U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-296 688
Air Pollution Regulations in State
Implementation Plans: California,
San Diego 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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&EFA
United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
August 1978
Air
Air Pollution Regulations
in State Implementation
Plans:
* :•<:•. •:
REPRODUCED BY
I NATIONAL TECHNICAL :
j INFORAAATION SERVICE i
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TECHNICAL REPORT DATA
(Please read Instructions on the revene before completing)
1. REPORT NO.
EPA-450/3-78-054-31
2.
4, TITLE AND SUBTITLE
Air Pollution Regulations 1n State Implementation i
Plans: California San Diego County
3. RECIPIENT'S ACCESSJON>/4O.
6. REPORT DATE
August 1978
8. PERFORMING ORGANIZATION CODE
7. AUTHOR(S)
8. PERFORMING ORGANIZATION REPORT NO,
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Maiden Division of Abcor, Inc.
Wilmington, Mass.
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT 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
IS. SUPPLEMENTARY NOTES
EPA Project Officer: Bob Schell, Control Programs Development Division
16. ABSTRACT
This document has been, produced in compliance with Section 110(h)(l) of the Clean Air
Act amendments of 1977. The Federally enforceable regulations contained in the State
Implementation Plans (SIPs) have been compiled for all 56 States and territories
(with the exception of the Northern Mariana Islands). They consist of both the
Federally approved State and/or local air quality regulations as Indicated in the
Federal Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of the above
categories as of January 1, 1978, have been Incorporated. As mandated by Congress,
this document will be updated annually. State and/or local air quality regulations
which have not been Federally approved as of January 1, 1978, are not included here;
omission of these regulations from this document in no way affects the ability of
the respective Federal, State, or local agencies to enforce such regulations.
7.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
b.IDENTIFIERS/OPEN ENDED TERMS C. COSATI Field/Group
Air pollution
Federal Regulations
Pollution
State Implementation Plans
8. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
19. SECURITY CLASS (This Report I
Unclassified
21. NO
20. SECURITY CLASS (This page)
Unclassified
22. PRICE
EPA Form 2220-1 (9-73)
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EPA-450/S-7S-054-31
Air Pollution Regulations
in State Implementation Plans:
?-S'*«*"-4v • '-..'•*'iv.;
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
I CU
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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-450/3-78-054-31
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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 1n 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 enforceabi1ity of
parking management regulations and indirect source regulations. The
October, 1977, appropriation bill for EPA prohibited Federal enforcement
of parking management regulations in the absence of specific Federal
authorizing legislation. Federally promulgated parking management
regulations have, therefore, been suspended indefinitely. Pursuant to
the 1977 Clean Air Act Amendments, indirect source regulations may not
be required for the approval of a given SIP. Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted indirect source regulations Contained in an applicable SIP
are Federally enforceable. More importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded, operated, or owned facilities or projects. Therefore, the
Federally promulgated indirect source regulations appearing in this
document are not enforceable by EPA except as they relate to Federal
facilities.
Since State air quality regulations vary widely in their organization,
content, and language, a standardized subject Index is utilized in this
document. Index listings consist of both contaminant and activity oriented
categories to facilitate usage. For example, for regulations which apply
to copper smelters, one might look under sulfur compounds (50.2), particu-
late matter process weight (50.1.1), or copper smelters (51.15). Federal
regulations pertaining to a given State immediately follow the approved
State and local regulations.
Additionally, a summary sheet of the information included in each
comprehensive document is presented prior to the regulatory text to
allow one to quickly assess the contents of the document. Specifically,
the summary sheets contain the date of submittal to EPA of each revision
111
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to the SIP and the date of the Federal Register in which the revision
was either approved or disapproved by EP"A7Finally, a brief description
or reference of the regulation which was submitted is also included.
This document is not intended to provide a tool for determining
the enforceability of any given regulation. As stated above, it is
intended to provide a comprehensive compilation of those regulations
which are incorporated directly or by reference into Title 40, Part 52,
of the Code of Federal Regulations. Consequently, the exclusion of a
Federally approved regulation from this document does not diminish the
enforceability of the regulation. Similarly, the inclusion of a given
regulation (for example, regulations governing pollutants, such as odors,
for which there is no national ambient air quality standards) in this
document does not, in itself, render the regulation enforceable.
1v
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SUMMARY SHEET OF
EPA APPROVED REGULATION CHANGES
SAN DIEGO COUNTY (APCD)
Submittal Date
6/30/72
7/25/73
7/19/74
7/19/74
7/22/75
.11/3/75
4/21/76
11/10/76
Approval Date
9/22/72
5/11/77
5/11/77
7/26/77
5/11/77
7/26/77
5/11/77
10/21/77
Description
All Regs, unless
otherwise specified
Rules 41, 55, 58
101, 102, 1039 104,
105, 106, 107, 108,
109, 110, 111, 112,
113.
Reg. IX
Rule 61
Rule 66
Rule 63
Rule 5
Rules 2(k), 3, 50,
52, 53, 60, 62
2/10/77
10/21/77
Rule 68
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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
30.0 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 Topics)
51.2 COAL OPERATIONS (Includes Cleaning, Preparation, Coal Refuse
Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
51.3 CONSTRUCTION (Includes Cement Plants, Materials Handling, Topics
Related to Construction Industry)
51.4 FERROUS FOUNDRIES (Includes Blast Furnaces, Related Topics)
51.5 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Participates
(Includes Fuel Content and Other Related Topics)
51.6 FUEL BURNING EQUIPMENT (coal, natural gas, oil) • S02 (Includes
Fuel Content and Other Related Topics)
51.7 FUEL BURNING EQUIPMENT (oil. natural gas. coal) - N02 (Includes
Fuel Content and Other Related Topics)
51.8 HOT MIX ASPHALT PLANTS
51.9 INCINERATION
51.10 NITRIC ACID PLANTS
51.11 NON-FERROUS SMELTERS (Zn, Cu, etc.) - Sulfur Dioxide
51.12 NUCLEAR ENERGY FACILITIES (Includes Related Topic)
51.13 OPEN BURNING (Includes Forest Management. Forest F1re, F1re
Fighting Practice, Agricultural Burning and Related Topics)
51.14 PAPER PULP; WOOD PULP AND KRAFT MILLS (Includes Related Topics)
51.15 PETROLEUM REFINERIES
51.16 PETROLEUM STORAGE (Includes Loading, Unloading, Handling and
Related Topics)
51.17 SECONDARY METAL OPERATIONS (Includes Aluminum, Steel and Related
Topics)
51.18 SULFURIC ACID PLANTS
51.19 SULFURIC RECOVERY OPERATIONS
51.20 WOOD WASTE BURNERS
51.21 MISCELLANEOUS TOPICS
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TABLE OF CONTENTS
Revised Standard
Subject Index
(2.0)
(1.0)
(2.0)
(2.0)
(15.0)
(3.0)
(2.0)
(2.0)
(6.0)
(3.0)
(3.0)
(3.0)
(9.0)
(3.0)
(2.0)
(3.0)
(2.0)
(3.0)
SAN DIEGO COUNTY
Reg -
Rule Number
1
2
3
4
5
10
11
12
13
14
17
18
19
20
21
22
23
24
REGULATIONS
Title
Title
Definitions
Standard Conditions
Review of Rules
Authority to Arrest
Permits Required
Exemptions
Transfer
Compliance Time
Applications
Cancellation of
Applications
Action on Applications
Provisions of Sampling
and Testing Facilities
Standards for Granting
Applications
Conditional Approval
Denial of Applications
Further Information
Applications Deemed
Page
Number
1
1
3
3
3
4
6
11
11
11
11
12
12
12
13
13
14
Denied 14
vlii
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Revised Standard Reg - Page
Subject Index Rule Number Title Number
(2.0) 25 Appeals 14
(3.0) 40 Application Fees 14
(3.0) 41 Annual Permit
Renewal Fees 15
(16.0) 42 Hearing Board Fees 15
(51.1) 43 Orchard or Citrus
Grove Heaters 16
(13.0) 44 Technical Reports,
Charges For 16
(50.i:2) 50 Visible Emissions 16
(50.0) 51 Nuisance 16
(50.1) 52 Particulate Matter 16
(50.0) 53 Specific Contaminants 17
(51.21) 53.1 Scavenger Plants 17
(50.1) (50.6) 54 Dust and Fumes 17
(2.0) 55 Exceptions 19
(51.9) 58 Incinerator Burning 19
(2.0) 60 Circumvention 19
(51.16) 61 Storage of Volatile
Organic Components 20
(50.2) 62 Sulfur Content of Fuels 22
(51.16) 63 Volatile Organic
Compound Loading
Facilities 22
(51.21) 64 Reduction of Animal
Matter 25
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Revved Standard Reg - Page
Subject Index Rule Number Title Number
(51.16) 65 Volatile Organic
Compound Water
Separators 26
(50.4) 66 Organic Solvents 27
(51.7) 68 Fuel Burning Equip-
ment - Oxides of
N1trogen 31
(51.1) 70 Orchard Heaters 33
(2.0) 75 General 33
(2.0) 76 Filing Petitions 33
(2.0) 77 Contents of Petitions 33
(5.0) 78 Petitions for
Variances 35
(2.0) 79 Appeal From Denial 35
(2.0) 80 Failure to Comply
With Rules 35
(2.0) 82 Answers 36
(2.0) 83 Dismissal of Petition 36
(16.0) 84 Place of Hearing 36
(16.0) 85 Notice of Hearing 36
(2.0) 86 Evidence 36
(2.0) 87 Preliminary Matters 37
(2.0) 88 Official Notice 37
(2.0) 89 Continuances 37
(2.0) 90 Decision 37
. x _
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"
Revised Standard Reg - Page
Subject Index Rule Number Title Number
(2.0) 91 Effective Date of
Decision 37
(3.0) 95 Lack of Permit 37
(6.0) 96 Compliance Schedules 37
(1.0) 101 Definitions 38
(51.13) 102 Open Fires, Western
Section 39
(51.13) 103 Open Fires, Eastern
Section 39
(2.0) 104 Further Exceptions 40
(3.0) (51.13) 105 Burning Permits 40
(3.0) 106 Permit Duration 41
(51.13) 107 Burning Hours 41
(51.13) 108 Burning Conditions 41
(3.0) 109 Temporary Suspension
of Permits 42
(51.13) 110 Additional Burning
Limitations 42
(2.0) 111 Prior Notification 42
(13.0) (51.13) 112 Burning Report 42
(51.13) 113 Plan For Open Burning
Control in San Diego
County 43
(2.0) 140 Validity 43
(2.0) 141 Effective Date 43
(2.0) 175 General 43
xi
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Revised Standard Reg - Page
Subject Index Rule Number Title Number
(2.0) 176 Information Supplied
to District 44
(14.0) 177 Inspection of
Public Records 45
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RULES AND REGULATIONS - AIR POLLUTION CONTROL
SAN DIEGO COUNTY
REGULATION 1. GENERAL PROVISIONS
(2.0) Rule 1 Title
These rules and regulations shall be known as the Rules and Regulations of
the Air Pollution Control District of San Diego County.
