U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-296 676
Air Pollution Regulations in State
Implementation Plans: California,
Mendocino County
Abeor, Inc, Wilmington, MA Walden Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NC Control
Programs Development Div
Aug 78
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xvEPA
PB 296676
United States
Environmental Protection
Agency
Off ice of Air QuaKty
Planning and Standards
Research Triangle Park NC 27711
EPA-450/3-78-054-19
August 1978
Air
Air Pollution Regulations
in State Implementation
Plans:
California
Mendocino County
REPRODUCED BY
NATIONAL TECHNICAL
I INFORMATION SERVICE
\ U. S. DEPARTMENT OF COMMERCE
! SPRINGFIELD, VA. 22161
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TECHNICAL REPORT DATA
(Pietoe tread Instructions on the reverse before completing)
1. REPORT NO.
EPA-450/3-78-054-19
3. RECIPIENT'S ACCE
. TITLE AND SUBTITLE
4. 11 i ue ACNU auo 111 i_e
Air Pollution Regulations in State Implementation
•Plans: California Mendocino 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
15. SUPPLEMENTARY NOTES
EPA Project Officer: Bob Schell, Control Programs Development Division
16. ABSTRACT
This document has been produced in compliance with Section 110(h)(l) of the Clean Air
Act amendments of 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.
17.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
b.lDENTIFIERS/OPEN ENDED TERMS C. COSATI Field/Group
Air pollution
Federal Regulations
Pollution
State Implementation Plans
18. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
19. SECURITY CLASS (This Report)
Unclassified
20. SECURITY CLASS (This page)
Unclassified
22. PRICE
ft 87
^ /MF
EPA Form 2220-1 (9-73)
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EPA-450/3-78-054-19
Air Pollution Regulations
in State Implementation Plans
*
California
Mendociho County
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-450/3-78-054-19
ii
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INTRODUCTION
»
This document has been produced in compliance with Section 110(h)(1)
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 enforceabi1ity 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 Took under sulfur compounds (50.2), particu-
1 ate matter process weight (50.1.1), or copper smelters (51.15). Federal
regulations pertaining to a given State immediately follow the approved
State-and local regulations.
Additionally, a summary sheet of the information included in each
comprehensive document is presented prior to the regulatory text to
allow one to quickly assess the contents of the document. Specifically, ...
the summary sheets contain the date of submittal to EPA of each revision
iii
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to the SIP and the date of the Federal Register in which the revision
was either approved or disapproved by EPA. Finally, a brief description
or reference of the regulation which was submitted is also included.^
This document is not intended to provide a tool for determining
the enforceability of any given regulation. As stated above, it is
intended to provide a comprehensive compilation of those regulations
which are incorporated directly or by reference into Title 40, Part 52,
of the Code of Federal Regulations. Consequently, the exclusion of a
Federally approved regulation from this document does not diminish the
enforceability of the regulation. Similarly, the inclusion of a given
regulation (for example, regulations governing pollutants, such as odors,
for which there is no national ambient air quality standards) in this
document does not, in itself, render, the regulation enforceable.
iv
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SUMMARY SHEET
OF
EPA-APPROVED REGULATION CHANGES
MENDOCINO COUNTY
Submittal Date Approval Date Description
6/30/72 9/22/72 Additions to Regs.
approved unless
noted otherwise.
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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,
R1ce and Soybean Facilities, Related Topics)
51.2 COAL OPERATIONS (Includes Cleaning, Preparation, Coal Refuse
Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
51.3 CONSTRUCTION (Includes Cement Plants, Materials Handling, Topics
Related to Construction Industry)
51.4 FERROUS FOUNDRIES (Includes Blast Furnaces, Related Topics)
.51.5 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Partlculates
(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 F1re, F1re
Fighting Practice, Agricultural Burning and Related Topics)
51.14 PAPER PULP; WOOD PULP AND KRAFT MILLS (Includes Related Topics)
51.15 PETROLEUM REFINERIES
51.16 PETROLEUM STORAGE (Includes Loading, Unloading, Handling and
Related Topics)
51.17 SECONDARY METAL OPERATIONS (Includes Aluminum, Steel and Related
Topics)
51.18 SULFURIC ACID PLANTS
51.19 SULFURIC RECOVERY OPERATIONS
51.20 WOOD WASTE BURNERS
51.21 MISCELLANEOUS TOPICS
vii
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(51.16) V 4H Gasoline Storage 15
(51.6) V 41 Sulfur Oxide
Emissions 15
(4.0) V 5 Ambient Air Standards 15
(7.0) VI Maintenance, Malfunction,
Evasion, Inspection 16
(3.0) VII Permits 18
(8.0) VIII Emergency Conditions 24
(16.0) IX Abatement 25
(15.0) X Violations and
Penalties 25
(16.0) XI Hearing Board 27
(5.0) XII Variances 29
(16.0) XIII Hearings 30
(2.0) XIV Construction and Validity 35
IX
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REGULATIONS
MENDOCINO COUNTY AIR POLLUTION CONTROL DISTRICT
(2.0) PART I - PURPOSE.
These regulations are set forth to achieve and maintain such levels of
air quality as will protect human health and safety, prevent injury to
plant and animal life and property, promote the comfort and convenience
of the people, promote the economic and social development and enjoyment
of the natural attractions of this county.
Air quality standards are not intended to provide a sharp line dividing
between satisfactory and unsatisfactory air. Standards are to prevent
or abate the effects of air pollution on health, esthetic and economic
factors. Since standards are set to improve the quality of air, they
should not be interpreted as permitting, encouraging or condoning
degradation of present air quality within the county which is not
superior to that of the stipulated standards.
Ambient air quality standards will be reviewed frequently in light of
new information and experience relating to effects on health, property,
plants and animals as well as progress in air pollution controls devices
or methods.
(2.0) PART II - AUTHORIZATION.
These regulations are pursuant to the authority granted the County of
Mendocino by the Health and Safety Code of the State of California. The
Air Pollution Control Board of the Mendocino County Air Pollution Control
District does hereby enact the following regulations. These shall be
known as the Regulations of the Mendocino County Air Pollution Control
District.
(1.0) PART III - DEFINITIONS, (as used in these regulations and their
applications)
1- Agricultural Operations; the growing and harvesting of crops,
including timber, "fish farming," or the raising of fowls or
animals or bees as a gainful occupation.
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2. Agricultural Burning; open outdoor fires used in agricultural
operations in the growing of crops or raising of fowls or
animals, forest management, or range improvement.
3. Air Contaminant; a dust, fume, gas, mist, odor, smoke, vapor,
pollen, soot, carbon, acid or particulate matter or any com-
bination thereof.
4. Air Pollution; the presence in the outdoor atmosphere of one
or more air contaminants in quantities, characteristics, or
duration such that they are or tend to be injurious to human,
plant or animal life or property, or which unreasonably in-
terfere with the enjoyment of life or property.
5. Air Pollution Abatement Operations; any operation which has
as its essential purpose a significant reduction in (a) the
emission of air contaminants or pollution, or (b) the effect
of such emission or pollution.
6. Alteration; any addition to or enlargement or replacement of,
or any major modification or change of the design, capacity,
process, or arrangement, or any increase in the connected load-
ing of, equipment or control apparatus which will significantly
increase or affect the kind or amount of air contaminant
emitted.
7. Ambient Air Quality Standards; the specific concentrations and
durations of air pollutants which reflect the relationship be-
tween the intensity and composition of pollution to undesirable
effects.
i
8. Atmosphere; the air that envelopes or surrounds the earth.
9. Board: the Air Pollution Control Board of the Air Pollution
Control District of Mendocino County.
