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EPA-450/3-78-054-14
Air Pollution Regulations
in State Implementation Plans:
*
California
Lake County
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
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This report is issued by the Environmental Protection Agency to
report air pollution regulations of interest to a limited number of
readers. Copies are available, for a fee, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
This report was furnished to the Environmental Protection Agency by
Walden Division of Abcor, Inc., Wilmington, Mass. 01887, in fulfillment
of Contract No. 68-02-2890. The contents of this report are reproduced
herein as received from Walden Division of Abcor, Inc-. The opinions,
findings, and conclusions expressed are those of the author and not
necessarily those of the Environmental Protection Agency. Mention of
company or product names is not to be considered as an endorsement
by the Environmental Protection Agency.
Publication No. EPA-450/3-78-054-14
ii
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INTRODUCTION
»
This document has been produced in compliance with Section 110(h)(l)
of the-Clean Air Act Amendments of 1977. The Federally enforceable
regulations contained in the State Implementation Plans (SIPs) have been
compiled for all 56 States and territories (with the exception of the
Northern Mariana Islands). They consist of both the Federally approved
State and/or local air quality regulations as indicated in the Federal
Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of
the above categories as of January 1, 1978, have been incorporated. As
mandated by Congresst this document will be updated annually. State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.
There have been recent changes in the Federal enforceability of
parking management regulations and indirect source regulations. The
October, 1977, appropriation bill for EPA prohibited Federal enforcement
of parking management regulations in the absence of specific Federal
authorizing legislation. Federally promulgated parking management
regulations have, therefore, been suspended indefinitely. Pursuant to
the 1977 Clean Air-Act-Amendments, indirect source regulations may not
be required for the approval of a given SIP. Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted indirect source regulations contained in an applicable SIP
are Federally enforceable. More importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded, operated^-or owned-facilities or projects. Therefore, the
Federally promulgated .indirect source, regulations appearing in this
document are not enforceable by EPA except as they relate to Federal
facilities.
Since State air-quality regulations vary widely in their organization,
content, and language, a standardized subject index is utilized in this
document. Index listings consist of both contaminant and activity oriented
categories to facilitate usage. For example, for regulations which apply
to copper smelters, one might look under sulfur compounds (50.2), particu-
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.
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to the SIP and the date of the Federal Register in which the revision
was either approved or disapproved by EPA. Finally, a brief description
or reference of the regulation which was submitted is also included.
This document is not intended to provide a tool for determining
the enforceability of any given regulation. As stated above, it is
intended to provide a comprehensive compilation of those regulations
which are incorporated directly or by reference into Title 40, Part 52,
of the Code of Federal Regulations. Consequently, the exclusion of a
Federally approved regulation from this document does not diminish the
enforceability'of the regulation. Similarly, the inclusion of a given
regulation (for example, regulations governing pollutants, such as odors,
for which there is no national ambient air quality standards) in this
document does not, in itself, render the regulation enforceable.
IV
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SUMMARY SHEET
OF
EPA-APPROVED REGULATION CHANGES
LAKE COUNTY, APCD
Submittal
6/30/72
10/23/74
Approval
9/22/72
8/22/77
11/3/75
2/10/76
8/22/77
8/22/77
Description
All regs. unless other- .
wise specified
Parts II-V, Sections
3-7 of Part VI and Parts
XI-XIII, App. A (Def.
A-M, Burning Regs.,
Agric. Burn (Farm) 1-9,
Farm 1-3, Range 1-2), App.
B Parts I-II, IV-1,2,5,6,
Sections 1,4,5,6 of Part
V, Parts VI-VII, VIII-1-7,
9, Parts IX-X, Tables I-
IV
Part III, Section 59a
Table V or A
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DOCUMENTATION OF CURRENT EPA-APPROVED
STATE AIR POLLUTION REGULATIONS
REVISED STANDARD SUBJECT INDEX
1.0 DEFINITIONS
2.0 GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES
3.0 REGISTRATION CERTIFICATES, OPERATING PERMITS AND APPLICATIONS
4.0 AIR QUALITY STANDARDS (PRIMARY AND SECONDARY)
4.1 PARTICULATES
4.2 SULFUR DIOXIDE
4.3 NITRIC OXIDES
4.4 HYDROCARBONS
4.5 CARBON MONOXIDE
4.6 OXIDANTS
4.7 OTHERS
5.0 VARIANCES
6.0 COMPLIANCE SCHEDULES
7.0 EQUIPMENT MALFUNCTION AND MAINTENANCE
8.0 EMERGENCY EPISODES -
9.0 AIR QUALITY SURVEILLANCE AND SOURCE TESTING
10.0 NEW SOURCE PERFORMANCE STANDARDS
11.0 NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS
12.0 MOTOR VEHICLE EMISSIONS AND CONTROLS
13.0 RECORD KEEPING AND REPORTING
14.0 PUBLIC AVAILABILITY OF DATA
15.0 LEGAL AUTHORITY AND ENFORCEMENT
16.0 HEARINGS, COMPLAINTS, AND INVESTIGATIONS
17.0 PREVENTION OF SIGNIFICANT DETERIORATION
18.0 AIR QUALITY MAINTENANCE AREA
19.0 - 49.0
RESERVED FOR FUTURE EXPANSION OF COMMON INDEX
50.0 POLLUTANT - SPECIFIC REGULATIONS
50.1 PARTICULATES
50.1.1 PROCESS WEIGHT
50.1.2 VISIBLE EMISSIONS
50.1.3 GENERAL
vi
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50.2 SULFUR COMPOUNDS
50.3 NITRIC OXIDES
50.4 HYDROCARBONS
50.5 CARBON MONOXIDE
50.6 ODOROUS POLLUTANTS
50.7 OTHERS (Pb, Hg, etc.)
51.0 SOURCE CATEGORY SPECIFIC REGULATIONS
51.1 AGRICULTURAL PROCESSES (Includes Grain Handling, Orchard Heaters,
Rice 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, F1re
Fighting Practice, Agricultural Burning and Related Topics)
51.14 PAPER PULP; WOOD PULP AND KRAFT MILLS (Includes Related Topics)
51.15 PETROLEUM REFINERIES
51.16 PETROLEUM STORAGE (Includes Loading, Unloading, Handling and
Related Topics)
51.17 SECONDARY METAL OPERATIONS (Includes Aluminum, Steel and Related
Topics)
51.18 SULFURIC ACID PLANTS
51.19 SULFURIC RECOVERY OPERATIONS
51.20 WOOD WASTE BURNERS
51.21 MISCELLANEOUS TOPICS
vn
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TABLE OF CONTENTS
LAKE COUNTY REGULATIONS
Revised Standard Part
Subject Index Number T1tie Page
(.2.0) Part I Purpose 1
(2.0) Part II Authorization and Disclosure 1
(1.0) Part III Definitions 3
(2.0) part IV Officers, Employees, Duties,
Hearing Board, Compensation 13
(2.0) Part V Prohibitions and Standards 14
(50.1.2) Part VI. Visible Emissions 14
(50.1) Part V 2. Particulate Matter Emissions 16
(50.7) Part V 3. Other Emissions or Contaminants 16
(51.0) Part V 3.A. General 16
(51.13) Part V 3.B. .Open Burning 17
(51.21) Part V 3.C. Animal Matter 18
(51.1) Part V 3.D. Orchard Heaters 18
(51.16) Part V 3.E. Gasoline Storage 19
(50.2) Part V 3.F. Sulfur 19
(7.0) Part VI Maintenance, Malfunction, Evasion,
Inspection 19
(3.0) Part VII Permits 23
(8.0) Part VIII Emergency Conditions . 32
(16.0) Part IX Abatement 32
(15.0) Part X Violations and Penalties 32
vi i i
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Revised Standard
Subject Index
(16.0)
(5.0)
.(16.0)
(2.0)
-
(i.o)
(51.13)
-
(2.0)
(1.0)
(51.13)
(3.0)
(13.0)(51.13)
(51.13)
(51.13)
(51.13)
(15.0)
Part
Number
Part XI
Part XII
Part XIII
Part XIV
Appendix A
-
-
Appendix B
Part I
Part II
Part IV
Part V
Part VI
Part VII
Part VIII
Part IX
Part X
Title Page
Hearing Board 34
Variances 35
Hearings 40
Construction and Validity 46
Implementation Plan 47
Agricultural Burning Definitions 47
Burning Regulations - 48
Agricultural Burning Regulations 50
Scope and Policy 50
Definitions 50
Permissive-Burn and No-Burn
Days 52
Burning Permits 52
Burning Report 53
Open Burning in Agricultural
Operations in the Growing of
Crops or Raising of Fowl or
Animals 53
Range Improvement Burning 54
Forest Management Burning 55
Enforcement 56
IX
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REGULATIONS
LAKE COUNTY AIR POLLUTION CONTROL DISTRICT
(2.0) PART I - PURPOSE.
These regulations are set forth to achieve and maintain such levels of
air quality as will protect human health and safety; prevent injury to
plant and animal life and property, promote the comfort and convenience
of the people, promote the economic and social development and enjoyment
of the natural attractions of this county.
Air quality standards are not intended to provide a sharp line
between satisfactory and unsatisfactory air. Standards are to prevent or
abate the effects of air pollution on health, esthetic and economic
factors. Since standards are set.to improve the quality of air, they
should not be interpreted as permitting, encouraging or condoning de-
gradation of present air quality within the county which is now superior
to that of the stipulated standards.
Ambient air quality standards will be reviewed frequently in light of
new information and experience relating to effects on health, property,
plants and animals as well as progress in air pollution controls devices
or methods.
(2.0) Part II - AUTHORIZATION AND DISCLOSURE.
A. These regulations are pursuant to the authority granted the
County of Lake by the Health and Safety Code of the State of
California. The Air Pollution Control Board of the Lake County
Air Pollution Control District does hereby enact the following
regulations. These shall be known as the regulations of the
Lake County Air Basin.
B. The Board of Directors of the Lake County Air Pollution Control
District recognize and acknowledge the fact that pursuant to the
provisions of Section 6254.7 of the Government Code of the State
of California air pollution emission data and all monitoring
data are matters of public record, with the exceptions noted
in that code section.
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C. Disclosure Policy:
It is the policy of the District that all records not exempted
from disclosure by State law shall be open for public inspection
with the least possible delay and expense to the requesting
party.
D. Disclosure Procedure:
(1) A request to inspect public records in the custody of
the District need not be in any particular form, but
it must describe the records with sufficient specifi-
city to enable the District to identify the information
sought. The District may require that a request to
inspect be in writing.
(2) The District shall make available the records requested,
with the exception of those records specifically ex-
empted from disclosure by state law and those records
labelled pursuant to state law as "trade secret", which
are not emission data, within ten (10) working days of
the date of receipt of the request therefor. If, for
good cause, the information cannot be made available
within ten (10) working days, the board will notify the
requesting person the reasons for the delay and when the
information will be available. Those records labelled
as "trade secret" shall be governed by the procedure set
forth in state law.
(3) Within five (5) working days of receipt of a request to
inspect public records, the district shall advise the
requesting person of the following facts when appropriate:
a. The location at which the public records in question
may be inspected, and the date and office hours dur-
ing which they may be inspected.
b. If copies of the public records are requested, the
cost of providing such copies, if any.
c. Which of the records requested, if any, have been
labelled pursuant to state law as "trade secret" and
are not public records.
