U.S. DCPMTMENT Of COMMERCE
National Technical Information Service
PB-296 683
Air Pollution Regulations in
State Implementation Plans
California, Placer County
Abcor, Inc, Wilmington, MA Walden Div
Pr*par*d
Environmental Protection Agency, Research Triangle Park, NC
Programs Development Div
Aug 78
Control
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United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
6ftA-4SO/S-78-OS4i-2e
August 1978
Air
Air Pollution Regulations
in State Implementation
Plans:
I REPRODUCED BY (
I NATIONAL TECHNICAL
! INFORMATION SERVICE
' U. S. DEPARTMENT OF COMMERCE
( . SPRINGFIELD, VA. 22161
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TECHNICAL REPORT DATA
(Please read Instruction! on the revtne be fort completing)
1. REPORT NO.
EPA-450/3-78-054-26
a.
}. TITLE AND SUBTITLE
Air Pollution Regulations 1n State Implementation i
Plans: California Placer County
6. REPORT DATE '
August 1978
9. PERFORMING ORGANIZATION CODE
7. AUTHOHISI
0. PERFORMING ORGANIZATION REPORT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Walden Division of Abcor, Inc.
Wilmington, Mass.
10. PROGRAM ELEMENT NO.
l. CONTRGRANT 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
16. SUPPLEMENTARY NOTES
EPA Project Officer: Bob Schell, Control Programs Development Division
16. ABSTRACT
This document has been produced in compliance with Section 110(h)(l) of the Clean Air
Act amendments of 1977. The Federally enforceable regulations contained in the State
Implementation Plans (SIPs) have been compiled for all 56 States and territories
(with the exception of the Northern Mariana Islands). They consist of both the
Federally approved State and/or local air quality regulations as Indicated 1n the
Federal Register and the Federally promulgated regulations for the State, as
Indicated in tfie Federal Register. Regulations which fall Into one of the above
categories as of January 1, 1978, have been Incorporated. As mandated by Congress,
this document will be updated annually. State and/or local air quality regulations
which have not been Federally approved as of January 1, 1978, are not Included here;
omission of these regulations from this document in no way affects the ability of
the respective Federal, State, or local agencies to enforce such regulations.
7.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
b.lDENTIFIERS/OPEN ENDED TERMS C. COSATI Field/Group
Air pollution
Federal Regulations
Pollution
State Implementation Plans
8. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
18. SECURITY CLASS (This Report)
Unclassified
20. SECURITY CLASS (This page)
Unclassified
ai. NC
22. PRICE f£_
EPA Form 2220-1 (9-73)
I
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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 2771 1
i
August 1978
J
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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-450/3-78-054-26
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INTRODUCTION
This document has been produced In compliance with Section 110(h)(l)
of the Clean Air Act Amendments of 1977. The Federally enforceable
regulations contained in the State Implementation Plans (SIPs) have been
compiled for all 56 States and territories (with the exception of the
Northern Mariana Islands). They consist of both the Federally approved
State and/or local air quality regulations as indicated in the Federal
Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of
the above categories as of January 1, 1978, have been incorporated. As
mandated by Congress, this document will be updated annually. State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.
There have been recent changes in the Federal enforceabillty 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 EFAVfinally, a brief description
or reference of the regulation which was submitted Is also Included.
This document is hot Intended to provide a tool" for determining
the enforceability of any given regulation. As stated above, it is
intended to provide a comprehensive compilation of those regulations
which are incorporated directly or by reference Into Title 40, Part 52,
of the Code of Federal Regulations. Consequently, the exclusion of a
Federally approved regulation from this document does not diminish the
enforceability of the regulation. Similarly, the Inclusion of a given
regulation (for example, regulations governing pollutants, such as odors,
for which there is no national ambient air quality standards) In this
document does not, in itself, render the regulation enforceable.
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SUMMARY SHEET OF
EPA - APPROVED REGULATION CHANGES
PLACER COUNTY. CALIFORNIA
Submittal Date ApproveVDate Description
6/30/72 9/22/72 All Regulations
approved unless
otherwise noted.
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DOCUMENTATION OF CURRENT EPA-APPROVED