(1.0) Rule 2 Definitions
(a) Except as otherwise specifically provided in these rules and except
where the context otherwise Indicates, words used In these rules are
used in exactly the same sense as the same words are used in Chapter 2,
Division 20, of the Health and Safety Code.
(b) 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.
(c) BOARD "Board" means the A1r Pollution Control Board of the Air
Pollution Control District of San Diego County.
(d) CONTROL OFFICER "Control Officer" means the Air Pollution Control
Officer of the Air Pollution Control District of San Diego County.
(e) HEARING BOARD "Hearing Board" means the Hearing Board of the Air
Pollution Control District of San Diego County.
(f) SECTION "Section" means section of the Health and Safety Code of
the State of California unless some other statute is specifically
mentioned.
(g) RULE "Rule" means a rule of the Air Pollution Control District of
San Diego County.
(h) REGULATION "Regulation" means one of the major subdivisions of the
rules of the Air Pollution Control District of San Diego County.
(i) WESTERN SECTION OF AIR POLLUTION CONTROL DISTRICT OF SAN DIEGO
COUNTY "Western Section of A1r Pollution Control District of
San Diego County" is defined as all of that portion of San Diego
County, State of California, lying westerly of the following
described line:
1. Beginning at the Northwest of Township 9 South, Range 1 West,
San Bernardino Base and Meridian;
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2. thence running Southerly along the West line of said township to
the South line thereof;
3. thence Easterly along said South line to the range line between
Range 1 West and Range 1 East;
4. thence Southerly along said range Hne to the township line be-
tween Township 11 South and 12 South;
5. thence Easterly along said township line to the range line be-
tween Range 1 East and Range 2 East;
6. thence Southerly along said range line to the International
boundary between the United States of America and Mexico.
That portion of San Diego County lying easterly of the above-described
line shall be known as "Eastern Section of A1r Pollution Control District
of San Diego County."
(j) AIR CONTAMINANT. "Air Contaminant" includes smoke, charred paper,
dust, soot, grime, carbon, noxious acids, fumes, gases, odors, or
particulate matter, or any combination thereof,
(k) PARTICULATE MATTER. "Particulate matter" is any material, except
uncombined water, which exists in a finely divided form as a liquid
or solid at standard conditions. This definition shall not apply to
sources covered by Regulation X, Standards of Performance for New
Stationary Sources.
(1) PROCESS WEIGHT PER HOUR. "Process Weight" is the total weight of
all materials introduced into any specific process which process may
cause any discharge into the atmosphere. Solid fuels charged will
be considered as part of the process weight, but liquid and gaseous
fuels and combustion air will not. "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 equip-
ment is idle.
(m) DUSTS. "Dusts" are minute solid particles released into the air by
natural forces or by mechanical processes such as crushing, grinding,
milling, drilling, demolishing, shoveling, conveying, covering, bag-
ging, sweeping, etc.
(n) CONDENSED FUMES. "Condensed Fumes" are minute solid particles gener-
ated by the condensation of vapors from solid matter after volatiliza-
tion from the molten state, or may be generated by sublimation, distil-
lation, calcination, or chemical reaction, when these processes create
air-borne particles.
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(o) COMBUSTION CONTAMINANTS. "Combustion Contaminants" are particulate
matter discharged into the atmosphere from the burning of any kind of
material containing carbon 1n a free or combined state,
(p) ATMOSPHERE. "Atmosphere" means the air that envelops or surrounds
the earth. Where air pollutants are emitted Into a building not
designed specifically as a piece of air pollution control equipment,
such emission into the building shall be considered an emission into
the atmosphere.
(q) COMBUSTIBLE REFUSE. "Combustible Refuse" 1s any solid or liquid com-
bustible waste material containing carbon in a free or combined state,
(r) MULTIPLE-CHAMBER INCINERATOR. "Multiple-Chamber Incinerator" is any
article, machine, equipment, contrivance, structure or part of a
structure, used to dispose of combustible refuse by burning, consist-^
ing of three or more refractory lined combustion furnaces in series,
physically separated by refractory walls, Interconnected by gas pas-
sage ports or ducts and employing adequate design parameters neces-
sary for maximum combustion of the material to be burned, The refrac-
tories 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.
(s) ORCHARD HEATER. "Orchard Heater" means any article, machine, bowl
burner or contrivance, which 1s designed for, used, maintained or
capable of being used to burn any kind of fuel capable of emitting
air contaminants for frost protection 1n areas not completely enclosed.
The word "orchard" includes orchards or plant nurseries.
(2.0) Rule 3. . Standard Conditions
As used in these regulations, "standard conditions" means a gas temperature
of 68 degrees Fahrenheit (20 degrees Centigrade) and a gas pressure of 14.70
pounds per square inch absolute (29.92 Inches of mercury). Results of all
analyses and tests shall be calculated or reported at this gas temperature
and pressure, unless otherwise specified.
(2.0) Rule 4. Review of Rules
The Rules and Regulations of the Air Pollution Control District shall be
reviewed periodically by a Citizens' Advisory Committee composed of such
representatives of government, Industry and the public as may be appointed
by the Air Pollution Control Board. Such review shall be conducted at
such times as the Air Pollution Control Board shall direct.
(15.0) Rule 5. Authority To Arrest
The Air Pollution Control Officer and any officer or employee of the San
Diego County Air Pollution Control District designated by him is hereby
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authorized to arrest a person 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 a violation of any statute, ordinance, order, rule,
or regulation which the Air Pollution Control Officer or such officer or
employee has the duty to enforce, including but not limited to provisions
of the State of California Health and Safety Code and all orders, regulations
and rules prescribed by the Air Pollution Control Board. In any case in
which a person is arrested pursuant hereto and the person arrested does not
demand to be taken before a magistrate, the public officer or employee mak-
ing the arrest shall prepare a written notice to appear and release the per-
son on his promise to appear, as prescribed by Chapter 5C (commencing with
Section 853.6) of the Penal Code. The provisions of said Chapter 5C shall
thereafter apply with reference to any proceeding based upon the issuance of
the written notice to appear. Authority to arrest 1s granted 1n accordance
with Penal Code Section 836.5.
REGULATION 11. PERMITS.
(3.0) Rule 10. Permits Required
(a) AUTHORITY TO CONSTRUCT. Any person building, erecting, altering or
replacing any article, machine, equipment or other contrivance, the
use of which may cause the issuance of air contaminants or the use of
which may eliminate or reduce or control the Issuance of air contami-
nants, shall first obtain written authorization for such construction
from the Air Pollution Control Officer. A separate Authority to Con-
struct will be required for each piece of equipment, product line,
system, process line or process that produces a product or performs
a service independently of other equipment, product lines, systems,
process lines or processes. An Authority to Construct shall remain
in effect until the permit to operate the equipment for which the
application was filed is granted or denied or the application is
cancelled.
(b) PERMIT TO OPERATE. Before any article, machine, equipment or other
contrivance described in Rule 10 (Authority to Construct) may be
operated or used, a written permit shall be obtained from the Air
Pollution Control Officer. No permit to operate or use shall be
granted either by the Air Pollution Control Officer or the Hearing
Board for any article, machine, equipment or contrivance described
in Rule 10 (Authority to Construct), constructed or installed with-
out authorization as required by Rule 10 (Authority to Construct)
until the information required is presented to the Air Pollution Con-
trol Officer and such article, machine, equipment or contrivance is
altered, if necessary, and made to conform to the standards set
forth in Rule 20 and elsewhere in these rules and regulations. A
separate Permit to Operate will be required for each piece of equip-
ment, product line, system, process Hne or process that produces
a product or performs a service independently of other equipment,
product lines, systems, process lines or processes.
