Comply with
Rules
Answers
Dismissal of Petition
Place of Hearing
Notice of Hearing
Evidence
Record of Proceedings
Preliminary Matters
Official Notice
Continuances
Decision
Effective Date of
Decision
Agricultural Burning
Definitions
Prohibitions.
Exceptions
Penalty Cause
27
28
28
28
28
28
28
29
29
29
30
30
30
30
30
31
32
33
- XI
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RULES AND REGULATIONS
AMADOR COUNTY
AIR POLLUTION CONTROL DISTRICT
Regulation I
General Provisions
(2.0) Rule 1. TITLE.
These rules and regulations shall be known as the Rules and Regulations
of the Amador County Air Pollution Control District.
(1.0) Rule 2. DEFINITIONS.
Except as otherwise specifically provided in these rules, and except where
the context otherwise indicates, words used in these rules, are used in
exactly the same sense as the same words are used in the Health and Safety
Code of the State of California.
A. AGRICULTURAL BURNING. "Agricultural burning," as used in these
Regulations means open outdoor fires used in agricultural opera-
tions including the growing of crops or raising of fowls or
animals, forest management, or range improvement.
B. AIR CONTAMINANT. "Air contaminant," includes smoke, charred
paper, dust, soot, grime, carbon, noxious acids, fumes, gases,
or particulate matter, or any combination thereof.
C. AIR POLLUTANT. "Air Pollutant," means dust, fumes, mist, smoke,
other particulate matter, vapor, gas, odorous substances, or any
combination thereof.
D. ALTERATION. Any addition to, enlargement of, replacement of, or
any major modification or change of the design, capacity, process,
or arrangement, or any increase in the connected loading of,
equipment or control apparatus, which will significantly increase
or affect the kind or amount of air contaminants emitted.
E. ATMOSPHERE. "Atmosphere," means the air that envelopes or sur-
rounds the earth. Where air pollutants are emitted into a
building not designed specifically as a piece of air pollution
control equipment, such emission into the building shall be
considered an emission into the atmosphere.
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F. BOARD. "Board," means Air Pollution Control Board of the Air
Pollution Control District of Amador County.
G. COMBUSTIBLE REFUSE. "Combustible Refuse," is any solid or liquid
combustible waste material containing carbon in a free or com-
bined state.
H. COMBUSTION CONTAMINANTS. "Combustion Contaminants," are par-
ticulate matter discharged into the atmosphere from the burning
of any kind of material containing carbon in a free or combined
state.
I. CONDENSED FUMES. "Condensed Fumes," are minute, solid particles
generated by the condensation of vapors from solid matter after
volatilization from the molten state, or may be generated by
sublimation, distillation, calcination, or chemical reaction,
when these processes create air-borne particles.
J. CONTROL OFFICER. "Control Officer," means the Air Pollution
Control Officer of the Air Pollution Control District of Amador
County.
K. DISTRICT. "District," is the Air Pollution Control District of
Amador County.
L. DUSTS. "Dusts," are minute, solid particles released into the
air by natural forces or by mechanical processes such as crush-
ing, grinding, milling, drilling, demolishing, shoveling,
conveying, covering, bagging, sweeping, or other similar pro-
cesses.
M. EMISSION. "Emission," means the act of releasing or discharging
air pollutants into the ambient air from any source.
N. EMISSION POINT. The place, located in a horizontal plane and
vertical elevation, at which an emission enters the atmosphere,
0. FLUE. Any duct or passage for air, gases, or the like, such as
a stack or chimney.
P. HEARING BOARD. "Hearing Board," means the Hearing Board of the
Air Pollution Control District of Amador County,
Q. INCINERATOR. "Incinerator," means any furnace or other closed
fire chamber used to dispose of combustible refuse by burning,
from which the products of combustion are directed through a
flue or chimney.
R. INSTALLATION. The placement, assemblage, or construction of
equipment or control apparatus at the premises where the equip-
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ment or control apparatus will be used, and includes all pre-
paratory work at such premises.
S. INSTITUTIONAL FACILITY. "Institutional Facility," means any
hospital, boarding homes, school, corporation yard, or like
facility.
T. MULTIPLE-CHAMBER INCINERATOR. "Multiple-Chamber Incinerator,"
is any article, machine, equipment, contrivance, structure or
any part of a structure used to dispose of combustible refuse
by burning, consisting of three or more refractory walls, inter-
connected by gas passage ports or ducts, and employing adequate
design parameters necessary for maximum combustion of the mater-
ial to be burned. The refractories shall have a Pyrometric
Cone equivalent of at least 17, tested according to the method
described in the American Society for Testing Materials, Method
C-24.
U. OPEN OUTDOOR FIRE. "Open Outdoor Fire," as used in these Regu-
lations means combustion of any combustible refuse or other
material of any type outdoors in the open air not in any
enclosure where the products of combustion are not directed
through a flue.
V. OPERATION. Any physical action resulting in a change in the loca-
tion, form or physical properties of a material, or any chemical
action resulting in a change in the chemical composition or the
chemical properties of a material.
W. ORCHARD OR CITRUS GROVE HEATER. "Orchard or Citrus Grove Heater,"
as used in these Regulations, means any article, machine, equip-
ment or other contrivance, burning any type of fuel or material
capable of emitting air contaminants, used or capable of being
used for the purpose of giving protection from frost damage.
X. OWNER. Includes but is not limited to any person who leases,
supervises, or operates equipment, in addition to the normal
meaning of ownership.
Y. PARTICULATE MATTER. "Particulate Matter," is any material,
except uncombined water, which exists in a finely divided form
as a liquid or solid at standard conditions.
Z. PERSON. "Person," means any person, firm, association, organi-
zation, partnership, business trust, corporation, company,
contractor, supplier, installer, user or owner, or any state
or local governmental agency or public district or any officer
or employee thereof.
AA. PPM. Parts per million by volume.
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BB. PROCESS WEIGHT RATE. Process Weight is the total weight of all
materials introduced into any specific process which process
may cause any discharge into the atmosphere. Solid fuels
charged will be considered as part of the process weight, but
liquid and gaseous fuels and combustion air will not. The Pro-
cess Weight Rate will be derived by dividing the total process
weight by the number of hours in one complete operation from
the beginning of any given process to the completion thereof,
excluding any time during which the equipment is idle.
CC. REGULATION. "Regulation," means one of the major subdivisions
of the Amador County Air Pollution Control Rules and Regula-
tions.
DD. RESIDENTIAL RUBBISH. "Residential Rubbish," means refuse origi-
nating from residential uses and includes wood, paper, cloth,
cardboard, tree trimmings, leaves, lawn clippings, and dry
plants.
EE. RULE. "Rule," means a rule of the Air Pollution Control District
- of Amador County.
FF. SOURCE OPERATION. The last operation proceeding the emission of
an air contaminant, which operation (a) results in the separa-
tion of the air contaminant from the process materials or in
the conversion of the process materials into air contaminants,
as in the case of combustion of fuels; and (b) is not an air
pollution abatement operation.
GG. STANDARD CONDITIONS. "Standard Conditions," as used in these
Regulations, are a gas temperature of 60 degrees Fahrenheit and
a gas pressure of 14.7 pounds per square inch absolute. Results
of all analyses and tests shall be calculated and reported at
this gas temperature and pressure.
