U.S. DEPARTMENT OF COMMERCE
National Ttckwcal Information Service
PB-296682
Air Pollution Regulations in
State Implementation Plans
California, Orange County
Abcor, Inc, Wilmington, MA Walden Div
Environmental Protection Agency, Research Triangle Park, NC Control
Programs Development Div
Aug 78
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&BFK
PB 296682
United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
EPA-460/3-78-064.-25
August 1978
Air
Air Pollution Regulations
in State Implementation
Plans:
, REPRODUCED BY
i NATIONAL TECHNICAL
! INFORMATION SERVICE
U. S. DEPARTMENT OF COMMERCE
SPRINGFIELD, VA. 2216J
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NOTICE
THIS DOCUMENT HAS BEEN REPRODUCED
FROM THE BEST COPY FURNISHED US BY
THE SPONSORING AGEN.CY. ALTHOUGH IT
IS RECOGNIZED THAT CERTAIN PORTIONS
ARE ILLEGIBLE, IT IS BEING RELEASED
IN THE INTEREST OF MAKING AVAILABLE
AS MUCH INFORMATION AS POSSIBLE.
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TECHNICAL REPORT DATA
(Please read Iiutnictton* OH (he revene before completing)
1. REPORT NO.
EPA-450/3-78-054-25
4. TITLE AND SUBTITLE
Air Pollution Regulations in state Implementation i
Plans: California Orange County
3. RECIPIENT'S ACCES8
8. REPORT DATE
August 1978
6. PERFORMING ORGANIZATION CODE
7. AUTHOR(S)
8. PERFORMING ORGANIZATION REPORT NO
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Walden Division of Abcor, Inc.
Wilmington, Mass.
10. PROGRAM ELEMENT NO.
68-02-2890
12. SPONSORING AGENCY NAME AND ADDRESS
13. TYPE OF REPORT AND PERIOD COVERED
Control Programs Development Division
Office of Air Quality Planning and Standards
Office of Air, Noise, and Radiation
Research Triangle Park, NC 27711
14. SPONSORING AGENCY CODE
15. SUPPLEMENTARY NOTES
EPA Project Officer:
Bob Schell , Control Programs Development Division
16. ABSTRACT
This document has been produced in compliance with Section 110(h)(l) of the Clean Air
Act amendments of 1977. The Federally enforceable regulations contained iln the State
Implementation Plans (SIPs) have been compiled for all 56 States and territories
(with the exception of the Northern Mariana Islands). They consist of both the
Federally approved State and/or local air quality regulations as Indicated in the
Federal Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall Into one of the above
categories as of January 1, 1978, have been Incorporated. As mandated by Congress,
this document will be updated annually. State and/or local air quality regulations
which have not been Federally approved as of January 1, 1978, are not Included here;
omission of these regulations from this document 1n no way affects the ability of
the respective Federal, State, or local agencies to enforce such regulations.
7.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
b.IDENTIFIERS/OPEN ENDED TERMS C. COSATI Field/Group
Air pollution
Federal Regulations
Pollution
State Implementation Plans
8. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
19. SECURITY CLASS fTHIt Report/
Unclassified
20. SECURITY CLASS (Thispage/
Unclassified
21. NO. C
337 PRICE"
PA Form 2220-1 (9-73)
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Air Pollution Regulations
in State Implementation Plans:
by
Walden Division of Abcor, Inc.
Wilmington, Massachusetts
Contract No. 68-02-2890
EPA Project Officer: Bob Schell
Prepared for
U.S. ENVIRONMENTAL PROTECTION AGENCY
Office of Air, Noise, and Radiation
Office of Air Quality Planning and Standards
Research Triangle Park, North Carolina 27711
August 1978
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This report is issued by the Environmental Protection Agency to
report air pollution regulations of interest to a limited number of
readers. Copies are available, for a fee, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
This report was furnished to the Environmental Protection Agency by
Walden Division of Abcor, Inc., Wilmington, Mass. 01887, in fulfillment
of Contract No. 68-02-2890. The contents of this report are reproduced
herein as received from Walden Division of Abcor, Inc. The opinions,
findings, and conclusions expressed are those of the author and not
necessarily those of the Environmental Protection Agency. Mention of
company or product names is not to be considered as an endorsement
by the Environmental Protection Agency. ,
Publication No. EPA-450/3-78-054-25
ii
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INTRODUCTION
»
This document has been produced 1n compliance with Section 110(h)(l)
of the Clean Air'Act Amendments of .197.7. : 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 haye not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.
There have been recent changes in the Federal enforceability of
parking management regulations and Indirect source regulations. The
October, 1977, appropriation bill for EPA prohibited Federal enforcement
of parking management regulations in the absence of specific Federal
authorizing legislation. .Federally promulgated parking management >
regulations have, therefore, been suspended Indefinitely. Pursuant to
the 1977 Clean Air Act Amendments, indirect source regulations may not
be required for the approval of a given SIP. Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted indirect source regulations contained in an applicable SIP
are Federally enforceable. More Importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded,-operated,-or owned facilities-or projects. Therefore, the
Federally promulgated indirect source, regulations appearing in this
document are not enforceable by EPA except as they relate to Federal
facilities.
Since State air quality regulations vary widely in their organization,
content, and language, a standardized subject index is utilized in this
document. Index listings consist of both contaminant and activity oriented
categories to facilitate usage. For example, for regulations which apply
to copper smelters, one might look under sulfur compounds (50.2), particu-
late matter process weight (50.1.1), or copper smelters (51.15). Federal
regulations pertaining to a given State Immediately follow the approved
State and local regulations.
Additionally, a summary sheet of the information included in each
comprehensive document is presented prior to the regulatory text to
allow one to quickly assess the contents of the document. Specifically,
the summary sheets contain the date of submittal to EPA of each revision
111
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to the SIP and the date of the Federal Register 1n which the revision
was either approved or disapproved by EPA. Finally, a brief description
or reference of the regulation which was submitted 1s also included.
This document 1s not intended to provide a tool for determining
the enforceability of any given regulation. As stated above, 1t 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
enforceabllity 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) 1n this
document does not, in itself, render the regulation enforceable.
iv
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Submlttal Date
6/30/72
4/21/76
11/10/76
SUWARY SHEET
Pf
EPA-APPROVED REGULATION CHANGES
ORANGE COUNTY APCD
Approval Date
9/22/72
7/26/77
7/26/77
Description
All Regs Approved
Unless Otherwise
Specified
Rules461, 462
Rule 461
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DOCUMENTATION OF CURRENT EPA-APPROVEO
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
V1
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50.2 SULFUR COMPOUNDS
50.3 NITRIC OXIDES
50.4 HYDROCARBONS
50.5 CARBON MONOXIDE
50.6 ODOROUS POLLUTANTS
50.7 OTHERS (Pb, Hg, etc.)
51.0 SOURCE CATEGORY SPECIFIC REGULATIONS
51.1 AGRICULTURAL PROCESSES (Includes Grain Handling, Orchard Heaters.
R1ce and Soybean Facilities, Related Topics)
51.2 COAL OPERATIONS (Includes Cleaning, Preparation. Coal Refuse
Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
51.3 CONSTRUCTION (Includes Cement Plants. Materials Handling. Topics
Related to Construction Industry)
51.4 FERROUS FOUNDRIES (Includes Blast Furnaces. Related Topics)
51.5 FUEL BURNING EQUIPMENT (coal, natural gas. oil) - Participates
(Includes Fuel Content and Other Related Topics)
51.6 FUEL BURNING EQUIPMENT (coal, natural gas. oil) - SCfc (Includes
Fuel Content and Other Related Topics)
51.7 FUEL BURNING EQUIPMENT (oil, natural gas, coal) N02 (Includes
Fuel Content and Other Related Topics)
51.8 HOT MIX ASPHALT PLANTS
51.9 INCINERATION
51.10 NITRIC ACID PLANTS
51.11 NON-FERROUS SMELTERS (Zn, Cu, etc.) Sulfur Dioxide
51.12 NUCLEAR ENERGY FACILITIES (Includes Related Topic)
51.13 OPEN BURNING (Includes Forest Management, Forest F1re, F1re
Fighting Practice, Agricultural Burning and Related Topics)
51.14 PAPER PULP; WOOD PULP AND KRAFT MILLS (Includes Related Topics)
51.15 PETROLEUM REFINERIES
51.16 PETROLEUM STORAGE (Includes Loading, Unloading, Handling and
Related Topics)
51.17 SECONDARY METAL OPERATIONS (Includes Aluminum, Steel and Related
Topics)
51.18 SULFURIC ACID PLANTS
51.19 .SULFURIC RECOVERY OPERATIONS
51.20 WOOD WASTE BURNERS
51.21 MISCELLANEOUS TOPICS
V11
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TABLE OF CONTENTS
ORANGE COUNTY REGULATIONS
Revised Standard
Subject Index
-
(1.0)
(2.0)
(15.0)
-
(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)
_
Reg. -
Rule Number
Reg. I
Rule 2
3
4
Reg. II
Rule 10
11
12
14
17
18
19
20
21
22
23
24
25
Reg. Ill
Title
General Provisions
Definitions
Standard Conditions
Authority to Arrest
Permi ts
Permits Required
Exemptions
Transfer
Applications
Cancellation of Applications
Action on Application
Provision of Sampling and
Testing Facilities
Standards for Granting
Applications
Conditional Approval
Denial of Applications
Further Information
Applications Deemed Denied
Appeals
Fees
Page
1
1
3
3
3
3
4
11
11
11
12 :
12
12
13
13
14
14
.14
14
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Revised Standard Reg. -
Subject Index Rule Number Title Page
(3.0) Rule 40 Permit Fees 14
(16.0) 42 Hearing Board Fees 19
(9.0) 43 Analysis Fees 19
(13.0) 44 Technical Reports - Charges
for 19
(3.0) 45 Permit Fees - Open Burning 20
Reg. IV Prohibitions 20
(50.1.2) Rule 50 Rlngelmann Chart 20
(50.7) 51 Nuisance 20
(50.1) 52 Partlculate Matter -
Concentration 20
(50.2) 53 Sulfur Compounds -
Concentration 22
(51.19) 53.2 Sulfur Recovery Units 22
(51.18) 53.3 SulfuMc Add Units 22
(50.1.1) 54 Partlculate Matter - Weight 23
(2.0) 55 Exeptlons 24
(51.16) 56 Storage of Petroleum Products 24
(51.13) 57 Open Fires 25
(51.9) 58 Disposal of Solid and Liquid
Wastes 26
(51.16) 59 Effluent 011 Water Separators 26
(2.0) 60 Circumvention 27
(51.16) 462 Organic Liquid Loading 27
(50.2) 62 Sulfur Contents of Fuels 29
(12.0) 63 Gasoline Specifications 30
1x
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Revised Standard Reg. -
Subject Index Rule Number Title Page
(51.21) Rule 64 Reduction of Animal Matter 30
(51.16) 461 Gasoline Transfer and
Dispensing 31
(50.4) 66 Organic Solvents 37
(50.4) 66.1 Architectural Coatings 40
(50.4) 66.2 Disposal and Evaporation of
Solvents 40
(51.5)(51.6)(51.7) 67 Fuel Burning Equipment 40
(51.7) 67.1 Fuel Burning Equipment 41
(51.7) 68 Fuel Burning Equipment -
Oxides of Nitrogen 42
(51.5) 68.1 Fuel Burning Equipment -
Combustion Contaminants 42
(51.21) 69 Vacuum Producing Devices or
Systems 42
(51.8) 70 Asphalt A1r Blowing 42
(50.5) 71 Carbon Monoxide 43
(12.0) 74 Lead Content of Motor Fuels 43
Reg. V Procedure before the Hearing
Board 45
(2.0) Rule 75 General 45
(2.0) 76 Filing Petitions 45
(2.0) 77 Contents of Petitions 45
(5.0) 78 Petition for Variances 46
(2.0) 79 Appeal from Denial 47
(2.0) 80 Failure to Comply with Rules 47
(2.0) 82 Answers 47
- x -
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Revised Standard
Subject Index
(2.0)
(16.0)
(16.0)
(2.0)
(2.0)
(2.0)
(2.0)
(2.0)
(2.0) '
(3.0)
(1.0)
(51.1)
(3.0)
(2.0)
(3.0)
(3.0)
(3.0)
(2,0)
(3.0)
(2.0)
(2.0)
Reg.
