U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-296 680
Air Pollution Regulations in
State Implementation Plans
California, Nevada County
Abcor, Inc, Wilmington, MA Walden Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NC
Programs Development Div
Aug 78
Control
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PB 296680
United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
EPA-U50/3-78-05U-23
August IS/8
Air
Air Pollution Regulations
in State Implementation
Plans:
California
Nevada County
'
lfu J j
REPRODUCED BY
NATIONAL TECHNICAL }
INFORMATION SERVICE t
U. S. DEPARTMENT OF COMMERCE '•
SPRINGFIELD, VA. 22161
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TECHNICAL REPORT DATA
(Please read Imttructions on the reverse before completing)
1. REPORT NO.
EPA-450/3-78-054-23
z
4. TITLE AND SUBTITLE
Air Pollution Regulations in State Implementation
Plane- California Nevada County
7. AUTHOH(S)
3. REC
N-
6. REPORT DATE
August 1978
6. PERFORMING ORGANIZATION CODE
8. PERFORMING ORGANIZATION REPORT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Walden Division of Abcor, Inc.
Wilmington, Mass.
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT NO.
68-02-2890
12. SPONSORING AGENCY NAME AND ADDRESS
13. TYPE OF REPORT AND PERIOD COVERED
Control Programs Development Division
Office of Air Quality Planning and Standards
Office of Air, Noise, and Radiation
Research Triangle Park, NC 27711
14. SPONSORING AGENCY CODE
15. SUPPLEMENTARY NOTES
EPA Project Officer: Bob Schell, Control Programs Development Division
16. ABSTRACT
This document has been produced in compliance with Section 110(h)(l) of the Clean Air
Act amendments of 1977. The Federally enforceable regulations contained in the State
Implementation Plans (SIPs) have been compiled for all 56 States and territories
(with the exception of the Northern Mariana Islands). They consist of both the
Federally approved State and/or local air quality regulations as indicated in the
Federal Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of the above
categories as of January 1, "1978, have been incorporated. As mandated by Congress,
this document will be updated annually. State and/or local air quality regulations
which have not been Federally approved as of January 1, 1978, are not included here;
omission of these regulations from this document in no way affects the ability of
the respective Federal, State, or local agencies to enforce such regulations.
17.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
b.lDENTIFIERS/OPEN ENDED TERMS C. COSATI Field/Group
Air pollution
Federal Regulations
Pollution
State Implementation Plans
18. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
19. SECURITY CLASS (ThisReport!
Unclassified
20. SECURITY CLASS (TMS page/
Unclassified
21. NO. >
22TPRJCE
EPA Form 2220-1 (S-73)
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EPA-450/3-78-054-23
Pollution Regulations
in State Implementation Plans
California
Nevada County
by
Walden Division of Abcor, Inc.
Wilmington, Massachusetts
Contract No. 68-02-2890
EPA Project Officer: Bob Schell
Prepared for
U.S. ENVIRONMENTAL PROTECTION AGENCY
Office of Air, Noise, and Radiation
Office of Air Quality Planning and Standards
Research Triangle Park, North Carolina 27711
August 1978
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This report is issued by the Environmental Protection Agency to
report air pollution regulations of interest to a limited number of
readers. Copies are available, for a fee, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
This report was furnished to the Environmental Protection Agency by
Walden Division of Abcor, Inc., Wilmington, Mass. 01887, in fulfillment
of Contract No. 68-02-2890. The contents of this report are reproduced
herein as received from Walden Division of Abcor, Inc. The opinions,
findings, and conclusions expressed are those of the author and not
necessarily those of the Environmental Protection Agency. Mention of
company or product names is not to be considered as an endorsement
by the Environmental Protection Agency.
Publication No. EPA-450/3-78-054-23
n
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INTRODUCTION
»
This document has been produced in compliance with Section TlO(h)O)
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
111
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to the SIP and the date of the Federal Register in which the revision
was either approved or disapproved by EPA. Finally, a brief description
or reference of the regulation which was submitted is also included.
This document is not intended to provide a tool for determining
the enforceability of any given regulation. As stated above, it is
intended to provide a comprehensive compilation of those regulations
which are incorporated directly or by reference into Title 40, Part 52,
of the Code of Federal Regulations. Consequently, the exclusion of a
Federally approved regulation from this document does not diminish the
enforceability of the regulation. Similarly, the inclusion of a given
regulation (for example, regulations governing pollutants, such as odors,
for which there is no national ambient air quality standards) in this
document does not, in itself, render the regulation enforceable.
