U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-296 660
Air Pollution Regulations in State
Implementation Plans: California,
Calaveras County
Abcor, Inc, Wilmington, MA Walden Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NC Control
Programs Development Div
Aug 78
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PB 296660
United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
EPA-450/3-78-054-3
August 1978
Air
Pollution Regulations
in State implementation
ras County
REPRODUCED BY
NATIONAL TECHNICAL
INFORMATION SERVICE !
U. S. DEPARTMENT OF COMMERrF 1
SPRINGFIELD. VA. 22161 '
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TECHNICAL REPORT DATA
(Please read Instructions on the reverse before completing)
REPORT NO.
EPA-450/3-78-054-3
3. RECIPIENT'S ACCESSIOfWMO. ,, ,
__._. TB J2^1 £ k £> O
. TITLE ANDSUBTITLE
Air Pollution Regulations in State Implementation i
Plans: California Calaveras County
5. REPORT DATE
August 1978
6. PERFORMING ORGANIZATION CODE
/ AUTHOH(S)
8. PERFORMING ORGANIZATION REPOR7 NO.
PERCORMING ORGANIZATION NAME AND ADDRESS
Walden Division of Abcor, Inc.
Wilmington, Mass.
12. SPONSORING AGENCY NAME AND ADDRESS
Control Programs Development Division
Office of Air Quality Planning and Standards
Office of Air, Noise, and Radiation
Research Triangle Park, NC 27711
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT NO.
68-02-2890
13. TYPE OF REPORT AND PERIOD COVERED
14. SPONSORING AGENCY CODE
15. SUPPLEMENTARY NOTES
EPA Project Officer: Bob Schell, Control Programs Development Division
16. ABSTRACT
This document has been produced in compliance with Section 110(h)(l) of the Clean Air
Act amendments of 1977. The Federally enforceable regulations contained in the State
Implementation Plans (SIPs) have been compiled for all 56 States and territories
(with the exception of the Northern Mariana Islands). They consist of both the
Federally approved State and/or local air quality regulations as indicated in the
Federal Register and the Federally promulgated regulations for the State, as
indicated in the Federal Re9]-;ter. Regulations which fall into one of the above
categories as of January 1,1978, have been incorporated. As mandated by Congress,
this document will be 'updated annually. State and/or local air Quality regulations
which have not been Federally approved as of January 1, 1978, are not included here;
omission of these regulations from this document in no way affects the ability of
the respective Federal, State, or local agencies to enforce such regulations.
17.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
Air pollution
Federal Regulations
Pollution
State Implementation Plans
18. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
b.lDENTIFIERS/OPEN ENDED TERMS C. COSATI Field/Group
19. SECURITY CLASS (This Report)
Unclassified
20. SECURITY CLASS (Thispage)
Unclassified
21.
22. PRICE
EPA Form 2220-1 (9-73)
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EPA-450/3-78-054-:
Air Pollution Regulations
in State Implementation Plans:
California
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-450/3-78-054-3
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INTRODUCTION
This document has been produced in compliance with Section 110(h)(1)
of the Clean Air Act Amendments of 1977. The Federally enforceable
regulations contained in the State Implementation Plans (SIPs) have been
compiled for all 56 States and territories (with the exception of the
Northern Mariana Islands). They consist of both the Federally approved
State and/or local air quality regulations as indicated in the Federal
Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of
the above categories as of January 1, 1978, have been incorporated. As
mandated by Congress, this document will be updated annually. State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.
There have been recent changes in the Federal enforceability of
parking management regulations and indirect source regulations. The
October, 1977, appropriation bill for EPA prohibited Federal enforcement
of parking management regulations in the absence of specific Federal
authorizing legislation. Federally promulgated parking management
regulations have, therefore, been suspended indefinitely. Pursuant to
the 1977 Clean Air Act Amendments, indirect source regulations may not
be required for the approval of a given SIP. Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted indirect source regulations Contained in an applicable SIP
are Federally enforceable. More importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded, operated, or owned facilities or projects. Therefore, the
Federally promulgated indirect source regulations appearing in this
document are not enforceable by EPA except as they relate to Federal
facilities.
Since State air quality regulations vary widely in their organization,
content, and language, a standardized subject index is utilized in this
document. Index listings consist of both contaminant and activity oriented
categories to facilitate usage. For example, for regulations which apply
to copper smelters, one might look under sulfur compounds (50.2), particu-
late matter process weight (50.1.1), or copper smelters (51.15). Federal
regulations pertaining to a given State immediately follow the approved
State and local regulations.
Additionally, a summary sheet of the information included in each
comprehensive document is presented prior to the regulatory text to
allow one to quickly assess the contents of the document. Specifically,
the summary sheets contain the date of submittal to EPA of each revision
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to the SIP and the date of the Federal Register in which the revision
was either approved or disapproved by EPA. Finally, a brief description
or reference of the regulation which was submitted is also included.
This document is not intended to provide a tool for determining .
the enforceability of any given regulation. As stated above, it is
intended to provide a comprehensive compilation of those regulations
which are incorporated directly or by reference into Title 40, Part 52,
of the Code of Federal Regulations. Consequently, the exclusion of a
Federally approved regulation from this document does not diminish the
enforceability of the regulation. Similarly, the inclusion of a given
regulation (for example, regulations governing pollutants, such as odors,
for which there is no national ambient air quality standards) in this
document does not, in itself, render the regulation enforceable.
IV
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SUMMARY SHEET
OF
ERA-APPROVED REGULATION CHANGES
CALAVERAS COUNTY
Submittal Date
6/30/72
Approval Date
9/22/72
7/25/73
5/11/77
7/22/75
8/22/77
Description
New set of Regs, sub-
mitted with numerous
changes all approved.
(Note: superceded by
5/11/77 F.R. Action
except 105, 106, 110,
407(b), 408, 409, 409.1,
409.2, 412, 413)
Rules I, II, III, IV
(Note: Rule 407(b),
412, 413, 209, disap-
proved, 407(b), 412,
413, 408 submitted on
6/30/72 still in effect).
New rules in effect; 102,
201-215, 301-323, 401-403,
405-408, 409, 601-604 and
700-717. (Note: Rules
201-213, 407tbT, 408, 412
and 413 submitted on
6/30/72 are still in ef-
fect).
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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