10. Carbon Monoxide; a colorless gas, odorless under atmospheric
conditions, having the molecular form CO.
11. Collection Efficiency; the overall performance of an air clean-
ing device in terms of ratio of material collected to total
input to the collector unless specific size fractions of the
contaminant are stated or required.
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12. Combustible or Flammable Solid Waste: any garbage, rubbish,
trash, rags, paper, boxes, crates, excelsior, ashes, offal,
carcass of a dead animal, or any other combustible or flamm-
able refuse matter which is in solid form.
13. Combustible Refuse; any solid or liquid combustible waste
material containing carbon in a free or combined state.
14. Combustion Contaminants: matter discharged into the atmosphere
from the burning of any kind of material, excluding carbon
dioxide and water.
15. Conditions: as they appear in the table of ambient air quality
standards, specify the applicability or interpretation of the
associated standard.
16. Condensed Fumes; particulate matter generated by the condensa-
tion of vapors evolved after volatilization from the molten or
liquid state, or may be generated by sublimation, distillation,
calcination or chemical reaction, when these processes create
airborne particles.
17. Continuous Flow Conveying Methods: transporting of materials at
uniform rates of flow, or at the rates generated by the produc-
tion process.
18. Control Officer: the Air Pollution Control Officer of the Air
Pollution Control District of Mendocino County.
19. District or Control District: the Air Pollution Control
District of Mendocino County, the boundaries of which are coin-
cidental with the county's boundaries.
20. Dust: minuteasolid particles released into the air by natural
forces or by mechanical processes such as crushing, grinding,
milling, drilling, demolishing, shoveling, conveying, covering,
bagging, sweeping, etc. .
21. Emission: the act of passing into the atmosphere an air con-
taminant or gas stream which contains an air contaminant, or
the air contaminant so passed into the atmosphere.
22. Emission Point; the place, located in a horizontal plane and
vertical elevation, at which an emission enters the atmosphere.
23. Equipment; any article, machine, equipment or other contrivance
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the use of which may cause the issuance of air contaminants
or which may be designed for or used to control air contamin-
ants.
24. Equivalent Method: any procedure for measuring the concen-
tration of a contaminant, other than that specified in the air
quality standard for the contaminant, which can be shown to the
satisfaction of the Air Resources Board or the Air Pollution
Control District Board to give equivalent results at or near
the level of the air quality standard.
25. Excess Air; the quantity of air that exceeds the theoretical
quantity of air required- for complete combustion.
26. Existing Source or Equipment; any air contamination source or
equipment in use or existant at the use site at the time of
adoption of these regulations.
27. Flue; any duct or passage for air, gases, or the like, such
as a stack or chimney.
28. Health and Safety Code; the Health and Safety Code of the
State of California in its latest amended form.
29. Hearing Board; the Hearing Board of the Air Pollution Control
District of Mendocino County.
30. Hot Mix Asphalt Plant: a plant conveying proportion quantities
or batch loading of cold aggregate to a drier, and heating^
drying, screening, classifying, measuring and mixing the
aggregate and asphalt for the purposes of paving, construction,
industrial, residential or commercial use.
31. Hydrogen Sulfide: a colorless, noxious gas having the molecular
form
32. Incineration: an operation in which the combustion is carried
on for the principal purpose, or with the principal result, of
oxidizing a waste material to reduce its bulk or facilitate its
disposal.
33. Industrial Area; any area used for the manufacturing, process-
ing, fabricating, refining, repairing, packaging or treatment of
goods, materials, liquids and flammable or explosive matter or
materials.
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34. Installation: the placement, assemblage or contraction 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.
35. Micrograms Per Cubic Meter (ug/m3): a unit of concentration
which is numerically equal to the mass of a contaminant (in
micrograms) present in one cubic meter sample of air, measur-
ed at standard conditions.
36. Most Relevant Effects: effects which ambient air quality
standards are intended to prevent or abate.
37. New Sources or Equipment: any pollution source or any equipment
constructed or installed after the effective date of these
regulations. Any air pollution source or equipment replaced,
altered or processes, changed as to have any substantial effect
on the production or control of air contaminants. Any air
pollution source or equipment moved to another premise in-
volving a change of address. Any equipment purchased and to be
operated after effective date of these regulations by a new
owner or when a new lessee desires to operate such equipment.
Any equipment that is or has been shut down,put out of service
or otherwise made inoperative for 180 days and which is to be
put back into service.
38. Nitrogen Dioxide: a red-brown gas, odorless under atmospheric
conditions, having the molecular form NOg.
39. Open Outdoor Fire: any combustion of solid or liquid waste
outdoors in the open, not in any enclosure, where the products
of combustion are not directed through a flue.
40. 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 composi-
tion or the chemical or physical properties of a material.
41. Orchard or titrus Grove Heater; any article, machine, equip-
ment 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.
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42. Over Fire Air: air introduced into a tepee or wigwam burner
or other type incineration device after the primary combustion
has occurred.
43. Owner; includes but is not limited to any person who leases,
supervises or operates equipment, in addition to the normal
meaning of ownership.
44. Oxidant: a substance that oxidizes a selected reagent that is
not oxidizable by oxygen under ambient conditions. It in-
cludes ozone, organic peroxides, and peroxacyl nitrates, but
not nitrogen dioxides for purposes of these regulations.
45. Parts Per MillioiV (PPM); a volumetric unit of gas concentration
which is numerically equal to the volume of gaseous contaminant
present in one million volumes of air.
46. Particulate Matter; discrete atmospheric particles of liquid,
other than uncombined water, or solids, as distinguished from
a gas or vapor.
47. Person or Persons: an individual, public or private corporation
political subdivision, agency, board, department or bureau of
the state, municipality, partnership, co-partnership, firm,
association, trust or estate, or any other legal entity
whatsoever which is recognized in law as the subject of rights
and duties.
48. Prevailing Visibility: the greatest visibility which attained
or surpassed around at least half of the horizon circle, but
not necessarily in continuous sectors, as determined by the
procedure given in Weather Bureau, Army and Navy.
49. 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 comple-
tion thereof, excluding any time during which the equipment is
idle. For continous processes, the total weight of materials
per twenty-four (24) hour period will be used in calculations.
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50. Refuse; anything thrown away or rejected or worthless or
useless; waste, rubbish; including but not restricted to domes-
tic garbage, lawn and shrubbery trimmings; commercial wastes
such as garbage, cardboard, paper; industrial wastes.
51. Regulation: one of the major subdivisions of these regula-
tions.
52. Residential-Commercial Area; any area used for single or
multiple family dwelling purposes, including all accessory uses
and facilities; any retail sales facility, professional offices,
institutional and recreational uses and facilities and highway
service activities.
53. Section; refers to a section of the Health and Safety Code
of the State of California unless some other statute is
' specifically mentioned.
54. Standard Conditions: as used in these regulations, refers to
a gas temperature of sixty (60) degrees Fahrenheit and a gas
pressure of fourteen and seven-tenths (14.7) pounds per square
inch absolute.
55. Standard Cubic Foot of Gas: the amount of gas that would
occupy a volume of one (1) cubic foot\ if free of.combined water,
at standard conditions. When applied to gaseous combustion
products, "standard cubic foot" also implies adjustment of gas
volume to that which would result at a concentration of twelve
percent (12%) carbon dioxide or fifty percent (50%) excess air.
56. Sulphur Dioxide; a colorless, irritating gas under atmospheric
conditions, having the molecular form S02«
57. Tepee or Wigwam Burner: a burner of wood wastes, consisting of
, a single burning chamber having the general features of a
i truncated cone, and generally used in conjunction with sawmills,
, lumber mills and similar activities.
