U.S. DEPARTMENT OF COMMERCE National Technical Information Service PB-296 684 Air Pollution Regulations in State Implementation Plans California, Plumas County Abcor, Inc, Wilmington, MA Walden Div Prepared for Environmental Protection Agency, Research Triangle Park, NC Control Programs Development Div Aug 78 ------- United States Environmental Protection Agency Office of Air Quality Planning and Standards Research Triangle Park NC 27711 August 1978 Air Air Pollution Regulations in State Implementation Plans: California ^,, * - REPRODUCED BY ' ' NATIONAL TECHNICAL INFORMATION SERVICE U.S. DEPARTMENT OF COMMERCE . SPRINGFIELD. VA. 22161 ------- TECHNICAL REPORT DATA (Please read Inunctions on the revene before completing) EPA-450/3-W-C54-2* 2. 4,. TITLE .AND SUBTITLE Air Pollution Regulations 1n State Implementation i Plans: California Plumas County 3. RECIPIENT'S ACCESSIO B. REPORT DATE August 1978' 8. PERFORMING ORGANIZATION CODE . AUTHOR(S) '8. PERFORMING ORGANIZATION REPORT NO. 9. PERFORMING ORGANIZATION NAME AND ADDRESS Walden Division of Abcor, Inc. Wilmington, Mass. 10. PROGRAM ELEMENT NO. 11. CONTRACT7GRANT NO. 68-02-2890 12. SPONSORING AGENCY NAME AND ADDRESS 13. TYPE OF REPORT AND PERIOD COVERED Control Programs Development Division Office of Air Quality Planning and Standards Office of Air, Noise, and Radiation Research Triangle Park. NC 27711 14. SPONSORING AGENCY CODE 15. SUPPLEMENTARY NOTES EPA Project Officer: Bob Schell, Control Programs Development Division 16. ABSTRACT This document has been produced in compliance with Section 110(h)(l) of the Clean Air Act amendments of 1977. The Federally enforceable regulations contained in the State Implementation Plans (SIPs) have been compiled for all 56 States and territories (with the exception of the Northern Mariana Islands). They consist of both the Federally approved State and/or local air quality regulations as Indicated in the Federal Register and the Federally promulgated regulations for the State, as indicated in the Federal Register. Regulations which fall into one of the above categories as of January 1, 1978, have been incorporated. As mandated by Congress, this document will be updated annually. State and/or local air quality regulations which have not been Federally approved as of January 1, 1978, are not included here; omission of these regulations from this document in no way affects the ability of the respective Federal, State, or local agencies to enforce such regulations. 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 (ThisReport) Unclassified 21. 20. SECURITY CLASS (Thispage) Unclassified L- EPA Form 2220-1 (9-73) ------- 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 ------- 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-450/3-78-054-27 ii ------- INTRODUCTION This document has been produced in compliance with Section 110(h)(l) of the Clean Air Act Amendments of 1977. The Federally enforceable regulations contained in the State Implementation Plans (SIPs) have been compiled for all 56 States and territories (with the exception of the Northern Mariana Islands). They consist of both the Federally approved State and/or local air quality regulations as indicated in the Federal Register and the Federally promulgated regulations for the State, as indicated in the Federal Register. Regulations which fall into one of the above categories as of January 1, 1978, have been incorporated. As mandated by Congress, this document will be updated annually. State and/or local air quality regulations which have not been Federally approved as of January 1, 1978, are not included here; omission of these regulations from this document in no way affects the ability of the respective Federal, State, or local agencies to enforce such regulations. There have been recent changes in the Federal enforceability of parking management regulations and indirect source regulations. The October, 1977, appropriation bill for EPA prohibited Federal enforcement of parking management regulations in the absence of specific Federal authorizing legislation. Federally promulgated parking management regulations have, therefore, been suspended indefinitely. Pursuant to the 1977 Clean Air Act Amendments, indirect source regulations may not be required for the approval of a given SIP. Consequently, any State adopted indirect source regulations may be suspended or revoked; State adopted indirect source regulations contained in an applicable SIP are Federally enforceable. More importantly, EPA may only promulgate indirect source review regulations which are specific to Federally funded, operated,-or owned facilities or projects. Therefore, the Federally promulgated indirect source, regulations appearing in this document are not enforceable by EPA except as they relate to Federal facilities. Since State air quality regulations vary widely in their organization, content, and language, a standardized subject index is utilized in this document. Index listings consist of both contaminant and activity oriented categories to facilitate usage. For example, for regulations which apply to copper smelters, one might look under sulfur compounds (50.2), particu- 1ate 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 iii ------- to the SIP and the date of the Federal Register in which the reyision was either approved or disapproved by EPA"!Finally, a brief description or reference of the regulation which was submitted is also included. This document is not intended to provide a tool for determining the enforceability of any given regulation. As stated above, it is intended to provide a comprehensive compilation of those regulations which are incorporated directly or by reference into Title 40, Part 52, of the Code of Federal Regulations. Consequently, the exclusion of a Federally approved regulation from this document does not diminish the enforceability of the regulation. Similarly, the inclusion of a given regulation (for example, regulations governing pollutants, such as odors, for which there is no national ambient air quality standards) in this document does not, in itself, render the regulation enforceable. 1v ------- SUMMARY SHEET OF EPA-APPROVED REGULATION CHANGES PLUMAS COUNTY APCD Submlttal Date Approval Date Description 6/30/72 9/22/72 All Regulations approved unless otherwise specified. ------- DOCUMENTATION OF CURRENT ERA-APPROVED STATE AIR POLLUTION REGULATIONS REVISED STANDARD SUBJECT INDEX 1.0 DEFINITIONS 2.0 GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES 3.0 REGISTRATION CERTIFICATES, OPERATING PERMITS AND APPLICATIONS 4.0 AIR QUALITY STANDARDS (PRIMARY AND SECONDARY) 4.1 PARTICULATES 4.2 SULFUR DIOXIDE 4.3 NITRIC OXIDES 4.4 HYDROCARBONS 4.5 CARBON MONOXIDE 4.6 OXIDANTS 4.7 OTHERS 5.0 VARIANCES 6.0 COMPLIANCE SCHEDULES 7.0 EQUIPMENT MALFUNCTION AND MAINTENANCE 8.0 EMERGENCY EPISODES 9.0 AIR QUALITY SURVEILLANCE AND SOURCE TESTING 10.0 NEW SOURCE PERFORMANCE STANDARDS 11.0 NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS 12.0 MOTOR VEHICLE EMISSIONS AND CONTROLS 13.0 RECORD KEEPING AND REPORTING 14.0 PUBLIC AVAILABILITY OF DATA 15.0 LEGAL AUTHORITY AND ENFORCEMENT 16.0 HEARINGS, COMPLAINTS. AND INVESTIGATIONS 17.0 PREVENTION OF SIGNIFICANT DETERIORATION 18.0 AIR QUALITY MAINTENANCE AREA 19.0 - 49.0 RESERVED FOR FUTURE EXPANSION OF COMMON INDEX 50.0 POLLUTANT - SPECIFIC REGULATIONS 50.1 PARTICULATES 50.1.1 PROCESS WEIGHT 50.1.2 VISIBLE EMISSIONS 50.1.3 GENERAL ------- 50.2 SULFUR COMPOUNDS 50.3 NITRIC OXIDES 50.4 HYDROCARBONS 50.5 CARBON MONOXIDE 50.6 ODOROUS POLLUTANTS 50.7 OTHERS (Pb, Hg, etc.) 51.0 SOURCE CATEGORY SPECIFIC REGULATIONS 51.1 AGRICULTURAL PROCESSES (Includes Grain Handling, Orchard Heaters. R1ce and Soybean Facilities, Related Topics) 51.2 COAL OPERATIONS (Includes Cleaning, Preparation, Coal Refuse Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics) 51.3 CONSTRUCTION (Includes Cement Plants. Materials Handling, Topics Related to Construction Industry) 51.4 FERROUS FOUNDRIES (Includes Blast Furnaces, Related Topics) 51.5 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Participates (Includes Fuel Content and Other Related Topics) 51.6 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (Includes Fuel Content and Other Related Topics) 51.7 FUEL BURNING EQUIPMENT (oil, natural gas. coal) - N02 (Includes Fuel Content and Other Related Topics; 51.8 HOT MIX ASPHALT PLANTS 51.9 INCINERATION 51.10 NITRIC ACID PLANTS 51.11 NON-FERROUS SMELTERS (Zn, Cu, etc.) - Sulfur Dioxide 51.12 NUCLEAR ENERGY FACILITIES (Includes Related Topic) 51.13 OPEN BURNING (Includes Forest Management, Forest F1re, F1re Fighting Practice, Agricultural Burning and Related Topics) 51.14 PAPER PULP; WOOD PULP AND KRAFT MILLS (Includes Related Topics) 51.15 PETROLEUM REFINERIES 51.16 PETROLEUM STORAGE (Includes Loading, Unloading, Handling and Related Topics) 51.17 SECONDARY METAL OPERATIONS (Includes Aluminum. Steel and Related Topics) 51.18 SULFURIC ACID PLANTS 51.19 SULFURIC RECOVERY OPERATIONS 51.20 WOOD WASTE BURNERS 51.21 MISCELLANEOUS TOPICS V11 ------- TABLE OF CONTENTS Revised Standard Subject Index (2.0) (1.0) (15.0) (15.0) (3.0) (2.0) (2.0) (3.0) (3.0) (3.0) (3.0) (9.0) (3.0) (3.0) (3.0) (3.0) PLUMAS COUNTY Rule Number 1 2 3 4 10 11 12 13 14 17 18 19 20 21 22 23 REGULATIONS Title Page Number Title Definitions Penalties for Violations Civil Penalties Permits Required Exemptions Transfer Time to Obtain Permit to Operate Applications Cancellation of Applications Action on Applications Provisions of Sampling and Testing Facilities Standards for Granting Applications Conditional Approval Denial of Applications Further Information 1 1 4 5 5 7 12 12 13 13 13 13 13 14 15 15 viii ------- Revised Standard Subject Index Rule Number Title Page Number (3.0) 24 Applications Deemed 15 Denied (3.0) (16.0) 25 Appeals 15 (3.0) 40 Permit Fees 16 (16.0) 42 Hearing Board Fees 16 (13.0) 44 Technical Reports, 17 Charges For (50.1.2) 50 Visual Emission Standard 17 (2.0) 51 Prohibited Emissions 17 (2.0) 51.5 Separation of Emissions 17 (2.0) 51.6 Combination of Emissions 18 (12.0) 51.7 Emission Control For Used 18 Motor Vehicles (50.1.1) 52 Particulate Matter 18 (51.13) 53 Open Fires 20 (51.9) 54 Incinerator Burning 20 (2.0) 55 Exceptions 20 (50.2) 56 Sulfur Oxide Emissions 21 (50.2) 57 Sulfide Emission Standard 22 (50.4 57.5 Organic Solvents 23 (51.21) 58 Reduction of Animal Matter 26 (7.0) 59 Report of Breakdown 26 (2.0) 60 Circumvention 27 (2.0) 62 Review of Standards 27 1x ------- Revised Standard Subject Index Rule Number Title Page Number (16.0) 70 Appeals From Hearing 27 Board (2.0) 75 General 27 (2.0) 76 Filing Petitions 27 (2.0) 77 Contents of Petitions 28 (5.0) 78 Petitions For Variance 29 (2.0) 79 Appeal From Denial 30 (2.0) 80 Failure to Comply With 30 Rules (2.0) 82 Answers 30 (2.0) 83 Dismissal of Petition 30 (16.0) 84 Place of Hearing 30 (16.0) 85 Notice of Hearing 30 (2.0) 86 Evidence 30 (2.0) 87 Preliminary Matters 31 (2.0) 88 Official Notice 31 (2.0) 89 Continuances 31 (2.0) 90 Decision 31 (2.0) 91 Effective Date of 32 Decision (3.0) 95 Lack of Permit 32 ------- RULES AND REGULATIONS OF THE PLUMAS COUNTY AIR POLLUTION CONTROL DISTRICT REGULATION I - GENERAL PROVISIONS (2.0) RULE 1 - TITLE Pursuant to the provisions of Chapter 2, Division 20, of the Health and Safety Code of the State of California, the Air Pollution Control Board of the Plumas County Air Pollution Control District does hereby enact the following rules and regulations to be known as the Rules and Regulations of the Plumas County Air Pollution Control District. (1.0) RULE 2 - DEFINITIONS Except as otherwise specifically provided in these Rules and Regulations, and except where the context indicates otherwise, words used in these Rules and Regulations are used in exactly the same sense as the same words are used in Chapter 2, Division 20, of the Health and Safety Code. (a) AGRICULTURAL OPERATION. "Agricultural operation" means the growing and harvesting of crops, Including timber, or the rais- ing of fowls, animals or bees as a gainful occupation. (b) AIR CONTAMINANT. "Air contaminant" includes smoke, dust, char- red paper, soot, grime, carbon, noxious acids, fumes, gases, odors, or parti oil ate matter, or any combination thereof. (c) AIR POLLUTION. "Air pollution" means the presence in the out- door atmosphere of one or more air contaminants in quantities, characteristics, or duration such that they are or tend to be injurious to human, plant or animal life or to property, or which unreasonably interfere with the enjoyment of life or property. (d) AIR POLLUTION ABATEMENT OPERATION. "Air pollution abatement operation" means any operation which has as its essential pur- pose a significant reduction in (a) the emission of air con- taminants or (b) the effect of such emission. (e) ALTERATION. "Alteration" means any addition to or enlargement or replacement of, or any major modification or change of the design, capacity, process or arrangement, or any increase in the connected loading of, equipment or control apparatus which will significantly increase or adversely affect the kind or amount of air contaminant emitted. -1- ------- (f) ATMOSPHERE. "Atmosphere" means the air that envelops or surrounds the earth. (g) BOARD. "Board" means the A1r Pollution Control Board of the Air Pollution Control District of Plumas County. (h) COMBUSTIBLE WASTE. "Combustible waste" is any solid or liquid combustible waste material containing carbon in a free or com- bined state. (i) COMBUSTION CONTAMINANTS. "Combustion contaminants" are par- ticulate matter discharged into the atmosphere from the burning of any kind of material containing carbon in a free or combined state. (j) CONTROL OFFICER. "Control Officer" means the Air Pollution Control Officer of the Air Pollution Control District of Plumas County. (k) 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. (1) EMISSION. "Emission" means the act of passing into the atmos- phere an air contaminant or gas stream which contains an air contaminant, or the air contaminant so passed into the atmos- phere. (m) EMISSION POINT. "Emission point" means the place, located in horizontal plane and vertical elevation, at which an emission enters the atmosphere. (n) EXCESS AIR. "Excess air" means the quantity of air required for complete combustion. (o) HEARING BOARD. "Hearing Board" means the Hearing Board of the Air Pollution Control District of Plumas County. (p) INCINERATION. "Incineration" means an operation in which com- bustion is carried on for the principal purpose, or with the principal result, of oxidizing a waste material to reduce its bulk or facilitate its disposal. (q) INSTALLATION. "Installation" means the placement, assemblage or construction of equipment or control apparatus at the prem- ises where the equipment or control apparatus will be used, and includes all preparatory work at such premises. -2- ------- (r) MULTIPLE CHAMBER INCINERATOR. "Multiple chamber incinerator" means any incinerator consisting of three or more refractory- lined combustion chambers 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. (s) OPEN OUTDOOR FIRE. "Open outdoor fire" means the burning of materials of any type outdoors in the open where the products of combustion are not directed through an acceptable duct or passage for air, gases or the like, such as a stack or chimney. (t) OPERATION. "Operation" means any physical action resulting in a change in the location, form or physical properties of a material, or any chemical action resulting in a change in the chemical composition or the chemical or physical properties of a material. (u) OVERFIRE AIR. "Overfire air" means are introduced into a tepee burner or other type incineration device after the pri- mary combustion has occurred. (v) OWNER. "Owner" includes but is not limited to any person who leases, supervises or operates equipment. (w) PARTICULATE MATTER. "Particulate matter" means discrete particles of liquid, other than water, or a solid, as distin- guished from a gas or vapor. (x) PERSON OR PERSONS. "Person or persons" means an individual, public or private corporation, political subdivision, agency, board, department or bureau of the state, municipality, part- nership, firm, association, trust or estate, or any other legal entity whatsoever which 1s recognized in law as the sub- ject of rights and duties. (y) PROCESS WEIGHT PER HOUR. "Process weight" is the total weight including contained moisture, of all materials introduced in- to any specific process which process may cause any discharge into the atmosphere. Solid fuels charged will be considered as part of the process weight, but liquid and gaseous fuels and combustion air will not. The "process weight per hour" will be derived by dividing the total process weight by the number of hours in one complete operation from the beginning of any given process to the completion thereof, excluding any time during