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(c) POSTING OF PERMIT TO OPERATE. A person who has been granted under
Rule 10 a Permit to Operate any article, machine, equipment or other
contrivance described in Rule 10(b), shall firmly affix such Permit
to Operate, an approved facsimile, or other approved identification
bearing the permit number upon the article, machine, equipment or
other contrivance in such a manner as to be clearly visible and
accessible. In the event that the article, machine, equipment or
other contrivance is so constructed or operated that the Permit to
Operate cannot be so placed, the Permit to Operate shall be mounted
so as to be clearly visible 1n an accessible place within 25 feet of
the article, machine, equipment or other contrivance, or maintained
readily available at all times on the operating premises.
(d) ALTERATION OF PERMIT. A person shall not willfully deface, alter,
forge, counterfeit or falsify any permit Issued under these rules and
regulations.
(f) PERMIT TO SELL OR RENT.
1. Any person who sells or rents to any other person an incinerator
which may be used to dispose of combustible refuse by burning
within San Diego County and which incinerator is to be used ex-
clusively in connection with any structure, designed and used ex-
clusively as a dwelling for not more than four families, shall
first obtain a permit from the A1r Pollution Control Officer to
sell or rent such incinerator.
2. Any person who rents to any other person for less than one year
any article, machine, equipment or other contrivance, not exempted
from the permit to operate requirement by Rule 11, 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 a permit from the Air Pollution Control Officer
to rent such article, machine, equipment or contrivance. If a
person obtains a Permit to Rent for any such article, machine,
equipment or contrivance, such permit shall apply to all like
articles, machines, equipment or contrivances rented by said person.
(g) CONTROL EQUIPMENT. Nothing 1n this rule shall be construed to authorize
the control officer to require the use of machinery, devices or equipment
of a particular type or design, if the required emission standard may
be met by machinery, device, equipment, product or process change other-
wise available.
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(2.0) Rule 11. Exemptions
An Authority to Construct or a 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 contrivance
mounted on such vehicle that would otherwise require a permit under
the provisions of these rules and regulations.
(b) Vehicles used to transport passengers or freight.
(c) Equipment utilized exclusively in connection with any structure, which
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.
5. Uater cooling towers and water cooling ponds not used for evapora-
tive cooling of process water or not used for evaporative cooling
of water from barometric jets or from barometric condensers.
6. Equipment used exclusively for steam cleaning.
7. Presses used exclusively for extruding metals, minerals, plastics
or wood.
8. Equipment used exclusively for space heating, other than boilers.
9. Equipment used for hydraulic or hydrostatic testing.
10. All sheet-fed printing presses, and all other printing presses
without dryers.
11. Ovens used exclusively for the curing of plastics which are con-
currently being vacuum held to a mold or for the softening or
annealing of plastics.
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12. Equipment used exclusively for the dyeing or stripping (bleaching)
of textiles where no organic solvents, diluents or thinners are
used.
13. Equipment used exclusively to mill or grind coatings and molding
compounds where all materials charged are in a paste form,
14. Crucible type or pot type furnaces with a brimful capacity of less
than 450 cubic Inches of any molten metal.
15. Equipment used exclusively for the melting or applying of wax
where no organic solvents, diluents or thinners are used.
16. Equipment used exclusively for bonding lining to brake shoes,
17. Lint traps used exclusively 1n conjunction with dry-cleaning
tumblers.
18. Equipment used in eating establishments for the purpose of pre-
paring food for human consumption.
19. Equipment used exclusively to compress or hold dry natural gas.
20. Tumblers used for the cleaning or deburrlng of metal products
without abrasive blasting.
21. Shell core and shell-mold manufacturing machines,
22. Molds used for the casting of metals,
23. Abrasive blast cabinet-dust filter Integral combination units
where the total internal volume of the blast section is 50 cubic
feet or less.
24. Batch mixers of 5 cubic feet rated working capacity or less.
25. Equipment used exclusively for the packaging of lubricants or
greases.
26. Equipment used exclusively for the manufacture of water emulsions
of asphalt, greases, oils or waxes.
27. Ovens used exclusively for the curing of vinyl plastisols by the
closed mold curing process.
28. Equipment used exclusively for conveying and storing plastic
pellets.
29. Equipment used exclusively for the mixing and blending of mater-
ials at ambient temperature to make water based adhesives.
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30. Platen presses used for laminating.
31. Equipment for which a permit to sell or rent has been issued pur-
suant to Rule 10(f).
(e) The following equipment or any exhaust system or collector serving
exclusively such equipment,:
1. Blast cleaning equipment using a suspension of abrasive in water.
2. Ovens, mixers and blenders used in bakeries where the products are
edible and intended for human consumption;
3. Kilns used for firing ceramic ware, heated exclusively by natural
gas, liquefied petroleum gas, electricity or any combination
thereof.
4. Laboratory equipment used exclusively for chemical or physical
analyses and bench scale laboratory equipment.
5. Equipment used for inspection of metal products.
6. Confection cookers where the products are edible and intended for
human consumption.
7. Equipment used exclusively for forging, pressing, rolling or
drawing of metals or for heating metals Immediately prior to forg-
ing, pressing, rolling or drawing.
8. Die casting machines.
9. Atmosphere generators used in connection with metal heat treating
processes.
10. Photographic process equipment by which an image is reproduced
upon material sensitized to radiant energy.
11. Brazing, soldering or welding equipment.
12. Equipment used exclusively for the sintering of glass or metals.
13. Equipment used for buffing (except automatic or semiautomatic
tire buffers) or polishing, carving, cutting, drilling, machining,
routing, sanding, sawing, surface grinding or turning of ceramic
artwork, ceramic precision parts, leather, metals, plastics, rub-
ber, fiberboard, masonry, asbestos, carbon or graphite,
14. Equipment used for carving, cutting, drilling, surface grinding,
planing, routing, sanding, sawing, shredding or turning of wood,
or the pressing or storing of sawdust, wood chips or wood shav-
ings.
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15. Equipment using aqueous solutions for surface preparation, clean-
ing, stripping or etching (does not Include chemical milling); or
equipment using aqueous solutions for the electrolytic plating
with, electrolytic polishing of, or the electrolytic stripping of
brass, bronze, cadmium, copper, iron, lead, nickel, tin, zinc and
precious metals.
16. . Equipment used for washing or drying products fabricated from
metal, cloth, fabric or glass, provided that no oil or solid fuel
is burned.
17. Laundry dryers, extractors or tumblers used for fabrics cleaned
only with solutions of bleach or detergsnts.
18. Foundry sand mold forming equipment to which no heat 1s applied.
19. Ovens used exclusively for curing potting materials or castings
made with epoxy resins.
20. Equipment used to liquefy or separate oxygen, nitrogen or the rare
gases from the air.
21. Equipment used for compression molding and injection molding of
plastics.
22. Mixers for rubber or plastics where no material in powder form
is added and no organic solvents, dilutents or thinners are used.
23. Equipment used exclusively to package Pharmaceuticals and cos-
metics or to coat pharmaceutical tablets.
24. Equipment used exclusively to gind, blend or package tea, cocoa,
spices or roasted coffee.
25. Roll mills or calendars for rubber or plastics and no organic
solvents, diluents or thinners are used.
26. Vacuum producing devices used in laboratory operations or in
connection with other equipment which is exempt by Rule 11.
27. Spray booths with blower motors rated at or below 3/4 horsepower.
(f) Steam generators, steam superheaters, water boilers, water heaters,
closed heat transfer systems and other stationary fuel-burning equip-
ment that have a maximum heat Input rate of less than 50 million Bri-
tish Thermal Units (BTU) per hour (gross), and are fired exclusively
with one of the following:
1. Natural gas.
2. Liquified petroleum gas.
.9.
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3. A combination of natural gas and liquefied petroleum gas.
(g) Natural draft hoods, natural draft stacks or natural draft ventilators,
(h) Containers, reservoirs or tanks for the storage of organic compounds,
as follows:
1. With a capacity of 250 gallons or less.
2. With a capacity greater than 250 gallons, provided that such con-
tainers, reservoirs or tanks will be used exclusively to store
organic compounds with vapor pressures of less than 1.5 pounds
per square inch absolute under actual storage conditions.
(i) Natural gas-fired or liquefield petroleum gas-fired or electrically-
heated furnaces for heat treating glass or metals, the use of which
does not Involve molten materials.
(j) Crucible furnaces, pot furnaces or induction furnaces, with a capacity
of 1,000 pounds or less each, in which no sweating or distilling is
conducted and from which only the following metals are poured or in
which only the following metals are held in a molten state:
1. Aluminimum or any alloy containing over 50 percent aluminum.
2. Magnesium or any alloy containing over 50 percent magnesium.
3. Lead or any alloy containing over 50 percent lead.
4. Tin or any alloy containing over 50 percent tin.
5. Zinc or any alloy containing over 50 percent zinc.
6. Copper.
7. Precious metals.
(k) Vacuum cleaning systems used exclusively for Industrial, commercial
or residential housekeeping purposes.
(1) Structural changes which cannot change the quality, nature or quantity
of air contaminant emissions.
(m) Repairs or maintenance not involving structural changes to any equip-
ment for which a permit has been granted.
