U.S. DEPARTMENT OF COMMERCE National Technical Information Service PB-296 674 Air Pollution Regulations in State Implementation Plans California, Madera County Abcor, Inc, Wilmington, MA Walden Div Pr«par«d for Environmental Protection Agency, Research Triangle Park, NC Control Programs Development Div Aog 78 ------- PB 296674 United States Environmental Protection Agency Office of Air Quality Planning and Standards Research Triangle Park NC 27711 EPA-450/3-78-054-17 August 1978 Air Air Pollution Regulations in State Implementation Plans: California „. j... '„ .— - - • Madera County REPRODUCED BY NATIONAL TECHNICAL INFORMATION SERVICE ------- TECHNICAL REPORT DATA (flease read Instructions on the reverse before completing) 1. REPORT NO. EPA-450/3-78-054-17 2. 3. RE 4. TITLE AND SUBTITLE Air Pollution Regulations in State Implementation i Plans: California Madera County 5. REPORT DATE August 1978 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 IS. SUPPLEMENTARY NOTES EPA Project Officer: Bob Schell, Control Programs Development Division 16. ABSTRACT This document has been produced in compliance with Section 110(h)(l) of the Clean Air Act amendments of 1977. The Federally enforceable regulations contained in the State Implementation Plans (SIPs) have been compiled for all 56 States and territories (with the exception of the Northern Mariana Islands). They consist of both the Federally approved State and/or local air quality regulations as indicated in the Federal Register and the Federally promulgated regulations for the State, as indicated in the Federal Register. Regulations which fall into one of the above categories as of January 1,1978, have been incorporated. As mandated by Congress, this document will be updated annually. State and/or local air quality regulations which have not been Federally approved as of January 1, 1978, are not included here; omission of these regulations from this document in no way affects the ability of the respective Federal, State, or local agencies to enforce such regulations. 7. KEY WORDS AND DOCUMENT ANALYSIS DESCRIPTORS Air pollution Federal Regulations Pollution State Implementation Plans 8. DISTRIBUTION STATEMENT RELEASE UNLIMITED b.IDENTIFIERS/OPEN ENDED TERMS C. COSATI Field/Group 19. SECURITY CLASS (This Report) Unclassified 20. SECURITY CLASS (This page) Unclassified 21. 22. PRICE A EPA Form 2220-1 (9-73) ------- EPA-450/3-78-054-17 Air Pollution Regulations in State Implementation Plans California Madera County by Walden Division of Abcor, Inc. Wilmington, Massachusetts Contract No. 68-02-2890 EPA Project Officer: Bob Schell Prepared for U.S. ENVIRONMENTAL PROTECTION AGENCY Office of Air, Noise, and Radiation Office of Air Quality Planning and Standards Research Triangle Park, North Carolina 27711 August 1978 ------- 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-450/3-78-054-17 ------- AIR POLLUTION REGULATIONS FOR MADERA COUNTY IV ------- 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- late matter process weight (50.1.1), or copper smelters (51.15). Federal regulations pertaining to a given State immediately follow the approved State and local regulations. Additionally, a summary sheet of the information included in each comprehensive document is presented prior to the regulatory text to allow one to quickly assess the contents of the document. Specifically, the summary sheets contain the date of submittal to EPA of each revision Hi ------- 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 ara incorporated directly or by reference into Title 40, Part 52, of the Code of Federal Regulations. Consequently, the exclusion of a Federally approved regulation from this document does not diminish the enforceability of the regulation. Similarly, the inclusion of a given regulation (for example, regulations governing pollutants, such as odors, for which there is no national ambient air quality standards) in this document does not, in itself, render the regulation enforceable. iv ------- SUMMARY SHEET OF EPA-APPROVED REGULATION CHANGES MADERA COUNTY. CALIFORNIA Submlttal Date 6/30/72 1/10/75 Approval Date 9/22/72 8/22/77 4/21/76 7/26/77 Description New Regs, approved Unless Noted Otherwise. Rules 102,103,105,108, 108.1,112-114,301,305, 401,402 (a-e,g), 404- 406,407.2,407.3,408, 409,409.1,409.2,412, 416,416.1 a,b,c(2), c(3),d,e(2),f ,504,505, 518 (NOTE; Rules 405 & 407.3 are disapproved but 6/30/72 405 & 407 are still in effect.) Rules 411.1 & 411.2 (NOTE: In addition to this, Fed. Reg. 52.255 still in effect.) ------- DOCUMENTATION OF CURRENT EPA-APPROVED STATE AIR POLLUTION REGULATIONS REVISED STANDARD SUBJECT INDEX 1.0 DEFINITIONS 2.0 GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES 3.0 REGISTRATION CERTIFICATES. OPERATING PERMITS AND APPLICATIONS 4.0 AIR QUALITY STANDARDS (PRIMARY AND SECONDARY) 4.1 PARTICULATES 4.2 SULFUR DIOXIDE 4.3 NITRIC OXIDES 4.4 HYDROCARBONS 4.5 CARBON MONOXIDE 4.6 OXIDANTS 4.7 OTHERS 5.0 VARIANCES 6.0 COMPLIANCE SCHEDULES 7.0 EQUIPMENT MALFUNCTION AND MAINTENANCE 8.0 EMERGENCY EPISODES 9.0 AIR QUALITY SURVEILLANCE AND SOURCE TESTING 10.0 NEW SOURCE PERFORMANCE STANDARDS 11.0 NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS 12.0 MOTOR VEHICLE EMISSIONS AND CONTROLS 13.0 RECORD KEEPING AND REPORTING 14.0 PUBLIC AVAILABILITY OF DATA 15.0 LEGAL AUTHORITY AND ENFORCEMENT 16.0 HEARINGS, COMPLAINTS, AND INVESTIGATIONS 17.0 PREVENTION OF SIGNIFICANT DETERIORATION 18.0 AIR QUALITY MAINTENANCE AREA 19.0 - 49.0 RESERVED FOR FUTURE EXPANSION OF COMMON INDEX 50.0 POLLUTANT - SPECIFIC REGULATIONS 50.1 PARTICULATES 50.1.1 PROCESS WEIGHT 50.1.2 VISIBLE EMISSIONS 50.1.3 GENERAL VI ------- 50.2 SULFUR COMPOUNDS 50.3 NITRIC OXIDES 50.4 HYDROCARBONS 50.5 CARBON MONOXIDE 50.6 ODOROUS POLLUTANTS 50.7 OTHERS (Pb. Hg, etc.) 51.0 SOURCE CATEGORY SPECIFIC REGULATIONS 51.1 AGRICULTURAL PROCESSES (Includes Grain Handling, Orchard Heaters, Rice and Soybean Facilities, Related Topics) 51.2 COAL OPERATIONS (Includes Cleaning, Preparation, Coal Refuse Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics) 51.3 CONSTRUCTION (Includes Cement Plants, Materials Handling, Topics Related to Construction Industry) 51.4 FERROUS FOUNDRIES (Includes Blast Furnaces, Related Topics) 51.5 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Participates (Includes Fuel Content and Other Related Topics) 51.6 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (Includes Fuel Content and Other Related Topics) 51.7 FUEL BURNING EQUIPMENT (oil, natural gas, coal) - N02 (Includes Fuel Content and Other Related Topics) 51.8 HOT MIX ASPHALT PLANTS 51.9 INCINERATION 51.10 NITRIC ACID PLANTS 51.11 NON-FERROUS SMELTERS (Zn, Cu, etc.) - Sulfur Dioxide 51.12 NUCLEAR ENERGY FACILITIES (Includes Related Topic) 51.13 OPEN BURNING (Includes Forest Management, Forest Fire, 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 ------- TABLE QF CONTENTS MADERA COUNTY REGULATIONS Revised Standard Subject Index - (2.0) (1.0) (14.0) (15.0) (2.0) (2.0) (9.0) (9.0) (9.0) (2.0) (7.0) (2.0) (2.0) (15.0) (2.0) - (3.0) (2.0) Reg.- Rule Number Reg. I Rule 101 102 103 104 105 106 107 108 108.1 109 110 111 112 113 114 Reg. II Rule 201 202 Title General Provisions Title Definitions Confidential Information Enforcement Order of Abatement Land Use Inspections Source Monitoring Source Sampling Penalty Equipment Shutdown, Startup and Breakdown Circumvention Separation and Combination Arrests and Notices to Appear Severability Permits Permits Required Exemptions Page 1 1 1 4 5 5 6 6 6 6 7 7 8 8 9 10 11 11 12 ------- Revised Standard Subject Index (3.0) (3.0) (3.0) (3.0) (3.0)(9.0) (3.0) (3.0) (3.0) (3.0) (3.0) (3.0) (3.0) . (3.0) (3.0) (2.0) (13.0) (16.0) - (50.1.2) (2.0) (50.1.2) Reg.- Rule Number Rule 203 204 205 206 207 208 209 210 211 212 213 214 Reg. Ill Rule 301 302 303 304 305 Reg. IV Rule 401 402 403 Title Transfer Applications Cancellation of Applications Action on Applications Provision of Sampling and Testing Facilities Standards for Granting Applications Conditional Approval Denial of Applications Further Information Applications Deemed Denied Appeals Existing Sources Fees Permit Fee Permit Fee Schedules Analysis Fees Technical Reports Hearing Board Fees Prohibitions Visible Emissions Exceptions Wet Plumes Page 15 15 15 15 16 16 17 17 17 17 17 18 19 19 21 24 25 25 26 26 26 27 IX ------- Revised Standard Subject Index (50.1) (50.1) (50.1.1) (50.2) (51.9) (51.5) (51.5K51.6) (51.7) (50.4) (50.4) (50.4) (51.16) (51.16) (51.16) (51.16) (51.16) (51.16) (51.21) (51.13) (2.0) (51.13) Reg.- Rule Number Rule 404 405 406 407 407.1 407.2 408 409 409.1 409.2 410 411 411.1 411.2 412 413 414 415 416 416.1 Title Page Particulate Matter 27 Particulate Matter-Emission Rate 27 Process Weight Chart 27 Sulfur Compounds 28 Disposal of Solid and Liquid Waste 28 Fuel Burning Equipment- Combustion Contaminants 28 Fuel Burning Equipment 28 Organic Solvents 29 Architectural Coatings 33 Disposal and Evaporation of Solvents 33 Storage of Petroleum Products 34 Gasoline Storage 34 Transfer of Gasoline into Stationary Storage Containers 35 Transfer of Gasoline into Vehicle Fuel Tanks 36 Organic Liquid Loading 37 Effluent Oil Water Separators 38 Reduction of Animal Matter 39 Open Burning 39 Exceptions 39 Agricultural Burning .40 ------- Revised Standard Subject Index (51.9) (50.7) (2.0) (51.1) - (2.0) (2.0) (2.0) (2.0) (5.0) (2.0) (2.0) (2.0) (2.0) (16.0) (16.0) (2.0) (2.0) (2.0) (2.0) (2.0) "(2.0) (3.0) Reg.- Rule Number Rule 417 418 419 420 Reg. V Rule 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 Title '• Page Incinerator Burning 45 Nuisance 45 Exception 45 Orchard Heaters 46 Procedure Before the Hearing Board 47 Applicable Articles of the Health and Safety Code 47 General 47 Filing Petitions 47 Contents of Petitions 47 Petitions for Variances 48 Appeal from Denial 49 Failure to Comply with Rules 49 Answers 50 Dismissal of Petition 50 Place of Hearing 50 Notice of Hearing 50 Evidence 50 Preliminary Matters 51 Official Notice 51 Continuances 51 Decision 51 Effective Date of Decision 52 Lack of Permit 52 xi ------- REGULATION I - GENERAL PROVISIONS (2.0) RULE 101 Title These rules and regulations shall be known as the Rules and Regulations of the Madera County Air Pollution Control District. (1.0) RULE 102 Definitions Except as otherwise specifically provided in these rules and, except where the context otherwise indicates, words used in these rules are used in exactly the same sense as the same words are used in Chapter 2, Division 20, of the Health and Safety Code. a. Air Contaminant "Air Contaminant" includes smoke, charred paper, dust, soot, grime, carbon, noxious acids, fumes, gases, odors, or particulate matter of any combination thereof. b. Alteration Any addition to* enlargement of, replacement of, or any major modification or change of the design, capacity, process, or arrangement, or any increase in the connected loading of, equipment or control apparatus, which will significantly increase or effect the kind or amount of air contaminants emitted. c. Atmosphere "Atmosphere" means the air that envelops or surrounds the earth. Where air pollutants are emitted into a building not designed specifically as a piece of air pollution control equipment, such emission into the building shall be considered an emission into the atmosphere. d. Board "Board" means the Air Pollution Control Board of the Air Pollution Control District of Madera County. e. Combustible Refuse "Combustible Refuse" is any solid or liquid combustible waste material containing carbon in a free or combined state. f. Combustion Contaminants "Combustion Contaminants" are particulate matter discharged into the atmosphere from the burning of any kind of material containing carbon in a free or combined state. g. Fumes "Fumes" are minute, solid particles generated by the condensation of vapors from solid matter after volatilization from the molten state, or generated by sublimation, distillation, calcination, or chemical reaction, when these processes create air-bourne particles. -1- ------- h. Control Officer "Control Officer" means the Air Pollution Control Officer of the Air Pollution Control District of Madera County. i. Hearing Board "Hearing Board" means the Hearing Board of the Air Pollution Control District of Madera County. j. District "District" is the Air Pollution Control District of Madera County. k. Dusts "Dusts" are minute, solid particles released into the air by natural forces or by mechanical processes such as crushing, grinding, milling, drilling, demolishing, shoveling, conveying, covering, bagging, sweeping, or other similar processes. 