U.S. DEPARTMENT OF COMMERCE National Technical Information Service PB-296 670 Air Pollution Regulations in State Implementation Plans California, Kings County Abcor, Inc, Wilmington, MA Walden Div Prepared for Environmental Protection Agency, Research Triangle Park, NC Control Programs Development Div Aug 78 ------- PB 296670 United States Environmental Protection Agency Office of Air Quality Planning and Standards Research Triangle Park NC 27711 EPA-460/3-78-054-13 August 1978 Air Air Pollution Regulations in State Implementation Plans: ! REPRODUCED BY | NATIONAL TECHNICAL ------- TECHNICAL REPORT DATA /Please read Instructions on the reverse before completing) 1. REPORT NO. EPA-450/3-78-054-13 4. TITLE AND SUBTITLE Air Pollution Regulations in State Implementation i Plans: California Kings County 3. RECIP 5. REPORT DATE August 1978 6. PERFORMING ORGANIZATION CODE 7. AUTHOR(S) 8. PERFORMING ORGANIZATION REPORTED. 9. PERFORMING ORGANIZATION NAME AND ADDRESS Walden Division of Abcor, Inc. Wilmington, Mass. 10. PROGRAM ELEMENT NO. ?1. C'ONTRACT/GRANT NO. 68-02-2890 12. SPONSORING AGENCY NAME AND ADDRESS 13. TYPE OF REPORT AND PERIOD COVERED Control Programs Development Division Office of Air Quality Planning and Standards Office of Air, Noise, and Radiation Research Triangle Park, NC 27711 14. SPONSORING AGENCY CODE 15. SUPPLEMENTARY NOTES EPA Project Officer: Bob Schell, Control Programs Development Division 16. ABSTRACT This document has been produced 1n 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 DESCRIPTORS b.lDENTIFIERS/OPEN ENDED TERMS C. COSATI Field/Group Air pollution Federal Regulations Pollution State Implementation Plans 8. DISTRIBUTION STATEMENT RELEASE UNLIMITED 19. SECURITY CLASS (This Report) Unclassified 20. SECURITY CLASS (This page j Unclasified 22. PRICE EPA Form 2220-1 (9-73) ------- EPA-4CO/3-78-054-13 Air Pollution Regulations in State Implementation Plans: by Walden Division of Abcor, Inc. Wilmington, Massachusetts Contract No. 68-02-2890 EPA Project Officer: Bob Schell Prepared for U.S. ENVIRONMENTAL PROTECTION AGENCY Office of Air, Noise, and Radiation Office of Air Quality Planning and Standards Research Triangle Park, North Carolina 27711 August 1978 ------- This report is issued by the Environmental Protection Agency to report air pollution regulations of interest to a limited number of readers. Copies are available, for a fee, from the National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161. This report was furnished to the Environmental Protection Agency by Walden Division of Abcor, Inc., Wilmington, Mass. 01887, in fulfillment of Contract No. 68-02-2890. The contents of this report are reproduced herein as received from Walden Division of Abcor, Inc. The opinions, findings, and conclusions expressed are those of the author and not necessarily those of the Environmental Protection Agency. Mention of company or product names is not to be considered as an endorsement by the Environmental Protection Agency. Publication No. EPA-450/3-78-054-13 ------- INTRODUCTION » This document has been produced in compliance with Section 110(h)(l) of the Clean Air Act Amendments of 1977. The Federally enforceable regulations contained in the State Implementation Plans (SIPs) have been compiled for all 56 States and territories (with the exception of the Northern Mariana Islands). They consist of both the Federally approved State and/or local air quality regulations as indicated in the Federal Register and the Federally promulgated regulations for the State, as indicated in the Federal Register. Regulations which fall into one of the above categories as of January 1, 1978, have been incorporated. As mandated by Congress, this document ijrill 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 1n the Federal enforceabi1i ty 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 ipf a given SIP. Consequently, any State adopted indirect source regulations Jnay be suspended or revoked; State adopted indirect source regulations contained in an applicable SIP are Federally enforceable. More importantly, EPA may only promulgate indirect source review regulations which are specific to Federally funded,, operated,~or owned facilities or projects. Therefore, the Federally promulgated indirect source regulations appearing in this document are not enforceable by EPA except as they relate to Federal facilities. Since State air quality regulations vary widely in their organization, content, and language, a standardized subject index is utilized in this document. Index listings consist of both contaminant and activity oriented categories to facilitate usage. For example, for regulations which apply to copper smelters, one might look under sulfur compounds (50.2), particu- 1 ate matter process weight (50.1.1), or copper smelters (51.15). Federal regulations pertaining to a given State immediately follow the approved State and local regulations. Additionally, a summary sheet of the information included in each comprehensive document is presented prior to the regulatory text to allow one to quickly assess the contents of the document. Specifically, the summary sheets contain the date of submittal to EPA of each revision 111 ------- to the SIP and the date of the Federal Register in which the revision was either approved or disapproved by EPA.Finally, a brief description or reference of the regulation which was submitted is also included. This document is not intended to provide a tool for determining the enforceability of any given regulation. As stated above, it is intended to provide a comprehensive compilation of those regulations which are incorporated directly or by, reference into Title 40, Part 52, of the Code of Federal Regulations. Consequently, the exclusion of a Federally approved regulation from this document does not diminish the enforceability of the regulation. Similarly, the Inclusion of a given regulation (for example, regulations governing pollutants, such as odors, for which there is no national ambient air quality standards) in this document does not, in itself, render the regulation enforceable. iv ------- SUMMARY SHEET Submittal Date 6/30/72 7/25/73 OF EPA-APPROVED REGULATION CHANGES KINGS COUNTY, CALIFORNIA Approval Date 9/22/72 8/22/77 7/22/75 4/21/76 4/21/76 8/22/77 7/26/77 8/22/77 Description NEW REGS WITH CHANGES APPROVED UNLESS STATED OTHERWISE. RULES 102, 105-108, 110, 404-406, 409, 417- I, II, IV; 510 Note: 405 disapproved; 405 sub- mitted on 6/30/72 in effect; 417-III submitted 6/30/72 is in effect. Rule 410 Rule 412 & 412.1 Rule 411 ------- TABLE OF CONTENTS Revised Standard Subject Index (2.0) (1.0) (14.0) (15.0) (2.0) (2.0) (9.0) (9.0) (15.0) (16.0) (7.0) (2.0) (3.0) (2.0) (3.0) (3.0) (3.0) (3.0) (9.0) KINGS Rule Number 101 102 103 104 105 106 107 108 109 no 111 112 201 202 203 204 205 206 207 COUNTY REGULATIONS Title Title Definitions Confidential Information Enforcement Order of Abatement Land Use Inspections Source Monitoring Penal ty Arrests and Notices to Appear Shutdown, Startup and Breakdown Circumvention Permits Required Exemptions Transfer Applications Cancellation of Applications Action on Applications Provision of Sampling Page Number 1 1 4 4 4 5 5 5 6 6 6 6 8 8 10 •10 10 11 and Testing Facilities 11 vi ------- . J •<"• Revised Standard Subject Index (3.0) (2.0) (3.0) (2.0) (3.0) (2.0) (16.0) (2.0) (50.1.2) (2.0) (50.1.2) (50.1) (50.1) Rule Number 208 209 210 211 212 213 214 401 402 403 404 405 (50.1.1) 406 (50.2) 407 (51.5) (51.6) (51.7) 408 (51.7) 409 (50.4) (51.16) (51.16) (51.16) (51.16) 410 411 412 413 414 Page Title Number Standards for Granting Applications 11 Conditional Approval 11 Denial of Applications 12 Further Information 12 Applications Deemed Denied 12 Appeals 12 Existing Sources 12 Visible Emissions 14 Exceptions 14 Wet Plumes 15 Particulate Matter 15 Particulate Matter Emission Rate 15 Process Weight Chart Table 17 Sulfur Compounds 18 Fuel Burning Equipment 18 Fuel Burning Equipment- Oxides of Nitrogen 19 Organic Solvents 19 Storage of Petroleum Products 22 Gasoline Loading into Tanks 23 Organic Liquid Loading 26 Effluent Oil Water Separates 26 ------- Revised