STATE AIR POLLUTION REGULATIONS
REVISED STANDARD SUBJECT INDEX
1.0 DEFINITIONS
2.0 GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES
3.0 REGISTRATION CERTIFICATES. OPERATING PERMITS AND APPLICATIONS
4.0 AIR QUALITY STANDARDS (PRIMARY AND SECONDARY)
4.1 PARTICULATES
4.2 SULFUR DIOXIDE
4.3 NITRIC OXIDES
4.4 HYDROCARBONS
4.5 CARBON MONOXIDE
4.6 OXIDANTS
4.7 OTHERS
5.0 VARIANCES
6.0 COMPLIANCE SCHEDULES
7.0 EQUIPMENT MALFUNCTION AND MAINTENANCE
8.0 EMERGENCY EPISODES
9.0 AIR QUALITY SURVEILLANCE AND SOURCE TESTING
10.0 NEW SOURCE PERFORMANCE STANDARDS
11.0 NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS
12.0 MOTOR VEHICLE EMISSIONS AND CONTROLS
13.0 RECORD KEEPING AND REPORTING
14.0 PUBLIC AVAILABILITY OF DATA
15.0 LEGAL AUTHORITY AND ENFORCEMENT
16.0 HEARINGS, COMPLAINTS, AND INVESTIGATIONS
17.0 PREVENTION OF SIGNIFICANT DETERIORATION
18.0 AIR QUALITY MAINTENANCE AREA
19.0 - 49.0
RESERVED FOR FUTURE EXPANSION OF COMMON INDEX
50.0 POLLUTANT - SPECIFIC REGULATIONS
50.1 PARTICULATES
50.1.1 PROCESS WEIGHT
50.1.2 VISIBLE EMISSIONS
50.1.3 GENERAL
vi
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50.2 SULFUR COMPOUNDS
50.3 NITRIC OXIDES
50.4 HYDROCARBONS
50.5 CARBON MONOXIDE
50.6 ODOROUS POLLUTANTS
50.7 OTHERS (Pb. Hg, etc.)
51.0 SOURCE CATEGORY SPECIFIC REGULATIONS
51.1 AGRICULTURAL PROCESSES (Includes Grain Handling, Orchard Heaters,
R1ce and Soybean Facilities, Related Topics)
51.2 COAL OPERATIONS (Includes Cleaning, Preparation, Coal Refuse
Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
51.3 CONSTRUCTION (Includes Cement Plants, Materials Handling, Topics
Related to Construction Industry)
51.4 FERROUS FOUNDRIES (Includes Blast Furnaces, Related Topics)
51.5 FUEL BURNING EQUIPMENT (coal, natural gas. oil) - Participates
(Includes Fuel Content and Other Related Topics)
51.6 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (Includes
Fuel Content and Other Related Topics)
51.7 FUEL BURNING EQUIPMENT (oil. natural gas, coal) - N02 (Includes
Fuel Content and Other Related Topics)
51.8 HOT MIX ASPHALT PLANTS
51.9 INCINERATION
51.10 NITRIC ACID PLANTS
51.11 NON-FERROUS SMELTERS (Zn, Cu, etc.) - Sulfur Dioxide
51.12 NUCLEAR ENERGY FACILITIES (Includes Related Topic)
51.13 OPEN BURNING (Includes Forest Management, Forest F1re, Fire
Fighting Practice, Agricultural Burning and Related Topics)
51.14 PAPER PULP; WOOD PULP AND KRAFT MILLS (Includes Related Topics)
51.15 PETROLEUM REFINERIES
51.16 PETROLEUM STORAGE (Includes Loading, Unloading, Handling and
Related Topics)
51.17 SECONDARY METAL'OPERATIONS (Includes Aluminum, Steel and Related
Topics)
51.18 SULFURIC ACID PLANTS
51.19 SULFURIC RECOVERY OPERATIONS
51.20 WOOD WASTE BURNERS
51.21 MISCELLANEOUS TOPICS
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TABLE OF CONTENTS
Revised Standard
Subject Index
(2.0)
(1.0)
(2.0)
(15.0)
(2.0)
(2.0)
(3.0)
(3.0)
(3.0)
(3.0)
(3.0)
(3.0)
(3.0)
(3.0)
(3.0)
(2.0)
(2.0)
(13.0)
(2.0)
(50.1.2)
PLACER
Section
Number
1
2
3
4
5
6
10
11
12
15
16.
17
18
19
20
40
41
42
49
50
COUNTY REGULATIONS
Title
Title
Definitions
Standard Conditions
Enforcement
Validity
Effective Date
Permits Required
Registration Required
Exemptions from Permit
and Registration
Standards for Granting
Applications for Building Permits
Conditional Approval
Denial of Applications
Further Information
Applications Deemed Denied
Appeals
Hearing Board Fees
Analysis Fees
Technical Reports, Charges For
District-Wide Coverage
Ringelmann Chart
Page
1
1
3
3
3
4
5
5
5
6
7
8
8
8
8
9
9
9
10
10
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Revised Standard
Subject Index
(50.7)
(50.1)
(50.0)
(2.0)
(51.13)
(51.9)
(2.0)
(51.21)
(50.1.1)
(2.0)
(2.0)
(2.0)
(2.0)
(5.0)
(2.0)
(2.0)
(2.0)
(16.0)
(16.0)
(16.0)'
(2.0)
(2.0)
Section
Number
51
52
53
55
57
58
59
60
61
63
75
76
77
78
79
80
81
82
83
84 .
85
86
I
Title
Nuisance
Parti cul ate Matter
Specific Contaminants
. Exceptions
Open Burning
Incinerator Burning
Circumvention
Reduction of Animal Matter
Solid Parti cul ate
Matter - Weight
Separation and Combination
of Emissions
General
Filing Petitions
Contents of Petitions
Petitions for Variances
Appeal from Denial
Failure to Comply With Rules
Answers
Dismissal of Petition
Place of Hearing
Notice of Hearing
Evidence
Preliminary Matters
•!«
Page
10
10
10
11
11
12
13
13
13
15
16
16
16
17
18
18
18
18
18
18
18
19
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Revised Standard Section
Subject Index Number Title Page
(2.0) 87 Official Notice 19
(2.0) 88 Continuances 19
(2.0) 89 Decision 19
(2.0) 90 Effective Date of Decision 20
(3.0) 91 Lack of Permit 20
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ARTICLE 1. GENERAL PROVISIONS
(2.0) Sec. 1 TITLE. These rules and regulations shall be known as the
Rules of the Air Pollution Control District.
(1.0) Sec. 2 DEFINITIONS. Except as otherwise specifically provided in
these Rules and except where the context otherwise indicates,
words used in these Rules are used in exactly the sane sense
as the same words are used 1n Chapter 2, Division 20, or the
Health and Safety Code.
