U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-296 667
Air Pollution Regulations in State
Implementation Plans: California,
Humboldt County
Abcor, Inc, Wilmington, MA Wolden Div
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 Standard*
Research Triangle Park NC 27711
EPA-460/3-78-054-10
August 1978
Air
Air Pollution Regulations
in State Implementation
Plans:
California
Humbotdt County
REPRODUCED BY "" " "
NATIONAL TECHNICAL j
INFORMATION SERVICE '
U. S. DEPARTMENT OTCOMMERCE
SPRINGFIELD. VA. 22lS
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TECHNICAL REPORT DATA
(Please read Instructions on the reverse before completing)
1. REPORT NO.
EPA-450/3-78-054-10
2.
4, TITLE AND SUBTITLE
Air Pollution Regulations in State Implemer
•Plans: California Humboldt County
7. AUTHOR(S)
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Walden Division of Abcor, Inc.
Wilmington, Mass.
12. SPONSORING AGENCY NAME AND ADDRESS
Control Programs Development Division
Office of Air Quality Planning and Standar
Office of Air, Noise, and Radiation
Research Triangle Park, NC 27711
15. SUPPLEMENTARY NOTES
EPA Project Officer: Bob Schell , Control
3. RECIPIENT'S ACCESSION-NO.
6. REPORT DATE ' /
station i August 1978 '
6. PERFORMING ORGANIZATION CODE
8. PERFORMING ORGANIZATION REPORT NO.
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT NO.
68-02-2890
13. TYPE OF REPORT AND PERIOD COVERED
(JS 14. SPONSORING AGENCY CODE
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. Regulat
categories as of January 1, 1978, have bee
this document will be updated annually. S
which have not been Federally approved as
omission of these regulations from this do
the respective Federal, State, or local ag
17.
ions which fall into one of the above
n incorporated. As mandated by Congress,
tate and/or local air quality regulations
of January 1, 1978, are not included here;
cument in no way affects the ability of
encles to enforce such regulations.
KEY WORDS AND DOCUMENT ANALYSIS
a. DESCRIPTORS
Air pollution
Federal Regulations
Pollution
State Implementation Plans
18. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
b. IDENTIFIERS/OPEN ENDED TERMS C. COSATI Field/Group
19. SECURITY CLASS "(This Report)
Unclassified -. -
20. SECURITY CLASS (This page) 22. PRICE f*C^ / Mp
Unclassified /4-« 3 A & 1
EPA Form 2220-1 (9-73)
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EPA-460/3-78-054-10
Air Pollution Regulations
in State Implementation Plans
* f _
California
Humbdldt 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
i
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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-450/3-78-054-10
ii
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INTRODUCTION
»
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 Act 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 promulgated indirect 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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to th6 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 are 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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v . SUMMARY SHEET
OF
ERA-APPROVED REGULATION CHANGES
HUMBOLDT COUNTY
Submittal Date Approval Date Description
6/30/72 9/22/72 Rules 5, 6, 52, 57,
62, 63, 64
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DOCUMENTATION OF CURRENT ERA-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 PARTICULATES
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
v1
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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. F1re
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
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TABLE OF CONTENTS
Revised Standard
Subject Index
-
(2.0)
(1.0)
(15.0)
(15.0)
(15.0)
(16.0)
-
(3.0)
(3.0)
(3.0)
(3.0)
(3.0)
(3.0)
(3.0)(9.0)
(3.0)
(3.0)
(3.0)
(3.0)
HUMBOLDT
Reg.-
Rule Number
Reg. I
Rule 1
2
3
4
5
6
Reg. II
Rule 10
11
12
14
17
18
19
20
21
22
23
COUNTY REGULATIONS
Title
General Provisions
Title
Definitions
Penalties for Violations
Civil Penalties
Enforcement
Review of Standards
Permi ts
Permits Required
Exemptions
Transfer
Applications
Cancellation of Applications
Action on Applications
Provisions of Sampling and
Testing Facilities
Standards for Granting
Applications
Conditional Approval
Denial of Applications
Further Information
Page
1
1
1
4
5
7
7
7
7
9
14
14
15
15
15
15
16
17
17
viii
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Revised Standard
Subject Index
• • (3.0)
(3.0)
-
(2.0)(3.0)
(16.0)
(2.0)
-
(50.1.2)
(50.0)
(50.1.)
(51.13)
(51.9)
(2.0)
(50.2)
(50.2)
(7.0)
(2.0)
(51.16)
(51.1)
-
(16.0)
(16.0)
(16.0)
(5.0)
Reg.-
Rule Number
24
25
Reg. Ill
Rule 40
42
44
Reg. IV
Rule 50
51
52
53
54
55
56
57
59
60
63
64
Reg. V
Rule 75
76
77
78
Title
Applications Deemed Denied
Appeals
Fees
Permit Fees
Hearing Board Fees
Technical Reports, Charges for
Prohibitions
Visual Emission Standard
Prohibited Emissions
Parti cul ate Matter
Open Fires
Incinerator Burning
Exceptions
Sulfur Oxide Emissions
Sulfide Emission Standard
Report of Breakdown
Circumvention
Gasoline Loading and Storage
Orchard Heaters
Procedure before the Hearing
Board
General
Filing Petitions
Contents of Petitions
Petitions for Variance
Page
17
17
17
17
18
18
19
19
19
19
20
21
21
22
22
24
24
25
25
25
25
25
26
27
ix
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Revised Standard Reg.-
Subject Index . Rule Number Title Page
(16.0) Rule 79 Appeal from Denial 27
(16.0) 80 Failure to Comply with Rules 27
(16.0) 82 Answers 28
(16.0) 83 Dismissal of Petition 28
(16.0) 84 Place of Hearing 28
(16.0) 85 Notice of Hearing 28
(16.0) 86 Evidence 28
(16.0) 87 Preliminary Matters 29
(16.0) 88 Official Notice 29
(16.0) 89 Continuances 29
(16.0) 90 Decision 29
(16.0) 91 Effective Date of Decision 29
(16.0)(3.0) 95 Lack of Permit 30
Reg. VI Episode Procedures 31
(8.0) Rule 150 General 31
(8.0) 151 Sampling Stations 31
(8.0) 152 Declaration of Air Pollution
Episodes 31
(8.0) 153 Notification of Episode
Conditions 32
(8.0) 154 Alert Actions 32
(8.0) 155 Warning Actions 32
(8.0) 156 Emergency Actions 33
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Regulation I - General Provisions
(2.0) RULE 1 - TITLE
Pursuant to the provisions of Chapter 2, Division 20, of the Health and
Safety Code of the State of California, the Air Pollution Control Board
of the Humboldt County Air Pollution Control District does hereby enact
the following rules and regulations to be known as the Rules and Regula-
tions of the Humboldt County Air Pollution Control District.
(1.0) RULE 2 - DEFINITIONS
Except as otherwise specifically provided in these Rules and Regulations,
and except where the context indicates otherwise, words used in these
Rules and Regulations are used in exactly the same sense as the same words
are used in Chapter 2, Division 20, of the Health and Safety Code.
(a) AGRICULTURAL OPERATION. "Agricultural operation" means the grow-
ing and harvesting of crops, including timber, or the raising of
fowls, animals or bees as a gainful occupation.
(b) AIR CONTAMINANT. "Air contaminant" includes smoke, dust, charred
paper, soot, grime, carbon, noxious acids, fumes, gases, odors,
or particulate matter, or any combination thereof.
(c) AIR POLLUTION. "Air pollution" means the presence in the outdoor
atmosphere of one or more air contaminants in quantities, char-
acteristics, or duration such that they are or tend to be injur-
ious to human, plant or animal life or to property, or which
unreasonably interfere with the enjoyment of life or property.