1. Emission The act of passing into the atmosphere of an air contaminant or gas stream which contains an air contaminant, or the air contaminant so passed into the atmosphere. m. Emission Point The place at which an emission enters the atmosphere. n- Hue Means any duct or passage for air, gases, or the like, such as a stack or chimney. o. Installation The placement, assemblage or construction of equipment or control apparatus at the premises where the equipment or control apparatus will be used, and includes all preparatory work at such premises. p. Institutional Facility "Institutional Facility" means any hospital, boarding home, school, corporation yard, or like facility. q. Multiple-Chamber Incinerator "Multiple-Chamber Incinerator" is any article, machine, equipment, contrivance, structure or any part of a structure used to dispose of combustible refuse by burning, consisting of three or more refractory lined combustion furnaces in series, physically separated by refractory walls, interconnected by gas passage ports or ducts, and employing adequate design parameters necessary for maximum combustion of the material to be burned. The refractories shall have a pyrometric cone equivalent of at least 17, tested according to the method described in the American Society of Testing Materials, Method C-24. -2- ------- r. Open Outdoor F1re "Open Outdoor F1re" as used in this regulation means combustion of any combustible refuse or other material of any type outdoors in the open air not in any enclosure where the products of combustion are not directed through a flue. s. Operation Any physical action resulting in a change in the location, form or physical properties of a material, or any chemical action resulting in a change in the chemical composition or the chemical or physical properties of a material. t. Owner Includes but is not limited to any person who leases, supervises or operates equipment, in addition to the normal meaning of ownership. u. Particulate Matter "Participate Matter" is any material, except uncombined water, which exists in a finely divided form as a liquid or solid at standard conditions. v. Person "Person" means any person, firm, association, organization, partnership, business trust, corporation, company, contractor, supplier, installer, user or owner, or any state or local governmental agency or public district or any officer or employee thereof. w. PPM Parts per million by volume expressed on a dry gas basis. x. Process Weight Per Hour "Process Weight" is the total weight of all materials introduced into any specific source operation, which operation may cause any discharge into the atmosphere. Solid fuels charged will be considered as part of the process weight, but liquid and gaseous fuels and combustion air will not. "The Process Weight Per Hour" will be dirived by dividing the total process weight by the number of hours in one cycle of operation from the beginning of any given process to the completion thereof, excluding any time during which the equipment is idle. y. Regulation "Regulation" means one of the major sub- divisions of the rules of the Air Pollution Control District of Madera County. z. Residential Rubbish "Residential Rubbish" means refuse origination from residential uses and includes wood, paper, cloth, cardboard, tree trimmings, leaves, lawn clipping, and dry plants. -3- ------- aa. Rule "Rule" means a rule of the Air Pollution Control District of Madera County. bb. Section "Section" means section of the Health and Safety Code of the State of California unless some other statute is specifically mentioned. cc. Source Operation "Source Operation" means the last operation preceding the emission of an air contaminant, which operation (a) results in the separation of the air contaminant from the process materials or in the conversion of the process material into air contam- inants, as in the case of combustion of fuels, and (b) is not an air pollution abatement operation. dd. Standard Conditions As used in these regulations, "Standard Conditions" are a gas temperature of 60 degrees Fahrenheit and a gas pressure of 14.7 pounds per square inch absolute. Results of all analyses and tests shall be calculated or reported at this gas temperature and pressure. (14.0) RULE 103 Confidential Information All information, analyses, plans, or specifications that disclose the nature, extent, quantity, or degree of air contaminants or other pollution which any article, machine, equipment, or other contrivance will produce, which any air pollution control district or any other state or local agency or district requires an applicant to provide before such applicant builds, erects, alters, replaces, operates, sells, rents, or uses such article, machine* equipment, or other contrivance, are public records. All air and other pollution monitoring data, including data compiled from stationary sources, are public records. Trade secrets are not public records under this rule. Trade secrets may include, but are not limited to, any formula, plan, or compilation of tool, mechanism, compound, procedure, production data, or compilation of information which is not patented, which is known only to certain individuals within a commercial concern who are using it to fabricate, produce, or compound an article of trade or a service having commercial value and which gives its user an opportunity to obtain a business advantage over competitors who do not know or use it. -4- ------- All air pollution emission data, including those emission data which constitute trade secrets, as defined in the above paragraph, are public records. Data used to calculate emission data are not emission data for the purpose this subdivision and data which constitute trade secrets and which are used to calculate emission data are not public records. ' Any person furnishing any records may label as "trade secret" any part of those records which are entitled to confidentiality. Written justification for the "trade secret" designation shall be furnished with the records so designated and the designation shall be a public record. The justification shall be as detailed as possible without disclosing the trade secret; the person may submit additional information to support the justification, which information, upon request, will be kept confidential in the same manner as the record sought to be protected. (15.0) RULE 104 Enforcement These rules and regulations shall be enforced by the Control Officer under authority of Section 24224(b), Article 2, and Sections 24260, 24262, Article 4; and all officers empowered by Section 24221, Article 2. (2.0) RULE 105 Order of Abatement The Air Pollution Control Board may, after notice and a hearing, issue, or provide for the issuance by the Hearing Board, after notice and a hearing, an order for abatement whenever the district finds that any person is in violation of Sections 24242, 24243, or any rule or regulation prohibition or limiting the discharge of air contaminants into the air. The Air Pollution Control Board in holding hearings on the issuance of orders for abatement shall have all powers and duties conferred upon the Hearing Board by Division 20, Chapter 2, of the Health and Safety Code. The Hearing Board in holding hearings on the issuance of orders for abatement shall have all powers and duties conferred upon it by Division 20, Chapter 2, of the Health and Safety Code. Any person who intentionally or negligently violates any order of abatement issued by any type of air pollution control district pursuant to Section 24260.5 not to exceed six thousand dollars (6,000) for each day in which such violation occurs. -5- ------- (2.0) RULE 106 Land Use As part of his responsibility to protect the public health and property from the damaging effects of air pollution, it shall be the duty of the Air Pollution Control Officer to review and advise the appropriate planning authorities within the district on all new construction or changes in land use which the Air Pollution Control Officer believes could become a source of air pollution problems. (9.0) RULE 107 Inspections Inspections shall be made by the enforcement agency for the purpose of obtaining information necessary to determine whether air pollution sources are in compliance with applicable rules and regulations, in- cluding authority to require recordkeeping and to make inspections and conduct tests of air pollution sources. (9.0) RULE 108 Source Monitoring Upon the request of the Air Pollution Control Officer and as directed by him, the owner shall provide, install, and operate continuous monitoring equipment on such operations as directed. The equipment shall be capable of monitoring emission levels with 120. percent with confidence levels of 95 percent. The owner shall maintain, calibrate, and repair the equipment and shall keep the equipment operation at design capabilities. Records from the monitoring equipment shall be kept by the owner for a period of two years, during which time they shall be available to the Control Officer in such form as he directs. In the event of a breakdown of monitoring equipment, the owner shall notify the Control Officer immediately and shall initiate repairs. The owner shall inform the Control Officer of the intent to shut down any monitoring equipment at least 24 hours prior to the event. In the event a person finds that a request by the Control Officer to install and maintain monitoring facilities for equipment is unreasonable, he may appeal the request before the Air Pollution Control Board. (9.0) RULE 108.1 Source Sampling Upon the request of the Control Officer and as directed by him, the owner of any source operation which emits or may emit air contaminants, for which emission limits have been established, shall provide the following facilities, constructed 1n accordance with the general industry safety orders of the State of California: -6- ------- a. Sampling ports b. Sampling platforms c. Access to sampling platforms d. Utilities for sampling equipment The owner of such a source operation, when requested by the Control Officer, shall provide records or other information which will enable the Control Officer to determine when a representative sample can be taken. In addition, upon the request of the Control Officer and as directed by him, the owner of such a source operation shall collect, have collected, or allow the Control Officer to collect, a source sample. All source samples collected to determine the compliance status of an emission source shall be collected in a manner specified or approved by the Control Officer. (2.0) RULE 109 Penalty Every person who violates any provision of these rules is guilty of a misdemeanor. Every day during any portion of which such violation occurs constitutes a separate offense. (7.0) RULE 110 Equipment Shutdown. Startup, and Breakdown Emissions exceeding any of the limits established by Regulation IV as a direct result of unavoidable upset conditions, unforeseeable breakdown, or planned startup and shutdown of any source operation, air pollution control equipment, or related equipment shall not be a violation pro- vided that the following requirements are met: a. In the event of breakdown or upset, the person responsible for such equipment shall promptly report such condition to the Air Pollution Control Officer. In the event of planned shutdown or startup, the person responsible for such equipment shall report to the Air Pollution Control Officer at least 24 hours prior to the shutdown or startup. The report shall include, but is not limited to the following: 1. Identification of the specific facility, its location and permit number. 2. The expected length of time the air pollution control equipment will be out of service. -7- ------- 3. The nature and quantity of emissions of air contami- nants to occur during this period. 4. Measures, such as using off-shift labor and equipment, to be taken to minimize the emissions. 5. The reasons why, if any, it would be impossible, or impractical, to shut down the source operation during the maintenance period. 