U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-296 675
Air Pollution Regulations in State
Implementation Plans: California,
Mariposa County
Abcor, Inc, Wilmington, MA Walden Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NC Control
Programs Development Div
Aug 78
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&EPA
PB 296675
United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
EPA-450/3-78-054-18
August 1978
Air
Air Pollution Regulations
in State Implementation
Plans:
California
Mariposa County
i^.'.
Lniu L L
REPRODUCED BY
': NATIONAL TECHNICAL
f INFORMATION SERVICE
; U. S. DEPARTMENT OF COMMERCE
! SPRINGFIELD, VA. 22161
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TECHNICAL REPORT DATA
(Please read Instructions on the reverse before completing}
1. REPORT NO.
EPA-450/3-78-054-18
2.
4, TITLE AND SUBTITLE *
Air Pollution Regulations in State Implemen
Plans: California Mariposa County
7. AUTHOR(S)
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Walden Division of Abcor, Inc.
Wilmington, Mass.
12. SPONSORING AGENCY NAME AND ADDRESS
Control Programs Development Division
Office of Air Quality Planning and Standar
Office of Air, Noise, and Radiation
Research Triangle Park, NC 27711
3. RECIPIENT'S ACCESSION-NO.
fS
5. REPORT DATE l
tation i Auqust 1978
6. PERFORMING ORGANIZATION CODE
8. PERFORMING ORGANIZATION REPORT NO,
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT NO.
-'
68-02-2890
13. TYPE OF REPORT AND PERIOD COVE.RED
-jj 14. SPONSORING AGENCY CODE
15. SUPPLEMENTARY NOTES
EPA Project Officer: Bob Schell, Control Programs Development Division
16. ABSTRACT
This document has been pro
Act amendments of 1977. T
Implementation Plans (SIPs
(with the exception of the
Federally approved State a
Federal Register and the F
indicated in the Federal R
duced in compliance with Section 110(h)(l) of the Clean Air
le Federally enforceable regulations contained in the State
) have been compiled for all 56 States and territories
Northern Mariana Islands). They consist of both the
nd/or local air quality regulations as indicated in the
ederally promulgated regulations for the State, as
egister. Regulations which fall into one of the above
categories as of January T, 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.
i
17.
KEY WORDS AND DOCUMENT ANALYSIS
a. DESCRIPTORS
Air pollution
Federal Regulations
Pollution
State Implementation Plans
18. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
b.lDENTIFIERS/OPEN ENDED TERMS C. COSATI Field/Group
19. SECURITY CLASS (This Report)
Unclassified
20. SECURITY CLASS (This page) 22. PRICE f^ /H P
Unclassified A<5? ^> /AtS? I
EPA Form 2220-1 (9-73)
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EPA-450/3-78-054-18
Air Pollution Regulations
in State Implementation Plans
California
._ Mariposa County
by
Walden Division of Abcor, Inc.
Wilmington, Massachusetts
Contract No. 68-02-2830
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-450/3-78-054-18
ti
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INTRODUCTION
»
This document has been produced 1n compliance with Section TTO(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 Regi ster. 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 ActrAmendments, 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
m
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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
PJL
EPA-APPROVED REGULATION CHANGES
MARIPOSA COUNTY
Submittal Date
6/30/72
Approval Date
9/22/72
1/10/78
8/22/77
Description
Numerous Reg.
changes, all ap-
proved unless
stated otherwise
New set of Regs.
approved: 101, 102,
201, 202, 203(a-f,
h, i, k), 204-216,
301-303, 305-306,
308-213, 315-323,
401-403, 405-409,
600-618 (NOTE;
Rule 209 Disapproved;
6.4 from 6/30/72
Submittal 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) - Particulates
(Includes Fuel Content and Other Related Topics)
51.6 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (includes
.;; Fuel Content and Other Related Topics)
51.7 FUEL BURNING EQUIPMENT (oil, natural gas, coal) - N0£ (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
vii
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TABLE OF CONTENTS
Revised Standard
Subject Index
-
(2.0)
(1.0)
-
(2.0)
(50.1.2)
(2.0)
(50.1.2)
(50.7)
(51.9)
(50.1)
(51.1)
(50.2)
(50.1.1)
(50.1.1)
(51.16)
(51.21)
(15.0)
MARIPOSA COUNTY
Reg-
Rule Number
Reg I
Rule 101
102
Reg II
Rule 201
202
203
204
205
206
207
208
210
211
212
213
214
215
REGULATIONS
Title
Definitions
Title
Definitions
Prohibitions
District-Wide
Coverage
Visible Emissions
Exceptions
Wet Plumes
Nuisance
Incinerator Burning
Parti cul ate Matter
Orchard or Citrus
Heaters
Sulfur Emissions
Process Weight Per
Hour
Process Weight Table
Storage of Petroleum
Products
Reduction of Animal
Matter
Enforcement
Page
Number
1
1
1
6
6
6
6
7
7
7
7
8
8
8
8
9
10
10
V111
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Revised Standard ' Reg- Page
Subject Index Rule Number Title Number
(2.0) 216 Existing Sources 10
Reg III Open Burning 12
(51.13) Rule 301 Open Outdoor Fires 12
(51.13) 302 Exceptions to Rule 301 12
(3.0) (51.13) 303 Burning Permits 13
(3.0) 305 Permit Validity 14
(51.13) ' 306 No-Burn Days 14
(13.0) (51.13) 308 Burning Reports 14
(51.13) 309 Amount Burned Daily 14
(51.13) 310 Approved Ignition
Devices 14
(51.13) 311 Restricted Burning
Days 14
(51.13) - 312 Wind Direction 15
(51.13) 313 Minimum Drying Times 15
(51.13) 315 Preparation of Material
to be Burned 15
(51.13) 316 Burning of
Agricultural Waste 15
(51.13) 317 Range Improvement
Burning 15
(51.13) 318 Forest Management
Burning 16
(51.13) 319 Open Burning of Wood
Waste on Property Where
Grown 16
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Revised Standard Reg- Page
Subject Index Rule Number Title , Number
(51.13) 320 Right-of-Way Clearing
and Levee, Ditch and
Reservoir Maintenance 16
(15.0) (51.13) 322 Enforcement
Responsibility 17
Reg IV Permit Systems
Conditions 19
(2.0) Rule 401 Responsibility 19
(9.0) 402 Authority to Inspect 19
(2.0) 403 Responsibility of
Permi ttee 19
(2.0) . 405 Separation of Emissions 19
(2.0) 406 Combination of Emissions 20
(2.0) 407 Circumvention 20
(13.0) 408 Source Recordkeeping
and Reporting 20
(14.0) 409 Public Records 21
Reg VI Procedure Before the
Hearing Board 22
(2.0) Rule 600 Applicable Articles of
the Health and Safety
Code 22
(2.0) 601 ' General 22
(16.0) 602 Filing Petitions 22
(2.0) 603 Contents of Petitions 22
(2.0) 604 Petitions for Variances 23
(3.0) 605 Appeal from Denial 23
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Revised Standard Reg -
Subject Index Rule Number
(2.0)
(2.0)
(2.0)
(16.0)
(16.0)
C2.0)
.(2.0)
(2.0)
(2.0) *
(2.0)
(2.0)
(3.0)
(16.0) .*:
(51.5) (51.6) (51.7)
(3.0)
(3.0)
(3.0)
(3.0)
(3.0)
(15.0)
606
607
608
609
610
611
612
613
614
-615-
616
617
618
6.4
12.
