U.S. DEPARTMENT OF COMMERCE
                                 National Technical Information Service
                                 PB-296 678
Air Pollution  Regulations in
State  Implementation  Plans
California,  Modoc County

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

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&EPA
             United States
             Environmental Protection
             Agency
            Office of Air Quality
            Planning and Standards
            Research Triangle Park NC 27711
EPA-450/3-78-054-21
August 1978
             Air
Air Pollution Regulations
in  State Implementation
Plans:
California         ;
Modoc County
                    NATIONAL TECHNICAL J
                   \ 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-450/3-78-054-21
                             2.
                                                           3. R
                                                                           ! ON-
4. TITLE AND SUBTITLE
 Air Pollution Regulations in State Implementation i
 Plans:  California   Modoc  County
             6. REPORT DATE
               August 1978
             6. PERFORMING ORGANIZATION CODE
7. AUTHOR(S)
                                                           8. PERFORMING ORGANIZATION REPORT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
  Maiden 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.IDENTIFIERS/OPEN ENDED TERMS  C. COSATI Field/Group
  Air pollution
  •Federal Regulations
  Pollution
  State Implementation  Plans
18. DISTRIBUTION STATEMENT

  RELEASE UNLIMITED
19. SECURITY CLASS (This Re port I

   Unclassified	
                                              20. SECURITY CLASS (This.page)

                                                Unclassified
                                                                         22. PRICE
                             A
EPA Form 2220-1 (9-73)
                                             1

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                               EPA-450/3-78-054-21
    Air Pollution Regulations
in  State Implementation  Plans

                  California
             !  Modoc County
                        by

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

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

                     August 1978

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This report is issued by the Environmental Protection Agency to
report air pollution regulations of interest to a limited number of
readers.  Copies are available, for a fee, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
This report was furnished to the Environmental Protection Agency by
Walden Division of Abcor, Inc., Wilmington, Mass. 01887, in fulfillment
of Contract No. 68-02-2890.  The contents of this report are reproduced
herein as received from Walden Division of Abcor,  Inc. The opinions,
findings, and conclusions expressed are those of the author and not
necessarily those of the Environmental Protection Agency. Mention of
company or product names is not to be considered as an endorsement
by the Environmental Protection Agency.
                    Publication No. EPA-450/3-78-054-21
                                  11

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

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

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

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to the SIP and the date of the Federal Register in which the revision
was either approved or disapproved by EPA.  Finally, a brief description
or reference of the regulation which was submitted is also included.

     This document is not intended to provide a tool for determining
the enforceability of any given regulation.  As stated above, it is
intended to provide a comprehensive compilation of those regulations
which ara incorporated directly or by reference into Title 40, Part 52,
of the Code of Federal Regulations.  Consequently, the exclusion of a
Federally approved regulation from this document does not diminish the
enforceability of the regulation.  Similarly, the inclusion of a given
regulation (for example, regulations governing pollutants, such as odors,
for which there is no national ambient air quality standards) in this
document does not, in itself, render the regulation enforceable.
                                   iv

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                         SUMMARY SHEET OF
                  EPA APPROVED REGULATION CHANGES
                         MODOC COUNTY APCD

Submittal                     Approval                Description
 6/30/72                      9/22/72                 All Regs, unless
                                                      otherwise specified
 7/25/73                      8/22/77                 Rule 3.10a, Reg. V
                                                      Rule 5.1 - 5.7

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

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       50.2   SULFUR COMPOUNDS
       50.3   NITRIC OXIDES
       50.4   HYDROCARBONS
       50.5   CARBON MONOXIDE
       50.6   ODOROUS POLLUTANTS
       50.7   OTHERS (Pb, Hg, etc.)
51.0   SOURCE CATEGORY SPECIFIC REGULATIONS
       51.1   AGRICULTURAL PROCESSES (Includes Grain Handling, Orchard Heaters,
              Rice and Soybean Facilities, Related Topics)
       51.2   COAL OPERATIONS (includes Cleaning, Preparation, Coal Refuse
              Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
       51.3   CONSTRUCTION (includes Cement Plants, Materials Handling, Topics
              Related to Construction Industry)
       51.4   FERROUS FOUNDRIES (includes Blast Furnaces, Related Topics)
       51.5   FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Particulates
              (includes Fuel Content and Other Related Topics)
       51.6   FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (includes
              Fuel Content and Other Related Topics)
       51.7   FUEL BURNING EQUIPMENT (oil, natural gas, coal) - N02 (includes
              Fuel Content and Other Related Topics)
       51.8   HOT MIX ASPHALT PLANTS
       51.9   INCINERATION
       51.10  NITRIC ACID PLANTS
       51.11  NON-FERROUS SMELTERS (Zn, Cu, etc.) - Sulfur Dioxide
       51.12  NUCLEAR ENERGY FACILITIES (includes Related Topic)
       51.13  OPEN BURNING (includes Forest Management, Forest Fire, Fire
              Fighting Practice, Agricultural Burning and Related Topics)
       51.14  PAPER PULP; WOOD PULP AND KRAFT MILLS (includes Related Topics)
       51.15  PETROLEUM REFINERIES
       51.16  PETROLEUM STORAGE (includes Loading, Unloading, Handling and
              Related Topics)
       51.17  SECONDARY METAL OPERATIONS (includes Aluminum, Steel and Related
              Topics)
       51.18  SULFURIC ACID PLANTS
       51.19  SULFURIC RECOVERY OPERATIONS
       51.20  WOOD WASTE BURNERS
       51.21  MISCELLANEOUS TOPICS
                                        vii

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TABLE OF CONTENTS
Revised Standard
Subject Index
(2.0)
(1.0)
(2.0)
(15.0)
(15.0)
(2.0)
(3.0)
(3.0)
(3.0)
(2.0)
(3.0)
(3.0)
(3.0)
(9.0)
(3.0)
(2.0)
(3.0)
(2.0)
MODOC COUNTY
Rule Number
Rule 1:1
1:2
1:3
1:4
1:5
1:6
2:0
2:1
2:2
2:3
2:4
2:5
2:6
2:7
2:8
2:9
2:10
2:11
REGULATIONS
Title
Title
Definitions
Air Pollution Data
Enforcement
Order for Abatement
General Provisions
Permits Required
Sources Not Requiring
Permits
Time to Obtain Permit
to Operate
Transfer
Applications
Cancellation of
Applications
Action on Applications
Provision of Sampling
and Testing Facilities
Standards for Granting
Applications
Conditional Approval
Denial of Applications
Further Information
Page
Number
1
1
3
4
4
4
5
6
7
7
7
7
7
8
8
9
9
9
             vi ii

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Revised Standard
  Subject Index
     (3.0)
     (2.0)
     (50.1.2)
     (50.1.2)
     (50.7)
     (50.1)
     (50.0)
     (50.6)

     (2.0)
     (2.0)
     (2.0)
     (51.13)
     (2.0)
     (2.0)
     (50.2)
     (50.1.1)