which the equipment 1s idle. (z) PPM. "PPM" means parts per million by volume (v/v) expressed on a dry gas basis. -3- ------- (aa) REGULATION. "Regulation" means one of the major subdivisions of the Rules of the Air Pollution Control District of Plumas County. (bb) RULE. "Rule" means a rule of the Air Pollution Control Dis- trict of Plumas County. (cc) SECTION. "Section" means section of the Health and Safety Code of the State of California unless some other statute is specifically mentioned. (dd) STANDARD CONDITION. "Standard condition" as used in these regulations, refers to a gas temperature of 60 degrees Fahren- heit and a gas pressure of 14.7 pounds per square inch abso- lute. Results of all analyses and tests shall be calculated or reported at this gas temperature and pressure. (ee) STANDARD CUBIC FOOT OF GAS. "Standard cubic foot of gas" means that amount of the gas which would occupy a cube having dimensions of one foot on each side, if the gas were free of water vapor and at a pressure of 14.7 P.S.I.A. and a tempera- ture of 60 degrees F. (ff) TEPEE BURNER. "Tepee burner" means a burner of wood wastes, consisting of a single burning chamber having the general features of a truncated cone, and generally used in conjunc- tion with sawmills, lumber mills and similar activities. (gg) TOTAL REDUCED SULFUR (TRS). "TRS" means total reduced sulfur contained in hydrogen sulfide, mercaptans, dimethyl sulfide, dimethyl disulfide, or other organic sulfide compounds, all expressed as hydrogen sulfide. Sulfide dioxide, sulfur tri- oxide, or sulfuric acid mist are not to be Included in the determination of TRS. (hh) UNDERFIRE AIR. "Underfire air" means air introduced into a tepee burner or other type incineration device beneath the fuel pile or into the primary combustion chamber. (ii) CONDENSED FUMES. "Condensed fumes" are particulate matter generated by the condensation of vapors evolved after vola- tilization from the molten state, or may be generated by sub- limation, distillation, calcination, or chemical reaction, when these processes create airborne particles. (15.0) RULE 3 - PENALTIES FOR VIOLATIONS Penalty actions for non-compliance with, or violation of, any rule of these rules and regulations will be instituted pursuant to the follow- ing provisions and further pursuant to the provisions of Chapter 2, -4- ------- Division 20 of the Health and Safety Code of the State of California. (a) Every person is guilty of a misdemeanor who knowingly makes any false statement in any application for a permit or in any information, analyses, plans or specifications submitted either in conjunction therewith, or at the request of the Air Pol- lution Control Officer. (Section 24277). (b) Every person is guilty of a misdemeanor who builds, erects, alters, replaces, uses, or operates any source capable of emitting air contaminants for which a permit is required by the regulations of the Air Pollution Control District which his per- mit so to do has been either suspended or revoked. (Section 24278). (c) Every person required by the regulations of the Air Pollution Control Board to obtain a permit so to do who, without first obtaining such permit builds, erects, alters, replaces, uses, or operates any source capable of emitting air contaminants, is guilty of a misdemeanor (Section 24279). (d) Every person is guilty of a misdemeanor who builds, erects, alters, or replaces, operates or uses any such article, ma- chine, equipment, or other contrivance contrary to the pro- visions of any permits issued under these rules and regula- tions. (Section 24280). (e) Every person violating any order, rule, or regulation of the Plumas County A1r Pollution Control District is guilty of a misdemeanor. Every day during any person of which such a vio- lation occurs is a separate offense. (Section 24281). (15.0) RULE 4 - CIVIL PENALTIES Pursuant to Section 24252 of the Health and Safety Code of the State of California, any violation of any order, rule or regulation pf the Plumas County Air Pollution Control Board may be enjoined in a civil action brought in the name of the people of the State of California. REGULATION II - PERMITS (3.0) RULE 10 - PERMITS REQUIRED (a) AUTHORITY TO CONSTRUCT. Before any person builds, erects, alters, replaces, operates, sells, rents or uses any article, machine equipment or other contrivance which may cause the issuance of air contaminants or the use of which may eliminate or reduce or control the Issuance of air contaminants, such -5- ------- person shall obtain a written authority to construct from the A1r Pollution Control Officer. A single authority to con- struct may be issued for all components of an intergrated sys- tem or process. An authority to construct shall remain in ef- fect until the permit to operate the equipment for which the application was filed is granted or denied or the application is cancelled. (b) PERMIT TO OPERATE. Before any article, machine, equipment or other contrivance described in Rule 10(a) (Authority to Con- struct) may be operated or used, a written permit shall be ob- tained from the Air Pollution Control Officer. No permit to operate or use shall be granted either by the A1r Pollution Control Officer or the Hearing Board for any article, machine, equipment or contrivance described 1n Rule 10(a) (Authority to Construct), constructed or Installed without authorization as required by Rule 10(a) (Authority to Construct) until the information required is presented to the Air Pollution Control Officer and such article, machine, equipment or contrivance is altered, if necessary, and made to conform to the stand- ards set forth in Rule 20 and elsewhere in these Rules and Regulations. (c) REVIEW OF PERMITS. The Air Pollution Control Officer may at any time require from an applicant for, or holder of, any authority to construct or permit to operate, such information, analyses, plans or specifications as will disclose the nature, extent, quantity or degree of air contaminants which are or may be discharged into the atmosphere. (d) POSTING OF PERMIT TO OPERATE. A person who has been granted under Rule 10(b) a permit to operate any article, machine, equipment, or other contrivance described in Rule 10(b), shall firmly affix such permit to operate, an approved facsimile, or other approved identification bearing the permit number upon the article, machine, equipment, or other contrivance in such a manner as to be clearly visible and accessible. In the event that the article, machine, equipment, or other contrivance is so constructed or operated that the permit to operate cannot be so placed, the permit to operate shall be mounted so as to be clearly visible in an accessible place within 25 feet of the article, machine, equipment, or other contrivance or maintained readily available at all times on the operating premises. (e) ALTERATION OF PERMIT. A person shall not willfully deface, alter, forge, counterfeit, or falsify any-permit issued under these Rules and Regulations. (f) CONTROL EQUIPMENT. Nothing in this rule shall be construed to authorize the Control Officer to require the use of -6- ------- machinery, devices, or equipment of a particular type or design if the required emission standard may be met by machinery, de- vice, equipment, product, or process change otherwise avail- able. (2.0) RULE 11 - EXEMPTIONS An authority to construct or a permit to operate shall not be required or; (a) Vehicles as defined by the Vehicle Code of the State of Cali- fornia 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 Regu- lations. (b) Vehicles used to transport passengers or freight. (c) Equipment utilized exclusively 1n connection with any struc- ture which 1s designed for and used exclusively as a dwelling for not more than four families. (d) The following equipment: (1) Comfort air conditioning or comfort ventilating system are not designed to remove air contaminants generated by or released from specific units or equipment. (2) Refrigeration units except those used as, or in conjunc- tion 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) Equipment used exclusively for space heating other than boilers. (8) Equipment used for hydraulic or hydrostatic testing. (9) All sheet-fed printing presses and all other printing presses using exclusively inks containing less than 10 per cent organic solvents, diluents or thinners. -7- ------- (10) Ovens used exclusively for the curing of plastics which are concurrently being