U.S. DEPARTMENT OF COMMERCE
NitioMl Technical Information Service
PB-296 686
Air Pollution Regulations in State
Implementation Plans: California,
Sacramento County
Abcor, Inc, Wilmington, MA Waldtn Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NC Control
Programs Development Div
Aug 78
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&EPA
United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
EPA<480/3-78-054-29
August 1978
Air
Air Pollution Regulations
in State Implementation
Plans:
:teyiiiiii
REPRODUCED BY ]
NATIONAL TKHNICAL
INFORAAATION SERVICE
U. S. DEPARTMENT OF COMMERCE i
SPRINGFIELD. V*. 221U '
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TECHNICAL REPORT DATA
(Please read iHUmctiont on the revert* otfon compttttngj
1. REPORT NO. _. .
EPA-450/348-i|*4-*9
2.
3. RBCIPIENT'S ACCESSION>NO.
BCIPIEN
PP>
4, TITLE AND SUBTITLE
Air Pollution Regulations in state Implementation i
Plans: California Sacramento County
6. REPORT DATE
August 1978
6. PERFORMING ORGANIZATION CODE
7. AUTHOR(S)
8. PERFORMING ORGANIZATION REPORT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Walden Division of Abcor, Inc.
Wilmington, Mass.
10. PROGRAM ELEMENT NO.
11. CONTRACTTGRANT 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 in the
Federal Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall Into one of the above
categories as of January 1, 1978, have been Incorporated. As mandated by Congress,
this document will be updated annually. State and/or local air quality regulations
which have not been Federally approved as of January 1, 1978, are not Included here;
omission of these regulations from this document 1n no way affects the ability of
the respective Federal, State, or local agencies to enforce such regulations.
7.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
b.IDENTIFIERS/OPEN ENDED TERMS C. COSATI Field/Group
Air pollution
Federal Regulations
Pollution
State Implementation Plans
8. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
10. SECURITY CLASS (ThisReportJ
Unclassifiec
21 ..L
20. SECURITY CLASS
Unclassified
22. PRICE
A«3
EPA Form 2220-1 (8-73)
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i- '-v-.-v
*&fl
Air Pollution Regulations
in State Implementation Plans
by
Walden Division of Aboor, 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
X
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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-450/3-78-054-29
ii
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INTRODUCTION
This document has been produced in compliance with Section 110(h)(l)
of the Clean Air Act Amendments of 1977. The Federally enforceable
regulations contained in the State Implementation Plans (SIPs) have been
compiled for all 56 States and territories (with the exception of the
Northern Mariana Islands). They consist of both the Federally approved
State and/or local air quality regulations as indicated in the Federal
Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of
the above categories as of January 1, 1978, have been incorporated. As
mandated by Congress, this document will be updated annually. State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.
There have been recent changes in the Federal enforceability of
parking management regulations and indirect source regulations. The
October, 1977, appropriation bill for EPA prohibited Federal enforcement
of parking management regulations in the absence of specific Federal
authorizing legislation. Federally promulgated parking management
regulations have, therefore, been suspended indefinitely. Pursuant to
the 1977 Clean Air Act Amendments, indirect source regulations may not
be required for the approval of a given SIP. Consequently, any State
adopted indirect source regulations {pay be suspended or revoked; State
adopted indirect source regulations contained in an applicable SIP
are Federally enforceable. More importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded, operated, or owned facilities or projects. Therefore, the
Federally promulgated indirect source regulations appearing in this
document are not enforceable by EPA except as they relate to Federal
facilities.
Since State air quality regulations vary widely in their organization,
content, and language, a standardized subject index is utilized in this
document. Index listings consist of both contaminant and activity oriented
categories to facilitate usage. For example, for regulations which apply
to copper smelters, one might look under sulfur compounds (50.2), particu-
late matter process weight (50.1.1), or copper smelters (51.15). Federal
regulations pertaining to a given State Immediately follow the approved
State and local regulations.
Additionally, a summary sheet of the information included in each
comprehensive document is presented prior to the regulatory text to
allow one to quickly assess the contents of the document. Specifically,
the summary sheets contain the date of submittal to EPA of each revision
111
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to the SIP and the date of the Federal Register in which the revision
was either approved or disapproved by EPA~7Finally, a brief description
or reference of the regulation which was submitted is also included.
This document is not intended to provide a tool for determining
the enforceability of any given regulation. As stated above, it is
intended to provide a comprehensive compilation of those regulations
which are incorporated directly or by reference into Title 40, Part 52,
of the Code of Federal Regulations. Consequently, the exclusion of a
Federally approved regulation from this document does not diminish the
enforceability of the regulation. Similarly, the inclusion of a given
regulation (for example, regulations governing pollutants, such as odors,
for which there is no national ambient air quality standards) in this
document does not, in itself, render the regulation enforceable.
iv
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SUMMARY SHEET
OF
ERA-APPROVED REGULATION CHANGES
SACRAMENTO COUNTY APCD
Submittal Date
6/30/72
7/25/73
1/22/74
7/19/74
4/10/75
7/22/75
11/3/75
11/3/75
11/10/76
2/10/76
11/10/76
Approval Date
9/22/72
8/22/77
8/22/77
8/22/77
8/22/77
8/22/77
8/22/77
7/26/77
7/26/77
8/22/77
10/4/77
Description
All regs approved unless other-
wise specified
Rules 72, 90, 91, 92
Rule 30
Rules 11, 39, 44, 70, 73, 111
Rules 12, 22a, 22b, 25,
32-34, 40
Rule 93
Rules 71, 112. 113
Rule 13
Rule 14
Rules 94-97
Rules 1, 2, 11, 12, 21, 22a,
22b, 24, 25, 27, 28, 29, 33,
39, 44, 70, 71, 90, 92, 93, 94,
95, 96 (except a), 97, 98.
Definitions for Reg VII
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DOCUMENTATION OF CURRENT EPA-APPROVED
