U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-296 669
Air Pollution Regulations in
State Implementation Plans
California, Kern County
Abcor, Inc, Wilmington, MA Walden Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NC Control
Programs Development Div
Aug 78
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United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
PB 296669
I EPA-450/3-78-054-12
August 1978
Air
Air Pollution Regulations
in State Implementation
Plans:
California
Kern Coijifrty
REPRODUCED BY
NATIONAL TECHNICAL I
INFORMATION SERVICE <
U. S. DEPARTMENT OF COMMERCE i
SPRINGFIELD, VA. 22161 !
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TECHNICAL REPORT DATA
(Please read Instructions on the reverse before completing)
1. REPORT NO. 2.
EPA-450/3-78-054-12
dt TITLE ANOSUfTITLE
Air Pollution Regulations 1n State Implementation i
•Plans: California Kern 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 Standards
Office of Air, Noise, and Radiation
Research Triangle Park, NC 27711
3-REpO^'£N£>69
6. REPORT DATE 1 /
Auqust 1978
6. PERFORMING ORGANIZATION CODE
8. PERFORMING ORGANIZATION REPORT NO.
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT NO.
68-02-2890
13. TYPE OF REPORT AND PERIOD COVERED
14. SPONSORING AGENCY CODE
16. SUPPLEMENTARY NOTES
EPA Project Officer: Bob Schell, Control Programs Development Division
16. ABSTRACT
This document has been, produced in compliance with Section 110(h)(l) of the Clean Air
Act amendments of 1977. The Federally enforceable regulations contained in the State
Implementation Plans (SIPs) have been compiled for all 56 States and territories
(with the exception of the Northern Mariana Islands). They consist of both the
Federally approved State and/or local air quality regulations as indicated in the
Federal Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of the above
categories as of January 1, 1978, have been incorporated. As mandated by Congress,
this document will be updated annually. State and/or local air quality regulations
which have not been Federally approved as of January 1, 1978, are not included here;
omission of these regulations from this document in no way affects the ability of
the respective Federal, State, or local agencies to enforce such regulations.
7.
KEY WORDS AND DOCUMENT ANALYSIS
a. DESCRIPTORS
Air pollution
Federal Regulations
Pollution
State Implementation Plans
18. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
b. IDENTIFIERS/OPEN ENDED TERMS
IB. SECURITY CLASS (This Report)
Unclassified
20. SECURITY CLASS (Thli page)
Unclassified
c. COSATI Field/Group
22. PRICE f>C_ /ftp
Ai3?4- /bto \
EPA Form 2220-1 (9-73)
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EPA^46O/3-78-054-12
Air Pollution Regulations
in State Implementation Plans:
by
Walden Division of Abcor, Inc.
Wilmington, Massachusens
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
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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-450/3-78-054-12
ii
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INTRODUCTION
This document has been produced in compliance with Section 110(h)(l)
of the Clean Air Act Amendments of 1977. The Federally enforceable
regulations contained in the State Implementation Plans (SIPs) have been
compiled for all 56 States and territories (with the exception of the
Northern Mariana Islands). They consist of both the Federally approved
State and/or local air quality regulations as indicated in the Federal
Register and the Federally promulgated regulations for the State, as
indicated in the Federal Red1
the above categories as of January 1, 1978, have been incorporated. As
netted in the Federal Register. Regulations which fall into one of
mandated by Congress, this document will be updated annually. State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.
There have been recent changes in the Federal 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
fundedv-operated,_.or owned facilities or projects. Therefore, the
Federally promulgated indirect source regulations appearing in this
document are not enforceable by EPA except as they relate to Federal
facilities.
Since State air quality regulations vary widely in their organization,
content, and language, a standardized subject index is utilized in this
document. Index listings consist of both contaminant and activity oriented
categories to facilitate usage. For example, for regulations which apply
to copper smelters, one might look under sulfur compounds (50.2), particu-
late matter process weight (50.1.1), or copper smelters (51.15). Federal
regulations pertaining to a given State immediately follow the approved
State and local regulations.
Additionally, a summary sheet of the information included in each
comprehensive document is presented prior to the'regulatory text to
allow one to quickly assess the contents of the document. Specifically,
the summary sheets contain the date of submittal to EPA of each revision
iii
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to the SIP and the date of the Federal Register in which the revision
was either approved or disapproved by EM. 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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Submittal Date
6/30/72
7/19/74
SUMMARY SHEET
OF
EPA-APPROVED REGULATION CHANGES
KERN COUNTY APCD
Approval Date
9/22/72
8/22/77
1/10/75
7/22/76
8/22/77
8/22/77
Description
All Regs unless
otherwise specified
Rules 102, 103, 108
108.1, 110, 113,
114, 301, 305, 401
404, 405, 407.3,
409, 411, 413, 414,
417-1,11, 504, 516,
518
Note: 407.3 dis-
approved
Note: For Fed. pur-
poses use 407 as of
6/30/72
Rule 410, 503
Note: 410.1.2 also
approved
Rules 115, 407.1,
422, 423
Note: Rule 407.1
Is disapproved
Note: For Fed pur-
poses use 407.1 as
of 6/30/72
4/21/76
7/20/77
Rule 412, 412.1
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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 (Pfa, 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 F1re, F1re
Fighting Practice, Agricultural Burning and Related Topics)
51.14 PAPER PULP; WOOD PULP AND KRAFT MILLS (Includes Related Topics)
51.15 PETROLEUM REFINERIES
51.16 PETROLEUM STORAGE (Includes Loading, Unloading, Handling and
Related Topics)
51.17 SECONDARY METAL OPERATIONS (Includes Aluminum, Steel and Related
Topics)
51.18 SULFURIC ACID PLANTS
51.19 SULFURIC RECOVERY OPERATIONS
51.20 WOOD WASTE BURNERS
51.21 MISCELLANEOUS TOPICS
V11
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TABLE OF CONTENTS
Revised Standard
Subject Index
(2.0)
(1.0)
(14.0)
(15.0)
(2.0)
(2.0)
(9.0)
(9.0)
(9.0)
(15.0)
(15.0)
(7.0)
(2.0)
(2.0)
(2.0)
(2.0)
(3.0)
12.0)
KERN COUNTY REGULATIONS
Reg.
Rule
Reg.
Rule
Reg.
Rule
Number
I
101
102
103
104
105
106
107
108
108.1
109
110
111
112
113
114
115
II
201
202
Title
General Provisions
Title
Definitions
Confidential Information
Enforcement
Order of Abatement
Land Use
Inspections
Source Monitoring
Source Sampling
Penalty
Arrests and Notices to Appear
Equipment Shutdown, Breakdown
and Startup
Circumvention
Separation and Combination
Severability
Applicability of Emission Limits
Permits
Permits Required
Exceptions
Page
1
1
1
5
6
6
7
7
7
7
8
8
8
9
9
10
10
11
.11
12
viii
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Revised Standard Reg. -
Subject Index Rule Number Title Page
(2.0) Rule 203 Transfer 13
(3.0) 204 Applications 14
(3.0) 205 Cancellation of Applications 14
(3.0) 206 Action on Applications 14
(9.0) 207 Provision of Sampling and
Testing Facilities 14
(3.0) 208 Standards for Granting
Applications 14
(2.0) 209 Conditional Approval 15
(3.0) 210 Denial of Applications 15
(2.0) 211 Further Information 15
(3.0) 212 Applications Deemed Denied 16
(2.0) 213 Appeals 16
(3.0) 214 Existing Sources 16
Reg. Ill Fees 17
(3.0) Rule 301 Permit Fee 17
(3.0) 302 Permit Fee Schedules 19
(9.0) 303 Analysis Fees 22
(13.0) 304 Technical Reports-Charges for 22
(16.0) 305 Hearing Board Fees 23
Reg. IV Prohibitions 24
(50.1.2) Rule 401 Visible Emissions 24
(2.0) 402 Exceptions 24
(50.1.2) 403 Wet Plumes 25
(50.1) 404 Particulate Matter Concentration-
Valley Basin 25
ix.
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Revised Standard Reg. -
Subject Index Rule Number Title Page
(50.1) Rule 404.1 Participate Matter Concentration-
Desert Basin 25
(50.1) 405 Particulate Matter-Emmission
Rate 25
(50.1.1) 406 Process Weight-Portland
Cement Kilns 28
(50.2) 407 Sulfur Compounds 28
(51.9) 407.1 Disposal of Solid and Liquid
Waste 28
(51.5) 407.2 Fuel Burning Equipment-
Combustion Contaminants 28
(51.5)(51.6)(51.7) 408 Fuel Burning Equipment-
Valley Basin 28
(51.5)(51.6)(51.7) 409 Fuel Burning Equipment-
Desert Basin 29
(50.4) 410 Organic Solvents 29
(50.4) 410.1 Architectural Coatings 33
(50.4) 410.2 Disposal and Evaporation of
Solvents 33
(51.16) 411 Storage of Petroleum Products 33
(51.16) 412 Transfer of Gasoline into
Stationary Storage Containers 34
(51.16) 412.1 Transfer of Gasoline into
Fuel Tanks 38
(51.16) 413 Organic Liquid Loading 39
(51.16) 414 Effluent 011 Water Separators 40
(51.21) 415 Reduction of Animal Matter 40
(51.13) 416 Open Burning 41
(2.0) 417 Exceptions 41
. x _
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Revised Standard Reg. -
Subject Index Rule Number Title Page
(51.9) Rule 418 Incinerator Burning 45
(50.7) 419 Nuisance 45
(2.0) 420 Exception 46
(51.1) 421 Orchard Heaters 46
(10.0) 422 New Source Performance Standards 47
(11.0) 423 Emission Standards for
Hazardous Materials 47
Reg. V Procedure before the Hearing
Board 48
(2.0) Rule 501 Applicable Articles of the
Health and Safety Code 48
(2.0) 502 General 48
(2.0) 503 Filing Petitions 48
(2.0) 504 Contents of Petitions 48
(5.0) 505 Petitions for Variances 49
(2.0) 506 Appeal from Denial 50
(2.0) 507 Failure to Comply with Rules 50
(2.0) 508 Answers 50
(2.0) 509 Dismissal of Petition 50
(16.0) 510 Place of Hearing 51
(16.0) 511 Notice of Hearing 51
(2.0) 512 Evidence 51
(2.0) 513 Preliminary Matters 51
(2.0) 514 Official Notice 52
(2.0) 515 Continuances 52
(2.0) 516 Decision 52
xi .
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Revised Standard Reg. -
Subject Index Rule Number Title Pane
"' ™" iJ
(2-°) Rule 517 Effective Date of Decision 52
(3-0) 518 Lack of Permit 52
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REGULATION I - GENERAL PROVISIONS
(2.0) RULE 101 Title
These rules and regulations shall be known as the Rules and Regulations
of the Kern County'Air Pollution Control District.