(d) AIR POLLUTION ABATEMENT OPERATION. "Air pollution abatement
operation" means any operation which has as its essential purpose
a significant reduction in (a) the the emission of air contamin-
ants or (b) the effect of such emission.
(e) ALTERATION. "Alteration" means any addition to or enlargement
or 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 adversely affect the kind or amount of
air contaminant emitted.
(f) ATMOSPHERE. "Atmosphere" means the air that envelopes or sur-
rounds the earth.
(g) BOARD. "Board" means the Air Pollution Control Board of the Air
Pollution Control District of Humboldt County.
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(h) COMBUSTIBLE REFUSE. "Combustible refuse" is any solid or liquid
combustible waste material containing carbon in a free or com-
bined state.
(i) COMBUSTION CONTAMINANTS. "Combustion contaminants" are particu-
late matter discharged into the atmosphere from the burning of
any kind of material containing carbon in a free or combined
state.
(j) CONTROL OFFICER. "Control Officer" means the Air Pollution Con-
trol Officer of the Air Pollution Control District of Humboldt
County.
(k) DUSTS. "Dusts" are minute solid particles released into the air
by natural forces or by mechanical processes such as crushing,
grinding, milling, drilling, demolishing, shoveling, conveying,
covering, bagging sweeping, etc.
(1) EMISSION. "Emission" means the act of passing into the atmos-
phere an air contaminant or gas stream which contains an air con-
taminant, or the air contaminant so passed into the atmosphere.
(m) EMISSION POINT. "Emission point" means the place, located in a
horizontal plane and vertical elevation, at which an emission
enters the atmosphere.
(n) EXCESS AIR. "Excess air" means the quantity of air required
for complete combustion.
(o) HEARING BOARD. "Hearing Board" means the Hearing Board of the
Air Pollution Control District of Humboldt County.
(p) INCINERATION. "Incineration" means an operation in which com-
bustion is carried on for the principal purpose, or with the
principal result, of oxidizing a waste material to reduce its
bulk or facilitate its disposal.
(q) INSTALLATION. "Installation" means the placement, assemblage
or construction of equipment or control apparatus at the premises
where the equipment or control apparatus will be used, and in-
cludes all preparatory work at such premises.
(r) MULTIPLE CHAMBER INCINERATOR. "Multiple chamber incinerator"
means any incinerator consisting of three or more refractory-
lined combustion chambers in series, physically separated by
refractory walls, interconnected by gas passage ports or ducts
and employing adequate design parameters necessary for maximum
combustion of the material to be burned.
(s) OPEN OUTDOOR FIRE. "Open outdoor fire" means the burning of
materials of any type outdoors in the open where the products of
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combustion are not directed through an acceptable duct or pas-
sage for air, gases or the like, such as a stack or chimney.
(t) OPERATION. "Operation" means any physical action resulting in
a change in the location, form or physical properties of a mater-
ial, or any chemical action resulting in a change in the chemical
composition or the chemical or physical properties of a
material.
(u) OVERFIRE AIR. "Overfire air" means air introduced into a tepee
burner or other type incineration device after the primary com-
bustion has occurred.
(v) OWNER. "Owner" includes but 1s not limited to any person who
leases, supervises or operates equipment.
(w) PARTICULATE MATTER. "Particulate matter" means discrete parti-
cles of liquid, other than water, or a solid, as distinguished
from a gas or vapor.
(x) PERSON OR PERSONS. "Person or persons" means an individual, pub-
lic or private corporation, political subdivision, agency, board,
department or bureau of the state, municipality, partnership,
firm, association, trust or estate, or any other legal entity
whatsoever which is recognized in law as the subject of rights
and duties.
(y) PROCESS WEIGHT PER HOUR. "Process weight" is the total weight,
including contained moisture, 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 combus-
tion air will not. The "process weight per hour" will be der-
ived 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.
(z) PPM. "ppm" means parts per million by volume (v/v) expressed on
a dry gas basis.
(aa) REGULATION. "Regulation" means one of the major subdivisions of
the Rules of the Air Pollution Control District of Humboldt
County.
(bb) RULE. "Rule" means a rule of the Air Pollution Control District
of Humboldt County.
(cc) SECTION. "Section" means section of the Health and Safety Code of
the State of California unless some other statute is specifically
mentioned.
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(dd) STANDARD CONDITION. "Standard condition," as used in these reg-
ulations, refers to a gas temperature of 60 degrees Fahrenheit
and a gas pressure of 14.7 pounds per square inch absolute. Re-
sults of all analyses and tests shall be calculated or reported
at this gas temperature and pressure.
(ee) STANDARD CUBIC FOOT OF GAS. "Standard cubic foot of gas" means
that amount of the gas which would occupy a cube having dimen-
sions of one foot on each side, if the gas were free of water
vapor and at a pressure of 14.7 P.S.I.A. and a temperature of 60
degrees F.
(ff) TEPEE BURNER. "Tepee burner" means a burner of wood wastes, con-
sisting of a single burning chamber having the general features
of a truncated cone, and. generally used in conjunction with saw-
mills, lumber mills and similar activities.
(gg) TOTAL REDUCED SULFUR (TRS). "TRS" means total reduced sulfur
contained in hydrogen sulfide, mercaptans, dimethyl sulfide,
dimethyl disulfide or other organic sulfide compounds, all
expressed as hydrogen sulfide. Sulfide dioxide, or sulfuric acid
mist are not to be included 1n the determination of TRS.
(hh) UNDERFIRE AIR. "Underfire air" means air introduced into a
tepee burner or other type incineration device beneath the fuel
pile or into the primary combustion chamber.
(ii) CONDENSED FUMES. "Condensed fumes" are particulate matter gen-
erated by the condensation of vapors evolved after volatilization
from the molten state, or may be generated by sublimation, dis-
tillation, calcination, or chemical reaction, when these pro-
cesses create airborne particles.
(jj) NON-CONDENSIBLES. "Non-Condens1bles" means the TRS portion of
any gases and vapors released in a kraft pulp mill from the
digester flash steam condensers, blow tanks, multiple effect
evaporator vacuum seal tanks and multiple effect evaporator con-
densers.
(15.0) RULE 3 - PENALTIES FOR VIOLATIONS
Penalty actions for non-compliance with, or violation of, any rule of
these rules and regulations will be instituted pursuant to the following
provisions and further pursuant to the provisions of Chapter 2, Division
20 of Health and Safety Code of the State of California.
(a) Every person is guilty of a misdemeanor who knowingly makes any
false statement in any application for a permit or in any infor-
mation, analyses, plans or specifications submitted either in
conjunction therewith, or at the request of the Air Pollution
Control Officer. (Section 24277).
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(b) Every person is guilty of a misdemeanor who builds, erects,
alters, replaces, uses, or operates any source capable of emit-
ting air contaminants for which a permit is required by the reg-
ulations of the Air Pollution Control District when his permit so
to do has been either suspended or revoked. (Section 24278).
(c) Every person required by the regulations of the Air Pollution
Control board to obtain a permit so to do who, without first
obtaining such permit builds, erects, alters, replaces, uses, or
operates any source capable of emitting air contaminants, is
guilty of a misdemeanor. (Section 24279).
(d) Every person is guilty of a misdemeanor who builds, erects,
alters, or replaces, operates or uses any such article, machine,
equipment, or other contrivance contrary to the provisions of any
permits issued under these rules and regulations. (Section
24280).
(e) Every person violating any order, rule, or regulation of the Hum-
boldt County Air Pollution Control District is guilty of a mis-
demeanor. Every day during any portion of which such a violation
occurs is a separate offense. (Section 24281).