58.' Total Reduced Sulfides (TRS); reduced sulfur contained in
hydrogen sulfide, mercaptans, dimethyl sulfide, dimethyl disul-
fide or other organic sulfide compounds, all expressed as
hydrogen sulfide. Sulfur dioxide, sulfur trioxide, or sulfuric
acid mist are not to be included in the determination of TRS.
59. Underfire Air: air introduced into a tepee or wigwam burner or
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other type incineration device beneath the fuel pile or into
the primary combustion chamber.
60. Visibility Reducing Particles: atmospheric particles in the
light scattering size range.
(2.0) PART IV - OFFICERS. EMPLOYEES, DUTIES, HEARING BOARD. COMPENSATION.
1. Board; the Board of Supervisors of the County shall be, and are
hereby designated as, and empowered to act as, ex-officio the
Air Pollution Control Board of the Air Pollution Control
District (Sect. 24220 H and S Code).
2. Control Officer; the Board shall appoint an Air Pollution
Control Officer (Sect.24222, H and S Code). For the purposes
of enforcing these regulations and the provisions of Division 20,
Chapter 2, and Division 26, Part 1, Chapter 3.5, of the Calif-
ornia Health and Safety Code, the Control Officer is a peace
officer.
3. Other Employees; the Board may provide for assistants, deputies,
clerks, and other employees to be employed by the Air Pollution
Control Officer and the times at which they shall be appointed
(Health and Safety Code, Section 24223).
For the purposes of enforcing these regulations and the provi-
sions of Division 20, Chapter 2, and Division 26, Part 1,
Chapter 3.5, of the California Health and Safety Code, the Board
may appoint certain District employees as peace officers.
4. Duties of Control Officer; the Air Pollution Control Officer
shall observe and enforce, within the control district:
(a) the provisions of Chapter 2, Division 20 and Chapter
3.5, Part.l Division 26 of the Health and Safety Code
and all provisions of the Vehicle Code relating to
the emission or control of air contaminants.
(b) all orders, regulations, and rules prescribed by the
Air Pollution Control Board of the district.
(c) all variances and standards which the hearing board
prescribes pursuant to Article 5, Chapter 2, Division
20 of the Health and Safety Code and these regulations.
(H and S 24224 as amended 1970).
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Hearing Board; the Board shall appoint a Hearing Board to
consist of three (3) members, none of whom is otherwise
employed by the Air Pollution Control District or by the
County. Two (2) members shall have been admitted to practice
law in the State of California. One (1) member shall be a
chemical or mechanical engineer. If the Board is unable
to find a person with these qualifications, it may fill the
vacancy with any person (H and S 24225).
Compensation: the Board shall determine the compensation of
and pay from district funds, the Air Pollution Control Officer,
all of his assistants, deputies, clerks, and other employees
and members of the Hearing Board (H and S 24227).
(2.0) PART V - PROHIBITIONS AND STANDARDS.
(50.1.2) 1. Visible Emissions
A. A person shall not discharge into the atmosphere from
any single source of.emission whatsoever any air con-
taminant for a period or periods aggregating more than
three (3) minutes in any one (1) hour which is:
(1) as dark or darker in shade as that designated as
No. 2 of the Ringlemann Chart, as published by the
United States Bureau of Mines, or
(2) of such opacity as to obscure an observer's view
to a degree equal to or greater than does smoke
described in subsection (1) of the section.
B. Visible emissions from any new source shall not
discharge into the atmosphere from any single source
of emission whatsoever any air contamination for a
period or periods aggregating more than three (3)
minutes per hour which is:
(1) as dark or darker in shade as that designated
as No. 1 on the Ringlemann Chart as published by
the United States Bureau of Mines, or
(2) of such opacity as to obscure an observer's
view to a degree equal to or greater than does
smoke described in subsection (a) of this section.
Existing visible emissions sources will comply with
subsection V-1B by 1 January 1974.
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C. Exclusions - the provisions of Part V - 1, "Visible
Emissions", do not apply to emissions:
(1) from fires set by or permitted by any public
officer if such fire is set or permission given
in the performance of the official duty of such
officer, and such fire in the opinion of such
officer is necessary:
(a) for the purpose of the prevention of a fire
hazard which cannot be abated by any other
means, or
(b) for the instruction of public employees in the
methods of fighting fire.
(2) from fires set pursuant to permit on property used .
for industrial purposes for the purpose of instruc-
tion of employees in methods of fighting fire (H
and S 24245). '
(3) of agricultural operations and associated necessary
odors in the growing of crops, raising of fowls or
animals (H and S 24251 and 39077.5).
(4) from fires set for improvement of watershed, range,
or pasture (H and S 39077.4)..
(5) of orchard or citrus grove heaters which do not pro-
duce unconsumed solid carbonaceous matter at a rate
in excess of one (1) gram per minute (H and S
24251).
(6) from the use of other equipment in agricultural
operations in the growing of crops, or raising of
fowls or animals (H and S 24251). ;
(7) from fires set pursuant to an open burning permit '
issued by the Control Officer (H and S 39077.4). .
(50.1) 2. Particulate Matter Emissions;
A. Prohibitions:
(1) combustion contaminants discharged into the at-
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mosphere from any source shall not exceed;
(a) two-tenths (0.2) grain per standard cubic
foot for equipment in use at the time of
adoption of these regulations, or
(b) one-tenth (0.1) grain per standard cubic
foot for new equipment.
(c) equipment in use at the time of adoption
of these regulations shall comply by 1
January 1972.
(2) other sources - particulate matter discharged
into the atmosphere from other than combustion
sources shall not exceed:
(a) two-tenths (0.2) grain per standard cubic
foot, or
(b) the total process emission from a single
premise source for any dust, condensed fume,
or other particulate matter is given in
Table 1 (Appendix). The more stringent of
a. or b^ shall apply.
(c) equipment in use at the time of adoption
of these regulations will comply by 1
January 1972.
(50.2) 3- Total Reduced Sulfides (TRS). expressed as hydrogen sulfide,
discharged into the atmosphere, shall not exceed:
A. Three-hundredths (0.03) PPM for an aggregate period of
sixty (60) minutes during any twenty-four (24) consecu-
tive hours at ground level, or
B. Seventeen (17) PPM from any point source at any time, or
C. One-half (%) pound per ton of dry wood processed per
month for any integrated manufacturing facility designed
for conversion of wood materials into pulp and/or paper
or other products. Wood materials used exclusively for
fuel are not to be considered as part of the conversion
process.
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(50.7) 4. Other Emissions or Contaminants,
A. General: No person shall discharge from any non-
vehicular source whatsoever such quantitites 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 or have a natural
tendency to cause injury or damage to business or
property (H and S Code, Sections 24243 and 39077).
This does not apply to odors emanating from agricultural
operations in the growing of crops or raising of fowls
or animals (H and S Code, Section 24251.1).
(50.1) B. Open Storage: Storing of materials that will readily
give rise to air-borne particulate matter which will
escape the premise of origin shall not be permitted.
(50.1) C. Transporting and Handling: Transporting or handling of
any material in a manner which allows or may allow un-
necessary amounts of particulate matter to become air-
borne shall not be permitted.
(51.13) D. Open Burning:
(1) No person shall use open fires for the purpose of
disposal of petroleum wastes, demolition debris,
tires, trees, wood waste, or other combustible or
flammable solid or liquid waste, or for metal
* salvage or burning of automobile or other vehicle
bodies; provided, however, that until January 1,
1972, the Air Pollution Control Officer, pursuant
to Section 24245.1 of the Health and Safety Code,
may issue permits for open burning for the purpose
of disposal of demolition debris, trees, and wood
waste to the extent that such do not include tar
or petroleum-derived materials. The Air Pollution
Control Officer may delegate the. authority to issue
the aforesaid permits by deputizing his staff
personnel and any other person having the authority
under state, federal, or county law to issue any
permit related to open burning.