(1.0) RULE 102 Definitions
Except as otherwise specifically provided in these rules and, except
where the context otherwise indicates, words used in these rules are
used in exactly the same sense as the same words are used in Chapter 2,
Division 20, of the Health and Safety Code.
a. Air Contaminant
"Air Contaminant" includes smoke, charred paper, dust, soot,
grime, carbon, noxious acids, fumes, gases, odors, or particulate
matter, or any combination thereof.
b. Alteration
Any addition to, enlargement of, replacement of, or any major
modification or change of the design, capacity, process, or
arrangement, or any increase in the connected loading of,
equipment or control apparatus, which will significantly increase
or affect the kind or amount of air contaminants emitted.
c. Atmosphere
"Atmosphere" means the air that envelops or surrounds the earth.
Where air pollutants are emitted into a building not designed
specifically as a piece of air pollution control equipment, such
emission into the building shall be considered an emission into
the atmosphere.
d. Board
"Board" means the Air Pollution Control Board of the Air Pollu-
tion Control District of Kern County.
e. Combustible Refuse
"Combustible Refuse" is any solid or liquid combustible waste
material containing carbon in a free or combined state.
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f. Combustion Contaminants
"Combustion Contaminants" are participate matter discharged into
the atmosphere from the burning of any kind of material contain-
ing carbon in a free or combined state.
g. Control Officer
"Control Officer" means the A1r Pollution Control Officer of the
A1r Pollution Control District of Kern County.
h. District
"District" is the Air Pollution Control District of Kern
County.
1. Dusts
"Dusts: are minute, solid particles released into the air by
natural forces or by mechanical processes such as crushing,
grinding, milling, drilling, demolishing, shoveling, conveying,
covering, bagging, sweeping, or other similar processes.
j. Emission
The act of passing into the atmosphere of an air contaminant or
gas stream which contains an air contaminant, or the air con-
taminant so passed into the atmosphere.
k. Emission Point
The place at which an emission enters the atmosphere.
1. Flue
Means any duct or passage for air, gases, or the like, such as a
stack or chimney.
m. Fumes
"Fumes" are minute, solid particles generated by the condensa-
tion of vapors from solid matter after volatilization from tFe
molten state, or may be generated by sublimation, distillation,
calcination, or chemical reaction, when these processes create
air-borne particles.
n. Hearing Board
"Hearing Board" means the Hearing Board of the Air Pollution
Control District of Kern County.
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o. Installation
The placement, assemblage or construction of equipment or
control apparatus at the premises where the equipment or
control apparatus will be used, and includes all prepara-
tory work at such premises.
p. Institutional Facility
"Institutional Facility" means any hospital, boarding home,
school, corporation yard, or like facility.
q. Multiple-Chamber Incinerator
"Multiple-Chamber Incinerator" is 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 ports or ducts, and employing adequate design para-
meters necessary for maximum combustion of the material to be
burned. The refractories shall have a Pyrometric Cone equiva-
lent of at least 17, tested according to the method described
in the American Society for Testing Materials, Method C-24.
r. Open Outdoor fire
"Open Outdoor Fire" as used in this regulation means com-
bustion of any combustible refuse or other material of any
type outdoors in the open air not in any enclosure where the
products of combustion are not directed through a flue.
s. Operation
Any physical action resulting in a change in the location,
form, or physical properties of a material, or any chemical
action resulting in a change in the chemical composition or
the chemical or physical properties of a material.
t. Owner
Includes but is not limited to any person who leases, super-
vises or operates equipment, in addition to the normal meaning
of ownership.
u. Paniculate Matter
"Particulate Matter" is any material, except uncombined water,
which exists in a finely divided form as a liquid or solid at
standard conditions.
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v. Person
"Person" means any person, firm, association, organization,
partnership, business trust, corporation, company, contractor,
supplier, installer, user or owner, or any state or local govern-
mental agency or public district or any officer or employee
thereof.
w. PPM
Parts per million by volume expressed on a gas basis.
x. Process Weight Per Hour
"Process Weight" is the total weight of all materials intro-
duced into any specific source operation, which operation 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 cycle of operation from
the beginning of any given process to the completion thereof,
excluding any time during which the equipment 1s idle.
y. Regulation
"Regulation" means one of the major subdivisions of the Rules
of the Air Pollution Control District of Kern County.
z. Residential Rubbish
"Residential Rubbish" means refuse originating from residen-
tial uses and includes wood, paper, cloth, cardboard, tree
trimmings, leaves, lawn clippings, and dry plants.
aa. Rule
"Rule" means a rule of the Air Pollution Control District of
Kern County.
bb. Section
"Section" means a section of the Health and Safety Code of
the State of California unless some other statute is
specifically mentioned.
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cc. Source Operation
"Source Operation" means the last operation proceeding the
emission of an air contaminant, which operation (a) results In
the separation of the air contaminant from the process materials
or 1n the conversion of the process materials Into air con-
taminants, as in the case of combustion of fuels; and (b) is
not an air pollution abatement operation.
dd. Standard Conditions
As used in these regulations, "Standard Conditions" are a gas
temperature of 60 degrees Fahrenheit and a gas pressure of 14.7
pounds per square Inch absolute. Results of all analyses and
tests shall be calculated or reported at this gas temperature
and pressure.
ee. Valley Basin and Desert Basin
"Valley Basin" is that portion of Kern County which lies
westerly of and "Desert Basin" is that portion of Kern County
which lies easterly of a line described as follows: Beginning
at the Kern-Los Angeles County boundary and running north and
east along the northwest boundary of the Rancho La Liebre Land
Grant to the point of intersection with the range line common to
R. 15 W and R. 16 VI, San Bernardino Base and Meridian; north
along the range line to the northwest corner of S. 2, T 32 S.
R. 32 E. Mount Diablo Base and Meridian; then east along the
township line common to T. 32 S, and T. 31 S; then north along
the range line common to R. 35 E, and R. 34 E., then east
along the township line common to T. 29 S, and T. 28 S; then
north along the range line common to R. 36 E., and R. 35 E; then
east along the township line common to T. 28 S, and T. 27 S; then
north along the range line common to R. 37 E, and R. 37 E, to
the Kern-Tulare County boundary.
(14.0) RULE 103 Confidential Information
All information, analyses, plans, or specifications that disclose the
nature, extent, quantity, or degree of air contaminants or other
pollution which any article, machine, equipment, or other contrivance will
produce, which any air pollution control district or any other state or
local agency or district requires any applicant to provide before such
applicant builds, erects, alters, replaces, operates, sells, rents, or
uses such article, machine, equipment, or other contrivance, are public
records.
All air and other pollution monitoring data, including data compiled from
stationary sources, are public records.
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Trade secrets are not public records under this rule. Trade secrets may
include, but are not limited to, any formula, plan, pattern, process, tool,
mechanism, compound, procedure, production data, or compilation of infor-
mation which is not patented, which is known only to certain individuals
within a commercial concern who are using it to fabricate, produce, or
compound an article of trade or a service having commercial value and
which gives its user an opportunity to obtain a business advantage over
competitors who do not know or use it.
All air pollution emission data, including those emission data which
constitute trade secrets, as defined in the above paragraph, are public
records. Data used to calculate emission data are not emission data
for the purpose this subdivision and data which constitute trade secrets
and which are used to calculate emission data are not public records.
Any person furnishing any records may label as "trade secret" any part
of those records which are entitled to confidentiality. Written
justification for the "trade secret" designation shall be furnished with
the records so designated and the designation shall be a public record.
The justification shall be as detailed as possible without disclosing the
trade secret; the person may submit additional information to support the
justification, which information, upon request, will be kept confidential
in the same manner as the record sought to be protected.
(15.0) RULE 104 Enforcement
These rules and regulations shall be enforced by the Control Officer
under authority of Section 24224(b), Article 2, and Sections 24260, 24262,
Article 4; and all officers empowered by Section 24221, Article 2.
(2.0) RULE 105 Order of Abatement
The air pollution control board may, after notice and a hearing, issue,
or provide for the issuance by the hearing board, after notice and a
hearing, of an order for abatement whenever the district finds that any
person is in violation of Section 24242 or 24243 or any Rule and Regula-
tion prohibiting or limiting the discharge of air contaminants into the
air. The air pollution control board in holding hearings on the issuance
of orders for abatement shall have all powers and duties conferred upon
the hearing board by Division 20, Chapter 2 of the Health and Safety
Code of the State of California. The hearing board in holding hearings on
the issuance of orders for abatement shall have all powers and duties
conferred upon it by Division 20, Chapter 2 of the Health and Safety
Code of the State of California. Any person who intentionally or negligently
violates any order of abatement issued by any type of air pollution control.
district pursuant to Section 24260.5 or by the State Air Resources
Board shall be liable for a civil penalty not to exceed six thousand dollars
($6,000) for each day in which such violation occurs.
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(2.0) RULE 106 Land Use
As part of his responsibility to protect the public health and pro-
perty from the damaging effects of air pollution it shall be the duty
of the air pollution control officer to review and advise the appro-
priate planning authorities within the district on all new construction
or changes in land use which the air pollution control officer believes
could become a source of air pollution problems.
(9.0) RULE 107 Inspections
Inspections shall be made by the enforcement agency for the purpose
of obtaining information necessary to determine whether air pollution
sources are in compliance with applicable rules and regulations,
including authority to require recordkeeping and to make inspections
and conduct tests of air pollution sources.
(9.0) RULE 108 Source Monitoring
Upon the request of the Control Officer and as directed by him, the
owner shall provide, install, and operate continuous monitoring equip-
ment on such operations as directed. The equipment shall be capable
of monitoring emission levels within +20% with confidence levels of 95%.
The owner shall maintain, calibrate, and repair the equipment and
shall keep the equipment operating at design capabilities.
Records from the monitoring equipment shall be kept by the owner for
a period of two years, during which time they shall be available to
the Control Officer in such form as he directs.
In the event a person finds that a request by the Control Officer to
install and maintain monitoring facilities or equipment is unreasonable,
he may appeal the request before the Air Pollution Control Board.
(9.0) *RULE 108.1 Source Sampling
Upon the request of the Control Officer and as directed by him, the
owner of any source operation which emits or may emit air contaminants,
for which emission limits have been established, shall provide the
following facilities, constructed in accordance with the general
industry safety orders of the State of California:
a. Sampling ports
b. Sampling platforms
c. Access to sampling platforms
d. Utilities for sampling equipment
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The owner of such a source operation, when requested by the Control
Officer, shall provide records or other information which will enable
the Control Officer to determine when a representative sample can be
taken.
In addition, upon the request of the Control Officer and as directed by
him, the owner of such a source operation shall collect, have collected,
or allow the Control Officer to collect, a source sample.
All source samples collected to determine the compliance status of an
emission source shall be collected in a manner specified or approved by
the Control Officer.
(15.0) RULE 109 Penalty
Every person who violates any provision of these rules is guilty of a
misdemeanor. Every day during any portion of which such violation occurs
constitutes a separate offense.
