U.S. DEPARTMENT OF COMMERCE
                                  National Technical Information Service
                                  PB-296 659
Air Pollution Regulations  in
State  Implementation Plans
California,  Butte County

Abcor,  Inc, Wilmington, MA  Walden  Div
Prepared for
Environmental Protection  Agency,  Research  Triangle Park, NC
Programs Development Div
Aug 78
Control

-------
oEPA
                                       PB 296659
             United States
             Environmental Protection
             Agency
               :   "   '   '""""I	"~
            Office of Air Quality       |\ EPA-450/3-78-054-2
            Planning and Standards      August 1978
            Research Triangle Park NC 27711
             Air
Air Pollution  Regulations
in  State Implementation
Plans:

California
Butte County
                  .'  REPRODUCED BY        i

                   NATIONAL TECHNICAL  \

                  j INFORMATION SERVICE  ;
                  !  U. S. DEPARTMENT OF COMMERCE   .
                  «   SPRINGFIELD. VA. 22161    j

-------
                                   TECHNICAL REPORT DATA
                            (Please read Instructions on the reverse before completing)
1. REPORT NO.
  EPA-450/3-78-054-2
                             2.
                                                           3. RECIPIENT-SA
4, TITLE AND SUBTITLE
 Air Pollution Regulations in State Implementation
 Plans: California   Butte County
             6. REPORT DATE
               August 1978
             6. PERFORMING ORGANIZATION CODE
7. AUTHOH(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
  (vnth 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, 1978S 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.
                               KEY WORDS AND DOCUMENT ANALYSIS
                  DESCRIPTORS
               ENDED.TERMS C.  CO5ATI FieW/GlOUp
  Air pollution
  Federal Regulations
  Pollution
  State Implementation  Plans
18. DISTRIBUTION STATEMENT

  RELEASE UNLIMITED
19. SECURITY CLASS (This Report)

   Unclassified	
                                                                         21.
                                              20. SECURITY CLASS (This page)

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

-------
                                  EPA-450/3-78-054
    Air Pollution  Regulations
in  State Implementation Plans
                 0
                 California
                Butte County
                       by

                Walden Division of Abcor, Inc.
                 Wilmington, Massachusetts
                  Contract No. 68-02-2890
                 EPA Project Officer: Bob Schell
                     Prepared for

             U.S. ENVIRONMENTAL PROTECTION AGENCY
                Office of Air, Noise, and Radiation
             Office of Air Quality Planning and Standards
             Research Triangle Park, North Carolina 27711

                     August 1978

-------
This report is issued by the Environmental Protection Agency to
report air pollution regulations of interest to a limited number of
readers.  Copies are available, for a fee, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
This report was furnished to the Environmental Protection Agency by
Walden Division of Abcor, Inc., Wilmington, Mass. 01887,  in fulfillment
of Contract No. 68-02-2890.  The contents of this report are reproduced
herein as received from Walden Division of Abcor,  Inc.  The opinions,
findings, and conclusions expressed are those of the author and not
necessarily those of the Environmental  Protection Agency. Mention of
company or product names is not to be considered as an endorsement
by the Environmental Protection Agency.
                     Publication No. EPA-450/3-78-054-2

-------
                             INTRODUCTION

                                   •                            »
     This document has been produced  in compliance with Section 110(h)(l)
of the Clean Air Act Amendments^ of 1977.  The. Federally enforceable
regulations contained in the-State Implementation Plans (SIPs) have been
compiled for all 56 States and territories (with the exception of the
Northern Mariana Islands).  They consist of both the Federally approved
State and/or local air quality regulations as indicated in the Federal
Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register.  Regulations which fall into one of
the above categories as of January 1, 1978, have been incorporated.  As
mandated by Congress, this document will be updated annually. .State
and/or local air quality regulations  which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.

     There have been-recent changes in the Federal enforceability of
parking management regulations and indirect source regulations.  The
October, 1977, appropriation bill for EPA prohibited Federal enforcement
of parking management regulations in the absence of specific Federal
authorizing legislation.  Federally promulgated parking management
regulations have, therefore, been suspended indefinitely.  Pursuant to
the 1977 Clean Air Act Amendments, indirect source regulations may not
be required for the approval of a given SIP.  Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted indirect source regulations Contained in an applicable SIP
are Federally enforceable.  More  importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded, operated, or owned facilities or projects.  Therefore, the
Federally promulgated-:indirect-source, regulations appearing in this
document are not enforceable by EPA except as they relate to Federal
facilities.

     Since State air quality regulations vary widely in their organization,
content, and language, a standardized-subject index is utilized in this
document.  Index listings consist of both contaminant and activity oriented
categories to facilitate usage.   For example, for regulations which apply
to copper smelters, one might look under sulfur compounds (50.2), particu-
late matter process weight (50.1.1), or copper smelters (51.15).  Federal
regulations pertaining to a given State immediately follow the approved
State and local regulations.

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

-------
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 ars 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.

-------
                                  SUMMARY SHEET
                                       OF
                         EPA-APPROVED REGULATION CHANGES

                                  BUTTE COUNTY
Submittal Date

6/30/72
Approval Date

9/22/72
Description

All regulations
unless otherwise
stated.
7/25/73
8/22/77
Sec. 1-1 thru 1-35,
2-8, 2-10 thru 2-11,
2A-1 thru 2A-18, 3-2
thru 3-2.1, 3-6, 3-9,
3-10.1, 3-11.1, 3-14,
3-16
1/10/75
2/10/76
8/22/77
5/11/77
                                                      Sec.  3-11,  3-12, 3-12.1
                                                      3-11.2

-------
                         DOCUMENTATION  OF CURRENT EPA-APPROVED
                            STATE  AIR POLLUTION REGULATIONS
                            REVISED STANDARD SUBJECT INDEX
 1.0   DEFINITIONS
 2.0   GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES
 3.0   REGISTRATION CERTIFICATES,  OPERATING PERMITS AND APPLICATIONS
 4.0   AIR QUALITY STANDARDS (PRIMARY AND SECONDARY)
       4.1    PARTICULATES
       4.2   SULFUR DIOXIDE
       4.3   NITRIC OXIDES
       4.4   HYDROCARBONS
       4.5   CARBON MONOXIDE
       4.6   OXIDANTS
       4.7   OTHERS
 5.0   VARIANCES
 6.0   COMPLIANCE SCHEDULES
 7.0   EQUIPMENT MALFUNCTION AND MAINTENANCE
 8.0   EMERGENCY EPISODES
 9.0   AIR QUALITY SURVEILLANCE AND SOURCE TESTING
10.0   NEW SOURCE PERFORMANCE STANDARDS
11.0   NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS
12.0   MOTOR VEHICLE EMISSIONS AND CONTROLS
13.0   RECORD KEEPING AND REPORTING
14.0   PUBLIC AVAILABILITY OF DATA
15.0   LEGAL AUTHORITY AND ENFORCEMENT
16.0   HEARINGS, COMPLAINTS, AND INVESTIGATIONS
17.0   PREVENTION OF SIGNIFICANT DETERIORATION
18.0   AIR QUALITY MAINTENANCE AREA
19.0 - 49.0
       RESERVED FOR FUTURE EXPANSION OF COMMON INDEX
50.0   POLLUTANT - SPECIFIC REGULATIONS
       50.1  PARTICULATES
             50.1.1  PROCESS WEIGHT
             50.1.2  VISIBLE EMISSIONS
             50.1.3  GENERAL
                                          vi

-------
       50.2   SULFUR COMPOUNDS
       50.3   NITRIC OXIDES
       50.4   HYDROCARBONS
       50.5   CARBON MONOXIDE
       50.6   ODOROUS  POLLUTANTS
       50.7   OTHERS (Pb, Hg, etc.)
 51.0  SOURCE CATEGORY SPECIFIC REGULATIONS
       51.1   AGRICULTURAL PROCESSES  (Includes  Grain  Handling,  Orchard Heaters,
              Rice and Soybean Facilities, Related Topics)
       51.2   COAL OPERATIONS  (includes  Cleaning, Preparation,  Coal  Refuse
              Disposal Areas, Coke Ovens, Charcoal Kilns,  Related Topics)
       51.3   CONSTRUCTION  (Includes  Cement  Plants-, Materials Handling, Topics
              Related  to Construction Industry)
       51.4   FERROUS  FOUNDRIES  (includes Blast Furnaces,  Related Topics)
       51.5   FUEL BURNING  EQUIPMENT  (coal,  natural gas,  oil) - 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  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
                                          vi i

-------
                             TABLE OF  CONTENTS
                            BUTTE  COUNTY REGULATIONS
Revised Standard
  Subject Index
       (1.0)
       (2.0)
      (50.6)
      (50.1)
      (51.9)
      (51.9)

      (51.9)

     (51.16)
      (50.2)
      (50.2)
       (2.0)
       (2.0)
       (2.0)
     (51.20)
     (51.20)

       (2.0)
       (3.0)
       (3.0)