     (2.0)
     (2.0)
     (51.16)
     (51.1)
Rule Number
Rule 2:12
2:13
3:0
3:1
3:2
3:3
3:4
3:4A
-
3:5
3:6
3:7
3:8
3:9
3:10
3:12
3:13
3:14
3:16
3:17
Page
Ti tl e Number
Applications Deemed
Denied
Appeals
Ringelmann Chart
Wet Plumes
Nuisance
. Parti cul ate Matter
Specific Air Contaminants
Reduction of Odorous
Matter
Circumvention
Exceptions
Additional Exception
Open Burning
Exceptions
-
Sulfur Contents of Fuels
Solid Parti cul ate Matter-
Weight
Separation of Emissions
Combination of Emissions
Gasoline Storage
Orchard and Citrus
9
9
10
10
10
10
10
11
11
12
12
12
12
14
14
14
17
17
17

                                      Heaters                      18

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Revised Standard                                                Page
  Subject Index       Rule Number            T1tle               Number
     (2.0)            Rule 4:1         Applicable Articles of
                                      the Health and Safety Code   19
     (2.0)                 4:2,       General                      19
     (2.0)                 4:3  '       Filing Petitions       .      19
                               i
     (2.0)                 4:4  '       Contents of Petitions        19
     (5.0)                 4:5         Petitions  for Variances      20
     (2.0)                 4:6         Failure to Comply with
                                      Rules                        20
     (2.0)                 4:7         Answers                      20
     (2.0)                 4:8         Dismissal  of Petition        21
     (16.0)                4:9         Place of Hearing             21
     (16.0)             '4:10       Notice of Hearing            21
     (2.0)                 4:11       Evidence                     21
     (13.0)                4:12       Record of Proceedings        21
     (2.0)                 4:13       Preliminary Matters          22
     (2.0)                 4:14       Official Notice              22
     (2.0)                 4:15       Continuances                 22
     (16.0)                4:16       Hearing and Decision         22
     (2.0)                 4:17       Effective Date of
                                      Decision                     23
     (15.0)                5:1         Enforcement                  24
     (3.0)(51.13)          5:2         Burning Permits              24
     (1.0)                 5:3         Definitions                  24

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Revised Standard                                                Page
  Subject Index       Rule Number            Title               Number
     (51.13)          Rule 5:4         Notification of
                                       Burning Conditions          25
     (2.0)                 5:5         Exceptions                  26
     (15.0)                5:6         Enforcement                 27
     (2.0)                 5:7         Prohibitions-
                                       General                     28
                                        xi

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                    RULES  AND  REGULATIONS - AIR POLLUTION CONTROL

                                    MODOC COUNTY


                          REGULATION I  - GENERAL  PROVISIONS


(2.0)     Rule 1:1  -Title.

         These rules and regulations shall  be known  as  the Rules and  Regulations
         of the Modoc County Air Pollution  Control District.

(1.0)     Rule 1:2  - Definitions.

         Except as otherwise specifically provided in these  rules  and,  except
         where the.context otherwise indicates, words used in  these rules  are  used
         in exactly the same sense as the same words are used  in the  Health  and
         Safety Code.

         (a)  Agriculture Burning.  "Agricultural Burning" means open outdoor
              fires used in agricultural operations  in  the growing of crops  or
              raising of fowls or animals,  forest management or range improvement.

         (b)  Air Contaminant.  "Air Contaminant" includes smoke,  charred  paper,
              dust, soot, grime, carbon, aerosols, noxious acids,  fumes, gases,
              odors, or particulate matter, or any combination thereof.

         (c)  Atmosphere.  "Atmosphere" means the air that envelopes  or surrounds
              the earth.

         (d)  Board.  "Board"  means the Air Pollution Control  Board of the Modoc
              County Air Pollution Control  District, which  is  the  Board of
              Supervisors.

         (e)  Combustible Waste.  "Combustible Waste"  is any solid or liquid com-
              bustible waste material containing  carbon in a free  or  combined
              state.

         (f)  Combustion Contaminants.  "Combustion  Contaminants"  are particulate
              matter discharged into the  atmosphere  from the burning  of any kind
              of material containing carbon in a  free or combined  state.

         (h)  Control Officer.  "Control  Officer" means the  Air Pollution  Control
              Officer of the Modoc County Air Pollution Control District.

         (i)  District.  "District" is the Modoc  County Air  Pollution Control
              District.

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(j)   Process Weight Rate.   "Process  Weight"  is  the  totaV weight,
     including contained moisture, of all  materials introduced  into any
     specific process which may cause the  emission  of any  pollutants  into
     the atmosphere.   Solid fuels will  be  considered to  be part of the
     process weight,  but liquid and  gaseous  fuels and combustion air
     will  not.  The process weight 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.

(k)   Hearing Board.  "Hearing Board" means  the Hearing  Board of the
     Modoc County Air Pollution Control  District.

(1)   Incinerator.  "Incinerator" means any furnace  or similar enclosed
     fire chamber, with or without a draft control, used for burning
     refuse or other waste material.

(m)   Institutional Facility.  "Institutional Facility" means any hospital,
     boarding home, school, corporation yard, or like facility.

(n)   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, con-
     sisting of three or more refractory lined  chambers  in series,
     physically separated  by refractory walls,  interconnected by gas
     passage ports or ducts, and employing adequate design parameters
     necessary for maximum combustion of the material to be burned.   The
     refractories shall have a pyrometric  cone  equivalent  of at least 17,
     tested according to the method  described in the American Society for
     Testing Materials, method C-24.

(o)   Open Outdoor Fire. "Open Outdoor Fire" as used in  this regulation
     means complete or partial burning or  smoldering of  any combustible
     refuse or other material of any type  directly  exposed to the atmos-
     phere, whether or not enclosed  in a fire proof container,  where  the
     products of combustion are not  channeled through a  flue.

(p)   Participate Matter.  "Particulate Matter"  is any material, except
     uncombined water, which exists  in a finely divided  form as a liquid
     or solid at standard  conditions.

(q)   Person.  "Person" means any person, firm,  association, organization,
     partnership, business trust,  corporation,  company,  contractor,  sup-^
     plier, installer, user or owner, or any state  or  local governmental
     agency or public district or  any officer or employee  thereof.

(r)   Process Weight Per Hour.  "Process Weight" is  the  total weight  of
     all materials introduced into  any specific process  which  process
     may cause any discharge into  the atmosphere.   Solid fuels  charged
                                      -2-

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            will be considered as part of the process weight but liquid and
            gaseous fuels and combustion air will not.  "The Process Weight Per
            Hour" will be derived by dividing the total process weight by the
            number of  hours  in one complete operation from the beginning of any
            given process to the completion thereof, excluding any time during
            which the  equipment is idle.

        (s)  Regulation.  "Regulation" means one of the major sub-divisions of
            Rules of the Modoc County Air Pollution Control District.

        (t)  Residential Rubbish.  "Residential Rubbish" means refuse originating
            from residential uses and includes wood, paper, cloth, cardboard,
            tree trimmings,  leaves, lawn clippings, and dry plants.

        (_u)  Rule.  "Rule" means a rule of the Modoc County Air Pollution Control
            District,

        (v)  Section.   "Section" means section of the Health and Safety Code of
            the State  of California unless some other statute is specifically
            mentioned.

        (w)  Standard Conditions.  As used in these regulations, "Standard
            Conditions" are  a gas temperature of 60 degrees Fahrenheit and a
            gas  pressure of  14.7 pounds per square inch absolute.  Results of
            all analyses and tests shall be calculated and reported at this gas
            temperature and  pressure.