Standard Rule Subject Index Number (51.21) (51.13) (2.0) (51.9) (50.7) (2.0) (51.1) (2.0) (2.0) (2.0) (2.0) (5.0) (2.0) (2.0) (2.0) (2.0) (16.0) (16.0) (2.0) (2.0) (2.0) (2.0) 415 416 417 418 419 420 421 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 Page Title Number Reduction of Animal Matter Open Burning Exceptions Incinerator Burning Nuisance Exception Orchard Heaters Applicable Articles of the Health and Safety Code General Filing Petitions Contents of Petitions Petitions for Variances Appeal From Denial Failure to Comply with Rules Answers Dismissal of Petition Place of Hearing Notice of Hearing Evidence Preliminary Matters Official Notice Continuances 27 28 28 32 32 32 32 34 34 34 34 35 36 36 36 36 36 36 37 37 37 37 V111 ------- Revised Standard Rule Page Subject Index Number Title Number (2.0) 516 Decision 38 (2.0) 517 Effective Date of Decision 38 (3.0) 518 Lack of Permit 38 ix ------- 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 ------- 50.2 SULFUR COMPOUNDS 50.3 NITRIC OXIDES 50.4 HYDROCARBONS 50.5 CARBON MONOXIDE 50.6 ODOROUS POLLUTANTS 50.7 OTHERS (Pb, Hg, etc.) 51.0 SOURCE CATEGORY SPECIFIC REGULATIONS 51.1 AGRICULTURAL PROCESSES (Includes Grain Handling, Orchard Heaters, R1ce and Soybean Facilities, Related Topics) 51.2 COAL OPERATIONS (Includes Cleaning, Preparation, Coal Refuse Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics) 51.3 CONSTRUCTION (Includes Cement Plants, Materials Handling, Topics Related to Construction Industry) 51.4 FERROUS FOUNDRIES (includes Blast Furnaces, Related Topics) 51.5 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Participates (Includes Fuel Content and Other Related Topics) 51.6 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (includes Fuel Content and Other Related Topics) 51.7 FUEL BURNING EQUIPMENT (oil, natural gas, coal) - N02 (includes Fuel Content and Other Related Topics) 51.8 HOT MIX ASPHALT PLANTS 51.9 INCINERATION 51.10 NITRIC ACID PLANTS 51.11 NON-FERROUS SMELTERS (Zn, Cu, etc.) - Sulfur Dioxide 51.12 NUCLEAR ENERGY FACILITIES (Includes Related Topic) 51.13 OPEN BURNING (includes Forest Management, Forest Fire, Fire Fighting Practice, Agricultural Burning and Related Topics) 51.14 PAPER PULP; WOOD PULP AND KRAFT MILLS (includes Related Topics) 51.15 PETROLEUM REFINERIES 51.16 PETROLEUM STORAGE (includes Loading, Unloading, Handling and Related Topics) 51.17 SECONDARY METAL'OPERATIONS (Includes Aluminum, Steel and Related Topics) 51.18 SULFURIC ACID PLANTS 51.19 SULFURIC RECOVERY OPERATIONS 51.20 WOOD WASTE BURNERS 51.21 MISCELLANEOUS TOPICS xi ------- REGULATION ,1 -.GENERAL PROVISIONS (2.0) RULE 101 Title - : These rules and regulations shall be known as the Rules and Regulations of the Kings 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 those 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. Agricultural Burning Any open outdoor fire used in agricultural operations in the growing of crops or raising of fowls or animals, or in forest management or range improvement. b. Agricultural Operations The growing and harvesting of crops, including timber, or the raising of fowls, animals or bees, for the primary purpose of earning a living. c. Air Contaminant Mir Contaminant" includes smoke, charred paper, dust, soot, grime,- carbon, noxious acids, fumes, gases, odors, or particulate matter, or any combination thereof. d. Alteration Any addition to, enlargement of, replacement of, or any major modification or change of the design, capacity, process, or arrangement•> or any increase in the connected loading of, equipment or control apparatus, which will significantly increase or effect the kind or amount of air contaminants emitted. e. Atmosphere "Atmosphere" means the air that envelopes or sur- rounds the earth. Where air contaminants are emitted into a building or structure not designed specifically as a piece of air pollution control equipment, such emission into the building or structure shall not be considered as emission into the at- mosphere, unless any visible portion of such emission subsequently is released or permitted to escape from the building. f. Board "Board" means the Air Pollution Control Board of the Air Pollution Control District of Kings County. g. Combustible Refuse "Combustible Refuse" is any solid or liquid combustible waste material containing carbon in a free or com- bined state. h. Combustion Contaminants "Combustion Contaminants" are particu- late matter discharged into the atmosphere from the burning of any kind of material containing carbon in a free or combined state. : -1- ------- i. Condensed Fumes "Condensed Fumes" are minute, solid particles generatedby the condensation of vapors from solid matter after bolatilization from the molten state, or may be generated by sublimation, distillation, calcination, or chemical reaction, when these processes create air-borne particles. j. Control Officer "Control Officer" means the Air Pollution Con- trol Officer of the Air Pollution Control District of Kings County. K- District "District" is the Air Pollution Control District of Kings County. 1. Dusts "Dusts" are minute, solid particles released into the air by natural forces or by mechanical processes such as crushing, shoveling, conveying, covering, bagging, sweeping, or other similar processes. m- Emission The act of passing into the atmosphere of an air con- taminant or gas stream which contains an air contaminant, or the air contaminant so passed into the atmosphere. n. Emission Point The place, located in a horizontal plane and vertical elevation, at which an emission enters the atmosphere. o. Flue Means any duct or passage for air, gases, or the like, such as a stack or chimney. p. Hearing Board "Hearing Board" means the Hearing Board of the Air Pollution Control District of Kings County. q. 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 preparatory work at such premises. r. Institutional Facility "Institutional Facility" means any hos- pital, boarding home, school, corporation yard, or like facility. s. Multiple-Chamber Incinerator "Multiple-Chamber Incinerator" is any article, machine, equipment, contrivance, structure or any part of a structure used to dispose of combustible refuse by burning, consisting of three or more refractory lined combustion furnaces in series, physically separated by refractory walls, interconnected by gas passage ports or ducts, and employing adequate design parameters necessary for maximum combustion of the material to be burned. The refractories shall have a pyrometric Cone equivalent of at least 17, tested according to the method described in the American Society for Testing Mater- ials, Method C-24. -2- ------- t. Open Outdoor Fire "Open Outdoor Fire" as used in this regulation means combustion of any combustible refuse or other material of any type outdoors in the open air not in any enclosure where the products of combustion are not directed through a flue. u. Operation Any physical action resulting in a change in the lo- cation, form or physical properties of a material, or any chem- ical action resulting in a change in the chemical composition or the chemical or physical properties of a material. v. Orchard or Citrus Heater Any article, machine, equipment or other contrivance, burning any type of fuel or material capable of emitting air contaminants, used or capable of being used for the purpose of giving protection from frost damage. w. Owner Includes but is not limited to any person who leases, supervises or operates equipment, in addition to the normal meaning of ownership. x. Particulate Matter "Particulate Matter" is any material, except uncombined water, which exists in a finely divided form as a liquid or solid at standard conditions. y. 