13.
14.
15.
16.
17.
Page
Title Number
Failure to Comply
with Rules
Answers
Dismissal of Petition
Place of Hearing
Notice of Hearing
Evidence
Preliminary Matters
Official Notice
Continuances
Decision
Effective Date of
Decision
Lack of Permit
Hearing Board Fees
Fuel Burning Equipment
Permi.ts Required
Appeals
Posting of Permit
Altering of Permit
Revocation of Permit
Penalty
23
24
24
24
24
24
25
25
25
-25 -
26
26
26
27
27
28
28
28
28
28
XI
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REGULATION I
DEFINITIONS
REGULATION I
(2.0) RULE 101 Title;
These rules and regulations shall be known as the Rules and Regulations
of the Mariposa 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 the Health &
Safety Code of the State of California.
A. Air Pollution Control Officer. The Air Pollution Control Officer
of the Air Pollution Control District of Mariposa County.
B. Agricultural Burning. Any open outdoor fire used in agricultural
operations in the growing of crops or raising of fowls or animals,
or in forest management or range-improvement; or used in the im-
provement of land for wildlife and game habitat.
C. Agricultural Operation. The growing and harvesting of crops, or
raising of fowls or animals for the primary purpose of making a
profit, or providing a livelihood, or the conduction of agricultural
research or instruction by an educational institution.
D. Agricultural Wastes. Are (a), unwanted or unsellable materials pro-
duced wholly from agricultural operations and, (b) materials not pro-
duced from agricultural operations, but which are intimately re-
lated to the growing or harvesting of crops and which are used in
the field, such as fertilizer and pesticides sacks or containers
where the sacks or containers are emptied in the field. This does
not include, however, such items as shop wastes, demolition materials,
garbage, oil filters, tires, pallets, and the like.
E. Air Contaminant or Pollutant. Includes smoke, dust, charred paper,
soot, grim, carbon, noxious acids, fumes, gases, odors, or part-
iculate matter, or any combination thereof.
F. Alteration. Any addition to, enlargement of, replacement of or c ^y
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.
G. Approved Ignition Devices. Means those instruments or materials
that will ignite open fires without the production of black smoke
by the ignition device. This would include such items as liquid .
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petroleum (L.P.6.), butane, propane, or diesel oil burners; or flares;
or other similar material as approved by the Air Pollution Control
Officer. This does not include tires, tar, tar paper, oil, and
other similar materials.
H. A;R.B. The State Air Resources Board, or any person authorized to
act on it's behalf.
I. Atmosphere. 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 emissions into
the building shall be an emission into the atmosphere.
J. Board. The Mariposa County Air Pollution Control Board.
K. Brush Treated. The material has been felled, crushed or up-rooted
with mechanical equipment, or has been desicated with herbicides.
L. Combustible or Flammable Waste. Means any garbage, rubbish, trash,
rags, paper, boxes, crates, excelsior, ashes, offal, carcass of
a dead animal, petroleum product waste or any other combustible
or flammable refuse material.
M. Combustion Contaminant. Any particulate matter discharged into
the atmosphere from the burning of any material which contains
carbon in either the free or the combined state.
N. Condensed Fumes. Particulate matter generated by the condensation
of vapors evolved after volatilization from the molten or liquid
state, or generated by sublimation, distillation, calcination or
chemical reaction; when these processes create airborne particles.
0. Designated Agency. Any agency designated by the ARB and Mariposa
County Air Pollution Control District as having authority to issue
Agricultural Burn Permits.
P. District. Is the Air Pollution Control District of Mariposa County.
Q. Dust. Minute solid particles released into the air by natural
forces or by mechanical processes such as crushing, grinding,
milling, drilling, demolishing, shoveling, conveying, covering,
bagging, sweeping, or other similar processes.
R. Emission. The act of releasing or discharging air contaminants
into the ambient air from any source,
S. Emission Data. Are measured or calculated concentrations of weights
of air contaminants emitted into the ambient air. Data used to
calculate emission data are not emission data. .
T. Emission Point. The place, located in a horizontal plane and
vertical elevation, at which an emission enters the atmosphere.
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U. Flue. Any duct or passage for air, gases or the like, such as a
stack or chimney.
V. 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.
W. Fossil Fuel-fired Steam Generator. Means a furnace or boiler used
in the process of burning fossil fuel for the primary purpose of
producing steam by heat transfer. "Fossil fuel" means natural gas,
petroleum, coal and any form of solid, liquid, or gaseous fuel
derived from such materials.
X. Hearing Board. The appellate review board of any county or regional
air pollution control district as provided for in the Health and
Safety Code of the State of California.
Y. Incineration. An operation in which combustion is carried on for
the principal purpose, or with the principal result of oxidizing a
waste material to reduce its bulk in facilitate its disposal.