        (x)  Variance.   "Variance" means an authorization  by the Hearing Board to
            permit some act  contrary to the requirements  specified by these rules
            and  regulations.

        (y)  Shall and  May.   When used in these  Rules and  Regulations, "Shall" is
            mandatory, "May" is permissive.

(2.0)    Rule 1;3  - Air  Pollution Data.

        (a)  All  information, analyses,  plans, or specifications that disclose
            the  nature, extent, quantity, or degree of air contaminants which
            any  article, machine, equipment or  other contrivance will produce,
            which any  air  pollution control district requires any applicant to
            provide  before  such applicant builds,  erects, alters, replaces,
            operates,  sells, rents, or  uses such article, machine, equipment, or
            other contrivance,  are public records.

        (b)  All  air  monitoring  data, including  data compiled from stationary
            sources,  are public records.
                                             -3-

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(15.0)    Rule 1:4 - Enforcement.

         These rules and regulations  shall  be enforced  by  the  Control Officer  pur-
         suant to all  applicable  law.   The  pursuit of any  one  such  remedy  shall not
         be deemed an  election of remedies.   All  available remedies may  be pursued
         individually, collectively concurrently, or consecutively, at the option
         of the Control  Officer.

(15.0)    Rule 1:5 - Order for Abatement.

         The Air Pollution Control Board  can forthwith  on  the  petition of  the
         Control Officer, and may, by resolution, upon  the petition of any other
         interested person, notice a  hearing to determine  the  existence  of any
         alleged violation of any statute,  rule,  or regulation prohibiting or
         limiting the discharge of air contaminants into the atmosphere.  Notice
         of such hearing shall be served, and shall include the nature of  the
         alleged violation, the time  and  place of the hearing  and shall  inform the
         alleged violator that he has the right to counsel at  the proceeding,  the
         right to compel the attendances  of the witnesses  on his behalf, the right
         to cross-examine witnesses,  and  the right to procure  a court reporter to
         record and/or transcribe the proceedings, all  at  his  own expense.  All
         such petitions shall be  acted upon by the Hearing Board within  thirty (30)
         days of receipt of same.  Hearing  shall  be set no sooner than thirty  (30)
         days and no later than sixty (60)  days from the service of such notice
         whenever the Hearing Board finds that any person  is in violation  of any
         such statute, rule or regulation,  the Air Pollution Control  Board may
         issue its order of abatement.

(2.0)    Rule 1:6 - General Provisions.

         These Rules and Regulations  shall  become effective on January 17, 1972,
         Future amendments to these Rules and Regulations  shall take  effect on the
         dates specified therein  or as specified in the order  by which they are
         adopted.
                                              -4-

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                               REGULATION  II  -  PERMITS


(3.0)     Rule 2:0 - Permits Required.

         (a)   Authority to Construct.   Any person  building, erecting, altering or
              replacing any article, machine, equipment  or other  contrivance, the
              use of which may cause the issuance  of  air contaminants or the use
              of which may eliminate or reduce  or  control the  issuance of air 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  article, machine, equipment or other
              contrivance described in Rule 2.0 (a) may  be operated or used, a
              written permit shall be  obtained  from the  Air Pollution Control
              Officer.  No permit to operate  or use shall be granted either by the
              Air Pollution Control Officer or  the Hearing Board  for any in Rule
              2:0 (a), constructed or  installed with  authorization  as required by
              Rule 2:0 (a), until the  information  required is  presented .to the Air
              Pollution Control Officer and such article, machine,  equipment or
              contrivance is altered,  if necessary, and  made to conform to the
              standards set forth in  Rule 2:8 and  elsewhere  in these Rules and
              Regulations.

         (c)   Posting of Permit to' Operate.  A  person who has  been  granted under
              Rule 2:0 a Permit to Operate any  article,  machine,  equipment, or
              other contrivance described in  Rule  2:0 (b), shall  firmly affix such
              Permit to Operate, an approved  facsimile,  or other  approved  identi-
              fication bearing the permit number upon the article,  machine, equip-
              ment, or other contrivance in such a manner as to be  clearly visible
              and accessible.  In the  event that the  article,  machine, equipment,
              or other contrivance is  so constructed  or  operated  that  the  Permit
              to Operate cannot be so  placed, the  Permit to  Operate shall  be moun-
              ted so as to be clearly visible in an accessible place with  25 feet
              of the article, machine, equipment or other contrivance, or  main-
              tained readily available at all times on the operating premises.

         (d)   Alternation of Permit.   A person  shall  not willful.ly deface, alter
              forge, counterfeit, or falsify  a  Permit to Operate  posted  on  any
              article, machine, equipment or  other contrivance.  Violation of
              Rule 2:0  (e) is a misdemeanor pursuant  to  the  provisions  of  Section
              24281 of the Health and  Safety  Code  of  the State of California.

         (e)   A Permit to Operate shall be obtained by existing industries within
              ninety (90) days of adoption of these Rules and  Regulations.
                                               -5-

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(3.0)     Rule 2:1  - Sources Not Requiring Permits.

         An Authority to Construct or a Permit to Operate shall  not be  required  for
         the sources hereinafter set out, provided,  however,  said sources  shall
         comply with all other applicable District Rules  and  Regulations.

         (a)  Vehicles as defined by the Vehicle Code of  the  State of California
              but  not including any article,  machine, equipment, or other  contri-
              vance 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 is designed for and used  exclusively  as a dwelling  for not
              more than four (4) families.

         (d)  The  following equipment:

              1.  Comfort air conditioning or comfort ventilating systems  which
                  are not designed to remove a'ir 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.  Equipment used exclusively for steam cleaning.

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

              6.  Equipment used exclusively for space heating other than  boilers.

              7.  All sheet-fed printing presses and all  other printing presses
                  without dryers.

              8.  Ovens used exclusively for the curing of plastics which  are con-
                  currently being vacuum held to a mold or for the softening.or
                  annealing of plastics.

              9.  Batch mixers of five cubic feet  rated working capacity or less.

             10.  Ovens used exclusively for the curing of vinyl plastisols by the
                  closed mold curing process.

             11.  Brazing, soldering or welding equipment.

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            12.   Laundry and dry cleaning  equipment  used  for cleaning fabrics.

            13.   Ovens used exclusively  for  curing potting materials or castings
                 made with epoxy resins.

            14.   Equipment used for compression  molding and injection molding of
                 plastics.

(3.0)    Rule 2:2 - Time to Obtain Permit to  Operate.
(2.0)   Rule 2:3 -Transfer.

        An Authority to Construct or a Permit to Operate 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 2:4 - Applications.

        Every application for an Authority to Construct or a Permit to Operate  as
        required under Rule 2:0 shall  be filed in the manner and form  prescribed
        by the Air Pollution  Control Officer, and shall give all the information
        necessary to enable the Air Pollution Control Officer to make  the deter-
        mination required by  Rule 2:8 hereof.

(3.0)   Rule 2:5 - Cancellation of Applications.

        (a)  An Authority to  Construct shall expire and the application shall be
             cancelled two (2) years from the date of issuance of the  Authority
             to Construct.