VI
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50.2 SULFUR COMPOUNDS
50.3 NITRIC OXIDES
50.4 HYDROCARBONS
50.5 CARBON MONOXIDE
50.6 ODOROUS POLLUTANTS
50.7 OTHERS (Pb, Hg, etc.)
51.0 SOURCE CATEGORY SPECIFIC REGULATIONS
51.1 AGRICULTURAL PROCESSES (includes Grain Handling, Orchard Heaters,
Rice and Soybean Facilities, Related Topics)
51.2 COAL OPERATIONS (includes Cleaning, Preparation, Coal Refuse
Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
51.3 CONSTRUCTION (includes Cement Plants, Materials Handling, Topics
Related to Construction Industry)
51.4 FERROUS FOUNDRIES (includes Blast Furnaces, Related Topics)
51.5 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Particulates
(includes Fuel Content and Other Related Topics)
51.6 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (includes
Fuel Content and Other Related Topics)
51.7 FUEL BURNING EQUIPMENT (oils natural gas, coal) - N02 (includes
Fuel Content and Other Related Topics)
51.8 HOT MIX ASPHALT PLANTS
51.9 INCINERATION
51.10 NITRIC ACID PLANTS
51.11 NON-FERROUS SMELTERS (Zn, Cu, etc.) - Sulfur Dioxide
51.12 NUCLEAR ENERGY FACILITIES (includes Related Topic)
51.13 OPEN BURNING (includes Forest Management, Forest Fire, Fire
Fighting Practice, Agricultural Burning and Related Topics)
51.14 PAPER PULP; WOOD PULP AND KRAFT MILLS (includes Related Topics)
51.15 PETROLEUM REFINERIES
51.16 PETROLEUM STORAGE (includes Loading, Unloading, Handling and
Related Topics)
51.17 SECONDARY METAL OPERATIONS (includes Aluminum, Steel and Related
Topics)
51.18 SULFURIC ACID PLANTS
51.19 SULFURIC RECOVERY OPERATIONS
51.20 WOOD WASTE BURNERS
51.21 MISCELLANEOUS TOPICS
vn
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TABLE OF CONTENTS
Revised Standard
Subject Index
-
(2.0)
(1.0)
-
(2.0)
(50.1.2)
(2.0)
(50.1.2)
(50.6)
(51.9)
(50.1)
(51.1)
(50.2)
(50.1.1)
(50.1.1)
(51.16)
(51.21)
(15.0)
-
(51.13)
(2.0)
CALAVERAS
Reg- Rule
Number
Reg I
Rule 101
102
Reg II
Rule 201
202
203
204
205
206
207
208
210
211
212
213
214
215
Reg III
Rule 301
302
COUNTY REGULATIONS
Title
— •- ••«__«,
Definitions
Title
Definitions
Prohibitions
District- Wide Coverage
Visible Emissions
Exceptions
Wet Plumes
Nuisance
Incincerator Burning
Particulate Matter
Orchard or Citrus Heaters
Sulfur Emissions
Process Weight Per Hour
Process Weight Table
Storage of Petroleum Products
Reduction of Animal Matter
Enforcement
Open Burning
Open Outdoor Fires
Exceptions to Rule 301
Page
1
1
1
5
5
5
5
6
6
6
7
7
7
7
8
9
9
10
11
11
11
vm
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Revised Standard
Subject Index
(51.13)
(2.0)
(3.0)
(51.13)
(2.0)
(51.13)
(51.13)
(51.13)
(51.13)
(51.13)
(51.13)
(2.0)
(51.13)
(51.13)
(51.13)
(51.13)
(51.13)
(51.13)
(51.13)
(15.0)
(15.0)
Reg- Rule
Number
Rule 303
304
305
306
307
308
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
Reg IV
Title
Burning Permits
Exception to Rule 303
Permit Validity
No-Burn Days
Exceptions to Rule 306
Burning Reports
Amount Burned Daily
Approved Ignition Devices
Restricted Burning Days
Wind Direction
Minimum Drying Times
Exception to Rule 313
Page
12
13
13
13
13
14
14
14
14
14
15
15
Preparation of Material to be Burned 15
Burning of Agricultural Waste 15
Range Improvement Burning 15
Forest Management Burning 16
Open Burning of Wood Waste on 16
Property Where Grown
Right-of-Way Clearing and Levee, 16
Ditch and Reservoir Maintenance
Burning
Hazard Reduction Burning 17
Enforcement Responsibility 17
Penalty 17
Permit Systems Conditions 19
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Revised Standard
Subject Index
(2.0)
(9.0)
(3.0)
(2.0)
(14.0)
-
(2.0)
(13.0)
(16.0)
(3.0)
-
(2.0)
(2.0)
(2.0)
(2.0)
(5.0)
(2.0)
(2.0)
(2.0)
(2.0)
(16.0)
(16.0) -
(2.0)
Res- Rule
Number
Rule 401
402
403
405
409
Reg VI
Rule 601
602
603
604
Reg VII
Rule 700
701
702
703
704
705
706
707
708
709
710
711
Title.
Responsibility
Authority to Inspect
Responsibility of Permittee
Separation of Emissions
Public Records
Fees
Analysis Fees
Technical Reports - Charges For
Hearing Board Fees
Permit Fee Schedules
Procedure Before the Hearing Board
Applicable Articles of the Health
and Safety Code
General
Filing Petitions
Contents of Petitions
Petitions for Variances
Appeal for Denial
Failure to Comply with Rules
Answers
Dismissal of Petition
Place of Hearing
Notice of Hearing
Evidence
Page
19
19
19
19
21
22
22
22
22
22
28
28
28
28
28
29
29
29
30
30
30
30
30
-------
Revised Standard
Subject Index
(2.0)
(2.0)
(2.0)
(2.0)
(2.0)
(3.0)
-
(3.0)
(2.0)
(3.0)
(3.0)
(3.0)
(3.0)
(3.0)(9.0)
(3.0)
(3.0)
(3.0)
(3.0)
(3.0)
(3.0)06.0)
(50.0)
(5l!7)
(51.16)
(51.16)
Reg-Rule
Number
Rule 712
713
714
715
716
717
Reg II
Rule 201
202
203
204
205
206
207
208
209
210
211
212
213
407
408
412
413
Title
Preliminary Matters
Official Notice
Continuances
Decision
Effective Data of Decision
Lack of Permit
Permits
Permits Required
Exemptions
Transfer
Applications
Cancellation of Construction Permit
Action on Applications
Provision of Sampling and Testing
Facilities
Standards for Granting Applications
Conditional Approval
Denial of Applications
Further Information
Application Deemed Denied
Appeals
Specific Contaminants
Fuel Burning Equipment
Organic Liquid Loading
Effluent Oil Water Separators
Page
31
31
31
31
32
32
33
33
34
35
35
36
36
36
36
37
37
37
37
37
38
38
39
39
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REGULATION I DEFINITIONS
(2.0) RULE 101 Title:
These rules and regulations shall be known as the Rules and Regulation of
the Calaveras County Air Pollution Control District.
(1.0) RULE 102 Definitions:
Except as otherwise specifically provided in these Rules, and except
where the context otherwise indicated, words used in these Rules are
used in exactly the same sense as the same words are used in the Health
& Safety Code of the State of California.
A. Air Pollution Control Officer. The Air Pollution Control Officer of
the Air Pollution Control District of Calaveras County.
B. Agricultural Burning. Any open outdoor fire used in agricultural
operations in the growing of crops or raising of fowls or animals,
or in forest management or range-improvement; or used in the improve-
ment of land for wildlife and game habitat.
C. Agricultural Operation. The growing and harvesting of crops, or
raising of fowls or animals for the primary purpose of making a
profit, or providing a livelihoods or the conduction of agricultural
research or instruction by an educational institution.
D. Agricultural Hastes. Are (a)9 unwanted or unsellable materials pro-
duced wholly from agricultural operations and, (b), materials not
produced from agricultural operations, but which are intimately re-
lated to the grower or harvesting of crops and which are used in
the field, such as fertilizer and pesticide sacks or containers
where the sacks or containers are emptied in the field. This does
not include, however, such items as shop wastes, demolition materials,
garbage, oil filters,, tires, pallets, and the like.
E. Air Contaminant or Pollutant. Includes smokes dust, charred papers,
soot, grime, carbon, noxious acids, fumes, gases, odors, or partic-
late matter, or any combination thereof.
F. Alteration. Any addition to, enlargement of, 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 of effect the
kind or amount of air contaminants emitted.
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6. Approved Ignition Devices. Means those instruments or materials
that will ignite open fires witnout the production of black smoke by
the ignition device. This would include such items as liquid pe-
troleum gas (L.P.G.), butane, propane, or diesel oil burners; or
flares; or other similar material as approved by the Air Pollution
Control Officer. This does not include tires, tar, tar paper, oil
and other similar materials.
H. A.R.B. The State Air Resources Board, or any person authorized to
act on its behalf.
I. Atmosphere. The air that envelops or surrounds the earth. Where
air pollutants are emitted into a building not designed specifically
as a piece of air pollution control equipment, such emissions into
the building shall be considered to be an emission into the atmos-
phere.
0. Board. The Calaveras County Air Pollution Control Board.
K. Brush Treated. The material has been felled, crushed or up-rooted
with mechanical equipment, or has been desicated with herbicides.
L. Combustible or Flammable Haste. Means any garbage, rubbish, trash,
rags, paper, boxes, crates, excelsior, ashes, offal, carcass of a
dead animal, petroleum product waste or any other combustible or
flammable refuse material.
M. Combustion Contaminant. Any particulate matter discharged into the
atmosphere from the .burning of any material which contains carbon in
either the free or the combined state.
N. Condensed Fumes. Particulate matter generated by the condensation
of vapors evolved after voltilination from the molten or liquid
state, or generated by sublimation, distillation, calcination or
chemical reation, when these processes create airborne particles.
0. Designated Agency. Any agency designated by the ARB and Calaveras
County Air Pollution Control District as having authority to issue
Argicultural Burn Permits.
P. District. Is the Air Pollution Control District of Calaveras County.
Q. Dust. Minute solid particles released into the air by natural forces
or by mechanical processes such as crushing, grinding, milling,
drilling, demolishing, shoveling, conveying, covering, bagging,
sweeping, or other similar processes.
-2-
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R. Emission. The act or releasing or discharging air contaminants
into the ambient air from any sources.
S. Emission Data. Are measured or calculated concentrations or weights
of air contaminants, used or capable of being used for the purpose
of giving protection from frost damange.
HH. Owner or Operator. Means any person who owns, leases, operates,
controls or supervises an affected facility, or a stationary source
of which an affected facility is a part.
II. Particulate Matter. Is any material except uncombined water, which
exists in a finely divided form as a liquid or solid at standard con-
ditions.
JJ. Permissive Burn Day. Means any day on which agricultural burning is
not prohibited by the A.R.B.
KK. Person. Any person, firm, association, organization, partnership,
business trust, corporation, company, contractor, supplier, in-
staller, operator, user or owner, any government agency or public
district or any officer or employee thereof.