Rule
Rule
Reg.
Rule
Number
83
84
85
86
87
88
89
90
91
95
VI
100
101
102
103
105
106
107
108
109
no
120
Title
Dismissal of Petition
Place of Hearing
Notice of Hearing
Evidence
Preliminary Matters
Official Notice
Continuances
Decision
Effective Date of Decision
Lack of Permit
Orchard or Citrus Grove
Heaters
Definitions
Use and Sale of Orchard
Heaters
Permit Required
Transfer
Application for Permits
Action on Applications
Standards for Granting
Permits
Conditional Approval
Denial of Applications
Appeals
Fees
Page
47
48
48
48
48
49
49
49
49
49
50
50
50
50
50
50
51
51
51
51
51
52
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Revised Standard
Subject Index
(51.1)
(51.1)
(51.1)
(51.1)
(51.1)
(51.1)
(51.1) ,
(2.0)
Reg. -
Rule Number
Rule 122
123
124
125
126
127
128
130
Title
Classification of Orchard
Heaters
Class I Heaters Designated.
Permits
Class I! Heaters Designated
Permits
Prohibition of Sale of
Heaters
Identification of Heaters
Maintenance of Heaters
Classification of
Undeslgnated Heaters
Prohibitions
Page
52
52
52
54
54
54
54
55
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COUNTY OF ORANGE
REGULATION I
GENERAL PROVISIONS
(1.0) RULE 2. DEFINITIONS (Amended 4/25/72)
a. Except as otherwise specifically provided 1n these rules and
except where the context otherwise Indicates, words used 1n
these rules are used 1n exactly the same sense as the same
words are used 1n Chapter 2, Division 20, of the Health and
Safety Code.
b. Person. "Person" means any person, firm, association, organlza-
tlon, partnership, business trust, corporation, company, con-
tractor, supplier. Installer, user or owner, or any state or
local governmental agency or public district or any officer or
employee thereof.
c. Board. "Board" means the A1r Pollution Control Board of the Air
Pollution Control District of Orange County.
d. Section. "Section" means section of the Health and Safety Code
of the State of California unless some other statute 1s specifi-
cally mentioned.
e. Rule. "Rule" means a rule of the A1r Pollution Control District
of Orange County.
f. Air Basin. The two major "air basins" within Orange County are
defined as being within the following described boundaries:
i
1. Northwest Basin. All that area of Orange County northwesterly
of the following description: Beginning at the southwest
corner of Block IRS-95 and the Pacific Ocean; thence north
40°E. approximately 9 miles to the Santa Ana Freeway; thence
northwesterly along the Santa Ana Freeway to the Intersection
of the Newport Freeway; thence north 40°E. approximately 13
miles to the Boundary Line of Orange County.
2. Southeast Basin. All that area of Orange County lying south-
easterly of the line described for the Western Basin.
IRS « Irvine Ranch Subdivision
g. Regulation. "Regulation" means one of the major subdivisions of
the Rules of the A1r Pollution Control District of Orange County.
h. Partlculate Matter. "Partlculate Matter" 1s any material, except
uncomblned water, which exists 1n a finely divided form as a
liquid or solid at standard conditions.
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1. Process Weight Per Hour. "Process Weight" 1s the total weight of
all materials Introduced Into any specific process which process
may cause any discharge Into the atmosphere. Solid fuels charged
will be considered as part of the process weight, but liquid and
gaseous fuels and combustion air will not. Air or water used
for any purpose Including drying or cooling and not part of the
final product will not be considered as part of the process
weight. "The Process Weight Per Hour" will be derived by divid-
ing the total process weight by the number of hours 1n one com-
plete operation from the beginning of any given process to the
completion thereof, excluding any time during which the equipment
is Idle.
j. Dusts. "Dusts" are minute solid particles released Into the air
by natural forces or by mechanical processes such as crushing,
grinding, milling, drilling, demolishing, shoveling, conveying,
covering, bagging, sweeping, or other similar processes.
k. Condensed Fumes. "Condensed Fumes" are minute solid particles
generated by the condensation of vapors from solid matter after
volatilization from the molten state, or may be generated by
sublimination, distillation, calcination, or chemical reaction,
when these processes create air-borne particles.
1. Combustion Contaminants. "Combustion Contaminants" are particu-
1 ate matter discharged into the atmosphere from the burning of
any kind of material containing carbon 1n a free or combined
state.
m. Atmosphere. "Atmosphere" means the air that envelops or sur-
rounds the earth. Where air pollutants are emitted into a
building not designed specifically as a piece of air pollution
control equipment, such emission into the building shall be
considered an emission into the atmosphere.
n. Combustible Refuse. "Combustible refuse" is any solid or liquid
combustible waste material containing carbon in a free or com-
bined state.
o. Multiple-Chamber Incinerator. "Multiple-chamber incinerator" is
any article, machine, equipment, contrivance, structure or any
part of a structure, used to dispose of combustible refuse by
burning, consisting of three or more refractory lined combustion
furnaces in series, physically separated by refractory walls,
interconnected by gas passage ports or ducts and employing ade-
quate design parameters necessary for maximum combustion of the
material to be burned. The refractories shall have a Pyrometric
Cone Equivalent of at least 17, tested according to the method
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described 1n the American Society for Testing Materials,
Method C-24.
p. 011-Effluent Water Separator. "011-effluent water separator" 1s
any tanK, DOX, sump or other container 1n which any petroleum or
product thereof, floating on or entrained or contained 1n water
entering such tank, box,.sump or other container, 1s physically
separated and removed from such water prior to outfall, drainage,
or recovery of such water.
(2.0) RULE 3. STANDARD CONDITIONS. (Amended 4/25/72)
As used in these regulations, standard conditions are a gas temperature
of 60 degrees Fahrenheit and a gas pressure of 14.7 pounds per square
Inch absolute. Results of all analyses and tests shall be calculated
or reported on a dry basis at this gas temperature and pressure unless
otherwise specified by a rule or regulation.
(15.0) RULE 4. AUTHORITY TO ARREST. (Adopted 4/25/72)
The A1r Pollution Control Officer and every officer and employee of the
Orange County A1r Pollution Control District designated by him Is author-
ized, during reasonable hours, to arrest a person without a warrant when-
ever he has reasonable cause to believe that the person to be arrested
has committed a misdemeanor 1n his presence which Is 1n violation of
Chapter 2, Division 20 of the Health and Safety Code, or any provision of
the Vehicle Code relating to the emission or control of air contaminants,
or any order, regulation, or rule adopted pursuant thereto. Such author-
ity 1s granted in accordance with Penal Code Section 836.5. .
REGULATION II - PERMITS
(3.0) RULE 10. PERMITS REQUIRED. (Amended 4/25/72).
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 contaminants, shall first obtain written authorization
for such construction from the A1r 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 in cancelled.
b. Permit to Operate. Before any article, machine, equipment or
other contrivance described 1n Rule 10(a) may be operated or used,
a written permit shall be obtained from the A1r 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
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Rule 10(a), until the information required pursuant to these
Rules and Regulations is presented to the Air Pollution Control
Officer and such article, machine* equipment or contrivance 1s
altered, if necessary, and made to conform to the standards
set forth in Rule 20 and elsewhere 1n 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 1n Rule 10(b), shall firmly affix
such permit to operate, an approved facsimile, or other approved
Identification bearing the permit number upon the article, ma-
chine, equipment, or other contrivance 1n such a manner as to be
clearly visible and accessible. In the event that the article,
machine, equipment, or other contrivance 1s 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.
d. Alteration of Permit. A person shall not willfully deface, alter,
forge, counterfeit, or falsify any permit issued under these Rules
and Regulations.
e. Permit to Sell or Rent. Any person who sells or rents to another
person an Incinerator which may be used to dispose of combustible
refuse by burning within Orange County and which incinerator is
to be used exclusively in connection with any structure, which
structure is designed and used exclusively as a dwelling for not
more than four families, shall first obtain a permit from the Air
Pollution Control Officer to sell or rent such Incinerator.
f. Permit for Open Burning. A person shall not set or permit any
open outdoor fire without first having applied for and been issued
a permit for such fire by the A1r Pollution Control Officer,
except that an application for burning permit shall not be re-
quired for recreational fires, ceremonial fires, or cooking fires.
g. Control Equipment. Nothing 1n this rule shall be construed to
authorize the control officer to require the use of machinery,
devices, or equipment of a particular type or design, if the
required emission standard may be met by machinery, device,
equipment,product, or process change otherwise available.
(2.0) RULE 11. EXEMPTIONS.
An authority to construct or a permit to operate or use shall not be
required for:
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a. Vehicles as defined by the Vehicle Code of the State of Califor-
nia but not including any article, machine, equipment or other
contrivance mounted on such vehicle that would otherwise require
a permit under the provisions of these Rules and Regulations.
b. Vehicles used to transport passengers or freight.
c. Equipment used exclusively In connection with any structure,
which structure 1s designed for and used exclusively as a dwel-
ling 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 of equipment.
2. Refrigeration units except those used as, or in conjunction
with, air pollution control equipment.
3. Piston-type Internal combustion engines.
5. Water cooling towers and water cooling ponds not used for
evaporative cooling of process water or not used for evapora-
tive cooling of water from barometric jets or from barometric
condensers.
6. Equipment used exclusively for steam cleaning.
7. Presses used exclusively for extruding metals, minerals,
plastics or wood.
8. Porcelain enameling furnaces, porcelain enameling drying
ovens, vitreous enameling furnaces or vitreous enameling dry-
ing ovens.
9. Presses used for the curing of rubber products and plastic
products.
10. Equipment used exclusively for space heating, other than
boilers.
13. Equipment used for hydraulic or hydrostatic testing.
14. All sheet-fed printing presses and all other printing presses
without driers.
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17. Tanks, vessels and pumping equipment used exclusively for the
storage or dispensing of fresh commercial or purer grades of:
a. Sulfuric add with an add strength of 99 percent or less
by weight.
b. Phosphoric add with an acid strength of 99 percent or
less by weight.
c. Nitric add with an acid strength of 70 percent or less
by weight.
18. Ovens used exclusively for the curing of plastics which are
concurrently being vacuum held to a mold or for the softening
of annealing of plastics.
19. Equipment used exclusively for the dyeing or stripping
(bleaching) of textiles where no organic solvents, diluents
or tMnners are used.
20. Equipment used exclusively to mill or grind coatings and mold-
ing compounds where all materials charged are 1n a paste form.
21. Crucible type or pot type furnaces with a brimful capacity of
less than 450 cubic Inches of any molten metal.
22. Equipment used exclusively for the melting or applying of wax
where no organic solvents, diluents or thinners are used.
23. Equipment used exclusively for bonding lining to brake shoes.
24. Lint traps used exclusively 1n conjunction with dry cleaning
tumblers.
25. Equipment used in eating establishments for the purpose of
preparing food for human consumption.
26. Equipment used exclusively to compress or hold dry natural
gas.
27. Tumblers used for the cleaning or deburring of metal products
without abrasive blasting.