(15.0) RULE 4 - CIVIL PENALTIES
(a) Pursuant to Section 24252 of the Health and Safety Code of the
State of California, any violation of any order, rule or regula-
tion of the Humboldt County Air Pollution Control Board may be
enjoyed in a civil action brought in the name of the people of
the State of California.
(b) Section 39260 Health and Safety Code. Violation of abatement
order civil penalty.
Any person who intentionally or negligently violates any order of
abatement issued by any type of air pollution control district
pursuant to Section 24260.5, or by the State Air Resources Board
pursuant to this part, shall be liable for a civil penalty not to
exceed six thousand dollars ($6,000) for each day which such vio-
lation occurs.
An order of abatement may be issued under the following cir-
cumstances:
Section 24260.5 Health and Safety Code. Authority to issue
order for abatement; grounds; hearing.
The air pollution control board may, after notice and a
hearing issue, or provide for the issuance by the hearing
board, after notice and a hearing of, an order for abatement
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whenever the district finds that any person is in violation
of Section 24242 or 24243 or any rule or regulation prohib-
iting or limiting the discharge of air contaminants into the
air. The air pollution control board in holding hearings on
the issuance of orders for abatement shall have all powers
and duties conferred upon the hearing board by this chapter.
The hearing board in holding hearings on the issuance of
orders for abatement shall have all powers and duties con-
ferred upon it by this chapter.
(c) Section 39261 Health and Safety Code. Violation of Sections
24242, 24243, or rule or regulation; civil penalty.
Any person who intentionally or negligently violates Section
24242, 24243, or any rule or regulation of a county air pollution
control district or the State Air Resources Board issued pursuant
to this part, prohibiting or limiting the discharge of air con-
taminants into the air, shall be liable for a civil penalty not
to exceed five hundred dollars ($500.00) for each day in which
such violation occurs.
Such violations follow:
Section 24242 Health and Safety Code. Discharge of air con-
taminant; prohibition.
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 minutes
in any one. hour which is:
(a) As dark or darker in shade as that designated as No. 2
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 section.
Section 24243 Health and Safety Code. Discharge of injurious
or annoying material; prohibition.
Any 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 con-
siderable 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 ten-
dency to cause injury or damage to business or property.
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(d) Section 39262 Health and Safety Code. Action for civil penalties.
The civil penalties prescribed by Sections 39260 and 39261 shall
be assessed and recovered in a civil action brought in the name
of the people of the State of California by the Attorney General,
by any district attorney or by the attorney of any type of air
pollution control district in which the violation occurs in any
court of competent jurisdiction. In determining the amount, the
court shall take into consideration all relevant circumstances
including but not limited to, the extent of harm caused by the
violation, the nature and persistence of the violation, the
length of time over which the violation occurs, and corrective
action, if any, taken by the defendant.
An action brought pursuant to this section to recover such civil
penalties shall take special precedence over all civil matters on
the calendar of the court except those matters to which equal
precedence on the calendar is granted by law.
(15.0) RULE 5 - ENFORCEMENT
(a) The Air Pollution Control Officer, or any authorized deputy offi-
cer of the Air Pollution Control District, may arrest a person
without a warrant whenever he has reasonable cause to believe
that the person to be arrested has committed a misdemeanor in his
presence which is a violation of Chapter 2, Division 20 of the
Health and Safety Code of the State of California, or which is a
violation of the Rules & Regulations of the Humboldt County Air
Pollution Control District.
(16.0) RULE 6 - REVIEW OF STANDARDS
The Air Pollution Control Officer may at any time request the Air Pollu-
tion Control Board to hold a public hearing for review of current air
pollution control technology, to examine the adequacy of the emission
limits stated in these Rules and Regulations, or to adopt any new or
revised standards that may be necessary. Such hearing shall be held at
least once each year on or near the anniversary date of the adoption of
these Rules and Regulations.
Regulation II - Permits
(3.0) RULE 10 - PERMITS REQUIRED
(a) AUTHORITY TO CONSTRUCT. Before any person builds, erects, alters,
replaces, operates, sells, rents or uses any article, machine,
equipment or other contrivance which may cause the issuance of
air contaminants or the use of which may eliminate or reduce or
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control the issuance of air contaminants, such person shall
obtain a written authority to construct from the Air Pollution
Control Officer. A single authority to construct may be issued
for all components of an integrated system or process. An auth-
ority to construct 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 cancelled.
(b) PERMIT TO OPERATE. Before any article, machine, equipment or
other contrivance described in Rule 10(a) (Authority to Construct)
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 contriv-
ance described in Rule 10(a) (Authority to Construct), construct-
ed or installed without authorization is required by Rule 10(a)
(Aurhotity to Construct) until the information required is pre-
sented to the Air Pollution Control Officer and such article,
machine, equipment or contrivance is altered, if necessary, and
made to conform to the standards set forth in Rule 20 and else-
where in these Rules and Regulations.
(c) REVIEW OF PERMITS. The Air Pollution Control Officer may at any
time require from an applicant for, or holder of, any authority
to construct or permit to operate, such information, analyses,
plans or specifications as will disclose the nature, extent,
quantity or degree of air contaminants which are or may be dis-
charged into the atmosphere.
(d) POSTING OF PERMIT TO OPERATE. A person who has been granted under
Rule 10(b) a permit to operate any article, machine, equipment,
or other contrivance described in Rule 10(b), 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 in an accessible place within 25 feet of the
article, machine, equipment, or other contrivance, or maintained
readily available at all times on the operating premises.
(e) ALTERATION OF PERMIT. A person shall not willfully deface, alter,
forge, counterfeit, of falsify any permit issued under these
Rules and Regulations.
(f) CONTROL EQUIPMENT. Nothing in this rule shall be construed to
authorize the Control Officer to require the use of machinery,
devices, or equipment of a particular type or design if the
required emission standard may be met by machinery, device,
equipment, product, or process change otherwise available.
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(3.0) RULE 11 - 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 Californ-
ia 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 Regulations.
(b) Vehicles used to transport passengers or freight.
(c) Equipment utilized exclusively in connection with any structure
which is designed for any 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.
(4) Water cooling towers and water cooling ponds not used for
evaporative cooling of process water or not used for evapor-
ative cooling of water from barometric jets or from baro-
metric 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) All sheet-fed printing presses and all other printing press-
es using exclusively inks containing less than 10 per cent
organic solvents, diluents or thinners.
(10) Ovens used exclusively for the curing of plastics which are
concurrently being vacuum held to a mold or for the soften-
ing or annealing of plastics.
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(11) Equipment used exclusively for the dyeing or stripping
(bleaching) of textiles where no organic solvents, diluents
.or thinners are used.
(12) Equipment used exclusively to mill or grind< coatings and
molding compound where all materials charged are in a paste
form.
(13) Crucible type or pot type furnaces with a brimful capacity
of less than 450 cubic inches of any molten metal.
(14) Equipment used exclusively for the melting or applying of
wax where no organic solvents, diluents or thinners are
used.
(15) Equipment used exclusively for bonding lining to brake shoes.
(16) Lint traps used exclusively in conjunction with dry cleaning
tumblers.
(17) Equipment used in eating establishments for the purpose of
preparing food for human consumption.
(18) Equipment used exclusively to compress or hold dry natural
gas.
(19) Tumblers used for the cleaning or deburring of metal prod-
ucts without abrasive blasting.
(20) Shell core and shell mold manufacturing machines.
(21) Molds used for the casting of metals.
(22) Abrasive blast cabinet-dust filter integral combination
units where the total internal volume of the blast section
is 50 cubic feet or less.