IV
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SUMMARY SHEET OF
ERA-APPROVED REGULATION CHANGES
NEVADA COUNTY
Submittal Date Approval Date Description
6/30/72 9/22/72 All Regulations
approved unless
noted otherwise
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DOCUMENTATION OF CURRENT ERA-APPROVED
STATE AIR POLLUTION REGULATIONS
REVISED STANDARD SUBJECT INDEX
1.0 DEFINITIONS
2.0 GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES
3.0 REGISTRATION CERTIFICATES, OPERATING PERMITS AND APPLICATIONS
4.0 AIR QUALITY STANDARDS (PRIMARY AND SECONDARY)
4.1 PARTICULATES
4.2 SULFUR DIOXIDE
4.3 NITRIC OXIDES
4.4 HYDROCARBONS
4.5 CARBON MONOXIDE
4.6 OXIDANTS
4.7 OTHERS
5.0 VARIANCES
6.0 COMPLIANCE SCHEDULES
7.0 EQUIPMENT MALFUNCTION AND MAINTENANCE
8.0 EMERGENCY EPISODES
9.0 AIR QUALITY SURVEILLANCE AND SOURCE TESTING
10.0 NEW SOURCE PERFORMANCE STANDARDS
11.0 NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS
12.0 MOTOR VEHICLE EMISSIONS AND CONTROLS
13.0 RECORD KEEPING AND REPORTING
14.0 PUBLIC AVAILABILITY OF DATA
15.0 LEGAL AUTHORITY AND ENFORCEMENT
16.0 HEARINGS, COMPLAINTS, AND INVESTIGATIONS
17.0 PREVENTION OF SIGNIFICANT DETERIORATION
18.0 AIR QUALITY MAINTENANCE AREA
19.0 - 49.0
RESERVED FOR FUTURE EXPANSION OF COMMON INDEX
50.0 POLLUTANT - SPECIFIC REGULATIONS
50.1 PARTICULATES
50.1.1 PROCESS WEIGHT
50.1.2 VISIBLE EMISSIONS
50.1.3 GENERAL
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50.2 SULFUR COMPOUNDS
50.3 NITRIC OXIDES
50.4 HYDROCARBONS
50.5 CARBON MONOXIDE
50.6 ODOROUS POLLUTANTS
50.7 OTHERS (Pb, Hg, etc.)
51.0 SOURCE CATEGORY SPECIFIC REGULATIONS
51.1 AGRICULTURAL PROCESSES (Includes Grain Handling, Orchard Heaters,
Rice and Soybean Facilities, Related Topics)
51.2 C9AL OPERATIONS (includes Cleaning, Preparation, Coal Refuse
Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
51.3 CONSTRUCTION (includes Cement Plants, Materials Handling, Topics
Related to Construction Industry)
51.4 FERROUS FOUNDRIES (includes Blast Furnaces, Related Topics)
51.5 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Particulates
(includes Fuel Content and Other Related Topics)
51.6 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (includes
Fuel Content and Other Related Topics)
51.7 FUEL BURNING EQUIPMENT (oil, natural gas, coal) - N02 (includes
Fuel Content and Other Related Topics)
51.8 HOT MIX ASPHALT PLANTS
51.9 INCINERATION
51.10 NITRIC ACID PLANTS
51.11 NON-FERROUS SMELTERS (Zn, Cu, etc.) - Sulfur Dioxide
51.12 NUCLEAR ENERGY FACILITIES (includes Related Topic)
51.13 OPEN BURNING (includes Forest Management, Forest Fire, Fire
Fighting Practice, Agricultural Burning and Related Topics)
51.14 PAPER PULP; WOOD PULP AND KRAFT MILLS (includes Related Topics)
51.15 PETROLEUM REFINERIES
51.16 PETROLEUM STORAGE (includes Loading, Unloading, Handling and
Related Topics)
51.17 SECONDARY METAL OPERATIONS (includes Aluminum, Steel and Related
Topics)
51.18 SULFURIC ACID PLANTS
51.19 SULFURIC RECOVERY OPERATIONS
51.20 WOOD WASTE BURNERS
51.21 MISCELLANEOUS TOPICS
vi i
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TABLE OF CONTENTS
NEVADA COUNTY REGULATIONS
Revised Standard
Subject Index
(2.0)
(1.0)
(50.1.1)
(15.0)
(2.0)
(2.0)
(3.0)
(3.0)
(3.0)
(3.0)
(2.0)
(3.0)
(2.0)
(3.0)
(2.0)
(16.0)
(9.0)
Page
Section Number Title ..Number
1
2
3
4
5
6
10
11
12
15
16
17
18
19
20
40
41
Title
Definitions
Standard Conditions
Enforcement
Validity
Effective Date
Construction Permit
Required
Registration Required
Exemptions From Permit
and Registration
Standards For Granting
Applications For Building
Permits
Conditional Approval
Denial of Applications
Further Information
Applications Deemed
Denied
Appeals
Hearing Board Fees
Analysis Fees
1
1
3
3
3
4
5
5
5
6
7
7
8
8
8
9
9
viii
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Revised Standard Pane
Subject Index Section Number Title Number
(13.0) 42 Technical Reports, 9
Charges for
(2.0) 49 District-Wide Coverage 10
(50.1.2) 50 Ringelmann Chart 10
(50.7) 51 Nuisance 10
(50.1) 52 Particulate Matter 10
(50.0) 53 Specific Contaminants 12
(2.0) 55 Exceptions 12
(51.13) 57 Open Burning 13
(51.9) 58 Incinerator Burning 14
(2.0) 59 Circumvention 14
(51.21) 60 Reduction of Animal 14
Matter
(2.0) 75 General 16
(2.0) 76 Filing Petitions 16
(2.0) 77 Contents of Petitions 16
(5.0) 78 Petitions for Variances 17
(2.0) 79 Appeal From Denial 18
(2.0) 80 Failure to Comply With 18
Rules
(2.0) 81 Answers 18
(2.0) 82 Dismissal of Petition 18
(16.0) 83 Place of Hearing 18
(16.0) 84 Notice of Hearing 18
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Revised Standard Page
Subject Index Section Number Title Number
(2.0) 85 Evidence 18
(2.0) 86 Preliminary Matters 19
(2.0) 87 Official Notice 19
(2.0) 88 Continuances 19
(2.0) 89 Decision 20
(2.0) 90 Effective Date of 20
Decision
(3.0) 91 Lack of Permit 20
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ARTICLE 1. GENERAL PROVISIONS
(2.0) Sec. 1 Title
These rules and regulations shall be known as the Rules of the Air Pol-
lution Control District.