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. z. PPM Parts per million by volume expressed on a gas basis. aa. Process Weight Per Hour "Process Weight" is the total weight of all materials Introduced 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 com- plete operation from the beginning of any given process to the completion thereof, excluding any time during which the equipment is idle. I bb. Regulation "Regulation" means one of the major subdivisions of the Rules of the Air Pollution Control District of Kings County. cc. Residential Rubbish "Residential Rubbish" means refuse origin- ating from residential uses and includes wood, paper, cloth, cardboard, tree trimmings, leaves, lawn clippings, and dry plants. dd. Rule "Rule" means a rule of the Air Pollution Control District of Kings County. ------- ee. Section "Section" means section of the Health and Safety Code of the State of California unless some other statute is specific- ally mentioned. ff. Source Operation "Source Operation" means the last operation preceding the emission of an air contaminant, which operation (a) results in the separation of the air contaminant from the process materials or in the conversion of the process materials into air contaminate. As 1n the case of combustion of fuels; and (b) is not an air pollution abatement operation. gg. Standard Conditions As used 1n 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 re- ported at this gas temperature and pressure. hh. Standard Cubic Foot of Gas The amount of gas that would occupy a column of one (1) cubic foot, if free of water vapor, at standard conditions. ii. Total Reduced Sulfur (TRS) Total reduced sulfur contained in hydrogen sulflde, mercaptans, dimethyl sulflde, dimethyl disulfide or other organic sulflde compounds, all expressed as hydrogen sulfide. Sulfur dioxide, sulfur trioxlde, or sulfuric acid are not to be included in the determination of TRS. (14.0) RULE 103 Confidential Information "Trade Secrets" as defined in Section 6254.7 of the Government Code shall be confidential. Trade Secrets may include, but are not limited to, any formula, plan, pattern, process, tool mechanism, compound, procedure, production data, or compilation of Information which is not patented, which is known only to certain individuals, within a commercial concern who are using it to fabricate, produce, or gives Its user an opportunity to obtain a business advantage over competitors who do not know or use it. (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 Section 3 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 of any rule or 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 -4- ------- the Hearing Board by Division 20, Chapter 2, of the Health and Safety Code. 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. Any person who intentionally or negligently violates any order or 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. (2.o) RULE 106 Land Use As part of his responsibility to protect the public health and property from the damaging effects of air pollution, 1t shall be the duty of the Air Pollution Control Officer to review and advise the appropriate planning authorities within the district on all new construction or changes 1n land use which the A1r 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, in- cluding authority to require recordkeeplng 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 of any source operation which emits or may emit air contaminants, for which emission limits have been established, shall provide the following: a. Sampling ports b. Safe sampling platforms c. Safe access to sampling platforms d.. Utilities for sampling equipment e. Information and records which will enable the Control Officer to determine when a representative sample can be taken. In addition, when requested by the Control Officer, the owner shall pro- vide, install, and operate continuous monitoring equipment on such op- erations 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. -5* ------- 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 of a breakdown of monitoring equipment, the owner shall notify the Control Officer immediately and shall initiate repairs. The owner shall inform the Control Officer of the intent to shut down any monitoring equipment at least 24 hours prior to the event. (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. (16.0) RULE 110 Arrests and Notices to Appear The personnel of the Fire Control Agency and personnel of the Air Pollution Control District designated by the Board to enforce the pro- visions of this ordinance shall have the power to arrest without a warrant granted by Section 8365.5 of the Penal Code of the State of California. (7.0) RULE 111 Shutdown. Startup, and Breakdown Emissions exceeding any of the limits established by Regulation IV as a direct result of unavoidable upset conditions, unforseeable break- down, or planned startup and shutdown of any source operation, air pollution control equipment, or related equipment shall not be a violation provided that the following requirements are met: a. In the event of breakdown or upset, the person responsible for such equipment shall promptly report such conditions to the Control Officer. In the event of planned shutdown or startup, the person responsible for such equipment shall report to the Control Officer at least 24 hours prior to the shutdown or startup. The Air Pollution Officer may require a written report. b. The Control Officer upon investigation concurs that the emission was unavoidable, or unforseeable. A determination that the emission was unavoidable or unforseeable by the Control Officer on one occasion shall not be binding upon successive periods when the Control Officer determines that immediate remedial efforts have not been instituted and corrective action not concluded within a reasonable time under the circumstances. (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 in a reduction in the total release of air contaminants to the atmos- phere, reduces or conceals an emission which would otherwise constitute a violation of Division 20, Chapter 2, of the Health and Safety Code of -6- ------- the State of California or of these Rules and Regulations. This rule shall not apply to cases in which the only violation involved in 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. -7- ------- 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 author- ization 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 or denied. 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 Air Pollution Control Officer or the Hear- ing Board for 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 is 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 regulations. c. Posting of Permit to Operate a Plant A person who has been granted under Rule 201 (b) a permit to operate a plant 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 avail- able at all times on the operating premises. d. Altering of Permit A person shall not willfully deface, alter, forge, counterfeit, or fasify a permit to operate any equipment. (2.0) RULE 202 Exemptions Any authority to construct or a permit to operate shall not be required for the following: a. Vehicles as defined by the Vehicle Code of the State of California but not including any article, machine, equipment or other contri- vance mounted on such vehicle that would otherwise require a per- mit 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 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. a. Piston type internal combustion engines. b. Any engine used to operate emergency standby equipment necessary for the general health, safety and welfare. 4. Water cooling towers and water cooling ponds not used for . evaporative cooling of water from barometric jets or from barometric condensers, 5. Equipment used exclusively for steam cleaning. 6. Presses used exclusively for extruding metals, minerals, plastics or wood. 7. Equipment used exclusively for space heating, other than boilers. 8. Equipment used for hydraulic or hydrostatic testing. 9. Equipment used in eating establishments for the purpose of preparing food for human consumption. 10. Equipment used exclusively to compress or hold dry natural gas. 11. a. Cotton Gins being evaluated by E. P. A. for performance standards. b. Unprocess agricultural products until processing begins. e. The following equipment or any exhaust system or collector serving exclusively such equipment: 1. LaboFafory equipment used exclusively for chemical or physical analyses and bench scale laboratory equipment. 