HH. STANDARD CUBIC FOOT OF GAS. The amount of gas that would occupy
a volume of one (1) cubic foot, if free of water vapor, at
standard conditions.
II. SECTION. "Section," means section of the Health and Safety Code
of the State of California unless some other statute is speci-
fically mentioned.
(14.0) Rule 3. CONFIDENTIAL INFORMATION.
All investigations conducted, and information obtained by the Control
Officer, except date or information on amount of emission and percentage
control, shall be confidential, and shall not be disclosed without prior
written consent of the person or persons owning or operating the property
affected.
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A.- Nothing contained in this rule shall limit the Control Officer's
use of any material, investigative data, or information in any
proceedings before the Hearing Board, the Control Board or any
Court of competent jurisdiction.
B. The unauthorized disclosure of such confidential information
shall constitute a misdemeanor.
(15.0) Rule 4. ENFORCEMENT.
These rules and regulations shall be 'enforced by the Control Officer
under authority of Section 24224 (b),1 Article 2 and Sections 24260,
24262, Article 4; and all officers empowered by Section 24221, Article 2
of the Health and Safety Code of the State of California.
(15.0) Rule 5. VALIDITY.
If any regulation, rule, subdivision, sentence, clause, or phrase of
these Rules and Regulations is for any reason held to be unconstitu-
tional or invalid, such decision shall not affect the validity of the
remaining portions of these Rules and Regulations. The County of Amador
declares that it would have adopted these Rules and Regulations and every
regulation, rule, subdivision, sentence, clause, and phrase thereof irre-
spective of the fact that any one or more regulations, rules, subdivisions,
sentences, clauses or phrases be declared unconstitutional or invalid.
Regulation II
Registration
(3.0) Rule 1.
Subject to the exemptions specified in Paragraph 4, Regulation II, each
facility which operates any article, machine, equipment, or other con-
trivance which, in its operation, emits or may emit, reduce, or control
air contaminants as herein defined, shall be registered with the Control
Officer. The person responsible for the operation of such facility
shall register or cause same to be registered within ninety (90) days
after the adoption of these Rules and Regulations or within thirty (30)
days after such facility first becomes subject to registration, which-
ever is later. The person responsible for such registration shall main-
tain the same in a current status by notifying the Control Officer in
writing of any significant change in any item of information furnished
in compliance with this section.
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(3.0) Rule 2.
A person registering a facility as required by Paragraph 1, Regulation
II, shall include in such registration the following:
A. The business name of the facility.
B. The location of the facility.
C. The name and address of the responsible managing officer.
D. A general description of the facility.
E. The nature of the business.
F. The number and description of the contaminant collecting or
controlling items involved.
6. Any other pertinent information required by the Air Pollution
Control Officer relating to the emission of air pollutants.
(3.0) Rule 3.
Every person who is subject to these rules and regulations may be served
with notices, including notices of hearing before the Hearing Board, by
Certified Mail, addressed to the address contained in the registration
file with the Control Officer.
(2.0) Rule 4. EXEMPTIONS.
There are hereby exempted from the registration requirements:
A. Vehicles as defined by the Vehicle Code of the State of Cali-
fornia, and aircraft.
B. Internal combustion engines.
C. Combustion equipment utilized exclusively in connection with
any structure, which structure is designed for and used
exclusively as a dwelling for not more than four families.
D. Comfort air conditioning or comfort ventilating system which
is not designed to remove air contaminants generated or
released from specific units or equipment.
E. Equipment used exclusively for enclosed space heating, other
than boilers.
F. Equipment used for the purpose of preparing food, in restau-
rants, bakeries, and confectioneries.
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6. Steam generators, steam super heaters, water heaters, and
closed heat transfer systems that are fired exclusively with
one of the following:
1. Natural gas.
2. Liquified petroleum gas.
3. A combination of natural gas and liquified petroleum gas.
H. All agricultural equipment, other than orchard heaters emitting
more than one (1) gram per minute of unconsumed solid carbon-
aceous matter.
I. Mobile construction equipment, other than pavement burners used
in grading, leveling, paving or other similar operations.
J. Storage of gasoline except as covered by State law.
The exemptions as set forth above dp not supersede the provisions here-
inafter provided in Regulation V.
Regulation III
Permits
(2.0) Rule 1. AUTHORITY TO CONSTRUCT.
Any person building, erecting, altering or replacing any article, machine,
equipment or other contrivance, the use of which may cause issuance of
air contaminants or the use of which may eliminate or reduce or control
the issuance of air contaminants, shall first obtain authorization for
construction from the Air Pollution Control Officer. An authority for
construction shall remain in effect until the permit to operate the
equipment for which the application was filed is granted or denied or
the application is canceled.
(3.0) Rule 2. PERMIT TO OPERATE.
Before any article, machine, equipment or other contrivance described in
Paragraph 1, Regulation III, may be operated or used, a written permit
shall be obtained from the Air Pollution Control Officer. No permit to
operate or use shall be granted either by the Air Pollution Control
Officer or the Hearing Board for any article, machine, equipment or
contrivance described in Paragraph 1, Regulation III, constructed or
installed without authorization as required by Paragraph 1, Regulation
III, until the information required is presented to the Air Pollution
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Control Officer and such article, machine, equipment or contrivance is
altered, if necessary, and made to conform to the standards set forth
herein.
(3.0) Rule 3. POSTING OF PERMIT TO OPERATE.
A person who has been granted a permit hereunder to operate any article,
machine, equipment, or other contrivance described in Paragraph 1, Regu-
lation III, shall firmly affix such permit to operate, an approved
facsimile, or other approved identification bearing the permit number
upon the article, machine, equipment, or other contrivance in such a
manner as to be clearly visible and accessible. In the event that the
article, machine, equipment, or other contrivance is so constructed that
the permit to operate cannot be so placed, the permit to operate shall
be mounted so as to be clearly visible in an accessible place within 25
feet of the article, machine, equipment or other contrivance, or main-
tained readily available at all times on the operating premises,
(2.0) Rule 4.
A person shall not wilfully deface, alter, forge, counterfeit, or falsify
a permit to operate any article, machine, equipment or other contrivance.
(2.0) Rule 5. EXEMPTIONS.
An authority to construct or a permit to operate shall not be required
for:
A. Vehicles as defined by the Vehicle Code of the State of Cali-
fornia but not including any article, machine, equipment, or
other contrivance mounted on such vehicle that would otherwise
require a permit under the provisions of these rules and regu-
lations.
B. Vehicles used to transport passengers or freight.
C. Equipment utilized exclusively in connection with any structure,
which structure is designed for and used exclusively as a
dwelling for not more than four families.
D. The following equipment:
1. Comfort air conditioning or comfort ventilating systems,
which are not designed to remove air contaminants generated
by or released from specific units or equipment.
2. Refrigeration units except those used as, or in conjunction
with, air pollution control equipment.
3. Piston type internal combustion engines.
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4. Water cooling towers and water cooling ponds not used for
evaporative cooling of water from barometric jets or from
barometric condensers.
5. Equipment used exclusively for steam cleaning,
6. Presses used exclusively for extruding metals, minerals,
plastics, or wood.
7. Equipment used exclusively for space heating, other than
boilers.