Z- Incinerator. . Means any furnace or other closed fire chamber used
to dispose of combustible waste by burning and from which the pro-
ducts of combustion are directed through a flue or chimney.
AA... Installation. The.placement,-assemblage or construction of equip-
ment or control apparatus at the premises where the equipment or
control apparatus will be used, including all preparatory work at
such premises.
BB. Institutional Facility. Means any hospital, boarding home,
school or like facility.
CC. Multiple Chamber Incinerator. Any article, machine, equipment,
contrivance, structure or part of a structure, used to dispose
of combustible refuse by burning, consisting of three or more
refractory lined combustion furnaces in series, physically sep-
arated by refractory walls, interconnected by gas passage ports
or ducts employing adequate design parameters necessary for max-
imum combustion of the material to be burned.
DO. No-Burn Day. Means any day on which agricultural burning is
prohibited by the A.R.B.
EE. Open Out-Poor Fire. As used in this regulation means: Combustion
of any combustible material of any type, outdoors in the open air,
where the product of combustion is not direct through a flue.
FF. 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 properties of material.
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GG. Orchard or Citrus Heaters. .Any article, machine, equipment, or
other contrivance, burning any type of fuel or material capable
of emitting air contaminants, used or capable of being used for
the purpose of giving protection from frost damage.
HH. Owner or Operator. Means any person who-owns, leases, operates,
controls or supervises an affected facility, or a stationary
source of which an affected facility is a part.
II. Particulate Matter. Is any material except uncombined water,
which exists in a finely divided form as a liquid or solid, at
standard conditions.
JJ. Permissive Burn Day. Means any day on which agricultural burning
is not prohibited by the A.R.B.
KK. Person. Any person, firm, association, organization, partnership,
business trust, corporation, company, contractor, supplier, in-
staller, operator, user or owner, any government agency or public
district or any officer or employee thereof.
LL. PPm. Parts per million by Volume expressed on a dried gas basis.
MM. Process Weight Per Hour. The total weight, including contained
moisture, of all materials introduced into any specific process,
which process may cause any discharge into the atmosphere. Solid
fuels charged will be considered as part of the process weight,
but liquid and gaseous fuels and combustion air will not. (The
Process Weight Per Hour will be derived by dividing the total
Process Weight by the number of hours in one complete operation
from the beginning of any given process to the completion thereof,
excluding any time during which the equipment is idle.)
NN. Public Record. Means any record made available to the public by
law containing information relating to the conduct of the public's
business that is prepared, owned, used or retained by the District,
except "trade secrets" as defined in RULE 409 c, Regulation IV.
00. Range Improvement Burning.- Means the use of open fires to remove
vegetation for a wildlife, game or livestock habitat or for the
initial establishment of an agricultural practice on previously
uncultivated land.
PP. Record. Means handwriting, typewriting, printing, photostating,
photographing, and every other means of recording upon any form
of communication or representation, including letters, words,
pictures, sounds, or symbols, or any combination thereof, and
all papers, maps, magnetic or paper tapes, photographic films
and prints, magnetic or punched cards, drums, and other documents.
QQ. Residential Rubbish. Rubbish originating from a single or two
family dwelling on it's premises, limited to the following material;
-------
Wood, paper, cloth, cardboard, tree trimmings, leaves, lawn clippings
and dry plants.
RR. Source Operation. The last operation preceding the emission of
an air contaminant, which operation (a) results in the separation
of an air contaminants from the process materials or in the
conversion of the process materials into air contaminants, as in
the case of combustion of fuel; and (b) is not an air pollution
abatement operation.
SS. Section. Refers to a section of the Health and Safety Code of
the State of California unless some other statute is specifically
mentioned.
TT. Silviculture! Practices. Means the establishment, development,
care and reproduction of stands of timber.
UU. Solid Waste Dump. Means any accumulation for the purpose of
disposal of any solid waste.
VV. Standard Conditions. As used in these regulations, "Standard
Conditions" are a gas temperature of 60 degrees Fahrenheit and
a gas pressure of 14.7 pounds per square inch absolute. Results
of all analyses and tests shall be calculated and reported at
this gas temperature and pressure.
WW. Standard Cubic Foot of Gas. The amount of gas that would occupy
a volume of one (1) cubic foot, if free of water vapor, at stand-
ard conditions.
XX. Tahoe Basin. Means that area, within the State of California,
as defined by the California Nevada Interstate Compact, Article
11, Paragraph C, as contained in Section 5976 of the State Water
Code.
YY. Timber Operations. Means cutting or removal of timber or other
forest vegetation.
ZZ. Total Reduced Sulfur (TRS). Total reduced sulfur contained in
hydrogen sulfide, mercaptans, dimethyl sulfide, dimethyl disulfide
or other organic sulfide compounds, all expressed as hydrogen
sulfide. Sulfur dioxide, sulfur trioxide, or sulfuric acid are
not to be included in the determination of TRS.
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REGULATION II
PROHIBITIONS
REGULATION II
(2.0) RULE 201 District-Wide Coverage.
Prohibitions, as set forth in this Regulation, shall apply in all portions
of the Mariposa County Air Pollution Control District unless otherwise
stated.
(50.1.2) RULE 202 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 aggrega-
ting more than three (3") minutes in any one (1) hour which is:
(1) 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,
or
(2) of such opacity as to obscure an observer's view to a degree equal
to or greater than does smoke described in subsection (1) of this
section.
(2.0) RULE 203 Exceptions.
The provisions of RULE 202 do not apply to:
a) Smoke from fires set or permitted by any public fire officer, if
such fire is set by 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
as determined by the Health Officer, which cannot be abated
by any other means; or
(2) the instruction of public employees and/or volunteer firemen
in the methods of fighting fires.
b) Smoke from fires set pursuant to permit on property used for indus-
trial-purposes for the purpose of instruction of employees in methods
of fighting fires.
c) Open outdoor fires used for recreational purposes or for cooking
of food for human consumption.
d) The use of an experimental device, system or method to study or re-
search open burning authorized by Chapter 10 of Division 26 of the
California Health & Safety Code and these Rules & Regulations.