(n) Identical replacements in whole or in part of any article, machine,
equipment or other contrivance where a permit to operate had previously
been granted for such equipment under Rule 10.
Any article, machine, equipment, contrivance or their exhaust systems,
the discharge from which contains airborne radioactive materials and
which is emitted into the atmosphere 1n concentrations above the nat-
ural radioactive background concentration 1n air. "Airborne radio-
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active material dispersed in the air in the form of dusts, fumes,
smoke, mists, liquids, vapors or gases.
Atomic energy development and radiation protection are controlled by the
State of California to the extent 1t has jurisdiction thereof, in accordance
with the advice and recommendations made to the Governor by the Advisory
Council on Atomic Energy Development and Radiation Protection. Such
development and protection are fully regulated by the United States Atomic
Energy Commission to the extent that such authority has not been delegated
to the states.
(2.0) Rule 12. Transfer
Any permit or written authorization issued hereunder shall not be trans-
ferable, by operation of law or otherwise, from one piece of equipment to
another, or from one person to another. Permits or written authorizations
issued hereunder may be transferred from one location to another with the
authorization of the Air Pollution Control Officer.
(6.0) Rule 13. Compliance Time
Notwithstanding the provisions of Rule 10 requiring a Permit to Operate, a
person operating or using any machine, equipment or other contrivance who
is not subject to the prohibitions contained in Rules 61, 63, 64, 65 and
66 until January 1, 1974, may continue to operate or use such article, mach-
ine, equipment or contrivance until said January 1, 1974, without obtaining
a Permit to Operate; provided, however, that such person shall nevertheless
be required to submit compliance schedules in accordance with said Rules 61,
63, 64, 65 and 66 and to obtain an Authority to Construct for any altera-
tions in such article, machine, equipment or contrivance for the purpose
of bringing them into compliance with the prohibitions of said Rules 61, 63,
64, 65 and 66.
(3.0) Rule 14. Applications
Every application for an Authority to Construct or any permit required
under Rule 10 shall be filed in the manner and form prescribed by the Air
Pollution Control Officer, and shall give all the information necessary to
enable the A1r Pollution Control Officer to make the determination required
by Rule 20 hereof.
(3.0) Rule 17. Cancellation of Applications
(a) An Authority to Construct shall expire and the application shall be
cancelled one year from the date of issuance of the Authority to Con-
struct; provided, however, that when a period of longer than one year
is stated in the application to be required for the construction, the
Authority to Construct shall expire and the application shall be
cancelled upon the expiration of such construction period, but in any
event not later than five years from the date of issuance of the Author-
ity to Construct.
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(b) An application for permit to operate or use existing equipment shall
be cancelled six months from the date of filing of the application,
Applications filed prior to the effective date of this rule shall, for
the purpose of this rule, be considered as filed on the effective
date of this rule.
(3.0) Rule 18. Action on Applications
The Air Pollution Control Officer shall act, within 90 days, if possible,
on an application for Authority to Construct, Permit to Operate, or Permit
to Sell or Rent, and shall notify the applicant 1n writing by mall or in
person of the action taken, namely, approval, conditional approval or
denial. Notice of the action taken shall be deemed to have been given
when the written notification has been deposited in the mall, postpaid,
addressed to the address shown on the application, or when personally
delivered to the applicant or his representative,
(9.0) Rule 19. Provision of Sampling and Testing Facilities
A person operating or using any article, machine, equipment or other
contrivance for which these rules require a permit shall provide and main-
tain such sampling and testing facilities as specified In the Authority to
Construct or Permit to Operate.
(3.0) Rule 20. Standards For Granting Applications
(a) The Air Pollution Control Officer shall deny an Authority to Construct
or Permit to Operate or Use or Permit to Sell or Rent, except a? pro-
vided in Rule 21, if the applicant does not show that every article,
machine, equipment or other contrivance, the use of which may cause the
issuance of air contaminants, 1s so designed, controlled or equipped
with such air pollution control equipment, that it may be expected
to operate without emitting air contaminants 1n violation of Sections
24242 or 24243, Health and Safety Code, or of these rules and regula-
tions.
(b) Before an Authority to Construct or a Permit to Operate is granted.
the Air Pollution Control Officer may require the applicant to provide
and maintain such facilities as are necessary for sampling and testing
purposes in order to secure Information that will disclose the nature,
extent, quantity or degree of air contaminants discharged into the
atmosphere from the article, machine, equipment or other contrivance
described in the Authority to Construct or Permit to Operate, In
the event of such a requirement, the A1r Pollution Control Officer
shall notify the applicant 1n writing of the required size, number
and location of sampling holesj the size and location of the sampling
platform; the access to the sampling platform; and the utilities for
operating the sampling and testing equipment. The platform and
access shall be constructed 1n accordance with the General Industrial
Safety Orders of the State of California.
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(c) In acting upon a Permit to Operate, if the Air Pollution Control Of-
ficer finds that the article, machine, equipment or other contrivance
has not been constructed in accordance with the Authority to Con-
struct, he shall deny the Permit to Operate, The Air Pollution Con-
trol Officer shall not accept any further application for Permit to
Operate the article, machine, equipment or other contrivance so con-
structed until he finds that the article, machine, equipment or other
contrivance has been constructed 1n accordance with thi Authority to
Construct.
(2.0) Rule 21. Conditional Approval
(a) The Air Pollution Control Officer may Issue an Authority to Construct
or a Permit to Operate or Use, subject to conditions which will bring
the operation of any article, machine, equipment or other contrivance
within the standards of Rule 20, in which case the conditions shall
be specified in writing. Commencing work under such an Authority to
Construct or operation under such a Permit to Operate shall be deemed
acceptance of all the conditions so specified. The A1r Pollution Con-
trol Officer shall issue an Authority to Construct or a Permit to
Operate with revised conditions upon receipt of a new application, if
the applicant demonstrates that the article, machine, equipment or
other contrivance can operate within the standards of Rule 20 under the
revised conditions.
(b) The Air Pollution Control Officer may Issue a Permit to Sell or Rent,
Subject to conditions which will bring the operation of any article,
machine, equipment or other contrivance within the standards of Rule 20,
in which case the conditions shall be specified in writing. Selling
or renting under such a Permit to Sell or Rent shall be deemed accept-
ance of all the conditions so specified. The A1r Pollution Control
Officer shall issue a Permit to Sell or Rent with revised conditions
upon receipt of a new application, 1f the applicant demonstrates that
the article, machine, equipment or other contrivance can operate within
the standards of Rule 20 under the revised conditions,
(3.0) Rule 22. Denial of Applications
In the event of denial of an Authority to Construct, Permit to Operate or
Permit to Sell or Rent, the A1r Pollution Control Officer shall notify the
applicant in writing of the reasons therefor. Service of this notification
may be made in person or by mall, and such service may be proved by the
written acknowledgment of the persons served or affidavit of the person
making the service. The Air Pollution Control Officer shall not accept a
further application unless the applicant has complied with the objections
specified by the Air Pollution Control Officer as his reasons for denial
of the Authority to Construct, the Permit to Operate or the Permit to Sell
or Rent.
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(2.0) Rule 23. Further Information
Before acting on an application for Authority to Construct, Permit to
Operate or Permit to Sell or Rent, the Air Pollution Control Officer may
require the applicant to furnish further information or further plans or
specifications.
(3.0) Rule 24. Applications Deemed Denied
The applicant may at his option deem the Authority to Construct, Permit to
Operate or Permit to Sell or Rent denied 1f the Air Pollution Control
Officer fails to act on the application within 90 days after filing, or
within 30 days after applicant furnishes the further Information, plans
and specifications requested by the A1r Pollution Control Officer, which-
ever is later.
(2.0) Rule 25. Appeals
Within 10 days after notice, by the A1r Pollution Control Officer, of
denial or conditional approval of an Authority to Construct, Permit to
Operate or Use or Permit to Sell or Rent, the applicant may petition the
Hearing Board, in writing, for a public hearing. The Hearing Board, after
notice and a public hearing held within 30 days after filing the petition,
may sustain, reverse or modify the action of the A1r Pollution Control
Officer; such order may be made subject to specified conditions.
REGULATION III. FEES
(3.0) Rule 40. Application Fees
Every applicant, except any state or local governmental agency or public
district, for an Authority to Construct and/or a Permit to Operate any
article, machine, equipment or other contrivance, shall pay a fee of $40,00
for each application filed. When a single application 1s submitted for
both an Authority to Construct and a Permit to Operate, the filing fee
shall be $40.00. Where an application 1s filed for a Permit to Operate any
article, machine, equipment or other contrivance by reason of transfer from
one person to another, and where a Permit to Operate had previously been
granted under Rule 10 and no alteration, addition or transfer of location
has been made, the applicant shall pay a $10.00 filing fee.
Where a single Permit to Operate has been granted under Rule 10, and where
the Air Pollution Control Officer would have issued separate or revised
permits for each permit unit included in the original application, the Air
Pollution Control Officer may issue such separate or revised permits with-
out fees.
A request for a duplicate Permit to Operate shall be made in writing to the
Air Pollution Control Officer within 10 days after the destruction, loss
or defacement of a Permit to Operate. A fee of $5.00 shall be charged,
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except to any state or local government agency or public district, for
issuing a duplicate Permit to Operate.