(23) Batch mixers of five cubic feet rate working capacity or
less.
(24) Equipment used exclusively for the packaging of lubricants
or greases.
(25) Equipment used exclusively for the manufacture of water
emulsions of asphalt, greases, oils or waxes.
(26) Ovens used exclusively for the curing of vinyl plastisols
by the closed mold curing process.
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(27) Equipment used exclusively for conveying and storing plastic
pellets.
(28) Equipment used exclusively, for the mixing and blending of
materials at ambient temperature to make water-based adhes-
ives.
(29) Platen presses used for laminating.
(e) The following equipment or any exhaust system or collector serv-
ing exclusively such equipment:
(1) Blast cleaning equipment using a suspension of abrasive in
water.
(2) Ovens, mixers and blenders used in bakeries where the pro-
ducts are edible and intended for human consumption.
(3) Kilns used for firing ceramic ware, heated exclusively by
natural gas, liquefied petroleum gas, electricity or any
combination thereof.
(4) Laboratory equipment used exclusively for chemical or phys-
ical analysis and bench scale laboratory equipment.
(5) Equipment used for inspection of metal products.
(6) Confection cookers where the products are edible and intended
for human consumption.
(7) Equipment used exclusively for forging, pressing, rolling or
drawing of metals or for heating metals immediately prior to
forging, pressing, rolling or drawing.
(8) Die casting machines.
(9) Atmosphere generators used in connection with metal heat
treating processes.
(10) Photographic process equipment by which an image is repro-
duced upon material sensitized to radiant energy.
(11) Brazing, soldering, or welding equipment.
(12) Equipment used exclusively for the sintering of glass or
metals.
(13) Equipment using aqueous solutions for surface preparation,
cleaning, stripping, etching (does not include chemical mil-
ling) or the electrolytic plating with, electrolytic polish-
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ing of, or the electrolytic stripping of brass, bronze,
cadmium, copper, iron, lead, nickel, tin, zinc, and precious
metals.
(14) Equipment used for washing or drying products fabricated
from metal, cloth, fabric, or glass, provided that no oil
or solid fuel is burned.
(15) Laundry dryers, extractors or tumblers used for fabrics
cleaned only with water solutions of bleach or detergents.
(16) Foundry sand mold forming equipment to which no heat is
applied.
(17) Ovens used exclusively for curing potting materials or cast-
ings made with epoxy resins.
(18) Equipment used to liquefy or separate oxygen, nitrogen or
the rare gases from the air.
(19) Equipment used for compression molding and injection molding
of plastics.
(20) Mixers for rubber or plastics where no material in powder
form is added and no
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(h) Containers, reservoirs, or tanks used exclusively for:
(1) Dipping operations for coating objects with oils, waxes, or
greases where no organic solvents, diluents or thinners are
used.
(2) Dipping operations for applying coatings of natural or syn-
thetic resins which contain no organic solvents.
(3) Storage of liquified gases.
(4) Unheated storage of organic materials with an initial boil-
ing point of 300° F or greater.
(5) The storage of fuel oils and lubricating oils.
(6) The storage of organic liquids, except gasoline, normally
used as solvents, diluents or thinners, inks, colorants,
paints, lacquers, enamels, varnishes, liquid resins or other
surface coatings.
(7) The storage of liquid soaps, liquid detergents, waxes, wax
emulsions, or vegetable oils.
(8) The storage of asphalt.
(9) Unheated solvent dispensing containers, unheated non-convey-
orized solvent rinsing containers or unheated non-conveyor-
ized coating dip tanks of 1,000 gallons capacity or less.
(10) Transporting materials on streets or highways.
(11) Gasoline storage tanks having a capacity of less than 250
gallons.
(i) Natural gas-fired or liquefied petroleum gas-fired or electric-
ally heated furnaces for heat treating glass or metals, the use
of which does not involve molten materials.
(j) Crucible furnaces, pot furnaces or induction furnaces, with a
capacity of 1,000 pounds or less each, in which no sweating or
distilling is conducted and from which only the following metals
are poured or in which only the following metals are held in a
molten state:
(1) Aluminum or any alloy containing over 50 percent aluminum.
(2) Magnesium or any alloy containing over 50 percent magnesium.
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imiinnim
(3) Lead or any alloy containing over 50 percent lead.
(4) Tin or any alloy containing over 50 percent tin.
(5) Zinc or any alloy containing over 50 percent zinc.
(6) Copper.
(7) Precious metals.
(k) Vacuum cleaning systems used exclusively for industrial, commer-
cial or residential housekeeping purposes.
(1) Structural changes which cannot change the quality, nature or
quantity of air contaminant emissions.
(m) Repairs or maintenance not involving structural changes to any
equipment for which a permit has been granted.
(n) Identical replacements in whole or in part of any article, machine
equipment or other contrivance where a permit to operate had pre-
viously been granted for such equipment under Rule 10.
(o) Any article, machine, equipment, contrivance or their exhaust
systems, the discharge from which contains air contaminants only
in the form of radioactive materials.
Atomic energy development and radiation protection are controlled
by the State of California to the extent it has jurisdiction
thereof, in accordance with the advice and recommendations made
to the governor by the Advisory Council on Atomic Energy Devel-
opment and Radiation Protection. Such development and protection
are fully regulated by the United States Atomic Energy Commission
to the extent that such authority has not been delegated to the
states.
(3.0) RULE 12 - TRANSFER
Any permit or written authorization issued hereunder shall not be trans-
ferable, by operation of law or otherwise, from one location to another,
from one piece of equipment to another, or from one person to another.
(3.0) RULE 14 - APPLICATIONS
Every application for an authority to construct or any permit required
under Rule 10 shall be filed in the manner prescribed by the Air Pollution
Control Officer, on a 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 Rule 20 thereof.
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(3.0) RULE 17 - CANCELLATION OF APPLICATIONS
An authority to construct shall expire and the application shall be can-
celled one year from the date of issuance of the authority to construct;
provided, however, that when a period of longer than one year is stated
in the application to be required for the construction, the authority to
construction shall expire and the application shall be cancelled upon the
expiration of such construction period, but in any event not later than
five years from the date of issuance of the authority to construct.
(3.0) RULE 18 - ACTION ON APPLICATIONS
The Air Pollution Control Officer shall act within 60 days on an applica-
tion for authority to construct, or permit to operate or permit to sell
or rent, as stated in Section 24263 of the Health and Safety Code, and
shall notify the applicant in writing by mail or in person of the action
taken; namely, approval, conditional approval, or denial. Notice of the
action taken shall be deemed to have been given when the written notifi-
cation has been deposited in the mail, postpaid, addressed to the address
shown on the application, or when personally delivered to the applicant
or his representative.
(3.0) RULE 19 - PROVISIONS OF SAMPLING AND TESTING FACILITIES
(9.0)
A person operating or using any article, machine, equipment or other con-
trivance for which these rules require a permit shall provide and maintain
such sampling and testing facilities as specified in the authority to con-
struct or permit to operate.
(3.0) RULE 20 - STANDARDS FOR GRANTING APPLICATIONS
(a) The Air Pollution Control Officer shall deny an authority to con-
struct, permit to operate or use, or permit to sell or rent,
except as provided in Rule 21, if the applicant does not show
that every article, machine, equipment or other contrivance, the
use of 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 air contaminants in violation of Sec-
tions 24242 or 24243, Health and Safety Code, or of these regula-
tions.