(15.0) RULE 110 Arrests and Notices to Appear
Pursuant to the provisions of the Penal Code Section 836.5 the officers
and employees hereinafter set forth are authorized to arrest without a
warrant and issue written notices to appear whenever they have reasonable
cause to believe that the person to be arrested has committed a mis-
demeanor in their presence which is a violation of a rule or regulation
of the Kern County Air Pollution Control District or a violation of a
section of Chapter 2 of Division 20 or Chapter 3.5 of Part 1 of Division
26 of the Health and Safety Code of the State of California, or any pro-
vision of the Vehicle Code relating to the emission or control of air
contaminants:
Air Pollution Control Officer
Chief Air Sanitation Officer and Air Sanitation Supervisor,
Air Sanitation Engineer qnd Air Sanitation Chemist,.
Air Sanitation Specialist and Air Sanitation Technician,
Employees of the Kern County Health Department who are in the
Sanitation and Environmental Health Classification, and
Captains and Chief Officers of the Kern County Fire Department.
(7.0) RULE 111 Equipment Shutdown. Breakdown and Startup
In the event that any source operation, air pollution control equipment,
or related equipment requires shutdown, and will cause emission of air
contaminants in violation of these regulations, the intent to shutdown
such equipment shall be reported to the Control Officer at least 24
hours prior to the planned shutdown.
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In the event that any source operation, air pollution control equipment,
or related equipment breaks down or suffers upset conditions so as to
cause the emission of air contaminants 1n violation of these regulations,
the person responsible for such equipment shall promptly report such
breakdown or upset condition to the Control Officer.
The report to the Control Officer shall include, but is not limited
to the following:
a. Identification of the specific facility, location and permit
number.
b. The expected length of time the air pollution control equipment
will be out of service.
c. The nature and quantity of emissions of air contaminants to
occur during this period.
d. Measures, such as using off shift labor and equipment, to be
taken to minimize the emissions.
e. The reasons why it would be impossible or impractical to shut-
down the source operation during the maintenance period.
In the event that startup of any source operation, air pollution control
equipment, or related equipment will be likely to result in the emission
of air contaminants in violation of these regulations, the person
responsible for such emissions shall notify the Control Officer at least
24 hours prior to such startup.
(2.0) RULE 112 Circumvention
A person shall not build, erect, Install, or use any article, machine,
equipment or other contrivance, the use of which, without resulting 1n
a reduction in the total release of air contaminants to the atmosphere,
reduces, dilutes, or conceals an emission which would otherwise con-
stitute a violation 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 Rule 419 of these Rules and Regulations. Violation of Rule 112
is a misdemeanor pursuant to the provisions of Section 24281 of the
Health and Safety Code of the State of California.
(2.0) *RULE 113 Separation and Combination
a. If air contaminants from a single source operation are emitted
through two or more emission points, the total emitted quantity
of any air contaminant, limited in these Regulations cannot
exceed the quantity which would be the allowable emission
through a single emission point; and the total emitted quantity
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of any such air contaminant shall be taken as the product of
the highest concentration measured in any of the emission
points,and the exhaust gas volume through all emission points,
unless the person responsible for the source operation
establishes the correct total emitted quantity.
b. If air contaminants from two or more source operations are
combined prior to emission and there are adequate and reliable
means reasonably susceptible to confirmation and use by the
control officer for establishing a separation of the components
of the combined emission to Indicate the nature, extent, quantity
and degree of emission arising from each such source operation,
these Regulations shall apply to each such source operation
separately.
c. If air contaminants from two or more source operations are com-
bined prior to emission, and the combined emission cannot be
separated according to the requirements of Rule 113 (b), these
Regulations shall be applied to the combined emission as if it
originated in a single source operation subject to the most
stringent limitations and requirements placed by these Regula-
tion on any of the source operations whose air contaminants are
so combined.
(2.0) *RULE 114 SeverabHity
If any provision, clause, sentence, paragraph, section or part of these
Regulations or application thereof to any person or circumstance shall
for any reason be adjudged by a court of competent jurisdiction to be
unconstitutional or invalid, such judgement shall not affect or invalidate
the remainder of this Regulation and the application of such provision
to other persons or circumstances, but shall be confined in its operation
to the provision, clause, sentence, paragraph, section or part thereof
directly involved in the controversy in which such judgement shall have
been rendered and to the person or circumstance involved, and it is
hereby declared to be the intent of the Kern County Air Pollution Control
Board that these Regulations would have been adopted in any case had such
invalid provision or provisions not been included.
(2.0) RULE 115 Applicability of Emission Limits
Whenever more than one rule of these Rules and Regulations applies to
any article, machine, or equipment or other contrivance, the rule or
combination of rules resulting in the smallest rate or smallest con-
centration of air contaminants released to the atmosphere shall apply
unless otherwise specifically exempted or designated.
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REGULATION II - PERMITS
(3.0) RULE 201 Permits Required
a. Authority to Construct
Any person building, altering or replacing any equipment, the
use of which may cause the Issuance of air contaminants or the
use of which may eliminate or reduce or control the Issuance of
air contaminants, shall first obtain authorization for such
construction from the Air Pollution Control Officer. An
authority to construct shall remain in effect until the permit
to operate the equipment for which the application was filed is
granted, denied, or cancelled.
b. Permit to Operate
Before any equipment described in Rule 201(a) may be operated,
a written permit shall be obtained from the Air Pollution
Control Officer. No permit to operate shall be granted either
by the A1r Pollution Control Officer or the Hearing Board for
any equipment described 1n Rule 201(a), constructed or Installed
without authorization as required by Rule 201(a), until the
information required is presented to the Air Pollution Control
Officer and such equipment 1s altered, if necessary, and made
to conform to the standards set forth in Rule 208 (Standards for
Granting Application) and elsewhere in these Rules and Regula-
tions.
c. Posting of Permit to Operate
A person who has been granted under Rule 201(b) a permit to
operate any equipment described in Rule 201(b), shall firmly
affix such permit to operate, an approved facsimile, or other
approved Identification bearing the permit number upon the
article, machine, equipment, or other contrivance, in such a
manner as to be clearly visible and accessible. In the event
that the equipment 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 equipment or maintained readily
available at all times on the operating premises.
d. Altering of Permit
A person shall not willfully deface, alter, forge, counterfeit,
or falsify a permit to operate any equipment.
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(2.0) RULE 202 Exceptions
Any authority to construct or a permit to operate shall not be required
for:
a. Vehicles as defined by the Vehicle Code of the State of
California but not including any article, machine, equip-
ment, or other contrivance mounted on such vehicle that
would otherwise require a permit under the provisions of
these rules and regulations.
b. Vehicles used to transport passengers or freight.
c. Equipment utilized exclusively in connection with any
structure, which structure is designed for and used
exclusively as a dwelling for not more than four families.
d. The following equipment:
1. Comfort air conditioning or comfort ventilating
systems, which are not designed to remove air
contaminants generated by or released from specific
units or equipment.
2. Refrigeration units except those used as, or in
conjunction with, air pollution control equipment.
3. Piston type internal combustion engines.
4. Water cooling towers and water cooling ponds not
used for evaporative cooling of water from baro-
metric jets or from barometric condensers.
5. Equipment used exclusively for steam cleaning.
6. Presses used exclusively for extruding metals,
minerals, plastics, or woods.
7. Equipment used exclusively for space heating,
other than boilers.
8. Equipment used for hydraulic or hydrostatic testing.
9. Equipment used in eating establishments for the
purpose of preparing food for human consumption.
10. Equipment used exclusively to compress or hold
dry natural gas.
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e. The following equipment or any exhaust system or collector
serving exclusively such equipment:
1. Laboratory equipment used exclusively for chemical or
physical analyses and bench scale laboratory equipment.
2. Brazing, soldering or welding equipment.
f. Steam generators, steam superheaters, water boilers, water
heaters and closed heat transfer systems that have a maximum
heat input rate of less than 250,000,000 British Thermal Units
(BTU) per hour (gross), and are fired exclusively with one
of the following:
1. Natural gas.
2. Liquefied petroleum gas.
3. A combination of natural gas and liquefied petroleum gas.
g. Natural draft hoods, natural draft stacks or natural draft
ventilators.
h. Self-propelled mobile construction equipment other than pave-
ment burners.
i. Other sources of minor significance which may be specified
by the Air Pollution Control Officer.
j. Agricultural implements used in agricultural operations.
k. Vacuum cleaning systems used exclusively for industrial, com-
mercial or residential housekeeping purposes.
1. Repairs or maintenance not involving structural changes to
any equipment for which a permit has been granted.
m. Identical replacements in whole or in part of any equipment where
a permit to operate has previously been granted for such
equipment.
(2.0) RULE 203 Transfer
A permit shall not be transferable, whether by operation of law or
otherwise, either from one location to another from one piece of
equipment to another, or from one person to another.
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(3.0) RULE 204 Applications
Every application for a permit required under Rule 201 shall be
filed in the manner and form prescribed by the Air Pollution Control
Officer, and shall give all the Information necessary to enable the
Air Pollution Control Officer to make the determination required by
Rule 208 hereof.
(3.0) RULE 205 Cancellation of Applications
a. An authority to construct shall expire and the application
shall be cancelled two years from the date of Issuance of
the authority to construct.
b. An application for a permit to operate shall be cancelled
two years from the date of filing of the application.
(3.0) RULE 206 Action on Applications
The Air Pollution Control Officer shall act, within a reasonable time,
on a permit application and shall notify the applicant in writing of
his approval, conditional approval or denial.
(9.0) RULE 207 Provision of Sampling and Testing Facilities
A person operating or using any equipment for which these rules require
a permit shall provide and maintain such sampling and testing facili-
ties as specified in the permit.
(3.0) RULE 208 Standards for Granting Applications
a. The A1r Pollution Control Officer shall deny a permit, except
as provided 1n Rule 202, 1f the applicant does not show that
the use of any equipment, which may cause the Issuance of air
contaminants, or the use of which may eliminate or reduce or
control the issuance of air contaminants, is so designed,
controlled, or equipped with such air pollution control equip-
ment, that it may be expected to operate without emitting or
without causing to be emitted air contaminants in violation
of Section 24242 or 24243, Health and Safety Code, or of these
Rules and Regulations.
b. Before a permit is granted, the A1r Pollution Control
Officer may require the applicant to provide and maintain
such facilities as are necessary for sampling and testing
purposes in order to secure Information that will disclose
the nature, extent, quantity or degree of air contaminants
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discharged into the atmosphere from the equipment described
in the permit. In the event of such a requirement, the
Air Pollution Control Officer shall notify the applicant
in writing of the required size, number and location of
sampling holes; the size and location of the sampling
platform; the access to the sampling platform; and the
utilities for operating the sampling and testing equip-
ment. The platform and access shall be constructed in
accordance with the general industry safety orders of the
State of California.
c. In acting upon a permit to operate, if the Air Pollution
Control Officer finds that the equipment has been construc-
ted not in accordance with the authority to construct, he
shall deny the permit to operate. The Air Pollution
Control Officer shall not accept any further application
for permit to operate the equipment so constructed until
he finds that the equipment has been constructed in
accordance with the permit to construct.
