U.S. DEPARTMENT  OF COMMERCE
                                  National Technical Information Service
                                  PB-296 672
Air Pollution Regulations  in
State  Implementation Plans
California,  Lassen  County

Abcor,  Inc, Wilmington, MA  Walden  Div
Prepared for

Environmental Protection  Agency,  Research Triangle  Park,  NC  Control
Programs Development Div
Aug 78

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vyEFA
                                         296672
             United States
             Environmental Protection
             Agency
            Office of Air Quality
            Planning and Standards
            Research Triangle Park NC 27711
EPA-450/3-78-054-15
August 1978
             Air
Air Pollution Regulations
in  State Implementation
Plans:
California
Lassen  County
                   REPRODUCED BY
                   NATIONAL TECHNICAL j

                 f  INFORMATION SERVICE '
                 1   U. S. DEPARTMENT OF COMMERCE
                 !    SPRINGFIELD, VA. 22161    •

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                                   TECHNICAL REPORT DATA
                            (Please read Instructions on the reverse before completing)
1. REPORT NO.
  EPA-450/3-78-054-15
                             2.
 . TITLE AND SUBTITLE
 Air Pollution  Regulations in State  Implementation i
 Plans: California   Lassen County
                                                           3. RECIPIENT'S ACCE
             6. REPORT DATE
               August 1978
                                    _
                                    2;
             6. PERFORMING ORGANIZATION CODE
7. AUTHOR(S)
                                                           8. PERFORMING ORGANIZATION REPORT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
  Walden Division of Abcor,  Inc.
  Wilmington, Mass.
                                                           10. PROGRAM ELEMENT NO.
             11. CONTRACT/GRANT NO.
                                                             68-02-2890
12. SPONSORING AGENCY NAME AND ADDRESS
                                                           13. TYPE OF REPORT AND PERIOD COVERED
  Control Programs Development Division
  Office of Air Quality  Planning and Standards
  Office of Air, Noise,  and Radiation
  Research Triangle  Park,  NC 27711	
             14. SPONSORING AGENCY CODE
15. SUPPLEMENTARY NOTES
  EPA Project Officer:   Bob Schell, Control Programs  Development Division
16. ABSTRACT
  This document has been  produced in compliance with  Section 110(h)(l) of  the  Clean Air
  Act amendments of T977.   The Federally enforceable  regulations contained in  the State
  Implementation Plans  (SIPs) have been compiled  for  all  56 States and territories
  (with the exception of  the Northern Mariana  Islands).   They consist of both  the
  Federally approved State and/or local air quality regulations as indicated in  the
  Federal Register and  the Federally promulgated  regulations for the State, as
  indicated in the Federal Register. Regulations  which fall into one of the above
  categories as of January 1, 1978, have been  incorporated.  As mandated by Congress,
  this document will be updated annually.  State  and/or local air Quality  regulations
  which have not been Federally approved as of January 1, 19789 are not included here;
  omission of these regulations from this document  in no way affects the ability of
  the respective Federal,  State, or local agencies  to enforce such regulations.
 7.
                                KEY WORDS AND DOCUMENT ANALYSIS
                  DESCRIPTORS
b.lDENTIFIERS/OPEN ENDED TERMS  C. COSATI Field/Group
  Air pollution
  Federal Regulations
  Pollution
  State Implementation  Plans
18. DISTRIBUTION STATEMENT

  RELEASE UNLIMITED
19. SECURITY CLASS (ThisReport)

   Unclassified	
                                                                         21.
                                              20. SECURITY CLASS (Thispage)

                                                Unclassified	
                                                                         22. PRICE
EPA Form 2220-1 (9-73)

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                              EPA-450/3-78-054-15
    Air Pollution  Regulations
in  State implementation Plans:
                 *            ,
                  California
             !  Lassen 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
             t
                     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-450/3-78-054-15
                                   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 Congress, this document will be updated annually.  State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.

     There have been recent changes in the Federal 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-
latfr matter process weight (50.1.1), or copper smelters (51.15).  Federal
regulations pertaining to a given State immediately follow the approved
State and local regulations.

     Additionally, a summary sheet of the information included in each
comprehensive document is presented prior to the regulatory text to
allow one to quickly assess the contents of the document.  Specifically,
the summary sheets contain the date of submittal to EPA of each revision
                                  iii

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to the SIP and the date of the Federal Register in which the revision
was either approved or disapproved by 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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TABLE OF CONTENTS
LASSEN COUNTY REGULATIONS
Revised Standard
Subject Index
(2.0)
(1.0)
(2.0)
(15.0)
(.15.0)
(2.0)
(3.0)
(3:0)
(3.0)
(2.0)
(3.0)
(3.0)
(3.0)
(9.0)
(3.0)
(2.0)
(3.0)
(2.0)
Rule Number
1:1
1:2
1:3
1:4
1:5
1:6
2:0
2:1
2:2
2:3
2:4
2:5
2:6
2:7
2:8
2:9
2:10
2:11
Title
Title
Definitions
Air Pollution Data
Enforcement
Order for Abatement
General Provisions
Permits Required
Sources Not Requiring
Permits
Time to Obtain permit
to Operate
Transfer
Applications
Cancellation of
Applications
Action on Applications
Provision of Sampling
and Testing Facilities
Standards for Granting
Applications
Conditional Approval
Denial of Application
Further Information
Page Number
1
1
3
3
4
4
4
5
7
7
7
7
8
8
8
9
9
10

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Revised Standard
Subject Index        Rule Number       Title             Page Number
(3.0)                   2:12       Applications  Deemed       10
                                   Denied
(2.0)                   2:13       Appeals                   10
(16.0)                  3:1         Hearing  Board Fees        10
(3.0)  ,                 3:2         Permit Fees               10
(3.0)                   3:3         Permit Fee Schedules      13
(2.0)                   3:4         Analysis Fees            17
(13.0)                  3:5         Technical Reports,        17
                                   Charges  For:
(50.1.2)                4:0         Ringelmann Chart          17
(50.1.2)                4:1         Wet Plumes                18
(50.7)                  4:2         Nuisance                 18
(50.1)                  4:3         Particulate Matter        18
(50.0)                  4:4         Specific Air              18
                                   Comtaminants
(2.0)                   4:5         Exceptions                18
(2.0)                   4:6         Additional Exception      19
(15.13)                 4:7         Open Burning              19
(2.0)                   4:8         Exceptions                19
(2.0)                   4:9             -                    21
(50.2)                  4:10       Sulfur Contents of  Fuels  21
(50.1.1)                4:11       Solid Particulate Matter  22
                                   - Weight
(2.0)                   4:12       Separation of Emissions   23
(2.0)                   4:13       Combination of Emissions  23
                                     VI

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Revised Standard
Subject Index        Rule Number       Title             Page  Number
(51.1)                  4:14       Orchard and Citrus        23
                                   Heaters
(51.16)                 4:15       Gasoline Storage         23
(2.0)                   4:16       Circumvention            23
(51.9)                  4:17       Reduction of Odorous     24
                                   Matter
(2.0)                   5:1        Applicable Articles of   25
                                   the Health and Safety
                                   Code
(2.0)                   5:2        General                  25
(2.0)                   5:3        Filing Petitions         25
(2.0)                   5:4        Contents of Petitions     25
(5.0)          _       5:5        Petitions for Variances   26
(2.0)                   5:6        Failure to Comply with    27
                                   Rules
(2.0)                   5:7        Answers                   27
(2.0)                   5:8        Dismissal of Petition     27
(16.0)                  5:9        Place of Hearing          27
(16.0)                  5:10       Notice of Hearing         27
(2.0)                   5:11       Evidence                  27
(13.0)                  5:12       Record of Proceedings     28
(2.0)                   5:13       Preliminary Matters       28
(2.0)                   5:14       Official Notice           29
(2.0)                   5:15       Continuances              29
(16.0)                  5:16       Hearing and Decision      29
(2.0)                   5:17       Effective Date of         29
                                   Decision
                                     .  vii.