8. Equipment used for hydraulic or hydrostatic testing,
9. Equipment used in eating establishments for the purpose of
preparing food for human consumption.
10. Equipment used exclusively to compress or hold dry natural
gas.
E. The following equipment or any exhaust system or collector
serving exclusively such equipment:
1. Laboratory equipment used exclusively for chemical or
physical analyses.and.bench scale laboratory equipment, .. _._
2. Brazing, soldering, or welding equipment.
F. Steam generators, steam superheaters, water boilers, water
heaters, and closed heat transfer systems of less than 250,000,000
British Thermal Units per hour (gross), and capacity are fired
exclusively with one of the following:
1. Natural gas.
2. Liquified petroleum gas.
3. A combination of natural gas and liquified petroleum gas.
G. Natural draft hoods, natural draft stacks, or natural draft
ventilators, , ,.
H. Other sources of minor significance which may be specified by
the Air Pollution Control Officer,
I. Self-propelled mobile construction equipment other than pave-
ment burners.
J. Agricultural implements used in agricultural operations,
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K. Vacuum cleaning systems used exclusively for industrial, commer-
cial, or residential housekeeping purposes.
L. Repairs or maintenance not involving structural changes to any
equipment for which a permit has been granted.
M. Identical replacements in whole or in part of any equipment where
a permit to operate has previously been granted for such equipment.
(2.0) Rule6. TRANSFER.
A permit shall not be transferable, whether by operation of law, or other-
wise, either from one location to another, from one piece of equipment to
another, or from one person to another.
(3.0) Rule 7. APPLICATIONS.
(
Every application for a permit required under Paragraph 1 and 2, Regulation
III shall be filed in the manner and form prescribed by the Air Pollution
Control Officer, and shall give all the information necessary to enable
the Air Pollution Control Officer to make the determination required by
Paragraph 11, Regulation III hereof.
(2.0) Rule 8. CANCELLATION.
An authority to construct shall be canceled two years from the date of
filing of the application.
(3.0) Rule 9. ACTION ON APPLICATION.
The Air Pollution Control Officer shall act, within a reasonable time,
on a permit application and shall notify the applicant in writing of his
approval, conditional approval, or denial.
(9.0) Rule 10. PROVISIONS OF SAMPLING AND TESTING FACILITIES.
A person operating or using any equipment for which these rules require a
permit shall provide and maintain such sampling and testing facilities
as specified in the permit.
(3.0) Rule 11. STANDARDS FOR GRANTING APPLICATIONS.
A. The Air Pollution Control Officer shall deny a permit except as
provided in Paragraph 12, Regulation III, if the applicant does
not show that the use of any equipment, which may cause the
issuance of air contaminants, or the use of which may eliminate
or reduce or control the issuance of air contaminants, is so
designed, controlled, or equipped with such air pollution control
equipment, that it may be expected to operate without emitting
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or without causing to be emitted air contaminants in viola-
tions of Section 24242 or 24243, of the Health and Safety
Code, or of these rules and regulations.
B. Before a permit is granted, the Air Pollution Control Officer
may require the applicant to provide and maintain such facili-
ties as are necessary for sampling and testing purposes in order
to secure information that will disclose the nature, extent,
quantity or degree of air contaminants discharged into the
atmosphere from the equipment described in the permit. . In the
event of such a 'requirement, the Air Pollution Control Officer
shall notify the applicant in writing of the required size,
number and location of the sampling holes; the size and location
of the sampling platform; the access to the sampling platform;
and the utilities for operating the sampling and testing equip-
ment. The platform and access shall be constructed in accordance
with the general industry safety orders of the State of Cali-
fornia.
C. In acting upon a permit to operate, if the Air Pollution Control
Officer finds that the equipment has been constructed not in
accordance with the authority to construct, he shall deny the
permit to operate. The Air Pollution Control Officer shall not
accept any further application for permit to operate the equip-
ment so constructed until he finds that the equipment has been
constructed in accordance with the authority to construct.
(2.0) Rule 12. CONDITIONAL APPROVAL. .
The Air Pollution Control Officer may issue an authority to construct or
permit to operate subject to conditions which will bring the operation
of any equipment within the standards of Paragraph 11, Regulation III,
in which case the conditions shall be specified in writing. Commencing
work under such an authority to construct or operation under such a
permit to operate shall be deemed acceptance of all the conditions so
specified. The Air Pollution Control Officer shall issue an authority
to construct or a permit to operate with revised conditions upon receipt
of a new application, if the applicant demonstrates that the equipment
can operate within the standards of Paragraph 11, Regulation III, under
the revised conditions.
(3.0) Rule 13. DENIAL OF APPLICATIONS.
In the event of denial of a permit, the'Air Pollution Control Officer
shall notify the applicant in writing of the reasons therefore. Service
of this notification may be made in person or by mail, and such service
may be proved by the written acknowledgement of the persons served or
affidavit of the person making the service. The Air Pollution Control
Officer shall not accept a further application unless the applicant has
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complied with the objections specified by the Air Pollution Control
Officer as his reasons for denial of the permit.
(2.0) Rule 14. FURTHER INFORMATION.
Before acting on an application for a permit, the Air Pollution Control
Officer may require the applicant to furnish information or further
plans or specifications.
(3.0) Rule 15. APPLICATIONS DEEMED DENIED.
The applicant may at his option deem the permit denied if the Air Pollu^
tion Control Officer fails to act on the application within 30 days
after filing, or within 30 days after applicant furnishes the further
information, plans and specifications requested by the Air Pollution
Control Officer, whichever is later.
(2.0) Rule 16. APPEALS.
Within 10 days after notice by the Air Pollution Control Officer of
denial of a permit, the applicant may petition the Hearing Board, in
writing, for a public hearing. The Hearing Board, after notice and a
public hearing held within 30 days after filing the petition, may sustain
or reverse the action of the Air Pollution Control Officers such orders
may be made subject to specified conditions.
Regulation IV
Fees
(2.0) Rule 1.
Every applicant or petitioner for a variance or for the extension, revo-
cation, or modification of a variance, excepting any state or local
government agency or public district shall pay to the clerk of the Hearing
Board, upon filing a fee, in an amount to be determined by the Board of
Supervisors of the County of Amador by .Resolution. Said fee to be based
upon and determined by the cost of administration of these Rules and
Regulations, or the administration required under Article 5, Chapter 2,
Division 20 of the Health and Safety Code of the State of California,
No part of the fee shall be refundable.
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Regulation V
Prohibitions
(2.0) Rule 1. PROHIBITIONS UNDER STATE LAM.
The provisions of the Health and Safety Code of the State of California,
entitled Prohibitions, are applicable within the boundaries of the Amador
County Air Pollution Control District,
(9.0) Rule 2. ANALYSES REQUIRED.
The Control Officer may at any time require from any person subject to
regulations of the Board, such information or analyses as will disclose
the nature, extent, quantity or degree of air contaminants which are or
may be discharged by such source, and may require that such disclosures
be certified by a professional engineer registered in the State, Such
studies shall be at the expense of the person causing the emission or
planning such emission.
(50.1.2)Rule 3. RINGLEMANN CHART.