(1.0) Sec. 2 Definitions
Except as otherwise specifically provided in these rules and except
where the context otherwise indicates, words used in these Rules are
used in exactly the same sense as the same words are used in Chapter 2,
Division 20, of the Health and Safety Code.
(a) Agricultural Burning. "Agricultural Burning" as used in this
section means open outdoor fires used in agricultural operations
in the growing of crops or raising of fowls or animals, forest
management or range improvement.
(b) Atmosphere. "Atmosphere" means the air that envelops or surrounds
the earth. Where air pollutants are emitted into a building not
designed specifically as a piece of air pollution control equipment,
such emission into the building shall be considered an emission into
the atmosphere.
(c) Board. "Board" means the Air Pollution Control Board of Air Pollu-
tion Control District of Nevada County.
(d) Combustible Refuse. "Combustible Refuse" is any solid or liquid
combustible waste material containing carbon in a free or combined
state.
(e) "Combustion contaminants" are particulate matter discharged into the
atmosphere from the burning of any kind of material containing car-
bon in a free or combined state.
(f) Condensed Fumes. "Condensed Fumes" are minute solid particles
generated by the condensation of vapors from solid matter after
volatilization from the molten state, or may be generated by sub-
limation, distillation, calcination, or chemical reaction when
these processes create air-borne particles.
(g) Dusts. "Dusts" are minute solid particles released into the air
by natural forces or by mechanical processes such as crushing,
grinding, milling, drilling, demolishing, shoveling, conveying,
covering, bagging, sweeping, etc.
(h) Multiple Chamber Incinerator. "Multiple-Chamber Incinerator" is
any article, machine, equipment, contrivance, structure, or part
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of a structure, used to dispose of combustible refuse by burning,
consisting of three (3) or more refractory lined combustion furnaces
in series, physically separated by refractory walls, interconnected
by gas passage ports or ducts and employing adequate design parame-
ters necessary for maximum combustion of the material to be burned.
The refractories shall have a Pyrometrie Cone Equivalent of at
least seventeen (17), tested according to the method described in
the American Society for Testing Materials, Method C-24.
(1) Open Burning. "Open Burning" is any burning process not involving
use of a multiple-chamber incinerator. Open burning does not in-
clude fireplaces as normally used in structures.
(j) Open Outdoor Fire. "Open Outdoor Fire" as used in this regulation
means combustion of any combustible rubbish or other material of
any type outdoors in the open air not in any enclosure, where the
products of combustion are not directed through an approved type
incinerator. "Open outdoor fire" does not Include fireplaces nor-
mally used in structures.
(k) Participate Matter. "Particulate Matter" is any material, except
uncombined water, which exists in a finely divided form as a liquid
or solid at standard conditions.
(1) Person. "Person" means any person, firm, association, organization,
partnership, business trust, corporation, company, contractor, sup-
plier, installer, user or owner, or any state or local governmental
agency or public district or any officer or employee thereof.
(m) 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 Weight Per Hour" will be derived by dividing the total
process weight by the number of hours in one complete operation
from the beginning of any given process to the completion thereof,
excluding any time during which the equipment is idle.
(n) Regulation. "Regulation" means one of the major sub-divisions of
the Rules of the Air Pollution Control District of Nevada County.
(o) Residential (less than four dwelling units) Rubbish. "Residential
Rubbish" means rubbish originating from residential uses and in-
cludes wood, paper, cloth, cardboard, tree trimmings, leaves, lawn
clippings and dry plants.
(p) Rules. "Rule" means a rule of the Air Pollution Control District
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of Nevada County.
(q) Section. "Section" means section of the Health and Safety Code of
the State of California unless some other statute is specifically
mentioned.
(r) Truckee Area: All that area of Nevada County east of the Mountain
Area.
(s) Ventilation Index as given by U.S. Weather Bureau, Sacramento,
California:
180 or less - poor 401 - 600 - good
181 - 400 - fair 600 + very good
(t) Western Nevada County: All that area in the County west of the
Mountains.