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Revised Standard
Subject Index        Rule Number       Title             Page Number
(51.13)                  -         Notification of Burning   30
                                   Conditions
(1.0)                    -         Definitions               31
(2.0)                    -         Prohibitions              32
(2.0)                    -         Exceptions                34
(15.0)                   -         Enforcement               35
                                     viii

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                           SUMMARY SHEET

                                 OF

                  EPA-APPROVED REGULATION CHANGES

                        LASSEN COUNTY (APCD)
Submittal  Data

  6/30/72
  7/25/73
Approval Date

  9/22/72



  8/22/77
Description

All Regs Approved
Unless Otherwise
Specified

Appendix A (Implemen-
tation Plan For
Agricultural Burning)
Appendix B (Enforcement)
                                    ix

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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

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       50.2   SULFUR COMPOUNDS
       50.3   NITRIC OXIDES
       50.4   HYDROCARBONS
       50.5   CARBON MONOXIDE
       50.6   ODOROUS POLLUTANTS
       50.7   OTHERS (Pb, Hg, etc.)
51.0   SOURCE CATEGORY SPECIFIC REGULATIONS
       51.1   AGRICULTURAL PROCESSES (includes Grain Handling, Orchard Heaters,
              R1ce and Soybean Facilities, Related Topics)
       51.2   COAL OPERATIONS (includes Cleaning, Preparation, Coal  Refuse
              Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
       51.3   CONSTRUCTION (includes Cement Plants, Materials Handling, Topics
              Related to Construction Industry)
       51.4   FERROUS FOUNDRIES (includes Blast Furnaces, Related Topics)
       51.5   FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Particulates
              (includes Fuel  Content and Other Related Topics)
       51.6   FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (includes
              Fuel Content and Other Related Topics)
       51.7   FUEL BURNING EQUIPMENT (oil, natural gas, coal) - N02 (includes
              Fuel Content and Other Related Topics)
       51.8   HOT MIX ASPHALT PLANTS
       51.9   INCINERATION
       51.10  NITRIC ACID PLANTS
       51.11  NON-FERROUS SMELTERS (Zn, Cu, etc.) - Sulfur Dioxide
       51.12  NUCLEAR ENERGY FACILITIES (includes Related Topic)
       51.13  OPEN BURNING (Includes Forest Management, Forest Fire, Fire
              Fighting Practice, Agricultural Burning and Related Topics)
       51.14  PAPER PULP; WOOD PULP AND KRAFT MILLS (Includes Related Topics)
       51.15  PETROLEUM REFINERIES
       51.16  PETROLEUM STORAGE (includes Loading, Unloading, Handling and
              Related Topics)
       51.17  SECONDARY METAL OPERATIONS  (includes Aluminum, Steel and Related
              Topics)
       51.18  SULFURIC ACID PLANTS
       51.19  SULFURIC RECOVERY OPERATIONS
       51.20  WOOD WASTE BURNERS
       51.21  MISCELLANEOUS TOPICS
                                            xi

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                           REGULATION  I  -  GENERAL PROVISIONS

(2.0)    RULE 1:1  -  Title.

             These  rules and  regulations shall be known as the Rules and Regu-
             lations  of the Lassen  County  Air Pollution Control District.

(1.0)    RULE 1:2  -  Definitions.

             Except as  otherwise  specifically provided in these rules and,
             except where  the context  otherwise  indicates, words used in these
             rules  are  used in exactly the same  sense as the same words are used
             in the.Health and Safety  Code.

             a.  Agriculture  Burning.  "Agricultural Burning"  means open out-
                 door fires used  in agricultural operations in the growing of
                 crops  or  raising of fowls or animals, forest management or
                 range  improvement.

             b.  Air  Contaminant.  "Air  Contaminant" includes smoke, charred
                 paper, dust, soot,  grime, carbon,  aerosols, noxious acids,
                 fumes, gases, odors,  or particulate matter, or any combination
                 thereof.

             c.  Atmosphere.   "Atmosphere" means the air that  envelops or
                 surrounds the earth.

             d.  Board.  "Board"  means the Air Pollution Control Board of the
                 Lassen County Air  Pollution Control District, which is the
                 Board  of  Supervisors.

             e.  Combustible  Waste.  "Combustible Waste" is any solid or liquid
                 combustible  waste  material containing carbon in a free or com-
                 bined  state.

             f.  Combustion Contaminants.   "Combustion Contaminants"  are par-
                 ticulate  matter  discharged into the atmosphere from the burning
                 of any kind  of material containing carbon in a free or combined
                 state.

             g.  Control Officer.  "Control Officer" means the Air Pollution
                 Control Officer  of the  Lassen County Air Pollution Control
                 District.

             h.  District. "District" is  the Lassen County Air Pollution Con-
                 trol District.

             1.  Hearing Board.   "Hearing  Board" means the Hearing Board of the
                 Lassen County Air  Pollution Control District.
                                             -1-

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j.  Incinerator.  "Incinerator" means any furnace  or similar
    enclosed fire chamber, with or without draft control,  used  for
    burning refuse or other waste material.

k.  Institutional Facility.   "Institutional  Facility"  means anv
    hospital, boarding home, school, corporation yard,  or  like
    facility.

1.  Multiple Chamber Incinerator.  "Multiple  Chamber Incinerator"
    is any article,-machine, equipment, contrivance, structure.or
    any part of a structure used to dispose of combustible ,refuse
    by burning, consisting of three or more refractory  lined
    chambers in series, physically separated  by refractory walls,
    "interconnected by gas passage ports or ducts,  and employing
    adequate design parameters necessary for  maximum combustion of
    the material to be burned.  The refractories shall  have  a
    pyrometric cone equivalent of at least 17, tested according to
    the method described in the American Society for Testing
    Materials, method C-24.

m.  Open Outdoor Fire.  "Open Outdoor Fire" as used in  this  regu-
    lation means complete or partial burning  or smoldering of any
    combustible refuse or other material of any type directly ex-
    posed to the atmosphere, whether or not enclosed in a  fire
    proof container, where the products of combustion are  not
    channeled through a flue.

n.  Particulate Matter.   "Particulate Matter" is  any material
    except uncombined water, which exists in  a finely divided
    form as a liquid or solid at standard conditions.

o.  Person.  "Person" means any person, firm  association,  organ-
    ization, partnership, business trust, corporation,  company,
    contractor, supplier, installer, user or  owner, or  any state or
    local governmental agency or public district or any officer or
    employee thereof.

p.  Process Weight Rate.  "Process weight rate" is the  total
    weight, including contained moisture, of all materials intro-
    duced into any specific process which may cause the emission
    of any pollutants into the atmosphere.  Solid  fuels will be
    considered to be part of the process weight, but liquid  and
    gaseous fuels and combustion air will not.  The process  weight
    rate will be derived by dividing the total process  weight by
    the number of hours in one-complete operation  from the begin-
    ning of any given process to the completion thereof, excluding
    any time during which the equipment is idle.
                                 -2-

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             q.   Regulation.   "Regulation" means one of the major sub-divisions
                 of  Rules of  the Lassen County Air Pollution Control District.

             r.   Residential  Rubbish.  "Residential Rubbish" means refuse
                 originating  fromresidential uses and includes wood, paper,
                 cloth,  cardboard, tree trimmings, leaves, lawn clippings, and
                 dry plants.

             s.   Rule.   "Rule" means a rule of the Lassen County Air Pollution
                 Control District.

             t.   Section.   "Section" means section of the Health and Safety Code
                 of  the  State of California unless some other statute is
                 specifically mentioned.

             u.   Standard Conditions.  As used in these regulations, "Standard
                 Conditions"  are a gas temperature of 60 degrees Fahrenheit and
                 a gas pressure of 14.7 pounds per square inch absolute.
                 Results of all analyses and  tests shall be calculated and re-
                 ported  at  this gas temperature  and pressure.

             v.   Variance.     "Variance" means an authorization by the Hearing
                 Board to permit some act contrary to the requirements specified
                 by  these rules and regulations.

             w.   Shall and  May.  When used in these Rules and Regulations,
                 "Shall" is mandatory, "May"  is  permissive.

(2.0)   RULE 1:3 - Air Pollution Data.

             a.   All information, analyses, plans, or specifications that dis-
             close the nature, extent, quantity, or degree of air contaminants
             which any article, machine, equipment, or other contrivance will
             produce, which any air pollution control district requires any ap-
             plicant to  provide before such applicant builds, erects, alters,
             replaces, operates, sells, rents, or uses such article, machine,
             equipment,  or  other contrivance, are public records.

             b.   All air monitoring data, including data compiled from stationery
             sources, are public record.

(15.0)  RULE 1:4 - Enforcement.

             These rules and  regulations shall be enforced by the Control
             Officer pursuant to all  applicable  law.  The pursuit of any such
             remedy  shall not be deemed an election of remedies.  All available
             remedies may be  pursued  individually, collectively concurrently,
             or consecutively, at the option  of  the Control Officer.
                                             -3-

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(15.0)    RULE 1:5 -  Order for Abatement.

              The Air Pollution  Control Board  can  forthwith on the petition of
              the Control Officer,  and may,  by resolution, upon  the petition of
              any other interested  person, notice  a  hearing to determine the
              existence of any alleged violation of  any  statute, rule,  or  regula-
              tion prohibiting or limiting the discharge of air  contaminants
              into the atmosphere.   Notice of  such hearing shall  be served, and
              shall  include the  nature of the  alleged  violation,  the time  and
              place  of the hearing  and shall inform  the alleged  violator that he
              has the right to counsel at the  proceeding, the right to  compel the
              attendances of the witnesses on  his  behalf, the right to  cross-
              examine witnesses, and the  right to  procure a court reporter to
              record and/or transcribe the proceedings,all at his own expense.
              All such petitions shall be acted upon by the Hearing Board  within
              thirty (30) days of receipt of same.  Hearing shall be set no
              sooner than thirty (30) days and no  later than sixty (60) days from
              the service of such notice.  Whenever,  the Hearing Board finds any
              person is in violation of any  such statute, rule or regulation, the
              Air Pollution Control  Board may  issue  its order of abatement.