(b) Before an authority to construct or a permit to operate is grant-
ed, the Air Pollution Control Officer may require the applicant
to provide and maintain such facilities as are necessary for
sampling and testing purposes in order to secure information that
will disclose the nature, extent, quantity or degree of air con-
taminants discharged into the atmosphere from the article,
machine, equipment or other contrivance described in the author-
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ity to construct or permit to operate. 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
sampling holes; the size and location of the sampling platform;
the access to the sampling platform; and the utilities for oper-
ating the sampling and testing equipment. The platform and
access shall be constructed in accordance with the General Indus-
trial Safety Orders of the State of California.
(c) In acting upon a permit to operate, if the Air Pollution Control
Officer finds that the article, machine, equipment or other con-
trivance has not been constructed in accordance with the author-
ity to construct, he shall deny the permit to operate. The Air
Pollution Control Officer shall not accept any further applica-
tion for permit to operate the article, machine, equipment or
other contrivance so constructed until he finds that the article,
machine, equipment or other contrivance has been constructed in
accordance with the authority to construct.
(3.0) RULE 21 - CONDITIONAL APPROVAL
(a) The Air Pollution Control Officer may issue an authority to con-
struct or a permit to operate or use, subject to conditions which
will bring the operation of any article, machine, equipment or
other contrivance within the standards of Rule 20, 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 condi-
tions 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 article, machine, equipment or
other contrivance can operate within the standards of Rule 20
under the revised conditions.
(b) The Air Pollution Control Officer may issue a permit to sell or
rent, subject to conditions which will bring the operation of any
article, machine, equipment or other contrivance within the
standards of Rule 20, in which case the conditions shall be
specified in writing. Selling or renting under such a permit to
sell or rent shall be deemed acceptance of all the conditions so
specified. The Air Pollution Control Officer shall issue a per-
mit to sell or rent with revised conditions upon receipt of a
new application, if the applicant demonstrates that the article,
machine, equipment or other contrivance can operate within the
standards of Rule 20 under the revised conditions.
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(3.0) RULE 22 - DENIAL OF APPLICATIONS
In the event of denial of an authority to construct, permit to operate or
permit to sell or rent, the Air Pollution Control Officer shall notify the
applicant in writing of the reasons therefor. Service of this notifica-
tion may be made in person or by mail, addressed to the applicant at the
address set forth on the application, and such service may be proved by
the written acknowledgement of the persons served or affidavit of the per-
son making the service. The Air Pollution Control Officer shall not
accept a further application unless the applicant has complied with the
objections specified by the Air Pollution Control Officer as his reasons
for denial of the authority to construct, the permit to operate or the
permit to sell or rent.
(3.0) RULE 23 - FURTHER INFORMATION
Before acting on an application for authority to construct, permit to
operate or permit to sell or rent, the Air Pollution Control Officer may
require the applicant to furnish further information or further plans or
specifications.
(3.0) RULE 24 - APPLICATIONS DEEMED DENIED
The applicant may at his option deem the authority to construct, permit to
operate or permit to sell or rent denied if the Air Pollution Control
Officer fails to act on the application within 60 days after filing, or
within 30 days after applicant furnishes the further information, plans
and specifications requested by the Air Pollution Control Officer, which-
ever is later.
(3.0) RULE 25 - APPEALS
Within 10 days after notice by the Air Pollution Control Officer of denial
or conditional approval of an authority to construct, permit to operate or
use or permit to sell or rent, or within 10 days after the application is
denied pursuant to Rule 24, 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,
reverse or modify the action of the Air Pollution Control Officer; such
order may be made subject to specified conditions.
Regulation III - Fees
(2.0) RULE 40 - PERMIT FEES
(3.0)
The term fees used herein means fees as set forth on the schedule adopted
by the Air Pollution Control Board.
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Every applicant, except any state or local governmental agency or public
district, who applies for an authority to construct or a permit to operate
any article, machine, equipment, or other contrivance for which an author-
ity to construct or permit to operate is required by the state law or by
the Rules and Regulations of the Air Pollution Control District, shall pay
a filing fee. Where an application is filed for a permit to operate any
article, machine, equipment or other contrivance by reason of transfer
from one person to another, and where a permit to operate had previously
been granted under Rule 10 and no alteration, addition or transfer of
location has been made, the applicant shall pay a filing fee.
Where a single permit to operate has been granted under Rule 10, and where
the Air Pollution Control Officer would have Issued separate or revised
permits for each permit unit included 1n the original application, the Air
Pollution Control Officer may issue such separate or revised permits with-
out fees.
A request for duplicate permit to operate shall be made in writing to the
Air Pollution Control Officer within 10 days after the destruction, loss
or defacement of a permit to operate. A fee shall be charged, except to
any state or local governmental agency or public district for issuing a
duplicate permit to operate.
(2.0) RULE 42 - HEARING BOARD FEES
(16.0)
(a) Every applicant or petitioner for variance, or for the extension,
revocation or modification of a variance, or for an appeal from
a denial or conditional approval of an authority to construct,
permit to operate or permit to sell or rent, except any state or
local governmental agency or public district, shall pay to the
Clerk of the Hearing Board, on filing, a fee. It is hereby
determined that the cost of administration of Article 5, Chapter
2, Division 20, Health and Safety Code or Rule 25 of these Rules
and Regulations, exceeds the fee set by the fee schedule.
(b) Any person requesting a transcript of the hearing shall pay the
cost of such transcript.
(c) This rule shall not apply to petitions filed by the Air Pollution
Control Officer.
(2.0) RULE 44 - TECHNICAL REPORTS, CHARGES FOR
Information, circulars, reports of technical work, and other reports pre-
pared by the Air Pollution Control District, when supplied to other gov-
ernmental agencies or individuals or groups requesting copies of the
samej may be charged for by the District in a sum not to exceed the cost
of preparation and distribution of such documents. All such monies col-
lected shall be deposited with the Treasurer of the County of Humboldt.
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Regulation IV - Prohibitions
(50.1.2) RULE 50 - VISUAL EMISSION STANDARD
In accordance with Section 24242, Chapter 2, Division 20, Article 3, of
the California State Health and Safety Code, 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 minutes
in any one hour which is:
(a) As dark or darker in shade as that designated as Number 2 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 unit.
(c) This rule shall not apply when the presence of uncombined water
is the only reason for the failure of the emission to meet the
requirements of this rule.
(50.0) RULE 51 - PROHIBITED EMISSIONS
A person shall not discharge from any source whatsoever such quantities
of air contaminants or other material which cause injury, detriment, nuis-
ance or annoyance to any considerable number of persons or to the public
or which endanger the comfort, repose, health or safety of any such per-
sons or the public or which cause or have a natural tendency to cause
injury to business or property.
(50.1) RULfc 52 - PARTICULATE MATTER (Add new Basin Rule)
(a) A person shall not discharge combustion contaminants into the
atmosphere from any emission point in excess of 0.2 grain per
standard cubic foot of exhaust gas, adjusted to 50 percent
excess air or calculated to 12 percent carbon dioxide.
(b) A person shall not discharge in any one hour from any source
whatsoever, dust, condensed fumes, or other particulate matter
at a concentration in excess of 0.2 grain per standard cubic foot
of exhaust gas or in total quantities in excess of the amount
shown in Table I, whichever is the more restrictive condition.
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TABLE I
ALLOWABLE RATE OF EMISSION BASED ON
PROCESS WEIGHT RATE
Process weight
Rate
Rate of
Emission
Process Weight
Rate
Rate of
Emission
Lb/Hr
Tons/Hr Lb/Hr
Lb/Hr
Tons/Hr Lb/Hr
100
200
400
0.05
0.10
0.20
0.551
0.877
1.40
6,000
7,000
8,000
3.00
3.50
4.00
8.56
9.49
10.4
600
800
1,000
1,500
2,000
2,500
3,000
3,500
4,000
5,000
0.30
0.40
0.50
0.75
1.00
1.25
1.50
1.75
2.00
2.50
1.