28. Shell core and shell-mold manufacturing machines.
29. Molds used for the casting of metals.
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30. Abrasive blast cabinet-dust filter Integral combination
units where the total Internal volume of the blast section
1s 50 cubic feet or less.
31. Batch mixers of 5 cubic feet rated working capacity or less.
32. Equipment used exclusively for the packaging of lubricants or
greases.
33. Equipment used exclusively for the manufacture of water emul-
sions of asphalt, greases* oils, or waxes.
34. Ovens used exclusively for the curing of vinyl piast1sols by
the closed mold curing process.
35. Equipment used exclusively for conveying and storing plastic
pellets.
36. Equipment used exclusively for the mixing and blending of
materials at ambient temperature to make water based adhesives.
37. Smokehouses 1n which the maximum horizontal Inside cross-
sectional area does not exceed 20 square feet.
38. 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 1n bakeries where the products
are edible and Intended for human consumption.
3. Kilns used for firing ceramic ware, heated exclusively by
natural 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.
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7. Equipment used exclusively for forging, pressing, rolling or
drawing of metals or for heating metals immediately prior to
forging, pressing, rolling or drawing.
8. Die casting machines.
9. Atmosphere generators used 1n connection with metal heat
treating processes.
10. Photographic process equipment by which an Image is repro-
duced 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, machi-
ning, 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 grind-
ing, planing, 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 mill-
ing) 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.
19. Foundry sand mold forming equipment to which no heat is
applied.
20. Ovens used exclusively for curing potting materials or
castings made with epoxy resins.
8
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21. Equipment used to liquefy or separate oxygen, nitrogen
or the rare gases from the air.
22. Equipment used for compression molding and Injection molding
of plastics.
23. Mixers for rubber or plastics where no material 1n powder
form 1s added and no organic solvents, diluents or thlnners
are used.
24. Equipment used exclusively to package Pharmaceuticals and
cosmetics or to coat pharmaceutical tablets.
25. Equipment used exclusively to grind, blend or package, tea,
cocoa, spices or roasted coffee.
26. Roll mills or calenders for rubber or plastics where no
organic solvents, diluents or thlnners are used.
27. Vacuum producing devices used In laboratory operations or
1n connection with other equipment which Is exempt 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 ven-
tilators, where no organic solvents* diluents or thlnners are
used.
h. Containers, reservoirs, or tanks used exclusively for:
1. Dipping operations for coating objects with oils, waxes or
greases where no organic solvents, diluents or thlnners are
used.
2. Dipping operations for applying coatings of natural or syn-
thetic resins which contain no organic solvents.
3. Storage of liquefied gases.
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5. Unheated storage of organic materials with an Initial boiling
point of 300°F. or greater.
6. The storage of fuel oils with a gravity of 25° API or lower.
7. The storage of lubricating oils.
8. The storage of fuel oils with a gravity of 40° API or lower
and having a capacity of 10,000 gallons or less.
9. The storage of organic liquids* except gasoline, normally
used as solvents, diluents or thlnners, Inks, colorants, paints,
lacquers, enamels, varnishes, liquid resins or other surface
coatings, and having a capacity of 6,000 gallons or less.
10. The storage of liquid soaps, liquid detergents, vegetable
oils, waxes or wax emulsions.
11. The storage of asphalt.
12. Unheated solvent dispensing containers, unheated non-conveyor-
ized solvent rinsing containers or unheated non-conveyor1zed
coating dip tanks of 100 gallons capacity or less.
14. The storage of gasoline having a capacity of less than 250
gallons.
15. Transporting materials on streets ov highways.
i. Equipment used exclusively for heat treating glass or metals, or
used exclusively for case hardening, carburlzlng, cyanlding,
nitrlding, carbon1tr1d1ng, slllconlzing or diffusion treating of
metal objects.
j. Crucible furnaces, pot furnaces or Induction furnaces, with a capa-
city of 1,000 pounds or less each, 1n which no sweating or dis-
tilling 1s 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 percent aluminum.
2. Magnesium or any alloy containing over 50 percent magnesium.
3. Lead or any alloy containing over 50 percent lead.
4. Tin or any alloy containing over 50 percent tin.
5. Zinc or any alloy containing over 50 percent zinc.
10
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6. Copper.
7. Precious metals.
k. Vacuum cleaning systems used exclusively for Industrial, commer-
cial or residential housekeeping purposes.
1. Structural changes which cannot change the quality, nature or
quantity of air contaminant emissions.
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 previously been granted for such equipment under Rule 10.
(2.0) RULE 12. TRANSFER.
Any permit or written authorization Issued hereunder shall not be trans-
ferable, by operation of law or otherwise, from one location to another,
from one piece of equipment to another, or from one person to another.
(3.0) RULE 14. APPLICATIONS.
Every application for an authority to construct or any permit required
under Rule 10 shall be filed in the manner and form prescribed by the
Air Pollution Control Officer, and shall give all the information neces-
sary to enable the Air Pollution Control Officer to make the determination
required by Rule 20 hereof.
(3.0) RULE 17. CANCELLATION OF APPLICATIONS.
a. An authority to construct shall expire and the application shall be
cancelled one year from the date of issuance of the authority to con-
struct; provided, however, that when a period of longer than one year
1s stated in the application to be required for the construction, the
authority to construct shall expire and the application shall be can-
celled upon the expiration of such construction period, but in any
event not later than five years from the date of Issuance of the
authority to construct.
b. An application for permit to operate or use existing equipment shall
be cancelled six months from the date of filing of the application.
Applications filed prior to the effective date of this rule shall, for
the purpose of this rule, be considered as filed on the effective date
of this rule.
11
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(3.0) RULE 18. ACTION ON APPLICATION.
The Air Pollution Control Officer shall act, within a reasonable time,
on an application for authority to construct, permit to operate or permit
to sell or rent, and shall notify the applicant 1n writing by mail or 1n
person of the action taken, namely, approval, conditional approval, or
denial. Notice of the action taken shall be deemed to have been given
when the written notification has been deposited 1n the mall, postpaid,
addressed to the address shown on the application, or when personally
delivered to the applicant or his representative,
(9.0) RULE 19. 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 1n the author-
ity to construct or permit to operate.
(3.0) RULE 20. STANDARDS FOR GRANTING APPLICATIONS.
a. The Air Pollution Control Officer shall deny an authority to construct,
permit to operate or use or permit to sell or rent, except as provided
in Rule 21, if the applicant does not show that every article, machine,
equipment or other contrivance, the use of which may cause the Issu-
ance of air contaminants, or the use of which may eliminate or reduce
or control the Issuance of air contaminants, 1s so designed, con-
trolled, or equipped with such air pollution control equipment, that
it may be expected to operate without emitting air contaminants in
violation of Sections 24242 or 24243, Health and Safety Code, or of
these Rules and Regulations.
b. Before an authority to construct or a permit to operate 1s granted,
the Air Pollution Control Officer may require the applicant to pro-
vide and maintain such facilities as are necessary for sampling and
testing purposes in order to secure Information that will disclose
the nature, extent, quantity or degree of air contaminants discharged
into the atmosphere from the article, machine, equipment or other
contrivance described in the authority to construct or permit to
operate. In the event of such a requirement, the Air Pollution Con-
trol 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 1n accordance with the
General Industrial Safety Orders of the State of California.
c. In acting upon a Permit to Operate, if the A1r Pollution Control
Officer finds that the article, machine, equipment or other contriv-
ance has not been constructed In accordance with the authority to
12
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construct, he shall deny the permit to operate. The Air Pollution
Control Officer shall not accept any further application for Permit
to operate the article, machine* equipment or other contrivance so
constructed until he finds that the article, machine, equipment or
other contrivance has been constructed In accordance with the author-
ity to construct.
(2.0) RULE 21. CONDITIONAL APPROVAL.
a. The A1r Pollution Control Officer may Issue an authority to con-
struct or a permit to operate or use* subject to conditions which
will bring the operation of any article, machine, equipment or
other contrivance within the Standards of Rule 20, In which case
the conditions shall be specified 1n writing. Commencing work
under such an authority to construct or operation under such a
permit to operate shall be deemed acceptance of all the conditions
so specified. The A1r Pollution Control Officer shall Issue an
authority to construct or a permit to operate with revised con-
ditions upon receipt of a new application, If the applicant
demonstrates that the article, machine, equipment or other con-
trivance can operate within the standards of Rule 20 under the
revised conditions.
b. The Air Pollution Control Officer may Issue a permit to sell or
rent, subject to conditions which will bring the operation of
any article, machine, equipment or other contrivance within the
standards of Rule 20, 1n which case the conditions shall be
specified 1n writing. Selling or renting under such a permit
to sell or rent shall be deemed acceptance of all the conditions
so specified. The A1r Pollution Control Officer shall Issue a
permit to sell or rent with revised conditions upon receipt of
a new application, 1f the applicant demonstrates that the arti-
cle, machine, equipment or other contrivance can operate within
the standards of Rule 20 under the revised conditions.
(3.0) RULE 22. DENIAL OF APPLICATIONS.
In the event of denial of an authority to construct, permit to operate
or permit to sell or rent, the Air Pollution Control Officer shall notify
the applicant In writing of the reasons therefor. Service of this noti-
fication may be made In person or by mall, 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 compiled with the
objections specified by the A1r Pollution Control Officer as his reasons
for denial of the authority-to construct, the permit to operate or the
permit to sell or rent.
13
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(2.0) RULE 23. FURTHER INFORMATION.
Before acting on an application for authority to construct, permit to
operate or permit to sell or rent, the A1r Pollution Control Officer
may require the applicant to furnish further Information or further plans
or specifications.
(3.0) RULE 24. APPLICATIONS DEEMED DENIED.
The Applicant may at his option deem the authority to construct, permit
to operate or permit to sell or rent denied 1f 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 specifications requested by the Air Pollution Control Officer, which-
ever is later.
(2.0) RULE 25. APPEALS.
Within 10 days after notice, by the A1r Pollution Control Officer, of
denial or conditional approval of an authority to construct, permit to
operate or use or permit to sell or rent, the applicant may petition the
Hearing Board, in writing, for a public hearing. The Hearing Board,
after notice and a public hearing held within 30 days after filing the
petition, may sustain, reverse, or nodify the action of the Air Pollution
Control Officer; such order may be made subject to specified conditions.
REGULATION III - FEES
(3.0) RULE 40. PERMIT FEES.
Every applicant, except any state or local governmental agency or public
district, for an authority to construct or a permit to operate any arti-
cle, machine, equipment or other contrivance, for which an authority to
construct or permit to operate 1s required by the State law or the Rules
and Regulations of the Air Pollution Control District, shall pay a filing
fee of $40.00. Where an application 1s filed for a permit to operate any
article, machine, equipment or other contrivance by reason of transfer
from one person to another, and where a permit to operate had previously
been granted under Rule 10 and no alteration, addition or transfer of
location has been made, the applicant shall pay only a $10.00 filing fee.
Every applicant, except any state or local governmental agency or public
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
cancelled, or if an authority to construct or a permit to operate 1s denied
14
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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 article, ma-
chine, equipment or other contrivance by reason of transfer of location
or transfer from one person to another, or both, and where a permit to
operate had previously been granted for such equipment under Rule 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 1n total electrical energy rating, the In-
crease in maximum horizontal Inside cross sectional area or the Increase
1n total stationary container capacity resulting from such alterations
or additions, as described 1n the fee schedules contained herein.
Where the application 1s for transfer of location and no alteration or
addition has been made, the applicant shall pay only a filing fee of
$40.00.