     (51.20)
     (51.20)
Section
Number
Chapter 1
Chapter 2
Section 2-4
Section 2-5
Section 2-8
Section 2-10
Section 2-11
Section 2-12
Section 2-13
Section 2-14
Section 2-15
Section 2-16
Section 2-17
Chapter 2A
Section 2A-1
Section 2A-2
Section 2A-3
Section 2A-4
Section 2A-5
Section 2A-6
      Title                           Page
Definitions                             1
Prohibitions                            6
Dust and Fumes                          7
Particulate Matter Concentration        8
Certain Outdoor Fires Prohibited       10
Single and Two-Family Dwelling
Exemption                              10
Right of Way, Levee, Reservoir and
Ditch Clearing Exemption               11
Storage of Petroleum Products          11
Reduced Sulfur Emission Standards      11
Sulfur Oxides Emission Standard        12
Circumvention                          12
Separation of Emissions                12
Combination of Emissions               12
Wood Waste Burning                     13
Outdoor Burning of Certain Wood
Waste                                  13
Finding by County Health Officer       13
Permit Required                        13
Information Furnished by Permit
Applicant                              13
Notice of Intent to Ignite             13
Prohibition of Wood Waste Burning
on No-Burn Days                        14
                                          viii

-------
 Revised Standard
   Subject  Index
      (51.20)
        (2.0)

      (51.20)
      (51.20)
      (51.20)

      (51.20)
      (51.20)
      (51.20)

      (51.20)
      (51.20)

      (51.20)

        (2.0)
       (51.1)
      (51.13)
       (51.1)
        (3.0)
        (3.0)

(3.0)  (51.13)
        (3.0)

      (51.13)
Section
Number
Section 2A-7
Section 2A-8

Section 2A-9
Section 2A-10
Section 2A-11

Section 2A-12
Section 2A-13
Section 2A-14

Section 2A-15
Section 2A-16

Section 2A-17

Section 2A-18
Chapter 3

Section 3-1
Section 3-2
Section 3-2.1

Section 3-3
Section 3-4

Section 3-5
       Title                           Page
Prohibition of Wood Waste Burning
by Fire Control Agency                  14
Freedom From Contamination and
Moisture                                14
Arrangement and Amount of Wood Waste    14
Ignition Devices                        14
Ignition Prohibited Due to Wind
Direction                               14
Drying Periods Required                 14
Ignition Hours                          15
Restriction of Wood Waste Burning
on Burn Days                            15
Fire Prevention                         15
Restriction on Total Amount of Wood
Waste Burning                           15
Burning of Vines or Bushes Treated
with Herbicides                         15
Certain Prohibitions Not Applicable     16
Orchard Heaters and Agricultural
Burning                                 16
Orchard Heaters                         16
Permit Required                         16
Certificate From Department of Fish
and Game                                16
Burning Permit Agencies                 16
Information Furnished by Permit
Applicant                               17
Notice of  Intent to Ignite              17
                                             ix

-------
Revised Standard
Section
Subject Index
(51.13)
(51.13)
(2.0)
(51.13)
(51.13)
(51.13)
(51.13)
(51.13)
(51.13)
(51.13)
(51.13)
(51.13)
(2.0)
(3.0)
(51.13)
(51.13)
(3.0)
(2.0)
(3.0)
(3.0)
(3.0)
Number
Section 3-6
Section 3-7
Section 3-8
Section 3-9
Section 3-10
Section 3-10.1
Section 3-11
Section 3-11.1
Section 3-11.2
Section 3-12
Section 3-12.1
Section 3-13
Section 3-14
Section 3-15
Section 3-16
Section 3-17
Chapter 4
Section 4-1
Section 4-2
Section 4-3
Section 4-4
                                              Title                           Page
                                       Prohibition of Agricultural
                                       Burning on No-Burn Days                 17
                                       Prohibition of Agricultural  Burning
                                       by Fire Control Agency                  17
                                       Freedom From Contamination and
                                       Moisture                                17
                                                      ••*
                                       Arrangement and, Amount of
                                       Agricultural Waste                      17
                                       Ignition                                18
                                       Ignition Prohibited Due to Wind
                                       Direction                               18
                                       Drying Period Required                  18
                                       Burning of Vines or Bushes Treated
                                       with Herbicides                         18
                                       Rice Straw Burning                      18
                                       Ignition.Hours                          19
                                       Burning Hours For Rice Straw            19
                                       Restriction of Agricultural  Burning
                                       on Burn Days                            19
                                       Exceptions                              20
                                       Special Permit                          20
                                       Restricted Burning Days                 20
                                       Fire Prevention                         20
                                       Permit System                           21
                                       General Requirements                    21
                                       Permits Required                        21
                                       Permit Fee                              22
                                       Exemptions from Permit Requirements     23

-------
Revised Standard
Section
Subject Index
(3.0)
(2.0)
(3.0)
(2.0)
(3.0)
(2.0)
(2.0)
(5.0)
(5.0)
(5.0)
(3.0)
(16.0)
(2.0)
(2.0)
(2.0)
(5.0)
(2.0)
(3.0)
(2.0)
(3.0) (5.0)
(2.0)
(2.0)
Number
Section 4-5
Section 4-6
Section 4-7
Section 4-8
Section 4-9
Section 4-10
Section 4-11
Chapter 5
Section 5-1
Section 5-2
Section 5-3
Chapter 6
Section 6-1
Section 6-2
Section 6-3
Section 6-4
Section 6-5
Section 6-6
Section 6-7
Section 6-8
Section 6-9
Section 6-10
                                               Title                          Page
                                       Standards for Granting Applications
                                       for Permits                             24
                                       Conditional Approval                     25
                                       Denial of Applications                  26
                                       Further Information                     26
                                       Action Applications                     26
                                       Appeals                                 26
                                       Appeal Fee                              26
                                       Variances                               27
                                       Request for Variance                    27
                                       Conditions for Granting Variances       27
                                       Application Fee                         27
                                       Procedure Before the Hearing Board      27
                                       General                                 27
                                       Filing Petitions                        27
                                       Contents of Petition                    28
                                       Petition for Variance                   28
                                       Appeal from Denial, Conditional
                                       Granting or Suspension                  29
                                       Petition for Revocation of Permit       29
                                       Petition for Reinstatement of
                                       Suspended  Permit                        29
                                       Appeal and Petition for Variance
                                       After Permit Denial                     30
                                       Failure to Comply With Rules            30
                                       Answers                                 30
                                            xi

-------
Revised Standard
Subject Index
(2.0)
(16.0)
(16.0)
(2.0)
(2.0)
(13.0)
(2.0)
(2.0)
(2.0)
(2.0)
(2.0)
(2.0)
(51.1)
(15.0)
(2.0)
(2.0)
Section
Number
Section 6-11
Section 6-12
Section 6-13
Section 6-14
Section 6-15
Section 6-16
Section 6-17
Section 6-18
Section 6-19
Section 6-20
Section 6-21
Chapter 7
Section 7-2
Section 7-3
Chapter 8
Section 8-1
        Title                          Page
Dismissal of Petition                   30
Time and Place of Hearing               30
Notice and Hearing                      31
Interested Members of Public;
Special Notice                          31
Evidence                                31
Record of Proceedings                   32
Preliminary Matters                     32
Official Notice                         32
Continuances                            33
Decision                                33
Effective Date of Decision              33
Violations                              33
Violation of Orchard Heater or
Agricultural Burning Regulations        33
Citations                               34
Miscellaneous                           34
Severability Clause                     34
     xn

-------
                           RULES AND REGULATIONS OF THE BUTTE
                           COUNTY AIR POLLUTION CONTROL DISTRICT


        The  Air Pollution  Control Board of the Butte County Air Pollution Control
        District does  enact as  follows:

        The  following  rules and regulations  shall be known as the rules and
        regulations  of the Butte County Air  Pollution Control District:


                                     CHAPTER 1


(1.0)    DEFINITIONS:

        Section 1-1      Garbage.

        Every accumulation of animal, vegetable and other decomposable matter  that
        attends or results from the preparation, consumption, decay  or dealing in
        or storage of  meats, fish,  fowl,  birds, fruits, vegetables or other  food
        products and food  containers soiled  with food stuff, and  shall include
        dead animals,  fowl, birds,  fish and  any offal.

        Section 1-2     Combustible or Flammable Solid Waste.

        Any garbage, rubbish, trash, rags, paper, boxes, crates,  excelsior,  ashes,
        offal, carcass of  dead animal or  any other combustible  or flammable  refuse
        matter which is in solid  form.

        Section 1-3     Flue.

        Any duct or passage for air, gas  or  the like, such  as a stack or chimney,

        Section 1-4     Person.

        Any person, firm,  corporation, association or public agency, including,
        but not limited to, any city, county, district  or  the  state,

        Section 1-5     Open Outdoor Fire.

        Any combustion of solid waste outdoors,  in  the  open, not in  any  inclosure,
        where the products of combustion  are not  directed  through a  flue,

        Section 1-6     Solid Waste Dump.

        Any accumulation for the  purpose  of disposal  of any solid waste.
                                               -1-

-------
Section 1-7     Orchard or Citrus Grove Heater.
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.

Section 1-8     Agricultural Burning.

Open outdoor fires used in agricultural operations, or  in  improvement  of
the land for wildlife and game habitat, for the purpose of the burning of
agricultural waste.

Section 1-9     Agricultural Operations.

The growing and harvesting of crops or raising of fowl, animals or bees,
forest management or range improvement, for the primary purpose of making
a profit, of providing a livelihood, or of conducting agricultural
research or instruction by an educational institution.