vacuum held to a mold or for the softening or annealing of plastics. (11) Equipment used exclusively for the dyeing or stripping (bleaching) of textiles where no organic solvents, dilu- ents or thinners are used. (12) Equipment used exclusively to mill or grind coatings and molding compound where all materials charged are in a paste form. (13) Crucible type or pot type furnaces with a brimful capac- ity of less than 450 cubic inches of any molten metal. (14) Equipment used exclusively for the melting or applying of wax where no organic solvents, diluents or thinners are used. (15) Equipment used exclusively for bonding lining to brake shoes. (16) Lint traps used exclusively in conjunction with dry clean- ing tumblers. (17) Equipment used exclusively to compress or hold dry natural gas. (18) Tumblers used for the cleaning or debarring of metal prod- uct without abrasive blasting. (19) Shell core and shell mold manufacturing machine. (20) Molds used for the casting of metals. (21) Abrasive blast cabinet-dust filter integral combination units where the total internal volume of the blast sec- tion is 50 cubic feet or less. (22) Batch mixers of five cubic feet rated working capacity or less. (23) Equipment used exclusively for the packaging of lubricants or greases. (24) Equipment used exclusively for the manufacture of water emulsions of asphalt, greases, oils or waxes. (25) Ovens used exclusively for the curing of vinyl plastisols by the closed mold curing process. -8- ------- (26) Equipment used exclusively for conveying and storing plastic pellets. (27) Equipment used exclusively for the mixing and blending of materials at ambient temperature to make water-based ad- hesives. (28) Platen presses used for laminating. (e) The following equipment or any exhaust system or collector serv- ing exclusively such equipment: (1) Blast cleaning equipment using a suspension of abrasive in water. (2) Ovens, mixers and blenders used in bakeries where the prod- ucts 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 phy- sical analyses and bench scale laboratory equipment. (5) Equipment used for inspection of metal products. (6) Confection cookers where the products are edible and in- tended for human consumption. (7) Equipment used exclusively for forging, pressing, rolling or drawing of metals or for heating metals immediately prior to forging, pressing, rolling or drawing. (8) Die casting machines. (9) Atmosphere generators used 1n connection with metal heat treating processes. (10) Photographic process equipment by which an image is re- produced 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 using aqueous solutions for surface preparation, cleaning, stripping, etching (does not include chemical milling) or the electrolytic plating with, electrolytic -9- ------- polishing of, or the electrolytic stripping of brass, bronze, cadmium, copper, iron, lead, nickel, tin, zinc, and precious metals. (14) Equipment used for washing or drying products fabricated from metal, cloth, fabric, or glass, provided that no oil or solid fuel is burned. (15) Laundry dryers, extractors or tumblers used for fabrics cleaned only with water solutions of bleach or detergents. (16) Foundry sand mold forming equipment to which no heat is applied. (17) Ovens used exclusively for curing potting materials or castings made with epoxy resins. (18) Equipment used to liquefy or separate oxygen, nitrogen or the rare gases from the air. (19) Equipment used for compression molding and injection mold- ing of plastics. (20) Mixers for rubber or plastics where no material in powder form is added and no organic solvents, diluents or thinners are used. (21) Equipment used exclusively to grind, blend or package tea, cocoa, spices or roasted coffee. (22) Equipment used exclusively to package Pharmaceuticals and cosmetics or to coat pharmaceutical tablets. (23) Roll mills or calenders for rubber or plastics where no organic solvents, diluents or thinners are used. (24) Vacuum producing devices used in laboratory operations or in connection with other equipment which is exempt by Rule 11. (f) Steam generators, steam superheaters, water boilers, water heat- ers, and closed heat transfer systems that are fired exclusively with natural gas or liquified petroleum gas or any combination thereof. (g) Natural draft hoods, natural draft stacks or natural draft ventilators where no organic solvents, diluents, or thinners are used. (h) Containers, reservoirs, or tanks used exclusively for: -10- ------- (1) Dipping operations for coating objects with oils, waxes, or greases where no organic solvents, diluents or thinners are used. (2) Dipping operations for applying coatings of natural or syn- thetic resins which contain no organic solvents. (3) Storage of liquified gases. (4) Unheated storage or organic materials with an initial boiling point of 300° F. or greater. (5) The storage of fuel oils and lubricating oils. (6) The storage or organic liquids, including gasoline, nor- mally used as solvents, diluents or thinners, inks, color- ants, paints, lacquers, enamels, varnishes, liquid resins of other surface coatings. (7) The storage of liquid soaps, liquid detergents, waxes, wax emulsions, or vegetable oils. (8) The storage of asphalt. (9) Unheated solvent dispensing containers, unheated non- conveyorized solvent rinsing containers or unheated non- conveyorized coating dip tanks of 1,000 gallons capacity or less. (10) Transporting materials on streets or highways. (i) Natural gas-fired or liquefied petroleum gas-fired or electric- ally heated furnaces for heat treating glass or metals, the use of which does not Involve molten materials. (j) Crucible furnaces, pot furnaces or induction furnaces, with a capacity of 1,000 pounds or less each, in which no sweating or distilling is conducted and from which only the following metals are poured or in which only the follwing metals are held in a molten state. (1) Aluminum or any alloy containing over 50% aluminum. (2) Magnesium or any alloy containing over 50% magnesium. (3) Lead or any alloy containing over 50% lead. (4) Tin or any alloy containing over 50% tin. (5) Zinc or any alloy containing over 50% zinc. -11- ------- (6) Copper. (7) Precious metals. (k) Vacuum cleaning systems used exclusively for industrial, com- mercial 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, ma- chine, equipment or other contrivance where a permit to operate had previously been granted for such equipment under Rule 10. Atomic energy development and radiation protection are controlled by the State of California to the extent it has jurisdiction thereof, in accord- ance with the advice and recommendations made to the Governor by the Ad- visory Council on Atomic Energy Development and Radiation Protection. Such development and protection are fully regulated by the United States Atomic Energy Commission to the extent that such authority has not been delegated to the states. (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 13 - TIME TO OBTAIN PERMIT TO OPERATE Notwithstanding the provisions of Rule 10 requiring a permit to operate, a person who, prior to June 1, 1971, operated or used any article, ma- chine, equipment, or other contrivance in compliance with all laws, stat- utes, and ordinances, for the operation and use of which these Rules and Regulations require a permit to operate, may continue to operate or use such article, machine, equipment or contrivance until July 1, 1972, with- out obtaining a permit to operate. On and after July 1, 1972, no person shall operate or use any article, machine, equipment, or other contrivance, for the use of which these Rules and Regulations require a permit to operate, without having obtained said permit to operate or having secured a variance from the Hearing Board pursuant to Regulation V of these Rules and Regulations; provided, however it is the policy of this Board that all persons should bring their processes into compliance with these permit requirements within the time specified by the Hearing Board. -12- ------- (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 prescribed by the Air Pollution Control Officer, on a form prescribed by the Air Pollution Control Officer, and shall give all the information necessary to enable the Air Pollution Control Officer to make the determination required by Rule 20 hereof. (3.0) RULE 17 - CANCELLATION OF APPLICATIONS An authority to construct shall expire and the application