(2.0) RULE 209 Conditional Approval
The Air Pollution Control Officer may issue an authority to construct or
a permit to operate, subject to conditions which will bring the opera-
tion of any equipment within the standards of Rule 208, in which case
the conditions shall be specified in writing. Commencing work under
such an authority to construct or operation under such a permit to
operate shall be deemed acceptance of all the conditions so specified.
The Air Pollution Control Officer shall issue an authority to construct
or a permit to operate with revised conditions upon receipt of a new
application, if the applicant demonstrates that the equipment can
operate within the standards of Rule 208 under revised conditions.
(3.0) RULE 210 Denial of Applications
In the event of denial of an authority to construct or permit to
operate, the Air Pollution Control Officer shall notify the applicant.
in writing of the reasons therefor. Service of this notification may
be made in person or by mail, and such service may be proved by the
written acknowledgment of the persons servced or affidavit of the
person making the service. The Air Pollution Control Officer shall not
accept a further application unless the applicant has complied with the
objections specified by the Air Pollution Control Officer as to his
reasons for denial of the authority to construct or permit to operate.
(2.0) RULE 211 Further Information
Before acting on an application for a permit the Air Pollution Control
Officer may require the applicant to furnish information or further plans
or specifications.
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(3.0) RULE 212 Applications Deemed Dented
The applicant may at his option deem the permit denied 1f the Air
Pollution Control Officer fails to act on the application within 30
days after filing, or within 30 days after applicant furnishes the
further information, plans and specifications requested by the Air
Pollution Control Officer, whichever is later.
(2.0) RULE 213 Appeals
Within 10 days after notice, by the A1r Pollution Control Officer, of
denial of a permit, the applicant may petition the Hearing Board, in
writing, for a public hearing. The Hearing Board, after notice and a
public hearing held within 30 days after filing the petition, may sus-
tain or reverse the action of the Air Pollution Control Officer; such
order may be made subject to specified conditions.
(3.0) RULE 214 Existing Sources
Existing sources, where control equipment has been installed, that were
in compliance and sources that are on a compliance schedule approved by
the control district, on the effective date of Rule 201, shall be issued
a conditional permit to operate. The conditional permit to operate
will not be valid if there is a significant change in the process or
significant increase in production.
Existing sources,requiring the installation of control equipment,
shall be issued a conditional permit to operate provided that an
acceptable time for compliance is filed with the Control Officer. The
time for compliance shall Include each of the following time: time for
engineering, time for procurement, time for fabrication, and time for
installation and adjustment. The Control Officer may require such
periodic reports on each phase of the progress toward compliance.
Failure at any phase to make reasonable progress toward completion of
such installations as are required for final compliance shall be deemed
an unreasonable delay in compliance and is subject to revocation of
the conditional permit to operate.
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REGULATION III - FEES
(3.0) RULE 301 Permit Fee
a. Filing Fee
Every applicant, except any state or local governmental agency
or public district, for an authority to construct or a permit
to operate equipment for which a permit is required by (the State
Law or) the Rules and Regulations of the Air Pollution Control
District, shall pay a filing fee of $20.00. Where an applica-
tion is filed for a permit to operate any article, machine,
equipment or other contrivance by reason of transfer from
one person to another, and where a permit to operate had pre-
viously been granted under Rule 201 and no alteration, addition
or transfer of location has been made, the applicant shall pay
only a $10.00 filing fee.
b. Permit Fee
Every applicant, except any state or local governmental agency
or public district, for a permit to operate, who files applica-
tion 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. .
c. Cancellation or Denial
If an application for an authority to construct or a permit to
operate is cancelled, or if an authority to construct or a per-
mit to operate is denied and such denial becomes final, the
filing fee required herein shall not be refunded nor applied to
any subsequent application.
d. Transfer of Location or Owner
Where an application is filed for a permit to operate any equip-
ment by reason of transfer of location or transfer from one
person to another, or both, and where a permit to operate has
previously been granted for such equipment under Rule 201 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 hori-
zontal inside cross sectional area or the increase in total
stationary container capacity resulting from such alterations
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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 the amount of the filing fee required herein.
e. Alteration of Equipment
Where an application is filed for an authority to construct or
a permit to operate exclusively involving revisions to the con-
ditions of an existing permit to operate or Involving alterations
or additions resulting in a change to any existing equipment
holding a permit under the provisions of Rule 201 of these
Rules and Regulations, 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 des-
cribed in the fee schedules contained herein. Where there is
no change or is a decrease in such rating, the applicant shall
pay only the amount of the filing fee required herein.
f. Permit Fee Penalty
After the provisions for granting permits as set forth in
Chapter 2, Division 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, 1n 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 automatic cancellation
of the application.
g. Permit Granted by Hearing Board
In the event that a permit to operate is granted by the Hearing
Board after denial by the Air Pollution Control Officer or after
the applicant deems his application denied, the applicant shall
pay the fee prescribed 1n the following schedules within 30
days after the date of the decision of the Hearing Board.
Nonpayment of the fee within this period of time shall result
in automatic cancellation of the permit and the application.
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h. Annual Renewal Fee
Annually on the anniversary of the Issuance of a permit to
operate granted under Rule 201, the permittee shall pay a
renewal fee amounting to one-fourth of the initial permit
fee under current fee schedules. The holder of permits
with more than one anniversary date may adjust annual re-
newal payments to a single anniversary date by prorating
renewal fee(s) as necessary. If the renewal fee is not
paid within 30 days after it 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 per-
mit shall be automatically revoked and the Air Pollution
Control Officer shall so notify the permittee by mail.
i. Multiple Locations
When permits have been issued to operate movable equipment
at two or more locations, only one annual renewal fee
will be charged. The anniversary date on which the annual
renewal fee will be due will be that noted on the original
permit.
j. Duplicate Permit
A request for a duplicate permit to operate shall be made
in writing to the Air Pollution Control Officer within 10
days after the destruction, loss or defacement of a per-
mit to operate. A fee of $2.00 shall be charged, except
to any state or local governmental agency or public dis-
trict, for issuing a duplicate permit to operate.
(3.0) RULE 302 Permit Fee Schedules
It is hereby determined that the cost of issuing permits, and of inspec-
tions pertaining to such issuance, exceeds the fees prescribed herein.
In determining the fees to be charged, the applicable equipment within
each process that requires a permit will be totalled for each schedule.
In the event that more than one fee schedule is applicable to a permit
to operate, the governing schedule shall be that which results in the
higher fee.
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SCHEDULE I
ELECTRIC MOTOR HORSEPOWER SCHEDULE
Any equipment which may cause the emission of air contaminants where
an electric motor is used as the power supply shall be assessed a per-
mit fee based on the total rated motor horsepower of all electric motors
included in any article, machine, equipment or other contrivance, in
accordance with the following schedule:
Horsepower Fee
Up to and including 25 $ 20.00
Greater than 25 but less than 50 28.00
50 or greater but less than 100 48.00
100 or greater but less than 200 76.00
200 or greater but less than 400 100.00
400 or greater but less than 800 148.00
800 or greater but less than 1,600 200.00
1,600 or greater 252.00
SCHEDULE 2
FUEL BURNING EQUIPMENT SCHEDULE
Any equipment which may cause the emission of air contaminants in which
fuel is burned, with the exception of incinerators which are covered in
Schedule 4, shall be assessed a permit fee based upon the design of the
equipment expressed in British Thermal Units(BTU) per hour in accordance
with the following schedule:
1000 British Thermal Units Per Hour Fee
Up to and including 150 $ 20.00
Greater than 150 but less than 400 28.00
400 or greater but lees than 650 48.00
650 or greater but less than 1,500 76.00
1,500 or greater but less than 2,500 100.00
2,500 or greater but less than 5,000 148.00
5,000 or greater but less than 15,000 200.00
15,000 or greater 252.00
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SCHEDULE 3
ELECTRICAL ENERGY SCHEDULE
Any equipment which may cause the emission of air contaminants and
which uses electrical energy, with the exception of electric motors
covered in Schedule 1, shall be assessed a permit fee based on the
total kilovolt ampere (KVA) ratings, in accordance with the following
schedule:
Kilovolt Amperes Fee
Up to and including 45 $ 20700
Greater than 45 but less than 145 . 28.00
145 or greater but less than 450 48.00
450 or greater but less than 1,450 60.00
1,450 or greater but less than 4,500 88.00
4,500 or greater but less than 14,500 148.00
14,500 or greater ..... 252.00
SCHEDULE 4
INCINERATOR SCHEDULE
Any equipment designed and used primarily to dispose of combustible
refuse by wholly consuming the material charged leaving only the ashes
or residue shall be assessed a permit fee based on the following schedule
of the maximum horizontal inside cross sectional area, in square feet,
of the primary combustion chamber:
Area in Square Feet Fee
Up to and including 8 .$ 20.00
Greater than 8 but less than 16 28.00
16 or greater but less than 27 36.00
27 or greater but less than 47 56.00
47 or greater but less than 90 76.00
90 or greater 112.00
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SCHEDULE 5
STATIONARY CONTAINER SCHEDULE
Any stationary tank, reservoir, or other container, the contents of
which may emit an air contaminant, shall be assessed a permit fee
based on the following schedule of capacities in gallons or cubic
equivalent:
Gallons Fee
Up to and including 5,000 $ 20.00
Greater than 5,000 but less than 20,000 24.00
20,000 or greater but less than 50,000 36.00
50,000 or greater but less than 100,00 48.00
100,000 or greater but less than 500,00 . 64.00
500,000 or greater but less than 1,000,000 .... 80.00
1,000,000 or greater 100.00
SCHEDULE 6
MISCELLANEOUS SCHEDULE
Any article, machine, equipment or other contrivance which may cause
the issuance of air contaminants as defined in Rule 102 of the Rules
and Regulations, which is not included in the preceding schedules, shall
be assessed a permit fee of $20.00.
(9.0) RULE 303 Analysis Fees
Whenever the Air Pollution Control Officer finds that an analysis of
the emission from any source 1s necessary to determine the extent and
amount of pollutants being discharged into the atmosphere which cannot
be determined by visual observation, he may order the collection of
samples and the analysis made by qualified personnel of the Air Pollution
Control District. The time required for collecting samples, making the
analysis, the preparing the necessary reports, but excluding time
required in going to and from such premises, may be charged against the
owner or operator of said premises 1n a reasonable sum to be determined
by the Air Pollution Control Officer, which said sum is not to exceed
the actual cost of such work.
(13.0) RULE 304 Technical Reports - Charge For;
Information, circulars, reports prepared by the Air Pollution Control
District when supplied to other governmental agencies or individuals or
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groups requesting copies of the same may be charged for by the district
in a sum not to exceed the cost of preparation and distribution of such
documents. All such monies collected shall be turned into the general
funds of the said district.