(2) Burning of tires for frost prevention, or any other
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purpose, shall not be permitted. Burning in open
buckets for frost prevention shall not be allowed
after January 1, 1973.
(3) No open burning of any type shall be permitted with-
in two (2) miles of the city limits of any incorpor-
ated city having a population density in excess of
seven hundred fifty (750) persons per square mile.
Burning may be allowed only in incineration devices
approved by the district. No permit shall be re-
quired to operate such an approved device.
(4) No person shall ignite or cause to be ignited, per-
mit to be ignited or suffer, allow or maintain any
open outdoor fire except as follows:
(a) fires used only for the cooking of food for
human beings or for recreational purposes, or
(b) fires permitted under exceptions to the
"Visible Emissions" Prohibitions, Section V of
these regulations, or
(c) fires set or caused to be set as backfires
necessary to save life or valuable property
pursuant to Section 4426 of the Public
Resources Code (H and S 39297), or
(d) fires set to abate fires pursuant to Chapter
2 (commencing with Section 13025) of Part 1 of
Division 12, Health and Safety Code, "Fires and
Fire Protection" (H and S 29297).
(5) Nothing in Part V-4D shall be construed as prohibit-
ing agricultural burning authorized pursuant to
these regulations and the Health and Safety Code
(H and S 39297.1).
(6) Nothing in Part V-4D shall be construed as prohibit-
ing burning for the disposal of combustible or
flammable solid waste of a single - or two-family
dwelling on its premises (H and S 39397.2), except
as prohibited in V-4D-3 above.
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(7) Nothing in Part V-4D shall be construed to pro-
hibit burning for right-of-way clearing by a
public entity or utility or for levee and ditch
maintenance (H and S 39297.3).
(51.21) E. Animal Matter:
(1) A person shall not operate or use any article,
machine, equipment of other contrivance for the
reduction of animal matter unless all gases, vapors
and gas-entrained effluents from such an article,
machine equipment or other contrivances are:
(a) incinerated at temperatures of not less than
one thousand two hundred (1,200) degrees
Fahrenheit for a period of not less than three-
tenths (0.3) second, or
(b) processed in a manner determined by the
Control Officer to be equally, or more, effect-
ive for the purpose of air pollution control
_. than (a) above.
(51.13) p. Agricultural Burning: burning will be subject to regula-
tion and control guide lines set up by the Air Resources
Board of the State of California as authorized under
Article 4, Chapter 10, Part 1 of Division 26, the Health
and Safety Code. Burning is to be regulated by permit with
consideration for meteorological conditions, quantity and
nature of material to be burned and the probable effect
of such burning on the ambient air quality within the Basin.
No guidelines for the North Coast Air Basin have been issued
at the time of enactment of these regulations.
(51.1) G. Orchard Heaters:
(1) No new orchard or citrus heater produced or manu-
factured shall be sold for use against frost damage
after 1 January 1971, unless it has been approved
by the California Air Resources Board. (H and S
39298.7).
(2) The District may allow continued use of orchard
heaters, until 1 January 1975, that will not comply
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with these regulations if provisions of these
regulations would preclude the use of such heaters
and be a serious economic hardship to the owners
or operators of the heaters or the practical
elimination of agricultural operations now being
carried out within the District (H and S 24265.5).
After 1 January 1974, all orchard heaters shall be
of a type which produces unconsumed solid carbon-
aceous matter at a rate of not more than one (1)
gram per minute. Permits are not required for
orchard heater operation.
(51.16) H. Gasoline Storage: the following sections of State Health
and Safety Code, and any Future amendments thereto, are
part of these Regulations by Reference: Section 29068.2,
et. seq., Article 2, Chapter 3, Part I, Division 26.
(51.6) I. Sulfur Oxide Emissions: no person shall discharge from
any non-vehicular source, whatsoever, quantities of sulfur
oxides, calculated as sulfur dioxide (SO/>), exceeding 1000
PPM at any time. *. ' .
(4.0) 5. Ambient Air Standards
A. Suspended particulate matter shall not exceed:
(1) Sixty (60) micrograms per cubic meter, based on the
annual geometric mean of twenty-four (24) hour samples,
or
(2) One hundred (100) micrograms per cubic meter for any
single twenty-four (24) hour sample.
B. Dustfall or fallout particulate matter shall not exceed:
(1) Fifteen (15) tons per square mile in any residential-
commercial area, based on one (1) month averaging
period, or
(2) Thirty (30) tons per square mile 1n any industrial area,
based on a one (1) month averaging period.
(3) Thirty (30) tons per square mile in any industrial area,
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based on a one (1) month averaging period.
C. Sulfur Dioxide measured at ground level shall not exceed:
(1) Two (2) PPM at any time, or
(2) Four-hundredths (0.04) PPM during a twenty-four (24)
hour averaging period, or
(3) Five-tenths (0.5) PPM for any one hour sampling period.
D. Other Ambient Air Standards as set forth by the Air Resources
Board of the State of California, shall be considered minimum
standard for the Mendocino County Air Pollution Control
District. These may be reviewed from time to time at the
discretion of the Board and made more stringent if conditions
so warrant.
(7.0) PART VI - MAINTENANCE. MALFUNCTION. EVASION, INSPECTION.
1. Maintenance: emissions exceeding any Air Pollution District
standard as a direct result of a shutdown of equipment for
scheduled maintenance shall not be deemed to be a violation
of these regulations provided:
A. A report shall be submitted to the Control Officer at least
twenty-four (24) hours prior to shutdown, and
B. The person responsible for such emissions shall complete
maintenance with reasonable speed. The Control Officer
may require in writing a full report on such occurrences
if the nature of emissions or length of shutdown warrants.
2. Malfunction of Equipment;
A. Emissions exceeding any of the limits established in these
regulations as a result of equipment or installation mal-
function shall be deemed in violation unless:
(1) The Control Officer or department is notified within
four (4) hours of malfunction onset which would be
expected to result in increased emissions, and
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(2) The person responsible for the equipment or in-
stallation operations, upon request of the Control
Officer, makes a full report, including causes and
preventative measures to be taken to minimize or
eliminate a reoccurrence within ten (10) working
days of occurrence.
(3) The Control Officer upon investigation concurs that
the upset or breakdown was unavoidable and unfore-
seeable.
B. On receipt of notification the Control Officer may permit
the continuance of operation for a period not to exceed ten
(10) days provided that written application is made to the
Control Officer. Such application shall be made within
twenty-four (24) hours of the malfunction or within such
other time period as the Control Officer may specify. In
the case of major equipment failure, the Control Officer
may permit additional time for correction provided a
corrective program has been submitted by the person and
approved by the Control Officer.
3. Evasion; No person shall cause or permit the installation or
use of any device of any means which, without resulting in
reduction in the total amount of air contaminant emitted, con-.
ceals or dilutes an emission of air contaminant which would
otherwise violate an air pollution control regulation.
4. Inspection; The Control Officer, during reasonable hours, for
the purpose of enforcing or administering these regulations
or any provisions of the Vehicle Code relating to the emissions
or control of air contaminants, or of any order, regulation or
rule prescribed pursuant thereto, may enter every building,
premises, or other place, except a private residence and may
stop, detain, and inspect any vehicle, designed for and used
on a public highway but which does not run on rails. Every
person is guilty of a misdemeanor who in any way denies,
obstructs or hampers such entrance, or such stopping, detaining
or inspection of such vehicle, or who refuses to stop such a
vehicle, upon the lawful order of the Control Officer (H and
S 24246).
