U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-296 681
Air Pollution Regulations in State
Implementation Plans: California,
Northern Sonoma County
Abcor, Inc, Wilmington, MA Walden Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NC Control
Programs Development Div
Aug 78
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United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
296681
EPA-450/3-78-054-24.
August 1978
Air
Air Pollution Regulations
in State Implementation
Plans:
California
Northern Sonoma County
REPRODUCED 6V
NATIONAL TECHNICAL
INFORMATION SERVICE
U S DEPARTMENT OF COMMERCE
SPRINGFIELD. VA. 22161
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TECHNICAL REPORT DATA
(Please read Instructions on the reverse before completing/
1 REPORT NO.
EPA-_450/3-7_S-054-24
1. TilLc AND SUBTITLE
Air Pollution Regulations in State Implementation
Plans: California Northern Sonoma County
13. HECIHliN rs ACC^SSIO
: pg .,,-,.
-I,.
REPORT DATE
Augus_M978. _,.
G. PtRFORMiNli ORUANI7ATION CODE
I AUIHOR(S)
8. PERFORMING ORGANIZATION REPORT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Walden Division of Abcor, Inc.
Wilmington, Mass.
12. SPONSORING AGENCY NAME AND ADDRESS
Control Programs Development Division
Office of Air Quality Planning and Standards
Office of Air, Noise, and Radiation
Research Triangle Park, NC 27711
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT NO.
68-02-2890
13. TYPE OF REPORT AND PERIOD COVERED
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
Air pollution
Federal Regulations
Pollution
State Implementation Plans
b.IDENTIFIERS/OPEN ENDED TERMS
c. COSATI Field/Group
18. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
19. SECURITY CLASS (This Report)
Unclassified
21. NO. OF PAGES
20. SECURITY CLASS (Thispage)
Unclassified
22.PR.CE
EPA Form 2220-1 (9-73)
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EPA-450/3-78-054-24
Air Pollution Regulations
in State Implementation Plans:
f
California
Northern Sonoma 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-U50/3-78-054-24
n
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INTRODUCTION
This document has been produced in compliance with Section 110(h)(l)
of the Clean Air Act Amendments of 1977. The Federally enforceable
regulations contained in the State Implementation Plans (SIPs) have been
compiled for all 56 States and territories (with the exception of the
Northern Mariana Islands). They consist of both the Federally approved
State and/or local air quality regulations as indicated in the Federal
Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of
the above categories as of January 1, 1978, have been incorporated. As
mandated by Congress, this document will be updated annually. State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.
There have been recent changes in the Federal enforceability of
parking management regulations and indirect source regulations. The
October, 1977, appropriation bill for EPA prohibited Federal enforcement
of parking management regulations in the absence of specific Federal
authorizing legislation. Federally promulgated parking management
regulations have, therefore, been suspended indefinitely. Pursuant to
the 1977 Clean Air Act Amendments, indirect source regulations may not
be required for the approval of a given SIP. Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted indirect source regulations contained in an applicable SIP
are Federally enforceable. More importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded, operated, or owned 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
i n
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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
EPA-APPROVED REGULATION CHANGES
NORTHERN SONOMA COUNTY
Submittal Date Approval Date Description
6/30/72 9/22/72 Rules all approved
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DOCUMENTATION OF CURRENT EPA-APPROVED
STATE AIR POLLUTION REGULATIONS
REVISED STANDARD SUBJECT INDEX
1.0 DEFINITIONS
2.0 GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES
3.0 REGISTRATION CERTIFICATES, OPERATING PERMITS AND APPLICATIONS
4.0 AIR QUALITY STANDARDS (PRIMARY AND SECONDARY)
4.1 PARTICULATES
4.2 SULFUR DIOXIDE
4.3 NITRIC OXIDES
4.4 HYDROCARBONS
4.5 CARBON MONOXIDE
4.6 OXIDANTS
4.7 OTHERS
5.0 VARIANCES
6.0 COMPLIANCE SCHEDULES
7.0 EQUIPMENT MALFUNCTION AND MAINTENANCE
8.0 EMERGENCY EPISODES
9.0 AIR QUALITY SURVEILLANCE AND SOURCE TESTING
10.0 NEW SOURCE PERFORMANCE STANDARDS
11.0 NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS
12.0 MOTOR VEHICLE EMISSIONS AND CONTROLS
13.0 RECORD KEEPING AND REPORTING
14.0 PUBLIC AVAILABILITY OF DATA
15.0 LEGAL AUTHORITY AND ENFORCEMENT
16.0 HEARINGS, COMPLAINTS, AND INVESTIGATIONS
17.0 PREVENTION OF SIGNIFICANT DETERIORATION
18.0 AIR QUALITY MAINTENANCE AREA
19.0 - 49.0
RESERVED FOR FUTURE EXPANSION OF COMMON INDEX
50.0 POLLUTANT - SPECIFIC REGULATIONS
50.1 PARTICULATES
50.1.1 PROCESS WEIGHT
50.1.2 VISIBLE EMISSIONS
50.1.3 GENERAL
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50.2 SULFUR COMPOUNDS
50.3 NITRIC OXIDES
50.4 HYDROCARBONS
50.5 CARBON MONOXIDE
50.6 ODOROUS POLLUTANTS
50.7 OTHERS (Pb, Hg, etc.)
51.0 SOURCE CATEGORY SPECIFIC REGULATIONS
51.1 AGRICULTURAL PROCESSES (includes Grain Handling, Orchard Heaters,
Rice and Soybean Facilities, Related Topics)
51.2 COAL OPERATIONS (includes Cleaning, Preparation, Coal Refuse
Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
51.3 CONSTRUCTION (includes Cement Plants, Materials Handling, Topics
Related to Construction Industry)
51.4 FERROUS FOUNDRIES (includes Blast Furnaces, Related Topics)
51.5 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Particulates
(includes Fuel Content and Other Related Topics)
51.6 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (includes
Fuel Content and Other Related Topics)
51.7 FUEL BURNING EQUIPMENT (oil, natural gas, coal) - N02 (includes
Fuel Content and Other Related Topics)
51.8 HOT MIX ASPHALT PLANTS
51.9 INCINERATION
51.10 NITRIC ACID PLANTS
51.11 NON-FERROUS SMELTERS (Zn, Cu, etc.) - Sulfur Dioxide
51.12 NUCLEAR ENERGY FACILITIES (includes Related Topic)
51.13 OPEN BURNING (includes Forest Management, Forest Fire, Fire
Fighting Practice, Agricultural Burning and Related Topics)
51.14 PAPER PULP; WOOD PULP AND KRAFT MILLS (includes Related Topics)
51.15 PETROLEUM REFINERIES
51.16 PETROLEUM STORAGE (includes Loading, Unloading, Handling and
Related Topics)
51.17 SECONDARY METAL OPERATIONS (includes Aluminum, Steel and Related
Topics)
51.18 SULFURIC ACID PLANTS
51.19 SULFURIC RECOVERY OPERATIONS
51.20 WOOD WASTE BURNERS
51.21 MISCELLANEOUS TOPICS
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TABLE OF CONTENTS
NORTHERN SONOMA COUNTY REGULATIONS
Revised Standard
Subject Index
(1.0)
(3.0)
(2.0)
(2.0)
(3.0)
(3.0)
(3.0)
(9.0)
(3.0)
(2.0)
(3.0)
(2.0)
(3.0)
(2.0)
(3.0)
(16.0)
(2.0)
(13.0)
Reg-Rule
Number
1
10
11
12
13
14
15
16
17
18
19
20
21
22
40
41
42
43
Title Pacie
Definitions
Permits Required
Exemptions
Transfer
Applications
Cancellation of
Applications
Action on Applications
Provision of Sampling
and Testing Facilities
Standards for Granting
Applications
Conditional Approval
Denial of Applications
Further Information
Applications Deemed
Denied
Appeals
Permit Fees
Hearing Board Fees
Analysis Fees
Technical Reports -
Number
1
4
5
11
11
11
11
11
11
12
13
13
13
13
13
18
18
18
Charges For
vi i i
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Revised Standard Reg-Rule
Subject Index Number Title Page Number
(50.1.2) 50 Ringelmann Chart 18
(2.0) 51 Exceptions 19
(50.7) 52 Nuisance 19
(50.1) 53 Particulate Matter - 20
Concentration
(50.1.1) 54 Particulate Matter - 20
Process Weight Rate
(50.2) 55 Sulfur Compounds - 21
Concentration
(51.19) 55.1 Sulfur Recovery Units 22
(51.18) 55.2 Sulfuric Acid Units 22
(50.2) 56 Sulfide Emission 22
Standard
(51.13) 57 Open Fires 24
(2.0) 57.1 Exceptions-Flood Control 24
and Irrigation Ditches
(2.0) 57.2 Exceptions-Continued 24
(2.0) 57.4 Application 26
(51.9) 58 Disposal of Solid and 26
Liquid Wastes
(51.9) 60 Reduction of Odorous 27
Matter & 61
(51.16) 61 Organic Liquid Loading 27
(51.16) 62 Storage of Petroleum 28
Products
(51.16) 63 Gasoline Loading Into 29
Tanks
IX
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Revised Standard
Subject Index
(50.4)
(51.21)
(51.21)
(51.6) (51.7)
(51.6)
(51.1)
(12.0)
(2.0)
(2.0)
(2.0)
(2.0)
(5.0)
(2.0)
(2.0)
(2.0)
(2.0)
(16.0)
(2.0)
(2.0)
(2.0)
Reg-Rule
Number
64
64.1
64.2
65
66
67
68
69
80
81
82
83
84
85
86
87
88
90
91
92
Tit!e Page Number
Organic Solvents 29
Architectural Coatings 32
Disposal and Evaporation 33
of Solvents
Fuel Burning Equipment 33
Fuel Burning Equipment- 33
Combustion Contaminants
Orchard and Citrus 34
Heaters
Emission Control For 34
Used Motor Vehicles
Circumvention 34
General 34
Filing Petitions 34
Contents of Petitions 35
Petitions for Variances 36
Appeal From Denial 36
Failure to Comply 37
With Rules
Answers 37
Dismissal of Petition 37
Place of Hearing 37
Evidence 37
Preliminary Matters 38
Official Notice. 38
-' x -
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Revised Standard
Subject Index
(2.0)
(2.0)
(2.0)
(3.0)
(15.0)
(15.0)
(8.0)
Reg-Rule
Number
93
94
95
96
100
101
102
Title Page
Continuances
Decision
Effective Date of
Decision
Lack of Permit
Penalties For Violations
Civil Penalties
Episode Procedures
Number
38
38
38
39
39
40
42
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NORTHERN SONOMA COUNTY AIR POLLUTION CONTROL DISTRICT
REGULATION NO. 1 - DEFINITIONS
(1.0) Rule 1. Definitions
Except as otherwise specifically provided in these Rules and Regulations,
and except where the context indicates otherwise, words used in these
Rules and Regulations are used in exactly the same sense as the same
words are used in the Health and Safety Code of the State of California.