STATE AIR POLLUTION REGULATIONS
REVISED STANDARD SUBJECT INDEX
1.0 DEFINITIONS
2.0 GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES
3.0 REGISTRATION CERTIFICATES. OPERATING PERMITS AND APPLICATIONS
4.0 AIR QUALITY STANDARDS (PRIMARY AND SECONDARY)
4.1 PARTICULATES
4.2 SULFUR DIOXIDE
4.3 NITRIC OXIDES
4.4 HYDROCARBONS
4.5 CARBON MONOXIDE
4.6 OXIDANTS
4.7 OTHERS
5.0 VARIANCES
6.0 COMPLIANCE SCHEDULES
7.0 EQUIPMENT MALFUNCTION AND MAINTENANCE
8.0 EMERGENCY EPISODES
9.0 AIR QUALITY SURVEILLANCE AND SOURCE TESTING
10.0 NEW SOURCE PERFORMANCE STANDARDS
11.0 NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS
12.0 MOTOR VEHICLE EMISSIONS AND CONTROLS
13.0 RECORD KEEPING AND REPORTING
14.0 PUBLIC AVAILABILITY OF DATA
15.0 LEGAL AUTHORITY AND ENFORCEMENT
16.0 HEARINGS. COMPLAINTS. AND INVESTIGATIONS
17.0 PREVENTION OF SIGNIFICANT DETERIORATION
18.0 AIR QUALITY MAINTENANCE AREA
19.0 - 49.0
RESERVED FOR FUTURE EXPANSION OF COMMON INDEX
50.0 POLLUTANT - SPECIFIC REGULATIONS
50.1 PARTICULATES
50.1.1 PROCESS WEIGHT
50.1.2 VISIBLE EMISSIONS
50.1.3 GENERAL
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50.2 SULFUR COMPOUNDS
50.3 NITRIC OXIDES
50.4 HYDROCARBONS
50.5 CARBON MONOXIDE
50.6 ODOROUS POLLUTANTS
50.7 OTHERS (Pb, Hg, etc.)
51.0 SOURCE CATEGORY SPECIFIC REGULATIONS
51.1 AGRICULTURAL PROCESSES (Includes Grain Handling, Orchard Heaters,
R1ce and Soybean Facilities, Related Topfcs)
51.2 COAL OPERATIONS (Includes Cleaning, Preparation, Coal Refuse
Disposal Areas, Coke Ovens, Charcoal Wins, Related Topics)
51.3 CONSTRUCTION (Includes Cenent 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 Managenent, 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
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TABLE OF CONTENTS
SACRAMENTO COUNTY REGULATIONS
Revised Standard
Subject Index
(2.0)
(1.0)
(2.0)
(51.16)
(51.16)
(51.16)
(51.16)
(50.1.1)
(51.13)
(51.9)
(50,1)
(50.0)
(50.4)
(51.21)
(51.1)
(2.0)
(2.0)
(2.0)
(2.0)
(5.0)
Reg-Rule Number
1
2
3
11
12
13
14
21
22a
22b
23
24
25
26
27
29
31
32
33
34
Title
Title
Definitions
Standard Conditions
Storage of Petroleum Products
Organic Liquid Loading
Gasoline Transfer Into
Stationary Storage Containers
Transfer of Gasoline Into
Vehicle Fuel Tanks
Dust and Condensed Fumes
Open Fires
Incinerator Burning
Parti cul ate Matter
Specific Contaminants
Organic Solvents
Reduction of Animal Matter
Orchard Heaters
Circumvention
General
Filing Petitions
Contents of Petition
Pet 1 tl ons for Var1 ances
Page
1
1
1
2
2
3
6
7
8
9
10
10
10
14
15
15
17
17
17
18
V111
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Revised Standard
Subject Index Reg-Rule Number Title Page
(2.0) 35 Failure to Comply With Rules 18
(2.0) 36 Answers 18
(2.0) 37 Dismissal of Petition 19
(16.0) 38 Place of Hearing 19
(16.0) 39 Notice of Hearing 19
(2.0) 40 Evidence 19
(2.0) 41 Preliminary Matters 20
(2.0) 42 Official Notice 20
(2.0) 43 Continuances 20
(2.0) 44 Decision 20
(2.0) 45 Effective Date of Decision 20
(15.0) 46 Authority to Arrest 21
(3.0) 70 Permit Fees 21
(16.0) 71 Hearing Board Fees 24
(9.0) 72 Analysis Fees 24
(3.0) 73 Exceptions: Operating
Permit Fees 24
(3.0) (51.13) 90 Agricultural Burning Permits 25
(3.0) 91 Permit Form 25
(51.13) 92 "No Burn" Days 25
(51.13) 93 Preparation of Agricultural
Waste 25
(51.13) 94 Limitation of Dally Burning
Rate 26
(51.13) 95 Other Burning Limitations 26
1x
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1
Revised Standard
Subject Index Reg-Rule Number title Page
(3.0) (8.0) 96 Emergency Permits 27
(51.13) 97 Agricultural Waterway
Delivery & Drainage Systems 27
(3.0) 98 Permits By Fire Protection
Agencies 28
(1.0) -- Definitions 28
(2.0) 111 Disclosure of Data 29
(10.0) 112 New Source Performance
Standards 29
(11.0) 113 National Emission Standards
For Hazardous A1r Pollutants 29
^ X \
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SACRAMENTO COUNTY
AIR QUALITY REGULATIONS
(2.0) RULE 1. TITLE
These rules and regulations adopted pursuant to Section 40702 of the
California Health and Safety Code, shall be known as the rules of the
Air Pollution Control District of the County of Sacramento.
(1.0)
RULE 2. DEFINITIONS
Except as otherwise specifically provided 1n these rules and except
where the context otherwise Indicates, words used 1n these rules are
used 1n exactly the same sense as the same words are used 1n Part 3,
Division 26 of the Health and Safety Code.
a. PERSON. "Person" means any person, firm, association, organization,
partnership, business trust, corporation, company, contractor, sup-
plier, Installer, user or owner, or any state or local governmental
agency or public district or any officer or employee,thereof.
b. BOARD. "Board" means the Air Pollution Control Board of the Air
Pollution Control District of Sacramento County.
c. SECTION. "Section" means section of the Health and Safety Code of
the State of California unless some other statute is specifically
mentioned.
d. RULE. "Rule" means a rule of the A1r Pollution Control District of
Sacramento County.
e. REGULATION. "Regulation" means one of the major subdivisions of the
rules of the A1r Pollution Control District of Sacramento County.
f. ATMOSPHERE. "Atmosphere" means the air that envelopes or surrounds
the earth. Where air pollutants are emitted Into a building not
designed specifically as a piece of air pollution control equipment,
such emission Into the building shall be considered an emission into
the atmosphere.
(2.0) RULE 3. STANDARD CONDITIONS
"Standard Conditions" are a gas temperature of 60 degrees Fahrenheit and
a gas pressure of 14.7 pounds per square Inch absolute. Results of all
analyses and tests shall be calculated or reported at this gas temperature
and pressure.
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I REGULATION II
I PROHIBITIONS
)
! (51.16) RULE 11. STORAGE OF PETROLEUM PRODUCTS
i
A person shall not place, store or hold 1n any stationary tank, reservoir
or other container of more than 40,000 gallons capacity any gasoline or
' any petroleum distillate having a Vapor pressure of 1.5 pounds per square
i Inch absolute or greater under actual storage conditions, unless such
! tank, reservoir or other container 1s a pressure tank maintaining working
I pressures sufficient at all times to prevent hydrocarbon vapor or gas
j loss to the atmosphere, or Is designed and equipped with one of the fol-
< lowing vapor loss control devices, properly Installed, 1n good working
! order and 1n operation:
a. A floating roof, consisting of a pontoon type or doubledeck type
j roof, resting on the surface of the liquid contents and equipped
' with a closure seal, or seals to close the space between the roof
i edge and tank wall. The control equipment provided for 1n this para-
j graph shall not be used if the gasoline or petroleum distillate has
a vapor pressure of 11.0 pounds per square Inch absolute or greater
under actual storage conditions. All tank gauging and sampling de-
i vices shall be gas-tight except when gauging or sampling 1s taking
: place.
b. A vapor recovery system, consisting of a vapor gathering system
capable of collecting the hydrocarbon vapors and gases discharged and
a vapor disposal system capable of processing such hydrocarbon vapors
and gases so as to prevent their emission to the atmosphere and with
all tank gauging and sampling devices gas-tight except when gauging
! or sampling is taking place.
c. Other equipment of equal efficiency, provided such equipment has
been approved by the A1r Pollution Control Officer.
(51.16) RULE 12. ORGANIC LIQUID LOADING
A person shall not load organic liquids having a vapor pressure of 1.5
psia or greater under actual loading conditions Into any tank truck,
trailer, or railroad tank car from any loading facility unless the load-
ing facility is equipped with a vapor collection and disposal system as
specified below, or its equivalent approved by the A1r Pollution Control
Officer.
Loading shall be accomplished in such a manner that all displaced vapor
and air will be vented only to the vapor collection system. Measures
shall be taken to prevent liquid drainage from the loading device when
it is not 1n use or to accomplish complete drainage before the loading
device is disconnected.
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The vapor disposal portion of the vapor collection and disposal system
shall consist of one of the following:
a. An absorber system or condensation system which processes all vapors
and recovers at least 90 percent by weight of the organic vapors and
gases from the equipment being controlled.
b. A vapor handling system which directs all vapors to a fuel gas system.
c. Other equipment of an efficiency equal to or greater than a or b if
approved by the Air Pollution Control Officer.
This rule shall apply only to the loading of organic liquids having a
vapor pressure of 1.5 pounds per square inch absolute (psia) or greater
under actual loading conditions at a facility from which at least 20,000
gallons of such organic liquids are loaded in any one day. For the pur-
pose of this rule* "loading facility" shall mean any organic liquid
loading equipment which 1s both (1) subject to permit by the Air Pollu-
tion Control Officer, and (2) located so that all the organic liquid
loading outlets for loading equipment can be encompassed within any
circle of 300 feet in diameter.