 (2.0)    RULE 1:6 -  General Provisions.

              These  Rules and Regulations shall become effective on October 1,
              1971.   Future amendments to these Rules  and Regulations shall take
              effect on the dates specified  therein  or as specified in  the order
              by which they are  adopted.
                                     REGULATION  II  -  PERMITS

 (3.0)    RULE 2:0 -  Permits  Required.

              a.   Authority  to  Construct.  Any  person  building, erecting, alter-
                  ing or replacing any article,  machine, equipment  or  other
                  contrivance,  the use of  which  may cause  the issuance of  air
                  contaminants  or the use  of which  may  eliminate  or reduce or
                  control  the issuance of  air  contaminants, shall first obtain
                  authorization for such construction from the the  Air Pollution
                  Control  Officer.  An authority to construct shall  remain in
                  effect until  the permit  to operate  the equipment  for which the
                  application was filed is granted  or denied or the application
                  is cancelled.

              b.   Permit to  Operate.   Before any article,  machine,  equipment or
                  other contrivance described  in Rule 2:0  (a) may be operated or
                  used, a written permit shall be obtained from the Air Pollution
                                              -4-

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                 Control Officer.  No permit to operate or use shall be granted
                 either by the Air Pollution Control Officer or the Hearing
                 Board  for any in Rule 2:0  (a), constructed or installed with
                 authorization as required  by Rule 2:0 (a), until the informa-
                 tion required is presented to the Air Pollution Control Officer
                 and such article, machine, equipment or contrivance is altered,
                 if necessary, and made to  conform to the standards set forth in
                 Rule 2:8 and elsewhere in  these Rules and Regulations.
       i
       ,      c.   Posting of  Permit to Operate.  A person who has been granted
                 under  Rule  2:0  a Permit  to Operate any article, machine, equip-
                 ment,  or other  contrivance described in Rule 2:0 (b), shall
                 firmly affix such Permit to Operate, an approved facsimile, or
                 other  approved  identification bearing the permit number upon
                 the article, machine, equipment, or other contrivance in such
                 a manner as to  be clearly  visible and accessible.  In the event
                 that the article, machine, equipment, or other contrivance is
                 so constructed  or operated that the Permit to Operate cannot
                 be so  placed, the Permit to Operate shall be mounted so as to
                 be clearly  visible  in an accessible place within 25 feet of
                 the article, machine, equipment or other contrivance, or main-
                 tained readily  available at all times on the operating
                 premises.

             d.   Alteration  of Permit.  A person shall not  willfully  deface,
                 alter, forge, counterfeit, or falsify a Permit to Operate
                 posted on any article, machine, equipment, or other contrivance.
                 Violation of Rule 2:0  (e)  is a misdemeanor pursuant to the
                 provisions  of Section 24281 of the Health and Safety Code of
                 the State of California.

             e.   A Permit to Operate shall  be obtained by existing industries
                 within ninety  (90)  days  of adoption of these Rules and
                 Regulations.

(3.0)    RULE 2:1  - Sources Not Requiring  Permits.

                 An Authority  to Construct or a Permit to Operate shall not be
                 required for  the sources hereinafter set out, provided; how-
                 ever,  said  sources  shall comply with all other applicable
                 District Rules  and  Regulations.

             a.   Vehicles as defined by the Vehicle Code of the State of
                 California  but  not  including any article, machine, equipment,
                 or other contrivance mounted on such vehicle that would other-
                 wise  require  a  permit  under the provisions of these Rules and
                 Regulations.

             b.   Vehicles used to transport passengers or freight.
                                             -5-

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c.  Equipment utilized, exclusively in connection  with  any
    structure which is designed for and used exclusively  as  a
    dwelling for not more than four (4) families.

d.  The following equipment:

     1. Comfort air conditioning or comfort ventilating systems
        which are not designed to remove air contaminants gener-
        ated by or released from specific units  or equipment.

     2. Refrigeration units except those used as,  or in conjunction
        with air pollution control equipment.

     3.  Piston type internal  combustion engines.

     4.  Equipment used exclusively for steam cleaning.

     5.  Presses used exclusively for extruding  metals, minerals,
         plastics, or wood.

     6.  Equipment used exclusively for space heating other  than
         boilers.

     7.  All sheet-fed printing presses and all  other printing
         presses without dryers.

     8.  Ovens used exclusively for the curing of  plastics which
         are concurrently being vacuum held to a mold or  for the
         softening or annealing of plastics.

     9.  Batch mixers of five cubic feet rated working  capacity or
         less.

    10.  Ovens used exclusively for the curing of  vinyl plastisols
         by the closed mold curing process.

    11.  Brazing, soldering or welding equipment.

    12.  Laundry and dry cleaning equipment used for cleaning
         fabrics.

    13.  Ovens used exclusively for curing potting materials or
         castings made with epoxy resins.

    14.  Equipment used for compression molding  and injection
         molding of plastics.
                               -6-

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(3.0)    RULE 2:2 - Time to Obtain  Permit  to  Operate.
(2.0)    RULE 2:3 - Transfer.
              An Authority to Construct or a Permit to Operate shall not be
              transferable, whether by operation of law or otherwise, either
              from one location to another, from one piece of equipment to
              another, or from one person to another.

(3.0)    RULE 2:4 - Applications.

              Every application for an Authority to Construct or a Permit to
              Operate as required under Rule 2:0 shall be filed in the manner
              and form prescribed by the Air Pollution Control Officer, and
              shall give all the information necessary to enable the Air
              Pollution Control Officer to make the determination required by
              Rule 2:8 hereof.

'(3.0)    RULE 2:5 - Cancellation of Applications.

              a.  An Authority to Construct shall expire and the application
                  shall be canceled two (2) years from the date of issuance
                  of the Authority to Construct.

              b.  An .application for Permit to Operate existing equipment
                  shall be canceled two (2) years from the date of filing
                  of the application.
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(3.0)     RULE  2:6  -  Action  on Applications.

              The  Air Pollution  Control Officer shall act, within a reason-
              able time,  on an application for Authority to Construct, or
              Permit to Operate  and shall notify the applicant in writing
              of his approval, conditional approval or denial.

(9.0)     RULE  2:7  -  Provision of Sampling and Testing Facilities.

              A person operating or using any article, machine, equipment or
              other  contrivance  for which these rules require a permit shall
              provide and maintain such sampling and testing facilities as
              specified in  the Authority to Construct or Permit to Operate.

(3.0)     RULE  2:8  -  Standards for Granting Applications.

              a.   The Air Pollution Control Officer shall deny an Authority
                  to Construct,  or Permit to Operate except as provided in
                  Rule 2:9, if the applicant does not show that every article,
                  machine,  equipment or other contrivance, the use of which
                  may cause the  issuance of air contaminants, or the use of
                  which may eliminate  or reduce or control the issuance of
                  air contaminants, is so designed, controlled, or equipped
                  with such air  pollution control equipment, that it may be
                  expected  to operate  without emitting or without causing to
                  be emitted air contaminants in violation of Section 24242
                  or 24243, Health and Safety Code, or of these Rules and
                  Regulations.

              b.   Before  an Authority  to Contruct or a Permit to Operate is
                  granted,  the Air Pollution Control Officer may require the
                  applicant to provide and maintain such facilities as are
                  necessary for  sampling and testing purposes in order to
                  secure  information that will disclose the nature, extent,
                  quantity  or degree of air contaminants discharged into the
                  atmosphere from the  article, machine, equipment or other
                  contrivance described in the Authority to Construct or
                  Permit  to Operate.   In the event of such a requirement, the
                  Air Pollution  Control Officer shall notify the applicant in
                'writing of the required size, number and location of sampl-
                  ing holes; the size  and location of the sampling platform;
                  the access to  the sampling platform; and the utilities for
                  operating the  sampling and testing equipment.
                                              -8-

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                  The platform and access  shall  be  constructed  in
                  accordance with the General  Industry  Safety Order
                  of the State of California.

              c.   In acting upon a Permit  to Operate, if the Air Pollution
                  Control Officer finds  that the articles, machine,  equip-
                  ment or other contrivance has  been constructed not in
                  accordance with the Authority  to  Construct, he shall deny
                  the Permit to Operate.   The Air Pollution Control  Officer
                  shall not accept any further application for  Permit to
                  Operate the article, machine,  equipment or other contri-
                  vance so constructed until he  finds that the  article,
                  machine, equipment or other contrivance has been recon-
                  structed in accordance with the Authority to  Construct.

              d.   The granting of a permit does  not exempt the  holder from
                  present and future regulations of the Air Pollution Con-
                  trol District.

