U.S. DEPARTMENT OF COMMERCE
                                 NatiMal TtclMMCil Information Service
                                 PB-296 668
Air Pollution Regulations in State
Implementation Plans:  California,
Imperial  County

Abcor, Inc, Wilmington, MA  Walden Div
      * Of
Environmental  Protection Agency, Research  Triangle Park,  NC
Programs Development Div
Aug 78
Control

-------
                          PB  296658
United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standard*
Research Triangle Park NC 27711
August 1978
Air
Air  Pollution Regulations
in State Implementation
Plans:
California
       ,  REPRODUCED BY

       i NATIONAL TECHNICAL

       { INFORMATION SERVICE
       i  U. S. DEPARTMENT OF COMMERCE
       • •  SPRINGFIELD. VA. 22161

-------
TECHNICAL REPORT DATA
(Please read l*Urucrtont on the rtvene before completing)
1. REPORT NO.
EPA-450/3-78-054-11
2.
4. TITLE AND SUBTITLE
Air Pollution Regulations in State Implemer
•Plans: California Imperial 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
16. SUPPLEMENTARY NOTES
EPA Project Officer: Bob Schell, Control
3. RECIPIENT'S ACCESSION-NO.
P6> 2a&&£>$
6. REPORT DATE '
itatlon i Auqust 1978
6. PERFORMING ORGANIZATION CODE
8. PERFORMING ORGANIZATION REPORT RlO.
10. PROGRAM ELEMENT NO.
1<. (iONTRACT/GRANT NO.
68-02-2890
13. TYPE OF REPORT AND PERIOD COVERED
(J£ 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. Regulations which fall into one of the above
categories as of January 1,Hr978~, 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
a. DESCRIPTORS
Air pollution
Federal Regulations
Pollution
State Implementation Plans
18. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
EPA Form 2220-1 (9-73)
1
1
b. IDENTIFIERS/OPEN ENDED TERMS C. COSATI Field/Group

19. SECURITY CLASS ~£. ////C
Unclassified A- a ^ M^f


-------
                               EPA-450/a-78-054-11
     Air Pollution  Regulations
in State  Implementation Plans:
                   _M _ n _ij__ ___ ^%M ___
                  California
                    -m,-, -(
                        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 CO

-------
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-450/3-78-054-11
                                  ii

-------
                             INTRODUCTION

                                                               »
     This document has been produced in compliance with Section 110(h)(1)
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 1n 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 enforceabi1ity 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
                                    111

-------
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 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

-------
                                  SUMMARY SHEET
                                       OF

                         EPAAPPROVED REGULATION CHANGES
                              IMPERIAL COUNTY APCD
Submittal Date
Approval
    Description
  6/30/72
  7/25/77
  11/I0/76
 9/22/72
 8/22/77
 8/5/77
All Regs unless otherwise
specified.  Note:  Rule 114A,
116B are disapproved.

Agricultural Burning
Implementation Plan Rule
200-206

Rule 100,  114.5.  131.5,
148.D (3)

Note;  114.5, 148.D(3) are
       disapproved.

-------
                         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   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
                                           vi

-------
       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) • Participates
              (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

-------
                           TABLE  OF CONTENTS
IMPERIAL COUNTY
Revised Standard
Subject Index
(1.0)
(3.0)
(3.0)
(2.0)
(3.0)
Rule Number
100
101
102
103
104
Title
Definitions
Permits Required
Applications
Exemptions
Processing of
Page Number
1
3
3
4.
4
                                   Applications
(3.0)                  105         Standards  for Granting    5
                                   Applications
(9.0)                  106         Test Facilities           5
(2.0)                  107         Conditional Approval      5
(3.0)                  108         Posting  of Permit         5
(3.0)                  109         Denial of  Application     6
(2.0)                  110         Appeals                   6
(3.0)                  111         Permit Fees               6
(2.0)                  112         Annual Renewal            10
(50.1.2)                113         Opacity  of Emissions      10
(50.1)                 114         Quantity of Emissions     10
(51.13)                 115         Open Burning              10
(50.0)                 116         Specific Contaminants     10
(50.7)                 117         Nuisances                 n
(51.1)                 118         Frost Protection and      n
                                   Orchard  Heaters

-------
Revised Standard
Subject Index
(51.9)
(51.21)
(51.19)
(51.18)
(50.1.1)
(51.16)
(51.16)
(2.0)
(51.16)
(50.2)
(12.0)
(51.21)
(51.16)
(50.4)
(51.21)
(51.6)
(51.1)
(2.0)
(9.0)
Rule Number
119
120
120.1
120.2
121
122
123
124
125
126
127
128
129
130
130.2
131
131.5
132
133
Title Page
Incinerators
Scavenger Plants
Sulfur Recovery Units
Sulfuric Acid Units
Dust and Fumes
Storage of Petroleum
Products
Oil -Effluent Water
Separator
Circumvention
Gasoline Loading Into
Tank Trucks and Trailers
Sulfur Contents of Fuels
Gasoline Specifications
Reduction of Animal
Matter
Gasoline Loading into
Tanks
Organic Solvents
Disposal and Evaporation
of Solvents
Fuel Burning Equipment
Livestock Feed Yards
General
Sampling Stations
Number
11
11
12
12
13
14
15
15
15
16
17
17
18
19
21
21
22
23
23
                                       1x

-------
Revised Standard
Subject Index       Rule Number        Title             Page  Number
(9.0)                   134        A1r Sampling             23
(8.0)                   135        Declaration of Alerts     24
(8.0)                   136        Notification of  Alerts   24
(2.0)                   137        Radio Communication       25
                                   System
(8.0)                   138        First Alert Action        26
(8.0)                   139        Second Alert Action       27
(8.0)                   140        Third Alert              28
(8.0)                   141        End of Alert             28
(15.0)                  142        Enforcement              28
(2.0)                   143        Scientific  Committee      29
(8.0)                   144        Emergency Action         29
                                   Committee
(51.1)                  145        Agricultural  Burning      30
(2.0)                   146        Clearing Land            30
(2.0)                   147        County Dumps             30
(2.0)                   148        Miscellaneous Exceptions  30
(2.0)                   149        General                   31
(16.0)                  150        Petitions                31
(3.0)                   151        Contents of Petitions     31
(5.0)                   152        Petitions for Variances   32
(2.0)                   153        Supplemental  Information  32
(16.0)                  154        Matters  Initiated By      32
                                   Control  Officer  or
                                   Hearing Board
                                       x  -

-------
Revised Standard
Subject Index
(2.0)
(2.0)
(2.0)
(16.0)
(16.0)
(2.0)
(13.0)
(2.0)
(2.0)
(2.0)
(2.0)
(2.0)
(2.0)
(14.0)
(2.0)
(2.0)
(1.0)
(2.0)
(2.0)
(15.0)
(15.0)
Rule Number
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
200
201
202
203
204
Title
Answers
Withdrawal of
Application
Handling Preliminary
Matters
Time and Place of
Hearing
Notice of Hearing
Conti nuances
Record of Proceedings
Evi dence
Official Notice
Decisions
Violations
Control Officer
Air Pollution Control
Board
Public Records
SeverabHUy Clause
Legal Application
Definitions
Prohibitions
Exceptions
Penalty Clause
Enforcement Procedures
Page Number
32
33
33
33
33
33
33
34
34
34
35
35
35
35
35
35
36
37
38
38
39

-------
Revised Standard
Subject Index       Rule Number        Title             Page Number

(3.0)                  205         Burning Permit            40

(51.13)                206         Range Improvement         41
                                   Burning
                                    xii

-------
                                     GENERAL  PROVISIONS
        TITLE:
        These rules  and regulations  shall  be  known  as  the  rules and  regulations
        of the Imperial  County A1r Pollution  Control District.

(1.0)    RULE 100 - DEFINITIONS:

        Except where the context otherwise Indicates,  the  following  definitions
        shall govern the construction  of these rules and regulations:

            A.  AIR  CONTAMINANT means  smoke,  charred paper,  dust,  soot,  grime,
                carbon, noxious acids, fumes, gases, odors,  or  particulate
                matter, or any combination thereof.

            B.  ATMOSPHERE means the air that envelopes or surrounds the earth.
                When air pollutants  are emitted into or within  a  building,  such
                emission into or within the building shall be considered an emis-
                sion into the atmosphere unless the building is designed specifi-
                cally as a piece of  air pollution control  equipment.

            C.  BOARD means the Air  Pollution Control  Board of  the Imperial County
                Air  Pollution Control  District.

            D.  COMBUSTIBLE REFUSE means any solid or  liquid combustible waste
                material containing  carbon in a free or combined  state.

                D.I   Combustion contaminant means solid or liquid particles dis-
                     charged into the  atmosphere from  the  burning of any kind of
                     material containing carbon 1n a free  or combined state.

            E.  CONTROL OFFICER means  the Air Pollution Control Officer  of the
                Imperial County Air  Pollution Control  District.

            F.  DISTRICT means the Imperial County Air Pollution  Control District.

            G.  DUST means minute, solid particles released into  the air by
                natural forces or by mechanical processes  such  as crushing, grind-
                ing, milling, drilling, demolishing.

            H.  FUMES means small particles resulting  from chemical  reaction or
                from the condensation  of vapors produced  in combustion,  distilla-
                tion or sublimation.

            I.  HEARING BOARD means  the Hearing Board  of  the A1r  Pollution Control
                District of Imperial County.

            J.  INCINERATOR means any  furnace or similar  enclosed firechamber,
                                             -1-

-------
    with or without a draft control, used for burning refuse or
    other waste material and where the products of combustion are
    channeled through a flue.

K,  MULTIPLE-CHAMBER INCINERATOR means any article, machine, equip-
    ment, contrivance, structure or any part of a structure used to
    dispose of combustible refuse by burning, consisting of three or
    more refractory lined combustion furnaces in series, physically
    separated by refractory walls, interconnected by gas passage
    parts or ducts, and employing adequate design parameters necessary
    for maximum combustion of the material to be burned.

