U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-296 677
Air Pollution Regulations in
State Implementation Plans
California, Merced County
Abcor, Inc, Wilmington, MA Walden Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NC Control
Programs Development Div
Aug 78
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PB 296677
United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
EPA-450/3-78-054-20
August 1978
Air
Air Pollution Regulations
in State Implementation
Plans:
California
Merced County
NATIONAL TECHNICAL '
INFORMATION SERVICE
U. S. DEPARTMENT OF COMMERCE
SPRINGFIELD, VA. 22161
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TECHNICAL REPORT DATA
(Please read Instructions on the reverse before completing)
1. REPORT NO.
EPA-450/3-78-054-20
2.
3. REjCIPIENT'SACCESSION-NO. __
G 0 fl( f 7 ~~7 "7
r> o^M & to / /
4. TITLE AND SUBTITLE
Air Pollution Regulations in State Implementation i
Plans: California Merced County
5. REPORT DATE '
August 1978
6. PERFORMING ORGANIZATION CODE
7. AUTHOR(S)
B. PERFORMING ORGANIZATION REPORT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Walden Division of Abcor, Inc.
Wilmington, Mass.
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT NO.
68-02-2890
12. SPONSORING AGENCY NAME AND ADDRESS
13. TYPE OF REPORT AND PERIOD COVERED
Control Programs Development Division
Office of Air Quality Planning and Standards
Office of Air, Noise, and Radiation
Research Triangle Park, NC 27711
14. SPONSORING AGENCY CODE
15. SUPPLEMENTARY NOTES
EPA Project Officer: Bob Schell, Control Programs Development Division
16. ABSTRACT
This document has been produced in compliance with Section 110(h)(l) of the Clean Air
Act amendments of 1977. The Federally enforceable regulations contained in the State
Implementation Plans (SIPs) have been compiled for all 56 States and territories
(with the exception of the Northern Mariana Islands). They consist of both the
Federally approved State and/or local air quality regulations as indicated in the
Federal Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of the above
categories as of January 1, 1978, have been incorporated. As mandated by Congress,
this document will be updated annually. State and/or local air Quality regulations
which have not been Federally approved as of January 1, 1978, are not included here;
omission of these regulations from this document in no way affects the ability of
the respective Federal, State, or local agencies to enforce such regulations.
17.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
b.lDENTIFIERS/OPEN ENDED TERMS C. COSATI Field/Group
Air pollution
Federal Regulations
Pollution
State Implementation Plans
18. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
19. SECURITY CLASS (This Report/
Unclassified
20. SECURITY CLASS (This page)
Unclassified
22. PRICE
EPA Form 2220-1 (9-73)
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EPA-450/3-78-054-20
Pollution Regulations
in State Implementation Plans
0 • *
California
Merced County
by
Walden Division of Abcor. Inc.
Wilmington, Massachusetts
Contract No. 68-02-2890
EPA Project Officer: Bob Schell
Prepared for
U.S. ENVIRONMENTAL PROTECTION AGENCY
Office of Air, Noise, and Radiation
Office of Air Quality Planning and Standards
Research Triangle Park, North Carolina 27711
August 1978
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This report is issued by the Environmental Protection Agency to
report air pollution regulations of interest to a limited number of
readers. Copies are available, for a fee, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22I&I.
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-450/3-78-054-20
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INTRODUCTION
»
This document has been produced in compliance with Section 110(h)(l)
of the Clean Air Act Amendments of 1977. The Federally enforceable
regulations contained in the State Implementation Plans (SIPs) have been
compiled for all 56 States and territories (with the exception of the
Northern Mariana Islands). They consist of both the Federally approved
State and/or local air quality regulations as indicated in the Federal
Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of
the above categories as of January 1, 1978, have been incorporated. As
mandated by Congress, this document will be updated annually. State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.
There have been recent changes in the Federal enforceability of
parking management regulations and indirect source regulations. The
October, 1977, appropriation bill for EPA prohibited Federal enforcement
of parking management regulations in the absence of specific Federal
authorizing legislation. Federally promulgated parking management
regulations have, therefore, been suspended indefinitely. Pursuant to
the 1977 Clean Air Act Amendments, indirect source regulations may not
.be required for the approval of a given SIP. Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted indirect source regulations contained in an applicable SIP
are Federally enforceable. More importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded,. operated.,- or owned_faci 1 i ti es or proj ects. 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
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to the SIP and the date of the Federal Register in which the revision
was either approved or disapproved by EPA. Finally, a brief description
or reference of the regulation which was submitted is also included.
This document is not intended to provide a tool for determining
the enforceability of any given regulation. As stated above, it is
intended to provide a comprehensive compilation of those regulations
which are incorporated directly or by reference into Title 40, Part 52,
of the Code Of Federal Regulations. Consequently, the ex-elusion 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.
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SUMMARY SHEET
OF
ERA-APPROVED REGULATION CHANGES
MERCED COUNTY
SUBMITTAL DATE
APPROVED DATE
DESCRIPTION
6/60/72
9/22/72
Numerous Changes to
Regs. All approved
unless noted other-
wise.
8/2/76
7/26/77
Revised Rules 411 &
411.1
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DOCUMENTATION OF CURRENT EPA-APPROVED
STATE AIR POLLUTION REGULATIONS
REVISED STANDARD SUBJECT INDEX
1.0 DEFINITIONS
2.0 GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES
3.0 REGISTRATION CERTIFICATES, OPERATING PERMITS AND APPLICATIONS
4.0 AIR QUALITY STANDARDS (PRIMARY AND SECONDARY)
4.1 PARTICULARS
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 HEARINGS9 COMPLAINTS, AND INVESTIGATIONS
17.0 PREVENTION OF SIGNIFICANT DETERIORATION
18.0 AIR QUALITY MAINTENANCE AREA
19.0 - 49.0
RESERVED FOR FUTURE EXPANSION OF COMMON INDEX
50.0 POLLUTANT - SPECIFIC REGULATIONS
50.1 PARTICULATES
50.1.1 PROCESS WEIGHT
50.1.2 VISIBLE EMISSIONS
50.1.3 GENERAL
vi
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50.2 SULFUR COMPOUNDS
50.3 NITRIC OXIDES
50.4 HYDROCARBONS
50.5 CARBON MONOXIDE
50.6 ODOROUS POLLUTANTS
50.7 OTHERS (Pb, Hg, etc.)
1.0 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 FUa BURNING EQUIPMENT (oil, natural gas, coal) - N02 (Includes
Fuel-Content and Other Related Topics)
51.8 HOT MIX ASPHALT PLANTS .
51.9 INCINERATION
51.10 NITRIC ACID PLANTS
51.11 NON-FERROUS SMELTERS (Zn, Cu, etc.) - Sulfur Dioxide
51.12 NUCLEAR ENERGY FACILITIES (Includes Related Topic)
51.13 OPEN BURNING (Includes Forest Management, Forest F1re, 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
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TABLE OF CONTENTS
Revised Standard
Subject Index
-
(2.0)
(1.0)
(2.0)
(15.0)
(15.0)
(2.0)
(9.0)
(9.0)
(7.0)
(2.0)
(15.0)
(15.0)
-
(3.0)
(2.0)
(3.0)
(3.0)
(3.0)
(3.0)
(9.0)
MERCED
Reg.-
Rule Number
Reg. I
Rule 101
102
103
104
105
.106
107
108
109
no
111
112
Reg. II
Rule 201
202
203
204
205
206
207
COUNTY
Title
General Provisions
Title
Definitions
Confidential Information
Enforcement
Order of Abatement
Land Use
Inspections
Source Monitoring
Equipment Shutdown, Startup
and Breakdown
Circumvention
Penal ty
Arrests and Notices to
Appear
Permi ts
Permits Required
Exemptions
Transfer
Applications
Cancellation of Applications
Action on Applications
Provision of Sampling and
Page
Number
1
1
1
6
6
6
6
7
7
7
8
9
9
10
10
11
14
14
14
14
i /i
Testing Facilities 14
vi i i
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Revised Standard
Subject Index
(3.0)
(3.0)
(3.0)
(3.0)
(3.0)
(3.0)06.0)
(3.0)
-
(3.0)
(3.0)
(2.0)
(13.0)
(16.0)
-
(50.1.2)
(2.0)
(50.1.2)
(50.1)
(50.1)
(50.1.1)
(50.2)
(51.9)
-Reg.-
Rule Number
Rule 208
209
210
211
212
213
214
Reg. Ill
Rule 301
302
303
304
305
Reg. IV
Rule 401
402
403
404
405
406
407
407.1
Title
Standards for Granting
Applications
Conditional Approval
Denial of Applications
Further Information
Applications Deemed Denied
Appeals
Existing Sources
Fees
Permit Fee
Permit Fee Schedules
Analysis Fees
Technical Reports, Charges
For
Hearing Board Fees
Prohibitions
Visible Emissions
Exceptions
Wet Plumes
Parti cul ate Matter
Concentration
Parti cul ate Matter -
Emission Rate
Process Weight Chart
Sulfur Compounds
Disposal of Solid or
Page
Number
14
15
15
16
16
16
16
17
17
19
25
25
25
26
26
26
27
27
27
27
28
Liquid Waste
28
ix
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Revised Standard
Subject Index
(51.5)
(51.7)'
(50.4)
(51.16)
(51.16)
(51.16)
(51.16)
(51.16)
(51.21)
(51.13)
(2.0)
(51.13)
(51.9)
(50.7)
(2.0)
(51.1)
-
(3.0)
(2.0)
(16.0)
(2.0)
(5.0)
Reg.-
Rule Number
Rule 407.2
408
409
410
411
411.1
412
413
414
415
416
416.1
417
418
419
420
Reg. V
Rule 501
502
503
504
505
Title
Fuel Burning Equipment-
Combustion Contaminants
Fuel Burning Equipment
Organic Solvents
Page
Number
28
29
29
Storage of Petroleum Products 32
i
Gasoline Transfer'into
Stationary Storage Containers 33
Gasoline Transfer into Vehicle
Fuel Tanks 35
Organic Liquid Loading 36
Effluent Oil Water Separators 37
Reduction of Animal Matter 38
Open Burning 38
Exceptions 39
Agricultural Burning 39
Incinerator Burning 43
Nuisance 43
Exception 43
Orchard Heaters 43
Procedure Before the
Hearing Board 4b
Applicable Articles of the
Health and Safety Code 45
General 45
Filing Petitions 45
Contents of Petitions 45
Petitions for Variances 46
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Revised Standard
Subject Index
(3.0)
(2.0)
(2.0)
(2.0)
(16.0)
(16.0)
(2.0)
(2.0)
(2.0)
(2.0)
(2.0)
(2.0)
(3.0)
Reg.-
Rule Number
Rule 506
507
508
509
510
511
512
513
514
.515
516
517
518
Page
Tit^e Number
Appeal from Denial 47
Failure to Comply with Rules 47
Answers . 47
Dismissal of Petition 47
Place of Hearing 47
Notice of Hearing 47
Evidence 48
Preliminary Matters 48
Official Notice 48
Continuances 48
Decision 49
Effective Date of Decision 49
Lack of Permit 49
xi
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REGULATION I - GENERAL PROVISIONS
(2.0) RULE 101 Title
These rules and regulations shall be known as the Rules and Regulations
of the Merced County Air Pollution Control District.