(2.0)    RULE 2:9 - Conditional Approval.

              a.   The Air Pollution Control Officer may issue an Authority
                  to Construct or a Permit to Operate,  subject  to conditions
- - -  .            which will bring the operation of any article, machine;—
                  equipment or other contrivance within the standards of
                  Rule 2:3 in which case the conditions so specified. The
                  Air Pollution Control  Officer  shall  issue an  Authority to
                  Construct or a Permit to Operate  with revised conditions
                  upon receipt of a new application,   if the applicant demon-
                  strates that the article, machine,  equipment  or other
                  contrivance can operate  within the  standards  of Rule 2:8
                  under the revised conditions.

(3.0)    RULE 2:10 - Denial of Application.

              In the event of denial of an Authority  to Construct or Permit
              to Operate the Air Pollution Control  Officer shall  notify
              the applicatnt in writing of the reasosns therefor.   Service
              of the notification may be made in person or by mail,  and
              such service may be' proved by the  written acknowledgment of
              the persons served or affidavit of the  person making  the ser-
              vice.  The Air Pollution Control Officer shall  not accept  a
              further application unless the applicant has complied  with
              the objections specified by the Air Pollution Control  Officer
              as his reasons for denial of the Authority to Construct, or
              the Permit to Operate.
                                              -9-

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(2.0)   RULE 2;11  -'Further'Information.

             Before acting on an application  for Authority  to  Construct or
             Permit to Operate the Air Pollution Control  Officer may  require
             the  applicant to furnish further information  or  further plans
             or specifications.

(3.0)   RULE 2;12  - Applications Deemed Denied.

             The applicant may at his option  deem the Authority to  Construct  or
             the Permit to Operate denied if  the Air Pollution Control Officer
             fails to act on the application  within  thirty  (30) days  after
             filing, or within thirty (30)  days  after applicant furnishes the
             further information, plans and specifications  requested  by the Air
             Pollution Control Officer, whichever is later.

(2.0)   RULE 2:13  - Appeals.

             Within ten (10)  days after notice,  by the Air  Pollution   Control
             Officer, of denial  or conditional  approval  of  an  Authority to
             Construct or a Permit to Operate the applicant may petition the
             Hearing Board, in writing, for a public hearing.   The  Hearing
             Board, after notice and a public hearing held  within  (30) days after
             filing the petition, may sustain, reverse or modify the  action of
             the Air Pollution Control Officer;  such order  may be made subject
             to specified conditions.
                                   REGULATION  III  - FEES
(16.0)  RULE 3:1  - Hearing Board Fees.
                 Every applicant or petitioner for a variance or for the
                 extension, revocation or modification of a variance, except
                 any state or local governmental  agency or public district,  shall
                 pay to the Clerk of the Hearing  Board, on filing a non-refund-
                 able fee of $40.00 as adopted by the Air Pollution Control
                 Board.  Such fees shall be determined pursuant to Section 24293
                 of the Health and Safety Code.
 (3.0)   RULE 3:2 - Permit Fees.
             a.   Filing Fee.  Every applicant,  except any state or local  govern-
                 mental agency or public district,  for an Authority to Construct
                                              -10-

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    or a Permit to Operate any article,  machine,  equipment or other
    contrivance, for which an Authority  to Construct or a Permit to
    Operate is required by (the State law or)  the Rules and Regula-
    tions of the Air Pollution Control District,  shall  pay a filing
    fee of $20.00.  Where an application is filed for a Permit to
    Operate any article, machine, equipment or other contrivance by
    reason  of transfer from one person  to another,  and where a
    Permit to Operate  had previously been granted under Rule 2:0
    and no alteration, addition or transfer of location has been
    made, the applicant shall pay only a $10.00 filing fee.

b.  Permit Fee.  Every  applicant, except any state or local govern-
    mental agency or public district, for a Permit to Operate, who
    files application with the Air Pollution Control Officer, shall
    in addition to the filing fee prescribed herein, pay the fee
    for the issuance of a Permit to Operate in the amount prescribed
    in the following schedules, provided, however, that the filing
    fee shall be applied to the fee prescribed for the issuance of
    the Permit to Operate.

c.  Cancellation or Denial.  If an application for an Authority to
    Construct or a Permit to Operate is  cancelled, or if an
    Authority to Construct or a Permit to Operate is denied and such
    denial becomes final, the filing fee required herein shall not
    be refunded nor applied to any subsequent application.

d.  Transfer of Location or Owner. Where an application is filed for
    for a Permit to Operate any article, machine, equipment or other
    contrivance by reason of transfer of location or transfer from
    one person to another, or both, and  where a Permit to Operate
    had previously been granted for such equipment under Rule 2:0
    and an alteration or addition has been made, the applicant shall
    be assessed a fee based upon the increase in total horsepower
    rating, the increase in total fuel consumption expressed in
    thousands of British Thermal Units (BTU) per hour, the increase
    in total electrical energy rating, the Increase in maximum
    horizontal inside cross sectional area or the increase in total
    stationary container  capacity resulting from such alterations
    or additions, as described in the fee schedules contained herein.
    Where the application is for transfer of location and no al-
    teration or addition has been made,  the applicant shall pay
    only the amount of the filing fee required herein.  The annual
    renewal fee at the new location shall be the same as if there
    had been no change in location and the anniversary date for
    payment of the renewal fee will remain unchanged.
                                -11-

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e.  Alteration of Equipment.  Where an application is filed for an
    Authority to Construct or a Permit to Operate exclusively in-
    volving revisions to the conditions of an existing Permit to
    Operate or involving alterations or additions resulting in a
    change to any existing article, machine, equipment or other
    contrivance holding a; permit under the provisions of Rule 2:0
    of these Rules and Regulations, the applicant shall be assessed
    a fee based upon the increase in total horsepower rating, the
    increase in total fuel consumption expressed in thousands Of
    British Thermal Units (BTU) per hour, the increase in total
    electrical energy rating, the increase in maximum horizontal
    inside cross sectional area or the increase in total stationery
    container capacity resulting from such alterations or additions,
    as described in the fee schedules contained herein.  Where
    there is no change or is a decrease in such rating, the
    applicant shall pay only the amount of the filing fee required
    herein.

f.  Permit Fee Penalty.  When the permit is issued, it shall be
    accompanied by a statement of the fee to be paid therefore.  If
    the fee is not paid within thirty (30) days after the permit
    is issued, the fee shall be increased by one-half the amount
    thereof and the Air Pollution Control Officer shall thereupon
    promptly notify the applicant of the increased fee by mail.
    Nonpayment of the increased fee within sixty (60) days after the
    permit is issued shall result in the automatic cancellation of
    the application and the permit shall be void.

g.  Permit Granted by Hearing Board. In the event that a Permit to
    Operate is granted by the Hearing Board after denial by the Air
    Pollution Control Officer or after the applicant deems his
    application denied, the applicant shall pay the fee prescribed
    in the. following schedules within thirty (30) days after the
    date of the decision of the Hearing Board.  Nonpayment of the
    fee within this period of time  shall result in automatic cancel-
    lation of the permit and the application.

h.  Multiple Locations.  When permits have been issued to operate
    movable equipment at two or more locations, only one annual
    renewal fee will be charged.  The anniversary date on which the
    annual renewal fee will be due will be that noted on the origin-
    al permit.

i.  Annual Renewal Fee.  Annually on the anniversary of the issu-
    ance of a Permit to Operate granted under Rule 2:0, the
    permittee shall pay a renewal fee amounting to one-fourth of the
    initial permit fee under current fee schedules.  The holder of
                                 -12-

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                 permits wfth more than  one  anniversary date may adjust annual
                 renewal payments  to  a single  anniversary  date  by prorating
                 renewal fee(s)  as necessary.   If  the  renewal fee is not paid
                 within thirty (30) days after it  becomes  due,  the fee shall be
                 increased by one-half the amount  thereof,  and  the Air Pollution
                 Control Officer shall thereupon promptly  notify the permittee
                 by mail of the  increased fee.  If the increased fee is not paid
                 within thirty (30) days after such notice, the permit shall be
                 automatically revoked and the Air Pollution Control Officer
                 shall  so notify the  permittee by  mail.

             j.   Duplicate Permit. A request  for  a duplicate permit to operate
                 shall  be made in  writing to the Air Pollution  Control Officer
                 within ten (10) days after  the destruction, loss or defacement
                 of a Permit to  Operate  and  shall  contain  the reason a duplicate
                 permit is being requested.  A fee of  $5.00 shall be paid  except
                 by any state or local governmental agency or public district,
                 for issuing a duplicate Permit to Operate.

(3.0)   RULE 3;3 - Permit Fee Schedules.

             It is hereby determined  that the  cost of  issuing permits, and of
             inspections pertaining to such  issuance exceeds the fees prescribed
             herein.  In determining  the fees  to be charged, the applicable
             equipment within each process that requires a permit will be  totaled
             for each schedule.  In the  event  that more than one fee schedule is
             applicable to a Permit to Operate, the governing schedule shall be
             that which results  in the higher  fee.