(3.0) Rule 41. Annual Pehrrit Renewal Fees
For the calendar year 1973, and for each calendar year thereafter, any per-
son, except any state or local governmental agency or public district, who
holds a Permit to Operate as required by Rule 10(b) of thest rules and reg-
ulations and who in fact operates any article, machine, equipment, or
other contrivance pursuant to said permit on or after January 1 of any such
calendar year shall pay to the A1r Pollution Control District of the County
of San Diego an annual permit renewal fee as follows:
First permit to operate at each location $20.00
Each additional permit at same location ... $10,00
A Permit to Operate issued pursuant to these rules and regulations shall
expire on December 31 of the year in which 1t was Issued. The permit
may be renewed for succeeding calendar years upon approval of a permit
renewal application by the A1r Pollution Control Officer and upon payment
by the applicant of the annual permit renewal fee to the Air Pollution
Control Officer on or before January 1 of the calendar year to which the
permit is to apply. For each calendar month or fraction of a calendar
month after January 31 during which the permit applicant falls to file
the renewal application and pay the annual renewal fee, the annual renewal
fee shall be increased by an amount equal to ten percent (10%) of the
applicable annual fee specified above; provided, however, in no event
shall the annual renewal fee be increased by an amount in excess of sixty
percent (60%) of the applicable annual fee.
(16.0) Rule 42. Hearing Board Fees
(a) Every applicant or petitioner for variance, or for the extension,
revocation or modification of a variance, or for an appeal from a
denial or conditional approval of an Authority to Construct, Permit
to Operate or Permit to Sell or Rent, except any state or local
governmental agency or public district, shall pay to the Clerk of the
Hearing Board, on filing, a fee 1n the sum of $10.00. It is hereby
determined that the cost of administration of Article 5, Chapter 2,
Division 20, Health and Safety Code or Rule 25 of these rules and
regulations, exceeds $10.00 per petition.
(b) Any person requesting a transcript of the hearing shall pay the cost
of such transcript.
(c) This rule shall not apply to petitions filed by the Air Pollution
Control Officer.
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(51.1) Rule 43. Orchard or Citrus Grove Heaters
The fee requirements provided in Rules 40 and 41 shall not apply to persons
applying for or possessing permits for orchard or citrus grove heaters.
(13.0) Rule 44. Technical Reports. Charges For
Information, circulars, reports of technical work, and other reports pre-
pared by the Air Pollution Control District when supplied to other govern-
mental agencies or Individuals or groups requesting copies of the same may
be charged for by the District in a sum not to exceed the cost of prepara-
tion and distribution of such documents. All such monies collected shall
be turned Into the General Fund of the County of San Diego,
REGULATION IV. PROHIBITIONS
(50.1.2) Rule 50. Visible Emissions
A person shall not discharge into the atmosphere from any single source
of emission whatsoever any air contaminants for a period or periods aggre~
gating more than three minutes 1n any period of 60 consecutive minutes
which is:
(a) Darker in shade than that designate^ as Number 1 on the Ringelmann
Chart, as published by the United States Bureau of Mines, or of such
opacity as to obscure an observer's view to a degree greater than
does smoke of a shade designated as Number 1 on the Rlngelmann Chart.
(b) For the purpose of this rule, a single source shall consist of the
total number of units of equipment at a given location, including
associated outlets to the atmosphere, the simultaneous operation of
which may be required in the course of operation.
(50.0) Rule 51. Nuisance
A person shall not discharge from any source whatsoever such quantities of
air contaminants or other material which cause injury, detriment, nuisance,
or annoyance to any considerable number of persons or to the public or
which endanger the comfort, repose, health or safety of any such persons
or the public or which cause or have a natural tendency to cause injury
or damage to business or property. The provisions of this rule do not
apply to odors emanating from agricultural operations in the growing of
crops or raising of fowls or animals.
(50.1) Rule 52. Particulate Matter
A person shall not discharge into the atmosphere from any source particu-
late matter in excess of, 0.1 grain per dry standard cubic foot of gas, In
those instances where Rule 53 or Rule 54 is applicable the requirements of
this rule do not apply.
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(50.0) Rule 53. Sped f i c Contami nants
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 of
discharge:
(a) Sulfur Compounds calculated as sulfur dioxide (SCU): 0.05 percent by
dry volume.
(b) Combustion Contaminants: Except as provided In subdivision (c) of this
rule, 0.1 grain per dry standard cubic foot of gas calculated to 12
percent of carbon dioxide (CO?). In measuring the combusion contami-
nants from incinerators used to dispose of combustible refuse by bum-
ing, the carbon dioxide (C0£) produced by combustion of any liquid or
gaseous fuels shall be excluded from the calculation to 12 percent of
carbon dioxide (C02).
(c) Combustion Contaminants from incinerators with a rated capacity of
100 pounds per hour or less: 0.3 grain per dry standard cubic foot
of gas calculated to 12 percent of carbon dioxide (C0£)° In measuring
the combustion contaminants from Incinerators used to dispose of com-
bustible refuse by burning, the carbon dioxide (C02) produced by com-
bustion of any liquid or gaseous fuels shall be excluded from the cal-
culation to 12 percent of carbon dioxide
(d) Fluorine Compounds: Emissions shall be controlled to the maximum
degree technically feasible 1n respect to the process or operation
causing such emission, but no emission shall be permissible which may
cause Injury to the property of others.
(51.21) Rule 53.1. Scavenger Plants
Where a separate source of air pollution is a scavenger or recovery plant,
recovering pollutants which would otherwise be emitted to the atmosphere,
the A1r Pollution Control Officer may grant a temporary Permit to Operate
where the total emissions of pollutants is substantially less with the
plant in operation than when closed, even though the concentration exceeds
that permitted by Rule 53(a). The A1r Pollution Control Officer shall
report immediately in writing to the A1r Pollution Control Board the grant
ing of any such permit, together with the facts and reasons therefor,
(50.1) Rule 54. Dust and Fumes
(50.6)
A person shall not discharge in any one hour into the atmosphere from any
source whatsoever dust or fumes, including lead and lead compounds, in
excess of the amounts shown in the following tables;
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TABLE
ut/hl^/fhf^ Maximum Weight *Process Maximum Weight
Wt/hr (Ibs) Disch/hr (Ibs) Wt/hr (Ibs) D1sch/hr (Ibs)
50 .24 300 1,20
100 ,46 350 l* 35
150 .66 400 l.*50
200 .852 450 1 63
250 1.03 500 l 77
550 1.89 3900 5.85
600 2.01 4000 5.93
S£ 2.12 4100 6.01
700 2.24 4200 6.08
750 2.34 4300 6 15
800 2.43 4400 6*22
850 2.53 4500 6.'30
900 2.62 4600 6 37
950 2.72 4700 6*45
1000 2.80 4800 6.'52
100 2.97 4900 6,60
200 3.12 5000 667
300 3.26 5500 7.03
400 3.40 6000 7,37
1500 3.54 6500 7.71
1600 3.66 7000 8 05
1700 3.79 7500 8,'39
800 3.91 8000 8 71
1900 4.03 8500 9.03
2000 4.14 9000 9.36
2100 4.24 9500 9.67
2200 4.34 10000 10 00
2300 4.44 11000 10,* 63
2400 4.55 12000 11.28
2500 4.64 13000 11.89
2600 4.74 14000 12.50
2700 4.84 15000 13.13
2800 4.92 16000 13.74
2900 5.02 17000 14.36
3000 5.10 18000 14.97
3100 5.18 19000 15.58
3200 5.27 20000 16.19
3300 5.36 30000 22 22
3400 5.44 40000 28.30
3500 5.52 50000 34.30
3600 5.61 60000 40.00
3700 5.69 or
3800 5.77 more
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* To use the above table, take the process weight per hour as such is
defined in Rule 2(1), Then find this figure on the table, opposite
which is the maximum number of pounds of contaminants which may be dis-
charged into the atmosphere in any one hour. As an example, 1f 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 Tibs', by 3 giving a process
weight per hour of 500 Ibs. The table shows that A may not discharge
more than 1.77 Ibs. 1n any one hour during the process. Whsre the process
weight per hour falls between figures 1n the left hand col mm, the exact
weight of permitted discharge may be Interpolated.
(2.0) Rule 55. Exceptions
The provisions of Rule 50 do not apply to:
(a) Smoke from fires set pursuant to Rules 102 and 103.
(b) Smoke from the use of an orchard or citrus grove heater which does
not produce unconsumed solid carbonaceous matter at a rate in excess
of one gram per minute and omissions from the use of other equipment
in agricultural operations 1n the growing of crops.
(51.9) Rule 58. Incinerator Burning
A person shall not burn any combustible refuse 1n any incinerator except
in a multiple-chamber incinerator as described 1n Rule 2(r), or in equip-
ment found by the A1r Pollution Control Officer 1n advance of such use
to be equally effective for the purpose of air pollution control as an
approved multiple-chamber Incinerator. This rule shall not apply to
equipment used to dispose of. combustible refuse where the disposal of
such refuse by open fire is allowed under Rule 102 or Rule 103.
