U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-296679
Air Pollution Regulations in State
Implementation Plans: California,
Monterey Bay Unified APCD
Abcor, Inc, Wilmington, MA Waldon Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NC Control
Programs Development Div
Aug 78
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6EFA
United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
EPA-460/3-78-054-22
August 1978
Air
Air Pollution Regulations
in State Implementation
Plans:
' REPRODUCED BY 1
f NATIONAL TECHNICAL '
! INFORMATION SERVICE
I U. S. DEPARTMENT OF COMMERCE
[ SPRINGFIELD. VA. 22161
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TECHNICAL REPORT DATA
(Please read Itutmctiont on the revene before completing)
1. REPORT NO.
EPA-450/3-78-054-22
2.
. TITLE AND SUBTITLE
Air Pollution Regulations In State Implementation i
Plans: California Monterey Bay
6. REPORT DATE
August 1978
B. PERFORMING ORGANIZATION CODE
7. AUTHOR(S)
8. PERFORMING ORGANIZATION REPORT NO.
D. PERFORMING ORGANIZATION NAME AND ADDRESS
Maiden Division of Abcor, Inc.
Wilmington, Mass.
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT NOT
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 1n no way affects the ability of
the respective Federal, State, or local agencies to enforce such regulations.
7.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
b.lDENTIFIERS/OPEN ENDED TERMS
c. COSATI Field/Group
Air pollution
Federal Regulations
Pollution
State Implementation Plans
8. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
10. SECURITY CLASS (This Report!
Unclassified
21
20. SECURITY CLASS (TMlpagt)
Unclassified
22. PRICE
EPA Form 3220-1 (»-73)
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Air Pollution Regulations
in State Implementation Plans:
» '" *v«ssL3&:'*'-~ ''*'*'*' •<" • '
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
I 0-
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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-450/3-78-054-22
ii
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INTRODUCTION
*
This document has been produced in compliance with Section TIO(h)(l)
of the Clean Air Act Amendments of 1977. The Federally enforceable.
regulations contained in the State Implementation Plans (SIPs) have-been
compiled for all 56 States and territories (with the exception of the
Northern Mariana Islands). They consist of both the Federally approved
State and/or local air quality regulations as indicated in the Federal
Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of
the above categories as of January 1, 1978, have been incorporated. As
mandated by Congress, this document will be updated annually. State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.
There have been recent changes in the Federal enforceability of
parking management regulations and indirect source regulations. The
October, 1977, appropriation bill for EPA prohibited Federal enforcement
of parking management regulations in the absence of specific Federal
authorizing legislation. Federally promulgated parking management
regulations have, therefore, been suspended indefinitely. Pursuant to
the 1977 Clean Air Act Amendments, indirect source regulations may not
be required for the approval of a given SIP. Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted indirect source regulations contained in an applicable SIP
are Federally enforceable. More importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded, operated, or owned facilities or projects. Therefore, the
Federally promulgated indirect source regulations appearing in this
document are not enforceable by EPA except as they relate to Federal
facilities.
Since State air quality regulations vary widely in their organization,
content, and language, a standardized subject Index is utilized in this
document. Index listings consist of both contaminant and activity oriented
categories to facilitate usage. For example, for regulations which apply
to copper smelters, one might look under sulfur compounds (50.2), particu-
late matter process weight (50.1.1), or copper smelters (51.15). Federal
regulations pertaining to a given State immediately follow the approved
State and local regulations.
Additionally, a summary sheet of the information included in each
comprehensive document is presented prior to the regulatory text to
allow one to quickly assess the contents of the document. Specifically,
the summary sheets contain the date of submittal to EPA of each revision
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to the SIP and the date of the Federal Register 1n which the revision
was either approved or disapproved by EPS.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 enforceabillty 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.
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SUMMARY SHEET
Of.
EPA-APPROVED REGULATION CHANGES
MONTEREY BAY UNIFIED (APCD)
Submlttal
6/30/72
10/23/74
1/10/75
11/3/75
11/10/76
Approval
9/22/72
10/27/77
10/27/77
7/26/77
10/27/77
Description
All Regs unless
otherwise specified
Rules 100-106, 300-303,
400-401, 403, 404 (a)
(b)(d), 405-408, 412-417,
419-420, 500-508, 600-
616, 800-816
Note: Rule 412 (a)(b)
1s d1sapproved
Note: Rule 404 (c) for
Monterey and Santa Cruz
Co. and Rule 408 (b) for
San Benlto Co. still
apply
Rules 409-411, 421
Note: Rule 409 (a) and
(a}(5) are disapproved,
Rule 410(b)(l) 1s
disapproved
Note: Rule 404 (c),
408 (b) San Benlto previous
rule applies If more
stringent
Rule 418
Rules 101, 104, 106, 214
301, 404(c), 406, 407,
415, 601-603, 609, 801,
805, 811
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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,
R1ce and Soybean Facilities, Related Topics)
51.2 COAL OPERATIONS (Includes Cleaning. Preparation, Coal Refuse
Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
51.3 CONSTRUCTION (Includes Cement Plants. Materials Handling, Topics
Related to Construction Industry)
51.4 FERROUS FOUNDRIES (Includes Blast Furnaces/Related Topics)
51.5 FUEL BURNING EQUIPMENT (coal, natural gas, oil) • Participates
(Includes Fuel Content and Other Related Topics)
51.6 FUEL BURNING EQUIPMENT (coal, natural gas. oil) - S02 (Includes
Fuel Content and Other Related Topics)
51.7 FUEL BURNING EQUIPMENT (oil-, natural gas, coal) - N02 (Includes
Fuel Content and Other Related Topics)
51.8 HOT MIX ASPHALT PLANTS
51.9 INCINERATION
51.10 NITRIC ACID PLANTS
51.11 NON-FERROUS SMELTERS (Zn, Cu, etc.) - Sulfur Dioxide
51.12 NUCLEAR ENERGY FACILITIES (Includes Related Topic)
51.13 OPEN BURNING (Includes Forest Management, Forest F1re, F1re
Fighting Practice. Agricultural Burning and Related Topics)
51.14 PAPER PULP; WOOD PULP AND KRAFT MILLS (Includes Related Topics)
51.15 PETROLEUM REFINERIES
51.16 PETROLEUM STORAGE (Includes Loading, Unloading, Handling and
Related Topics)
51.17 SECONDARY METAL OPERATIONS (Includes Aluminum. Steel and Related
Topics)
51.18 SULFURIC ACID PLANTS
51.19 SULFURIC RECOVERY OPERATIONS
51.20 WOOD WASTE BURNERS
51.21 MISCELLANEOUS TOPICS
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TABLE .OF CONTENTS
Revised Standard
Subject Index
-
(2.0)
(1.0)
(1.0)
(2.0)
(15.0)
(2.0)
(2.0)
-
(3.0)
(3.Q)
(3.0)
(3.Q)
(3.0)
(3.0)
(3.0)
(3.0)(9.0)
(3.0)
(3.0)
(3.0)
MONTEREY BAY
Reg.-
Rule Number
Reg. I
Rule 100
101
102
103
104
105
106
Reg. II
Rule 200
201
202
203
204
205
206
207
208
209
210
UNIFIED APCD REGULATIONS
Title
General Provisions
Title
Definitions
Standard Conditions
Effective Date
Arrests and Notices to Appear
Separate Zone
Increments of Progress
Perml ts
Permits Required
Sources not Requiring Permits
Transfer
Time to Obtain Permit to Operate
Applications
Cancellation of Applications
Action on Applications
Provision of Sampling and Testing
Facilities
Standards for Granting
Applications
Conditional Approval
Denial of Applications
Page
1
1
1
3
3
4
4
4
6
6
7
13
13
13
14
14
14
14
15
16
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Revised Standard Reg. -
Subject Index Rule Number Title Page
(3.0) 211 Further Information 16
(3.0) 212 Applications Deemed Denied 16
(3.0) 213 Appeals 16
(14.0) 214 Public Availability of Emission
Data 16
Reg. Ill Fees 18
(3.0) Rule 300 Permit Fees 18
(3.0) 301 Permit Fee Schedules 20
(2.0)(9.0) 302 Analysis Fees 22
(2.0)(13.0) 303 Technical Reports - Charges for 23
Reg. IV Prohibitions 24
(50.1.2) Rule 400 Ringelmann Chart 24
(50.1.2) 401 Wet Plumes 24
(50.7) 402 Nuisance 24
(50.1) 403 Particulate Matter 24
(50.2)(50.3) 404 Sulfur Compounds and Nitrogen
Oxides 25
(2.0) 405 Exceptions 26
(2.0) 406 Additional Exception 26
(51.13) 407 Open Outdoor Fires 27
(51.9) 408 Incinerator Burning 28
(51.13) 409 Burning of Agricultural Wastes 28
(51.13) 410 Range Improvement Burning 29
(51.13) 411 Forest Management Burning 30
(50.2) 412 Sulfur Content of Fuels 31
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Revised Standard Reg. -
Subject Index Rule Number Title Page
(50.2) Rule 413 Removal of Sulfur Compounds 32
(51.21) 414 Reduction of Animal Matter 33
(2.0) 415 Circumvention 33
(50.7) 416 Organic Solvents 33
(51.16) 417 Storage of Petroleum Products 37
(51.16) 418 Transfer of Gasoline into
Stationary Storage Containers 38
(51.16) 419 Organic Liquid Loading 41
(51.16) 420 Effluent Oil Water Separators 42
(2.0) 421 - 42
Reg. V Orchard, Field Crop or Citrus
Grove Heaters 43
(1.0) Rule 500 Definition 43
(3.0) 501 Permits 43
(51.1) 502 Approved Orchard Heaters 43
(51.1) 503 Condition of Heaters 43
(51.1) 504 Classification of Heaters 44
(51.1) 505 Non-Complying Heaters 44
(51.1) 506 Prohibition of Sale of Heaters 44
(51.1) 507 Burning Rubber and other
Substances 44
(3.0) 508 Fees 44
Reg. VI Procedure before the Hearing
Board 45
(16.0) Rule 600 General 45
(16.0) 601 Filing Petitions 45
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Revised Standard Reg. -
Subject Index Rule Number Title Page
(16.0) Rule 602 Contents of Petitions 45
(5.0)(16.0) 603 Petitions for Variances 46
(16.0) 604 Appeal from Denial 47
(16.0) 605 Failure to Comply with Rules 47
(16.0) 606 Answers 47
(16.0) 607 Withdrawal of Petition 48
(16.0) 608 Place of Hearing 48
(16.0) 609 Notice of Hearing 48
(16.0) 610 Evidence 48
(13.0)(16.0) 611 Record of Proceedings 48
(16.0) 612 Preliminary Matters 49
(16.0) 613 Official Notice 49
(16.0) 614 Continuances 49
(16.0) 615 Decision 49
(16.0) 616 Effective Date of Decision 49
Reg. VII Emergencies 50
(8.0) Rule 700 General 50
(9.0) 701 Sampling Stations 50
(9.0) 702 A1r Sampling 50
(13.0) 703 Reports 50
(8.0) 704 Continuing Program of
Voluntary Cooperation 50
(8.0) 705 Plans 51
(8.0) 706 Declaration of Alerts 52
(8.0) 707 Notification of Alerts 52
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Revised Standard Reg. -
Subject Index Rule Number Title Page
(8.0) Rule 708 Alert Stages for Toxic Air
Pollutants 53
(8.0) 709 First Alert Action 53
(8.0) 710 Second Alert Action 54
(8.0) 711 Third Alert 55
(8.0) 712 End of Alert 55
Reg. VIII Orders for Abatement 56
(16.0) Rule 800 General 56
(16.0) 801 Order for Abatement 56
(16.0) 802 Filing Petitions 56
(16.0) 803 Contents of Petition 56
(16.0) 804 Scope of Order 57
(16.0) 805 Findings 57
(16.0) 806 Pleadings 57
(16.0) 807 Evidence 57
(16.0)(15.0) 808 Failure to Comply with Rules 58
(16.0) 809 Withdrawal of Petition 58
(16.0) 810 Place of Hearing 58
(16.0) 811 Notice of Hearing 58
(16.0) 812 Preliminary Matters 59
(16.0) 813 Official Notice 59
(16.0) 814 Continuance 59
(16.0) 815 Order and Decision 59
(16.0) 816 Effective Date of Decision 59
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Revised Standard Reg. -
Subject Index Rule Number Title Page
(50.3) Rule 404 Specific Air Contaminants 60
(50.3) 408 Specific A1r Contaminants 60
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REGULATION 1 - GENERAL PROVISIONS
(2.0) RULE 100. Title.
These rules and regulations shall be known as the rules and regulations
of the Monterey Bay Unified Air Pollution Control District.
(1.0) RULE 101. Definitions.