A person shall not discharge into the atmosphere from any single source
of emission whatsoever, any air contaminant for a period or periods
aggregating more than three (3) minutes in any one (1) hour which is:
A. As dark or darker in shade as that designated as No, 1 on the
Ringelmann Chart, as published by the United States Bureau of
Mines, or
B. Of such opacity as to obscure an observer's view to a degree
equal to or greater than does smoke described in subsection
.A of .this Rule.
(2.0) Rule 4. EXCEPTIONS.
The provisions of Paragraph 3, Regulation V, do not apply to:
A. Smoke from fires set by or permitted by any public officer, if
such fire is set or permission given in the performance of the
official duty of such officer, and such fire in the opinion of
such officer is necessary,
1. For the purposes of the prevention of a fire which cannot
be abated by any other means, or
2. The instruction of public employees in the methods of fight*
ing fire.
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B. Smoke from fires set pursuant to permit on property used for
industrial purposes for the purpose of instruction of employees
in methods of fighting fire.
C. Smoke from open burning for which a permit has been issued under
the provisions of Paragraph 8, Regulation V.
D. . Agricultural operations in'the growing of crops or raising of
fowl or animals.
E. The use of an orchard or citrus grove heater which does not pro-
duce unconsumed solid carbonaceous matter at a rate in excess
of one (1) gram per minute.
F. Emission which results from equipment breakdown. The person
responsible for such equipment shall, with all practicable speed,
initiate and complete appropriate action to correct the condi-
tion causing such emissions and reduce the frequency of occur-
rence of such conditions.
Such person shall report such breakdown to the Control Officer
within 24 hours of such occurrence.
6. The use of other equipment in agricultural operations in the
growing of crops, or the raising of fowl or animals.
(50.7) Rule 5. NUISANCE.
A person shall not discharge from any source whatsoever such quantities
of air contaminants or other material which cause injury, detriment,
nuisance or annoyance to any considerable number of persons or to the
public or which endanger the comfort, repose, health or safety of any
such persons or the public or which cause or have a natural tendency to
cause injury or damage to business or property.
(2.0) Rule 6. ADDITIONAL EXCEPTION.
The provisions of Paragraph 5, Regulation V, do not apply to odors
emanating from agricultural operations in the growing of crops or raising
of fowl or animals.
(50.1.2)Rule 7. WET PLUMES.
Where the presence of uncombined water is the only reason for the failure
of an emission to meet the limitation of Paragraph 3, Regulation V, that
rule shall not apply. The burden of proof which establishes the applica-
tion of this Rule shall be upon the person seeking to come within its
provisions.
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(51.13) Rule 8, OPEN BURNING,
No person shall burn any refuse or pther material in an open outdoor fire
within the boundaries of .the Amador County Air Pollution District except*
A. When such fire is set or permission for such fire is given in
the performance of the official duty of any public officer, and
such fire in the opinion of such officer is necessary:
1. For the purpose of the prevention of a fire which cannot be
abated by any other means, or
2. For the instruction of public employees in methods of fire
fighting.
" 3. Set pursuant to permit on property used for industrial pur*
poses for the purpose of instruction of employees in
methods of fighting fire.
B. Conducting agricultural operations in the growing of crops, or
raising of fowl or animals, on a farm, except as provided by
Paragraphs 12 A and B, Regulation V, for the primary purpose
of making a profit or for a livelihood; forest management; or
range improvement.
C. Fires used only for cooking of food for human beings,
D. The material to be burned is residential rubbish and originates
on and is being burned on premises of single or two family
dwellings.
E. Burning for right-of-way clearing by a.public entity or utility
or for levee and ditch maintenance. Burning at solid waste
dumps with approval from the Air Resources Board, All burning
under section E shall be under permit from the Control District
F. Backfires or other fire control methods used for the purpose of
controlling an existing wild fire.
G. Exception A, B, and E, of Paragraph 8, Regulation V, shall not
be effective when the Air Pollution Control Officer determines
through the Air Resources Board a no-=-burn day exists.
H. These exceptions shall not apply to any industrial, commercial
or institutional facility wherever located, or to a residential
facility constructed for the use of more than two families.
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(51.9) Rule 9. INCINERATOR BURNING.
Except for refuse originating in one and two family residences, a person
shall not burn any combustible waste in any incinerator within the
boundaries of the Amador County Air Pollution Control District except
in a multiple-chamber incinerator as described in Paragraph 2 T, Regula-
tion I, or in equipment found by the Air Pollution Control Officer to be
equally effective for the purpose of air pollution control,
(50.1) Rule 10. PARTI CULATE MATTER.
Except as otherwise provided for in Health and Safety Code Section 24245
and Paragraph 4 and 8, Regulation V, a person shall not release or dis*
charge into the atmosphere from any source or single processing unit
whatsoever, dust, fumes or particulate matter emissions in excess of 0,1
grain per cubic foot of gas at standard conditions.
(50.0) Rule 11. SPECIFIC CONTAMINANTS.
A person shall not discharge into the atmosphere from any single source
of emission whatsoever, any one or more of the contaminants, in any
state or combination thereof, exceeding in concentration at the point
of discharge:
A. Sulphur compounds calculated as sulphur dioxide (^J 2000 ppm,
B. Combustion contaminants: 0.1 grain per cubic foot of gas calcu^
lated to 12 percent of carbon dioxide (0)2) at standard condi>.
tions. In measuring the combustion contaminants from incinera*-
tors used to dispose of combustible refuse by burning, the
carbon dioxide (C02) produced by combustion of any liquid or
gaseous fuels shall be excluded from the calculation to 12
percent of carbon dioxide (002).
(51.1) Rule 12. PROHIBITIONS REGARDING ORCHARD HEATERS.
A. No person shall operate or use any orchard heater not approved
by Air Resources Board after January 1, 1975.
B. The sale of orchard heaters not approved by the Air Resources
Board is prohibited. (A list of approved heaters will be main*
tained by the Air Pollution Control Officer.)
(50.1.1)Rule 13. PROCESS WEIGHT RATE.
A person shall not discharge into the atmosphere from any source, solid
particulate matter in excess of the rate shown in the table in Rule 14,
Regulation V.
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For the purposes of this rule, splid parti oil ate matter includes any
material which would become solid particulate matter if cooled to stand-
ard conditions.
This rule shall become effective on January 1, 1974 for all sources
which are either in operation, or under construction under a valid
authority to construct on May 17, 1972. This rule shall be effective
for all other sources on May 17, 1972,
(50.1.1)Rule 14. PROCESS WEIGHT TABLE.
MAXIMUM ALLOWABLE EMISSION RATE BASED
ON PROCESS WEIGHT RATE
Process Weight Maximum Allowable
Rate Emission Rate
Lbs./Hr. Tons/Hr. Lbs./Hr.
50
100
500
1,000
5,000
10,000
20,000
60,000
80,000
120,000
160,000
200,000
400,000
1,000,000
.025
.050
.250
.500
2.500
5,000
10,000
30.000 ,
40.000 ,,
60,000
80.000
100.000
200.000
500.000
0.03
0.55
1,53
2.25
6.34
9,73
14,99
29.60
,.,,, 31,19
33,28
34.85
36,11
40.35
46.72
Interpolation of the data for the process weight rates up to 60,000 Ibs./
hr. shall be accomplished by the use of the equation:
E = 3.59 P0-62 P_ 30 tons/hr.
and interpolation and extrapolation of the data for process weight rates
in excess of 60,000 Ibs./hr. shall be accomplished by use of the equation:
E = 17.31 P0-16 P 30 tons/hr.