(1.0) RULE 102 Definitions
Except as otherwise specifically provided in these rules and, except
where the context otherwise indicates, words used in these rules are
used in exactly the same sense as the same words are used in Chapter 2,
Division 20, of the Health and Safety Code.
a. Agricultural Burning
Any open outdoor fire used in agricultural operations in the growing
of crops or raising of fowl or animals, forest management, or range
improvement, including the burning of agricultural wastes.
b. Agricultural Operations
The growing and harvesting of crops, including timber, or the
raising of fowls, animals or bees, for the primary purpose of earning
a living.
c. Air Contaminant
"Air Contaminant" includes smoke, charred paper, dust, soot, grime,
carbon, noxious acids, fumes, gases, odors, or particulate matter,
or any combination thereof.
d. Alteration
Any addition to, enlargement of, replacement of, or any major mod-
ification or change of the design, capacity, process, or arrange-
ment, or any increase in the connected loading of, equipment or
control apparatus, which will significantly increase or effect the
kind or amount of air contaminants emitted.
e. Atmosphere
"Atmosphere" means the air that envelops or surrounds the earth.
Where air pollutants are emitted into a building not designed spec-
ifically as a piece of air pollution control equipment, such emis-
sion into the building shall be considered an emission into the
atmosphere.
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f. Board
"Board" means the Air Pollution Control Board of the Air Pollution
Control District of Merced County.
g. Combustible Refuse
"Combustible Refuse" is any solid or liquid combustible waste mate-
rial containing carbon in a free or combined state.
h. Combustion Contaminants
"Combustion Contaminants" are particulate matter discharged into
the atmosphere from the burning of any kind of material containing
carbon in a free or combined state.
i. Condensed Fumes *
"Condensed Fumes" are minute, solid particles generated by the con-
densation of vapors from solid matter after volatilization from the
molten state, or may be generated by sublimation, distillation,
calcination, or chemical reaction, when these processes create air-
borne particles.
j. Control Officer
"Control Officer" means the Air Pollution Control Officer of the
Air Pollution Control District of Merced County.
k. District
"District" is the Air Pollution Control District of Merced County.
1. Dusts
"Dusts" are minute, solid particles released into the air by natural
forces or by mechanical processes such as crushing, grinding, mil-
ling, drilling, demolishing, shoveling, conveying, covering, bagging,
sweeping, or other similar processes.
m. Emission
The act of passing into the atmosphere of an air contaminant or gas
stream which contains an air contaminant, or the air contaminant so
passed into the atmosphere.
n. Emission Point
The place, located in a horizontal plane and vertical elevation, at
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which an emission enters the atmosphere.
o. Flue
Means any duct or passage for air, gases, or the like, such as a
stack or chimney.
p. Hearing Board
"Hearing Board" means the Hearing Board of the Air Pollution Con-
trol District of Merced County.
q. Installation
The placement, assemblage, or construction of equipment or control
apparatus at the premises where the equipment or control apparatus
will be used, and includes all preparatory work at such premises.
r. Institutional Facility
"Institutional Facility" means any hospital, boarding home, school,
corporation yard, or like facility.
s. Multiple-Chamber Incinerator
"Multiple-Chamber Incinerator" is any article, machine, equipment,
contrivance, structure or any part of a structure used to dispose
of combustible refuse by burning, consisting of three or more re-
fractory 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 Mate-
rials, Method C-24.
t. Open Outdoor Fire
"Open Outdoor Fire" as used in this regulation means combustion of
any combustible refuse or other material of any type outdoors in
the open air not in any enclosure where the products of combustion
are not directed through a flue.
u. Operation
Any physical action resulting in a change in the location, form or
physical properties of a material, or any chemical action resulting
in a change in the chemical composition or the chemical or physical
properties of a material.
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v. Orchard or Citrus 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.
w. Owner
Includes but is not limited to any person who leases, supervises,
or operates equipment, in addition to the normal meaning of owner-
ship.
x. Particulate Matter
"Participate Matter" is any material, except uncombined water, which
exists in a finely divided form as a liquid or solid at standard
conditions.
y. Person
"Person" means any person, firm association, organization, partner-
ship, business trust, corporation, company, contractor, supplier,
installer, user or owner, or any state or local governmental agency
or public district or any officer or employee thereof.
2. PPM
Parts per million by volume expressed on a gas basis.
aa. Process Weight Per Hour
"Process Weight" is the total weight of all materials introduced
into any specific source operation, which operation may cause any
discharge into the atmosphere. Solid fuels charged will be con-
sidered 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.
bb. Regulation
"Regulation" means one of the major subdivisions of the rules of
the Air Pollution Control District of Merced County.
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cc. Residential Rubbish
"Residential Rubbish" means refuse originating from residential uses
and includes wood, paper, cloth, cardboard, tree trimmings, leaves,
lawn clippings, and dry plants.
dd. Rule
"Rule" means a rule of the Air Pollution Control District of Merced
County.
ee. Section
"Section" means section of the Health and Safety Code of the State
of California unless some other statute is specifically mentioned.
ff. Source Operation
"Source Operation" means the last operation preceding the emission
of an air contaminant, which operation (a) results in the separation
of the air contaminant from the process materials or in the con-
version of the process materials into air contaminants, as in the
case of combustion of fuels; and (b) is not an air pollution abate-
ment operation.
gg. Standard Conditions
As used in these regulations, "Standard Conditions" are a gas tem-
perature of 60 degrees Fahrenheit arid a gas'pressure of 14.7 pounds
per square inch absolute. Results of all analyses.and tests shall
be calculated or reported at this gas temperature and pressure.
hh. Standard Cubic Foot of Gas
The amount of gas that would occupy a column of one (1) cubic foot,
if free of water vapor, at standard conditions.
ii. Total Reduced Sulfur (TRS)
Total reduced sulfur contained in hydrogen sulfide, mercaptans,
dimethyl sulfide, dimethyl disulfide or other organic sulfide
compounds, all expressed as hydrogen sulfide. Sulfur dioxide,
sulfur trioxide, or sulfuric acid are not to be included in the
determination of TRS.
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(2.0) RULE 103 Confidential Information
"Trade Secrets" as defined in Section 6254.7 of the Government Code shall
be confidential. Trade Secrets may include, but are not limited to, any
formula, plan, pattern, process, tool mechanism, compound, procedure,
production data, or compilation of information which is not patented,
which is known only to certain individuals, within a commercial concern
who are using it to fabricate, produce or compound an article of trade
or a service having commercial value, and give its users an opportunity
to obtain a business advantage over competitors who do net know or use
it.
(15.0) RULE 104 Enforcement
These rules and regulations shall be enforced by the Air Pollution Con-
trol Officer under authority of Section 24224 (b), Article 2, Section
24260, 24262, Article 4; and all officers empowered by Section 24221,
Article 2.
(15.0) RULE 105 Order of Abatement
The Air Pollution Control Board may, after notice and a hearing, issue
or provide for the issuance by the Hearing Board, after notice and a
hearing, an order for abatement whenever the district finds that any
person is in violation of Section 24242 or 24243 or any rule or regu-
lation prohibiting or limiting the discharge of air contaminants into
the air. The Air Pollution Control Board in holding hearings on the
issuance of orders for abatement shall have all powers and duties con-
ferred upon the Hearing Board by Division 20, Chapter 2, of the Health
and Safety Code of the State of California. The Hearing Board in holding
hearings on the issuance of orders for abatement shall have all powers
and duties conferred upon it by Division 20, Chapter 2, of the Health
and Safety Code of the State of California. Any person who intentially
or negligently violates any order of abatement issued by any type of
air pollution control district pursuant to Section 24260.5 or by the •
State Air Resources Board, shall be liable for a civil penalty not to
exceed six thousand dollars ($6,000) for each day in which such violation
occurs,
(2.0) RULE 106 Land Use
As part of his responsibility to protect the public health and property
from the damaging effects of air pollution, it shall be the duty of the
Air Pollution Control Officer to review and advise the appropriate
planning authorities within the district on all new construction or
changes in land use which the Air Pollution Control Officer believes
could become a source of air pollution problems.
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(9.0) RULE 107 Inspections
Inspections shall be made by the enforcement agency for the purpose of
obtaining information necessary to determine whether air pollution sources
are in compliance with applicable rules and regulations, including author-
ity to require record-keeping and to make inspections and co.nduct tests
of air pollution sources.
(9.0) RULE 108 Source Monitoring
Upon the request of the Air Pollution Control Officer and as directed
by him, the owner of any source operation which emits or may emit air
contaminants, for which emissions limits have been established, shall
provide the following:
a. Sampling ports
b. Safe sampling platforms
c. Safe access to sampling platforms
d. Utilities for sampling equipment
e. Information and records which will enable the Air Pollution Control
Officer to determine when a representative sample can be taken.
In addition, when requested by the Air Pollution Control Officer, the
owner shall provide, install, and operate continuous monitoring equip-
ment on such operations as directed. The equipment shall be capable of
monitoring emission levels within +. 20 percent with confidence levels
of 95 percent. The owner shall maintain, calibrate, and repair the equip-
ment and shall keep the equipment operating at design capabilities.
Records from the monitoring equipment shall be kept by the owner for a
period of two years, during which time they shall be available to the
Air Pollution Control Officer in such form as he directs.
In the event of a breakdown of monitoring equipment, the owner shall
notify the Air Pollution Control Officer immediately and shall initiate
repairs. The owner shall inform the Air Pollution Control Officer of
the extent to shut down any monitoring equipment at least 24 hours prior
to the event.
(7.0) RULE 109 Equipment Shutdown, Startup, and Breakdown
Emissions exceeding any of the limits established by Regulation IV as a
direct result of unavoidable upset conditions, unforeseeable breakdown,
or planned startup and shutdown of any source operation, air pollution
control equipment, or related equipment shall not be a violation pro-
-7-
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vided that the following requirements are met:
a. In the event of breakdown or upset, the person responsible for such
equipment shall promptly report such condition to the Air Pollution
Control Officer. In the event of planned shutdown or startup, the
person responsible for such equipment shall report to the Air Pol-
lution Control Officer at least 24 hours prior to the shutdown or
startup. The report shall include, but is not limited to the fol-
lowing:
1. Identification of the specific facility, its location and per-
mit number.