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e) Agricultural Operations. In the growing of crops or raising of
fowl or animals.
f) Use of any aircraft to distribute seed, fertilizer, insecticides,
or other agriculture aids over lauds devoted to the growing of
crops, or the raising of fowl or animals.
h) Orchard or Citrus Grove Heaters that are on the approved list
published by the State Resources Board (Section 39298.7)
i) The governing board of the district may by rule provide for the
issuance by the Air Pollution Control Officer of permits for
open burning. The provisions of RULE 202 do not apply to smoke
from fires set pursuant to such permit.
(Health and Safety Code Section 24245.1).
k) Smoke or fumes which result from acts of God.
(50.1.2) RULE 204 Wet Plumes.
Where the presence of uncombined water is the only reason for the failure
of an emission to meet the limitation of RULE 202 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 provisions.
(50.7) RULE 205 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 persons or the public or which cause to have a natural tendency to
cause injury or damage to business or property.
Exception: The provisions of RULE 205 do not apply to odors emanating
from agriculture operations in the growing of crops or raising of fowl
or animals.
(51.9) RULE 206 Incinerator Burning.
Except for the burning of Residential Rubbish, as defined in Rule 102QQ
a person shall not burn any combustible or flammable waste in any incin-
erator within the boundaries of the Mariposa County Air Pollution Control
District except in a multiple-chamber incinerator as defined in Rule 102CC
or in equipment found by the Air Pollution Control Officer to be equal'y
effective for the purpose of air pollution control.
(50.1) RULE 207 Particulate Matter.
A person shall not release or discharge into the atmosphere from any source
or single processing unit whatsoever, dust, fumes, or particulate matter
emissions in excess of 0.1 grains per cubic foot of gas at standard
conditions, except for incinerators and Wood Fired Boilers which shall
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. meet 0.2 grains per cubic foot of gas at standard conditions. Combustion
contaminants shall be calculated at 12 percent of carbon dioxided (C02) at
standard conditions.
(51.1) RULE 208 Orchard or Citrus Heaters.
a) The following Section of the State of California Health & Safety
Code, and any future amendments thereto, are part of these Rules &
Regulations by reference: Section 39398.7 et. seq., Article 4,
Chapter 10, Part 1, Division 26.
b) 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 con-
dition, adjustment and proper operation of the orchard heaters.
c) It shall be unlawful'for any person, for the purpose of frost, pro-
tection to burn any rubber, rubber tires, or other substance contain-
ing rubber, or to burn oil or other combustible substances in drums,
pails or other container except orchard heaters.
(50.2) RULE 210 Sulfur Emissions.
A person shall not discharge into the atmosphere from any single source
of emission whatsoever, any one or more of the contaminants, in any
sulfur combination thereof, exceeding in concentration at the point of
discharge:
a) Sulfur compounds calculated as sulfur dioxide ($02) 0.2 percent, by
volume.
b) Total reduced sulfur: Pending further investigation into a rule
which will be applicable to the Mountain Counties Air Basin.
(50.1.1) RULE 211 Process Weight Per Hour.
A person shall not discharge into the atmosphere from any source operation
particulate matter in excess of that allowed on the table in RULE 212.
(50.1.1) RULE 212 Process Weight Table. (Next Page)
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ALLOWABLE RATE OF EMISSION BASED ON
PROCESS WEIGHT RATE
Process Weight Rate Emission Rate
Lbs/Hr. 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
4
6
, 1.5
, 2.3
, 6.3
, . 9.7
, 15.0
, 29.6
, 31.2
, 33.3
34.9
, 36.2
, 40.4
46.8
Interpolation of the data for the process weight rates up to 60,000
Ibs/hr. shall be accomplished by the use of equation:
E=3.59 PP. 62 p«30 tons/hr
arid interpolation of 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=Emission in pounds per hour.
P=Process weight rate in tons per hour.
(51.16) RULE 213 Storage of Petroleum Products.
a) The following section of the State of California Health and Safety
code, and any future amendments thereto, are part of these Rules
and Regulations by reference: Section 39068.2 et. seq., Article 2,
Chapter 3, Part 1, Division 26.
. b) 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 equipment described in Section
39068.4 or Section 39068.5 or other equipment of equal efficiency
provided such equipment is approved by the Air Pollution Control
Officer.
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(51.21) RULE 214 Reduction of Animal Matter.
A person shall not operate or use any article, machine, equipment or
other contrivance for the reduction of animal matter unless all gases,
vapors and gas-entrained effluents from such an article, machine,
equipment or other contrivance are:
*
a) Incinerated at temperatures of not less than 1,200 degrees Fahren-
heit 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 the Rule shall provide, properly install and
maintain in calibration, in good working order and in operation de-
vices as specified in the Authority to Construct or Permit to Operate
or as specified by the Air Pollution Control Officer, for indicating
temperature, pressure or other operating conditions.
For the purpose of the Rule "reduction" is defined as any heated pro-
cess, including rendering, cooking, drying, dehydration, digesting,
evaporating and protein concentrating.
The provisions of the Rule shall not apply to any article, machine,
equipment or other contrivance used exclusively for the processing
of food for human consumption.
(15.0) RULE 215 Enforcement.
The following section of the State of California Health and Safety Code,
and any future amendment thereto, are part of these Rules and Regulations
by reference: Section 24246, Article 3, Chapter 2, Division 20.
(2.0) RULE 216 Existing Sources.
In any case where this Regulation II imposes standards different than the
standards applicable to an existing source of emissions on September 15,
1974, and the source of emission was in compliance, under variance, or
permit to construct, with the less restrictive standards applicable on
such date; then the source shall remain in compliance with such rule,
until modified as described below or until July 1, 1964, whichever is
less. In no event shall any modifications cause an increase in emissions
over those being emitted prior to such modification.
"Modification" means any physical change in, or change in the method of
operation of, an affected facility which increases the amount of any air
pollutant (to which a rule applies) emitted by such facility or which
results in the emission of any air pollutant (to which a rule applies)
not previously emitted, except that:
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1. Routine maintenance, repair, and replacement shall not be considered
physical changes, and
2. The following shall not be considered a change in the method of
operation:
a) An increase in the production rate, if such increase does not
exceed the operating design capacity of the affected facility:
b) An increase in hours of operation.