Section .1-9.1   Forest Management.

Includes timber operations, silviculture! practices and forest protection
practices.

Section 1-9.2   Timber Operations.

Cutting or removal of timber or other forest vegetation.

Section 1-9.3   Silvicultural.

The establishment, development, care and reproduction of stands of timber.

Section 1-10    Agricultural Waste.

Unwanted or unsaleable materials produced wholly from agricultural
operations.  Agricultural waste includes the following: grass and weeds
growing in or on fence rows, ditches and ditch banks and in or adjacent
to fields in cultivation or being prepared for cultivation; vegetation
removed for range improvement, for a wildlife, game or  livestock
habitat or for the initial establishment of an agricultural operation
on previously uncultivated land; and forest debris,  Agricultural
waste does not include the following;  items such as shop waste,
demolition debris, garbage, oil filters, crankcase oil  or other petroleum
wastes, tires, plastics, pesticide containers, broken boxes, pallets,
and other similar materials; orchard waste removed for  land use con-
version to non-agricultural purposes; and agricultural  waste removed
from the property where it was grown.
                                      -2-

-------
Section 1-11    Major Agricultural  Crop.

Any single kind of agricultural crop growing on more than 1,001  acres
in the District. For purposes of this definition, vegetation grown on
land used for wildlife and game habitat,  forest land and range land
shall not be considered to be crops.

Section 1-12    Minor Agricultural  Crop.

Any single kind of agricultural crop growing on less than 1,001  acres
in the Butte County Air Pollution Control District.

Section 1-13    No Burn Day.

Any day on which the State Air Resources  Board prohibits agricultural
burning.

Section 1-14    Burn Day.                     '

Any day on which the State Air Resources  Board does not prohibit agri-
cultural burning.

Section 1-15    Approved Ignition Devices.

Those instruments or materials that will  ignite agricultural waste
without the production of black smoke, including instruments or materials
such as liquid petroleum gas, butane or propane, diesel oil burners,
flares and other devices approved by the Control Office, but not
including such items as tires, tar paper and oil.

Section 1-16    District.
The Butte County Air Pollution Control District.

Section 1-17    Board.

The Air Pollution Control Board of the Butte County Air Pollution
Control District.

Section 1-18    Control Officer.
The Air Pollution Control Officer of the Butte County Air Pollution
Control District.

Section 1-19    Particulate Matter.
Discrete atmospheric particles of liquid, other than uncombined water,
or solids, as distinguished from a gas or vapor.
                                       -3-

-------
Section 1-20    Process Weight Per Hour.

The total weight, including contained moisture, of all  materials in-
troducedinto any specific process which 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.

Section 1-21    Dust.

Minute solid particles released into the air by natural forces or by
mechanical processes, including but not limited to such processes as
crushing, grinding milling, drilling, demolishing, shoveling, conveying,
covering, bagging or sweeping.

Section 1-22    Condensed Fumes.
Particulate matter generated by the condensation of vapors evolved
after volitization from the molten or liquid state, or generated by
sublimation, distillation, calcination, or chemical reaction, when
these processes create air-borne particles.

Section 1-23    Air Contaminant.
The term "air contaminant" includes, but is not limited to smoke, dust,
charred paper, soot, grime, carbon, noxious-acids, fumes, gases, odors,
or particulate matter, or any combination thereof.

Section 1-24    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 separated by refractory walls, interconnected by gas passage
ports or ducts and employing adequate design parameters necessary for
maximum combustion of the material to be burned.  The refractories shall
have a Pyrometric Cone Equivalent of at least 17, tested according to
the method described in the American Society for Testing Materials,
Method C-24.

Section 1-25    Pressure Tank.
A tank which maintains working pressure sufficient at all times to
prevent hydrocarbon vapor or gas loss to the atmosphere.
                                       -4-

-------
Section 1-26    Vapor Recovery System.

A vapor gathering system capable of collecting the hydrocarbon vapors
and gases discharged and a vapor disposal  system capable of processing
such hydrocarbon vapors and gases so as to prevent their emission to
the atmosphere, with all tank gauging and sampling devices gas-tight
except when gauging or sampling is taking place.

Section 1-27    Floating Roof.

Consists of a pontoon-type or double-deck-type roof, resting on the
surface of the liquid contents and equipped with a closure seal, or
seals, to close the space between the roof edge and tank wall.  The
control equipment provided for in this section shall not be used if the
gasoline or petroleum distillate has a vapor pressure of 11.0 pounds
per square inch absolute or greater under actual storage conditions
All tank gauging and sampling devices shall be gas-tight except when
gauging or sampling is taking place.

Section 1-28    Gasoline.
Any petroleum distillate having a Reid vapor pressure of four (.4) pounds
or greater.

Section 1-29    Submerged Fill Pipe.
Any fill pipe which has its discharge opening entirely submerged when
the liquid level is six inches (6") above the bottom of the tank.
"Submerged fill pipe", when applied to a tank which is loaded from the
side, means any fill pipe which has its discharge opening entirely
submerged when the liquid level is eighteen inches (18") above the
bottom of the tank.

Section  1-30    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.

Section  1-31    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 emission  into the building shall
be considered  an emission  into the atmosphere.
                                      -5-

-------
        Section 1-32    Standard Conditions.
        As used in these Rules and Regulations,  "standard  conditions"  refer to
        a gas temperature of sixty (60)  degrees  Fahrenheit and  a  gas pressure
        of fourteen and seven-tenths 04,7)  pounds  per  square inch absolute,

        Section 1-33    LPG.

        Liquid petroleum gas.

        Section 1-34    PPM.

        Parts per million by volume expressed  on a  dry  gas basis,

        Section 1-35    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
        suIfuric acid are not to be included in  the determination of TRS,
                                      CHAPTER 2
(2.0)   PROHIBITIONS;

        Section 2-1
        No person shall  discharge from any non-vehicular  source  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 or have a  natural tendency
        to cause injury  or damage to business  or property.

        Section 2-2

        No person shall  discharge into the atmosphere  from any single non-
        vehicular source of emission whatsoever any  air contaminant for  a
        period or periods aggregating more than three  minutes in any one hour
        which is :

             a.  As dark or darker in shade as that  designated as No, 2  on
                 the Ringleman Chart as published by the  U.S. Bureau of  Mines, or

             b.  Of such opacity as to obscure an observers  view to a degree
                 equal to or greater than  does smoke described in subsection
                 "a" of  this section.
                                              -6-

-------
        Section 2-3

        Where the presence of uncombined water is  the  only reason  for failure
        of an emission to meet the limitations of  Section  2-2,  that section
        shall not apply.

(50.6)   Section 2-4     Dust and Fumes.

        No person shall  discharge in any one hour  from any source  whatsoever
        dust or fumes in total quantities in excess of the amounts shown in
        the table set out below and titled "Allowable  Rate of Emission Based
        on Process Weight Rate."  To use the said  table, the following steps
        should be followed: take the process weight per hour as defined in
        Section 1-20, then find this figure on the table,  opposite which is
        the maximum number of pounds of contaminants which may be  discharged
        into the atmosphere in any one hour.  Interpolation of the data in
        the table for process weights up to 60,000 pounds/hour shall  be ac*
        complished by use of the equation E=4.10 P°.67 and interpolation and
        extrapolation of the data for process rates in excess of 60,000 pounds/
        hour shall be accomplished by use of the equation  E=55,0 P°,ll-r40,
        For purposes of these equations, E=the rate of emission in pounds/hour
        and P= the process weight rate in tons/hour,
                                              -7-

-------
                          ALLOWABLE RATE OF EMISSION BASED ON
                                   PROCESS WEIGHT RATE
(50.1)
Process Weight
Rate
Lb./Hr
100
200
400
600
800
1,000
1,500
2,000
2,500
3,000
3,500
4,000
5,000
6,000
7,000
8,000
9,000
10,000
12,000
Section
Tons/Hr.
0.05
0.10
0.20
0.30
0.40
0.50
0.75
1.00
1.25
1.50
1.75
2.00
2.50
3.00
3.50
4.00
4.50
5.00
6.00
Rate of
Emission
Lb./Hr.
0.551
0.877
1.40
1.83
2.22
2.58
3.38
4.10
4.76
5.38
5.06
6.52
7.58
8.56
9.49
10.4 1
11.2 2
12.0 6
13.6
2-5 Participate Matter
Process Weight
Rate
Lb./Hr. Tons/Hr.
16,000 8.00
18,000 9.00
20,000 10.
30,000 15.
40,000 20.
- 50,000 25.
60,000 30.
70,000 35.
80,000 40.
90,000 45.
100,000 50.
120,000 60.
140,000 70.
160,000 80.
200,000 100.
,000,000 500
,000,000 1,000
,000,000 3,000

Concentration.
Rate of
Emission
Lb./Hr.
16.5
17.9
19.2
25.2
30.5
35.4
40.0
41.3
42.5
43.6
44.6
46.3
47.8
49.0
51.2
69.0
77.6
92.7


        No person shall  discharge into the atmosphere from any  source  participate
        matter in excess of 0.3 grains per cubic foot of gas  at  standard
        conditions.