LL. PPM. Parts per million by volume expressed on a dried gas basis.
MM. Process Weight Per Hour. The total weight, including contained
moisture, of all materials introduced into any specific process,
which process may cause any discharge into the atmosphere. Solid
fuels charged will be considered as part of the process weight, but
liquid and gaseous fuels and combustion air will not. (The Process
Weight Per Hour will be derived by dividing the total Process Weight
by the number of hours in one complete operation from the beginning
of any given process to the completion thereof, excluding any time
during which the equipment is idle).
NN. Public Record. Means any record made available to the public by law
containing information relating to the conduct of the public's
business that is prepared, owned, used or retained by the District,
except "trade secrets" as defined in RULE 409 C, Regulation IV.
00. Range Improvement Burning. Means the use of open fires to remove
vegetation for a wildlife, game of livestock habitat or for the
initial establishment of an agricultural practice on previously
uncultivated land.
PP. Record. Means handwriting, typewriting, printing, photostating,
photographing, and every other means of recording upon any form of
communication or representation, including letters, words, pictures,
sounds, or symbols,, or any combination thereof, and all papers, maps
-3-
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magnetic or paper tapes, photographic films and prints, magnetic
or punched cards, drums, and other documents.
QQ. Residential Rubbish. Rubbish originating from a single or two
family dwelling on it's premises, limited to the following material:..
wood, paper, cloth, cardboard, tree trimmings, leaves, lawn clip-
ings and dry plants.
RR. Source Operation. The last operation preceding the emission of an
air contaminant, which operation (a) results in the separation of
the air contaminants from the process materials or in the conversion
of the process materials into air contaminants, as in the case of
combustion of fuel; and (b) is not an air pollution abatement
operation.
SS. Section. Refers to a section of the Health and Safety Code of the
State of California unless some other statute is specifically men-
tioned.
TT. Silvicultural Practices. Means the establishment, development,
care and reproduction of stands of timber.
UU. Solid Waste Dump. Means any accumulation for the purpose of dis-
posal of any solid waste.
VV. Standard Conditions. As used in these regulations, "Standard
Conditions" are a gas temperature of 60 degrees Fahrenheit and a
gas pressure of 14.7 pounds per square inch absolute. Results of
all analyses and tests shall be calculated and reported at this
gas temperature and pressure.
WW. Standard Cubic Foot of Gas. The amount of gas that would occupy a
volume of one (1) cubic foot, if free of water vapor, at standard
conditions.
XX. Timber Operations. Means cutting or removal of timber or other
forest vegetation.
YY. Total Reduced Sulfur (TRS). Total reduced sulfur contained in
hydrogen sulfide, mercaptans, dimethyl sulfide, dimethyl disulfide
or other organic sulfide compounds, all expressed as hydrogen sul-
fide. Sulfur dioxide, sulfur trioxide, or sulfuric acid are not
to be included in the determination of TRS.
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REGULATION II PROHIBITIONS
(2.0) RULE 201 District-Hide Coverage.
Prohibitions, as set forth in this Regulation shall apply in all portions
of the Calaveras County Air Pollution Control District unless otherwise
stated.
(50.1.2) RULE 202 Visible Emissions.
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 (3) minutes in any one (1) hour which is:
A. As dark or darker in shade as that designated as No. 1 on the
Ringelmann Chart, as published by the United State 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 (1) of this
section.
(2.0) RULE 203 Exceptions.
The provisions.of RULE 202 do not apply to:
A. Smoke from fires set or permitted by any public fire officer, if
such fire is set by or permission given in the performance of the
official duty of such officer, and such fire in the opinion of such
officer is necessary:
1. for the purpose of the prevention of a fire hazard (or health
hazard as determined by the Health Officer), which cannot be
abated by any other means; or
2. the instruction of public employees and/or volunteer firemen
in the methods of fighting fires.
B. Smoke from fires set pursuant to permit on property used for in-
dustrial purposes for the purpose of instruction of employees in
methods of fighting fires.
C. Open outdoor fires used for recreational purposes or for cooking
of food for human consumption.
D. The use of an experimental device, system or method to study or
research open burning authorized by Chapter 10 of Division 26 of
the California Health and Safety Code and these Rules and Regu-
lations.
-5-
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E. Agricultural Operations.
fowl or animals.
In the growing of crops or raising of
F. . Use of any aircraft to distribute seed, fertilizer, insecticides,
or other agriculture aids over lands devoted to the growing of
crops, or the raising of fowl or animals.
G. The use of other equipment in agriculture operation in the growing
of crops, or the raising of fowl or animals.
H. Orchard or citrus grove heaters that are on the approved list pub-
lished by the State Air Resources Board. (Section 39298.7)
I. The governing board of the district may by rule provide for the
issuance by the Air Pollution Control Officer of permits for open
burning. The provisions of RULE 202 do not apply to smoke from
fires set pursuant to such permit. (Health and Safety Code Section
24245.1) , ,
J. Smoke of fumes which result from acts of God.
(50.1.2) RULE 204 Wet Plumes.
Where the presence of uncombined water is the only reason for the fail-
ure of an emission to meet the limitation of RULE 202, that rule shall
not apply. The burden of proof which establishes the application of
this rule shall be upon the person seeking to come within its pro-
visions.
(50.6) RULE 205 Nuisance.
A person shall not discharge from any source whatsoever such quantities
of air contaminants or other material which cause injury, detriment,
nuisance or annoyance to any considerable number of persons or to the
public or which endanger the comfort, repose, health or safety of any
such persons or the public or which cause to have a natural tendency
to cause injury or damage to business or property.
Exception: The provisions of RULE 205 do not apply to odors
emanating from agriculture operations in the growing of crops
or raising of fowl or animals.
(51.9) RULE 206 Incinerator Burning.
Except for the burning of residential rubbish, as defined in RULE 102
QQ., a person shall not burn any combustible or flammable waste in any
incinerator within the boundaries of the Calaveras County Air Pollution
Control District except in a multiple-chamber incinerator as defined in
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RULE 103 CC., or in equipment found by the Air Pollution Control Of-
ficer to be equally effective for the purpose of air pollution control.
(50.1) RULE 207 Particulate Matter.
A person shall not release or discharge into the atmosphere from any
source or single processing unit whatsoever, dust, fumes, or particu-
late matter emissions in excess of 0.1 grains per cubic foot of gas
at standard conditions.
(51.1) RULE 208 Orchard or Citrus Heaters.
A. Section 39298.7 et. seq., Article 4, Chapter 10, Part 1, Div-
ision 26 of the California Health and Safety Code is by re-
ference a part of these Rules and Regulations. (Revised 1970)
B. All orchard heaters shall be maintained in reasonably clean
conditions good repair and working order. Whenever orchard
heaters are burning they must be adequately attended and super-
vised to maintain the condition, adjustment and proper operation
of the orchard heaters.
C. It shall be unlawful for any person, for the purpose of frost
protection to burn any rubber, rubber tires, or other substance
containing rubber, or to burn oil or other combustible substances
in drums, pails, or other containers except orchard heaters.
(50.2) RULE 210 Sulfur Emissions.
A person shall not discharge into the atmosphere from any single source
of emission whatsoever, any one or more of the contaminants, in any
sulfur combination thereof, exceeding in concentration at the point of
discharge:
A. Sulfur compounds calculated as sulfur dioxide (S02) 0.2 percent,
by volume.
B. Total reduced sulfur: Pending further investigation into a rule
which will be applicable to the Mountain Counties Air Basin.
(50.1.1) RULE 211 Process Weight Per Hour.
A person shall not discharge into the atmosphere from any source
operation particulate matter in excess of that allowed on the table
in RULE 212.
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(50.1.1) RULE 212 Process Weight Table.
ALLOWABLE RATE OF EMISSION BASED ON
PROCESS WEIGHT RATE
Process Weight Rate Emission Rate
Lbs./Hr. Lbs./Hr.
50 .4
100 .6
500 1.5
1,000 2.3
5,000 6.3
10,000 9.7
20,000 15.0
60,000 29.6
80,000 31.2
120,000 33.3
160,000 34.9
200,000 36.2
400,000 40.4
1,000,000 46.8
Interpolation of the data for the process weight rates up to 60,000
Ibs./hr. shall be accomplished by the use of equation:
E=3.59 pO.62 P^30 tons/hr.
and interpolation of extrapolation of the data for process weight rates
in excess of 60,000 Ibs./hr. shall be accomplished by use of the
equation:
E=17.31 pO.16 P-^»30 tons/hr.
Where: E=' Emissions in pound per hour.
P= Process weight rate in tons per hour.
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(51.16) RULE 213 Storage of Petroleum Products.