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(3.0) PART VII - PERMITS.
.1. Registration; these regulations do not constitute an automatic
permit for the installation or operation of any equipment in
existence upon the effective date of these regulations. Upon
request of the Control Officer, any source of emission, actual
or potential, shall register with the District. Any owner,
operator or user of any equipment in use at the time of adoption
of these regulations and subject to these regulations who is
required to register shall be allowed thirty (30) days to
register to obtain a permit to operate and to furnish the
Control Officer with information required. Registration infor-
mation required may include all information required under
VII-4 relating to operating permits.
2. Construction, Alteration, Replacement, Sale or Rental; permits
shall be required to construct, erect, alter, replace, sell or
rent any equipment which may cause, potentially cause, reduce
control or eliminate the issuance of air contaminants. Written
authority to construct, alter, replace, sell or rent shall be
obtained from the Control Officer prior to starting construction,
erection, alteration, sale or rental. A single permit may be
issued for all components of an integrated system or process.
Plans and specifications, drawn in accordance with acceptable
engineering practices, may be required as a prerequisite to
permit issuance. The authority to construct shall remain in
effect for one (1) year or until a permit for operation if
issued, whichever occurs first. If the authority to construct
expires prior to issuance of a permit to operate, the authoriza-
tion may be extended one year at the request of permittee. A
renewal fee may be assessed. Construction not in accordance
with this permit shall be sufficient reason to deny a permit
to operate.
3. Notice of Completion: notice shall be provided in writing to
the Control Officer of the completion of construction, alteration
or replacement and the date when operation will commence.
4. Operation; permits shall be required to operate any equipment
which may cause, potentially cause, reduce, control or eliminate
the issuance of air contaminants. No permits to operate shall
be granted by the Control Officer or Hearing Board unless the
equipment is designed to meet standards set forth in these
regulations and the regulations of the Air Resources Board of
the State of California and the following further requirements
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are met:
A. Registration shall be completed within thirty (30) days
following the mailing date of the request by the Control
Officer.
B. Registration shall be made on forms furnished by the
District and completed by the owner, lessee, or agent of
the source.
C. The following information may be required of the
registrants:
(1) Name, address, owner and nature of business.
(2) Name of local person responsible for compliance with
these rules and regulations.
(3) Name of person authorized to receive requests for
data and information.
(4) A description of the production processes and a
related flow chart.
(5) A plot plan showing the location and height of all
air contaminant sources. The plot plan shall also
indicate the nearest residential or commercial
property.
(6) Type and quantity of fuels used or wastes combusted.
(7) Amount, nature and duration of air contaminant
emissions.
(8) Estimated collection efficiency of air pollution
control equipment under present or anticipated
operating conditions.
(9) Amount and method of refuse disposal.
D. Re-Registration will be carried out:
(1) Annually upon the date of initial registration,
by person responsible for the air contamination
source reaffirming in writing the correctness
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and current status of the information furnished
the District, or
(2) At any time changes in the factual data reported
under Section VI1-3 occur, such changes shall be
reported to the District in writing. Re-registration
may be required on forms furnished by the District.
5. Approval: a permit, conditional permit or notice of approval to
construct, alter, replace, sell, rent or operate does not
relieve the owner or operator of the responsibility of com-
plying with the emission standards and regulations of this
District, the Air Resources Board and the Health and Safety Code.
6. Posting of Permits: permits shall be posted on the equipment.
Posting shall consist of affixing the permit, and approved
facsimile, or other approved identification bearing the permit
number upon the equipment in such a manner to be clearly visible
and accessible.
In the event 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 twenty-five (25) feet of the equip-
ment, or maintained readily available at all times on the
operating premises.
7. Transfer of Permits: permits are non-transferrable from one
location to another, from one piece of equipment to another,
or from one person to another.
8. Conditional Permits: the Control Officer may issue an authority
to construct or permit to operate or use, subject to con-
ditions which will bring the operation of any equipment within
the applicable standards set forth in these regulations, in
which case the conditions shall be specified in writing.
Commencing work under such an authority to construct or
operation under such a'permit to operate shall be deemed accept-
ance of all the conditions so specified. The Control Officer
may issue an authority to construct or 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 these regulations under the revised
conditions. :
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9. Bse Permits; permits to construct, alter, replace, or operate
issued under these regulations do not replace, supplant or
negate the need for a Use Permit issued by the Planning
Commission under Section 20-74 of the Mendocino County Code.
10. Action on Applications: the Control Officer shall act promptly
on an application for authority to construct, alter, replace,
sell or rent, or permit to operate, and shall notify the
applicant in writing by mail or in person, of the action taken,
namely approval, conditional approval, of denial. Notice
of action taken shall be deemed to have been given when the
written notification has been deposited in the mail, postpaid,
addressed to the address shown on the application, or when
personally delivered to the applicant or his representative.
11. Exclusions; permits shall not be required for:
A. Any vehicle as defined in the Vehicle Code.
B. Any structure designed for and used exclusively as a
dwelling for not more than two (2) families.
C. An incinerator used exclusively in connection with such a
dwelling structure. .
D. Barbecue equipment which is not used for commercial
purposes.
E. Orchard or citrus grove heaters described in 11 of this
subsection and in section V-IE of these regulations (H and
S 24251).
F. Repairs or maintenance not involving structural changes
to any equipment for which a permit has been granted.
12. Fees for Permits: the Air Pollution Control Board may provide
a schedule of fees not exceeding the estimated cost of issuing
permits and inspection pertaining to such.
13. Source Emission Testing; in the event that emission occurs,
or is likely to occur, which is in excess of that allowed by
these regulations, or if the nature of the emissions warrents,
emission source or emission premise monitoring may be required
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as follows:
A. The source owner or operator may be required to perform
or have performed tests to determine the emission of air
contaminants from any source. Tests must be conducted by
reputable, qualified personnel and in accordance with
good professional practice and acceptable methods. The
District may observe such testing at any time and be
supplied with a copy of test results in writing, signed
by the person responsible.
B. Require the installation of emission monitoring equipment
on a permanent basis so the operators of air contamina-
tion sources may know the nature and extent of emission.
Records of such monitoring shall be available to the
District upon demand. Such monitoring must be done by
qualified personnel and with acceptable methods.
C. The District may conduct emission tests on any premise.
The owner shall provide necessary holes, stacks, ducts,
platforms or other such safe and proper sampling and
testing facilities. Any construction required shall be
in accordance with the General Industrial Safety Orders
of the State of California. If permanent monitoring is
deemed necessary, any equipment needed shall be provided
and maintained by the owner under the general direction
of the District. Copies of any District testing result
shall be provided the owner upon request.
14. Plans and Specifications: the Control Officer at any time
may require from an applicant for, or holder of any permit
provided for by these regulations, such information, analysis,
plans, or specifications as will disclose the nature, extent,
quantity or degree of air contaminants which are or may be
discharged by such source (H and S 24269). Any plans or
specifications that should be considered confidential should be
clearly designated and so certified by the owner or operator.
15. Suspension of Permit:
A. Any permit issued under these regulations may be sus-
pended by the Control Officer, Board of Hearing Board for
violation of any regulation or standard of the District.
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B. If the holder of any permit provided for by these
regulations within fifteen (15) days (H and S says
"reasonable" time) wilfully fails and refuses to fur-
nish to the Control Officer information, analyses, plans
or specifications requested, the Control Officer may
suspend the permit. Written notice of such suspension
and the reasons therefore shall be served the permittee
(H and S 24270).