(2.0) Rule 60. Circumvention
No person shall build, erect, Install or use any article, machine, equip-
ment, contrivance, or process, the use of which either conceals or dilutes
an emission which would otherwise constitute a violation of Division 26,
Part 4, Chapter 3, of the Health and Safety Code of the State of California
or of these Rules and Regulations. Such concealment Includes, but is not
limited to, the piecemeal carrying out of an operation to avoid coverage
by a standard that applies only to operations larger than a specified size,
or the use of gaseous diluents to achieve compliance with an opacity stand-
ard or with a standard which is based on the concentration of a pollutant
in the gases discharged to the atmosphere. This rule shall not apply to
ases in which the only violation Involved 1s of Section 41700 of the Health
and Safety Code of the State of California, or of Rule 51 of these Rules
and Regulations.
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[51.16) Rule 61. Storage of Volatile Organic Compounds
(a) A person shall not hold or store any volatile organic compound hav-
ing a vapor pressure of 1.5 pounds per square Inch absolute or greater
under actual storage conditions In any stationary tank, reservoir or
other container of more than 550 gallons capacity or 1n any stationary
tank, reservoir or other container having a total output of 2,000
gallons per month or more unless such tank, reservoir or container is
used exclusively as a source of fuel for wind machines used for agri-
cultural purposes or 1s designed and equipped with one of the follow-
ing vapor loss control devices or systems which 1s determined by the
Air Pollution Control Officer to be adequate for controls, properly
Installed, in good working order and properly used:
1. A pressure tank maintaining, at all times, working pressures
sufficient to prevent vapor or gas loss to the atmosphere.
2. A floating roof consisting of a pontoon type or double-deck type
roof, or Internal floating cover resting on the surface of liquid
contents and equipped with a closure seal, or seals, to close the
space between the roof edge and tank wall. (This control equipment
is not appropriate if the volatile organic compound has a vapor
pressure of 11 pounds per square Inch absolute or greater under
actual storage conditions.) All tank gauging and sampling devices
shall be gas-tight except when gauging or sampling 1s taking place.
3. A vapor collection and disposal system, consisting of a vapor
gathering system capable of collecting the volatile organic com-
pound vapors and gases, and a vapor disposal system as.prescribed
in Rule 63. All tank gauging and sampling devices shall be gas-
tight except when gauging or sampling Is taking place, and a
tank shall not be opened for gauging or sampling when the pressure
in said tank is above atmospheric pressure.
4. Other equipment of at least equal efficiency to the equipment
specified in (1), (2), and (3) above, provided plans for such
equipment are submitted to and approved by the A1r Pollution Con-
trol Officer.
Tanks required by this rule may be equipped with automatic
emergency pressure relief valves necessary to meet any other
requirements of law.
(b) Notwithstanding subdivision (a) of this Rule, a person holding or
storing the above-specified compounds 1n a stationary tank, reservoir,
or other container of more than 550 gallons capacity or having a total
output of 2,000 gallons per month or more, which was either in exist-
ence on June 30, 1972 or In the process of being installed for use on
said June 30, 1972 on the premises where they were to be used, shall
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not be subject to the provisions of subdivision (a) of this Rule until
December 1, 1974, provided, however, that such person Is hereby re<*
quired to (1) file on or before July 1, 1972 a compliance schedule
with the Air Pollution Control Officer showing how the person will
bring his operations Into compliance with subdivision (a) of this
Rule on or before said December 1, 1974, and (2) obtain from the
A1r Pollution Control Officer before September 1, 1974 an Authority
to Construct the required vapor loss control device or system. Fail-
ure to file such compliance schedule or abide by Its terms shall
render the prohibition contained In subdivision (a) of this Rule
immediately applicable to such person on July 1, 1972 or on the
date of said person's failure to abide by said compliance schedule,
and failure to obtain an Authority to Construct before September 1,
1974 shall render the prohibition contained In subdivision (a) of
this Rule immediately applicable to such person on September 1, 1974.
(c) Notwithstanding any other provision of these Rules and Regulations
to the contrary, a person shall not hold or store any volatile organic
compound having a vapor pressure of 1.5 pounds per square inch absol-
ute or greater under actual storage conditions 1n any stationary tank,
reservoir or other container which 1s located within 5,000 feet of
another stationary tank, reservoir or other container owned or opera-
ted by said person and 1n use for holding or storing such volatile
organic compounds, unless such tank, reservoir or container is used
exclusively as a source of fuel for wind machines used for agricul-
tural purposes or is designed and equipped with an approved vapor loss
control device or system 1n accordance with subdivision (a) of this
Rule 61; provided, however, that a person may store or hold gasoline
in a maximum of two tanks, reservoirs or other containers within 5,000
feet of one another provided said tanks each have a capacity of 550
gallons or less and a total output of less than 2,000 gallons per
month, and the gasoline 1n one tank has an octane rating higher than
95 and the gasoline in the other tank has an octane rating of 95 or
less, and there is minimum difference 1n octane rating of at least
4 between the gasoline in the two tanks.
(d) The storage of perchloroethylene, 1, 1, 1, trichloroethane, propane
and natural gas when not mixed with other volatile organic compounds
having a vapor pressure of 1.5 pounds per square Inch absolute or
greater under actual storage conditions 1s exempt from the provisions
of this Rule.
(e) Notwithstanding subdivision (a) of this Rule, a person holding or
storing the volatile organic compounds specified in said subdivision
(a) in a stationary tank, reservoir or other container which was either
in existence on June 30, 1972 or in the process of being installed on
the premises where it was to be used on said June 30, 1972, shall not
be subject to the provisions of subdivision (a) of this Rule, pro-
vided that the total throughput of said tank, reservoir or other con-
tainer does not exceed 2,000 gallons during any calendar month and
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said tank, reservoir or container Is equipped to be loaded through a
permanent submerged fill pipe. For the purposes of this subdivision
(e), "submerged fill pipe" means any fill pipe which has Its discharge
opening entirely submerged when the liquid level 1s six inches above
the bottom of the tank. "Submerged fill pipe" when applied to a
tank which is loaded from the side means any fill pipe which has Its
discharge opening entirely submerged when the liquid level 1s 18
inches above the bottom of the tank,
(50.2) Rule 62. Sulfur Content of Fuels
A person shall not operate any steam generators, steam superheaters, water
heaters, closed heat transfer systems, or any other stationary fuel-burning
equipment, except as provided for by Rule 53,1, in the San Diego Basin,
unless:
(a) Any gaseous fuel used contains no more than 10 grains of sulfur com-
pounds, calculated as hydrogen sulfide, per 100 cubic feet of dry
gaseous fuel, at standard conditions.
(b) Any liquid or solid fuel used contains no more than 0,5 percent
sulfur by weight, or
(c) The equipment can be so operated as to achieve equivalent results,
documented by the person by stack test to the satisfaction of the
Air Pollution Control Officer.
(51.16) Rule 63. Volatile Organic Compound Loading Facilities
(a) A person shall not (1) load or allow the loading of volatile organic
compounds having a vapor pressure of 1.5 pounds per square inch
absolute or greater, under actual storage conditions from any loading
facility into any tank truck or trailer, railroad tank car, tanker, or
stationary storage tank, except tanks used exclusively as a source of
fuel for wind machines used for agricultural purposes with a capacity
of more than 550 gallons or having a total Input of 2,000 gallons per
month or more, or (2) load or allow the loading of such compounds
from any loading facility with a capacity of more than 550 gallons or
having a total output of 2,000 gallons per month or more into any
boat or motor vehicle or aircraft fuel tank having a capacity greater
than 5 gallons, unless such loading facility or such tanks with a
capacity of more than 550 gallons or having a total input or output
of 2,000 gallons per month or more are equipped with a vapor collec-
tion and disposal system, properly installed, 1n good working order,
and 1n operation. Loading shall be accomplished In such a manner
that displaced vapor and air from all sources shall be vented only
to a vapor disposal system through vapor paths from which hydrocarbon
emissions do not exceed the following limits:
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1. Except as provided 1n subparagraph (2) below, hydrocarbon
emission concentration shall not exceed 0,1% by volume
during fuel transfer operations at a distance of 1/2" from any
point on the vapor path, exclusive of exhausts from yapor dis-
posal units and emergency vapor releases through pressure
relief valves necessary to meet other requirements of law,
2. Hydrocarbon emission concentration during vehicle fueling
operations shall not exceed 0.9% by volume for 90% of the
number vehicles fueled at a distance of 1/2" from the vehicle/
vapor control nozzle Interface.
The term "vapor path" as used in this rule refers to the path of vapor
travel through the vapor collection and disposal system Including all
points between the vapor return opening in any fuel dispensing device,
the storage tank fill pipe, and the point Immediately inside the vapor
disposal unit exhaust.
A determination of whether a system meets the standards set forth in
subparagraph (2) herein for 90% of the vehicles fueled shall be based
on tests of that number of vehicles which the A1r Pollution Control
Officer determines is representative of the total vehicle population
within the boundaries of the A1r Pollution Control District, Where
fuel transfer operations at a facility are limited to a type or
types of vehicles, the Air Pollution Control Officer shall base such
a determination on tests of that number of vehicles he determines is
representative of the type or types of vehicles fueled at the facility,
A means shall be provided to prevent drainage of the above-specifled
compounds from the loading device when it is removed from the loading
point, or to accomplish complete drainage before such removal. No
person shall Intentionally spill any of the above<-specif led compounds,
"Vapor disposal system" means a device or combination of devices into
which vapors are passed before being vented to the atmosphere. Vapor
disposal systems must employ either adsorption, absorption, condensa-
tion or other means having a minimum continuous recovery or disposal
efficiency of 90 percent by weight of vapors entering the system
(except during emergency vapor releases through automatic emergency
pressure relief valves necessary to meet other requirements of law),
providing that the specific applications of such systems are approved
by the Air Pollution Control Officer. Such systems must be in opera-
tion at all times during venting. Intermediate storage vessels may
be used prior to disposal of vapors as prescribed above, provided
they are so designed as to prevent release of vapors at any time
during use.
