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
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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
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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)
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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
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This report is issued by the Environmental Protection Agency to
report air pollution regulations of interest to a limited number of
readers. Copies are available, for a fee, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
This report was furnished to the Environmental Protection Agency by
Walden Division of Abcor, Inc., Wilmington, Mass. 01887, in fulfillment
of Contract No. 68-02-2890. The contents of this report are reproduced
herein as received from Walden Division of Abcor, Inc. The opinions,
findings, and conclusions expressed are those of the author and not
necessarily those of the Environmental Protection Agency. Mention of
company or product names is not to be considered as an endorsement
by the Environmental Protection Agency.
Publication No. EPA-450/3-78-054-17
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AIR POLLUTION REGULATIONS
FOR
MADERA COUNTY
IV
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INTRODUCTION
»
This document has been produced in compliance with Section 110(h)(l)
of the Clean Air Act Amendments of 1977. The Federally enforceable
regulations contained in the State Implementation Plans (SIPs) have been
compiled for all 56 States and territories (with the exception of the
Northern Mariana Islands). They consist of both the Federally approved
State and/or local air quality regulations as indicated in the Federal
Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of
the above categories as of January 1, 1978, have been incorporated. As
mandated by Congress, this document will be updated annually. State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.
There have been recent changes in the Federal enforceability of
parking management regulations and indirect source regulations. The
October, 1977, appropriation bill for EPA prohibited Federal enforcement
of parking management regulations in the absence of specific Federal
authorizing:legislation. Federally promulgated parking management
regulations have, therefore, been suspended indefinitely. Pursuant to
the 1977 Clean Air Act Amendments, indirect source regulations may not
be required for the approval of a given SIP. Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted indirect source regulations Contained in an applicable SIP
are Federally enforceable. More importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded, operated, or owned facilities or projects. Therefore, the
Federally promulgated indirect source regulations appearing in this
document are not enforceable by EPA except as they relate to Federal
facilities.
Since State air quality regulations vary widely in their organization,
content, and language, a standardized subject index is utilized in this
document. Index listings consist of both contaminant and activity oriented
categories to facilitate usage. For example, for regulations which apply
to copper smelters, one might look under sulfur compounds (50.2), particu-
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
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to the SIP and the date of the Federal Register in which the revision
was either approved or disapproved by EPA. Finally, a brief description
or.reference of the regulation which was submitted is also included.
This document is not intended to provide a tool for determining
the enforceability of any given regulation. As stated above, it is
intended to provide a comprehensive compilation of those regulations
which 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
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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.)
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DOCUMENTATION OF CURRENT EPA-APPROVED
STATE AIR POLLUTION REGULATIONS
REVISED STANDARD SUBJECT INDEX
1.0 DEFINITIONS
2.0 GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES
3.0 REGISTRATION CERTIFICATES. OPERATING PERMITS AND APPLICATIONS
4.0 AIR QUALITY STANDARDS (PRIMARY AND SECONDARY)
4.1 PARTICULATES
4.2 SULFUR DIOXIDE
4.3 NITRIC OXIDES
4.4 HYDROCARBONS
4.5 CARBON MONOXIDE
4.6 OXIDANTS
4.7 OTHERS
5.0 VARIANCES
6.0 COMPLIANCE SCHEDULES
7.0 EQUIPMENT MALFUNCTION AND MAINTENANCE
8.0 EMERGENCY EPISODES
9.0 AIR QUALITY SURVEILLANCE AND SOURCE TESTING
10.0 NEW SOURCE PERFORMANCE STANDARDS
11.0 NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS
12.0 MOTOR VEHICLE EMISSIONS AND CONTROLS
13.0 RECORD KEEPING AND REPORTING
14.0 PUBLIC AVAILABILITY OF DATA
15.0 LEGAL AUTHORITY AND ENFORCEMENT
16.0 HEARINGS, COMPLAINTS, AND INVESTIGATIONS
17.0 PREVENTION OF SIGNIFICANT DETERIORATION
18.0 AIR QUALITY MAINTENANCE AREA
19.0 - 49.0
RESERVED FOR FUTURE EXPANSION OF COMMON INDEX
50.0 POLLUTANT - SPECIFIC REGULATIONS
50.1 PARTICULATES
50.1.1 PROCESS WEIGHT
50.1.2 VISIBLE EMISSIONS
50.1.3 GENERAL
VI
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50.2 SULFUR COMPOUNDS
50.3 NITRIC OXIDES
50.4 HYDROCARBONS
50.5 CARBON MONOXIDE
50.6 ODOROUS POLLUTANTS
50.7 OTHERS (Pb. Hg, etc.)
51.0 SOURCE CATEGORY SPECIFIC REGULATIONS
51.1 AGRICULTURAL PROCESSES (Includes Grain Handling, Orchard Heaters,
Rice and Soybean Facilities, Related Topics)
51.2 COAL OPERATIONS (Includes Cleaning, Preparation, Coal Refuse
Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
51.3 CONSTRUCTION (Includes Cement Plants, Materials Handling, Topics
Related to Construction Industry)
51.4 FERROUS FOUNDRIES (Includes Blast Furnaces, Related Topics)
51.5 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Participates
(Includes Fuel Content and Other Related Topics)
51.6 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (Includes
Fuel Content and Other Related Topics)
51.7 FUEL BURNING EQUIPMENT (oil, natural gas, coal) - N02 (Includes
Fuel Content and Other Related Topics)
51.8 HOT MIX ASPHALT PLANTS
51.9 INCINERATION
51.10 NITRIC ACID PLANTS
51.11 NON-FERROUS SMELTERS (Zn, Cu, etc.) - Sulfur Dioxide
51.12 NUCLEAR ENERGY FACILITIES (Includes Related Topic)
51.13 OPEN BURNING (Includes Forest Management, Forest Fire, 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
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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
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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
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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
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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.
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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-
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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-
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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-
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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.
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(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:
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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.
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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.
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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.
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(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.
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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.
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(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.
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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.
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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.
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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.
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(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.
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(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.
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(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.
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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.
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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.
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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.
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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
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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
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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.
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(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.
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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.
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(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
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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);
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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.
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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
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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
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(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.
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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.
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(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.
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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.
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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.
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(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.
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(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.
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(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.
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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:
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(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.
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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.
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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).
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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.
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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.
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(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.
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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.
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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.
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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.
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(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.
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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.
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(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.
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