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REGULATION III
OPEN BURNING
REGULATION III
PROHIBITIONS AND EXCEPTIONS
(51.13) RULE 301 Open Outdoor Fires.
No person shall use open fires for the purpose of disposal of petroleum
wastes,-demolition debris, tires, tar, trees, wood waste or other com-
bustible or flammable solid or liquid waste; or for metal salvage or
burning of automobile bodies.
(51.13) RULE 302 Exceptions to Rule 301.
A. Except as otherwise provided in Rule 321, nothing in these Rules
and Regulations shall be construed as limiting the authority granted
under other provisions of law:
1. To any public fire officer to set or permit a fire when such
fire is, in his opinion, necesssary for any of the following
purposes:
(a) For the purpose of the prevention of a fire hazard which
cannot be abated by any other means, or:
(b) The instruction of public employees and/or volunteer
firemen, in the methods of fighting fire;
(c) Set pursuant to permit on property used for industrial pur-
poses for the purpose of instruction of employees in the
methods of fighting fires.
2. To set or cause to be set backfires necessary to save life or
valuable property pursuant to Section 4426 of the Public Re-
sources Code.
B. Except as otherwise provided in Rules 316, 317 and 318, nothing
in these Rules and Regulations shall be construed as limiting
the use of open fires for agricultural burning, as defined in
Rule 102B.
C. Open fires for the disposal of unsellable wood waste from property
being developed for commercial or residential purposes. (See
Rule 319).
D. Open fires for right-of-way clearing by a public entity or utility
or for levee, ditch and reservoir maintenance. (See Rule 320).
E. Open fires for the burning of Residential Rubbish as defined in
Rule 102QQ.
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F. Open fires for recreational purposes, such as the cooking of food
for human consumption.
G. Open fires as authorized by A.R.B. for the operation of a solid
waste dump under an extension. (See Section 39297.4).
(3.0) RULE 303 Burning Permits.
(51.13) ~~
A. No person shall knowingly set or permit open outdoor fires for:
1. Agricultural burning or hazard reduction burning unless that
person has been issued a valid permit from a designated agency.
2. Levee, ditch, right-of-way or reservoir maintenance burning or
the burning of wood waste on property where grown unless the
person has been issued a valid permit from the Air Pollution
Control Officer.
B. A permit shall not be issued to an applicant unless information
is provided as required by the Mariposa Air Pollution Control
District, such as;
1. Name and address of the permi ttee.
2. Location of the proposed burn.
3. Acreage or estimated tonnage of material to be burned.
4. The type of material to be burned.
5. Under what category burning will take place, i.e., agricultural,
forest management, range improvement, wood waste on property
where grown, or hazard reduction.
6. Distance to nearest residential area (in miles).
7. Reason for burning.
8. The permittee shall read the permit and sign same.
C. Each permit shall bear a statement of warning containing the
following words or words of like or similar import: "THIS PERMIT
IS VALID ONLY FOR THOSE DAYS ON WHICH THE STATE AIR RESOURCES BOARD
DOES NOT PROHIBIT AGRICULTURAL BURNING PURSUANT TO SECTION 39298
OF THE HEALTH AND SAFETY CODE".
D. 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.
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(3.0) RULE 305 Permit Validity.
No permit shall be construed to authorize open burning fires for any day
during which:
A. Agricultural burning is prohibited by the A.R.B.
B. Open burning is prohibited to public fire control agencies for fire
control or prevention.
(51.13) RULE 306 No-Burn Days.
No person shall knowingly permit agricultural burning, or burning of
wood waste on property where grown or hazard reduction burning, or
right-of-way clearing and levee, ditch and reservoir maintenance
burning, on days when such burning is prohibited by the A.R.B.
13.0) RULE 308 Burning Reports.
51.13) '
A. The name, location, type and amount of waste material burned daily
must be reported to the designated agency within 5 days following
completion of the burn.
B. The designated agency shall forward above information to the
Mariposa County Air Pollution Control Officer monthly.
(51.13) RULE 309 Amount Burned Daily.
Agricultural waste and other material shall be arranged so that it
will burn with a minimum amount of smoke, and except for large trees,
only that amount that can reasonably, be expected to completely burn
within the following twenty-four (24) hour shall be ignited in any
one day.
(51.13) RULE 310 Approved Ignition Devices.
All open fires as authorized by this Regulation shall be ignited only
with approved iginition devices as defined in Rule 102G and the material
to be burned should be ignited as rapidly as practicable within
applicable fire control restrictions.
(51.13) RULE 311 Restricted Burning Days.
The Air Pollution Control Officer shall notify the designated agencies
that a condition of restricted burning exists, if in his opinion the
amounts being burned each day are creating significant degradation of
the air quality. On days of restricted burning, the designated agencies
shall restrict the acreage or tonnage of material to be burned under
permit to the acreage tonnage allocated to the designated agencies
by the Air Pollution Control Officer. The Air Pollution Control Officer
shall prorate the amounts to be burned to each agency based on the
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estimated number of acres of tonnage in the geographic area covered
by the agency.
(51.13) RULE 312 Wind Direction.
Burning shall be curtailed when smoke is drifting into a nearby populated
area or creating a public nuisance.
(51.13) RULE 313 Minimum Drying Times.
To lower the moisture content of the material being burned, the elapsed
time between cutting and burning shall be:
A. A minimum of three (3) days for straw and stubble.
B. Sufficient time for other agricultural waste such as orchard
prunings, small branches, vegetable crops and seed screenings to
assure rapid and complete combustion with a minimum of smoke.
C. A minimum of six (6) weeks for trees, stumps, and large branches
greater than six (6) inches in diameter.
(51.13) RULE 315 Preparation of Material to be Burned.
A. No material shall be burned unless it is free of tires, rubbish,
tar paper, construction debris, also reasonably free of dirt, soil
and visible surface moisture.
B. 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 amount of smoke.
OPEN BURNING CATEGORIES
(51.13) RULE 316 Burning of Agricultural Waste.
Rule 301 through rule 315, inclusive, shall apply to the open burning
of all agriculture waste.