                                        SCHEDULE 1

                           ELECTRIC MOTOR HORSEPOWER SCHEDULE

             Any article, machine, equipment,  or other contrivance, which  may
             cause the emission of air contaminants as defined  in Rule  1:2 of the
             Rules and Regulations, where an electric  motor is  used as the power
             supply shall be assessed a  permit fee based on the total  rated motor
             horsepower of all such electric motors included  in any such
             article, machine, equipment or  other  contrivance,  in accordance
             with the following  schedule:

             HORSEPOWER                                            FEE

             up to and including 5	$  5.00
             greater than 5 but less  than 15	   10.00

             15 or greater but less than 30	  20.00
                                             -13-

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30 or greater but less than 45	— $   30.00

45 or greater but less than 65	   50.00

65 or greater but less than 125	   75.00

125 or greater but less than 200	100.00
200 or greater		125.00


                        SCHEDULE 2

            FUEL BURNING EQUIPMENT SCHEDULE

Any article, machine, equipment or other contrivance  which may
cause the issuance of air contaminants as defined  in  Rule 1:2
of the Rules and Regulations, in which fuel is  burned with the
exception of incinerators which are covered in  Schedule  4, shall
be assessed a permit fee based upon the design  fuel consumption
of the article, machine, equipment or other contrivance  express-
ed in thousands of British Thermal Units (BTU)  per hour, using
gross heating values of the fuel, in accordance with  the
following schedule:


1000 BRITISH THERMAL UNITS PER HOUR                  FEE

up to and including 150	$   5.00

greater than 150 but less than 500	   10.00

500 or greater but less than 1,500			—  20.00

1,500 or greater but less than 5,000	—-  30.00

5,000 or greater but less than 15,000—	50.00

15,000 or greater but less than 50,000		75.00
50,000 or greater but less that 150,000	-—100.00
150,000 or greater but less than 500,000—		125.00

500,000 or greater—	-	—	150.00
                                -14-

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                             SCHEDULE 3

                     ELECTRICAL ENERGY SCHEDULE
Any article, machine, equipment or other contrivance,  which may
cause the issuance of air contaminants as defined in Rule 1:2 of
the Rules and Regulations, which uses electrical  energy,  with the
exception of electric motors covered, in Schedule  1,  shall be
assesed a permit fee based on the total kilovolt  ampere (KVA)
ratings, in accordance with the following schedule:
KILOVOLT AMPERES                                    FEE

up to and including 45	$  5.00

greater than 45 but less than 145	:	  10.00

145 or greater but less than 450	  20.00

450 or greater but less than 1,450	  30.00

1,450 or greater but less than 4,500	  50.00

4,500 or greater but  less than 14,500	  75.00

14,500 or greater but less than 45,000	100.00

45,000 or greater but less than 145,000	T25.00

145,000 or greater	150.00
                             SCHEDULE 4

                        INCINERATOR SCHEDULE

Any article, machine, equipment or other contrivance which may
cause the issuance of air contaminants as defined in Rule 1:2 of the
Rules and Regulations designed and used primarily to dispose of
combustible refuse by wholly consuming the material  charged leaving
only the ashes of residue shall be assessed a permit fee based on
the following schedule of the maximum horizontal  inside cross
sectional area, in square feet, of the primary combustion chamber.
                                 -15-

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AREA, IN SQUARE FEET                          FEE
up to and including 3	$   5.00
greater than 3 but less than 6	   10.00
6 or greater but less than 9	   20.00
9 or greater but less than 16	   30.00
16 or greater but less than 27	   50.00
27 or greater but less than 47	   75.00
47 or greater but less than 90	100.00
90 or greater but less than 200	125.00
200 or greater	150.00

                             SCHEDULE 5
                    STATIONARY CONTAINER  SCHEDULE
Any stationary tank, reservoir, or other  container  which may  cause
the issuance of air contaminants as defined in Rule 1:2 of the  Rules
and Regulations shall be assessed a permit fee based on the follow-
ing schedule of capacities in gallons or  cubic equivalent:

GALLONS                                       FEŁ
up to and including 4,000	$   5.00
greater than 4,000 but less than 40,000	   10.00
40,000 or greater but less than 400,000	   20.00
400,000 or greater but less than 4,000,000—  30.00
4,000,000 or greater	40.00         •

                             SCHEDULE 6
                       MISCELLEANEOUS SCHEDULE
Any article, machine, equipment or other  contrivance which may
cause the issuance of air contaminants as defined in Rule  1:2 of  the
Rules and Regulations, which is not included  in the proceeding
schedules shall be assessed a permit fee  of $20.00
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  (2.0)    RULE 3;4 -  Analysis  Fees.

               Whenever the Air Pollution  Control  Officer  finds  that an analysis
               of the emission from  any  source  is  necessary  to determine  the
               extent and  amount of  pollutants  being  discharged  into the  atmos-
               phere  which cannot be determined by visual  observation, he may
               order  the collection  of samples  and the  analysis  made by qualified
               personnel of the Air  Pollution Control District.  The time re-
               quired for  collecting samples, making  the analysis, and preparing
               the necessary reports, but  excluding time required in going  to and
               from such premises shall  be charged against the owner or operator of
               said premises in a reasonable sum to be  determined by the  Air
               Pollution Control Officer,  which said  sum is  not  to exceed the actual
               cost of such work.

  (13.0)   RULE 3:5 -  Technical Reports,  Charges For:

               Information, circulars, reports  of  technical  work, and other reports
               prepared by the Air Pollution Control  District when supplied to
               other  governmental agencies or individuals  or groups requesting
               copies of the same may be charged for  by the  District 1n a sum not
               to exceed the cost of preparation and  distribution of such documents.
               All such monies collected shall  be  turned into the general funds of
               said District.
                                  REGULATIONS IV -  PROHIBITIONS
(50.1.2)   RULE 4:0 - Ringelmann Chart.
               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 minutes  in  any one hour which
               is:

                    a.  As dark or darker in shade as that  designated as No.  2 on
                        the Ringelmann Chart, as published  by  the United States
                        Bureau of Mines,  or

                    b.  Of such opacity as to obscure an observer's  view to a
                        degree equal  to or greater than  does smoke described in
                        subsection (a) of this Rule (Section 24242)
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(50.1.2)  RULE 4:1  - Wet Plumes.
              Where the presence of uncombined  water is  the  only  reason  for  the
              failure of an emission to meet the  limitations of Rule  4:0,  that
              rule shall not apply.   The burden of proof which  establishes the
              application of this Rule 4:1  shall  be upon the person seeking  to
              come within its provisions.
(50.7)    RULE 4:2 - Nuisance.
              A person shall  not discharge from any source  whatsoever such
              quantities of air contaminants  or other materials  which cause
              injury,  detriment, nuisance or  annoyance  to any  considerable
              number of persons or to the public or which endanger the comfort,
              repose,  health or safety of any such persons  or  the  public  or  which
              cause or have a natural tendency to cause injury or  damage  to  busi-
              ness or property.  (Section 24243)

(50.1).   RULE 4:3 - Particulate Matter.

              A person shall  not discharge from any single  source  whatsoever parti-
              culate matter in excess of 0.3  grain per  cubic foot  of gas  at standard
              conditions over a period of one hour.

(50.0)    RULE 4:4 - Specific Air Contaminants.

              No person shall discharge from  any single source whatsoever any  one
              or more of the following contaminants  in  any  state or combination
              thereof, exceeding in concentration at the point of  discharge:

                   a.   Sulphur Compounds calculated as  sulphur dioxide:   0.2 per
                       cent by volume.

                   b.   Combustion contaminants:   0.3 grain  per cubic foot of gas
                       calculated to 12 per cent of carbon  dioxide at standard
                       conditions.  In measuring the combustion  contaminants from
                       incinerators used to dispose of  combustible refuse by
                       burning, the carbon dioxide produced by combustion of any
                       liquid or gaseous fuels shall be excluded from the calcu-
                       lation  to 12 per cent of carbon dioxide.

 (2.0)    RULE 4:5 - Exceptions.

              Rules 4:0 and 4:2, do not apply to:

                   a.   Fire set by or permitted by a public officer if such  fire
                                              -18-

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                       1s set or permission  given  in  the  performance of the
                       official  duty of such officer,  and such fire in the
                       opinion of such  officer  is  necessary:

                            (1)   For the purpose of the prevention of a fire
                                 hazard which cannot  be abated by any other means,
                                 or,

                            (2)   The instruction of public employees in the
                                 methods of  fighting  fire.

                   b.   Fires set pursuant to permit on property  used for  indus-
                       trial purposes for the purpose of  instruction of employees
                       1n methods of fighting fire.

                   c.   Agricultural  operations  in  the growing of crops or raising
                       of fowls  or animals,  or

                   d.-   The use of other equipment  1n  agricultural operations  in
                       the growing of crops, or raising of fowls, or animals.

(2.0)    RULE 4:6 - Additional Exception.                                  	