(51.16) RULE 13. GASOLINE TRANSFER INTO STATIONARY STORAGE CONTAINERS
a. 1. A person shall not transfer or permit the transfer of gasoline
from any tank truck or trailer into any stationary storage con-
tainer with a capacity of more than 250 gallons unless such
container is provided with a permanent submerged fill pipe and
unless such transfer 1s made under one of the following condi-
tions:
(i) The displaced gasoline vapors or gases are processed by
a system that Includes (1) a vapor-tight liquid fill con-
nector, (2) a vapor-tight vapor return line to the de-
livery vessel of at least 3 Inches nominal diameter,
(3) a tank vent line sized in accordance with National
Fire Protection Association Pamphlet 30. 1972 edition,
paragraph 2252, and equipped with a vent discharge open-
Ing 0.5 inch diameter or a device approved by the Air
Pollution Control Officer which will Insure that the
vapor return line 1s connected before gasoline can be
transferred Into the container. The vapor return sys-
tem shall collect at least 90 percent by weight of the
hydrocarbon vapors vented during filling of the station-
ary storage container.
(ii) The displaced gasoline vapors or gases are processed by
a system approved by the Air Pollution Control Officer
and with recovery efficiency at least equivalent to
that of the system described in (1) above.
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(111) Transfer 1s madt to i storagt conUlntr equipped as
described 1n Rule 11.
2. The provisions of this Rule shall not apply to the transfer of
gasoline Into any stationary storage container:
(1) Serviced by a delivery vessel exempted by the A1r Pollu-
tion Control Officer pursuant to Rule 13c(l), 1f such
container Is equipped with a permanent submerged fill
pipe by July 1, 1976.
(ii) Which is used primarily for the fueling of Implements of
husbandry as such vehicles are defined in Division 16
(Section 36000, et seq) of the California Vehicle Code,
if such container 1s equipped with a permanent submerged
fill pipe by July 1, 1976.
(111) With a capacity of 2*000 gallons or less and Installed
before July 1, 1975 1f such container 1s equipped with
a permanent submerged fill pipe by July 1, 1976.
(iv) In existence prior to July 1, 1975 which is equipped
with an offset fill pipe if such container is equipped
by July 1, 1976 with a permanent submerged fill pipe.
b. No person shall store gasoline in or otherwise use or operate any
gasoline delivery vessel, after December 31, 1975, unless such vessel
is designed and maintained to be vapor tight. Any delivery vessel
into which gasoline vapors have been transferred, after December 31,
1975, shall be refilled only at a loading facility that is equipped
with a system that prevents at least 90 percent by weight of the
gasoline vapors displaced from entering the atmosphere.
c. 1. The owner or operator of any bulk loading facility not subject
to the provisions of Rule 12 which was in operation on or before
July 1, 1975, and for which the annual throughput to stationary
storage containers that are not exempted by Sections a2(ii) and
a2(1ii) of this Rule does not exceed 500,000 gallons, may peti-
tion the Air Pollution Control Officer to have the facility's
delivery vessels and other independently owned gasoline delivery
vessels which are exclusively serviced at such facility exempted
from the provisions of Section b of this Rule. The owner or
operator of such a facility must petition annually to renew
such exemptions.
2. A person shall not load gasoline into any delivery vessel from
any loading facility granted an exemption pursuant to Section
c(l) of this Rule unless, by July 1, 1976, such delivery vessel
is loaded through a submerged fill pipe.
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3. A person shall not operate any gasoline loading facility which
1s not subject to the provisions of Rule 12 after July 1, 1976
unless:
(1) The facility 1s equipped with a system or systems to pre-
vent the release to the atmosphere of at least 90 percent
by weight of the gasoline vapors displaced during the
filling of the facility's stationary storage containers;
and
(11) The facility 1s equipped with a pressure-vacuum valve on
the above ground stationary storage containers with a
minimum pressure valve setting of 15 ounces, provided
that such setting will not exceed the container's maxi-
mum pressure rating.
d. The owner or operator of any stationary storage container or gasoline
loading facility which 1s subject to this Rule and which is installed
or constructed on or after July 1, 1975 shall comply with the provi-
sions of this Rule at the time of Installation.
e. The owner or operator of any stationary storage container subject to
this Rule or gasoline loading facility granted an exemption pursuant
to Section c(l) of this Rule which 1s operating or in the process of
being installed or constructed prior to July 1, 1975 shall comply
with the provisions of this Rule by July 1, 1976, and shall comply
with the following schedule:
1. On or before November 1, 1975 - Apply for an authority to con-
struct from the Air Pollution Control Officer for the Instal-
lation of the needed control system;
2. On or before January 1, 1976 - Submit to the Air Pollution Con-
trol Officer evidence that all necessary contracts for the de-
sign, procurement, and Installation of the required emission
control system have been negotiated and signed, or evidence
that orders for the purchase of component parts necessary to
accomplish the necessary emission control have been issued;
3. On or before March 1, 1976 - Initiate on-site construction or
installation of emission control equipment.
4. On or before June 1, 1976 - Complete on-site construction or
installation of emission control equipment; and
5. On or before July 1, 1976 - Secure the Air Pollution Control
Officer's approval of all equipment and a permit to operate.
f. The owner or operator of any gasoline loading facility not granted
an exemption pursuant to Section c(l) of this Rule and the owner or
operator of non-exempt tanks served by such facility shall comply
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with the provisions of this Rule by January 1, 1977, and shall comply
with the following schedule:
1. On or before May 1, 1976 - Apply for an authority to construct
from the Air Pollution Control Officer for the Installation of
the needed control system;
2. On or before June 1, 1976 - Submit to the A1r Pollution Control
Officer evidence that all necessary contracts for the design,
procurement, and installation of the required emissions control
systems have been negotiated and signed, or evidence that orders
for the purchase of component parts necessary to accomplish the
necessary emission control have been Issued;
3. On or before September 1, 1976 - Initiate on-site construction
or installation of emission control equipment;
4. On or before December 1, 1976 - Complete on-site construction
or Installation of emissions control equipment; and
5. On or before January 1, 1977 - Secure the Air Pollution Control
Officer's approval of all equipment and a permit to operate.
Gasoline dispensing and vapor recovery systems used to comply with the
provisions of this Rule shall comply with all safety, fire, weights and
measures, and other applicable codes and/or regulations.
For the purposes of this Rule, the term "gasoline" 1s defined as any
petroleum distillate having a Reid vapor pressure of 4 pounds or greater.
For the purposes of this Rule, "gasoline vapors" are defined as the or-
ganic compounds in the displaced vapors Including any entrained liquid
gasoline.
For the purposes of this Rule, the term "submerged fill pipe" 1s defined
as any fill pipe, the discharge opening of which 1s entirely submerged
when the liquid level 1s 6 inches above the bottom of the container.
"Submerged fill pipe" when applied to a container which is loaded from
the side is defined as any fill pipe the discharge opening of which is
entirely submerged when the liquid level Is 18 Inches above the bottom
of the container.
(51.16) RULE 14. TRANSFER OF GASOLINE INTO VEHICLE FUEL TANKS
a. A person shall not transfer or permit the transfer of gasoline from
a stationary storage container subject to the provisions of Rule 13a
into any motor vehicle fuel tank of greater than 5 gallons capacity
unless such transfer is made through a fill nozzle which directs the
gasoline vapors displaced by the transfer through the fill nozzle to
a system that will prevent at least 90 percent by weight of such
gasoline vapors from entering the atmosphere.
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b. The owner or operator of any gasoline dispensing system subject to
this Rule shall comply with the provisions of this Rule by May 31,
1977 and shall comply with the following schedule:
1. On or before November 1, 1975 - Apply for an authority to con-
struct from the Air Pollution Control Officer for the instal-
lation of the needed control system.
2. On or before November 1, 1976 - Submit to the Air Pollution
Control Officer evidence that all necessary contracts for the
design, procurement, and Installation of the required emission
control system have been negotiated and signed, or evidence
that orders for the purchase of component parts necessary to
accomplish the necessary emission control have been issued.
3. On or before January 1, 1977 - Initiate on-site construction
or installation of emissions control equipment.
4. On or before May 1, 1977 - Complete on-site construction or
installation of emission control equipment; and
5. On or before May 31, 1977 - Secure the Air Pollution Control
Officer's approval of all equipment and a permit to operate.