C. Within ten (10) days after receipt of notice of suspen-
sion the permittee may file with the Hearing Board a
demand for a public hearing as to whether or not the
permit was properly suspended (H and S 24271).
16. Reinstatement of Permit:
A. The Control Officer shall reinstate a suspended permit
when all information, analyses, plans and specifications
are furnished (H and S 24272).
B. The Control Officer may reinstate a suspended permit
where, in his opinion, good reasons exist therefore
(H and S 24273).
C. The Control Officer may request the Hearing Board to
hold a public hearing to determine whether a permit should
be revoked, or a suspended permit should be reinstated
(H and S 24274).
D. Within thirty (30) days after either the Control Officer or
the permittee has requested a public hearing, the Hearing
Board shall hold such hearing and give notice of the time
and place of such hearing to the permittee, to the Control
Officer and to such other persons as the Hearina Board
deems should be notified, not less than ten (10) days be-
fore the date of the public hearing (H and S 24275).
E. After a public hearing the Hearing Board may:
(1) Continue the Suspension of a permit suspended by the
Control Officer, or
(2) Remove the suspension of an existing permit invoked
by the Control Officer pending the furnishing by
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the permittee of the information, analyses, plans
and specifications required, or
(3) Find that no violation exists and reinstate an
existing permit, or
(4) Revoke an existing permit, if it finds:
(a) . the permittee has failed to correct any con-
ditions required by the Control Officer, or
(b) a refusal of a permit would be justified, or
(c) fraud or deceit was employed in the obtaining
of the permit, or
(d) any violation of these regulations or Chapter
2 of the H and S Code (H and S 24276).
17. Denial of Applications:
A. In the event of denial of an authority to construct, permit
to operate or permit to sell or rent, the Control Officer
shall notify the applicant in writing of the reasons there-
fore. Service of this notification may be made in person
or by mail, addressed to the applicant at the address set
forth on the application, and such service may be proved
by the written acknowledgement of the persons served or
affidavit of the person making the service. The Control
Officer shall not accept a further application unless the
applicant has complied with the objections specified by
the Control Officer as his reason for denial of the
authority to construct, the permit to operate or the permit
to sell or rent.
B. Before acting on an application for authority to construct,
permit to operate or permit to sell or rent, the Control
Officer may require the applicant to furnish further infor-
mation or further plans or specifications.
C. Failure of the Control Officer to act upon an application
to construct, alter, replace, sell or rent within sixty (60)
days of initial application or within thirty (30) days after
the applicant furnishes further information, plans and
specifications requested by the Control Officer, whichever
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is later, shall be considered a denial of permit.
The applicant may thereafter petition the Control
Officer for action.
D. Within ten (10) days after notice by the Control
Officer of denial or conditional approval of an authority
to construct, permit to operate or use or permit to sell
or rent or within ten (10) days after the application is
deemed denied pursuant to C above, the applicant may
petition the Hearing Board, in writing, for a public
hearing. The Hearing Board, after notice and a public
hearing held within thirty (30) days after filing the
petition, may sustain, reverse or modify the action of the
Control Officer; such order may be made subject to
specified conditions.
18.. Schedule of Compliance; A person responsible for emission
which is not in compliance with these regulations on their
effective date or a person found by the Control Officer at
a later date not in compliance, shall submit to the Control
Officer for approval a schedule for compliance containing
estimates of time for engineering, time for procurement, time
for fabrication and time for installation and adjustment. The
schedule shall be submitted within sixty (60) days of the
initial request. The original schedule may be amended within
ninety (90) days of the original request, provided the material
facts are presented in writing, indicating a different
reasonable schedule. Failure of the applicant to comply with
the original or modified schedule may result in:
A. Further demand by the'Control Officer for a compliance
schedule or reports as necessary to show reasonable progress,
or
B. Application of enforcement procedures contained in these
regulations if unreasonable delay has occurred without
significant progress. Submission of a schedule of com-
pliance is not a permit to continue in violation of these
regulations.
(8.0) PART VIII - EMERGENCY CONDITIONS.
In the event of generalized atmospheric conditions or localized dangerous
contamination of such a nature to warrant, the Control Officer may take
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immediate action and instruct person or persons contributing to air
pollution to reduce or discontinue immediately the emission of air
contaminants. A hearing may.be held by the Hearing Board within twenty-
four (24) hours of such action.
(16.0) PART IX - ABATEMENT.
The Air Pollution Control Board may, after notice and a hearing, issue,
or provide for the issuance by Hearing Board, after notice and a hearing
of, an order for abatement whenever the District finds that any person
is in violation of these regulations prohibiting or limiting the dis-
charge of air contaminants into the air. The Air Pollution Control
Board in holding hearings on the issuance of orders for abatement shall
have all powers and duties conferred on the Hearing Board. The Hearing
Board in holding hearings on the issuance of orders for abatement shall
have all powers and duties conferred upon it by these regulations and
the Health and Safety Code (H and S 24260.5) (AB88).
(15.0) PART X - VIOLATIONS AND PENALTIES. •
1. General;
A. Every person violating any order, rule or regulation of an
Air Pollution Control District is guilty of a misdemeanor.
Every day during any portion of which such a violation
occurs is a separate offense (H and S 24281).
B. Any violation of any order, rule, or regulation of the
Air Pollution Control Board may be enjoined in a civil
action brought in the name of the people of the State of
California, except that the plaintiff shall not be re-
quired to allege facts necessary to show or tending to
show lack of adequate remedy at law or to show or tending
to show irreparable damage or loss (H and S 24252, amended
1970 by (AB 90).
C. Any person who intentionally or negligently violates any
rule or regulation of the Air Pollution Control District,
or the State Air Resources Board, prohibiting or limiting
the discharge of air contaminants into the air, shall be
liable for a civil penalty not to exceed five hundred dollars
($500.00) for each day in which such violation occurs (H and
S 39261) (AB 88 1970).
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2. Visible Emission Prohibition; Every person who violates .
any provisions of these regulations which are set forth
under authority of Division 20, Chapter 2, H and S Code, is
guilty of a misdemeanor. Every day during any portion of which
such violation occurs constitutes a separate offense (H and S
24253).
3. Permits:
A. Every person is guilty of a misdemeanor who knowingly makes
any false statement in any application for a permit or in
any-information, analyses plans, or specifications sub-
mitted either in conjunction therewith, or at the request
of the Control Officer (H and S 24277).
B. Every person is guilty of a misdemeanor who builds, erects,
alters, replaces, uses or operates any source capable of
emitting air contaminants for which a permit is required by
these regulations when his permit to do so has been either
suspended or revoked (H and S 24278).
C. Every person required by~these~regulations to-obtain-a
permit so to do who, without first obtaining such permit,
builds, erects, alters, replaces uses or operates any source
capable of emitting air contaminants, is guilty of a mis-
demeanor (H and S 24279).
D. Every person is guilty of a misdemeanor who builds, erects,
alters, or replaces, operates or uses any such article,
machine, equipment, or other contrivance contrary to the pro-
visions of any permits issued under these regulations or the
H and S Code, State of California (H and S 24280).
E. Every permittee who wilfully fails or neglects to furnish
information, analyses, plans or specifications required by
the Control Officer is guilty of a misdemeanor (H and S
24282).
4. Abatement; Any person who intentionally or negligently vio-
lates any order of abatement issued by the District pursuant to
these regulations, Part X, or by the State Air Resources Board,
shall be liable for a civil penalty not to exceed six thousand
($6,000.00) for each day in which such violation occurs. (H
and S 39260).
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5. Open Burning: Any violation of Part V-4D-1 is a misdemeanor
punishable by imprisonment in the county jail not exceeding
six (6) months, or by fine not exceeding five hundred dollars
($500.00), or both, and the cost of putting out the fire.