        When the source  involves a combustion process, the concentration
        must be calculated to 12 percent carbon dioxide (C02).  In measuring
        the combustion contaminants from incinerators used to dispose  of
        combustible  refuse by burning, the carbon dioxide (C02) produced by
        combustion of any liquid or gaseous fuels shall be excluded from the
        calculation  of 12 percent of carbon dioxide (C02).
                                              -8-

-------
The provisions of this section shall  not apply to processes  in
lawful operation on the effective date of these regulations; provided,
however, that said processes shall comply with this  section  on  and  after
December 31, 1972.

Section 2-6

The provisions of Sections 2-1, 2-2,  2-5 and 2-8 shall  not apply to
smoke from-fires:
             •
     a.  Set by or permitted by any public officer if such fire is
         set or permission given in the performance  of the official
         duty of such officer, and such fire in the  opinion of such
         officer is necessary:

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

              2.  For the instruction of public employees in the
                  methods of fire fighting, or

              3.  For the improvement of watershed range or pasture,
                  or

              4.  For the growing of crops or raising of fowls or
                  animals, or

              5.  For the purpose of disease and pest control and
                  prevention.

     b.  Set pursuant to permit on property used for industrial
         purposes for the purposes of instruction of employees in
         methods of fire fighting.

     c.  Set pursuant to 4426 of the Public Resources Code as back
         fires necessary to save life or valuable property.

Section 2-7

The provisions of Section 2-1, 2-2, and 2-5 shall not apply to;

     a.  Agricultural operations and associated odors necessary for the
         growing of crops or  raising of fowls or animals.
                                      -9-

-------
             b.   Use of any aircraft to distribute seed, fertilizer,
                 insecticides or other agricultural aids over lands devoted
                 to the growing of crops or raising of fowl or animals,

(51.9)   Section  2-8     Certain Outdoor Fires Prohibited.

        No  person shall, after December 31, 1971, set or use or permit the
        setting  or use of open outdoor fires for the purpose of disposal of
        petroleum wastes, demolition debris, tires, tar, trees, wood waste or
        other combustible or flammable solid or liquid waste or for metal
        salvage  or burning of automobile bodies.  For purposes of this section,
        a person shall be deemed to have permitted the setting or use of such
        fires if he permits the setting or use of such fires for the disposal
        of  such  wastes under his control, on land under his control or by
        employees or other persons under his control.

        Section  2-8.1
        It  is  unlawful  to  burn  rubbish or  garbage at dumps, refuse disposal areas
        or  at  any  solid waste dump, whether public or private, or to burn
        garbage  anywhere else in  the  County of  Butte, except under a variance.

        Section  2-8.2

        The air  pollution  control  board  shall permit a city, city and county,
        or  county  to use open outdoor fires, for a limited time only, in its
        operation  of a  solid waste dump, upon the finding that because of  sparse
        population in the  geographical area and economic and technical diffi-
        culties, the solid waste  dump should be so operated.

        Section  2-9

        Nothing  in these regulations  shall be construed as prohibiting agricul-
        tural  burning authorized  pursuant  to Chapter 3 of these regulations.

   .9)   Section  2-10    Single  and Two-Family Dwelling Exemption.

        Nothing  in these regulations  shall be construed as prohibiting burning
        for the  disposal of combustible  or flammable solid waste of a single
        or  two family dwelling  on its premises; provided, however, that no
        burning  of garbage, demolition debris,  petroleum waste, tires, tar,
        plastics,  cloth or other  similar smoke  producing materials on said
        premises shall  be  permitted.
                                             -10-

-------
 (51.9)  Section  2-11
           Right of Way, Levee, Reservoir, and Ditch Clearing
           Exemption.
        Nothing in these  regulations  shall  be  construed to prohibit burning by
        a public entity or utility  for  right-of-way clearing or other property
        access, or for levee,  reservoir,  ditch or  drainage maintenance.  No
        material may be burned pursuant to  this section unless the burning is
        done on a burn day and the  material  to be  burned  has been arranged so
        that it will ignite as rapidly  as practicable within applicable fire
        control restrictions and burn with  a minimum of smoke.  Such material
        shall  be cut, uprooted or(treated,  and allowed to dry, in the same
        manner as specified in Sections 2A-11  or 2A-16 of these Rules and
        Regulations; provided, however, that material growing in or on ditches,
        ditch banks and drainage areas  may  be  burned in place without being
        cut, uprooted or  treated.

(51.16) Section 2-12   Storage of  Petroleum Products.

             a.  Any person who, after  December 31, 1970, loads or permits
                 the loading of gasoline  into  any  stationary tank with a
                 capacity of 250 gallons  or more from any tank truck or
                 trailer, except through  a  permanent submerged fill pipe,
                 unless such tank is  a  pressure tank or is equipped with a
                 vapor recovery  system or  with a  floating roof, or unless
                 such tank is equipped  with other  apparatus of equal efficiency
                 which has been approved  by the Air Pollution Control Officer,
                 is guilty of a misdemeanor.

                 Any person who installs  any gasoline tank with a  capacity  of
                 250 gallons or more  which  does  not meet the  requirements  of
                 subdivision (a) is guilty  of  a misdemeanor.

                  Subdivisions  (a)  and  (b) shall not apply to any stationary
                  tank  installed prior to December 31,  T9/0.

                 Subdivisions  (a) and (b) shall not apply to  any stationary
                  tank which is used primarily for the  fueling of implements
                  of  husbandry, as such vehicles are defined  in Division  16
                  (commencing with 36000 of the Vehicle  Code).

 (50.2)   Section 2-13    Reduced Sulfur Emission Standards.

              a.   It shall  be  unlawful  for any  person to  cause or permit the
                  emission  of  air contaminants  from any premises which will
                  result  in ground-level  concentrations of TRS, expressed as
                  hydrogen  sulfide, in  excess  of 0.03 PPM for a period of
                  60 minutes.

              b.   By July 1,  1975,  the  emission of TRS from Kraft pulp mill
                  recovery  boilers  shall  not exceed 17.5  parts per million by
                  volume,  calculated  as hydrogen sulfide.
b.
c.
d.
                                             -11-

-------
             c.   By July,  1,  1975,  the emission  of TRS  from  any other  single
                 source,  excluding  Kraft pulp mill recovery  boilers, shall not
                 exceed 0.5 pounds  per ton  of pulp produced,  calculated as
                 elemental sulfur.

(50.2)  Section 2-14    Sulfur Oxides  Emission Standard.

        No person shall discharge into the  atmosphere from any single  source of
        emission whatsoever any sulfur oxides in excess of 0.2 percent by
        volume (2000 PPM)  collectively calculated as sulfur  dioxide  (S02).

(2.0)   Section 2-15    Circumvention.

        No person shall build, erect,  install  or use any  article, machine,
        equipment or other contrivance, the use  of which, without resulting in
        a reduction tn the total  release of air  contaminants  to the atmosphere,
        reduces or conceals an emission which would otherwise constitute a vio-
        lation 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  24243 of  the Health and Safety
        Code of the State  of California or  Section 2-1  of these Rules  and
        Regulations.

(2.0)   Section 2-16    Separation  of  Emissions.

        If air contaminants from a  single source operation are emitted through
        two or more emission  points, the total emitted  quantity of any air
        contaminant limited by these Rules  and Regulations shall not exceed
        the quantity which would be the allowable emission through a single
        emission point, and the total  emitted quantity  of any such air con-
        taminant shall be  taken as  the product of the highest concentration
        measured in any of the emission points and the  combined exhaust gas
        volume from all emission points, unless  the person responsible for the
        source operation  establishes,  to the satisfaction of the Air Pollution
        Control  Officer,  the  correct total  emitted quantity.

(2.0)   Section 2-17    Combination of Emissions.

             a.   If air contaminants from two or more source operations
                 are combined prior to emission  and there are adequate and
                 reliable  means reasonably  susceptible  to confirmation and
                 use by the Air Pollution Control Officer for establishing
                 a separation of the components  of the  combined emission
                 to indicate  the nature, extent, quantity and degree of
                 emission  arising from each such source operation, then all
                 of the applicable  prohibitions  contained in these Rules
                 and Regulations shall apply to  each such source operation
                 separately.
                                             -12-

-------
             b.  If air contaminants from two or more  source  operations  are
                 combined prior to emission, and the combined emissions  cannot
                 be separated according to the provisions  of  part (a)  of this
                 section, then all of the applicable prohibitions contained  in
                 these Rules and Regulations shall  be  applied to  the combined
                 emission as if it originated in a  single  source  operation.


                                       CHAPTER 2 A


(51.20) WOOD WASTE BURNING;

(51.20) Section 2 A-l   Outdoor Burrii hg of Certain  Wood Waste.

        Wood waste from trees, vines, or bushes on  property being developed  for
        commercial or residential purposes, may be  disposed of by open outdoor
        fires' on the property where it was grown, pursuant to the provisions
        of Section 39297.6 of the Health and Safety Code and  in compliance with
        the conditions of this Chapter.

(2.0)   Section 2 A-2   Findirig by County Health Off 1 cer.

        Before open burning of such wood waste may  be  allowed, there must be a
        finding by the Butte County Health Officer  that it is more beneficial,
        in terms of the general public health of the persons  within the District,
        to burn such wood waste on location, than to dispose of it by other  means,

(3.0)   Section 2 A-3   Permit Required.