(a) Except as otherwise specifically provided in these rules and except
where the content otherwise indicates, words used in these rules
are used 1n exactly the same sense as the same words are used in
Division 26 of the Health and Safety Code.
(b) Agricultural Operation. "Agricultural Operation" means the growing
of crops, the raising of fowls, animals or bees, as a gainful
occupation.
(c) Air Contaminants. "A1r Contaminant" includes smoke, charred paper,
dust, colloids, soot, grime, carbon, noxious acid, noxious fumes,
noxious gases, odors, or particulate matter, or any combination
thereof.
(d) Atmosphere. "Atmosphere" means the air that envelops or surrounds
the earth. Where air contaminants are emitted into a building or
structure not designed specifically as a piece of air pollution
control equipment, such emission Into the building or structure
shall be considered an emission into the atmosphere.
(e) Board. "Board" means the Air Pollution Control Board of the Monterey
Bay Unified Air Pollution Control District.
(f) Burn Day. "Burn Day" means a day on which the California Air
Resources Board determines that agricultural burning is permitted
within the Monterey Bay Unified Air Pollution Control District.
(g) Combustible Refuse. "Combustible Refuse" 1s a solid or liquid com-
bustible waste material containing carbon 1n a free or combined
state.
(h) Combustion Contaminants. "Combustion Contaminants" are solid or
liquid particles discharged into the atmosphere from the burning of
any kind of material containing carbon In a free or combined state.
(i) Dusts. "Dusts" are minute solid particles released into the air
by natural forces or by mechanical processes such as crushing,
grinding, milling, drilling, demolishing, blasting, shoveling,
conveying, covering, bagging, and sweeping, or any combination
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thereof.
(j) Flue. "Flue" means any duct or passage for air, gases, or the
like, such as a stack or chimney.
(k) Fumes. "Fumes" are minute solid particles generated by the con-
densation of vapors from solid matter after volatilization from
the molten state, or generated by sublimation, distillation,
calcination, or chemical reaction, when these processes create
air-borne particles.
' ' Household Rubbish. "Household Rubbish" means waste material and
trash, including garden trash and prunlngs, normally accumulated
by a family 1n a residence 1n the course of ordinary day to day
living.
(m) Incinerator. "Incinerator" means any furnace or other closed fire
chamber used for the burning of combustible refuse from which the
products of combustion are directed through a chimney or flue.
(n) Multiple-Chamber Incinerator. "Multiple-Chamber Incinerator" is any
article, machine, equipment," contrivance, structure or part of a
structure, used to dispose of combustible refuse by burning, con-
sisting of three or more refractory lined combustion furnaces 1ri
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) Oil-Effluent Water Separator. "Oil-Effluent Water Separator" 1s
any tank, box, sump or other container in which any petroleum or
product thereof, floating on or entrained or contained in water
entering such tank, box, sump or other container, 1s physically
separated and removed from such water prior to outfall, drainage,
or recovery of such water.
(p) Open Outdoor Fire. "Open Outdoor F1re" means the burning or smolder-
ing of any combustible material of any type outdoor in the open air,
either inside or outside a fireproof container, where the products
of combustion are not directed through a chimney or flue.
(q) Particulate Matter. "Partlculate Matter1 is any material, except
uncombined water, which exists 1n a finely divided form as a liquid
or solid at standard conditions.
(r) Person. "Person" means any person, firm, association, organization,
partnership, business trust, corporation, company, contractor,
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supplier, installer, user, owner, or any state or local govern-
mental agency or public district, or any officer or employee
thereof. "Person" also means the United States or its agencies,
to the extent authorized by Federal law.
(s) 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
will be considered as part of the process weight, but liquid and
gaseous fuels and combustion air will not. "The Process Height
per Hour" will be derived by dividing the total process weight
by the number of hours in one cycle or operation from the beginning
of any given process to the completion thereof, excluding any time
during which the equipment is Idle.
(t) Regulation. "Regulation" means one of the major subdivisions of the
rules of the Monterey Bay Unified Air Pollution Control District.
(u) Rule. "Rule" means a rule of the Monterey Bay Unified Air Pollution
Control District.
(v) Section. "Section" means the section of the Health and Safety Code
of the State of California unless some other statute is specifically
mentioned.
(w) Source Operation. "Source Operation" means the last operation pre-
ceding the emission of an air contaminant, which operation
(1) results in the separation of the air contaminant from the process
materials or 1n the conversion of the process materials Into
air contaminants, as In the case of combustion of fuel, and
(2) is not an air pollution abatement operation.
(1.0) RULE 102. 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 reduced to
standard conditions and shall be calculated to and reported at this
gas temperature and pressure.
(2.0) RULE 103. Effective Date.
These rules and regulations shall take effect on September 1, 1974. Future
amendments to these rules and regulations shall take effect on the dates
specified therein or as specified 1n the order by which they are adopted.
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(15.0) RULE 104. Arrests and Notices to Appear.
Pursuant to the provisions of Penal Code Section 836.5, the Air Pollution
Control Officer and his deputies are authorized to arrest without a
warrant 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 1s a violation of a rule or regulation
of the Monterey Bay Unified Air Pollution Control District or a violation
of a section of Chapter 3 of Part 4 of Division 26 of the Health and
Safety Code of the State of California, or tiny provision of the vehicle
Code relating to the emission or control of air contaminants.
(2.0) RULE 105. Separate Zone.
San Benito County shall be considered as a separate zone with respect to
rules pertaining to open burning, single chamber Incinerators and range
improvement burning.
(2.0) RULE 106. Increments of Progress.
(a) Unless and until the A1r Pollution Control District Hearing Board
authorizes such operation, no person shall operate any article,
machine, equipment, or any other contrivance if such person falls to
achieve any scheduled increment of progress established pursuant
to Sections 42358, Health and Safety Code or by the Air Pollution
Control Board pursuant to Section 41703, Health and Safety Code.
«
(b) Whenever the Air Pollution Control Board adopts or modifies a rule
in Regulation IV of these regulations and such new rule or modified
rule contains a compliance schedule with Increments of progress,
the owner or operator of the affected article, machine, equipment,
or other contrivance shall, within five days after each of the dates
specified in the compliance schedule, certify to the Air Pollution
Control Officer, 1n the form and manner specified by the Air Pollu-
tion Control Officer, that the Increments of progress have or have
not been achieved.
(c) Whenever the Air Pollution Corttrol Hearing Board approves a compli-
ance schedule with Increments of progress, the owner or operator of
the affected article, machine equipment or other contrivance shall,
within five days after each of the dates specified in the compliance
schedule, certify to the Air Pollution Control Officer, in the form
and manner specified, that the increments of progress have or have
not been achieved.
(d) For the purposes of this rule:
(1) "Compliance Schedule" means the date or dates by which a source
or category of sources is required to comply with specific
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emission limitations contained In any air pollution rule,
regulation, or statute and with any Increment of progress
toward such compliance.
(2) "Increments of Progress" means steps toward compliance which
will be taken Including:
a. The date of submittal of the source's final control plan
to the A1r Pollution Control Officer.
b. The date by which contracts for emission control systems
of process modifications will be awarded; or the date by
which orders will be Issued for the purchase of component
parts to accomplish modification.
c. The date of Initiation of onslte construction or install-
ation of emission control equipment or process change.
d. The date by which onslte construction or installation of
emission control equipment or process modification is to
be completed.
e. The date by which final compliance 1s to be achieved.
f. Such additional Increments of progress as may be necessary
or appropriate to permit close and effective supervision
of progress toward timely compliance.
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REGULATION II - PERMITS
(3.0) RULE 200. Permits Required.
(a) Authority to Construct. Before any person builds, erects, alters,
replaces, operates, sells, rents or uses any article, machine, equip-
ment or other contrivance which may cause the Issuance of air
contaminants or the use of which may eliminate or reduce or control
the Issuance of air contaminants, such person shall obtain a
written authority to construct from the Air Pollution Control Officer.
A single authority to construct may be Issued for all components
to an Integrated system or process. An authority to construct shall
remain 1n effect until the permit to operate the equipment for
which the application was filed 1s granted or denied or the appli-
cation 1s cancelled.
(b) Permit to Operate. Before any article, machine, equipment or other
contrivance described 1n Rule 200 (a) (Authority to Construct) may
be operated or used, a written penult shall be obtained from the
A1r Pollution Control Officer. No permit to operate or use shall
be granted either by the A1r Pollution Control Officer, or the
Hearing Board for any article, machine, equipment or contrivance
described In Rule 200 (a) (Authority to Construct) until the Infor-
mation required 1s presented to the Air Pollution Control Officer
and such article, machine, equipment or contrivance 1s altered, if
necessary, and made to conform to the standards set forth In Rule
208 and elsewhere In these Rules and Regulations.
(c) Review nf P«»nn-its. The A1r Pollution Control Officer may at any
time require from an applicant for, or holder of, any authority to
construct or permit to operate, such Information, analyses, plans
or specifications as will disclose the nature, extent, quantity or
degree of air contaminants which are or may be discharged Into the
atmosphere.
(d) Posting of Permit to Operate. A person who has been granted under
Rule 200 (b) a permit to operate any article, machine, equipment,
or other contrivance described In Rule 200 (b), shall firmly affix
such permit to operate, an approved fadmlle, or other approved
Identification bearing the permit number upon the article, machine,
equipment or other contrivance 1n 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 mounted so as to be clearly visible in an accessible
place within 25 feet of the article, machine, equipment, or other
contrivance, or maintained readily available at all times on the
operating premises.
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(e) Alteration of Permit. A person shall not willfully deface, alter,
forge, counterfeit, or falsify any permit Issued under these Rules
and Regulations. Violation of Rule 200 (e) 1s a misdemeanor pur-
suant to the provisions of Section 24281 of the Health and Safety
Code of the State of California.
(f) Control Equipment. Nothing 1n this rule shall be construed to
authorize the control officer to require the use of machinery,
devices, or equipment of a particular type or design if the
required emission standard may be net by machinery, device, equip-
ment, product, or process change otherwise available.
(3.0) RULE 201. 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
contrivance mounted on such vehicle that would otherwise require
a permit under the provisions of these Rules and Regulations.
(b) Vehicles used to transport passengers or freight.
(c) Equipment utilized, exclusively in connection with any structure
which 1s 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
evaporative cooling of process water or not used for evapora-
tive cooling of water from barometric jets or from barometric
condensers.
(5) Equipment used exclusively for steam cleaning.
(6) Presses used exclusively for extruding metals, minerals,
plastics, or wood.
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(7) Equipment used exclusively for space heating other than boil-
ers.
(8) Equipment used for hydraulic or hydrostatic testing.
(9) All sheet-fed printing presses and all other printing presses
without dryers.
(10) Ovens used exclusively for the curing of plastics which are
concurrently being vacuum held to a mold or for the softening
or annealing of plastics.
(11) Equipment used exclusively for the dying or stripping
(bleaching) of textiles where no organic solvents, diluents or
thlnners are used.
(12) Equipment used exclusively to mill or grind coatings and mold-
Ing compound where all materials charged are in a paste form.
(13) Crucible type or pot type furnaces with a brimful capacity of
less than 450 cubic Inches or any molten metal.
(14) Equipment used exclusively for the melting or applying of wax
where no organic solvents, diluents or thlnners are used.
(15) Equipment used exclusively for bonding lining to brake shoes.
(16) L1nt traps used exclusively 1n conjunction with dry cleaning
tumblers.
(17) Equipment used 1n eating establishments for the purpose of
preparing food for human consumption.
(18) Equipment used exclusively to compress or hold dry natural gas.
(19) Tumblers used for the cleaning or deburring of metal products
without abrasive blasting.
(20) Shell core and shell mold manufacturing machines.
(21) Molds used for the casting of metals.
(22) Abrasive blast cabinet-dust filter Integral combination units
where the total internal volume of the blast section is 50
cubic feet or less.
(23) Batch mixers of five cubic feet rated working capacity or less.
(24) Equipment used exclusively for the packaging of lubricants or
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greases.
(25) Equipment used exclusively for the manufacture of water
emulsions of asphalt, greases, oils or waxes.
(26) Ovens used exclusively for the curing of vinyl plastisols
by the closed mold curing process.
(27) Equipment used exclusively for the mixing and blending or
materials at ambient temperature to make water-based
adhesives.
(28) Equipment used exclusively for conveying and storing plastic
pellets.
(29) Platen presses used for laminating.
(30) Smokehouses In which the maximum horizontal Inside cross-
sectional area does not exceed 20 square feet.
(31) Orchard heaters.
(e) The following equipment or any exhaust system or collector serving
exclusively such equipment:
(1) Blast cleaning equipment using a suspension of abrasive 1n
water.
(2) Ovens, mixers and blenders used in bakeries where the products
are edible and Intended for human consumption.
(3) Kilns used for firing ceramic ware, heated exclusively by
natural gas, liquified petroleum gas, electricity or any
combination thereof.