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d. The specific reason why the records cannot be made
available, if such is the case. Reasons for unavail-
ability may be, but are not limited to, the following:
the records are exempt from disclosure by state law;
the records cannot be identified from the information
contained in the request; the records do not exist;
the district has determined pursuant to Section 6255
of the Government Code that on the facts of the
particular case the public interest served by not
making the record public clearly outweighs the public
interest served by disclosure of the records; or the
records in question are not in custody of the
district. In the latter situation the district shall,
if possible, notify the requesting party of the en-
tity most likely to have custody of the records
requested.
(1.0) PART III - DEFINITIONS, (as used in these regulations and their
applications)
1. Agricultural Operations:
The Growing and harvesting of crops, including timber or the
raising of fowl, animals or bees as a gainful occupation.
2. Agricultural Burning:
Open outdoor fires used in agricultural operations in the
growing of crops or raising of fowl or animals, forest
management, or range improvement.
3. Air Contaminant:
A dust, fume, gas, mist, odor, smoke, vapor, pollen, soot, car-
bon, acid or particulate matter or any combination thereof.
4. Air Pollution:
The presence in the outdoor atmosphere of one or more air
contaminants in quantities, characteristics, or duration such
that they tend to be injurious to human, plant or animal
life or property, or which unreasonably interfere with the
enjoyment of life or property.
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5. Air Pollution Abatement Operations:
Any operation which has as its essential purpose a significant
reduction in (a) the emission of air contaminants or pollution,
or (b) the effect of such emission or pollution.
6. Alteration;
Any addition to or enlargement or 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 in-
crease or effect the kind or amount of air contaminant emitted.
7. Ambient Air Quality Standards:
The specific concentrations and durations of air pollutants
which reflect the relationship between the intensity and com-
position of pollution to undesirable effects.
8. Atmosphere;
The air that envelops or surrounds the earth.
9. Board:
The Air Pollution Control Board of the Air Pollution Control
District of Lake County.
10. Carbon Monoxide:
A colorless gas, odorless under atmospheric conditions,
having the molecular form CO.
11. Collection Efficiency:
The overall performance of an air cleaning device in terms of
ratio of material collected to total input to the collector
unless specific size fractions of the contaminant are stated
or required.
12. Combustible or Flammable Solid Waste:
Any garbage, rubbish, trash, rags, paper, boxes, crates, ex-
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celsior, ashes, offal, carcass of a dead animal, or any other
combustible or flammable refuse matter which is in a solid
form.
13. Combustible Refuse;
Any solid or liquid combustible waste material containing
carbon in a free or combined state.
14. Combustion Contaminants:
Matter discharged into the atmosphere from the burning of any
kind of material, excluding carbon dioxide and water.
15. Conditions:
As they appear in the table of ambient air quality standards,
specify the applicability or interpretation of the associa-
ted standard.
16. Condensed Fumes:
Particulate matter generated by the condensation of vapors
evolved after volatilization from the molten or liquid state,
or may be generated by sublimation, distillation, calcination
or chemical reaction, when these processes create airborne
particles.
17. Continuous Flow Conveying Methods;
Transporting of materials at uniform rates of flow, or at the
rates generated by the production process.
18. Control Officer:
The Air Pollution Control Director of the Air Pollution
Control District of Lake County.
19. District or Control District:
The Air Pollution Control District of Lake County, the bound-
aries of which are coincidental with the County's boundaries.
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20. Dust:
Minute solid particles released into the air by natural
forces or by mechanical processes such as crushing, grinding,
milling, drilling, demolishing, shoveling, conveying,
covering, bagging, sweeping, etc.
21. Emission;
The act of passing into the atmosphere an air contaminant or
gas stream which contains an air contaminant, or the air
contaminant so passed into the atmosphere.
21a. Emission Data;
Are measured or calculated concentrations or weights of air
contaminants emitted into the ambient air. Data used to
calculate emission data are not emission data.
22. Emission Point:
The place, located in a horizontal plane and vertical eleva-
tion at which an emission enters the atmosphere.
23. Equipment:
Any article, machine, equipment or other contrivance, the use
of which may cause the issuance of air contaminants or which
may be designed for or used to control air contaminants.
24. Equivalent Method;
Any procedure for measuring the concentration of a contaminant
other than that specified in the air quality standard for the
contaminant, which can be shown to the satisfaction of the Air
Resources Board or the Air Pollution Control District Board
to give equivalent results at or near the level of the air
quality standards.
25. Excess Air:
The quantity of air that exceeds the theoretical quantity of
air required for complete combustion.
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26. Existing Source or Equipment;
Any air contamination source or equipment in use or existent
at the use site at the time of adoption of these regulations.
27. Flue:
Any duct or passage for air, gases, or the like, such as a
stack or chimney.
28. Health and Safety Code;
The Health and Safety Code of the State of California in its
latest amended form.
29. Hearing Board;
The Hearing Board of the Air Pollution Control District of
Lake County.
30. Hot Mix Asphalt Plant;
A plant conveying proportion quantities or batch loading of
cold aggregate to a dried, and heating, drying, screening,
classifying, measuring and mixing the aggregate and asphalt
for the purpose of paving, construction, industrial, resi-
dential or commercial use.
31. Household Rubbish;
Papers, leaves, prunings, grass, except rubber products,
plastics, roofing materials, petroleum oils, garbage, or other
materials which create offensive odors.
32. Hydrogen Sulfide;
A colorless, noxious gas having the molecular form H2S.
33. Incineration;
An operation in which the combustion is carried on for the
principal purpose, or with the principal result, of oxidizing
a waste material to reduce its bulk or facilitate its disposal.
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34. Industrial Area;
Any area for the manufacturing, processing, fabricating,
refining, repairing, packaging or treatment of good,
materials, liquids and flammable or explosive matter or
materials.
35. 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.
36. Micrograms Per Cubic Meter (ug/m3):
A unit of concentration which is numerically equal to the
mass of a contaminant (in Micrograms) present in one cubic
meter sample of air, measured at Standard conditions.
37. Most Relevant Effects:
Effects which ambient air quality standards are intended to
prevent or abate.
38. New Sources or Equipment:
Any air pollution source or any equipment constructed or
installed after the effective date of these regulations. Any
air pollution source or equipment replaced, altered or
processes changed as to have any substantial effect on the
production or control of air contaminants. Any air pollution
source or equipment moved to another premise involving a
change of address. Any equipment purchased and to be
operated after effective date of these regulations by a new
owner or when a new lessee desires to operate such equipment.
Any equipment that is or has been shut down, put out of service
or otherwise made inoperative for 180 days and which is to be
put back into service.
39. Nitrogen Dioxide;
A red-brown gas, odorless under atmospheric conditions, having
the molecular form NC.
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40. Open Outdoor Fire;
Any combustion of solid or liquid waste outdoors in the open,
not in any enclosure where the products of combustion are not
directed through a flue.
41. Operation:
Any physical action resulting in a change in the location,
form or physical properties of a material, or any chemical
action resulting in a change in the chemical composition or
the chemical or physical properties of a material.
42; Orchard or Citrus Grove Heater:
Any article, machine, equipment or other contrivance, burning
any type of fuel or material capable of emitting air contam-
inants, used for the purpose of giving protection from frost
damage.
43. Over Fire Air;
Air introduced into a tepee or wigwam burner or other type in-
cineration device after the primary combustion has occurred.
44. Owner:
Includes but is not limited to any person who leases, super-
vises or operates equipment, in addition to the normal meaning
of ownership.
45. Oxidant:
A substance that oxidizes a selected reagent that is not
oxidizable by oxygen under ambient conditions. It includes
ozone, organic peroxides, and peroxacyl nitrates, but not
nitrogen dioxides for purposes of these regulations.
46. Parts Per Million (PPM);
A volumetric unit of gas concentration, which is numerically
equal to the volume of gaseous contaminant present in one
million volumes of air.
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47. Parti oil ate Matter:
Discrete atmospheric particles of liquid, other than un-
combined water, or solids, as distinguished from a gas or
vapor.
47a. Person;
'Person1 means any natural person, corporation, firm, part-
nership, governmental entity, and the federal government
to the extent authorized by federal law. (Based on Section
39006.5 of the Health and Safety Code).
48. Person or Persons;
An individual, public or private corporation, political
subdivision, agency, board, department or bureau of the state,
municipality, partnership, co-partnership, firm, association,
trust or estate, or any other legal entity whatsoever which
is recognized in law as the subject of rights and duties. .
49. Prevailing Visibility:
The greatest visibility which attained or surpassed around at
least half of the horizon circle, but not necessarily in
continuous sectors, as determined by the procedure given in
"Manual of Surface Observations", U.S Weather Bureau, Army
and Navy.
49a. Public Record:
'Public Record1 means any record made available to the public
by law containing information relating to the conduct of the
public's business that is prepared, owned, used, or retained
by the Board, except "trade secrets". (Based on Section
6252(d) of the Government Code).
49b. Record:
'Record' means handwriting, typewriting, printing, photostat-
ing, photographing, and every other means of recording upon
any form of communication or representation, including letters
words, pictures, sounds, or symbols, or combinations thereof,
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and all papers, maps, magnetic or paper tapes, photo-
graphic films and prints, magnetic or punched cards, discs,
drums, and other documents. (Based on Section 6252(e) of the
Government Code).
50. Process Weight Per Hour;
The total weight, including contained moisture, of all
materials introduced into any specific process which process
may cause any discharge into the atmosphere. Solid fuels
charged will be considered as part of the process weight, but
liquid and gaseous fuels and combustion will not. The
process weight per hour will be derived by dividing the total
process weight by the number of hours in one complete
operation from the beginning of any given process to the
completion thereof, excluding any time during which the equip-
ment is idle. For continuous processes, the total weight of
materials per twenty-four (24) hours period will be used in
calculations.
51. Refuse:
Anything thrown away or rejected or worthless or useless;
waste; rubbish; including but not restricted to domestic
garbage, lawn and shrubbery trimmings; commercial wastes such
as garbage, cardboard, paper; industrial wastes.
52. Regulations; .
One of the major subdivisions of these regulations.
53. Residential-Commercial Area:
Any area used for single or multiple family dwelling purposes,
including all accessory uses and facilities; any retail sales
facility, professional offices, institutional and recreational
uses and facilities and highway service activities.
54. Section;
Refers to a section of the Health and Safety Code of the State
of California unless some other statute is specifically
mentioned.
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55. Standard Conditlons:
As used in these regulations, refers to a gas temperature of
sixty (60) degrees Fahrenheit and a gas pressure of fourteen
and seven-tenths(14.7) pounds per square inch absolute.
56. Standard Cubic Foot of Gas:
The amount of gas that would occupy a volume of one (1) cubic
foot, if free of combined water, at standard conditions. When
applied to gaseous combustion products, "standard cubic foot"
also implies adjustment of gas volume to that which would
result at a concentration of twelve percent (12%) carbon
dioxide or fifty percent (50%) excess air.
57. Sulfur Dioxide;
A colorless, irritation gas under atmospheric conditions,
having a molecular form S02-
58. Tepee or Wigwam Burner;
A burner of wood wastes, consisting of a single burning chamber
having the general features of a truncated cone, and generally
used in conjunction with saw-mills, lumber mills and similar
activities.
59. Total Reduced Sulfides (TRS);
Reduced sulfur contained in hydrogen sulfide, mercaptans,
dimethyl sulfide, dimethyl disulfide or other organic sulfide
compounds, all expressed as hydrogen sulfide. Sulfur dioxide,
sulfur trioxide, or sulfuric acid mist are not to be included
in the determination of TRS.
59a. Tons;
Tons are mass units equal to 2000 pounds.
60. Underfire Air;
Air introduced into a tepee or wigwam burner or other type
incineration device beneath the fuel pile or into the primary
combustion chamber.
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61. Visibility Reducing Particles:
Atmospheric particles in the light scattering size range.