(a) AGRICULTURAL OPERATIONS: The growing and harvesting of crops, or
the raising of fowls, animals or bees as a gainful occupation, or
forest management, or range improvement or in the improvement of
land for wildlife and game habit.
(b) AIR CONTAMINANT: Includes smoke, dust, charred paper, soot, grime,
carbon, noxious acids, fumes, gases, odors, or particulate matter,
or any combination thereof.
(c) ALTERATION: Any addition to or enlargement or replacement of, or
any major modification or change of the design, capacity, process,
or arrangement, or any increase in the connected loading of, equip-
ment or control apparatus which will significantly increase or
effect the kind or amount of air contaminant emitted.
(d) ATMOSPHERE: The air that envelopes or surrounds the earth.
(e) BOARD: The Air Pollution Control Board of the Northern Sonoma
County Air Pollution Control District.
(f) COMBUSTIBLE OR FLAMMABLE SOLID WASTE: Any garbage, rubbish, trash,
rags, paper, boxes, crates, excelsior, ashes, offal, carcass of a
dead animal, or any other combustible or flammable refuse matter
which is in solid form.
(g) COMBUSTION CONTAMINANTS: Matter discharged into the atmosphere from
the burning of any kind of material, excluding carbon dioxide and
water.
(h) CONDENSED FUMES: Particulate matter generated by the condensation
of vapors evolved after volatilization from the molten or liquid
state, or may be generated by sublimation, distillation, calcina-
tion or chemical reaction, when these processes create airborne
particles.
(i) CONTROL OFFICER: The Air Pollution Control Officer of the Northern
Sonoma County Air Pollution Control District.
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(j) DUST: Minute solid particles released into the air by natural
forces or by mechanical processes such as crushing, grinding, mill-
ing, drilling, demolishing, shoveling, conveying, covering, bagging,
sweeping, etc.
(k) EMISSION: The act of passing into the atmosphere an air contami-
nant or gas stream which contains an air contaminant, or the air
contaminant so passed into the atmosphere.
(1) EMISSION POINT: The place, located in a horizontal plane and verti-
cal elevation at which an emission enters the atmosphere.
(m) FLUE: Means any duct or passage for air, gases or the like, such
as a stack or chimney.
(n) HEARING BOARD: The appellate review board of the Northern Sonoma
County Air Pollution Control District as provided for in the Health
and Safety Code of the State of California.
(o) HOUSEHOLD RUBBISH: Means waste material and trash, including garden
trash and prunings, normally accumulated by a family in a residence
in the course of ordinary day-to-day living.
(p) GASOLINE: Any petroleum distillate having a Reid vapor pressure of
4 pounds or greater.
(q) INSTALLATION: The placement, assemblage or construction of equip-
ment or control apparatus at the premises where the equipment or
control apparatus will be used, and includes all preparatory work
at such premises.
(r) OPEN OUTDOOR FIRE: Any combustion of solid or liquid waste outdoors
in the open, where the products of combustion are not directed
through a flue.
(s) OPERATION: Any physical action resulting in a change in the loca-
tion, form or physical properties of a material, or any chemical
action resulting in a change in the chemical composition or the
chemical or physical properties of a material.
(t) ORCHARD, VINEYARD, OR CITRUS GROVE HEATER: Any article, machine,
equipment or other contrivance, burning "any type of fuel or material
capable of emitting air contaminants, used or capable of being used
for the purpose of giving protection from frost damage.
(u) OWNER: Includes but is not limited to any person who leases, super-
vises or operates equipment, in addition to the normal meaning of
ownership.
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(v) PARTICULATE MATTER: Discrete atmospheric particles of liquid, other
than uncombined water, or solids, as distinguished from a gas or
vapor.
(w) PERSON OR PERSONS: An individual, public or private corporation,
political subdivision, agency, board, department or bureau of the
state, municipality, partnership, co-partnership, firm, association,
trust or estate, or any other legal entity whatsoever which is
recognized in law as the subject of rights and duties.
(x) PPM: Parts per million by volume expressed on a dry gas basis.
(y) PROCESS WEIGHT PER HOUR: The total weight, including contained
moisture, 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.
(z) SECTION: Refers to a section of the Health and Safety Code of the
State of California unless some other statute is specifically
mentioned.
(aa) STANDARD CONDITIONS: As used in these regulations, refers to a
gas temperature of sixty (60) degrees Fahrenheit and a gas pressure
of fourteen and seven-tenths (14.7) pounds per square inch absolute.
(bb) STANDARD CUBIC FOOT OF GAS: The amount of gas that would occupy a
volume of one (1) cubic foot, if free of combined water, at standard
conditions.
(cc) 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, consist-
ing of three or more refractory lined combustion furnaces in series,
physically separated by refractory walls, interconnected by gas pas-
sage parts or ducts and employing adequate design parameters neces-
sary for maximum combustion of the material to be burned. The
refractories shall have a pyrometric core equivalent to at least 17,
tested according to the method described in the American Society
for Testing Materials, Method C-24.
(dd) TOTAL REDUCED SULFUR (TRS): "TRS" means total reduced sulfur con-
tained in hydrogen sulfide, mercaptans, dimethyl sulfide, dimethyl
disulfide or other organic sulfide compounds, all expressed as
hydrogen sulfide. Sulfur dioxide, sulfur trioxide, or sulfuric
acid mist, or maturally occuring hydrogen sulfide released as a result
of geothermal operations, are not to be included in the determination
Or IKo.
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(ee) NON-CONDENSIBLES: "Non-Condensibles" means the TRS portion of any
gases and vapors released in a kraft pulp mill from the digester
flash steam condensers, blow tanks, multiple effect evaporator
vacuum seal tanks and multiple effect evaporator condensers.
(ff) SUNSET: Means the time of civil sunset at San Francisco.
REGULATION NO. 2 - PERMITS
(3.0) Rule 10. Permits Required
(a) AUTHORITY TO CONSTRUCT: Any person building, erecting, altering or
replacing any article, machine, equipment or other contrivance, the
use of which may cause the issuance of air contaminants or the use
of which may eliminate or reduce or control the issuance of air con-
taminants, shall first obtain authorization ofr such construction
from the Air Pollution Control Officer. An Authority to Construct
shall remain in effect until the permit to operate the equipment
for which the application was filed is granted or denied or the
application is canceled.
(b) PERMIT TO OPERATE: Before any article, machine, equipment or other
contrivance described in Rule 10(a) may be operated or used, a
written permit shall be obtained from the Air Pollution Control
Officer. No permit to operate or use shall be granted either by
the Air Pollution Control Officer or the Hearing Board for any
article, machine, equipment or contrivance described in Rule 10(a),
constructed or installed without authorization as required by
Rule 10(a), until the information required is presented to the Air
Pollution Control Officer and such article, machine, equipment or
contrivance is altered, if necessary, and made to conform to the
standards set forth in Rule 17 and elsewhere in these Rules and
Regulations.
(c) POSTING OF PERMIT TO OPERATE: A person who has been granted under
Rule 10 a permit to operate any article, machine, equipment, or
other contrivance described in Rule 10(b) shall firmly affix such
permit to operate, an approved facsimile or other approved identi-
fication bearing the permit number upon the article, machine, equip-
ment, or other contrivance in such a manner as to be clearly visible
and accessible. In the event that the article, machine, equipment
or other contrivance is so constructed or operated that the permit
to operate cannot be so placed, the permit to operate shall be
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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(d) A person shall not wilfully deface, alter, forge, counterfeit, or
falsify a permit to operate any article, machine, equipment, or
other contrivance.
(2.0) Rule 11. Exemptions
An authority to construct or a permit to operate shall not be required
for:
(a) Vehicles as defined by the Vehicle Code of the State of California
but not including any article, machine, equipment or other con-
trivance mounted on such vehicle that would otherwise require a
permit under the provisions of these Rules and Regulations.