(4) Laboratory equipment used exclusively for chemical or physical
analyses and bench scale laboratory equipment.
(5) Equipment used for Inspection of metal products.
(6) Confection cookers where the products are edible and intended
for human consumption.
(7) Equipment used exclusively for forging, pressing, rolling or
drawing of metals or for heating metals Immediately prior to
forging, pressing, rolling or drawing.
(8) Die casting machines.
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(9) Atmospheric generators used 1n connection with metal heat
treating processes.
(10) Photographic process equipment by which an Image 1s reproduced
upon material sensitized to radiant energy.
(11) Brazing, soldering, or welding equipment.
(12) Equipment using aqueous solutions for surface preparation,
cleaning, stripping, etching, (does not Include chemical
milling) or the electrolytic plating with electrolytic
polishing of, or the electrolytic stripping of bronze, brass,
cadmium, copper, Iron, lead, nickel, tin, zinc, and precious
metals.
(13) Equipment used exclusively for the sintering of glass or
metals.
(14) Equipment used for washing or drying products fabricated from
metal, cloth, fabric, or glass, provided that no volatile
organic materials are used 1n the process and that no oil or
solid fuel 1s burned.
(15) Laundry and dry cleaning equipment used for cleaning fabrics.
(16) Foundry sand mold forming equipment to which no heat Is
applied.
(17) Ovens used exclusively for curing potting materials or castings
made with epoxy resins.
(18) Equipment used to liquify or separate oxygen, nitrogen or the
rare gases from the air.
(19) Equipment used for compression molding and injection molding
of plastics.
(20) Mixers for rubber or plastics where no material in powder
form 1s added and no organic solvents, diluents or thinners
are used.
(21) Equipment used exclusively to grind, blend, or package tea,
cocoa, spices or roasted coffee by retail establishments.
(22) Equipment used exclusively to package Pharmaceuticals and
cosmetics or to coat pharmaceutical tablets.
(23) Roll mills or calenders for rubber or plastics where no
organic solvents, diluents, or thinners are used.
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(24) Vacuum producing devices used in laboratory operations or in
connection with other equipment which is exempt by Rule 201.
(25) Equipment used for non-commercial buffing (except automatic
or semi-automatic tire buffers) or polishing, carving,
cutting, drilling, machining, routing, sanding, sawing,
surface grinding or turning or ceramic artwork, ceramic
precision parts, leather, metals, plastics, rubber, fiber-
board, masonry, asbestos, carbon or graphite.
(26) Equipment used for non-commercial carving, cutting, drilling,
surface grinding, planing, routing, sanding, sawing, shredding
or turning of wood, or the pressing or storing of sawdust,
wood chips, or wood shavings.
(f) Steam generators, steam superheaters, water boilers, water heaters,
and closed heat transfer systems of 15 million BTU per hour capacity
or less that are fired exclusively with natural gas or liquified
petroleum gas or any combination thereof.
(g) Natural draft hoods, natural draft stacks or natural draft ventilators
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 synthetic
resins which contain no organic solvents.
(3) Storage of liquified gases.
(4) Unheated storage of organic materials with an initial boiling
point of 300° or greater.
(5) The storage of fuel oils and lubricating oils.
(6) The storage or organic liquids, Including gasoline, normally
used as solvents, diluents or thinners, inks, colorants, paints,
lacquers, enamels, varnishes, liquid resins or other surface
coatings.
(7) The storage of liquid soaps, liquid detergents, waxes, wax
emulsions, or vegetable oils.
(8) The storage of asphalt.
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(9) Unheated solvent dispensing containers, unheated non-
conveyorlzed solvent rinsing containers or unheated
non-conveyorlzed coating dip tanks of 1.000 gallons capacity
of less.
(10) Transporting materials on streets or highways.
(11) Storage of gasoline 1n underground tanks having a capacity of
10,000 gallons or less.
(1) Natural gas-fired or liquified petroleum gas-fired or electrically
heated furnaces for heat treating glass or metals, the use of
which does not Involve molten materials.
(j) Crucible furnaces, pot furnaces or Induction furnaces, with a
capacity of 1,000 pounds or less each, in which no sweating or
distilling 1s conducted and from which only the following metals
are poured or 1n which only the following metals are held in a
molten state:
(1) Aluminum or any alloy containing over 50 percent aluminum.
(2) Magnesium or any alloy containing over 50 percent magnesium.
(3) Lead or any alloy containing over 50 percent lead.
(4) Tin or any alloy containing over 50 percent tin.
(5) Zinc or any alloy containing over 50 percent zinc.
(6) Copper.
(7) Precious metals.
(k) Furnaces for the melting of lead or any alloy, or the holding of
lead or any alloy in a molten state where the metal 1s used
exclusively In printing processes.
(1) Vacuum cleaning systems used exclusively for Industrial, commercial
or residential housekeeping purposes.
(m) Structural changes which cannot change the quality, nature or
quantity of air contaminant emissions.
(n) Repairs or maintenance not Involving structural changes to any equip-
ment for which a permit has been granted.
(o) Identical replacements in whole or in part of any article, machine,
equipment or other contrivance where a permit to operate has
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(p) Any article, machine, equipment, contrivance or their exhaust
systems, the discharge from which contains air contaminants only
1n the form of radioactive materials.
Atomic energy development and radiation protection are controlled
by the State of California to the extent it has jurisdiction
thereof, in accordance with the advice and recommendations made
to the Governor by the Advisory Council on Atomic Energy Develop-
ment and Radiation Protection. Such development and protection
are fully regulated by the United States Atomic Energy Commission
to the extent that such authority has net been delegated to the
states.
(3.0) RULE 202. Transfer.
Any permit or written authorization Issued hereunder shall not be trans-
ferable, by operation of law or otherwise, from one location to another,
from one piece of equipment ot another, or from one person to another.
(3.0) RULE 203. Time to Obtain Permit to Operate.
Notwithstanding the provisions of Rule 200 requiring a permit to operate,
a person who, prior to July 1, 1970, operated or used any article,
machine, equipment, or other contrivance in compliance with all laws,
statutes, and ordinances, for the operation and use of which these
Rules and Regulations require a permit to operate, may continue to
operate or use such article, machine, equipment or contrivance until
January 1, 1971, without obtaining a permit to operate.
On and after January 1, 1971, no person shall operate or use any article,
machine, equipment, or other contrivance, for the use of which these
Rules and Regulations require a permit to operate, without having
obtained said permit to operate or having secured a variance from the
Hearing Board pursuant to Regulation VI of these Rules and Regulations;
provided, however, it is the policy of this Board that all persons should
bring their processes into complicance with these permit requirements
within the time specified by the Hearing Board.
(3.0) RULE 204. Applications.
Every application for an authority to construct or any permit required
under Rule 200 shall be filed in the manner prescribed by the Air
Pollution Officer, on a 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 determination required by Rule
208 hereof.
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(3.0) RULE 205. Cancellation of Applications.
An authority to construct shall expire and the application shall be
cancelled 2 years from the date of Issuance of the authority to construct;
provided* however, that when a period of longer than 2 years Is stated
1n the application to be required for the construction, the authority
to construct shall expire and the application shall be cancelled upon
the expiration of such construction period, but 1n any event not later
than five years from the date of Issuance of the authority to construct.
(3.0) RULE 206. Action on Applications.
The Air Pollution Control Officer shall act within 60 days after receipt
of an application for authority to construct, or permit to operate or
permit to sell or rent, as stated In Section 24263 of the Health and
Safety Code, or within 30 days after the applicant furnishes additional
Information requested by the Air Pollution Control Officer; and shall
notify the applicant 1n writing by mall or in person of the action taken;
namely approval, conditional approval or denial. Notice of the action
taken shall be deemed to have been given when the written notification
has been deposited in the mail, postpaid, addressed to the address shown
on the application, or when personally delivered to the applicant or his
representative.
(3.0)
(9.0)
RULE 207. Provision of Sampling and Testing Facilities.
A person operating or using any article, machine, equipment, or other
contrivance for which these rules require a permit shall provide and
maintain such sampling and testing facilities as specified in the
authority to construct or permit to operate.
(3.0) RULE 208. Standards for Granting Applications.
(a) The Air Pollution Control Officer shall deny an authority to construct,
permit to operate or use, or permit to sell or rent, except as pro-
vided in Rule 209 if the applicant does not show that every article,
machine, equipment or other contrivance, the use of which may cause
the Issuance or air contaminants or the use of which may eliminate
or reduce or control the Issuance of air contaminants, 1s so designed,
controlled, or equipped with such air pollution control equipment
that it may be expected to operate without emitting air contaminants
in violation of Sections 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
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Into the atmosphere from the article, machine, equipment or other
contrivance described 1n the authority to construct or permit to
operate. In the event of such requirement, the A1r 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 Industrial Safety Orders of the State of California.
(c) In acting upon a permit to operate, if the Air Pollution Control
Officer finds that the article, machine, equipment or other con-
trivance has not been constructed in accordance with the authority
to construct, he shall deny the permit to operate. The A1r Pollution
Control Officer shall not accept any further application for permit
to operate the article, machine, equipment, or other contrivance
so constructed until he finds that the article, machine, equipment
or other contrivance has been constructed 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 A1r Pollution Control District.
(3.0) RULE 209. Conditional Approval.
(a) The Air Pollution Control Officer may issue an authority to
construct or permit to operate or use, subject to conditions
which will bring the operation of any article, machine, equip-
ment or other contrivance within the standards of Rule 208,
in which case the conditions shall be specified in writing.
Commencing work under such an authority to construct or
operation under such a permit to operate shall be deemed
acceptance of all the conditions so specified. The Air
Pollution Control Officer shall Issue an authority to con-
struct 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 208 under the revised
conditions.
(b) The Air Pollution Control Officer may issue a permit to sell
or rent, subject to conditions which will bring the operation
of any article, machine, equipment or other contrivance within
the standards of Rule 208, in which case the conditions shall
be specified in writing. Selling or renting under such a
permit to sell or rent shall be deemed acceptance of all condi-
tions so specified. The A1r Pollution Control Officer shall
issue a permit to sell or rent with revised conditions upon
receipt of a new application, if the applicant demonstrates that
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the article, machine, equipment or other contrivance 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 an authority to construct, permit to operate
or permit to sell or rent, the A1r Pollution Control Officer shall notify
the applicant 1n writing of the reasons therefore. Service of this
notification may be made in person or by mall, addresses to the appli-
cant at the address set forth on the application, and such service may
be proved by the written acknowledgement of the persons served or
affidavit of the person making the service. The Air Pollution 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 authority to constuct, the
permit to operate or the permit to sell or rent.
(3.0) RULE 211. Further Information.
Before acting on an application for authority to construct, permit to
operate or permit to sell or rent, the A1r Pollution Control Officer may
require the applicant to furnish information or further plans or speci-
fications.
(3.0) RULE 212. Applications Deemed Denied.
The applicant may at his option deem the authority to construct, permit to
operate, or permit to sell or rent denied if the Air Pollution Control
Officer fails to act on the application within 60 days after filing, or
within 30 days after applicant furnishes the further information, plans
and specifications requested by the A1r Pollution Control Officer, which-
ever is later.
(3.0) RULE 213. Appeals.
Within 10 days after notice by the Air Pollution Control Officer of denial
or conditional approval of an authority to construct, permit to operate
or use or permit to sell or rent, or within 10 days after the application
Is deemed denied pursuant to Rule 212, 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 sustain, reverse or modify the action of the Air Pollution
Control Officer; such order may be made subject to specified conditions
(14.0) RULE 214. Public Availability of Emission Data. (Revised 7-15-76)
(a) In accordance with provisions of the Government Code Section 6254.7,
all information, analysis, plans or specification that disclose the
nature, extent, quantity, or degree of air contaminants or other
pollution which any article, machine, equipment, or other contrivance
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will produce which the 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 or other pollution monitoring data, Including data
compiled from stationary sources, are public records.
(c) Except as otherwise provided In d., trade secrets are not public
records under the Regulation. Trade secrets, as used 1n this
Regulation may Include, but are not limited to any formula, plan
pattern, process, tool, mechanism, compounds, procedure, production
rate, or compilation of information which 1s not patented, which is
known only to certain Individuals within a commercial concern who
are using it to fabricate, produce, or compound an article of trade
or a service having commercial value and which gives Its users an
opportunity to obtain a business advantage over competitors who do
not know or use it. The owner or operator shall state in writing
his justification for claiming material as trade secrets and such
justification shall be public record. The Air Pollution Control
Officer shall rule on the validity of trade secret claims within
fifteen (15) days after receipt of the request. In cases of
rejection, the Air Pollution Control Officer shall promptly notify
the person making the justification, in writing, that the records
in question shall, within twenty-one (21) days be subject to
public Inspection unless a justification is received and accepted.