(2.0) PART IV - OFFICERS. EMPLOYEES. DUTIES. HEARING BOARD, COMPENSATION.
1. Board;
The Board of Supervisors of the County shall be, and are
hereby designated as, and empowered to act as, ex-officio
the Air Pollution Control Board of the Air Pollution Control
District (Section 24220 H and S Code).
. 2. Control Officer;
The Board shall appoint an Air Pollution Control Director
(H and S 24222).
3. Other Employees;
The Board may provide for assistants, deputies, clerks, and
other employees to be employed by the Air Pollution Control
Director and the times at which they shall be appointed (H and
S 24223).
4. Duties of the Control Officer;
The Air Pollution Control Director shall observe and enforce,
within the Control District:
a. the provisions of Chapter 2, Division 20 and Chapter 3.5,
Part I, Division 26 of the Health and Safety Code and all
provisions of the Vehicle Code relating to the emission or
control of air contaminants.
b. all orders, regulations, and rules prescribed by the Air
Pollution Control Board of the District.
c. all variances and standards which the hearing board pre-
scribes pursuant to Article 5, Chapter 2, Division 20
of the Health and Safety Code and these regulations. (H
and S 24224 as amended 1970).
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5. Hearing Board;
a. The Air Pollution Control Board shall appoint a hearing
board to consist of five members, none of whom is other-
wise employed by the air pollution control district or by
the county. One member shall have been admitted to the
practice of Taw in this state. One member shall be a
chemical or mechanical engineer. One member shall be a
representative from the medical profession whose special-
ized skills, training, or interests are in the fields of
environmental medicine, community medicine, or occupa-
tional /toxi col ogic medicine. Two members shall be public
members.
b. If the Air Pollution Control Board in a county having a
population of less than 500,000 inhabitants is unable to
secure a person with the qualifications prescribed by
subdivision (a), who is willing and able to serve, and
for that reason a vacancy exists on the hearing board, it
may, in order to fill the vacancy, appoint to such hearing
board any person. (Health and Safety 24225).
6. Compensation;
The Board shall determine the compensation of and pay from
district funds, the Air Pollution Control Director, and all
of his assistants, deputies, clerks, and other employees and
members of the Hearing Board (H and S 24227).
(2.0) PART V - PROHIBITIONS AND STANDARDS.
(50.1.2) 1. Visible Emissions:
A. 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 three (3)
minutes in any one (1) hour which is:
1. as dark or darker in shade as that designated as No.
2 of the Ringlemann Chart, as published by the
United States Bureau of Mines, or
2. of such opacity as to obscure an observer's view to a
degree equal to or greater than does smoke described
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in subsection (a) of this section.
Existing visible emission sources will comply with
subsection V-1B by 1 January 1974.
C. Part V-lc shall not apply to any aircraft being used to
distribute seed, fertilizer, insecticides, or other
agriculture aids over lands devoted to the growing of
crops or raising of fowl or animals (H and S 24242.5 and
39077.5).
Ringlemann No. 2 is equivalent to an opacity of forty
percent (40%) and Ringlemann No. 1 is equivalent to an
opacity of twenty percent (20%) for purposes of these
regulations.
D. Exclusions;
The provisions of Part V-l, "Visible Emissions," do not
apply to emissions:
(1) from fires set by or permitted by any public officer
if such fire is set or permission given in the per-
formance of the official duty of such officer, and
such fire in the opinion of such officer is necessary:
a. for the purpose of the prevention of a fire
hazard which cannot be abated by any other
means, or
b. for the instruction of public employees in the
methods of fighting fire.
(2) from fires set pursuant to permit on property used
for industrial purposes for the purpose of instruc-
tion of employees in methods of fighting fire (H and
~
(3) of agricultural operation and associated necessary
odors in the growing of crops, raising of fowls or
animals (H and S 24251 and 39077.5).
(4) from fires set for improvement of watershed, range,
or pasture (H and S 39077.4).
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(5) of orchard or citrus grove heaters which do not
produce unconsumed solid carbonaceous matter at a
rate in excess of one (1) gram per minute (H and S
24251).
(6) from the use of other equipment in agricultural
operations in the growing of crops, or raising of
fowl or animals (H and S 24251).
i
(7) from fires set pursuant to an open burning permit
issued by the Control Officer "(Hand S 39077.4).
(50.1) 2. Particulate Matter Emissions:
Prohibitions;
(1) Combustion contaminants discharged into the atmosphere
from any source shall not exceed
a. two-tenths (0.2) grain per standard cubic foot of
gas calculated to 12 percent carbon dioxide for
equipment in use, prior to December 20, 1971, or
b. one-tenth (0.1) grain per standard cubic foot of
gas calculated to 12 percent carbon dioxide for
equipment beginning operation after December 20,
1971.
(2) Other Sources: Particulate matter discharged into the
atmosphere from other than combustion sources shall not
exceed:
a. two-tenths (0.2) grain per standard cubic food of
gas, or
b. the total process emission from a single premise
source for any dust, condensed fume, or other parti -
culate matter, as given in Table IV. The more
stringent of (a) or (b) shall apply.
(50.7) 3. Other Emissions or Contaminants:
(51.0) A. General: .
No person shall discharge, or permit to be discharged from
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any source whatever, such quantities of air contaminants
or other material which cause injury, detriment, nuisance
or annoyance to any considerable number of persons or to
cause injury or damage or have a natural tendency to cause
injury or damage to business or property (Health and
Safety Code 24243). This does not apply to odors emanating
from agricultural operations in the growing of crops or
raising of fowl or animals (Health and Safety 24251.1).
Any discharge of air contaminants which will cause the
ambient air quality to exceed those amounts listed in the
TABLE OF.STANDARDS, APPLICABLE STATEWIDE, as shown in the
California Administrative Code, Title 17, Section 70200,
off premises shall be a violation of this section. Section
70200 of the California Administrative Code is hereby
adopted and made a part of this regulation as though fully
set forth herein.
(51.13) B. Open Burning:
(1) No person shall use open fires for the purpose of
disposal of petroleum wastes, demolition debris,
tires, or other combustible or flammable solid or
liquid waste; or for metal salvage or burning of
automobile or other vehicle bodies (H and S 39296 AB
16 except "other vehicle").
(2) No person shall ignite or cause to be ignited, permit
to be ignited or suffer, allow or maintain any open
outdoor fire except as, follows:
a. Fires used only for the cooking of food for
human beings or for recreational purposes, or
b. fires permitted under exceptions to the "Visible
Emissions" prohibitions, Section V of these
regulations, or
c. fires set or caused to be set as backfires necess-
ary to save life or valuable property pursuant
to Section 4426 of the Public Resources Code
(H and S 39297), or
d. fires set to abate fires pursuant to Chapter 2
(commencing with Section 13025) of Part I of
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Division 12, Health and Safety Code, "Fire and
Fire Protection" (Health and Safety 39297).
e. Fires for disposal of household rubbish of a
single or two-family dwelling on its premises.
(51.21) C. Animal Matter:
(1) 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 contrivances are:
a. incinerated at temperatures of not less than
one thousand two hundred (1,200) degrees Fahren-
heit for a period of not less than three-tenth
(0.3) second, or
b. processed in a manner determined by the Control
Officer to be equally, or more, effective for
the purpose of air pollution control than (a)
above.
(51.1) D. Orchard Heaters;
(1) No new orchard or citrus heater produced or manu-
factured shall be sold for use against frost damage
after 1 January 1971, unless is has been approved
by the California Air Resources Board.
(2) The District may allow continued use of orchard
heaters, until 1 January 1974 that will not comply
with these regulations if provisions of these regu-
lations would preclude the use of such heaters and
be a serious economic hardship to the owners or
operators of the heaters or the practical elimination
of agricultural operations now being carried out
within the District (H and S 24265.5). After 1
January 1974, all orchard heaters used shall be of a
type which produces unconsumed solid carbonaceous
matter at a rate of not more than one (1) gram per
minute. Permits are not required for orchard heater
operation.
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(51.16) E. Gasoline Storage;
The following Sections of the State of California Health
and Safety Code, and any future Amendments thereto, are
part of these Rules and Regulations by reference:
Section 39068.2 et seq., Chapter, Article 2, Part I,
Division 26.
(50.2) F. Sulfur;
A person shall not discharge into the atmosphere from any
single source of emission whatsoever emissions in excess
of 1,000 ppm sulfur compounds calculated as sulfur di-
oxide.
(7.0) PART VI - MAINTENANCE. MALFUNCTION. EVASION. INSPECTION.
1. Maintenance;
Emissions exceeding any Air Pollution District standard as a
direct result of a shutdown of equipment for scheduled main-
tenance shall not be deemed to be a violation of these reg-
ulations provided:
A. A report shall be submitted to the Control Officer at
least twenty-four (24) hours prior to shutdown, and
B. The person responsible for such emissions shall complete
maintenance with reasonable speed. The Control Officer
may require in writing a full report on such occurrences
if the nature of emissions or length of shutdown
warrants.
2. Malfunction of Equipment:
A. Emissions exceeding any of the limits established in these
regulations as a result of equipment or installation mal-
function shall be deemed in violation unless:
(1) The Control Officer or department is notified within
four (4) hours of malfunction onset which would be
expected to result in increased emissions, and
(2) The person responsible for the equipment or install-
ation operations, upon request of the Control Officer
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makes a full report, Including causes and pre-
ventative measures to be taken to minimize or
eliminate a reoccurrence within ten (10) working
days of occurrence.
B. On receipt of notification the Control Officer may permit
the continuance of operation for a period not to exceed
ten (10) days provided that written application is made
to the Control Officer. Such application shall be made
within twenty-four (24) hours of the malfunction or
within such other time period as the Control Officer may
specify. In the case of major equipment failure, the
Control Officer may permit additional time for correction
provided a corrective program has been submitted by the
person and approved by the Control Officer.
3. Evasion;
No person shall cause or permit the installation or use of
any device of any means which, without resulting in reduc-
tion in the total amount of air contaminants emitted, con-
ceals or dilutes an emission of air contaminant which would
otherwise violate an air pollution control regulation.
A. Except when the Control Officer upon investigation de-
termines that breakdown or malfunction was unavoidable
or unforseen.
4. Request Procedure:
A. When requesting-information for determining the amount
of air contaminants from nonvehicular sources pursuant
to Section 39079 or other sections of the Health and
Safety Code, the district shall identify the information
requested with sufficient specificity to enable the per-
son to identify the precise information sought. The
District shall give notice in writing that the information
provided may be released (1) to the public upon request,
except trade secrets, which are not emission data, and
(2) to the federal Environmental Protection Agency, which
protects trade secrets as provided in Section 114 (c) of
the Clear Air Act, as amended in 1970 and in 40 Code of
Federal Regulations, Chapter 1, Part 2.
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B. Any person from whom the district obtains any records,
whether requested by the district or furnished by a
person for some other reason, may label as 'trade secret1
any part of those records which are entitled to con-
fidentiality under Section 6254.7 of the Government Code
(quoted in Section 91000). Written justification for the
'trade secret' designation shall be furnished with the
records so designated and the designation shall be a
public record. The justification shall be as detailed
as possible without disclosing the trade secret; the per-
son may submit additional information to support the
justification, which information, upon request, will be
kept confidential in the same manner as the record
sought to be protected.
i
C. After a preliminary review, the district may reject a
justification as having no merit, in which case the
person making the justification shall be promptly
notified in writing the records in question shall, upon
expiration of 21 days from the date of the notice, be
subject to public inspection unless a justification is
received and accepted.