2. Brazing, soldering, or welding equipment. -9- ------- f. Steam generators, steam superheaters, water boilers, water heat- ers 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 4. Low sulfur fuel oil .5% by weight and diesel oil. g. Natural draft hoods, natural draft stacks or natural draft ventilators. h. Self-propelled mobile construction equipment other than pavement burners. i. Agricultural implements used in agricultural operations. j. Vacuum cleaning systems used exclusively for industrial, com- mercial or residential housekeeping purposes. k. Repairs or maintenance not involving structural changes to any equipment for which a permit has been granted. 1. Identical replacements in whole or in part of any equipment where a permit to operate has previously been granted for such equipment. (3.0) 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 equip- ment to another, or from one person to another. (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 thereof. (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. -TO- ------- (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 facilities as specified in the permit. (3.0) RULE 208 Standards for Granting Applications a. The Air Pollution Control Officer shall deny a permit except as provided in Rule 209, if the applicant does not show that the use of any equipment, which may cause the issuance of air con- taminants, or the use of which may eliminate or reduce or con- trol the Issuance of air contaminants, is so designed, controlled, or equipped with such air pollution control equipment, that it may be expected to operate without emitting or without causing to be emitted air contaminants in violations of Section 24242 or 24243, of the Health and Safety Code, or of these rules and regulations. b. Before a permit is granted, the Air Pollution Control Officer may require the applicant to provide and maintain such facilities as are necessary for sampling and testing purposes in order to secure information that will disclose the nature, extent, quantity or degree of air contaminants discharged into the atmosphere from the 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 plat- form; the access to the sampling platform; and the utilities for operating the sampling and testing equipment. 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 A1r Pollution Control Officer finds that the equipment has been constructed not in accordance with the authority to construct, he shall deny the permit to operate. The Air Pollution Control Officer shall not accept any further application for permit to operate the equip- ; ment so constructed until he finds that the equipment has been : constructed in accordance with the permit to construct. -11- ------- (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 operation of any equipment within the standards of Rule 208, in which case the con- ditions 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 shall Issue an authority to construct or a permit to operate with revised conditions upon receipt of a new application, 1f 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 a permit, the Air Pollution Control Officer shall notify the applicant in writing of the reasons therefore. Service of this notification may be made in person or by mail, and such service may be provided by the written acknowledgement of the persons served or affidavit of the person making the service. The Air Pollution Control Officer shall not accept a further application unless the applicant has complied with the objections specified by the A1r Pollution Control Of- ficer as his reason for denial of the permit. (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. (3.0) RULE 212 Applications Deemed Denied The applicant may at his option deem the permit denied if the Air Pollu- tion Control Officer fails to act on the application within 30 days after filing, or within 30 days after applicant furnishes the further information, plans and specifications requested by the Air Pollution Control Officer, whichever 1s later. (2.0) RULE 213 Appeals (16.0) Within 10 days after notice, by the Air Pollution Control Officer of de- nial of a permit, the applicant may petition the Hearing Board, in writing, for a public hearing. The Hearing Board, after notice and a public hearing held within 30 days after filing the petition, may sustain or reverse the action of the Air Pollution Control Officer; such orders may be made subject to specified conditions. -12- ------- (2.0) 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 sign- ificant 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. -13- ------- 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 in 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. The amendment shall be effective on the date of its adoption for any source of emission not then completed and put into service. As to all other sources of emission this amendment shall be effective on January 1, 1974. (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 which cannot be abated by any other means, or 2. 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. -14- ------- (50.1.2) RULE 403 Wet Plumes Where the presence of uncombined water is the only reason for the failure of an emission to meet the limitation of Rule 401, the 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 Matter A person shall not release or discharge into the atmosphere from any source of single processing unit whatsoever, dust, fumes or particulate matter emissions in excess of 0.1 grains per cubic foot of gas at standard conditions. This amendment shall be effective on the date of adoption for any equip- ment not then completed and put into service. As to all other equipment this amendment shall be effective on January 1, 1974. RULE 404.4 Disposal and Evaporation of Solvents A person shall not during any one day dispose of a total of more than 1% aallons of any photochemically reactive solvent, as defined in Rule 410 (k), or of any material containing more than 1% gallons of any such photochemically reactive solvent by any means which will permit the evaporation of such solvent into the atmosphere. (50.1) RULE 405 Particulate Matter - Emission Rate A person shall not discharge into the atmosphere from any source operation particulate matter in excess of that allowed by Rule 406. This Rule shall be effective on the date-of adoption for any equipment not then completed and put into service. As to all other equipment, this Rule shall be effective on January 1, 1974. RULE 405.1 Motor Vehicle Emission Control Every 1955-1962 model year motor vehicle subject to registration in this district shall be required to be equipped with a device certified by the State Air Resources Board to control the emissions of pollutants from the crankcase at the time of transfer of ownership. RULE 405.2 Separation of Emissions If air contaminants from a single source operation are emitted through two or more emission points, the total emitted quantity of any air con- taminant, limited in this Regulation cannot exceed the quantity which would be the allowable emission through a single emission point; and the total emitted quantity of any such air contaminant shall be taken as the product of the highest concentration measured in any of the emission points and the exhaust gas volume through all emission points, unless the person responsible for the source operation establishes the correct total emitted quantity. -15- ------- RULE 405.3 Combination of Emissions a. If air contaminants from two or more source operations are com- bined prior to emission and there are adequate and reliable means reasonably susceptible to confirmation and use by the control officer for establishing a separation of the components of the combined emission to indicate the nature, extent, quantity and degree of emission arising from each such source operation, this Regulation shall apply to each such source operation separately. b. If air contaminants from one or more source operations are com- bined prior to emission, and the combined emissions cannot be separated according to the requirements of Rule 405.3 a., this regulation 