6. Steps to be taken to minimize the probability of the condition recurring. b. The Air Pollution Control Officer upon investigation concurs that the emission was unavoidable or unforeseeable. A determination that the emission was unavoidable or un- foreseeable by the Air Pollution Control Officer on one occasion shall not be binding upon successive periods when the Air Pollution Control Officer determines that immediate remedial efforts have not been instituted and corrective action has not been concluded within a reasonable time under the circumstances. (2.0) RULE 111 Circumvention A person shall not build, erect, install, or use any article, machine, equipment or other contrivance, the use of which, without resulting in a reduction in the total release of air contaminants to the atmosphere, reduces or conceals an emission which would otherwise constitute a violation of Division 20, Chapter 2, of the Health and Safety Code of the State of California or of these rules and regulations. This rule shall not apply to cases in which the only violation involved is of Section 24243 of the Health and Safety Code of the State of California or of Rule 418 of these rules and regulations. Violation of Rule 111 is a misdemeanor pursuant to the provisions of Section 24281 of the Health and Safety Code of the State of California. (2.0) RULE 112 Separation and Combination a. If air contaminants from a single source operation are emitted through two or more emission points, the total emitted quantity of any air contaminant, limited in these Regulations cannot exceed the quantity which would be the allowable emission through a single emission point; and the total emitted quantity of any such air contaminant shall be taken as the product of the highest concentration measured in any of the emission points and the exhaust gas volume through all emission points, unless the person responsible for the source operation sstablishes the correct total emitted quantity. -8- ------- b. If air contaminants from two or more source operations are combined prior to emission and there are adequate and reliable means reasonably susceptible to confir- mation and use by the control officer for establishing a separation of the components of the combined emission to indicate the nature, extent, quantity, and degree of emission arising from each such source operation, these Regulations shall apply to each such source operation separately. c. If ait contaminants from two or more source operations are combined prior to emission, and the combined emission cannot be separated according to the require- ments of Rule 113 (b), these Regulations shall be applied to the combined emission as if it originated in a single source operation subject to the most stringent limitations and requirements placed by these Regulations on any of the source operations whose air contaminants are so combined. i (15.0) RULE 113 Arrests and Notices to Appear Pursuant to the provisions of Penal Code Section 836.5 the officers and employees hereinafter set forth are authorized to arrest without a warrant and issue written notices to appear whenever they have reasonable cause to believe that the person to be arrested has committed a misdemeanor or their presence which is a violation of a rule or regulation of the Madera County Air Pollution Control District or a violation of a section of Chapter 2 of Division 20 or Chapter 3.5 of Part 1 of Division 26 of the Health and Safety Code of the State of California, or any provision of the Vehicle Code relating to the emission or control of air contaminants: Air Pollution Control Officer Supervising Air Sanitation Officer Environmental Sanitarians of the Madera County Health Department Chief Officers of the Madera County and City Fire Departments. -9- ------- (2.0) RULE 114 Severability If any provision, clause, sentence, paragraph, section or part of these Regulations or application thereof to any person or circumstance shall for any reason be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, such judgement shall not affect or invalidate the remainder of this Regulation and the application of such provision to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgement shall have been rendered and to the person or circumstance involved, and it is hereby declared to be the intent of the Madera County Air Pollution Control Board that these Regulations would have been adopted in'any case had such Invalid provisions not been included. -10- ------- REGULATION II - PERMITS (3.0) RULE 201 Permits Required a. Authority to Construct Any person building, altering or replacing any equipment, the use of which may cause the issuance of air contaminants or the use of which may eliminate or reduce or control the Issuance of air contaminants, shall first obtain authorization for such construction from the Air Pollution Control Officer. An authority to construct shall remain in effect until the permit to operate the equipment for which the application was filed is granted or denied, or the application is cancelled. b. Permit to Operate Before any equipment described in Rule 201(a) may be operated, a written permit shall be obtained from the Air Pollution Control Officer. No permit to operate shall be granted either by the Air Pollution Control Officer or the Hearing Board for any equipment described in Rule 201(a), constructed or installed without authorization as required by Rule 201(a), until the information required is pre- sented to the Air Pollution Control Officer and such equipment is altered, if necessary, and made to conform to the standards set forth in Rule 208 (Standards .for Granting Application) and elsewhere in these rules and regulations. c. Posting of Permit to Operate A person who has been granted under Rule 201(b) a permit to operate any equip- ment described in Rule 201(b), shall firmly affix such permit to operate, an approved facsimile, or other approved identification bearing the permit number upon the article, machine, equipment, or other contrivance in such a manner as to be clearly visible and accessible. In the event that the equipment is so constructed or operated that the permit to operate cannot be so placed, the permit to operate shall be mounted so as to be clearly visible in an accessible place within 25 feet of the equipment or maintained readily available at all times on the operation premises. d. Altering of Permit A person shall not willfully deface, alter, forge, counterfeit, or falsify a permit to operate any equipment. -11- ------- (2.0) RULE 202 Exemptions Any authority to construct or a permit to operate shall not be required for: a. Vehicles as defined by the Vehicle Code of the State of California but not including any article, machine, equip- ment, or other contrivance mounted on such vehicle that would otherwise require a permit under the provisions of these rules and regulations. b. Vehicles used to transport passengers or freight. c. Equipment utilized exclusively in connection with any structure, which structure is designed for and used exclusively as a dwelling for not more than four families, d. The following equipment: 1. Comfort air conditioning or comfort ventilating systems, which are not designed to remove air contaminants generated by or released from specific units or equipment. 2. Refrigeration units except those used as, or in conjunction with, air pollution control equipment. 3. Piston type internal combustion engines. 4. Water cooling towers and water cooling ponds not used for evaporative cooling of water from baro- metric jets or from barometric condenser. 5. Equipment used exclusively for steam cleaning. 6. Presses used exclusively for extruding metals, minerals, plastics, or wood. 7. Equipment used exclusively for space heating, other than boilers. 8. Equipment used for hydraulic or hydrostatic testing. 9. Equipment used in eating establishments for the purpose of preparing food for human consumption. 10. Equipment used exclusively to compress or hold dry natural gas. -12- ------- 11. Crucible-type or pot-type furnaces with a brimful capacity of less than 450 cubic inches of any molten metal. 12. Batch mixers of five cubic feet rated working capacity or less. 13. Smokehouses in which the maximum horizontal inside cross sectional area does not exceed 20 square feet. 14. Air Resources Board approved orchard heaters. The following equipment or any exhaust system or collector serving exclusively such equipment: 1. Laboratory equipment used exclusively for chemical or physical analyses and bench scale laboratory equipment. 2. Brazing, soldering, or welding equipment. 3. Ovens, mixers, and blenders used in bakeries where the products are edible and intended for human con- sumption. 4. Equipment used exclusively for forging, pressing, rolling, or drawing of metals or for heating metals immediately prior to forging, pressing, rolling or drawing. 5. Equipment using aqueous solutions for surface preparation, cleaning, stripping, etching (does not. include chemical milling), or the electrolytic plating with electrolytic polishing, or the elec- trolytic stripping of bronze, brass, cadmium, copper, iron, lead, nickel, tin, zinc, and precious metals. 6. Equipment used for washing or drying products fabricated from metal, cloth, fabric, or glass, provided that no organic materials are used in the process and that no oil or solid fuel is burned. 7. Equipment used for compression molding and injection molding of plastics. 8. Vacuum producing devices used in laboratory operations or in connection with other equipment which is exempt by Rule 201. -13- ------- 9. Equipment used for noncommercial buffing (except automatic or semi-automatic tire buffers) or polish- ing, carving, cutting, drilling, machining, routing, sanding, sawing, surface grinding or turning of ceramic artwork, ceramic precision parts, leather, metals, plastics, rubber, fiberboard, masonry, asbestos, carbon or graphite. 10. Equipment used for noncommercial carving, cutting, drilling, surface grinding, planing, routing, sanding, sawing, shredding or turning of wood, or the pressing or storing of sawdust, wood chips or wood shavings. 11. Laundry driers, extractors, or tumblers used for fabrics cleaned only with water solutions of bleach or detergents. f. Steam generators, steam superheaters, water boilers, water heaters, and closed heat transfer systems of 15,000,000 BTU per hour capacity or less that are fired exclusively with natural gas or liquified petroleum gas or any combin- ation thereof. g. Natural draft hoods, natural draft stacks, or natural draft ventilators where no organic solvents, diluents, or thinners are used. h. Containers, reservoirs, or tanks used exclusively for: 1. Dipping operations for coating objects with oils, waxes, or greases where no organic solvents, diluents, or thinners are used. 2. Dipping operations for applying coatings of natural or synthetic resins which contain no organic solvents. 3. Storage of liquified gases. 4, Unheated storage of organic materials with an initial boiling point of 300° Fahrenheit or greater. 5. The storage of fuel oils and lubricating oils. 6. Unheated solvent dispensing containers, unheated non-conveyorized solvent rinsing containers or unheated non-conveyorized coating dip tanks of 100 gallons capacity or less. -14- ------- 7. Transporting materials on streets or highways. 8. Storage of gasoline in underground tanks having a capacity of 5,000 gallons or less. i. Self-propelled mobile construction equipment other than pavement burners. j. Agricultural implements used in agricultural operations. k. Vacuum cleaning systems used exclusively for industrial, commercial, or residential housekeeping purposes. 