shall be can- celled one year from the date of issuance of the authority to construct; provided, however, that when a period of longer than one year is stated in the application to be required for the construction, the authority to construct shall expire and the application shall be cancelled upon the expiration of such construction period, but in any event not later than five years from the date of issuance of the authority to construct. (3.0) RULE 18 - ACTION ON APPLICATIONS The Air Pollution Control Officer shall act within 60 days on an appli- cation for authority to construct, or permit to operate or permit to sell or rent, as stated in Section 24263 of the Health and Safety Code, and shall notify the applicant in writing by mail or in person of the action taken; namely, approval, conditional approval, or denial. Notice of the action taken shall be deemed to have been given when the written notifi- cation has been deposited in the mail, postpaid, addressed to the address shown on the application, or when personally delivered to the applicant or his representative. (9.0) RULE 19 - PROVISIONS OF SAMPLING AND TESTING FACILITIES A person operating or using any article, machine, equipment, or other contrivance for which these rules require a permit shall provide and maintain such sampling and testing facilities as specified in the authori- ty 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 issuance of air contaminants or the use of which may eliminate or reduce or control the issu- ance of air contaminants, is so designed, controlled, or equip- ped with such air pollution control equipment that it may be expected to operate without emitting air contaminants in vio- lation of Section 24242 or 24243, Health and Safety Code, or of these Rules and Regulations. -13- ------- (b) Before an authority to construct or a permit to operate is granted, the Air Pollution Control Officer may require the ap- plicant to provide and maintain such facilities as are neces- sary for sampling and testing purposes in order to secure in- formation thit 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 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 equip- ment. The platform and access shall be constructed in accord- ance with the General Industrial Safety Orders of the State of California. (c) In acting upon a permit to operate, if the Air Pollution Con- trol Officer finds that the article, machine, equipment or other contrivance has not been constructed in accordance with the authority to construct, he shall deny the permit to oper- ate. 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 authority to construct. (3.0) RULE 21 - CONDITIONAL APPROVAL (a) The Air Pollution Control Officer may issue an authority to construct or a permit to operate or use, subject to conditions which will bring the operation of any article, machine, equip- ment or other contrivance within the standards of Rule 20, in which case the conditions shall be specified in writing. Com- mencing work under such an authority to construct or operation under such a permit to operate shall be deemed acceptance of all the conditions so specified. The Air Pollution Control Officer shall issue an authority to construct or permit to op- erate 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 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, in which case the conditions shall be specified in writing. Selling or renting under such a permit to sell or rent shall be deemed acceptance of all the condi- tions so specified. The Air Pollution Control Officer shall -14- ------- issue a permit to sell or rent with revised conditions upon receipt of a new application, if the applicant demonstrates that the article, machine, equipment or other contrivance can operate within the standards of Rule 20 under the revised con- ditions. (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 mail, addressed to the applicant at the address set forth on the application, and such service may be proved by the written acknowledgement of the persons served or affidavit of the person making the service. The Air Pollution Control Officer shall not accept a further application unless the applicant has complied with the objections specified by the Air Pollution Control Officer as his reasons for denial of the authority to construct, the permit to operate or the permit to sell or rent. (3.0) RULE 23 - FURTHER INFORMATION Before acting on an application for authority to construct, 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) 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 if the Air Pollution Control Officer fails to act on the application within 60 days after filing, or within 30 days after applicant furnishes the further information, plans and specifications requested by the Air Pollution Control Office, which- ever is later. (3.0) RULE 25 - APPEALS (16.0) Within 10 days after notice by the Air Pollution Control Officer of denial or conditional approval of an authority to construct, permit to operate or use or permit to sell or rent, or within 10 days after the application is deemed denied pursuant to Rule 24, the applicant may petition the Hear- ing 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. -15- ------- REGULATION III - FEES (3.0) RULE 40 - PERMIT FEES The term fees used herein means fees as set forth on the schedule adopted by the Air Pollution Control Board. Every applicant, except any state or local governmental agency or public district, who applies for an authority to construct or a permit to oper- ate any article, machine, equipment or other contrivance for which an authority to construct or permit to operate is required by the State law or by the Rules and Regulations of the Air Pollution Control District, shall pay a filing fee. Where an application is filed for a permit to op- erate 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 a filing 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 revised permits for each permit unit included in the original application, the Air Pollution Control Officer may issue such separate or revised permits with- out fees. A request for a duplicate permit to operate shall be made in writing to the Air Pollution Control Officer within 10 days after the destruction, loss or defacement of a permit to operate. A fee shall be charged, ex- cept to any state or local governmental agency or public district for issuing a duplicate permit to operate. (16.0) RULE 42 - HEARING BOARD FEES (a) Every applicant or petitioner for variance, or for the exten- sion, revocation or modification of a variance, or for an ap- peal from a denial or conditional approval of an authority to construct, permit to operate or permit to sell or rent, ex- cept any state or local governmental agency or public district, shall pay to the Clerk of the Hearing Board, on filing, a fee. It is 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 the fee set by the fee schedule. (b) Any person requesting a transcript of the hearing shall pay the costs of such transcript. (c) This rule shall not apply to petitions filed by the Air Pol- lution Control Officer. -16- ------- (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 gov- ernmental agencies or individuals or groups requesting copies of the same, may be charged for by the District in a sum not to exceed the cost or pre- paration and distribution of such documents. All such monies collected shall be deposited with the Treasurer of the County of Plumas. REGULATION IV - PROHIBITIONS (50.1.2) RULE 50 - VISUAL EMISSION STANDARD In accordance with Section 24242, Chapter 2, Division 20, Article 3, of the California State Health and Safety Code, 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 in shade as that designated as Number 2 on the Ringelmann Chart, as published by the United States Bureau of Mines, or (b) Of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke described in subsection (a) of this rule. (c) This rule shall not apply when the presence of uncombined water is the only reason for the failure of the emission to meet the requirements of this rule. (2.0) RULE 51 - PROHIBITED EMISSIONS A person shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance or annoyance to any considerable number of persons to to the pub- lic 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. (2.0) RULE 51.5 SEPARATION OF EMISSIONS If air contaminants from a single source operation are emitted through two or more