2. The expected length of time the air pollution control equip-
ment will be out of service.
3. The nature and quantity of emissions of air contaminants to
occur during this period.
4. Measures, such as using off-shift labor and equipment, to be
taken to minimize the emissions.
5. The reasons why, if any, it would be impossible, or impractical,
to shut down the source operation during the maintenance period.
6. Steps to be taken to minimize the probability of the condition
recurring.
b. The Air Pollution Control Officer upon investigation concurs that
the emission was unavoidable or unforeseeable. A determination that
the emission was unavoidable or unforeseeable by the Air Pollution
Control Officer on one occasion shall not be binding upon successive
periods when the Air Pollution Control Officer determines that im-
mediate remedial efforts have not been instituted and corrective
action has not been concluded within a reasonable time under the
circumstances.
(2.0) RULE 110 Circumvention
A person shall not build, erect, install, or use any article, machine,
equipment or other contrivance, the use of which, without resulting in
a reduction in the total release of air contaminants to the atmosphere,
reduces or conceals an emission which would otherwise constitute a vio-
lation of Division 20, Chapter 2, of the Health and Safety Code of the
State of California or of these rules and regulations. This rule shall
not apply to cases in which the only violation involved is of Section
24243 of the Health and Safety Code of the State of California or of
Rule 418 of these rules and regulations. Violation of Rule 110 is a
misdemeanor pursuant to the provisions of Section 24281 of the Health
and Safety Code of the State of California.
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(15.0) RULE 111 Penalty
Every person who violates any provision of these rules is guilty of a
misdemeanor. Every day during any portion of which such violation oc-
curs constitutes a separate offense.
(15.0) RULE 112 Arrests and Notices to Appear
Pursuant to the provisions of Penal Code Section 836.5 the officers and
employees hereinafter set forth are authorized to arrest without a war-
rant and issue written notices to appear whenever they have reasonable
cause to believe that the person to be arrested has committed a mis-
demeanor in their presence which is a violation of a rule or regulation
of the Merced County Air Pollution Control District or a violation of a
section of Chapter 2 of Division 20 or Chapter 3.5 of Part 1 of Division
26 of the Health and Safety Code of the State of California, or any pro-
vision of the Vehicle Code relating to the emission or control of air
contaminants:
1. Air Pollution Control Officer
•
2. Supervising Air Sanitation Officer
3. Environmental Sanitarians of the Merced County Health Depart-
ment
4. Chief Officers of the Merced County and City Fire Departments
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REGULATION II - PERMITS
(3.0) RULE 201 Permits Required
a. Authority to Construct
Any person building, altering or replacing any equipment, the use
of which may cause the issuance of air contaminants or the use of
which may eliminate or reduce or control the issuance of air con-
taminants, shall first obtain authorization for such construction
from the Air Pollution Control Officer. An authority to construct
shall remain in effect until the permit to operate the equipment
for which the application was filed is granted or denied, or the
application is cancelled.
b. Permit to Operate
Before any equipment described in Rule 201(a) may be operated, a
written permit shall be obtained from the Air Pollution Control
Officer. No permit to operate shall be granted either by the Air
Pollution Control Officer or the Hearing Board for any equipment
described in Rule 201(a), constructed or installed without author-
ization as required by Rule 201(a), until the information required
is presented to the Air Pollution Control Officer and such equip-
ment is altered, if necessary, and made to conform to the standards
set forth in Rule 208 (Standards for Granting Application) and
elsewhere in these rules and regulations.
c. Posting of Permit to Operate
A person who has been granted under Rule 201(b) a permit to operate
any equipment described in Rule 201(b), shall firmly affix such
permit to operate, an approved facsimile, or other approved iden-
tification bearing the permit number upon the article, machine,
equipment, or other contrivance in such a manner as to be clearly
visible and accessible. In the event that the equipment is so con-
structed or operated that the permit to operate cannot be so placed,
the permit to operate shall be mounted so as to be clearly visible
in an accessible place within 25 feet of the equipment or maintained
readily available at all times on the operating premises.
d. Altering of Permit
A person shall not willfully deface, alter, forge, counterfeit, or
falsify a permit to operate any equipment.
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(2.0) RULE 202 Exemptions
Any authority to construct or a permit to operate shall not be required
for:
a. Vehicles as defined by the Vehicle Code of the State of California
but not including any article, machine, equipment, or other con-
trivance mounted on such vehicle that would otherwise require a
permit under the provisions of these rules and regulations.
b. Vehicles used to transport passengers or freight.
c. Equipment utilized exclusively in connection with any structure,
which structure is designed for and used exclusively as a dwelling
for not more than four families.
d. The following equipment:
1. Comfort air conditioning or comfort ventilating systems, which
are not designed to remove air contaminants generated by or
released from specific units or equipment.
2. Refrigeration units except those used as, or in conjunction
with, air pollution control equipment.
3. Piston type internal combustion engines.
4. Water cooling towers and water cooling ponds not used for eva-
porative cooling of water from barometric jets or from baro-
metric condensers.
5. Equipment used exclusively for steam cleaning.
6. Presses used exclusively for extruding metals, minerals,
plastics, or wood.
7. Equipment used exclusively for space heating, other than
boi1ers.
8. Equipment used for hydraulic or hydrostatic testing.
9. Equipment used in eating establishments for the purpose of pre
paring food for human consumption.
10. Equipment used exclusively to compress or hold dry natural gas.
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11. Crucible-type or pot-type furnaces with a brimful capacity of
less than 450 cubic inches of any molten metal.
12. Batch mixers of five cubic feet rated working capacity or less.
13. Smokehouses in which the maximum horizontal inside cross-
sectional area does not exceed 20 square feet.
14. Air Resources Board approved orchard heaters.
!
The following equipment 017 any exhaust system or collector serving
exclusively such equipment:
1. Laboratory equipment used exclusively for chemical or physical
analyses and bench scale laboratory equipment.
2. Brazing, soldering, or welding equipment.
3. Ovens, mixers, and blenders used in bakeries where the products
are edible and intended for human consumption.
4. Equipment used exclusively for forging, pressing, rolling, or
drawing of metals or for heating metals immediately prior to
forging, pressing, rolling or drawing.
5. Equipment using aqueous solutions for surface preparation,
cleaning, stripping, etching (does not include chemical mil-
ling), or the electrolytic plating with electrolytic polishing,
or the electrolytric stripping of bronze, brass, cadmium, cop-
per, iron, lead, nickel, tin, zinc, and precious metals.
6. Equipment used for washing or drying products fabricated from
metal, cloth, fabric, or glass, provided that no organic ma-
terials are used in the process and that no oil or solid fuel
is burned.
7. Equipment used for compression molding and injection molding
of plastics.
8. Vacuum producing devices used in laboratory operations or in
connection with other equipment which is exempt by Rule 201.
9. Equipment used for noncommercial buffing (except automatic
or semi-automatic tire buffers) or polishing, carving, cut-
ting, drilling, machining, routing, sanding, sawing, surface
grinding or turning of ceramic artwork, ceramic precision parts,
leather, metals, plastics, rubber, fiberboard, masonry,
asbestos, carbon or graphite.
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10. Equipment used for noncommercial carving, cutting, drilling,
surface grinding, planing, routing, sanding, sawing, shred-
ding or turning of wood, or the pressing or storing of saw-
dust, wood chips or wood shavings.
11. Laundry driers, extractors, or tumblers used for fabrics
cleaned only with water solutions of bleach or detergents.
f. Steam generators, steam superheaters, water boilers, water heaters,
and closed heat transfer systems of 15,000,000 BTU per hour capa-
city or less that are fired exclusively with natural gas or liqui-
fied petroleum gas or any combination thereof.
g. Natural draft hoods, natural draft stacks, or natural draft venti-
lators where no organic solvents, diluents, or thinners are used.
h. Containers, reservoirs, or tanks used exclusively for:
1. Dipping operations for coating objects with oils, waxes, or
greases where no organic solvents, diluents, or thinners are
used.
2. Dipping operations for applying coatings of natural or syn-
thetic resins which contain no organic solvents.
3. Storage of liquified gases.
4. Unheated storage of organic materials with an initial boiling
point of 300° Fahrenheit or greater.
5. The storage of fuel oils and lubricating oils.
6. Unheated solvent dispensing containers, unheated nonconvey-
orized coating dip tanks of 100 gallons capacity or less.
7. Transporting materials on streets or highways.
8. Storage of gasoline in underground tanks having a capacity of
5,000 gallons or less.
i. Self-propelled mobile construction equipment other than pavement
burners.
j. Agricultural implements used in agricultural operations.
k. Vacuum cleaning systems used exclusively for industrial, commercial,
or residential housekeeping purposes.
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1. Repairs or maintenance not involving structural changes to any
equipment for which a permit has been granted.
m. Identical replacements in whole or in part of any equipment where
a permit to operate has previously been granted for such equip-
ment.
(3.0) RULE 203 Transfer
A permit shall not be transferable, whether by operation of law or
otherwise, either from one location to another, from one piece of
equipment to another, or from one person to another.
(3.0) RULE 204 Applications
Every application for a permit required under Rule 201 shall be filed
in the manner and form prescribed by the Air Pollution Control Officer,
and shall give all the information necessary to enable the Air Pol-
lution Control Officer to make the determination required by Rule 208
hereof.
(3.0) RULE 205 Cancellation of Applications
a. An authority to construct shall expire and the application shall
be cancelled two years from the date of issuance of the authority
to construct.
b. An application for a permit to operate shall be cancelled two years
from the date of filing of the application.
(3.0) RULE 206 Action on Applications
The Air Pollution Control Officer shall act, within a reasonable time,
on a permit application and shall notify the applicant in writing of
his approval, conditional approval, or denial.
(9.0) RULE 207 Provision of Sampling and Testing Facilities
A person operating or using any equipment for which these rules require
a permit shall provide and maintain such sampling and testing facilities
as specified in the permit.