(b) (Revision effective 3/29/74). Notwithstanding subdivision (a) of
this rule, a person loading or allowing the loading of the above-
specified compounds in the above-specified storage vessels from the
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above-specified loading facilities, either of which were in existence
on June 30, 1972 or in the process of being installed for use on said
June 30, 1972, shall not be subject to the provisions of subdivision
(a) of this rule until December 1, 1974, provided, however, that such
person is hereby required to (1) file on or before July 1, 1972, a
compliance schedule with the Air Pollution Control Officer showing
how the person will bring his operation into compliance with sub-
division (a) of this rule on or before said December 1, 1974, and
(2) obtain from the Air Pollution Control Officer before September 1,
1974 an Authority to Construct the required vapor collection and dis-
posal system. Failure to file such compliance schedule or abide by
its terms shall render the prohibition contained 1n subdivision (a)
of this rule Immediately applicable to such person on July 1, 1972
or on the date of said person's failure to abide by said compliance
schedule, and failure to obtain an Authority to Construct before
September 1, 1974 shall render the prohibition contained in subdiv-
ision (a) of this rule immediately applicable to such person on
September 1, 1974.
(c) Notwithstanding subdivision (a) of this rule, a person loading or
allowing the loading of the above-specified compounds into aircraft
fuel tanks from loading facilities which were 1n existence on
September 30, 1973 or in the process of being Installed for use on
said September 30, 1973, shall not be subject to the provisions of
subdivision (a) of this rule until January 1, 1975 in respect to the
loading or allowing the loading of such aircraft fuel tanks, provided,
however, that such person is hereby required to file on or before
October 1, 1973, a compliance schedule with the Air Pollution Control
Officer showing how the person will bring his aircraft fuel tank
loading operations into compliance with subdivision (a) of this rule
on or before January 1, 1975. Failure to file such a compliance
schedule or abide by its terms shall render the prohibition contained
in subdivision (a) of this rule immediately applicable to such person
on October 1, 1973 or on the date of said person's failure to abide
by said compliance schedule.
(d) The loading of perchloroethylene, 1,1,1, trichloroethane, propane and
natural gas when not mixed with other volatile organic compounds hav-
ing a vapor pressure of 1.5 pounds per square inch absolute or greater
under actual storage conditions 1s exempt from the provisions of this
rule.
(e) (Effective 1/30/74.) Notwithstanding subdivision (a) of this rule,
a person loading or allowing the loading of the volatile organic
compounds specified in said subdivision (a) from a loading facility
into a stationary storage tank or from a stationary storage tank into
any boat or motor vehicle or aircraft fuel tank shall not be subject
to subdivision (a) of this rule, provided that (1) the stationary
storage tank was in existence on June 30, 1972 or in the process of
being installed for use on said June 30, 1972, (2) the throughput of
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said stationary tank does not exceed 2,000 gallons during any calendar
month, and (3) said stationary tank Is equipped to be loaded through
a permanent submerged fill pipe as defined In subdivision (e) of
Rule 61.
(51.21) Rule 64. Reduction of Animal Matter
(a) A person shall not operate or use any article, machine0 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:
1. Incinerated at temperatures of not less than 1200 degrees Fahr-
enheit for a period of not less than 0.3 second, or
2. Processed in a manner determined by the Air Pollution Control
Officer to be equally, or more, effective for the purpose of
air pollution control than (1) above.
(b) A person incinerating or processing gases, vapors or gas-entrained
effluents pursuant to this rule shall provide, properly install and
maintain in calibration, in good working order and in operation
devices, as specified in the Authority to Construct or Permit to
Operate or as specified by the A1r Pollution Control Officer, for
indicating temperature, pressure or other operating conditions.
(c) For the purpose of this rule, "reduction" 1s defined as any heated
process, including rendering, cooking, drying, dehydrating, digesting,
evaporating and protein concentrating.
(d) 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 to be consumed on the premises or to
be sold or delivered directly to a consumer.
(e) Any article, machine or other contrivance used exclusively for the
processing of food for human consumption to which this rule is
applicable despite subdivision (d) above, which was Installed and
in use on or before January 16, 1972, may continue to be operated
until January 1, 1974, and such operation shall not constitute a
violation of this rule, provided, however, that any person operating
such equipment is hereby required to file on or before July 1, 1972,
a compliance schedule with the A1r Pollution Control Officer showing
how the person will bring such equipment Into compliance with sub-
divisions (a) and (b) of this rule on or before January 1, 1974.
Failure to file such compliance schedule or abide by its terms shall
render the prohibitions and requirements contained in subdivisions
(a) and (b) of this rule immediately applicable to such person on
July 1, 1972, or on the date of said person's failure to abide by
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said compliance schedule.
(51.16) Rule 65. Volatile Organic Compound Water Separators
(a) A person shall not use any compartment of any vessel or device op-
erated for the recovery of oil from effluent water which recovers
200 gallons a day or more of any petroleum products from any equip-
ment which processes, refines, stores or handles hydrocarbons with
a Reid vapor pressure of 0.5 pound or greater, unless such compartment
is equipped with one of the following vapor loss control devices,
except when gauging or sampling is taking place:
1. A solid cover with all openings sealed and totally enclosing the
liquid contents of that compartment.
2. A floating pontoon or double-deck type cover, equipped with clo-
sure seals to enclose any space between the cover's edge and
compartment wall.
3. A vapor recovery system, which reduces the emission of all hydro-
carbon vapors and gasps into the atmosphere by at least 90 percent
by weight.
4. Other equipment of an efficiency equal to or greater than (1),
(2) or (3) is approved by the Air Pollution Control Officer.
This rule shall not apply to any oil-effluent water separator used
exclusively in conjunction with the production of crude oil, if the
water fraction of the oil-water effluent entering the separator con-
tains less than 5 parts per million hydrogen sulfide, organic sul-
fides or a combination thereof.
(b) Notwithstanding subdivision (a) of this rule, a person using equipment
specified in subdivision (a) of this rule for the purposes specified
therein which was either in existence on June 30, 1972, or in the
process of being installed on said June 30, 1972, on the premises
where said equipment was to be used, shall not be subject to the pro-
visions of subdivision (a) of this rule until January 1, 1974, pro-
vided, however, that such person is hereby required to file on or
before July 1, 1972, a compliance schedule with the Air Pollution
Control Officer showing how the person will bring his operation into
compliance with subdivision (a) of this rule on or before January 1,
1974. Failure to file such compliance schedule or abide by its
terms shall render the prohibition contained in subdivision (a) of
this rule immediately applicable to such person on July 1, 1972, or
on the date of said person's failure to abide by said compliance
schedule.
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(50.4) Rule 66. Organic Solvents
(a) A person shall not discharge Into the atmosphere more than 15
pounds of organic materials in any one day from any article, mach-
ine, equipment or other contrivance, in which any organic solvent
vapor comes into contact with flame in the presence of oxygen or in
which any organic solvent 1s evaporated at temperatures exceeding
200..degrees F. in the presence of oxygen, unless such discharge has
been reduced by at least 85 percent by weight. Those portions of
any series of articles, machines, equipment, processes9 operations or
other contrivances designed for processing any Item, including, but
not limited to, a continuous web, strip, or wire, which emit organic
materials and use operations described in this subdivision shall be
collectively subject to compliance with this subdivision.
(b) A person shall not discharge into the atmosphere more than 40 pounds
in any one day of organic materials from any article, machine, equip-
ment or other contrivance used under conditions other than described
in subdivision (a), for employing or applying any organic solvent or
material containing organic solvent which exceeds the compositional
limitations for photochenrtcally reactive compounds set forth in sub-
division (u), unless such discharge has been reduced by at least 85
percent by weight.
Emissions of organic materials resulting from any series of articles,
machines, equipment, processes, operations or other contrivances de-
signed for processing any item Including, but not limited to, a con-
tinuous web, strip, or wire and using operations described in this
subdivision shall be collectively subject to compliance with this
subdivision.
(c) A person shall not discharge Into the atmosphere more than 3,000
pounds in any one day of organic materials from any article, machine,
equipment or other contrivance used under conditions other than des-
cribed in subdivision (a) for employing or applying any organic sol-
vent or material containing organic solvent which does not exceed the
compositional limitations for photochemical 1y reactive compounds set
forth in subdivision (u), unless such discharge has been reduced by
at least 85 percent by weight. Emissions of organic materials re-
sulting from any series of articles, machines, equipment, processes,
operations or other contrivances designed for processing any item
including, but not limited to, a continuous web, strip or wire and
using operations described 1n this subdivision shall be collectively
subject to compliance with the subdivision.
(d) Effective October 1, 1975 a person shall not use any organic solvent
which exceeds the compositional limitations for photochemically reac-
tive compounds set forth in subdivision (u), to thin or reduce any
surface coating in preparation for application of said coating. This
does not exempt equipment or processes as described in subdivision (a),
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(b) or (c), in which any surface coating is employed, applied, or
dried from the applicable emissions limits of subdivisions (a), (b)
or (c).