Where an application 1s filed for an authority to construct or a permit
to operate exclusively involving revisions to the conditions of an exist-
ing permit to operate or involving alterations or additions resulting in
a change to any existing article, machine, equipment or other contrivance
holding a permit under the provisions of Rule 10 of these Rules and Regu-
lations, the applicant shall be assessed a fee based upon the increase
in total horsepower rating, the Increase in total fuel consumption ex-
pressed in thousands of British Thermal Units (BTU) per hour, the In-
crease in total electrical energy rating, the Increase in maximum hori-
zontal inside cross sectional area or the Increase In total stationary
container capacity resulting from such alterations or additions, as
described in the fee schedules contained herein. Where there 1s no
change or is a decrease in such rating, 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
have been complied with, the applicant shall be notified by the Air Pollu-
tion 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 mall and shall serve as a
temporary permit to operate for 30 days from the date of personal service
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.
Where a single permit to operate has been granted under Rule 10, and
where the Air Pollution Control Officer would have issued separate or
15
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revised permits for each permit unit Included 1n the original applica-
tion, the Air Pollution Control Officer may issue such separate or
revised permits without fees.
In the event that a permit to operate 1s granted by the Hearing Board
after denial by the A1r 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 1n writing to
the A1r Pollution Control Officer within 10 days after the destruction,
loss or defacement of a permit to operate. A fee of $2.00 shall be
charged, except to any state or local governmental agency or public dis-
trict, for Issuing a duplicate permit to operate.
It 1s 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 1n
any article, machine, equipment or other contrivance, in accordance with
the following schedule:
Horsepower Fee
I
I
..__._ inn nn
______ ?nn nn
...... wv nn
...... Ann nn
...... snn nn
...... finn nn
.. nnn nn
16
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SCHEDULE 2
FUEL BURNING EQUIPMENT SCHEDULE
Any article, machine, equipment or other contrivance 1n which fuel
burned, with the exception 01 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 1n thousands of
British Thermal Units (BTU) per hour, using gross heating values of the fuel,
in accordance with the following schedule.
1000 British Thermal Units per Hour
(a
b
c
d
(e
f
9
h
Fee
....... inn nn
....... 200 oo
....... 300 00
....... Ann nn
....... 500 00
..__.__ finn nn
_ son on
SCHEDULE 3
ELECTRICAL ENERGY SCHEDULE
Any article, machine, equipment or other contrivance which uses electri-
cal energy, with the exception of electric motors covered 1n Schedule 1, shall
be assessed a permit fee based on the total kHovolot ampere (KVA) ratings,
in accordance with the following schedule:
Kllovolt Amperes
Fee
1
5;
;?;
M
...... ion on
...... ?nn nn
...... *?on nn
...... Ann nn
...... 500 00
...... finn nn
finn nn
-17-
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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, 1n square feet, of the primary combustion chamber:
Area, 1n Square Feet
Fee
IS!
up to and Including 3 $ 40.00
greater than 3 but less than 4 100.00
c) 4 or greater but less than 7 200.00
7 or greater but less than 10 300.00
10 or greater but less than 15 400.00
15 or greater but less than 23- 500.00
23 or greater but less than 40-
40 or greater
600.00
800.00
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 of
cubic equivalent:
Gallons
(a) up to and including 4,000
(b) greater than 4,000 but less than 10,000
(c) 10,000 or greater but less than 40,000
d 40,000 or greater but less than 100,000-
e 100,000 or greater but less than 400,000
f 400,000 or greater but less than 1,000,000---
g 1,000,000 or greater but less than 4,000,000-
h 4,000,000 or greater---
Fee
40.00
60.00
100.00
200.00
300.00
400.00
500.00
600.00
18
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SCHEDULE 6
MISCELLANEOUS SCHEDULE
Any article, machine, equipment or other contrivance which Is not Included
in the preceding schedules shall be assessed a permit fee of $40.00.
(Amended 4/25/72)
(16.0) RULE 42. 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,
permit to operate or permit to sell or rent, except any state or
local governmental agency or public district, shall pay to the
Clerk of the Hearing Board, on filing, a fee 1n the sum of $15.00.
It 1s hereby determined that the cost of administration of Article
5, Chapter 2, Division 20, Health and Safety Code, or Rule 25 of
these Rules and Regulations, exceeds $15.00 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 A1r Pollution
Control Officer.
(9.0) Rule 43. ANALYSIS FEES.
Whenever the A1r Pollution Control Officer finds that an analysis of the
emission from any source 1s necessary to determine the extent and amount
of pollutants being discharged Into the atmosphere which cannot be deter-
mined by visual observation, he may order the collection of samples and the
analysis made by qualified personnel of the A1r Pollution Control District.
The time required for collecting samples, making the analysis and preparing
the necessary reports, but excluding time required 1n going to and from
such premises shall be charged against the owner or operator of said pre-
mises in a reasonable sum to be determined by the Air Pollution Control
Officer, which said sum 1s not to exceed the actual cost of such work.
(13.0) RULE 44. TECHNICAL REPORTS - CHARGES FOR:
Information, circulars, reports of technical work, and other reports pre-
pared by the Air Pollution Control District when supplied to other govern-
mental agencies or individuals or groups requesting copies of the same may
be charged for the District in a sum not to exceed the cost of preparation
and distribution of such documents. All such monies collected shall be
turned into general funds of the said District.
19
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(3.0) RULE 45. PERMIT FEES - OPEN BURNING. (Adopted 4/25/72)
Every applicant for a permit to conduct an open fire, who files an
application with the A1r Pollution Control Officer, except any state or
local government agency or public district, shall pay a filing fee of
$20.00. Where an application 1s cancelled or denied, the filing fee
shall not be refunded nor applied to any subsequent application.
REGULATION IV - 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 contaminant for a period or periods
aggregating more than three minutes in any one hour which is:
a. As dark or darker 1n shade as that designated as No. 1 on the
Rlngelmann 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 1n subsection
(a) of this Rule.
This amendment shall be effective on the date of its adoption for any
sources of emissions not then completed and put Into service. As to all
other equipment this amendment shall be effective on January 1, 1974, and
as to such other equipment the prior limitation Imposed by Rule 50 (No. 2
on the Rlngelmann Chart) shall remain applicable until January 1, 1974.
(50.7) RULE 51. NUISANCE.
A person shall not discharge from any source whatsoever such quantities
of air contaminants or other material which cause injury, detriment, nuis-
ance 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. The provisions of the rule do not apply to
odors emanating from agricultural operations 1n the growing of crops or
raising of fowl or animals.
(50.1) RULE 52. PARTICULATE MATTER - CONCENTRATION. (Amended 4/25/72)
A person shall not discharge into the atmosphere from any source part.iculate
matter in excess of the concentration shown in the following table: (See
Rule 52 Table)
20
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TABLE FOR RULE 52
VOLUME DISCHARGED
CUBIC FEET PER
MINUTE CALCULATED AS
DRY GAS AT STANDARD
CONDITIONS
MAXIMUM CONCENTRATION
OF PARTICULATE MATTER
ALLOWED IN DISCHARGED
GASGRAINS PER CUBIC
FOOT OF DRY GAS AT
STANDARD CONDITIONS
VOLUME DISCHARGED
CUBIC FEET PER MIN-
UTE CALCULATED AS
DRY GAS AT STANDARD
CONDITIONS
MAXIMUM CONCENTRATION
OF PARTICULATE MATTER
ALLOWED IN DISCHARGED
GASGRAINS PER CUBIC
FOOT OF DRY GAS AT
STANDARD CONDITIONS
1000 or less
1200
1400
1600
1800
2000
2500
3000
3500
4000
5000
6000
7000
8000
10000
15000
0.200
.187
.176
.167
.160
.153
.141
.131
.124
.118
.108
.101
.0949
.0902
.0828
.0709
20000
30000
40000
50000
60000
70000
80000
100000
200000
400000
600000
800000
1000000
1500000
2000000
2500000 or more
0.0635
.0544
.0487
.0447
.0417
.0393
.0374
.0343
.0263
.0202
.0173
.0155
.0142
.0122
.0109
.0100
20A
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Where the volume discharged falls between figures listed 1n 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 1n steam generators or
gas turbines.
For the purposes of this rule "particulate matter" Includes any material
which would become particulate matter if cooled to standard conditions.
This amendment shall be effective on the date of its adoption for any
equipment not then completed and put Into service. As to all other
equipment this amendment shall be effective on January 1, 1974, and as
to such other equipment the prior limitation Imposed by Rule 52 (a dis-
charge of 0.3 grain per cubic foot of gas at standard conditions) shall
remain applicable until January 1, 1974.
21
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(50.2) RULE 53. SULFUR COMPOUNDS - CONCENTRATION. (Amended 4/25/72)
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, 500 parts per million by volume
calculated as sulfur dioxide (S02).
This amendment shall be effective on the date of Its adoption for any
equipment not then completed and put Into service. As to all other equip-
ment this amendment shall be effective on January 1, 1975, and as to such
other equipment the prior limitation Imposed by Rule 53 (for sulfur
compounds calculated as S02» 0.2 percent by volume) shall remain applicable
until January 1, 1975.
(51.19) RULE 53.2. 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. 500 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 revocery 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 53.3. SULFURIC ACID UNITS
A person shall not discharge into the atmoshpere from any sulfuric acid
plant, effluent process gas containing more than:
1. 500 parts per million by volume of sulfur compounds calculated as
sulfur dioxide.
2. 200 pounds per hour of sulfur compounds calculated as sulfur
dioxide^
22
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(50.1.1) RULE 54. PARTICIPATE MATTER - WEIGHT. (Amended 4/25/72)
A person shall not discharge Into the atmoshpere from any source
partlculate matter, Including lead and lead compounds, 1n excess of the
rate shown 1n the following table: (See Rule 54 Table)
Where the process weight per hour falls between figures listed 1n the
table, the exact weight of permitted discharge shall be determined by
linear Interpolation.
For the purposes of this rule "partlculate matter" Includes any material
which would become partlculate matter 1f cooled to standard conditions.
This amendment shall be effective on the date of Its adoption for any
equipment not then completed and put Into service. As to all other
equipment this amendment shall be effective on January 1, 1974, and as to
such other equipment the prior limitation imposed by Rule 54 shall remain
applicable until January 1, 1974.
23
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TABLE FOR RULE 54
PROCESS WEIGHT
PER HOUR--
POUNDS PER HOUR
250 or less
300
350
400
450
500
600
700
800
900
1000
1200
1400
1600
1800
2000
2500
3000
3500
4000
4500
5000
5500
6000
6500
7000
7500
8000
8500
9000
9500
10000
MAXIMUM DISCHARGE
RATE ALLOWED FOR
PARTICULATE MATTER
(AGGREGATE DISCHARG-
ED FROM ALL POINTS
OF PROCESS)-POUNDS
PER HOUR
1.00
1.12
1.23
1.34
1.44
1.54
1.73
1.90
2.07
2.22
2.38
2.66
PROCESS WEIGHT
PER HOUR-
POUNDS PER HOUR
93
19
43
66
4.21
4.72
5.19
5.64
07
49
89
27
7.64
8.00
8.36
8.70
9.04
9.36
9.68
10.00
12000
14000
16000
18000
20000
25000
30000
35000
40000
45000
50000
60000
70000
80000
90000
100000
120000
140000
160000
180000
200000
250000
300000
350000
400000
450000
500000
600000
700000
800000
900000
1000000 or more
MAXIMUM DISCHARGE
RATE ALLOWED FOR
PARTICULATE MATTER
(AGGREGATE DISCHARGED
FROM ALL POINTS OF
PROCESS)-POUNDS PER HOUR
10.4
10.8
11.2
11.5
11.8
12.4
13.0
13.5
13.9
14.3
14.7
15.3
20,
21,
22,
23,
15.9
16.4
16.9
17.3
18.1
18.8
19.4
19.9
4
6
5
4
24.1
24.8
25.4
26.6
27.6
28.4
29.3
30.0
23A
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(2.0) RULE 55. 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 can-
not be abated by any other means, or
(2) The instruction of public employees in the methods of fight-
ing fire.
b. Smoke from fires set pursuant to permit on property used for in-
dustrial purposes for the purpose of Instruction of employees in
methods of fighting fire.
c. Smoke from open burning for which a permit has been issued by the
Air Pollution Control Officer.
d. Agricultural operations in the growing of crops, or raising of
fowls, animals, or bees.
e. The use of an orchard or citrus grove heater which does not pro-
duce unconsumed solid carbonaceous matter at a rate in excess of
one (1) gram per minute.
f. The use of other equipment in agricultural operations in the grow-
ing of crops, or raising of fowls, animals, or bees.