emission points, the total emitted quantity of any air con- taminant, limited in this Regulation 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 -17- ------- points and the exhaust gas volume through all emission points, unless the person responsible for the source operation establishes the correct total emitted quantity. Source operation 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 opera- tion. (2.0) RULE 51.6 COMBINATION OF EMISSIONS (a) If air contaminants from two or more source operations are com- bined prior to emissions 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, quan- tity and degree of emission arising from each such source operation, this Regulation shall apply to each such source operation separately. (b) If air contaminants from two or more source operations are com- bined prior to emission, and the combined emissions cannot be separated according to the requirements of Rule 51.6(a), this Regulation shall be applied to the combined emission as if it originated in a single source operation subject to the most stringent limitations and requirements placed by this Regula- tion on any of the source operations whose air contaminants are so combined. Source operation 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 ma- terials into air contaminants, as in the case of combustion of fuel; and (b) is not an air pollution abatement operation. (12.0) RULE 51.7 EMISSION CONTROL FOR USED MOTOR VEHICLES Each 1955 through 1962 model year used car in the District shall be re- quired to be equipped with an approved crankcase emission control device at the time of transfer of ownership. (50.1.1) RULE 52 - PARTICULATE MATTER (a) A person shall not discharge combustion contaminants into the atmosphere from any emission point in excess of .01944 grams per cubic foot of gas at standard conditions when measured at the point of discharge. (b) A person shall not discharge in any one hour from any source whatsoever dust or condensed fumes in total quantities in ex- cess of the amount shown in Table I. -18- ------- TABLE I MAXIMUM ALLOWABLE RATE OF EMISSION BASED ON PROCESS WEIGHT RATE Maximum Allowable Process Weight Particulate Emission (Lb./Hr.) (Lb./Hr.)~ 100 0.6 300 1.2 500 1.8 700 2.2 1,000 2.8 2,000 4.1 3,000 5.4 4,000 6.5 5,000 7.6 6,000 8.6 7,000 9.5 8,000 10.4 9,000 . 11.2 10,000 12.0 15,000 15.8 20,000 19.2 30,000 25.2 40,000 30.5 50,000 36.0 60,000 and over 40.0 Where the process weight per hour is between two listed figures, such process weight and maximum allowable particulate emission per hour shall be interpolated accordingly. The total process weight of all similar process operations located at a single plant or of multiple plants lo- cated on a single premise shall be used for determining the maximum allow- able particulate emission from the combustion of such operations. To use Table I, take the process weight per hour as such is defined in Rule 2 (y). Then find this figure on the table, opposite which is the maximum number of pounds of contaminants which may be discharged into the atmosphere in any one hour. As an example, if A has a process which emits 1,500 pounds of contaminants into the atmosphere and the process takes three hours to complete, he will divide the weight of all materials in the specific process (in this example, 1,500 pounds ? by three, giving a proc- ess weight per hour of 500 pounds. The table shows that A may not dis- charge more than 1.8 pounds in any one hour during the process, where the process weight per hour falls between figures in the left-hand columns, -19- ------- the exact weight of permitted discharge may be interpolated. (51.13) RULE 53 - OPEN FIRES (a) No person shall ignite or cause to be ignited, permit to be ignited or suffer, allow or maintain any open fire except the following: (1) Fires used only for the cooking of food for human beings or for recreational purposes. (2) Fires coming within the provisions of Section 24245 of the Health and Safety Code of the State of California as it now is or as it may be amended hereafter. Includes back yard incinerator for one and two family dwelling on its premises as stated in 39297.2 Health and Safety Code. (3) Fires used in agricultural operation. (4) Fires used in connection with any structure designed for and used exclusively as a dwelling. (5) Fires for which a permit has been granted by the Air Pol- lution Control Officer pursuant to Rule 10 of these regu- lations. (b) Nothing in this regulation shall be construed as permitting any fires otherwise prohibited by law, and nothing 1n this regulation shall be construed as prohibiting any fire other- wise required by law. (51.9) RULE 54 - INCINERATOR BURNING No person shall ignite, or cause to be ignited, permit to be ignited or suffer, allow or maintain any ignited combustible refuse in any incin- erator unless such operation meets the requirements specified in these Rules and Regulations, excluding backyard incinerators for one and two family dwellings. (2.0) RULE 55 - EXCEPTIONS The provisions of Rule 50 and 52 do not apply to: (a) Smoke from fires set by or permitted by any public officer if such fire is set or permission given 1n 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 -20- ------- (2) For 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 employ- ees in methods of fighting fire. (c) Smoke from 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 other equipment in agricultural operations in the growing of crops, or raising of fowls, animals or bees. (50.2) RULE 56 - SULFUR OXIDE EMISSIONS (a) A person shall not discharge into the atmosphere from any single source of emissions whatsoever sulfur oxides, calcu- lated as sulfur dioxide (S02), in excess of 1,000 ppm. (b) It shall be unlawful for any person to cause or permit the emission of sulfur dioxide from any premises which will result in concentrations and time durations at ground level that ex- ceed those shown in the following table: ••^ TABLE II MAXIMUM ALLOWABLE SULFUR DIOXIDE GROUND-LEVEL CONCENTRATIONS Concentration Time Duration 0.5 ppm 1 hour 0.04 ppm 24 hours * Parts per million by volume. (c) Any person demonstrated by the Control Officer to be emitting. sulfur oxides resulting in ground-level concentrations and du- rations in excess of Table II above shall be required to in- stall and continuously operate recording instruments in at least three locations surrounding the emission point. Such locations are to be approved by the Control Officer. -21- ------- (d) Such person shall provide to the Control Officer a summary of the date obtained from such instruments during each calendar month. The form of presentation of the data will be specified by the Control Officer. (50.2) RULE 57 - SULFIDE EMISSION STANDARD (a) A person shall not discharge total reduced sulfur, (TRS), as defined in Rule (gg), into the atmosphere from any single emis- sion point in excess of the total daily weight calculated by the formula: TRS (pounds per day) = 0.012 (Hs)2 where Hs is the height in feet of the emission point above Mean Ground Elevation. Mean Ground Elevation shall be computed as the arithmetic average of the highest and lowest ground- level elevations within a 1,000 yard radius of the emission point. In no case is the lowest ground level elevation to be less than mean sea level. Effective January 1, 1972, a person shall not discharge total reduced sulfur (TRS), as defined in Rule 2 (gg), into the at- mosphere from any single emission point at a concentration ex- ceeding 60 parts per million by volume, or in excess of the total daily weight calculated by the formula: TRS (pounds per day) = 0.012 (Hs)2 whichever, is the more restrictive condition, where H is the height in feet of the emission point above Mean Ground Ele- vation, Mean Ground Elevation shall be computed as the arith- metic average of the highest and lowest ground-level elevations within a 1,000-yard radius of the emission point. In no case is the lowest ground-level elevation to be less than mean sea level. (b) In any intergrated manufacturing facility designed for con- version of wood materials into pulp and/or paper, the total maximum allowable monthly TRS emissions released to the at- mosphere must not exceed one pound of TRS per ton of dry wood charged into the conversion process. Wood materials used ex- clusively for fuel are not to be considered as charge to the conversion process. Effective January 1, 1972, the total maximum allowable