L.  OPEN OUTDOOR FIRE means complete or partial burning or smoldering
    of any combustible refuse or other material of any type, directly
    exposed to the atmosphere, whether or not enclosed in a fire-
    proof container, where the products of combustion are not chan-
    neled through a flue.

M.  PARTICULATE MATTER means any material, except uncombined water,
    which exists in a finely divided form as a liquid or solid at
    standard conditions.

N.  PERSON means any person, firm, association, organization, partner-
    ship, business trust, corporation, company, contractor, supplier,
    installer, user or owner, or any state or local government agency
    or public district or any officer or employee thereof.

0.  ORCHARD OR CITRUS GROVE HEATER means any article, machine, equip-
    ment, or other contrivance, burning any type of fuel, capable of
    emitting air contaminants, used or capable of being used for the
    purpose of giving protection from frost damage.  Contrivances
    commonly known as wind machines are not included.

P.  RESIDENTIAL RUBBISH means refuse originating from residential uses
    and includes, but is not restricted to wood, paper, cloth, card-
    board, tree trimmings, leaves, lawn clippings, and dry plants.

Q.  RULE means a rule of the Air Pollution Control District of
    Imperial County.

R.  STANDARD CONDITIONS means a gas temperature of 60 degrees Fahren^
    heit and a gas pressure of 14.7 pounds per square inch absolute.
    Results of all analyses and tests shall be calculated or reported
    at this gas temperature and pressure.

S.  VARIANCE means an authorization by the Hearing Board to permit
    some act contrary to the requirements specified by these rules
    and regulations.

T.  PROCESS WEIGHT PER HOUR.  "Process weight" is the total weight of
                                  -2-

-------
                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
                process  weight per  hour"  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.

            U.   LIVESTOCK  FEED YARD means a lot, fenced area, or facility used
                for  the  feeding  or  holding of more than ten (10) cattle, except
                for  grazing land as defined below.

            V.   GRAZING  LAND refers to open range.or fenced fields where animals
                feed on  crops  or grasses  which grow naturally or are planted.

            W.   MANURE means the accumulated animal excrement in or around a live-
                stock feed yard  that does not undergo decompositon as would occur
                on open  grazing  land or natural habitat.  This definition includes
                feces or urine which may  be mixed with bedding materials, with
                spilled  feed or  with soil.


                                          PERMITS


(3.0)    RULE 101 - PERMITS REQUIRED:

            A.   AUTHORITY  TO CONSTRUCT .

                Each person building,  erecting, altering or replacing any article,
                machine, equipment  or  contrivance, the use of which may emit or
                control  air contaminants, shall first obtain written authoriza-
                tion for such  construction from the Control Officer.

            B.   PERMIT TO  OPERATE

                Subject  to the exemptions contained in Rule 103 of this part, each
                person who uses  or  operates any article, machine, equipment, or
                other contrivance that emits air contaminants is required to have
                a permit.   A single permit to operate may be issued for all com-
                ponents  of an  integrated  system or process.

(3.0)    RULE 102 - APPLICATIONS:

        Any person requiring a permit  shall file an application in the form pre-
        scribed by the Control Officer containing the following:

            A.   The  applicant's  name and  address.
                                              -3-

-------
            B.   A description of the article,  machine,  equipment  or  contrivance
                which emits air contaminants.

            C.   The name and address of any business  in which  the article  so
                causing the emission is used.

            D.   A description of the nature of such business.

            E.   Such additional  information as may be required by the  Control
                Officer.

(2.0)    RULE 103 - EXEMPTIONS;

        Operation of the following articles are exempted from  the permit require-
        ments of this part:

            A.   Vehicles as defined by the Vehicle Code of  the State of California
                and aircraft.

            B.   Equipment utilized exclusively in  connection with any  structure
                designed for and used exclusively  as  a  dwelling for  not more than
                four families.

            C.   Comfort air conditioning or comfort ventilating systems which are
                not designed to remove air contaminants generated or released from
                specific units  or equipment.

            D.   Equipment used exclusively for space  heating,  other  than boilers.

            E.   Equipment used  for the purpose of  preparing food  for immediate
                human consumption on the premises.

            F.   Agricultural equipment used in the preparation of land and for
                the planting, tillage and harvesting  of crops.

            G.   Construction and maintenance equipment  used in grading, leveling,
                paving, or other similar operations.

(3.0)    RULE 104 - PROCESSING OF APPLICATIONS;

        Within  thirty (30) days after receipt  of application for  permit, or within
        thirty  (30) days after the applicant furnishes  the  necessary information,
        whichever is later, the Control Officer shall give  applicant written
        notice  of approval or denial.  If no action is  taken within  thirty (30)
        days after receipt of an application,  the  application  shall  be deemed
        denied.   If a permit is denied, the applicant may file a  new application
        when the reasons for the denial have been removed or corrected.
                                              -4-

-------
(3.0)    RULE 105 -  STANDARDS  FOR  GRANTING APPLICATIONS:

            A.   The Control Officer  shall deny a permit if the applicant does not
                show that every article, machine, equipment, or contrivance, the
                use of which  may  cause  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 these rules.

            B.   The Control Officer, after  considering all information available
                about existing air quality, meteorological information that may
                affect the air quality, information about the emission of air
                contaminants  from existing  source operations, information about
                emission  of air contaminants from the proposed new source opera-
                tion, shall deny  an  authority to construct, erect, alter or
                replace any facility, building, article, machine, equipment or
                other contrivance, or an authority to operate any facility, build-
                ing, article, machine,  equipment, or other contrivance, the use
                of  which  may  cause the  emission of air contaminants if any air
                quality standard  adopted by the California Air Resources Board or
                the Environmental Protection Agency for any air contaminant from
                the proposed  new  source is  exceeded in the vicinity in which it
                is  proposed to be located.

(9.0)    RULE 106 -TEST FACILITIES;

            A.   The Control Officer  may require any person 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 contaminants discharged into the
                atmosphere from the  article, machine, equipment or other contri-
                vance described in an application.

            B.   The Control Officer  shall prepare, by January 1, an annual report
                indicating results of emission and ambient tests conducted with an
                indication of to  what extent, if any, emission standards were
                violated. This annual  report shall be available to the public at
                the Air Pollution Control District Headquarters.

(2.0)    RULE 107 -  CONDITIONAL APPROVAL:

        The Control  Officer may issue a permit subject to conditions which will
        bring the operation of any article, machine, equipment, or contrivance
        within  the  standards  established by these rules.  All conditions imposed
        hereunder shall be specified in writing on the permit.

(3.0)    RULE 108 r  POSTING OF PERMIT;

        A person who has  been granted a permit to operate any article, machine,
        equipment,  or other contrivance described in Rule 101 of this part, shall
                                             -5-

-------
        firmly affix such permit,  an  approved facsimile,  or  other  approved  identi-
        fication bearing  the  permit number upon  the  article, machine, equipment,
        or other contrivance  in  such  a  manner as to  be  clearly  visible and  acces-
        ible.   In the event that the  article, machine,  equipment,  or other  con-
        trivance is  so constructed or operated 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 maintained  readily  available at all
        times  on the operating premises.

(3.0)    RULE 109 - DENIAL OF  APPLICATION;

        In the event of the denial  of a permit,  the  Control  Officer shall notify
        the applicant in  writing of the reasons  therefor.  Service of this  noti-
        fication may be made  in  person  or by mail.   The Control Officer shall not
        accept a further  application  unless the  applicant has complied with the
        objections specified  by  the Control Officer  as  his reasons for denial of
        the permit.

(2.0)    RULE 110 - APPEALS;

        Within ten (10) days  after notice, by the Control  Officer, of denial or
        conditional  approval  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  as  required by Rules 149 through 164  may sustain,
        modify or reverse the action  of the Control  Officer.

(3.0)    RULE m - PERMIT FEES:

        Every  applicant,  except  any state or local governmental agency or public
        district, for an  authority to construct  or a permit  to  operate any  article,
        machine, equipment or other contrivance, for which an authority to  con-
        struct or permit  to operate is  required  by the  state law or the rules and
        regulations  of the Air Pollution Control District, shall pay a filing fee
        of $10.  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 permit to operate had previously
        been granted under Rule  101 and no alteration or  addition  or transfer of
        location has been made.   The  applicant shall pay  only a $10 filing  fee.

        Every applicant,  except  any state or local governmental agency or  public
        district, for a permit to operate, who files an application with  the Air
        Pollution Control Officer, shall, in addition to  the filing fee prescribed
        herein, pay  the fee for  the issuance of a permit  to  operate in the  amount
        prescribed in the following schedules, provided,  however,that the  filing
        fee shall be applied  to  the fee prescribed for  the issuance of the  permit
        to operate.

        If an application for an authority to construct or a permit to operate  is
        cancelled, or if an authority to construct or a permit  to  operate  is
                                             -6-

-------
denied and such dental becomes final9 the filing fee required herein shall
not be refunded nor applied to any subsequent application.

When an application is filed for a permit to operate any article, machine,
equipment or other contrivance by reason of transfer of location or trans-
fer from one person to another, or both, and where a permit to operate
had previously been granted for such equipment under Rule 101 and an
alteration or addition has been made, the applicant shall be assessed a
fee based upon the increase in total  horsepower rating, the increase in
total fuel consumption expressed in thousands of British Thermal Units
(BTU) per hour, the Increase in total electrical energy rating, the
increase in maximum horizontal inside cross sectional area or the increase
in total stationary container capacity resulting from such alterations or
additions, as described in the fee schedules contained herein.  Where the
application is for transfer of location and no alteration or addition has
been made, the applicant shall pay only a filing fee of $10.