A. The following section of the State of California Health and Safety
Code, and any future amendments thereto, are part of these Rules
and Regulations by reference: Section 39068.2 et seq., Article
2, Chapter 3, Part 1, Division 26. (Amended 1971)
B. A person shall not place, store or hold in any stationary tank,
reservoir or other container of more than 40,000 gallons capacity,
any gasoline or any petroleum distillate having a'vapor pressure
of 1.5 pounds per square inch absolute or greater under actual
storage conditions, unless such tank, reservoir or other container
is a pressure tank maintaining working pressures sufficient at all
times to prevent hydrocarbon vapor or gas loss to the atmosphere,
or is designed and equipped with equipment described in Section
39068.4 or Section 39068.5 or other equipment of equal efficiency,
provided such equipment is approved by the Air Pollution Control
Officer.
(51.21) RULE 214 Reduction of Animal Hatter.
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 Fah-
renheit for a period of not less than 0.3 seconds, or
B. Processed in such a manner determined by the Air Pollution Control
Officer to be equally, or more, effective for the purpose of air
pollution control than (A) above.
A person incinerating or processing gases, vapors, or gas-entrained
effluents pursuant to the Rule shall provide, properly install and
maintain in calibration, in good working order and in operation devices
as specified in the Authority to Construct or Permit to Operate or as
specified by the Air Pollution Control Officer, for indicating temper-
ature, pressure or other operating conditions.
For the purpose of the Rule "reduction" is defined as any heated process.
including rendering, cooking, drying, dehydration, digesting, evapo-
rating and protein concentrating.
the provisions of the Rule shall not apply to any article, machine,
equipment or other contrivance used exclusively for the processing of
food for human consumption.
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(15.0) RULE 215 Enforcement.
The following Section of the State of California Health and Safety Code,
and any future amendments thereto, are part of these Rules and Regu-
lations by reference: Section 24246, Article 3, Chapter 2, Division 20
(Amended 1957)
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REGULATION III OPEN BURNING
(51.13) RULE 301 Open Outdoor Fires.
No person shall use open fires for the purpose of disposal of petroleum
wastes, demolition debris, tires, tar, trees, wood waste or other com-
bustible or flammable solid or liquid waste; or for metal salvage or
burning of automobile bodies.
(2.0) RULE 302 Exceptions to Rule 301.
A. Except as otherwise provided in Rule 321, nothing in these Rules
and Regulations shall be construed as limiting the authority
granted under other provisions of law:
1. To any public fire officer to set or permit a fire when such
fire is, in his opinion, necessary for any of the following
purposes:
a. For the purpose of the prevention of a fire hazard which
cannot be abated by any other means, or;
b. The instruction of public employees and/or volunteer fire-
men, in the methods of fighting fire;
c. Set pursuant to permit on property used for industrial
purposes for the purpose of instruction of employees in
methods of fighting fires.
2. To set or cause to be set backfires necessary to save life or
valuable property pursuant to Section 4426 of the Public Re-
sources Code.
B. Except as otherwise provided in Rules 316, 317, and 318, nothing
in these Rules and Regulations shall be construed as limiting the
use of open fires for agricultural burning, as defined in Rule 102
B.
C. Open fires for the disposal of unsellable wood waste from property
being developed for commercial or residential purposes. (See Rule
319).
D. Open fires for right-of-way clearing by a public entity or utility
or for levee, ditch and reservoir maintenance. (See Rule 320)
E. Open fires for the burning of Residential Rubbish as defined in
Rule 102 QQ.
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F. Open fires for recreational purposes, such as the cooking of food
for human consumption.
G. Open fires as authorized by A.R.B. for the operation of a solid
waste dump under an extension. (See Section 39297.4)
(51.13) RULE 303 Burning Permits.
A. No person shall knowingly set or permit open outdoor fires for:
1. Agricultural burning or hazard reduction burning unless that
person has been issued a valid permit from a designated agency.
2. Levee, ditch, right-of-way or reservoir maintenance burning or
the burning of wood waste on property where grown unless the
person has been issued a valid permit from the Air Pollution
Control Officer.
B. A permit shall not be issued to an applicant unless information is
provided as required by the Calaveras County Air Pollution Control
District, such as:
1. Name and address of the permittee.
2. Location of the proposed burn.
3. Acreage or estimated tonnage of material to be burned.
4. The type of material to be burned.
5. Under what category burning will take place, i.e., agri-
cultural, forest management, range improvement, wood waste on
property where grown, or hazard reduction.
6. Distance to nearest residential area (in miles).
7. Reason for burning.
8. The permittee shall read the permit and sign same.
C. Each permit issued shall bear a statement of warning containing
the following words or words of like or similar import: "THIS
PERMIT IS VALID ONLY FOR THOSE DAYS ON WHICH THE STATE AIR RE-
SOURCES BOARD DOES NOT PROHIBIT AGRICULTURAL BURNING PURSUANT TO
SECTION 39298 OF THE HEALTH AND SAFETY CODE".
D. A permit shall not be issued to an applicant unless information is
provided as required by the designated fire protection agency for
fire protection purposes.
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(2.0) RULE 304 Exception to Rule 303.
A. Agricultural burning in areas above 6,000 feet (msl) may be
exempted.
(3.0) RULE 305 Permit Validity.
No permit shall be construed to authorize open outdoor fires for any day
during which:
A. Agricultural burning is prohibited by the A.R.B.
B. Open burning is prohibited by public fire control agencies for fire
control or prevention.
(51.13) RULE 306 No-Burn Days.
No person shall knowingly permit agricultural burning, or burning of wood
waste on property where grown or hazard reduction burning, or right-of-
way clearing and levee, ditch and reservoir maintenance burning, on days
when such burning is prohibited by the A.R.B.
(2.0) RULE 307 Exceptions to Rule 306.
A. The Air Pollution Control Officer may, by special permit, authorize:
1. Agricultural burning on days designated by the A.R.B. as "no-
burn days" if the denial of such permit would threaten imminent
and substantial economic loss. The granting of an exception
does not exempt the applicant from any other district or fire
control regulation. The applicant shall submit in writing his
reasons for the exception. The Calaveras County Air Pollution
Control Officer may seek the advice of the County Agricultural
Commissioner, the County Farm Advisory, or other informed
sources.
2. The burning of empty sacks or containers which contained pesti-
cides or other toxic materials on the premises where used.
B. Range improvement burning during the period between January 1 and
May 31, providing that more than 50 percent of the land has been
brush-treated.
Agricultural burning in areas above 6,000 feet (msl) may be
exempted.
Upon special request from a permittee through a designated agency
seven (7) days in advance of a specific range improvement burn be-
low 6,000 feet (msl) or of a specific forest management burn at
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elevations between 3,000 to 6,000 feet (msl), the A.R.B. will issue
an advisory outlook 72.hours in advance of the proposed burn, and a
burn or no-burn notice up to 48 hours prior to the date of the pro-
posed burn. The A.R.B. may cancel any notice issued more than
twenty-four (24) hours in advance if necessary to maintain suitable
air quality.
(51.13) RULE 308 Burning Reports.
A. The name, location, type and amount of waste material burned daily
must be reported to the designated agency within 30 days following
completion of the burn.
B. The designated agency shall forward above information to the
Calaveras County Air Pollution Control Officer monthly.
(51.13) RULE 309 Amount Burned Daily.
Agricultural waste and other material shall be arranged so that it will
burn with a minimum amount of smoke, and except for large trees, only
that amount that can reasonably be expected to completely burn within
the following twenty-four (24) hours shall be ignited in any one day.
.-*•
(51.13) RULE 310 Approved Ignition Devices.
All open fires as authorized by this regulation shall be ignited only
with approved ignition devices as defined in Rule 102 G and the material
to be burned should be ignited as rapidly as practicable within appli-
cable fire control restrictions.
(51.13) RULE 311 Restricted Burning Days.
The Air Pollution Control Officer shall notify the designated agencies
that a condition of restricted burning exists, if in his opinion the
amounts being burned each day are creating significant degradation of
the air quality. On days of restricted burning, the designated agen-
cies shall restrict the acreage or tonnage of material to be burned
under permit to the acreage or tonnage allocated to the designated
agencies by the Air Pollution Control Officer. The Air Pollution Con-
trol Officer shall prorate the amounts to be burned to each agency
based on the estimated number of acres or tonnage in the geographic
area covered by the agency.
(51.13) RULE 312 Wind Direction.
Burning shall be curtailed when smoke is drifting into a nearby popu-
lated area or creating a public nuisance.
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(51.13) RULE 313 Minimum Drying Times.
To lower the moisture content of the material being burned, the elapsed
time between cutting and burning shall be:
A. A minimum of three (3) days for straw and stubble.
B. Sufficient time for other agricultural waste such as orchard prunings,
small branches, vegetable tops and seed screenings to assure rapid
and complete combustion with a minimum of smoke.
C. A minimum of six (6) weeks for trees, stumps, and large branches
greater than six (6) inches in diameter.
(2.0) RULE 314 Exception to Rule 313.