(a) Agricultural Burning. "Agricultural Burning" as used in
this section means open outdoor fires used In agricultural
operations in the growing of crops or raising of fowls or
animals, forest management or range Improvement.
(b) Atmosphere. "Atmosphere" means the air that envelops or
surrounds the earth. Where air pollutants are emitted
into a building not designed specifically as a piece of air
pollution control equipment, such emission Into the build-
ing shall be considered an emission Into the atmosphere.
(c) Board. "Board" means the Air Pollution Control Board of
the Air Pollution Control District of Placer County.
(d) Combustible Refuse. "Combustible Refuse" is any solid or
liquid combustible waste material containing carbon in a
free or combined state.
(e) Combustion Contaminants. "Combustion Contaminants" are
particulate matter discharged Into the atmosphere from the
burning of any kind of material containing carbon in a free
or combined state.
(f) Condensed Fumes. "Condensed Fumes" are minute solid particles
generated by the condensation of vapors from solid matter
after volatilization from the molten state, or may be
generated by sublimation, distillation, calcination, or
chemical reaction, when these processes create air-borne
particles.
(g) Dusts. "Dusts" are minute solid particles released into the
air by natural forces or by mechanical processes such as
crushing, grinding, milling, drilling, demolishing, shoveling,
conveying, covering, bagging, sweeping, etc.
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(h) Foothill Area: All that area in Placer County bounded on
the west by the Valley Area and on the east by the eastern
boundary lines of T15N R9E, T14N R9E, and T13N R9E.
(i) Mountain Area: All that area of Placer County bounded on
the west by the Foothill Area and on the east by the western
boundary line of T17N R15E, the southerly boundary lines
of Sec. 32, T17N RISE, the southerly boundary lines of Sec.
33, and 34, the western boundaries of Sec. 3, 10, 15, 22,
27, and 34, of T15N RISE, and the western boundary lines
of Sec. 3, 10, 15, 22, and 27 of T14N RISE.
(j) Multiple-Chamber Incinerator. "Multiple-Chamber Incinerator"
is any article, machine, equipment, contrivance, structure,
or part of a structure, used to dispose of combustible
refuse by Burning, consisting of three (3) or more refractory
lined combustion furnaces in series, physically separated
by refractory walls, interconnected by gas passage ports
or ducts and employing adequate design parameters necessary
for maximum combustion of the material to be burned. The
refractories shall have a Pyrometrlc Cone Equivalent of at
least seventeen (17), tested according to the method
described in the American Society for Testing Materials,
Method #-24.
(k) Open Burning. "Open Burning" 1s any burning process not
involving use of a muiltipie-chamber incinerator. Open
burning does not Include fireplaces as normally used
in structures.
(.1) Open Outdoor Fire. "Open Outdoor Fire" as used in this
regulation means combustion of any combustible rubbish or
other material or any type outdoors in the open air not in
any enclosure, where the products of combustion are not
directed through an approved type incinerator. "Open out-
door fire" does not include fireplaces normally used in
structures.
(m) Particulate Matter. "Partlculate Matter" 1s any material,
except uncombined water, which exists in a finely divided
form as a liquid or solid at standard conditions.
(n) Person. "Person" means any person, firm, association,
organization, partnership, business trust, corporation,
company, contractor, supplier, installer, user or owner,
or any state or local governmental agency or public district
or any officer or employee thereof.
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(o) Process Weight Rate. Process Weight is the total weight,
including contained moisture, of all materials introduced
into any specific process which process may cause the
emission of any pollutants into the atmosphere. Solid fuels
will be considered to be part of the process weight, but
liquid and gaseous fuels and combustion air will not.
(p) Regulation. "Regulation" means one of the major sub-division
divisions of the Rules of the Air Pollution Control District
of Placer County.
(q) Residential (Two or Less Dwelling Units) Rubbish.
"Residential Rubbish" means rubbish originated from resi-
dential uses and includes wood, paper, cloth, cardboard,
tree trimmings, leaves, lawn clippings, and dry plants.
(r) Rule. "Rule" means a rule of the Air Pollution Control
District of Placer County.
(s) Section. "Section" means section of the Health and Safety
Code of the State of California unless some other statute
is specifically mentioned.
(t) Tahoe Area: All that area of Placer County east of the
Mountain Area.
(u) Valley Area: All that area in Placer County bounded on the
east by the eastern boundary lines of T14N R7E, T13N R7E,
and by northern boundary line of TUN R8E.
(v) Ventilation Index as given by U.S. Weather Bureau,
Sacramento, California:
180 or less = poor 401 - 600 = good
181 - 400 = fair 600 = very good
(2.0) Sec. 3 STANDARD CONDITIONS. Standard conditions are a gas temper-
ature of sixty degrees (60?) Fahrenheit and a gas pressure of
14.7 pounds per square inch absolute. Results of all analyses
and tests shall be calculated or reported at this gas temperature
and pressure.
(15.0) Sec. 4 .ENFORCEMENT. These Rules and Regulations shall be enforced
by the Air Pollution Control Officer under authority of Section
24224 (b), Article 2; and Sections 24260, 24262, Article 4;
and all officers empowered by Section 24221, Article 2.
(2.0) Sec. 5 VALIDITY. If any regulation, rule, subdivision, sentence,
clause or phrase of these Rules and Regulations if for any
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reason held to be unconstitutional or Invalid, such decision
shall not affect the validity of the remaining portions of these
Rules and Regulations. The A1r Pollution Control Board hereby
declares that it would have adopted these Rules and Regulations
and every regulation, rule, subdivision, sentence, clause, and
phrase thereof irrespective of the fact that any one or more
regulations, rules, subdivision, sentences, clauses, or phrases
be declared unconstitutional or Invalid.