Gasoline dispensing and vapor recovery systems used to comply with the
provisions of this Rule shall with all safety, fire, weights and mea-
sures, and other applicable codes and/or regulations.
For the purposes of this Rule, the term "gasoline" 1s defined as any
petroleum.distillate having a Reid vapor pressure of 4 pounds or greater.
For the purposes of this Rule "motor vehicle" is defined as any vehicle
registered with the California Department of Motor Vehicles.
(50.1.1) RULE 21. DUST AND CONDENSED FUMES
A person shall not discharge Into the atmosphere 1n any one hour from
any source whatsoever dust or condensed fumes in total quantities in
excess of the amount shown 1n the following table:
To use the following table, take the process weight per hour as such is
defined below. 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 contaminants into the atmosphere and which process takes 3
hours to complete, he will divide the weight of all materials in the
specific process, in this example, 1,500 Ibs., by 3 giving a process
weight per hour of 500 Ibs. The table shows that "A" may not discharge
more than 1.77 Ibs. in any one hour during the process. Where the pro-
cess weight per hour falls between figures in the left hand column, the
exact weight of permitted discharge may be interpolated.
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TABLE
Process Weight Maximum Weight Process Weight Maximum Weight
Per Hour Discharge/hr Per Hour D1scharge/hr
(Ibs) (Ibs) Qbs) (Ibs)
200 or under 1.00 3400 5.44
300 1.20 3500 5.52
350 1.35 3(500 5.61
400 1.50 3700 5.69
450 1.63 3800 5.77
500 1.77 3900 5.85
550 1.89 4000 5.93
For the purpose of this Rule, "Process weight per hour" is the total
weight of all materials introduced into any specific process which pro-
cess 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 equipment handling
such process is idle.
(51.13) RULE 22a. OPEN FIRES
A person shall not burn any combustible refuse in an open fire, except:
1. Such refuse that is generated and burned on the premises of a
single or two-family dwelling in the unincorporated area of
the County of Sacramento, State of California, situated south
of the center line of Township 7 North, or in any incorporated
city whose boundaries are situated wholly south of such center
line. The burning of putrescible waste, bedding, asphaltic
products or rubber products are excluded from this exception.
2. When such fires are set and permission for such fires is given
in the performance of the official duty of the Health Officer,
the Agricultural Commissioner, or any fire protection agency
officer where, in the opinion of the official, such fire is
necessary:
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a. For the purpose of the prevention of a fire hazard which
cannot be abated by any other means; or
b. For the instruction of public employees in the methods of
fighting fires; or
c. To control or to abate a public health hazard; or
d. To dispose of or control plant or animal pests and diseases.
3. When such fire 1s set pursuant to permit on property used for
industrial purposes for the purpose of Instruction of employees
in methods of fighting fires; or
4. When such fire 1s set and used wholly for recreational purposes;
or
5. When such fire is permitted under provisions of Regulation VII.
For the purpose of this Rule, "combustible refuse" 1s defined as any
solid or liquid combustible waste material containing carbon in a free
or combined state.
(51.9) RULE 22b. INCINERATOR BURNING
A person shall not burn any combustible refuse 1n any incinerator or
other enclosure except:
1. Such refuse that is generated and burned on the premises of a
single or two-family dwelling in the unincorporated area of the
County of Sacramento, State of California, situated south of the
center line of Township 7 North, or 1n any Incorporated city
whose boundaries are situated wholly south of such center line.
The burning of putresdble waste,bedding, rubber products, or
asphalt! c products are excluded from this exception.
2. In equipment found by the A1r Pollution Control Officer 1n ad-
vance of such use to be equally effective for the purpose of air
pollution control as an approved multiple chamber incinerator.
For the purpose of this Rule, a "multiple-chamber Incinerator" is defined
as any article, machine, equipment, contrivance, structure or part of
structure, used to dispose of combustible refuse by burning, consisting
of three or more refractory lined combustion furnaces in series, physical-
ly separated by refractory walls, Interconnected by gas passage ports or
ducts and employing adequate design parameters necessary for maximum com-
bustion of the material to be burned. The refractories shall have a
Pyrometric Cone Equivalent of at least 17, tested according to the method
described in the American Society for Testing Materials, Method C-24.
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j For the purpose of this Rule, "combustible refuse" 1s defined as any
j solid or liquid combustible waste material containing carbon 1n a free
; or combined state.
i
| (50.1) RULE 23. PARTICULATE MATTER
i Except as otherwise provided in Rules 21 and 24, a person shall not dis-
' charge into the atmosphere from any source part1culate matter in excess
; of 0.3 grain per cubic foot of gas at standard conditions.
; (50.0) RULE 24. SPECIFIC CONTAMINANTS
A person shall not discharge Into the atmosphere from any single source
of emission whatsoever any one or more of the following contaminants, In
: any state or combination thereof exceeding In concentration at the point
i of discharge:
a. SULPHUR COMPOUNDS, calculated as sulphur dioxide ($02): 0.2 percent
by volume.
: b. COMBUSTION CONTAMINANTS; 0.3 grain per cubic foot of gas calculated
to 12 percent of carbon dioxide (C02) at standard conditions. In
measuring the combustion contaminants from incinerators used to dis-
pose of combustible refuse by burning, the carbon dioxide (C0£) pro-
duced by combustion of any liquid or gaseous fuels shall be excluded
from the calculation to 12 percent carbon dioxide (C02).
For the purpose of this Rule, "combustion contaminants" are defined as
particulate matter discharged into the atmosphere from the burning of
any kind of material containing carbon in a free or combined state.
(50.4) RULE 25. ORGANIC SOLVENTS
a. A person shall not discharge into the atmosphere more than 15 pounds
of organic materials in any one day, nor more than 3 pounds in any
one hour, from any article, machine, equipment or other contrivance,
1n which any organic solvent or any material containing organic sol-
vent comes into contact with flame or is baked, heat-cured or heat-
polymerized, in the presence of oxygen, unless said discharge has
been reduced by at least 85 percent. Those portions of any series
of articles, machines, equipment or other contrivances designed for
processing a continuous web, strip or wire which emit organic mate-
rials and using operations described In this section shall be collec-
tively subject to compliance, with this section.
b. A person shall not discharge Into the atmosphere more than 40 pounds
of organic materials in any one day, nor more than 8 pounds in any
one hour, from any article, machine, equipment or other contrivance
used under conditions other than described in section (a), for employ-
ing, or applying, any photochemically reactive solvent, as defined
in section (1), or material containing such photochemically reactive
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solvent, unless said discharge has been reduced by at least 85 per-
cent. Emissions of organic materials Into the atmosphere resulting
from air or heated drying of products for the first 12 hours after
their removal from any article, machine, equipment or other con-
trivance described in this section shall be Included 1n determining
compliance with this section. Emissions resulting from baking,
heat-curing, or heat-polymerizing as described in section (a) shall
be excluded from determination of compliance with this section.