              The provisions of  Rule 4:2, relating to odors, do  not apply to  odors
              emanating from agricultural operations  in the crowing of crops  or
              raising  of fowls or animals.   (Section  24251.1;

(51.13)  RULE 4:7 - Open Burning.

              No person, firm, corporation,  association or public agency  shall
              ignite,  cause to be ignited, permit  to  be Ignited, or suffer, allow
              or maintain any open outdoor fire within the District, except as
              provided 1n this Regulation.

(2.0)    RULE 4:8 - Exceptions.

              The following fires are excepted  from the provisions of Rule 4:7.

                   a.   Fires used only  for cooking of food for human beings or for
                       recreational  purposes.

                   b.   Fires for disposal of household rubbish originating at one
                                             -19-

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    and two family dwellings which fires are maintained by the
    occupant of the dwelling at the dwelling.

c.  Any fire set or permitted by any public officer, in the
    performance of official duty, if such fire is set or per-
    mission given for the purpose of weed abatement, the pre-
    vention of a fire hazard, including the disposal of
    dangerous materials where there is no safe alternate method
    of disposal, or in the instruction of public employees in
    the methods of fighting fires, which fire is, in the
    opinion of such official, necessary.

d.  Fires set for the purpose of instruction of industrial
    employees in the method of fighting fire, provided prior
    permission has been granted by a public officer in the
    performance of official duty and by the Air Pollution
    Control Officer.

e.  An agricultural fire set by or permitted by the
    Agricultural Commissioner of the County, if such fire is
    set or permission given in the performance of the official
    duty of such County Agricultural Commissioner for the pur-
    pose of disease and pest prevention.

f.  Safety flares for the combustion of waste gases.

g.  Fires set for the purpose of disposal of waste materials
    created as an incidence to the clearance and development
    of land for road or right of way purposes, by a public
    entity or utility company; provided that such fires shall
    be burned only after approval by a fire official having
    jurisdiction  in the performance of official duty and the
    Air Pollution Control Officer.

h.  Except in case of emergency, permits for a setting of any
    fire or firas permitted by paragraphs (c), (d), (e), (g) of
    this Rule shall be granted by the public official having
    jurisdiction, and only after consultation with the Air
    Pollution Control Officer.

i.  Any fire, if it can be demonstrated that nothing but carbon
    dioxide, nitrogen dioxide, or water vapor is emitted under
    all operating conditions.

j.  Open outdoor fires maintained by  cities  or  counties for the
                           -20-

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                       purpose of disposing  of  solid waste  in accordance with
                       variance extentions granted  by  the California Air Resour-
                       ces  Board,
(2.0)     RULE 4;9
              Nothing in this  Regulation is  intended  to  permit any  practice which
              is a violation of any statute, ordinance,  rule or  regulation.

(50.2)    RULE 4:10 - Sulfur Contents of Fuels.

              No person shall  burn wfthin the District any  gaseous  fuel  contain-
              ing sulfur compound in excess  of 50  grains per 100 cubic feet of
              gaseous fuel, calculated as hydrogen sulfide  at standard conditions,
              or any liquid fuel  or solid fuel  having a  sulfur content in  excess
              of 0.5 per cent  by weight.  The provisions of this rule shall not
              apply to:

                   a.  The incinerating of waste gases provided  that the gross
                       heating value of such gases is less  than  300 British
                       Thermal Units per cubic foot at standard  conditions and
                       the fuel used to incinerate such  waste gases does not
                       contain sulfur compounds in excess of the amount  specified
                       in this rule.

                   b.  The use of solid fuels in any  metallurgical  process.

                   c.  The use of fuels where the  gaseous products  of combustion
                       are used as raw materials for  other  processes.

                   d.  The use of liquid, or solid fuel, to propel  or test any
                       vehicle, aircraft, missile, locomotive, boat or ship.

                   e.  The use of liquid fuel whenever the  supply of gaseous  fuel,
                       the burning of which  is permitted by this rule, is  not
                       physically available  to the user  due to accident, act  of
                       God, act of war, act  of the public enemy, or failure of
                       the supplier.

                   f.  The use of liquid fuel during  a period for which  the
                       supplier of gaseous fuel, the  burning of  which is not
                       prohibited by this Rule, interrupts  the delivery  of gaseous
                       fuel to the user.
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(50.1.1)  RULE 4:11  - Solid Particulate  Matter  - Weight.

              A person shall  not discharge  into the  atmosphere from any  source,
              solid particulate matter  at a rate  in  excess of that shown for the
              process weight rate for the source  in  Table I.
                           •
              Where the process weight  rate falls between figures listed  in the
              table, the exact rate of  permitted  discharge shall  be determined by
              linear interpolation.

              For the purposes of this  rule solid particulate matter  includes any
              material which would become solid particulate matter if cooled to
              standard conditions.
                                             TABLE

                                MAXIMUM ALLOWABLE EMISSION  RATE
                                 BASED  ON  PROCESS WEIGHT  RATE

                                     PROCESS  WEIGHT TABLE
           Process
         Weight Rate

           tons/hour

                .025
                .05
                .25
                .50
               2.5
               5.0
              10
              30
              40
              60
              80
             100
             200
             500
   Ibs/hr

       50
      100
      500
     1000
     5000
   10,000
   20,000
   60,000
   80,000
  120,000
  160,000
  200,000
  400,000
1,000,000
Emission
  Rate

   * /hr
     ,34
     ,55
     ,62
     ,58
     ,58
   12.05
   19.18
   40.04
   42.05
   46.03
   49.00
   51.02
   58.05
   69.00
                                              -22-

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(2.0)    RULE 4;12 - Separation of Emissions.

              If air contaminants from a  single source  operation are emitted
              through two or more emission points,  the  total  emitted quantity of
              any air contaminant, limited in  this  Regulation cannot exceed the
              quantity which would be the allowable emission  through a  single
              emission point; and the total  emitted quantity  of any such  air con-
              taminant shall be taken as  the product of the highest concentration
              measured in any of the emission  points and the  exhaust gas  volume
              through all emission points, unless the person  responsible  for the
              source operation establishes the correct  total  emitted quantity.

(2.0)    RULE 4;13 - Combination of Emissions.

              a.   If air contaminants from two or more  source operations are
                  combined prior to emission and there  are adequate and reliable
                  means reasonably susceptible to confirmation and use  by the
                  control officer for establishing  a separation of the  components
                  of the combined emission to  indicate  the nature, extent,
                  quantity and degree of  emission arising from each such  source
                  operation, this Regulation shall  apply to each such source
                  operation separately.

              b.   If air contaminants from two or more  source operations  are com-
                  bined prior to emission, and the  combined emissions cannot be
                  separated according to  the requirements of  Rule  413  (a), this
                  Regulation on any of the source operations  whose air  contamin-
                  ants are so combined.

(51.1)   RULE 4;14 - Orchard and Citrus Heaters.

              The following section of the State of California Health and Safety
              Code, and any future amendments  thereto,  are part of these  Rules
              and Regulations by reference:  Section 39298.7, Article 4,  Chapter
              10, Part 1, Division 26.

(51.16)  RULE 4:15 - 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., Article  2,
              Chapter 3, Part 1, Division 26.

(2.0)    RULE 4:16 - Circumvention.

              A person shall not install  or use any equipment, the use  of which
                                             -23-

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              without resulting  in a  reduction  of air  contaminants  released to
              the atmosphere,  dilutes,  alters,  or conceals  an emission which would
              otherwise constitute a  violation.   This  rule  shall not apply to
              cases in which the nature of the  violation  involved is that of a
              nuisance.

(51.9)    RULE 4;17 - Reduction of Odorous  Matter.

              A person shall not operate or use any  article, machine, equipment
              or other contrivance for  the reduction of animal matter, agricul-
              tural material,  etc., unless all  gases,  vapors, and gas-entrained
              effluents which  contain odorous material are:

                   a.   Incinerated at temperatures of  not less than 1200 degrees
                       Fahrenheit for a period  of not  less  than 0.3 seconds, or

                   b.   Processed in such a manner determined by the Air Pollution
                       Control Officer  to  be equally,  or  more, effective for the
                       purpose of air pollution control than (a) above.

              A person incinerating or  processing gases,  vapors or  gas-entrained
              effluents pursuant to this Rule shall  provide, properly install and
              maintain in calibration,  in  good  working order and in operation
              devices, as specified in  the Authority to Construct or Permit to
              Operate or as  specified by the Air Pollution  Control  Officer, for
              indicating temperature, pressure  or other operating conditions.  For
              the purpose of this Rule, "reduction"  is defined as any heated
              process, including rendering, cooking, drying, dehydration, digest-
              ing, evaporating and protein concentrating.

              The provisions of  this  Rule  shall  not  apply to any article, machine,
              equipment or other contrivance used exclusively for the processing
              of food for human  consumption.

              This rule shall  become  effective  on January 1, 1974 for all sources
              which are either in operation, or under  construction  under~a valid
              authority to construct  on May 17,  1972.  This rule shall be effect-
              ive for all other  sources on May  17, 1972.
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                      REGULATION V -  PROCEDURE  BEFORE THE HEARING BOARD

(2.0)    RULE 5:1  - Applicable Articles  of  the  Health and Safety Code.