(2.0) Sec. 6 EFFECTIVE DATE. These Rules and Regulations shall take effect
on June 30, 1971.
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ARTICLE 2. APPLICATION FOR BUILDING PERMIT
(3.0) Sec. 10 PERMITS REQUIRED.
(a) Permit to Construct: Before any Building Permit may be
Issued by the County or City for any building, other than
residential, which involves emissions Into the air, a Permit
from the Air Pollution Control District must be first
obtained. No construction or use of any building, article,
machine, equipment, etc., which may cause emission of air
contaminants shall take place without approval of the Air
Pollution Control District.
(b) Permit to Operate: Before any article, machine, equipment,
or other contrivance described in (a) above may be operated
or used, a written Permit shall be obtained from the Air
Pollution Control Officer. No Permit shall be granted
until the information required is presented to the said
Officer and such Item 1s altered, 1f necessary, to be made
to conform to the standards set forth in Section 15 and
elsewhere in these Rules.
C3.0) Sec. 11 REGISTRATION REQUIRED. Registration of all existing equipment,
contrivances, or places of business that have burning or send
emissions into the atmosphere is required by July 31, 1971.
Registration shall be made on forms provided by APCD.
(3.0) Sec. 12 EXEMPTIONS FROM PERMIT AND REGISTRATION. An authorization to
construct, permit to operate, or registration, shall not be
required for:
(a) Vehicles as defined by the Vehicle Code of the State of
California, but not including any article, machine, equip-
ment 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 of freight.
(c) Equipment utilized exclusively in connection with any
Structure, which structure is designed for and used exclu-
sively as a dwelling for not more than four (4) families.
(d) The following equipment:
(1) Comfort air conditioning or comfort ventilating systems
which are not designed to remove air contaminants
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generated by or released from specific units or
equipment.
(2) Refrigeration units except those used as, or In con-
junction with, air pollution control equipment.
(3) Piston type internal combustion engines.
(4) Water cooling towers and water cooling ponds not used
for evaporative cooling of process water or not used
for evaporative cooling of water from barometric
jets or from barometric condensers.
(5) Equipment used exclusively for steam cleaning.
(6) Presses used exclusively for extruding metals, minerals,
plastics or wood.
(7) Residential incinerators when used for burning of paper
or leaves.
(e) Space heaters.
(f) Equipment for food preparation.
(g) Steam heated by natural gas or LPG or both.
(h) Self propelled mobile construction equipment other than
pavement burners.
(3.0) Sec. 15 STANDARDS FOR GRANTING APPLICATIONS FOR BUILDING PERMITS.
(a) The Air Pollution Control Officer shall deny authorization
to construct, or permit to operate or permit to sell or
rent, except as provided in Section 16, if the applicant
does not show that every article, machine, equipment or
other contrivance, the use of which may cause the issuance
of air contaminants, or the use of which may eliminate or
reduce or control the Issuance of air contaminants, is so
designed, controlled, or equipped with such air pollution
control equipment that it may be expected to operate with-
out emitting or without causing to be emitted air
contaminants in violation of Sections 24242 or 24243,
Health and Safety Code, or of these Rules and Regulations.
(b) Before authorization to construct or a permit to operate
is granted, the Air Pollution Control Officer may require
the applicant to provide and maintain such facilities as
are necessary for sampling and testing purposes 1n order
to secure information that will disclose the nature,
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extent, quantity or degree of air contaminants discharged
Into the atmosphere from the article, machine, equipment
or other contrivance described 1n the authorization to
construct or permit to operate. In the event of such a
requirement, the Air Pollution Control Officer shall
notify the applicant in writing of the required size,
number and location of sampling holes; the size and
location of the sampling platform; the access to the
sampling platform; and the utilities for operating the
sampling and testing equipment. The platform and access
shall be constructed in accordance with the General Industry
Safety Orders of the State of California.
(c) In acting upon a Permit to Operate, 1f the A1r Pollution
Control Officer finds that the article, machine, equipment
or other contrivance has been constructed not in accordance
with the Authorization to Construct, he shall deny the
Permit to Operate. The A1r Pollution Control Officer shall
not accept any further application for Permit to Operate
the article, machine, equipment or other contrivance so
constructed until he finds that the article, machine,
equipment or other contrivance has been reconstructed in
accordance with the Authorization to Construct.
(3.0) Sec. 16 CONDITIONAL APPROVAL.
(a) The Air Pollution Control Officer may issue an authorization
to construct or a permit to operate, subject to conditions
which will bring the operation of any article, machine,
equipment or other contrivance within the standards of
Section 1$, in which case the conditions shall be specified
in writing. Commencing work under such an authorization
to construct, or operation under such a permit to operate,
shall be deemed acceptance of all the conditions so
specified. The Air Pollution Control Officer shall Issue
an authorization to construct or a permit to operate with
revised conditions upon receipt of a new application, if the
applicant demonstrates that the article, machine, equip-
ment or other contrivance can operate within the standards
of Section 15 under the revised conditions.