(d) Notwithstanding any otherprovlsions of the law, all air pollution
emission data, including these emission data which constitute
trade secrets as defined in (c) are public records. Data used to
calculate emission data are not emission data for purposes of this
rule and data which constitute trade secrets and which are used to
calculate emission data are not public records.
(e) Upon request, any specific public records in the possession of the
District will be made available to the public within fifteen (15) days,
If, for good cause, the Information cannot be made available within
the fifteen (15) days, the Air Pollution Control Officer shall
notify the requesting person of the reason for the delay and when
the information will be available. Requests from the public for
records shall be in writing, shall be specific and in sufficient
detail to enable the District to readily Identify the information
requested.
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REGULATION III - FEES
(3.0) RULE 300. Permit Fees.
(a) Filing Fee. Every applicant, except any state or local governmental
agency or public district, for an authority to construct or a
permit to operate any article, machine, equipment or other con-
trivance, for which an authority to construct or permit to operate
is required by (the State law or) the Rul«s and Regulations of the
Air Pollution Control District, shall pay a filing fee of $20.00.
Where an application 1s 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 200 and no alteration, addition or transfer
of location without permit has been made, the applicant shall pay
only a $10.00 filing fee.
(b) Permit Fee. Every applicant, except any state or local governmental
agency or public district, for a permit to operate, who files appli-
cation 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 Rule 301 provided,
however, that the filing fee shall be applied to the fee prescribed
for the issuance of the permit to operate.
Every person who operated an article, machine, equipment or other
contrivance under the provisions of Rule 200 (c) of the San Bern'to
County Air Pollution Control District shall obtain a written permit
on or before January 1, 1975. No filing fee will be charged, and
the permit fee shall be equivalent to an annual renewal fee under
these regulations.
(c) Permit Fee Penalty. When the permit is issued, it shall be
accompanied by a statement of the fee to be paid therefor. If the
fee 1s not paid within 30 days after the permit is issued, the fee
shall be Increased by one-half the amount thereof and the Air Pollu-
tion Control Officer shall thereupon promptly notify the applicant
of the increased fee by mall. If the increased fee is not paid within
60 days after the permit is Issued, the application shall be deemed
withdrawn and canceled. The Air Pollution ControlOfficer shall so
notify the applicant by mall, and the permit shall be void.
(d) Permit Granted by Hearing Board. In the event that a permit to
operate Is granted by the Hearing Board after denial by the Air Pollu-
tion Control Officer, the provisions of paragraph (c) hereof shall
apply.
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(e) Cancellation or Denial. If an application for an authority to
construct or a permit to operate 1s canceled or 1f an authority
to construct or permit to operate 1s denied and such denial becomes
final, the filing fee required herein shall not be refunded nor
applied to any subsequent application.
(f) Transfer of Location. Where an application is filed for a permit
to operate any article, machine, equipment or other contrivance
by reason of transfer of location and where a permit to operate had
previously been granted for such equipment under Rule 200 and no
alteration or addition without permit has been made, the applicant
shall pay only the amount of the filing fee required herein. The
annual renewal fee at the new location shall be the same as if there
had been no change in location and the anniversary date for payment
of the renewal fee will remain unchanged.
(g) Alteration of Equipment. Where an application is filed for an
authority to construct or a permit to operate exclusively involving
alterations or additions resulting in a change to any existing
article, machine, equipment or other contrivance holding a permit
under the provisions of Rule 200 of these Rules and Regulations, 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 Thermal 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 resulting from such alterations 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. Where a new permit
is granted because of alterations or additions to equipment which
had previously been granted a permit under Rule 200, the annual
renewal fee will be calculated on the basis of the new rating and will
continue to be due and payable on the anniversary date of the original
permit.
(h) Revising Permit Conditions. Where an application is filed for a
permit to operate exclusively involving revisions to the conditions
of an existing permit to operate, the applicant shall pay only the
amount of the filing fee required herein. The annual renewal fee will
continue to be due and payable on the anniversary date of the original
permit.
(1) Annual Renewal Fee. Annually on the anniversary of the issuance of
a permit to operate previously granted by the Monterey-Santa Cruz
County Unified Air Pollution Control District, or the San Benito
County Air Pollution Control District, or under Rule 200, the permit-
tee shall pay a renewal fee amounting to one-fourth of the initial
permit fee under current fee schedules. The holder of permits with
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more than one anniversary date may adjust annual renewal payments
to a single anniversary date by prorating renewal fee(s) as neces-
sary. If the renewal fee 1s not paid within 30 days after it
becomes due, the fee shall be Increased by one-half the amount
thereof, and the A1r Pollution Control Officer shall thereupon
promptly notify the permittee by mall of the Increased fee. If the
Increased fee 1s not paid within 30 days after such notice, the
permit shall be automatically revoked and the Air Pollution Control
Officer shall so notify the permittee by mall.
(j) 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.
(k) Duplicate Permit. A request for a duplicate permit to operate shall
be made in writing to the A1r Pollution Control Officer within 10
days after the destruction, loss or defacement or a permit to operate
and shall contain the reason duplicate permit Is being requested. A
fee of $5.00 shall be paid except by any state or local governmental
agency or public district, for Issuing a duplicate permit to operate.
(3.0) RULE 301. Permit Fee Schedules.
It 1s hereby determined that the cost of Issuing permits, and of Inspec-
tions pertaining to such Issuance exceeds the fee prescribed herein. In
the event that more than one fee schedule 1s applicable to a permit to
operate, the governing schedule shall be that which results in the higher
fee. Where a group of articles, machines, equipment, or other contrivances
are included in a single permit, the permit fee shall be based on the
total rating of the group.
SCHEDULE I
ELECTRIC MOTOR HORSEPOWER SCHEDULE
Any article, machine, equipment, or other contrivance where an electric
motor is used as the power supply shall be assessed a permit fee based on
the total rated motor horsepower of all such electric motors included in
any such article, machine, equipment or other contrivance, in accordance
with the following schedule:
HORSEPOWER FEE
up to and including 5 $ 20.00
greater than 5 but less than 15 40.00
15 or greater but less than 30 60.00
30 or greater but less than 45 80.00
45 or greater but less than 65 120.00
65 or greater but less than 125 200.00
125 or greater but less than 200 320.00
200 or greater 500.00
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SCHEDULE 2
FUEL BURNING EQUIPMENT SCHEDULE
Any article, machine, equipment or other contrivance 1n which fuel 1s
burned, with the exception of Incinerators which are covered 1n Schedule
4, shall be assessed a permit fee based upon the design fuel consumption
of the article, machine, equipment or other contrivance expressed 1n
thousands of British Thermal Units (BTU) per hour, using gross heating
values of the fuel, in accordance with the following schedule:
1000 BRITISH THERMAL UNITS PER HOUR FEE
up to and Including 150 $ 20.00
greater than 150 but less than 500 40.00
500 or greater but less than 1,500 60.00
1,500 or greater but less than 5,000 80.00
5,000 or greater but less than 15,000 120.00
15,000 or greater but less than 50,000 200.00
50,000 or greater but less than 150,000 300.00
. 150,000 or greater but less than 500,000 400.00
500,000 or greater.. 500.00
SCHEDULE 3
ELECTRICAL ENERGY SCHEDULE
Any article, machine, equipment or other contrivance which uses electrical
energy, with the exception of electric motors covered in Schedule 1, shall
be assessed a permit fee based, on the total kllovolt ampere (KVA) ratings,
in accordance with the following schedule:
KILOVOLT AMPERE £11
up to and Including 45 $ 20.00
greater than 45 but less than 145 40.00
145 or greater but less than 450 60.00
450 or greater but less than 1,450 80.00
1,450 or greater but less than 4,500 120.00
4,500 or greater but less than 14,500 200.00
14,500 or greater but less than 45,000 300.00
45,000 or greater but less than 145,000 400.00
145,000 or greater 500.00
SCHEDULE 4
INCINERATOR SCHEDULE
Any article, machine, equipment or other contrivance designed and used
primarily to dispose of combustible refuse by wholly consuming the
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(2.0)
(9.0)
material charged leaving only the ashes or residue shall be assessed a
permit fee based on the following schedule 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 3 $ 20.00
greater than 3 but less than 6 40.00
6 or greater but less than 9 60.00
9 or greater but less than 16 80.00
16 or greater but less than 27 100.00
27 or greater but less than 45 160.00
47 or greater but less than 90 200.00
90 or greater but less than 200 300.00
200 or greater 400.00
SCHEDULE 5
STATIONARY CONTAINER SCHEDULE
Any stationary tank, reservoir, or other container shall be assessed a
permit fee based on the following schedule or capacities in gallons or
cubic equivalent:
GALLONS FEE
upt to and including 4,000. $ 20.00
greater than 4,000 but less than 10,000 40.00
10,000 or greater but less than 40,000 80.00
40,000 or greater but less than 400,000 120.00
400,000 or greater but less than 4,000,000 160.00
4,000,000 or greater 200.00
SCHEDULE 6
MISCELLANEOUS SCHEDULE
Any article, machine, equipment or other contrivance for which a permit
to operate 1s required and which is not included in the preceding
schedules shall be assessed a permit fee of $20.00
RULE 302. Analysis Fees.
Whenever the A1r Pollution Control Officer finds that an analysis of the
emission from any source 1s necessary to determine the extent and amount
of pollutants being discharged Into the atmosphere which cannot be
determined by visual observation, he may order the collection of samples
and the analysis made by qualified personnel of the Air Pollution
Control District. The time required for collecting samples, making
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the analysis, and preparing the necessary reports, but excluding time
required in going to and from such premises shall be charged against
the owner or operator of said premises 1n a reasonable sum to be deter-
mined by the Air Pollution Control Officer, which said sum is not to
exceed the actual cost of such work.
(2.0) RULE 303. Technical Reports - Charges For;
(13.0)
Information, circulars, reports of technical work, and other reports
prepared by the Air Pollution Control Districts 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.
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REGULATION IV - PROHIBITIONS
(50.1.2) RULE 400. Ringelmann 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 1n any one hour which is:
(a) As dark or darker in shade as that designated as No. 1 on the
Ringelmann Chart, as published by the United States Bureau of Mines,
or
(b) Of such opacity as to obscure an observer's view to a decree equal
to or greater than does smoke described in subsection (a) of this
rule.
(50.1.2) RULE 401. Wet Plumes.
Where the presence of uncombined water 1s the only reason for the failure
of an emission to meet the limitations of Rule 400, that rule shall not
apply. The burden of proof which establishes the application of this Rule
401 shall be upon the person seeking to come within its provisions.
(50.7) RULE 402. 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 403. Particulate Matter.
(a) Concentration: A person shall not discharge from any source whatso-
ever particulate matter 1n excess of 0.15 grain per standard dry cubic
foot of exhaust gas.
(b) Process Weight: A person shall not discharge in any one hour from
any source whatsoever particulate matter 1n excess of the amount
shown in Table I.
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TABLE I
ALLOWABLE RATE OF EMISSION BASED ON PROCESS
WEIGHT RATE (a)
(50.2)
(50.3)
Process Weight Rate of
Rate Emission
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
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
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
Process Weight
Rate
Lb/Hr
8,000
9.000
10,000
12,000
16,000
18,000
20,000
30,000
40,000
50,000
60,000
or more
Tons/Hr
4.00
4.50
5.00
6.00
8.00
9.00
10.00
15.00
20.00
25.00
30.00
Rate of
Emission
Lb/Hr
10.4
11.2
12.0
13.6
16.5
17.9
19.2
25.2
30.5
35.4
40.0
(a) Interpolation of the date in this Table shall be accomplished by the
use of the equation:
E = 4.10 P°'67
E = rate of emission in Ibs/hr
P » process weight rate 1n tons/hr
RULE 404. Sulfur Compounds and Nitrogen Oxides.
A person shall not discharge from any single source whatsoever any one or
more of the following contaminants 1n any state or combination thereof,
exceeding in concentration or amount at the point of discharge to the
atmosphere:
(a) Sulfur compounds calculated as sulfur dioxide: 0.2 per cent by volume.
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(b) Nitrogen oxides, calculated as nitrogen dioxide (N0?): 140 pounds per
hour from any new or expanded boiler, furnace, jet engine, or
similar fuel burning equipment used for the production of power or
heat.
(c) (9-16-76) From fuel burning equipment having a maximum heat input of
more than 1 1/2 billion BTU per hour (gross), flue gas having a con-
centration of nitrogen oxides calculated as nitrogen dioxide (N02)
in parts per million parts of flue gas (ppmi) by volume at 3 per cent
oxygen: 225 ppm with natural gas, liquid or solid fuel.
(2.0) RULE 405. Exceptions.
Rules 400, 403 and 404 do not apply to:
(a) Fires 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 1n the opinion of such officer 1s necessary:
(1) For the purpose of the prevention of a fire hazard which cannot
be abated by other means, or
(2) The instruction of public employees in the methods of fighting
fire.