              The  provisions of Article  6,  Chapter  2, Division  20, of the State
              of California Health and Safety Code,  as amended, respectively
              entitled "Variances and Procedure", are incorporated herein by this
              reference.

(2.0)    RULE 5:2  - General.

              This regulation shall apply to all  hearings before the Hearing
              Board of the Lassen County Air Pollution Control  District.

(2.0)    RULE 5:3  - Filing Petitions.

              Request for hearing shall  be  initiated by  the filing of a  petition
              in triplicate with the  Clerk  of the Hearing Board and the  payment
              to said clerk of a fee  of  $40.00, after service of a copy  of  the
              petition has been made  on  the Air Pollution Control Officer at
              175  Russell Avenue, Susanville, California, and one (1) copy  of the
              holder of the variance, if any involved.   Service may be made in
              person or by mail, and  service may be proved  by written acknowledg-
              ment of the person served  or  by the affidavit of  the person making
              the  service.

              No fee shall be required for  the  filing of a  petition by a public
              agency or a public officer acting in  the scope of his official
              capacity.

(2.0)    RULE 5:4  - Contents of Petitions.

              Every petition shall state:

                   a.  The name, address and telephone number of the petitioner,
                       or other person authorized to receive service of  notices.

                   b.  Whether the petitioner is an individual, co-partnership,
                       corporation or other entity, and  names and addresses of
                       partners, if a co-partnership, names and address  of  the
                       managing officers, if a  corporation, and the names and
                       address of the persons in control,  if other entity.

                  . c.  The type of business or  activity  involved in the  appli-
                       cation and the street address at  which it is conducted.
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                   d.   A brief description  of the article,  machine,  equipment
                       or other contrivance,  if any,  involved  in  the application.

                   e.   Whether the petitioner desires a  hearing:

                       (1)  For a variance  under Section 24292, Health  and  Safety
                            Code;

                       (2)  To revoke or modify a variance  under  Section  24298,
                            Health and Safety Code.

                   f.   Each petition shall  be signed  by  the petitioner, or  by
                       some person on his behalf, and where the person  signing
                       is not the petitioner  it shall set forth his  authority
                       to sign.

                   g.   All petitions shall  be typewritten,  double spaced, on
                       legal or letter size paper, on one side of the paper only,
                       leaving a margin of  a  least one inch at the top  and  left
                       side of each sheet.

(5.0)     RULE 5:5 - Petitions for Variances.

              In addition to the matters required by  Rule 5:4, petitions  for
              variance shall state briefly:

                   a.   The section, rule or order complained of.

                   b.   The facts showing why  compliance  with the  section, rule or
                       order is unreasonable.

                   c.   For what period of time the variance is sought and why.

                   d.   The damage or harm resulting or which would result to
                       petitioner from a compliance with such  section,  rule or
                       order.

                   e.   The requirements which petitioner can meet and the date
                       when petitioner can  comply with such requirements.

                   f.   The advantages and disadvantage to the  residents of  the
                       district resulting from requiring compliance  or  resulting
                       from granting a variance.
                                              -26-

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                   g.   Whether or not operations  under  such  variance,  if granted
                       would constitute a nuisance.

(2.0)    RULE 5:6 - Failure to Comply With Rules.

              The Clerk of the Hearing Board shall not  accept for filing any
              petition which does not comply with these Rules relating to  the
              form, filing and service of petitions  unless the Chairman or any
              two members of the Hearing Board direct otherwise and  confirm such
              direction in writing.   Such direction  need not be made at a  meeting
              of the Hearing Board.   The Chairman or any two members,  without  a
              meeting, may require the petitioner to state further facts or
              reframe a petition so as to disclose clearly the issues  involved.

 (2.0)   RULE 5:7 - Answers.

              Any person may file an answer within ten  (10)  days after service.
              All answers shall be served the same as petitions under  Rule 5:3.

 (2.0)   RULE  5:8 - Dismissal of Petition.

              The petitioner may dismiss his petition at any time before sub-
              mission 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.

 (16.0)  RULE 5:9 - Place of Hearing.

              All hearings shall be held at the place designated by  the Hearing
              Board.

 (16.0)  RULE 5:10 - Notice of Hearing.

              The Clerk of the Hearing Board shall mail or  deliver a notice of
              hearing to the petitioner, the Air  Pollution Control Officer, the
              holder of the permit or variance Involved, if  any, and to any
              person entitled to notice under Sections  24275, 24295, or 24299,
              Health and Safety Code.

 (2.0)   RULE 5:11 - Evidence.

              a.  Oral evidence shall be taken only  on  oath  or affirmation.

              b.  Each party shall have these rights:  to call and examine
                  witnesses; to introduce exhibits;  to  cross examine opposing
                  witnesses on any matter relevant to the issues even  though the
                  matter was not covered in the direct  examination;  to impeach
                                              -27-

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                  any witness regardless of which party first called him to
                  testify; and to rebut the evidence against him.  If respondent
                  'does not testify in his own behalf he may be called and ex-
                  amined as if under cross-examination.

              c.  The hearing need not be conducted according to technical rules
                  relating,to evidence and witnesses.  Any relevant evidence shall
                  be admitted if it is the sort of evidence on which responsible
                  persons are accustomed to rely in the conduct of serious affairs
                 ^regardless of the existence of any common law or statutory
                  r.ule which might make improper the admission of such evidence
                  over objection in civil actions.  Hearsay evidence may be used
                  for the purpose of supplementing or explaining any direct ev-
                  idence but shall not be sufficient in itself to support a find-
                  ing unless it would be admissable over objection in civil
                  actions.  The rules of privilege shall be effective to the
                  same extent that they are not or hereafter shall be excluded.

(13.0)   RULE 5;12 - Record of Proceedings.

             .A record of all proceedings had before the Hearing Board shall be
              made.  The record shall be prepared in accordance with one of the
              following methods.

                   1.  A written summary of all the evidence, testimony and pro-
                       ceedings had and presented at the Hearing shall be made by
                       a person designated by the Hearing Board for that purpose:
                     '  or

                   2.  Any interested person, including the District, may at his
                       own cost provide a certified shorthand reporter satis-
                       factory to the Hearing Board who shall prepare a verbatim
                       transcript of all the evidence, testimony and proceedings
                       had and presented at the hearing.

              The Hearing Board may require that the original and one copy of
             ?such transcript, each certified to by the reporter as to its accu-
           •'  racy, be filed with the Hearing Board within thirty (30) days from
              ,the closing date of the hearing unless required by the Board prior
             ,to that time.

 (2.0)   RULE 5;13 - Preliminary Matters.

             •Preliminary matters such as setting a date for hearings, granting
            -.continuances, approving petitions for filing, allowing amendments,
                                              -28-

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              issuing subpoenas,  and other preliminary rulings  not  determinative
              of the merits of the case may be made by the  Chairman or  any
              two members of the  Hearing Board and without  notice.
(2.0)    RULE 5:14 - Official Notice.
              The Hearing Board may take official  notice of any matter which  may
              be judicially noticed by the courts  of this state.

(2.0)    RULE 5:15 - Continuances.

              The Chairman or arty two members of the Hearing Board shall  grant
              any continuance of fifteen (15) days or less, concurred in  by
              petitioner, the Air Pollution Control Officer and by every  person
              who has filed an answer in the action and may grant any reasonable
              continuance; in either case such action may be ex parte, without
              a meeting of the Hearing Board and without prior notice.

(16.0)   RULE 5:16 - Hearing and Decision.

              All hearings shall be held by two or more members of the Board.
              The decision shall be in writing served and filed within fifteen
              (15) days after submission of the cause by the parties thereto
              and shall contain a brief statement of facts found to be true,
              the determination of the issues presented, and the order of the
              Hearing Board.  A copy shall be mailed or delivered to the  Air
              Pollution Control Officer, the petitioner and to every person who
              has filed an answer or who has appeared as a party in person or
              by counsel at the hearing.

(2.0)    RULE 5:17 - Effective Date of Decision.

              The decision shall become effective fifteen (15) days after del-
              ivery or mailing a copy of the decision, as provided in Rule 5:16,
              or the Hearing Board may order that the decision shall become
              effective sooner.
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                                     IMPLEMENTATION PLAN

                                              FOR

                                    AGRICULTURAL BURNING

                                         Appendix "A"
(51.13)   NOTIFICATION OF BURNING CONDITIONS.

               A.  Commencing December 20,  1972,  a notice as  to whether a day is
                  permissive-burn day or a no-burn day will  be provided to the
                  local  District by the California Air Resources  Board each
                  morning by 0745.   This notice  will  be incorporated in a normal
                  weather report and will  be  transmitted to  the general public
                  by announcement over local  radio stations, television stations
                  and the weather service VHP network.