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 this regulation on any of the source operations whose air contaminants are so combined. RULE 405.4 Architectural Coatings a. After January 1, 1974, a person shall not sell or offer for sale for use in Kings County, in containers of one quart capacity or larger, any architectural coating containing photochemically reactive solvent, as defined in Rule 410 (k). b. After January 1, 1974, a person shall not employ, apply, evaporate or dry in Kings County any architectural coating, purchased in containers of one quart capacity or larger, containing photochemically reactive solvent, as defined in Rule 410 (k). c. After July 1, 1967, a person shall not thin or dilute any architectural coating with a photochemical^ reactive solvent, as defined in Rule 410 (k). d. For the purpose of this rule, an architectural coatirxn is defined as a coating used for residential or commercfal buildings and their appurtenances; or industrial buildings. -16- ------- (50.1.1) RULE 406 Process Weight Chart Table ALLOWABLE RATE OF EMISSION BASED ON PROCESS WEIGHT RATE Process Weight Emission Rate Rate Lbs./Hr. . Lbs./Hr. 50 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 1,00,000 42.72 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 P° .62 P ^ 30 tons/hr. and interpolation and extrapolation of the data for process weight ratesin excess of 60,000 Ibs./hr. shall be accomplished by the use of the equation: E = 17.31 P° .16 P> 30 tons/hr. Where: E=Emissions in pounds per hour. P«Process weight rate in tons per hour. This amendment shall be effective on the date of adoption for any equipment not then completed and put into service. As to all other equipment this amendment shall be effective on January 1, 1974. -17- ------- (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, exceeding in con- centration at the point of discharge: 0.2 percent by volume calculated as sulfur dioxide (S02) RULE 407.1 Disposal of Solid or 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 (CO?) produced by combustion of any liquid or gaseous fuels shall be excluded from the calculation to 12 percent of carbon dioxide (C02). RULE 407.2 Fuel Burning Equipment-Combustion Contaminants A person shall not discharge into the atmosphere combustion contaminants exceeding in concentration at the point of discharge, 0.1 grain per cubic foot of gas calculated to 12 percent of carbon dioxide at standard conditions. (51.5 (51.6 (51.7 RULE 408 Fuel Burning Equipment A person shall not build, erect, install or expand any non-mobile fuel burning equipment unit unless the discharge into the atmosphere of con- taminants will not and does not exceed any one or more of the following rates: a. 200 pounds per hour of sulfur compounds, calculated as sulfur dioxide ($03): b. 140 pounds per hour of nitrogen oxides, calculated as nitrogen dioxide (N02): c. 10 pounds per hour of combustion contaminants as defined in Rule 120 (h) and derived from the fuel. For the purpose of this Rule, "Fuel Burning Equipment" means any fur- nace, 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 com- prised of the minimum number of fuel burning equipment, the simultaneous operations of which are required for the production of useful heat or power. Fuel burning equipment serving primarily as air pollution control equip- ment by using a combustion process to destroy air contaminants shall be exempt from the provisions of this Rule. -18- ------- Nothing in this Rule shall be construed as preventing the maintenance or preventing the alteration or modification of an existing fuel burn- ing equipment unit which will reduce its mass rate of air contaminant emissions. (51.7) RULE 409 Fuel Burning Equipment - Oxides of Nitrogen A person shall not discharge into the atmosphere from any non-mobile fuel burning article, machine, equipment or other contrivance, having a maximum heat input rate of more than 1,775 million British Thermal Units (BTU) per hour (gross), flue gas having a concentration of nitrogen oxides, calculated as nitrogen dioxide (NO?) at 3 percent oxygen, in excess of that shown in the following table. PARTS PER MILLION OF FLUE GAS FUEL EFFECTIVE DATE February 28, 1972 - December 31, 1974 Gas 225 125 Liquid or Solid 325 225 (50.4) RULE 410 Organic Solvents a. A person shall not discharge more than 15 pounds of organic materials into the atmosphere in any one day from any article, machine, equipment or other contrivance in /which any organic solvent or any material containing organic solvent comes .into contact with flame or is baked, heat-cured or heat polymerized, in the presence of oxygen, unless said discharge has been reduced by at least 85 percent. Those portions of any series of articles, machines, equipment, or other contrivances designed for processing continuous web, strip, or wire that emit organic materials in the course of using operations des- cribed in this section shall be collectively subject to com- pliance with this section. b. A person shall not discharge to 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 con- taining 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 or products for the first 12 hours after their removal from any article, machine, or other contrivance des- cribed in this section shall be included in determining com- pliance with this paragraph. Emissions resulting from baking, heat-curing or heat-polymerizing as described in paragraph (a) -19- ------- of this section shall be excluded from determination of com- pliance with this section. Those portions of any series of articles, machines, equipment, of 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 collectively subject to compliance with this section. c. A person shall not, after August 31, 1976, discharge into the atmosphere more than 30,000 pounds or organic materials in any one 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 is employed or applied, unless said discharge has been reduced by at least 85%. Emissions of organic materials Into the atmosphere resulting from air or heated-drying of products the first 12 hours after removal from any article, machine, equipment, or other contrivance described in this section. Emissions resulting from baking, heat-curing, or heat-polymerizing as described 1n 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 designed for processing a con- tinuous 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. d. Emissions of organic materials to the atmosphere from the clean- up with photochemlcally 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 determining compliance with this Section. e. Emission of organic materials Into the atmosphere required to be controlled by Sections (a), (b), or (c) shall be reduced by: 1. Incineration, provided that 90 percent or more of the carbon in the organic material being incinerated is oxidized to carbon dioxide, or 2. Absorption, or 3. Processing in a manner determined by the Air Pollution Con- trol Officer to be not less effective than 1 or 2 above. f. A person incinerating, absorbing, or otherwise processing organic materials pursuant to this Section shall provide, properly in- stall and maintain in calibration, in good working order and in operation, devices as specified in the authority to construct or the permit'to operate, or as specified by the Air Pollution Control Officer, for indicating temperatures, pressures, rates -20- ------- of flow or other operating conditions necessary to determine the degree and effectiveness of air pollution control. g. Any person using organic solvents or any materials containing organic solvents shall supply the Air Pollution Control Officer, upon request and in the manner and form prescribed by him, written evidence of the chemical composition, physical 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 speci- fied by Section 411, 412, 413 and 414 or which are exempt from air pollution control requirements by said Sections. 3. The spraying or other employment of insecticides, pesticides or herbicides. 4. The employment, application evaporation or drying of satur- ated halogenated hydrocarbons or perchloroethylene. 