2.
2.
3.
4.
83
22
58
38
10
4.76
5.38
5.96
6.52
7.58
9,000 4.50
10,000 , 5.00
12,000 6.00
16,000 8.00
18,000 9.00
20,000 10.
30,000 15.
40,000 20.
50,000 25.
60,000 or more 30.
11.2
12.0
13.6
16.5
17.9
19.2
25.2
30.5
35.4
40.0
Where the process weight per hour 1s between two listed figures, such
process weight and maximum allowable particulate emission per hour
shall be interpolated accordingly. The total process weight of all
similar process operations located at a single plant or of multiple
plants located on a single premise shall be used for determining the
maximum allowable particulate emission from the combination of such
operations.
(51.13) RULE 53 - OPEN FIRES
(a) No person shall ignite or cause to be ignited or suffer, allow or
maintain any open outdoor fire for the purpose of disposal of
petroleum or plastic wastes, demolition debris, tires, tar, trees,
wood waste or other combustible refuse; or for metal salvage or
burning of automobile bodies; except the following:
(1) Fires used only for the cooking of food for human beings or
for recreational purposes.
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(2) Fires coming within the provisions of Section 24245 of the
Health and Safety Code of the State of California as it
now is or as it may be amended hereafter.
(3) Fires used in agricultural operations as authorized pursuant
to Chapter 10, Article 4 of the California Health and Safety
Code.
(4) Fires used for the disposal of combustible or flammable
solid waste of a single, or two-family dwelling on its prem-
ises.
(5) Fires for which a permit has been granted by the Air Pollu-
tion Control Officer pursuant to Rule 10 of these regula-
tions.
(b) Nothing in this regulation shall be construed as permitting any
; fires otherwise prohibited by law, and nothing in this regulation
shall be construed as prohibiting any fire otherwise required by
law.
(51.9) RULE 54 - INCINERATOR BURNING
No person shall ignite, or cause to be ignited, permit to be ignited
or suffer, allow or maintain any ignited combustible refuse in any
incinerator unless such operation meets the requirements specified in
these Rules and Regulations.
(2.0) RULE 55 - EXCEPTIONS
The provisions of Rules 50 and 52 do not apply to:
(a) Smoke from fires set by or permitted by any public officer is
such fire 1s 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 purpose of the prevention of a fire hazard which
cannot be abated by any other means, or
(2) For the instruction of public employees in the methods of
fighting fire.
(b) Smoke from fires pursuant to permit on property used for indus-
trial purposes for the purpose of instruction of employees in
methods of fighting fire.
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(c) Smoke from burning for which a permit has been issued by the Air
Pollution Control Officer.
(d) Agricultural operations in the growing of crops or raising of
fowls, animals, or bees.
(e) The use of other equipment in agricultural operations in the
growing of crops, or raising of fowls, animals or bees.
(50.2) RULE 56 - SULFUR OXIDE EMISSIONS
(a) A person shall not discharge into the atmosphere from any single
source of emissions whatsoever sulfur oxides, calculated as sulfur
dioxide (S02), in excess of 1,000 ppm.
(b) It shall be unlawful for any person to cause or permit the emis-
sion of sulfur dioxide from any premises which will result in
concentrations and time durations at ground level that exceed
those shown in the following table:
TABLE II
MAXIMUM ALLOWABLE SULFUR DIOXIDE
GROUND-LEVEL CONCENTRATIONS
Concentration Time Duration
0.5 ppm 1 hour
0.04 ppm 24 hours
*Parts per million by volume.
(c) Any person demonstrated by the Control Officer to be emitting
sulfur oxides resulting in ground-level concentrations and dura-
tions in excess of Table II above shall be required to install
and continuously operate recording instruments in at least three
locations surrounding the emission point. Such locations are to _
be approved by the Control Officer.
(d) Such person shall provide to the Control Officer a summary of the
data obtained from such instruments during each calendar month.
The form of presentation of the data will be specified by the
Control Officer.
(50.2) RULE 57 - SULFIDE EMISSION STANDARD
(a) A person shall not discharge total reduced sulfur (TRS), as defin-
ed in Rule 2 (gg), into the atmosphere from any single emission
point at a concentration exceding 60 parts per million by volume,
or in excess of the total daily weight calculated by the formula:
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TRS (pounds per day) = 0.012 (Hs)2
whichever is the more restrictive condition, where Hs is the
height in feet of the emission point above Mean Ground Elevation.
Mean Ground Elevation shall be computed as the arithmetic average
of the highest and lowest ground-level elevation within a 1,000-
yard radius of the emission point. In no case is the lowest
ground-level elevation to be less than mean sea level.
(b) In any integrated manufacturing facility designed for conversion
of wood materials into pulp and/or paper. Wood materials used
exclusively for fuel are not to be considered as charge to the
conversion process.
The total maximum allowable monthly TRS emissions released to
the atmosphere must not exceed 0.8 pounds of TRS per ton of dry
wood charged into the conversion process.
(c) It shall be unlawful for any person to cause or permit the emis-
sion of air contaminants from any premises which will result in
ground-level concentrations of TRS, expressed as hydrogen sul-
fide, in excess of 0.03 ppm for a period of 60 minutes.
(d) A person complying with the requirements of Rule 57 (a) and
releasing in excess of 100 pounds per day of TRS from a single
emission point shall be required to provide, install, maintain
and continuously operate a recording instrument at such emission
point which will record the concentrations of TRS emissions. At
least one such recording instrument shall be installed in the
exhaust stacks; from kraft recovery furnace flue gas systems
at the point of emission to the atmosphere and from kraft pulp
mill lime kilns. The recording section of such instruments shall
be installed in a location subject to frequent operator survel-
lance or equipped with suitable alarm devices.
(e) Where the Control Officer demonstrates by standardized analytical
chemistry procedures that the requirements of Rule 57(c) have
been violated on at least three separate occasions within a one-
month period, the person causing said violation shall provide,
install, maintain and operate a recording instrument, located at
ground level, which will monitor the TRS concentration at the
property limits. Location of said monitoring instrument is to
be approved by the Control Officer.
(f) Emissions exceeding the limits established by Rule 57(c) shall
not constitute a violation provided such emissions, from the
emission point to the point of such concentration, are on the
property controlled by the person responsible for such emissions.
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(g) A summary of the data obtained under the provisions of Rule 57
(b), Rule 57(d), and Rule 57(e), If applicable, shall be submit-
ted to the Control Officer once each calendar month no later
than the fifteenth day of the following calendar month. This
summary shall be presented in the manner and form as prescribed
by the Air Pollution Control Officer.
(h) A person shall not discharge non-condensibles as defined in Rule
2 (jj), into the atmosphere from any emission point, until said
non-condensibles have been treated in an air pollution abatement
operation for removal, thermal oxidation or chemical destruction
of the TRS compounds contained therein. The net emission of non-
condensibles from any such air pollution abatement operation
shall not exceed a TRS concentration of 60 parts per million by
volume for a period or periods aggregating more than 30 minutes
in any 24 hour period, or in excess of a total daily weight of
100 pounds of TRS whichever is the more restrictive condition.
(7.0) RULE 59 - REPORT OF BREAKDOWN
Emissions exceeding any of the limits established by Regulation IV
are a direct result of unavoidable upset conditions or unforeseeable
breakdown of equipment or control apparatus shall not be deemed in
violation provided the following requirements are met:
(a) The upset or breakdown is immediately reported to the Humboldt
County Air Pollution Control District.