        (b)  An application for Permit to Operate existing equipment shall be can-
             celled two (2) years from the date of filing of the application.

(3.0)   Rule 2:6 - Action on  Applications.

        The Air Pollution Control Officer shall act, within a reasonable time,  on
        an application for Authority to Construct, or Permit to Operate and shall
        notify the applicant in writing of his approval, conditional approval or
        denial.
                                             -7-

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(9.0)   Rule 2:7 - Provision of Sampling  and Testing  Facilities.

        A person operating or using any article, machine, equipment or other con-
        trivance for which these rules  require a permit shall provide and main-
        tain such sampling and testing  facilities  as  specified in the Authority
        to Construct or Permit to Operate.

(3.0)   Rule 2:8 - Standards for Granting Applications.

        (a)  The Air Pollution Control  Officer shall  deny an Authority to Construct,
             or Permit to Operate except  as provided  in Rule 2:9, if the applicant
             does not show that every article, machine, equipment or other contri-
             vance, 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 contaminants, is so designed, controlled, or equipped with such
             air pollution control  equipment, that it may be expected to operate
             without emitting or without  causing to be emitted air contaminants
             in violation of Section 24242 or 24243,  Health and Safety Code, or
             of these Rules and Regulations.

        (b)  Before an Authority to Construct or a-Permit to Operate is granted,
             the Air Pollution Control  Officer may require the applicant to pro-
             vide 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 article, machine, equipment or other
             contrivance described in the Authority to Construct or Permit to
             Operate.  In the event of  such a requirement, the Air Pollution
             Control Officer shall  notify the applicant  in writing of the required
             size, number and location  of sampling holes; the size and location
             of the sampling platform;  the access  to  the sampling platform; and
             the utilities for operating  the sampling and testing equipment.  The
             platform and access shall  be constructed in accordance with the
             General Industry Safety Order of the State of California.

        (c)  In acting upon a Permit to Operate,  if the  Air  Pollution Control
             Officer finds that the articles, machine, equipment or other contri-
             vance has been constructed not  in accordance with the Authority  to
             Construct, he shall deny the Permit  to Operate.  The Air Pollution
             Control Officer shall not  accept  any  further application for Permit
             to Operate the article, machine,  equipment  or other contrivance  so
             constructed until he finds that  the  article, machine equipment or
             other contrivance has been reconstructed in accordance with  the
             Authority to Construct.

        (d)  The granting of a permit does  not  exempt the  holder  from present and
             future regulations of the Air  Pollution Control  District.
                                             -8-

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(2.0)    Rule 2:9 -  Conditional  Approval.

        (a)   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 article, machine, equipment or other contrivance
             within the standards  of  Rule  2:8 in which case 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
             article, machine,  equipment .or other contrivance can operate within,
             the standards of Rule 2:8 under  the revised conditions.             ;
                                                                                i
(3.0)    Rule 2:10 - Denial of Applications.

        In the event of denial  of  an  Authority to Construct or Permit to Operate
        the Air Pollution Control  Officer  shall notify the applicant in writing
        of the reasons therefor.  Service  of  the notification may be made in
        person or by mail, and  such service may be  proved by the written acknow-
        ledgement of the persons served or affidavit of the person making the
        service.  The Air Pollution Control Officer shall not accept a further
        application unless the  applicant  has  complied with objections specified
        by the Air Pollution Control  Officer  as his reasons for denial of the
        Authority to Construct, or the Permit to Operate.

(2.0)    Rule 2:11 - Further Information.

        Before acting on an application  for Authority to Construct or Permit  to
        Operate the Air Pollution  Control  Officer may require the applicant to
        furnish further information or further  plans and specifications.

(3.0)    Rule 2:12 - Applications Deemed  Denied.

        The applicant may at his option  deem  the Authority  to Construct  or  the
        Permit to Operate denied if the  Air Pollution Control Officer fails to act
        on the application within  thirty (30) days  after filing,  or  within  (30)
        days after applicant furnishes the further  information, plans and  speci-
        fications requested by the Air Pollution  Control Officer, whichever is
        later.

(2.0)    Rule 2:13 - Appeals.

        Within ten (10) days after notice, by the Air Pollution Control  Officer,
        of denial or conditional approval  of  an Authority  to  Construct  or  a
        Permit to Operate the applicant  may petition the Hearing  Board,  in  writing,
        for a public hearing.  The Hearing Board, after notice  and  a public hearing
        held within thirty (30) days  after filing  the  petition, may  sustain,
        reverse or modify the action  of  the Air Pollution  Control Officer;  such
        order may be made subject to  specified  conditions.
                                               -9-

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                           REGULATION  III  -  PROHIBITIONS


(50.1.2)  Rule 3:0 - Ringelmanh  Chart.

         A person shall  not discharge  into the atmosphere from any single source
         of emission whatsoever any  air  contaminant  for a period or periods
         aggregating more than  three minutes in  any  one hour which is:

         (a)  As dark or darker in shade as  that designated as No. 2 on the
              Ringelmann Chart, as published fay  the  United States Bureau of Mines,
              or

         (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.  (Section 24242)

(50.1.2)  Rule 3:1 - Wet  Plumes.

         Where the presence of  uncombined  water  is the only reason for the failure
         of an emission  to meet the  limitations  of Rule 3:0, that rule shall  not
         apply.  The burden of  proof which establishes the application of this
         Rule 3:1 shall  be upon the  person seeking to  come within its provisions.

(50.7)   Rule 3:2 - Nuisance.

         A person shall  not discharge  from any source  whatsoever such quantities
         of air contaminants or other  materials  which  cause injury, detriment,
         nuisance or annoyance  to any  considerable number of persons or to the
         public or which endanger the  comfort, repose, health or safety of any
         such persons or the public  or which cause or  have a natural tendency to
         cause injury or damage to business  or property.   (Section 24243)

(50.1)   Rule 3:3 - Particulate Matter.

         A person shall  not discharge  from any single  source whatsoever particulate
         matter in excess of 0.3 grain per cubic foot  of gas at standard conditions
         over a period of one hour.

(50.0)   Rule 3:4 - Specific Air Contaminants.

         No person shall discharge  from  any  single  source whatsoever any one  or
         more of the following  contaminants  in any  state or combination thereof,
         exceeding in concentration  at the point of discharge:

         (a)  Sulphur Compounds calculated as sulphur  dioxide:  0.2  per cent  by
              volume.

         (b)  Combustion contaminants:  0.3  grain per  cubic  foot of gas calculated
              to 12 per cent of carbon dioxide  at standard  conditions.   In measuring
                                              -10-

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              the  combustion  contaminants from  incinerators used to dispose of com-
              bustible  refuse by  burning, the carbon dioxide produced by combustion
              of any liquid or gaseous  fuels shall be excluded from the calculation
              to 12 per cent  of carbon  dioxide.

(50.6)    Rule 3:4A - Reduction of Odorous Matter.

         A person  shall not operate  or  use  any  article, machine, equipment or other
         contrivance for the  reduction  of animal matter, agricultural materials,
         etc., unless all  gases,  vapors and gas-entrained effluents which contain
         odorous material  are:

         (a)  Incinerated at  temperatures of not less than 1200 degrees Fahrenheit
              for  a period of not less  than 0.3 seconds, or

         (b)  Processed in such a manner determined by the Air Pollution Control
              Officer to be equally, or more, effective for the purpose of air
              pollution control than (a) above.