(51.16) RULE 56. STORAGE OF PETROLEUM PRODUCTS.
A person shall not place, store or hold 1n any stationary tank, reservoir
or other container of more than 40,000 gallons capacity any gasoline or
any petroleum distillate having a vapor pressure of 1.5 pounds per square
inch absolute or greater under actual storage conditions, unless such tank,
reservoir or other container is a pressure tank maintaining working pres-
sures sufficient at all times to prevent hydrocarbon vapor or gas loss to
the atmosphere, or is designed and equipped with one of the following vapor
loss control devices, properly installed, in good working order and in
operation:
a. A floating roof, consisting of a pontoon type or double-deck type
roof, resting on the surface of the liquid contents and equipped
with a closure seal, or seals, to close the space between the
roof edge and tank wall. The control equipment provided for in
this paragraph shall not be used if the gasoline or petroleum
24
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distillate has a vapor pressure of 11.0 pounds per square inch
absolute or greater under actual storage conditions. All tank
gauging and sampling devices shall be gas-tight except when
gauging or sampling 1s taking place.
b. A vapor recovery system, consisting of a vapor gathering system
capable of collecting the hydrocarbon vapors and gases discharged
and a vapor disposal system capable of processing such hydrocar-
bon vapors and gases so as to prevent their emission to the at-
mosphere and with all tank gauging and sampling devices gas-tight
except when gauging or sampling Is taking place.
c. Other equipment of equal efficiency, provided such equipment is
submitted to and approved by the Air Pollution Control Officer.
(51.13) RULE 57. OPEN FIRES.
A person shall not burn any combustible refuse in any open outdoor fire
within Orange County, except:
a. When such fire 1s set or permission for such fire is given in the
performance of the official duty of any public officer, and such
fire In the opinion of such officer 1s necessary:
(1) For the purpose of the prevention of a fire hazard which
cannot be abated by any other means* or
(2) The instruction of public employees in the methods of
fighting fire.
b. When such fire is set pursuant to permit on property used for in-
dustrial purposes for the purpose of Instruction of employees in
methods of fighting fire.
c. When such fire 1s set in the course of any agricultural operation
in the growing of crops, or raising of fowls, animals or bees.
These exceptions shall not be effective on any calendar day on which the
Air Pollution Control Officer determines that:
(1) The inversion base at 4:00 a.m., Pacific Standard Time, will
be lower than one thousand five hundred feet above mean
sea level, and .
(2) The maximum mixing height will not be above three thousand
five hundred feet, and
(3) The average surface wind speed between 6:00 a.m. and 12:00
noon, Pacific Standard Time, will not exceed five miles
per hour.
25
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(51.9) RULE 58. DISPOSAL OF SOLID AND LIQUID WASTES.
A. A person shall not burn any combustible refuse in any incinera-
tor within the District except in a multiple-chamber incinerator
as described in Rule 2(p), 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 incin-
erator 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,
partlculate matter in excess of 0.1 grain per cubic foot of gas
calculated to 12 percent of carbon dioxide (COg) at standard con-
ditions. Any carbon dioxide (CO?) produced by combustion of any
liquid or gaseous fuels shall be excluded from the calculation to
12 percent of carbon dioxide
c. A person shall not discharge Into the atmosphere from any equip-
ment whatsoever, used to process combustible refuse, except as
provided 1n 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 (($2) at standard conditions. Any carbon
dioxide (C02) produced by combustion of any liquid or gaseous
fuels shall be excluded from the calculation to 12 percent of
carbon dioxide
d. A person shall not discharge Into the atmosphere from any Incine-
rator or other equipment used to dispose of combustible refuse by
burning, having design burning rates of 100 pounds per hour or
less, or for which an application for permit 1s filed before Jan-
uary 1, 1972, particulate matter 1n excess of 0.3 grain per cubic
foot of gas calculated to 12 percent of carbon dioxide (C02) 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 percent of carbon dioxide ((#2)
(51.16) RULE 59. EFFLUENT OIL WATER SEPARATORS.
A person shall not use any compartment of any vessel or device operated
for the recovery of oil from effluent water which recovers 200 gallons a
day or more of any petroleum products from any equipment which processes,
refines, stores or handles hydrocarbons with a Reid vapor pressure of
0.5 pound or greater, unless such compartment is equipped with one of the
following vapor loss control devices, except when gauging or sampling is
taking place:
26
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a. A solid coyer with all openings sealed and totally enclosing
the liquid contents of that compartment.
b. A floating pontoon or double-deck type cover, equipped with
closure seals to enclose any space between the roof cover's edge
and compartment wal1.
c. A vapor recovery system which reduces the emission of all hydro-
carbon vapors and gases into the atmosphere by at least 90 per
cent by weight.
d. Other equipment of an efficiency equal to or greater than a, b,
or c, 1f approved by the Air Pollution Control Officer;
This rule shall not apply to any oil-effluent water separator used ex-
clusively in conjunction with the production of crude oil, if the water
fraction of the oil-water effluent entering the separator contains less
than 5 parts per million hydrogen sulfide, organic sulfides, or a com-
bination thereof.
This amendment shall be effective at the date of its adoption for any
equipment not then completed and put into service. As to all other
equipment this amendment shall be effective on July 1, 1972.
(2.0) RULE 60. 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, re-
duces or conceals an emission which would otherwise constitute a violation
of Division 20, Chapter 2 of the Health and Safety Code of the State of
California, or of Rule 501 of these Rules and Regulations.
(51.16) RULE 462. ORGANIC LIQUID LOADING
a. Facilities Handling 75,700 liters (20,000 gallons) per day or more.
(1) A person shall not load organic liquids havino a vapor pres-
sure of 77.5 millimeters of mercury (1.5 psia) or greater
under actual loading conditions into any tank truck, trailer
' or railroad tank car from any loading facility having a
throughput of 75,700 liters (20,000 gallons) or more in any
one day, unless the loading facility is equipped with a vapor
collection and disposal system or its equivalent approved by
the Air Pollution Control Officer.
(2) Loading shall be accomplished in such a manner that the dis-
placed vapor and air will be vented only to the vapor collec-
tion system. Measures shall be taken to prevent liquid
drainage from the loading device when it is not in use or to
27
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accomplish complete drainage before the loading device
Is disconnected.
(3) 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 pro-
cesses the displaced vapor and recovers at least 90
percent by weight of the organic vapors and gases from
the equipment being controlled.
(B) A vapor handling system which directs the displaced
vapors to a fuel gas system.
(C) Other equipment of an efficiency equal to or greater
than (A) or (B) 1f approved by the A1r Pollution
Control Officer.
b. Facilities handling less than 75,700 liters (20,000 gallons
per day.
(1) Any facility that was 1n operation prior to Januarv 9, 1976,
that distributes 1,892,500 liters (500,000 gallons) or more
of gasoline annually to storage vessels not exempted under
Sections (c) (1), (c) (2), and (c) (3) of Rule 65, but less
than a total of 75,700 liters (20,000 gallons) of gasoline
in any one day shall return the vapors displaced from the
delivery vessel back to the stationary storage container.
(2) Any facility in operation prior to January 9, 1976, that
distributes less than 75,700 liters (20,000 gallons) of gas-
oline in any one day shall be exempt from the provisions of
of this rule provided that:
(A) Less than 1,892,500 liters (500,000 gallons) per year
are distributed to storage vessels, not exempted under
Sections (c) (1), (c) (2), and (c) (3) of Rule 65.
(B) All gasoline 1s loaded Into transport vessels through
a fill pipe, the discharge opening of which is sub-
merged when the liquid level 1s 8 centimeters (3.15
Inches) above the bottom of the vessel.
(C) The owner or operator of the facility petitions the
Air Pollution Control Officer annually for the exemption.
(3) Any such facility constructed or installed on or after
January 9, 1976, irrespective of throughput, shall comply
with the provisions of Section (b) (1) and shall not be
eligible for the exemption 1n Section (b) (2).
28
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c. Effective Dates.
(1) The owner or operator of any organic liquid loading facility
subject to this rule which 1s Installed or constructed on or
1 after January 9, 1976 shall comply with the provisions of
this rule at the time of Installation.
(2) The owner or operator of any organic liquid loading facility
subject to this rule which 1s operating or 1n the process
of being Installed or constructed before January 9, 1976,
shall comply with the provisions of the rule by August 1,
1976, and shall comply with the following Increments of
progress:
(A) By April 1, 1976 submit to the A1r Pollution Control
Officer a final control plan which describes, as a
minimum, the steps that will be taken to achieve compli-
ance with the provisions of this rule.
(B) By May 1, 1976 negotiate and sign all necessary contracts
, for emission control systems, or Issue orders for the
purchase of component parts to accomplish emission
control.
(C) By June 1, 1976, initiate on-slte construction or In-
stallation of emission control equipment.
(D) By July 1, 1976 complete on-s1te construction or instal-
lation of emission control equipment.
(E) By August 1, 1976, assure final compliance with the pro-
visions of this rule.
(50.2) RULE 62. SULFUR CONTENTS OF FUELS.
A person shall not burn natural gas containing sulfur compounds in excess
of 15 grains per 100 cubic feet of gaseous fuel or any other gaseous fuel
containing sulfur compounds in excess of 50 grains per 100 cubic feet of
gaseous fuel, calculated as hydrogen sulffde at standard conditions, or;
any liquid fuel or solid fuel having a sulfur content 1n excess of 0.5 per
cent by weight. The burning of liquid fuel or solid fuel shall be per-
mitted only if the delivery of gaseous fuel to the user 1s interrupted by
the supplier, or by an event outside of the control of the user.
The provisions of this rule shall not apply to:
(a) The burning of sulfur, hydrogen sulfide, acid sludge or other
sulfur compounds in the manufacturing of sulfur or sulfur
compounds.
-------
(b) The Incinerating of waste gases provided that the gross heating
value of such gases is less than 300 British Thermal Units per
cubic foot at standard conditions and the fuel used to incin-
erate such waste gases does not contain sulfur or sulfur com-
pounds in excess of the amount specified in this rule.
(c) The use of solid fuels 1n any metal!urlgical process.
(d) The use of fuels where the gaseous products of combustion are
used as raw materials for other processes.
(e) The use of liquid or solid fuel to propel or test any vehicle,
aircraft, missile, locomotive, boat or ship.
Every holder of, and every applicant for a permit to operate fuel-burning
equipment under these Rules and Regulations shall notify the Air Pollution
Control Officer in the manner and form prescribed by him, of each Inter-
ruption in and resumption of delivery of gaseous fuel to his equipment.
It shall not be a violation of this rule to burn fuel not permitted by
this rule for a period of not to exceed three calendar days (and in addi-
tion for that period of time necessary for the hearing board to render a
decision, provided that an application for a variance is promptly filed)
when other fuel which complies with the Rule cannot be used due to accident,
strike, sabotage,, or act of God.