(16.0) RULE 305 Hearing Board Fees
a. Every applicant or petitioner for variance, or for the extension
revocation or modification of a variance, or for an appeal
from a denial or conditional approval of an authority to construct
or permit to operate, except any state or local governmental
agency or public district, shall pay the clerk of the Hearing
Board, on filing, a fee in the sum of $50.00. It is hereby
determined that the cost of administration of Article 5,
Chapter 2, Division 20, Health and Safety Code exceeds $50.00
per petition.
b. Any person requesting a transcript of the hearing shall pay
the cost of such transcript.
c. This rule shall not apply to petitions filed by the Air
Pollution Control Officer.
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REGULATION IV - PROHIBITIONS
(50.1.2) RULE 401 Visible Emissions
A person shall not discharge Into the atmosphere, from any single source
of emission whatsoever, any air contaminant for a period or periods
aggregating more than 3 minutes in any one hour which is:
a. As dark or darker 1n shade as that designated as No. 1 on the
Ringelmann Chart, as published by the United States Bureau of
Mines.
b. Of such opacity as to obscure an observer's view to a degree
equal to or greater than does smoke described in subsection
(a) of this Rule.
RULE 401 (a) and 401 (b) shall not apply if it is shown by the owner
or operator of the emission source that the emission source was, at the
time of violation of Rules 401 (a) and (b), in compliance with other
applicable emission standards of Regulation IV.
(2.0) RULE 402 Exceptions
The provisions of Rule 401 do not apply to:
a. Smoke from fires set by or permitted by any public officer, if
such fire is set or permission given in the performance of the
official duty of such officer and such fire in the opinion of
such officer is necessary:
1. For the purpose of the prevention of a fire hazard which
cannot be abated by any other means, or
2. For the instruction of public employees in the methods of
fighting fire.
b. Smoke from fires set pursuant to permit on property used for
industrial purposes for the purpose of instruction of employees
in methods of fighting fire.
c. Agricultural operations in the growing of crops or raising of
fowl or animals.
d. The use of an orchard or citrus grove heater which does not
produce unconsumed solid carbonaceous matter at a rate in
excess of one (1) gram per minute.
e. The use of other equipment in agricultural operations in the
growing of crops, or the raising of fowl or animals.
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(50.1.2) RULE 403 Wet Plumes
Where the presence of uncomblned water is the only reason for the failure
of an emission to meet the limitation of Rule 401, that rule shall not
apply. The burden of proof which establishes the application of this
rule shall be upon the person seeking to come within its provisions.
(50.1) RULE 404 Particulate Hatter Concentration - Vailey Basin
A person shall not discharge into the atmosphere from any single source
operation particulate matter in excess of 0.1 grains per cubic foot of
gas at standard conditions.
(50.1) RULE 404.1 Particulate Matter Concentration - Desert Basin
A person shall not discharge into the atmosphere from any single source
operation, in service on the date this rule is adopted, particulate
matter in excess of 0.2 grains per cubic foot of gas at standard
conditions.
A person shall not discharge into the atmosphere from any single source
operation, the construction or modification of which commended after the
adoption of this rule, particulate matter in excess of 0.1 grains per
cubic foot of gas at standard conditions.
(50.1) RULE 405 Particulate Matter - Emission Rate
A person shall not discharge into the atmosphre from any source operation
particulate matter in excess of the following process weight tables:
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Process Weight Table - Valley Basin
ALLOWABLE RATE OF EMISSION BASED ON
PROCESS WEIGHT RATE
Process Weight Emission Rate
Lbs./Hr. Lbs./Hr.
50 0.36
100 0.55
500 1.53
1,000 2.25
5,000 6.34
10,000 9.73
20,000 14.99
60,000 29.60
80,000 31.19
120,000 33.28
160,000 34.85
200,000 36.11
400,000 40.35
1,000,000 46.72
Interpolation of the data for the process weight rates up to 60,000
Ibs./hr. shall be accomplished by the use of the equation:
E = 3.59 P0-62 P £ 30 tons/hr.
and interpolation and extrapolation of the data for process weight
rates in excess of 60,000 Ibs./hr. shall be accomplished by use of
the equation:
E = 17.31 P0'16 P > 30 tons/hr.
Where: E = Emissions in pounds per hour.
P = Process weight rate in tons per hour.
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Process Weight Table - Desert Basin
ALLOWABLE WEIGHT OF EMISSION BASED ON
PROCESS WEIGHT RATE
Process Wt. Emission Rate Process Wt. Emission Rate
Ibs/hr Ibs/hr Ibs/hr Ibs/hr
250 or less 1.03 6500 7.71
300 1.20 7000 8.05
350 1.35 7500 8.39
400 1.50 8000 8.71
450 1.63 8500 9.03
500 1.77 9000 9.36
600 2.01 9500 9.67
700 2.24 10000 10.00
800 2.43 12000 11.28
900 2.62 14000 12.50
1000 2.80 16000 13.74
1200 3.12 18000 14.97
1400 . 3.40 20000 16.19
1600 3.66 30000 22.22
1800 3.91 40000 28.30
2000 4.14 50000 34.30
2500 4.64 60000 or more 40.00
3000 5.10
3500 5.52
4000 5.93
4500 6.30
5000 6.67
5500 7.03
6000 7.37
Where the process weight per hour falls between figures listed in the
table, the exact weight of permitted discharge shall be determined by linear
interpolation.
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(50.1.1) RULE 406 Process Weight - Portland Cement Kilns
Cement kilns, the construction or modification of which is commenced after
August 17, 1971 shall not discharge into the atmosphere particulate
matter in excess to the Environmental Protection Agency Standards of
Performance. Cement kilns regulated by this rule are not subject to
other process weight rules.
(50.2) RULE 407 Sulfur Compounds
A person shall not discharge into the atmosphere sulfur compounds, which
would exist as a liquid or gas at standard conditions, exceding in
concentration at the point of discharge: 0.2 percent by volume cal-
culated as sulfur dioxide (S02).
(51.9) RULE 407.1 Disposal of Solid and Liquid Waste
A person shall not discharge into the atmosphere from any incinerator
or other equipment used to dispose of combustible refuse by burning,
particulate matter in excess of 0.1 grain per cubic foot of gas cal-
culated to 12 percent of carbon dioxide (C02) at standard conditions.
Any 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).
(51.5) RULE 407.2 Fuel Burning Equipment - Combustion Contaminants
A person shall not discharge into the atmosphere combustion contaminants
exceeding 1n concentration at the point of discharge, 0.1 grain per
cubic foot of gas calculated to 12 percent of carbon dioxide (C02) at
standard conditions.
51.5)
51.6)
RULE 408 Fuel Burning Equipment - Valley Basin
51.7) A person shall not build, erect, install or expand any non-mobile fuel
burning equipment unit unless the discharge into the atmosphere of
contaminants will not and does not exceed any one or more of the following
rates:
1. 200 pounds per hours of sulfur compounds, calculated as
sulfur dioxide (S02);
2. 140 pounds per hour of nitrogen oxides, calculated as
nitrogen dioxide (N02);
3. 10 pounds per hour of combustion contaminants as defined in
Rule 102h and derived from the fuel.
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(51.5) RULE 409 Fuel Burning Equipment - Desert Basin
(51!7) Fuel burning equipment, the construction or modification of which is
commenced after August 17, 1971, shall not discharge into the atmosphere
particulate matter, sulfur dioxide or nitrogen oxides in excess of the
Environmental Protection Agency Standards of Performance.
For the purpose of Rule 408 and 409, "fuel burning equipment" means
any furnace, boiler, apparatus, stack, and all appurtenances thereto
used in the process of burning fuel for the primary purpose of producing
heat or power by indirect heat transfer. A fuel burning unit shall be
comprised of the minimum number of fuel burning equipment, the simultaneous
operations of which are required for the production of useful heat or
power.
Fuel burning equipment serving primarily as air pollution control
equipment by using a combustion process to destroy air contaminants
shall be exempt from the provisions of Rule 408 and 409.
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
emissions.
(50.4) RULE 410 Organic Solvents
a. A person shall not discharge into the atmosphere more than 15
pounds of organic materials in any 1 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 said discharge has been
reduced by at leat 85 percent. Those portions of any series
of articles, machines, equipment, or other contrivances de-
signed for processing continuous web, strip, or wire that emit
organic materials in the course of using operations described
1n this section shall be collectively subject to compliance
with this section.
b. A person shall not discharge into the atmosphere more than
40 pounds of organic materials in any 1 day from any article,
machine, equipment, or other contrivance used under conditions
other than those described in paragraph (a) of this section for
employing or applying any photochemically reactive solvent, as
defined in paragraph (j) of this section, or material containing
such photochemically reactive solvent, unless said discharge
has been reduced by at least 85 percent. Emissions of organic
materials into the atmosphere resulting from air or heated-
drying of products for the first 12 hours after their removal
from any article, machine, or other contrivance described in
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this section shall be Included In determining compliance
with this paragraph. Emissions resulting from baking, heat-
curing, or heat-polymerizing as described in paragraph (a) of
this section shall be excluded from determination of compliance
with this section. Those portions of any series of articles,
machines, equipment, or other contrivances designated for
processing a continuous web, strip, or wire that emit organic
materials in the course of using operations described in
this section shall be collectively subject to compliance with
this section.
c. A person shall not, after August 31, 1976, discharge into the
atmosphere more than 3,000 pounds of organic materials in any
1 day from any article, machine, equipment, or other contri-
vance in which any non-photochemically reactive organic solvent
or any material containing such a solvent 1s employed or
applied, unless said discharge has been reduced by at least 85
percent. Emissions of organic materials into the atmosphere
resulting from air or heated-drying of products for the first
12 hours after their removal from any article, machine, equip-
ment, or other contrivance described in this section shall
be included in determining compliance with this section.
Emissions resulting from baking, heat-curing, or heat-polymeriz-
ing as described in paragraph (a) of this section shall be ex-
cluded from determination of compliance with this section.
Those portions of any series of articles, machines, equipment,
or other contrivances designed for processing a continuous
web, strip, or wire that emit organic materials in the course
of using operations described in this section shall be col-
lectively subject to compliance with this section.
d. Emissions of organic materials to the atmosphere from the
cleanup with photochemically reactive solvent, as defined in
section (j), of any article, machine, equipment or other
contrivance described in sections (a), (b), or (c), shall be
included with the other emissions of organic materials from
that article, machine, equipment or other contrivance for de-
termining compliance with this rule.
e. Emissions of organic materials Into the atmosphere required to
be controlled by sections (a), (b), or (c), shall be reduced
by:
1. Incineration, provided that 90 percent or more of the
carbon 1n the organic material being incinerated is
oxidized to carbon dioxide, or
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2. Adsorption, or
3. Processing in a manner determined by the Air Pollution
Control Officer to be not less effective than (1) or
(2) above.
f. 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 operation, devices as specified in the authority to con-
struct 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 neces-
sary to determine the degree and effectiveness of air pollution
control.
g. Any person using organic solvents or any materials containing
organic solvents shall supply the Air Pollution Control
Officer, upon request and in the manner and form prescribed by
him, written evidence of the chemical composition, physical
properties and amount consumed for each organic solvent used.
h. The provisions of this rule shall not apply to:
1. The manufacture of organic solvents, or the transport or
storage of organic solvents or materials containing
organic solvents.