(3.0) RULE 208 Standards for Granting Applications
a. The Air Pollution Control Officer shall deny a permit except as pro-
vided in Rule 209, if the applicant does not show that the use of
any equipment, which may cause the issuance of air contaminants, or
the use of which may eliminate or reduce or control the issuance of
air contaminants, is so designed, controlled, or equipped with such
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air pollution control equipment, that it may be expected to operate
without emitting or without causing to be emitted air contaminants
in violations of Section 24242 or 24243, of the Health and Safety
Code, or of these rules and regulations.
b. Before a permit is granted, the Air Pollution Control Officer may
require the applicant to provide and maintain such facilities as
are necessary for sampling and testing purposes in order to secure
information that will disclose the nature, extent, quantity or
degree of air contaminants discharged into the atmosphere from the
equipment described in the permit. In the event of such a require-
ment, the Air Pollution Control Officer shall notify the applicant
in writing of the required size, number and location of the samp-
ling 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.
c. In acting upon a permit to operate, if the Air Pollution Control
Officer finds that the equipment has been constructed not in ac-
cordance with the authority to construct, he shall deny the permit
to operate. The Air Pollution Control Officer shall not accept
any further application for permit to operate the equipment so
constructed until he finds that the equipment has been constructed
in accordance with the permit to construct.
(3.0) RULE 209 Conditional Approval
The Air Pollution Control Officer may issue an authority to construct or
a permit to operate subject to conditions which will bring the operation
of any equipment within the standards of Rule 208, in which case the
conditions shall be specified in writing. Commencing work under such a
permit to operate shall be deemed acceptance of all the conditions so
specified. The Air Pollution Control Officer shall issue an authority
to construct or a permit to operate with revised conditions upon receipt
of a new application, if the applicant demonstrates that the equipment
can operate within the standards of Rule 208 under the revised conditions.
(3.0) RULE 210 Denial of Applications
In the event of denial of a permit, the Air Pollution Control Officer
shall notify the applicant in writing of the reasons therefore. Ser-
vice of this notification may be made in person or by mail, and such
service may be proved by the written acknowledgement of the persons
served or affidavit of the person making the service. The Air Pol-
lution Control Officer shall not accept a further application unless
the applicant has complied with the objections specified by the Air
Pollution Control Officer as his reasons for denial of the permit.
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(3.0) RULE 211 Further Information
Before acting on an application for a permit, the Air Pollution Control
Officer may require the applicant to furnish information or further plans
or specifications.
(3.0) RULE 212 Applications Deemed Denied
The applicant may at his option deem the permit denied if the Air Pol-
lution Control Officer fails to act on the application within 30 days
after filing, or within 30 days after applicant furnishes the further
information, plans and specifications requested by the Air Pollution
Control Officer, whichever is later.
(3.0) RULE 213 Appeals
(16.0)
Within 10 days after notice by the Air Pollution Control Officer of
denial of a permit, the applicant may petition the Hearing Board, in
writing* for a public hearing. The Hearing Board, after notice and a
public hearing held within 30 days after filing the petition, may sus-
tain or reverse the action of the Air Pollution Control Officer; such
orders may be made subject to specified conditions.
(3.0) RULE 214 Existing Sources
Existing sources, where control equipment has been installed, that were
in compliance and sources that are on a compliance schedule approved by
the Air Pollution Control District, on the effective date of Rule 201,
shall be issued a conditional permit to operate. The conditional permit
to operate will not be valid if there is a significant change in the pro-
cess or significant increase in production.
Existing sources, requiring the installation of control equipment, shall
be issued a conditional permit to operate provided that an acceptable
time for compliance if filed with the Air Pollution Control Officer.
The time for compliance shall include each of the following times: time
for engineering, time for procurement, time for fabrication, and time
for installation and adjustment. The Air Pollution Control Officer may
require such periodic reports on each phase of the progress toward
compliance. Failure at any phase to make reasonable progress toward
completion of such installations as are required for final compliance
shall be deemed an unreasonable delay in compliance and is subject to
revocation of the conditional permit to operate.
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REGULATION III - FEES
(3.0) RULE 301 Permit Fee
a. Filing Fee
Every applicant, except any federal, state, or local governmental
agency or public district, for an authority to construct or a per-
mit to operate equipment for which a permit is required by (the
State Law or) the rules and regulations of the Air Pollution Con-
trol District, shall pay a non-refundable filing fee of $20.
Where an application is filed for a permit to operate any article,
machine, equipment or other contrivance by reason of transfer from
one person to another, and where a permit to operate had previously
been granted under rule and no alteration, addition, or transfer of
location has been made, the applicant shall pay only a $10 nonre-
fundable filing fee. ,
b. Permit Fee
Every applicant, except any state or local governmental agency or
public district, for a permit to operate, who files application
with the Air Pollution Control Officer, shall in addition, to the
filing fee prescribed herein, pay the fee for the issuance of a
permit to operate in the amount prescribed in the following sche-
dules, provided, however, that the filing fee shall be applied to
the fee prescribed for the issuance of the permit to operate.
c. Cancellation or Denial
If an application for an authority to construct or a permit to ope-
rate is cancelled, or if an authority to construct or a permit to
operate is denied and such denial becomes final, the filing fee re-
funded nor applied to any subsequent application.
Transfer of Location or Owner
Where an application is filed for a permit to operate any equip-
ment by reason of transfer of location or transfer from one person
to another, or both, and where a permit to operate had previously
been granted for such equipment under Rule 201 and an alteration
or addition has been made, the applicant shall be assessed a fee
based upon the increase in total horsepower rating, the increase
in total fuel consumption expressed in thousands of British Therma
Units (BTU) per hour, the increase in total electrical energy
rating, the increase in maximum horizontal inside cross-sectional
area or the increase in total stationary container capacity re-
sulting from such alterations or additions, as.described in the fee
schedules contained herein. Where the application is for transfer
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of location, and no alteration or addition has been made, the ap-
plicant shall pay only the amount of the filing fee required here-
in.
e. Alteration of Equipment
Where an application is filed for an authority to construct or a
permit to operate exclusively involving revisions to the conditions
of an existing permit to operate or involving alterations or ad-
ditions resulting in a change to any existing equipment holding a
permit under the provisions of Rule 201 of these rules and regu-
lations, the applicant shall be assessed a fee based upon the in-
crease in total horsepower rating, the increase in total fuel con-
sumption expressed in thousands of British Thermal Units (BID) per
hour, the increase in total electrical energy rating, the increase
in maximum horizontal inside cross-sectional area or the increase
in total stationary container capacity resulting from such alter-
ations or additions, as described in the fee schedules contained
herein. Where there is no change or is a decrease in such rating,
the applicant shall pay only the amount of the filing fee required
herein.
f. Permit Fee Penalty
After the provisions for granting permits as set forth in Chapter
2, Division 20, of the Health and Safety Code and these rules and
regulations have been complied with, the applicant shall be no-
tified by the Air Pollution Control Officer, in writing, of the
fee to be paid for issuance of the permit to operate. Such notice
may be given by personal service or by deposit, postpaid, in the
United States mail and shall serve as a temporary permit to operate
for 30 days from the date of personal service or mailing. Nonpay-
ment of the fee within this period of time shall result in the
automatic cancellation of the application.
g. Permit Granted by Hearing Board
In the event that a permit to operate is granted by the Hearing
Board after denial by the Air Pollution Control Officer or after
the applicant deems his application denied, the applicant shall
pay the fee prescribed in the following schedules within 30 days
after the date of the decision of the Hearing Board. Nonpayment
of the fee within this period of time shall result in automatic
cancellation of the permit arid the application.
h. Annual Renewal Fee
Annually on the anniversary of the issuance of a permit to ope-
rate granted under Rule 201, the permittee shall pay a renewal
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fee amounting to one-fourth of the initial permit fee under current
fee schedules. The holder of permits with more than one anniver-
sary date may adjust annual renewal payments to a single anniver-
sary date by prorating renewal fee(s) as necessary. If the renewal
fee is not paid within 30 days after it becomes due, the fee shall
be increased by one-half the amount thereof, and the Air Pollution
Con.trol Officer shall thereupon promptly notify the permittee by
mail of the increased fee. If the increased fee is not paid within
30 days after such notice, the permit shall be automatically re-
voked and the Air Pollution Control Officer shall so notify the
permittee by mail.
i Multiple Locations
When permits have been issued to operate movable equipment at-two
or more locations, only one annual renewal fee will be charged.
The anniversary date on which the annual renewal fee will be due
will be that noted on the original permit.
j. Duplicate Permit
A request for a duplicate permit to operate shall be made in writing
to the Air Pollution Control Officer within 10 days after the de-
struction, loss or defacement of a permit to operate. A fee of $2
shall be charged, except to any federal, state, or local govern-
mental agency or public district, for issuing a duplicate permit to
operate.
(3.0) RULE 302 Permit Fee Schedules
It is hereby determined that the cost of issuing permits, and of in-
spections pertaining to such issuance exceeds the fees prescribed here-
in. In determining the fees to be charged, the applicable equipment
within each process that requires a permit will be totalled for each
schedule. In the event that more than one fee schedule is applicable
to a permit to operate, the governing schedule shall be that which re-
sults in the higher fee.
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SCHEDULE 1
ELECTRIC MOTOR HORSEPOWER SCHEDULE
Any equipment which may cause the emission of air contaminants where an
electric motor is used as the power supply shall be assessed a permit
fee based on the total rated motorhorsepower of all electric motors in-
cluded in any article, machine, equipment or other contrivance, in ac-
cordance with the following schedule:
Horsepower Fee
Up to and Including 25 ......$ 20.00
Greater Than 25 but Less Than 51 28.00
Greater Than 50 but Less Than 101 48.00
Greater Than 100 but Less Than 201 76.00
Greater Than 200 but Less Than 401 . . . 100.00
Greater Than 400 but Less Than 801 148.00
Greater Than 800 but Less Than 1,601 200.00
Greater Than 1,600 ... 252.00
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SCHEDULE 2
FUEL BURNING EQUIPMENT SCHEDULE
Any equipment which may cause the emission of air contaminants in which
fuel is burned, with the exception of incinerators which are covered in
Schedule 4, shall be assessed a permit fee based upon the design of the
equipment expressed in British Thermal Units (BTU) per hour in accordance
with the following schedule:
1,000 BTU Per Hour Fee
Up to and Including 150 $ 20.00
Greater Than 150 but Less Than 401 28.00
Greater Than 400 but Less Than 651 48.00
Greater Than 650 but Less Than 1,501 ...... 76.00
Greater Than 1,500 but Less Than .2,501 .......... 100.00
Greater Than 2,500 but Less Than 5,001 ... 148.00
Greater Than 5,000 but Less Than 15,001 200.00
Greater than 15,000 252.00
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SCHEDULE 3
ELECTRICAL ENERGY SCHEDULE
Any equipment which may cause the emission of air contaminants which
uses electrical energy, with the exception of electric motors covered
in Schedule 1, shall be assessed a permit fee based on the total kilo-
volt ampere (KVA) rating, in accordance with the following schedule:
Kilovolt Amperes Fee
Up to and Including 45 $ 20.00
Greater Than 45 but Less Than 145 28.00
145 or Greater but Less Than 450 48.00
450 or Greater but Less Than 1,450 60.00
1,450 or Greater but Less Than 4,500 88.00
4,500 or Greater but Less Than 14,500 148.00
14,500 or Greater 252.00
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SCHEDULE 4
INCINERATOR SCHEDULE
Any equipment designed and used primarily to dispose of combustible
refuse by wholly consuming the material charged leaving only the ashes
or residue shall be assessed a permit fee based on the following sche-
dule of the maximum horizontal inside cross-sectional area, in square
feet, of the primary combustion chamber.
