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
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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
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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
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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
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This report is issued by the Environmental Protection Agency to
report air pollution regulations of interest to a limited number of
readers. Copies are available, for a fee, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
This report was furnished to the Environmental Protection Agency by
Walden Division of Abcor, Inc., Wilmington, Mass. 01887, in fulfillment
of Contract No. 68-02-2890. The contents of this report are reproduced
herein as received from Walden Division of Abcor, Inc. The opinions,
findings, and conclusions expressed are those of the author and not
necessarily those of the Environmental Protection Agency. Mention of
company or product names is not to be considered as an endorsement
by the Environmental Protection Agency.
Publication No. EPA-450/3-78-054-11
ii
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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
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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
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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.
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DOCUMENTATION OF CURRENT EPA-APPROVED
STATE AIR POLLUTION REGULATIONS
REVISED STANDARD SUBJECT INDEX
1.0 DEFINITIONS
2.0 GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES
3.0 REGISTRATION CERTIFICATES, OPERATING PERMITS AND APPLICATIONS
4.0 AIR QUALITY STANDARDS (PRIMARY AND SECONDARY)
4.1 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
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50.2 SULFUR COMPOUNDS
50.3 NITRIC OXIDES
50.4 HYDROCARBONS
50.5 CARBON MONOXIDE
50.6 ODOROUS POLLUTANTS
50.7 OTHERS (Pb. Hg, etc.)
51.0 SOURCE CATEGORY SPECIFIC REGULATIONS
51.1 AGRICULTURAL PROCESSES (Includes Grain Handling, Orchard Heaters,
R1ce and Soybean Facilities, Related Topics)
51.2 COAL OPERATIONS (Includes Cleaning, Preparation, Coal Refuse
Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
51.3 CONSTRUCTION (Includes Cement Plants, Materials Handling, Topics
Related to Construction Industry)
51.4 FERROUS FOUNDRIES (Includes Blast Furnaces, Related Topics)
51.5 FUEL BURNING EQUIPMENT (coal, natural gas, oil) • 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
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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
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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
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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
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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
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Revised Standard
Subject Index Rule Number Title Page Number
(3.0) 205 Burning Permit 40
(51.13) 206 Range Improvement 41
Burning
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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,
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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
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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.
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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.
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(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
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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-
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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
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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-
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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.
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(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.
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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
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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.
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(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
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(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.
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(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,
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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-
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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-
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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-
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"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-
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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.
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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);
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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:
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(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.
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(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:
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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,
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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
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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.
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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.
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(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
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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.
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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;
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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.
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(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
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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.
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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.
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(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.
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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
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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.
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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.
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• • (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
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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).
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