2. The use of equipment for which other requirements are
specified by Rules 411, 412, 412.1, 413, and 414, or
which are exempt from air pollution control requirements
by said rules.
3. The spraying or other employment of insecticides, pesticides
or herbicides.
4. The employment, application, evaporation or drying of
saturated halogenated hydrocarbons or perch!oroethylene.
5. The use of any material, in any article, machine, equip-
ment or other contrivance described 1n sections (a), (b),
(c), or (d), 1f:
(1) the volatile content of the material consists only of
water and organic solvents, and
(11) the organic solvents content comprises not more than
20% by volume of the total volatile content, and
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(iii) the volatile content 1s not photochemically reactive,
and
(iv) the organic solvent does not come Into contact with
f1ame.
6. The use of any material in any article, machine, equip-
ment or other contrivance described in sections (a), (b),
(c), or (d) if:
(i) until January 1, 1977, the organic solvent content
of a material does not exceed 30% by volume of said
material; after January 1, 1977, the organic solvent
content of such material shall not exceed 20% by
volume, and
(ii) the volatile content is not photochemically reactive,
and
(iii) the organic solvent content does not come into con-
tact with flame.
i. For the purpose of this rule, organic solvents include
diluents and thirvners and are defined as organic materials
which are liquids at standard conditions and which are used as
dissolvers, viscosity reducers or cleaning agents, except
that such materials exhibiting a boiling point higher than
220 F at 0.5 millimeter mercury absolute pressure or having an
equivalent vapor pressure shall not be considered to be sol-
vents unless exposed to temperatures exceeding 220 F.
j. For the purposes of this rule,a photochemically reactive sol-
vent is any solvent with an aggregate of more than 20 percent
of its total volume composed of chemical compounds classified
below or which exceeds any of the following individual per-
centage composition limitations, referred to the total volume
of solvent:
1. A combination of hydrocarbons, alcohols, aldehydes,
esters, ethers or ketones having an olefinic or cycloole-
finlc type of unsaturatlon: 5 percent;
2. A combination of aromatic compounds with eight or more
carbon atoms to the molecuile except ethyl benzene:
8 percent;
3. A combination of ethylbenzene, ketones having branched
hydrocarbon structures trichloroethylene or tuoluene:
20 percent.
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Whenever any organic solvent or any constituent of an organic
solvent may be classified from its chemical structure into more
than one of the above groups of organic compounds, it shall be
considered as a member of the most reactive chemical group; that
is, that group having the least allowable percentage of the
total volume of solvents.
k. For the purpose of this rule, organic materials are defined as
chemical compounds of carbon excluding carbon monoxide, carbon
dioxide, carbonic acid, metallic carbides, metallic carbonates
and ammonium carbonate.
(50.4) Rule 410.1 Architectural Coatings
a. A person shall not sell or offer for sale for use in Kern
County, in containers of one quart capacity or larger, any
architectural coating containing photochemically reactive
solvent, as defined in Rule 410 (k).
b. A person shall not employ, apply, evaporate or dry in Kern
County any architectural coating, in containers of one quart
capacity or larger, containing photochemically reactive sol-
vent as defined in Rule 410 (k).
c. A person shall not thin or dilute any architectural coating with
a photochemically reactive solvent as defined in Rule 410 (k).
d. For the purposes of this Rule an architectural coating is de-
fined as a coating used for residential or commercial buildings
and their appurtenances; or industrial buildings.
(50.4) Rule 410.2 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 410 (k), or of any material containing more than 1 1/2 gallons of
any such photochemically reactive solvent into the atmosphere.
This Rule shall become effective on January 1, 1974, for all sources
which are either in operation or under construction on June 21, 1972.
This Rule shall be effective for all other sources on June 21, 1972.
(51.16) Rule 411 Storage of Petroleum Products
A person shall not place, store or hold in any stationary tank, reser-
voir or other container of more than 40,000 gallons capacity any gaso-
line or any petroleum distillate having a vapor pressure of 1.5 pounds
per square inch or greater under actual storage conditions, unless such
tank, reservoir or other container is a pressure tank maintaining work-
ing pressures sufficient at all times to prevent hydrocarbon vapor or
gas loss to the atmosphere, or is designed and equipped with one of the
following vapor loss control devices, properly installed, in good working
order and in operation:
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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 distillate has a vapor pressure of
11.0 pounds per square inch 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 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.
c. Other equipment of equal efficiency, provided such equipment
is submitted to and approved by tbe Air Pollution Control
Officer.
(51.16) RULE 412 Transfer of Gasoline into Stationary Storage Containers
a. A person shall not transfer or permit the transfer of gasoline
from any delivery vessel (i.e., tank truck or trailer) into
any stationary storage container with a capacity or more than
250 gallons unless such container is equipped with a permanent
submerged fill pipe and unless 90 percent by weight of the
gasoline vapors displaced during the filling of the stationary
storage container are prevented from being released to the
atmosphere.
b. The provisions of this Section shall be subject to the follow-
ing exceptions:
1. The transfer of gasoline into any stationary storage con-
tainer used primarily for the fueling of implements of
husbandry as such vehicles are defined in Division 16
(Section 36000 et seq.) of the California Vehicle Code,
if such container is equipped by July 1, 1976 with a per-
manent submerged fill pipe.
2. The transfer of gasoline into any stationary storage con-
tainer having a capacity of 2,000 gallons or less which
was installed prior to July 1, 1975, if such container
is equipped by July 1, 1976 with a permanent submerged
fill pipe.
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3. The transfer of gasoline into any stationary storage con-
tainer in existence prior to July 1, 1975 which is served
by a delivery vessel exempted by the Air Pollution Control
Officer pursuant to Section d(l) of this Rule, if such
container is equipped by July 1, 1976 with a permanent
submerged fill pipe.
4. The transfer of gasoline into any stationary storage con-
tainer which was installed prior to July 1, 1975, and
located in the Desert Basin of Kern County.
5. The transfer of gasoline into any stationary storage con-
tainer which the Air Pollution Control Officer finds is
equipped with equipment to control emissions at least as
effectively as required by this Section.
6. The transfer of gasoline Into any stationary storage con-
tainer in existence prior to July 1, 1975 which is equipped
with an offset fill pipe.
No person shall store gasoline in or otherwise use or operate
any gasoline delivery vessel unless such vessel is designed
and maintained to be vapor tight. Any delivery vessel into
which gasoline vapors have been transferred shall be refilled
only at a loading facility that is equipped with a system
that prevents at Idast 90 percent by weight of the gasoline
vapors displaced from entering the atmosphere.
1. The owner or operator of any bulk loading facility not
subject to the provisions of Rule 413 which was in opera-
tion on or before July 1, 1975, and for which the annual
throughput to stationary storage containers that are not
exempted by Sections b(l) and b(2) does not exceed 500,000
gallons, may petition the Air Pollution Control Officer
to have the facility's delivery vessels and other indepen-
dently owned gasoline delivery vessels which are exclusively
serviced at such facility exempted from the provisions of
Section c. The owner or operator of such a facility must
petition annually to renew such exemptions.
2. A person shall not load gasoline into any delivery vessel
from any loading facility granted an exemption pursuant
to Section d(l) of this Rule unless, by July 1, 1976,
such delivery vessel is loaded through a submerged fill
pipe.
3. A person shall not operate any gasoline loading facility
which is not subject to the provisions of Rule 413 after
July 1, 1976 unless:
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a. The facility is equipped with a system or systems to
prevent the release to the atmosphere of at least
90 percent by weight of the gasoline vapors dis-
placed during the filling of the facility's station-
ary storage containers; and
b. The facility is equipped with a pressure -vacuum valve
on the above ground stationary storage containers with
a minimum pressure valve setting of 15 ounces, pro-
vided that such setting will not exceed the con-
tainer's maximum pressure rating.
e. The owner or operator of any stationary storage container or
gasoline loading facility which is subject to this Rule and
which is installed or constructed on or after July 1, 1975
shall comply with the provisions of this Rule at the time of
installation.
f. The owner or operator of any stationary storage container
subject to this Rule or gasoline loading facility granted an
exemption pursuant to Section d(l) of this Rule which is
operating or in the process of being installed or constructed
prior to July 1, 1975 shall comply with the provisions of this
Rule by July 1, 1976, and shall comply with the following
schedule:
(1) By November 1, 1975 r Apply for an authority to con-
struct from the Air Pollution Control Officer for the
installation of the needed control system;
(2) By January 1, 1976 - Submit to the Air Pollution Control
Officer evidence that all necessary contracts for the
design, procurement, and installations of the required
emission control system have been negotiated and signed,
or evidence that orders for the purchase of component
parts necessary to accomplish the necessary emission
control have been issued;
(3) By March 1, 1976 - Initiate on-site construction or
installation of emissions control equipment.
(4) By June 1, 1976 - Complete on-site construction or
installation of emission control equipment; and
(5) By July 1, 1976 - Secure the Air Pollution Control
Officer's approval of all equipment and a permit to
operate.
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g. Any gasoline loading facility not granted an exemption pursuant
to Section d(l) of this Rule and non-exempt accounts served
by such facility shall comply with the provisions of this
Rule by January 1, 1977, and shall comply with the following
schedule:
(1) By May 1, 1976 - Apply for an authority to construct
from the Air Pollution Control Officer for the installa-
tion of the needed control system;
(2) By June 1, 1976 - Submit to the Air Pollution Control
Officer evidence that all necessary contracts for the
design, procurement, and installation of the required
emissions control systems have been negotiated and
signed, or evidence that orders for the purchase of
component parts necessary to accomplish the necessary
emission control have been issued;
(3) By September 1, 1976 - Initiate on-site construction or
installation of emission control equipment;
(4) By December 1, 1976 - Complete on-site construction or
installation of emissions control equipment; and
(5) By January 1, 1977 - Secure the Air Pollution Control
Officer's approval of all equipment and a permit to
operate.
h. Vapor-return and/or vapor recovery systems used to comply with
the provisions of this Rule shall comply with all safety, fire,
weights and measures, and other applicable codes and/or
regulations.
i. (1) For the purposes of this Rule, the term "gasoline" is
defined as any petroleum distillate having a Reid vapor
pressure of 4 pounds or greater.
(2) For the purposes of this Rule "gasoline vapors" means the
organic compounds in the displaced vapors including any
entrained liquid gasoline.
(3) For the purposes 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
6 inches above the bottom of the container. "Submerged
fill pipe" when applied to a container which is loaded
from the side is defined as any fill pipe the discharge
opening of which is entirely submerged when the liquid
level is 18 inches above the bottom of the container.