Those portions of any series of articles, machines, equipment or
other contrivances designed for processing a continuous web, strip
or wire which emit organic materials and using operations described
in this section shall be collectively subject to compliance with
this section.
c. A person shall not discharge Into the atmosphere more than 3,000
pounds of organic materials in any one day, nor more than 450 pounds
in any one hour, from any article, machine, equipment or other con-
trivance in which any non-photochem1cally reactive organic solvent
or any material containing such solvent 1s employed or applied, un-
less said discharge has been reduced by at least 85 percent. Emis-
sions of organic materials Into the atmosphere resulting from air
or heated drying of products for the first 12 hours after their re-
moval from any article, machine, equipment, or other contrivance
described in this section shall be Included in determing compliance
with this section. Emissions resulting from baking, heat-curing,
or heat-polymerizing as described in section (a) shall be excluded
from determination of compliance with this section. Those portions
of any series of articles, machines, equipment or other contrivances
designed for processing a continuous web, strip or wire which emit
organic materials and using operations described in this section
shall be collectively subject to compliance with this section.
d. A person shall not sell or offer for sale for use in Sacramento
County, 1n containers of one quart capacity or larger, any archi-
tectural coating containing photochemically reactive solvent, as
defined in section (1).
e. A person shall not employ, apply, evaporate or dry in Sacramento
County any architectural coating, purchased in containers of one
quart capacity or larger, containing photochemically reactive solvent,
as defined 1n section (1).
f. A person shall not thin or dilute any architectural coating with a
photochemically reactive solvent, as defined in section (1).
g. For the purposes of this Rule, an architectural coating is defined
as a coating used for residential or commercial buildings and their
appurtenances; or industrial buildings.
h. A person shall not during any one day dispose of a total of more than
1 1/2 gallons of any photochemically reactive solvent, as defined in
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section (1), or of any material containing more than ] 1/2 gallons
of any such photochenrically reactive solvent by any means which will
permit the evaporation of such solvent Into the atmosphere.
i. Emissions of organic materials into the atmosphere from the clean-up
with photoeheroically reactive solvent, as defined in section (1), of
any article, machine, equipment or other contrivance described in
sections (a), (b) or (c), shall be included with the other emissions
of organic materials from that article, machine, equipment or other
contrivance for determining compliance with this Rule.
j. 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 percent or more of the carbon
in the organic material being Incinerated Is oxidized to carbon
dioxide, or
2. Adsorption, or
3. Processing in a manner determined by the Air Pollution Control
Officer to be nor less effective than (1) or (2) above.
k. For the purposes of this Rule, organic solvents Include diluents
and thinners and are defined as organic materials which are liquids
at standard conditions and which are used as dissolvers, viscosity
reducers or cleaning agents, except that such materials which exhibit
a boiling point higher than 220 degrees F at 0.5 millimeter mercury
absolute pressure or having an equivalent vapor pressure shall not be
considered to be solvents unless exposed to temperatures exceeding
220 degreesF.
1. For the purposes of this Rule, a photochemically reactive solvent 1s
any solvent with an aggregate of more than 20 percent of its total
volume composed of the chemical compounds classified below or which
exceeds any of the following Individual percentage composition limi-
tations, referred to the total volume of solvent:
1. A combination of hydrocarbons, alcohols, aldehydes, esters,
ethers or ketones having an olefinlc or cyclo-olef1n1c type
of unsaturation: 5 percent.
2. A combination of aromatic compounds with eight or more carbon
atoms to the molecule except ethylbenzene; 8 percent.
3. A combination of ethylbenzene, ketones having branched hydro-
carbon structures, trichloroethylene or toluene; 20 percent.
Whenever any organic solvent or any constituent of 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
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of the most reactive chemical group; that 1s, that group having the least
allowable percent of the total volume of solvents.
m. For the purposes of this Rule, organic materials are defined as chemi-
cal compounds of carbon excluding carbon monoxide, carbon dioxide,
carbonic acid, metallic carbides, metallic carbonates and ammonium
carbonate.
n. A person Incinerating, adsorbing, or otherwise processing organic
materials pursuant to this Rule shall provide*properly Install and
maintain in calibration, 1n good working order and 1n operation,
. devices as specified in the authority to construct or the permit to
operate, or as specified by the A1r Pollution Control Officer, for
indicating temperatures, pressures, rates of flow or other operating
conditions necessary to determine the degree and effectiveness of air
pollution control.
o. Any person using organic solvents or ariy materials containing organic
solvents shall supply the A1r Pollution Control Officer, upon request
and in the manner and form prescribed by him, written evidence of the
chemical composition, physical properties and amount consumed for
each organic solvent used.
p. The provisions of this Rule shall not apply to:
1. The manufacture of organic solvents, or the transport or storage
of organic solvents or materials containing organic solvents.
2. The spraying or other employment of Insecticides, pesticides or
herbicides.
3. The employment, application, evaporation or drying of saturated
halogenated hydrocarbons or perchloroethylene.
4. The use of any material, in any article, machine, equipment or
other contrivance described 1n sections (a), (b), (c) or (i), if:
(i) The volatile content of such material consists only of
water and organic solvents, and
(11) The organic solvents comprise not more than 20 percent
by volume of said volatile content, and
(iii) The volatile content 1s not photochemically reactive as
defined in sectlon(l) and
(1v) The organic solvent or any material containing organic
solvent does not come Into contact with flame.
5. The use of any material, in any article, machine, equipment or
other contrivance described 1ri sections (a), (b), (c) or (i), if:
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(1) The organic solvent content of such material does not
exceed 20 percent by volume of said material, and
(11) The volatile content 1s not photochemically reactive as
defined in section (1) and
(111) The organic solvent or any material containing organic
solvent does not come Into contact with flame.
\
6. The use of equipment for which other requirements are specified
by Rules 11, 12, 13, 14 or 28 or which are exempt from air pol-
lution control requirements by said Rules.
q. In addition to other restrictions contained 1n these Rules and Regu-
lations:
1. A person shall not use, 1n any dry cleaning operation, organic
solvents containing 4 percent or more by volume of any photo-
chemical ly reactive organic material as defined In section (1),
unless the emissions of the discharged organics are reduced by
90 percent or more by use of any of the methods described in
section (j).
2. A person shall not discharge into the atmosphere any organic
materials from surface degreasing operations unless they are
either reduced by at least 85 percent, or unless such materials
are not photochemically reactive as defined fn section (1).
3. A person shall not manufacture, for use within Sacramento County,
nor use any photochemically reactive solvent as defined in sec-
tion (1) for the purpose of thinning or diluting any metal sur-
face coating.
(51.21) RULE 26. 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, equip-
ment or other contrivance are:
a. Incinerated at temperatures of not less than 1200 degrees Fahrenheit
for a period of not less than 0.3 second, or
b. Processed in such a manner determined by the Air Pollution Control
Officer to be equally, or more, effective for the purpose of air
pollution control than (a) above.
A person incinerating or processing gases, vapors or gas-entrained efflu-
ents pursuant to this Rule shall provide, properly Install and maintain
in calibration, in good working order and in operation devices, as speci-
fied in the Authority to Construct or Permit to Operate or as specified
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by the Air Pollution Control Officer, for indicating temperature, pres-
sure or other operating conditions. For the purpose of this Rule,
"reduction" is defined as any heated process, including rendering, cook-
ing, drying, dehydrating, digesting, evaporating and protein concentra-
ting.
The provisions of this Rule shall not apply to any article, machine,
equipment or other contrivance used exclusively for the processing of
food for human consumption.
(51.1) RULE 27. ORCHARD HEATERS
a. A person shall not sell for use within the State of California any
combustion heating device which can be used for the purpose of pro-
viding frost protection to agricultural crops, unless the design of
such device has been approved by the California Air Resources Board.
b. A person shall not use any combustion heating device for the purpose
of providing frost protection to agricultural crops, unless the de-
sign of such device has been approved by the California Air Resources
Board.
(2.0) RULE 29. CIRCUMVENTION
a. REDUCTION OR CONCEALMENT OF EMISSIONS.
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 into the at-
mosphere, reduces or conceals an emission which would otherwise con-
stitute a violation of Part 3, Division 26 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 in-
volved is of Section 41700 of the Health and Safety Code of the State
of California.
b. 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 contaminant limited in this Regulation cannot exceed the
quantity which would be the allowable emission through a single
emission point; the total emitted quantity of any such air contami-
nant shall be taken as the product of the highest concentration mea-
sured in any of the emission points and the combined exhaust gas
volume from all emission points, unless the person responsible for
the source operation establishes, to the satisfaction of the Air Pol-
lution Control Officer, the correct total emitted quantity.
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c. COMBINATION OF EMISSIONS.
1. If air contaminants from two or more source operations are com-
bined prior to emission and there are adequate and reliable
means reasonably susceptible to confirmation and use by the Air
Pollution Control Officer for establishing a separation of the
components of the combined emission to Indicate the nature, ex-
tent, quantity and degree of emission arising from each such
source operation, then all of the applicable prohibitions shall
apply to each such source operation separately.
2. 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 Part a. of the pro-
hibition, then all applicable prohibitions shall be applied to
the combined emission as if it originated in a single source
operation, subject to the most stringent limitations and re-
quirements placed by these prohibitions on any of the source
operations whose air contaminants are so combined.