Where: E = Emissions in pounds per hour.
P - Process weight rate in tons per hour.
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(51.16) Rule 15. STORAGE OF PETROLEUM PRODUCTS,
A person shall not place, store or hold in any stationary tank, reservoir
or other container of more than 40,000 gallons capacity any gasoline or
any petroleum distillate having a vapor pressure of 1.5 pounds per square
inch absolute or greater under actual storage conditions, unless such
tank, reservoir or other container is a pressure tank maintaining working
pressures sufficient at all times to prevent hydrocarbon vapor or gas
loss to the atmosphere, or is designed and equipped with one of the fol-
lowing vapor loss control devices, properly installed, in good working
order and in operation:
A. A floating roof, consisting of a pontoon type or double-deck
type roof, resting on the surface of the liquid contents and
equipped with a closure seal, or seals, to close the space
between the roof edge and tank wall. The control equipment
provided for in this paragraph shall not be used if the gaso-
line or petroleum distillate has a vapor pressure of 11.0
pounds per square inch absolute or greater under actual storage
conditions. All tank gauging and sampling devices shall be
gas-tight except when gauging or sampling is taking place.
B. A vapor recovery system, consisting of a vapor gathering system
capable of collecting the hydrocarbon vapors and gases discharged
and a vapor disposal system capable of processing such hydro-
carbon vapors and gases so as to prevent their emission to the
atmosphere and with all tank gauging and sampling devices gas-
tight except when gauging or sampling is taking place.
C. Other equipment of equal efficiency, provided such equipment is
submitted to and approved by the Air Pollution Control Officer.
This rule shall become effective on January 1, 1974, for all sources which
are either in operation, or under construction under a valid authority
to construct on May 17, 1972. This rule shall be effective for all other
sources on May 17, 1972.
(51.16) Rule 16. GASOLINE STORAGE.
The following provisions of the State of California Health and Safety
Code, and any future amendments thereto, are made a part of these rules
and regulations by reference: Section 39068.2, Chapter 3, Part 1, Divi-
sion 26, et. seq.
(51.16) Rule 17. ORGANIC LIQUID LOADING.
A person shall not load organic liquids having a vapor pressure of 1.5
pounds per square inch absolute or greater under actual loading condi-
tions into any tank truck, trailer, or railroad tank car from any loading
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facility unless the loading facility is equipped with a vapor collection
and disposal system or its equivalent approved by the Air Pollution
Control Officer.
Loading shall be accomplished in such a manner that all displaced vapor
and air will be vented only to the vapor collection system. Measures
shall be taken to prevent liquid drainage from the loading device when
it is not in use or to accomplish complete drainage before the loading
device is disconnected.
The vapor disposal portion of the vapor collection and disposal system
shall consist of one of the following:
A. An adsorber system or condensation system which processes all
vapors and recovers at least 90 percent by weight of the organic
vapors and gases from the equipment being controlled.
B. A vapor handling system which directs all vapors to a fuel gas
system.
C. Other equipment of an efficiency equal to or greater than A or
B if approved by the Air Pollution Control Officer.
This rule shall apply only to the loading of organic liquids at a facility
from which at least 20,000 gallons of such organic liquids are loaded in _
any one day.
"Loading facility", for the purpose of this Rule, shall mean any aggre-
gation or combination of organic liquid loading equipment which is both
(1) possessed by one person, and (2) located so that all the organic
.liquid loading outlets for such aggregation or combination of loading
equipment can be encompassed within any circle of 300 feet in diameter.
^
This rule shall become effective on January 1, 1974, for all sources which
are either in operation, or under construction under a valid authority to
construct on May 17, 1972. This rule shall be effective for all other
sources on May 17, 1972.
(50.4) Rule 18. ORGANIC SOLVENTS.
A. A person shall not discharge into the atmosphere more than 15
pounds of organic materials in any one day, nor more than 3
pounds in any one hour, from any article, machine, equipment or
other contrivance, in which any organic solvent or any material
containing organic solvent comes into contact with flame or is
baked, heatcured or heat-polymerized, in the presence of oxygen,
unless said discharge has been reduced by at least 85 percent.
Those portions of any series of articles, machines, equipment
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or other contrivances designed for processing a continuous
web, strip or wire which emit organic materials and using
operations described in this section shall be collectively
subject to compliance with this section.
B. A person shall not discharge into the atmosphere more than 40
pounds of organic materials in any one day, nor more than 8
pounds in any one hour, from any article, machine, equipment
or other contrivance used under conditions other than described
in section A, for employing or applying any photochemically
reactive solvent, as defined in section J, or material contain-
ing such photochemically reactive solvent, unless said discharge
has been reduced by at least 85 percent. Emissions of organic
materials into the atmosphere resulting from air or heated
drying of products for the first 12 hours after their removal
from any article, machine, equipment or other contrivance des-
cribed in this section shall be included in determining com-
pliance with this section. Emissions resulting from baking,
heatcuring, or heat-polymerizing as described in section A
shall be excluded from determination of compliance with this
section. Those portions of any series Of articles, machines,
equipment or other contrivances designed for processing a con-
tinuous web, strip or wire which emit organic materials and
using operations described in this section shall be collectively
subject to compliance with this section.
C. A person shall not, discharge into the atmosphere more than
3,000 pounds of organic materials in any one day, nor more than
450 pounds in any one hour, from any article, machine, equip-
ment or other contrivance in which any non-photochemically
reactive organic solvent or any material containing such solvent
is employed or applied, unless said discharge has been reduced
by at least 85 percent. Emissions of organic materials into the
atmosphere resulting from air or heated drying of products for
the first 12 hours after their removal from any article, machine,
equipment or other contrivance described in this section shall
be included in determining compliance with this section. Emis-
sions resulting from baking, heat-curing, or heat-polymerizing
as described in section A shall be excluded from determination
of compliance with this section. Those portions of any series
of articles, machines, equipment or other contrivances designed
for processing a continuous web, strip or wire which emit
organic materials and using operations described in this section
shall be collectively subject to compliance with this section,
D. Emissions of organic materials to the atmosphere from the
cleanup with photochemically reactive solvent, as defined in
section J, of any article, machine, equipment or other contri-
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vance described in sections A, B or C, shall be included with
the other emissions of organic materials from that article,
machine, equipment or other contrivance for determining com-
pliance with this rule.
E. Emissions of organic materials into the atmosphere required to
be controlled by sections A, B or C, shall be reduced by:
1. Incineration, provided that 90 percent or more of the carbon
in the organic material being incinerated in oxidized to
carbon dioxide, or
2. Adsorption, or
3. Processing in a manner determined by the Air Pollution Con-
trol Officer to be not less effective than 1 or 2 above.
F. A person incinerating, adsorbing, or otherwise processing organic
materials pursuant to this Rule shall provide, properly install
and maintain in calibration, in good working order and in opera-
tion, devices as specified in the authority to construct or the
permit to operate, or as specified by the Air Pollution Control
Officer, for indicating temperatures, pressures, rates of flow
or other operating conditions necessary to determine the degree
and effectiveness of air pollution control.