5. The use of any material, in any article, machine, equipment or other contrivance described in Sections (a), (b), (c) or (d), if: (1) the volatile content of the material consists only of water and organic solvents and (2) the organic solvents content comprises not more than 20% by volume of the total volatile content and (3) The volatile content is not photochemically reactive and (4) the organic solvent does not come into contact with flame. 6. The use of any material in any article, machine, equipment or other contrivance described in Sections (a), (b), (c) or (d) if: (1) 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 materials shall not exceed 20% by volume and (2) the volatile content is not photochemically reactive and -2T- ------- (3) the organic solvent content does not come into con- tact with flame. i. For the purposes of this Section, organic solvents include diluents and thinners and are defined as organic materials which are liquids at standard conditions and which are used as dissolvers, viscosity reducers or cleaning agents, except that such materials 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 solvents unless exposed to temperatures exceeding 220°F. j. For the purposes of this Section, a photochemically reactive solvent is any solvent with an aggregate or more than 20 percent of its total volume composed of the chemical com- pounds classified below or which exceeds any of the following individual percentage composition limitations, referred to the total volume of solvent: 1. A combination of hydrocarbons, alcohols, aldehydes, esters, or ketones having an olefinic or cycloolefinic type of unsaturation: 5 percent; 2. A combination of aromatic compounds with eight or more carbon atoms to the molecule except ethylbenzene: 8 percent; 3. A combination of ethyl benzene, ketones having branched hydrocarbon structure, trichloroethylene or toluene: 20 percent. Whenever any organic solvent or any constituent of an organic solvent may be classified from its chemical structure into more than one of the above groups of organic compounds, it shall be considered as a member of the most reactive chemical group, that is, that group having the least allowable percent of the total volume of solvents. k. For the purpose of this Section, organic materials are de- fined as chemical compounds of carbon excluding carbon mon- oxide, carbon dioxide, carbonic acid, metallic carbides, metallic carbonates and ammonium carbonate. (51.16) RULE 411 Storage of Petroleum Products A person shall not place, store or hold in any stationary tank, reservoir or other container of more than 40,000 gallons capacity any gasoline or any petroleum distillate having a vapor pressure of 1.5 pounds per square inch absolute or greater under actual storage conditions, unless such tank, reservoir or other container is a pressure tank containing working pressures sufficient at all times to prevent hydrocarbon vapor or gas loss to the atmosphere, or is designed and equipped with one of the following vapor loss control devices, properly installed, in good working order and in operation: -22- ------- a. A floating roof, consisting of a pontoon type or double-deck type roof, resting on the surface of the liquid contents and equipped with a closure seal, or seals, to close the space between the roof edge and tank wall. The control equipment provided for in this paragraph shall not be used if the gaso- line or petroleum distillate has a vapor pressure of 11.0 pounds per square inch absolute or greater under actual storage conditions. All tanks 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 hdyrocarbon vapors and gases dis- charged and a vapor disposal system capable of processing such hydrocarbon vapors and gases so as to prevent their emission to the atmosphere and with all tank gauging and sampling de- vices gas-tight except when gauging or sampling is taking place. c'. Other equipment of equal efficiency, provided such equipment is submitted to and approved by the Air Pollution Control Officer. (51.16) RULE 412 Gasoline Loading into Tanks The following sections of the California Health and Safety Code and any future amendments thereto are hereby made part of these rules and reg- ulations by reference: Section 39068.2, Chapter 3, Part 1, Division 26. a. A person shall not load or permit the loading of gasoline into any stationary tank installed after December 31, 1970, with a capacity of 250 gallons or more from any tank truck or trailer, except through a permanent submerged fill pipe, unless such tank is equipped with a vapor loss control device or is a pres- sure tank. A person shall not install any gasoline tank with a capacity of 250 gallons or more unless such tank is equipped as described in the first paragraph of this rule. For the purpose of this rules, the term "gasoline" is defined as any petroleum distillate having a Reid vapor pressure of 4 pounds or greater. For the purpose of this rule, the term "submerged fill pipe" is defined as any fill pipe the discharge opening of which is entirely submerged when the liquid level is 6 inches above the bottom of the tank. "Submerged fill pipe" when applied to a tank which is loaded from the side is defined as any fill pipe the discharge opening of which is entirely submerged when the liquid level is 18 inches above the bottom of the tank. The provisions of this section shall not apply to tanks which are used primarily for fueling of implements of husbandry, as -23- ------- such vehicles are defined in Division 16 (Section 36000) of the Vehicle Code, and were installed before June 1, 1974. b. A person shall not transfer or permit the transfer of gasoline from any tank truck or trailer into any stationary storage container with a capacity of more than 250 gallons unless such container is equipped with a submerged fill pipe and unless 90 percent by volume of the gasoline vapors displaced during the filling of the stationary storage container are prevented from being released to the atmosphere through the following process: 1. The displaced gasoline vapors or gases are processed by a system that included (1) vapor-tight liquid fill connector, (2) a vapor-tight vapor return line to the delivery vessel with a cross-sectional area at least 50% as great as that of the gasoline fill line, (3) a tank vent line properly sized and equipped with an approved pressure device approved by the Air Pollution Control Officer which will insure that the vapor return line is connected before gasoline can be transferred into the container, and (4) the vapor-laden delivery vessel being refilled only at facilities equipped with vapor recovery or disposal systems described in Rule 413. 2. The displaced gasoline vapor or gases are processed by a system approved by the Air Pollution Control Officer and with a minimum recovery efficiency at least equivalent to that of the system described in Rule 411 - a, b, or c. The provisions of this Rule shall not apply to the following: 1. The transfer of gasoline into stationary storage containers used for the fueling of implements of husbandry as such. vehicles are defined in Division 16 (Section 36000 et seq.) of the California Vehicle Code. 2. The transfer of gasoline into any stationary container which was installed prior to July 1, 1975, or 3. Gasoline delivery vehicles which exclusively service storage containers which are exempt from the provisions of this Rule. 4. Loading facilities exempted by Rule 413 and gasoline storage containers and delivery vehicles served form such facilities. The owner or operator of any stationary storage container which is sub- ject to this Rule and which is installed on or after July 1, 1975 shall comply with the provisions of this Rule at the time of installation. -24- ------- Vapor-return and/or vapor recovery systems used to comply with the pro- visions of this Rule shall comply with all safety, fire, weights and measures, and other applicable codes and/or regulations. For the purpose of this Rule, the term "gasoline" is defined as any petroleum distillate having a Reid vapor pressure of 4 pounds or greater. RULE 412.1 Transfer of Gasoline into Vehicle Fuel