               B.  An advisory forecast as  to  whether  the following  day will  be a
                  permissive-burn or a no-burn day will  be provided to the local
                  District by the California  Air Resources Board  each afternoon
                  at 1300.  This notice will  also be  incorporated in weather
                  reports to local  news media.

               C.  Upon requests  from a permittee through a designated agency,
                  seven  days in  advance of a  specific range  improvement burn or
                  of a specific  forest management burn above 3,000  feet a per-
                  missive-burn or no-burn  notice will  be issued by  the Board up
                  to 48  hours prior to the date  scheduled for the burn.  Without
                  further request a daily notice will  continue to be issued until
                  a permissive-burn notice is issued.

               D.  A permissive-burn or no-burn advisory outlook will be available
                  up to  72 hours in advance of burns  specified in the proceeding
                  Section C.

               E.  The board may  cancel permissive-burn notices that had been
                  issued more than  24 hours in advance if the cancellation is
                  necessary to maintain suitable air  quality.

               F.  Burn forecast  will  be made  covering the entire  California North-
                  east Plateau Air  Basin,  however, more restrictive conditions
                  may be specified  for the local  District.
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(1.0)     DEFINITIONS.
              A.   "Agricultural  burning" means  open outdoor fires used in agri-
                  cultural  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  1n  the open  of materials produced wholly from
                       operations in the growing  and harvesting of crops or rais-
                       ing of  fowls or animals  for the primary purpose of making
                       a profit, or Instruction by an educational institution;
                       and

                   2.   In connection with operations qualifying under subdivision
                       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 1n the field, except as prohibited by district
                              regulations.  Examples are fertilizer and empty
                              pesticide sacks  or containers, where  the sacks or
                              containers are emptied 1n the field.

              C.   "Range Improvement burning" means the use of open  fires to
                  remove vegetation for 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 operations, siIvicultural
                  practices or forest  protection  practices.

              E.   "Brush treated" means that the  material to be burned has been
                  felled, crushed or uprooted with mechanical equipment, or has
                  been deslcated with  herbicides.
                                              -31-

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              F.   "Timber operations" means cutting or removal,  or both,  of
                  timber or other forest vegetation.

              6.   "SiIvicultural" means the establishment,  development, care
                  and reproduction of stands of timber.

              H.   "Board" means the State 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 or the local district.

              K.   A "permissive-burn" day means any day on  which agricultural
                  burning is not prohibited by the  Board.

              L.   "District" means The Lassen County Air Pollution Control
                  District, in the Northeast Plateau Basin.

              M.   "Approved ignition device" include those  instruments or mater-
                  ials that will ignite agricultural  waste  without the production
                  of black smoke by the ignition device. This  would include such
                  items  as liquid petroleum gas, butane, propane, or diesel oil
                  burners and flame, but does not include the use of tires, tar
                  paper, oil and other similar materials.
(2.0)    PROHIBITIONS - General.
              A.   No person shall  knowingly set or permit agricutural  burning
                  unless he has a  valid permit from the designated agency in the
                  area where the burn will  take place.

             ;B.   A permit shall not be issued to an applicant unless  information
                  .is provided as required by the designated fire protection
                 ^agency for fire  protection purposes.

              C.   A permit shall not be issued to an applicant unless  information
                 ,is provided as required by the Air Pollution Control District.

              D.   All material to  be burned shall be reasonally free of dirt,
                  soil, and excess moisture.
                                             -32-

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E.  Wherever possible, wastes shall be piled or windrowed in such
    a manner as to burn with maximum possible heat density and
    minimum smoke.

F.  All burning shall be ignited as rapidly as practical within
    applicable fire control restrictions.

G.  Maximum care must be taken to keep smoke from drifting into
    populated areas.

H.  All wastes shall be free of tires, tarpaper, construction
    debris, or other types of rubbish likely to cause excessive
    smoke or obnoxious odors.

I.  Special consideration shall be given to burning operations
    confined to narrow inland river valleys where smoke contain-
    ment may be restricted within the river basin and greatly
    decrease the prevailing visibility.

J.  All materials to be burned shall be ianited with an approved
    ignition device.

K.  A permit shall not be valid for any day in which burning is
    prohibited by the designated fire control agency having juris-
    diction over the site of the burn for the purposes of fire
    control or prevention.

L.  A permit shall be valid for only those days on which agricul-
    tural burning is not prohibited.

M.  Open outdoor fires must be controlled to such an extent as is
    technically and economically feasible to meet all Federal and
    State air quality standards pertaining to air pollutants
    created by open burning operations.

N.  Material shall not be burned unless it has been allowed to dry
    for the following minimum time periods:

     1. Open burning in agriculture operations

          a. Dry cereals:    0 days

          b. Prunings and small branches:    3 weeks
                               -33-

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                       c.  Large branches (6 inches and larger)  and trees:
                          8 weeks

                  2.  Range improvement burning

                       a.   Treated brush and unwanted trees:     2 months

                       b.   All  unwanted trees over 6" diameter  shall  be felled.

                  3.  Forest management burning

                       a.   As required by designating agency  issuing  the permit.

             0.   All burning shall commence during the daylight hours.

             P.   The Air Pollution Control Officer may restrict burning to
                 selected permittees on designated burn days  if total: tonnage
                 to be ignited would discharge a volume of contaminants into the
                 atmosphere sufficient to cause State Ambient Air Quality
                 Standards to be exceeded.

        PROHIBITIONS I.   Range Improvement Burning.

             A.   Between January 1 and May 31, range improvement burning may be
                 conducted by permit on a No-Burn-Day, providing that more than
                 50% of the land has been brush treated.   Notwithstanding the
                 provisions in Subdivision A of this section, the Board may
                 prohibit range improvement burning during the  period designated
                 by the district if in the opinion of the Board, such prohibition
                 is required for the maintenance of suitable  air quality.

             B.   If the burning is to be done primarily for improvement of land
                 for wildlife and game habitat, no permit shall be issued unless
                 the applicant has filed with the District a  statement from the
                 Department of Fish and Game, certifying that the burn is
                 desirable and proper.

        PROHIBITIONS II.  Forest Management Burning.

             A.   Unless good silviculture! practice dictates  otherwise, material
                 shall not be burned until it has been windrowed or piled.
(2.0)    EXCEPTIONS.
             A.   Open burning in agricultural  operations in the growing of crops
                 or raising of fowl  or animals at altitudes above 3,000 feet
                                             -34-

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                  mean sea level  (msl),  is  exempt  from  this Agricultural
                  Implementation  Plan.                                  .

              B.   Agricultural  burning  in areas  at altitudes  above  6,000  feet
                  (msl),  is exempt from these Agricultural Burning  Guidelines.

              C.   Burning of agricultural related  items such  as,  empty pesticide
                  containers, and toxic fertilizer bags may be  permitted  by the
                  Air Pollution Control  Officer  on no-burn days.  Burning will
                  be done in accordance with stated burning preparations  and
                  consideration for fire danger.

              D.   The Air Pollution Control Officer may allow by  special  permit
                  agricultural  burning  on a no-burn day, if denial  of such permit
                  would threaten  imminent and substantial economic  loss.   The
                  applicant shall submit in writing, on a form  provided,  his
                  reasons for the exception.
                                          Appendix "B"

(15.0)   ENFORCEMENT.-	—              -

              A.  No person shall  knowingly set or permit any open burning opera-
                  tion on days within a period prohibited by the California Air
                  Resources Board  or the local District.

              B.  Penalty- Any violation of the agricultural burning requirements
                  stated in these  procedures is a misdemeanor, under Health and
                  Safety Code, section 39299, punishable by imprisonment in the
                  County jail not  exceeding six (6) months, or by fine not exceed-
                  ing five hundred dollars -($500.)  or both, and the cost of
                  putting out the  fire.  Every day, during any portion of which
                  such violation occurs constitutes a separate offense.

                  The fire control agency designated by the Board and having
                  jurisdiction over the site of the burn and the.air pollution
                  control district shall enforce these Rules and Regulations.

              C.  Procedures -

                   1.  Open Burning

                        a.  Complaint received or burning observed.
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     b.  Investigation (fire protection agency or air
        .pollution control  district)

          (1)  Determine responsible  person.

          (2)  Determine who ordered  fire.

          (3)  Ask for permit.

         ,(4)  Determine section of regulations prohibiting
               such acts.

2.  If violation exists

     a.  Action taken

          (1)  Obtain all pertinent information for report--
               name, address, location of burn, material,
               wind direction,  description of fire and smoke,
               statements made  by subject,  witnesses, photos
               if possible.

          (2)  Issue citation to appear (Section Penal Code
               836.5)

          (3)  If citation cannot be  issued because of complex-
               ities of the violation or the magnitude of  the
               violations,  the  following may be pursued:

               (a)  Investigation:  same as above.

               (b)  Review file with  Air Pollution Control

               (c)  Ask District Attorney for complaint or
                    injunctive  action.

          (4)  May issue official notice to cease and desist--
               subject to judgment of officer.
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