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(51.16) RULE 412.1 Transfer of Gasoline into Vehicle Fuel Tanks
a. A person shall nott^ansfer or permit the transfer of gasoline
from a stationary storage container subject to the provisions
of Section a. of Rule 412 into any motor vehicle fuel tank with
a capacity of greater than 5 gallons unless such transfer is
made in a manner by which the emissions to the atmosphere of
the gasoline vapors displaced during filling of the vehicle fuel
tank are reduced by at least 90 percent by weight.
b. Any gasoline dispensing system subject to this Rule, installed
on or after July 1975, shall comply with the provisions of this
Rule at the time of installation.
c. Any gasoline dispensing system subject to this Rule, installed
or in the process of being installed prior to July 1, 1975,
shall comply with the provisions of this Rule by May 31, 1977,
and the owner or operator of such system shall comply with the
following schedule:
1. By July 1, 1976 - Apply for an authority to construct
from the Air Pollution Control Officer for the installation
of the needed control system;
2. By August 1, 1976 - Submit to the Air Pollution Control
Officer evidence that all necessary contracts for the
design, procurement, and installation of the required
emission control systems have been negotiated and signed,
or evidence that orders for the purchase of component
parts necessary to accomplish the necessary emission con-
trol have been issued;
3. By February 1, 1977 - Initiate on-site construction or
installation of emission control equipment;
4. By May 1, 1977 - Complete on-site construction or installa-
tion of emission control equipment; and
5. By May 31, 1977 - Secure the Air Pollution Control Officer's
approval of all equipment and a permit to operate.
d. Gasoline dispensing equipment used to comply with the provisions
of this Rule shall comply with all applicable safety, fire,
weights and measures, and other applicable codes and/or
regulations.
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e. 1. For the purposes of this Rule, the term "gasoline" is
defined as any petrodistillate having a Reid vapor
pressure of 4 pounds or greater.
2. For the purposes of this Rule, "motor vehicle" is defined
as any vehicle registered with the California Department
of Motor Vehicles.
(51.16) RULE 413 Organic Liquid Loading
A person shall not load organic liquids having a vapor pressure of
1.5 pounds per square inch or greater under actual loading conditions
into any truck, trailer, or railroad tank car from any loading facility
unless the loading facility is equipped with a vapor collection and
disposal system or its equivalent approved by the Air Pollution Control
Officer.
Loading shall be accomplished in such a manner that all displaced vapor
and air will be vented only to the vapor collection system. Measures
shall be taken to prevent liquid drainage from the loading device when
it is not in use or to accomplish complete drainage before the loading
device is disconnected.
The vapor disposal portion of the vapor collection and disposal system
shall consist of one of the following:
a. An absorber system or condensation system which processes all
vapors and recovers at least 90 percent by weight of the
organic vapors and gases from the equipment being controlled.
b. A vapor handling system which directs all vapors to a fuel gas
system.
c. Other equipment of an efficiency equal to or greater than (a)
or (b) if approved by the Air Pollution Control Officer.
This rule shall apply only to the loading of organic liquids having a
vapor pressure of 1.5 pounds per square inch or greater under actual
loading conditions at a facility from which at least 20,000 gallons of
such organic liquids are loaded in any one day.
"Loading facility", for the purpose of this Rule, shall mean any
aggregation or combination of organic liquid loading equipment which
is both (1) possessed by one person, and (2) located so that all the
organic liquid loading outlets for such aggregation or combination of
loading equipment can be encompassed within any circle of 300 feet in
diameter.
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(51.16) RULE 414 Effluent Oil Water Separators
A person shall not use any compartment of any vessel or device .operated
for the recovery of oil from effluent water which recovers 200 gallons
a day or more of any petroleum products from any equipment which pro-
cesses, refines, stores, or handles hydrocarbons with a Reid vapor
pressure of 0.5 pounds per square inch or greater, unless such compart-
ment is equipped with one of the following vapor loss control devices,
except when gauging or sampling is taking place:
a. A solid cover with all openings sealed and totally enclosing
the liquid contents of that compartment.
b. A floating pontoon or double-deck type cover, equipped with
closure seals, to enclose any space between the cover's
edge and compartment wall.
c. A vapor recovery system which reduces the emission of all
hydrocarbon vapors and gases into the atmosphere by at least
90 percent by weight.
d. Other equipment of an efficiency equal to or greater than
(a), (b), or (c), if approved by the Air Pollution Control
Officer.
This rule shall not apply to any oil-effluent water separator used
exclusively in conjunction with the production of crude oil, if the
water fraction of the oil-water effluent entering the separator con-
tains less than 5 parts per million hydrogen sulfide, organic sulfides,
or a combination thereof.
(51.21) RULE 415 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:
a. Incinerated at temperatures of not less than 1200 degrees
Fahrenheit for a period of not less than 0.3 seconds, or
b. Processed 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
effluents pursuant to this rule shall provide, properly install and
maintain in calibration, in good working order and in operation devices,
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as specified in the Authority to Construct or Permit to Operate or
as specified by the Air Pollution Control Officer for indicating
temperature, pressure or other operating conditions.
For the purpose of this rule, "reduction" is defined as any heated
process, including rendering, cooking, drying, dehydration, digesting,
evaporating and protein concentrating.
The provisions of this rule shall not apply to any article, machine,
equipment or other contrivance used exclusively for the processing
of food for human consumption.
(51.13) RULE 416 Open Burning
No person shall burn any refuse or other material in an open out-
door fire within the boundaries of the Kern County Air Pollution
Control District.
(2.0) RULE 417 Exceptions
The exceptions to the Open Burning Rule 416 are as follows:
a. When such fire is set or permission for such fire is given
in the performance of the official duty of any public
officer, and such fire in the opinion of such officer is
necessary for the purpose of the prevention of a fire hazard
which cannot be abated by any other means, or for the instruc-
tion of public or industrial employees in methods of fire
fighting.
b. Safety flares for the combustion of waste gases.
c. Fires used only for cooking of food for human beings.
d. When the material to be burned is residential rubbish and
originates on and is being burned on premises not served by
an organized solid waste disposal service, or available to
a disposal site.
e. Backfires or other fire control methods used for the purpose
of controlling an existing wild fire.
f. These exceptions shall not apply to any industrial, commercial,
or institutional facility wherever located, or to a residen-
tial facility constructed for the use of more than 2 families.
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g. Burning for right-of-way clearing, levee and ditch bank
maintenance, or open burning at dumps by a public entity
or utility when a permit is obtained from the control
district. This exception shall be subject to all the
provisions of Rule 417h.
h. Conducting agricultural operations in the growing of crops,
or raising of fowl, animals, or bees on a farm for the pri-
mary purpose of making a profit or for a livelihood; forest
management, or range improvement, subject to the following;
!• General Definitions
(a) Agricultural Burning
Means open outdoor fire used in agricultural
operations in the growing of crops or raising of
fowls or animals, forest management, or range
improvement, including the burning of agricultural
wastes.
(b) Agricultural Wastes
Are defined as unwanted or unsalable materials pro-
duced wholly from agricultural operations directly
related to the growing of crops or the raising of
animals for the primary purpose of making a profit
or for a livelihood; forest management or range
improvement. This also includes, for the purpose
of cultural practice burns, the burning of fence rows
and ditch banks for weed control and weed mainten-
ance and burning in nontillage orchard operations,
but does not include such items as shop wastes,
demolition material, garbage, oil filters, tires,
pesticide containers, broken boxes, pallets, and
other similar material, or orchard or vineyard wastes
removed for land use conversion to non-agricultural
purposes.
(c) No-Burn Day
Means any day on which the Board prohibits agricultural
burning.
(d) Burn Day
Means any day on which the Board does not prohibit
agricultural burning.
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(e) Board
Means the California State Air Resources Board or
any person authorized to act in its behalf.
(f) County and Regional Authority
Includes county air pollution control districts,
regional air pollution control districts, and unified
air pollution control districts which may exist
within the boundaries of the San Joaquin Valley Air
Basin.
(g) Approved Ignition Devices
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, propane or diesel oil burners, and flares,
but does not include the use of tires, tar paper,
oil and other similar materials.
II. Prohibitions
(a) No person knowingly shall set or permit agricultural
burning unless he has a valid permit from the fire
control agency designated by the local air pollution
control board to issue such permits in the area where
the agricultural burn will take place.
(1) Each fire control agency so designated by the
Board shall issue agricultural burning permits
subject to the Rules and Regulations of the
board and of the county air pollution control
district.
(b) Each applicant for a permit shall provide informa-
tion as required by the designated fire protection
agency for fire protection purposes.
(c) Each applicant for a permit shall provide informa-
tion as required by the Air Pollution Control
District.
(d) Prior to the burn, notice of intent shall be given
by the permittee to the fire control agency having
jurisdiction over the site of the proposed burn.
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(e) No permit shall be valid for any day during a
period in which agricultural burning is prohibited
by the Board.
(f) No permit shall be valid for any day in which
burning is prohibited by the designated fire
control agency having jurisdiction over the site
of the burn for the purposes of fire control or
prevention.
(g) All agricultural wastes to be burned must be free
of tires, rubbish, tar paper, construction debris,
used pesticide containers, and all other nonagricul-
tural wastes.
(h) All agricultural wastes to be burned shall be loosely
stacked in such manner as to promote drying and
insure combustion with a minimum of smoke produc-
tion. All agricultural wastes to be burned shall
be free of excessive dirt, soil, and visible sur-
face moisture.
(i) All agricultural wastes to be burned shall be ignited
only with approved types of ignition devices as
defined herein.
(j) The following types of agricultural waste materials
to be burned shall be allowed to dry for the follow-;
ing minimum time periods or equivalent:
(1) Rice Stubble: 4 days following harvest
(2) Dry Cereals: 0 days
(3) Prunings and small branches: 3 weeks
(4) Large branches and trees: 6 weeks
(k) Materials to be burned shall be ignited only during
daylight hours, and all burning shall be terminated
by sunset of each day. No material shall be added
to an existing fire after 3:00 p.m., Pacific Standard
Time.
(1) 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.
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(m) 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 discharge a volume of contaminants
into the atmosphre sufficient to cause adverse
conditions.
III. Exceptions
(a) Exceptions to Rule Il-e and Il-k: the Air Pollution
Control Officer may grant an exception to allow
burning on a No-Burn-Day so designated by the Board,
and in certain situations to allow burning to con-
tinue past sunset of each day, when denial of such
permit would threaten imminent and substantial
economic loss.
The granting of an exception does not exempt the
applicant from any other district or fire control
regulation. The applicant shall submit in writing
on the form provided, his reasons for the exception.
The Air Pollution Control Officer may seek the
advice of the County Agricultural Commissioner, the
County Farm Advisor, or other informed sources.
(b) Agricultural burning at 4,000 feet or more above
sea level is exempt from Rule 417-II-e.
(51.9) RULE 418 Incinerator Burning
A person shall not burn in any incinerator within the County Air
Pollution Control District except in a multiple-chamber incinerator as
described in Rule 102t, or in equipment found by the Air Pollution Con-
trol! Officer to be equally effective for the purpose of air pollution
control as an approved multiple-chamber incinerator. The incineration
of residential rubbish as permitted in Rule 417d shall be conducted in
accordance with the Uniform Fire Code.