(b) Vehicles used to transport passengers or freight.
(c) Equipment utilized exclusively in connection with any structure,
which structure is designed for and used exclusively as a dwelling
for not more than four families.
(d) The following equipment:
1. Comfort air-conditioning or comfort ventilating systems which
are not designed to remove air contaminants generated by or
released from specific units or equipment.
2. Refrigeration units except those used as, or in conjunction with,
air pollution control equipment.
3. Piston type internal combustion engines.
4. Water cooling towers and water cooling ponds not used for
evaporative cooling of process water or not used for evapo-
rative cooling of water from barometric jets or from baro-
metric condensers.
5. Equipment used exclusively for steam cleaning.
6. Presses used exclusively for extruding metals, minerals, plastics
or wood.
7. Porcelain enameling furnaces, porcelain enameling drying ovens,
vitreous enameling furnaces or vitreous enameling drying ovens.
8. Presses used for the curing of rubber products and plastic
products.
9. Equipment used exclusively for space heating, other than
boilers.
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10. Equipment used for hydraulic or hydrostatic testing.
11. All sheet-fed printing presses; and all other printing presses
without driers.
12. Tanks, vessels and pumping equipment used exclusively for the
storage or dispensing of fresh commercial or purer grades of:
a. Sulfuric acid with an acid strength of 99 per cent or less
by weight.
b. Phosphoric acid with an acid strength of 99 per cent or
less by weight.
c. Nitric acid with an acid strength of 70 per cent or less
by weight.
13. 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.
14. Equipment used exclusively for the dyeing or stripping (bleach-
ing) of textiles where no organic solvents, diluents or thinners
are used.
15. Equipment used exclusively to mill or grind coatings and mold-
ing compounds where all materials charged are in a paste form.
16. Crucible type or pot type furnaces with a brimful capacity of
less than 450 cubic inches of any molten metal.
17. Equipment used exclusively for the melting or applying of wax
where no organic solvents, diluents or thinners are used.
18. Equipment used exclusively for bonding lining to brake shoes.
19. Lint traps used exclusively in conjunction with dry cleaning
tumblers.
20. Equipment used in eating establishments for the purpose of pre-
paring food for human consumption.
21. Equipment used exclusively to compress or hold dry natural gas.
22. Tumblers used for the cleaning or deburring of metal products
without abrasive blasting.
23. Shell core and shell-mold manufacturing machines.
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24. Molds used for the casting of metals.
25. Abrasive blast cabinet-dust filter integral combination units
where the total internal volume of the blast section is 50 cubic
feet or less.
26. Batch mixers of 5 cubic feet rated working capacity or less.
27. Equipment used exclusively for the packaging of lubricants or
greases.
28. Equipment used exclusively for the manufacture of water emul-
sions of asphalt, greases, oils or waxes.
29. Ovens used exclusively for the curing of vinyl plastisols by
the closed mold curing process.
30. Equipment used exclusively for conveying and storing plastic
pellets.
31. Equipment used exclusively for the mixing and blending of
materials at ambient temperature to make water based adhesives.
32. Smokehouses in which the maximum horizontal inside cross-
sectional area does not exceed 20 square feet.
33. Platen presses used for laminating.
(e) The following equipment or any exhaust system or collector serving
exclusively such equipment:
1. Blast cleaning equipment using a suspension of abrasive in 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 natu-
ral gas, liquefied 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
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drawing of metals or for heating metals immediately prior to
forging, pressing, rolling or drawing.
8. Die casting machines.
9. Atmosphere generators used in connection with metal heat treat-
ing processes.
10. Photographic process equipment by which an image is reproduced
upon material sensitized to radiant energy.
11. Brazing, soldering or welding equipment.
12. Equipment used exclusively for the sintering of glass or metals.
13. Equipment used for buffing (except automatic or semi-automatic
tire buffers) or polishing, carving, cutting, drilling, machin-
ing, routing, sanding, sawing, surface grinding or turning of
ceramic artwork, ceramic precision parts, leather, metals,
plastics, rubber, fiberboard, masonry, asbestos, carbon or
graphite.
14. Equipment used for carving, cutting, drilling, surface grinding,
planning, routing, sanding, sawing, shredding or turning of
wood, or the pressing or storing of sawdust, wood chips or wood
shavings.
15. 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 brass, bronze, cadmium, copper,
iron, lead, nickel, tin, zinc, and precious metals.
16. Equipment used for washing or drying products fabricated from
metal or glass, provided that no volatile organic materials are
used in the process and that no oil or solid fuel is burned.
17. Laundry dryers, extractors or tumblers used for fabrics cleaned
only with water solutions of bleach or detergents.
18. Foundry sand mold forming equipment to which no heat is applied.
19. Ovens used exclusively for curing potting materials or castings
made with epoxy resins.
20. Equipment used to liquefy or separate oxygen, nitrogen or the
rare gases from the air.
21. Equipment used for compression molding and injection molding of
plastics.
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22. Mixers for rubber or plastics where no material in powder form
is added and no organic solvents, diluents or thinners are used.
23. Equipment used exclusively to package Pharmaceuticals and cos-
metics or to coat pharmaceutical tablets.
24. Equipment used exclusively to grind, blend or package tea,
cocoa, spices or roasted coffee.
25. Roll mills or calenders for rubber or plastics where no organic
solvents, diluents or thinners are used.
26. Vacuum producing devices used in laboratory operations or in
connection with other equipment which is exempted by Rule 11.
(f) Steam generators, steam superheaters, water boilers, water heaters,
and closed heat transfer systems that have a maximum heat input rate
of less than 250,000,000 British Thermal Units (BTU) per hour (gross),
and are fired exclusively with one of the following:
1. Natural gas.
2. Liquefied petroleum gas.
3. A combination of natural gas and liquefied petroleum gas.
(g) Natural draft hoods, natural draft stacks or natural draft ventila-
tors.
(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 liquefied gases.
4. Unheated storage of organic materials with an initial boiling
point of 300 degrees F. or greater.
5. The storage of fuel oils with a gravity of 25 degrees API or
lower.
6. The storage of lubricating oils.
7. The storage of fuel oils with a gravity of 40 degrees API or
lower and having a capacity of 10,000 gallons or less.
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8. The storage of organic liquids, except gasoline, normally used
as solvents, diluents or thinners, inks, colorants, paints,
lacquers, enamels, varnishes, liquid resins or other surface
coatings, and having a capacity of 6,000 gallons or less.
9. The storage of liquid soaps, liquid detergents, vegetable oils,
waxes or wax emulsions.
10. The storage of asphalt. :
11. Unheated solvent dispensing containers, unheated non-conveyorized
solvent rinsing containers or unheated non-conveyorized coating
dip tanks of 100 gallons capacity or less.
12. The storage of gasoline having a capacity of less than 250 gal-
lons.
13. Transporting materials on streets or highways.
(i) Equipment used exclusively for heat treatinq qlass or metals, or
used exclusively for case hardening, carburizing, cyaniding, nitrid-
ing, siliconizing or diffusion treating of metal objects.
(j) Crucible furnaces, pot furnaces or induction furnaces, with a
capacity of 1000 pounds or less each, in which no sweating or dis- ,
tilling is conducted and from which only the following metals are
poured or in which only the following metals are held in a molten
state:
1. Aluminum or any alloy containing over 50 per cent aluminum.
2. Magnesium or any alloy containing over 50 per cent magnesium.
3. Lead or any alloy containing over 50 per cent lead.
4. Tin or any alloy containing over 50 per cent tin.
5. Zinc or any alloy containing over 50 per cent zinc.
6. Copper.
7. Precious metals.
(k) Vacuum cleaning systems used exclusively for industrial, commercial
or residential housekeeping purposes.
(1) Structural changes which cannot change the quality, nature or
quantity of air contaminant emissions.
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(m) Repairs or maintenance not involving structural changes to any
equipment for which a permit has been granted.
(n) Identical replacements in whole or in part of any article, machine,
equipment or other contrivance where a permit to operate had pre-
viously been granted for such equipment under Rule 10.
(2.0) Rule 12. Transfer
An authority to construct or permit to operate shall not be transfer-
able, whether by operation of law or otherwise, either from one location
to another, from one piece of equipment to another, or from one person
to another.
(3.0) Rule 13. Applications
Every application for an authority to construct, or permit to operate,
required under Rule 10 shall be filed in the manner and form prescribed
by the Air Pollution Control Officer, and shall give all the informa-
tion necessary to enable the Air Pollution Control Officer to make the
determination required by Rule 17 hereof.
(3.0) Rule 14. Cancellation of Applications
(a) An Authority to construct shall expire and the application shall
be canceled two years from the date of issuance of the authority
to construct.
(b) An application for permit to operate existing equipment shall be
canceled two years from the date of filing of the application.
(3.0) Rule 15. Action On Applications
The Air Pollution Control Officer shall act, within a reasonable time,
on an application for authority to construct, or permit to operate, and
shall notify the applicant in writing of his approval, conditional
approval or denial.
(9.0) Rule 16. 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 author-
ity to construct or permit to operate.
(3.0) Rule 17. Standards for Granting Applications
(a) The Air Pollution Control Officer shall deny an authority to con-
struct, or permit to operate, except as provided in Rule 18, if
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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, con-
trolled, 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 Reg-
ulations.