(b) The person responsible shall, upon the request of the Control
Officer, submit a full report, including the known causes and
the preventive measures to be taken to minimize or eliminate a
reoccurence.
(c) The Control Officer upon investigation concurs that the upset of
breakdown was unavoidable or unforeseeable.
(d) An initial determination that an upset condition is unavoidable
or breakdown unforeseeable made by the Air Pollution Control
Officer within (c) shall not be binding upon successive periods
where the Air Pollution Control Officer determines immediate
remedial efforts have not been instituted and corrective action
not concluded within a reasonable time under the circumstances.
(2.0) RULE 60 - CIRCUMVENTION
A person shall not build, erect, install, or use any article, machine,
equipment or other contrivance, the use of which, without resulting
in a reduction in the total release of air contaminants to the atmos-
phere, reduces or conceals an emission which would otherwise consti-
tute a violation of Division Rules Chapter 2, of the Health and Safety
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Code of the State of California or of these Rules and Regulations.
This rule shall not apply to cases in which the only violation invol-
ved is of Section 24243 of the Health and Safety Code of the State of
California, or of Rule 51 of these Rules and Regulations.
(51.16) RULE 63 - GASOLINE LOADING AND STORAGE (Add new California State require-
ments).
All Storage tanks, equipment, facilities and provisions for the
loading and storage of gasoline, shall conform with the requirements
of Sections 39068.2, 39068.3, 39068.4 and 39068.5 of the California
Health and Safety Code and any future amendments thereto.
(51.1) RULE 64 - ORCHARD HEATERS (Add new California State requirements)
(a) No new orchard, vineyard or citrus heater produced or manufact-
ured shall be sold for use against frost damage unless it has
been approved by the California Air Resources Board.
(b) The continued use of orchard heaters that will not comply with
these regulations, will be permitted until 1 January 1975, if
' provisions of these regulations would preclude the use of such
heaters and be a serious ecomonic hardship to the owners or
operators of the heaters or the practical elimination of agri-
cultural operations now being carried out within the District
(H and S 24265.5). After 1 January 1975, all orchard heaters
shall be of a type which produces unconsumed solid carbonaceous
matter at a rate of not more than one (1) gram per minute.
Regulation V
Procedure Before the Hearing Board
(16.0) RULE 75 - GENERAL
This regulation shall apply to all hearings before the Hearing Board
of the Air Pollution Control District.
(16.0) RULE 76 - FILING PETITIONS
Requests for hearing shall be initiated as specified in the Health
and Safety Code by the filing of a petition with the Clerk of the
Hearing Board at the Humboldt County Air Pollution Control District,
5630 South Broadway, Eureka, California, 95501, and the payment of
the fee provided for in Rule 42 of these Rules and Regulations, after
service of a copy of the petition has been made on the Air Pollution
Control Officer at 5630 South Broadway, Eureka, California, 95501,
and one copy on the holder of the permit or variance, if any,
involved. Service may be made in person or by mail and service may
be proved by written acknowledgment of the person served or by the
affidavit of the person making the service.
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(16.0) RULE 77 - CONTENTS OF PETITIONS
Every petition shall state:
(a) The name, address, and telephone number of the petitioner or
other person authorized to receive service of notices.
(b) Whether the petitioner is an individual, co-partnership, corpor-
ation, and the names and addresses of the persons in control,
if other entity.
(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) The section or rule under which the petition is filed, that is,
whether petitioner desires a hearing:
(1) To determine whether a permit shall be revoked or suspended
permit reinstated under Section 24274, Health and Safety
Code of the State of California.
(2) For a variance under Section 24292, Health and Safety Code.
(3) To revoke or modify a variance under Section 24298, Health
and Safety Code.
(4) To review the denial or conditional granting of an authority
to construct, permit to operate or permit to sell or rent
under Rule 25 of these Rules and Regulations.
(f) Each petition shall be signed by the petitioner, or by some per-
son on his behalf, and where the person signing is not the peti-
tioner it shall set forth his authority to sign.
(g) Petitions for revocation of permits shall allege in addition the
rule under which permit was granted, the rule or section which
is alleged to have been violated, together with a brief statement
of the facts constituting such alleged violation.
(h) Petitions for reinstatement of suspended permits shall allege in
addition the rule under which the permit was granted, the request
and alleged refusal which formed the basis for such suspension,
together with a brief statement as to why information requested,
if any, was not furnished, whether such information is believed
by petitioner to be pertinent, and if so, when it will be furn-
ished.
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(i) All petitions shall be typewritten, double-spaced, on legal or
letter size paper, on one side of the paper only, leaving a mar-
gin of at least one inch at the top and left side of each sheet.
(5.0) RULE 78 - PETITIONS FOR VARIANCE
In addition to the matters required by Rule 77, petitions for vari-
ances 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 petitioner
from the 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 requiring compliance or resulting from granting a
variance.
(g) Whether or not operations under such variance, if granted, would
constitute a nuisance.
(h) Whether or not any case involving the same identical equipment
or process is pending in any court, civil or criminal.
(i) Whether or not the subject equipment or process is covered by a
permit to operate issued by the Air Pollution Control Officer.
(16.0) RULE 79 - APPEAL FROM DENIAL
A petition to review a denial or conditional approval of an authority
to construct, permit to operate or permit to sell or rent shall, in
addition to the matters required by Rule 77, set forth a summary of
the application or a copy thereof and the alleged reasons for the
denial or conditional approval and the reasons for appeal.
(16.0) RULE 80 - FAILURE TO COMPLY WITH RULES
The Clerk of the Hearing Board shall not accept for filing and peti-
tion which does not comply with these Rules relating to the form,
filing and service of petitions unless the chairman or any two mem-
bers of the Hearing Board direct otherwise and confirm such direction
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in writing. Such direction need not be made at a meeting of the Hear-
ing 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.
(16.0) RULE 82 - ANSWERS
Any person may file an answer within 10 days after service. All
answers shall be served in the manner prescribed for service of
petitions under Rule 76.
(16.0) RULE 83 - 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 inter-
ested persons of such dismissal.
(16.0) RULE 84 - PLACE OF HEARING
All hearings shall be held at the County Supervisors' Chambers, Hum-
boldt County Courthouse, Eureka, California, unless some other place
is designated by the Hearing Board.
(16.0) RULE 85 - 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 Sections 24275, 24295, or 24299, Health and
Safety Code.
(16.0) RULE 86 - EVIDENCE
(a) Oral evidence shall be taken only on oath or affirmation.
(b) Each party shall have these rights: To call and examine witnes-
ses; 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 wit-
ness regardless of which part 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.
(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
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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 would be admissable 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.
(16.0) RULE 87 - PRELIMINARY MATTERS
Applications for setting a date for a hearing, granting continuances,
approving petitions for filing, allowing amendments and other pre-
liminary rulings not determinative of the merits of the case may be
granted by the chairman or any two members of the Hearing Board ex
parte. Written notice of any action taken under this rule shall be
given to all parties by the party requesting the action.
(16.0) RULE 88 - OFFICIAL NOTICE
The Hearing Board may take official notice of any matter which may be°
judicially noticed by the courts of this state.
(16.0) RULE 89 - CONTINUANCES
The chairman or any two members of the Hearing Board shall grant any
continuance of 15 days or less, concurred in by the 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 ex parte. Written notice of any action
taken under this Rule shall be given to all parties by the party
requesting the action.
(16.0) RULE 90 - DECISION
The decision shall be in writing, served and filed within 30 days
after submission of the cause by the parties thereto and shall con-
tain 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.