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REGULATION III
PROCEDURE BEFORE THE HEARING BOARD
(2.0) RULE 31. GENERAL
This regulation shall apply to all hearings before the Hearing Board of
the Air Pollution Control District.
(2.0) RULE 32. FILING PETITIONS
a. A request for a hearing shall be Initiated by the filing of a peti-
tion in triplicate with the Hearing Board of the A1r Pollution Con-
trol District of the County of Sacramento, after service of a copy
of the petition has been made on the A1r Pollution Control Officer.
If the petitioner is the A1r Pollution Control Officer, a copy of
the petition shall be served upon the party named in the petition.
Service may be made in person or by mall, and service may be proved
by written acknowledgment of the person served or by the affidavit
of the person making the service. A fee of $75.00 shall be paid at
the time of filing of a petition for a variance, or a petition to
revoke or modify a variance.
b. 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.
c. Each petition shall be signed by the petitioner, or by some person
on his behalf, and where the person signing 1s not the petitioner
it shall set forth his authority to sign.
(2.0) RULE 33. CONTENTS OF PETITION -
Every petition shall state:
a. The name, address and telephone number of the petitioner, and the
person authorized to receive service of notice, if different there-
from.
b. Whether the petitioner 1s an Individual, partnership, corporation or
other entity, and the names and addresses of the officers, if a cor-
poration; and the names and addresses of the persons in control, if
some other entity.
c. The name, location, and type of business or activity concerned.
d. A brief description of the article, machine, equipment or other
contrivance, 1f any involved.
e. The nature of the petition which is being filed; that is, whether
the petition is being filed pursuant to Sections 40824, 41703, 42307,
42357 or any other sections of the Health and Safety Code, or to
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review the denial or conditional granting of an authority to con-
struct or permit to operate under Rule 50 of these Rules and Regula-
tions.
(5.0) RULE 34. PETITIONS FOR VARIANCES
In addition to the requirements set forth in Rule 33, 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. What period of time is needed for compliance and increments of pro-
gress if variance required exceeds one year.
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 petition-
er can comply with such requirements.
f. The advantages and disadvantages to the residents of the district re-
sulting from requiring compliance or resulting from granting a
variance.
g. Whether or not operations under such variance, if granted, would
constitute a nuisance.
h. Petitioner shall be required to set forth quarterly progress reports
toward such compliance with the statutory provision or rule or regu»-
lation for which he seeks a variance and when total compliance shall
be accomplished.
(2.0) RULE 35. FAILURE TO COMPLY WITH RULES
No petition shall be accepted by the Hearing Board for filing which does
not comply with these Rules relating to the form, filing and service of
petitions, unless the chairman or any two members of the Hearing Board
direct otherwise and confirm such direction 1n 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 fur-
ther facts or reframe a petition so as to disclose clearly the Issues
involved.
(2.0) RULE 36. ANSWERS
Any person may file an answer within 10 days after service. All answers
shall be served in the same manner as that specified for petitions under
Rule 32.
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(2.0) RULE 37. DISMISSAL OF PETITION
The petitioner may, by giving notice to the Hearing Board, dismiss his
petition at any time prior to the time set for a hearing thereof, without
a hearing or meeting of the Hearing Board. The Hearing Board shall notify
all interested persons of such dismissal.
(16.0) RULE 38. PLACE OF HEARING
All hearings shall be held at 2221 Stockton Boulevard, Sacramento 17,
California, unless some other place is designated by the Hearing Board.
(16.0) RULE 39. NOTICE OF HEARING
The Hearing Board shall give notice of the time and place of hearing
either by personal service, or by mall as provided by Section 15 of the
California Health and Safety Code, not less than 30 days prior to such
hearing. Notice shall be given to all parties to the action, including
the Air Pollution Control Officer, the Air Pollution Control Officer of
each district within the Sacramento Valley Air Basin, the California Air
Resources Board, the U.S. Environmental Protection Agency, and, where
applicable, to any other person entitled to notice under Section 40823,
40824, 40825 or 40826 of the California Health and Safety Code and shall
be sent to every newspaper of dally circulation published within Sacra-
mento County, and shall be advertised in one such newspaper.
(2.0) RULE 40. EVIDENCE
a. Oral evidence shall be taken only on oath or affirmation.
b. Each party shall have these rights: to call and examine witnesses;
to introduce exhibits; to cross-examine opposing witnesses on any
matter relevant to the Issues even though that matter was not cover-
ed in the direct examination; to Impeach any witness regardless of
which party first called him to testify; and to present rebuttal
evidence. If respondent does not testify in his own behalf he may
be called and examined as if under cross-examination.
c. The hearing need not be conducted according to technical rules relat-
ing to evidence and witnesses. Any relevant evidence shall be ad-
mitted if it is the type of evidence upon which responsible persons
are accustomed to rely 1n the conduct of serious affairs, regardless
of the existence of any common law or statutory rule which might make
improper the admission of such evidence over objection in civil ac-
tions. Hearsay evidence may be admitted for the purpose of supple-
menting or explaining any direct evidence but shall not be sufficient
in itself to support a finding unless it would be admissible over
objection in civil actions. The rules of privilege shall be effec-
tive to the same extent that they are now or hereafter may be recog-
nized in civil actions. Irrelevant and unduly repetitious evidence
shall be excluded.
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d. The Hearing Board shall allow Interested members of the public a
reasonable opportunity to testify with regard to a matter under con-
sideration. Interested persons may attend and submit oral or written
statements at the hearing; however, 1t Is desirable that written
statements be submitted to the Hearing Board five (5) days before the
hearing. Statements need not conform to formal rules of evidence.
The chairman may Impose reasonable limits on the duration of oral
presentations.
(2.0) RULE 41. PRELIMINARY MATTERS
Preliminary matters such as setting a date for hearing, granting conti-
nuances, approving petitions for filing, permitting amendments thereto
and other preliminary matters not determinative of the merits of the
case may be determined by the chairman or any two members of the Hearing
Board without a hearing or meeting of the Hearing Board and without
notice.
(2.0) RULE 42. 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 43. CONTINUANCES
The chairman or any two members of the Hearing Board shall grant any con-
tinuance of 15 days or less, which Is concurred 1n by petitioner, the Air
Pollution Control Officer and by all other persons who are party to the
action. This action may be taken without a meeting of the Hearing Board
and without prior notice.
(2.0) RULE 44. DECISION
The decision shall be in writing, served and filed within 15 days after
submission of the cause by the parties thereto and shall contain a brief
statement of facts found to be true, a 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. The decision shall include such
statements as required under Sections 40862, 42352 and 42353 of the
Health and Safety Code of the State of California and shall set forth
requirements for quarterly reports of Increments of progress and final
compliance date as required under Rule 34 herein.
(2.0) RULE 45. EFFECTIVE DATE OF DECISION
The decision shall become effective 15 days after delivering or mailing
a copy of the decision, as provided 1n Rule 44, or the Hearing Board may
order that the decision shall become effective at an earlier date.
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REGULATION IV
ENFORCEMENT
(15.0) RULE 46. AUTHORITY TO ARREST
In the performance of his duties, the Air Pollution Control Officer and
his duly authorized agents shall have the authority and immunity of Public
Officers and employees as set forth in Penal Code Section 836.5 to make
arrests without a warrant whenever he has reasonable cause to believe that
the person to be arrested has committed a misdemeanor in his presence
which is in violation of any of the Rules and Regulations of this Air Pol-
lution Control District wherein he has the authority to enforce or of any
statute which he has the authority to enforce.
(Rule 46 enacted March 1, 1971)
(3.0) RULE 70. PERMIT FEES
Every applicant, except any state or local governmental agency or public
district, for an authority to construct or a permit to operate any arti-
cle, machine, equipment, or other contrivance, the use of which may cause
the issuance of air contaminants or the use of which may eliminate or re-
duce or control the issuance of air contaminants, for which an authority
to construct or permit to operate is required by State law or by the Rules
and Regulations of the Air Pollution Control District, shall pay a filing
fee of $20.00 at the time of application.