D. An application for approval, accreditation, or certifi-
cation of a motor vehicle emission control device or
system shall be deemed a trade secret until such time
as the approval, accreditation, or certification is
granted, at which time the application shall become .a
public record, except that estimates of sales volume of
new model vehicles contained in an application shall be
treated as trade secrets for the model year, and then
shall become public records. If an application is
denied, it shall continue to be treated as a trade secret
but shall be subject to the provisions of Section 5.
5. Trade Secrets:
A. Except as otherwise provided in State law, only those
portions of records in the custody of the district which
are not emission data and (1) were labelled "trade
secret" prior to the adoption of this Subchapter, (2) are
hereafter specifically labelled as "trade secret"
pursuant to State law, or (3) are received from a state
or local agency, including an air pollution control board,
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with a "trade secret" designation, shall be subject to
the procedure set forth in this section. All other
portions of such records shall be made available
pursuant to Section 21021.
B. When the district receives a request to inspect any
record so labelled which is not emission data, it shall
promptly notify the requesting party that (1) such record
is designated a-trade secret under state law, and, if
such is the case, under law it cannot be made available;
(2) the district has not determined if it is a trade
secret, but the justification of the request for con-
fidentiality is enclosed; and (3) if the requesting party
considers the justification inadequate, he may so advise
the district in writing, setting forth his reasons.
C. Upon receipt of such advice, the district shall (1)
promptly review in detail the justification, the Chal-
lenge to the justification, and the record; (2) determine
if the record is in its entirety a trade secret (s); and
(3) promptly notify those persons affected of its decision
in writing. If the district withholds the record from
inspection, the person requesting it may seek judicial
relief under Section 6258 of the Government Code. If the
district determines that the record is in any significant
part not a trade secret, the district shall send the
notice required by this subdivision by certified mail,
return receipt requested, to the person designating the
information as a trade secret, with an additional notice
that the record in question shall be released for inspec-
tion to the requesting party twenty-one days after
receipt of the notice, unless the district is restrained
from so doing by a court of competent jurisdiction.
D. Should the person designating the record as a trade secret
seek protection in a court of law, the requesting party
may be made a party to the litigation to justify his
challenge to the designation.
6. Emission Data and Sampling Access:
The Control Officer or his authorized representative may,
upon reasonable written notice, require the owner or opera-
tor of any article, machine, equipment, or other contrivance,
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the use of which may cause the issuance of air contaminants,
or the use of which may eliminate, reduce or control the
issuance of air contaminants, to:
A. Provide the district with descriptions of basic equip-
ment, "control equipment and rates of emissions. Where
this information does not provide sufficient data to
the district to carry out the purposes of Part I,
Division 26 of the Health and Safety Code, or where such
information is in question, the control officer or his
authorized representative may require such other addi-
tional information as may be necessary, including process
and production data, techniques and flow diagrams.
B. Provide sampling platforms, sampling ports, and means of
access to sampling locations.
C. Provide and maintain sampling and monitoring apparatus
to measure emissions or air contaminants when the con-
trol officer or his authorized representative has deter-
mined that such apparatus is available and should be
installed.
7. Credentials for Entry:
The control officer shall issue identification cards, with the
photograph of the holder and signature of the control officer,
to such employees of the district who need such credentials
for entry as authorized by Section 39079.5 of the Health and
Safety Code.
(3.0) PART VII - PERMITS.
1. Registration:
These regulations do not constitute an automatic permit for
the installation or operation of any equipment in existence
upon the effective date of these regulations. Upon request
of the Control Officer, any source of emission, actual or
potential, shall register with the District. Any owner,
operator or user of any equipment in use at the time of
adoption of these regulations and subject to these regula-
tions who is required to register shall be allowed thirty (30)
days to register to obtain a permit to operate and to
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operate and to furnish the Control Officer with information
required. Registration information required may include all
information required under VII-4 relating to operating
permits.
2. Construction, Alteration, Replacement, Sale or Rental:
Permits shall be required to construct, erect, alter, replace,
sell or rent any equipment which may cause, potentially
cause, reduce control or eliminate the issuance of air con-
taminants. Written authority to construct, alter, replace
sell or rent shall be obtained from the Control Officer prior
to starting construction, erection, alteration, sale or
rental. A single permit may be issued for all components of
an integrated system or process. Plans and specifications
drawn in accordance with acceptable engineering practices,
may be required as a prerequisite to permit issuance. The
authority to construct shall remain in effect for one (1)
year or until a permit for operation is issued, whichever
occurs first. If the authority to construct expires prior to
issuance of a permit to operate, the authorization may be
extended one year at the request of permittee. A renewal fee
may be assessed. Construction not in accordance with this
permit shall be sufficient reason to deny a permit to
operate.
3. Notice of Completion:
Notice shall be provided in writing to the Control Officer of
the completion of construction, alteration, or replacement
and the date when operation will commence.
4. Operation:
Permits shall be required to operate any equipment which may
cause, potentially cause, reduce, control or eliminate the
issuance of air contaminants. No permits to operate shall be
granted by the Control Officer or Hearing Board unless the
equipment is designed to meet standards set forth in these
regulations and the regulations of the Air Resources Board
of the State of California and the following requirements are
met:
A. Registration shall be completed within thirty (30) days
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following the mailing date of the request by the Control
Officer. ' ' '
B. Registration shall be made on forms furnished by the
District and completed by the owner, lessee, or agent
of the source.
C. The following information may be required of the registrants:
(1) Name, address, owner and nature of business.
(2) Name of local person responsible for compliance with
these rules and regulations.
(3) Name of person authorized to receive requests for data
and information.
(4) A description of the production processes and a related
flow chart.
(5) A plot plan showing the location and height of all air
contaminant sources. The plot plan shall also indicate
the nearest residential or commercial property.
(6) Type and quantity of fuels used or wastes combusted.
(7) Amount, nature and duration of air contaminant emis-
sions.
(8) Estimated collection efficiency of air pollution con-
trol equipment under present or anticipated operating
condition.
(9) Amount and method of refuse disposal.
D. Re-Registration will be carried out:
(1) Annually upon the date of initial registration, by
person responsible for the air contamination source
reaffirming in writing the correctness and current
status of the information furnished the District, or
(2) At any time changes in the factual data reported under
Section VIII-3 occur, such changes shall be reported
to the District in writing. Re-registration may be
required on forms furnished by the District.
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5. Approval:
A permit, conditional permit or notice of approval to con-
struct, alter, replace, sell, rent or operate does not relieve
the owner or operator of the responsibility of complying with
the emission standards and regulations of this District, the
Air Resources Board and the Health and Safety Code.
6. Posting of Permits:
Permits shall be posted on the equipment. Posting shall consist
of affixing the permit, an approved facsimile, or other approved
identification bearing the permit number upon the equipment in
such a manner to be clearly visible and accessible. In the
event the equipment is so constructed or operated that the per-
mit" to operate cannot be so placed, the permit to operate shall
be mounted so as to be clearly visible in an accessible place
within twenty-five (25) feet of the equipment, or maintained
readily available at all times on the operating premises.
7. Transfer of Permits:
Permits .are non-transferrable from one location to another,
from one piece of equipment to another, or from one person to
another.
8. Conditional Permits:
The Control Officer may issue an authority to construct or per-
mit to operate or use, subject to condition which will bring the
operation of any equipment within the applicable standards set
forth in these regulations, in which case the conditions shall be
specified in writing. Commencing work under such an authority to
construct or operation under such a permit to operate shall be
deemed acceptance of all the conditions so specified. The Con-
trol Officer may issue an authority to construct or permit to
operate with revised conditions upon receipt of a new applica-
tion, if the applicant demonstrates that the equipment can op-
erate within the standards of these regulations under the re-
vised conditions.
9. Use Permits;
Permits to construct, alter, replace, or operate issued under
these regulations do not replace, supplant or negate the need
for a Use Permit issued by the Planning Commission under Sec-
tion 20-74 of the Lake County Code.
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10. Action on Applications;
The Control Officer shall act promptly on an application
for authority to construct, alter, replace sell or rent,
or permit to operate, and shall notify the applicant in writing
by mail or in person, of the action taken; namely approval,
conditional approval, or denial. Notice of action taken shall
be deemed to have been given when the written notification has
been deposited in the mail, post-paid, addressed to the ad-
dress shown on the application, or when personally delivered
to the applicant or his representative.
11. Exclusions:
Permits shall not be required for:
A. Any vehicle as defined in the Vehicle Code.
B. Any structure designed for and used exclusively as a
dwelling for not more than four (4) families.
C. An incinerator used exclusively in connection with such
a dwelling structure.
D. Barbecue equipment which is not used for commercial purposes.
E. Orchard or citrus grove heaters described in 11 of this sub-
section and in section V-1E of these regulations (H and S
24251).
F. Repairs or maintenance not involving structural changes to
any equipment for which a permit has been granted.
12. Fees for Permits:
The Air Pollution Control Board may provide a schedule of
fees not exceeding the estimated cost of issuing permits
and inspection pertaining to such.
13. Source Emission Testing;
In the event that emission occurs, or is likely to occur,
which is in excess of that allowed by these regulations,
or if the nature of the emissions warrants, emission source
or emission premise monitoring may be required as follows:
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A. The Source owner or operator may be required to perform or
have performed tests to determine the emission of air con-
taminants from any source. These must be conducted by
reputable qualified personnel and in accordance with good
professional practice and acceptable methods. The District
may observe such testing at any time and be supplied with a
copy of test results in writing, signed by the person re-
sponsible.
B. Require the installation of emission monitoring equipment
on a permanent basis so the operator of air contamination
sources may know the nature and extent of emission. Record
of such monitoring shall be available to the District upon
demand. Such monitoring must be done by qualified person-
nel and with acceptable methods.
C. The District may conduct emission tests on any premise.
The owner shall provide necessary holes, stacks, ducts,
platforms or other such safe and proper sampling and test-
ing facilities. Any construction required shall be in ac-
cordance with the General Industrial Safety Orders of the
State of California. If permanent monitoring is deemed
necessary, and equipment needed shall be provided and main-
tained by the owner under the general direction of the
District. Copies of any District testing result shall be
provided the owner upon request.
14. Plans and Specifications;
The Control Officer at any time may require from an applicant
for, or holder of any permit provided for by these regulations,
such information, analysis plans, or specifications as will
disclose the nature, extent, quantity or degree of air contam-
inants which are or may be discharged by such source (H and S
24269).
15. Suspension of Permit:
A. Any permit issued under these regulations may be suspended
by the Control Officer, Board or Hearing Board for viola-
tion of any regulation or standard of the District,
B. If the holder of any permit provided for by regulations
within fifteen (15) days (H and S says "reasonable" time)
wilfully fails and refuses to furnish to the Control Officer
information, analyses, plans or specifications requested,
the Control Officer may suspend the permit. Written notice
of such suspension and the reasons therefore shall be
served the permittee (H and S 24270).
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C. Within ten (10) days after receipt of notice of suspension
the permittee may file with the Hearing Board a demand for
a public hearing as to whether or not the permit was prop-
erly suspended (H and S 24271).
16. Reinstatement of Permit;
A. The Control Officer shall reinstate a suspended permit
when all information, analyses, plans, specifications
are furnished (H and S 24272).
B. The Control Officer may reinstate a suspended permit where
in his opinion, good reasons exist therefore (H and S 24273).
C. The Control Officer may request the Hearing Board to hold a
public hearing to determine whether a permit should be re-
voked, or a suspended permit should be reinstated (H and S
24274).