Every day during any portion of which such violation occurs
constitutes a separate offense (H and S 39296.1)
6. Orchard Heaters; Any violation of Part V-46 of these regula-
lations is a misdemeanor punishable by imprisonment in the
county jail not exceeding six (6) months, or by fine not
exceeding five hundred dollars ($500.00), or both, and the
cost of putting out the fire. Every day during any portion of
which such violation occurs constitutes a separate offense.
(H and S 29298.7).
(16.0) PART XI - HEARING BOARD.
1. The Hearing Board shall select from its number a chairman
(H and S 24311).
2. The Hearing Board may hold a hearing in bank or may designate
two (2) or one (1) of their number to hold a hearing (H and S
24312).
3. If two (2) or three (3) members of the Hearing Board conduct
a hearing the concurrence of two (2) shall be necessary to a
decision (H and S 24313).
4. The Hearing Board not less than two (2) being present may, in
its discretion, within thirty (30) rehear any matter which was
decided by a single member (H and S 24314).
5. Whenever the members of the Hearing Board conducting any hear-
ing deem it necessary to examine any person as a witness at such
hearing, the chairman of the Hearing Board shall issue a sub-
pena, in proper form, commanding such person to appear before
it at a time and place specified to be examined as a witness.
The subpena may require such person to produce all books, papers
and documents in his possession or under his control material
to such hearing (H and S 24315).
6. A subpena to appear before the Hearing Board shall be served
in the same manner as a subpena in a civil action (H and S
24316).
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7. Whenever any person duly subpenaed to appear and give
evidence or to produce any books and papers before the
Hearing Board neglects or refuses to appear, or to pro-
duce any books and papers, as required by the subpena or
refuses to testify or to answer any questions which the
Hearing Board decides is proper and pertinent, he shall be
deemed in contempt, and the Hearing Board shall report the
fact to the judge of the Superior Court of the County (H
and S 24317).
8. Upon receipt of the report, the judge of the Superior Court
shall issue an attachment directed to the Sheriff of the
County where the witness was required to appear and testify
commanding the Sheriff to attach such person and forthwith
bring him before the judge who ordered the attachment
issued (H and S 24318).
9. On the return of the attachment and the production of the
body of the defendant, the judge has jurisdiction of the
matter. The person charged may purge himself of the contempt
in the same way, and the same proceeding shall be had, and
the same penalties may be imposed, and the same punishment
inflicted as in the case of a witness subpenaed to appear
and give evidence on the trial of a civil cause before a
Superior Court (H and S 24319).
10. Every member of the Hearing Board may administer oaths in
every hearing in which he participates (H and S 24320).
11. At any hearing the Hearing Board may require all or any
witness to be sworn before testifying (H and S 24321).
12. Any person deeming himself aggrieved, including the Air
Pollution Control District, may maintain a special proceed-
ing in the Superior Court, to determine the reasonableness
and legality of any action of the Hearing Board (H and S
24322).
13. Any person filing such a special proceeding after any
decision of the Hearing Board shall be entitled to a trial
de novo and an independent determination of the reasonableness
and legality of such action in such court on all issue of law
facts, and mixed questions of law and facts and opinions therein
involved (H and S 24323).
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(5.0) PART XII - VARIANCES.
1. The provisions of the H and S Code, and these regulations
do not prohibit the discharge of air contaminants to a
greater extent or for a longer time, or both, than permitted
by Article 3, Chapter 2, Division 20, H and S and Section
V (Prohibitions and Standards) of these regulations, if not
of a greater extent or longer time than the Hearing Board or a
court after a hearing before the Hearing Board finds necessary
(H and S 24291).
Notwithstanding this provision, no person shall set, grant
permission to set, or cause to be set, fires which would be
in violation of any applicable order, rule or regulation
adopted pursuant to these regulations and the Health and
Safety Code (H and S 39077.3).
2. The Hearing Board on its own motion or at the request of any
person may hold a hearing to determine under what conditions
and to what extent a variance from the requirements established
by these rules and regulations is necessary and will be
permitted (H and S 24292).
3. The Air Pollution Control Board may set forth a schedule of
fees which will yield a sum not^exceeding the estimated cost
of the administration of this section, for the filing of
applications for variances or to revoke or modify variances.
All applicants shall pay the fees required by such a schedule
(H and S 24293). to the District Treasury ( H-and S 24294).
4. The Hearing Board shall serve a notice of the time and place
of a hearing to grant a variance upon the Control Officer and
upon the applicant, if any, not less than ten (10) days prior
to such hearing (H and S 24295).
5. If the Hearing Board finds that because of conditions which are
beyond control of the owner or operator, compliance with these
regulations or order of the Air Pollution Control Board will
result in an arbitrary and unreasonable taking of property or
in the practical closing and elimination of any lawful business,
occupation or activity, in either case without a sufficient
corresponding benefit or advantage to the people in the reduc-
tion of air contamination, it shall prescribe other and
different requirements not more onerous applicable to plants
and equipment operated either by same classes of industries or
persons, or to the operation of separate persons; provided,
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however, that no variance may permit or authorize the
maintenance of a nuisance (H and S 24296),
6. In determining under what conditions and to what extent a
variance from said requirements is necessary and will be
permitted, the Hearing Board shall exercise a wide discre-
tion in weighing the equitites involved and the advantage
and disadvantages to the residents of the district and to
any lawful business, occupation or activity involved,
resulting from requiring compliance with said requirements
or resulting from granting a variance (H and S 24297).
7. The Hearing Board may revoke or modify by written order,
after public hearing held upon not less than ten (10) days
notice, any order permitting a variance (H and S 24298).
Notice of time and place of a hearing to revoke or modify
any order permitting a variance shall be served upon the
Control Officer, upon all persons who will be subjected to
greater restrictions if such order is revoked or modified
as proposed and upon all other persons interested or likely
to be affected who have filed with the Hearing Board or
Control Officer a written request for such notification
(H and S 24299). Notice shall be submitted by personal
service or first class mail, postage prepaid. If the identity
or address of any person entitled to notice is unknown, the
Hearing Board shall serve such person by publication of
notice once in a newspaper of general circulation published
within the Air Pollution Control District (H and S 24300).
8. The Hearing Board in making any order permitting a variance
may specify the time during which such order will be effective
in no event to exceed one year, but such variance may be con-
tinued from year to year without another hearing on the
approval of the Control Officer (H and S 24301).
(16.0) PART XIII - HEARINGS.
1. Fee; Every applicant or petitioner for a variance, or the
extention, 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 to the clerk of the Hearing Board, on filing, a fee.
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Transcript: Any person requesting a transcript of the hearing,
except the Air Pollution Control District, shall pay the cost
of such transcript.
Contents of Petition:
A. Every petition shall include:
(1) The name, address and telephone number of the
petitioner or other person authorized to receive
service of notices.
(2) Whether the petitioner is an individual, partnership,
co-partnership, corporation or other entity, and
the names and address of the partners if a co-
partnership, names and address of the officer, if a
corporation, and the names and address of the persons
in control, if other entity.
(3) The type of business or activity involved in the
application and the street address at which it is
conducted.
(4) A brief description of the article, machine, equip-
ment or other contrivance, if any, involved in the
application.
(5) The regulation under which the petition is filed;
that is whether petitioner desires a hearing:
(a) to determine whether a permit shall be revoked
or suspended permit reinstated (H and S 24274).
(b) for a variance.
(c) to revoke or modify a variance.
(d) to review the denial or conditional granting of
an authority to construct, permit to operate or
permit to sell or rent.
(6) The signature of the petitioner or person authorized
in the petitioner's behalf. Such authorization shall
be stated.