The Air Pollution Control Officer may, by permit, authorize agricultural
burning in shorter times if the denial of such permit would threaten
imminent and substantial economic loss.
(51.13) RULE 315 Preparation of Material to be Burned.
A. No material shall be burned unless it is free of tires, rubbish,
tar paper, construction debris, also reasonably free of dirt,
soil and visible surface moisture.
B. Material stacked for burning shall not be burned unless it is
loosely stacked in such a manner as to promote drying and in-
sures combustion with a minimum amount of smoke.
(51.13) RULE 316 Burning of Agricultural Haste.
Rule 301 through Rule 315, inclusive, shall apply to the open burning of
all agriculture waste.
(51.13) RULE 317 Range Improvement Burning.
A. Rule 301 through 315, inclusive, and the following sections of this
rule shall apply to Range Improvement Burning.
B. Brush shall be treated (see Rule 102 B) at least six (6) months
. prior to the burn if economically and technically feasible.
C. Unwanted trees over six (6) inches in diameter shall be felled and
dried prior to the burn.
D. Material should be windrowed or piled if economically and tech- .
nically feasible.
E. If the burn is to be accomplished primarily for improvement of land
for wild life and game habitat, the permit applicant shall obtain a
written statement from the State Department of Fish and Game, cer-
tifying that the burn is desirable and proper.
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(51.13) RULE 318 Forest Management Burning.
A. Rule 301 through 315, and the following sections of this rule, with
the exception of Rule 313, shall apply to Forest Management Burning.
B. Waste material should be windrowed or piled where possible, unless
good silvicultural practice (see Rule 102 TT) dictates otherwise.
C. Drying time shall be specified by the designated agency.
(51.13) RULE 319 Open Burning of Wood Waste on Property Where Grown.
(Expires January 1, 1977). This rule authorized the use of open outdoor
fires for the disposal of unsellable wood waste from property being de-
veloped for commercial or residential purposes under the following con-
ditions:
A. Rule 301 through Rule 315, inclusive, and the following section of
this rule shall apply to open burning of wood waste on property
where grown.
B. Unwanted trees over six (6) inches in diameter are to be felled and
dried prior to the burn.
C. Wood waste should be windrowed if economically and technically
feasible.
D. Wood waste which is burned under this rule shall be limited to that
grown on the property and free of other material.
E. This burning shall be conducted only on permissive burn days.
F. The Air Pollution Control Officer or staff shall review and sign all
permits prior to the burning.
G. The Air Pollution Control Board of the district finds it more desir-
able to burn than dispose of by other available means.
H. Brush will be treated six months prior to burn if economically or
technically feasible.
(51.13) RULE 320 Right-of-Way Clearing and Levee, Ditch and Reservoir Main-
tenance Burning.
A. Rule 301 through Rule 315, inclusive, shall apply to the use of fires
for right-of-way clearing by a public entity or utility or for
levee, ditch or reservoir maintenance.
B. This burning shall be conducted only on permissive burn days.
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(51.13) RULE 321 Hazard Reduction Burning.
A. For purposes of this rule, "Hazard Reduction Burning" is burning
authorized pursuant to Rule 302 A. 1 (a).
B. Except as provided in Paragraph C. the following conditions shall
apply to all open outdoor burning for purposes of hazard reduction:
1. Rule 301 through Rule 315, inclusive, shall apply to Hazard Re-
duction Burning.
2. Unwanted trees over six (6) inches in diameter shall be felled
and dried prior to the burn.
C. If the fire officer with jurisdiction determines that a condition
exists in which a fire hazard or health hazard, as determined by
the Health Officer, will have an imminent affect on life and property
he may waive the requirement of Paragraph B of this Rule, provided a
written report of such burning shall be forwarded to the Air Pol-
lution Control Officer stating the nature of the imminent threat to
life and/or property which warranted such burning and such other in-
formation as the Air Pollution Control Officer may reasonably require.
(15.0) RULE 322 Enforcement Responsibility.
The Air Pollution Control Officer or his staff will be in the field to
ensure that these Rules and Regulations are complied with and shall en-
force all State and Calaveras County Air Pollution Control District re-
gulations regarding air pollution control. See Enforcement Flow Chart
on next page.
(15.0) RULE 323 Penalty.
A violation of the provisions of this regulation or of Section 39296.1 or
39299 is a misdemeanor punishable by imprisonment in the County Jail not
exceeding six (6) months or by fine not exceeding five hundred dollars,
($500.00), or both, and the cost of putting out the fire. Every day
during any portion of which such violation occurs constitutes a separate
offense.
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ENFORCEMENT FLOW CHART
FOR
OPEN BURNING
[Open Burning Observed
APCO, Fire Protection and/or Enforcement Agency
1. Determine person starting fire, adding fuel or in
control.
2. Identify such person or persons.
a. Use drivers license for correct name and address.
b. Determine who ordered fire.
3. Ask for Permit
No Permit -- or conditions
of Permit violated.
Examine Permit for compliance
with conditions: e.g.
1. Correct date, time, location,
etc.
2. No "Ban" in effect.
Issue Notice of Violation
Report the following:
1. Correct name and address of all parties.
2. Location of violation.
3. Location and time of observation and duration of investigation.
4. Nature of material burned.
5. Description of fire and smoke.
6. Distribution of smoke. (Note wind direction and approximated speed).
7. Surrounding neighborhood.
8. Any statements made by violation.
9. Any statements made by management.
File all Notice of Violation Reports
in person or by mailing to Calaveras
County Air Pollution Control District.
Citation
Issued
APCO reviews and obtains additional information as necessary!
I D. A.'s office reviews]
*
I Issues complaint"!
*APCO-Air Pollution Control Officer
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REGULATION IV PERMIT SYSTEMS CONDITIONS
(2.0) RULE 401 Responsibility.
The fact that an authorization to construct or modify, or a permit to
operate an article, machine, equipment or other contrivance described
therein shall have been issued by the Air Pollution Control Officer
shall not be an endorsement of such article, machine, or other con-
trivance neither shall it be deemed or construed to be a warranty, guar-
antee or representation on the part of the Air Pollution Control Officer
that emission standards would not exceed by such article, machine, equip-
ment or other contrivance. In every instance the person, firm or cor-
poration to whom such authorization or permit is issued shall be and
remain responsible under these regulations for each and every instance
wherein emission standards are exceeded by the article, machine, equip-
ment or other contrivance described in the permit, and the fact of is-
suance or authorization shall not be a defense to or mitigation of any
charge of violation.
(9.0) RULE 402 Authority to Inspect.
A. In the performance of his duties the Air Pollution Control Officer
and his duly authorized agents shall have, as a condition of an
authority to construct or a permit to operate, the right to access
of the property for reasons of Air Pollution Control District in-
spections.
B. The Air Pollution Control Officer may issue identification cards,
with the photograph of holder and signature of the Air Pollution
Control Officer, to such employees of the District who need such
credentials for entry.
(3.0) RULE 403 Responsibility of Permittee.
Issuance of a permit pursuant to these Rules and Regulations does not
release permittee of the responsibility of any and all other applicable
permits and authorizations issued by other governmental agencies.
(2.0) RULE 405 Separation of Emissions.
If air contaminants from a single source operation are emitted through
two or more emission points, the total emitted quantity of air con-
taminants cannot exceed the quantity which would be allowable through
a single emission point.
The total emitted quantity of any such air contaminant shall be taken
as the product of the highest concentration measured in any of the
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emission points and the combined exhaust gas volume through all emission
points, unless the person responsible for the Source Operation establishes,
to the A1r Pollution Control Officers satisfaction, the correct total emitted
quantity.
RULE 406 Combination of Emissions.
A. If air contaminants from two or more source operations are combined
prior to emission and there are adequate and reliable means reasonably
susceptible for confirmation and use by the Air Pollution Control
District in establishing a separation of the components of the combined
emission to indicate the nature, extent, quantity and degree of emission
arising from each such source operation, the Rules and Regulations shall
apply to each such source operation separately.
B. If air contaminants from two or more source operations are combined
prior to emission and the combined emissions cannot be separated
according to the requirements of Rule 406 A. the Rules and Regulations
shall be applied to the combined emissions as if it originated in a
single source operation subject to the most stringent limitations and
requirements placed by the Rules and Regulations on any of the source
operations whose air contaminants are so combined.
RULE 407 Circumvention.
A person shall not build, erect, install, or use any article, machine,
equipment or other contrivance, the use of which, without resulting in an
actual reduction in the total release of air contaminants to the atmosphere,
superficially reduces or conceals an emission which would otherwise con-
stitute a violation of Division 20, Chapter 2, of the Health and Safety
Code of the State of California or of these Rules and Regulations. This
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 the Rule 205 of these Rules and Regulations.
RULE 408 Source Recordkeeping and Reporting.