(b) The Air Pollution Control Officer may issue a permit to sell
or rent, subject to conditions which will bring the operation
of any article, machine, equipment or other contrivance
within the standards of Section 15, in which case the
conditions shall be specified in writing. Selling or rent-
ing under such a permit to sell or rent shall be deemed
acceptance of all the conditions so specified. The Air
Pollution Control Officer shall issue a permit to sell or
rent with revised conditions upon receipt of a new appli-
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cation, if the applicant demonstrates that the article,
machine, equipment or other contrivance can operate within
the standards of Section 15 under the revised conditions.
i
(3.0) Sec. 17 DENIAL OF APPLICATIONS. In the event of denial of authori-
zation 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
notification may be made in person or by mail, and such service
may be proved by the written acknowledgment of the persons
served. The Air Pollution Control Officer shall not accept
a further application unless the applicant has complied with
the objections specified by the Air Pollution Control Officer
as his reasons for denial of the authorization to construct, the
permit to operate or the permit to sell or rent.
(3.0) Sec. 18 FURTHER INFORMATION. Before acting on an application for
authorization to construct, or permit to operate, or permit to
sell or rent, the Air Pollution Control Officer may require
the applicant to furnish further Information or further plans
or specifications.
(3.0) Sec. 19 APPLICATIONS DEEMED DENIED. The applicant may, at his option,
deem the authorization to construct, permit to operate, or
permit to sell or rent approved if the A1r Pollution Control
Officer fails to act on the application^ within thirty (30) days
after filing, or within thirty (30) days after applicant
furnished the further information, plans and specifications
requested by the Air Pollution Control Officer, whichever 1s
later.
(3.0) Sec. 20 APPEALS. Within ten (10) days after notice by the Air
Pollution Control Officer of denial or conditional approval of
an authorization to construct, permit to operate, 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 thirty (30) days after
filing the petition, may sustain or reverse the action of the
Air Pollution Control Officer; such order may be made subject
to specified conditions.
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ARTICLE 3. FEES
(2.0) Sec. 40 HEARING BOARD FEES.
(a) Every applicant or petitioner for variance, or for the
extension, revocation or modification of a variance, or for
an appeal from a denial or conditional approval of an
authorization to construct, permit to operate, or permit
to sell or rent, except any state or local governmental
agency or public district, shall pay to the Clerk of the
Hearing Board, on filing, a fee in the sum of Fifteen
Dollars ($15.00).
(b) Any person requesting a transcript of the hearing shall pay
the cost of such transcript.
(c) This Rule shall not apply to petitions filed by the Air
Pollution Control Officer.
(2.0) Sec. 41 ANALYSIS FEES. Whenever the Air Pollution Control Officer
finds that an analysis of the emission from any source is
necessary to determine the extent and amount of pollutants
being discharged Into the atmosphere which cannot be determined
by visual observation, he may order the collection of samples
and the analysis made by qualified personnel. The time required
for collecting samples, making the analysis and preparing the
necessary reports, but excluding time required in going to and
from such premises, shall be charged against the owner or
operator of said premises in a reasonable sum to be determined
by the Air Pollution Control Officer, which said sum is not to
exceed the actual cost of such work.
(13.0) Sec. 42 TECHNICAL REPORTS, CHARGES FOR. Information, circulars,
reports of technical work and other reports prepared by the Air
Pollution Control District, when supplied to other governmental
agencies or individuals or groups requesting copies of the
same, may be charged for by the District in sum not to exceed
the cost of preparation and distribution of such documents.
All such monies collected shall be turned Into the general funds
of the said District.
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ARTICLE 4. PROHIBITIONS
(2.0) Sec. 49 DISTRICT-WIDE COVERAGE. Prohibitions, as set forth in this
Article, shall apply in all portions of the Placer County Air
Pollution Control District unless otherwise stated.
(50.1.2)Sec. 50 RINGELMANN CHART. A person shall not discharge into the
atmosphere from any single source of emission whatsoever any
air contaminants for a period or periods aggregating more than
three (3) minutes in any one (1) hour which is:
(a) As dark or darker in shade as that designated as No. 2 on
the Ringelmann chart, as published by the United States
Bureau of Mines (except in Tahoe Area, which limit 1s
Ringelmann No. 1), or
(b) Of such opacity as to obscure an observer's view to a
degree equal to or greater than does smoke described in
in Subsection (a) of this Section.
(50.7) Sec. 51 NUISANCE. A person shall not discharge from any source
whatsoever such quantities of air contaminants or other
material which cause injury, detriment, nuisance or annoyance
to any considerable number or 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 of property.
Note: Pursuant to Section 24241 of Chapter 2, Division 20 of
the State Health and Safety Code, Section 50 and 51 are
effective as of March 3, 1970.
(50.1) Sec. 52 PARTICULATE MATTER. Except as otherwise provided in Sections
53 and 55, a person shall not discharge into the atmosphere,
from any source, particulate matter in excess of 0.3 grain per
cubic foot of gas at standard conditions.
(50.0) Sec. 53 SPECIFIC CONTAMINANTS. A person shall not discharge into
the atmosphere from any single source of emission whatsoever
any one or more of the following contaminants, in arty state or
combination thereof, exceeding in concentration at the point'
of discharge:
(a) Sulphur Compounds calculated as sulphur dioxide (S02) 0.2
per cent, by volume.