G. Any person using organic solvents or any materials containing
organic solvents shall supply the Air Pollution Control Officer,
upon request and in the manner and form prescribed by him,
written evidence of the chemical composition, physical proper-
ties and amount consumed for each organic solvent used,
H. The provisions of this Rule shall not apply to:
1. The manufacture of organic solvents, or the transport or
storage of organic solvents or materials containing organic
solvents.
2. The use of equipment for which requirements are specified
by Rule 15, 16 or 17, of Regulation V, which are exempt from
air pollution control requirements by said Rules.
3. The spraying or other employment of insecticides, pesti-
cides or herbicides.
4. The employment, application, evaporation or drying of satu-
rated halogenated hydrocarbons or perchloroethylene.
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5. The use of any material, in any article, machine, equipment
or other contrivance described in sections A, B, C, or D if:
(a) The volatile content of such material consists only of
water and organic solvents, and
(b) The organic solvents comprise not more than 20 percent
of said volatile content, and
(c) The volatile content is not photochemically reactive as
defined in section J.
I. For the purposes of this Rule, organic solvents include diluents
and thinners and are defined as organic materials which are
liquids at standard conditions and which are used as dissolvers,
viscosity reducers or cleaning agents, except that such materials
which exhibit a boiling point higher than 220° F, at Q.5 millU
meter mercury absolute pressure or having an equivalent vapor
pressure shall not be considered to be solvents unless exposed
to temperatures exceeding 220° F.
J. For the purposes of this Rule, a photochemically reactive solvent
with an aggregate of more than 20 percent of its total volume
composed of the chemical compounds classified below or which
-.exceeds any of the following individual percentage composition
limitations, referred to the total volume of solvent:
1. A combination of hydrocarbons, alcohols, aldehydes, esters,
ethers or ketones having an olefinic or cyclo-olefinic type
of unsaturation: 5 percent;
2. . A combination of aromatic compounds with eight or more carbon
atoms to the molecule except ethyl benzene: 8 percent; and
3. A combination of ethyl benzene, ketones having branched,
hydrocarbon structures, trichloroethylene or toluene: 30
percent.
Whenever any organic solvent or any constituent of an organic solvent may
be classified from its chemical structure into more than one of the above
groups of organic compounds, it shall be considered as a member of the
most reactive chemical group, that is, that group having the least allow-
able percent of the total volume of solvents.
For the purposes of this rule, organic materials are defined as chemical
compounds of carbon excluding carbon monoxide, carbon dioxide, carbonic
acid, metallic carbides, metallic carbonates and ammonium carbonate.
This rule shall become effective on January 1, 1974 for all sources which
are either in operation, or under construction under a valid authority
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to construct on May 17, 1972. This rule shall be effective for all other
sources on May 17, 1972,
Rule 18.1. ARCHITECTURAL COATINGS.
A. A person shall not sell or offer for sale for use in Amador
County, in containers of one quart capacity or larger, any
architectural coating containing photochemically reactive
solvent, as defined in Rule 18 J.
B. A person shall not employ, apply, evaporate or dry in Amador
County any architectural coating, purchased in containers of
one quart capacity or larger, containing photochemical^
reactive solvent, as defined in Rule 18 J.
C. A person shall not thin or dilute any architectural coating with
a photochemically reactive solvent, as defined in Rule 18 J.
D. For the purpose of this rule, an architectural coating is defined
as a coating used for residential or commercial buildings and
their appurtenances; or industrial buildings.
This rule shall become effective on January 1, 1974, for all sources which
are either in operation, or under construction under a valid authority to
construct on May 17, 1972. This rule shall be effective for all other
sources on May 17, 1972.
Rule 18.2. DISPOSAL AND EVAPORATION OF SOLVENTS.
A person shall not during any one day dispose of a total of more than
1-1/2 gallons of any photochemically reactive solvent, as defined in Rule
18 J, or of any material containing more than 1-1/2 gallons of any such
photochemically reactive solvent by any means which will permit the
evaporation of such solvent into the atmosphere.
This rule shall become effective on January 1, 1974, for all sources which
are either in operation, or under construction under a valid authority to
construct on May 17, 1972. This rule shall be effective for all other
sources on May 17, 1972.
(51.5) Rule 19. FUEL BURNING EQUIPMENT.
(51.6)
(51.7) A person shall not build, erect, install or expand any nonmobile fuel
burning equipment unit unless the discharge into the atmosphere of con-
taminants will not and does not exceed any one or more of the following
rates:
A. 200 pounds per hour of sulphur compounds, calculated as sulphur
dioxide (S02);
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B. 140 pounds per hour Of nitrogen oxides, calculated as nitrogen
dioxide (N02);
C. 10 pounds per hour of combustion contaminants as defined in
Rule 2 H, Regulation 1, and derived from the fuel.
For the purpose of this Rule, "Fuel Burning Equipment" means any furnace,
boiler, apparatus, stack, and all appurtenances thereto, used in the pro-
cess of burning fuel for the primary purpose of producing heat or power
by indirect heat transfer. A fuel burning unit shall be comprised of the
minimum number of fuel burning equipment, the simultaneous operations of
which are required for the production of useful heat or power.
Fuel burning equipment serving primarily as air pollution control equip-
ment by using a combustion process to destroy air contaminants shall be
exempt from the provisions of this Rule.
Nothing in this Rule shall be construed as preventing the maintenance or
preventing the alteration or modification of an existing fuel burning
equipment unit which will reduce its mass rate of air contaminant emis-
sions.
(51.21) Rule 20. REDUCTION OF ANIMAL MATTER.
A person shall not operate or use any article, machine, equipment or other
contrivance for the reduction of animal matter, unless all gases, vapors,
and gas-entrained effluents from such an article, machine, equipment or
other contrivances are:
A. Incinerated at temperatures of not less than 1200 degrees Fahren-
heit for a period of not less than 0.3 second, or
B. Processed in such a manner determined by the Air Pollution Con-
trol Officer to be as effective, or more effective for the
purpose of air pollution control than A above.
A person incinerating or processing gases, vapors or gas-entrained efflu-
ents pursuant to this Rule shall provide, properly install and maintain
in calibration, in good working order and in operation devices, as speci-
fied in the Authority to Construct or Permit to Operate or as specified
by the Air Pollution Control Officer, for indicating temperature, pressure
or other operating conditions.
For the purpose of this Rule, reduction is defined as any heated process,
including rendering, cooking, drying, dehydration, digesting, evaporating
and protein concentrating.
The provisions of this Rule shall not apply to any article, machine, equip-
ment or other contrivance used exclusively for the processing of food for
human consumption.
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This rule shall become effective on January 1, 1974, for all sources
which are either in operation, or under construction under a valid
authority to construct on June 1, 1972. This rule shall be effective
for all other sources on June 1, 1972.
(2.0) Rule 21. CIRCUMVENTION.
A. A person shall not build, erect, install, or use any article,
machine, equipment or other contrivance, the use of which, with-
out resulting in a reduction in the total release of air con-
taminants to the atmosphere, reduces or conceals an emission
which would otherwise constitute a violation of Division 20,
Chapter 2 of the Health and Safety Code of the State of Cali-
fornia or of these Rules and Regulations. This Rule shall not
apply to cases in which the only violation involved is of
Section 24243 of the Health and Safety Code of the State of
California, or of Rule 5 of these Rules and Regulations.