(12.0) RULE 63. GASOLINE SPECIFICATIONS. (Adopted December 23, 1969)
a. A person shall not sell or supply for use within the District
as a fuel for motor vehicles as defined by the Vehicle Code of
the State of California, gasoline having a degree of unsaturation
greater than that indicated by a Bromine Number 30 as determined
by ASTM Method D1159-57T modified by omission of the mercuric
chloride catalyst.
b. For the purpose of this rule, the term "gasoline" means any
petroleum distillate having a Reid vapor pressure of more than
four pounds.
(51.21) RULE 64. REDUCTION OF ANIMAL MATTER.
A person shall not operate or use any article, machine, equipment or other
contrivance for the reduction of animal matter unless all gases, vapors
and gas-entrained effluents from such an article, machine, equipment, or
other contrivances are:
a. Incinerated at temperatures of not less than 1200 degrees Fahren-
heit for a period of not less than 0.3 seconds, or
b. Processed in a manner determined by the Air Pollution Control
30
-------
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 main-
tain in calibration, in good working order and in operation devices, as
specified 1n the authority to construct or permit to operate or as speci-
fied by the A1r Pollution Control Officer, for indicating temperature,
pressure or other operating conditions.
For the purpose of this rule "reduction" Is defined as any heated process,
Including rendering, cooking, drying, 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.
This rule shall be effective on the date of Its adoption as to any article,
machine, equipment or other contrivance used for the reduction of animal
matter not completed and put into service.
(51.16) RULE 461. GASOLINE TRANSFER AND DISPENSING.
a. Gasoline Transfer Into Stationary Storage Containers.
(1) A person shall not transfer or permit the transfer of gaso-
line from any truck, trailer or railroad tank car Into any
stationary storage container with a capacity of more than
950 liters (251 gallons) unless such container is equipped
with a permanent submerged fill pipe and unless 90 percent
by weight of the gasoline vapors displaced during the fill-
ing of the stationary storage container are prevented from
being released to the atmosphere.
(2) The provisions of Section (a) (1) shall be met by either:
(A) The displaced gasoline vapors being processed by a
system that includes:
(I) A vapor-tight gasoline fill connector.
(II) A vapor-tight vapor return line to the delivery
vessel of at least 7.6 centimeters (3 inches)
nominal diameter.
(Ill) A device approved by the Air Pollution Control
Officer which will ensure that the vapor return
31
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Une is connected before gasoline can be trans-
ferred Into the container.
(IV) The vapor-laden delivery vessel shall be design-
ed and maintained to be 1n a vapor-tight condition.
(V) The vapor-laden delivery vessel shall be refilled
only at facilities equipped with vapor collection
and disposal systems as required by Rule 61.
(B) The displaced gasoline vapors and gases are processed
by a system approved by the A1r Pollution Control
Officer and with a minimum recovery efficiency at least
equivalent to that of the system described above; or
(C) Transfer is made to a storage container equipped as
described 1n Rule 463.
b. Gasoline Transfer into Vehicle Fuel Tanks
(1) A person shall not transfer or permit the transfer of gaso-
line from a stationary container subject to the provisions
of Section (a) Into any motor vehicle fuel tank of greater
than 19 liters (5 gallons) capacity unless 90% by weight
of gasoline vapors displaced during the transfer are pre-
vented from entering the atmosphere. The transfer shall be
made through a fill nozzle which:
(A) Is designed and operated to prevent the discharge of
gasoline vapors to the atmosphere from the vehicle
filler neck and the fill nozzle, and
(B) Is designed and operated to prevent fuel tank overfills
and spillage on fill nozzle disconnect, and
(C) Limits the fill rate to a maximum of 30 liters (7.9
gallons) per minute.
c. Exemptions.
The provisions of this rule shall not apply to the transfer of
gasoline.
(1) Into or from any stationary container having a capacity of
7,570 liters (2,000 gallons) or less which was installed
prior to March 5, 1975, if such container is equipped with
a permanent submerged fill pipe by March 1, 1977, or into
or from any underground storage container installed prior
to March 5, 1975, where the fill line between the fill
32
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connection and container 1s offset.
(2) Into or from any stationary container which 1s used prima-
rily for the fueling of Implements of husbandry, as such
vehicles are defined 1n Division 16 (Section 36000, et seq)
of the California Vehicle Code, 1f such container Is equip-
ped with a submerged fill pipe by March 1, 1977.
%
(3) Into or from any stationary container located 1n the
Southeast Desert A1r Basin portion of San Bernardino County,
the Joshua Tree area, or the Palo Verde area, 1f such con-
tainer 1s equipped with a permanent submerged fill pipe by
March 1, 1977, or at the time of container Installation 1f
after that date.
(4) Into a motor vehicle from any stationary storage container
having a capacity of 950 liters (251 gallons) or less, or
from any mobile container used exclusively for refueling of
vehicles or aircraft.
(5) Into motor vehicles from any gasoline dispensing facility
in existence prior to March 5, 1975, which 1s located in a
structure where the dispensers are at a lower elevation
than the bottom of the gasoline storage containers.
(6) Into or from any stationary container installed or under
construction prior to January 9, 1976, and located 1n River-
side or San Bernardino County which Is exclusively receiving
gasoline from any loading facility which 1s exempted under
the provisions of Section (t>) (2) of Rule 61, if such con-
tainer 1s equipped with a permanent submerged fill pipe by
March 1, 1977.
d. Other Provisions
(1) A person shall not Install any gasoline storage container
with a capacity of more than 950 liters (251 gallons) unless
such container meets the provisions of this rule.
(2) Vapor return or vapor recovery systems used to comply with
the provisions of this rule shall comply with all safety,
fire, weights and measurees, and other applicable codes or
regulations. All fill nozzles, pressure-vacuum relief vents
and any vacuum-assisted vapor recovery system must be of a
type approved for the purpose by a fire and safety testing
organization recognized by the fire department having juris-
diction.
33
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e. Definitions
For purposes of this rule, the following definitions are included:
(1) "Gasoline vapors" means the organic compounds in the displaced
vapors including any entrained liquid gasoline.
(2) A "motor vehicle" is any self-propelled vehicle registered
for use on the highways.
f. Effective Dates
(1) The owner or operator of any stationary storage container
or gasoline dispensing facility subject to this rule and
which is installed or constructed on or after January 9,
1976, shall comply with the provisions of this rule at the
time of installation.
(2) The owner or operator of any stationary storage or gasoline
dispensing facility subject to this rule which is operating
or in the process of being Installed or constructed before
January 9, 1976, shall comply with the following schedule
of increments of progress.
(3) Submit to the Air Pollution Control Officer a final control
plan which describes at a minimum the steps that will be
taken by the source to achieve compliance with the provisions
of this Rule.
(4) Negotiate and sign all necessary contracts for emission con-
trol systems, or Issue orders for the purchase of component
parts to accomplish emission control.
(5) Initiate on-site construction or installation of emission
control equipment.
(6) Complete on-site construction or installation of emission
control equipment.
(7) Assure final compliance with the provisions of this Rule.
(8) "C Date" 1s defined as the date on which the Air Resources
Board certifies a gasoline vapor control system in accordance
with Section 39068.6 of the Health and Safety Code.
34
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tn
1
SECTION A (TRANSFER INTO STORAGE CONTAINERS)
Located In
County Of
Los Angeles
Orange
Riverside
San Bernardino
Tank Cap.
(9*1 )
6,000 or larger
less than 6.000
All
All
6.000 or larger
less than 6,000
-,<»
9-15-74
1- 6-75
9- 1-75
9- 1-75
1- 1-75
8- 1-75
Negotiate*2'
11-15-74
4- 1-75
11- 1-75
11- 1-75
2-15-75
11- 1-75
Initiate*3*
12-1-74
6-1-75
12-1-75
3-1-76
4-1-75
12-31-75
OMplete*4' Assure*5'
4-1-75
2-1-76
6-1-76
5-1-76
7-1-75
2-1-76
5-1-75
5-1-76
7-1-76
6-1-76
8-1-75
5-1-76
-------
I
co
Located In
County Of
Los Angeles
Orange
Riverside
San Bernardino
Tank Cap.
(gal.)
6.000 or larger
less than 6.000
All
All
6,000 or larger
less than 6.000
SECTION
Submit*1*
1-6-75
6-1-75
9-1-75
9-1-75
1-1-75
8-1-75
B (DISPENSING INTO VEHICLES)
Negotiate*2*
3-1-75
11-1-75
11-1-75
11-1-75
2-15-75
11-1-75
Initiate*3*
5-1-75
120 days
fromC Date
(6)
2-1-76
3-1-76
4-1-75
1-2-76
Complete*4*
120 days from
C Date(6)
150 days from
C d»U(6)
120 days from
C Oate(6)
120 days from
C DaU(6)
120 days from
C DaU(6)
120 days from
C Bate(6)
Assure*5*
180 days from
C Oate(6)
180 days from
C Date(6)
180 days from
C Datete)
150 days from
C Date(6)
ISO days from
C Date(6)
150 days from
CDattU)
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(50.4) RULE 66. ORGANIC SOLVENTS, (Amended 4/25/72)
a. A person shall not Idscharge into the atmosphere more than 15
pounds of organic materials 1n any one day, nor more than 3
pounds In any one hour, from any article, machine, equipment or
other contrivance, tn which any organic solvent or any material
containing organic solvent comes Into contact wtth flame or Is
baked, heat-cured or heat-polymertzed, 1n the presence of oxygen,
unless said discharge has been reduced by at least 85 percent.
Those portions of any series of articles, machines, equipment
or other contrivances designed for processing a continuous web,
strip or wire which emit organic materials and using operations
described in this, section shall be collectively subject to
compliance wtth this section.
b. A person shall not discharge Into the atmosphere more than 40
pounds of organic materials 1n 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 employing or applying, any photochemlcally re-
active solvent, unless said discharge has been reduced by at least
85 percent. Emissions of organic materials Into the atmosphere
resulting from air or heated drying of products for the first 12
hours after their removal from any article, machine, equipment or
other contrivance described 1n 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.
c. A person shall not, after August 31, 1974, discharge into the
atmoshpere 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-photo-
chemically reactive organic solvent or any material containing
such solvent is employed or applied, unless said discharge has
been reduced by at least 85 percent. Emissions of organic mater-
ials into the atmosphere resulting from air or heated drying of
products for the first 12 hours after their removal from any ar-
ticle, machine, equipment, or other contrivance described in this
section shall be included 1n 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 contri-
vances designed for processing a continuous web, strip or wire
which emit organic materials and using operations described in
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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
(k), or any article, machine, equipment or other contrivance de-
scribed in section (a), Cb) or (c), shall be included with the
other emissions of organic materials from thalt article, machine
equipment or other contrivance for determining compliance with
this rule.
f. Emissions of organic materials Into the atmoshpere required to
be controlled by'sections (a), (b) or (c), shall be reduced by:
(1) Incineration, provided that 90 percent or more of the carbon
in the organic material being incinerated 1s oxidized to car-
bon dioxide, or
(2) Adsorption, :or
(3) Procesisng in a manner determined by the Air Pollution Control
Officer to be not less effective than (1) or (2) above.
g. A person incinerating, adsorbing, or otherwise processing organic
materials pursuant to this rule shall provide, properly install
and maintain in calibration, 1n good working order and in opera-
tion, devices as specified in the authority to construct or the
permit to operate, or as specified by the Air Pollution Control
Officer, for indicating temperature, pressures, rates of flow or
other operating1conditions necessary to determine the degree and
effectiveness of air pollution control.
h. Any person using organic solvents or any materials containing or-
ganic solvents shall supply the A1r Pollution Control Officer,
upon request and in the manner and form prescribed by him, written
evidence of the chemical composition, physical properties and
amount consumed for each organic solvent used.
i. The provisions-of this rule shall not apply to:
(1) The manufacture of organic solvents, or the transport or
storage of .organic solvents or materials containing organic
solvents.