Where an application is filed for an authority to construct or a permit to
operate exclusively involving revisions to the conditions of an existing
permit to operate or involving alterations or additions resulting in a
change to an existing article, machine, equipment or other contrivance
holding a permit under the provisions of Rule 101 of these rules and regu-
lations, the applicant shall be assessed a fee based upon the increase in
total horsepower rating, the increase in total fuel consumption expressed
in thousands of British Thermal Units (BTU) per hour, the increase in
total electrical energy rating, the increase 1n maximum horizontal inside
cross sectional area or the increase In total stationary container capa^
city resulting from such alterations or additions, as described in the fee
schedules contained herein.  Where there is no change or is a decrease in
such ratings, the applicant shall pay only the amount of the filing fee
required herein.

After the provisions for granting permits as set forth in Chapter 2, Divi-
sion 20, of the Health and Safety Code and the rules and regulations have
been complied with, the applicant shall be notified by the Air Pollution
Control Officer, in writing, of the fee to be paid for issuance of the
permit to operate.  Such notice may be given by personal service or by
deposit, postpaid, in the United States mail and shall serve as a temporary
permit to operate for 30 days from the date of personal service or mailing,
Nonpayment of the fee within this period of time shall result in the auto-
matic cancellation of the application.

In the event that more than one fee schedule 1s applicable to a permit to
operate, the governing schedule shall be that which results in the higher
fee.

In the event that a permit to operate is granted by the Hearing Board
after denial by the A1r Pollution Control Officer or after the applicant
deems his application denied, the applicant shall pay the fee prescribed
in the following schedules within 30 days after the date of the decision
                                      -7-

-------
of the Hearing Board.  Nonpayment of the fee within this period of time
shall result in automatic cancellation of the permit and the application.
Such a fee shall not be charged for a permit to operate granted by the
Hearing Board for the duration of a variance.

A request for a duplicate permit to operate shall be made in writing to
the Air Pollution Officer within 10 days after the destruction, loss or
defacement of a permit to operate.  A fee of $2.00 shall be charged,
except to any state or local governmental agency or public district, for
issuing a duplicate permit to operate.

It is hereby determined that the cost of issuing permits and of inspec-
tions pertaining to such Issuance exceeds the fees prescribed.

The annual renewal fee for a permit to operate shall be the same as an
initial permit fee under current fee schedules.  If the renewal fee is
not paid within 30 days after 1t becomes due, the fee shall be increased
by one-half the amount thereof, and the Air Pollution Control Officer
shall thereupon promptly notify the permittee by mail of the increased fee.
If the increased fee is not paid within 30 days after such notice, the
permit shall be automatically revoked.


1.  FILING FEES;

    AGRICULTURAL BURNING  	  -NO FEE

    NON-AGRICULTURAL (OTHER THAN TESTING, FIRING & CLEANING)
    1/2 PERMIT TO OPERATE FEE

    NON-AGRICULTURAL TESTING, FIRING & CLEANING	-. . .  . NO FEE

2.  DUPLICATE PERMITS 	 $2.00

3.  PERMIT TRANSFER FEES:  SINGLY OR FIRST IN SERIES	 . .  - 10.00

                           EACH ADDITIONAL PERMIT IN SERIES . . .  ..  5.00
                                     -8-

-------
4.  PERMIT TO OPERATE
FEE
15
25
50
75
100
150
200
250
HP
0 to
24
25 to
49
50 to
99
100 to
199
200 to
399
400 to
799
800 to
1599
1600-UP
1000 BTU
0 to
189
150 to
399
400 to
649
650 to
1449
1500 to
2499
2500 to
4999
5000 to
14999
15000-UP
KVA
0 to
41
45 to
144
145 to
449
450 to
1449
1450 to
4499
4500 to
14499
14500 OR UP

SO FEET
0-5
6-10
11-15
16-25
26-50
51-100
100 OR UP

GALLONS
0-5,000 MISC
5,001 to
20,000
20,001
50,000
50,001 to
100,000
100,001
500,000
500,001 to
1,000,000
1,000, 001 -UP

HP - Total rated horsepower of all electric motors

1000 BTU - Thousands of British Thermal Units per hour, using gross heat-
           ing values of fuel.

KVA - Total kilovolt ampere ratings of electrical energy, except electric
      motors.

Sq. Feet - Maximum inside cross sectional area of primary combustion
           chamber.

Gallons - Capacity in gallons or cubic equivalent.

Misc - Any article, machine, equipment or contrivance not in other
       schedules, and the Air Pollution Control  Officer shall notify the
       Permitee by mail.
                                    -9-

-------
(2.0)    RULE 112 -  ANNUAL  RENEWAL;

         A permit issued  pursuant  to  these rules  is good for the calendar year for
         which it is issued.   If the  article, machine, equipment or contrivance
         for which a permit is  issued is  to continue in use or operation, a new
         permit must be issued  for each calendar year, or part thereof, during
         which said  article is  in  operation.

(50.1.2) RULE 113 -  OPACITY OF  EMISSIONS;

             A.   No  person  shall release  or discharge into the atmosphere from any
                 existing source of emission whatsoever, any air contaminant for a
                 period or  periods aggregating more than three (3) minutes in any
                 hour which is:

                 1.   As dark or darker in shades as that designated as No. 2
                     Ringlemann Chart as  published by the United States Bureau of
                     Mines, or

                 2.   Of such opacity  as to obscure an observer's view to a degree
                     equal  to or greater  than does smoke described in subsection 1
                     above.

             B.  No  person  shall release  or discharge into the atmosphere from any
                 single source  of  emission whatsoever constructed after July 1,
                 1972, any  air  contaminant for a period or periods aggregating more
                 than three (3) minutes   in any one hour which is:

                 1.   As dark.or darker in shade than No. 1 on the Rinqlemann Chart
                     as published  by  the  United States Bureau of Mines; or
                     Of  such opacity as to obscure an observer's view to a degree
                     equal  to or greater than does smoke described in subsection 1
                 2.

                    above.

(50.1)    RULE  114 -  QUANTITY OF EMISSIONS;
         No person,  after  July  1,  1972, shall build, erect, install, or expand a
         single  processing  unit source consisting of any article, machine, equip-
         ment  or other  contrivance which emits dust, fumes, or particulate matter
         in excess of 0.2  grains per cubic foot of gas, or equivalent metric
         measurement, at standard  conditions.

(51.13)  RULE  115   OPEN BURNING;

         No person shall,  after December 31, 1971, use an open outdoor fire for the
         purpose of  disposal of petroleum wastes, demolition debris, tires, tar,
         trees,  wood waste, or  other combustible or flammable solid or liquid waste,
         or for  metal salvage or burning of automobile bodies or parts thereof.

(50.0)    RULE  116 -  SPECIFIC CONTAMINANTS;


             A.   No  person shall  discharge  into  the atmosphere  from any single
                 source of emission,  sulfur compounds, calculated  as sulfur
                 dioxide (S0?)  in  excess  of 0.2  percent  by  volume, measured
                 at  point  of^discharge.
                                             -10-

-------
            B.   No person shall  discharge Into the atmosphere  from  any  single
                source of emission,  constructed after July 1,  1972,  any combustion
                contaminants exceeding in concentration  at the point of discharge
                of 0.2 grains per cubic foot of gas calculated to 12 percent of
                carbon dioxide (CO?) at standard conditions, except during  the
                start of an operation; or change in energy source,  during the
                time necessary to bring the combustion process up to operating
                level.  In measuring the combustion contaminants from incinerators
                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 (C02).

(50.7)  RULE 117 - NUISANCES;

        No person shall  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.

(51.1)  RULE 118 - FROST PROTECTION  AND ORCHARD HEATERS;

            A.   The burning of rubber tires or any rubber products  in any combus-
                tion process in connection with frost protection is hereby  pro-
                hibited.  Open fires in orchards or citrus groves are prohibited
                except that the use  of commercially prepared charcoal briquettes
                or similar substances designed for the purpose is permitted.

            B.   No person shall  erect, alter, replace, operate or use any orchard
                or citrus grove heater which produces unconsumed solid  carbon-
                aceous matter at the rate of more than one gram per minute.
                (This provision shall  not become effective until the 61st day
                following adjournment of the 1972 regular session of the legisla-
                ture.)

(51.9)  RULE 119 - INCINERATORS;

        No person shall  operate any  incinerator other than multiple-chamber
        incinerators or other incinerator previously certified by the Control
        Officer to be as effective as a multiple-chamber incinerator for the pur-
        pose of air pollution control.

(51.21)   RULE 120 - SCAVENGER PLANTS;

         Where  a separate source of  air pollution is a scavenger or recovery plant,
         recovering pollutants which would otherwise be  emitted to  the  atmosphere
         the Air Pollution Control Officer may grant a permit  to operate where the
                                             -11-

-------
        total  emission of pollutants is substantially less  with the plant in
        operation than when closed,  even though the concentration  exceeds that
        permitted by Rule 116 A.   The Air Pollution Control  Officer shall  report
        immediately in writing to the Air Pollution Control  Board  the  granting
        of any such permit together  with the facts  and reasons  therefor.

(51.19)  RULE 120.1  - SULFUR RECOVERY UNITS:

        A person shall not discharge into the atmosphere  from any  sulfur  recovery
        unit producing elemental  sulfur, effluent process gas containing  more
        than:

            1.   500 parts per million by volume of  sulfur compounds calculated  as
                sulfur dioxide.

            2.   10 parts per million by volume of hydrogen  sulfide.

        Any sulfur recovery unit  having an effluent process gas discharge contain-
        ing less than 10 pounds per  hour of sulfur  compounds calculated as sulfur
        dioxide may dilute to meet the provisions of number (1) of this Rule.