(u) Process Weight Rate: "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. Process Weight Rate will be
derived by dividing the total process weight by the number of hours
in any complete operation from the beginning of any given process
to the completion thereof, excluding any time during which the
equipment is idle.
(50.1.1) Sec. 3 Standard Conditions
Standard conditions are a gas temperature of sixty degrees (60°) Fahren-
heit and a gas pressure of 14.7 pounds per square inch absolute. Results
of all analyses and tests shall be calculated or reported at this gas
temperature and pressure.
(15.0) Sec. 4 Enforcement
These Rules and Regulations shall be enforced by the Air Pollution Con-
trol Officer under authority of Section 24224 (b), Article 2; and Sec-
tions 24260, 24262, Article 4; and all officers empowered by Section
24221, Article 2.
(2.0) Sec. 5 Validity
If any regulation, rule, subdivision, sentence, clause or phrase of these
Rules and Regulations if for any reason held to be unconstitutional or
invalid, such decision shall not affect the validity of the remaining
portions of these Rules and Regulations. The Air Pollution Control
Board hereby declares that it would have adopted these Rules and Regula-
tions and every regulation, rule, subdivision, sentence, clause and
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phrase thereof irrespective of the fact that any one or more regulations,
rules* subdivisions, sentences, clauses, or phrases be declared unconsti-
tutional or invalid.
(2.0) Sec. 6 Effective Date
These Rules and Regulations shall take effect on June 30, 1971.
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ARTICLE 2. APPLICATION FOR BUILDING PERMIT
(3.0) Sec. 10 Construction Permit Required
Before any building permit may be issued by the County or City for any
building other than residential, which involves emissions into the air,
approval by the Air Pollution Control District must be first obtained.
No construction or use of any building, article, machine, equipment,
etc., which may cause emission of air contaminant shall take place with-
out approval of the Air Pollution Control District.
(3.0) Sec. 11 Registration Required
Registration of all existing equipment, contrivances, or places of busi-
ness that have burning or send emissions into the atmosphere is required
by July 31, 1971. Registration shall be made on forms provided by APCD.
(3.0) Sec. 12 Exemptions From Permit And Registration
An authorization to construct, permit to operate, or registration, shall
not be required for:
(a) Vehicles as defined by the Vehicle Code of the State of California,
but not including any article, machine, equipment or other con-
trivance mounted on such vehicle that would otherwise require a
permit under the provisions of these Rules and Regulations.
(b) Vehicles used to transport passengers or freight.
(c) Equipment utilized exclusively in connection with any structure,
which structure is designed for and used exclusively as a dwelling
for not more than four (4) 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.
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(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 evapor-
ative 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, plas-
tics or wood.
(7) Residential incinerators when used for burning of paper or
leaves.
(e) Space heaters.
(f) Equipment for food preparation.
(g) Steam heated by natural gas or LPG or both.
(h) Self-propelled mobile construction equipment other than pavement
burners.
(3.0) Sec. 15 Standards For Granting Applications For Building Permits
(a) The Air Pollution Control Officer shall deny authorization to con-
struct, or permit to operate or permit to sell or rent, except as
provided in Section 16, if the applicant does not show that every
article, machine, equipment or other contrivance, the use of which
may cause the issuance of air contaminants, or the use of which may.
eliminate or reduce or control, the issuance of air contaminants, is
so designed, controlled, or equipped with such air pollution control
equipment that it may be expected to operate without emitting or
without causing to be emitted air contaminants in violation of
Sections 24242 or 24243, Health and Safety Code, or of these Rules
and Regulations.
(b) Before authorization to construct or a permit to operate is granted,
the Air Pollution Control Officer may require the applicant to pro-
vide and maintain such facilities as are necessary for sampling and
testing purposes in order to secure information that will disclose
the nature, extent, quantity or degree of air contaminants discharged
into the atmosphere from the article, machine, equipment or other
contrivance described in the authorization to construct or permit
to operate. In the event of such a requirement, the Air Pollution
Control Officer shall notify the applicant in writing of the required
size number and location of sampling holes; the size and location of
the sampling platform; the access to the sampling platform; and the
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utilities for operating the sampling and testing equipment. The
platform and access shall be constructed in accordance with the
General Industry Safety Orders of the State of California.
(c) In acting upon a Permit to Operate, if the Air Pollution Control
Officer finds that the article, machine, equipment or other con-
trivance has been constructed not in accordance with the Authoriza-
tion to Construct, he shall deny the Permit to Operate. The Air
Pollution Control Officer shall not accept any further application
for Permit to Operate the article, machine, equipment or other con-
trivance so constructed until he finds that the article, machine,
equipment or other contrivance has been reconstructed in accordance
with the Authorization to Construct.