(b) Fires set pursuant to a permit on property used for industrial pur-
poses 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 an orchard, field crop, or citrus grove heater which does
not produce unconsumed, solid carbonaceous matter at a rate in excess
of that allowed by state law.
(e) The use of other equipment In agricultural operations in the growing
of crops, or raising of fowls* or animals.
(2.0) RULE 406. Additional Exception.
The provisions of Rule 402, relating to odors, do not apply to odors
emanating from agricultural operation 1n the growing of crops or raising of
fowls or animals (Section 41705).
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(51.13) RULE 407. Open Outdoor Fires.
A person shall not burnv any combustible refuse in any open outdoor fire
within the boundaries of the Monterey Bay Unified Air Pollution Control
District, except:
(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:
(1) For the purpose of the prevention of a fire hazard which cannot
be abated by other means, or
(2) The instruction of public employees in the methods of fighting
fire.
(b) When such fire is set pursuant to permit on property used for
industrial purposes for the purpose of instruction of employees in
methods of fighting fire.
(c) Agricultural fires necessary to maintain and continue an agricultural
operation set or permitted by a fire official having jurisdiction
in the performance of official duty for the purposes of:
(1) Control and disposal of agricultural wastes.
(2) Range improvement burning.
(3) Forest management burning.
(4) Fires set in the course of any agricultural operation in the
growing of crops, or raising of fowls, animals or bees.
(d) Safety flares for the combustion of waste gases.
(e) On burn days only, fires for disposal of household rubbish of a
single or two-family dwelling on its premises, in an area not served
on a weekly basis by an organized solid waste disposal service.
(f) On burn days only, between December 1 and March 31, fires for disposal
of yard trimmings and brush originating on and being burned on the
premises of a single or two family dwelling.
(g) Within the San Benito County zone, fires for disposal of household
rubbish of a single or two-family dwelling on its premises.
(h) Fires used only for the cooking of food for human beings or for
recreational purposes.
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(1) Fires, on burn days only, used for the clearing of rights-of-way
by a public entity or public utility where access by chipping
equipment 1s not available by existing means or for reservoir
maintenance.
(j) Except 1n case of emergency, permits for the setting of a fire or
fires permitted by paragraphs (a), (b), (e) and (1) of this rule shall
be granted by the public official having Jurisdiction only after
consultation with the A1r Pollution Control Officer.
(k) Mechanized burners may be used as provided in section 41812, Division
26, State Health and Safety Code.
(51.9) RULE 408. Incinerator Burning.
A person shall not burn any combustible refuse in any Incinerator, except
in a multiple-chamber Incinerator as described in Rule 101 (n), or in
equipment found by the Air Pollution Control Officer 1n advance of such
use to be equally effective for the purpose of air pollution control as an
approved multiple-chamber Incinerator.
(a) Household rubbish and yard trimmings and brush in an area not served
on a weekly basis by an organized solid waste disposal service.
(b) Within the San Benito County Zone:
(1) Household rubbish and yard trimmings of a single or two family
dwelling on its premises.
(2) Incinerators in operation before January 1, 1975, burning
combustible refuse from other residential, commercial, or
industrial establishments.
(51.13) RULE 409. Burning of Agricultural Wastes.
(a) (1) Material to be burned shall be as dry as feasible prior to
burning, and shall be free from combustible impurities such as
tires, tar paper, rubbish, plastics, demolition or construction
debris, and shall be reasonable free of dirt, soil, and visible
surface moisture.
(2) Trees and branches over two Inches in diameter shall have
been dried for at least 60 days prior to burning.
(3) Branches under two inches In diameter and prunings shall have
been dried for at least 30 days prior to burning.
(4) Wastes from field crops that are cut in a.green condition shall
have been dried for at least 10 days prior to burning.
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(5) Material to be burned shall be so arranged as to burn with a
minumum of smoke.
(6) Empty fertilizer and pesticide sacks or containers may be
burned on burn days only in the field where the sacks or
containers are emptied or 1n other areas approved by the A1r
Pollution Control Officer.
(b) The following practices shall not be followed:
(1) Burning of garlic tops in the harvesting operation.
(2) The use of oil or tires in connection with the ignition or
burning or agricultural wastes, roadsides, ditch banks, or
patches or vegetation.
(c) No agricultural wastes shall be burned without a permit issued by a
fire protection authority designated by the State Air Resources
Board. In condition to the Issuance of a permit, each applicant
shall provide the Information required by the issuing agency on forms
prepared jointly by said agency and the District. The permit may
place a limit upon the amount of materials to be burned in any one
day and the hours of the day during which time the material may
be burned.
(51.13) RULE 410. Range Improvement Burning.
(a) No range improvement or forest management burning may be done without
first having obtained a permit from the-California Division of
Forestry or other designated agency.
(b) No person shall conduct range improvement burning on "no burn" days
as announced daily by the California Air Resources Board for the
North Central Coast Air Basin except as follows:
(1) Where a commitment for a "burn" has been given by the Air
Resources Board 1n advance as prescribed by the State Guide-
lines and such commitment has not been canceled by the Air
Resources Board in advance of such a burn date.
(c) Range improvement burning when permitted shall conform to the follow-
ing criteria:
(1) Before a permit may be issued for a range improvement burn a
plan for the burn shall be submitted by the owner, or his agent,
of the land on which the burn is proposed to the District and
the California Division of Forestry, or other designated agency.
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(2) The plan shall cover the following:
Ownership, location, equipment available, manpower available,
fireguard locations/proposed date and hours of burn, treat-
ment given to trees and brush, method and plan for Ignition,
location of populated areas, If any, within 20 miles of the
exterior boundaries of the burn, or any other Information
required by the District or the Division of Forestry or other
designated agency.
(3) Prior to Issuance of a permit hereunder the plan for the
proposed burn must be satisfactory to the District and the
California Division of Forestry, or other designated agency.
(4) Where economically and technically feasible, brush shall be
treated by chemical or mechanical means at least 6 months
prior to a proposed burn, to kill or uproot the brush in
order to Insure rapid combustion.
(5) Unwanted trees over 6" 1n diameter in the burn area or those
not effectively treated at the time of the brush treatment shall
be felled at least 3 months prior to the burn, but a longer
time may be required where conditions warrant.
(6) The burn shall be Ignited only be devices and methods approved
by the California Division of Forestry and Ignitions shall
be as rapid as practicable within applicable fire control
restrictions.
(7) Not more than one control burn shall be conducted within a
zone in any one five-day period.
(8) The number of acres in any one burn may be limited by the
District, taking into consideration matters which would affect
the ambient air quality of the District, and particularly the
effects on nearby population areas.
(9) Burning being done primarily for Improvement of land for wild-
life and game habitat shall require the filing with the
District a permit obtained from the Department of F1sh and
Game certifying the burning 1s desirable and proper for the
improvement of land for wildlife and game habitat.
(10) Burning shall not commence when wind direction is toward a
populated area which would be adversely affected by the burn.
(51.13) RULE 411. Forest Management Burning.
(a) No forest management burning may be done without first having obtained
a permit from the California Division of Forestry or other designated
agency.
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(b) No person shall conduct forest management burning on "no burn"
days as announced dally by the California Air Resources Board for
the North Central Coast A1r Basin.
(c) Forest management burning when permitted shall conform to the follow-
ing criteria:
(1) Before a permit may be issued for a forest management burn, a
plan for the burn shall be submitted by .the jowner, or his agent,
of the land on which the burn is proposed, to the district and
the California Division of Forestry, or other designated
agency.
(2) Where economically and technically feasible, unwanted trees
and brush shall be treated by chemical or mechanical means at
least 6 months prior to the proposed burn to kill or uproot the
trees or brush in order to Insure rapid combustion.
(3) Wastes shall be dried sufficiently to insure rapid combustion.
(4) Waste to be burned shall be free from tires, rubbish, tar paper,
and construction and demolition debris.
(5) Where possible, unless good management dictates otherwise,
waste to be burned shall be windrowed or piled so as to burn
with a minimum of smoke.
(6) Piled or windrowed waste should be reasonably free from soil or
surface moisture.
(7) Not more than one forest management burn shall be conducted
within the District in any one three-day period.
(8) The amount of material in any one burn may be limited by the
District, taking Into consideration matters which would affect
the ambient air quality of the District.
(9) The material to be burned shall be Ignited only by devices
approved by the California Division of Forestry and ignition
shall be as rapid as practicable within applicable fire control
restrictions.
(10) Burning shall not commence when wind direction is toward a
populated area which would be adversely affected by the burn.
(50.2) RULE 412. Sulfur Content of Fuels.
(a) No person shall burn within the District any gaseous fuel containing
sulfur compounds in excess of 50 grains per 100 cubic feet of gaseous
fuel, calculated as hydrogen sulfide at standard conditions, or any
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liquid fuel or solid fuel having a sulfur content In excess of
0.5 per cent by weight.
Except as stated 1n subsection (b) of this rule, the provisions of
this rule shall not apply to:
(1) The burning of sulfur, hydrogen sulflde, add sludge or other
sulfur compounds in the manufacturing of sulfur or sulfur
compounds.
(2) 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 Incin-
erate such waste gases does not contain sulfur compounds In
excess of the amount specified 1n this Rule.
(3) The use of solid fuels 1n any metallurgical process.
(4) The use of fuels where the gaseous products of combustion are
used as raw materials for other processes.
(5) The use of liquid, or solid fuel, to propel or test any vehicle,
aircraft, missile, locomotive, boat or ship.
(6) The use of liquid fuel whenever the supply of gaseous fuel, the
burning of which Is permitted by this rule, 1s 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.
(7) 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.
(b) Notwithstanding the provisions of paragraphs (6) and (7) for sub-
section (2) of this rule, a person shall not burn in any fuel burning
equipment of more than 15 million BTU per hour capacity any liquid or
solid fuel having a sulfur content in excess of 0.5% by weight. It
shall not be a violation of this rule to bum such fuel for a period
not to exceed three successive calender days (and in addition, for
that period of time necessary for the Hearing Board to render a
decision, providing that an application for a variance is filed
within said three days period) when other fuel which complies with
this rule is not available due to accident, strike, sabotage or act
of God.
(50.2) RULE 413. Removal of Sulfur Compounds.
The provisions of Rule 412 shall not apply where sulfur compounds are
removed from combustion products, or a mixure of fuels is used to the
extent that the emission of sulfur compounds to the atmosphere is no
greater than that which would be emitted by using a liquid or solid fuel
complying with Rule 412.
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(51.21) RULE 414. Reduction of Animal Hatter.
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 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
effluent 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 Permit to
Operate or as specified by the Air Pollution Control Officer, for
recording temperature, pressure or other operating conditions.
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.
(2.0) RULE 415. 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
violation of Division 26, Chapter 8, Part 3 of the Health and Safety
Code of the State of California or of these Rules and Regulation. This
rule shall not apply to cases in which the only violation involved is of
Section 41700 of the Health and Safety Code of the State of California,
or of Rule 402 of these Rules and Regulations.
(50.7) RULE 416. Organic Solvents.
(a) A person shall not discharge more than 15 pounds of organic materials
into the atmosphere in any one day, nor more than 3 pounds in any
one hour, from any article, machine, equipment or other contrivance
in which any organic solvent or any material containing organic
solvent comes into contact with flame or 1s baked, heat-cured or
heat-polymerized, in the presence of oxygen, unless said discharge
has been reduced by at least 85 percent. Those portions of any
series of articles, machines, equipment or other contrivances
designed for processing a continuous web, strip or wire which emit
organic materials and use continuous operations described in this
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section shall be collectively subject to compliance with this
section.
(b) A person shall not discharge more than 40 pounds of organic materials
into the atmosphere 1n any one day, nor more than 8 pounds 1n any
one hour, from any article, machine, equipment, or other contrivance
used under conditions other than described 1n section (a), for
employing, or applying, any photochemlcally reactive solvent, as
defined in section (j), or material containing such photochemlcally
reactive solvent, unless said discharge has been reduced by at
least 85 percent. Emissions of organic materials into the atmos-
phere resulting from air or heated drying of products for the first
12 hours after their removal from any article, machine, equipment,
or other contrivance described in this section shall be Included
in determining compliance with this section. Emissions resulting
from baking, heat curing or heat-polymerizing as described in
section (a) shall be excluded from determination of compliance with
this section. Those portions of any series of articles, machines,
equipment or other contrivances designed for processing a continuous
web, strip or wire which emit organic materials and use operations
described in this section shall be collectively subject to compliance
with this section.