1. Repairs or maintenance not involving structural changes to any equipment for which a permit has been granted. m. Identical replacements in whole or in part of any equipment where a permit to operate has previously been granted for such equipment. (3.0) RULE 203 Transfer A permit shall not be transferable, whether by operation of law or other- wise, either from one location to another, from one piece of equipment to another, or from one person to another. (3.0) RULE 204 Applications Every application for a permit required under Rule 201 shall be filed in the manner and form prescribed by the Air Pollution Control Officer, and shall give all the information necessary to enable the Air Pollution Control Officer to make the determination required by Rule 208 hereof. (3.0) RULE 205 Cancellation of Applications a. An authority to construct shall expire and the application shall be cancelled two years from the date of issuance of the authority to construct. b. An application for a permit to operate shall be cancelled two years from the date of filing of the application. (3.0) RULE 206 Action on Applications The Air Pollution Control Officer shall act, within a reasonable time, on a permit application and shall notify the applicant in writing of his approval, conditional approval, or denial. -15- ------- (3.0) 9.0) RULE 207 Provision of Sampling and Testing Facilities A person operating or using any equipment for which these rules require a permit shall provide and maintain such sampling and testing facilities as specified in the permit. (3.0) RULE 208 Standards for Granting Applications a. The Air Pollution Control Officer shall deny a permit except as provided 1n Rule 209, if the applicant does not show that the use of any equipment, which may cause the issuance of air contaminants, or the use of which may eliminate or reduce or control the issuance of air contam- inants, is so designed, controlled, or equipped with such air pollution control equipment, that it may be expected to operate without emitting or without causing to be emitted air contaminants in violations of Section 24242 or 24243, of the Health and Safety Code, or of these rules and regulations. b. Before a permit is granted, the Air Pollution Control Officer may require the applicant to provide and maintain such facilities as are necessary for sampling and testing purposes in order to secure information that will disclose the nature, extent, quantity or degree of air contaminants discharged into the atmosphere from the equipment described in the permit. In the event of such a requirement, the Air Pollution Control Officer shall notify the applicant in writing of the required size, number and location of sampling holes; the size and location of the sampling platform; the access to the sampling platform; and the utilities for operating the sampling and testing equip- ment. The platform and access shall be constructed in accordance with the general industry safety orders of the State of California. c. In acting upon a permit to operate, if the Air Pollution Control Officer finds that the equipment has been construc- ted not in accordance with the authority to construct, he shall deny the permit to operate. The Air Pollution Control Officer shall not accept any further application for permit to operate the equipment so constructed until he finds that the equipment has been constructed in accordance with the permit to construct. -16- ------- (3.0) RULE 209 Conditional Approval The Air Pollution Control Officer may issue an authority to construct or a permit to operate subject to conditions which will bring the operation of any equipment within the standards of Rule 208, in which case the conditions shall be specified in writing. Commencing work under such an authority to construct or operation under such a permit to operate shall be deemed acceptance of all the conditions so specified. The Air Pollution Control Officer shall issue an authority to construct or a permit to operate with revised conditions upon receipt of a new application, if the applicant demonstrates that the equipment can operate within the standards of Rule 208 under the revised conditions. (3.0) RULE 210 Denial of Applications In the event of denial of a permit, the Air Pollution Control Officer shall notify the applicant in writing of the reasons therefore. Service of this notification may be made in person or by mail, and such service may be proved by the written acknowledgement of the persons served or affidavit of the person making the service. The Air Pollution Control Officer shall not accept a further application unless the applicant has complied with the objections specified by the Air Pollution Control Officer as his reasons for denial of the permit. (3.0) RULE 211 Further Information Before acting on an application for a permit, the Air Pollution Control Officer may require the applicant to furnish information or further plans or specifications. (3.0) RULE 212 Applications Deemed Denied The applicant may at his option deem the permit denied if the Air Pollu- tion Control Officer fails to act on the application within 30 days after filing, or within 30 days after applicant furnishes the further informa- tion, plans and specifications requested by the Air Pollution Control Officer, whichever is later. (3.0) RULE,213 Appeals Within 10 days after notice by the Air Pollution Control Officer of denial of a permit, the applicant may petition the Hearing Board, in writing, for a public hearing. The Hearing Board* after notice and a public hearing held within 30 days after filing the petition, may sustain or reverse the action of the Air Pollution Control Officer; such orders may be made subject to specified conditions. -17- ------- (3.0) RULE 214 Existing Sources Existing sources, where control equipment has been installed, that were in compliance and sources that are on a compliance schedule approved by the Air Pollution Control District on the effective date of Rule 201, shall be issued a conditional permit to operate. The conditional permit to operate will not be valid if there is a significant change in the process or significant increase in production. Existing sources, requiring the installation of control equipment, shall be issued a conditional permit to operate provided that an acceptable time for compliance is filed with the Air Pollution Control Officer. The time for compliance shall include each of the following times: time for engineering, time for procurement, time for fabrication, and time for installation and adjustment. The Air Pollution Control Officer may re- quire such periodic reports on each phase of the progress toward compli- ance. Failure at any phase to make reasonable progress toward completion of such installations as are required for final compliance shall be deemed an unreasonable delay in compliance and is subject to revocation of the conditional permit to operate. ------- REGULATION III - FEES (3.0) RULE 301 Permit Fee a. Filing Fee Every applicant, except any state or local governmental agency or public district, for an authority to construct or a permit to operate equipment for which a permit is required by (the State Law or) the rules and regulations of the Air Pollution Control District, shall pay a filing fee of $20. 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 201 and no alteration, addition or transfer of location has been made, the applicant shall pay only a $10 filing fee. b. Permit Fee Every applicant, except any state or local governmental agency or public district, for a permit to operate, who files application with the Air Pollution Control Officer, shall pay 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 follow- ing 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 a permit to operate any equipment by reason of transfer of location or transfer from one person to another, or both, and where a permit to operate had pre- viously been granted for such equipment under Rule 201 and an alteration or addition has been made, the applicant shall be assessed a fee based upon the increase*in total horsepower rating, the increase in total electrical energy rating, the increase in maximum horizontal inside cross sectional area or the increase in total stationary contain- er 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 altera- tion or addition has been made, the applicant shall pay only the amount of the filing fee required herein. -19- ------- e. Alteration of Equipment Where an application is filed for an authority to construct or a permit to operate exclu- sively involving revisions to the conditions of an existing permit to operate or involving alterations or additions resulting in a change to any existing equipment holding a permit under the provisions of Rule 201 of these rules and regulations, the applicant shall be assessed a fee based upon the increase in total horsepower rating, the increase in total fuel consumption expressed in thousands of British Thermal Units (BTU) per hour, the increase in total electrical energy rating, the increase in maximum horizontal inside cross sectional area or the increase in total stationary container capacity resulting from such alterations or additions, as described in the fee schedules contained herein. Where there is no change or is a de- crease in such rating, the applicant shall pay only the amount of the filing fee required herein. f. Permit Fee Penalty After the provisions for granting permits as set forth in Chapter 2, Division 20, of the Health and Safety Code and the rules and regulations have been complied with, the applicant shall be notified by the Air Pollution Control Officer, in writing, of the fee to be paid for issuance of the permit to operate. Such notice may be given by personal service or by deposit, postpaid, in the United States Mail and shall serve as a temporary permit to operate for 30 days from the date of personal service or mailing. Nonpayment of the fee within this period of time shall result in the automatic cancel- lation of the application. g. Permit Granted by Hearing Board In the event that a permit to operate is granted by the Hearing Board after denial by the Air Pollution Control Officer or after the applicant deems his application denied, the applicant shall pay the fee prescribed in the following schedules within 30 days after the date of the decision of the Hearing Board. Nonpayment of the fee within this period of time shall result in automatic cancellation of the permit and the application. -20- ------- h. Annual Renewal Fee Annually on the anniversary of the issuance of a permit to operate granted under Rule 201, the permittee shall pay a renewal fee amounting to one- fourth of the initial permit fee under current fee schedules. The holder of permits with more than one anniversary date may adjust annual renewal payments to a single anniversary date by prorating renewal fee(s) as necessary. If the renewal fee is not paid within 30 days after it becomes due, the fee shall be increased by one- half the amount thereof, and the Air Pollution Control Officer shall thereupon promptly notify the permittee by mail of the increased fee. If the increased fee is not paid within 30 days after such notice, the permit shall be automatically revoked and the Air Pollution Control Officer shall so notify the permittee by mail. i. Multiple Locations When permits have been issued to operate movable equipment at two or more locations, only one annual renewal fee will be charged. The anniversary date on which the annual renewal fee will be due will be that noted on the original permit. j. Duplicate Permit A request for a duplicate permit to operate shall be made in writing to the Air Pollution Control Officer within 10 days after the destruction, loss or defacement of a permit to operate. A fee of $2 shall be charged, except to any state, or local governmental agency or public district, for issuing a duplicate permit to operate. (3.0) RULE 302 Permit Fee Schedules It is hereby determined that the cost of issuing permits, and of inspec- tions pertaining to such issuance exceeds the fees prescribed herein. In determining the fees to be charged, the applicable equipment within each process that requires a permit will be totalled for each schedule. In the event that more than one fee schedule is applicable to a permit to operate, the governing schedule shall be that which results in the higher fee. -21- ------- SCHEDULE 1 ELECTRIC MOTOR HORSEPOWER SCHEDULE Any equipment which may cause the emission of air contaminants where an electric motor is used as the power supply shall be assessed a permit fee based on the total rated motor horsepower of all electric motors included in any article, machine, equipment, or other contrivance, in accordance with the following schedule: Horsepower Fee Up to and Including 25 $ 20.00 Greater Than 25 but Less Than 51 28.00 Greater Than 50 but Less Than 101 48.00 Greater Than 100 but Less Than 201 76.00 Greater Than 200 but Less Than 401... 100.00 Greater Than 400 but Less Than 801 148.00 Greater Than 800 but Less Than 1,601 200.00 1,600 or Greater 252.00 SCHEDULE 2 FUEL BURNING EQUIPMENT SCHEDULE Any equipment which may cause the emission of air contaminants in which fuel is burned, with the exception of incinerators which are covered in Schedule 4, shall be assessed a permit fee based upon the design of the equipment expressed in British Thermal Units (BTU) per hour in accordance with the following schedule: 1.000 BTU Per Hour . Fee Up to and Including 150 $ 20.00 Greater Than 150 but Less Than 401 28.00 Greater Than 400 but Less Than 651 48.00 Greater Than 650 but Less Than 1,501 76.00 Greater Than 1,500 but Less Than 2,501 100.00 Greater Than 2,500 but Less Than 5,001 148.00 Greater Than 5,000 but Less Than 15,001 200.00 15,000 or Greater 252.00 -22- ------- SCHEDULE 3 ELECTRICAL ENERGY SCHEDULE Any equipment which may cause the emission of air contaminants which uses electrical energy, with the exception of electric motors covered in Schedule 1, shall be assessed a permit fee based on the total kilovolt ampere (KVA) rating, in accordance with the following Schedule: Kilovolt Amperes Fee Up to and Including 45 $ 20.00 Greater than 45 but Less Than 145 28.00 145 or Greater but Less Than 450 48.00 450 or Greater but Less Than 1,450 60.00 1,450 or Greater but Less Than 4,500. 