(2.0) Sec. 16 Conditional Approval
(a) The Air Pollution Control Officer may issue an authorization to con-
struct or a permit to operate, subject to conditions which will
bring the operation of any article, machine, equipment or other
contrivance within the standards of Section 15, in which case the
conditions shall be specified in writing. Commencing work under
such an authorization to construct, or operation under such a permit
to operate, shall be deemed acceptance of all the conditions so
specified. The Air Pollution Control Officer shall issue an author-
ization to construct or a permit to operate with revised conditions
upon receipt of a new application, if the applicant demonstrates
that the article, machine, equipment or other contrivance can oper-
ate within the standards of Section 15 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
Section 15, in which case the conditions shall be specified in writ-
ing. Selling or renting under such a permit to sell or rent shall
be deemed acceptance of all the conditions so specified. The Air
Pollution Control Officer shall issue a permit to sell or rent with
revised conditions upon receipt of a new application, if the appli-
cant demonstrates that the article, machine, equipment or other con-
trivance can operate within the standards of Section 15 under the
revised conditions.
(3.0) Sec. 17 Denial of Applications
In the event of denial of authorization to construct, permit to operate,
or permit to sell or rent, the Air Pollution Control Officer shall notify
the applicant in writing of the reasons therefor. Service of this noti-
fication may be made in person or by mail, and such service may be
proved by the written acknowledgment of the persons served. The Air
Pollution Control Officer shall not accept a further application unless
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the applicant has complied with objections specified by the Air Pollu-
tion Control Officer as his reasons for denial of the authorization to
construct, the permit to operate or the permit to sell or rent.
(2.0) Sec. 18 Further Information
Before acting on an application for authorization to construct, or per-
mit to operate, or permit to sell or rent, the Air Pollution Control
Officer may require the applicant to furnish further information or
further plans or specifications.
(3.0) Sec. 19 Applications Deemed Denied
The applicant may, at his option, deem the authorization to construct,
permit to operate, or permit to sell or rent approved if the Air Pollu-
tion Control Officer fails to act on the application within thirty (30)
days after filing, or within thirty (30) days after applicant furnished
the further information, plans and specifications requested by the Air
Pollution Control Officer, whichever is later.
(2.0) Sec. 20 Appeals
Within ten (10) days after notice by the Air Pollution Control Officer
of denial or conditional approval of an authorization to construct, per-
mit to operate, to permit to sell or rent, the applicant may petition the
Hearing Board, in writing, for a public hearing. The Hearing Board,
after notice and a public hearing held within thirty (30) days after fil-
ing the petition, may sustain or reverse the action of the Air Pollution
Control Officer; such order may be made subject to specified conditions.
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ARTICLE 3. FEES
(16.0) Sec. 40 Hearing Board Fees
(a) Every applicant or petitioner for variance, or for the extension,
revocation or modification of a variance, or for an appeal from a
denial or conditional approval of an authorization to construct,
permit to operate, or permit to sell or rent, except any state or
local governmental agency or public district, shall pay to the Clerk
of the Hearing Board, on filing, a fee in the sum of Fifteen Dollars
($15.00).
(b) Any person requesting a transcript of the hearing shall pay the
cost of such transcript.
(c) This Rule shall not apply to petitions filed by the Air Pollution
Control Officer.
(9.0) Sec. 41 Analysis Fees
Whenever the Air Pollution Control Officer finds that an analysis of the
emission from any source is necessary to determine the extent and amount
of pollutants being discharged into the atmosphere which cannot be deter-
mined by visual observation, he may order the collection of samples and
the analysis made by qualified personnel. The time required for collect-
ing samples, making the analysis and preparing the necessary reports,
but excluding time required to going to and from such premises, shall
be charged against the owner or operator of said premises in a reason-
able sum to be determined by the Air Pollution Control Officer, which
said sum is not to exceed the actual cost of such work.
(13.0) Sec. 42 Technical Reports, Charges For
Information, circulars, reports of technical work, and other reports pre-
pared by the Air Pollution Control District, when supplied to other
governmental agencies or individuals or groups requesting copies of the
same, may be charged for by the District in sum not to exceed the cost
of preparation and distribution of such documents. All such monies col-
lected shall be turned into the general funds of the said District.
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ARTICLE 4. PROHIBITIONS
(2.0) Sec. 49 District-Wide Coverage
Prohibitions, as set forth in this Article, shall apply in all portions
of the Nevada County Air Pollution Control District unless otherwise
stated.
(50.1.2) Sec. 50 Ringelmann Chart
A person shall not discharge into the atmosphere from any single source
or emission whatsoever any air contaminants for a period or periods
aggregating more than three (3) minutes in any one (1) hour which is:
(a) As dark or darker in shade as that designated as No. 2 on the
Ringelmann chart, as published by the United States Bureau of
Mines (except in Truckee Area, which limit is Ringelmann No. 1), or
(b) Of such opacity as to obscure an observer's view to a degree equal
to or greater than does smoke described in Subsection (a) of this
Section.
(50.7) Sec. 51 Nuisance
A person shall not discharge from any source whatsoever such quantities
of air contaminants or other material which cause injury, detriment,
nuisance or annoyance to any considerable number of persons, or to the
public, or which endanger the comfort, repose, health or safety of any
such persons, or the public, or which cause, or have a natural tendency
to cause, injury or damage to business or property.