(c) A person shall not discharge Into the atmqsphere more than 3,000
pounds of organic materials in any one day, nor more than 450 pounds
in any one hour, from any article, machine, equipment or other
contrivance in which any non-photochemically reactive organic solvent
or any material containing such solvent 1s employed or applied, unless
said discharge has been reduced by at least 85 percent. Emissions of
organic materials into the atmosphere resulting from air or heated
drying of products for the first 12 hours after their removal from
any article, machine, equipment, or other contrivance described in
this section shall be Included in determining compliance with this
section. Emissions resulting from baking, heat-curing, or heat-
polymerizing as described in section (a) shall be excluded from
determination of compliance with this section. Those portions of any
series of articles, machines, equipment or other contrivances
designed for processing a continuous web, strip or wire which emit
organic materials and use operations described in this section shall
be collectively subject to compliance with this section.
(d) Emission of organic materials to the atmosphere for the cleanup with
photochemlcally reactive solvent, as defined in section (j), of any
article, machine,, equipment or other contrivance described 1n
sections (a), (b), or (c), shall be Included with the other emissions
or organic materials from that article, machine, equipment or other
emissions or organic materials from that article, machine, equipment
or other contrivance for determining compliance with this rule.
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(e) 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 A1r Pollution Control
Officer to be not less effective than (1) or (2) above.
(f) A person incinerating, adsorbing, or otherwise processing organic
materials pursuant to this rule shall provide, properly Install
and maintain 1n calibration, 1n good working order and in operation,
devices as specified by the A1r Pollution Control Officer, for
indicating and recording temperatures, pressures, rates of flow or
other operating conditions necessary to determine the degree and
effectiveness of air pollution control.
(g) Any person using organic solvents or any materials containing organic
solvents shall supply the Air Pollution Control Officer, upon request
and in the manner and form prescribed by him, written evidence of the
chemical compositions, physical properties and amount consumed for
each organic solvent used.
(h) 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 organic solvents.
(2) The use of equipment for which other requirements are specified
by Rules 417, 418, 419, and 420 or which are exempt from air
pollution control requirements by said rules.
(3) The spraying or other employment of Insecticides, pesticides or
herbicides.
(4) The employment, application, evaporation or drying or saturated
halogenated hydrocarbons or perchloroethylene.
(5) The use of any material, in any article, machine, equipment or
other contrivance described in sections (a), (b), (c) or (d),if:
(1) the volatile content of such material consists only of
water and organic solvents, and
(ii) the organic solvents comprise not more than 20 per cent
of said volatile content, and
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(111) the volatile content 1s not photochemically reactive
as defined 1n section (j), and
(1v) the organic solvent or any material containing organic
solvent does not come Into contact with flame.
(6) The use of any material, 1n any article* machine, equipment
or other contrivance described 1n sections (a), (b), (c) or
(d), 1f:
(1) the organic solvent content of such material does not
exceed 20 per cent by volume of said materials, and
(11) the volatile content 1s not photochemically reactive as
defined 1n section (j), and
(111) more than 50 per cent by volume of such volatile
material 1s evaporated before entering a chamber heated
above ambient application temperature, and
(iv) the organic solvent or any material containing organic
solvent does not come Into Contact with flame.
(7) The use of any material, 1n any article, machine, equipment or
other contrivance described 1n sections (a), (b), (c) or (d),
1f:
(1) the organic solvent content of such material does not
exceed 5 per cent by volume of said material, and
(11) the volatile content 1s not photochemlcally reactive as
defined 1n section (j), and
(111) the organic solvent or any material containing organic
solvent does not come Into contact with flame.
(1) 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, except that such materials which exhibit
a boiling point higher than 220°F at 0.5 millimeter mercury absolute
pressure or have an equivalent vapor pressure shall not be considered
to be solvents unless exposed to temperatures exceeding 220°F.
(j) For the purposes of this rule, photochemlcally reactive solvent is
any solvent with an aggregate of more than 20 per cent of its total
volume composed of the chemical compounds classified below or which
exceeds any of the following individual percentage composition
limitations, referred to the total volume of solvent:
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(1) A combination of hydrocarbons, alcohols, aldehydes, esters,
ethers or ketones having an olefinic or cyclo-olefinic type
of unsaturation: 5 per cent;
(2) A combination of aromatic compounds with eight or more carbon
atoms to the molecule except ethyl benzene: 8 per cent;
(3) A combination of ethylbenzene, ketones having branched hydro-
carbon structures, trichloroethylene or toluene: 20 per cent.
Whenever any organic solvent or any const!tutent.of an organic
solvent may be classified from Its chemical structure into more than
one of the above groups or 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.
(k) For the purposes of this rule, organic materials are defined as
chemical compounds of carbon excluding carbon monoxide, carbon
dioxide, carbonic add, metallic carbides, metallic carbonates and
ammonium carbonate.
(51.16) RULE 417. Storage of Petroleum Products.
A person shall not place, store or hold in any stationary tank, reservoir
or other container of more than 40,000 gallons capacity any gasoline or
any petroleum distillate having a vapor pressure of 1.5 pounds per square
inch absolute or greater under actual storage conditions, unless such tank,
reservoir or other container 1s a pressure tank maintaining working
pressures sufficient at all times to prevent hydrocarbon vapor or gas
loss to the atmosphere, or is designed and equipped with 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 double-deck type
roof, resting on the surface of the liquid contents and equipped
with a pressure 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 and
sampling devices shall be gas-tight except when 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 1s taking place.
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(c) Other equipment of equal efficiency, provided such equipment Is
submitted to and approved by the A1r Pollution Control Officer.
(51.16) RULE 418. Transfer of Gasoline into Stationary Storage Containers.
(a) A person shall not transfer or permit the transfer of gasoline
from any delivery vessel (I.e., tank truck or trailer) Into any
stationary storage container with a capacity of more than 250
gallons unless such container Is equipped with a permanent submerged
fill pipe and unless 90 percent by weight of the gasoline vapors
displaced during the filling of the stationary storage container
are prevented from being released to the atmosphere.
(b) The provisions of subsection (a) shall be subject to the following
exceptions:
(1) The transfer of gasoline Into any stationary storage container
used primarily for the fueling of Implements of husbandry as
such vehicles are defined in Division 16 (Section 36000 et seq.)
of the California Vehicle Code, If such container 1s equipped
by January 1, 1977, with a permanent submerged fill pipe.
(2) The transfer of gasoline Into any stationary storage container
having a capacity of 2,000 gallons or less which was Installed
prior to January 1, 1976, 1f such container Is equipped by
January 1, 1977, with a permanent submerged fill pipe.
(3) The transfer of gasoline Into any stationary storage container
in existence prior to January 1, 1976, which 1s served by a
delivery vessel exempted by the A1r Pollution Control Officer
pursuant to subsection (d), 1f such container 1s equipped by
January 1, 1977, with a permanent submerged fill pipe.
!(4) The transfer of gasoline Into any stationary storage container
which the A1r Pollution Control Officer finds 1s equipped with
equipment to control emissions at least as effective as required
by subsection (a).
(5) The transfer of gasoline Into any stationary storage container
in existence prior to January 1, 1976, which is equipped with
an offset fill pipe.
(c) No person shall store gasoline In or otherwise use or operate any
gasoline delivery vessel unless such vessel is designed and maintained
to be vapor tight. Any delivery vessel Into which gasoline vapors
have been transferred shall be refilled only at a loading facility
that is equipped with a system that prevents at least 90 percent by
weight of the gasoline vapors displaced from entering the atmosphere.
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(d) The owner or operator of any bulk loading facility not subject to
the provisions of Rule 419 which was in operation on or before
January 1, 1976, and for which the annual throughput to stationary
storage containers that are not exempted by subsections (b) 1 and
and (b) 2 does not exceed 500,000 gallons, may petition the Air
Pollution Control Officer to have the facility's delivery vessels
and other independently owned gasoline delivery vessels which are
exclusively serviced at such facility excempted from the provisions
of subsection (c). The owner or operator of such a facility must
petition annually to renew such exemptions.
(e) A person shall not load gasoline into any delivery vessel from any
loading facility granted an exemption pursuant to subsection (d)
unless, by January 1, 1977, such delivery vessel is loaded through
a submerged fill pipe.
(f) A person shall not operate any gasoline loading facility which is
not subject to the provisions of Rule 419 after January 1, 1977,
unless:
(1) The facility is equipped with a system or systems to prevent
the release to the atmosphere of at least 90 percent by weight
of the gasoline vapors displaced during the filling of the
facility's stationary storage containers; and
(2) The facility is equipped with a pressure-vacuum valve on the
above ground stationary storage containers with a minimum
pressure valve setting of 15 ounces, provided that such setting
will not exceed the container's maximum pressure rating.
(g) The owner or operator of any stationary storage container or gasoline
loading facility which is subject to this Rule and which is installed
or constructed on or after January 1, 1976, shall comply with the
provisions of this Rule at the time of installation.
(h) The owner or operator or any stationary storage container subject
to this Rule or gasoline loading facility granted an exemption
pursuant to subsection (d) which is operating or in the process of
being installed or constructed prior to January 1, 1976, shall
comply with the provisions of this Rule by January 1, 1977, and
shall comply with the following schedule:
(1) By May 1, 1976, - Apply for an authority to construct from
the Air Pollution Control Officer for the installation of the
needed control- system;
(2) By July 1, 1976, - Submit to the Air Pollution Control Officer
evidence that all necessary contracts for the design, procure-
ment, and installation of the required emission control system
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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 September 1, 1976, - Initiate on-slte construction or
Installation of emissions control equipment.
(4) By December 1, 1976, - Complete on-slte construction or
Installation of emission control equipment; and
(5) By January 1, 1977, - Secure the A1r Pollution Control Officer's
approval of all equipment and a permit to operate.
(1) Any gasoline loading facility not granted an exemption pursuant to
subsection (d) and non-exempt accounts served by such facility shall
comply with the following schedule:
(1) By November 1, 1976, - Shall apply for an authority to construct
from the A1r Pollution Control Officer for the Installation of
the needed control system;
(2) By December 1, 1976, - Submit to the A1r Pollution Control
Officer evidence that all necessary contracts for the design,
procurement, and Installation of the required emissions control
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, 1977, - Initiate on-s1te construction or Installa-
tion of emission control equipment;
(4) By June 1, 1977, - Complete on-s1te construction or Installation
of emissions control equipment; and
(5) By July 1, 1977, Secure the A1r Pollution Control Officer's
approval of all equipment and a permit to operate.
(j) Vapor-return and/or vapor recovery systems used to comply with the
provisions of the Rule shall comply with all safety, fire, weights
and measures, and other applicable codes and/or regulations.
(k) For the purposes of this Rule, the term "gasoline" is defined as any
petroleum distillate having a Reid vapor pressure of 4 pounds or
greater.
(1) For the purposes of this Rule "gasoline vapors" means the organic
compounds in the displaced vapors Including any entrained liquid
gasoline.
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(m) For the purposes of this Rule, the term "submerged fill pipe" is
defined as any fill pipe, the discharge opening of which is
entirely submerged when the liquid level is 6 inches above the
bottom of the container. "Submerged fill pipe" when applied to a
container which is loaded from the side is defined as any fill pipe
the discharge opening of which is entirely submerged when the liquid
level is 18 inches above the bottom of the container.
(51.16) RULE 419. 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 conditions
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 vapor
and recovers at least 90 per cent 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 gallons
of such organic liquids are loaded in any one day.
"Loading Facility," for the purpose of this rule, shall mean any aggrega-
tion or combination of organic liquid loading equipment which is both (1)
possessed by one person, and (2) located so that all the organic liquid
loading outlets for such aggregation or combination of loading equipment
can be encompassed within any circle of 300 feet in diameter.
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(51.16) RULE 420. Effluent 011 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
processes, 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.
(b) A floating pontoon or double-deck type cover, equipped with closure
seals, to enclose any space between the cover's edge and compartment
wall.
(c) A vapor recovery system which reduces the emission of all hydrocarbon
vapors and gases into the atmosphere by at least 90 per cent 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
exclusively 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.
(2.0) RULE 421.
Nothing in these Regulations is intended to permit any practice which is
a violation of any statute, ordinance, rule or regulation.
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REGULATION V
ORCHARD, FIELD CROP, OR CITRUS GROVE HEATERS
(1.0) RULE 500. Definition.
"Orchard heater" means any article, machine, equipment, or other contri-
vance burning any type of fuel, or a solid fuel block composed of petroleum
coke burned by an open flame, used or capable of being used for the
purpose of giving protection from frost damage. For the purpose of this
regulation, "orchard heater" shall include heaters used for frost pro-
tection for orchards, vineyards, truck crops, and field crops, The
contrivance commonly known as a wind machine is not included.
(3.0) RULE 501. Permits.
No person shall construct, place, maintain, store, or alter any orchard
heater in any place where it may be used or operated for frost protection,
or use or operate any such orchard heater without first obtaining a
permit to do so from the Air Pollution Control Officer. Application for
such permits shall be made to the Air Pollution Control Officer on forms
obtained from him and shall contain all information called for by such
forms. The Air Pollution Control Officer may require the applicant to
furnish such additional information as he may deem necessary before passing
on any application.