Area, in Square Feet Fee
Up to and including 8 $ 20.00
Greater Than 8 but Less Than 16 28.00
16 or Greater but Less Than 27 36.00
27 or Greater but Less Than 47 56.00
47 or Greater but Less Than 90 ................ 76.00
90 or Greater • 112.00
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SCHEDULE 5
STATIONARY CONTAINER SCHEDULE
Any stationary tank, reservoir or other container, the contents which
may emit an air contaminant shall be assessed a permit fee based on
the following schedule of capacities in gallons or cubic equivalent
in accordance with the following schedule:
Gallons Fee
Up to and including 5,000 $ 20.00
5,001 - 20,000 24.00
20,001 - 50,000 .- 36.00
50,001 - 100,000 48.00
100,000 - 500,000 64.00
500,001 - 1,000,000 80.00
1,000,001 - Up 100.00
SCHEDULE 6
MISCELLANEOUS SCHEDULE
Any article, machine, equipment or other contrivance which may cause
the issuance of air contaminants as defined in Rule 102 of the rules
and regulations, which is not included in the preceding schedules
shall be assessed a permit fee of $20.
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(2.0) RULE 303 Analysis Fees
Whenever the Air Pollution Control Officer finds that an analysis of
the emission from any source is necessary to determine the extent and
amount of pollutants being discharged into the atmosphere which can-
not be determined by visual observation, he may order the collection
of samples, making the analysis, and preparing the necessary reports,
but excluding time required in going to and from such premises may be
charged against the owner or operator of said premises in a reasonable
sum to be determined by the Air Pollution Control Officer, which said
sum is not to exceed the actual cost of such work.
(13.0) RULE 304 Technical Reports, Charges for
Information, circulars, reports of technical work, and other reports
prepared by the Air Pollution Control District when supplied to other
governmental agencies or individuals or groups requesting copies of
the same, may be charged for by the district in a sum not to exceed
the cost of preparation and distribution of such documents. All such
monies collected shall be turned into the general funds of the said
district.
(16.0) RULE 305 Hearing Board Fees
a. Every applicant or petitioner for a variances or for the extension,
revocation or modification of a variance, or for an appeal from a
denial or conditional approval of an authority to construct or per-
mit to operate except any federals, state, or local governmental
agency or public district, shall pay the clerk of the Hearing Board,
on filing, a nonreturnable fee in the sum of $25. It is hereby de-
termined that the cost of administration of Article 5, Chapter 2,
Division 20, of the Health and Safety Code exceeds $25 per petition.
b. Any person requesting a transcript of the hearing shall pay the cost
of such transcript.
c. This rule shall not apply to petitions filed by the Air Pollution
Control Officer.
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REGULATION IV - PROHIBITIONS
(50.1.2) RULE 401 Visible Emissions
A person shall not discharge into the atmosphere from any single source
of emission whatsoever, any air contaminant for a period or periods ag-
gregating more than three minutes in any one hour which is:
a. As dark or darker in shade as that designated as No. 1 on the Rin-
gelmann Chart, as published by the United States Bureau of Mines.
b. Of such opacity as to obscure an observer's view to a degree equal
to or greater than does smoke described in subsection (a) of this
rule.
This rule shall be effective on the date of its adoption for any source
of emission not then completed and put into service. All other existing
sources of emissions shall not exceed Number 2 on the Ringelmann Chart
or equal opacity and must be brought into conformance of Number 1 on the
Ringelmann Chart or equal opacity not later than January 1, 1974.
(2.0) RULE 402 Exceptions
The provisions of Rule 401 do not apply to:
a. Smoke from fires set by or permitted by any public officer, if such
fire is set or permission given in the performance of the official
duty of such officer, and such fire in the opinion of such officer
is necessary:
1. For the purpose of the prevention of a fire or health hazard
which cannot be abated by any other means, or
2. For instruction of public employees in the methods of fighting
fire.
b. Smoke from fires set pursuant to permit on property used for in-
dustrial purposes for the purpose of instruction of employees in
methods of fighting fire.
c. Agricultural operations in the growing of crops or raising of fowl
or animals.
d. The use of an orchard or citrus grove heater which does not produce
unconsumed solid carbonaceous matter at a rate in excess of one (1)
gram per minute.
e. The use of other equipment in agricultural operations in the growing
of crops, or the raising of fowl or animals.
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(50.1.2) RULE 403 Wet Plumes
Where the presence of uncombined water is the only reason for the fail-
ure of an emission to meet the limitation of Rule 401, that rule shall
not apply. The burden of proof which establishes the application of
this rule shall be upon the person seeking to come within its provisions.
(50.1) RULE 404 Particulate Matter Concentration
A person shall not release or discharge into the atmosphere from any
single source operation dust, fumes, or particulate matter emissions
in excess of 0.1 grain per cubic foot of gas at standard conditions.
This rule shall be effective on the date of adoption for any equipment
not then completed and put into service. All other existing sources
of emissions shall not exceed 0.3 grains per cubic foot of gas at stan-
dard conditions and must be brought into conformance of 0.1 grain not1
later than January 1, 1974.
(50.1) RULE 405 Particulate Matter - Emission Rate
A person shall not discharge into the atmosphere from any source oper-
ation particulate matter in excess of that allowed by Rule 406. This
rule shall be effective on the date of adoption for any equipment not
then completed and put into service. As to all other equipment this
rule shall be effective on January 1, 1974.
(50.1.1) RULE 406 Process Weight Chart
ALLOWABLE RATE OF EMISSION BASED ON PROCESS WEIGHT RATE
Process Weight Rate
Lbs/Hr
50
100
500 ....
1,000
5,000
10,000
20,000
60,000
80,000
120,000
Emission Rate
Lbs/Hr
0.36
0.55
1.53
2.25
6.34
9.73
14.99
29.60
31.19
33.28
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RULE 406 (con't)
160,000 ....................... 34.85
200,000 ....................... 36.11
400,000 ....................... 40.35
1,000,000 ...................... 46.72
Interpolation of the data for the process weight rates up to 60,000 Ibs/hr
shall be accomplished by the use of the equation:
E=3.59 p°'62 P s^30 tons/hr
and interpolation and extrapolation of the data for process weight rates
in excess of 60,000 Ibs/hr shall be accomplished by use of the equation:
E=17.31 p°'16 P=-30 tons/hr
Where: E=Emissions in pounds per hour.
P-Process weight rate in tons per hour.
(50.2) RULE 407 Sulfur Compounds
A person shall not discharge into the atmosphere sulfur compounds, which
would exist as a liquid or gas at standard conditions, exceeding in con-
centration at the point of discharge: 0.2 percent by volume calculated
as sulfur dioxide
(51.9) RULE 407.1 Disposal of Solid or Liquid Waste
A person shall not discharge into the atmosphere from any incinerator or
other equipment used to dispose of combustible refuse by burning particu-
late matter in excess of 0.1 grain per cubic foot of gas calculated to 12
percent of carbon dioxide (C02) at standard conditions. Any carbon dio-
xide (C02) produced by combustion of any liquid or gaseous fuels shall be
excluded from the calculation to 12 percent of carbon dioxide (C02).
(51.5) RULE 407.2 Fuel Burning Equipment - Combustion Contaminants
A person shall not discharge into the atmosphere combustion contaminants
exceeding in concentration at the point of discharge: 0.1 grain per
cubic foot of gas calculated to 12 percent of carbon dioxide
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(51.5) RULE 408 Fuel Burning Equipment
(51.6)
(51.7) A person shall not build, erect, Install or expand any nonmobile fuel
burning equipment unit unless the discharge into the atmosphere of con-
taminants will not and does not exceed any one or more of the following
rates:
a. 200 pounds per hour of sulfur compounds, calculated as sulfur dio-
xide (S02);
b. 140 pounds per hour of nitrogen oxides, calculated as nitrogen
dioxide (N02);
c. 10 pounds per hour of combustion contaminants as defined in Rule
102(h) and derived from the fuel.
For the purpose of this rule, "Fuel Burning Equipment" means any furnace,
boiler, apparatus, stack, and all appurtenances thereto, used in the
process of burning fuel for the primary purpose of producing heat or
power by indirect heat transfer. A fuel burning unit shall be comprised
of the minimum number of fuel burning equipment, the simultaneous oper-
ations of which are required for the production of useful heat or power.
Fuel burning equipment serving primarily as air pollution control equip-
ment by using a combustion process to destroy air contaminants shall be
exempt from the provisions of this rule.
Nothing in this rule shall be construed as preventing the maintenance or
preventing the alteration or modification of an existing fuel burning
equipment unit which will reduce its mass rate of air contaminant emis-
sions.
(50.4) RULE 409 Organic Solvents
a. A person shall not discharge more than 15 pounds of organic materials
into the atmosphere in any one day from any article, machine, equip-
ment or other contrivance in which any organic solvent or any mate-
rial containing organic solvent comes into contact with flame or is
baked, heat-cured or heat-polymerized, in the presence of oxygen,
unless all organic materials discharged from such article, machine,
equipment or other contrivance have been reduced either by at least
85 percent overall or to not more than 15 pounds in any one day.
b. A person shall not discharge more than 40 pounds of organic material
into the atmosphere in any one day from any article, machine, equip-
ment, or other contrivance used under conditions other than described
in section (a) for employing, applying, evaporating or drying any
photochemically reactive solvent, as defined in section (k), or
material containing such solvent, unless all organic materials dis-
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charged from such article, machine, equipment or other contrivance
have been reduced either by at least 85 percent overall or to not
more than 40 pounds in any one day.
c. Any series of articles, machines, equipment or other contrivances
designed for processing a continuously moving sheet, web, strip,
or wire which is subjected to any combination of operations de-
scribed in sections (a) or (b) involving any photochemically re-
active solvent, as defined in section (k), or material containing
such solvent, shall be subject to compliance with section (b).