The owner or operator of any stationary source, shall, upon notification
from the District, maintain records of the nature and amounts of emissions
from such source and/or any other information as may be deemed necessary by
the District to determine whether such source is in compliance with
applicable emission limitations or other control measures. The A1r
Pollution Control Officer may require that such records be certified by
a professional engineer registered in the State of California. Such
studies shall be at the expense of the person causing the emissions.
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The information recorded shall be summarized and reported to the District,
on forms or formats as furnished by the District, and shall be submitted
within 45 days after the end of the reporting period. Reporting periods
are January 1 - December 31, except that the initial reporting period
shall commence on the date the District issues notification of the record-
keeping requirements.
Information reported by the owner or operator and copies of the summa-
rizing reports submitted to the District shall be retained by the owner
or operator for two years after the date on which the pertinent report
is submitted.
(14.0) RULE 409 Public Records.
A. All information, analysis, plans or specifications that disclose the
nature, extent, quantity., or degree of air contaminants or other
pollution which any article, machine, equipment, or other contri-
vance will produce which the District requires any applicant to pro-
vide before such applicant builds, erects, alters, replaces, oper-
ates, sells, rents, or uses such article, machine, equipment, or
other contrivance, are public records.
B. All air or other pollution monitoring data, including data com-
piled from stationary sources, are public records.
C. Except as otherwise provided in D., trade secrets are not public
records under this Regulation. Trade secrets, as used in this Regu-
lation may include, but are not limited to any formula, plan, pat-
tern, process, tool, mechanism, compounds, procedure, production
data, or compilation of information which is not patented, which is
known only to certain individuals within a commercial concern who
are using it to fabricate, produce, or compound an article of trade
or a service having commercial value and which gives it's user an
opportunity to obtain a business advantage over competitors who do
not know or use it. The owner or operator shall state in writing
his justification for claiming material is a trade secret. The Air
Pollution Control Officer shall rule on the validity of trade
secrecy claims.
D. Notwithstanding any other provisions of the law, all air pollution
emission data, including these emission data which constitute trade
secrets as defined in C., are public records. Data used to calcu-
late emission data are not emission data for purposes of this sub-
division and data which constitute trade secrets and which are used
to calculate emission data are not public records.
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REGULATION VI FEES
(2.0) RULE 601 Analysis Fees.
Whenever the Air Pollution Control Officer finds that an analysis of the
emission from any source is necessary to determine the extent and amount
of pollutants being discharged into the atmosphere which cannot be de-
termined by visual observation, he may order the collection of samples
and the analysis made by qualified personnel as determined by the Air
Pollution Control Officer. 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 deter-
mined by the Air Pollution Control Officer, which said sum is not to ex-
ceed the actual cost of such work.
(13.0) RULE 602 Technical Reports - Charges For.
Information, circulars, reports to technical work, and other reports pre-
pared by the Air Pollution Control District when supplied to other govern-
mental agencies or individuals or groups requesting copies of the same may
be charged for by the district in a sum of not to exceed the cost of pre-
paration and distribution of such documents. All such monies collected
shall be turned into the general funds of the said district.
(16.0) RULE 603 Hearing Board Fees.
A. Every applicant or petitioner 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, permit
to operate or permit to sell or rent, except any state or local
governmental agency or public district, shall pay the clerk of the
Hearing Board, on filing, a fee in the sum of thirty dollars ($30.00).
B. Any person requesting a transcript of the hearing shall pay the cost
of such transcript.
C. This Rule shall not apply to petitions filed by the Air Pollution
Control Officer.
(3.0) RULE 604 Permit Fee Schedules.
It is hereby determined that the cost of issuing permits, and of in-
spections pertaining to such issuance exceeds the fees prescribed herein.
In determining the fees to be charged, the applicable equipment within
each process that requires a permit will be totalled for each schedule.
In the event that more than one fee schedule is applicable to a permit to
operate, the governing schedule shall be that which results in the higher
fee.
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SCHEDULE 1
ELECTRIC MOTOR HORSEPOWER SCHEDULE
Any equipment which may cause the emission of air contaminants where
an electric motor is used as the power supply shall be assessed a permit
fee based on the total rated motorhorsepower of all electric motors in-
cluded in any article, machine, equipment or other contrivance, in ac-
cordance with the following schedule.
Horsepower Fee
Up to and Including 25 $ 15.00
Greater Than 25 but Less Than 50 25.00
Greater Than 50 but Less Than 100 50.00
Greater Than 100 but Less Than 200 75.00
Greater Than 200 but Less Than 400 100.00
Greater Than 400 but Less Than 800 150.00
Greater Than 800 but Less Than 1,600 200.00
1,600 or Greater 250.00
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SCHEDULE 2
FUEL BURNING EQUIPMENT SCHEDULE
Any equipment which may cause the emission of air contaminants in which
fuel is burned, with the exception of incinerators which are covered in
Schedule 4, shall be assessed a permit fee based upon the design of the
equipment expressed in British Thermal Units (BTU) per hour in accordance
with the following schedule:
1,000 BTU Per Hour Fee
Up to and Including 150 $ 15.00
Greater Than 150 but Less Than 400 25.00
Greater Than 400 but Less Than 650 50.00
Greater Than 650 but Less Than 1,500 75.00
Greater Than 1,500 but Less Than 2,500 100.00
Greater Than 2,500 but Less Than 5,000 150.00
Greater Than 5,000 but Less Than 15,000 200.00
15,000 or Greater 250.00
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SCHEDULE 3
ELECTRICAL ENERGY SCHEDULE
Any equipment which may cause the emission of air contaminants which
uses electrical energy, with the exception of electric motors covered
in Schedule 1, shall be assessed a permit fee based on the total kilo-
volt ampere (KVA) ratings, in accordance with the following schedule:
'i
Kilovolt Amperes Fee
Up to and Including 45 $ 15.00
Greater Than 45 but Less Than 145 30.00
145 or Greater but Less Than 450 45.00
450 or Greater but Less Than 1,450 60.00
1,450 or Greater but Less Than 4,500 90.00
4,500 or Greater but Less Than 14,500 150.00
14,500 or Greater 250.00
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SCHEDULE 4
INCINERATOR SCHEDULE
Any equipment designed and used primarily to dispose of combustible re-
fuse by wholly consuming 'the material charged leaving only the ashes or
residue shall be assessed a permit fee based on the following schedule
of the maximum horizontal inside cross sectional area, in square feet,
of the primary combustion chamber:
Area, in Square Feet Fee
Up to and Including 3 $ 7.50
Greater Than 3 but Less Than 6 11.50
6 or Greater but Less Than 9 18.75
9 or Greater but Less Than 16 30.00
10 or Greater but Less Than 27 , 37.50
27 or Greater but Less Than 47 56.25
47 or Greater but Less Than 90 75.00
90 or Greater 112.00
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SCHEDULE 5
STATIONARY CONTAINER SCHEDULE
Any stationary tank, reservoir, or other container, the contents which
may emit an air contaminant shall be assessed a permit fee based on the
following schedule of capacities in gallons or cubic equivalent, in ac-
cordance with the following schedule:
Gallons Fee
Up to and Including 5,000 $ 15.00
5,001 - 20,000 20.00
20,001 - 50,000 25.00
50,001 - 100,000 35.00
100,001 - 500,000 50.00
500,001 - 1,000,000 65.00
1,000,001 - Up 80.00
SCHEDULE 6
MISCELLANEOUS SCHEDULE
Any article, machine, equipment or other contrivance which may cause the
issuance of air contaminants as defined in Rule 102 of the rules and re-
gulations, which is not included in the preceding schedules shall be
assessed a permit fee of $20.00.
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REGULATION VII PROCEDURE BEFORE THE
HEARING BOARD
(2.0) RULE 700 Applicable Articles of the Health and Safety Code.
The provisions of Article 5 and Article 6, Chapter 2, Division 20, of
the State of California Health and Safety Code, respectively entitled
Variances and Procedure, are applicable within the boundaries of the
Calaveras County Air Pollution Control District.
(2.0) RULE 70-1 General.
This regulation shall apply to all hearings before the Hearing Board of
the Air Pollution Control District.
(2.0) RULE 702 Filing Petitions.
Requests for hearing shall be initiated by the filing of a petition, in
triplicate with the Clerk of the Hearing Board, and the payment of the
fee as provided for in Rule 603 of these Rules and Regulations, after
service of a copy of the petition has been made on the Air Pollution Con-
trol Officer and one copy on the holder of the permit or variance, if any,
involved. Service may be made in person or by mail, and service may be
proved by written acknowledgement of the person served or by the affi-
davit of the person making the service.
(2.0) RULE 703 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-partner, corporation or
other entity, the names and addresses of the partners if a co-part-
nership, names and addresses of the officers, 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 con-
trivance, if any involved in the application.