         A person  incinerating or processing gases, vapors or gas-entrained efflu-
         ents pursuant  to this Rule  shall provide, properly install and maintain
         in calibration, in good  working order  and in operation devices, as speci-
         fied in the Authority to Construct or  Permit to Operate or as specified
         by the Air Pollution Control Officer,  for indicating temperature, pressure
         or other  operating conditions.

         For the purpose of this  Rule,  "reduction" is defined as any  heated process,
         including rendering, cooking,  drying,  dehydration, digesting, evaporating
         and protein concentrating.

         The provisions of this Rule shall  not  apply  to any article,  machine, equip-
         ment or other contrivance used exclusively for the processing of food  for
         human consumption.

         This rule shall become effective on January  1, 1974  for all  sources which
         are either in  operation, or under  construction under a valid authority to
         construct on May 17, 1972.   This rule  shall  be effective  for all other
         sources on May 17,  1972.

(2.0)                Circumvention.

         A person  shall not  install  or  use  any  equipment,  the use  of  which without
         resulting in a reduction of air contaminants  released  to  the atmosphere,
         dilutes,  alters, or  conceals an emission which would otherwise  constitute
         a violation of the  Health and  Safety Code of the  State of California
         or of the rules and  regulations of any air  pollution control district.
         This rule shall not  apply to cases in  which  the  nature of the violation
         involved is that of  a nuisance.
                                              -11-

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(2.0)     Rule 3:5 - Exceptions.

         Rules 3:0, 3:2,  do not  apply to:

         (a)   Fire set by or permitted by  a  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:

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

              21   The instruction of public  employees in  the methods of  fighting
               '   fire.

         (b)   Fires set pursuant to permit on  property  used for industrial purposes
              for the purpose of instruction of  employees in methods of  fighting
              fire.

         (c)   Agricultural operations in the growing of crops  or raising of  fowls
              or animals, or

         (d)   The use of other equipment in  agricultural  operations in the growing
              of crops,  or raising of fowls, or  animals.

(2.0)     Rule 3:6 - Additional Exception.

         The  provisions of Rule  3:2, relating  to odors, do  not apply to  odors
         emanating from agricultural operations  in  the  growing of crops  of raising
         of fowls or animals.  (Section 24251.1)

(51.13)  Rule 3:7 - Open  Burning.

         No person, firm, corporation, association  or public agency shall ignite,
         cause to be ignited, permit to be ignited, or  suffer, allow, or maintain
         any  open outdoor fire within the  District, except  as  provided in this
         Regulation.

(2.0)     Rule 3:8 -Exceptions.

         The  following fires are excepted  from the  provisions  of Rule 3:7.

         (a)   Fires used only for cooking  of food  for human beings  or for recrea-
              tional purposes.

         (b)   Fires for disposal of household  rubbish originating at one and two
              family dwellings which fires are maintained by the occupant of the
              dwelling at the dwelling.
                                              -12-

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(c)  Any fire set or permitted by any public  officer,  in  the performance
     of official  duty,  if such fire is set or permission  given for the
     purpose of weed abatement, the prevention of  a  fire  hazard,  including
     the disposal of dangerous materials  where there is no  safe alternate
     method of disposal,  or in the instruction of  public  employees in the
     methods of fighting fires, which fire is, in  the opinion  of  such
     official, necessary.

(d)  Fires set for the  purpose of instruction of industrial employees in
     the methods of fighting fire, provided prior  permission has  been
     granted by a public officer in the performance  of official duty and
     by the Air Pollution Control Officer.

(e)  An agricultural fire set by or permitted by the County Agricultural
     Commissioner of the County, if such  fire is set or permission given
     in the performance of the official duty of such County Agricultural
     Commissioner for the purpose of disease and pest prevention.

(f)  Safety flares for the combustion of waste gases.

(g)  Agricultural fires necessary to maintain and  continue  an  agricultural
     operation set or permitted by a fire offical  having  jurisdiction  in
     the performance of official duty for the purpose of:

     1.  Control and disposal of agricultural wastes.

     2.  Stubble and brush control.

     3.  The improvement and control of water sheds.

(h)  Fires set for the purpose of disposal of waste materials  created  as
     an incidence to the clearance and development of land  for road  or
     right of way purposes by a public entity or utility, provided that
     such fires shall be burned only after approval  by a  fire  official
     having jurisdiction in the performance of official  duty and  the
     Air Pollution Control Officer.

(i)  Except in case of emergency, permits for a setting of any fire or
     fires permitted by paragraphs (c), (d), (e),  (g), and (h) of this
     Rule shall be granted by the public official  having  jurisdiction,
     and only after consultation with the Air Pollution Control  Officer.

(j)  Any fire if it can be demonstrated that nothing but carbon dioxide,
     nitrogen dioxide, or water vapor is emitted under all  operating con-
     ditions.

(k)  Open fires are permitted in City and County Dumps for the purpose
     of disposing solid waste, upon approval by the California Air
     Resources Board.
                                       -13-

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(2.0)      Rule 3:9

           Nothing in this Regulation is intended  to  permit  any  practice which  is a
           violation of any statute,  ordinance,  rule  or  regulation.

(50.2)  .   Rule 3:10 - Sulfur Contents of Fuels.

           No person shall burn within the District any  gaseous  fuel  containing sul-
           fur compound in excess of  50 grains per 100 cubic feet of  gaseous fuel,
           calculated as hydrogen sulfide at standard conditions, or  any liquid fuel
           or solid fuel having a sulfur content in excess of 0.5 per cent by weight.
           The provisions of this rule shall  not apply to:

           (a)  The incinerating of waste gases  provided that the gross heating value
                of such gases is less than 300 British Thermal Units  per cubic  foot
                at standard conditions and the fuel used to  incinerate such waste
                gases does not contain sulfur compounds  in excess of  the amount
                specified in this rule.

           (b)  The use of solid fuels in any metallurgical  process.

           (c)  The use of fuels where the gaseous products  of combustion are used
                as raw materials for  other processes.

           (d)  The use of liquid, or solid fuel,  to  propel  or test any vehicle,
                aircraft, missile, locomotive, boat or ship.

           (e)  The use of liquid fuel whenever  the supply of gaseous fuel, the burn-
                ing of which is permitted by this  rule,  is not physically available
                to the user due to accident, act of God, act of  war,  act of the
                public enemy, or failure of the  supplier.

           (f)  The use of liquid fuel during a  period for which the  supplier of
                gaseous fuel, the burning of which is not prohibited  by this Rule,
                interrupts the delivery of gaseous fuel  to the user.

(50.1.1)   Rule 3:12 - Solid Particulate Matter  -  Weight.

           A person shall not discharge into the atmosphere  from any  source, solid
           particulate matter at a rate in excess  of  that shown  for the process weight
           rate for the source in Table I.

           Where the process weight rate falls between figures listed in the table,
           the exact rate of permitted discharge shall be determined  by linear  inter-
           polation.