Where only ndnphotochemically reactive solvents, or material con-
taining only nonphotochemically reactive solvents, are employed or
applied, and where any portion or portions or said series of arti-
cles, machines, equipment or other contrivances involves operations
described in section (a), said portions shall be collectively sub-
ject to compliance with section (a).
d. Emissions of organic materials to the atmosphere from the cleanup
with photochemically reactive solvent, as defined in section (k),
of any article, machine, equipment or other contrivance described
in sections (a), (b), or (c), shall be included with the other
emissions of organic materials from that article, machine, equip-
ment or other contrivance for determining compliance with this rule.
e. Emissions of organic materials to the atmosphere as a result of
spontaneously continuing drying of products for the first 12 hours
after their removal from any article, machine, equipment or other
contrivance described in sections (a), (b), or (c), shall be in-
cluded with other emissions of organic materials from that article,
machine, equipment or other contrivance for determining compliance
with this rule.
f. Emissions of organic materials into the atmosphere required to be
controlled by sections (a), (b), or (c), shall be reduced by:
1. Incineration, provided that 90 percent or more of the carbon
in the organic material being incinerated is oxidized to carbon
dioxide, or
2. Adsorption, or
3. Processing in a manner determined by the Air Pollution Control
Officer to be not less effective than (1) or (2) above.
g. A person incinerating, absorbing, or otherwise processing organic
materials pursuant to this rule shall provide, properly install and
maintain in calibration, in good working order and in operation,
devices as specified in the authority to construct or the permit
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to operate, or as specified by the Air Pollution Control Officer,
for indicating temperatures, pressures, rates of flow or other
operating conditions necessary to determine the degree and ef-
fectiveness of air pollution control.
h. Any person using organic solvents or any materials containing or-
ganic solvents shall supply the Air Pollution Control Officer,
upon request and in the manner and form prescribed by him, written
evidence of the chemical composition, physical properties and
amount consumed for each organic solvent used.
i. The provisions of this rule shall not apply to:
1. The manufacture of organic solvents, or the transport or
storage of organic solvents or materials containing or-
ganic solvents.
2. The use of equipment for which other requirements are
specified by Rules 410, 411, 412, and 413, or which are
exempt from air pollution control requirements by said
rules.
3. The spraying or other employment of insecticides, pesti-
cides, or herbicides.
4. The employment, application, evaporation or drying of
saturated halogenated hydrocarbons or perchloroethylene.
j. For the purposes of this rule, organic solvents include diluents
and thinners and are defined as organic materials which are liquids
at standard conditions and which are used as dissolvers, viscosity
reducers or cleaning agents.
k. For the purposes of this rule, a photochemically reactive solvent
is any solvent with an aggregate of more than 20 percent of its
total volume composed of the chemical compounds classified below
or which exceeds any of the following individual percentage com-
position limitations, referred to the total volume of solvent:
1. A combination of hydrocarbons, alcohols, aldehydes, esters,
ethers or ketones having an olefinic or cycloolefinic type
of unsaturation: 5 percent;
2. A combination of aromatic compounds with eight or more carbon
atoms to the molecule except ethyl benzene: 8 percent;
3. A combination of ethyl benzene, ketones having branched hydro-
carbon structures trichloroethylene or toluene: 20 percent.
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Whenever any organic solvent or any constituent of an organic solvent
may be classified from its chemical structure into more than one of
the above groups of organic compounds, it shall be considered as a
member of the most reactive chemical group; that is, that group having
the least allowable percentage of the total volume of solvents.
1. For the purpose of this rule, organic materials are defined
as chemical compounds of carbon excluding carbon monoxide,
carbon dioxide, carbonic acid, metallic carbides, metallic
carbonates and ammonium carbonate.
(51.16) RULE 410 Storage of Petroleum Products
A person shall not place, store or hold in any stationary tank, reser-
voir or other container of more than 40,000. gallons capacity any gaso-
line or any petroleum distillate having a vapor pressure of 1.5 pounds
per square inch absolute or greater under actual storage conditions;
unless such tank, reservoir or other container is a pressure tank main-
taining working pressures sufficient at all times to prevent hydrocarbon
vapor or gas loss to the atmosphere, or is designed and equipped with
one of the following vapor loss control devices, properly installed, in
good working order and in operation:
a. A floating roof, consisting of a pontoon type or doubledeck type
- — roof, resting on the surface of the liquid contents and equipped
with a closure seal, or seals, to close the space between the
.roof edge and tank wall. The control equipment provided for in
this paragraph shall not be used if the gasoline or petroleum
distillate has a vapor pressure of 11.0 pounds per square inch
absolute or greater under actual storage conditions. All tank
gauging or sampling is taking place.
b. A vapor recovery system, consisting of a vapor gathering system
capable of collecting the hydrocarbon vapors and gases discharged
and a vapor disposal system capable of processing such hydrocarbon
vapors and gases so as to prevent their emission to the atmosphere
and with all tank gauging and sampling devices gas-tight except
when gauging or sampling is taking place.
c. Other equipment of equal efficiency, provided such equipment is
submitted to and approved by the Air Pollution Control Officer.
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(51.16) RULE 411 Gasoline Transfer into Stationary Storage Containers
a. A person shall not transfer or permit the transfer of gasoline in-
to any stationary container installed after December 31, 1970, with
a capacity of 250 gallons or more from any tank truck or trailer,
except through a permanently submerged fill pipe, unless such tank
is equipped with a vapor loss control device or is a pressure tank.
b. A person shall not transfer or permit the transfer of gasoline
from any tank truck or trailer into any stationary container with
a capacity of more than 250 gallons unless such container is equip-
ped with a submerged fill pipe and unless 90 percent by volume of
the gasoline vapors displaced during the filling of the stationary
container are prevented from being released to the atmosphere
through the following process:
1. The displaced gasoline vapors or gases are processed by a
system that includes (1) a vapor-tight liquid fill connector,
(2) a vapor-tight vapor return line to the delivery vessel
with a cross-sectional area at least 50 percent as great as
that of the gasoline fill line, (3) a tank vent line properly
sized and equipped with a vent discharge opening of 0.5 inch
diameter or device approved by the Air Pollution Control Of-
ficer which will insure that the vapor return line is con-
nected before gasoline can be transferred into the container,
and (4) the vaporladen delivery vessel being refilled only
at facilities equipped with vapor recovery or disposal sys-
tems described in Rule 412.
2. The displaced gasoline vapor or gases are processed by a
system approved by the Air Pollution Control Officer and
with a minimum recovery efficiency at least equivalent to
that of the system described in b. above.
3. Transfer is made to a storage container equipped as de-
scribed in Rule 410, a, b, or c.
c. • The provisions of Rule 411 b shall not apply to the following:
1. The transfer of gasoline into stationary storage containers
used exclusively for the fueling of implements of husbandry
as such vehicles are defined in Division 16 (Section 36000
et seq.) of the California Vehicle Code.
2. The transfer of gasoline into any stationary container having
a capacity of 2,000 gallons or less which was installed prior
to July 1, 1975.
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3. Gasoline delivery vehicles which exclusively service storage
containers which are exempt from the provisions of this rule.
4. Loading facilities exempt by Rule 412 and gasoline storage
tanks and delivery vehicles served from such loading faci-
lities.
d. A person shall not install any gasoline storage container with a
capacity of more than 250 gallons unless such container is equip-
ped as described in this rule.
e. For the purpose of this rule, the term "gasoline" is defined as
any petroleum distillate having a Reid vapor pressure of 4 pounds
or greater.
f. For the purpose of this rule, the term "submerged fill pipe" is
defined as any fill pipe the discharge opening of which is en-
tirely submerged when the liquid level is 6 inches above the bot-
tom of the container. "Submerged fill pipe" when applied to a
container which is loaded from the side is defined as any pipe the
discharge opening of which is entirely submerged when the liquid
level is 18 inches above the bottom of the container.
g. Vapor-return and/or vapor recovery systems used to comply with the
provisions of this rule shall comply with all safety, fire, weights
and measures, and other applicable codes and/or regulations.
h. The owner or operator of any stationary container which is subject
to this rule and which is installed on or after July 1, 1975, shall
comply with the provisions of this rule at the time of installation.
i. If any stationary storage container subject to this rule is in-
stalled or in the process of being installed prior to July 1, 1975,
the owner or operator of such container shall comply with the pro-
visions of this rule by July 1, 1976, and shall comply with the
following schedule:
1. By November 1, 1975 - Apply for an authority to construct
from the Air Pollution Control Officer for the installation
of the needed control system;
2. By January 1, 1976 - Submit to the Air Pollution Control Of-
ficer evidence that all necessary contracts for the design,
procurement, and installation of the required emission con-
trol system have been negotiated and signed, or evidence that
orders for the purchase of component parts necessary to ac-
complish the necessary emission control have been issued;
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3. By March 1, 1976 - Initiate on-site construction or instal-
lation of emission control equipment;
4. By June 1, 1976 - Complete on-site construction or instal-
lation of emission control equipment; and
5. By July 1, 1976 - Secure the Air Pollution Control Officer's
approval of all equipment and a permit to operate.
••{
(51.16) RULE 411.1- Gasoline Transfer into Vehicle Fuel Tanks
a. A person shall not transfer or permit the transfer of gasoline in-
to any motor vehicle fuel tank of greater than 5 gallons capacity
unless such transfer is made through a fill nozzle which:
1. Is designed and operated to prevent the discharge of gasoline
vapors to the atmosphere from the vehicle filler neck and the
fill nozzle.
2. Directs displaced hydrocarbon vapors through the fill nozzle
to a system that will prevent at least 90 percent by volume
of such hydrocarbon vapors from entering the atmosphere.
3. Prevents fuel tank overfills and spillage on fill nozzle dis-
connect.
b. If it is demonstrated that it is impractical to comply with the
provisions of this rule as a result of vehicle fill neck config-
uration, location, or other design features for vehicles in
existence or in production on July 1, 1976, the Air Pollution Con-
trol Officer may find and order that the provisions of this rule
shall not apply during the filling of such vehicles. In no case,
however, shall such configuration exempt any gasoline dispensing
facility from installing and using, in the most effective manner
practicable, control equipment required by this rule.
c. The provisions of Rule 411.1 shall not apply to the following:
1. The fueling of implements of husbandry, as such vehicles are
defined in Division 16 (Section 36000 et seq.) of the Cali-
fornia Vehicle Code;
2. The transfer of gasoline from any stationary storage container
having a capacity of 2,000 gallons or less which was installed
prior to July 1, 1975; or
3. The transfer of gasoline from any stationary container of a
capacity of 250 gallons or less.