D. Within thirty (30) days after either the Control Officer or
the permittee has requested a public hearing, the Hearing
Board shall hold such hearing and give notice of the time
and place of such hearing to the permittee, to the Control
Officer and to such other persons as the Hearing Board deems
should be notified, not less than ten (10) days before the
date of the public hearing (H and S 24275).
E. After a public hearing the Hearing Board may:
(1) Continue the suspension of a permit suspended by the
Control Officer, or
(2) Remove the suspension of an existing permit invoked by
the Control Officer pending the furnishing by the per-
mittee of the information, analyses, plans and speci-
fications required, or
(3) Find that no violation exists and reinstate an"existing
permit, or
(4) Revoke an existing permit, if it finds:
(a) the permittee has failed to correct any
conditions required by the Control Officer.
or
(b) a refusal of a permit would be justified, or
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(c) fraud or deceit was employed in the
obtaining of the permit, or
(d) any violation of these regulations
or Chapter 2 of the H and S Code
. (H and S 24276).
17. Denial of Applications;
A. In the event of denial of an authority to construct,
permit to operate or permit to sell or rent, the
Control Officer shall notify the applicant in writing
of the reasons therefore. Service of this notification
may be made in person or by mail, addressed to the ap-
plicant at the address set forth on the application, and
such service may be proved by the written acknowledgement
of the person served or affidavit of the person making the
service. The Control Officer shall not accept a further
application unless the applicant has complied with the
objections specified by the Control Officer as his reason
for denial of the authority to construct, the permit to
operate or the permit to sell or rent.
B. Before acting on an application for authority to construct,
permit to operate or permit to sell or rent, the Control
Officer may require the applicant to furnish further infor-
mation or further plans or specifications.
C. Failure of the Control Officer to act upon an application
to construct, alter, replace, sell or rent within sixty
(60) days of initial application or within thirty (30)
days after the applicant furnishes further information,
plans and specifications requested by the Control Officer,
whichever is later, shall be considered a denial of permit.
The applicant may thereafter petition the Control Officer
for action.
Do Within ten (10) days after notice by the Control Officer
of denial or conditional approval of an authority to
construct, permit to operate or use or permit to sell or
rent or within ten (10) days after the application is deemed
denied pursuant, to C above, the applicant may petition the
Hearing Board, in writing, for a public hearing held within
thirty (30) days after filing the petition, may sustain,
reverse or modify the action of the Control Officer; such
order may be made subject to specified conditions.
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18. Schedule of Compliance:
A person responsible for emission which is not in compliance
with these regulations on their effective date or a person
found by the Control Officer at a later date not in compliance,
shall submit to the Control Officer for approval a schedule for
compliance containing estimates of time for engineering, time
for procurement, time for fabrication and time for installation
and adjustment. The schedule shall be submitted within sixty
(60) days of the initial request. The original schedule may
be amended within ninety (90) days of the original request,
provided the material facts are presented in writing, indicat-
ing a different reasonable schedule. Failure of the applicant
to comply with the original or modified schedule may result in.
A. Further demand by the Control Officer for a compliance
schedule or reports as necessary to show reasonable
progress, or
B. Application of enforcement procedures contained in these
regulations if unreasonable delay has occurred without
significant progress.
C. Variances granted by ABB only
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(8.0) PART VIII - EMERGENCY CONDITIONS.
In the event of generalized atmospheric conditions or localized dangerous
contamination of such a nature to warrant, the Control Officer may take
immediate action and instruct person or persons contributing to air
pollution to reduce or discontinue immediately the emission of air
contaminants. A hearing may be held by the Hearing Board within twenty-
four (24) hours of such action.
(16.0) PART IX - 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 these regulations 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 on the Hearing Board. The Hearing
Board in holding hearings on the issuance of orders for abatement shall
have all powers and duties conferred upon it by these regulations and
the Health and Safety Code (H and S 24260.5) (AB88).
(15.0) PART X - VIOLATIONS AND PENALTIES.
1. General:
A. Every person violating any order, rule or regulation of an
Air Pollution Control District is guilty of a misdemeanor.
Every day during any portion of which such a violation occurs
is a separate offense (H and S 24281).
B. Any violation of any order, rule or regulation of the Air
Pollution Control Board may be enjoined in a civil action
brought in the name of the people of the State of California,
except that the plaintiff shall not be required to allege
facts necessary to show or tending to show lack of adaquate
remedy at law or to show or tending to show irreparable
damage or loss (H and S 24252, amended 1970 by AB 90).
C. Any person who intentionally or negligently violates any
rule or regulation of the Air Pollution Control District, or
the State Air Resources Board, prohibiting or limiting the
discharge of Air contaminants into the air, shall be liable
for a civil penalty not to exceed five hundred dollars ($500.00)
for each day in which such violation occurs (H and S 39261 AB
88 1970).
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2. VI si ble Enrission Prohibitions:
Every person who violates any provisions of these regulations
which are set forth under authority of Devision 20, Chapter 2,
H and S Code, is guilty of a misdemeanor. Every day during any
portion of which such violation occurs constitutes a separate
offense (H and S 24253).
3. Permits:
A. Every person is guilty of a misdemeanor who knowingly makes
any false statement in any applicaton for a permit or in any
information, analyses plans, or specifications submitted either
in conjunction therewith, or at the request of the Control
Officer (H and S 24277).
B. Every person is guilty of a misdemeanor who builds, erects,
alters, replaces, uses or operates any source capable of
emitting air contaminants for which a permit is required by
those regulations when his permit to do so has been either
suspended or revoked (H and S 24278).
C. Every person required by these regulations -to obtain a permit
so to do who, without first obtaining such permit builds,
erects, alters, replaces, uses, or operates any source
capable of emitting air contaminants, is guilty of a misdemeanor
(H and S 24279).
D. Every person is guilty of a misdemeanor who builds, erects,
alters, or replaces, operates or uses any such articles,
machine, equipment, or other contrivance contrary to the
provisions of any permit issued under these regulations or the
H and S Code, State of California (H and S 24280).
E. Every permittee who wilfully fails or neglects to furnish
information, analyses, plans or specifications required by
the Control Officer is guilty of a misdemeanor (H and S 24282).
4. Abatement:
Any person who intentionally or negligently violates any order of
abatement issued by the District pursuant to these regulations,
Part X, or by the State Air Resources Board, shall be liable for
a civil penalty not to exceed six thousand dollars ($6,000.00)
for each day in which such violation occurs (H and S 39260).
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Open Burning;
Any violation of Part V 3B is a misdemeanor punishable by
by imprisonment in the county jail not exceeding six (6) months,
or by fine not exceeding five hundred dollars ($500.00), or both,
and the cost of putting out the fire. Every day during any
portion of which such violation occurs constitutes a separate
offense (H and S 39296.1).
Orchard Heaters;
Any violation of Part V-3D of these regulations is a misdemeanor
punishable by imprisonment in the county jail not exceeding six
(6) months, or by fine not exceeding five hundred dollars ($500.00),
or both, and the cost of putting out the fire. Every day during
any portion of which such violation occurs constitutes a separate
offense (H and S 39298.7).
(16.0) PART XI - HEARING BOARD .
1. The Hearing Board shall select from its number a Chairman
(H and S 24311).
2. The Hearing Board may hold a hearing in bank or may designate
four (4) or three (3) of their number to hold a hearing (H and S
24312).
3. If three (3) or more members of the Hearing Board conduct a
hearing the concurrence of three (3) shall be necessary to a
decision (H and S 24313).
4. The Hearing Board not less than four (4) being present may, in
its descretion, within thirty (3) days re-hear any matter which
was decided by a single member (H and S 24314).
5. Whenever the members of the Hearing Board conducting any hearing
deem it necessary to examine any person as a witness at such
hearing, the chairman of the Hearing Board shall issue a subpoena
in the proper form, commanding such person to appear before it at
a time and place specified to be examined as a witness. The subpena
may require such person to produce all books, papers and documents
in his possession or under his control material to such hearing
(H and S 24315).
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6. A subpoena to appear before the Hearing Board shall be served in
the same manner as a subpoena in a civil action (H and S 24316).
7. Whenever any person duly subpoenaed to appear and give evidence
or to produce any books and papers before the Hearing Board
neglects or refuses to appear, or to produce any books and papers,
as required by the subpoena or refuses to testify or to answer
any questions which the Hearing Board decides are proper and
pertinent, he shall be deemed in contempt, and the Hearing
Board shall report the fact to the Judge of the Superior Court
of the County (H and S 24317).
8. Upon receipt of the report, the Judge of the Superior Court
shall issue an attachment directed to the Sheriff of the County
where the witness was required to appear and testify, commanding
the Sheriff to attach such person and forthwith bring him before
the Judge who ordered the attachment issued (H and S 24318).
9. On the return of the attachment and the production of the body
of the defendant, the Judge has jurisdiction of the matter. The
person charged may purge himself of the contempt in the same
way, and the same proceeding shall be had, and the same penalties
may be imposed, and the same punishment inflicted as in the case
of a witness subpoenaed to appear and give evidence on the trial
of a civil cause before a Superior Court (H and S 24319).
10. Every member of the Hearing Board may administer oaths in every
hearing in which he participates (H and S 24320).
11. At any hearing the Hearing Board may require all or any witness
to be sworn before testifying (H and S 24321).
12. Any person deeming himself aggrieved, including the Air Pollution
Control District, may maintain a special proceeding in the Superior
Court, to determine the reasonableness and legality of any action
of the Hearing Board (H and S 24322).
13. Any person filing such a special proceeding after any decision
of the Hearing Board shall be entitled to a trial de novo and an
independent determination of the reasonableness and legality of
such action in such court on all issues of law, facts, and mixed
questions of law and facts and opinions therein involved
(H and S 24323).
(5.0) PART XII - VARIANCES.
1. The provisions of the H and S Code, and these regulations do not
prohibit the discharge of air contaminants to a greater extent or
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for a longer time, or both, than permitted by Article 3,
Chapter 2, Division 20, H and S. and Section V (Prohibitions and
Standards) of these regulations, if not of a greater extent or
longer time than the Hearing Board finds necessary (H and S 24291).
24291. The provisions of this Chapter do not prohibit the discharge
of air contaminants to a greater extent or for a longer time, or
both, than permitted by Article 3 (commencing with Section 24241)
of this Chapter, Chapter 3.5 ( commencing with Section 39077) of
Part I of Division 26, or by rules, regulations, or orders of the
air pollution control board, if not of a greater extent or longer
time than the hearing board or a court after a hearing before the
hearing board finds necessary pursuant to the provisions of this
article.
2. a. The owner or operator of any emission source, with respect
to the source, or the air pollution control officer, may
petition the hearing board for a variance. Upon receipt of
a petition for a-variance, except in the case of an emergency,
as determined by the hearing board, the hearing board shall
hold a hearing to determine under what conditions and to what
extent a variance from the requirements established by these
rules and regulations is necessary and will be permitted.
b. The Hearing Board shall allow interested members of the
public a reasonable opportunity to testify with regard to the
matter under consideration, and shall consider such testimony
in making its determination.
c. The hearing board shall prepare a record of the witnesses and
the testimony of each witness at the hearing. Such a record
may be a tape recording. The record shall be retained by the
hearing board while the variance is in effect, or for the period
of one year, whichever is longer.
d. If any person who has filed a petition for s variance desires
to commence or continue operation pending the decision of the
hearing board, he may petition the hearing board for an interim
variance. The hearing board shall consider such an application
at a hearing, which may be held without compliance with the
requirements of subdivisions (a), (b), and (c) of this section
and Section 4, Part XII, except that notice shall be given to
the air pollution control officer. Good cause appearing there-
fore, which shall be stated in the order, the hearing board
may grant an interim variance, which shall not extend beyond
the date of the decision of the hearing board, or 90 days from
the date of its issuance, whichever occurs first. The hearing
board shall not grant any interim variance which in its judg-
ment is being sought to avoid the notice and hearing require-
ments set forth in.