           For the purposes of this rule solid particulate matter  includes  any  mater-
           ial which would become solid particulate matter  if cooled  to standard
           conditions.
                                                -14-

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To use the following table, take the process weight per hour as such is
defined in Rule 1:2 (r).  Then find this figure on the table, opposite
which is the maximum number of pounds of contaminants .which may be dis-
charged into the atmosphere in any one hour.  As an example, if "A" has
a process which emits contaminants into the atmosphere and which process
takes three hours to complete, he will divide the weight pf_a_ll materials
in the specific process, in the example, 1,500 IDS., by 3 giving a
process weight per hour of 500 IDS.  The table shows that "A" may riot
discharge more than 1.77 IDS., in any one hour during the process.  Where
the process weight per hour falls between figures in the left hand column,
the exact weight of permitted discharge may be interpolated.
                                      -15-

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ALLOWABLE RATE OF EMISSION BASED ON
        PROCESS WEIGHT RATE

Process
Rate

Lb/Hr
100
200
400
600
800
1,000
1,500
2,000
2,500
3,000
3,500
4,000
5,000
6,000
7,000
8,000
9,000
10,000
12,000

Weight

Tons/Hr
0.05
0.10
0.20
0.30
0.40
0.50
0.75
1.00
1.25
1.50
1.75
2.00
2.50
3.00
3.50
4.00
4.50
5.00
6.00

Rate of
Emission

Lb/Hr
0.551
0.877
1.40
1.83
2.22
2.58
3.38
4.10
4.76
5.38
5.96
6.52
7.58
8.56
9.49
10.4
11.2
12.0
13.6

Process
Rate

Lb/Hr
16,000
18,000
20,000
30,000
40,000
50,000
-60,000
70,000
80,000
90,000
100,000
120,000
140,000
160,000
200,000
1,000,000
2,000,000
6,000,000

Weight
k

Tons/Hr
8.00
9.00
10.
15.
20.
25.
30. -
35.
40.
45.
50.
60.
70.
80.
100.
500.
1,000.
3,000.

Rate of
Emission

Lb/Hr- .
16.5
17.9
19.2
25.2
30.5
35.4
-40.0-- 	
41.3
42.5
43.6
44.6
46.3
47.8
49.0
51.2
69.0
77.6
92.7
                      -16-

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(2.0)     Rule 3:13 - Separation  of Emi ssi ons.

         If air contaminants  from a single  source  operation are emitted through two
         or more emission points, the total  emitted  quantity  of any air contaminant,
         limited in this Regulation cannot  exceed  the  quantity which would  be the
         allowable emission through a single emission  point;  and  the total  emitted
         quantity of any such air contaminant shall  be taken  as the product of the
         highest concentration measured in  any of  the  emission points  and the
         exhaust gas volume through all emission points,  unless the person  respon-
         sible for the source operation establishes  the correct total  emitted
         quantity.

(2.0)     Rule 3:14 - Combination of Emissions.

         (a)  If air contaminants from two  or more source operations are combined
            ,  prior to emission  and there are adequate and reliable means reasonably
              susceptible to confirmation and use  by the  control  officer for estab-
              lishing a separation of the components of the combined emission to
              indicate the nature, extent,  quantity and degree of emission  arising
              from each source operation, this Regulation shall apply  to each such
              source operation separately.

         (b)  If air contaminants from two  or more source operations are combined
              prior to emission, and the combined  emissions cannot be  separated
              according to the requirements of Rule 3:14  (a), this Regulation
              shall apply to the source operations whose  air  contaminants are so
              combined.

(51.16)  Rule 3:16 - Gasoline Storage.-:(Section 39068.2)

         It is a misdemeanor to  install any stationary storage tank having a capa-
         city of 250 gallons or  more for the storage of any petroleum  distillate
         having a high vapor pressure of four psi  or greater, unless the  tank  is
         equipped with one of the following emission control  systems:

                  1.  a permanent submerged fill pipe (Section  39068.2 (e);

                  2.  a vapor recovery system (Section 39068.4);

                  3.  a floating roof  (not  acceptable if  the  vapor pressure of
                      the contents exceeds  11 psi) (Section 39068.3);  or

                  5.  control equipment of  efficiency equal to  that specified
                      above, which has been approved by the Air Pollution  Control
                       Officer;
                                              -17-

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         It is  also a misdemeanor to  load  from any tank  truck  or  trailer, any  tank
         installed after December 31, 1970 which is not  in  conformance with the
         foregoing.

         These  requirements are not applicable to stationary storage  tanks which
         are used primarily for the fueling of implements of husbandry (Section
         39068.2f).
(51.1)   Rule 3:17 - Orchard and Citrus  Heaters.-  (Section  39298.7)

         No new orchard or citrus heater produced  or manufactured  shall  be  sold
         for use against frost damage unless  it has  been  approved  by the Air
         Resources Board.

              1.  No person shall use any orchard  or citrus heater after January  1,
                  1975 unless it has been approved by the Air Resources  Board, or
                  does not produce more  than  one gram per minute of unconsumed
                  solid carbonaceous material.
                                               •-IS-

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                 REGULATION  IV  -  PROCEDURE  BEFORE THE HEARING BOARD


(2.0)     Rule 4:1  -  Applicab!e  Articles  of  the  Health and Safety Code.

         The provisions  of Article  6,  Chapter 2, Division 20, of the State of
         California  Health and  Safety  Code, as  amended,  respectively entitled
         "Variances  and  Procedure",  are  incorporated herein  by  this reference.

(2.0)     Rule 4:2 -  General.

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

(2.0)     Rule 4:3 -  Filing Petitions.

         Request for hearing shall  be  initiated by the  filing of a petition  in
         triplicate  with the Clerk  of  the Hearing Board and  after service of a
         copy of the petition on  the Air Pollution Control Officer, 202  W. Fourth
         Street, Alturas, California,  and service of one (1) copy on the holder
         of the variance, if any  involved.   Service may be made in person or by
         mail, and service may  be proved by written acknowledgment of  the person
         served or by the affidavit of the  person making the service.

(2.0)Ru1e"4T4"-  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-partnership, corporation
              or other entity,  and  names and addresses  of partners,  if a co-partner-
              ship,  names and address  of the managing  officers, if a corporation,
              and the names  and address  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  con-
              trivance,  if any, involved in the application.

         (e)  Whether the petitioner desires a hearing:

              1.  For a variance under Section 24292,  Health and  Safety Code;

              2.  To revoke or modify a variance under Section  24298,  Health and
                  Safety Code.
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         (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,  each  petition shall  be
              verified  by the person  signing.

         (g)   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 4:5 - Petitions for  Variances.

         In addition  to the  matters required by Rule 4:4,  petitions for  variance
         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 whfch would  result to petitioner from
              a compliance with such  section, rule  or  order.

         (e)   The requirements which  petitioner can meet and  date  when petitioner
              can comply with such requirements.

         (f)   The advantages and disadvantage to the residents of  the district
              resulting from requiring  compliance or resulting from granting a vari-
              ance.

         (g)   Whether or not operations under such  variance,  if granted  would con-
              stitute a nuisance.

(2.0)     Rule 4:6 - Failure  to Comply with Rules.

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

 C2.0)   Rule 4:7 - Answers.

         Any person may file an answer  within ten  (10) days after service.  All
         answers  shall  be served the same as petitions under  Rule 4:3.
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(2.0)     Rule 4:8 - 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  interested persons
         of such dismissal.