        No person shall knowingly ignite or burn wood  waste,  or permit the
        ignition or burning of wood waste under his control,  on land under his
        control or by employees or other persons under his control, pursuant to
        this Chapter, unless he has a valid wood waste burning permit issued
        in accordance with and subject to the provisions of this Chapter by  the
        Control Officer.

(3.0)   Section 2 A-4   Information Furnished by Permit Applicant.

        Each applicant for a permit for wood waste  burning pursuant to this
        Chapter shall provide such information as is required by the designated
        fire protection agency for fire protection  purposes and such additional
        information as may be required by the Control  Officer.

(51.20) Section 2 A-5   Notice  of Intent to Ignite.

        Prior  to ignition or burning of any wood waste pursuant to permit
        issued in accordance with this Chapter, the permittee shall give
        notice of intent to ignite or burn to the fire control agency having
        jurisdiction over the site of the proposed burn.
                                             -13-

-------
(51.20)  Section 2 A-6    Prohibition  of Hood Waste Burning on No-Burn Days.

        No wood waste  burning permit issued pursuant to this Chapter shall be
        valid on a no-bum  day and no person  shall  knowingly ignite or burn
        wood waste, or permit the ignition or burning of wood waste under his
        control,  on  land under his control or by employees or other persons
        under his control, on a no-burn day.

(51.20)  Section 2 A-7    Prohibition  of Wood Waste Burning by Fire Control Agency.

        No wood waste  burning permit issued pursuant to this Chapter shall be
        valid for any  day on  which burning is prohibited, for the purpose of
        fire control or prevention,  by the public fire control agency having
        jurisdiction  over  the site  of the burn.

(2.0)    Section 2 A-8    Freedom From Contamination  and Moisture.

        All wood wastes to  be burned shall be free  of tires, rubbish, tar,
        paper, construction debris,  garbage,  plastics and all other combustible
        or flammable solid  waste not grown on the property, and shall be
        reasonably free of  dirt, soil, and visible  surface moisture.

(51.20)  Section 2 A-9    Arrangement  and  Amount of wood Waste.

        Wood waste shall be arranged so  that  it will ignite as rapidly as
        practicable within  applicable fire control  restrictions and burn with
        a minimum of smoke.  Only that amount of wood waste that can reasonably
        be expected to completely burn within the twenty-four (24) hour period
        following ignition  shall be  ignited on any  one (1) day; provided
        however, that  trees,  stumps  and  branches greater than six (6) inches
        in diameter may be  ignited even  though they cannot reasonably be ex-
        pected to completely  burn within such period.

(51.20)  Section 2 A-10  Ignition Devices.

        All wood wastes to  be burned shall be ignited only with approved types
        of ignition devices as defined  in Section 1-15 of Chapter 1.

(51.20)  Section 2 A-11  Ignition Prohibited Due to  Wind Direction.

        Wood waste shall not  be ignited  when  the wind direction is such that
        smoke from the burning of such waste  would  be blown or carried into a
        nearby populated area and could  create a public nuisance.

(51.20)  Section 2 A-12  Drying Periods  Required.

        To lower the moisture content of wood waste, the elapsed time between
        cutting or uprooting  and ignition or  burning shall be:

                      1.  A minimum  of  fifteen  (15) days for vines or bushes.
                                            -14-

-------
                      2.   A minimum of  thirty  (30) days for trees, stumps,
                          and branches  greater than six (6) inches in diameter.

(51.20) Section 2 A-13  Ignition  Hours.

        Each permit for wood waste burning  shall specify the hours for ignition
        of fires and burning as indicated in the regulations of the fire con-
        trol agency having jurisdiction over the site of the burn, and no person
        shall  knowingly ignite or burn  wood waste, or permit the ignition or
        burning of any wood waste under his control, on land under his control
        or by employees or other  persons under his control, except during the
        hours so specified.

(51.20) Section 2 A-l4  Restriction of  Vl66d Haste Burning on Burn Days.

        The Control Officer may restrict wood  waste burning on burn days if
        such burning would cause  or contribute to extreme adverse air quality
        condtions.

(51.20) Section_2 A-15  Fire Prevention.

        Nothing in these rules is intended  to  permit open burning of wood
        wastes on days when such  open burning  is prohibited or in a manner
        which is prohibited by public fire  protection agencies for purposes
        of fire control or prevention.                  .    . ._.	

(51.20) Section 2 A-16  Restriction on  Total Amount of Wood Waste  Burning.

        The maximum amount of wood waste which may be burned on any one day is
        the wood waste grown upon not more  than two hundred and fifty (250)
        total  acres of land in the District.   Provided, however, that the
        Control Officer may authorize burning  in excess of this amount if a
        public health hazard would be caused unless such additional burning
        were permitted.

(51.20) Section 2 A-17  Burning of Vines or Bushes Treated with Herbicides.

        Notwithstanding the provisions  of Section 2 A-12, vines or bushes may
        be burned in place without being cut or uprooted if they are treated
        and desicated  with herbicides  and  allowed to dry at least six (6)
        months prior to ignition  or burning.   Provided, however, that if the
        applicant for a wood waste burning  permit demonstrates to the satis-
        faction of the Control Officer  that burning of vines or bushes treated
        with herbicides could be  accomplished  prior to the expiration of such
        six (6) month period in a manner which would produce no more smoke
        than would be produced by the burning  of the same type of vines or
        bushes which had been cut or uprooted  and dried for fifteen  (15) days,
        such burning may be allowed by  the  Control Officer prior to the ex-
        piration of the six (6) month period.
                                            -15-

-------
(2.0)   Section 2 A-18  Certain Prohibitions  Not  Applicable.

        The provisions of Sections  2-2,  2-4,  2-5  and  2-8 shall not apply to
        wood waste burning pursuant to this chapter.


                                      CHAPTER 3


(51.1)  ORCHARD HEATERS AND AGRICULTURAL BURNING:
(51.13)

(51.1)  Section 3-1      Orchard Heaters.

        No new orchard or citrus heater  produced  or manufactured  shall be  sold
        for use against frost damage after January  1,  1971, unless it has  been
        approved by the State Air Resources Board.  No person shall  use any
        orchard or citrus heater after January 1, 1975, unless it has been
        approved by the State Air Resources Board or  does  not produce more than
        one gram/minute of unconsumed solid carbonaceous material.

(3.0)   Section 3-2     Permit Required.

        No person shall  knowingly ignite or burn  agricultural waste  or permit
        the ignition or burning of  agricultural waste  under his control, on
        land under his control or by his employees  or  other persons  under  his
        control, unless he has a valid agricultural burning permit issued  in
        accordance with and subject to the Rules  and  Regulations  of  the District
        by the Control Officer or a designated fire control agency in the  area
        where the agricultural burn will take place.

(3.0)   Section 3-2.1    Certificate From Department of Fish and Game.

        No agricultural  burning shall be conducted  for the improvement of
        land for wildlife or game habitat until the person desiring  to conduct
        such burning obtains from the Department  of Fish and Game a  written
        statement certifying that the burning is  desirable and proper for  the
        improvement of land for wildlife or game  habitat and such statement is
        filed with the Control Officer.

(3.0)   Section 3-3     Burning Permit Agencies.
(51.13)
        The following fire protection agencies are  hereby  designated to issue
        permits for agricultural burning within the District: City Fire Depart-
        ments, California Division  of Forestry, Butte  County Fire Department,
        Fire Protection Districts,  and/or other equivalent agencies.
                                            -16-

-------
(3.0)   Section 3-4     Information Furnished by Permit Applicant.

        Each applicant for a permit for agricultural  burning shall  provide
        such information as is required by the designated fire protection
        agency for fire protection purposes and such  additional  information as
        may be required by the Control  Officer.

(51.13) Section 3-5     Notice of Intent to Igiiite.

        Prior to ignition of any agricultural burning pursuant to a permit
        issued in accordance with these rules, the permittee shall  give notice
        of intent to ignite to the fire control agency having jurisdiction over
        the site of the proposed burn.

(51.13) Section 3-6     Prohibitioii of  Agrioiltural Burni lig on No-Burn Days.

        No agricultural burning permit  shall be valid on a no-burn day and no
        person shall knowingly set or permit agricultural burning on a no-burn
        day.  For the purpose of this section, a person shall be deemed to have
        permitted agricultural burning  if he permits  the setting or use of such
        fires for the disposal of agricultural waste  under his control, on land
        under his control or by employees or other persons under his control.

(51.13) Section 3-7     Prohibition of  Agricultural Burning by Fire Control Agency

        No permit shall be valid for any day on which burning is prohibited, for
        the purposes of fire control  or prevention, by the designated fire con-
        trol agency having jurisdiction over the site of the burn.


(2.0)   Section 3-8     Freedom From Contamination and Moisture.

        All agricultural wastes to be burned shall be free of tires, rubbish,
        tar paper, construction debris, used pesticide containers, and all
        other non-agricultural wastes,  and shall be reasonably free of dirt,
        soil, and visible surface moisture.

(.51.13) Section 3-9     Arrangement and Amount of Agricultural Waste.