(50.7) RULE 419 Nuisance
A person shall not discharge from any source whatsoever such quantities
of air contaminants or other material which cause injury, detriment,
nuisance or annoyance to any considerable number of persons or to the
public or which endanger the comfort, repose, health or surety of any
such person or the public or which cause or have a natural tendency to
cause injury or damage to business or property.
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(2.0) RULE 420 Exception
The provisions of Rule 419 do not apply to odors emanating from
agricultural operations in the growing of crops or raising of fowl
or animals.
(51.1) RULE 421 Orchard Heaters
a. Definition: "Orchard heater" means any article, machine, equip-
ment, or other contrivance burning any type of fuel, or
charcoal briquettes or similiar substances burned by an open
flame, capable of being used for the purpose of giving pro-
tection from frost damage. For the purpose of this rule,
"orchard heater" shall include heaters used for frost pro-
tection for orchards, vineyards, field crops and truck crops.
The contrivance commonly known as a wind machine is not
Included.
b. No new orchard heater produced or manufactured shall be sold for
use against frost damage after January 1, 1971, unless it has
been approved by the State Air Resources Board.
c. No person shall use any orchard heater after January 1, 1973,
unless it has been approved by the State Air Resources Board
or does not produce more than one gram per minute of unconsumed
solid carbonaceous material.
d. It shall be unlawful to sell or offer to sell for frost pro-
tection any orchard heater which does not comply with Rule
421 c.
e. All orchard heaters shall be maintained in reasonably clean
conditions, good repair, and working order. Whenever orchard
heaters are burning they must be adequately attended and
supervised to maintain the condition, adjustment and proper
operation of the orchard heaters.
f. It shall be unlawful for any person, for the purpose of frost
protection, to burn any rubber, rubber tires, or other substance
containing rubber, or to burn oil or other combustible sub-
stances in drums, pails or other containers except orchard
heaters.
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(10.0) *RULE 422 New Source Performance Standards
All new sources of air pollution and modifications of existing sources
of air pollution shall to the extent required therein, comply with the
standards, criteria and requirements set forth in the Kern County Air
Pollution Control District New Source Performance Standards, adopted
April 15, 1975.
(11.0) **RULE 423 Emission Standards for Hazardous Air Pollutants
All sources of hazardous air pollutants shall, to the extent required
therein, comply with the standards, criteria and requirements set forth
in the Kern County A1r Pollution Control District Emission Standards for
Hazardous Air Pollutants, adopted April 15, 1975.
*The New Source Performance Standards (NSPS) are basically the same as
the NSPS adopted by the EPA. These are being adopted in order that the
EPA can delegate the program to Kern County. Standards have been
adopted for:
1. Fossil fuel fired steam generators (more than 250 million BTU).
2. Incinerators (more than 50 tons per day)
3. Portland Cement Plants
4. Nitric Acid Plants
5. Sulfuric Acid Plants
6. Asphalt Concrete Plants
7. Petroleum Refineries
9. Petroleum Storage Vessels (more than 40,000 gals)
10. Secondary Lead Smelters (more than 650 Ibs. charging)
11. Brass and Bronze Plants (more than 650 Ibs. charging)
12. Iron and Steel Plants
13. Sewage Treatment Plants
**The Emission Standards for Hazardous Mr Pollutants (ESHAPS) are basically
the same as the National ESHAPS adopted by the EPA. These are being
adopted in order that the EPA can delegate the program to Kern County.
Standards have been adopted for:
a. Abestos b. Beryllium c. Mercury
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mm-iii n
REGULATION V - PROCEDURE BEFORE THE HEARING BOARD
(2.0) RULE 501 Applicable Articles of the Health & Safety Code
The provisions of Article 5 and Article 6, Chapter 2, Division 20 of
the State of California Health and Safety Code, respectively entitled
Variances and Procedure,
(2.0) RULE 502 General
This regulation shall apply to all hearings before the Hearing Board
of the Air Pollution Control District.
(2.0) RULE 503 Filing Petitions
Request for hearing shall be initiated by the filing of a petition in
quintuplicate with the clerk of the Hearing Board, and the payment of
the fee of $50.00 provided for in Rule 305 of these Rules and Regula-
tions, after service of a copy of the petition has been made on the
Air Pollution Control Officer and one copy on the holder of the permit
or variance, if any, involved. Service may be made in person or by mail,
and service may be proved by written acknowledgment of the persons served
or by the affidavit of the person making the service.
(2.0) RULE 504 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-partner, corporation
or other entity, and names and addresses of the partners if a
co-partnership, names and addresses of the officers if a corpora-
tion, and the names and addresses of the persons in control, if
other entity.
c. The type of business or activity involved in the application
and the street address at which it is conducted.
d. A brief description, of the article, machine, equipment or
other contrivance, if any, involved in the application.
e. The section or rule under which the petition is filed; that
is, whether petitioner desires a hearing:
1. To determine whether a permit shall be revoked, or a
suspended permit reinstated under Section 24274, Health
and Safety Code of the State of California;
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2. For a variance under Section 24292, Health and Safety
Code;
3. To revoke or modify a variance under Section 24298, Health
and Safety Code;
4. To review the denial or conditional granting of an authority
to construct or permit to operate under Rule 201 of these
Rules and Regulations.
f. Each petition shall be signed by the petitioner, or by some
person on his behalf, and where the person signing is not the
petitioner it shall set forth his authority to sign.
g. Petitions for revocation of permits shall allege in addition
the rule under which permit was granted, the rule or section
which is alleged to have been violated, together with a brief
statement of the facts constituting such alleged violation.
h. Petitions for reinstatement of suspended permits shall allege
in addition the rule under which the permit was granted, the
request and alleged refusal which formed the basis for such
suspension, together with a brief statement as to why informa-
tion requested, if any, was not furnished, whether such infor-
mation is believed by petitioner to be pertinent, and if so,
when it will be furnished.
i. All petitions shall be typewritten, double-spaced, on legal or
letter-size paper, on one side of the paper only, leaving a
margin of at least one inch at the top and left side of each
sheet.
(5.0) Rule 505 Petitions for Variances
In addition to the matters required by Rule 504, petitions for variances
shall state briefly:
a. The section, rule or order complained of.
b. The facts showing why compliance with the section, rule, or
order is unreasonable.
c. For what period of time the variance is sought and why.
d. The damage or harm resulting or which would result to
petitioner from a compliance with such section, rule or order.
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e. The requirements which petitioner can meet and the date
when petitioner can comply with such requirements.
f. The advantages and disadvantages to the residents of the
district resulting from requiring compliance or resulting
from granting a variance.
g. Whether or not operations under such variance, if granted,
would constitute a nuisance.
h. Whether or not any case Involving the same identical equip-
ment or process is pending in any court, civil or criminal.
1. Whether or not the subject, equipment or process is covered
by a permit to operate issued by the Air Pollution Control
Officer.
(2.0) RULE 506 Appeal from Denial
A petition to review a denial or conditional approval of a permit shall,
in addition to the matters required by Rule 504 set forth a summary of
the application or a copy thereof and the alleged reasons for the denial
or conditional approval and the reasons for appeal.
(2.0) RULE 507 Failure to Comply with Rules
The clerk of the Hearing Board shall not accept for filing any petition
which does not comply with these rules relating to the form, filing
and service of petitions unless the Chairman or any two members of the
Hearing Board direct otherwise and confirm such direction in writing.
Such direction need not be made at a meeting of the Hearing Board. The
chairman or any two members, without a meeting, may require the petitioner
to state further facts or reframe a petition so as to disclose clearly
the issues involved.
(2.0) RULE 508 Answers
Any person may file an answer within 10 days after service. All
answers shall be served the same as petitions under Rule 505.
(2.0) RULE 509 Dismissal of Petition
The petitioner may dismiss his petition at any time before submission
of the case to the Hearing Board, without a hearing or meeting of the
Hearing Board. The clerk of the Hearing Board shall notify all
interested persons of such dismissal.
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(16.0) RULE 510 Place of Hearing
All hearings shall be held at a place designated by the Hearing
Board.
(16.0) RULE 511 Notice of Hearing
The clerk of the Hearing Board shall mail or deliver a notice of
hearing to the petitioner, the Air Pollution Control Officer, the
holder of the permit or variance involved, if any, and to any person
entitled to notice under Sections 24275, $4295, of 24299, Health and
Safety Code.
(2.0) RULE 512 Evidence
a. Oral evidence shall be taken only on oath or affirmation.
b. Each party shall have these rights: to call and examine
witnesses; to introduce exhibits; to cross-examine opposing
witnesses on any matter relevant to the Issues even though
that matter was not covered in the direct examination;
to Impeach any witness regardless of which party first called
him to testify; and to rebut the evidence against him. If
respondent does not testify 1n his own behalf, he may be
called and examined as if under cross-examination.
c. The hearing need not be conducted according to technical
rules relating to evidence and witnesses. Any relevant
evidence shall be admitted if it 1s the sort of evidence
on which responsible persons are accustomed to rely in the
conduct of serious affairs, regardless of the existence of
any common law or statutory rule which might make Improper
the admission of such evidence over objection in civil
actions. Heresay evidence may be used for the purpose of
supplementing or explaining any direct evidence but shall not
be sufficient 1n itself to support a finding unless 1t
would be admissable over objection in civil actions. The
rules of privilege shall be effective to the same extent
that they are now or hereafter may be recognized in civil
actions, irrelevant and unduly repetitious evidence shall
be excluded.
(2.0) RULE 513 Preliminary Matters
Preliminary matters such as setting a date for hearing, granting contin-
uances, approving petitions for filing, allowing amendments and other
preliminary rulings not determinative of the merits of the case may be
made by the chairman or any two members of the Hearing Board without a
hearing or meeting of the Hearing Board and without notice.
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(2.0) RULE 514 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 515 Continuances
The chairman or any two members of the Hearing Board shall grant any
continuance of 15 days or less, concurred in by petitioner, the Air
Pollution Control Officer and by every person who has filed an.answer
in the action and may grant any reasonable continuance; in either case
such action may be ex parte, without a meeting of the Hearing Board
and without prior notice.
(2.0) RULE 516 Decision
The decision shall be in writing, served and filed within 30 days after
submission of the cause by the parties thereto and shall contain 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 Afr Pollution Control Officer, the petitioner and to
every person who has filed an answer or who has appeared as a party in
person or by counsel at the hearings.
(2.0) RULE 517 Effective Date of Decision
The decision shall become effective 15 days after delivering or mail-
ing a copy of the decision, as provided in rule, or the Hearing Board
may order that the decision shall become effective sooner.
(3.0) RULE 518 Lack of Permit
The Hearing Board shall not receive or accept a petition for a variance
for the operation or use of any equipment until a permit has been
granted or denied by the Air Pollution Contol Officer; except that an
appeal from a denial of a permit and a petition for a variance may be
filed with the Hearing Board in a single petition. A variance granted
by the Hearing Board may Include a permit for the duration of the
variance.
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