(16.0)    Rule 4:9 - Place of Hearing.

         All hearings shall be held  at the place  designated by  the Hearing Board.

(16.0)    Rule 4:10 - Notice of Hearing.

         The Clerk of the Hearing Board  shall  mail or  deliver a notice of hearing
         to the  petitioner, the Air  Pollution  Control  Officer,  the holder of  the
         permit  or variance involved,  if any,  and to any person entitled to notice
         under Sections 24275, 24295,  or 24299, Health and Safety Code.

(2.0)     Rule 4:11 - Evidence.

         (a)  Oral evidence shall be taken only on oath  or affirmation.

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

         (c)  The hearing need not be conducted according to  technical rules
              relating to evidence and witnesses. Any relevant evidence shall  be
              admitted if it is the  sort of evidence on  which responsible persons
              are accustomed to rely in the conduct  of serious  affairs regardless
              of the existence of any common law  or  statutory rule which might make
              improper the admission of such evidence  over objection in  civil actions,
              Hearsay evidence may be used for the purpose of supplementing or
              explaining any direct  evidence but  shall not be sufficient in  itself
              to support a finding unless it would be  admissable over objection  in
              civil actions.  The rules of privilege shall be effective  to  the
              same extent that they  are not or hereafter shall  be excluded.

(13.0)    Rule 4:12 - Record of Proceedings.

         A record of all proceedings had before  the  Hearing  Board shall  be  made.
         The record shall be prepared in accordance  with one  of the  following
         methods.
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              1.   A written summary of all  the evidence,  testimony and  proceedings
                  had and presented at the  Hearing  shall  be made by a person
                  designated by the.Hearing Board for that purpose; or

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

         The Hearing Board may require that the original  and one copy of such  trans-
         cript, each certified to by the  reporter as to its accuracy, be filed with
         the Hearing Board within thirty  (30)  days  from the closing date of the
         hearing unless required by the Board  prior to that time, at the expense
         of the party requesting the same.

(.2.0)     Rule 4:13 - Preliminary Matters.

         Preliminary matters such as setting a date for hearings, granting contin-
         uances,  approving petitions for  filing, allowing amendments, issuing  sub-
         poenas,  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 and without notice.

(2.0)     Rule 4:14 - 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 4:15 - Continuances.

         The Chairman or any two members  of the Hearing Board shall grant any  con-
         tinuance concurred in by petitioner,  the Air Pollution Control Officer  and
         by every person who has filed an answer in the action.  Further, the  chair-
         man or any two members of the hearing board may grant any reasonable
         continuance; in either case such action may be ex parte, without a meeting
         of the Hearing Board and without prior notice.  Upon notice the chairman
         or any two (2) members of the hearing board may grant continuances  for
         good cause shown.

(16.0)   Rule 4:16 - Hearing and Decision.

         All hearings shall be held by two  or  more members of the Board. The
         decision shall be in writing served and filed within fifteen  (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.
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(2.0)    Rule 4:17 - Effective Date of Decision.

        The decision shall  become effective fifteen (15)  days  after delivery or
        mailing a copy of the decision,  as provided in Rule 4:16,  or the Hearing
        Board may order that the decision shall  become effective sooner.
                                             --23-

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                         REGULATION V  - AGRICULTURAL BURNING

(15.0)   Rule 5:1 - Enforcement.

         In accordance with  Section 39298.8 of  the California Health and Safety
         Code, the Modoc Air Pollution Control  District does hereby adopt this
         plan consistent with the Agricultural  Burning Guidelines.

         Any violation of the provisions  of this  plan is a misdemeanor punishable
         by imprisonment in  the county jail not exceeding six (6) months, or by
         a fine not exceeding five-hundred dollars ($500.), or both, and the cost
         of extinguishing the fire.  Every day  during any portion of which such
         offense occurs constitutes a  separate  offense.

         The air pollution control  district shall enforce these Rules and
         Regulations.

(3.0)     Rule 5:2 - Burning  Permits.
(51.13)
         All burning permits required  by  these  regulations will be issued by
         the Modoc Air Pollution Control  Officer  at the office in Alturas or
         Tulelake.

(1.0)     Rule 5:3 - Definitions.

         (a)  "Agricultural  burning" means open outdoor fires used in agricultural
              operations in  the growing of crops  or raising of fowls or animals,
              forest management, or range improvement, or used in improvement of
              land for wildlife and game  habitat  (Section 39295.6 of the Califor-
              nia Health and Safety Code).

         (b)  "Open burning  in agricultural operations in the growing or crops or
              raising  of fowls or animals" means:

              1.  The  burning in the open of materials produced wholly from opera-
                  tions in the growing and harvesting of crops or raising
                  of fowls or animals  for the primary purpose of making a profit,
                  or instruction by an educational institution; and

              2.  In connection with operations qualifying under subdivision 1.:

                  a.  The burning of grass and  weeds in or adjacent to fields in
                      cultivation or being prepared for cultivation; and

                  b.  The burning of material not produced wholly from such
                      operations, but  which are intimately related to the growing.
                      or harvesting of crops and  which are used in the field,
                      except as prohibited by district regulations.  Examples are
                      fertilizer and empty pesticide sacks or containers, where
                      the sacks or  containers are emptied in the field.
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                c.    "Range  improvement burning" means the use  of open fires
                      to  remove vegetation for wildlife, game or livestock
                      habitat or for the initial establishment of an agricultural
                      practice on previously uncultivated land.

                d.    "Forest management burning" means the use of open fires,
                      as  part of a forest management practice, to remove forest
                      debris.  Forest management practices include timber
                      operations, silvicultural practices or forest protection
                      practices.

                e.    "Brush  treated" means that the material to be burned has
                      been  felled, crushed or uprooted with mechanical equipment,
                      or  has  been desicated with herbicides.

                f.    "Timber operations" means cutting or removal, or both,
                      of  timber or other forest vegetation.

                g.    "Silvicultural" means the establishment, development, care
                      and reproduction  of stands of timber.

              .  h.    "Board" means the State Air Resources Board, or any person
                      authorized to act on its behalf.

                i.    "Designated agency" means any agency designated by the
                      Board as having authority to issue agricultural burning
                      permits.  The U.S. Forest Service, and the California
                      Division of Forestry are so designated within their
                      respective areas  of jurisdiction.

                j.    A "no-burn" day means any day on which agricultural burning
                      is  prohibited by  the Board or the local district.

                k.    A "permissive-burn" day means any day on which agricultural
                      burning is not prohibited by the Board.

                1.    "District" means  Modoc County Air Pollution  Control District.

                m.    "Approved ignition device" 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 material.

(51.13)   Rule 5:4  -  Notification of Burning Conditions.

         (a)   Commencing December 20,  1972, a notice as to whether a day is
               permissive-burn day or a no-burn day will be provided to the local
               District by  the California Air Resources Board each morning by 0745.
               This  notice  will be incorporated in a normal weather report and will be
                                              -25-

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              transmitted to the general  public by announcement  over  local  radio
              stations,  television stations  and the weather  service VHP  network.

         (b)  An advisory forecast as to  whether the  following day will  be  a
              permissive-burn or a no-burn day will be  provided  to the local
              District by the California  Air Resources  Board each afternoon at
              1300.   This notice will also be incorporated in weather reports to
              local  news media.