E. The section or rule under which the petition is filed:
1. To determine whether a permit shall be revoked, or a suspended
permit reinstated under Section 24274, Health and Safety Code.
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2. For a variance under Section 24292, Health and Safety Code;
3. To revoke or modify a variance under Section 24298, Health and
Safety Code;
4. To review the denial or conditional granting of an authority to
construct or permit to operate under Rule 501 of these Rules and
Regulations;
5. Date by which final compliance is to achieved.
F. Each petition shall be signed by the petitioner, or by some person
on his behalf, and where the person signing is not the petitioner,
it shall set forth his authority to sign.
G. Petitions for revocation of permits shall allege, in addition, 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 violations.
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, to-
gether with a brief statement as to why information requested, if
any, was not furnished, whether such information is believed by
petitioner to be pertinents and, if so, when it will be furnished.
I. All petitions shall be typewrittens 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 704 Petitions for Variances.
The Petition for Hearing form, as provided, shall be filled out completely.
(2.0) RULE 705 Appeal for Denial.
A petition to review the denial or conditional approval of a permit shall,
in addition to the information required by Rule 703, set forth a summary
of the permit application or a copy thereof and the alleged reasons for
the denial or conditional approval and reasons for appeal.
(2.0) RULE 706 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 form, filing and ser-
vice of petitions unless the chairman of the Hearing Board directs other-
wise and confirms such direction in writing. Such direction need not be
made at a meeting of the Hearing Board.
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(2.0) RULE 707 Answers.
Any person may file an answer within ten (10) days after service. All
answers shall be served in the same manner as are petitions under the
provisions of Rule 702.
(2.0) RULE 708 Dismissal of Petition.
The petitioner may dismiss his petition at any time before submission of
the case to the hearing board, without a hearing or meeting of the hearing
board. The clerk of the hearing board shall notify all interested persons
of such dismissal.
(16.0) RULE 709 Place of Hearing.
All hearings shall be held at a place designated by the hearing board.
(16.0) RULE 710 Notice of Hearing.
The clerk of the hearing board, not less than 30 days prior to such
hearing, shall mail or deliver a notice of hearing to the petitioner,
the Air Pollution Control Officer, the holder of the permit or variance
involved, the "Federal Environmental Protection Agency," the A.R.B.,
each air pollution control district in the Air Basin, and to every person
who requests such notice. In addition, said notice shall be published in
a newspaper of general circulation within the district. The notice shall
state the time and place of the hearing and the proposed compliance
schedule or permit information and shall state that such information is
available for public inspection at specified places and times. In the
event of an extreme emergency that will or may threaten the health and
welfare decreed by the Hearing Board, or a petition filed pursuant to
RULE 703 E., 1., or 4., the above thirty (30) day period may be reduced
to ten (10) days.
(2.0) RULE 711 Evidence.
A. Oral evidence shall be taken only on oath or affirmation.
B. Each party shall have these rights:
1. To call and examine witnesses;
2. To introduce exhibits;
3. To cross-examine opposing witnesses on any matter relevant to
the issues, even though that matter was not covered in the direct
examination;
4. To impeach any witness regardless of which party first called him
to testify;
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5. To rebut the evidence against him.
C. If respondent does not testify in his own behalf, he may be called
and examined as if under cross-examination.
D. The hearing need not be conducted according to technical rules re-
lating to evidence and witnesses. Any relevant evidence shall be
admitted if it is the sort of evidence on which responsible persons
are accustomed to rely in the conduct of serious affairs, regardless
of the existence of any common law or statutory rule which might
make improper the admission of such evidence over objection in civil
actions. Hearsay evidence may be used for the purpose of 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 ef-
fective to the sane that they are now or hereafter may be recognized
in civil actions, and irrelevant and unduly repetitious evidence
shall be excluded.
E. All evidence, oral or written, and all exhibits, shall be recorded
at the time of the hearing and all records shall be maintained for
a period of time as specified by law or as determined by the Air
Pollution Control Board.
(2.0) RULE 712 Preliminary Matters.
Preliminary matters such as setting a date for hearing, granting con-
tinuances, approving petitions for filing, allowing amendments and other
preliminary rulings not determinative of the merits of the case may be
made by the chairman of the hearing board without a hearing or meeting
of the hearing board and without notice.
(2.0) RULE 713 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 714 Continuances.
The chairman of the hearing board shall grant any continuance of 15 days
or less, concurred in by petitioner, the air pollution control officer
and by every person who has filed an answer in the action and may grant
any reasonable continuance; in either case such action may be exparte
without a meeting of the hearing board and without prior notice.
(2.0) RULE 715 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
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statement of facts found to be true, the determination of the issue 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 716 Effective Date of Decision.
The decision shall become effective 15 days after delivering or mailing
a copy of the decision, as provided in Rule 715 or the hearing board may
order that the decision shall become effective sooner.
(3.0) RULE 717 Lack of Permit.
The hearing board shall not receive or accept a petition for a variance
for the operation or use of any equipment until a permit has been granted
or denied by the Air Pollution Control Officer; except that an appeal
from a denial of a permit and a petition for a variance may be filed with
the hearing board in a single petition. A variance granted by the hearing
board after a denial of a permit by the Air Pollution Control Officer may
include a permit for the duration of the variance.
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REGULATION II - PERMITS
(3.0) RULE 201 Permits Required
a. Authority to Construct
Any person building, altering, or replacing any equipment, the use of
which may cause the issuance of air contaminants or the use of which
may eliminate or reduce or control the issuance of air contaminants,
shall first obtain authorization for such construction from the Air Pol-
lution Control Officer, 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.
b. Permit to Operate
Before any equipment described in Rule 201 (a) may be operated, a writ-
ten permit shall be obtained from the Air Pollution Control Officer. No
permit to operate shall be granted either by the Air Pollution Control
Officer or the Hearing Board for any equipment described in Rule 201 (a),
constructed or installed without authorization as required by Rule 201
(a), until the information required is presented to the Air Pollution
Control Officer and such equipment is altered, if necessary, and made to
conform to the standards set forth in Rule 208 (Standards for Granting
Application) and elsewhere in these rules and regulations.
c. Posting of Permit to Operate
A person who has been granted under Rule 201 (b) a permit to operate any
equipment described in Rule 201 (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 con-
trivance in such a manner as to be clearly visible and accessible. In
the event that the equipment is so constructed or operated that the per-
mit 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 equipment or maintained readily available at all times on the op-
erating premises.
d. Altering of Permit
A person shall not willfully deface, alter, forge, counterfeit, or falsify
a permit to operate any equipment.
e. Permit to Sell or Rent
Before any of the herebefore described equipment is sold, leased, or
rented, such that it is operated by anyone other than the holder of the
permit, the owner or operator is required to obtain a permit to sell or
rent.
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(2.0) RULE 202 Exemptions
Any authority to construct or permit to operate shall not be required
for:
a. Vehicles as defined by the Vehicle Code of the State of California
but not including any article, machine, equipment or other con-
trivance mounted on such vehicle that would otherwise require a
permit under the provisions of these rules and regulations.
b. Vehicles used to transport passengers or freight.
c. Equipment utilized exclusively in connection with any structure,
which structure is designed for and used exclusively as a dwelling
for not more than four families.
d. The following equipment:
1. Comfort air conditioning or comfort ventilating systems, which
are not designed to remove air contaminants generated by or
released from specific units or equipment.
2. Refrigeration units except those used as, or in conjunction with,
air pollution control equipment.
\
3. Piston type internal combustion engines.
4. Water cooling towers and water cooling ponds not used for eva-
porative cooling of water from barometric jets or from baro-
metric condensers.
5. Equipment used exclusively for steam cleaning.
6. Presses used exclusively for extruding metals, minerals, plastics
or wood.
7. Equipment used exclusively for space heating, other than boilers.
8. Equipment used for hydraulic or hydrostatic testing.
9. Equipment used in eating establishments for the purpose of pre-
paring food for human consumption.
10. Equipment used exclusively to compress or hold dry natural gas.
e. The following equipment or any exhaust system or collector serving
exclusively such equipment:
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1. Laboratory equipment used exclusively for chemical or physical
analyses and bench scale laboratory equipment.
2. Brazing, soldering or welding equipment.
f. Steam generators, steam superheaters, water boilers, water heaters
and closed heat transfer systems that have a maximum heat input rate
of less than 250,000,000 British Thermal Units (BTU) per hour (gross),
and are fired exclusively with one of the following:
1. Natural gas
2. Liquefied petroleum gas
3. A combination of natural gas and liquefied petroleum gas
g. Natural draft hoods, natural draft stacks or natural draft venti-
lators.
h. Self-propelled mobile construction equipment other than pavement
burners.
i. Other sources of minor significance which may be specified by the
Air Pollution Control Officer.
j. Agricultural implements used in agricultural operations.
k. Vacuum cleaning systems used exclusively for industrial, commercial,
or residential housekeeping purposes.