monthly TRS emissions released to the atmosphere must not exceed 0.8 pounds of TRS per ton of dry wood charged into the conversion process. -22- ------- (c) It shall be unlawful for any person to cause or permit the emission of air contaminants from any premises which will re- sult in ground-level concentrations of TRS, expressed as hy- drogen sulfide, in excess of 0.03 ppm for a period of 60 min- utes. (d) A person complying with the requirements of Rule 57 (a) and re- leasing in excess of 100 pounds per day of TRS from a single emission point shall be required to provide, install, maintain and continuously operate a recording instrument at such emis- sion point which will record the concentrations of TRS emis- sions. (e) Where the Control Officer demonstrates by standarized analyt- ical chemistry procedures that the requirements of Rule 57 (c) have been violated on at least three separate occasions within a one-month period, the person causing said violation shall provide, install, maintain and operate a recording instrument, located at ground level, which will monitor the TRS concentra- tion at the property limits. Location of said monitoring in- strument is to be approved by the Control Officer. (f) Emissions exceeding the limits established by Rule 57 (c) shall not constitute a violation provided such emissions, from the emission point to the point of such concentration, are on the property controlled by the person responsible for such emissions. (g) A summary of the data obtained under the provisions of Rule 57 (b), Rule 57 (d), and Rule 57 (e), if applicable, shall be submitted to the Control Officer once each calendar month no later than the fifteenth day of the following calendar month. This summary shall be presented in the manner and form as prescribed by the Air Pollution Control Officer. (50.4) RULE 57.5 ORGANIC SOLVENTS (a) A person shall not discharge more than 15 pounds of organic materials into the atmosphere in any one day from any article, machine, equipment or other contrivance in which any organic solvent or any material containing organic solvent comes into contact with flame or is baked, heat-cured or heat-polymerized, in the presence of oxygen, unless all organic materials dis- charged from such article, machine, equipment or other con- trivance have been reduced either by at least 85 per cent overall or to not more than 15 pounds in any one day. (b) A person shall not discharge more than 40 pounds of organic material into the atmosphere 1n any one day from any article, machine, equipment or other contrivance used under conditions -23- ------- other than described in Section (a), fpr employing, applying, evaporating or drying any photochemically reactive solvent, as defined in Section (k), or material containing such solvent, unless all organic materials discharged from such article, ma- chine, equipment or other contrivance have been reduced either by at least 85 per cent overall or to not more than 40 pounds in any one day. (c) Any series of articles, machines, equipment or other contriv- ances designed for processing a continuously moving sheet, web, strip or wire which is subjected to any combination of opera- tions described in Sections (a) or (b) involving any photo- chemically reactive solvent, as defined in Section (k), or material containing such solvent, shall be subject to compli- ance with Section (b). Where only non-photochemically react- ive solvents or material containing only non-photochemically reactive solvents are employed or applied, and where any por- tion or portions of said series of articles, machines, equip- ment or other contrivances involves operations described in Section (a), said portions shall be collectively subject to compliance with Section (a). (d) Emissions of organic materials to the atmosphere from the clean-up with photochemically reactive solvents, as defined in Section (k), of any article, machine, equipment or other con- trivance described in Sections (a), (b) or (c), shall be in- cluded with the other emissions of organic materials from that article, machine, equipment or other contrivance for determin- ing compliance with this rule. (e) Emissions of organic materials to the atmosphere as a result of spontaneously continuing drying of products for the first 12 hours after their removal from any article, machine, equip- ment or other contrivance described 1n Sections (a), (b) or (c), shall be included with other emissions of organic mate- rials from that article, machine, equipment or other contriv- ance for determining compliance with this rule. (f) Emissions of organic materials into the atmosphere required to be controlled by Sections (a), (b) or (c), shall be reduced by: (1) Incineration, provided that 90 per cent or more of the carbon in the organic material being incinerated is oxi- dized to carbon dioxide, or (2) Absorption, or (3) Processing in a manner determined by the Air Pollution Control Officer to be not less effective than (1) or (2) above. -24- ------- (g) A person incinerating, absorbing, or otherwise processing organic materials pursuant to this rule shall provide, proper- ly install and maintain in calibration, in good working order and in operation, devices as specified in the authority to construct or the permit to operate, or as specified by the Air Pollution Control Officer, for indicating temperatures, pres- sures, rates of flow or other operating conditions necessary to determine the degree and effectiveness of air pollution control. (h) Any person using organic solvents or any material containing organic solvents shall supply the Air Pollution Control Of- ficer, 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 or- ganic solvents. (2) The use of equipment for which other requirements are specified by the Rules or which are exempt from air pol- lution control requirements by said rules. (3) The spraying or other employment of insecticides, pesti- cides or herbicides. (4) The employment, application, evaporation or drying of saturated halogenated hydrocarbons or perchloroethylens. (j) For the purpose of this rule, a photochemically reactive sol- vent and thinners are defined as organic materials which are liquids at standard conditions and which are used as dissolv- ers, viscosity reducers or cleaning agents. (k) For the purpose of this rule, a photochemically reactive sol- vent is any solvent with an aggregate of more than 20 per cent of its total volume composed of the chemical compounds classi- fied below or which exceeds any of the following individual percentage composition limitations, referred to the total vol- ume of solvent: (1) A combination of hydrocarbons, alcohols, aldehydes, esters, ethers or ketones having an olefinic or cyclo-olefinic type of unsaturation: 5 percent; (2) A combination of aromatic compounds with eight or more carbon atoms to the molecule except ethyl benzene: 8 per- cent; -25- ------- (3) A combination of ethyl benzene, ketones having branched hydrocarbon structures, trichloroethylene or toluene: 20 percent. Whenever any organic solvent or any constituent of an organic solvent may be classified from its chemical structure into more than one of the above groups of organic compounds, it ' shall be considered as a member of the most reactive chemical group, that is, that group having the least allowable percent of the total volume of solvents. (1) For the purpose of this rule, organic materials are defined as chemical compounds of carbon excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides, metallic carbonates and ammonium carbonate. (m) This rule shall be effective on the date of its adoption as to any article, machine, equipment or other contrivance, not then completed and put into service. As to all other articles, ma- chines, equipment or other contrivances, this rule shall be effective: (1) On July 1, 1971, for those subject to compliance with Sec- tion (a), and emitting 15 pounds or more in any one day. (51.21) RULE 58 - 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 1,200 degrees Fahrenheit for a period of not less than 0.3 second, or (b) Processed in 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. For the purpose of this rule, "reduction" is defined as any heated process, including rendering, cooking, drying, dehydrating, digesting, evaporating and protein concentrating. (7.0) RULE 59 - REPORT OF BREAKDOWN Emissions exceeding any of the limits established by Regulation IV as a direct