        Agricultural waste shall be arranged so that  it will ignite as rapidly
        as practicable within applicable fire control restrictions and burn
        with a minimum of smoke.  Only  the amount of  agricultural waste that
        can reasonably be expected to completly burn  within the twenty-four
        (24) hour period following ignition  shall be ignited on any one (1)
        day; provided, however, that trees, stumps and branches greater than
        six (6) inches in diameter may  be ignited even though they cannot
        reasonably be expected to completely burn within such period.
                                             -17-

-------
(51.13) Section 3-10    Ignition.

        All agricultural  wastes  to be burned  shall  be  ignited only with approved
        types of ignition devices  as  defined  in  Section  1-15 of Chapter 1.

(51.13) Section 3-10.1   Ignition Prohibited Due  to  Wind  Pirection.

        Agricultural waste from  forest management or range improvement or
        improvement of the land  for wildlife  and game  habitat shall not be
        ignited when the  wind direction is  such  that smoke from the burning
        of such waste would be blown  or carried  into a nearby populated area
        and could create  a public  nuisance.

(51.13) Section 3-11   Drying Period Required.

        Except as provided for in  Section 3-11.2 of these  Rules and Regulations,
        to lower the moisture content of agricultural  waste, the elapsed time
        between cutting,  felling or uprooting and ignition or burning shall be:

                      1.   A minimum of thirty (30)  days  for trees, stumps,
                          and branches greater than six  (6) inches in diameter.

                      2.   A minimum of fifteen (15) days for vines or bushes.

.(51.13V Section 3-n.i- Burning  of Vines or Bushes  Treated with Herbicides.

        Notwithstanding the provisions of Section 3-11,  vines or bushes may be
        burned in place without  being cut or  uprooted  if they are treated and
        dedicated  with herbicides and allowed to dry  at least six (6) months
        prior to ignition or  burning.   Provided, however,  that if the applicant
        for an agricultural  burning permit  demonstrates  to the satisfaction
        of the Control  Officer that burning of vines or  bushes treated with
        herbicides could  be accomplished prior to the  expiration of such six
        (6) month period  in a manner  which  would produce no more smoke than
        would be produced by  the burning of the  same type  of vines or bushes
        which had been  cut or uprooted and  dried for fifteen (15) days, such
        burning may be  allowed by  the Control  Officer  prior to the expiration
        of the six (6)  month  period.

 (51.13)Section 3-11.2 Rice  Straw Burning.

        The following shall apply  to  all rice straw and  stubble burning:

                      1.   All rice harvesters shall employ a mechanical
                          straw spreader to insure  even  distribution  of
                          the straw,  with  the exception  that rice  straw may
                          be left  in  rows  providing that it meets  the drying
                          time criteria prior to a  burn  as described  in this
                          section.          	„			      .  .
                                            -18-

-------
                          Rice stubble is  to  be  ignited  only  by  strip  firing
                          into the wind or by backfiring except  where  and when
                          extreme fire hazards are declared to exist.

                      2.  The drying time  after  harvest  shall be not less than
                          three days and no row  rice straw shall  be burned  prior
                          to a ten-day drying time, except that  if the rice
                          straw or stubble makes an audible crackle when tested
                          just prior to burning  with the testing method described
                          in this section.  After a rain exceeding 15/100 of
                          an inch rice straw or  stubble  shall not be burned
                          unless the straw makes an audible crackle when tested
                          just prior to burning  with the testing method described
                          in this section.

                      3.  When checking the field for moisture the grower
                          shall test a composite sample  of straw from  under
                          the mat, in the  center of the  mat and  from the
                          different areas  of the field to insure a representative
                          sample.  A handful  of  straw from each  area will give
                          a good indication.

                      4.  During the critical period from October 1 through
                          November 15 of each year, the  acreage  of agricultural
                          burning shall be reduced to 50% of  the allotment
                          which is permitted during other times  of the year.

(51.13) Section 3-12    Ignition Hours.

        Except as provided for in Section  3-12.1 herein  permits  shall  specify
        the hours from 7:45 a.m. to one (1) hour before  sunset  for ignition of
        fires, and no person shall knowingly ignite agricultural waste, or
        permit the ignition of agricultural waste under  his  control, on land
        under his control or by employees  or other persons under his  contol,
        except during these hours.

(51.13) Section 3-12.1  Burning Hours For  Rice Straw.

        No ignition of rice straw or stubble burning shall commence  before
        10:00 a.m. nor after 5:00 p.m. in  any day.

 (51.13) Section 3-13    Restriction of Agricultural Burning  on  Burn  Days.

        The Control Officer may restrict agricultural waste  burning  on burn
        days if such burning would cause or contribute to extreme adverse air
        quality conditions.
                                             -19-

-------
(2.0)   Section 3-14    Exceptions.

        Agricultural burning is exempt from the provisions  of Chapter 3 if:

                      1.  The burning is done at 6,000 feet or more above
                          mean sea level.

                      2.  The burning is performed with LP6 or natural  gas-
                          fired burners designed and used to kill  seedling
                          grass and weeds in orchards and field crops and the
                          growth is  such that combustion will  not  continue
                          without the burner.

(3.0)   Section 3-T5    Special Permit.

        Notwithstanding any other provision in this Chapter, the Control  Officer
        may, by special permit, authorize agricultural  burning on  days  designated
        by the State Air Resources Board as no-burn days when  denial  of such
        permit would threaten imminent and substantial  economic loss  or would
        cause a public health hazard.   The granting of such a  special  permit
        does not exempt the applicant from any-other District  or fire control
        regulation.   The applicant shall  submit to the Control  Officer in
        writing on the form provided, his reasons why denial of the permit
        would cause imminent and substantial  economic loss  or  a public  health
        hazard.

(51.13) Section 3-16    Restricted Burning Days.

        If, for any reason it becomes likely that agricultural  waste  from more
        than 10% of the total acreage within the District of any major agri-
        cultural crop or from more than 250 acres within the District used for
        wildlife or game habitat, forest land and range land will  be  burned on
        any one day, the Control Officer shall  notify the local  agencies
        designated in Section 3-3 that a condition of restricted burning  exists.
        On days of restricted burning, the said local agencies shall  restrict
        the acreage to be burned under permit to that acreage  allocated to the
        agency by the Control Officer.  The Control Officer shall  prorate the
        amounts to be burned to each agency based on the estimated number of
        acres in the geographic area covered by the agency.

(51.13) Section 3-17    Fire Prevention.

        Nothing in these rules are intended to permit open  burning of agri-
        cultural wastes on days when such open burning is prohibited  by public
        fire protection agencies for purposes of fire control  or prevention.
                                             -20-

-------
                                      CHAPTER 4


(3.0)    PERMIT SYSTEM;.

(2.0)    Section 4-1      General  Requirements.

             a.  No  person shall  cause or  permit  the construction or modification
                 of  any new source of air  contaiminants without first obtaining
                 an  authority to construct or modify from  the Air Pollution
                 Control  Officer as to the location and design of such new   !
                 source to comply with applicable rules and regulations and  >
                 ambient air quality standards of the District.

             b.  The Air Pollution Control  Officer shall not approve such
                 construction or modification unless the applicant demonstrates
                 to  the satisfaction of the Air Pollution  Control Officer that
                 the new source  can be expected to comply  with all applicable
                 state laws and  District rules and regulations.


(3.0)    Section 4-2      Permits  Required.

             a.  Authority to Construct.

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


             b.  Permit to Operate.

                 Before any article, machine, equipment or other contrivance
                 described in subsection (a) above may be  operated or used,
                 or  leased or rented for operation or use, a written permit
                 shall be obtained from the Air Pollution  Control Officer.
                                              -21-

-------
                 No permit to  operate  or  use  shall be  granted either by  the
                 Air Pollution Control  Officer  or  the  Hearing Board for  any
                 article,  machine,  equipment  or contrivance described in
                 subsection (a) above,  constructed or  installed without
                 authorization as required  by subsection  (a) above, until
                 the information required pursuant to  these Rules and Regulations
                 presented to  the Air  Pollution Control and such article,
                 machine,  equipment or contrivance is  altered if necessary,
                 and made  to conform to the standards  set forth elsewhere in
                 these Rules and Regulations.

(3.0)    Section 4-3     Permit Fee.

        Each applicant for a permit required  by this Chapter shall, upon filing
        his application and paying  a minimum  filing fee of ten dollars ($10.00),
        pay and additional fee as specified in  the following fee schedule;
        provided however,  that no fees  shall  be required  for the filing  of an
        application for a  permit by a  public  agency or a  public officer  acting
        in the scope of his official capacity.   These  fees have been determined
        by the Air Pollution Control Board  to not  exceed  the estimated cost of
        issuing the specified  permits  and inspection pertaining to such  issuance.
        Neither the filing fee nor  the schedule fees shall be returnable.

                                      Fee Schedule

                 Type of Permit                                 Fee
             Permi t to construct,  al ter or operate ^
             burning equipment (based  upon designed  fuel
             consumption of the equipment  in  British Thermal
             Units  (BTUs) per hour,  using  gross  heating values
             of the fuel).

                 Up to and including 10,000,000  BTUs             $  5.00
                 per hour.

                 Over 10,000,000 BTUs  per  hour                   50.00

             Permit to construct,  alter or operate
             incinerator (based upon maximum  horizontal
             inside cross-section  area, in square feet, of
             the primary combustion  chamber).

                 Up to and including 100 square  feet.               5.00

                 Over 100 square feet.                            50.00
                                              -22-

-------
             Permit to construct,  alter or operate other         $10.00
             equipment not  specified  above which may cause
             the emission of air contaminants.

