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-
------- |