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4. The transfer of gasoline from any stationary storage con-
tainers served from a loading facility exempted by Rule 412.
d. For the purpose of this rule, the term "gasoline" is defined as
any petroleum distillate having a Reid vapor pressure of 4 pounds
or greater.
e. Gasoline dispensing equipment used to comply with the provisions
of this rule shall comply with all applicable safety, fire,
weights and measures, and other applicable codes and/or regu-
lations.
f. Any gasoline dispensing system subject to this rule, installed on
or after July 1, 1975, shall comply with the provisions of this
rule at the time of installation.
g. Any gasoline dispensing system subject to this rule, installed or
in the process of being installed prior to July 1, 1975, shall
comply with the provisions of this rule by May 31, 1977, and the
owner or operator of such system shall comply with the following
schedule:
1. By November 1, 1975 - Apply for an authority to construct
from the Air Pollution Control Officer for the installation
of the needed control system;
2. By January 1, 1976 - Submit to the Air Pollution Control Of-
ficer evidence that all necessary contract for the design,
procurement, and installation of the required emissions con-
trol systems have been negotiated and signed, or evidence
that orders for the purchase of component parts necessary to
accomplish the necessary emission control have been issued;
3. By March 1, 1976 - Initiate on-site construction or instal-
lation of emission control equipment;
4. By May 1, 1977 - Complete on-site construction or instal-
lation of emission control equipment;
5 By May 31, 1977 - Secure the Air Pollution Officer's ap-
proval of all equipment and a permit to operate.
(51.16) RULE 412 Organic Liquid Loading
A person shall not load organic liquids having a vapor pressure of 1.5
pounds per square inch absolute or greater under actual loading con-
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ditions into any tank truck, trailer, or railroad tank car from any
loading .facility unless the loading facility is equipped with a vapor
collection and disposal system or its equivalent approved by the Air
Pollution Control Officer.
Loading shall be accomplished in such a manner that all displaced vapor
and air will be vented only to the vapor collection system. Measures
shall be taken to prevent liquid drainage from the loading device when
it is not in use or to accomplish complete drainage before the loading
device is disconnected.
The vapor disposal portion of the vapor collection and disposal system
shall consist of one of the following:
a. An absorber system or condensation system which processes all vapors
and recovers at least 90 percent by weight of the organic vapors and
gases from the equipment.being controlled.
b. A vapor handling system which directs all vapors to a fuel gas
system.
c. Other equipment of an efficiency equal to or greater than (a) or
(b) if approved by the Air Pollution Control Officer.
This rule shall apply only to the loading of organic liquids having a
vapor pressure of 1.5 pounds per square inch absolute or greater under
actual loading conditions at a facility from which at least 20,000 gal-
lons of such organic liquids are loaded in any one day.
"Loading Facility", for the purpose of this rule, shall mean any ag-
gregation or combination of organic liquid loading equipment which is
both (1) possessed by one person, and (2) located so that all the or-
ganic liquid loading outlets for such aggregation or combination of
loading equipment can be encompassed within any circle of 300 feet in
diameter.
(51.16) RULE 413 Effluent Oil Water Separators
A person shall not use any compartment of any vessel or device operated
for the recovery of oil from effluent water which recovers 200 gallons
a day or more of any petroleum products from any equipment which pro-
cesses, refines, stores, or handles hydrocarbons with a Reid vapor
pressure of 0.5 pounds or greater, unless such compartment is equipped
with one of the following vapor loss control devices, except when
gauging or sampling is taking place:
a. A solid cover with all openings sealed and totally enclosing the
liquid contents of that compartment.
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b. A floating pontoon or double-deck type cover, equipped with closure
seals, to enclose any space between the cover's edge and compart-
ment wall.
c. A vapor recovery system which reduces the emission of all hydro-
carbon vapors and gases into the atmosphere by at least 90 percent
by weight.
d. Other equipment of an efficiency equal to or greater than (a), (b),
or (c) if approved by the Air Pollution Control Officer.
This rule shall not apply to any oil-effluent water separator used ex-
clusively in conjunction with the production of crude oil, if the water
fraction of the oil-water effluent entering the separator contains less
than 5 parts per million hydrogen sulfide, organic sulfides, or a com-
bination thereof.
(51.21) RULE 414 Reduction of Animal Matter
A person shall not operate or use any article, machine, equipment or
other contrivance for the reduction of animal matter unless all gases,
vapors and gas-entrained effluents from such an article, machine, equip-
ment or other contrivance are:
a. -Incinerated at temperatures of not less than 1200 degrees Fahren-
heit for a period of not less than 0.3 seconds, or
b. Processed in such a manner determined by the Air Pollution Control
Officer to be equally, or more, effective for the purpose of air
pollution control than (a) above.
A person incinerating or processing gases, vapors or gas-entrained ef-
fluents pursuant to this rule shall provide, properly install and main-
tain in calibration, in good working order and in operation devices, as
specified in the authority to construct or permit to operate or as
specified by the Air Pollution Control Officer, for indicating tempera-
ture, pressure, or other operating conditions.
For the purpose of this rule, "reduction" is defined as any heated pro-
cess, including rendering, cooking, drying, dehydration, digesting,
evaporating and protein concentrating.
The provisions of this rule shall not apply to any article, machine,
equipment or other contrivance used exclusively for the processing of
food for human consumption.
(51.13) RULE 415 Open Burning
No person shall burn any refuse or other material in an open outdoor
fire within the boundaries of the Merced County Air Pollution Control
District.
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(2.0) RULE 416 Exceptions
The exceptions to the Open Burning Rule 415 are as follows:
a. When such fire is set or permission for such fire is given in the
performance of the official duty of any public officer, and such
fire in the opinion of such officer is necessary for the purpose
of the prevention of a fire or health hazard which cannot be
abated by any other means, or for the instruction of public or
industrial employees in methods of fire fighting.
b. Safety flares for the combustion of waste gases.
c. Fires used only for cooking of food for human beings or for re-
creational purposes.
d. When the material to be burned is residential rubbish and origi-
nates on and is being burned on premises not served by an or-
ganized solid waste disposal service, or available to a disposal
site.
e. Backfires or other fire control methods used for the purpose of
controlling an existing wild fire.
f. These exceptions shall not apply to any industrial, commercial or
institutional facility wherever located, or to a residential
facility constructed for the use of more than two families.
g. Subject to the restrictions and provisions of Rule 416.1 and upon
issuance of a permit from the Air Pollution Control District:
1. Maintenance of any ditch, irrigation canal or stream bank.
2. Clearance of right-of-way areas, refuse disposal sites, and
other premises of a public utility or public agency.
3. Disposal of dry native grass, weeds or other material on
small parcels not constituting an agricultural operation
which could not be reasonably abated by any other means.
(51.13) RULE 416.1 ' Agricultural Burning
Conducting agricultural operations in the growing of crops, or raising
of fowl, animals, or bees on a farm for the primary purpose of making
a profit or for a livelihood; forest management; or range improvement;
shall be subject to the following:
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a. General Definitions
1. Agricultural Burning
Means open outdoor fire used in agricultural operations in
the growing of crops or raising of fowl or animals, forest
management, or range improvement, including the burning of
agricultural wastes.
2. Agricultural Wastes
Are defined as unwanted or unstable materials produced
wholly from agricultural operations directly to the
growing of crops or the raising of animals for the primary
purpose of making a profit or for a livelihood; forest
management or range improvement. This also includes, for
the purpose of cultural practice burns, the burning of
fence rows and ditch banks for weed control and weed main-
tenance and burning in nontillage orchard operations and
paper raisin trays, but does not include such items as shop
wastes, demolition material, garbage, oil filters, tires,
broken boxes, pallets, and other similar material.
3. No-Burn Day
Means any day on which the Board prohibits agricultural
burning.
4. Burn Day
Means any day on which the Board does not prohibit agri-
cultural burning.
5. Board
Means the California State Air Resources Board or any person
authorized to act in its behalf.
6. County and Regional Authority
Includes County Air Pollution Control Districts, Regional Air
Pollution Control Districts, and unified Air Pollution Con-
trol Districts which may exist within the boundaries of the
San Joaquin Valley Air Basin.
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7. Approved Ignition Devices
Includes those instruments or materials that will ignite
agricultural waste without the production of black smoke by
the ignition device. This would include such items as
liquid petroleum gas, butane, propane, or diesel oil burners,
and flares, but does not include the use of tires, tar
paper, oil and other similar materials.
b. Prohibitions
1. No person knowingly shall set or permit agricultural burning
unless he has a valid permit from the fire control agency
designated by the local Air Pollution Control Board to issue
such permits in the area where the agricultural burn will
take place.
(a) Each fire control agency so designated by the Board
shall issue agricultural burning permits subject to
the Rules and Regulations of the Board and of the
County Air Pollution Control District.
2. Each applicant for a permit shall provide information as re-
quired by the designated fire protection agency for fire pro-
tection purposes.
3. Each applicant for a permit shall provide information as re-
quired by the Air Pollution Control District.
4. Prior to the burn, notice of intent shall be given by the
permittee to the fire control agency having jurisdiction
over the site of the proposed burn.
5. No permit shall be valid for any day during a period in
which agricultural burning is prohibited by the Board.
6. No permit shall be valid for any day in which burning is
prohibited by the designated fire control agency having
jurisdiction over the site of the burn for the purposes of
fire control or prevention.
7. All agricultural wastes to be burned must be free of tires,
rubbish, tar paper, construction debris, and all other non-
agricultural wastes.
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8. All agricultural wastes to be burned shall be loosely stacked
in such manner as to promote drying and insure combustion with
a minimum of smoke production. All agricultural wastes to be
burned shall be free of excessive dirt, soil, and visible sur-
face moisture.
9. All agricultural wastes to be burned shall be ignited only
with approved types of ignition devices as defined herein.
10. The following types of agricultural waste materials to be
burned shall be allowed to dry for the following minimum time
periods or equivalent:
(a) Rice Stubble: 4 days following harvest
(b) Dry Cereals: 0 days
(c) Prunings and Small Branches: 3 weeks
(d) Large Branches and Trees: 6 weeks
11. Materials to be burned shall be ignited only during daylight
hours, and all burning shall be terminated by sunset of each
day.- No material shall be added to an existing fire after
3:00 p.m., Local Time.
12. No burning of agricultural waste materials shall be permitted
which will create a nuisance as defined in Section 24243 of
the California State Health and Safety Code.