Tanks A person shall not transfer or permit the transfer of gasoline into any motor vehicle fuel tank of greater than 5 gallons capacity unless such transfer is made through a fill nozzed designed to: 1. Prevent the discharge of hydrocarbon vapors to the atmosphere from either the vehicle filler neck or dispensing nozzle; 2. Direct vapor displaced from the automotive fuel tank to a system wherein at least 90 percent by volume of the organic compounds in displaced vapors are recovered; and 3. Prevent automotive fuel tank overfills or spillage on fill nozzle disconnect. If it is demonstrated., that it is impractical to comply with the pro- visions of this Rule as a result of vehicle fill neck configuration, locations, or other design features for vehicles in existence or in production on July 1, 1976, the Air Pollution Control Officer may find and order that the provisions of this rule shall not apply during the filling of such vehicles. In no case, however, shall such configuration exempt any gasoline dispensing facility from installing and using, in the most effective manner practicable, control equipment required by this Rule. The provisions of this Rule shall not apply to the following: 1. The fueling of implements of husbandry, as such vehicles are defined in Division 16 (Section 36000 et seq.) of the California Vehicle Code; 2. The transfer of gasoline from any stationary storage container of a capacity of 250 gallons or less. 3. The transfer of gasoline from any stationary storage container which was installed prior to July 1, 1975. 4. The transfer of gasoline from any stationary storage container served from loading facilities exempted by Rule 413. Any gasoline dispensing subject to this Rule, installed on or after July 1, 1975, shall comply with the provisions of this Rule at the time of installation. -25- ------- 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. For the purpose of this Rule, the term "gasoline" is defined as any pet- roleum distillate having.a Reid vapor pressure of 4 pounds or greater. (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 absolute or greater under actual loading conditions into any tank 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 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 processed 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 absolute 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 aggrega- tion 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. (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 on a continuous basis of any petroleum products from any equipment which processes, refines, stores, or handles hydrocarbons -26- ------- with a Reid vapor pressure of 0.5 pounds or greater, unless such com- partment Is equipped with one of the following vapor loss control de- vices, except when gauging or sampling 1s 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 wal1. c. A vapor recovery system which reduces the emission of all hydrocarbon vapor 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 ex- clusively in conjunction with the production of crude oil, if the water fraction of the oil-water effluent entering the separator contains less than 5 parts per million hydrogen sulfide, organic sulfides, or a com- bination 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 Con- trol 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, as specified in the Authority to Construct or Permit to Operate or as specified by the Air Pollution Control Officer, for indicating temper- atures, 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. -27- ------- (51.13) RULE 416 Open Burning No person shall burn any refuse or other material in an open outdoor fire within the boundaries of the Kings 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 x>f a fire hazard which cannot be abated by any other means, or for the instruction 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 an industrial, commercial or institutional facility wherever located, or to a residential facility constructed for the use of more than two families. g. Burning for right-of-way clearing, levee and ditch bank main- tenance, 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 417 (h). h. Conducting agricultural operations in the growing of crops, or raising of fowl, animals, or bees on a farm for the primary purpose of making a profit or for a livelihood; forest manage- ment; or range improvement; subject to the following: I. 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 and burning for improvement of land for wildlife and game habitat. -28- ------- B. Agricultural Wastes Are defined as unwanted or unsalable mater- ials produced wholly for agricultural operations directly re- lated to the growing of crops or the raising of animals for the primary purpose of making a profit or for a livelihood. This also includes, for the purpose of cultural practice burns, the burning of fence rows and ditch banks for weed control and weed maintenance and burning in nontillage orchard operations and paper raisin trays, but does not include such items as shop wastes, demolition material, garbage, oil filters, tires pest- icide 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 agricul- tural burning. D. Burn Day Means any day on which the board does not prohibit agricultural burning. 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 pro- duction of black smoke by the ignition device. This would include such items as liquid petroleum gas, butane, propane or diesel oil burners, and flares, but does not include the use of fires, tar paper, oil and other similar materials. H. "Range Improvement Burning" Means the use of open fires to remove vegetation for a wildlife, game or livestock habitat or for the initial establishment of an agricultural practice on previously uncultivated land. (1) "Brush Treated" Means that the material to be burned has been felled, crushed or uprooted with mechanical equipment, or has been desiccated with herbicides. I. "Forest Management Burning" Means the use of open fires, as part of a forest management practice, to remove forest debris. For- est management practices include timber operations, silvicultural practices or forest protection practices. (1) "Timber Operations" Means cutting or removal of timber or other forest vegetation. (2) "Silvicultural" Means the establishment, development, care and reoroduction of stands of timber. -29- ------- II. Prohibitions A. No person knowingly shall set or permit agricultural burning un- less he has a valid permit from the fire control agency design- ated by the local Air Pollution Control Board to issue such per- mits 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. Each fire control agency shall be pro- vided with a copy of this agricultural burning Implementation Plan. B. Each applicant for a permit shall provide information as required by the designated fire protection agency for fire protection purposes. C. Each applicant for a permit shall provide information as required by the Air Pollution Control District. D. Prior to the burn, notice of intent shall be given the permittee to the fire control agency having jurisdiction over the site of the proposed burn. E. No permit shall be valid for any day during a period in which agricultural burning is prohibited by the board. F. No permit shall be valid for any day in which burning is pro- hibited by the designated fire control agency having jurisdiction over the site of the burn for the purposes of fire control or prevention. 