88.00 4,500 or Greater but Less Than 14,500 , 148.00 14,500 or Greater 252.00 SCHEDULE 4 INCINERATOR SCHEDULE Any equipment designed and used primarily to dispose of combustible refuse by wholly consuming the material charged leaving only the ashes or residue shall be assessed a permit fee based on the following schedule of the maximum horizontal inside cross-sectional area, in square feet, of the primary combustion chamber: Area, in Square Feet Fee Up to and Including 8 $ 20.00 Greater Than 8 but Less Than 16 28.00 16 or Greater but Less Than 27 36.00 27 or Greater but Less Than 47... 56.00 47 or Greater but Less Than 90 76.00 90 or Greater 112.00 -23- ------- SCHEDULE 5 STATIONARY CONTAINER SCHEDULE Any stationary tank, reservoir, or other container, the contents which may emit an air contaminant shall be assessed a permit fee based on the following schedule of capacities in gallons or cubic equivalent, in accordance with the following schedule: Gallons Fee Up to and Including 5,000 $ 20.00 5,001 - 20,000 24.00 20,001 - 50,000 36.00 50,001 - 100,000.... 48.00 100,001 - 500,000 64.00 500,001 - 1,000,000 80.00 1,000,001 - Up 100.00 SCHEDULE 6 MISCELLANEOUS SCHEDULE Any article, machine, equipment or other contrivance which may cause the issuance of air contaminants as defined in Rule 102 of the rules and regulations, which is not included in the preceding schedules shall be assessed a permit of $20. (2.0) RULE 303 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 atmosphere which cannot be deter- mined by visual observation, he may order the collection of samples and the analysis made by qualified personnel of the Air Pollution Control District. The time required for collecting samples, making the analysis, and preparing the necessary reports, but excluding time required in going to and from such premises may be charged against the owner or operator of said premises 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. -24- ------- (13.0) RULE 304 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 groups requesting copies of the same, may be charged for by the district in a sum not to exceed the cost of prepar- ation and distribution of such documents. All such monies collected shall be turned into the general funds of the said district. (16.0) RULE 305 Hearing Board Fees a. Every applicant or petitioner for a variance, or for the extension, revocation or modification of a variance, or for an appeal from a denial or conditional approval of an authority to construct, permit to operate or permit to sell or rent except any state or local governmental agency or public district, shall pay the clerk of the Hearing Board, on filing, a nonreturnable fee in the sum . of $25. It is hereby determined that the cost of admin- istration of Article 5, Chapter 2, Division 20, of the Health and Safety Code exceeds $25 per petition. b. Any person requesting a transcript of the hearing shall pay the cost of such transcript. c. This rule shall not apply to petitions filed by the Air Pollution Control Officer. -25- ------- REGULATION IV - PROHIBITIONS (50.1.2) RULE 401 Visible Emissions A person shall not discharge into the atmosphere from any single source of emission whatsoever, any air contaminant for a period or periods aggregating more than 3 minutes in any one hour which is: a. As dark or darker in shade as that designated as No. 1 on the Ringelmann Chart, as published by the United States Bureau of Mines. b. Of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke described in subsection (a) of this rule. (2.0) RULE 402 Exceptions The provisions of Rule 401 do not apply to: a. Smoke from fires set by or permitted by any public officer, if such fire is set or permission given in the performance of the official duty of such officer, and such fire in the opinion of such officer is necessary. 1. For the purpose of the prevention of a fire or health hazard which cannot be abated by any other means, or 2. For instruction of public employees in the methods of fighting fire. b. Smoke from fires set pursuant to permit on property used for industrial purposes for the purpose of instruction of employees in methods of fighting fire. c. Agricultural operations in the growing of crops or raising of fowl or animals. d. The use of an orchard or citrus grove heater which does not produce unconsumed solid carbonaceous matter at a rate in excess of one (1) gram per minute. e. The use of other equipment in agricultural operations in the growing of crops, or the raising of fowl or animals. f. Smoke or fumes which result from acts of God. -26- ------- (50.1.2) RULE 403 Wet Plumes Where the presence of uncombined water is the only reason for the failure of an emission to meet the limitation of Rule 401, that rule shall not apply. The burden of proof which establishes the application of this rule shall be upon the person seeking to come within its pro- visions. (50.1) RULE 404 Particulate Matter A person shall not release or discharge into the atmosphere from any source of single processing unit whatsoever dust, fumes, or particulate matter emissions in excess of 0.1 grains per cubic foot of gas at standard conditions. (50.1) RULE 405 Particulate Matter - Emission Rate A person shall not discharge into the atmosphere from any source operation particulate matter in excess of that allowed by Rule 406. This rule shall be effective on the date of adoption for any equipment not then completed and put into service. As to all other equipment this rule shall be effective on January 1, 1974. (50.1.1) RULE 406 Process Weight Chart ALLOWABLE RATE OF EMISSION BASED ON PROCESS WEIGHT RATE Process Weight Emission Rate Rate Lbs./Hr. 50... 100 500 1,000... 5,000 10,000 20,000. 60,000 80,000 120,000 160,000 200,000 400,000 1,000,000 Tons/Hour 0.025 .0.05 0.25 ..0.50 2.5 ..5.0 10.0 ..30.0 40.0 60.0 80.0 100.0 200.0 500.0 Lbs./Hr. 0.36 0 55 1.53 2 . 34 6 34 9.73 14.99 29.60 . . . 31 19 . . 33 . 28 34.85 36 11 40 35 46.72 -27- ------- Interpolation of the data for the process weight rates up to 60,000 Ibs./hr. shall be accomplished by the use of the equation: E=3.59 p°'62 p«^30 tons/hr. And interpolation and extrapolation of the data for process weight rates in excess of 60,000 Ibs./hr. shall be accomplished by use of the equation: E=17.31 p°'16 p.>30 tons/hr. Where: E=Emissions in pounds per hour. P=Process Weight rate in tons per hour. (50.2) RULE 407 Sulfur Compounds A person shall not discharge into the atmosphere sulfur compounds, which would exist as a liquid or gas at standard conditions, exceeding in concentration at the point of discharge: 0.2 percent by volume calculated as sulfur dioxide (S02). (51.9) RULE 407j Disposal of Solid and Liquid Waste A person shall not discharge into the atmosphere from any incinerator or other equipment used to dispose of combustible refuse by burning, particulate matter in excess of 0.1 grain per cubic foot of gas calculated to 12 percent of carbon dioxide (C02) at standard conditions. Any carbon dioxide (C02) produced by combustion of any liquid or gaseous fuels shall be excludea from the calculation to 12 percent of carbon dioxide (C02). (51.5) RULE 407.2 Fuel Burning Equipment - Combustion Contaminants A person shall not discharge into the atmosphere combustion contaminants exceeding in concentration at the point of discharge, 0.1 grain per cubic foot of gas calculated to 12 percent of carbon dioxide (C0?) at standard conditions. (51.5) RULE 408 Fuel Burning Equipment (51.6) (51.7) -A person shall not build, erect, install or expand any nonmobile fuel burning equipment unit unless the discharge into the atmosphere of contaminants will not and does not exceed any one or more of the follow- ing rates: a. 200 pounds per hour of sulfur compounds, calculated as sulfur dioxide (S02); b. 140 pounds per hour of nitrogen oxides, calculated as nitrogen dioxide (N02); -28- ------- c. 10 pounds per hour of combustion contaminants as defined in Rule 102 and derived from the fuel. For the purpose of this Rule, "Fuel Burning Equipment" means any furnace, boiler, apparatus, stack, and all appurtenances thereto, used in the process of burning fuel for the primary purpose of producing heat or power by indirect heat transfer. A fuel burning unit shall be comprised of the minimum number of fuel burning equipment, the simultaneous oper- ations of which are required for the production of useful heat or power. (50.4) RULE 409 Organic Solvents a. No person shall discharge into the atmosphere more than 15 pounds of organic materials in any 1 day from any article, machine, equipment, or other contrivance in which any organic solvent or any material containing organic solvent comes into contact with flame or is baked, heat- cured, or heat-polymerized in the presence of oxygen, unless said discharge has been reduced by at least 85 percent. Those portions of any series of articles, machines, equipment or other contrivances designed for processing continous web, strip, or wire that emit organic materials in the course of using operations described in this section shall be collectively subject to compliance with this section. b. A person shall not discharge to the atmosphere more than 40 pounds of organic materials in any 1 day from any article, machine, equipment, or other contrivance used under conditions other than those described in paragraph (a) of this section for employing or applying any photo- chemical ly reactive solvent, as defined in paragraph (k) of this section, or material containing such photochemi- cal ly reactive solvent, unless said discharge has been reduced by at least 85 percent. Emissions of organic materials into the atmosphere resulting from air or heated- drying of products for the first 12 hours after their removal from any article, machine, or other contrivance described in this section shall be included in determining compliance with this paragraph. Emissions resulting from baking, heat-curing, or heat-polymerizing as described in paragraph (a) of this section shall be excluded from determination of compliance with this section. Those portions of any series of articles, machines, equipment, or other contrivances designed for processing a continuous web, strip, or wire that emit, organic materials in the course of using operations described in this section shall be collectively subject to compliance with this section. -29- ------- c. A person shall not, after August 31, 1976), discharge into the atmosphere more than 3,000 pounds of organic materials in any 1 day from any article, machine, equipment, or other contrivance in which any non-photochemical1y reactive organic solvent or any material containing such a solvent is employed or applied, unless said discharge has been reduced by at least 85 percent. Emissions of organic materials into the atmosphere resulting from air or heated- drying of products for the first 12 hours after their removal from any article, machine, equipment, or other contrivance described in this section shall be included in determining compliance with this section. Emissions re- sulting from baking, heat-curing, or heat-polymerizing as described in paragraph (a) of this section shall be exclu- ded from determination of compliance with this section. Those portions of any series of articles, machines, equip- ment, or other contrivances designed for processing a continuous web, strip, or wire that emit organic materials in the course of using operations described in this section shall be collectively subject to compliance with this section. d. Emissions of organic materials to the atmosphere from the cleanup with photochemically reactive solvent, as defined in section (k), of any article, machine, equipment or other contrivance described in sections (a), (b), or (c), shall be included with other emissions of organic materials from that article, machine, equipment or other contrivance for determining compliance with this rule. e. Emissions of organic materials to the atmosphere as a result of spontaneously continuing drying of products for the first 12 hours after their removal from any article, machine, equipment or other contrivance described in sections (a), (b), or (c), shall be included with other emissions of organic materials from that article, machine, equipment or other contrivance for determining compliance with this rule. f. Emissions of organic materials into the atmosphere required to be controlled by sections (a), (b), or (c), shall be reduced by: 1. Incineration, provided that 90 percent or more of the carbon in the organic material being incinerated is oxidized to carbon dioxide, or 2. Adsorption, or -30- ------- 3. Processing in a manner determined by the Air Pollution Control Officer to be not less effective than (1) or (2) above. g. A person incinerating, adsorbing, or otherwise processing organic materials pursuant to this rule shall provide, properly install and maintain in calibration, in good working order and in operation, devices as specified in the authority to construct or the permit to operate, or as specified by the Air Pollution Control Officer, for indicating temperatures, pressures, rates of flow or other operating conditions necessary to determine the degree and effectiveness of air pollution control. h. Any person using organic solvents or any materials con- taining organic solvents shall supply the Air Pollution Control Officer, upon request and in the manner and form prescribed by him, written evidence of the chemical composition, physical properties and amount consumed for each organic solvent used. i. The provisions of this rule shall not apply to: 1. The manufacture of organic solvents, or the transport or storage of organic solvents or materials contain- ing organic solvents. 