(16.0) RULE 91 - EFFECTIVE DATE OF DECISION
The decision shall become effective 15 days after delivering or mail-
ing a copy of the decision, as provided in Rule 90, or the Hearing
Board may order that the decision shall become effective sooner.
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(16.0) RULE 95 - LACK OF PERMIT
(3.0)
The Hearing Board shall not receive or accept a petition for a vari-
ance for the operation or use of any article, machine, equipment or
other contrivance until a permit to operate has been granted or denied
by the Air Pollution Control Officer except under the following con-
ditions:
(a) An appeal from a denial of a permit to operate and a petition
for a variance may be filed with the Hearing Board in a single
petition.
(b) The Control Officer may petition the Hearing Board to grant a
variance or extension of initial compliance for any individual
operation or group of operations.
A variance granted by the Hearing Board after a denial of a permit to
operate by the Air Pollution Control Officer may include a permit to
operate for the duration of the variance.
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Regulation VI - Episode Procedures
This regulation is designed to prevent the excessive buildup of air con-
taminants during air pollution episodes and to avoid any possibility of a
catastrophe caused by toxic concentrations of air contaminants. Past
history indicates that the possibility of such a catastrophe is extremely
remote.
The Air Pollution Control Board deems it desirable to have ready an ade-
quate plan to prevent such an occurrence, and in case of the happening of
this unforeseen event, to provide for adequate actions to protect the
health of the citizens in the Air Pollution Control District.
(8.0) RULE 150 - GENERAL
Notwithstanding any other provisions of these rules and regulations, the
provisions of this regulation shall apply within the boundaries of the
Humboldt Bay Air Basin as described in Appendix A for the control of emis-
sions of air contaminants during any air pollution episode as provided
herein.
(8.0) RULE 151 - SAMPLING STATIONS
The Air Pollution Control Officer shall maintain atmospheric sampling sta-
tions adequately equipped at strategic locations known to give representa-
tive indications of impending episode conditions. The Air Pollution Con-
trol Officer may maintain such additional sampling stations as may be
necessary. These additional stations may be permanent, temporary, fixed,
or mobile, and may be activated upon orders of the Air Pollution Control
Officer.
(8.0) RULE 152 - DECLARATION OF AIR POLLUTION EPISODES
An air contaminant sampling network shall be actuated by a forecast of
stagnant atmospheric conditions by the local weather forecast station.
The Air Pollution Control Officer shall declare the appropriate episode
condition whenever the concentration of any air contaminant has been veri-
fied to have reached the standards set forth in the following table.
TOXIC AIR POLLUTANT LEVELS
IN MICROGRAMS PER CUBIC METER
(Based on 24 hour average values)
Alert Warning
Particulate Matter 250 500
Sulfur Oxides 800 1600
(0.3 ppm) (0.6 ppm)
Nitrogen Oxides 300 600
(C.15 ppm) (0.3 ppm)
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ALERT - The "Alert" level is that concentration of air pollutants at which
first stage control actions are to begin. An "Alert" will be declared
when any one of the above levels ts exceeded and meteorological conditions
are such that this condition can be expected to continue for twelve (12)
or more hours.
WARNING - The "Warning" level indicates that air quality is continuing to
degrade and that additional abatement actions are necessary.
EMERGENCY - An "Emergency" level will be declared when the "Warning" level
for a pollutant has been exceeded and the concentrations of the pollutant
are continuing to rise.
TERMINATION - Any status reached by application of the above criteria will
remain in effect until the criteria for that level are no longer met. At
such time the next lower status will be assumed.
(8.0) RULE 153 - NOTIFICATION OF EPISODE CONDITIONS
(a) Following the declaration of an air pollution episode, the Air
Pollution Control District shall communicate notification of the
condition to:
(1) The general public through the local news media.
(2) All fire districts within the boundaries of the Humboldt
Bay Air Basin as described in Appendix A.
(3) The office of Civil Defense and Disaster Relief of the Coun-
ty of Humboldt.
(4) Air polluting industrial plants and processes which require
notification to place in effect prearranged plans to reduce
the output of air contaminants.
(8.0) RULE 154 - ALERT ACTIONS
(a) All permits for open burning operations in the affected area
shall be immediately cancelled.
(b) The use of incinerators for the disposal of any form of solid
waste shall be limited to the hours between 11:00 a.m. and 5:00
p.m.
(c) All power generating facilities shall switch to natural gas or to
use of low sulfur fuels.
(8.0) RULE 155 - WARNING ACTIONS
(a) All permits for open burning operations in the affected area
shall be immediately cancelled.
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(b) The use of incinerators for the disposal of any form of solid or
liquid waste shall be prohibited.
(c) Persons operating motor vehicles shall be advised by the local
news media to restrict in any way possible all unneccessary oper-
ations.
(d) All industrial facilities shall be advised to cease, postpone, or
defer all operations leading to the creation of air contaminants.
(8.0) RULE 156 - EMERGENCY ACTIONS
(a) There shall be no open burning by any persons of solid wastes or
debris in any form,
(b) The use of incinerators for the disposal of any form of solid or
liquid waste shall be prohibited.
(c) All commercial and industrial establishments which are responsi-
ble for the release of air contaminants shall be advised to
immediately cease or curtail operations in accordance with pre-
determined emergency criteria.
(d) The Air Pollution Control Officer shall notify the Humboldt Coun-
ty Board of Supervisors of the emergency condition and request
that the necessary evacuation procedures be instituted by the
Office of Civil Defense
(8.0) RULE 157 - END OF EPISODE CONDITIONS
The Air Pollution Control Officer shall declare the termination of the
appropriate "Alert", "Warning" or "Emergency" whenever the concentration
of an air contaminant which caused the declaration of such a situation
has been verified to have fallen below the standards set forth in
Rule 152 for the calling of such episode and the available scientific
and meteorological data indicates that the concentration of such air
contaminant will not immediately increase again so as to reach the
standards set forth for such alert in Rule 152. The Air Pollution
Control Officer shall .Immediately communicate the declaration of the
termination of the episode condition to all persons that had been
notified under the procedures specified in 153.
(8.0) RULE 158 - ENFORCEMENT
When an "Alert", "Warning" or "Emergency" has been called, the Air
Pollution Control Officer, the Sheriff, Fire Chiefs, their deputies,
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and all other peace officers within the Basin shall enforce the
appropriate provisions of this Regulation and all orders of the
Air Pollution Control Board or the Air Pollution Control Officer made
pursuant to this Regulation against any person who having knowledge
of the declaration of such a situation, refuses to comply with the
rules set forth in this Regulation or any order of the Air Pollution
Control Board or the Air Pollution Control Qfficer made pursuant to
this Regulation.
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Appendix A
Humboldt Bay Air Basin
For use In these Rules and Regulations the Humboldt Bay Air Basin shall
be defined as all those portions of Humboldt County: bounded on the west
by the Pacific Ocean; bounded on the north and east by a line extending
from Rocky Point, six miles north of Trinidad, to the junction of Little
River and the Lower South Fork of Little River; thence due south to Tip
Top Ridge; thence southeasterly along Tip Top Ridge to the southernmost
summit of Tip Top Ridge north of Korbel, thence southeasterly along a line
extending from the southernmost point of Tip. Top Ridge to the lookout
station at laqua Buttes; bounded on the south and east by a straight line
extending from the lookout station at laqua Buttes to the Mt. Pierce look-
out station south of Scotia: bounded on the south by a line following
along the crest of Bear River Ridge from the Mt. Pierce lookout station
to the Pacific Ocean. All the landmarks and points of reference referred
to above and as shown on maps published by the State of California, De-
partment of Natural Resources, Division of Forestry, dated 1949.
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