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3. The Air Pollution Control Board may set forth a schedule of fees
which will yield a sum not exceeding the estimated cost of the
administration of this section, for the filing of applications for
variances or to revoke or modify variances. All applicants shall
pay the fees required by such a schedule (H and S 24293) to the
District Treasury (H and S 24294).
4. a. The hearing board shall serve a notice, of the time and place
of a hearing to grant a variance upon the air pollution control
officer, all other air pollution control districts within the
air basin as defined by the State Air Resources Board, the
State Air Resources Board, the Environmental Protection Agency
and upon the petitioner, if any, not less than 30 days prior
to such hearing.
b. The hearing board shall also send notice of the hearing to at
least one daily newspaper of general circulation in the district,
and obtain publication in such newspaper, and to every person
who requests such notice. Such notice shall be sent and
published not less than 30 days prior to the hearing. The
notice shall contain the time and place of the hearing and such
other information as may be necessary to reasonably apprise
the people within the district of the nature and purpose of
the meeting.
c. At least 30 days prior to the hearing, the hearing board shall
make the petition for variance, including all proposed conditions
or increments of progress, if any, available to the public for
inspection. The hearing board may require that the petitioner
submit proposed conditions or increments of progress as part
of the petition. If the petitioner fails to do so, the Hearing
Board may itself propose conditions or increments of progress,
or dismiss the petition. The Hearing notice shall state that
the petition, including proposed conditions or increments of
progress, is available for public inspection, and set forth
the place and times therefor.
d. In the case of a variance or series of variances totaling not
more than 90 days, the notice requirements of subdivision (b)
and (c) shall not apply. For such a variance or variances,
notice shall be served as required in subdivision (a), and
upon any person who requests notice of such variances, not
less than 10 days before the hearing.
5. If the Hearing Board finds that because of conditions which are
beyond the control of the owner or operator, compliance with these
regulations or order of the Air Pollution Control Board will result
in an arbitrary and unreasonable taking of property or in the
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practical closing and elimination of any lawful business,
occupation or activity, in either case without a sufficient
corresponding benefit or advantage to the people in the
reduction of air contamination, it shall prescribe other and
different requirements not more onerous applicable to plants and
equipment operated either by same classes of industries or persons,
or to the operation of separate persons, provided, however, that
no variance may permit or authorize the maintenance of a nuisance
(H and S 24296).
6. In determining under what conditions and to what extent a variance
from said requirements is necessary and will be permitted, the
hearing board shall exercise a wide discretion in weighing the
equi titles involved and the advantage and disadvantages to the
residents of the district and to any lawful business, occupation
or activity involved, resulting from requiring compliance with
said requirements or resulting from granting a variance (H and S)
24297).
7. The Hearing Board may revoke or modify the written order, after
public hearing held upon not less than ten (10) days notice, any
order permitting a variance (H and S 24298). Notice of time and
place of a hearing to revoke or modify any order permitting a
variance shall be served not less than ten (10) days prior to such
hearing, upon the Control Officer, upon all persons who will be
subjected to greater restrictions if such order is revoked or
modified as proposed and upon all other persons interested or
likely to be affected who have filed with the Hearing Board or
Control Officer a written request for such notification (H and S
24299).
The Board shall also send notice of the hearing to every daily
newspaper of general circulation in the district and to every
person who requests such notice. The notice shall contain the
time and place of the hearing and such other information as may
be necessary to reasonably apprise the people within the district
of the nature and purpose of the meeting.
Notice shall be submitted by personal service or first class mail,
postage prepaid. If the identity or address of any person entitled
to notice is unknown, the Hearing Board shall serve such person
be publication of notice once in a newspaper of general circulation
published within the Air Pollution Control District (H and S 24300).
8. a. The hearing board, in making any order permitting a variance,
shall set a final compliance date, in no event to exceed one
year from the date of issuance of the variance.
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b. Notwithstanding subdivision (a), variance may be issued for
a period exceeding one year if such variance includes a
schedule of increments of progress which require compliance
with applicable emission control limits by the conclusion of
the schedule. Any such schedule shall have a final compliance
date.
c. Upon petition of any interested person, the hearing board may
review and for good cause, such as a change in the availability
of materials, equipment, or adequate technology, modify a
schedule of increments of progress after holding a hearing in
accordance with Section 7. Upon petition of any interested
person, the hearing board may review and for good cause, such
as a change in the availability of materials, equipment, or
adequate technology, modify a final compliance date by holding
a public hearing in accordance with Section 4.
d. "Increments of progress" means steps toward compliance which
will be taken by the petitioner, including:
1) The date of submittal of the source's final control plan
to the appropriate air pollution control agency;
2) The date by which contracts for emission control systems
or process modifications will be awarded; or the date by
which orders will be issued for the purchase of component
parts to accomplish emission control or process modification;
3) The date of initiation of onsite construction or installation
of emission control equipment or process change;
4) The date by which onsite construction or installation of
emission control equipment or process modification is to
be completed; and
5) The date by which final compliance is to be achieved.
e. "Increments of progress" shall include, where practicable, each
increment of progress specified in subdivision (d) and shall
include such additional increments of progress as may be
necessary or appropriate to permit close and effective supervision
of progress toward timely compliance.
9. No variance shall be granted unless the hearing board makes all
of the following findings:
a. That the petitioner for a variance is, or will be, in violation
of a provision of these rules and regulations.
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b. That, due to conditions beyond the reasonable control of th,
petitioner, requiring compliance would result in either (1)
an arbitrary or unreasonable taking of property or (2) the
practical closing and elimination of a lawful business.
c. That such closing or taking would be without a corresponding
benefit in reducing air contaminants.
10. Within 30 days of any order granting, modifying, or otherwise
affecting a variance by the hearing board, either the air pollution
control officer or the hearing board shall submit a copy of the
order granting the variance to the State Air Resources Board.
11. a. If the air pollution control board adopts a rule or regulation
to limit emissions of pollutants as of a future date, the rule
or regulation shall also require that each person currently
emitting pollutants exceeding such limits shall submit to the
hearing board, for public hearing after notice as required by
Section 4, a schedule of increments of progress as defined in
Section 8 (d) indicating that the person will be in compliance
with the emissions limit at the date the emissions limit is
effective. If a person cannot be in compliance by such a date,
he may apply for a variance prior to such date in which case
the application shall be considered pursuant to this article
even though such rule or regulation is not presently effective.
b. In lieu of the procedure described in subdivision (a) the rule
or regulation may itself contain a schedule of increments of
progress as defined in Section 8 (d). In such event, only
persons who cannot comply with that schedule shall submit
a schedule or an application for a variance to the hearing
board as required in subdivision (a). In the event that a
person subsequently determines that he cannot meet the schedule
published in the rule or regulation, he shall immediately submit
a schedule or an application for variance and justification
therefore to the hearing board for approval. The hearing board
shall approve a schedule different from the published schedule,
or a variance, or portions thereof, only if the applicant
demonstrates a bona fide effort to meet the published schedule
and shown that his failure to do so has been caused by circum-
stances beyond his control, if a schedule is different from
the schedule published in the rule or regulation.
(16.0) PART XIII - HEARINGS
1. Fee:
Every applicant or petitioner for a variance, or the extension,
revocation or modification of a variance or for an appeal from a
denial or conditional approval of an authority to construct, permit
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to operate or permit to sell or rent, except any state or local
governmental agency or public district, shall pay to the clerk
of the Hearing Board, on filing a fee.
2. Transcript:
Any person requesting a transcript of the hearing except the Air
Pollution Control District, shall pay the cost of such transcript.
3. Contents of Petition;
A. Every petition shall include:
1. The name, address and telephone number of the petitioner
or other person authorized to receive services of notices.
2. Whether the petitioner is .an individual, partnership, co-
partnership, corporation or other entity, and the names
and address of the partners if a co-partnership: names
and address of the officer, if a corporation, and the
names and address of the persons in control, if other entity.
3. The type of business or activity involved in the application
and the street address at which it is conducted.
4. A brief description of the article, machine, equipment
or other contrivance, if any, involved in the application.
5. The regulation under which the petition is filed; that
is whether petitioner desires a hearing:
a. to determine whether a permit shall be revoked or
suspended permit reinstated (H and S 24274).
b. for a variance.
- c. to revoke or modify a variance.
d. to review the denial or conditional granting of an
authority to construct, permit to operate or permit
to sell or rent.
6. The signature of the petitioner or person authorized in
the petitioner's behalf. Such authorization shall be
stated.
7. The regulation under which permit was granted in petitions
for revocation, together with a brief statement of the
facts constituting the alleged violation.
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8. The request and alleged refusal, in petitions for
reinstatement of suspended permits, which formed the
basis for such suspension, together with a brief
: statement as to why the information requested, if any,
was not furnished, whether such information is believed
by the petitioner to be pertinent, and if so, when it
will be furnished.
9. All petitions shall be typewritten, double-spaced on
legal or letter sized paper, one side of the paper only,
leaving a margin of at least one inch at the top and
left side of each sheet.
4. Variance Petition:
A. Variance petitions shall include, in addition to the
information in three (3) above, the following:
1. Facts showing why compliance with the section, regulation
or-order is unreasonable.
2. The period of time for which variance is sought, and why
such period is requested.
3. " The damage or harm resulting or which would result to the
petitioner from compliance with District regulations or
order.
4. A final compliance date and increments of progress as
defined in Part XII Section 8 (d).
.5. The advantage or disadvantages to the residents of the
District resulting from requiring compliance or resulting
from granting a variance.
6. Whether or not operations under such variance, if granted,
would constitute a nuisance.
7. Whether or not any case involving the same identical
equipment or process is pending in any court, civil or
criminal.
8. Non-acceptance of Petition:
The Clerk of the Hearing Board shall not accept for filing
any petition which does not comply with these regulations
unless the chairman or any three (3) members of the Hearing
Board direct otherwise and confirm such direction in writing.
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This need not be done at a meeting of the Hearing Board.
The chairman or any three (3) members, without a meeting,
may require the petitioner to state further facts or
reframe a petition so as to disclose clearly the issue
involved.
9. Dismissal by Petitioner:
The petitioner may dismiss the petition at any time before
submission of the case to the Hearing Board, without a
hearing or meeting of the Hearing Board. The clerk of
the Hearing Board shall notify all interested persons of
such dismissal.
10. Amending of Petition:
At any time more than ten (1) days prior to hearing, the
petitioner may amend his petition by serving an amended
copy to all necessary parties. Amendments less than ten
(10) days prior to the hearing will be allowed at the
discretion of the Hearing Board.
11. Notice of Hearing:
a. The clerk of the Hearing Board shall mail or deliver
a notice of hearing to the petitioner, the Control
Officer, all other air pollution control districts
within the air basin as defined by the Air Resources
Board, the State Air Resources Board, and the
Environmental Protection Agency, not less than 30
days prior to such hearing.
b. The Hearing Board shall also send notice of the
hearing to at least one daily newspaper of general
circulation in the district, and obtain publication
in such newspaper, and to every person who requests
such notice. Such notice shall be sent and published
not less than 30 days prior to the hearing. The
notice shall contain the time and place of the hearing
and such other information as may be necessary to
reasonably apprise the people within the district
of the nature and purpose of the meeting.
12. Place of Hearing:
All hearings shall be held at the County Supervisors'
Chambers, Lake County Courthouse, Lakeport, California,
unless some other place is specified by the Hearing Board.