(2) The use of;equipment for which other requirements are speci-
fied by Rules 56, 59, 61 or 65 or which are exempt from air
pollution control requirements by said rules.
(3) The spraying or other employment of insecticides, pesticides
or herbicides.
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I - I
(4) The employment* application, evaporation or drying of
saturated halogenated hydrocarbons or perchloroethylene.
(5) The use of any material, 1n any article* machine, equipment
or other contrivance described In sections (a), (b), (c), or
(d) If:
(A) The volatile content of such material consists only of
water and organic solvents, and
(B) The organic solvents comprise not more than 20 percent
of said volatile content, and
(C) The volatile content 1s not photochemically reactive as
defined 1n section (k).
For the purposes of this rule, organic solvents Include diluents
and thlnners and are defined as organic materials which are
liquids at standard conditions and which are used as dissolvers,
viscosity reducers or cleaning agents, except that such materials
which exhibit a boiling point higher than 220°F at 0.5 millimeter
mercury absolute pressure or having an equivalent vapor pressure
shall not be considered to be solvents unless exposed to tempera-
ture exceeding 220°F.
For the purposes of this rule, a photochemlcally reactive solvent
is any solvent with an aggregate of more than 20 percent of its
total volume composed of the chemical compounds classified below
or which exceeds any of the following individual percentage com-
position limitations, referred to the total volume of solvent:
(1) A combination of hydrocarbons, alcohols, aldehydes, esters
ethers or ketones having an oleflnlc or cyclo-oleflnic type
of unsaturatlon: 5 percent;
(2) A combination of aromatic compounds with either or more
carbon atoms to the molecule except ethyl benzene: 8 percent;
(3) A combination of ethylbenzene, ketones having branched hydro-
carbon structures, trichloroethylene or toluene: 20 percent.
Whenever any organic solvent or any constituent of any organ-
ic 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 reactice chemi-
cal group, that 1s, that group having the least allowable
percent of the total volume of solvents.
For the purposes of this rule, organic materials are defined
as chemical compounds of carbon excluding carbon monoxide,
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carbon dioxide, carbonic add, metallic carbides, metallic
carbonates and ammonium carbonate,
(50.4) PULE 66.1 ARCHITECTURAL COATINGS.
a. A person shall not sell or offer for sale for use in Orange
County, 1n containers of one quart capacity or larger, any archi-
tectural coating containing photochemlcally reactive solvent, as
defined in Rule 66(k).
b. A person shall not employ, apply, evaporate or dry in Orange
County any architectural coating, purchased 1n containers of one
quart capacity or larger, containing photochemlcally reactive
solvent, as defined in Rule 66(k).
c. A person shall not thin or dilute any architectural coating
with a photochemically reactive solvent, as defined in Rule
66(k).
d. For the purposes of this rule, an architectural coating is defin-
ed as a coating used for residential or commercial buildings and
their appurtenances; or industrial buildings.
(50.4) RULE 66.2. DISPOSAL AND EVAPORATION OF SOLVENTS.
A person"shall not during any one day dispose of a total of more than 1-1/2
gallons of any photochemically reactive solvent, as defined in Rule 66(k),
or of any material containing more than 1-1/2 gallons of any such photo-
chemical^ reactive solvent by any means which will permit the evaporation
of such solvent Into ihe atmosphere.
(51.5) RULE 67. FUEL BURNING EQUIPMENT. (Adopted December 23, 1969)
(51.6)
(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
2.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.
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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 1n the 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 emissions.
(51.7) RULE 67.1. FUEL BURNING EQUIPMENT.
A person shall not build, erect, Install or expand any non-mobile fuel
burning equipment unit with a maximum heat Input rate of more than 250-
m1111on British Thermal Units (BTU) per hour (gross), unless the dis-
charge Into the atmosphere of nitrogen oxides calculated as nitrogen di-
oxide (NO?) at 3% oxygen, will not and does not exceed any one or more of
the rates as shown 1n the following table:
NITROGEN OXIDES - PARTS PER MILLION
PARTS OF FLUE GAS
Fuel
Gas
Liquid or Solid
Concentration 1n PPM
125
225
For the purpose of this rule, a fuel burning equipment unit shall be
comprised 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 1n 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
emissions.
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(51.7) RULE 68. FUEL BURNING EQUIPMENT -OXIDES OF NITROGEN.
A person shall not discharge Into the atmosphere from any non-mobile
fuel-burning article, machine, equipment or other contrivance having
a maximum heat Input rate equal to or more than 2l50-m1ll1on British
Thermal Units (BTU) per hour (gross), flue gas having a concentration
of nitrogen oxides, calculated as nitrogen dioxide (NO?) at 3 percent
oxygen, 1n excess of that shown 1n the following table:
NITROGEN OXIDES - PARTS PER MILLION PARTS OF FLUE GAS FOR
UNITS WITH 2150-MILLION BTU/HR MAX. HEAT INPUT OR MORE
Fuel
Gas
Liquid or Solid
Effective Date
)ecember 31, 1972
225
325
December 31, 1975
125
225
(51.5) RULE 68.1. FUEL BURNING EQUIPMENT - COMBUSTION CONTAMINANTS.
A person shall not discharge into the atmosphere from any fuel burning
equipment combustion contaminants derived from the fuel exceeding 0.1
?rain per cubic foot of gas calculated to 12 percent of carbon dioxide
C02) at standard conditions.
(51.21) RULE 69. VACUUM PRODUCING DEVICES OR SYSTEMS.
A person shall not discharge into the atmosphere more than 3 pounds of
organic materials in any one hour from any vacuum producing devices or
systems including hot wells and accumulators, unless said discharge
has been reduced by at least 90 percent.
This rule shall be effective at the date of its adoption for any equipment
not then completed and put into service. As to all other equipment this
rule shall be effective on July 1, 1972.
(51.8) RULE 70. ASPHALT AIR BLOWING.
A person shall not operate or use any article, machine, equipment or
other contrivance for the air blowing of asphalt unless all gases, vapors
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and gas-entrained effluents from such an article, machine, equipment or
other contrivance are:
a. Incinerated at temperatures of not less than 1400 degrees
Fahrenheit 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.
(50.5) RULE 71. CARBON MONOXIDE.
A person shall not, after July 1, 1973 discharge into the atmosphere
carbon monoxide (CO) in concentrations exceeding 0.2 percent by volume
measured on a dry basis.
The provisions of this rule shall not apply to emissions from internal
combustion engines.
(12.0) RULE 74. LEAD CONTENT OF MOTOR FUELS.
a. DEFINITIONS;
1. "Manufacturer" and "sell," as used in this Rule, shall be
as defined in California Business and Professions Code
Section 20708.
2. "Retailer," as used in this Rule means any person possessing
a valid motor fuel pump license Issued pursuant to the
California Business and Professions Code Section 20767.
3. "Gasoline," as used in this Rule, shall be as defined by
California Business and Professions Code Section 20703.
4. "Octane number," as used in this Rule, shall be as defined
in the California Business and Professions Code Section
20710.
5. "Traces," as used in this Rule, shall mean amounts of lead
due only to contamination of existing production and
distribution facilities which have contained leaded fuels,
and shall not exceed 0.075 gram of lead per gallon.
b.. 1. No retailer shall sell any gasoline having an octane number
of 96 or more containing lead exceeding the following: on
or after July 1, 1972, 3.0 grams per gallon; on or after
July 1, 1973, 2.0 grams per gallon; on or after July 1, 1974
1.0 grams per gallon; on or after July 1, 1975, traces.
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2. No retailer shall sell any gasoline having an octane number
of less than 96 containing lead exceeding the following:
on or after July 1, 1972, 0.5 grams,per gallon; on or after
July 1, 1973, 0.1 grains per gallon;*on or after July 1, 1974,
traces.
3. Every manufacturer of gasoline and «very retailer of gasoline
shall sell at least one grade of gasoline having an octane
number of not less than 90 and containing lead not exceeding
the following: on or after July 1» 1972, 0.5 grains per gallon;
on or after July 1, 1973, 0.1 gram* per gallon; on or after
July 1, 1974, traces. :
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REGULATION V
PROCEDURE
BEFORE THE HEARING BOARD
REGULATION V
(2.0) RULE 75. GENERAL.
This regulation shall apply to all hearings before the Hearing Board of
the Air Pollution Control District.
(2.0) RULE 76. FILING PETITIONS.
Requests for hearings shall be initiated by the filing of a petition in
triplicate with the Clerk of the Hearing Board, at 1010 South Harbor
Boulevard, Anaheim, California, and the payment of the fee of $15.00
provided for in Rule 42 of these Rules and Regulations, after service
of a copy of the petition has been made on the Air Pollution Control
Officer at 1010 South Harbor Boulevard, Anaheim, California, and one copy
on the holder of the permit or variance, if any, involved. Service may
be made in person or by mail, and service may be proved by written
acknowledgment of the person served or by the affidavit of the person
making the service.
(2.0) RULE 77. CONTENTS OF PETITIONS.
Every petition shall state:
a. The name, address and telephone number of the petitioner, or
other person authorized to receive service of notices.
b. Whether the petitioner is an individual, co-partnership, 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:
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(1) To determine whether a permit shall be revoked or a 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, permit to operate or permit to sell or rent
under Rule 25 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 1s not the petitioner,
it shall set forth his authority to sign.
g. Petitions for revocation of permits shall allege 1n addition the
rule under which permit was granted, the rule or section which is
alleged to have been violated, together with a brief statement of
the facts constituting such alleged violation.
h. Petitions for reinstatement of suspended permits shall allege in
addition the rule under which the permit was granted, the request
and alleged refusal which formed the basis for such suspension,
together with a brief statement as to why information requested,
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 a least one inch at the top and left side of each sheet.
(5.0) RULE 78. PETITIONS FOR VARIANCES.
In addition to the matters required by Rule 77, petitions for variances
shall state briefly:
a. The section, rule or order complained of.
b. The facts showing why compliance with the section, rule, or order
is unreasonable.
c. For what period of time the variance is sought and why.
d. The damage or harm resulting or which would result to petitioner
from a compliance with such section, rule or order.
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e. The requirements which petitioner can meet and the date when
petitioner Can comply with such requirements,
f. The advantages and disadvantages to the residents of the dis-
trict 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 1n any court, civil or criminal.
1. Whether or not any case involving the same Identical equipment
or process is covered by a permit to operate Issued by the A1r
Pollution Control Officer.
(2.0) RULE 79. 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 addi-
tion to the matters required by Rule 77, set forth a summary of the appli-
cation or a copy thereof and the alleged reasons for the denial or condi-
tional approval and the reasons for appeal.
(2.0) RULE 80. FAILURE TO COMPLY WITH RULES.
The clerk of the Hearing Board shall not accept for f11 ins any petition
which does not comply with these Rules relating to the form, filing and
service of petitions unless the chairman or any two members of the Hearing
Board direct otherwise and confirm such direction in writing. Such direc-
tion need not be made at a meeting of the Hearing Board. The chairman or
any two members, without a hearing, may require the petitioner to state
further facts or reframe a petition so as to disclose clearly the issues
involved.
(2.0) RULE 82. ANSWERS.
Any person may file an answer within 10 days after service. All answers
shall be served the same as petitions under Rule 76.
(2.0) RULE 83. DISMISSAL OF PETITION.
The petitioner may dismiss his petition at any time before submission of
the case to the Hearing Board, without a hearing or meeting of the
Hearing Board. The Clerk of the Hearing Board shall notify all interested
persons of such dismissal.
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(16.0) RULE 84. PLACE OF HEARING.
All hearings shall be held at the Hearing Room, 1010 South Harbor Boule-
vard Anaheim, California, unless some other place 1s designated by the
Hearing Board.