2. The use of equipment for which other requirements are specified by Rules 410, 411, 412, and 413, or which are exempt from air pollution control requirements by said rules. 3. The spraying or other employment of insecticides, pesticides or herbicides. 4. The employment, application, evaporation or drying of saturated halogenated hydrocarbons or perchloroethy- lene. 5. The use of any material, in any article, machine, equipment or other contrivance described in sections (a), (b), (c) or (d), if: (1) the volatile content of the material consists only of water and solvents and (2) the organic solvents content comprises not more than 20% by volume of the total volatile content and -31- ------- (3) the volatile content is not photochemically reactive and (4) the organic solvent does not come into contact with flame. 6. The use of any material in any article, machine, equipment or other contrivance described in sections (a), (b), (c) or (d) if: (1) until January 1, 1977, the organic solvent content of a material does not exceed 30% by volume of said material; after January 1, 1977, the organic solvent content of such material shall not exceed 20% by volume and (2) the volatile content is not photochemically reactive and (3) the organic solvent content does not come into contact with flame. j. For the purposes of this rule, organic solvents include diluents and thinners and are defined as organic materials which are liquids at standard conditions and which are used as dissolvers, viscosity reducers or cleaning agents, except that such materials exhibiting a boiling point higher than 220° F at 0.5 millimeter mercury absolute pressure or having an equivalent vapor pressure shall not be considred to be solvents unless exposed to temper- atures exceeding 220° F. k. For the purposes of this rule, a photochemically reactive solvent is any solvent with an aggregate of more than 20 percent of its total volume composed of the chemical compounds classified below or which exceeds any of the following individual percentage composition limitations, referred to the total volume of solvent: 1. A combination of hydrocarbons, alcohols, aldehydes, esters, ethers or ketones having an olefinic or cycloolefinic type of unsaturation: 5 percent; 2. A combination of aromatic compounds with eight or more carbon atoms to the molecule except ethyl benzene: 8 percent; 3. A combination of ethyl benzene, ketones having branched hydrocarbon structures trichloroethylene or tuoluene: 20 percent. -32- ------- Whenever any organic solvent or any constituent of an organic solvent may be classified from its chemical structure into more than one of the above groups of organic compounds, it shall be considered as a member of the most reactive chemical group; that is, that group having the least allowable percentage of the total volume of solvents. For the purpose of this rule, organic materials are defined as chemical compounds of carbon excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides, metallic carbonates and ammonium carbonate. (50.4) RULE 409;1 Architectural Coatings a. A person shall not sell or offer for sale or use in Madera County, in containers of one quart capacity or larger, any architectural coating containing photochemically reactive solvents, as defined in Rule 409 (k). b. A person shall not employ, apply, evaporate or dry in Madera County any architectural coating, purchased in containers of one quart capacity or larger, containing photochemically reactive solvents, as defined in Rule 409 (k). c. A person shall not thin or dilute any architectural coating with photochemically reactive solvents, as defined in Rule 409 (k). d. For the purposes of this rule, an architectural coating is defined as a coating used for residential or com- mercial buildings and their appurtenances; or industrial buildings. (50.4) RULE 409.2 Disposal and Evaporation of Solvents A person shall not during any one day dispose of a total of more than 1 1/2 gallons of any photochemically reactive solvents as defined in Rule 409 (k), or of any material containing more than 1 1/2 gallons of any such photochemically reactive solvent into the atmosphere. -33- ------- (51.16) RULE 410 Storage of Petroleum Products A person shall not place, store or hold in any stationary tank, reservoir or other container of more than 40,000 gallons capacity any gasoline or any petroleum distillate having a vapor pressure of 1.5 pounds per square inch absolute or greater under actual storage conditions, unless such tank, reservoir or other container is a pressure tank maintaining working pressures sufficient at all times to prevent hydrocarbon vapor or gas loss to the atmosphere, or is designed and equipped with one of the following vapor loss control devices, properly installed, in good working order and in operation: a. A floating roof, consisting of a pontoon type or double- deck type roof, resting on the surface of the liquid contents and equipped with a closure seal, or seals, to close the space between the roof edge and tank wall. The control equipment provided for in this paragraph shall not be used if the gasoline or petroleum distillate has vapor pressure of 11.0 pounds per square inch absolute or greater under actual storage conditions. All tank gauging and sampling devices shall be gas-tight except when gaug- ing or sampling is taking place. b. A vapor recovery system, consisting of a vapor gathering system capable of collecting the hydrocarbon vapors and gases discharged and a vapor disposal system capable of processing such hydrocarbon vapors and gases so as to prevent their emission to the atmosphere and with all tank gauging and sampling devices gas-tight except when gauging or sampling is taking place. c. Other equipment of equal efficiency, provided such equip- ment is submitted to and approved by the Air Pollution Control Officer. (51.16) RULE 411 Gasoline Storage Except as hereinafter provided, no person shall install or maintain any stationary gasoline storage tank with a capacity of 250 gallons or more which is not equipped for leading through a permanent submerged fill pipe, unless, such tank is a pressure tank as described in the Health and Safety Code Section 39068.3, or is equipped with a vapor recovery system as described in the Health and Safety Code Section 39068.4, or with a floating roof as described in the Health and Safety Code Section 39068.5, or unless such tank is equipped with other apparatus of equal efficiency which has bean approved by the Air Pollution Control Officer. -34- ------- The provisions of this rule shall not apply to any stationary tanks in- stalled prior to December 31, 1970. For the purpose of this rule, 'gasoline1 means any petroleum distillate having a Reid vapor pressure of four pounds or greater. For the purpose of this section, 'submerged fill pipe' means any fill pipe which has its discharge opening entirely submerged when the liquid level is six inches above the bottom of the tank. 'Submerged fill pipe,' when applied to a tank which is loaded from the side, means any fill pipe which has its discharge opening entirely submerged when the liquid level is 18 inches above the bottom of the tank. (51.16) RULE 411.1 Transfer of Gasoline into Stationary Storage Containers A person shall not transfer or permit the transfer of gasoline from any tank truck or trailer into any stationary storage container with a capacity of more than 250 gallons unless such container is equipped with a submerged fill pipe and unless 90 percent by volume.of the gasoline vapors displaced during the filling of the stationary storage container are prevented from being released to the atmosphere. No person shall use, operate, or store gasoline in a delivery vessel into which vapors are displaced unless the vessel is designed and maintained to be vapor-tight at all times. Any. delivery vehicle laden with gasoline vapors shall be refilled at a bulk place which is equipped to recover at least 90 percent by volume of the gasoline vapors displaced during the filling of the delivery vehicle. The provisions of this Rule shall not apply to the following: 1. The transfer of gasoline into stationary storage con- tainers used exclusively for the fueling of implements of husbandry as such vehicles are defined in Division 16 (Section 36000 et seq.) of the California Vehicle Code; 2. The transfer of gasoline from any stationary storage container which was installed prior to January 1, 1975; or 3. Gasoline delivery vehicles which exclusively service store containers which are exempt from the provisions of this Rule. The owner or operator of any stationary storage container which is subject to this Rule and which is installed on or after January 1, 1975 shall com- ply with the provisions of this Rule at the time of installation. -35- ------- Vapor-return and/or vapor recovery systems used to comply with the pro- visions of this Rule shall comply with all safety, fire, weights and measures, and other applicable codes and/or regulations. For the purpose of this Rule, the term "gasoline" is defined as any petroleum distillate having a Reid vapor pressure of 4 pounds or greater. (51.16) RUIE 411.2 Transfer of Gasoline into Vehicle Fuel Tanks A person shall not transfer or permit the transfer of gasoline into any motor vehicle fuel tank of greater than 5 gallons capacity unless such transfer is made in a manner by which the emissions to the atmosphere of the gasoline vapors displaced during filling of the vehicle fuel tank are reduced by at least 90 percent by volume. If it is demonstrated that it is impractical to comply with the provisions of this Rule as a result of vehicle fill neck configuration, location, or other design feature for vehicles in existence or in production at the time of adoption of this Rule, the Air Pollution Control Officer may find and order that the provisions of this Rule shall not apply during the filling of such vehicles. In no case, however, shall such configuration exempt any gasoline dispensing facility from installing and using in the most effective manner practicable, control equipment required by this Rule. The provisions of this Rule shall not apply to the following: 1. The fueling of implements of husbandry, as such vehicles are defined in Division 16 (Section 36000 et seq.) of the California Vehicle Code; 2. The transfer of gasoline from any stationary storage con- tainer which was installed prior to January 1, 1975; or 3. The transfer of gasoline from any stationary storage con- tainer of a capacity of 250 gallons or less. Any gasoline dispensing system subject to this Rule, installed on or after January 1, 1975,shall comply with the provisions of this Rule at the time of installation. Gasoline dispensing equipment used to comply with the provision of this Rule shall comply with all applicable safety, fire, weights and measures, and other applicable codes and/or regulations. For the purpose of this Rule, the term "gasoline" is defined as any petroleum distillate having a Reid vapor pressure of 4 pounds or