13. The Air Pollution Control Officer may restrict agricultural
waste burning to selected permittees on designated Burn Days
if the total tonnage to be ignited would discharge a volume of
contaminants into the atmosphere sufficient to cause adverse
conditions.
c. Exceptions
1. Exception to Rule 416.1 (b-5 and b-11). The Air Pollution
'Control Officer may grant an exception to allow burning on a
No-Burn Day so designated by the Board, and in certain situ-
ations to allow burning to continue past sunset of each day
when denial of such permit would threaten imminent and sub-
stantial economic loss.
The granting of an exception does not exempt the applicant
from any other district or fire control regulation. The ap-
plicant shall submit in writing, on the form provided, his
reasons for the exception. The Air Pollution Control Officer
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may seek the advice of the County Agricultural Commissioner,
the County Farm Advisor, or other informed sources.
2. Agricultural burning at 4,000 feet or more above sea level
is exempt from Rule 416.1 (b-5).
(51.9) RULE 417 Incinerator Burning
A person shall not burn in any incinerator within the Merced County Air
Pollution Control District except in a multiple-chamber incinerator as
described in Rule 102(s), or in equipment found by the Air Pollution
Control Officer to be equally effective for the purpose of air pollution
control as an approved multiple-chamber incinerator. The incinerator of
residential rubbish as permitted in Rule 416(d) shall be conducted in ac-
cordance with the Uniform Fire Code.
(50.7) RULE 418 Nuisance
A person shall not discharge from any source whatsoever such quantities
of air contaminants or other material which cause injury, detriment,
nuisance or annoyance to any considerable number of persons or to the
public or which endanger the comfort, repose, health or safety of any
such person or the public or which cause or have a natural tendency to
cause injury or damage to business or property.
(2.0) RULE 419 Exception
The provisions of Rule 418 do not apply to odors emanating from agri-
cultural operations in the growing of crops or raising of fowl or ani-
mals. '
(51.1) RULE 420 Orchard Heaters
a. Definition "Orchard Heater" means any article, machine, equipment,
or other contrivance burning any type of fuel, or charcoal bri-
quettes or similar substances burned by an open flame, capable of
being used for the purpose of giving protection from frost damage.
For the purpose of this rule, "Orchard Heater" shall include
heaters used for frost protection for orchards, vineyards, field
crops and truck crops. The contrivance commonly known as a wind
machine is not included.
b. No new orchard heater produced or manufactured shall be sold for
use against frost damage after January 1, 1971, unless it has been
approved by the State Air Resources Board.
c. No person shall use any orchard heater after January 1, 1973, unless
it has been approved by the State Air Resources Board or does not
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produce more than one gram per minute of unconsumed solid carbon-
aceous material.
d. It shall be unlawful to sell, or offer to sell for frost protection
any orchard heater which does not comply with Rule 420(c).
e. All orchard heaters shall be maintained in reasonably clean con-
dition, good repair and working order. Whenever orchard heaters
are burning, they must be adequately attended and supervised to
maintain the condition, adjustment and proper operation of the
orchard heaters.
f. It shall be unlawful for any person, for the purpose of frost pro-
tection, to burn any rubber, rubber tires, or other substance con-
taining rubber, or to burn oil or other combustible substances in
drums, pails, or other containers except orchard heaters.
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REGULATION V - PROCEDURE BEFORE THE HEARING BOARD
(3.0) RULE 501 Applicable Articles of the Health and Safety Code
The provisions of Article 5 and Article 6, Chapter 2, Division 20, of
the State of California Health and Safety Code, respectively entitled
Variances and Procedure.
(2.0) RULE 502 General
This regulation shall apply to all hearings before the Hearing Board of
the Air Pollution Control District.
(16.0) RULE 503 Filing Petitions
Requests for hearing shall be initiated by the filing of a petition in
triplicate with the clerk of the Hearing Board, and the payment of a
non-refundable fee of $25 provided for in Rule 305 of these rules and
regulations, after service of a copy of the petition has been made on
the Air Pollution Control Officer and one copy on the holder of the
permit or variance, if any, involved. Service may be made in person or
by mail and service may be proved by written acknowledgement of the
person served or by the affidavit of the person making the service.
(2.0) RULE 504 Contents of Petitions
Every petition shall state:
a. The name, address, and telephone number of the petitioner or other
person authorized to receive service of notices.
b. Whether the petitioner is an individual, co-partner, corporation,
or other entity; and names arid addresses of the partners if a co-
partnership, names and addresses of the officers if a corporation,
and the names and addresses of the persons in control if other
entity.
c. The type of business or activity involved in the application and
the street address at which it is conducted.
d. A brief description of the article, machine, equipment, or other
contrivance, if any, involved in the application.
e. The section or rule under which the petition is filed; that is,
whether petitioner desires a hearing:
1. To determine whether a permit shall be revoked or a suspended
permit reinstated under Section 24274 of the Health and
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Safety Code of the State of California.
3. To revoke or modify a variance under Section 24298 of the
Health and Safety Code of the State of California..
4. To review the denial or conditional granting of an authority
to construct or permit to operate under Rule 201 of these
rules and regulations.
f. Each petition shall be signed by the petitioner, or by some person
on his behalf, and where the person signing is not the petitioner,
it shall set forth his authority to sign.
g. Petitions for revocation of permits shall allege in addition the
rule under which permit was granted, the rule or section which is
alleged to have been violated, together with.a brief statement of
facts constituting such alleged violation.
h. Petitions for reinstatement of suspended permits shall allege in
addition the rule under which the permit was granted,.the request
and alleged refusal which formed the basis for such suspension,
together with a brief statement as to why information requested,
if any, was not furnished; whether such information is believed
by petitioner to be pertinent, and is so, when it will be furnished.
i All petitions shall be typewritten, double spaced, on legal or
letter size paper, on one side of the paper only, leaving a margin
of at least one inch at the top and left side of each sheet.
(5.0) RULE 505 Petitions for Variances
In addition to the matters required by Rule 504, petitions for variances
shall state briefly:
a. The section, rule, or order complained of.
b. The facts showing why compliance with the section, rule or order
is unreasonable.
c. For what period of time the variance is sought and why.
d. The damage or harm resulting, or which would result, to petitioner
from a compliance with such section, rulei or order.
e. The requirements which petitioner can meet and the date when petit-
ioner can comply with such requirements.
f. The advantages and disadvantages to the residents of the district
resulting from requiring compliance or resulting from granting a
variance.
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g. Whether or not operations under such variance, 1f granted, would
constitute nuisance.
h. Whether or not any case involving the same identical equipment or
process is pending in any court, civil or criminal.
i Whether or not the subject equipment or process is covered by a
permit to operate issued by the Air Pollution Control Officer.
(3.0) RULE 506 Appeal from Denial
A petition to review a denial or conditional approval of a permit shall,
in addition to the matters required by Rule 504, set forth a summary of
the application or a copy thereof and the alleged reasons for the denial
or conditional approval and reasons for appeal.
(2.0) RULE 507 Failure to Comply with Rules
. The clerk of the Hearing Board shall not accept for filing any petition
which does not comply with these rules relating to the form, filing, and
service of petitions unless the,chairman or any two members of the
Hearing Board direct otherwise and confirm such direction in writing.
Such direction 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 dis-
close clearly the issues involved.
(2.0) RULE 508 Answers
Any person may file an answer within 10 days after service. All answers
shall be served the same as petitions under Rule 503.
(2.0) Rule 509 Dismissal of Petition
The petitioner may dismiss his petition at any time before submission of
the case to the Hearing Board, without a hearing or meeting of the
Hearing Board. The clerk of the Hearing Board shall notify all inter-
ested persons of such dismissal.
(16.0) RULE 510 Place of Hearing
All hearings shall be held at a place designated by the Hearing Board.
(16.0) RULE 511 Notice of Hearing
The clerk of the Hearing Board shall mail or deliver a notice of hearing
to the petitioner, the Air Pollution Control Officer, the holder of the
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the permit or variance involved, if any, and to any person entitled to
notice under Sections 24275, 24295, or 24299 of the Health and Safety
Code.
(2.0) RULE 512 Evidence
a. Oral evidence shall be taken only on oath or affirmation.
b. Each party shall have these rights: (1) to call and examine wit-
nesses; (2) to introduce exhibits; (3) to cross-examine opposing
witnesses on any matter relevant to the issues even though that
matter was not covered in the direct examination; (4) to impeach
any witness regardless of which party first called him to tes-
tify; (5) and to rebut the evidence against him. If respondent
does not testify in his own behalf, he may be called and examined
as if under cross-examination.
c. The Hearing need not be conducted according to technical rules re-
lating to evidence and witnesses. Any relevant evidence shall be
admitted if it is the sort of evidence on which responsible per-
sons are accustomed to rely on in the conduct of serious affairs,
regardless of the existence of any common law or statutory rule
which might make improper the admission of such evidence over ob-
jection in civil actions. Hearsay evidency may be used for the
purpose of supplementing or explaining any direct evidence, but
shall be effective to the same extent that they are now or here-
after may be recognized in civil actions, and irrelevant and un-
duly repetitious evidence shall be excluded.
(2.0) RULE 513 Preliminary Matters
Preliminary matters such as setting a date for hearing, granting con-
tinuances, 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 without notice.
(2.0) RULE 514 Official Notice
The Hearing Board may take official notice of any matter which may be
judicially noticed by the courts of this State.
(2.0) RULE 515 Continuances
The chairman or any two members of the Hearing Board shall grant any
continuance of 15 days or less, concurred in by petitioner, the Air
Pollution Control Officer and by every person who has filed an answer
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In the action and may grant any reasonable continuance; in either case,
such action may be exparte, without a meeting of the Hearing Board and
without prior notice.
(2.0) RULE 516 Decision
The decision shall be in writing, served and filed within 15 days after
submission of the cause by the parties thereto and shall contain a brief
statement of facts found to be true, the determination of the issues
presented and the order of the Hearing Board. A copy shall be mailed or
delivered to the Air Pollution Control Officer, the petitioner, and to
every person who has filed an answer or who has appeared as a party in
person or by counsel at the hearing.
(2.0) RULE 517 Effective Date of Decision
The decision shall become effective 15 days after delivering or mailing
a copy of the decision, as provided in Rule 516 or the Hearing Board
may order that the decision shall become effective sooner.
(3.0) RULE 518 - Lack of Permit
The Hearing Board shall not receive or accept a petition for a variance
for the operation or use of any equipment until a permit has been granted
or denied by the Air Pollution Control Officer; except that an appeal
from a denial of a permit and a petition for a variance may be filed with
the Hearing Board in a single petition. A variance granted by the Hearing
Board after a denial of a permit by the Air Pollution Control Officer may
include a permit for the duration of the variance.
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