         Cc)  Upon requests  from a permittee through  a  designated agency, seven
              days in advance of a specific  range improvement burn or of a
              specific forest management  burn above 3,000 feet a permissive-burn
              or no-burn notice  will  be issued by the Board  up to 48  hours  prior
              to the date scheduled for the  burn.  Without further request, a
              daily notice will  continue  to  be issued until  a permissive-burn
              notice is  issued.

         (d)  A permissive-burn  or no-burn advisory outlook  will be available up
              to 72 hours in advance of burns specified in the preceding
              Section C.

         (e)  The Board  may  cancel  permissive-burn notices that  had been issued
              more than  24 hours in advance  if the cancellation  is necessary to
              maintain suitable  air quality.

         (f)  Burning forecast will be made  covering  the entire  California  North-
              east Plateau Air Basin, however, more restrictive  conditions  may
              be specified for the local  District.

(2.0)     Rule 5:5 -Exceptions.

         (a)  Open burning in agricultural operations in the growing  of  crops
              or raising of  fowl or animals  at altitudes above 3,000  feet mean
              sea level  (msl), is exempt  from the Agricultural Burning Implement-
              ation Plan.

         (b)  Agricultural burning in areas  at altitudes above 6,000  feet msl
              is exempt  from the Agricultural Burning Implementation  Plan.

         (c)  Burning of agricultural related items such as, empty pesticide
              containers and toxic fertilizer bags, may be permitted, by the
              Air  Pollution Control  Officer, on no-burn days.   Burning  will be
              done in accordance with stated burning  preparations and consideration
              for fire danger.

         (d)  The Air Pollution  Control Officer may allow, by special permit,
              agricultural burning on a no-burn day,  if denial of such permit
              would threaten imminent and substantial economic loss.  The applicant
              shall  submit in writing, on a  form provided, his reasons for  the
              exception.
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(15.0)    Rule 5:6  -  Enforcement.

         (a)   No person  shall  knowingly set or permit any open burning operation
              on days within a period  prohibited by the California Air Resource
              Board  or the  District.

         (b)   Penalty -  Any violation  of  the agricultural burning requirements
              stated in  these  procedures  is a misdemeanor, under Section 39299
              of the California Health and Safety Code, punishable by imprisonment
              in the County jail  not exceeding six (6) months, or by fine not
              exceeding  five hundred dollars ($500.) or both, and the cost of
              putting out the  fire.  Every day, during any portion of which such
              violation  occurs constitutes a separate offense.

         (c)   Procedures -

              1.  Open Burning                        '

                  a. Complaint received  or burning observed.

                  b. Investigation  (fire protection agency or air pollution con-
                     trol  district)

                     (1)  Determine responsible person.

                     (2)  Determine who  ordered fire.

                     (3)  Ask for permit.

                     (4)  Determine section of regulations prohibiting such acts.-

              2.  If violation exists

                  a. Action taken

                     (1)  Obtain all  pertinent information for report - name,
                           address,  location of burn, material, wind direction,
                           description of fire and smoke, statements made by
                           subject, witnesses, photos if possible.

                     (2)  Issue  citation to appear (Section  Penal Code 836.5).

                     (3)  If  citation can not be issued because of complexities
                           of  the violation or the magnitude  of the violations,
                           the following  may be pursued:

                           (a) Investigation:  same as above.

                           (b) Review file with Air Pollution Control Officer.
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                           (.c)   Ask District Attorney  for  complaint or.  injunctive
                                action.

                      (4)   May  issue official  notice to  cease  and desist subject
                           to judgment of officer.

(2.0)     Rule 5:7 -Prohibitions -  General

         (a)   No person shall knowingly  set  or permit  agricultural burning unless
              he has  a valid  permit from the designated  agency in the area where
              the burn will take place.

         (b)   A permit shall  not be issued to an  applicant unless information is
              provided as  required  by the designated fire  protection agency for
              fire protection purposes.

         (c)   A permit shall  not be issued to an  applicant unless information is
              provided as  required  by the Air  Pollution Control District.

         (d)   All  material  to be burned  shall  be  reasonably free of dirt, soil,
              and excess moisture.

         (e)   Wherever possible, wastes  shall  be  piled or  windrowed in  such a
              manner  as to burn with maximum possible  heat density and  minimum
              smoke.

         (f)   All  burning  shall  be  ignited as rapidly  as practicable within
              applicable fire control restrictions.

         Cg)   All  wastes shall  be free of tires,  tar paper, construction debris,
              or other types  of rubbish  likely to cause  excessive smoke or
              obnoxious odors.

         (h)   Special  consideration shall  be given to  burning  operations confined
              to narrow inland  river valleys where smoke containment may be
              restricted within the river basin and greatly decrease the pre-
              vailing visibility.

         (i)   All  materials to  be burned shall  be ignited  with an approved
              ignition device.

         (j)   A permit shall  not be valid for any day  in which burning  is pro-
              hibited by the  designated  fire control agency having jurisdiction
              over the site of  the  burn  for  the purposes of fire control or pre-
              vention.

         (k)   A permit shall  be valid for only those days  which agricultural
              burning is not  prohibited  by the Board or  local  District.
                                              -28-

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(1)  Open outdoor fires  must be controlled  to  such  an  extent  as  is
     technically and economically feasible  to  meet  all  Federal and
     State air quality standards pertaining to air  pollutants created
     by open burning operations.

(m)  Material shall  not  be burned unless  it has been allowed  to  dry  for
     the following minimum time periods:

     1.  Open burning in agriculture operations

         a.  Dry cereals:       0 days

         b.  Prunings and small branches:         3  weeks

         c.  Large branches (6 inches and larger) and  trees:   8 weeks

     2.  Range improvement burning

         a.  Treated brush and unwanted trees:        6 months

         b.  All unwanted trees over six (6) inches in diameter  shall be
             felled.

     3.  Forest management burning

         a.  As required by designating agency issuing the permit.

(n)  The Air Pollution Control Officer may  restrict burning to selected
     permittees on designated burn days if  total tonnage  to be ignited
     would discharge a volume of contaminants  into  the atmosphere
     sufficient to cause State ambient air  quality  standards  to  be
     exceeded.

Co)  Maximum care must be taken to keep smoke  from  drifting into
     populated areas.

           Prohibitions  I.   Range Improvement Burning

(a)  Between January 1 and May 31, range improvement"burning'may be  con-
     ducted by permit on a No-Burn-Day, providing that more than 50%
     of the land has been brush treated.

     Notwithstanding the provisions in Subdivision  A of this  section, the
     Board may prohibit  range improvement burning during  the  period
     designated by the district if in the opinion of the  Board,  such
     prohibition is  required for the maintenance of suitable  air quality.
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(b)  If the burning is to be done primarily for improvement of  land for
     wildlife and game habitat,  no permit shall  be  issued  unless the
     applicant has filed with the District a statement  from the Depart-
     ment of Fish and Game,  certifying  that the burn  is desirable and
     proper.

           Prohibitions II.    Forest Management Burning

(a)  Unless good siIvicultural practice dictates otherwise, material
     shall  not be burned until it has been windrowed  or piled where
     possible.
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