(51.18)  RULE 120.2 - Sulfuric Acid Units :

        A person shall not discharge into the atmosphere  from any  sulphuric acid
        unit,  effluent process gas containing more  than 500 parts  per  million by
        volume of sulfur compounds calculated as sulfur dioxide.
                                             -12-

-------
(50.1.1)RULE 121  - DUST AND FUMES;

        No person shall  discharge in any one hour from any source whatsoever dust
        or fumes  1n total  quantities in excess of the amount shown in the follow-
        ing table:
                                        TABLE

                                       j    Me.
        Wt/Hr(Lbs)  Disch/Hrdbs)  Wt/Hr(Lbs)  Disc'h/Hr(Lbs)  Ht/Hr(Lbs)  b'isch'/Hrd'bs)
*Process    Max.Weight   *Process    Max.Weight   *Process    Max.Weight
50
100
150
200
250
300
350
400
450
500
550
600
650
700
750
800
850
900
1000
1100
1200
1300
1400
1500
1600
1700
1800
1900
2000
.24
.46
.66
.85
1.03
1.20
1.35
1.50
1.63
1.77
1.89
2.01
2.12
2.24
2.34
2.43
2.53
2.62
2.80
2.97
3.12
3.26
3.40
3.54
3.66
3.79
3.91
4.03
4.14
2100
2200
2300
2400
2500
2600
2700
2800
2900
3000
3100
3200
3300
3400
3500
3600
3700
3800
3900
4000
4100
4200
4300
4400
4500
4600
4800
4900
5000
4.14
4.34
4.44
4.55
4.64
4.74
4.84
4.92
5.02
5.10
5.18
5.27
5.36
5.44
5.52
5.61
5.69
5.77
5.85
5.93
6.01
6. 08
6.15
6.22
6.30
6.45
6.52
6.60
6.67
5500
6000
6500
7000
7500
8000
8500
9000
9500
10000
11000
12000
13000
14000
15000
16000
17000
18000
19000
20000
30000
40000
50000
60000
or
more



7.03
7.37
7.71
8.05
8.39
8.71
9.03
9.36
9.67
10.0
10.63
11.28
11.89
12.50
13.13
13.74
14.36
14.97
15.58
16.19
22.22
28.3
34.3
40.0





                                            -13-

-------
        (TABLE CONT'D)

        To use the previous  table,  take  the  process weight per  hour as such is
        defined in Rule  100.   Then  find  this figure.on  the table, opposite which
        is the maximum number of pounds  of contaminants which may be discharged
        into the atmosphere  in any  one hour. As  an example, if "A" has a process
        which emits contaminants into the  atmosphere and which  process takes 3
        hours to complete, he will  divide  the weight of all materials in the
        specific process, in  this example, 1,500  Ibs. divided by 3 giving a pro-
        cess weight per  hour  of 500 Ibs.   The table shows the "A" may not dis-
        charge more than 1.77 Ibs.  in any  one hour during the process.  Where the
        process weight per hour falls between figures in the left hand column,
        the exact weight of  permitted discharge may be  interpolated.

(51.16)  RULE 122 - STORAGE OF PETROLEUM  PRODUCTS;

        A person shall not place, store  or hold in any  stationary tanks, 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 designated and equipped with one of the following
        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 gasoline or  petroleum distil-
                late 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 hydrocar-
                bon vapors and gases so  as to prevent their emission to the atmos-
                phere and with all  tank  gauging and sampling devices gas-tight
                except whefi  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.
                                             -14-

-------
(51.16)  RULE  123  -  OIL-EFFLUENT WATEQlgARATOR:

        A person  shall  not  use any compartment of any single or multiple compart-
        ment  oil-effluent water separator which compartment receives effluent
        water containing 200 gallons a day or more of any petroleum product or
        mixture of  petroleum products from any equipment processing, refining,
        treating, storing or handling kerosene or other petroleum product of equal
        or greater  volatility than kerosene, unless such compartment is equipped
        with  one  of the following vapor  loss control devices, properly installed,
        in good working order and in operation:

           A.  A solid cover with all openings sealed and totally enclosing the
               liquid  contents.  All gauging and sampling devices shall be gas-
               tight except when gauging or sampling is taking place.

           B.  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 container wall.  All gauging and sampling devices shall
               be  gas-tight except when gauging or sampling is taking place.

           C.  A vapor recovery system, consisting of a vapor gathering system
               capable of  collecting the hydrocarbon vapors and gases dis-
               charged and a vapor disposal system capable of processing such
               hydrocarbon 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.

(2.0)    RULE  124  -  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 atmosphere,
        reduces or  conceals an emission  which would otherwise constitute a viola-
        tion  of Division 20, Chapter 2 of the Health and Safety Code of the State
        of California 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 Rules 145-148 of
        these rules and regulations.

 (51.16)RULE  125  -  GASOLINE LOADING INTO TANK TRUCKS AND TRAILERS:

        A person  shall  not  load gasoline into any tank truck or trailer from any
        loading facility unless such loading facility is equipped with a vapor
        collection  and  disposal system or its equivalent, properly installed, in
        good  working order  and in operation.

        When  loading is effected through the hatches of a tank truck or trailer
        with  a  loading  arm  equipped with a vapor collecting adaptor, a pneumatic,
                                         -15-

-------
       hydraulic or other mechanical  means shall  be provided to  force  a  vapor-
       tight seal between the adaptor and the hatch.   A means shall  be provided
       to prevent liquid gasoline drainage from the loading device when  it is
       removed from the hatch of any  tank truck or trailer, or to accomplish
       complete drainage before such  removal.

       When loading is effected through means other than hatches, all  loading
       and vapor lines shall  be equipped with fittings which make vapor-tight
       connections and which  close automatically when disconnected.

       The vapor disposal portion of  the system shall consist of one of  the
       following:

           A.   A vapor-liquid absorber system with a  minimum recovery  efficiency
               of 90 percent  by weight of all the hydrocarbon vapors and gases
               entering such  disposal  system.

           B.   A variable vapor space tank, compressor, and fuel  gas system of
               sufficient capacity to receive all  hydrocarbon vapors and gases
               displaced from the tank trucks and trailers  being loaded.

           C.   Other equipment of at  least 90 percent efficiency, provided such
               equipment is submitted to and approved by the Air Pollution
               Control Officer.

       This rule shall not apply to the loading of gasoline into tank  trucks and
       trailers from any loading facility from which  not more than 20,000 gallons
       of gasoline are loaded in any  one day.

       For the purpose of this rule,  any petroleum distillate having a Reid vapor
       pressure of four pounds or greater shall be included by the term
       "gasoline."

       For the purpose of this rule,  "loading facility" means any aggregation or
       combination of gasoline loading equipment which is both (1) possessed by
       one person, and (2) located so that all  the gasoline loading  outlets for
       such aggregation or combination of loading equipment can  be encompassed
       within  any circle of 300 feet  in diameter.

(50.2)  RULE 126 - SULFUR CONTENTS OF  FUELS:

       A person shall  not burn any gaseous fuel containing  sulfur compounds in
       excess  of 50 grains per 100 cubic feet of gaseous fuel, calculated as
       hydrogen sulfide at standard conditions, or any liquid fuel or  solid fuel
       having  a sulfur content 1n excess of 0.5 percent by  weight.

       The provisions  of this rule shall  not apply to:

           a.   The burning of sulfur,  hydrogen  sulfide, acid sludge  or other
               sulfur compounds in the manufacturing  of sulfur compounds.
                                        -16-

-------
            b.  The  incinerating of waste gases provided that the gross heating
               value  of such  gases is  less than 300 British Thermal Units per
               cubic  foot  as  a standard condition and the fuel used to inciner-
               ate  such waste gases  does not contain sulfur or sulfur compounds
               in excess of the amount specified in this rule.

            c.  The  use  of  solid fuels  in any metallurgical process.

            d.  The  use  of  fuels where  the gaseous products of combustion are used
               as raw materials for  other processes.

            e.  The  use  of  liquid  or  solid fuel to propel or to test any vehicle,
               aircraft, missile, locomotive, boat or ship.

            f.  The  use  of  fuel with  higher sulfur content where the process
               conditions  or  control equipment remove sulfur compounds from the
               stack  gases to the extent that the emission of sulfur compounds
               to the atmosphere  is  not greater than that which would be emitted
               by using a  fuel which complies with the provisions  of this rule.

        Every holder of, and every application for a permit to operate fuel burning
        equipment under  these  rules and regulations shall notify the Air Pollution
        Control Officer  in  the manner and form prescribed by him of each interrup-
        tion in and  resumption of  the delivery of gaseous fuel to his equipment.

        It shall  not be  a violation of  this rule to burn fuel not permitted by
        this rule when other fuel  which complies with this rule cannot be used
        due to accident, strike, sabotage, act of God, or the failure of the
        supplier.

(12.0)   RULE 127  - GASOLINE SPECIFICATIONS;

            A.  A person shall not, after Dec. 31, 1971, sell or supply for use
               within the  district as  a fuel  for motor vehicles as defined by the
               vehicle  code of the State of  California, gasoline having a degree
               of unsaturation greater than  that indicated by a Bromine number
               of 30  as determined by  ASTM method D1159-57T modified by omission
               of the mercuric chloride catalyst.

            B.  For  the  purpose of this rule,  the term  "gasoline" means any petro-
               leum distillate having  a Reid vapor pressure of more than four
               pounds.

(51.21)  RULE 128  - 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 contrivance are:
                                             -17-

-------
             A.   Incinerated at temperatures  of not less  than  1200  degrees
                 Fahrenheit for a  period of not less than 0.3  seconds, or

             B.   Processes in such a  manner determined  by the  Air Pollution
                 Control  Officer to be  equally, 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
        specified in the  authority to construct or permit to operate  or as speci-
        fied 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, dehydrating,  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.

(51.16)  RULE 129 - GASOLINE LOADING INTO TANKS;

        A person shall not after December 31, 1971, load  or permit  the loading of
        gasoline into any stationary  tank with a capacity of 250 gallons or more
        from any tank truck or trailer, except through  a  permanent  submerged  fill
        pipe, unless such tank is  equipped with vapor loss control  device as
        described in Rule 122, or  is  a  pressure tank as described in  Rule 122.

        The provisions of the first paragraph of this rule shall not  apply to the
        loading  of gasoline into any  tank having a capacity of less than 2.000
        gallons  which was installed prior to  the date of  adoption of  this rule nor
        to any underground tank installed prior to the  date of adoption of this
        rule where the fill line between the  fill  connection and tank is offset.