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13. Procedure;
A. Oral evidence shall be taken only on oath or
affirmation.
B. Each party shall have these rights:
1. To call and examine witnesses.
2. To introduce exhibits.
3. To cross examine opposing witnesses on any matter
relevant to the issue even though that matter was
not covered in the direct examination.
4. To impeach any witness regardless
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E. The decision of the Hearing Board shall be in writing,
served and filed within 30 days after submission of
the cause by the parties thereto, and shall contain a
brief statement of facts found to be true, the deter-
mination of the issue presented and the order of the
Hearing Board. Within 30 days of any order granting,
modifying or otherwise affecting a variance by the
Hearing Board, a copy of the order shall be mailed or
delivered to the Control Officer, the petitioner,
every person who has filed an answer or who has
appeared as a party in person or by counsel at the
hearing, and to the State Air Resources Board.
F. The decision of the Hearing Board shall become
effective fifteen (15) days after delivering or
mailing a copy of the decision, or the Hearing Board
may order that the decision become effective sooner.
G. The Hearing Board shall not receive or accept a
petition for a variance for the operation or use of
any article, machine, equipment or other contrivance
until a permit to operate has been granted or denied
by the Control Officer except under the following
conditions:
1. An appeal from a denial of a permit to operate
and a petition for a variance may be filed with
the Hearing Board in a single petition, or
2. The Control Officer may petition the Hearing
Board to grant a variance or extension of initial
compliance for any individual operation or
group of operations.
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(2.0) PART XIV - CONSTRUCTION AND VALIDITY
1. If any provisions of these regulations shall be held void or
unconstitutional by judicial or other parts of these
regulations which are not expressly held to be void or uncon-
stitutional shall continue in full force and effect.
2. The regulations are not intended to permit any practice which
is in violation of any statute, ordinance, order or
regulation of the United States, State of California, County
of Lake or any incorporated city therein; and no provisions
contained in these regulations are intended to impair or
abrogate any civil remedy or process, whether legal or
equitable, which might otherwise be available to any person.
3. These regulations shall be liberally construed for the
protection of the Health, Safety and Welfare of the people
of Lake County.
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IMPLEMENTATION PLAN APPENDIX A
(1.0) AGRICULTURAL BURNING DEFINITIONS: (Adopted 1/22/73)
A. "Agricultural burning" means outdoor fires used in agricultural
operations in the growing of crops or raising of fowls or
animals, forest management, or range improvement, or used in
improvement of land for wildlife and game habitat (Section 39295."6
of the California Health and Safety Code).
B. "Open burning in agricultural operations in the growing of
crops or raising of fowls or animals" means:
1. The burning in the open of materials produced wholly
from operations in the growing and harvesting of crops
or raising of fowls or animals for the primary purpose
of making a profit, of providing a livelihood, or of
conducting agricultural research or instruction by an
educational institution; and
2. In connection with operations qualifying under Sub-
division (1):
a. The burning of grass and weeds in or adjacent to
fields in cultivation or being prepared for culti-
vation; and
b. The burning of material not produced wholly from
such operations, but which are intimately related
to the growing or harvesting of crops and which
are used in the field, except as prohibited by
district regulations. Examples are fertilizers
and pesticide sacks or containers, where the sacks
or containers are emptied in the field.
C. "Range improvement burning" means the use of open fires to
remove vegetation for a wildlife, game or livestock habitat
or for the initial establishment of an agricultural practice
on previously uncultivated land.
D. "Forest management burning" means the use of open fires, as
part of a forest management practice, to remove forest
debris. Forest management practices include timber oper-
ations, silvicultural practices or forest protection
practices.
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E. "Brush treated" means that the material to be burned has
been felled, crushed or uprooted with mechanical equipment,
or has been desiccated with herbicides.
F. "Timber operations" means cutting or removal of timber or
other forest vegetation.
S. "Silviculture" means the establishment, development, care
and reproduction of stands of timber.
H. "Board" means Air Resources Board, or any person authorized
to act on its behalf.
I. "Designated agency" means any agency designated by the Board
as having authority to issue agricultural burning permits.
The U. S. Forest Service and the California Division of
Forestry are so designated within their respective areas
of jurisdiction.
J. A "no-burn" day means any day on which agricultural burning
is prohibited by the Board.
K. A "permissive-burn" day means any day on which agricultural
burning is not prohibited by the Board.
L. "District" means the Lake County Air Pollution Control
District.
M. "Approved ignition device" means any butane or propane
burning device or any other device which does not create
heavy unconsumed carbonaceous emission.
(51.13) BURNING REGULATIONS;
Agricultural Burning (Farm)
1. Permit required. Burn on permissive-burn days only.
2. Require the material to be burned to be free of material
that is not produced in an agricultural operation.
, 3. Require the material to be arranged so that it will burn
with a minimum of smoke.
4. Require material to be reasonably free of dirt, soil and
visible surface moisture.
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5. Require the material to be dried for minimum periods of time.
a. Trees and large branches, 30 days
b. Prunings and small branches, 7 days
c. Wastes from field crops that are cut in a green condition,
3 days.
d. Other material at the discretion of the local Air Pollution
Control Officer.
6. Regulate the total amount of material that may be burned
each day.
7. Regulate burning when the wind direction is toward a nearby
populated area.
8. .Limit the ignition of fires to approved ignition devices.
9. Permit on no-burn days the burning of empty sacks or
containers which contained pesticides or other toxic
substances, providing the sacks or containers are within the
... definition of "open.burning in agricultural operations in
the growing of crops or raising of fowl or animals", as
specified in defintions (a).
Farm;
1. Drying time, trees and large limbs, 30 days.
2. Prunings, 7 days.
3. Waste, cut in green condition, 3 days.
Range:
1. Brush treated, crushed or uprooted with mechanical equipment
or desiccated with herbicides..
2. Felled and dried trees, minimum 30 days.
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AGRICULTURAL BURNING REGULATIONS APPENDIX B
(Adopted 1/22/73)
(2.0) PART I SCOPE AND POLICY
These regulations shall apply only to the use of open outdoor
fires for the disposal of trees, brush, native vegetation, dry
wood wastes, paper and cardboard on permissive burn days as
designated by the California Air Resources Board and the Lake
County Air Pollution Control District. Permits for such fires
are required and shall be issued by the fire control agency of
jurisdiction in the respective area. These regulations are not
intended to permit open burning on days when such open burning
is prohibited by public fire protection agencies for purpose of
fire control or prevention.
(1.0) PART II DEFINITIONS
1. Agricultural Burning:
Open outdoor fires used in agricultural operations in the
growing of crops or raising of fowls or animals, forest
management, or range improvement, or used in improvement
of land for wildlife and game habitat (Section 39295.6 of
the California Health and Safety Code.)
2. Open Burning in Agricultural Operations in the Growing of
Crops or Raising of Fowl or AnimalsT
a. The burning in the open of materials produced wholly
from operations in the growing and harvesting of crops
or raising of fowl, or animals for the primary purpose.
of making a profit, of providing a livelihood", or of
conducting agricultural research or instruction by an
educational institution; and
b. In connection with operations qualifying under
Subdivision (a):
1. The burning of grass and weeds in or adjacent to
fields in cultivation or being prepared for
cultivation; and
2. The burning of material not produced wholly from
such operations, but which are intimately related to
the growing or harvesting of crops which are used
in the field, except as prohibited by district
regulations. Examples are fertilizer and pesticide
sacks or containers, where the sacks or containers
are emptied in the field.
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3. Range Improvement Burning;
B
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.
4. Forest Management Burning;
The use of open fires as part of a forest management practice,
to remove forest debris. Forest management practices Include
timber operations, siIvicultural practices or forest
protecti on practi ces.
5. Brush Treated;
The material to be burned has been felled, crushed or
uprooted with mechanical equipment, or has been desiccated
with herbicides.
6. Timber Operations;
Cutting or removal of timber or other forest vegetation.
7. Silvicultural;
The establishment, development, care and reproduction of
stands of timber.
8. Board;
The State Air Resources Board, or any person authorized to
act on its behalf.
9. Designated Agency;
Any agency designated by the Board as having authority to
issue agricultural burning permits. The U.S. Forest
Service and the California Division of Forestry are so
designated within their respective areas of jurisdiction.
10. No-Burn Day;
Any day on which agricultural burning is prohibited by the
Board, or the Lake County Air Pollution Control Districts.
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11. Permlssive-Burn Day:
Any day on which agricultural burning is not prohibited by
the Board.
(51.13) PART IV PERMISSIVE-BURN AND NO-BURN DAYS
1. A notice as to whether a day is a permissive-burn day or a
no-burn day will be provided by the Air Resources Board by
0745. Such notices will be based on meteorological criteria
adopted by the Air Resources Board.
2. An advisory outlook which estimates whether the following
day (s) will be permissive-burn or no-burn day (s) will be
made by the Board.
(3.0) PART V BURNING PERMITS
1. All burning permits, with the exception of Subdivision 2
of this Part, will be issued by the appropriate fire control
agency having jurisdiction in the area of the proposed burn.
The applicant shall provide all information required by the
fire control agency and the .Control District. All permits
issued are subject to these agricultural burning guidelines,
Control District regulations, fire control agency regulations
and other such regulations as may be applicable. The permit
shall contain the following words or words of similar import:
"This permit is valid only on these days which are not
prohibited by the State Air Resources Board pursuant to
Section 39298 of the Health and Safety Code".
2~. Notwithstanding the provisions in Subdivision 3 of this Part,
the Air Resources Board may prohibit range improvement
burning during the period designated if in the opinion of
the Board, such prohibition is required for the main-
tenance of suitable air quality.
3. Permittees will be issued applicable guidelines and prohibitions
as an integral portion of the permit.
4. Designated fire control agencies will be provided with
applicable information on Control District and State Air
pollution control regulations. Such information will be
reviewed and kept current on a continuing basis.
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(13.0) . PART VI BURNING REPORT
(51.13)
1. A quarterly report of burning pursuant to these guidelines
shall be submitted by designated agencies to the Control
District within fourteen (14) days of the end of the
quarter. The report shall include the date of each burn,
the type of waste burned, and the estimated tonnage or
acreage of waste burned.
2. A report of permits issued pursuant to Part V-2 shall be
prepared quarterly by the District. The report shall
include the number of such permits issued, the date of
issuance, the person or persons to whom the permit was
issued, an estimate of the amount of wastes burned and
the reason why denial of each permit would have threatened
imminent and substantial economic loss.
(51.13) PART VII OPEN BURNING IN AGRICULTURAL OPERATIONS IN THE
GROWING OF CROPS OR RAISING OF FOWL OR ANIMALS
1. All burning shall be ignited by approved devices, such as
fusees, orchard torches, propane torches, pressurized
flamethrower type torches, jellied petroleum devices,
matches, fuselighters, commercial fuses, fuel blivets,
drip torches, diesel sprayers or other such approved
devices.
2. All material to be burned shall be free of material that
is not produced in an agricultural operation. Tires,
tarpaper and other rubbish likely to cause excessive smoke
shall not be burned.
3. All material to be burned shall be arranged so that it will
burn with a minimum of smoke and be reasonably free of dirt,
soil and visible surface moisture.
4. Materials shall be dired as follows:
a. Trees and branches over 6 inches in diameter: 60 days
b. Prunings and smaller branches: 15 days
c. Field crops, brush and weeds cut in a green condition: 7 days
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d. Other materials: Drying time will be determined by
the designated agency.
e. Designated agencies may modify the above drying times
as conditions warrant.
5. The total amount of material that may be burned in each
designated district (Fig. 1) shall not exceed that set
forth in Table II.