1. Repairs or maintenance not involving structural changes to any equip-
ment for which a permit has been granted.
m. Identical replacements in whole or in part of any equipment where a
permit to operate has previously been granted for such equipment.
(3.0) RULE 2U3 Transfer
A permit shall not be transferable, whether by operation of law or other-
wise, either from one location to another, from one piece of equipment to
another, or from one person to another.
(3.0) RULE 204 Applications
Every application for a permit required under Rule 201 shall be filed in
the manner and form prescribed by the Air Pollution Control Officer, and
shall give all the information necessary to enable the Air Pollution Con-
trol Officer to make the determination required by Rule 208 thereof.
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(3.0) RULE 205 Cancellation of Construction Permit
A permit shall be cancelled two years from the date of filing of the
application.
(3.0) RULE 206 Action on Applications
The Air Pollution Control Officer shall act, within a reasonable time,
on a permit application and shall notify the applicant in writing of
his approval, conditional approval or denial.
(3.0) RULE 207 Provision of Sampling and Testing Facilities.
(9.0)
A person operating or using any equipment for which these rules require
a permit shall provide and maintain such sampling and testing facilities
as specified in the permit. ;
(3.0) RULE 208 Standards for Granting Applications
a. The Air Pollution Control Officer shall deny a permit except as
provided in Rule 209, if the applicant does not show that the use
of any equipment, which may cause the issuance of air contaminants,
or the use of which may eliminate or reduce or control the issuance
of air contaminants, is so designed, controlled, or equipped with
such air pollution control equipment, that it may be expected to
operate without emitting or without causing to be emitted air con-
taminants in violations of Section 24242 or 24243, of the Health
and Safety Code, or of these rules and regulations.
b. Before a permit is granted, the Air Pollution Control Officer may
require the applicant to provide and maintain such facilities as
are necessary for sampling and testing purposes in order to secure
information that will disclose the nature, extent, quantity or de-
gree of air contaminants discharged into the atmosphere from the
equipment described in the permit. In the event of such a require-
ment, the Air Pollution Control Officer shall notify the applicant
in writing of the required size, number and location of sampling
holes; the size and location of the sampling platform; the access
to the sampling platform; and the utilities for operating the
sampling and testing equipment. The platform and access shall be
constructed in accordance with the general industry safety orders
of the State of California.
c. In acting upon a permit to operate, if the Air Pollution Control
Officer finds that the equipment has been constructed not in ac-
cordance with the authority to construct, he shall deny the permit
to operate. The Air Pollution Control Officer shall, not accept any
further application for permit to operate the equipment so con-
structed until he finds that the equipment has been constructed in
accordance with the permit to construct.
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(3.0) RULE 209 Conditional Approval
The Air Pollution Control Officer may issue a permit subject to condi-
tions which will bring the operation of any equipment within the stan-
dards of Rule 208, in which case the conditions shall be specified in
writing. Commencing work under a permit to construct, operation under
a permit to operate, renting or selling under a permit to rent or sell,
shall be deemed acceptance of all the conditions so specified. The Air
Pollution Control Officer shall issue a permit with revised conditions
upon receipt of a new applications, if the applicant demonstrates that
the equipment can operate within the standards of Rule 208 under the re-
vised conditions.
(3.0) RULE 210 Denial of Applications
In the event of denial of a permit, the Air Pollution Control Officer
shall notify the applicant in writing of the reasons therefore. Services
of this notification may be made in person or by mail, and such service
may be proved by the written acknowledgement of the persons served or af-
fidavit of the person making the service. The Air Pollution Control Of-
ficer shall not accept a further application unless the applicant has
complied with the objections specified by the Air Pollution Control Of-
ficer as his reasons for denial of the permit.
(3.0) RULE 211 Further Information
Before acting on an application for a permit the Air Pollution Control
Officer may require the applicant to furnish information or further plans
or specifications.
(3.0) RULE 212 Application Deemed Denied
The applicant may at his option deem the permit denied if the Air Pol-
lution Control Officer fai-ls to act on the application with 30 days after
filing, or within 30 days after applicant furnishes the further infor-
mation, plans and specifications requested by the Air Pollution Control
Officer, whichever is later.
(3.0) RULE 213 Appeals
(16.0)
Within 10 days after notice, by the Air Pollution Control Officer of de-
nial of a permit, the applicant may petition the Hearing Board, in writing,
for a public hearing. The Hearing Board, after notice and a public hearing
held within 30 days after filing the petition, may sustain or reverse the
action of the Air Pollution Control Officer; such orders may be made sub-
ject to specified conditions.
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(50.0) RULE 407 Specific Contaminants
A person shall not discharge into the atmosphere from any single source
of emission whatsoever, any one or more of the contaminants, in any state
or combination thereof, exceeding in concentration at the point of dis-
charge:
b. Combustion Contaminants
0.1 grain per cubic feet of gas calculated to 12 percent of carbon
dioxide (C02) at standard conditions. In measuring the combustion
contaminants from incinerators used to dispose of combustible re-
fuse by burning, the carbon dioxide (C02) produced by combustion of
any liquid or gaseous fuels shall be excluded from the calculation
to 12 percent of carbon dioxide (C02).
(51.5) RULE 408 Fuel Burning Equipment
(51.6)
(51.7) A person shall not build, erect, install or expand any nonmobile fuel
burning equipment unit unless the discharge into the atmosphere of con-
taminants will not and does not exceed any one or more of the following
rates:
a. 200 pounds per hour of sulfur compounds, calculated as sulfur
dioxide (S02);
b. 140 pounds per hour of nitrogen oxides, calculated as nitrogen
dioxide (N02);
c. 10 pounds per hour of combustion contaminants as defined in Rule
102 (h) and derived from the fuel.
For the purpose of this Rule, "Fuel Burning Equipment" means any furnace,
boiler, apparatus, stack, and all appurtenances thereto, used in the
process of burning fuel for the primary purpose of producing heat or
power by indirect heat transfer. A fuel burning unit shall be comprised
of the minimum number of fuel burning equipment, the simultaneous op-
erations of which are required for the production of useful heat or power.
Fuel burning equipment serving primarily as air pollution control equip-
ment by using a combustion process to destroy air contaminants shall be
exempt from the provisions of this Rule.
Nothing in this Rule shall be construed as preventing the maintenance
or preventing the alteration or modification of an existing fuel burning
equipment unit which will reduce its mass rate of air contaminant emis-
sions.
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(51.16) RULE 412 Organic Liquid Loading
A person shall not load organic liquids having a vapor pressure of 1.5
pounds per square inch absolute or greater under actual loading con-
ditions into any tank truck, trailer, or railroad tank car from any
loading facility unless the loading facility is equipped with a vapor
collection and disposal system or its equivalent approved by the Air Pol-
lution Control Officer.
Loading shall be accomplished in such a manner that all displaced vapor
and air will be vented only to the vapor collection system. Measures
shall be taken to prevent liquid drainage from the loading device when
it is not in use or to accomplish complete drainage before the loading
device is disconnected.
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 or greater under
actual loading conditions at a facility from which at least 20,000 gallons
of such organic liquids are loaded in any one day.
"Loading Facility", for the purpose of this Rule, shall mean any aggre-
gation or combination of organic liquid loading equipment which is both
(1) possessed by one person, and (2) located so that all the organic
liquid loading outlets for such aggregation or combination of loading
equipment can be encompassed within any circle of 300 feet in diameter.
(51.16) RULE 413 Effluent Oil Water Separators
A person shall not use any compartment of any vessel or device operated
for the recovery of oil from effluent water which recovers 200 gallons
a day or more of any petroleum products from any equipment which pro-
cesses, refines, stores„ or handles hydrocarbons with a Reid vapor pres-
sure of 0.5 pounds or greater, unless such compartment is equipped with
one of the following vapor loss control devices, except when gauging or
or sampling is taking place:
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a. A solid cover with all openings sealed and totally enclosing the ;
liquid contents of that compartment.
b. A floating pontoon or double-deck type cover, equipped with closure
seals, to enclose any space between the cover's edge and compart-
ment wall.
c. A vapor recovery system which reduces the emission of all hydro-
carbon vapors and gases into the atmosphere by at least 90 percent
by weight.
d. Other equipment of an efficiency equal to or greater than (a), (b),
or (c), if approved by the Air Pollution Control Officer.
This Rule shall not apply to any oil-effluent water separator used ex-
clusively in conjunction with the production of crude oil, if the water
fraction of the oil-water effluent entering the separator contains less
than 5 parts per million hydrogen sulfide, organic sulfides, or a com-
bination thereof.
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