        Any person operating or using any gasoline tank with a capacity of 250
        gallons  or more installed  prior to the date of  adoption of  this rule  shall
        apply for a permit to operate such tank before  December 31, 1971.

        A person shall not install any  gasoline tank with a capacity  of 250
        gallons  or more unless such tank is equipped as described in  the first
        paragraph of this rule.

        For the  purpose of this rule, the term "gasoline" is defined  as any petro-
        leum distillate having a Reid vapor pressure of four pounds or greater.

        For the  purpose of this rule, the term "submerged fill pipe"  is defined as
        any fill pipe the discharge opening of which is entirely submerged when
        the liquid level  is six (6) inches above the bottom of the  tank.
                                             -18-

-------
        "Submerged fill  pipe" when applied.to a tank which is loaded from the
        side is  defined  as  any  fill  pipe the discharge opening of which is
        entirly  submerged when  the liquid  level is 18 inches above the.bottom of
        the tank.

        The provisions.of this  rule  do not apply to any stationary tank which is
        used primarily for  the  fueling of  implements of husbandry, as such
        vehicles are defined  in Division 16  (Section 3600. et. seq.) of the
        vehicle  code.

(50.4)   RULE 130 - ORGANIC  SOLVENTS;

            A.   A person shall  not discharge more than 15 pounds of organic mater-
                ials into the atmosphere in any one day 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, heat-cured or heat-polymerized, in the presence
                of oxygen,  unless all organic materials discharged from such arti-
                cle, machine, equipment or other contrivance have been reduced by
                at least 85 percent  overall or to not more than 15 pounds in any
                one day.

            B.   A person shall  not discharge more than 40 pounds of organic mater-
                ial into the atmosphere in any one day from any article, machine,
                equipment or other contrivance used under conditions other than
                described in Section "A",  for employing, applying, evaporating or
                drying any  photochemically reactive solvent, as defined in Section
                "K", or  material containing such solvent, unless all organic
                materials discharged from  such article, machine, equipment or
                other contrivance have been reduced either by at least 85 percent
                over-all or to  not more than 40 pounds in any one day.

            C.   Any series  of articles, machines, equipment or other contrivances
                designed for  processing a  continuously moving sheet, web, strip or
                wire which  is subjected to any combination of operations described
                in Sections "A" or "B" involving any photochemically reactive
                solvent, as defined  in Section "K", or material containing such
                solvent, shall  be subject  to compliance with Section "B".  Where
                only non-photochemically reactive solvents or material containing
                only non-photochemically reactive solvents are employed or applied,
                and where any portion or portions of said series of articles,
                machines, equipment  or other contrivances Involves operation des-
                cribed in Section "A", said portions shall be collectively subject
                to compliance with Section "A".

           .D.   Emissions of organic materials to the atmosphere from the clean-up
                with photochemically reactive solvents, as defined 1n Section "K",
                of any article, machine, equipment or other contrivance described
                1n Section  "A", "B",  or "C", shall be Included with the other
                emissions of organic materials from that article, machine, equip-
                                             -19-

-------
    ment or other contrivance for determining compliance with this
    rule.

E.  Emissions of organic materials to the atmosphere as a result of
    spontaneously continuing drying of products for the first 12
    hours after their removal from any article, machine, equipment
    or other contrivance described in Sections "A", "B" or "C",  shall
    be included with other emissions of organic materials from that
    article, machine, equipment or other contrivance for determining
    compliance with this rule.

F.  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 is oxidized to
        carbon dioxide, or

    2.  Absorption, or

    3.  Processing in a manner determined by the Air Pollution Control
        Officer to be not less effective than "1"  or "2" above.

G.  A person incinerating, absorbing, 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.

H.  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 properties and
    amount consumed for each organic solvent used.

I.  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 other requirements are specified
        by Rules 122, 123, 125 and 129, or which are exempt from air
        pollution control requirements by said rules.

    3.  The spraying or other employment of insecticides, pesticides
        or herbicides.
                                   -20-

-------
                4.  The employment, application, evaporation or drying of
                   saturated halpgenated hydrocarbons or perch!oroethylene.

            J.   For the purpose 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.

            K.   For the purpose of this rule, a photochemically reactive solvent
                is any 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 com-
                position 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;

                3.  A  combination of ethylbenezene, ketones having branched hydro-
                   carbon  structures, or toluene:  20 percent.

(51.21)  RULE 130.2 - 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
        130(k),  or of  any material containing more than 1-1/2 gallons of any such
        photochemically reactive solvent by any means which will permit the evap-
        oration  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.

 (51.6)  RULE 131 - FUEL BURNING EQUIPMENT;

        A person shall not  build, erect, install or expand any non-mobile fuel
        burning  equipment unit within Imperial County unless the discharge  into
        the atmosphere of contaminants will not and does not exceed any one or
        more of  the following rates:

            A.   200 pounds per hour of sulfur compounds, calculated as sulfur
                 dioxide (S02);

            B.   140 pounds per hour of nitrogen oxides, calculated as nitrogen
                 dioxide (N02);
                                             -21-

-------
                C.   10 pounds per hour of combustion contaminants as defined in
                    Rule 100 and derived from the fuel.

        For the purpose of this rule,  a fuel  burning equipment unit shall  be com-
        prised of the minimum number of boilers, furnaces, jet engines or other
        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.

        This rule shall not apply to any processing  operation in which a flame
        directly contacts the material being processed,  until such time as federal
        standards (health, education and welfare) are completed.


                                EMERGENCY REGULATIONS

        This emergency regulation is designed to prevent the excessive buildup of
        air contaminants and to avoid any possibility of a catastrophy caused by
        toxic concentrations of air contaminants.

        The Air Pollution Control Board deems it desirable to have ready an ade-
        quate plan  to prevent such an occurrence, and to provide for adequate
        actions to  protect the health of the citizens of the Air Pollution Control
        District.

(51.1)   RULE 131.5  - LIVESTOCK FEED YARDS:

        Any person  using or operating a livestock feed yard within one and one-
        half miles  from any "urban limit", as defined by the County General Plan,
        shall  acquire and maintain a "livestock feed yard certificate".  Applica-
        tion,  fee and renewal  requirements for such  a certificate shall be sub-
        stantially  the same as those set out in Rules 101-111 for permits, except
        as  hereinafter provided.   Certificates for livestock feed yards covered
        by  these regulations,  and in existence on the date of enactment thereof,
        shall  be acquired within  ninety (90)  days from said date of enactment.

        An  application for a livestock feed yard certificate.shall include a
        written plan designed to  effectively control  dust.  Such dust  control  plan
        shall  contain the following:
                                              -22-

-------
           (a)   Procedures  for assuring manure at all  times  is maintained  at a
                moisture factor between 20% and 40%,  in  occupied  pens.   Said
                maximum moisture limit may be  exceeded during rainy  periods.

           (b)   An outline  of manure management practices,  including standards
                and time tables for manure removal, designed to effectively
                control  dust and to prevent adverse public  health conditions.

       The control officer  shall grant a  certificate  upon receiving  a dust con-
       trol  plan which he believes  is reasonably designed to meet the criteria
       set forth in (a)  and (b) above. Failure of a  person operating or using
       an animal confinement facility to  comply with  the terms of an approved
       dust control plan shall  be grounds for  certificate revocation and/or for
       imposition of other  penalties and  sanctions contained in the  District's
       rules and regulations.

       The Air  Pollution Control Officer  may issue a  written exception to  allow
       the holder of a livestock feed yard certificate to utilize a  procedure  in
       lieu of  that required under  (a) above for up to sixty (60) days in  any
       fiscal year.  Such an exception may only be granted  after  written applica-
       tion has been made describing in detail an alternate dust  control proce-
       dure which the Air Pollution Control Officer believes is reasonably
       designed to control  dust as  effectively as the procedure described  under
       (a) above.

(2.0)   RULE 132 - GENERAL;

       Notwithstanding any  other provisions of these  rules  and regulations, the
       provisions of this regulation shall apply within  Imperial  County to the
       control  of emissions of air  contaminants during any  "alert" stage as pro-
       vided herein.

(9.0)   RULE 133 - SAMPLING  STATIONS;

       The Air  Pollution Control Officer  shall maintain  permanently  located
       atmospheric sampling stations adequately equipped.  These  sampling  stations
       shall be continuously maintained at locations  designated by the Air Pollu-
       tion Control Officer after consultation with the  scientific committee.
       The Air  Pollution Control 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.

(9.0)   RULE 134 - AIR SAMPLING;

       The Air  Pollution Control Officer  shall establish procedures  whereby ade-
       quate continuous  automated samplings and analyses of air contaminants will
       be taken at each  of  the stations established by the  district.
                                             -23-

-------
(8.0)   RULE 135 -  DECLARATION OF ALERTS;

       The Air Pollution Control Officer  shall  declare  the  appropriate  "alert"
       whenever the concentration of any  air pollution  contaminant  has  been
       verified to have reached the standards set forth in  the  following  table:
                            Toxic Air Pollutant Levels
                             In Parts Per Million  (PPM)
Carbon Monoxide
Nitrogen Oxides
Sulphur Oxides
Ozone
Community
Alert
20.0 for 8 hrs
.20 for 1 hr.
.20 for 1 hr.
.35
Alert to the Community - Pollutants
1st Alert 2nd
100
3
3
0.5
potentially hazardous
Alert
200
5
5
1.0
3rd Alert
300
10
10
1.5
for children,
elderly and chronically ill persons.
       First Alert - Close approach to maximum allowable concentration for the
       population at large.   Still  safe,  but approaching a point where preventive
       action is required.

       Second Alert - Air contamination level  at which a health menace exists in
       a preliminary state.

       Third Alert -  Air contamination level  at which a dangerous  health menace
       exists.