(51.1.) RULE 502. Approved Orchard Heaters.
Orchard heaters used or placed in use for frost protection must by approved
by the Air Resources Board or must not produce unconsumed solid carbon-
aceous material at a rate in excess of that allowed by state law.
(51.1) RULE 503. Condition of Heaters.
(a) All orchard heaters shall be maintained in reasonable clean condition,
good repair and working order. The Control Officer may make
inspections to determine the condition of the heaters. Upon findings
contrary to any requirement of this rule, the application shall be
refused approval until such time as the condition of the heaters is
such to effect compliance.
(b) Whenever orchard heaters are burning they must be adequately attended
and supervised to maintain the condition, adjustment and proper opera-
tion of the orchard heaters.
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(51.1) RULE 504. Classification of Heaters.
For the purpose of this regulation, Class I heaters Include any heater
so designed or equipped that it will not discharge unconsumed solid
carbonaceous material at a rate 1n excess of one-half (1/2) gram per
minute, Including: return stack heaters, pipe line systems, and coke
heaters fueled with coke briquettes or solid coke.
Class II heaters Include all distilling type heaters (except return stack
heaters) approved by the A1r Resources Board, and solid fuel blocks of
petroleum coke. Class II heaters must not be operated at a primary air
orifice 1n excess of that specified by the Air Resources Board except for
the first ten (10) minutes after the heater is lighted.
(51.1) RULE 505. Non-Complying Heaters.
No person shall use for frost protection or store 1n an orchard, vineyard,
of field any orchard heater after January 1, 1975, which does not comply
with Rule 502 of this regulation.
(51.1) RULE 506. Prohibition of Sale of Heaters.
It shall be unlawful to sell, or offer to sell for use for frost protection
within the counties of Monterey, San Benito and Santa Cruz, any orchard
heater which does not comply with Rule 502 of this regulation.
(51.1) RULE 507. Burning Rubber and Other Substances.
It shall be unlawful for any person, for the purpose of frost protection,
to burn, any rubber, rubber tires, or any other substance containing rubber,
or to burn oil or other combustible substance in drums, palls or other
containers except orchard heaters.
(3.0) RULE 508. Fees.
Every applicant for a permit to use an orchard heater Including non-
complying heaters, shall pay a filing fee as set forth below for each
non-contiguous parcel of land to be so heated:
Under 10 acres $10.00
10 to 20 acres 15.00
Over 20 acres 20.00
The annual renewal fee shall be one-half the filing fee prescribed above
for each parcel with any Type II orchard heater; or one fourth said filing
fee for each parcel with all Type I heaters. The renewal fee is due and
payable on November 1 each year. It 1s hereby determined that the cost of
issuing permits and of inspections pertaining to such issuance exceeds the
fees prescribed.
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REGULATION VI
PROCEDURE BEFORE THE HEARING BOARD
(16.0) RULE 600. General.
This regulation shall apply to all hearings before the Hearing Board
of the Monterey Bay Unified Air Pollution Control District.
(16.0) RULE 601. Filing Petitions.
Request for hearing shall be initiated by the filing of a petition in
triplicate with the Clerk of the Hearing Board and the payment to said
clerk of a fee of $50.00, after service of a copy of the petition has
been made on the Air Pollution Control Officer, and one (1) 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 approved by written acknowledge-
ment of the person served or by the affidavit of the person making the
service.
No fee shall be required for the filing of a petition by a public agency
or a public officer acting in the scope of his official capacity.
(16.0) RULE 602. 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 address of partners, if a co-partner-
ship, names and address of the managing 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 suspended
permit reinstated under Section 42307. 42306, Health and Safety
Code of the State of California;
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(2) For an emergency variance under Section 42359, Health and
Safety Code;
(3) For a short variance under Section 40825, Health and Safety
Code.
(4) For a regular variance and approval of a compliance schedule
under Section 42350 and 42348, Health and Safety Code.
(5) For an Interim variance under Section 42351. Health and Safety
Code, 1n conjunction with a petition for a short or regular
variance.
(6) For a variance and/or approval of a compliance schedule for a
rule not yet effective under Section 41703, Health and Safety
Code;
(7) To revoke or modify a variance under Section 42356, Health and
Safety Code;
(f) Each petition shall be signed by the petitioner, or by some person
on his behalf, and where the person signing 1s not the petitioner It
shall set forth this authority to sign.
(g) Petitions for revocation of permits shall allege in addition the
rule under which permit was granted, the rule or section which is
alleged to have been violated together with a brief statement of the
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, 1f any, was
not furnished, whether such Information 1s believed by petitioner to
be pertinent, and, if so, when 1t will be furnished.
(1) All petitions shall be type written, 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 603. Petitions for Variances.
(16.0)
In addition to the matters required by Rule 602, 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.
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(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 compliance with such section, rule or order.
(e) Except in a petition for an Interim or emergency variance, a final
compliance date specifying when petitioner will be in compliance
with the section or rule from which a variance is sought.
(f) If the final compliance date required In subsection (e) 1s one year
or more after the date set for hearing (other than the hearing for
an emergency or interim variance) then petitioner shall attach to
his petition a proposed schedule of Increments of progress as
defined by Rule 106.
(g) Whether or not any case involving the same Identical equipment or
process is pending in any court, civil or criminal.
(h) Both the advantages and disadvantages to the residents of the
district resulting from requiring compliance or resulting from
granting a variance.
(i) Whether or not operations under such variance, if granted, would
constitute a nuisance.
(16.0) RULE 604. Appeal From Denial.
A petition to review a denial or conditional approval of an authority to
construct or permit to operate shall, in addition to the matters required
by Rule 602, set forth a summary of the application or a copy thereof and
the alleged reasons for the denial or conditional approval and the reasons
for appeal.
(16.0) RULE 605. 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 three members of the Hear-
ing Board direct otherwise and confirm such direction in writing. Such
direction need not be made at a meeting of the Hearing Board. "The Chair-
man or any three members, without a meeting, may require the petitioner to
state further facts or reframe a petition so as to disclose clearly the
issues involved.
(16.0) RULE 606. Answers.
Any person may file an answer within 10 days after service. All answers
shall be served the same as petitions under Rule 601.
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(16.0) RULE 607. Withdrawal of Petition.
The petitioner may withdraw petition at any time before submission of
the case to the Hearing Board, without a hearing or meeting of the Hear-
ing Board. The Clerk of the Hearing Board shall notify all interested
persons of such withdrawal.
(16.0) RULE 608. Place of Hearing.
All hearings shall be held at the place designated by the Hearing Board.
(16.0) RULE 609. Notice of Hearing.
The Clerk of the Hearing Board shall mall or deliver a notice of hearing
to the petitioner, the Air Pollution Control Officer, the holder of the
permit or variance Involved 1f any and to any person entitled to notice
under Sections 40823, 40827, or 42308, Health and Safety Code.
(16.0) RULE 610. 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 that matter was not covered
in the direct examination; to Impeach any witness regardless of which
party first called him to testify; and to rebut the evidence against
him. If respondent does not testify in his own behalf he may be
called and examined as if under cross-examination.
(c) The hearing need not be conducted according to technical rules relat-
ing 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 1n 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. The rules of privilege shall be effective to the same extent
that they are now or hereafter may be recognized in civil actions, and
Irrelevant and unduly repetitious evidence shall be excluded.
(13.0) RULE 611. Record of Proceedings.
(16.0)
A record of all proceedings had before the Hearing Board shall be made. The
record shall be prepared in accordance with one of the following methods.
(1) A written summary of all the evidence, testimony and proceedings had
and presented at the hearing shall be made by a person designated by
the Hearing Board for that purpose; or
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(2) A tape recording may be made of the proceedings; or
(3) 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
transcript, each certified to by the reporter as to its accuracy, be
filed with the Hearing Board within 30 days from the closing date of
the hearing unless required by the Board prior to that time.
(16.0) RULE 612. Preliminary Matters.
Preliminary matters such as setting a date for hearings, granting con-
tinuances, approving petitions for filing, allowing amendments, issuing
subpoenas, and other preliminary rulings not determinative of the merits
of the case may be made by the Chairman or any three members of the Hear-
ing Board prior to that time.
(16.0) RULE 613'. Official Notice.
The Hearing Board may take official notice of any matter which may be
judicially noticed by the courts of this state.
(16.0) RULE 614. Continuances.
The Chairman or any three members of the Hearing Board shall grant any
continuance of 15 days or less, concurred 1n by petitioner, the A1r
Pollution Control Officer and by every person who has filed an answer
in the action and may grant any reasonable continuance; in either case
such action may be ex parte, without a meeting of the Hearing Board and
without prior notice.
(16.0) RULE 615. Decision.
The decision shall be in writing, served and filed within 30 days after
submission of the cause by the parties thereto and shall contain the
determination of the Issues presented and the order of the Hearing Board.
A copy shall be mailed or delivered to the A1r 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.
(16.0) RULE 616. Effective Date of Decision.
The decision shall become effective 15 days after delivery or mailing a
copy of the decision, as provided in Rule 615, or the Hearing Board may
order that the decision shall become effective sooner.
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REGULATION VII-EMERGENCIES
(8.0) RULE 700. General.
This emergency regulation 1s designed to prevent the excessive buildup
of air contaminants and to avoid any possibility of a catastrophe
caused by toxic concentrations of air contaminants. Past history
Indicates that the possibility of such a catastrophe 1s extremely remote.
The Air Pollution Control Board deems it desirable to have ready an
adequate plan to prevent such an occurrence, and In case of the happening
of this unforeseen event, to provide for adequate actions to protect
the health of the citizens 1n the A1r Pollution Control District.
(9.0) RULE 701. Sampling Stations.
The Air Pollution Control Officer shall maintain at least four (4) per-
manently located atmospheric sampling stations adequately equipped.
These sampling stations shall be continuously maintained at locations
designated by the Air Pollution Control Officer after consultation with
the Technical Advisory Committee. The Air Pollution Control Officer may
maintain such additional sampling stations as may be necessary. These
additional stations may be permanent, temporary, fixed, or mobile, and
may be activated upon orders of the A1r Pollution Control Officer.
(9.0) RULE 702. Air Sampling.
The A1r Pollution Control Officer shall establish procedures whereby
adequate samplings and analyses of air contaminants will be taken at each
of the stations established under Rule 701.
(13.0) RULE 703. Reports.
The Air Pollution Control Officer shall make weekly summaries of the
readings required by Rule 702. The summaries shall be in such form as to
be understandable by the public. These summaries shall be public records
and immediately after preparation shall be filed at the main office of
the Air Pollution Control District and be available to the public, press,
radio, television, and other mass media of communication.
(8.0) RULE 704. Continuing Program of Voluntary Cooperation.
Upon the adoption of this regulation the Air Pollution Control Officer
shall inform the public of ways in which air pollution can be reduced
and shall request voluntary cooperation from all persons in all activities
which contribute to air pollution. Civic groups shall be encouraged to
undertake campaigns of education and voluntary air pollution reduction in
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their respective communities. Public officials shall be urged to take
promptly such steps as may be helpful to reduce air contamination to
a minimum within the areas of their authority. Employers shall be
requested to establish car pools. Users of automotive vehicles shall be
urged to keep motors in good condition and to plan routes and schedules
which will contribute minimum contamination to critical areas of
pollution. All industrial, commercial and business establishments which
emit hydrocarbons or the air contaminants named in Rule 708 should
critically study their operations from the standpoint of air contamination
and should take appropriate action voluntarily to reduce air pollution.
(8.0) RULE 705. Plans.
(a) If the Air Pollution Control Officer finds that any industrial,
business or commercial establishment or activity emits hydrocarbons
or any of the contaminants named in Rule 708, he may give written
notice to the owner or operator of such Industrial, business or
commercial establishment or activity to submit to the Air Pollution
Control Officer plans for Immediate shutdown or curtailment, in
the event of an air pollution emergency, all of the sources of
hydrocarbons or any of the contaminants named in Rule 708, Including
vehicles owned or operated by such person, his agents or employees
in the scope of the business or operation of such establishment
or activity. Such plans shall Include, 1n addition to the other
matters set forth in this rule, a list of all such sources of hydro-
carbons and any of the contaminants named in Rule 708, and a state-
ment of the minimum time and the recommemded time to effect a
complete shutdown of each source in the event of an air pollution
emergency. Such notice may be served in the manner prescribed by
law for the service of summons, or by registered or certified mail.
Each such person shall, within sixty (60) days after the receipt of
such notice, or within such additional time as the Air Pollution
Control Officer may specify 1n writing, submit to the Air Pollution
Control Officer the plans and Information described in the notice.