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(7) The regulation under which permit was granted in
petitions for revocation, together with a brief
statement of the facts constituting the alleged
violation.
(8) The request and alleged refusal, in petitions for
reinstatement of suspended permits, which formed
the basis for such suspension, together with a
brief statement as to why the information re-
quested, if any, was not furnished, whether such
information is believed by the petitioner to be
pertinent, and if so, when it will be furnished.
(9) All petitions shall be typewritten, double-spaced,
on legal or letter sized paper, one side of the
paper only, leaving a margin of at least one inch
at the top and left side of each sheet.
4. Variance Petition:
A. Variance petitions shall include, in addition to the in-
formation in three (3) above, the following:
(1) Facts showing why compliance with the section,
regulation or order is unreasonable.
(2) The period of time for which variance is sought
and why such a period is requested.
(3) The damage or harm resulting or which would result
to the petitioner from compliance with District
regulations or order.
(4) The requirements the petitioner can meet and the
date when the petitioner can comply with such
requirements. '
i
(5) The advantages and disadvantages to the residents
of the District resulting from requiring com-
pliance or resulting from granting a variance.
(6) Whether or not operations under such variance, if
granted, would constitute a nuisance.
(7) Whether or not any case involving the same identi-
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cal equipment or process is pending in any court,
civil or criminal.
5. Non-Acceptance of Petition; The clerk of the Hearing Board
shall not accept for filing any petition which does not comply
with these regulations unless the chairman or any two (2) mem-
bers of the Hearing Board direct otherwise and confirm such
direction in writing. This need not be done at a meeting of
the Hearing Board. The chairman or any two members, without
a meeting may require the petitioner to state further facts
or reframe a petition so as to disclose clearly the issue
involved.
6. Dismissal by Petitioner; The petitioner may dismiss his pet-
ition at any time before submission of the case to the Hearing
Board, without a hearing or meeting of the Hearing Board. The
clerk of the Hearing Board shall notify all interested persons
of such dismissal.
7. Amending of Petition; At any time more than ten (10) days
prior to hearing, the petitioner may amend his petition by
serving an amended copy to all necessary parties. Amendments
less than ten (10) days prior to the hearing will be allowed
at the discretion of the Hearing Board.
8. Notice of Hearing; The clerk of the Hearing Board shall mail
or deliver a notice of hearing to the petitioner, the Control
Officer, the holder of the permit or variance involved, if
any, and to any person entitled to notice under Sections 24275,
24295 and 242999, Health and Safety Code and these regulations
not less than ten (10) days before the date of public hearing.
9. Place of Hearing; All hearing shall be held at the County
Supervisor's Chambers, Mendocino County Courthouse, Ukiah,
California, unless some other place is specified by the Hearing
Board.
10. Procedure;
A. Oral Evidence shall be taken only on oath or affirmation.
B. Each party shall have these rights;
(1) To call and examine witnesses.
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(2) To Introduce exhibits.
(3) To cross-examine opposing witnesses on any
matter relevant to the issue even though that
matter was not covered in the direct examination.
(4) To impeach any witness regardless of which party
first called him to testify and to rebut evidence
against him.
(5) A respondent may be called and examined even if he
does not testify in his own behalf.
C. The hearing need not be conducted according to technical
rules relating to evidence and witnesses. Any relevant
evidence shall be admitted if it 1s the sort of evidence
on which responsible persons are accustomed to rely in the conduct
of serious affairs, regardless of the existence of any
common law or statutory rule which might make improper the
admission of such evidence over objections in civil actions.
Heresay 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 1t 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 recognized in civil actions and
irrelevant and unduly repetitious evidence shall be excluded.
D. The chairman or any two members of the Hearing Board shall
grant any continuance of fifteen (15) days or less, con-
curred in by the petitioner, the Control Officer and by
every person who has filed an answer 1n the action. Written
notice of such continuance shall be served on all parties
concerned by the party instituting the continuance.
E. The decision of the Hearing Board shall be in writing, served
and filed within thirty (30) days after submission of the
cause by the parties thereto and shall contain a brief
statement of facts found to be true, the determination of
the issues presented and the order of the Hearing Board. A
copy shall be mailed or delivered to the 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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F. The decision of the Hearing Board shall become effective
fifteen (15) days after delivering or mailing a copy of
the decision, or the Hearing Board may order that the
decision become effective sooner.
G. The Hearing Board shall not receive or accept a petition
for a variance for the operation or use of any article,
machine, equipment or other contrivance until a permit to
operate has been granted or denied by the Control Officer
except under the following conditions:
(1) An appeal from a denial of a permit to operate
and a petition for a variance may be filed with
the Hearing Board in a single petition, or
(2) The Control Officer may petition the Hearing Board
to grant a variance or extention on initial com-
pliance for any individual operation or group of
operations.
H. A variance granted by the Hearing Board after a denial of
a permit to operate by the Control Officer may include a
permit to operate for the duration of the variance.
(2.0) PART XIV - CONSTRUCTION AND VALIDITY.
1. If any provisions of these regulations shall be under void or
unconstitutional by judicial or other determination, all
other parts of these regulations which are not expressly held
to be void or unconstitutional shall continue in full force
and effect.
2. The regulations are not intended to permit any practice which
is in violation of any statute, ordinance, order or regulation
of the United States, State of California, County of Mendocino
or any incorporated city therein; and no provisions contained
in these regulations are intended to impair or abrogate any
civil remedy or process, whether legal or equitable, which
might otherwise be available to any person.
3. These regulations shall be liberally construed for the
protection of the health, safety and welfare of the people of
Mendocino County.
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TABLE 1
MENDOCINO COUNTY AIR POLLUTION CONTROL DISTRICT:
PARTICULATE MATTER EMISSIONS STANDARDS FOR PROCESS
UNITS AND PROCESS EQUIPMENT
Process
Lbs/Hr
50
100
150
200
250
300
350
400
450
500
550
600
650
700
750
800
850
900
950
1000
1100
1200
1300
1400
1500
1600
1700
1800
1900
2000
2100
2200
Emission
Lbs/Hr
0.24
0.46
0.66
0.85
1.03
1.20
1.35
1.50
1.63
1.77
1.89
2.01
2.12
2.24 . _
2.34
2.43
2.53
2.62
2.72
2.80
2.97
3.12
3.26
3.40
3.54
3.66
3.79
3.91
4.03
4.14
4.24
4*. 34
Process
Lbs/Hr
2300
2400
2500
2600
2700
2800
2900
3000
3100
3200
3300
3400
3500
3600
3700
3800
3900
4000
4100
4200
4300
4400
4500
4600
4700
4800
4900
5000
5500
6000
6500
7000
Emission
Lbs/Hr
4.44
4.55
4.64
4.74
84
92
02
10
18
27
36
44
5.52
5.61
5.
5.
5.
5,
6,
6.
6,
69
77
85
93
01
08
15
6.22
.30
.37
6.45
.52
.60
6.67
02
37
71
Process
Lbs/Hr
7500
8000
8500
9000
9500
10000
11000
12000
13000
14000
15000
16000
17000
18000
19000
20000
30000
40000
50000
60000
Emission
Lbs/Hr
8.39
8.71
9.03
9.36
9.67
10.00
10.63
11.28
11.89
12.50
13.13
13.74
14.36
14.97
"-15.58
16.19
22.22
28.30
34.30
40.00
8.05
Interpolation and extrapolation of the data for process unit weight rates
in excess,of 60,000 Ib/hr shall be accomplished by the use of the equation:
E=55.0P -40, where E=rate of process unit emission in Ib/hr and P=
process weight in tons/hr.
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