(8.0)   RULE 136 - NOTIFICATION OF ALERTS:

           A.  Alert to the community:  Following the issuance of an alert to the
               community, the Air Pollution Control  District (APCD) shall communi-
               cate notification of the condition to:

               1.  Imperial  County Schools Office, who shall  notify school dis-
                   trict offices.
               2.  The Imperial  County Public Health Department, who shall notify
                   County General Hospital and nursing homes.

               3.  The general public through the local  news media.

           B.  Alerts:  Upon the declaration of a 1st, 2nd or 3rd alert,  the Air
               Pollution Control District (APCD) shall communicate  notification
               of the condition to all above and shall include the  following
               additional industries and agencies:
                                            -24-

-------
                                                                            tiaattn T-raarrrw
               1.   Air polluting  industrial  plants and processes which require
                   "alert"  data in  order to  effect'prearranged plans designed to
                   reduce the output of air  contaminants.

               2.   The California Highway Patrol; supervising inspector.

               3.   The Imperial County sheriff's department, who will notify in
                   the most expeditious manner  available:

                   (a)  All  sheriff sub-stations.

                   (b)  All  city  police departments.

               4.   The State Division of Forestry, who will notify  in the  most
                   expeditious manner available:

                   (a)  All  city  fire departments.

                   (b)  All  fire  protection  districts and  special districts with
                        fire suppression capability.

               5.   City fire and  police departments  shall  notify their respective
                   city officials.

           C.   Cessation of alerts:  Recall  or  cessation of "smog alerts"  are  to
               be  disseminated in the same manner as they  are initiated.

(2.0)   RULE 137 -  RADIO COMMUNICATION SYSTEM;

       The Air Pollution Control  Officer shall  Install and maintain in continuous
       operation,  a radio transmitter with selective calling facilities  for the
       purpose of  broadcasting the  declaration  of alerts and information and  in-
       structions  which may be appropriate to carry  out  the provisions of  these
       regulations.

       Radio receiving equipment  with decoding  device capable of receiving broad-
       casts from  the Air Pollution Control  Officer  of the declaration of  alerts
       and information and  instructions thereto shall be procured,  installed  and
       properly maintained  and operated during  all hours of plant operation by
       any person  who operates or uses any:

           A.   Petroleum refinery.

           B.   Bulk gasoline loading facility for tank vehicles, tank cars, or
               marine vessels, from which facility 20,000  gallons or more  of
               gasoline are loaded  per day.  For purposes  of this paragraph,
               "gasoline" means any petroleum distillate having a Reid vapor
               pressure of  four pounds or greater, and "facility" means  all gaso-
               line loading equipment which  is  both  (1)  possessed by one person,
                                             -25-

-------
               and  (2)  located  so  that  all  the gasoline loading outlets for such
               aggregation  or combination of  loading equipment can be encompassed
               within any circle of 300 feet  in  diameter.

           C.   Asphalt  saturator.

           D.   Asphalt  paving manufacturing plant.

           E.   Asphalt  manufacturing plant.

           F.   Chemical  plant which:

               1.   Reacts or produces any organic liquids or gases.

               2.   Produces sulfuric acid,  nitric acid, phosphoric acid or sulfur.

           G.   Paint, enamel, lacquer,  or varnish'manufacturing plant in which
               10,000 gallons or more per month  of  organic  solvents, diluents or
               thinners or  any  combination  thereof  are combined or manufactured
               into paint,  enamel,  lacquer  and varnish.

           H.   Rubber tire  manufacturing or rubber  reclaiming plant.

           I.   Automobile assembly or automobile body plant.

           J.   Metal melting, refining  or smelting  plants.

           K.   Rock wool manufacturing  plant.

           L.   Glass or frit manufacturing  plant.

(8.0)   RULE 138 - FIRST ALERT ACTION:

        The following action shall  be taken upon the calling of the  first alert:

           A.   A person shall not  bum  any  combustible refuse at  any location
               within the basin in an open  fire.

           B.   Any  person operating or  maintaining  any Industrial commercial or
               business establishment other than power plants or  heating plants
               essential to health or safety  which  establishments emit  hydro-
               carbons  or any of the contaminants named in  Rule 137  and any
               person operating any private noncommercial vehicle shall during
               the  first alert  period take  the necessary  steps to the action
               required should  a second alert be declared.

           C.   The  Air  Pollution Control Officer shall, by  the use of all appro-
               priate mass  media of communication,  request  the public to stop all
               unessential  use  of  vehicles  in the basin and to operate  all
               privately owned  vehicles on  a  pool basis,  and shall request all
                                             -26-

-------
               employers  to  activate employee car pools.

           D.   When,  after the  declaration of the first alert it appears to the
               Air Pollution Control Officer that the concentration of any con-
               taminants  in  all  or any  portion of the basin is increasing in
               such a manner that  a second alert is likely to be called, he shall
               take the following  actions:

               1.   Notify the emergency action committee and request advice on
                   actions to be taken.

               2.   Give all  possible notice to the public by all mass media of
                   communication that a second alert may be called.

(8.0)   RULE 139 -  SECOND  ALERT  ACTION:

       The following  action  shall  be taken upon the calling of the second alert:

           A.   The action set forth in  Rule 138, and

           B.   The Emergency Action Committee and the Air Pollution Control Board,
               if  not already activated, shall be called into session and shall
               remain in  session or reconvene from time to time as directed by
               the Air Pollution Control Officer to study all pertinent  informa-
               tion relating to the emergency and to recommend to the Air Pollu-
               tion Control  Officer actions to be taken from time to time as
               conditions change.

           C.   Pursuant to this alert,  the Air Pollution Control Officer may
               impose limitations  as to the general operation of vehicles as
               provided in Rule 136  (B) permitting limited operation essential  to
               accommodate industry, business, public utility and other  services
               as  may be  necessary in the public welfare.

           D.   The Air Pollution Control Officer may, with the concurrence of the
               Air Pollution Control Board, order the closing of any industrial,
               commercial or business establishment and stop all vehicular
               traffic except authorized emergency vehicles as defined in the
               California vehicle  code, vehicles used in public transporation and
               vehicles the  operation of which 1s necessary for the protection  of
               the health and welfare of the public, 1f, 1n the opinion  of the
               Air Pollution Control Officer, the continued operation of such
               establishment or vehicle contributes to the further concentration
               of  any air contaminant,  the concentration of which caused the  de-
               claration  of  the alert,  but if possible, without employing such
               drastic remedial measures as to completely disrupt the economic
               life of the community or to result in irreparable injury  to any
               form of production, manufacture or business.
                                            -27-

-------
               The Air Pollution  Control  Officer,  during a  second  alert,  shall
               keep the public suitably informed of all  significant  changes  in
               the concentration  of toxic air contaminants.

           E.   In the event that  the Air Pollution Control  Officer determines
               that the public health and safety are in  danger,  the  Emergency
               Action Committee and the Air Pollution Control  Board  may take any
               action authorized  by this rule with less  than  a quorum present.
               A majority vote of the members present is required  for any such
               action.

(.8.0)   RULE 140 - THIRD ALERT;


       The following action shall  be taken upon the calling of the third alert:

           A.   The actions set forth in Rules 138  and 139,  and

           B.   It if appears that the steps taken  by the Air  Pollution Control
               Officer will be inadequate to cope  with the  emergency the Air
               Pollution Control  Board shall  request the governor  to declare that
               a state of emergency exists and to  take appropriate actions as set
               forth in the California Disaster Act.

(8.0)   RULE 141  - END OF ALERT

       The Air Pollution Control  Officer shall declare the  termination of the
       appropriate alert whenever the concentration of an air contaminant which
       caused  the declaration of  such alert has been verified to have fallen
       below the standards set forth in Rule 135 for the calling of  such alert
       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 135. The
       Air Pollution Control Officer shall immediately communicate the declara-
       tion of the termination of the alert in the manner provided in Rule 135,
       paragraph "C", for the cessation of the alerts.

(15.0)  RULE 142 - ENFORCEMENT:

       When an "alert" has been called, the Air Pollution Control  Officer, the
       sheriff, fire chiefs, their deputies, and all other  peace officers within
       the basin shall enforce the appropriate provisions of  this  rule 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 an alert, 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 Officer  made pursuant  to this regula-
       tion.
                                             -28-

-------
(2.0)  RULE 143 - SCIENTIFIC COMMITTEE;

       A scientific committee shall  be appointed by the A1r Pollution Control
       Board. Members shall be licensed physicians, medical scientists, biolo-
       gists, chemists, engineers, or meteorologists, each of whom has had exper-
       ience in air pollution control work, or other experts with scientific
       training.

       The Air Pollution Control  Officer and the County Counsel  shall be ex-
       officio members of the scientific committee.

       The term of appointment of all members except the ex-officio members shall
       be two (2) years.  The scientific committee shall act through a majority.
       There shall be at least fifteen (15) members on the committee.

       The scientific, committee shall have the following duties:

           A.  Study and recommend.   The scientific committee shall study and
               make recommendations  to the Air Pollution Control Board of the
               most suitable methods for measurement of air contaminants and on
               any changes recommended for the concentrations set forth in Rule
               140.  The Air Pollution Control Board may adopt such recommended
               changes for the concentrations of toxic air contaminants for each
               alert stage by amendment to Rule 116.

           B.  Consult.  The scientific committee shall serve in a consultant
               advisory capacity  to  the Air Pollution Control Officer concerning
               any air pollution  health problem which may arise.  The scientific
               committee shall  also  advise the Air Pollution Control  Board on  any
               recommended changes in this emergency regulation  which will pro-
               vide greater protection of the health and welfare of all persons
               within the Air Pollution Control District.

(8.0)  RULE 144 - EMERGENCY ACTION COMMITTEE;

       An emergency action committee shall be appointed by the Air Pollution Con-
       trol  Board.  The committee shall be composed of ten (10)  appointed members
       and of these members two shall be experts with scientific training or
       knowledge in air pollution matters, two shall be licensed physicians, two
       shall  be members of the  public at large.