(b) Before an authority to construct or a permit to operate is granted,
the Air Pollution Control Officer may require the applicant to
provide and maintain such facilities as are necessary for sampling
and testing purposes in order to secure information that will dis-
close the nature, extent, quantity or degree of air contaminants
discharged into the atmosphere from the article, machine, equip-
ment or other contrivance described in the authority to construct
or permit to operate. In the event of such a requirement, the Air
Pollution Control Officer shall notify the applicant in writing of
the required size, number and location of sampling holes; the size
and location of the sampling platform; the access to the sampling
platform; and the utilities for operating the sampling and testing
equipment. The platform and access shall be constructed in accord-
ance with the General Industry Safety Orders of the State of Calif-
ornia.
(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 Authority
to Construct, he shall deny the Permit to Operate. The Air Pollu-
tion 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 Authority to Construct.
(2.0) Rule 18 Conditional Approval
(a) The Air Pollution Control Officer may issue an authority 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 Rule 17, 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 speci-
fied. The Air Pollution Control Officer shall issue an authority
to construct or a permit to operate with revised conditions upon
receipt of a new application, if the applicant demonstrates that
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the article, machine, equipment or other contrivance can operate
within the standards of Rule 17 under the revised conditions,
(3.0) Rule 19. Denial of Applications
In the event of denial of an authority to construct, or permit to o
ate, the Air Pollution Control Officer shall notify the applicant in
writing of the reasons therefor. Service of this notification may 6e
made in person or by mail, and such service may be proved by the written
acknowledgment 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 objec-
tions specified by the Air Pollution Control Officer as his reasons for
denial of the authority to construct, or the permit to operate.
(2.0) Rule 20. Further Information
Before acting on an application for authority to construct, or permit
to operate, the Air Pollution Control Officer may require the applicant
to furnish further information or further plans or specifications.
(3.0) Rule 21. Applications Deemed Denied
The applicant may at his option deem the authority to construct, or
permit to operate, denied if the Air Pollution Control Officer fails to
act on the application within 30 days after filing, or within 30 days
after applicant furnishes the further information, plans and specifica-
tions requested by the Air Pollution Control Officer, whichever is later.
(2.0) Rule 22. 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, 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 or reverse
the action of the Air Pollution Control Officer; such order may be made
subject to specified conditions.
(3.0) Rule 40. Permit Fees
Every applicant, except any state or local governmental agency or pub-
lic district, for an authority to construct or a permit to operate any
article, machine, equipment or other contrivance, for which an authority
to construct or permit to operate is required by the State law or the
Rules and Regulations of the Air Pollution Control District, shall pay a
filing fee of $ . Where an application is filed for a permit to
operate any article, machine, equipment or other contrivance by reason
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of transfer from one person to another, and where a permit to operate
had previously been granted under Rule 10, and no alteration, addition or
transfer of location has been made, the applicant shall pay only a $
filing fee.
Every applicant, except any state or local governmental agency or pub-
lic district, for a permit to operate, who files an application with the
Air Pollution Control Officer, shall, in addition to the filing fee pre-
scribed herein, pay the fee for the issuance of a permit to operate in
the amount prescribed in the following schedules, provided, however, that
the filing fee shall be applied to the fee prescribed for the issuance
of the permit to operate.
If an application for an authority to construct or a permit to operate
is canceled, or if an authority to construct or a permit to operate is
denied and such denial becomes final, the filing fee required herein
shall not be refunded nor applied to any subsequent application.
Where an application is filed for a permit to operate any vehicle,
machine, equipment or other contrivance by reason of transfer of loca-
tion or transfer from one person to another, or both, and where a permit
to operate had previously been granted for such equipment under Rule 10
and an alteration or addition has been made, the applicant shall be
assessed a fee based upon the increase in total horsepower rating, the
increase in total fuel consumption expressed in thousands of British
Thermal Units (BTU) per hour, 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 the application is for trans-
fer of location and no alteration or addition has been made, the appli-
cant shall pay only a filing fee of $ .
Where an application is filed for an authority to construct or a permit
to operate exclusively involving revisions to the conditions of an
existing permit to operate or involving alterations or additions result-
ing in a change to any existing article, machine, equipment or other
contrivance holding a permit under the provisions of Rule 10 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 addi-
tions, as described in the fee schedules contained herein. Where there
is no change or is a decrease in such ratings, the applicant shall pay
only the amount of the filing fee required herein.
After the provisions for granting permits as set forth in Chapter 2,
Division 20, of the Health and Safety Code and the Rules and Regulations
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have been complied with, the applicant shall be notified by the Air Pol-
lution Control Officer, in writing, of the fee to be paid for issuance
of the permit to operate. Such notice may be given by personal service
or by deposit, postpaid, in the United States mail and shall serve as a
temporary permit to operate for 30 days from the date of personal serv-
ice or mailing. Nonpayment of the fee within this period of time shall
result in the automatic cancellation of the application.
In the event that more than one fee schedule is applicable to a permit
to operate, the governing schedule shall be that which results in the
higher fee.
In the event that a permit to operate is granted by the Hearing Board
after denial by the Air Pollution Control Officer or after the applicant
deems his application denied, the applicant shall pay the fee prescribed
in the following schedules within 30 days after the date of the decision
of the Hearing Board. Nonpayment of the fee within this period of time
shall result in automatic cancellation of the permit and the application.
Such a fee shall not be charged for a permit to operate granted by the
Hearing Board for the duration of a variance.
A request for a duplicate permit to operate shall be made in writing to
the Air Pollution Control Officer within 10 days after the destruction,
loss or defacement of a permit to operate. A fee of $ shall be
charged, except to any state or local governmental agency or public dis-
trict, for issuing a duplicate permit to operate.
It is hereby determined that the cost of issuing permits and of inspec-
tions pertaining to such issuance exceeds the fees prescribed.
SCHEDULE 1
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 electric motors included in
any article, machine, equipment or other contrivance, in accordance with
the following schedule:
HORSEPOWER FEE
(a) up to and including 2% $ ,00
(b) greater than 2^ but less than , ,, ,QQ
(c) 5 or greater but less than 15,, ,,,.,,,,, .00.
(d) 15 or greater but less than 45 ,, ,00
(e) 45 or greater but less than 65 ,,.. ,00
(f) 65 or greater but less than 125 ,00
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(g) 125 or greater but less than 200 $ .00
(h) 200 or greater .00
SCHEDULE 2
FUEL BURNING EQUIPMENT SCHEDULE
Any article, machine, equipment or other contrivance in which fuel is
burned, with the exception of incinerators which are covered in Schedule
4, shall be assessed a permit fee based upon the design fuel consumption
of the article, machine, equipment or other contrivance expressed in
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
(a) up to and including 150 $ .00
(b) greater than 150 but less than 400 .00
(c) 400 or greater but less than 650 .00
(d) 650 or greater but less than 1500 .00
(e) 1500 or greater but less than 2500 .00
(f) 2500 or greater but less than 5000 .00
(g) 5000 or greater but less than 15000 .00
(h) 15000 or greater .00
SCHEDULE 3
ELECTRICAL ENERGY SCHEDULE
Any article, machine, equipment or other contrivance which uses elec-
trical energy, with the exception of electric motors covered in Schedule
1, shall be assessed a permit fee based on the total kilovolt ampere
(KVA) ratings, in accordance with the following schedule:
KILOVOLT AMPERE FEE
(a) up to and including 20 $ .00
(b) greater than 20 but less than 40 .00
(c) 40 or greater but less than 145 .00
(d) 145 or greater but less than 450 .00
(e) 450 or greater but less than 4500 .00
(f) 4500 or greater but less than 14500 .00
(g) 14500 or greater but less than 45000 .00
(h) 45000 or greater .00
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SCHEDULE 4
INCINERATOR SCHEDULE
Any article, machine, equipment or other contrivance designed and used
primarily to dispose of combustible refuse by wholly consuming the
material charged leaving only the ashes or residue shall be assessed a
permit fee based on the following schedule of the maximum horizontal
inside cross sectional area, in square feet, of the primary combustion
chamber:
AREA, IN SQUARE FEET FEE
(a) up to and including 3 $ .00
(b) greater than 3 but less than 4 .00
(c) 4 or greater but less than 7 .00
(d) 7 or greater but less than 10 .00
(e) 10 or greater but less than 15 .00
(f) 15 or greater but less than 23 .00
(g) 23 or greater but less than 40 .00
(h) 40 or greater .00
SCHEDULE 5
STATIONARY CONTAINER SCHEDULE
Any stationary tank, reservoir, or other container shall be assessed a
permit fee based on the following schedule of capacities in gallons or
cubic equivalent:
GALLONS FEE
(a) up to and including 4000 $ .00
(b) greater than 4000 but less than 10000 .00
(c) 10000 or greater but less than 40000 .00
(d) 40000 or greater but less than 100000 .00
(e) 100000 or greater but less than 400000 .00
(f) 400000 or greater but less than 1000000... .00
(g) 1000000 or greater but less than 4000000.. .00
(h) 4000000 or greater .00
SCHEDULE 6
MISCELLANEOUS SCHEDULE
Any article, machine, equipment or other contrivance which is not in-
cluded in the preceding schedules shall be assessed a permit fee of
$
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(16.0) Rule 41. 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 authority to construct or per-
mit to operate, 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 $ . It is hereby determined that
the cost of administration of Article 5, Chapter 2, Division 20,
Health and Safety Code, or Rule 22 of these Rules and Regulations,
exceeds $ per petition.