greater. -36- ------- (51.16) RULE 412 Organic Liquid Loading A person shall not load organic liquids having a vapor pressure of 1.5 pounds per square inch or greater under actual loading conditions into any tank truck, trailer, or railroad tank car from any loading facility unless the loading facility is equipped with a vapor collection and disposal system on its equivalent approved by the Air Pollution Control Officer. Loading shall be accomplished in such a manner that all displaced vapor and air will be vented only to the vapor collection system. Measures shall be taken to prevent liquid drainage from the loading device when it is not in use or to accomplish complete drainage before the loading device is disconnected. The vapor disposal portion of the vapor collection and disposal system shall consist of one of the following: a. An absorber system or condensation system which processes all vapors and recovers at least 90 percent by weight of the organic vapors and gases from the equipment being controlled. b. A vapor handling system which directs all vapors to a fuel gas system. c. Other equipment of an efficiency equal to or greater than (a) or (b) if approved by the Air Pollution Control Officer. This Rule shall apply only to the loading of organic liquids having a vapor pressure of 1.5 pounds per square inch or greater than actual loading conditions at a facility from which at least 20,000 gallons of such organ- ic liquids are loaded in any one day. "Loading Facility", for the purpose of this Rule, shall mean any aggrega- tion or combination of organic liquid loading equipment which is both (1) possessed by one person, and (2) located so that all the organic liquid loading outlets for such aggregation or combination of loading equipment can be encompassed within any circle of 300 feet in diameter. -37- ------- (51.16) RULE 413 Effluent Oil Water Separators A person shall not use any compartment of any vessel or device operated for the recovery of oil from effluent water which recovers 200 gallons a day or more of any petroleum products from any equipment which process- es, refines, stores, or handles hydrocarbons with a Reid vapor pressure of 0.5 pounds or greater, unless such compartment is equipped with one of the following vapor loss control devices, except when gauging or sampling is taking place: a. A solid cover with all openings sealed and totally en- closing the liquid contents of that compartment. b. A floating pontoon or double-deck type cover, equipped with closure seals, to enclose any space between the cover's edge and compartment wall. c. A vapor recovery system which reduces the emission of all hydrocarbon vapors and gases into the atmosphere by at least 90 percent by weight. d. Other equipment of an efficiency equal to or greater than (a), (b), or (c), if approved by the Air Pollution Control Officer. This Rule shall not apply to any oil-effluent water separator used exclu- sively in conjunction with the production of crude oil, if the water fraction of the oil-water effluent entering the separator contains less than 5 parts per million hydrogen sulfide, organic sulfides, or a combin- ation thereof. -38- ------- (51.21) RULE 414 Reduction of Animal Matter A person shall not operate or use any article,, machine, equipment or other contrivance for the reduction of animal matter unless all gases, vapors and gas-entrained effluents from such an article, machine, equip- ment or other contrivance are: a. Incinerated at temperatures of not less than 1200 degrees Fahrenheit for a period of not less than 0.3 seconds, or b. Processed in such a manner determined by the Air Pollution Control Officer to be equally, or more effective for the purpose of air pollution control than (a) above. A person incinerating or processing gases, vapors or gas-entrained effluents pursuant to this Rule shall provide, properly install and maintain in calibration, in good working order and in operation devices, as specified in the Authority to Construct or Permit to Operate or as specified by the Air Pollution Control Officer, for indicating temper- ature, pressure or other operating conditions. For the purpose of this Rule, "reduction" is defined as any heated process, including rendering, cooking, drying, dehydration, digesting, evaporating and protein concentrating. The provisions of this Rule shall not apply to any article, machine, equipment or other contrivance used exclusively for the processing of food for human consumption. (51.13) RULE 415 Open Burning No person shall burn any refuse or other material in an open outdoor fire within the boundaries of the Madera County Air Pollution Control District. (2.0) RULE 416 Exceptions The exceptions to the Open Burning Rule 415 are as follows: a. When such fire is set or permission for such fire is given in the performance of the official duty of any public officer, and such fire in the opinion of such officer is necessary for the purpose of the prevention of a fire hazard which cannot be abated by any other means, or for the instruction of public or industrial employees p_r volunteer firemen in methods of fire fighting. b. Safety flares for the combustion of waste gases. c. Fires used only for cooking of food for human beings. -39- ------- d. When the material to be burned is residential rubbish and originates on and is being burned on premises not served by an organized solid waste disposal service, or available to a disposal site. e. Backfires or other fire control methods used for the purpose of controlling an existing wild fire. f. These exceptions shall not apply to the burning of rubbish of any industrial, commercial, or institutional facilities wherever located, or to a residential facility constructed for use of more than 2 families. g. Burning for right-of-way clearing, levee and ditch bank maintenance, or open burning at dumps by a public entity or utility when a permit is obtained from the control district. This exception shall be subject to all the provisions of RULE 416.1. h. Conducting agricultural operations in the growing of crops, or raising of fowl, animals, or bees on a farm for the primary purpose of making a profit or for a livelihood; forest management, or range imp>ovement. subject to all the requirements in RULE 416.1 (51,13) **u^ 416.1 Agricultural Burning a. General Definitions 1. "Agricultural burning" means open outdoor fires used in agricultural operations in the growing of crops or raising of fowl or animals, forest management, or range improvement of land for wildlife and game habitat. 2. Open Burning in Agricultural Operations in the grow- ing of crops or raising of fowl or animals means: a. The burning in the open of materials produced wholly from operations in the growing and har- vesting of crops or raising of fowl or animals for the primary purpose of making a profit, of providing a livelihood, or of conducting agri- cultural research or instruction by an educa- tional institution; and b. In connection with operations qualifying under Subdivision 1: -40- ------- (1) This also includes, for the purpose of cultural practice burns, the burning of fence rows and ditch banks for weed control and weed abatement, and burning in non- tillage orchard operations. (2) The burning of material not produced wholly from such operations, but which are in- timately related to the growing or harvest- ing of crops and which are used in the field, except as prohibited by district regulations. Examples are trays for drying raisins, and pesticide and fertilizer sacks which are emptied in the field. 3. "Range improvement burning" means the use of open fires to remove vegetation for a wildlife, game or livestock habitat or for the initial establishment of an agricultural practice on previously unculti- vated land. 4. "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, silvicultural practices or forest protection practices. 5. "Brush treated" means that the material to be burned has been felled, crushed or uprooted with mechanical equipment, or has been desiccated with herbicides. 6. "Timber operations" means cutting or removal of timber or other forest vegetation for the purpose of producing commercial forest products. 7. "Silvicultural" means the establishment, development, care and reproduction of stands of timber. 8. "Board" means the State Air Resources Board or any person authorized to act on its behalf. 9. "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 ars so designated within their respective areas of jurisdiction. -41- ------- 10. "No-Burn" day means any day on which agricultural burning is prohibited by the Board. 11. A "permissive-burn" day means any day on which agricultural burning is not prohibited by the Board. 12. "District" means the Air Pollution Control District of Madera County. 13. "Approved ignition devices" includes those instruments or materials that will ignite agricultural waste with- out 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 flares, but does not include the use of tires, tar paper, oil, and other similar materials. b. Prohibitions ~ General 1. No person shall knowingly set or permit agricultural burning unless he has a valid permit from the fire control agency designated by the Air Pollution Control Board to issue such permits in the area where the agricultural burn will take place. (a) Each fire control agency so designated by the Board shall issue agricultural burning permits subject to the Rules and Regulations of the Board and District. 2. 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. 3. A permit shall not be issued to an applicant unless information is provided as required by the District. 4. No burn shall be conducted unless a notice of intent is given by the permittee to the fire control agency having jurisdiction over the site of the proposed burn. 5. A permit shall not be valid for any day during a period in which agricultural burning is prohibited by the Board. 6. A permit shall not be valid for any day in which burning is prohibited by the designated fire control agency having jurisdiction over the site of the burn for the purposes of fire control or prevention. -42- ------- 7. No material shall be burned unless it is free of tires, rubbish, tar paper, construction debris, used pesticide containers except sacks and any material that is not produced in any agricultural operation. 8. Material stacked for burning shall not be burned unless it is loosely stacked in such a manner as to promote drying and insure combustion with a minimum of smoke production. 9. Material shall not be burned unless it is free of excessive dirt, soil and visible surface moisture. 10. Material to be burned shall be ignited with an approved ignition device. 11. Material shall not be burned unless it has been allowed to dry for the following minimum time periods: (a) Open burning in agricultural operations (1) Rice Stubble: 4 days following harvest (2) Dry cereals: 0 days (3) Prunings & Small Branches: 3 weeks (4) Large Branches & Trees: 6 weeks (b) Range improvement burning (1) Treated brush & unwanted trees: 6 months (c) Forest management burning (1) As required by designated agency issuing the permit. 12. No material shall be burned except during daylight hours, and all burning shall be terminated by sunset of each day. No material shall be added to an exist- ing fire after 3:00 p.m., Pacific Standard Time (unless an exception has been granted). -43- ------- 13. No agricultural burning shall be permitted which will create a nuisance as defined in Section 24243 of the California State Health and Safety Code. 14. All burning shall be ignited as rapidly as practicable within applicable fire control restrictions. 15. The Air Pollution Control Officer may restrict agri- cultural burning to selected permittees on designated Burn Days if the total tonnage to be ignited would discharge a volume of contaminants into the atmosphere sufficient to cause adverse conditions. c. Prohibitions — Range Improvement Burning 2. No brush or unwanted trees shall be burned unless it has been brush treated at least six months prior to the burn provided that it is economically and tech- nically feasible. 