(b) Combustion Contaminants: 0.3 grain per cubic foot of gas
calculated to twelve per cent (12%) of carbon dioxide
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!!*^^
at standard conditions. In measuring the combustion
contaminants from incinerators used to dispose of com-
bustible refuse by burning, the carbon dioxide (C02)
produced by combustion of any liquid or gaseous fuels shall
be excluded from the calculation to twelve per cent (12%)
of carbon dioxide
(2.0) Sec. 55 EXCEPTIONS. The provisions of Section 50 do not apply to:
(a) Smoke from fires set by, or permitted by, any public officer
if such fire is set, or permission given, in the performance
of the official duty of such officer, and such fire, in
the opinion of such officer, is necessary:
(1) For the purpose of the prevention of a fire hazard
which cannot be abated by any other means, or
(2) The instruction of public employees in the methods
of fighting fire.
(b) Smoke from fires set pursuant to permit on property used
for industrial purposes for the purpose of instruction of
employees in methods of fighting fire.
(c) The use of an orchard or citrus grove heater which does not
produce unconsumed solid carbonaceous matter at a rate in
excess of one (1) gram per minute.
(d) The use of other equipment in agricultural operations in
the growing of crops, or raising of fowls or animals.
(e) Smoke from fires as provided for in Section 57.
(f) Emission which results from equipment breakdown. The
person responsible for such emission shall, with all
practicable speed, initiate and complete appropriate
action to correct the condition causing such emissions
and reduce the frequency of occurrence of such condition.
He shall report such breakdown to the Control Officer
within twenty-four (24) hours of such occurrence.
(g) Smoke or fumes' which result from acts of God.
(51.13) Sec. 57 OPEN BURNING.
(a) At all commercial, industrial, institutional, and govern-
mental agency operations, and at multiple residential
buildings or three or more dwelling units, open burning
is prohibited.
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(b) As to open burning not banned by (a) above, the following
regulations shall apply:
(1) Valley, Foothill, Mountain, and Tahoe Area
Open burning Is prohibited on days when the Air
Resources Board of the State determines that atmos-
pheric conditions are not suitable for the dispersion
of air contaminants ("No Burn Day"). In such event,
warning shall be issued over local radio by the Air
Pollution Control District. This Subsection shall
not apply to safety flares, fires for cooking of food
for human consumption, nor fires for recreational
purposes, nor to backfires or other fire control
methods used for the purpose of controlling an exist-
ing wild-fire.
(a) This Subsection shall not apply to burning per-
mitted under Section 55(a).
(b) Agricultural burning is permitted, but only on
days when the Air Resources Board of the State
determines that the atmospheric conditions are
suitable for the dispersion of air contaminants
("Burn Day").
All Areas; Orchard heaters are permitted if they do
not emit unconsumed solid carbonaceous matter of more
than one (1) gram per minute.
Note: Sale of such heaters was barred January 1, 1971,
and use will not be permitted by State Law
after January 1, 1975.
(51.9) Sec. 58 INCINERATOR BURNING.
(a) Except for the burning of residential rubbish which meets
the requirements of Section 57, a person shall not burn any
combustible refuse within the boundaries of the Placer
County Air Pollution Control. District, except in a
multiple-chamber incinerator as described in Section 2 (j)
of in equipment found by the Air Pollution Control Officer
to be equally effective for the purpose of air pollution
control.
(b) Additional Prohibitions. The following items are banned
from being burned at any time within the Placer County Air
Pollution Control District unless the burning is performed
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in equipment meeting the requirements of Section 58:
(1) Burning of tires.
(2) Rubber products.
(3) Car bodies or parts.
(4) Demolition material.
(2.0) Sec. 59 CIRCUMVENTION. A person shall not build, erect, install,
or use any article, machine, equipment or other contrivance, the
use of which, without resulting in a reduction in the total
release of air contaminants to the atmosphere, reduces or
conceals an emission which would otherwise constitute a violation
of Division 20, Chapter 2, of the Health and Safety Code of the
State of California or of these Rules and Regulations. This
Section shall not apply to cases 1n which the only violation
involved is of Section 24243 of the Health and Safety Code of
the State of California.
(51.21) Sec. 60 REDUCTION OF ANIMAL 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 contrivance are:
(a) Incinerated at temperatures of not less than twelve hundred
degrees Fahrenheit (1200°F) for a period of not less than
0.3 second, or
(b) Processed in such a manner determined by the Air Pollution
Control Officer to be equally, or more, effective for the
purpose of air pollution control than (a) above.
A person incinerating or processing gases, vapors or gas-entrained
effluents pursuant to this rule shall provide, properly install
and maintain in calibration, in good working order, and in
operation, devices as specified in the Authorization to Construct
or Permit to Operate, or as specified by the Air Pollution Control
Officer, for indicating temperature, pressure or other operating
conditions.
For the purpose of this Section, "reduction" is defined as any
article, machine, equipment or other contrivance used exclusively
for the processing of food for human consumption.
(50.1.1)Sec. 61 SOLID PARTICULATE MATTER-WEIGHT. A person shall not discharge
into the atmosphere, from any source, solid particulate matter
at a rate in excess of that shown in Table I below for the process
weight rate for the source.
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Where the Process weight rate falls between figures listed
in.Table 1, the onset rate of allowable discharge shall be
determined by linear interpolation. For the purposes of this
section, solid parti oil ate matter includes any material which
would become solid particulate matter if cooled to standard
conditions.