Where an application is filed for a permit to operate any article, machine,
equipment or other contrivance, the use of which may cause the issuance
of air contaminants or the use of which may eliminate or reduce or con-
trol the issuance of air contaminants, by reason of transfer from one per-
son to another, and where a permit to operate had previously been granted
under Rule 55, and no alteration, addition or transfer of location has
been made, the applicant shall pay a $10.00 filing fee.
Where the application is for transfer of location and no alteration or
addition has been made, the applicant shall pay only the filing fee of
$20.00.
In addition to the fixed fees above, where an application is filed for a
permit to operate any article, machine, equipment or other contrivance,
the use of which may cause the issuance of air contaminants or the use of
which may eliminate or reduce or control the Issuance of air contaminants,
by reason of transfer of location or transfer from one person to another,
or both, and where a permit to operate had previously been granted for
such equipment under Rule 55, and an alteration or addition has been made
the applicant shall be assessed a fee based upon the increase in total
equivalent horsepower rating, the increase in total fuel burning require-
ment, the increase in maximum horizontal inside cross sectional area, or
the increase in total stationary container capacity resulting from such
alterations or additions, as described in the fee schedule contained
herein.
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Where an application is filed for an authority to construck or a permit
to operate, exclusively Involving revisions to the conditions of an exist-
ing permit to operate or involving alterations or additions resulting in
a change to any existing article, machine, equipment or other contrivance
holding a permit under the provisions of Rule 55 of these Rules and Regu-
lations, the applicant shall be assessed a fee based upon the increase in
total equivalent horsepower rating, the increase in total fuel burning
requirement, the increase in maximum horizontal inside cross sectional
area or the increase in total stationary container capacity resulting from
such alterations or additions as described in the fee schedule contained
herei n.
Where there is no change or is a decrease in such ratings, the applicant
chall pay only the amount of the filing fee required herein.
After the provisions for granting permits as set forth in Part 3, Division
26, of the Health and Safety Code and the Rules and Regulations have been
complied with, tha applicant shall be notified by the Air Pollution Control
Officer, in writing, of the fee to be paid ofr issuance of the permit to
operate. Such notice may be given by personal service or by deposit, post-
paid, in the United States mail and shall serve as a temporary permit to
operate for thirty days from the date of personal service or mailing. Non-
payment of the fee within this period of time shall result in the automatic
cancellation of the application.
If an application for an authority to construct or a permit to operate is
cancelled or if an authority to construct or a permit to operate 1s denied
and such denial becomes final, the filing fee required herein shall not be
refunded nor applied to any subsequent application.
In the event that a permit to operate is granted by the Hearing Board after
denial by the Air Pollution Control Officer or after the applicant deems
his application denied, the applicant shall pay the fee prescribed in the
following schedule within thirty days after the date of the decision of
the Hearing Board. Nonpayment of the fee within this period of time shall
result in automatic cancellation of the permit and the application. Such
fee shall not be charged for a permit to operate granted by the Hearing
Board for the duration of a variance.
A request for a duplicate permit to operate shall be made in writing to
the Air Pollution Control Officer within ten days after the destruction,
loss or defacement of a permit to operate. A fee of $6.00 shall be charged,
except to any State or Local govermental agency or public district, for
issuing a duplicate permit to operate.
Every applicant, except any state or local govermental agency or public dis-
trict, for a permit to operate who files an application with the A1r Pollution
Control Officer, shall, 1n addition to the filing fee prescribed herein, pay
the fee for the issuance of a permit to operate 1n the amount prescribed in
the following schedules.
It is hereby determined that the cost of issuing permits and of inspections
pertaining to such issuance exceeds the fees prescribed.
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SCHEDULE 1: HORSEPOWER
Any article, machine, equipment or other contrivance where electrical
energy is used shall be assessed a permit fee based upon the total de-
sign rated horsepower, or its horsepower equivalent in kilovolt amperes
(1KVA = 1.34 HP), of the article, machine, equipment of other contri-
vance:
The fee shall be $12.00 plus $2.50 for each
increment of 5 horsepower or portion thereof.
The fee shall not exceed $250.00.
SCHEDULE 2: FUEL BURNING REQUIREMENT
Any article, machine, equipment or other contrivance in which fuel is
burned, with the exception of incinerators which are covered in Sche-
dule 3, shall be assessed a permit fee based upon the design fuel con-
sumption of the article, machine, equipment or other contrivance ex-
pressed in British Thermal Units (BTU) per hour, using gross heating
values of the fuel:
The fee shall be $12.00 plus $1.00 for each
increment of 100,000 BTU/hr or portion thereof.
The fee shall not exceed $250.00.
SCHEDULE 3: INCINERATORS
Any article, machine, equipment or other contrivance designed and used
primarily to dispose of combustible refuse by wholly consuming the mate-
rial charged leaving only the ashes or residue shall be assessed a per-
mit fee based on the following schedule of the maximum horizontal inside
cross sectional area, in square feet, of the primary combustion chamber:
The fee shall be $35.00 plus $5.00 for each
increment of 5 square feet or portion thereof.
The fee shall not exceed $250.00.
SCHEDULE 4: STATIONARY CONTAINERS
Any stationary tank, reservoir, or other container shall be assessed a
permit fee based on the following schedule of capacities in gallons or
cubic equivalent:
The fee shall be $9.00 plus $1.00 for each
increment of 10,000 gallons or portion thereof.
The fee shall not exceed $250.00.
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SCHEDULE 5: MISCELLANEOUS
Any article, machine, equipment or other contrivance which is not included
in the preceding schedules, including equipment with no rating, shall be
assessed a permit fee of $20.00.
IT IS FURTHER ORDERED that Rule 71 of the Regulation VI, Fees, is amended
to read as follows:
(16.0) RULE 71. HEARING BOARD FEES
a. Every applicant or petitioner to the Hearing Board for a variance,
or for the extension, revocation or modification of a variance, or
for an appeal from a denial or conditional approval of an authority
to construct or permit to operate, except any state or local govern-
mental agency or public district, shall pay a fee in the sum of
$75.00 at the time of filing his petition or application. It 1s
hereby determined that the cost of administration of Article 2,
Chapter 4, Part 4, Division 26, Health and Safety Code, or Rule 58
of these Rules and Regulations, exceeds $75.00 per petition.
b. Any person requesting a transcript of the hearing shall pay the
cost of such transcript.
c. Section a. of this Rule shall not apply to petitions filed by the
Air Pollution Control Officer.
(9.0) RULE 72. ANALYSIS FEES
Whenever the Air Pollution Control Officer finds that an analysis of the
emission from any source is necessary to determine the extent artd amount
of pollutants being discharged into the atmosphere which cannot be deter-
mined by visual observation, he may offer the collection of samples and
the analysis made by qualified personnel of the Air Pollution Control
District. 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 Pollu-
tion Control Officer, which said sum is not to exceed the actual cost of
such work.
(3.0) RULE 73. EXCEPTIONS: OPERATING PERMIT FEES
Every application, except any state or local governmental agency or public
district, for permit to conduct an activity as defined in, and pursuant
to, Rule 30, shall pay a filing fee of $200.00 at the time of application.
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REGULATION VII
AGRICULTURAL BURNING
(3.0) RULE 90. AGRICULTURAL BURNING PERMITS
(51.13)
A person shall not set fires for, or allow burning, for the purpose of
disposal of agricultural waste unless he has a valid permit from an
agency listed in Rule 98 of these Rules and Regulations, and conducts
such burning under conditions set forth in such permit. Such person or
his representative shall have the permit available for inspection at the
burn site during the burn.
(3.0) RULE 91. PERMIT FORM
Permits issued pursuant to Rule 90 shall contain the following conditions
and information:
a. Name, address and telephone number of the permittee;
b. Location of the proposed burning;
c. Acreage (for field crops) or estimated tonnage of material to be
burned;
d. Nature of the waste to be burned;
e. Such limitations as to hours of burning and acreage to be burned per
day as specified in Rules 94 and 95 of these Rules and Regulations;
f. The statement "this permit shall be valid only on those days in which
burning in Sacramento County is not prohibited by the California Air
Resources Board, except as authorized by the Air Pollution Control
Officer."
g. Such other conditions and information as may be required by the
agency issuing this permit and these rules.