B. If air contaminants from a single source operation are emitted
through two er more emission points, the total emitted quantity
of any air contaminant, limited in these Rules and Regulations
cannot exceed the quantity which would be the allowable emission
through a single emission point; the total emitted quantity of
any such air contaminant shall be taken as the product of the
highest'concentration measured in any of the emission points
and the combined exhaust gas volume through all emission points,
unless the person responsible for the source operation estab-
lishes, to the Air Pollution Control Officer's satisfaction,
the correct total emitted quantity.
C. If air contaminants from two or more source operations are com-
bined prior to emission and there are adequate and reliable
means reasonably susceptible to confirmation and use by the
Control Officer for establishing a separation of the components
of the combined emission to indicate the nature, extent, quantity
and degree of emission arising from each such source operation,
these Rules and Regulations shall apply to each such source
operation separately.
D. If air contaminants from two or more source operations are com-
bined prior to emission, and the combined emissions cannot be
separated according to the requirements of Rule 21 C, these
Rules and Regulations shall be applied to the combined emission
as if it originated in a single source operation subject to the
most stringent limitations and requirements placed by these
Rules and Regulations on any of the source operations whose air
contaminants are so combined.
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For the purpose of this Rule, source operation means the last operation
preceding the emission of an air contaminant, which operation (a) results
in the separation of the air contaminant from the process materials or
in the conversion of the process materials into air contaminants, as in
the case of combustion of fuel; and (b) is not an air pollution abatement
operation.
(12.0) Rule 22. EMISSION CONTROL FOR USED MOTOR. VEHICLES.
Every 1955 through 1962 model year motor vehicle subject to registration
in this District shall be required to be equipped, at the time of transfer
of ownership, with a device certified by the State Air Resources Board for
the control of emissions of pollutants from the crankcase.
Regulation VI
Procedure Before the Hearing Board
(2.0) Rule 1. APPLICABLE ARTICLES OF THE HEALTH & SAFETY CODE.
The provisions of Article 5 and Article 6, Chapter 2, Division 22 of the
Health and Safety Code of the State of California, respectively entitled
Variances and Procedures are applicable within the boundaries of the
Amador County Air Pollution Control District.
(2.0) Rule 2. GENERAL.
This regulation shall apply to all hearings before the Hearing Board of
the Air Pollution Control District.
(2.0) Rule 3. FILING PETITIONS.
Request for a hearing shall be initiated by the filing of a petition in
triplicate with the Clerk of the Hearing Board, and the payment to said
Clerk of a fee established by Resolution of the Board of Supervisors.
No fee shall be required for the filing of a petition by a public agency
or a public officer acting in the scope of his official capacity.
(2.0) Rule 4. CONTENTS OF PETITIONS.
Every petition shall state:
A. The name, address, and telephone number of the petitioner, or
other person authorized to receive service or notice.
B. Whether the petitioner is an individual, co-partnership, corpor-
ation, or other entity, and names and addresses of the persons
in control, if other entity.
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C. The type of business or activity involved in the application
and the street address at which it is conducted,
D. A brief description of the article, machine, equipment or other
contrivance, if any, involved in the application.
E. Whether the petitioner desires a hearing:
1. For a variance under provisions of Section 24292, Health
and Safety Code; or
2. To revoke or modify a variance under provisions of Section
29298, Health and Safety Code.
F. Each petition shall be signed by the petitioner, or some other
person on his behalf, and where the person signing is not the
petitioner, it shall set forth his authority to sign.
G. All petitions shall be typewritten, double spaced, on legal or
letter size paper, on one side of the paper only, leaving a
margin of at least" three (3) inches at the top of the first
page, one (1) inch at the top of subsequent pages, and one (1)
inch at the sides and bottom of each page of the petition.
(5.0) Rule 5. PETITION FOR VARIANCES.
In addition to the matters required by paragraph 4, Regulation VI, peti-
tions for Variance shall state briefly:
A. The section, rule or order complained of;
B. The facts showing why compliance with the section, rule or order
is unreasonable;
C. For what period of time the variance is sought and why;
D. The damage or harm resulting, or which would result, to peti-
tioners from a compliance with such section, rule or order\
E. The requirements which petitioner can meet and the date when
petitioner can comply with such requirements;
F. The advantages and disadvantages to the residents of the District
resulting from granting a variance;
G. Whether or not operations under such variance, if granted, would
constitute a nuisance.
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(2.0) Rule 6. FAILURE TO COMPLY WITH RULES.
The Clerk of the Hearing Board shall not accept for filing any petition
which does not comply with these rules relating to the form, filing and
service of petitions, unless the Chairman or any two members of the
Hearing Board direct otherwise and confirm such direction in writing.
Such direction need not be made at a meeting of the Hearing Board. The
Chairman or any two members, without a meeting, may require the petitioner
to state further facts or reframe a petition so as to disclose clearly the
issues involved.
I
(2.0) Rule 7. ANSWERS.
Any person may file an answer within ten (10) days after service. All
answers shall be served in the same manner as petitions under provisions
of Paragraph 3, Regulation VI.
(2.0) Rule 8. DISMISSAL OF PETITION.
The petitioner may dismiss his petition at any time before submission of
the case to the Hearing Board, without a hearing or meeting of the
Hearing Board. The Clerk of the Hearing Board shall notify all interested
persons of such dismissal.
(16.0) Rule 9. PLACE OF HEARING.
All hearings shall be held at the place designated by the Hearing Board.
(16.0) Rule 10. NOTICE OF HEARING.
The Clerk of the Hearing Board shall mail or deliver a notice of hearing
to the petitioner, the Air Pollution Control Officer, the holder of the
permit or variance involved, if any, and to any person entitled to
notice under the provisions of Sections 24275, 24295, or 24299, of the
Health and Safety Code of the State of California,
(2.0) Rule 11. EVIDENCE.
A. Oral evidence shall be taken only on oath or affirmation,
B. Each party shall have these rights: to call and examine
witnesses; to introduce exhibits; to cross-examine opposing
witnesses on any matter relevant to the issues, even though
that matter was not covered in the direct examination; to
impeach any witness regardless of which party first called
him to testify; and to rebut the evidence against him. If
respondent does not testify in his own behalf, he may be
called and examined, as if under cross-examination.
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C. The hearing need not be conducted according to technical rules
relating to evidence and witnesses. Any relevant evidence
shall be admitted if it is the sort of evidence on which
responsible persons are accustomed to rely in the conduct of
serious affairs regardless of the existence of any common law
or statutory rule which might make improper the admission of
such evidence over objection in civil actions, Hearsay evidence
may be used for the purpose of supplementing or explaining any
direct evidence but shall not be sufficient in itself to support
a finding unless it shall be admissible over objection in civil
actions. The rules of privilege shall be effective to the same
extent that they are now or hereafter may be recognized in
civil actions, and irrelevant and unduly repetitious evidence
shall be excluded.
(13.0) Rule 12. RECORD OF PROCEEDINGS.
A record of all proceedings had before the Hearing Board shall be made.