       The county health officer, the sheriff, and the County Counsel shall  be
       ex-officio members of the  committee.    In the absence of  an ex-officio
       member,  his deputy may act for him.

       The term of appointment  of appointed members shall be two U)  years.

       The duties of the Emergency Action Conmittee shall be to  meet  with the  Air
       Pollution Control  Officer  when called into session,  to evaluate data, and
       to advise the Air Pollution Control  Officer as to the appropriate action
                                           -29-

-------
        to be  taken  when  the  concentration  of any  of  the  contaminants  set  forth
        in Rule 135  has been  verified  to  be approaching the  standards  set  forth
        in Rule 135  for a second  alert.

        The committee shall be appointed  and begin to function at  such a time as
        occurrence of emergency episodes  and the opinion  of  the  board  shall  deem
        it necessary.

(51.1)   RULE 145 - AGRICULTURAL BURNING

        The prohibitions  included in prohibitions  shall not  be construed as  pro-
        hibiting agricultural  burning, including but  not  limited to  the burning
        of wastes produced on the premises  in the  course  of  growing  asparagus,
        vegetables,  small grain,  sorghum, safflower,  citrus  trees, deciduous fruit
        and nut trees, vines,  or  date  palms.

 (2.0)   RULE 146 - CLEARING LAND:

        No prohibition in "Prohibitions"  shall  prevent the use of  fire for the
        clearing of  brush from raw land to  be used for agricultural  purposes, and
        nothing therein shall  be  construed  to prohibit burning for right-of-way
        clearance and maintenance or for  levee or  ditch maintenance  by a public
        entity or utility.

 (2.0)   RULE 147 - COUNTY DUMPS:

        Subject to the approval of the Air  Resources  Board the control officer may
        permit burning at county  solid waste disposal areas.

 (2.0)   RULE 148 - MISCELLANEOUS  EXCEPTIONS;

        Nothing in prohibitions shall  be  construed to prohibit:

            A.  Burning for the disposal  of residential rubbish  from a single or
                two  family dwelling on its  premises.

            B.  Fires set by  or permitted by a 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:

                V.  For the purpose of the  prevention of  a fire  hazard which cannot
                    be abated by  any other  means,  or

                2.  The instruction of public employees  in the methods of  fighting
                    fire.

            C.  Fires set pursuant to  permit on property  used for  industrial pur-
                poses for the purpose  of  Instruction of  employees  in methods of
                fighting  fire.
                                              -30-

-------
           D.   Agricultural  operations in the growing of crops, or the raising
               of fowls  or animals or bees.

           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.   The use of equipment in agricultural operations in the growing of
               crops* or raising of fowls or animals or bees.


                         PROCEEDINGS BEFORE HEARING BOARD

(2.0)  RULE 149 - GENERAL;

       The provisions of this part shall apply to all hearings before the Hearing
     ,  Board of the District.

(16.0)  RULE 150 - PETITIONS;

       Requests for hearing  shall be initiated by the filing of a petition in tri-
       plicate with the  clerk of the Hearing Board and the payment to said clerk
       of a fee of $25.

(3.0)  RULE 151  - 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, corpora-
               tion, or  other entity; and names and addresses of partners if a co-
               partnership;  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.   Whether the petitioner desires a hearing:

               1.  For a variance under Section 24292, Health and Safety Code of
                   the State of California.

               2.  To revoke or modify a variance under Section 24298, Health and
                   Safety Code;
                                            -31-

-------
            F.   Each  petition  shall  be  signed  by  the  petitioner, or  some 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  prepared in a  manner  acceptable  to the
                control officer.

(5.0)    RULE 152 -  PETITIONS FOR  VARIANCES;

        In  addition to  the  matters required by Rule 151  of this part, petitions
        for variance  shall  state  briefly:

            A.   The statute, rule, or order complained of;

            B.   The facts showing why compliance  with the statute, 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 petitioners
                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.

 (2.0)   RULE 153 -  SUPPLEMENTAL INFORMATION:

        If  the  chairman of  the Hearing  Board,  or  any  two members of  the Hearing
        Board,  determine  that  an  application does not state  sufficient  information
        to  serve as the basis  for a  hearing, they may, without  conducting a meet-
        ing, require  the  applicant to state further facts or reframe his applica-
        tion prior  to setting  the matter  of hearing.

 (16.0)  RULE 154 -  MATTERS  INITIATED BY CONTROL OFFICER  OR HEARING BOARD;

        When the control  officer  or  Hearing Board wish to initiate action which
        will lead to  hearing by the  Hearing Board, they  need not comply with the
        formal  requirements of these rules.  Either must, however, initiate any
        such action with  documents that will apprise  interested parties of the
        proposed action.

 (2.0)   RULE 155 -  ANSWERS:

        Any person  affected by an application  may, if he so  desires, within ten
        (10) days of  service of the  petition or other notice, file a written
        answer  with the clerk  of  the Hearing Board prior to  the hearing.
                                              -32-

-------
(2.0)    RULE 156 -  WITHDRAWAL  OF APPLICATION;

        The applicant may withdraw his  application  at  any time by  giving written
        notice of withdrawal to the clerk  of the  Hearing Board,  the clerk shall
        notify all  interested  persons of such withdrawal.

(2.0)    RULE 157 -  HANDLING PRELIMINARY MATTERS;

        Preliminary matters such as setting  a date  for hearing,  granting continu-
        ances, approving applications for  filing, allowing  amendments  and other
        preliminary rulings not determinative of  the merits of the case, may  be
        made by the chairman or by any  two members  of  the Hearing  Board without a
        hearing or  a meeting of the Hearing  Board and  without prior notice to the
        parties.

(16.0)   RULE 158 -  TIME AND PLACE  OF HEARING;

        All hearings shall  be  held at the  time  and  place designated by the Hearing
        Board.

(16.0)   RULE 159 -  NOTICE OF HEARING;

        The clerk of the Hearing Board  shall mail or deliver a notice  of hearing
        to the applicant, the  control officer,  the  holder of the permit or vari-
        ance involved, if any, and to all  other persons entitled to notice under
        state law.

(2.0)    RULE 160 -  CONTINUANCES;

        The chairman or any two members of the  Hearing Board shall have the  power
        to grant continuances  of any hearing, on  request of any  interested party
        or at the request of any member of the  Hearing Board, without  conducting
        a meeting of the Hearing Board  and without  prior notice.  Written notice
        of the continuance shall be given  to all  persons who were  given notice of
        the hearing.

(13.0)   RULE 161  -  RECORD OF PROCEEDINGS;

        The Hearing Board shall cause a record  of all  hearings to  be made by use
        of a tape recorder or  other recording device.

        Any party who desires  to have a hearing reported by a certified shorthand
        reporter shall give written notice to the clerk of  the Hearing Board at
        least seven (7) days prior to the  hearing date and  shall agree to bear the
        cost of such reporting.  Transcripts shall  be  prepared in  accordance with
        the orders  of the Hearing  Board and  shall be paid for by the party request-
        ing the transcript.

        Any party desiring written findings  of  fact must submit  a  written request
        for findings to the clerk  of the Hearing  Board at least  seven  (7) days
                                               -33-

-------
        prior to the date set for the  hearing.

(2.0)    RULE 162 -  EVIDENCE:

        The following rules  shall  govern  the  introduction  of evidence  at  a  hear-
        ing:

            A.   Oral  evidence shall  be taken  only  on  oath  or affirmation.

            B.   Each party shall  have  the right 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 regard-
                less of which party  first called him  to  testify,  and to rebut the
                evidence against him.   If a person holding a permit  or variance
                does not testify in  his own behalf, he may be called and  examined
                as  if under  cross-examination.

            C.   Hearings need not be conducted according to  technical  rules relat-
                ing to evidence and  witnesses.   Any relevant evidence  shall  be
                admitted if  it is the  sort of evidence on  which responsible per-
                sons 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 ob-
                jection 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 admissible  over  objection in civil  actions.  The rules
                or  privilege shall be  effective to the same  extent that they are
                now or hereafter may be recognized in civil  actions, and  irrele-
                vant and unduly repetitious evidence  shall be excluded.

(2.0)    RULE 163 -  OFFICIAL  NOTICE:

        The Hearing Board may take official notice of any  matter  which may  be
        judicially  noticed by the courts  of this state.

(2.0)    RULE 164 -  DECISIONS:

        The decision of the  Hearing  Board shall be in writing, containing a brief
        statement of facts found to  be true,  the determination of the  issues pre-
        sented and  the order of the  Hearing Board. A copy shall  be  mailed  or
        delivered to the control  officer, the applicant  and  to every person who
        has filed an answer  or who has appeared as a  party in person or by  counsel
        at the hearing.  The decision  of  the  Hearing  Board shall  become effective
        immediately unless otherwise provided in the  decision.
                                             -34-

-------
                                     ENFORCEMENT
(2.0)    RULE 165 -  VIOLATIONS;
        Any person doing  any acts  prohibited herein, or operating any article,
        machine,  equipment or contrivance  described in Rule  101 without a permit
        is guilty of a misdemeanor punishable by  detention in  the county jail not
        exceeding six (6) month  or by  fine not exceeding  five  hundred dollars
        ($500)  or both for each  day upon which such violation  occurs.

(2.0)   RULE 166  - CONTROL OFFICER:

        These rules shall be enforced  by the control officer.   He may issue cita-
        tions,  seek a misdemeanor  complaint from  the district  attorney or seek an
        injunction.  He may issue  notices  to abate or correct  violations of these
        rules or  he may require  attendance at hearing before the Hearing Board,
        or constitute other administrative proceedings as provided  in procedures
        adopted by the Control Board.

(2.0)   RULE 167  - AIR POLLUTION CONTROL BOARD:

        The board may, after notice and a  hearing, issue, or provide for the  issu-
        ance by the Hearing Board, of  an order for abatement whenever the district
        finds that any person is in violation of  the rules discharging air contam-
        inants  into the atmosphere.