TABLE I
MAXIMUM ALLOWABLE EMISSION RATE
BASED ON PROCESS WEIGHT RATE
Process Weight
Rate
Lb/Hr Tons/Hr
Maximum Allowable
Solid Particulate
Emission Rate*
Lb/Hr
Process Weight Maximum Allowable
Rate Solid Particulate
Emission Rate
Lb/Hr Tons/Hr
Lb/Hr
100
200
400
600
800
1,000
1,500
2,000
2,500
3,000
3,500
4,000
5,000
6,000
7,000
8,000
9,000
10,000
12,000
0.05
0.10
0.20
0.30
0.40
0.50
0.75
1.00
1.25
1.50
1.75
2.00
2.50
3.00
3.50
4.00
4.50
5.00
6.00
0.551
0.877
1.40
1.83
2.22
2.58
3.38
4.10
4.76
5.38
5.96
6.52
7.58
8.56
9.49
10.40
11.20
12.00
13.60
16,000
18,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
120,000
140,000
160,000
200,000
1,000,000
2,000,000
6,000,000
8.00
9.00
10.00
15.00
20.00
25.00
30.00
35.00
40.00
45.00
50.00
60.00
70.00
80.00
100.00
500.00
1,000.00
3,000.00
16.5
17.9
19.2
25.2
30.5
35.4
40.0
41.3
42.5
43.6
44.6
46.3
47.8
49.0
51.2
69.0
77.6
92.7
* Sum of emissions from all emission points of process.
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(2.0) Sec. 63 SEPARATION AND COMBINATION OF EMISSIONS.
(a) If air contaminants from a single source operation are
emitted through two or more emission points, the total
emitted quantity of any air contaminant limited in these
Rules and Regulations cannot exceed the quantity which
would be the allowable emission through a single emission
point; and the total emitted quantity of any such air
contaminant shall be taken as the product of the highest
concentration measured in any of the emission points and
the combined exhaust gas volume through all emission points,
unless the person responsible for the source operation
establishes, to the satisfaction of the Air Pollution
Control Officer, the correct total emitted quantity.
(b) If air contaminants from two or more source operations
are combined prior to emission, and there are adequate
and reliable means reasonably susceptible to confirmation
and use by the control officer for establishing a separation
of the components of the combined emission to indicate the
nature, extent, quantity and degree or emission arising
from each source operation, these Rules and Regulations
shall apply to each such source operation separately.
(c) If air contaminants from two or more source operations are
combined prior to emission, and the combined emission cannot
be separated according to the requirements of Rule 62(b),
these Rules and Regulations shall be applied to the
combined emission as if it originated in a single source
operation subject to tha most stringent limitations and
requirements placed by these Rules and Regulations on any
of the source operations whose air contaminants are so
combined.
Source operation, for the purpose of this Section , means the
last operation preceding the emission of an air contaminant,
which operation (a) results in the separation of the air
contaminant from the process materials or in the conversion of
the process materials into air contaminants, as in the case
of combustion of fuel; and (b) is not an air pollution
abatement operation.
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ill hi i. HI uk u Will
ARTICLE 5. PROCEDURE BEFORE THE HEARING BOARD
(2.0) Sec. 75 GENERAL. This regulation shall apply to all hearings before
the Hearing Board of the Air Pollution Control District.
(2.0) Sec. 76 FILING PETITIONS. Requests for hearing shall be initiated
by the filing of a petition in triplicate with the Clerk of the
Hearing Board, and the payment of the fee of Fifteen Dollars
($15.00) provided for in Section 40 of these Rules and Regula-
tions , after service of a copy of the petition has been made
on the Air Pollution Control Officer, and one copy on the holder
of the permit or variance, if any, involved. Service may be
made in person or by mail, and service may be proved by v/ritten
acknowledgment of the person served.
(2.0) Sec. 77 CONTENTS OF PETITIONS. Every petition shall state:
(a) The name, address and telephone number of the petitioner,
or other person authorized to receive service of notices;
(b) Whether the petitioner is an individual, co-partnership,
corporation or other entity; names and addresses of the
partners if a co-partnership; names and addresses of
the officer if a corporation; and the names and addresses
of the persons in control, if other entity;
(c) The type of business or.activity involved in the appli-
cation, and the street address at which it is conducted;
(d) A brief description of the article, machine, equipment or
other contrivance, if any, involved in the application;
(e) The section or rule under which the petition is filed;
that is, whether petitioner desires a hearing:
(1) To determine whether a permit shall be revoked or
suspended permit reinstated under Section 24274, Health
and Safety Code of the State of California;
(2) For a variance under Section 24292, Health and Safety
Code;
(3) To revoke or modify a variance under Section 24298,
Health and Safety Code;
(4) To review the denial or conditional granting of an
authorization to construct, permit to operate, or
permit to sell or rent under Sections 15 and 16 of
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these Rules and Regulations.
(f) Each petition shall be signed by the petitioner, or by some
person on his behalf; and where the person signing is not
the petitioner, it shall set forth his authority to sign.
(g) Petitions for revocation.of permits shall allege, in add-
ition, the section under which permit was granted and the
rule or section which is alleged to have been violated,
together with a brief statement of the facts constituting
such alleged violation.
(h) Petitions for reinstatement of suspended permits shall
allege, in addition, the section under which the permit was
granted; the request and alleged refusal which formed
the basis for such suspension, together with a brief
statement as to why information requested, if any, was not
furnished; and 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
letter size paper, on one side of the paper only, leaving
a margin of at least one inch at the top and left side of
each sheet.
(5.0) Sec. 78 PETITIONS FOR VARIANCES. In addition to the matters required
by Section 77, petitions for variances shall state briefly:
(a) The section, rule or order complained of.
(b) The facts showing why compliance with the section, rule, or
order is unreasonable.
(c) For what period of time the variance is sought and why.