3. If the burning is to be done primarily for improve- ment 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. d. Prohibitions — Forest Management Burning 1. Unless good silvicultural practice dictates otherwise, material shall not be burned until it has been windrowed or piled where possible. e. Exceptions 1. Exception to Rule 416.1 (b-5 and b-11) The Air Pollu- tion Control Office may grant an exception to allow burning on a No-Burn Day so designated by the Board, and in certain situations to allow burning to continue past sunset of each day, when denial of such permit would threaten imminent and substantial economic loss. The granting of an exception does not exempt the applicant from any other district of fire control regulation. The applicant shall submit in writing, on the form provided, his reasons for the exception. The Air Pollution Control Officer may seek the advice of the County Agricultural Commissioner, the County Farm Advisor, or other informed sources. -44- ------- Empty sacks which contained pesticides or other toxic substances, may be burned on a No-Burn Day providing the sacks are within the definition of "open burning in agricultural operations in the growing of crops or raising of fowl or animals". Agricultural burning at 4,000 feet or more above sea level is exempt from Rule 416.1 (b-5). f. Penalty 1. A violation of the provisions of these Rules and Regulations is a misdemeanor punishable by imprison- ment in the county jail not exceeding six (6) months , or by fine not exceeding 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. (51.9) RULE 417 Incinerator Burning A person shall not burn in any incinerator with the County Air Pollution Control District except in a multiple chamber incinerator as described in Rule 102 (q), or in equipment found by the Air Pollution Control Officer to be equally effective for the purpose of air pollution control as an approved multiple-chamber incinerator. The incineration of resi- dential rubbish as permitted in Rule 416(d) shall be conducted in accor- dance with the Uniform Fire Code. (50.7) RULE 418 Nuisance A person shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance or annoyance to any considerable number of persons or to the public or which endanger the comfort, repose, health or safety of any such person or the public or which cause or have a natural tendency to cause injury or damage to business or property. (2.0) RULE 419 Exception The provisions of Rule 418 do not apply to odors emanating from agricul- tural operations in the growing of crops or raising of fowl or animals. •-45- ------- (51.1) RULE 420 Orchard Heaters a. Definition "Orchard Heater" means any article, machine, or equipment, or other contrivance burning any type of fuel, or charcoal briquettes or similar substances burned by an open flame, capable of being used for the purpose of giving protection from frost damage. For the purpose of this Rule, "Orchard Heater" shall include heaters used for frost protection for orchards, vineyards, field crops and truck crops. The contrivance commonly known as a wind machine is not included. b. No new orchard heater produced or manufactured shall be sold for use against frost damage after January 1, 1971, unless it has been approved by the State Air Resources Board. c. No person shall use any orchard heater after January 1, 1973, unless it has been approved by the State Air Resources Board or does not produce more than one gram per minute of unconsumed solid carbonaceous material. d. It shall be unlawful to sell, or offer to sell for frost protection any orchard heater which does not comply with Rule 420 (c). e. All orchard heaters shall be maintained in reasonably clean condition, good repair and working order. Whenever orchard heaters are burning, they must be adequately attended and supervised to maintain the condition, adjustment and proper operation of the orchard heaters. f. It shall be unlawful for any person, for the purpose of frost protection, to burn any rubber, rubber tires, or other substance containing rubber, or to burn oil or other com- bustible substances in drums, pails or other containers except orchard heaters. -46- ------- REGULATION V - PROCEDURE BEFORE THE HEARING BOARD (2.0) RULE 501 Applicable Articles of the Health and Safety Code The provisions of Article 5 and Article 6, Chapter 2, Division 20, of the State of California Health and Safety Code, respectively entitled Variances and Procedure. (2.0) RULE 502 General This Regulation shall apply to all hearings before the Hearing Board of the Air Pollution Control District. (2.0) RULE 503 Filing Petitions Requests for hearing shall be initiated by the filing of a petition in triplicate with the clerk of the Hearing Board, and the payment of the fee of $25 provided for in Rule 305 of these Rules and Regulations, after service of a copy of the petition has been made on the Air Pollution Control Officer and one copy on the holder of the permit or variance, if any, involved. Service may be made in person or by mail, and service may be proved by written acknowledgment of the person served or by the affidavit of the person making the service. (2.0) RULE 504 Contents of Petitions Every petition shall state: a. The name, address and telephone number of the petitioner, or other person authorized to receive service of notices. b. Whether the petitioner is an individual, co-partner, corporation or other entity, and names and addresses of the partners if a co-partnership, names and addresses of the officers if a corporation, and the names and addresses 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. d. A brief description of the article, machine, equipment or other contrivance, if any, involved in the application. a. The Section or Rule under which the petition is filed; that is, if petitioner desires a hearing: 1. To determine whether a permit shall be revoked, suspended, or reinstated under Section 24274 of the Health and Safety Code of the State of California. -47- ------- 2. For a variance under Section 24292 of the Health and Safety Code of the State of California. 3. To revoke or modify a variance under Section 24298 of the Health and Safety Code of the State of California. 4. To review the denial or conditional granting of an authority to construct or permit to operate under Rule 201 of these Rules and Regulations. f. Each petition shall be signed by the petitioner, or by some person on his behalf, and where the person signing is not the petitioner, it shall set forth his authority to sign. g. Petitions for revocation of permits shall allege in addition the Rule under which permit was granted, the Rule or Section which is alleged to have been violated, together with a brief statement of the facts constituting such alleged violation. h. Petitions for reinstatement of suspended permits shall allege in addition the Rule under which the permit was granted, the request and alleged refusal which formed the basis for such suspension, together with a brief statement as to why information requested, if any, was not furnished; whether such information is believed by petitioner to be pertinent, and if so, when it will be furnished. i. AH petitions shall be typewritten, double spaced, on legal or letter size paper, on one side of the paper only, leaving a margin of at least one inch at the top and left side of each sheet. (5.0) RULE 505 Petitions for Variances In addition to the matters required by Rule 504, petitions for variances shall state briefly: a. The Section, Rule or order complained of. b. The facts showing why compliance with the Section, Rule, or order is unreasonable. -48- ------- c. For what period of time the variance is sought and why. Include a compliance schedule which shows the dates when the following milestones will be or were completed: 1. Submission of final control plans 2. Issuance of contracts or purchase orders for the process and control equipment 3. Initiation of on site construction of process or control equipment 4. Completion of process and control equipment 5. Final compliance d. The damage or harm resulting, or which would result, to petitioner from a compliance with such Section, Rule or order. e. The requirements which petitioner can meet and the date when petitioner can comply with such requirements. f. The advantages and disadvantages to the residents of the district resulting from requiring compliance or resulting from granting a variance. g. Whether or not operations under such variance, if granted, would constitute a nuisance. h. Whether or not any case involving the same identical equip- ment or process is pending in any court, civil or criminal. i. Whether or not the subject equipment or process is covered by a permit to operate issued by the Air Pollution Control Officer. (2.0) RULE 506 Appeal From Denial A petition to review a denial or conditional approval of a permit shall, in addition to the matters required by Rule 504, set forth a summary of the application or a copy thereof and the alleged reasons for the denial or conditional approval and the reasons for appeal. (2.0) RULE 507 Failure to Comply with Rules The clerk of the Hearing Board shall not accept for filing any petition which does not comply with these Rules relating to the form, filing and service of petitions unless the chairman or any two members of the Hearing Board direct otherwise and confirm such direction in writing. Such direction ne^d not be made at a meeting of the Hearing Board. The chair- man 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. -49- ------- (2.0) RULE 508 Answers Any person may file an answer within 10 days after service. All answers shall be served the same as petitions under Rule 503. (2.0) RULE 509 Dismissal of Petition The petitioner may dismiss his petition at any time before submission of the case to the Hearing Board, without a hearing or meeting of the Hearing Board. The clerk of the Hearing Board shall notify all inter- ested persons of such dismissal. (16.0) RULE 510 Place of Hearing All hearings shall be held at a place designated by the Hearing Board. (16.0) RULE 511 Notice of Hearing The clerk of the Hearing Board shall mail or deliver a notice of hearing to the petitioner, the Air Pollution Control Officer, the holder of the permit or variance involved, if any, and to any person entitled to notice under Sections 24275, 24295, or 24299 of the Health and Safety Code. (2.0) RULE 512 Evidence a. Oral evidence shall be taken only on oath or affirmation. b. Each party shall have these rights: (1) to call and examine witnesses; (2) to introduce exhibits; (3) to cross-examine opposing witnesses on any matter rele- vant to the issues even though that matter was not covered in the direct examination; (4) to impeach any witness regardless of which party first called him to testify; (5) and to rebut the evidence against < him. If respondent does not testify in his own behalf, he may be called and examined as if under cross-examination. -50- ------- 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 on in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make im- proper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recog- nized in civil actions, and irrelevant and unduly repeti- tious evidence shall be excluded. (2.0) RULE 513 Preliminary Matters Preliminary matters such as setting a date for hearing, granting contin- uances, approving petitions for filing, allowing amendments and other preliminary rulings not determinative of the merits of the case may be made by the chairman or any two members of the Hearing Board without a hearing or meeting of the Hearing Board and without notice. (2.0) RULE 514 Official Notice The Hearing Board may take official notice of any matter which may be judicially noticed by the courts of this State. (2.0) RULE 515 Continuances The chairman or any two members of the Hearing Board shall grant any continuance of 15 days or less, concurred in by petitioner, the Air Pollution Control Officer and by every person who has filed an answer in the action and may grant any reasonable continuance; in either case, such action may be exparte, without a meeting of the Hearing Board and without prior notice. (2.0) RULE 516 Decision The decision shall be in writing, serviced and filed within 15 days after submission of the cause by the parties thereto and shall contain a brief statement of facts found to be true, the determination of the issues pre- sented 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. -51- ------- (2.0) RULE 517 Effective Date of Decision The decision shall become effective 15 days after delivering or mailing a copy of the decision, as provided in Rule 516 or the Hearing Board may order that the decision shall become effective sooner. (3.0) RULE 518 Lack of Permit An appeal from a denial of a permit and or a petition for a variance may be filed with the Hearing Board in a single petition. A variance granted by the Hearing Board may include a permit for the duration of the variance. -52- ------- |