(b) Any person requesting a transcript of the hearing shall pay the cost
of such transcript.
(c) This rule shall not apply to petitions filed by the Air Pollution
Control Officer.
(2.0) Rule 42. Analysis Fees
(9.0)
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 approved by the Air Pollution
Control Officer. The time required for collecting samples, making the
analysis and preparing the necessary reports, but excluding time re-
quired in going to and from such premises shall be charged against the
owner or operator of said premises in a reasonable sum to be determined
by the Air Pollution Control Officer, which said sum is not to exceed
the actual cost of such work.
(13.0) Rule 43. Technical Reports - Charges For
Information, circulars, reports of technical work, and other reprints
prepared by the Air Pollution Control District when supplied to other
governmental agencies or individuals or groups requesting copies of the
same may be charged for by the District in a sum not to exceed the cost
of preparation and distribution of such documents. All such monies col-
lected shall be turned into the general funds of the said District.
REGULATION NO. 4 - PROHIBITIONS
(50.1.2) Rule 50. Ringelmann Chart
A person shall not discharge into the atmosphere from any single source
of emission whatsoever any air contaminants for a period or periods
aggregating more than three minutes in any one hour which is:
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(a) As dark or darker in shade as that designated as No. 2 on the Ringel-
mann Chart, as published by the United States Bureau of Mines, or
(b) Of such opacity as to obscure an observer's view to a degree equal
to or greater than does smoke described in subsection (a) of this
Rule.
(2.0) Rule 51. Exceptions
The provisions of Rule 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
by abated by any other means, or
2. The instruction of public employees in the methods of fighting
f i re.
(b) Smoke from fires set pursuant to permit on property used for indus-
trial purposes for the purpose of instruction of employees in methods
of fighting fire.
(c) Agricultural operations in the growing of crops, or raising of fowls
or animals, forest management, or range improvement, or in the
improvement of land for wildlife and game habitat.
(d) The use of an orchard or citrus grove heater which does not produce
unconsumed solid carbonaceous matter at a rate in excess of one (1)
gram per minute.
(e) The use of other equipment in agricultural operations in the grow-
ing of crops, or raising of fowls or animals.
(f) Dust and particulate matter released incident to completing and
cleaning out a geothermal well and placing it on production.
(50.7) Rule 52. 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.
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(50.1) Rule 53. Particulate Matter - Concentration
A person shall not discharge into the atmosphere from any source particu-
late matter in excess of the concentration shown in the following table:
(see Rule 53 Table).
Where the volume discharged falls between figures listed in the table,
the exact concentration permitted to be discharged shall be determined
by linear interpolation.
The provisions of this rule shall not apply to emissions resulting from
the combustion of liquid or gaseous fuels in steam generators or gas
turbines, or from clean-out and completing of steam wells, provided such
particulate matter, in excess of the levels allowed in this rule, remains
confined to the property of the owner of such steam wells.
For the purposes of this rule "particulate matter" includes any material
which would become particulate matter if cooled to standard conditions.
TABLE & RULE 53 - GRAIN LOADING
MINIMUM CONCENTRATION TO BE REQUIRED
Source Gas
Volume. SCFM
TTooo
or less
8,000
9,000
10,000
20,000
30,000
40,000
50,000
60,000
80,000
100,000
120,000
Concentration
GR/SCF
OTfOO
0.096
0.092
0.039
0.071
0.062
0.057
0.053
0.050
0.045
0.042
0.040
Source Gas
Volume, SCFM
140.000
160,000
180,000
200,000
300,000
400,000
500,000
600,000
800,000
1,000,000
or more
Concentration
GR/SCF
O3§
0.036
0.035
0.034
0.030
0.027
0.025
0.024
0.021
0.020
(50.1.1) Rule 54. Parttculate Matter - Process Weight Rate
A person shall not discharge into the atmosphere from any source solid
particulate matter, including lead and lead compounds, in excess of the
rate shown in the following table(See Rule 54 Table).
Where the process weight per hour falls between figures listed in the
table, the exact weight of permitted discharge shall be determined by
linear interpolation.
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For the purposes of this rule "solid particulate matter1 includes any
material which would become solid particulate matter if cooled to
standard conditions.
TABLE 54
ALLOWABLE RATE OF EMISSION BASED ON
PROCESS WEIGHT RATE
Process Weight
Rate
Lb/Hr
MO
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
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
Rate of
Emission
Lb/Hr
0755T
0.877
1.40
1.83
2.22
2.58
3.38
4.10
4.70
5.38
5.96
6.52
7.58
8.56
9.49
10.4
11.2
12.0
Process Weight
Rate
Lb/Hr
TeTooo
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.
40.
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
40.0
40.0
40.0
40.0
40.0
40.0
40.0
40.0
40.0
40.0
40.0
12,000
6.00
13.6
Interpolation of the data in this Table shall be accomplished by
use of the equation:
E = 4.10 PW
where E = rate of emission in Ib/hr, not to exceed 40 Ib/hr
and P = process weight rate in tons/hr.
(50.2) Rule 55. Sulfur Compounds - Concentration
A person shall not discharge into the atmosphere sulfur compounds, which
would exist as a liquid or gas at standard conditions, exceeding in con-
centration at the point of discharge: 1000 PPM by volume calculated as
sulfur dioxide (S02).
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(51.19) Rule 55.1. Sulfur Recovery Units
A person shall not discharge into the atmosphere from any sulfur recovery
unit producing elemental sulfur, effluent process gas containing more
than:
1. 300 parts per million by volume of sulfur compounds calculated
as sulfur dioxide.
2. 10 parts per million by volume of hydrogen sulfide.
3. 200 pounds per hour of sulfur compounds calculated as sulfur
dioxide.
Any sulfur recovery unit having an effluent process gas discharge con-
taining less than 10 pounds per hour of sulfur compounds calculated as
sulfur dioxide may dilute to meet the provision of number (1) above.
(51.18) Rule 55.2. Sulfuric Acid Units
A person shall not discharge into the atmosphere from any sulfuric acid
unit, effluent process gas containing more than:
1. 300 parts per million by volume of sulfur compounds calculated
as sulfur dioxide.
2. 200 pounds per hour of sulfur compounds calculated as sulfur
dioxide.
(50.2) Rule 56. Sulfide Emission Standard
(a) A person shall not discharge total reduced sulfur (TRS), as defined
in Rule 1 (dd), into the atmosphere from any single emission point
in excess of the total daily weight calculated by the formula:
TRS (pounds per day) = 0.012 (Hs)2
Where H^ is the height in feet of the emission point above Mean
Ground Elevation. Mean Ground Elevation shall be computed as the
arithmetic average of the highest and lowest ground-level elevations
within a 1,000 yard radius of the emission point. In no case is the
lowest ground-level elevation to be less than mean sea level.
Effective January 1, 1973 a person shall not discharge total re-
duced sulfur (TRS), as defined in Rule 1 (dd), into the atmosphere
from any single emission point at a concentration exceeding 60 parts
per million by volume, or in excess of the total daily weight calcu-
lated by the formula:
TRS (pounds per day) = 0.012 (Hj2
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whichever is the mere restrictive condition, where Hs is the height
in feet of the emission point above Mean Ground Elevation. Mean
Ground Elevation shall be computed as the arithmetic average of the
highest and lowest ground-level elevations within a 1,000-yard
radius of the emission point. In no case is the lowest ground-level
elevation to be less than mean sea level.
(b) In any integrated manufacturing facility designed for conversion of
wood materials into pulp and/or paper, the total maximum allowable
monthly TRS emissions released to the atmosphere must not exceed one
pound of TRS per ton of dry wood charged into the conversion process.
Wood materials used exclusively for fuel are not to be considered
as charge to the conversion process.
Effective January 1, 1973 the total maximum allowable monthly TRS
emissions released to the atmosphere must not exceed 0.8 pounds of
TRS per ton of dry wood charged into the conversion process.
(c) It shall be unlawful for any person to cause or permit the emission
of air contaminants from any premises which will result in ground-
level concentrations of TRS, expressed as hydrogen sulfide, in
excess of 0.03 ppm for a period of 60 minutes.
(d) A person complying with the requirements of Rule 56 (a) and releas-
ing in excess of 100 pounds per day of TRS from a single emission
point shall be required to provide, install, maintain and continuous-
ly operate a recording instrument at such emission point which will
record the concentrations of TRS emissions. At least one such re-
cording instrument shall be installed in the exhaust stacks from
kraft recovery furnace flue gas systems at the point of emission to
the atmosphere and from kraft pulp mill lime kilns. The recording
section of such instruments shall be installed in a location subject
to frequent operator surveillance or equipped with suitable alarm
devices.
(e) Where the Control Officer demonstrates by standardized analytical
chemistry procedures that the requirements of Rule 56(c) have been
violated on at least three separate occasions within a one-month
period, the person causing said violation shall provide, install,
maintain and operate a recording instrument, located at ground
level, which will monitor the TRS concentration at the property
limits. Location of said monitoring instrument is to be approved
by the Control Officer.
(f) Emissions exceeding the limits established by Rule 56(c) shall not
constitute a violation provided such emissions, from the emission
point to the point of such concentration, are on the property con-
trolled by the person responsible for such emissions.