(51.13) RULE 317 Range Improvement Burning.
A. Rule 301 through 315, inclusive, and the following section of this
rule shall apply to Range Improvement Burning.
B. Brush shall be treated (see Rule 102K) at least six (6) months
prior to the burn if economically and technically feasible.
C. Unwanted trees over six (6) inches in diameter shall be felled
and dried prior to the burn.
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D. Material should be windrowed or piled if economically and tech-
nically feasible.
E. If the burn is to be accomplished primarily for improvement of land
or wildlife and game habitat, the permit applicant shall obtain a
written statement from the State Department of Fish and Game,
certifying that the burn is desirable and proper.
(51.13) RULE 318 Forest Management Burning.
A. Rule 301 through 315, and the following sections of this rule, with
the exception of Rule 313, shall apply to Forest Management Burning.
B. Waste material should be windrowed or piled where possible, unless
silvicultural practice (see Rule 102TT) dictates otherwise.
C. Drying time shall be specified by the designated agency.
(51.13) RULE 319 Open Burning of Wood Waste on Property Where Grown.
This rule authorizes the use of open outdoor fires for the disposal of
unsellable wood waste from property being developed for commercial or
residential purposes, under the following conditions:
A. Rule 301 through 315, inclusive, and the following section of
this rule shall apply to open burning of wood waste on property
where grown.
B. Unwanted trees over six (6) inches in diameter are to be felled
and dried prior to the burn.
C. Wood waste should be windrowed if economically and technically
feasible.
D. Wood waste which is burned under this rule shall be limited to
that grown on the property and free of other material.
E. This burning shall be conducted only on permissive burn days.
F. The Air Pollution Control Officer or staff shall review and sign
all permits prior to the burning.
G. The governing Board of the district finds it more desirable to
dispose of such wood waste by open burning than to dispose of it
by other available means, at this time.
(51.13) RULE 320 Right-of-Way Clearing and Levee, Ditch and Reservoir
Maintenance.
A. Rule 301 through Rule 315, inclusive, shall apply to the use of
fires for right-of-way clearing by a public entity or utility
or for levee, ditch and reservoir maintenance.
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B. Except as provided in Paragraph C. the foil owing conditions shall
apply to all open outdoor burning for purposes of hazard reduction:
1. Rule 301 through Rule 315, inclusive, shall apply to Hazard
Reduction Burning.
2. Unwanted trees over six (6) inches in diameter shall be felled
and dried prior to the burn.
C. If the fire officer with jurisdiction determines that a condition
exists in which a fire hazard, (or health hazard as determined by
the Health Officer) will have imminent affect on life or property,
he may waive the requirements of Paragraph B of this Rule, provided
that a written report of such burning shall be forwarded to the
Air Pollution Control Officer stating why life and property was
being threatened requiring such burning and such other information
as the Air Pollution Control Officer may reasonably require.
OPEN BURNING ENFORCEMENT
(15.0) RULE 322 Enforcement Responsibility.
(51.13)
The Air Pollution Control Officer or his staff will be in the field
to ensure that these Rules and Regulations are complied with and
shall enforce all State and Mariposa County Air Pollution Control
District regulations regarding air pollution control. See
Enforcement Flow Chart on the next page.
[15.0) RULE 323 Penalty.
[51.13)
A violation of the provisions of this regulation or of
Section 39296.1 or 39299 is a misdemeanor punishable by imprison-
ment in the County Jail not exceeding six (6) months or by fine
not exceeding five hundred dollars, ($500.00), or both, and the
cost of putting out the fire. Every day during any portion of
which such violation occurs constitutes a separate offense.
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ENFORCEMENT FLOW CHART
FOR
OPEN BURNING
I Open Bunrt ng Observed
APCO, Fire Protection and/or Enforcement Agency
1. Determine person starting fire, adding fuel or 1n
control.
2. Identify such person or persons.
a. Use drivers license for correct name and address.
b. Determine who ordered fire.
3. Ask for Permit.
1
NO
Of
»
Permltr-or conditions
Permit violated.
f
i
Examine Permit for compliance with
conditions: e.g.
1. Correct date, time, location,
etc.
2. No "Ban" 1n effect.
Issue Notice of Violation
Report the following:
1. Correct name and address of all parties.
2. Location of violation.
3. Location and time of observation and duration of Investigation.
4. Nature of material burned.
5. Description of f1 re and smoke.
6. Distribution of smoke. (Note wind direction and approximated
speed.)
7. Surrounding neighborhood.
8. Any statements made by violator.
9. Any statements made by mangement.
File all Notice orvfoiatTon Reports
In person or by mall to Marfposa A1r
Pollution Control District.
Citation Issued |
I *APCD reviews and obtains additional Information as necessary
u. A. s office reviews
I
Issues Complaint!
*APCO - A1r Pollution Control Officer
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REGULATION IV
PERMIT SYSTEMS CONDITIONS
REGULATION IV
AVI permits issued pursuant to these Rules and Regulations are subject
to the following rules:
(2.0) RULE 401 Responsibility.
The fact that an authorization to construct or modify, or a permit to
operate an article, machine, equipment or other contrivance described
therein shall have been issued by the Air Pollution Control Officer
shall not be an endorsement of such article, machine,,or other con-
trivance neither shall it be deemed or construed to be a warranty,
guarantee or representation on the part of the Air Pollution Control
Officer that emission stanards would not be exceeded by such article,
machine, equipment, or other contrivance. In every instance the person,
firm or corporation to whom such authorization or permit is issued
shall be and remain reponsible under these regulations for each and
every instance wherein emission standards are exceeded by the article,
machine, equipment or other contrivance described in the permit, and
the fact of issuance or authorization shall not be a defense to or
mitigation of any charge of violation.
(9.0) RULE 402 Authority to Inspect.
A. In the performance of his duties the Air Pollution Control Officer
and his duly authorized agent shall have, as a condition of an
authority to construct or a permit to operate, the right to
access of the property for reasons of Air Pollution Control Dis-
trict inspections.
B. The Air Pollution Control Officer may issue identification cards,
with the photograph of holder and signature of the Air Pollution
Control Officer, to such employees of the District who need such
credentials for entry.