The record shall be prepared in accordance with one of the following
methods:
A. A written summary of the evidence, testimony and proceedings
had and presented at the hearing shall be made by a person
designated by the Hearing Board for that purpose; or
B. Any interested person, including the District, may at his own
cost provide a certified shorthand reporter, satisfactory to
the Hearing Board, who shall prepare a verbatim transcript of
all the evidence, testimony and proceedings had and presented
at the hearing.
The original and one copy of such transcript, each certified to by the
reporter as to its accuracy, shall be filed with the Hearing Board
within thirty (30) days from the closing date of the hearing, unless
required by the Board prior to that time. No matter shall be deemed
submitted under this regulation until such transcript has been filed
with the Hearing Board unless otherwise ordered by the Hearing Board.
(2.0) Rule 13. PRELIMINARY MATTERS.
Preliminary matters, such as setting a date for hearing, granting continu-
ances, approving petitions for filing, allowing amendments and other
preliminary rulings not determinative of the merits of the case, may be
made by the Chairman or any two members of the Hearing Board without
notice.
(2.0) Rule 14. OFFICIAL NOTICE.
The Hearing Board may take official notice of any matter which may be
judicially noticed by the courts of this State.
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(2.0) Rule 15, CONTINUANCES.
The Chairman or any two members of the Hearing Board shall grant any
continuance of fifteen (15) days or less, concurred in by petitioner,
the Air Pollution Control Officer and by every person who has filed an
answer in the action, and may grant any reasonable continuance; in
either case, such action may be exparte, without a meeting of the Hearing
Board and without prior notice.
(2.0) Rule 16. DECISION.
The decision shall be in writing, served and filed within fifteen (15)
days after submission of the case by the parties thereto, and shall
contain a brief statement of facts found to be true, the determination
of the issues presented, and the order of the Hearing Board, A copy
shall be mailed or delivered to the Air Pollution Control Officer, the
petitioner and to every person who has filed an answer or who has
appeared as a party in person or by 'counsel at the hearing.
(2.0) Rule 17. EFFECTIVE DATE OF DECISION.
The decision shall become effective fifteen (15) days after delivering
or mailing a copy of the decision, as provided in Paragraph 16, Regulation
VI, or the Hearing Board may order that the decision shall become effec-
tive sooner.
Regulation VII
Agricultural Burning
(1.0) Rule 1. DEFINITIONS.
A. Agricultural Burning: Means open outdoor fires used in agricul-
tural operations in the growing of crops or raising of fowl or
animals, forest management, or range improvement, including the
burning of agricultural wastes.
B. Agricultural Wastes: Are defined as unwanted or unsalable
materials produced wholly from agricultural operations other
than forest or range management operations directly related to
the growing of crops or animals for the primary purpose of
making a profit or for a livelihood. This also includes, for
the purpose of cultural practice burns, the burning of fence
rows and ditch banks for weed control and weed maintenance,
burning in nontillage orchard operations and paper trays, but
does not include such items as shop wastes, demolition material,
garbage, oil filters, tires, pesticide containers, broken boxes,
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pallets, and other similar material, or orchard or vineyard
wastes removed for land use conversion to nonagricultural
purposes.
C. No-Burn Day: Means any day on which the Board prohibits agri-
cultural burning.
D. Burn Day: Means any day on which the Board does not prohibit
agricultural burning.
E. Board: Means the Amador County Air Pollution Control Board or
any person authorized to act in its behalf.
F. County Authority: Means the Amador County Air Pollution Control
District.
G. Approved Ignition Devices: Includes those instruments or
materials that will ignite agricultural waste without the pro-
duction of black smoke by the ignition device. This would
include such items as liquid petroleum gas, butane, propane or
diesel oil burners, and flares but does not include the use of
tires, tar paper, oil, and other similar materials.
(51.13) Rule 2. PROHIBITIONS.
A. No person knowingly shall set or permit agricultural burning
unless he has a valid permit from the fire control agency desig-
nated by the Amador County Air Pollution Control Board to issue
such permits in the area where the agricultural burn will take
place.
1. Each fire control agency so designated by the Board shall
issue agricultural burning permits subject to the Rules
and Regulations of the Board and of the Amador County Air
Pollution Control District.
B. Each applicant for a permit shall provide information as required
by the designated fire protection agency for fire protection
purposes.
C. Each applicant for a permit shall provide information as required
by the Amador County Air Pollution Control District.
D. Prior to the burn, notice of intent shall be given by the per~
mittee to the fire control agency having jurisdiction over the
site of the proposed burn.
E. No permit shall be valid for any day during a period in which
agricultural burning is prohibited by the Board.
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F. No permit shall be valid for any day In which burning is pro-
hibited by the designated fire control agency having juris-*-
diction over the site of the burn for the purposes of fire
control prevention.
G. All agricultural wastes to be burned must be free of tires,
rubbish, tar paper, construction debris, used pesticide con~
tainers, and all other nonagricultural wastes,
H. All agricultural wastes to be burned shall be loosely stacked
in such manner as to promote drying and insure combustion with
a minimum of smoke production. All agricultural wastes to be
burned shall be free of excessive dirt, soil, and visible
surface moisture.
I. All agricultural wastes to be burned shall be ignited only with
approved types of ignition devices as defined herein.
J. The following types of agricultural waste materials to be burned
shall be allowed to dry for the following minimum time periods
or equivalent:
1. Rice Stubble: 4 days following harvest
2. Dry Cereals: 0 days
3. Prunings and Small Branches: 3 weeks
4. Large Branches and Trees: 6 weeks
K. Materials to be burned shall be ignited only during daylight
hours, and all burning shall be terminated by sunset of each
day. No material shall be added to an existing fire after
3:00 p.m., Pacific Standard Time.
L. No burning of agricultural waste materials shall be permitted
which will create a nuisance as defined in Section 24243 of the
California State Health and Safety Code.
M. The Amador County Air Pollution Control Officer may restrict
agricultural waste burning to selected permittees on designated
Burn-Days if the total tonnage to be ignited would discharge a
volume of contaminants into the atmosphere sufficient to cause
adverse conditions.
(2.0) Rule 3. EXCEPTIONS.
A. Exception to Rule 2 E and K: The Amador County Air Pollution
Control Officer may grant an exception to allow burning on a
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No-Burn Day so designated by the Board, and in certain situa-
tions to allow burning to continue past sunset of each day,
when denial of such permit would threaten imminent and substan-
tial economic loss.
The granting of an exception does not exempt the applicant from
any other district or fire control regulation. The applicant
shall submit in writing on the form provided, his reasons for
the exception. The Amador County Air Pollution Control Officer
may seek the advice of the County Agricultural Commissioner, the
County Farm Advisor, or other informed sources.
B. Agricultural burning at 4,000 feet or more above mean sea level
is exempt from Rule 2 E.
(15.0) Rule 4. PENALTY CLAUSE.
A. A violation of the provisions of these Rules and Regulations is
a misdemeanor punishable by imprisonment in the county jail not
exceeding six (6) months or by fine not exceeding five hundred
dollars ($500), or both, and the cost of putting out the fire.
Every day during any portion of which such violation occurs
constitutes a separate offense.
B. The fire control agency designated by the Board and having juris-
diction over the site of the agricultural burn and the Air Pollu-
tion District of Amador County shall enforce these Rules and
Regulations.
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