Note: Pursuant to Section 24241 of Chapter 2, Division 20 of the State
Health and Safety Code, Section 50 and 51 are effective as of
March 3, 1970.
(50.1) Sec. 52 Particulate Matter
Except as otherwise provided in Sections 53 and 55, a person shall not
discharge into the atmosphere, from any source, particulate matter in
excess of 0.3 grain per cubic foot of gas at standard conditions.
Sec. 52.1 Process Weight Rate
A person shall not discharge into the atmosphere from any source, solid
particulate matter in excess of the rate shown in the following table.
For the purposes of this rule, solid particulate matter includes any
material which would become solid particulate matter if cooled to
standard conditions.
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This Section shall become effective on January 1, 1974 for all sources
which are either in operation, or under construction on June 1, 1972.
This Section shall be effective for all other sources on June 1, 1972.
ALLOWABLE RATE OF EMISSION BASED ON
PROCESS WEIGHT RATE
Process
Rate
Lb/Hr
100
200
400
600
800
1,000
1,500
2,000
2,500
3,000
3,500
4,000
5,000
6,000
7,000
8,000
9,000
10,000
12,000
Weight
Tons/Hr
0.05
0.10
0.20
0.30
0.40
0.50
0.75
1.00
1.25
1.50
1.75
2.00
2.50
3.00
3.50
4.00
4.50
5.00
6.00
Rate of
Emission
Lb/Hr
0.551
0.877
1.40
1.83
2.22
2.58
3.38
4.10
4.76
5.38
5.96
6.52
7.58
8.56
9.49
10.4
11.2
12.0
13.6
Process Weight
Rate
Lb/Hr
16,000
18,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
120,000
140,000
160,000
200,000
1,000,000
2,000,000
6,000,000
Tons/Hr
8.00
9.00
10.
15.
20.
25.
30.
35.
40.
45.
50.
60.
70.
80.
100.
500.
1,000.
3,000.
Rate of
Emission
Lb/Hr
16.5
17.9
19.2
25.2
30.5
35.4
40.0
41.3
42.5
43.6
44.6
46.3
47.8
49.0
51.2
69.0
77.6
92.7
Interpolation of the data for the process weight rates up to
30 tons/hr. shall be accomplished by the use of the equation:
E = 4.10 P0.67 p< 30 tons/hr.
and interpolation and extrapolation of the data for process
weight rates in excess of 30 tons/hr. shall be accomplished
by use of the equation:
E = 55.0 P0-11 - 40 p> 30 tons/hr.
Where: E = Emissions in pounds per hour.
P = Process weight rate in tons per hour.
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(50.0) Sec. 53 Specific Contaminants
A person shall not discharge into the atmosphere from any single source
of emission whatsoever any one or more of the following contaminants, in
any state or combination thereof, exceeding in concentration at the point
of discharge:
(a) Sulphur Compounds calculated as sulphur dioxide (S02) 0.2 percent, by
volume.
(b) Combustion Contaminants: 0.3 grain per cubic foot of gas calculated
to twelve percent (12%) of carbon dioxide (003) at standard condi-
tions. In measuring the combustion contaminants from incinerators
used to dispose of combustible refuse by burning, the carbon dioxide
(C02) produced by combustion of any liquid or gaseous fuels shall
be excluded from the calculation to twelve percent (12%) of carbon
dioxide (C02).
(2.0) Sec. 55 Exceptions The provisions of Section 50 do not apply to:
(a) Smoke from fires set by, or permitted by, any public officer if such
fire is set, or permission given, in the performance of the official
duty of such officer, and such fire, in the opinion of such officer,
is necessary.
(1) For the purpose of the prevention of a fire hazard which cannot
be abated by any other means, or
(2) The instruction of public employees in the methods of fighting
fire.
(b) Smoke from fires pursuant to permit on property used for Industrial
purposes for the purpose of instruction of employees in methods of
fighting fire.
(c) The use of an orchard or citrus grove heater which does not produce
unconsumed solid carbonaceous matter at a rate in excess of one (1)
gram per minute.
(d) The use of other equipment in agricultural operations in the growing
of crops, or raising of fowls or animals.
(e) Smoke from fires as provided for in Section 57.
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(f) Emission which results from equipment breakdown. The person
responsible for such emission shall, with all practicable speed,
initiate and complete appropriate action to correct the condition
causing such emissions and reduce the frequency of occurrence of
such condition. He shall report such breakdown to the Control Of-
ficer within twenty-four (24) hours of such occurrence.
(g) Smoke or fumes which result from acts of God.
(51.13) Sec. 57 OPEN BURNING.
(a) Pursuant to California State Law, open burning will be prohibited (if
a building or more than two (2) dwelling units) after December 31,
1971.
(b) No new commercial, industrial, institutional, governmental agency op-
erations, and multiple residential (if a building of more than four
(4) dwelling units) open burning shall be permitted after the effect-
ive date of this subsection.