(16.0) RULE 85. NOTICE OF HEARING.
The Clerk of the Hearing Board shall mall or deliver a notice of hearing
to the petitioner, the A1r Pollution Contorl Officer, the holder of the
permit or variance involved, if any, and to any person entitled to notice
under Sections 24275, 24295 or 24299, Health and Safety Code.
(2.0) RULE 86. EVIDENCE.
a. Oral evidence shall be taken only on oath or affirmation.
b. Each party shall have these rights: to call and examine wit-
nesses; to Introduce exhibits; to cross-examine opposing witneses
on any matter relevant to the issues even though that matter was
not covered in the direct examination; to Impeach any witness re-
gardless of which party first called him to testify; and to rebut
the evidence against him. If respondent does not testify 1n his
own behalf he may be called and examined as If under cross-examina-
tion.
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 re-
cognized in civil actions, and irrelevant and unduly repetitious
evidence shall be excluded.
(2.0) RULE 87. PRELIMINARY MATTERS.
Preliminary matters such as setting a date for hearing, granting continu-
ances, approving petitions for filing, allowing amendments and other pre-
liminary 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.
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it. .fl-.-i.t._-,_
(2.0) RULE 88. OFFICIAL NOTICE.
The Hearing Board may take bffidal notice of any matter which may be
judicially noticed by the courts of this State.
(2.0) RULE 89. CONTINUANCES.
The chairman or any two members of the Hearing Board shall grant any con-
tinuance of 15 days or less, concurred 1n by petitioner, the Air Pollution
Control Officer any by every person who has filed an answer in the action
and may grant any reasonable continuance; 1n either case such action may
be ex parte, without a meeting of the Hearing Board and without prior
notice.
(2.0) RULE 90. DECISION.
The decision shall be in writing, served and filed within 15 days after
submission of the cause by the parties thereto and shall contain a brief
statement of facts found to be true, the determination of the issues pre-
sented and the order of the Hearing Board. A copy shall be mailed or de-
livered to the Air Pollution Control Officer, the petitioner and to ever
person .who has filed an answer or who has appeared as a party" in person or
by council at the hearing.
(2.0) RULE 91. EFFECTIVE DATE OF DECISION.
The decision shall become effective 15 days after delivering or mailing
a copy of the decision, as provided in Rule 90, or the Hearing Board may
order that the decision shall become effective sooner.
(3.0) RULE 95. LACK OF PERMIT.
The Hearing Board shall not receive or accept a petition f>r 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 filled 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.
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REGULATION VI
ORCHARD OR CITRUS GROVE HEATERS
(1.0) RULE TOO. DEFINITIONS.
As used in these Rules and Regulations the following terms have the mean-
ings set forth in this rule unless otherwise apparent from the context:
a. Orchard or Citrus Grove Heater. "Orchard or citrus grove heater"
means any article, machine, equipment or other contrivance, burn-
ing any type of fuel or material capable of emitting air con-
taminants, used or capable of being used for the purpose of giv-
ing protection from frost damage.
(51.1) RULE 101. USE AND SALE OF ORCHARD HEATERS.
a. No person shall use any orchard heater unless such orchard
heater is approved by the State of California Air Resources
Board or does not produce more than one gram per minute of un-
consumed solid carbonaceous material.
b. No person shall sell or offer for sale any orchard heater unless
such orchard heater is approved by the State of California Air
Resources or does not produce more than one gram per minute of
unconsumed solid carbonaceous material.
c. This rule does not apply to contrivances commonly known as wind
machine.
(3.0) RULE 102. PERMIT REQUIRED.
a. No person shall use any orchard or citrus grove heater without
first obtaining a permit from the Air Pollution Control Officer
to do so.
b. The fee requirements provided for in Rules 40 and 45 shall not
apply to persons applying for or possessing permits for orchard
or citrus grove heaters.
(2.0) RULE 103. TRANSFER.
A permit to operate shall not be transferable, whether by operation of law
or otherwise, whether from one location to another, from one piece of
equipment to another, or from one person to another.
(3.0) RULE 105. APPLICATION FOR PERMITS.
Every application for a permit required under Rule 102 shall be filed in
the manner and form required by the Air Pollution Control Officer.
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Incomplete applications will not be accepted.
(3.0) RULE 106. ACTION ON APPLICATIONS.
The Air Pollution Control Officer shall act on all applications within a
reasonable time and shall notify the applicant in writing of the approval,
conditional approval or denial of the application.
(3.0) RULE 107. STANDARDS FOR GRANTING PERMITS.
The Air Pollution Control Officer shall deny a permit if the applicant does
not show that equipment described in Rules 100 and 102 is so designed or
controlled that it will not produce unconsumed solid carbonaceous matter at
the rate in excess of one (1) gram per minute except as prescribed under
Rule 108.
(2.0) RULE 108. CONDITIONAL APPROVAL.
a. The Air Pollution Control Officer may issue a permit subject to
conditions which will bring the orchard or citrus grove heater
within the standards of Rule 107 in which case the conditions
shall be specified in writing.
b. Erecting, altering, operating or using under conditional permit
shall be deemed acceptance of all conditions so specified.
(3.0) RULE 109. DENIAL OF APPLICATIONS.
In the event of denial of a permit, the Air Pollution Control Officer
shall notify the applicant in writing of the reasons therefor. Service
of this notification may be made in person or by mall, and such service
may be proved by the written acknowledgment of the person served or
affidavit of the person making the service. The Air Pollution Control
Officer shall not accept a further application unless the applicant has
complied with the objections specified by the Air Pollution Control
Officer as his reasons for denial.
(2.0) RULE 110. APPEALS.
Within 10 days after notice of denial or conditional approval of a permit
by the Air Pollution Control Officer, the applicant may petition the
Hearing Board, in writing, for a public hearing. The Hearing Board, after
notice and a public hearing held within 30 days after filing the petition,
may sustain, reverse, or modify the action of the Air Pollution Control
Officer; such order may be made subject to specified conditions.
'4
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(2.0) RULE 120. FEES.
A request for a duplicate permit for orchard or citrus grove heaters
shall be made in writing to the Air Pollution Control Officer within 10
davs after the destruction, loss nr Hpfacement of a permit. The fee for
issuing a duplicate permit shall be $1.00.
(51.1) RULE 122. CLASSIFICATION OF ORCHARD HEATERS.
For the purpose of these Rules and Regulations, orchard heaters are di-
vided into the following groups:
a. Class I. Any type of heater which is so designed or equipped
that it will not discharge unconsumed solid carbonaceous matter at
a rate in excess of one half (1/2) gram per minute. Heaters of
this type are mentioned in Rule 123.
b. Class II. Any type of orchard heater other than a Class I heater
which can be operated or regulated by a mechanical stop so that
it will not discharge unconsumed solid carbonaceous matter at a
rate in excess of one (1) gram per.minute. Heaters included
within this class are named in Rule 124.
The use of any Orchard Heater not herein designated or later classified as
permissible by the Control Officer is prohibited.
(51.1) RULE 123. CLASS I HEATERS DESIGNATED. PERMITS.
The Air Pollution Control Board finds that those types of heaters commonly
known or designated as:
Pipe Line Systems, including Kittle heater;
Return Stack Heaters, its equivalent or better;
Briquet or Coke Heaters when used with briquets or coke;
fall within Class I as defined in Rule 122(a). Permits shall be issued for
Class I heaters upon proper application therefor. This Class also includes
any heaters which is shown by competent test to come within the definition
of Class I heater.
(51.1) RULE 124. CLASS II HEATERS DESIGNATED. PERMITS.
The Air Pollution Control Board finds that orchard heaters commonly known
by any of the following names or designations may be used or operated for
the purpose of giving frost protection if the draft regulator is so adjusted
as to permit a maximum primary air orifice within the limitation indicated
below for such heater. These heaters fall within Class II as defined in
Rule 122(b)
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rt
MaxlM Size of Equivalent Draft
NAME . Prlwry Air Orifice Regulator Adjustment
Hy-Lo 148 --0.5 sq. In. 1/2 hole. 15/16" d1a.
Exch. Model. 6" dla. stack ^ 0.5 " ....
Cone Stack (Mfd. prior to 1949.
6" throat only) 0.5 " " ....
Loiora 0.8 " ".
Exch. Model. 7" dla. stack 0.8 "
Lazy Flaw. 24" dtack 0.8 " " " "
, Hy-Lo 230-A 0.8 " " ' "
<*> 20" 230-A 0.8 " " " "
Lazy Flaw. 18" stack 1.2" 11/2"
.Mafl. Jr. Louvre. 18" stack 1.2 " " " "
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This Class also includes any type of orchard heater (other than Class I
heaters) not herein specifically named which later may be shown to meet
the requirements of Rule 107,
The operation of any Class II heater at a primary air orifice in excess
of the maximum specified in the foregoing schedule for such heater is
prohibited except for the first five (5) minutes after the heater is
lighted. Said maximum primary orifices are predicated upon the heaters
being reasonably clean and the draft regulators fitting tight. Permits
for Class II heaters shall be Issued upon proper application and shall
set forth .the maximum primary air orifice permitted for each type heater
covered by such permit.
(51.1) RULE 125. PROHIBITION OF SALE OF HEATERS.
a. No person shall sell or offer for sale for use within the A1r
Pollution Control District of Orange County any orchard heater
other than those d1signated as Class I or Class II heaters by
these Rules or by the Control Officer, nor shall any orchard hea-
ter which falls within Class II as defined by Rules 122 and 124
be sold or offered for sale within the District 1f the primary
air orifice thereof exceeds in size the maximum specified herein
above for the particular heater.
b. Upon the classification by the Control Officer of any heater
not now specifically mentioned and classified, the provisions of
this rule shall apply to the same degree and extend as if that
heater had been so mentioned and classified at the time of enact-
ment of this rule.
(51.1) RULE 12'6. IDENTIFICATION OF HEATERS.
When in these Rules and Regulations a distilling type heater is designa-
ted by name, such name refers to the stack or stack assembly with which
such heater is equipped, it being understood that many heaters are equipped
with a stack of one make and with a cover or bowl of another make.
(51.1) RULE 127. MAINTENANCE OF HEATERS.
All heaters for which a permit is issued shall be maintained in reason-
ably clean condition and in good repair and working order, Whenever
orchard heaters are burning they must be adequately attended and supervised
to maintain the condition, adjustment and proper operation of the heaters.
(51.1) RULE 128. CLASSIFICATION OF UNDESI6NATED HEATERS.
The Air Pollution Control Officer shall have authority to determine the
proper classification of any orchard heater not specifically named herein.
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(2.0) RULE 130. PROHIBITIONS.
a. These rules prohibit the erecting, altering, replacing operating
or using any orchard or citrus grove heater which produces uncon-
sumed solid carbonaceous matter at the rate of more than one (1)
gram per minute, except under the conditions as set forth In
Rule 108.
b. Open fires for orchard or citrus grove heating are prohibited.
c. The use of rubber tires or any rubber products in any combustion
process in connection with any orchard or citrus grove heating 1s
prohibited.
d. Any new complete orchard or citrus grove heating equipment of
the distilling type not listed in Rule 124 must contain a primary
air orifice of such design that not more than one (1) gram per
minute of unconsumed solid carbonaceous matter is emitted.
e. No heater may be placed, be permitted to be placed or be per-
mitted to remain 1n any orchard or citrus grove or in any other
place where heaters may be fired to furnish protection from frost
damage unless a permit or conditional permit has been Issued.
f. The use or operation of any partial assembly of any type heater
for the purpose of giving protection from frost damage is hereby
prohibited. A permit or conditional permit Issued for the use or
operation of any type orchard or citrus grove heater is for the
use or operation of a complete heater assembly.
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