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(g) A summary of the data obtained under the provisions of Rule 56(b),
Rule 56(d), and Rule 56(e), if applicable, shall be submitted to
the Control Officer once each calendar month no later than the fif-
teenth day of the following calendar month. This summary shall be
presented in the manner and form as prescribed by the Air Pollution
Control Officer.
(h) Effective January 1, 1973 a person shall not discharge non-
condensibles as defined in Rule 1 (ee), into the atmosphere from
any emission point, until said non-condensibles have been treated
in an air pollution abatement operation for removal, thermal oxida-
tion or chemical destruction of the TRS compounds contained therein.
The net emission of non-condensibles from any such air pollution
abatement operation shall not exceed a TRS concentration of 60 parts
per million by volume for a period or periods aggregating more than
30 minutes in any 24 hour period, or in excess of a total daily
weight of 100 pounds of TRS, whichever is the more restrictive con-
dition.
(51.13) Rule 57. Open Fires
No person shall use open fires for the purpose of disposal of petroleum
wastes, demolition debris, tires, tar, trees, wood waste, or other com-
bustible or flammable solid or liquid waste; or for metal salvage or
burning automobile bodies, except as otherwise provided in Rule 57.
(2.0) Rule 57.1. Exceptions - Flood Control and Irrigation Ditches
Nothing in Rule 57 shall be construed as limiting the authority granted
under other provisions of law:
(a) To a public official in charge of flood control activities to set
or permit fires for the purpose of disposal of material which is
lying or growing within natural channels or flood control channels
which fires are in the opinion of such official a necessary incident
to the clearing and maintenance of water courses and flood control
channels for the specific purpose of preventing or eliminating a
flood hazard, provided that the Air Pollution Control Officer has
given prior approval.
(b) To a fire official having jurisdiction in the performance of official
duty, to set or permit fires necessary to control the growth of
vegetation in irrigation ditches and canals. The fire official shall
notify the Air Pollution Control Officer in advance of each fire set
or pemitted by him under this subsection.
(2.0) Rule 57.2. Exceptions - Continued
Nothing in Rule 57 shall be construed as limiting the authority granted
under other provisions of law:
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(a) To any public officer to set or permit a fire when such fire is,
in his opinion, necessary for any of the following purposes:
1. For the purpose of the prevention of a fire hazard which cannot
be abated by any other means;
2. The instruction of public employees in the methods of fighting
fire; and
3. Set pursuant to permit on property used for industrial purposes
for the purpose of instruction of employees in methods of
fighting fires.
(b) To set or cause to be set backfire necessary to save life or valuable
property pursuant to Section 4426 of the Public Resources Code.
(c) To abate fires pursuant to Chapter 2 (commencing with Section 13055)
of Part 1 of Division 12 of the California Health and Safety Code.
(d) To use fires only for cooking of food for human beings or for
recreational purposes.
(e) To use fires for disposal of household rubbish orginating at single-
or two-family dwellings when the burning takes place on the premises.
(f) To use safety flares for the combustion of waste gases.
(g) Nothing in Rule 57 shall be construed to prohibit open burning at
solid waste disposal sites permitted by the State Air Resources
Board, pursuant to Section 39297.4 of the California Health and
Safety Code.
(h) Nothing in Rule 57 shall be construed to prohibit burning for
right-of-way clearing by a public entity or utility, or for levy
and ditch maintenance.
(51.13) RULE 57.3 - EXCEPTIONS - AGRICULTURAL BURNING
Nothing in Rule 57 shall be construed as limiting the authority granted
under other provisions of law:
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(a) To the Sonoma County Agricultural Commissioner to set or permit
agricultural fires, in the performance of the official duty of the
Sonoma County Agricultural Commissioner, for the purpose of disease
and pest prevention.
(b) To a fire official having jurisdiction, in the performance of of-
ficial duty, to set or permit fires necessary to the growing and
harvesting of crops including timber or the raising of fowls, animals,
or bees as a gainful occupation, except as elsewhere noted in this
rule, under all conditions 1.) - 7.) of this section.
1. The height of any temperature inversion, as measured at the
Oakland Airport by the United States Weather Bureau, at 1200
Greenwich Mean Time, is not less than 2500 ft. mean sea level;
or the surface temperature, measured at the site of burning,
will, by standard methods of calculation, have caused the in-
version to reach 2500 ft. mean sea level or greater.
2. No burning shall be done before 9:00 a.m. Pacific Standard Time.
3. No additional pruning material or ignition fuel shall be ignited
nor shall any pruning material or ignition fuel by added to any
fire after two hours before sunset.
4. No pruning material or ignition fuel shall be ignited nor shall
any pruning material or ignition fuel be added to any fire when
the wind velocity is less than five miles per hour.
5. The moisture content of material burned shall not exceed 30 per
cent wet basis.
6. Wind direction at the site shall be such that the direction of
smoke will be away from populated areas to minimize local nui-
sance caused by smoke and particulate fallout.
7. No burning shall take place without the permission of the Air
Pollution Control Officer.
(c) To the State Forester, to set or permit fires necessary to maintain
and continue the grazing of animals as a gainful occupation, for
the purpose of range improvement and grazing, or such other bene-
ficial use as the State Forester may deem warranted. A fire set or
permitted under this subsection shall be permitted only upon an
application for a permit made in writing to the State Forester no
less than 5 days before the proposed burn. The application shall
contain the reason for the burn; a description of any prior burns
on the same property, with a statement of results; a map suf-
ficiently accurate to show the general location of the property
affected and its relationship to adjoining properties; the method
that will be followed to ignite, maintain and control the burn; a
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description of chemical or mechanical pretreatment of the range land.
The State Forester shall notify the Air Pollution Control Officer
and all affected fire officials in advance of each fire set or per-
mitted by him under this subsection.
(d) To the Department of Fish and Game to set or permit fires for the
improvement of land for wildlife or game habitat, provided the per-
son desiring to conduct such burning obtains from the Department of
Fish and Game a written statement certifying that the burning is
desirable and proper for the improvement of land for wildlife or
game habitat and such statement is filed with the Sonoma County Air
Pollution Control Officer. As to burning conducted by the Depart-
ment of Fish and Game, the department shall on its own behalf issue
and file such statements.
(2.0) Rule 57.4. Application
Nothing in this Rule is intended to permit any practice which is a viola-
tion of any statute, ordinance, rule or regulation.
(51.9) Rule 58. Disposal of Solid and Liquid Wastes
(a) A person shall not burn any combustible refuse in an incinerator
except in a multiple-chamber incinerator as described in Rule 1 (cc),
or in equipment found by the Air Pollution Control Officer in advance
of such use to be equally effective for the purpose of air pollution
control as an approved multiple-chamber incinerator.
(b) A person shall not discharge into the atmosphere from any incinerator
or other equipment used to dispose of combustible refuse by burning,
having design burning rates greater than 100 pounds per hour, except
as provided in subsection (d) of this rule, particulate matter in
excess of 0.1 grain per cubic foot of gas calculated to 12 per cent
of carbon dioxide (0)3) at standard conditions. Any carbon dioxide
(C02) produced by combustion of any liquid or gaseous fuels shall be
excluded from the calculation to 12 per cent of carbon dioxide
(c) A person shall not discharge into the atmosphere from any equipment
whatsoever, used to process combustible refuse, except as provided
in subsection (d) of this rule, particulate matter in excess of 0.1
grain per cubic foot of gas calculated to 12 per cent of carbon
dioxide (C02) at standard conditions. Any carbon dioxide (C02)
produced by combustion of any liquid or gaseous fuels shall be ex-
cluded from the calculation to 12 per cent of carbon dioxide (COj?).
(d) A person shall not discharge into the atmosphere from any incinerator
or other equipment used to dispose of combustible refuse by burning,
having design burning rates of 100 pounds per hour or less, particu-
late matter in excess of 0.2 grain per cubic foot of gas calculated
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to 12 per cent of carbon dioxide (CC^) at standard conditions and
shall not discharge particles which are individually large enough to
be visible while suspended in the atmosphere. Any carbon dioxide
(C02) produced by combustion of any liquid or gaseous fuels shall
be excluded from the calculation to 12 per cent of carbon dioxide
(C02).
(51.9) Rule 60. Reduction of Odorous Matter and 61
A person shall not operate or use any article, machine, equipment, or
other contrivance for the reduction of plant or animal matter, unless
all gases, vapors and gas-entrained effluents which contain odorous
material are:
(a) Incinerated at temperatures of not less than 1200 degrees Fahren-
heit 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
pollution control than (a) above.
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 Authority to Construct or Permit to Operate or as
specified by the Air Pollution Control Officer, for indicating tempera-
ture, pressure or other operating conditions.
For the purpose of this prohibition, "reduction" is defined as any heated
process, including rendering, cooking, drying, dehydrating, digesting,
evaporating and protein concentrating.
The provisions of this rule shall not apply to any article, machine,
equipment or other contrivance used exclusively for the processing of
food for human consumption.
(51.16) Rule 61. Organic Liquid Loading
A person shall not load organic liquids having a vapor pressure of 1.5
psia 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.
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The vapor disposal portion of the vapor collection and disposal system
shall consist of one of the following:
(a) An absorber system or condensation system which processes all vapors
and recovers at least 90 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 sys-
tem.
(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 psia 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.