             Duplicate permits  (to replace lost or destroyed       2.00
             permits).

(3.0)   Section 4-4     Exemptions From Perririt Requirements.

        No authorization to construct or permit to operate, shall be required
        for:

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

             b.  Vehicles used  to  transport  passengers or freight.

             c.  Equipment  utilized exclusively in connection  with any
                 struction  which is designed for and used exclusively as
                 a  dwelling for not more than two (2)  families, including
                 incinerators used exclusively in connection with such a
                 structure.

             d.  The following  equipment:

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

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

                      3. Piston-type internal combustion engines.

                      4. Water cooling towers and water cooling ponds not
                         used  for evaporative cooling of process water or
                         not used for evaporative cooling  of  water from
                         barometric  jets or from barometric condensers.

                      5. Equipment used exclusively for steam cleaning.
                                            -23-

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

             e.   Space heaters.

             f.   Equipment used  in eating establishments for the purpose of
                 preparing food  for  human consumption.

             g.   Steam heated  6y natural gas or LPG, or both.

          i   h.   Self-propelled  mobile construction equipment other than
          i       pavement burners.

             i.   Other sources of  minor significance specified by the Air
                 Pollution Control Officer.

             j.   Agricultural  implements used  in agricultural operations.

(3.0)    Section  4-5    Standards  for Granting Applicatiohs for Permits.

             a.   The  Air  Pollution Control Officer shall deny authorization to
                 construct, or permit to operate except as provided in  the
                 "Exemptions"  above, if the applicant does not show that every
                 article, machine, equipment or other contrivance, the  use of
                 which may cause the issuance  of air contaminants, or the use
                 of which may  eliminate or reduce or control the issuance of
                 air  contaminants, is so designed, controlled, or equipped with
                 such air pollution  control equipment that it may be expected
                 to operate without  emitting or without causing to be emitted
                 air  contaminants  in violation of all applicable state  and local
                 regulations.

             b.   No authority  to construct or modify shall be granted unless the
                 applicant shows to  the satisfaction of the Air Pollution Control
                 Officer  that  the  new source,  as designed or modified,  does
                 not  endanger  maintenance or attainment of any applicable
                 ambient  air quality standard.

             c.   Before authorization to construct or permit to operate is
                 granted, the  Air  Pollution Control Officer may require the
                 applicant to  provide and maintain such facilities as are
                 necessary for sampling and test purposes in order to secure
                 information that  will disclose the nature, extent, quantity
                 or degree of  air  contaminants discharged into the atmosphere
                 from the article, machine, equipment or other contrivance
                 described in  the  authorization to construct or permit  to operate.
                                             -24-

-------
                 In the event of such a requirement, the Air Pollution
                 Control Officer shall notify the applicant In writing of
                 the  required size, number and location of sampling holes;
                 the  size and location of the sampling platform; the access
                 to the sampling platform, and the utilities for operating
                 the  sampling and testing equipment.  The platform and access
                 shall be constructed In accordance with the General Industry
                 Safety Orders of the State of California.

             d.   In acting upon a Permit to Operate, if the Air Pollution
                 Control Officer finds that the article, machine, equipment
                 or other contrivance has been constructed not in accordance
                 with the Authorization to Construct, he shall deny the Permit
                 to Operate.  The A1r Pollution Control Officer shall not
                 accept any further application for Permit to Operate the
                 article, machine, equipment or other contrivance so constructed
                 until he finds that the article, machine, equipment or other
                 contrivance has been reconstructed in accordance with the
                 Authorization to Construct.

             e.   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 contrivance nor shall it
                 be deemed or construed to be a warranty, guarantee or repre-
                 sentation on the part of the Air Pollution Control Officer
                 that emission standards may 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 responsible 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.

(2.0)    Section  4-6     Conditional Approval.

        The Air  Pollution Control Officer may issue an authorization to construct
        or a permit to operate, subject to conditions which will bring the
        operation of  any article, machine, equipment or other contrivance within
        the permit standards 1n which case the conditions shall be specified in
        writing.  Commencing work under such an authorization to construct, or
        operation under such a permit to operate, shall be deemed acceptance of
        all the  conditions so specified.  The A1r Pollution Control Officer
        shall issue an authorization to construct or a permit to operate with
        revised  conditions upon receipt of a new application, if the applicant
        demonstrates  that the article, machine, equipment or other contrivance
        can operate within the permit standards under the revised conditions.
                                             -25-

-------
(3.0)   Section 4-7     Denial  of Applications.

        In the event of denial  of authorization  to  construct or  permit  to
        operate the Air Pollution Control  Officer shall  notify the  applicant
        in writing of the reasons therefor.   Service  of  this notification may
        be made In person or by mall,  and  such service may  be  proved by the
        written acknowledgement of the persons served or by the  affidavit of
        the person making the service.  The  Air  Pollution Control Officer
        shall  not accept further application unless the  applicant has corrected
        those  matters specified by the A1r Pollution  Control Officer as his
        reasons for denial  of the authorization  to  construct or  permit  to
        operate.

(2.0)   Section 4-8     Further InformatiOn.

        Before acting on an application for  authorization to construct  or permit
        to operate, the Air Pollution  Control Officer may require the applicant
        to furnish information  or further  plans  or  specifications.

(3.0)   Section 4-9     Action  on Applications.

        The applicant may,  at his option,  deem the  authority to  construct or
        permit to operate denied if the Air  Pollution Control  Officer fails to
        act on the application  within  thirty (30) days after filing, or within
        thirty (30) days after  applicant furnishes  the further information,
        plans  and specifications requested by the Air Pollution  Control Officer,
        whichever is later, and If during  such periods the  Air Pollution Control
        Officer has failed to notify the applicant  that  his application is still
        under  consideration.  Within thirty  (30) days after the  first day on
        which  the applicant may deem such  denial, the applicant  may appeal
        pursuant to the procedures of  Section 4-10.

(2.0)   Section 4-10    Appeals.

        Within ten (10) days after service of notice  by  the Air  Pollution
        Control Officer of denial or conditional approval of an  authorization
        to construct or a permit to operate,  the applicant  may petition the
        Hearing Board, in writing, pursuant  to the  provisions  of Chapter 6 of
        these  Rules and Regulations, for a public hearing.  The  Hearing Board
        after  notice and a  public hearing  held within thirty (30) days  after
        filing of the petition, may order  the action  of  the Air  Pollution
        Control Officer sustained or reversed, and  such  order  may be made
        subject  to specified conditions.

 (2.0)  Section 4-11    Appeal  Fee.

        Any applicant filing an appeal pursuant  to  Section  4-10  shall pay a filing
        fee in the amount of $25.00, which fee shall  not be returnable.
                                             -26-

-------
                                     CHAPTER 5


(5.0)   VARIANCES:

(5.0)   Section 5-1      Request  for Variance.

        Any person may request a variance  from the  requirements established by
        these Rules  and Regulations or  By  orders of the Air  Pollution Control
        Board.  Application for  variances  shall be  filed with the Hearing
        Board pursuant to the provisions of Chapter 6  of these  Rules and
        Regulations.

(5.0)   Section 5-2      Conditions  for  Granting Variance.

        Conditions for granting, revoking, modifying or extending variances
        shall be as  prescribed in Article  5 of Chapter 2 of  Division 20 of
        the Health and Safety Code  (commencing with 24291).

(3.0)   Section 5-3      Application Fee.

        Any applicant for a variance must  pay a filing fee in the amount of
        $25.00 to the Clerk of the  Hearing Board, which fee  shall not be re-
        turnable.


                                     CHAPTER 6
(16.0)  PROCEDURE BEFORE THE HEARING BOARD;

(2.0)   Section 6-1     General.

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

(2.0)   Section 6-2     Filing Petitions.

        A request for a hearing shall be initiated by the filing of a petition
        in triplicate with  the Clerk of the  Hearing Board, Office of the County
        Clerk, Courthouse,  Oroville, California 95965 and the payment to said
        clerk of the applicable fee specified in Rule 4-11 or 5-3 of these Rules
        and Regulations, after service of a  copy of the petition has been made.
        on the Air Pollution Control Officer, Agricultural Building,     .
        Nelson Avenue, P.O. Box 1229, Oroville, California 95965, and one copy
        on the holder of the permit or variance, if any, involved.  The petition
        shall be served either by personal service or fay first class mail,
        postage prepaid, addressed to the person to be served at his residence
        or principal place  of business.
                                             -27-

-------
        Service  may be  proved by written acknowledgement of the person served
        or by the  affidavit  of  the person making the service.

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

(2.0)   Section  6-3     Contents of Petition.

        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 1s an individual, co-partnership,
                corporation or other entity, and names and addresses of
                the partners,  if a co-partnership, names and addresses of
                the officers,  if a corporation, and the names and addresses
                of the governing board or other persons 1n 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.  Whether the petitioner desires a hearing:

                     1.  To request  a  variance, from any rule, regulation
                         or order of the District.

                     2.  To request  that an existing variance be revoked
                         or modified.

                     3.  To appeal from the denial, conditional granting
                         or suspension of any permit required by these Rules
                         and Regulations.