(c) As to open burning not banned by subparagraphs (a) and (b) above, the
following regulations shall apply:
(1) Foothill, Mountain, and Truckee Areas: Open burning is pro-
hibited on days when the U.S. Weather Bureau issues a ventilation
index of less than 401 in any of the areas. In such event, warn-
ing shall be issued over local media by the Air Pollution Control
District. This subsection shall not apply to safety flares, fires
nor cooking of food for human consumption, nor fires for recrea-
tional purposes, nor to back fires or other fire control methods
used for the purpose of controlling an existing wild-fire.
(a) This subsection shall not apply to burning permitted under
Section 55(a).
(b) Agricultural burning is permitted, but only on days where the
U.S. Weather Bureau reports the ventilation index as more
than 401.
(c) All Areas: Orchard heaters are permitted if they do not
emit unconsumed solid carbonaceous matter of more than one
(1) gram per minute.
Note: State Law, after January 1, 1975, will not
permit the use of such excessively discharging
heaters. State Law prohibits the sale of such
heaters after January 1, 1971.
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(51.9) Sec. 58 INCINERATOR BURNING.
(a) Except for the burning of residential rubbish which meets the require-
ments Section 57, a person shall not burn any combustible refuse with-
in the boundaries of the Nevada County Air Pollution Control District,
except in a multiple-chamber incinerator as described in Section 2(j)
or in equipment found by the Air Pollution Control Officer to be
equally effective for the purpose of air pollution control.
(b) Additional Prohibitions. The following items are banned from being
burned at any time within the Nevada County Air Pollution Control
District unless the burning is performed in equipment meeting the
requirements of Section 58:
(1) Burning of tires.
(2) Rubber products.
(3) Car bodies or parts.
(4) Demolition material.
(2.0) Sec. 59 CIRCUMVENTION.
A person shall not build, erect, install, or use article, machine, equip-
ment or other contrivance, the use of which, without resulting in a reduc-
tion in the total release of air contaminants to the atmosphere, reduces or
conceals an emission which would otherwise constitute a violation of Divi-
sion 20, Chapter 2, of the Health and Safety Code of the State of Californ-
ia or of these Rules and Regulations. This Section shall not apply to
cases in which the only violation involved is of Section 24243 of the Health
and Safety Code of the State of California.
(51.21) Sec. 60 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, equipment or other
contrivance are:
(a) Incinerated at temperatures of not less than twelve hundred degrees
Fahrenheit (1200F) for a period of not less than 0.3 second, 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 pol-
lution control than (a) above.
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A person incinerating or processing gases, vapors or gas-entrained
effluents pursuant to this rule shall provide, properly install and
maintain in calibration, in good working order, and in operation,
devices as specified in the Authorization to Construct or Permit to
Operate, or as specified by the Air Pollution Control Officer, or
indicating temperature, pressure of other operating conditions.
For the purpose of this Section, "reduction" is defined as any heated
process, including rendering, cooking, drying, dehydrating, digesting,
evaporating and protein concentrating.
The provisions of this Section shall not apply to any article, machine,
equipment or other contrivance used exclusively for the processing of
food for human consumption.
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ARTICLE 5. PROCEDURE BEFORE THE HEARING BOARD
(2.0) Sec. 75 GENERAL
This regulation shall apply to all hearings before the Hearing Board of
the A1r Pollution Control District.
(2.0) Sec. 76 FILING PETITIONS.
Requests for hearing shall be Initiated by the filing of a petition In trip-
licate with the Clerk of the Hearing Board, and the payment of the fee of
Fifteen Dollars ($15.00) provided for In Section 40 of these Rules and Reg-
ulations, after service of a copy of the petition has been made on the Air
Pollution Control Officer, and one copy on the holder of the permit or var-
iance, If any, Involved. Service may be made In person or by mall and ser-
vice may be proved by written acknowledgement of the person served.
(2.0) Sec. 77 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, or corporation
or other entity; names and addresses of the partners if a co-partner-
ship; names and addresses of the officers if a corporation; and the
names and addresses of the persons in control, if other entity.
(c) The type of business or activity involved in the application, and the
street address at which it is conducted;
(d) A brief description of the article, machine, equipment or other con-
trivance, 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 24274, Health and Safety Code
of the State of California;
(2) For a variance under Section 24292, Health and Safety Code;
(3) To revoke or modify a variance under Section 24298, Health and
Safety Code;
(4) To review the denial or conditional granting of an authorization
to construct, permit to operate, or permit to sell or rent under
Sections 15 and 16 of these Rules and Regulations.
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(f) Each petition shall be signed by the petitioner, or by some person on
his behalf; and where the person signing is not the petitioner, it
shall set forth his authority to sign,
(g) Petitions for revocation of permits shall allege* 1n addition, the
section under which permit was granted and 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 section under which the permit was granted; the request
and alleged refusal which formed the basis for such suspension, to-.
gether with a brief statement as to why information requested, if anyp
was not furnished; and whether such information is believed by peti-
tioner to be pertinent, and, if so, when it will be furnished,
(i) All petitions shall be typewritten, double spaced, on 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) Sec. 78 PETITIONS FOR VARIANCES In addition to the matters required by
Section 77, petitions for variances shall state briefly;
(a) The section, rule or order complained of.