(51.16) Rule 62. Storage of Petroleum Products
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(51.16) Rule 63. Gasoline Loading Into Tanks
A person shall not install or maintain, for the storage of gasoline, any
stationary tank with a capacity of 250 gallons or more, intended to be
filled from any tank or trailer, except through a permanent submerged
fill pipe, unless such tank is equipped with a vapor loss control device
as described in Rule 62, or is a pressure tank as described in Rule 62.
The provisions of the first paragraph of this rule shall not apply to
the loading of gasoline into any tank having a capacity of less than
2,000 gallons which was installed prior to the date of adoption of this
rule nor to any underground tank installed prior to the date of adop-
tion of this rule where the fill line between the fill connection and
tank is offset.
For the purpose of this rule, the term "gasoline" is defined as any pet-
roleum distillate having a Reid vapor pressure of 4 pounds or greater.
For the purpose 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 tank. "Sub-
merged fill pipe" when applied to a tank 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
tank.
The provisions of this rule do not apply to any stationary tank which is
used primarily for the fueling of implements of husbandry, as such vehi-
cles are defined in Division 16 (Section 36000, et seq.) of the Vehicle
Code.
(50.4) Rule 64. Organic Solvents
(a) A person shall not discharge into the atmosphere more than 15
pounds of organic materials in any one day, nor more than 3 pounds
in any one hour, from any article, machine, equipment or other con-
trivance, in which any organic solvent or any material containing
organic solvent comes into contact with flame or is baked, heat-
cured or heat-polymerized, in the presence of oxygen, unless said
discharge has been reduced by at least 85 per cent. Those portions
of any series of articles, machines, equipment or other contrivances
designed for processing a continuous web, strip or wire which omit
organic materials and using operations described in this section
shall be collectively subject to compliance with this section.
(b) A person shall not discharge into the atmosphere more than 40 pounds
of organic materials in any one day, nor more than 8 pounds in any
one hour, from any article, machine, equipment or other contrivance
used under conditions other than described in section (a), for
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employing or applying, any photochemically reactive solvent, as de-
fined in section (k), or material containing such photochemically
reactive solvent, unless said discharge has been reduced by at least
85 per cent. 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, equip-
ment or other contrivances designed for processing a continuous web,
strip or wire which emit organic materials and using operations
described in this section shall be collectively subject to compliance
with this section.
(c) A person shall not, after August 31, 1974, discharge into the atmos-
phere 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 re-
active organic solvent or any material containing such solvent is
employed or applied, unless said discharge has been reduced by at
least 85 per cent. 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 using operations described
in this section shall be collectively subject to compliance with
this section.
(d) Emissions of organic materials to the atmosphere from the clean-up
with photochemically reactive solvent, as defined in section (j),
of any article, machine, equipment or other contrivance described
in sections (a), (b) or (c), shall be included with the other emis-
sions of organic materials from that article, machine, equipment or
other contrivance for determining compliance with this rule.
(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 per cent or more of the carbon in
the organic material being incinerated is oxidized to carbon
dioxide, or
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2. Adsorption, or
3. Processing in a manner determined by the Air Pollution Control
Officer to be not less effective than (1) or (2) above.
(f) A person incinerating, adsorbing, or otherwise processing organic
materials pursuant to this rule shall provide, properly install and
maintain in calibration, in good working order and in operation,
devices as specified in the authority to construct or the permit to
operate, or as specified by the Air Pollution Control Officer, for
indicating temperatures, pressures, rates of flow or other operating
conditions necessary to determine the degree and 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 composition, 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 61, 62 or 63 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 of 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:
(i) 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
(iii) the volatile content is not photochemically reactive as
defined in section (j).
(i) For the purposes of this rule, organic solvents include diluents and
thinners and are defined as organic materials which are liquids at
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standard conditions and which are used as dissolvers, viscosity re-
ducers or cleaning agents, except that such materials which exhibit
a boiling point higher than 220°F at 0.5 millimeter mercury absolute
pressure or having an equivalent vapor pressure shall not be con-
sidered to be solvents unless exposed to temperatures exceeding
220°F.
(j) For the purposes of this rule, a photochemically 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 composi-
tion limitations, referred to the total volume of solvent:
1. A combination of hydrocarbons, alcohols, aldehydes, esters,
ethers or ketones having an olefim'c or cyclo-olefim'c 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 constituent of an organic solvent
may be classified from its chemical structure into more than one of
the above groups of organic compounds, it shall be considered as a
member of the most reactive chemical group, that is, that group hav-
ing the least allowable per cent of the total volume of solvents.
(k) For the purposes of this rule, organic materials are defined as chem-
ical compounds of carbon excluding carbon monoxide, carbon dioxide,
carbonic acid, metallic carbides, metallic carbonates'and ammonium
carbonate.
(51.21) Rule 64.1. Architectural Coatings
(a) A person shall not sell or offer for sale for use in Northern Sonoma
County, in containers of one quart capacity or larger, any architec-
tural coating containing photochemically reactive solvent, as defined
in Rule 64 (j).
(b) A person shall not employ, apply, evaporate or dry in Northern Sonoma
County any architectural coating, purchased in containers of one
quart capacity or larger, containing photochemically reactive solvent,
as defined in Rule 64 (j).
(c) A person shall not thin or dilute any architectural coating with a
photochemically reactive solvent, as defined in Rule 64 (j).
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(d) For the purposes of this rule, an architectural coating is defined
as a coating used for residential or commercial buildings and their
appurtenances; or industrial buildings.
(51.21) Rule 64.2. Disposal and Evaporation of Solvents
A person shall not during any one day dispose of a total of more than 1%
gallons of any photochemically reactive solvent, as defined in Rule 64 (j),
or of any material containing more than 1^ gallons of any such photochem-
ically reactive solvent by any means which will permit the evaporation of
such solvent into the atmosphere.
(51.6) Rule 65. Fuel Burning Equipment
(51.7)
A person shall not build, erect, install or expand any non-mobile fuel
burning equipment unit unless the discharge into the atmosphere of con-
taminants will not and does not exceed any one or more of the following
rates:
1. 200 pounds per hour of sulfur compounds, calculated as sulfur
dioxide (S02);
2. 140 pounds per hour of nitrogen oxides, calculated as nitrogen
dioxide (N02);
3. 10 pounds per hour of combustion contaminants as defined in
Rule 1 (g) and derived from the fuel.
For the purpose of this rule, a fuel burning equipment unit shall be com-
prised of the minimum number of boilers, furnaces, jet engines or other
fuel burning equipment, the simultaneous operations of which are required
for the production of useful heat or power.
Fuel burning equipment serving primarily as air pollution control equip-
ment by using a combustion process to destroy air contaminants shall be
exempt from the provisions of this rule.
Nothing in this rule shall be construed as preventing the maintenance or
preventing the alteration or modification of an existing fuel burning
equipment unit which will reduce its mass rate of air contaminant emis-
sions.
(51.6) Rule 66. Fuel Burning Equipment - Combustion Contaminants
A person shall not discharge into the atmosphere combustion contaminants
exceeding in concentration at the point of discharge, 0.1 grain per cubic
foot of gas calculated to 12 per cent of carbon dioxide (C02) at standard
conditions.
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(51.1) Rule 67. Orchard and Citrus Heaters
No new orchard or citrus heater produced or manufactured shall be sold
for use against frost damage, unless it has been approved by the State
Air Resources Board. No person shall use any device for frost damage
prevention after January 1, 1975, unless it has been approved by the
State Air Resources Board, or does not produce more than one gram per
minute of unconsumed solid carbonaceous material. Any violation of this
section is a misdemeanor punishable by imprisonment in the county jail
not exceeding six months, or by fine not exceeding five hundred dollars
($500.00), or both, and the cost of putting out the fire. Every day
during any portion of which such violation occurs constitutes a separate
offense. (Pursuant to Section 39298.7, Article 4, Chapter 10, Part 1,
Division 26 of the Health and Safety Code.)
(12.0) Rule 68. Emission Control For Used Motor Vehicles
Every 1955 through 1962 model year motor vehicle subject to registration
in this State shall be required to be equipped with a device certified
by the State Air Resources Board to control the emissions of pollutants
from the crankcase at the time of transfer of ownership.
(2.0) Rule 69. 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 viola-
tion of Devision 20, Chapter 2 of the Health and Safety Code of the State
of California or of these Rules and Regulations. This Rule shall not
apply to cases in which the only violation involved is of Section 24243
of the Health and Safety code of the State of California, or of Rule 51
of these Rules and Regulations.
REGULATION NO. 5 - HEARINGS
(2.0) Rule 80. General
This regulation shall apply to all hearings before the Hearing Board of
the Air Pollution Control District.
(2.0) Rule 81. Filing Petitions
Requests for hearings shall be initiated by the filing of a petition in
triplicate with the Clerk of the Hearing Board, and the payment of the
fee of $ , provided for in Rule 41 of these Rules and Regulations,
after service of a copy of the petition has been made on the Air Pollu-
tion Control Officer at 3313 Chanate Road, Santa Rosa, California 95405,
and one copy on the holder of the permit or variance, if any, involved.
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Service may be made in person or by mail, and service may be proved by
written acknowledgment of the person served or by the affidavit of the
person making the service.
(2.0) Rule 82. 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, corpora-
tion or other entity, and names and address of the partners if a
co-partnership, names and address of the officers, if a corporation,
and the names and address of the persons in control, if other
entity.
(c) The type of business or activity involved in the application and
the street address at which it is conducted.