(14.0)   RULE 168  - PUBLIC RECORDS;

        All information,  analyses, plans,  or specifications  that disclose the
        nature, extent, quantity or degree of air contaminants which any article,
        machine,  equipment or other contrivance will produce,  secured pursuant to
        the enforcement of these rules, are public records.

(2.0)   RULE 169  - SEVERABILITY  CLAUSE;

        If any provision  of these  rules is for any reason held to be invalid  or
        unconstitutional, such invalidity  or unconstitutionality shall not affect
        the validity or constitutionality  of the  remaining portions of these  rules,
        it being  hereby expressly  declared that these rules  and each provision
        thereof would have been  adopted irrespective of the  fact that any one or
        more other provisions be declared  invalid or unconstitutional.
(2.0)   RULE 170- LEGAL APPLICATION:

        All sections contained in  the  Health and  Safety Code relating to air  pollu-
        tion control districts shall have  application in  Imperial County unless
        superceded by these rules  and  regulations.
                                              -35-

-------
(i.o)   RULE 200 -  DEFINITIONS:
           A.   Agricultural  Burning  means  open  outdoor  fires  used  in  agricultur-
               al  operations in  the  growing  of  crops or raising of fowls or
               animals,  forest management, or range improvement, or used in
               improvement of land for wild  life  and game  habitat.

           B.   Open  burning in agricultural  operations  in  the growing of crops
               or  raising of fowls or animals means:

               1.  The burning in the open of materials produced wholly from
                  operations in the growing and  harvesting of crops  or raising
                  of fowls or animals for the  primary  purpose of  making a pro-
                  fit,  of providing a livelihood, or of conducting agricultural
                  research or instruction by an  educational  institution; and

               2.  In connection with operations  qualifying under  Sub-division 1:

                  a. The burning of grass  and weeds in or adjacent  to fields
                      in cultivation or being  prepared for cultivation; and

                  b. The burning of materials not produced  wholly from such
                      operations, but which are  intimately related to the grow-
                      ing or harvesting of  crops and which are used  in the field,
                      except as prohibited  by  district regulations.  Examples
                      are trays for drying  raisins, date  palm protection paper,
                      and fertilizer and  pesticide sacks  or  combustible contain-
                      ers,  where the sacks  or  combustible containers are emptied
                      in the field, or nearby  for application.

           C.   Range improvement burning means  the use  of  open fires  to remove
               vegetation for a  wildlife,  game  or livestock habitat or for the
               initial establishment of an agricultural practice on previously
               uncultivated land.

           D.   Brush treated means that the  material to be burned  has been
               felled, crushed or uprooted with mechanical equipment, or has been
               dessicated with herbicides.

           E.   Board means the State Air Resources Board,  or  any person author-
               ized  to act on its behalf.

           F.   A no-burn day means any day on which agricultural burning is pro-
               hibited by the Board.

           G.   A permissive-burn day means any  day on which agricultural burning
               is  not prohibited by  the Board.

           H.   District  means the Imperial County Air Pollution Control District.
                                             -36-

-------
                Approved Ign i tion  Devi ces  includes  those  instruments  or materials
                that will ignite agricultural  waste without the  production  of
                black smoke by the ignition device.  This would  include such
                items as liquid  petroleum  gas, butane,  propane or diesel  oil burn-
                ers, and flares, but does  not  include the use of tires, tar paper,
                oil, and other similar  materials.
(.2.0)    RULE 201  -  PROHIBITIONS:
            A.   No person  knowingly shall  set or permit agricultural  burning
                unless he  has a valid permit from the Air Pollution  Control  Offi-
                cer.

                1.  The Air Pollution Control Officer shall  issue agricultural
                   burning permits subject to the Rules and Regulations of the
                   Board  and of the County Air Pollution Control District.

            B.   Each  applicant for a permit shall provide information as required
                by the Air Pollution Control District.

            C.   Prior to the burn, notice  of intent shall be given by the permitee
                to the Air Pollution Control Officer.

            D.   No permit  shall be valid for any day during a period in which
                agricultural burning is prohibited by the Board.

            E.   No permit  shall be valid for any day in which burning is prohi-
                bited by the designated fire control agency having jurisdiction
                over  the site of the burn  for the purposes of fire control  or
                prevention.

            F.   All agricultural wastes to be burned must be free of tires, rub-
                bish, tar  paper, construction debris, and all other material that
                is not produced in an agricultural operation.

            G.   All agricultural wastes to be burned shall be arranged 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.

            H.   All agricultural wastes to be burned shall be ignited only with
                approved types of ignition devices as defined herein.

            I.   The following types of agricultural waste materials to be burned
                shall be allowed to dry for the following minimum time periods
                or equivalent:

                a.  Green  field stubble:  4 days following harvest

                b.  Dry cereals:          0 days
                                              -37-

-------
                c.   Primings  and  small  branches:   2 weeks

                d.   Large  branches  and  trees:      6 weeks

            J.   Materials  to  be burned  shall be  ignited  only  during  daylight  hours
                and all  burning shall be  terminated by sunset each day.

            K.   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.

            L.   The Air  Pollution Control Officer may restrict agricultural waste
                burning  to selected permittees on designated  Burn Days  if  the
                total tonnage to  be ignited would total  more  than 5% of the total
                tonnage  burned in Imperial  County if  visibility is less than  10
                miles for  two observation one  (1) hour apart, when the  relative
                humidity is less  than 70%.
(2.0)    RULE 202 -  EXCEPTIONS:
                Exception to Rule 201  D and 201  J:   The Air Pollution Control
                Officer may grant an exception to allow burning on a No-Burn Day
                so designated by the Board when  there is a threat of imminent and
                substantial  economic loss* and in certain situations to allow
                burning to continue past sunset  of each day.

                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 Air Pollution Control Officer may seek the advice
                of the County Agricultural Commissioner, the County Farm Advisor,
                or other informed sources.

                The burning of empty sacks or combustible containers which con-
                tained pesticides or other toxic substances is permitted on No-
                Burn Days, providing the sacks or containers are within the
                definition of "open burning in agricultural operations in the
                growing of crops or raising of fowls or animals."
 (15.0) RULE 203 - PENALTY CLAUSE;
                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 con-
                stitutes a separate offense.
                                              -38-

-------
           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 Control  District shall enforce these Rules and Regulations.

                                   ENFORCEMENT
       In order to expedite enforcement  procedures, the Legislature amended the
       Penal  Code by adding Section 836.5.
           (a)   A public officer or employee, when authorized by ordinance, 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 a statute or
                ordinance which  such officer or employee has the duty to enforce.
           (b)   For the purpose  of this  section, "ordinance" includes an order,
                rule, or regulation of any Air Pollution Control District.
05.0)  RULE 204 - ENFORCEMENT PROCEDURES;
       Open Burning
          Complaint received pr  burning  observed.
          Investigation (Fire Protection Agency or Air Pollution Control District)
      4-    1.   Determine responsible person.
           2.   Determine who ordered fire.
           3.   Ask for  permit.
           4.   Determine section of regulations prohibiting such acts.
       If Violations exists:
          Action taken
           1.   Obtain all pertinent information for report—name, address, loca-
               tion of  burn, material, wind direction, description of fire and
               smoke, statements made by subject, witnesses, photos if  possible.
           2.   Issue citation to appear  (Section Penal Code 836.5)
           3.   If citation cannot be issued because of complexities of  the viola-
               tion or  the magnitude of  the violations, the following may be
               pursued:
               (1)  Investigation:  same as above.
                                           -39-

-------
         •   •   (2)   Review file wfth Air Pollution Control  Officer.
               (3)   Ask District Attorney for complaint or  injunctive action.
           4.   May  issue official  notice to cease and desist==subject to judg-
               ment of officer.
(3.0)   RULE 205 - BURNING PERMIT:
           A.   The  Imperial  County Air Pollution  Control  District shall  issue  the
               permits for agricultural  burning.   These shall  be issued  on an
               annual  basis.
           B.   The  burning permit shall  be prepared in triplicate to provide in-
               formation to the various  agencies  of concern.   The copies of the
               permits shall  be distributed accordingly:
               1.   Original:   To the District.
               2.   Duplicate:   To the appropriate fire protection agency.
               3.   Triplicate:   To the permittee.
           C.   The  permittee  shall  have  his copy  available  for inspection  at the
               burn site.
           D.   In order to provide for proper control  of agricultural burning,
               the  permittee  shall  notify the District prior  to each burn  and
               supply  the following data:
               1.   Time and date of burn.
               2.   Estimated  tonnage to  be burned.
               3.   Location of burn.
               4.   Type of material  to be burned.
               5.   Material  drying procedure used if applicable.
           E.   Data in part D shall  be supplied by phone to the District and
               recorded in duplicate as  follows:
               1.   Original  to the District.
               2.   Duplicate  to the California Air Resources  Board,  sent on a
                   quarterly  basis.
           F.   The  application for a specific burn shall  be reviewed by  the
               District to determine if  the burn  is likely  to cause  a nuisance
                                            -40-

-------
                or hazard.   A nuisance or hazard might be caused If the location
                of the burn  site  and  the  direction of the wind will direct
                large amounts of  air  contaminants toward an adjacent residential
                area  or major road.

(51.13)  RULE 206 - RANGE IMPROVEMENT  BURNING;

            A.   Range improvement bums shall  be regulated by all rules in the
                Agricultural  Burning  Regulation of the Air Pollution Control
                District of  Imperial  County.

            B.   If a  burn is done primarily for improvement of land for wild life
                and game habitat, a statement from the Department of Fish and
                Game  certifying that  the  burn is desirable and proper shall be
                submitted and filed with  the  application fpr a burning permit.

            C.   All burns shall be ignited as rapidly as practicable within
                applicable fire control restrictions.

            D.   Brush to be  ignited shall  be  treated at least six months prior to
                the burn unless the Air Pollution Control Officer determines it is
                economically and  technically  not feasible.

            E.   Unwanted trees over six inches in diameter shall be felled and
                dried in accordance with  Rule 201 I (d).
                                             -41-

-------