(b) The facts showing why compliance with the section, rule, or order is
unreasonable.
(c) For what period of time the variance is sought and why,
(d) The damage or harm resulting or which would result to petitioner from
a compliance with such section, rule or order.
(e) The requirements which petitioner can meet and the date when petitioner
can comply with such requirements.
(f) The advantages and disadvantages to the residents of the district
resulting from requiring compliance or resulting from granting a
variance.
(g) Whether or not operations under such variance, if granted, would con-
stitute a nuisance.
(h) Whether or not any case involving the same identical equipment or
process is pending in any court, civil or criminal.
(i) Whether or not the subject equipment or process is covered by a permit
to operate issued by the Air Pollution Control Officer.
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(2.0) Sec. 79 APPEAL FROM DENIAL.
A petition to review a denial or conditional approval of an authorization
to construct, permit to operate, or permit to sell or rent shall, in ad-
dition to the matters required by Section 77, set forth a summary of the
application, or a copy thereof; the alleged reasons for the denial or con-
ditional approval; and the reasons for appeal.
(2.0) Sec. 80 FAILURE TO COMPLY WITH RULES.
The clerk of the Hearing Board shall not accept for filing any petition
which does not comply with these Sections relating to the form, filing
and service of petitions unless the Chairman or any two of the Hearing
Board direct otherwise and confirm such direction in writing, Such di-
rection need not be made at a meeting of the Hearing Board, The Chairman
or any two members, without a meeting, may require the petitioner to
state further facts or reframe a petition so as to disclose clearly the
issues Involved.
(2.0) Sec. 81 ANSWERS.
Any person may file an answer within ten (10) days after service. All
answers shall be served the same as petitions under Section 76.
(2.0) Sec. 82 DISMISSAL OF PETITION.
The petitioner may dismiss his petition at any time before submission of the
case to the Hearing Board, without a hearing or meeting of the Hearing Board.
The Clerk of the Hearing Board shall notify all interested persons of such
dismissal.
(16.0) Sec. 83 PLACE OF HEARING.
All hearings shall be held at Nevada City, the County seat, unless some
other place 1s designated by the Hearing Board.
(16.0) Sec. 84 NOTICE OF HEARING.
The Clerk of the Hearing Board shall mail or deliver a notice of hearing to
the petitioner, the A1r Pollution Control Officer, the holder of the permit
or variance involved, if any, and to any person entitled to notice under
Sections 24275, 24295, 24299, Health and Safety Code.
(2.0) Sec. 85 EVIDENCE.
(a) Oral evidence shall be taken only on oath or affirmation.
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(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 admit-
ted 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 im-
proper the admission of such evidence over objection in civil actions.
Hearsay evidence may be used for the purpose of supplementing of ex-
plaining 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 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 ex-
cluded.
(2.0) Sec. 86 PRELIMINARY MATTERS.
Preliminary matters such as setting a date for hearing, granting
continuances, approving petitions for filing, allowing amendments,
and other preliminary rulings not determinative of the merits of the
case, may be made by the Chairman or any two members of the Hearing
Board without a hearing or meeting of the Hearing Board and without
notice.
(2.0) Sec. 87 OFFICIAL NOTICE.
The Hearing Board may take official notice of any matter which may
be judicially noticed by the courts of this State.
(2.0) Sec. 88 CONTINUANCES.
The Chairman or any two members of the Hearing Board shall grant any
continuance"of fifteen (15) days or less concurred in by petitioner,
the A1r Pollution Control Officer and by every person who has filed
an answer In the action, and may be ex parte, without a meeting of the
Hearing Board and without prior notice.
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(2.0) sec. 89 DECISION.
The decision shall be 1n writing, served and filed within fifteen (15)
days after submission of the cause by the parties thereto, and shall
contain a brief statement of facts found to be true, the determination
of the Issues presented and the order of the Hearing Board. A copy shall
be mailed or delivered to the Air Pollution Control Officer, the petitioner
and to every person who has filed an answer or who has appeared as a
party 1n person or by counsel at the hearing.
(2.0) Sec. 90 EFFECTIVE DATE OF DECISION.
The decision shall become effective fifteen (15) days after delivering or
mailing a copy of the decision as provided 1n Section 89, or the Hearing
Board may order that the decision shall become effective sooner.
(3.0) Sec. 91 LACK OF PERMIT.
The Hearing Board shall not receive or accept a petition for a variance
for the operation or use of any article, machine, equipment or other
contrivance until a permit to operate has been granted or denied by the
Air Pollution Control Officer; except that an appeal from a denial of a
permit to operate and a petition for a variance may be filed with the
Hearing Board 1n a single petition. A variance granted by the Hearing
Board, after a denial of a permit to operate and a petition for a variance,
may be filed with the Hearing Board, after a denial of a permit to operate
by the A1r Pollution Control Officer, may Include a permit to operate for
the duration of the variance.
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AIR POLLUTION CONTROL
DISTRICT BOUNDARIES
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NEVADA COUNTY
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