6. All agricultural wastes to be burned must be free of tires, rub- bish, tar paper, construction debris, used pesticide containers and all other nonagrlcultural wastes. H. All agricultural wastes to be burned shall be loosely stacked in such manner as to promote drying and Insure combustion with a minimum of smoke production. All agricultural wastes to be burned shall be free of excessive dirt, soil, and visible 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 following minimum time periods or equivalent: 1. Rice Stubble: 4 days following harvest 2. Dry Cereals: 0 days -30- ------- 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 materials shall be added to an existing fire after 3:00 P.M., Pacific Standard Time. L. No agricultural burning shall be permitted which will create a nuisance as defined in Section 24243 of the California State Health and Safety Code. M. The Air Pollution Control Officer may restrict agricultural burn- ing to selected permittees on designated Burn Days if the total tonnage to be ignited would discharge a volume of contaminants into the atmosphere sufficient to cause adverse conditions. III. Exceptions A. Exception to Rule H-E and li-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 continue 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. IV. Range Improvement Burning The following are minimum provisions relating to Range Improvement Burning, in addition to items 2a, b, c, d, e, f, g, h, i, 1, and m. A. The brush to be burned shall be treated at least 6 months prior to the burn if determined to be economically and technically feasible by the Air Pollution Control Officer; B. The burn shall be ignited as rapidly as practicable within ap- plicable fire control restrictions; C. Unwanted trees over six inches in diameter shall be felled prior to the burn and dried for 6 months; -31- ------- D. Person desiring to conduct burning primarily for the improve- ment of land for wildlife and game habitat shall file with the district a statement obtained from the Department of Fish and Game certifying that the burn is desirable and proper. (51.9) RULE 418 Incinerator Burning A person shall not burn in any incinerator within the County Air Pollu- tion Control District except in a multiple-chamber incinerator as des- cribed in Rule 102 (t), or in equipment found by the Air Pollution Control Officer to be equally effective for the purpose of air pollu- tion control as an approved multiple-chamber incinerator. The incin- eration of residential rubbish as permitted in Rule 417 (d) 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 person or to the public or which endanger the comfort, repose, health or safety of any such person or the public or which cause or have a natural tendency to cause injury.or damage to business or. nmnerty. (2.0) RULE 420 Exception The provisions of Rule 419 do not apply to odors emanating from agricul- tural 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 similar substances burned by an open flame, capable of being used for the purpose of giving protection from frost damage. For the purpose of this rule, "Orchard Heater" shall include heaters used for frost protection 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). -32- ------- e. All orchard heaters shall be maintained in reasonably clean con- dition, 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 substances containing rubber, or to burn oil or other combustible substances in drums, pails or other containers except orchard heaters. -33- ------- REGULATION V - PROCEDURE BEFORE THE HEARING BOARD (2.0) RULE 501 Applicable Articles of the Health and 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 Requests for hearing shall be initiated by the filing of a petition in triplicate with the clerk of the Hearing Board, and the payment of the fee of $25 provided for in Rule 305 of these Rules and Regulations, after service of a copy of the petition has been made on the Air Pollu- tion 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 person 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 cor- poration, and the names and addresses of the person 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 application. e. The Section or Rule under which the petition is filed; that is if petitioner desires a hearing; 1. To determine whether a permit shall be revoked, suspended, or reinstated under Section 24274 of the Health and Safety Code of the State of California. 2. For a variance under Section 24292 of the Health and Safety Code of the State of California. -34- ------- 3. To revoke or modify a variance under Section 24298 of the Health and Safety Code of the State of California. 4. To review the denial or conditional granting of an authority to construct, permit to operate or permit to sell or rent under Rule 201 of these Rules and Reg- ulations. f. Each petition shall be signed by the petitioner or by some per- son on his behalf, and where the person signing is not the petitioner, it shall set forth his authority to sign. g. Petitions for revocation of permits shall allege in addition to the Rule under which permit was granted, the Rule or Section which is alleged to have been violated, together with a brief statement of the facts constituting such alleged violation. h. Petitions for reinstatement of suspended permits shall allege in addition the Rule under which the permit was granted, the request and alleged refusal which formed the basis for such suspension, together with a brief statement as to why information requested, if any, was not furnished; whether such information is believed by petitioner to be pertinent, and if so, when it will be 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. e. The requirements which petitioner can meet and the date when petitioner can comply with such requirements. f. The advantages and disadvantages to the resident of the district resulting from requiring compliance or resulting from granting a variance. -35- ------- 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. i. Whether or not the subject equipment or process is convered 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 503. (2.0) RULE 509 Dismissal of Petition The petitioner may dismiss his petition at arty time before submission of the case to the Hearing Board, without a hearing or meeting of the Hearing Board. The clerk of the Hearing Board shall notify all inter- ested person of such dismissal. (16.0) RULE 510 Place of Hearing All hearings shall be held at a place designated by the Hearing Board; it shall be readily accessible to the public. (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, 24295, or 24299 of the Health and Safety Code. -36- ------- (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 wit- nesses; to Introduce exhibits; to cross-examine opposing wit- nesses on any matter relevant to the issues even though that matter was not covered 1n the direct examination; to impeach any witness regardless of which party first called him to testify; and to rebut the evidence against him. If respondent does not testify in his own behalf, he may be called and examined as if under cross-examination. c. The Hearing need not be conducted according to the technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it 1s the sort of evidence on which re- sponsible persons are accustomed to rely on in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to sup- port a finding, unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be re- cognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded. (2.0) RULE 513 Preliminary Matters Preliminary matters such as setting a date for hearing, granting contri- vances, approving petitions for filing, allowing amendments and other preliminary ruling 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. (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 exparte, without a meeting of the Hearing Board and without prior notice. -37- ------- (2.0) RULE 516 Decision The decision shall be in writing, served and filed within 15 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 presented and the order of the Hearing Board. A copy shall be mailed or delivered to the Air Pollution Control Officer, the petitioner, and to every person who has filed an answer or who has appeared as a party in person or by counsel at the hearing. (2.0) RULE 517 Effective Date of Decision The decision shall become effective 15 days after delivering or mailing a copy of the decision, as provided in Rule 516 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 grant- ed or denied by the A1r Pollution Control 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 after a denial of a permit by the Air Pollution Control Officer may Include a permit for the duration of the variance. -38- ------- |