(51.13) RULE 92. "NO BURN" DAYS
A person shall not set fire, or allow agricultural burning, on days
within a period prohibited by the California Air Resources Board, pur-
suant to Section 41855 of the California Health and Safety Code, except
as authorized by the Air Pollution Control Officer under Rule 96 below.
(51.13) RULE 93. PREPARATION OF AGRICULTURAL WASTE
A person shall not set fires for, or allow the burning of agricultural
waste unless such waste is prepared in the following manner:
a. Free of material other than agricultural vegetation refuse or other
unwanted agricultural plant material growing or produced on the
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premises on which such burning is taking place;
b. Reasonably free of soil and visible surface moisture;
c. For rice crop residue:
1. Allowed to dry for a minimum of three (3) days for spread
straw;
2. Allowed to dry for a minimum of ten (10) days for unspread
straw;
3. Sections c.l and 2 above shall not apply if a composite
sample of the straw to be burned makes an audible crackle
when bent sharply.
4. After a rain, straw shall not be burned unless a composite
sample of the straw to be burned makes an audible crackle
when bent sharply.
A composite sample of straw shall be that straw taken from under the mat,
in the center of the mat and from different areas of the field.
d. For other agricultural waste:
1. Allowed to dry a minimum of thirty (30) days for trees, stumps
and large branches greater than six (6) Inches in diameter.
2. Allowed to dry a period of time sufficient to provide effective
combustion, for any collection of primings, small branches, and
other field crop residue.
e. Physically arranged so that it will burn with a minimum of air pol-
lutants.
(51.13) RULE 94. LIMITATION ON DAILY BURNING RATE
The Air Pollution Control Officer will insure that no more than 4000
acres of field crop residue and 10,000 tons of other agricultural waste
will be burned in any one day, except as provided under Rule 95 and
Rule 96 below.
(51.13) RULE 95. OTHER BURNING LIMITATIONS
a. A person shall not set a fire for the purpose of burning agricultu-
ral waste earlier than 10:00 a.m. or after 3:00 p.m. Pacific Stand-
ard Time of 5:00 p.m. Pacific Daylight Time on any day.
b. A person shall not, except as provided 1n Rule 96(b), set a fire for
the purpose of the disposal of agricultural waste within the follow-
ing described area when the predicted winds are from any direction
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within 90 degrees of true north, to wit: commencing at a point where
the Sacramento and American Rivers merge; then north along the Sacra-
mento River to the point where the river Intersects the Sacramento-
Sutter County borderline; then east along said Sacramento-Sutter
County Borderline to a point where said line intersects the main rail-
road line of the Western Pacific Railroad, which line runs north from
the City of Sacramento to Sutter County; then south along said rail-
road line to a point where intersection is made with the American
River; then west along the American River to the point of beginning.
c. The Air Pollution Control Officer shall insure that no more than
1250 acres of rice crop residue will be burned per day between
October 1 and November 15, inclusive.
d. A person shall not ignite or allow to be ignited field crop residue
except by strip firing into the wind, or backfiring methods, unless
preluded by extreme fire hazard conditions.
(3.0) RULE 96. EMERGENCY PERMITS
(8.0)
a. The Air Pollution Control Officer may, by written permit, authorize
the burning of agricultural waste in greater amounts than specified
in Rule 94, or on no-burn days otherwise prohibited by Rule 92, or
under conditions prohibited by Rule 95(b), if the denial of such
permit would threaten imminent and substantial loss.
b. The Air Polluction Control Offier may authorize 600 acres per day
of field crop reisdue to be burned on a burn day when predicted winds
are within 90 degrees of true north, in an area where such burning is
otherwise precluded by these rules when, in his opinion, such burning
in necessary to preclude hazards on public thoroughfares or airports
due to smoke. Befor authorization may be granted a written request
to burn must be submitted through the appropriate fire protection agency
stating the reasons why burning is necessary to preclude hazards on pub-
lic thoroughfares or airports due to smoke.
(51.13)RULE 97. AGRICULTURAL WATERWAY DELIVERY AND DRAINAGE SYSTEMS
This Rule shall not apply to privately owned water delivery or drainage
ditches which are subject to Rule 93.
Open outdoor fires utilized to maintain levees or drainage ditches deliv-
ering water to or from agricultural operations are considered to be agri-
cultural operations, and will comply with the same requirements as agri-
cultural burning except as further restricted below:
a. Any open fire burning on levees will be conduted between July 1 and
September 30 inclusive, except that the Air Pollution Control Officer
may authorize an exception at any other time when necessary to pre-
clude a hazardous condition.
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b. Each reclamation or levee maintenance district shall obtain an agri-
cultural burn permit from the appropriate fire protection agency for
the locations of any burn, and such fire protection agency will be
notified on any day prior to burning.
c. For purposes of this Rule, the American Riv er is not considered a sys-
tem for the delivery of water for agricultural use. This exemption is
made in consideration of the development of the American River Parkway
and use of the river and adjacent areas by the general public as a rec-
reational facility.
d. For purposes of this Rule, water delivery systems within the geogra-
phical limits of the City of Sacramento are not considered systems
for the delivery of water for agricultural use. This exemption is
made in consideration of the density of population within the geo-
graphical area of the City of Sacramento and potential fire hazards
and smoke nuisance that may result from agricultural burning.
(3.0) RULE 98. PERMITS BY FIRE PROTECTION AGENCIES
All public fire protection agencies having areas of jurisdiction within
the County of Sacramento are authorized to Issue agricultural burning
permits within the County of Sacramento under Rule 90 of these Rules and
Regulations. A permit may be issued by the Air Pollution Control Officer,
subject to restrictions of the fire protection district in which such
burning would occur.
(1.0) DEFINITIONS
For the purpose of Regulation VII "agricultural operations" means the
growing of crops or raising of fowl or animals for the primary purpose
of making a profit or for a livelihood and forest management or range
improvement.
For the purpose of Regulation VII "agricultural burning" means:
(1) Open outdoor fires used in agricultural operations, in the growing
of crops or raising of fowl or animals, forest management or range
improvement;
(2) Open outdoor fires used in the operation or maintenance of a system
for the delivery of water for the purposes specified in subdivision
(1) above.
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REGULATION VIII
MISCELLANEOUS PROVISIONS
(2.0) RULE 111. DISCLOSURE OF DATA
The Air Pollution Control Officer shall, upon due notice, make the fol-
lowing data and Information available to the public and other authorized
governmental agencies for examination and provide copies thereof when
appropriate:
a. Data concerning measurements of air pollutant concentrations in the
outside atmosphere;
b. Information and data disclosed in public hearings, meetings and open
courts of law;
c. Information and data authorized by Chapter 3.5 of Division 7 of the
Government Code (Inspection of Public Records, Section 6250 et seq.)
and amendments thereto that may be made from time to time. Such in-
formation and data shall Include source emission test data, provided
however, that the release of any Information or data that is alleged
by a person or entity owning said Information or data 1s a trade
secret shall be governed by the provision of subsection d of this
Rule 111.
d. In accordance with the provisions contained in Section 6254.7 (d) of
the Government Code all air pollution emission data, whether declared
to be a trade secret or not, are public records and may be released
by the Air Pollution Control Officer as provided in this Rule 111.
Provided, however, that the Information and data which constitutes
a trade secret and are used to calculate the end product trade secret
emissions data are not public records.
(10.0) RULE 112. NEW SOURCE PERFORMANCE STANDARDS
All new sources of air contaminants and all modified existing sources
shall, to the extent required therein, comply with the provisions of
Appendix A of these Rules and Regulations, which Appendix A by this
reference is made a part hereof, (copies of Appendix A may be obtained
from the Air Pollution Control Officer.)
(11.0) RULE 113. NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
All sources of hazardous air pollutants shall, to the extent required
therein, comply with the provisions of Appendix B of these Rules and
Regulations, which Appendix B by this reference 1s made a part hereof.
(copies of Appendix B may be obtained from the Air Pollution Control
Officer.)
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