(2.0) RULE 403 Responsibility of Permittee.
Issuance of a permit pursuant to these Rules and Regulations does not
release permittee of the responsibility of any and all other appli-
cable permits and authorizations issued by other governmental agencies.
(2.0) RULE 405 Separation of Emissions.
If air contaminants from a single source operation are emitted through
two or more emission points, the total emitted quantity of air con-
taminants cannot exceed the quantity which would be allowable through
a single emission point.
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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 combined exhaust gas volume through all
emission points, unless the person responsible for the Source Oper-
ation establishes, to the Air Pollution Control Officer's satis-
faction, the correct total emitted quantity.
(2.0) RULE 406 Combination of Emissions
a. If air contaminants from two or more source operations are com-
bined prior to emission and there are adequate and reliable means
reasonably susceptible for confirmation and use by the Air
Pollution Control District in 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, the Rules and Regulations shall apply to each
such source operation separately.
b. If air contaminants from two or more source operations are com-
bined prior to emission and the combined emissions cannot be
separated according to the requirements of Rule 406 (a), the
Rules and Regulations shall be applied to the combined emissions
as if it originated in a single source operation subject to
the most stringent limitations and requirements placed by the
Rules and Regulations on any of the source operations whose air
contaminants are so combined.
(2.0) RULE 407 Circumvention.
A person shall not build, erect, install, or use any article, machine,
equipment or other contrivance, the use of which, without resulting
in an actual reduction in the total release of air contaminants to
the atmosphere, superficially 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 the Rule 205 of these
Rules and Regulations.
(13.0) RULE 408 Source Recordkeeping and Reporting.
The owner or operator of any stationary source, shall, upon notification
from the District, maintain records of the nature and amounts of
emissions from such source and/or any other information as may be
deemed necessary by the District to determine whether such source is
in compliance with applicable emission limitations or other control
measures. The Air Pollution Control Officer may require that such
records be certified by a professional engineer registered in the
State of California. Such studies shall be at the expense of the
person causing the emissions.
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The information recorded shall be summarized and reported to the
District, on forms or formats as furnished by the District, and shall
be submitted within 45 days after the end of the reporting period.
Reporting periods are January 1 - June 30 and July 1 - December 31,
except that the initial reporting period shall commence on the date
the District issues notification of the recordkeeping requirements.
Information reported by the owner or operator and copies of the
summarizing reports submitted to the District shall be retained by the
owner or operator for two years after the date on which the pertinent
report is submitted.
(14.0) RULE 409 Public Records.
a. All information, analysis, 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 the District requires any appli-
ant to provide before such applicant builds, erects, alters,
replaces, operates, sells, ren-ts, or uses such article, machines,
equipment, or other contrivance, are public records.
b. All air or other pollution monitoring data, including data com-
piled from stationary sources, are public records.
c. Except as otherwise provided in (d), trade secrets are not public
records under this Regulation. Trade secrets, as used in this
Regulation may include, but are not limited to any formula, plan,
. pattern, process, tool, mechanism, compounds, procedure, pro-
duction 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. The owner or operator
shall state in writing his justification for claiming material is
a trade secret. The Air Pollution Control Officer shall rule on
the validity of trade secrecy claims.
d. Notwithstanding any other provisions of the law, all air pollution
emission data, including these emission data which constitute
trade secrets as defined in (c), are public records. Data used
to calculate emission data are not emission data for purposes of
this subdivision and data which constitute trade secrets and
which are used to calculate emission data are not public records.
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REGULATION VI
PROCEDURE
BEFORE THE HEARING BOARD
REGULATION VI
(2.0) RULE 600 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, are applicable within the boundaries
of the Mariposa County Air Pollution Control District.
(2.0) RULE 601 General.
This regulation shall apply to all hearings before the Hearing
Board of the Air Pollution Control District.
(16.0) RULE 602 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 as provided for in Rule 618 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 603 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, corpor-
ation or other entity, and names and address of the partners
if a co-partnership, names and addresses of the persons in
control, if other entity.
c. The type of business or activity involved'in the application
and the street address at which it is conducted.
d. A brief description of the article, machine, equipment or
other contrivance, if any, involved in the application.
e. The section or rule under which the petition is filed:
1. To determine whether a permit shall be revoked, or a suspended
permit reinstated under Section 24274, Health and Safety Code;
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2. For a variance under Section 24292, Health and Safety Code;
3. To revoke or modify a variance under Section 24298, Health
and Safety Code;
4. To review the denial or conditional granting of an authority
to construct or permit to operate under Rule 501 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 constituting such alleged violations.
h. Petitions for reinstatement of suspended permits shall allege, in
addition, the rule under which the permit was granted, the request
, and alleged refusal which formed the basis for such suspension,
together with a brief statement as to why information requested,
if any, was not furnished, whether such information is believed
by petitioner to be pertinent, and, if so, when it will be
furnished.
i. All petitions shall be typewritten, double.spaced, on legal or
letter size paper, on one side of the paper only, leaving a margin
of at least one inch at the top and left of each sheet.
j.. Petitions for variance shall include a proposed final compliance
date with increments of progress, when applicable.
(2.0) RULE 604 Petitions for Variances.
The Petition for Hearing form, as provided, shall be filled out completely.
(3.0) RULE 605 Appeal from Denial.
A petition to review the denial or conditional approval of a permit,
shall, in addition to the information required by Rule 603, set forth
a summary of the permit application or a copy thereof and the alleged
reasons for the denial or conditional approval and the reasons'for
appeal.
(2.0) RULE 606 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 form, filing and
service of petitions unless the chairman of the hearing board directs
otherwise and confirms such direction in writing. Such direction need
not be made at a meeting of the hearing board.
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(2.0) RULE 607 Answers.
Any person may file an answer within ten (10) days after service.
All answers shall be served in the same manner as are petitions under
the provisions of Rule 602.
(2.0) RULE 608 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 609 Place of Hearing.
All hearings shall be held at a place designated by the Hearing Board.
(16.0) RULE 610 Notice of Hearing.