(b) The Air Pollution Control Officer shall prepare appropriate plans to
be made effective and action to be taken in respect to a First or
Second alert as follows:
In respect to a First Alert, the Air Pollution Control Officer shall
develop plans calling for the operation of all privately owned
vehicles on a pool basis as may be arranged by persons and employers
of persons operating vehicles from home to work and in the business
of such employer.
In respect to a Second Alert, the Control Officer shall prepare a
program of action and steps to be taken under the provisions of
Rule 710, paragraph c. The general nature of the plans to be made
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effective upon a Second Alert shall be reported to and subject to
review and approval by the A1r Pollution Control Board.
It shall be the objective of such program to result in bringing
about a diminution of air contaminants which occasioned the Second
Alert and to prevent any increase thereof In order to protect the
health of all persons within the area affected by the alert. It shall
also be the objective of such plans that they may be effective to
curtail the operations of industrial, business, commercial and
other activities within the basin, but without undue interference
with the operations of public utilities or other productive, indus-
trial, business and other activities, the conduct of which is
essential to the health and welfare of the community. It is further
intended that any said plan of action shall not jeopardize the
welfare of the public or result in Irreparable injury to any means
of production or distribution or the rendering of public utility
services.
(8.0) RULE 706. Declaration of Alerts.
The Air Pollution Control Officer shall declare the appropriate "alert"
whenever the concentration of any air pollution contaminant has been
verified to have reached the standards set forth in Rule 708.
(8.0) RULE 707. Notification of Alerts.
Following the declaration of the appropriate "alert", the Air Pollution
Control Officer shall communicate notification of the declaration of
the alert to:
(a) The County Communications Director and the Sheriff who shall broad-
cast the declaration of the "alert" by the Sheriff's teletype and
radio system to:
(1) All Sheriff's substations.
(2) All city police departments.
(3) California Highway Patrol.
(b^ Local public officials and public safety personnel, who have
responsibilities or interests in air pollution alerts.
(c) Air Pollution industrial plants and processes which require "alert"
data in order to effect pre-arranged plans designed to reduce the
output of air contaminants.
(d) The general public.
(e) All Air Pollution Control District personnel.
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(8.0) RULE 708. Alert Stages for Toxic A1r Pollutants.
(In parts per million of air)
First Alert Second Alert Third Alert
Carbon Monoxide*
Nitrogen Oxides*
Sulfur Oxides*
Ozone*
100
3
3
0.25
200
5
5
0.5
300
10
10
1.0
*How measured: The Concentrations of air contaminants shall be measured
in accordance with the procedures and recommendations established by the
Technical Advisory Committee.
First Alert: Close approach to maximum allowable concentration for the
population at large. Still safe but approaching a point where preventa-
tive action is required.
Second Alert: Air contamination level at which a health menace exists in
a preliminary state.
Third Alert: Air contamination level at which a dangerous health menace
exists.
(8.0) RULE 709. First Alert Action.
This is a warning alert and shall be called declared whenever the concen-
tration of any contaminant has been verified to have reached the standards
for the "first alert" set forth in Rule 708. The following action shall be
taken upon the calling of the First Alert:
(a) A person shall not burn any combustible refuse at any location within
the District in an open fire.
(b) Any person operating or maintaining any industrial, commercial or
business establishment other than power plants or heating plants
essential to health or safety, which establishments emit hydrocarbons
or any of the contaminants named in Rule 708, and any person operating
any private noncommercial vehicle, shall, during the First Alert
period, take the necessary preliminary steps to the action required
shall a Second Alert be declared.
(c) The Air Pollution Control Officer shall, by the use of all appropriate
mass media of communication, request the public to stop all unessential
use of vehicles within the District and to operate all privately
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owned vehicles on a pool basis, and shall request all employers to
activate employee car pools.
(d) When, after the declaration of the First Alert 1t appears to the Air
Pollution Control Officer that the concentration of any contaminants
In all or any portion of the District 1s Increasing 1n such a manner
that a Second Alert 1s likely to be called, he shall take the follow-
ing actions:
(1) Notify the A1r Pollution Control Board and request advide on
actions to be taken.
(2) Give all possible notice to the public by all mass media of
communication that a Second Alert may be called.
(8.0) RULE 710. Second Alert Action.
This 1s a preliminary health hazard alert and shall be declared when an
air contaminant has been verified to have reached the standards set forth
for the "Second Alert: 1n Rule 708.
ti
The following action shall be taken upon the calling of the Second Alert:
(a) The action set forth 1n Rule 709, and
(b) The A1r Pollution Control Board, If not already activated, shall be
called Into session and shall remain In session or reconvene from
time to time as directed by the A1r Pollution Control Officer to
study all pertinent information relating to the emergency and to
recommend to the Air Pollution Control Officer actions to be taken
from time to time as conditions change.
(c) The Air Pollution Control Officer shall make effective, upon notice
as provided in Rule 707, the program of action to be taken as
previously developed pursuant to Rule 705, paragraph b, and to carry
out the policy stated therein.
Pursuant to this alert, the Air Pollution Control Officer may impose
limitations as to the general operation of vehicles as provided in
Rule 705, permitting limited operation essential to accomodate
industry, business, public utility and other services as may be
necessary in the public welfare.
(d) In the event the control measures made effective under paragraph c.
above prove to be inadequate to control the increase in the concen-
tration of air contaminants, the Air Pollution Control Officer, with
the advice of the Air Pollution Control Board shall take such steps
as he may deem necessary to assure adequate control of existing
air contaminants and to protect the health and safety of the public,
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but, if possible, without (employing such drastic remedial measures
as to completely disrupt the economic life of the community or to
result 1n Irreparable Injury to any form of production, manufacture
or business.
(e) In the event that the A1r Pollution Control Officer determines that
the public health and safety 1s 1n danger, the A1r Pollution Control
Board may take any action authorized by this rule with less than a
quorum present. A majority vote of the members present. 1s required
for any such action.
(8.0) RULE 711. Third Alert.
This 1s a dangerous health hazard alert and shall be declared when an air
contaminant has been verified to have reached the standards set forth for
the "Third Alert: in Rule 708.
The following action shall be taken upon the calling of the Third Alert:
(a) The actions set forth in Rule 709 and 710, and
(b) If it appears that the steps taken by the A1r Pollution Control
Officer will be inadequate to cope with the emergency, the Air
Pollution Control Board shall request the Governor to declare that a
state of emergency exists and to take appropriate actions as set
forth in the California Disaster Act.
(8.0) RULE 712. End of Alert.
The Air Pollution Control Officer shall declare the termination of the
appropriate alert whenever the concentration of an air contaminant which
caused the declaration of such alert has been verified to have fallen
below the standards set forth in Rule 708 for the calling of such alert
and the available scientific and meteorological data indicates that the
concentration of such air contaminant will not immediately Increase again
so as to reach the standards set forth for such alert in Rule 708. The
Air Pollution Control Officer shall immediately communicate the declaration
of the termination of the alert in the manner provided in Rule 707 for
the declaration of alerts. The Communications Director and the Sheriff
shall broadcast the termination of the alert in the same manner as
provided in Rule 707 for the declaration of alerts.
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REGULATION VIII - ORDERS FOR ABATEMENT
(16.0) RULE 800. General.
Notwithstanding Rule 600, this regulation shall apply to all hearings on
orders for abatement before the Hearing Board of the Air Pollution Control
District.
(16.0) RULE 801. Order for Abatement.
In accordance with Health and Safety Code Section 42450 and 42451. the
Hearing Board, when petitioned as provided herein, 1s authorized and
directed to notice and hold hearings for the purpose of Issuing orders for
abatement. The Hearing Board 1n holding hearings on the Issuance of orders
for abatement shall have all powers and duties conferred upon 1t by Health
and Safety Code Division 26, Chapter 8, of Part 3.
(16.0) RULE 802. Filing Petitions.
Requests by the A1r Pollution Control Officer for a hearing on an order for
abatement shall be Initiated by the filing of the original and two copies
of the petition with the Clerk of the Hearing Board. One copy of the
petition will then be served upon the person against whom the order for
abatement 1s sought (the respondent). Service may be made in person or by
mall, and service may be proved by written acknowledgment of the person
served or by the affidavit of the person making the service.
(16.0) RULE 803. Contents of Petition.
The petition for order for abatement shall contain the following Informa-
tion:
(a) The name, address and telephone number of the respondent.
(b) The type of business or activity Involved and the street address at
which it is conducted.
(c) A brief description of the article, machine, equipment, or other con-
trivance, if any, involved in the violation emission.
(d) The section or rule which 1s alleged to have been violated, together
with a brief statement of the facts constituting such alleged viola-
tion.
The permit status and history of the source sought to be abated may be
included in the petition. A proposed order for abatement may also be
included.
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All petitions shall be typewritten, double-spaced, on letter-size
paper ( 8-1/2 inches by 11 inches), on one side of the paper only,
leaving a margin of at least one inch at the top and each side of the
paper.
(16.0) RULE 804. Scope of Order.
An order for abatement issued by the Hearing Board shall include an
order to comply with the statute or rule being violated. Such order
may provide for installation of control equipment and for a schedule of
completion and compliance. As an alternative to an order to comply,
the Hearing Board may order the shutdown of any source of emissions
which violates any statute or rule. An order for abatement may also
include a directive to take other action determined appropriate to
accomplish the necessary abatement.
(16.0) RULE 805. Findings.
No order for abatement shall be granted unless the Hearing Board makes
all of the following findings:
(a) That the respondent is in violation of Section 41700 or 41701,
Health and Safety Code, or of any rule or regulation of the Air
Pollution Control Board.
(b) That the order of abatement will not constitute a taking of
property without due process of law.
(c) That if the order for abatement results 1n the closing or elimination
of an otherwise lawful business, such closing would not be without
a corresponding benefit in reducing air contaminants.
(16.0) RULE 806. Pleadings.
Any person may file a written answer, other responsive pleading, memo-
randum, or brief not less than five days before the hearing. Said
documents shall be served the same as petitions under Rule 802.
(16.0) RULE 807. 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 that matter was not
covered in the direct examination; to impeach any witness regardless
of which party first called him to testify; and to rebut the evidence
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16.0)
15.0)
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 admissible over objection in civil actions. The rules or privi-
lege shall be effective to the same extent that they are now or
hereafter may be recognized In civil actions, and irrelevant and
unduly repetitious evidence shall be excluded.
RULE 808. Failure to Comply with Rules.
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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.
(16.0) RULE 809. Withdrawal of Petition.
The Air Pollution Control Officer may withdraw his petition at any time
before submission of the case to the Board without a hearing or meeting
of the Hearing Board. The Clerk of the Hearing Board shall notify all
interested persons of such withdrawal.
(16.0) RULE 810. Place of Hearing.
All hearings shall be held at the time and place designated by the
Hearing Board.
(16.0) RULE 811. Notice of Hearing.
The Clerk of the Hearing Board shall mail or deliver a Notice of Hearing
to the respondent and to any person entitled to notice under applicable
provision of Division 26 of the Health and Safety Code, not less than
10 days before the date of the hearing.
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(16.0) RULE 812. 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 with-
out a hearing or meeting of the Hearing Board and without notice.
(16.0) RULE 813. Official Notice.
The Hearing Board may take official notice of any matter which may be
judicially noticed by the courts of this State.
(16.0) RULE 814. Continuance.
The Chairman or any two members of the Hearing Board shall grant any
continuance of 15 days or less, concurred in by the respondent, the Air
Pollution Control Officer, and by every person who has filed an answer
or other pleading in the action and may grant any reasonable continuance;
in either case such action may be ex parte, without a meeting of the
Hearing Board and without prior notice.
(16.0) RULE 815. Order and 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 pre-
sented and the order of the Hearing Board. A copy shall be mailed or de-
livered to the Air Pollution Control Officer; the respondent, and to
every person who has filed an answer or other pleading or who has applied
as a party in person or by counsel at the hearing.
(16.0) RULE 816. Effective Date of Decision.
The decision shall become effective 15 days after delivering or mailing a
copy of the decision, as provided in Rule 814, or the Hearing Board may
order that the decision shall become effective sooner.
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(50.3) RULE 404. Specific A1r Contaminants.
On or after January 18, 1971, combustion gases from the combustion or a
gaseous fuel which contains more than the following concentrations by
volume of an hourly average of oxides of nitrogen, Including but not
limited to, nitric oxide and nitrogen dioxide.
(1) 350 ppm for equipment of less than 100 million BTU per hour.
(2) 300 ppm for equipment of between 100 million and 500 million BTU per
hour.
(3) 200 ppm for equipment of between 1/2 billion and 1-1/2 billion BTU
per hour.
(4) 150 ppm for equipment greater than 1-1/2 billion BTU per hour.
(50.3) RULE 408. Specific A1r Contaminants.
Combustion gases which contain more than 500 parts per million, by
volume of oxides of nltroaen. Including, but not limited to, nitric
oxide and nitrogen dioxide.
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