(d) The damage or harm resulting or which would result to
petitioner from a compliance with such section, rule or
order.
(e) The requirements which petitioner can meet and the date
when petitioner can comply with such requirements.
(f) The advantages and disadvantages to the residents of the
district resulting from requiring compliance or resulting
from granting a variance.
(g) Whether or not operations under such variance, if granted,
would constitute a nuisance.
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(h) Whether or not any case involving the same Identical
equipment or process fs pending in any court, civil or
criminal.
(i) Whether or not the subject equipment or process is covered
by a permit to operate issued by the Air Pollution Control
Officer.
(2.0) Sec. 79 APPEAL FROM DENIAL. A petition to review a denial or con-
ditional approval of an authorization to construct, permit to
operate, or permit to sell or rent shall, in addition to the
matters required by Section 77, set forth a summary of the
application, or a copy therof; the alleged reasons for the
denial or conditional approval; and the reasons for appeal.
(2.0) Sec. 80 FAILURE TO COMPLY WITH RULES. The Clerk of the Hearing Board
shall not accept for filing any petition which does not comply
with these Sections relating to the form, filing and service of
petitions unless the Chairman or any two members of the Hearing
Board direct otherwise and confirm such direction in writing.
Such direction need not be made at a meeting of the Hearing
Board. The Chairman or any two members, without a meeting,
may require the petitioner to state further facts or reframe a
petition so as to disclose clearly the Issued involved.
(2.0) Sec. 81 ANSWERS. Any person may file an answer within ten (10) days
after service. All answers shall be served the same as petitions
under Section 76.
(16.0) Sec. 82 DISMISSAL OF PETITION. The petitioner may dismiss his
petition at any time before submission of the case to the Hearing
Board, without a hearing or meeting of the Hearing Board. The
Clerk of the Hearing Board shall notify all interested persons
of such dismissal.
(16.0) Sec. 83 PLACE OF HEARING. All hearings shall be held at Auburn, the
County seat, unless some other place is designated by the
Hearing Board.
(16.0) Sec. 84 NOTICE OF HEARING. The Clerk of the Hearing Board shall mail
or deliver a notice of hearing to the petitioner, the Air
Pollution Control Officer, the holder of the permit or variance
involved, if any, and to any person entitled to notice under
Sections 24275, 24295, or 24299, Health and Safety Code.
(2.0) Sec. 85 EVIDENCE.
(a) Oral evidence shall be taken only on oath or affirmation.
(b) Each party shall have these rights: to call and examine
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witnesses; to introduce exhibits; to cross-examine
opposing witnesses on any matter relevant to the issues
even though that matter was not covered in the direct
examination; to Impeach any witness regardless of which
party first called him to testify; and to rebut the
evidence against him. If respondent does not testify in
his own behalf, he may be called and examined as if under
cross-examination.
(c) The hearing need not be conducted according to technical
rules relating to evidence and witnesses. Any relevant
evidence shall be admitted if it is the sort of evidence
on which responsible persons are accustomed to rely in
the conduct of serious affairs, regardless of the existence
of any common law or statutory rule which might make improper
the admission of such evidence over objection in civil
actions. Hearsay evidence may be used for the purpose of
supplementing of 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 effective to the same
extent that they are now, or hereafter may be, recognized
in civil actions, and irrelevant and unduly repetitious
evidence shall be excluded.
(2.0) Sec. 86 PRELIMINARY MATTERS. Preliminary matters such as setting a
date for hearing, granting continuances, approving petitions
for filing, allowing amendments, and other preliminary rulings
not determinative of the merits of the case, may be made by
the Chairman or any two members of the Hearing Board without
a hearing or meeting of the Hearing Board and without notice.
(2.0) Sec. 87 OFFICIAL NOTICE. The Hearing Board may take official notice
of any matter which may be judicially noticed by the courts of
this State.
(2.0) Sec. 88 CONTINUANCES. The Chairman or any two members of the Hearing
Board shall grant any continuance of fifteen (15) days or less
concurred in by petitioner, the Air Pollution Control Officer
and by every person who has filed an answer in the action, and
may grant any reasonable continuance; in either case such
action may be ex parte, without a meeting of the Hearing Board
and without prior notice.
(2.0) Sec. 89 DECISION. The decision shall be in writing, served and filed
within fifteen (15) days after submission of the cause by the
parties thereto, and shall contain a brief statement of facts
found to be true, the determination of the issues presented and
the order of the Hearing Board. A copy shall be mailed or
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delivered to the Air Pollution Control Officer, the petitioner
and to every person who has ftled an answer or who has appeared
as a party in person or by counsel at the hearing.
(2.0) Sec. 90 EFFECTIVE DATE OF DECISION. The decision shall become
effective fifteen (15) days after delivering or mailing a copy
of the decision as provided in Section 89, or the Hearing
Board may order that the decision shall become effective sooner.
(3.0) Sec. 91 LACK OF PERMIT. The Hearing Board shall not receive or
accept a petition for a variance for the operation or use of
any article, machine, equipment or other contrivance until a
permit to operate has been granted or denied by the A1r Pollution
Control Officer; except that an appeal from a denial of a permit
to operate and a petition for a var1ance-may.be filed with the
Hearing Board in a single petition. A variance granted by the
Hearing Board, after a denial of a permit to operate and a
petition for variance, may be filed with the Hearing Board in
a single petition. A variance granted by the Hearing Board,
after a denial of a permit to operate by the Air Pollution
Control Officer, may include a permit to operate for the duration
of the variance.
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