result of unavoidable upset conditions or unforeseeable breakdown of equipment or control apparatus shall not be deemed in violation provid- ed the following requirements are met: -26- ------- (a) The upset or breakdown is immediately reported to the Plumas County Air Pollution Control District. (b) The person responsible shall, upon the request of the Control Officer, submit a full report, including the known causes and preventive measures to be taken to minimize or eliminate a re- occurrence. (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 viola- tion of Division 20, Chapter 2, of the Health and Safety Code of the State of California or of these Rules and Regulations. This rule shall not apply to cases in which the only violation involved is of Section 24243 of the Health and Safety Code of the State of California, or of Rule 51, of these Rules and Regulations. (2.0) RULE 62 - REVIEW OF STANDARDS The Air Pollution Control Officer may at any time request the Air Pollu- tion Control Board to hold a public hearing for review of current air pollution control technology, to examine the adequacy of the emission limits stated in these Rules and Regulations, or to adopt any new or re- vised standards that may be necessary. Such hearing shall be held at least once each year on or near the anniversary date of the adoption of these Rules and Regulations through 1972, after which hearings shall be held upon the request of the Air Pollution Control Officer if in his opinion advances in technology warrant such a hearing. (16.0) RULE 70 - APPEALS FROM HEARING BOARD Appeals from Hearing Board are to be heard by the Board of Supervisors of the County of Plumas before referral to legal action. REGULATION V - PROCEDURE BEFORE THE HEARING BOARD (2.0) RULE 75 - GENERAL This regulation shall apply to all hearings before the Hearing Board of the A1r Pollution Control District. (2.0) RULE 76 - FILING PETITIONS Requests for hearing shall be initiated as specified in the Health and Safety Code by the filing of a petition with the Clerk of the Hearing -27- ------- Board at the Plumas County A1r Pollution Control District, Quincy, Cali- fornia, 95971, and the payment of the fee 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 Quincy, California, 95971, and one copy on the holder of the permit or variance, if any, in- volved. 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, cor- poration or other entity, and names and address of the part- ners if a co-partnership, names and address 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 application and the street address at which it is conducted. (d) A brief description of the article, machine, equipment or other contrivance, if any, involved in the application. (e) The section or rule under which the petition is filed, that is, whether petitioner desires a hearing: (1) To determine whether a permit shall be revoked or sus- pended 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 author- ity 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 is not the petitioner it shall set forth his authority to sign. -28- ------- (g) Petitions for revocation of permits shall allege in addition the rule under which permit was granted, the rule or section which is alleged to have been violated, together with a brief statement of the facts constituting such alleged violation. (h) Petitions for reinstatement of suspended permits shall allege in addition the rule under which the permit was granted, the request and alleged refusal which formed the basis for such suspension, together with a brief statement as to why informa- tion requested, if any, was not furnished, whether such in- formation is believed by petitioner to be pertinent, and if so, when it will be furnished. (i) All petitions shall be typewritten, double-spaced, on legal or letter size paper, on one side of the paper only, leaving a margin of at least one inch at the top and left side of each sheet. (5.0) RULE 78 - PETITIONS FOR VARIANCE 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 petition- er from the 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 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 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. -29- ------- (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 addition to the matters required by Rule 77, set forth a summary of the application or a copy thereof and the alleged reasons for the denial or conditional approval and the reasons for appeal. (2.0) RULE 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 rules relating to the form, filing and service of petitions unless the chairman or any two members of the Hear- ing Board direct otherwise and confirm such direction in writing. Such direction need not be made at a meeting of the Hearing Board. The chair- man or any two members, without a meeting, may require the petitioner to state further facts or reframe a petition so as to disclose clearly the issues involved. (2.0) RULE 82 - ANSWERS Any person may file an answer within 10 days after service. All answers shall be served in the manner prescribed for service of 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 Hear- ing Board. The Clerk of the Hearing Board shall notify all interested persons of such dismissal. (16.0) RULE 84 - PLACE OF HEARING All hearings shall be held at the County Supervisors' Chambers, Plumas County Courthouse, Quincy, California, unless some other place is desig- nated by the Hearing Board. (16.0) RULE 85 - 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) RULE 86 - EVIDENCE (a) Oral evidence shall be taken only on oath or affirmation. -30- ------- (b) Each party shall have these rights: To call and examine wit- nesses; 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 re- spondent does not testify on 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 or witnesses. Any relevant evidence shall be admitted 1f it is the sort of evidence on which re- sponsible 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 evi- dence may be used for the purpose of supplementing or explain- ing any direct evidence but shall not be sufficient in itself to support a finding unless 1t would be admissable over ob- jection in civil actions. The rules or 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) RULE 87 - PRELIMINARY MATTERS Applications for setting a date for a hearing, granting continuances, approving petitions for filing, allowing amendments and other preliminary rulings not determinative of the merits of the case may be granted by the chairman or any two members of the Hearing Board ex parte. Written no- tice of any action taken under this rule shall be given to all parties by the party requesting the action. (2.0) RULE 88 - OFFICIAL NOTICE The Hearing Board may take official notice of any matter which may be judicially noticed by the courts of this state. (2.0) RULE 89 - CONTINUANCES The chairman or any two members of the Hearing Board shall grant any con- tinuance of 15 days or less, concurred in by the petitioner, the Air Pol- lution Control Officer and by every person who has filed an answer in the action and may grant any reasonable continuance; in either case such action may be ex parte. Written notice of any action taken under this Rule shall be given to all parties by the party requesting the action. (2.0) RULE 90 - DECISION The decision shall be in writing, served and filed within 30 days after -31- ------- 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 delivered to the Air Pollution Control Officer, the petitioner and to every person who has filed an answer or who has appeared as a party in person or by counsel at the hearing. (2.0) RULE 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 for a variance for the operation or use of any article, machine, equipment or other contrivance until the permit to operate has been granted or denied by the Air Pollution Control Officer except under the following conditions: (a) An appeal from a denial of a permit to operate and a petition for a variance may be filed with the Hearing Board of a single petition. (b) The Control Officer may petition the Hearing Board to grant a variance or extension of initial compliance for any Individual operation or group of operations. The variance granted by the Hearing Board after a denial of a permit to operate by the A1r Pollution Control Officer may include a permit to operate for the duration of the variance. -32- ------- |