The clerk of the hearing board, not less than 30 days prior to such
hearing, shall mail or deliver a notice of hearing to the petitioner,
the air pollution control officer, the holder of the permit or
variance involved, the "Federal Environmental Protection Agency", the
A.R.B., each air pollution control district in the Air Basin, and to
every person who requests such notice. In addition, said notice shall
be published in a newspaper of general circulation in each of the
counties within the district. The notice shall contain the time and
place of the hearing and such other information as may be necessary
to reasonably apprise the people witnin the district of the nature and
purpose of the hearing. (In the event of extreme emergency that
will or may threaten the public health and welfare, as determined by
the hearing board, or a petition filed pursuant to Rule 603, e, 1,
or 603, e, 4, the above 30 day period may be reduced to 10 days.)
(2.0) RULE 611 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 witnesses;
3. To cross-examine opposing witnesses on any matter relevant to
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. To rebut the evidence against him.
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c. If respondent does not testify in his own behalf, he may be called
and examined as if under cross-examination.
d. The hearing need not be conducted according to technical rules
relating to evidence and witnesses. Any relevant evidence shall be
admitted if it is the sort of evidence on which responsible persons
are accustomed to rely in the conduct of serious affairs, regard-
less of the existence of any common law or statutory rule which
might make improper the admission of such evidence over objection
in civil actions. Hearsay evidence may be used for the purpose of
supplementing or explaining any direct evidence but shall not be
sufficient in itself to support a finding unless it would be admiss-
ible over objection in civil actions. The rules of privilege shall
be effective to the same that they are now or hereafter may be
recognized in civil actions, and irrelevant and unduly repetitious
evidence shall be excluded.
e. All evidence, oral or written, and all exhibits, shall be recorded
at the time of the hearing and all records shall be maintained for
a period of time as specified by law or as determined by the Air
Pollution Control Board.
(2.0) RULE 612 Preliminary Matters.
Preliminary matters such as setting a date for hearing, granting contin-
uances, approving petitions for filing* allowing amendments and other
.preliminary rulings determinative of the merits of the case may be made
by the chairman of the hearing board without a hearing or meeting of
the hearing'board and without notice.
(2.0) RULE 613 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 614 Continuances.
The chairman 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 ex parte,
without a meeting of the hearing board and without prior notice.
(2.0) RULE 615 Decision.
The decision shall be in writing, served and filed within 15 days after
submission of the cause by the parties thereto and shall contain a brief
statement of facts found to be true, the determination of the issue
presented and the order of the hearing board. A copy shall be mailed
or delivered to the Air Pollution Control Officer, the petitioner and '
to every person who has filed an answer or who has appeared as a party
in person or by counsel at the hearing.
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(2.0) RULF616 Effective Date of Decision.
The "decision shall become effective 15 days after delivering or mailing
a copy of the decision, as provided in Rule 615 or the hearing board
may order that the decision shall become effective sooner.
(3.0) RULE 617 Lack of Permit.
The hearing board shall not receive or accept a petition for a variance
for the operation or use of any equipment until a permit has been
granted or denied by the air pollution control officer; except that
an appeal from a denial of a permit and a petition for a variance may
be filed with the hearing board in a single petition. A variance
granted by the hearing board after a denial of a permit by the Air
Pollution Control Officer may include a permit for the duration of
the variance.
(16.0) RULE 618 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 fee not to exceed the cost of the
hearing.
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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(51.5) 6.4 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 con-
taminants will not and does not exceed any one or more of the following
rates:
a. 200 pounds per hour of sulfur compounds, calculated as sulfur
dioxide (S02J;
b. 140 pounds per hour of nitrogen oxides, calculated as nitrogen
dioxide (N02);
c. 10 pounds per hour of combustion contaminants as defined in Rule 2
(e) 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 com-
prised of the minimum number of fuel burning equipment, the simultaneous
operations of which are required for the production of useful heat or
power.
Fuel burning equipment serving primarily as air pollution control
equipment by using a combustion process to destroy air contaminants
shall be exempt from the provisions of this Rule.
Nothing in this Rule shall be construed as preventing the maintenance
or preventing the alteration or modification of an existing fuel
burning equipment unit which will reduce its air mass rate of air contamin-
ant emissions.
(3.0) Ij. Permits Required.
No person shall build, alter, or replace any equipment, the use of which
may cause the issuance of air contaminants, without first having been
issued a special use permit by the Mariposa County Planning-Commission.
The Planning Commission shall not approve an application for a special
use permit until it has been proven, by the applicant, that the Air
Quality Standards set forth by the California Air Resources Board, or
the U.S. Air Quality Board (whichever is more strict) and the Mariposa
County Air Pollution Control Board, can, and will be complied with at
all times while the equipment is in operation. Whenever specialized
testing equipment, laboratory services, recording equipment, or other
equipment, services, or devices are required, or deemed to be bene-
ficial to the county, such equipment, services or devices shall be
provided, or financed, by the person applying for and receiving the
special use permit.
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(3.0) 13. Appeals.
In the event a special use permit application is denied by the Planning
Commission, the applicant may, within ten days apply in writing for an
appeal hearing by the Air Pollution Control Hearing Board of the Mariposa
Air Pollution Control District.
(3.0) U. Posting of Permit.
Every person issued a special use permit under these Rules and Regulations
shall post said special use permit in a conspicuous place and manner on
the premises on which the equipment, for which the permit was secured,
is operating.
(3.0) 15.. Altering of Permit.
No person shall willfully deface, alter, or change any permit issued
under these Rules and Regulations.
(3.0) !£. Revocation of Permit.
Failure to comply with the Air Quality Standards, as set forth in Rule
12 or the conditions defined on the Special Use Permit, will result
in the immediate revocation of said permit by the enforcement officer.
A person whose permit has been so revoked may appeal for a hearing by
the Air Pollution Control Board at its next regularly scheduled meeting.
If the revocation is upheld by the Board, the person requesting a
permit must re-apply to the Planning Commission as set forth in Rule 12.
(15.0) V7. Penalty.
Every person who violates any provision of these Rules is guilty of a
misdemeanor and is subject to a fine not to exceed $500.00 or imprison-
ment in the County Jail for a term not to exceed six (6) months, or
by both such fine and imprisonment.
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