6. Maximum care must be taken to keep smoke from drifting
into populated areas such as the incorporated cities and
their immediate surrounding populace. Wind direction,
topography and population density shall be considered to
minimize smoke reaching nearby populated areas.
7. Burning of empty sacks or containers which contained
pesticides or other toxic substances may be permitted on
no-burn days, providing the sacks or containers are within
the definition of "open burning in agricultural operations
in the growing of crops or raising of fowl or animals"
as specified in Part II - 2.
(51.13) PART VIII RANGE IMPROVEMENT BURNING
1. All burning shall be ignited by approved ignition devices,
such as fusees, orchard torches, propane torches, pressur-
ized flamethrower type torches, jellied petroleum devices,
matches, fuselighters, commercial fuses, fuel blivets,
drip torches, diesel sprayers or other such approved
devices.
2. The total amount of material that may be burned in each
designated district (Fig. 1) shall not exceed that set
forth in Table II.
3. Wastes to be burned shall be free of tires, tarpaper or
other types of rubbish likely to cause excessive smoke.
4. Wastes shall be Ignited as rapidly as practicable within
applicable fire control restrictions.
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5. Maximum care must be taken to keep smoke from drifting
into populated areas such as the incorporated cities and
their immediately surrounding populace. Wind direction,
topography and population density, shall be considered to
minimize smoke reaching nearby populated areas.
6. Brush is to be treated at least (6) months prior to
burning if economically and technically feasible.
7. Unwanted trees over six (6) inches in diameter shall be
felled and dried at least sixty (60 days).
8. If the burn is to be done primarily for the improvement
of land for wildlife and game habitat, the applicant must
obtain a statement from the Department of Fish and Game
certifying that the burn is desirable and proper. Such
statements must be filled with the designated agency and
Control District.
(51.'13) PART IX FOREST MANAGEMENT BURNING
1. All forest management burning shall be ignited by approved
ignition devices such as fusees, orchard torches, propane
torches, pressurized flamethrower type torches, jellied
petroleum devices, commercial-jellied petroleum pumps,
commercial grenade devices, matches, fuselighters,
commercial fuses, fuel blivets, drip torches, diesel sprayers
or other such approved devices.
2. The total amount of material that may be burned in each
designated district (Fig. 1) shall not exceed that set
forth in Table II.
3. Wastes shall be ignited as rapidly as practicable within
applicable fire control restrictions.
4. Maximum care must be taken to keep smoke from drifting
into populated areas such as the incorporated cities and
their immediately surrounding populace. Wind Direction,
topography and population density shall be considered to
minimize smoke reaching nearby populated areas.
5. Materials to be burned shall be dired for minimum periods
as determined by the designated agency.
6. Wastes to be burned shall be free of tires, rubbish,
tarpaper, construction debris or other types of material
likely to cause excessive smoke.
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7. Wastes to be burned shall be reasonably free of dirt,
soil and visible surface moisture.
8. Wastes to be burned shall be wind-rowed or piled where
possible, unless good silvicultural practices dictate
otherwise.
9. Wastes to be burned in piles shall be prepared to burn
with a minimum of smoke.
(15.0) PART X ENFORCEMENT
1. No person shall knowingly set or permit agricultural
burning unless he has a valid permit from a designated
agency or the District.
2. No person shall knowingly set or permit agricultural
burning on days prohibited by the California Air Resources
Board or the Control District.
3. A violation of this section is a misdemeanor punishable
by imprisonment in the County Jail not exceeding six (6)
months or by fine not exceeding five hundred'($500.00)
dollars, or both, and the cost of putting out the fire.
Every day during any portion of which such violation
occurs constitutes a separate offense.
4. Enforcement of these regulations shall be carried out
by the Control District.
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TABLE I: AGENCIES DESIGNATED TO ISSUE
AGRICULTURAL BURNING PERMITS
1. California Division of Forestry, Middletown (Jim Owen)
2. California Division of Forestry, Kelsey/Cobb ) rrani,
3. California Division of Forestry, Clearlake Oaks )
4. U. S. Forest Service, Upper Lake
5. Clearlake Oaks Fire Protection District
6. Kelseyvilie-Big Valley Fire Protection District
7. Lakeport County Fire Protection District
8. Lakeshore Fire Protection District (Clearlake Highlands)
9. Middletown Fire Protection District
10. Upper Lake Fire Protection District
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TABLE II:
DAILY QUOTA OF AGRICULTURAL MATERIAL THAT
MAY BE BURNED" BY WATERSHED*
Watershed Acreage (or tonnage) Per Day**
Clear Lake 5,000 acres (150,000 tons)
Putah Creek 2,000 acres ( 60,000 tons)
Scotts Creek 2,000 acres ( 60,000 tons)
* Watershed boundaries indicated in Figure^"I.
**Acreage based on an average fuel density of 30 tons per acre.
Acreage must be adjusted downwardly in event the average fuel
density exceeds thirty (30) tpns/acre. Acreage may be adjusted
upwardly if fuel density is less than thirty (30~ptons/acre.
Adjustment of acreage will be'at the discretion of the fire
control agency or Control District based on Table III, "Guides
for Estimating Dry Weights of Several California Fuel Types",
air quality, and fire control conditions.
Daily quota is the maximum permissible material that
may be burned. Neither the fire control agency nor the
Control District is required to allow the maximal amount
permissible on any given burn-day.
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TABLE III:
'GUIDES FOR ESTIMATING DRY WEIGHTS OF SEVERAL
CALIFORNIA FUEL TYPES
Code No. Material Total Dry Height
(Fuel Types)(Tons, Acre)
1 Grass 2
2 Grass and scattered sage 4
3 Mature timer (little chopping) 30
4 Bear Clover 8
5 Open Manzanita 10
6 Timber - medium reporduction and brush 15
7 Light to medium chemise-Southern California 6
8 Brush mixture with sage 12
9 Medium brush - in cut-over or timber burn 20
10 Mixed Douglas Fir - White Fir with
brush and rep. . 40
11 Medium brush and oak - So. California 15
12 Heavy pure manzanita, chamise or buck brush 25
13 Heavy mixed brush 30
14 Heaviest mixed brush 35
15 Second growth medium poles- 20
16 Slash in cut-overs - See items 1-4 below
17 Woodland - little chopping 3
18 Prunings 3
19 Miscellaneous - To be estimated
Dry Weights or Slash in cut-overs (fuel type 16)
Total Dry Weight
1. Hand Piles 6' x 6' x 6' . 1 ton
2. Machine Piles 15' x 15' x 8' 6 tons
3. Log decks 32' x 15' x 10' 60 tons
4. Patch Cut Areas:
Light 60 tons/acre
Medium 90 tons/acre
Heavy 150 tons/acre
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TABLE IV.
LAKE COUNTY AIR POLLUTION CONTROL DISTRICT
PARTICIPATE MATTER EMISSIONS STANDARD FOR
PROCESS UNITS AND PROCESS EQUIPMENT
Process
Lbs/Hr.
50
100
150
200
250
300
350
400
450
500
550
600
650
700
750
800
850
900
950
1000
1100
1200
1300
1400
1500
1600
1700
1800
1900
2000
2100
2200
Emission Process
Lbs/Hr. Lbs/Hr.
0.24
0.46
0.66
0.85
1.03
1.20
1.35
1.50
1.63
1.77
1.89
2.01
2.12
2.24
2.34
2.43
2.53
2.62
2.72
2.80
2.97
3.12
3.26
3.40
3.54
3.66
3.79
3.91
4.03
4.14
4.24
4.34
2300
2400
2500
2600
2700
2800
2900
3000
3100
3200
3300
3400
3500
3600
3700
3800
3900
4000
4100
4200
4300
4400
4500
4600
4700
4800
4900
5000
5500
6000
6500
7000
Emission Process
Lbs/Hr. Lbs/Hr.
4.44
4.55
4.64
4.74
4.84
4.92
5.02
5.10
5.18
5.27
5.36
5.44
5.52
5.61
5.69
5.77
5.85
5.93
6.01
6.08
6.15
6.22
6.30
6.37
6.45
6.52
6.60
6.67
7.03
7.37
7.71
8.05
7500
8000
8500
9000
9500
10000
11000
12000
13000
14000
15000
16000
T7000
18000
19000
20000
30000
40000
50000
60000
or more
Emission
Lbs./Hr.
8.39
8.71
9.03
9.36
9.67
10.00
10.63
11.28
11.89
12.50
13.13
13.74
14.36
14.97
15.58
16.19
22.22
28.30
34.30
40.00
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TABLE V
LAKE COUNTY AIR POLLUTION CONTROL DISTRICT
"TffBLE OF STANDARDS. APPLICABLE STATE HIDE
SECT10H"78200 CALIFORNIA ADMINISTRATIVE CODE. TITLE 17
Substance
Concentration
and
Methods*
Duration
of
Averaging
Periods
Most Relevant Effects
Comnents
Oxldant,
including
Ozone
Carbon
Monoxide
Sul fur
Dioxide
Visibility
Reducing
Particles
Suspended
Participate
Matter
0.10 ppm neutral
buffered Kl***
10 ppm NDIR
40 ppm NDIR
0.3 ppm conductl-
metric method
0.04 ppm conduc ti-
me trie method
In sufficient amount
to reduce visibility**
to less than 10 miles
when relative humidity
is less than 70%
60 ug/m3 high volume
sampling
100 ug/m high volume
1 hour
12 hours
1 hour
1 hour
24 hours
1 observa-
tion
24 hour
samples,
annual
geometric
mean
24 hour
sample
Eye Irritation
2-2 1/2* COH6
2-2 1/2% COH6
a. Approximate odor
threshold.
b. Possible alteration
In lung function.
With participate matter,
0.05 ppm long term
average may be associated
with respiratory Irritation
Visibility impairment on
days when relative humid-
ity Is less than VOX
Long continued exposure may
be associated with Increase
In chronic respiratory
disease.
Exposure with S02 may pro-
duce acute Illness.
This level 1s below that associated
with aggravation of respiratory
diseases.
This level Is below those associated
with Impairment In time discrimination,
visual function and psychomotor
performance.
Alteration In lung function was found
at this level In only one study.
Other studies reported higher concen-
trations to cause this effect.
This standard applies to suspended
partlculate nutter In general. It Is
not Intended to be a standard for
toxic particles such as asbestos, lead
or beryllium. Because size distribu-
tion Influences the effect of partlcu-
late matter on health, the standard
will be reevaluated as data on health
effects related to size distribution
become available.
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Substance
Lead
(participate)
Hydrogen
Sulflde
N1 trogen
Dioxide
Concentration
and
Methods*
1.5 ug/m3 high volume
sarapl ing
0.03 ppm, cadmium
hydroxide STRactan
Method
0.25 ppm, Saltzman
Duration
of
Averaging
Periods
30 day
average
1 hour
1 hour
Most Relevant Effects
Possible inhibition of
d-ALA dehydrate which
is used in heme synthesis
Exceeds the odor threshold
a. At slightly higher
dosage, effects are
observed in experiment-
al animals, which Imply
a risk to the public
health.
b. Produces atmospheric
discoloration
Comments
With exposure to 2 ug/m3 or above
as a 30 day average, increased
storage of lead will produce
detectable metabolic effects.
ro
i
*Any equivalent procedure which can be shown to the satisfaction of the Air Resources Board to give
equivalent results at or near the level of the air quality standard may be used.
**Preva1Hng visibility is defined as the greatest visibility which Is attained or surpassed around
at least half of the horizon circle, but not necessarily in continuous sectors.
***Corrected for nitrogen dioxide.
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