                     4.  To determine  whether a permit should be revoked, or a
                         suspended permit reinstated.


(5.0)   Section  6-4     Petition for  Variance.

        In addition to  the general requirements of Section 6-3, a petition for
        a  variance shall  state  briefly:

             a.  The  rule, regulation or order of the District complained of.
                                              -28-

-------
             b.   The  facts  showing why compliance with the rule, regulation
                 or order would be unreasonable.

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

             d.   The  period of time  for which the variance is sought and the
                 reasons why this period  is necessary.

             e.   The  requirements of such rule, regulation or order which
                 petitioner can comply with and the date when this compliance
                 can  be  accomplished.

             f.   The  advantages and  disadvantages to  the residents of the
                 District which would result from requiring compliance or
                 from granting a variance.
       i
             g.   Whether or not operations under the  requested  variance would
                 constitute a nuisance.

(2.0)   Section  6-5      Appeal from  Denial, Conditional Granting or Suspension.

        In addition to the  general requirements of Section 6-3, petitions  for
        review of the denial, conditional granting or suspension of any permit
        required by these rules and  regulations shall  set forth a summary  of
        the application  for the permit, or a copy thereof, the  alleged reasons
        for the  denial,  conditional  granting or suspension, and the reasons for
        the appeal.

(3.0)  -Section  6-6      Petition for Revocation of Permit.

        In addition to the  general requirements of Section 6-3, petitions  for
        revocation of permits shall  allege the rule or regulation under which
        the permit was granted and the  rule or regulation which is alleged to
        have been violated, together with a brief statement of  the facts con-
        stituting such alleged violation.

(3.0)   Section  6-7      Petition for Reinstatement of Suspended  Permit.

        In addition to the  general requirements of Section 6-3, petitions  for
        reinstatement of a  suspended permit shall allege  the  rules under which
        the permit was granted, together  with a brief statement of the
        information,  analyses, plans or specifications which  were required by
        the Air  Pollution Control  Officer and why such information was not
        furnished, together with a brief  statement why the petitioner believes
        such information was pertinent, a brief statement when  it will be
        furnished.
                                             -29-

-------
(3.0)   Section 6-8     Appeal  and Petition for Variance after Permit Denial^.
(5.0)   '	
        The Hearing Board shall  not receive or accept a  petition for  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
        Air Pollution Control  Officer; except that 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.  A variance  granted by the Hearing
        Board after a denial  of a permit to operate by the Air Pollution Control
        Officer may include a permit to operate for the  duration of the variance.

(2.0)   Section 6-9     Failure to Comply with Rules .

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

(2.0)   Section 6-10    Answers.

        The holder of the permit or variance involved, the Air Pollution Control
        Officer or other interested person may file an answer to a petition
        filed pursuant to the provisions of this chapter within 10 days after
        service of the petition on him.  All  answers shall be served  in the same
        manner as petitions under Section 6-2.

(2.0)   Section 6-11    Dismissal of Petition.

        The petitioner may request dismissal  of his petition  at any time prior
        to submission of the case to the Hearing Board,  and the clerk of the
        Hearing Board shall dismiss the petition in such a case without the
        necessity of a hearing or meeting of the Hearing Board. The  clerk
        shall notify all interested persons of such dismissal.

(16.0)  Section 6-12    Time and Place of Hearing.

        All hearings shall be held within 30 days after  the petition  therefor.:
        has been filed at a time and place designated by the  Hearing  Board.
                                             -30-

-------
(16.0)  Section 6-13    Notice and Hearing.

        Not less than 10 days before  the date of  the  hearing,  the Clerk of
        the Hearing Board shall  serve a notice of the time  and place of
        hearing on the petitioner, on the Air Pollution Control Officer,
        on the holder of the permit or variance involved, if any, on any
        person entitled to notice under 24275, 24295  or 24299  of the Health
        and Safety Code, and on any person  requesting special  notice pursuant
        to Section 6-14.  Service of  the notice shall be made  in the manner
        specified in Section 6-2; provided,  however,  that if the Identity or
        address of any person entitled to notice  is unknown, service shall be
        made as specified in 24300 of the Health  and  Safety Code.

(2.0)   Section 6-14    Interested Members  of Public; Special  Notice.

        The Hearing Board shall  allow interested  members of the public a
        reasonable opportunity to testify with regards to petitions for
        variances and shall consider  such testimony in making  its determination.
        Interested members of the public may request  special notice of hearings
        on such petitions by filing a written request therefor with the Clerk
        of the Hearing Board.

(2.0)   Section 6-15    Evidence.

            -37- Oral evidence shall  be taken at  the  hearing only on oath
                 or affirmation.

             b.  Each party shall have the following  rights at the hearing:
                 to call and examine  witnesses; to introduce exhibits; to
                 cross-examine opposing witnesses on  any matter relevant to
                 the issues even though that matter was not covered in the
                 direct examination;  to impeach any witness regardless of which
                 party first called him to testify; and to  rebut the evidence
                 against him.  If respondent does not testify  in his own behalf,
                 he may be'called and examined as if  under  cross-examination.

             c.  The hearing need not be conducted according  to  technical
                 rules relating to evidence and witnesses.  Any relevant
                 evidence shall be admitted if it is  the  sort  of evidence on
                 which responsible persons are accustomed  to rely  in the conduct
                 of serious affairs,  regardless of the existence of any common
                 law or statutory rule which might make improper the admission
               " of such evidence over objection  in civil  actions.
                                             -31-

-------
                 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 admissable
                 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 irrelevent
                 and unduly repetitious evidence shall be excluded.

(13.0)  Section 6-16    Record of Proceedings.

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

                      1.  A written summary of all the evidence, testimony
                          and proceedings had and presented at the hearing
                          shall be made by a person designated by the Hearing
                          Board for that purpose; or

                      2.  Any interested person, including the District, may
                          at his own cost provide a certified shorthand re-
                          porter satisfactory to the Hearing  Board who shall
                          prepare a verbatim transcript of all the evidence,
                          testimony and proceedings had and presented at the
                          heari ng.

                          The Hearing Board may require that the original
                          and one copy of such transcript, each certified to
                          by the reporter as to its accuracy, be filed with
                          the Hearing Board within 30 days from the closing
                          date of the hearing unless required by the Board
                          prior to that time.

(2.0)   Section 6-17    Preliminary Matters.

        Preliminary matters such as setting a date for hearing, granting
        continuances, approving petitions for filing, allowing amendments
        and other preliminary rulings not determinative of the merits of
        the case may be made by the chairman or any two members of the Hearing
        Board without a hearing or meeting of the Hearing Board and without
         notice.
                        •

(2.0)   Section 6-18    Official  Notice.

        The Hearing Board may take official notice of any matter which may
        be judicially noticed by the courts of this State.
                                              -32-

-------
(2.0)    Section 6-19     Continuances.

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

(2.0)    Section 6-20     Decision.

        The decision  of the Hearing Board on each petition shall be in writing,
        served and filed within  30 days after submission of the cause by the
        parties thereto and shall contain a brief statement of facts found to
        be true, a determination of the issues presented and the order of the
        Hearing Board.  A  copy of the  decision shall be served in the manner
        specified in  Section 6-2 on the Air Pollution Control Officer, the
        petitioner and every person who has filed an answer or who has appeared
        as a party in person or  by counsel  at the hearing.

(2.0)    Section 6-21    'Effective Date of Decision.

        The decision  shall become effective 15 days after copies of it have
        been served as provided  in Section  6-20; provided, however, that the
        Hearing Board may  order  that the  decision shall become effective on
        an earlier specified day.
                                      CHAPTER 7
(2.0)   VIOLATIONS:

        Section 7-1
        Every person violating any order,  rule,  or regulation  of  the  Butte
        County Air Pollution Control  District is guilty of  a misdemeanor.
        Every day during any portion  of which such a violation occurs is a
        separate offense.

(51.1)  Section 7-2     Violation of  Orchard Heater or Agricultural Burning
                        Regulations.

        Any violation of the provisions of Chapter 3 of these  Rules and
        Regulations is a misdemeanor  punishable by imprisonment  in the County
        Jail not exceeing six (6) months,  or by fine not exceeding five hundred
        dollars ($500), or both, and the cost of putting out the fire.
                                               -33-

-------
        Every day during any portion  of which  such violation occurs constitutes
        a separate offense.

(15.0)  Section 7-3     Citations.

        The Control Officer  or his  designated  representative is authorized
        to issue citations to any person  violating any order, rule or regulation
        of the District.


                                      CHAPTER  8
                                                    1
                                                    i
(2.0)   MISCELLANEOUS

(2.0)   Section 8-1     Severability  Clause.

        It is hereby declared to be the  intention of the  Board of Directors
        of the Butte Country Air Pollution Control District that the sections,
        paragraphs, sentences, clauses and phrases of these regulations are
        severable, and if any phrase, clause,  sentence, paragraph or section of
        these regulations shall be  declared unconstitutional by the valid judgment
        or decree of a court of competent jurisdiction, such unconstitutionality
        shall not affect any of the  remaining phrases, clauses, sentences,
        paragraphs and sections of  these  regulations.

        Section 8-2

        The Air Pollution Control Officer or his  deputies are hereby empowered
        to enter upon private property in order to make investigations for the
        purpose of enforcing the provisions of these regulations.
                                             -34-

-------