(d) A brief description of the article, machine, equipment or other
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 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 authority
to construct, or permit to operate under Rule 22 of these Rules
and Regulations.
(f) Each Petition shall be signed by the petitioner, or by some person
on his behalf, and where the person signing is not the petitioner
it shall set forth his authority to sign.
(g) Petitions for revocation of permits shall allege in addition to 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.
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(h) Petitions for reinstatement of suspended permits shall allege in
addition to the rule under which the permit was granted, the re-
quest and alleged refusal which formed the basis for such suspen-
sion, together with a brief statement as to why information re-
quested, if any, was not furnished, whether such information is
believed by petitioner to be pertinent, and, if so, when it will
be furnished.
(i) All petitions shall be typewritten, double spaced, on legal or
letter size paper, on one side of the paper only, leaving a margin
of at least one inch at the top and left side of each sheet.
(5.0) Rule 83. Petitions For Variances
In addition to the matters required by Rule 82 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 peti-
tioner 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
constitute 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.
(2.0) Rule 84. Appeal From Denial
A petition to review a denial or conditional approval of an authority to
construct, permit to operate or permit to sell or rent shall, in addition
to the matters required by Rule 82, set forth a summary of the applica-
tion or a copy thereof and the alleged reasons for the denial or condi-
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tional approval and the reasons for appeal.
(2.0) Rule 85. Failure To Comply Uith Rules
The Clerk of the Hearing Board shall not accept for filing any petition
which does not comply with these Rules relating to the form, filing and
service of petitions unless the chairman or any two members of the 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 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) Rule 86. Answers
Any person may file an answer within 10 days after service. All answers
shall be served the same as petitions under Rule 81.
(2.0) Rule 87. 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 Hear-
ing Board. The Clerk of the Hearing Board shall notify all interested
persons of such dismissal.
(16.0) Rule 88. Place of Hearing
The hearings shall be held at such time and place as may be determined
from time to time.
(16.0) Rule 89. Notice of Hearing
The Clerk of the Hearing Board shall mail or deliver a notice of hearing
to the petitioner, the Air Pollution Control Officer, the holder of the
permit or variance involved, if any, and to any person entitled to notice
under Sections 24275, 24292 or 24299, Health and Safety Code.
(2.0) Rule 90. Evidence
(a) Oral evidence shall be taken only on oath or affirmation.
(b) Each party shall have these rights: to call and examine witnesses;
1 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.
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(c) The hearing need not be conducted according to technical rules re-
lating to evidence and witnesses. Any relevant evidence shall be
admitted if it is the sort of evidence on which responsible 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 supplement-
ing 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 of privilege shall be effec-
tive to the same extent that they are now or hereafter may be recog-
nized in civil actions, and irrelevant and unduly repetitious evi-
dence shall be excluded.
(2.0) Rule 91. Preliminary Matters
Preliminary matters such as setting a date for hearing, granting con-
tinuances, approving petitions for filing, allowing amendments and other
preliminary rulings not determinative of the merits of the case may be
made by the chairman or any two members of the Hearing Board without a
hearing or meeting of the Hearing Board and without notice.
(2.0) Rule 92. Official Notice
The Hearing Board may take official notice of any matter which may be
judicially noticed by the courts of this State.
(2.0) Rule 93. Continuances
The chairman or any two members of the Hearing Board shall grant any
continuance of 15 days or less, concurred in by petitioner, the Air Pol-
lution 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 with-
out prior notice.
(2.0) Rule 94. Decision
The decision shall be in writing, served and filed within 15 days after
submission of the cause by the parties thereto and shall contain a brief
statement of facts found to be true, the determination of the issues
presented and the order of the Hearing Board. A copy shall be mailed
or delivered to the Air Pollution Control Officer, the petitioner and to
every person who has filed an answer or who has appeared as a party in
person or by counsel at the hearing.
(2.0) Rule 95. Effective Date of Decision
The decision shall become effective 15 days after delivering or mailing
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a copy of the decision, as provided in Rule 81, or the Hearing Board may
order that the decision shall become effective sooner.
(3.0) Rule 96. 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 in a single petition. A variance granted by the Hearing
Board after a denial of a permit to operate by the Air Pollution Control
Officer may include a permit to operate for the duration of the variance.
REGULATION NO. 6 - VIOLATIONS AND PENALTIES
(15.0) Rule 100. Penalties For Violations
Penalty actions for non-compliance with, or violation of, any rule of
these rules and regulations will be instituted pursuant to the following
provisions and further pursuant to the provisions of Chapter 2, Division
20 of the Health and Safety Code of the State of California.
(a) Every person guilty of a misdemeanor who knowingly makes any false
statement in any application for a permit or in any information,
analyses, plans or specifications submitted either in conjunction
therewith, or at the request of the Air Pollution Control Officer.
(section 24277).
(b) Every person is guilty of a misdemeanor who builds, erects, alters,
replaces, uses, or operates any source capable of emitting air con-
taminants for which a permit is required by the regulations of the
Air Pollution Control District when his permit so to do has been
either suspended or revoked. (Section 24278).
(c) Every person required by the regulations of the Air Pollution Con-
trol Board to obtain a permit so to do who, without first obtaining
such permit, builds, erects, alters, replaces, uses, or operates
any source capable of emitting air contaminants, is guilty of a
misdemeanor. (Section 24279).
(d) Every person is guilty of a misdemeanor who builds, erects, alters,
or replaces, operates or uses any such article, machine, equipment,
or other contrivance contrary to the provisions of any permits
issued under these rules and regulations. (Section 24280).
(e) Every person violating any order, rule, or regulation of an Air
Pollution Control District is guilty of a misdemeanor. Every day
during any portion of which such a violation occurs is a separate
offense. (Section 24281).
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(15.0) Rule 101. Civil Penalties
(a) Pursuant to Section 24252 of the Health and Safety Code of the
State of California, any violation of any order, rule or regula-
tion of the Air Pollution Control Board may be enjoined in a civil
action brought in the name of the people of the State of California.
(b) Section 39260 Health and Safety Code. Violation of abatement order;
civil penalty.
Any person who intentionally or negligently violates any order of
abatement issued by any type of air pollution control district pur-
suant to Section 24260.5, or by the State Air Resources Board pur-
suant to this part, shall be liable for a civil penalty not to
exceed six thousand dollars ($6,000.00) for each day in which such
violation occurs.
An order of abatement may be issued under the following circum-
stances:
Section 24260.5 Health and Safety Code. Authority to issue order
for abatement; grounds; hearing.
The air pollution control board may, after notice and hearing issue,
or provide for the issuance by the hearing board, after notice and
a hearing of, an order for abatement whenever the district finds
that any person is in violation of Section 24242 or 24243 or any
rule or regulation prohibiting or limiting the discharge of air
contaminants into the air. The air pollution control board in hold-
ing hearings on the issuance of orders for abatement shall have all
powers and duties conferred upon the hearing board by this chapter.
The hearing board in holding hearings on the issuance of orders for
abatement shall have all powers and duties conferred upon it by this
chapter.
(c) Section 39261 Health and Safety Code. Violation of Sections 24242,
24243, or rule or regulation; civil penalty.
Section 39261 Health and Safety Code. Violation of Sections 24242,
24243, or rule or regulation; civil penalty.
Any person who intentionally or negligently violates Section 24242,
24243, or any rule or regulation of a county air pollution control
district or the State Air Resources Board issued pursuant to this
part, prohibiting or limiting the discharge of air contaminants into
the air, shall be liable for a civil penalty not to exceed five
hundred dollars ($500.00) for each day in which such violation oc-
curs.
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Such violations follow:
Section 24242 Health and Safety Code. Discharge of air contaminant;
prohibition.
A person shall not discharge into the atmosphere from any single
source of emission whatsoever any air contaminant for a period or
periods aggregating more than three minutes in any one hour which
is:
1. 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, or
2. Of such opacity as to obscure an observer's view to a degree
equal to or greater than does smoke described in subsection (1)
of this section.
Section 24243 Health and Safety Code. Discharge of injurious or
annoying material; prohibition.
A person shall not discharge from any source whatsoever such quanti-
ties of air contaminants or other material which cause injury, detri-
ment, 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.
(d) Section 39262 Health and Safety Code. Action for Civil penalties.
The civil penalties prescribed by Sections 39260 and 39261 shall be
assessed and recovered in a civil action brought in the name of the
people of the State of California by the Attorney General, by any
district attorney, or by the attorney of any type of air pollution
control district in which the violation occurs in any court of compe-
tent jurisdiction. In determining such amount, the court shall take
into consideration all relevant circumstances, including but not
limited to, the extent of harm caused by the violation, the nature
and persistence of the violation, the length of time over which the
violation occurs, and corrective action, if any, taken by the de-
fendant.
An action brought pursuant to this section to recover such civil
penalties shall take special precedence over all civil matters
on the calendar of the court except those matters to which equal
precedence on the calendar is granted by law.
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REGULATION NO. 7
(8.0) Rule 102. Episode Procedures
This regulation is designed to prevent the excessive buildup of air
contaminants during air pollution episodes 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 is
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 happen-
ing of this unforeseen event, to provide for adequate actions to protect
the health of the citizens in the Air Pollution Control District.
In the event of atmospheric conditions causing a dangerous or potentially
hazardous concentration of air contaminants, the Air Pollution Control
Officer shall take immediate action in curtailing those emissions known
to be contributing to a possible catastrophic air pollution situation.
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