(e) Notwithstanding subdivisions (a), (b) and (c) of this Rule, effective
July 1, 1975, a person shall not discharge into the atmosphere any
organic material from any degreasing operation employing an organic
solvent which exceeds the compositional limitations for photochemic-
ally reactive compounds set forth 1n subdivision (a), unless such dis-
charge has been reduced by at least 85 percent by weight.
(f) Notwithstanding subdivisions (a), (b), and (c) of this Rule, effec-
tive July 1, 1975, a person shall not discharge Into the atmosphere
any organic material from any dry cleaning operation employing an
organic solvent which contains photochemlcally reactive compounds
named in subdivision (u) in amounts, either Individually or in com-
bination, equal to or greater than 4 percent by volume of the total
solvent, unless such discharge has been reduced by at least 90 percent
by weight. If incineration is used as a control technique, 90 percent
or more of the carbon in the organic compounds being incinerated must
be oxidized to carbon dioxide.
(g) Effective January 1, 1976, no person shall use trlchloroethylene for
any degreasing or dry cleaning operation unless the discharge of
trichloroethylene from such operation has been reduced by at least
85 percent by weight.
(h) Emissions of organic materials to the atmosphere from the clean-up
with any organic solvent of any article, machine, equipment, process,
operation, or other contrivance described in subdivisions (a), (b),
(c), (e), (f) or (g) of this Rule, shall be included with the dis-
charge of organic materials into the atmosphere from that article,
machine, equipment, process, operation, or other contrivance for
determining compliance with subdivisions (a), (b), (c), (e), (f)
and (g) of this Rule.
(i) A person shall not, during any one day, discard, dump, or otherwise
dispose of a total of more than one and one-half gallons of any organ-
ic solvent which exceeds the compositional limitations for photo-
chemical ly reactive compounds set forth in subdivision (u) by any
means which will permit the evaporation of such solvent into the
atmosphere. Emissions resulting from the discard, dumping, or
other disposal of organic solvents used for any purpose with any
article, machine, equipment, process, operation or other contrivance
shall be included with the discharge of organic materials from that
article, machine, equipment, process, operation or other contrivance
for determining compliance with subdivisions (a), (b), (c), (e), (f)
and (g) of this Rule.
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(j) Discharge of organic materials into the atmosphere required to be
controlled by subdivisions (a), (b), (c), (e), (f) and (g) of this
Rule 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 and the discharge of organic materials 1s reduced by
at least 85 percent by weight, or
2. Adsorption, provided that the discharge of organic materials is
reduced by at least 85 percent by weight.
3. Processing in a manner determined by the A1r Pollution Control
Officer to be not less effective than (1) or (2) above.
(k) A person incinerating, adsorbing, or otherwise processing organic
materials pursuant to this Rule shall provide, properly Install and
maintain in calibration in good working order and in operation,
devices as specified 1n 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.
(1) A person shall not sell for use in San Diego County, in containers of
one-quart capacity or larger, any architectural coating containing
any organic solvent which exceeds the compositional limitations for
photochemically reactive compounds set forth 1n subdivision (u).
(m) A person shall not employ, apply, evaporate or dry 1n San Diego
County any architectural coating, purchased'1n containers of one-
quart capacity or larger, containing any organic solvent which
exceeds the compositional limitations for photochemlcally reactive
compounds set forth 1n subdivision (u).
(n) A person shall not thin or dilute any architectural coating with any
organic solvent which exceeds the compositional limitations for
photochemlcally reactive compounds set forth 1n subdivision (u).
(o) Any person using, or any person selling for use in San Diego County,
any organic solvents or any materials containing organic solvents
shall apply the Air 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 or sold
for each organic solvent.
(p) For the purposes of this Rule, whether or not a solvent exceeds the
compositional limitations for photochemlcally reactive compounds set
forth in subdivision (u) shall be determined as of the time that said
solvent is in its final form for application or employment, notwith-
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standing any prior blending, reducing, thinning, or other prepara-
tions for application or employment.
(q) For the purposes of this Rule, degreasing means any operation using
organic solvent as a surface cleaning agent prior to fabricating,
surface coating, electroplating or any other process.
(r) A dry cleaning operation means any operation wherein an organic sol-
vent is used in the cleaning of garments and other fabric materials.
(s) For the purposes of this Rule, an architectural coating is defined as
a surface coating used for residential, commercial, industrial,
marine or governmental structures and their appurtenances.
(t) For the purposes of this Rule, organic solvents are defined as or-
ganic materials which are liquids at standard conditions and which
are used as dissolvers, viscosity reducers, extractants, or cleaning
agents, or are reactants or products in manufacturing processes ex-
cept 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 degrees F.
(u) The compositional limitations of any organic solvent referred to in
this Rule are the volume percentages of the following photochemically
reactive compounds, compared to the total solvent volume:
1. A combination of hydrocarbons, alcohols, aldehydes, esters,
ethers or ketones having an olefinic or cycle-olefinic 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 branches hydrocar-
bon structures, trichloroethylene or toluene: 20 percent.
4. Any aggregate of (1), (2), or (3) above, provided their individual
volume percentages are not exceeded: 20 percent.
Whenever any organic solvent or constituent of an organic solvent may
be classified from its chemical structure into more than one of the
above groups of photochemically reactive compounds, it shall be con-
sidered as a member of the most reactive group, that is, that group
having the lowest individual percentage limitation.
(v) For the purposes of this Rule, organic materials are defined as chem-
ical compounds of carbon excluding carbon monoxide, carbon dioxide,
carbonic acid, metallic carbides, metallic carbonates and ammonium
carbonate.
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(w) The provisions of this Rule shall not apply to:
1. The use of equipment for which other requirements are specified
by Rules 61, 63 or 65 or which are exempt from air pollution con-
trol requirements by said Rules.
2. The spraying or other employment of insecticides, pesticides, or
herbicides.
3. The use of any material, in any article, machine, equipment or
other contrivance described 1n subdivisions (a), (b), (c) or (h)
of this Rule, 1f:
(i)' the volatile content of such material consists only of
water and organic solvents, and
(ii) the organic solvents comprise not more than 20 percent by
volume of said volatile content, and
(iii) the volatile content does not contain photochemical ly
reactive compounds in excess of the compositional limita-
tions set forth in subdivision (u), and
(iv) the organic solvent or any material containing organic sol-
vent does not come Into contact with flame or with an
electrical heating element.
4. The use of any material, in any article, machine, equipment, or
other contrivance described 1n sections (a), (b) or (c), if:
: (i) effective on and after January 1, 1977 the organic solvent
content of such material does not exceed 20 percent by
volume of said material; prior to January 1, 1977 the
organic solvent content of such material does not exceed
30 percent by volume of said material, and
(11) the volatile content does not contain photochemically
reactive compounds in excess of the compositional limita-
tions set forth in subdivision (u), and
(iii) the organic solvent or any material containing organic
solvent does not come into contact with flame or with an
electrical heating element.
(51.7) Rule 68. Fuel-Burning Equipment - Oxides.of Nitrogen
(a) Except as provided in Rule 68(b), a person shall not discharge into
the atmosphere from any non-mobile fuel-burning article, machine,
equipment or other contrivance, having a maximum heat input rating
of 50 million British Thermal Units (BTU) per hour (gross) or more,
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flue gas having a concentration of nitrogen oxides, calculated as
nitrogen dioxide (N02) at three (3) percent oxygen, on dry basis in
excess of that shown in the following table:
Type of Fuel Nitrogen Oxides, Parts per Million
a. Gas 125
b. Liquid or Solid 225
(b) A person shall not discharge into the atmosphere from any article,
machine, equipment or other contrivance used exclusively for the
stationary testing of turbine engines having a maximum heat input
rating of 50 million BTU per hour (gross) or more and which was in-
stalled and in use on or before January 1, 1977:
Flue gas having a concentration of nitrogen oxides, calculated as
nitrogen dioxide (N02) at three (3) percent oxygen on dry basis, in
excess of 1600 parts per million.
(c) A person operating or using any article, machine, equipment or other
contrivance used exclusively for the stationary testing of turbine
engines having a maximum heat Input rating of 50 million BTU per hour
(gross) or more shall by March 1, 1977:
1. Install, maintain and calibrate fuel flow monitoring devices
capable of providing burning rates at least once per minute.
2. Maintain an equipment log containing the following data:
(i) Test date and engine type,
(1i) Duration of operation by mode,
(iii) Fuel type and consumption by mode,
(iv) Breakdown and equipment malfunction,
(v) Deviation from normal test operating modes, and
(vi) Other data pertaining to equipment operation that may be
required by the Air Pollution Control Officer.
3. Provide a copy of the equipment log to the A1r Pollution Control
-Officer at his request, and upon written notice from the Air
Pollution Control Officer provide him with a summary of the emis-
sion data obtained. The portions of the equipment log and sum-
mary that are not trade secrets shall be available for public
inspection at the office of the A1r Pollution Control Officer.
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4. Retain the original records of equipment operation, Including all
log entries, for a minimum of two years.
(d) The Air Pollution Control Officer may inspect, as he determines to
be necessary, the monitoring devices required by this rule to ensure
that such devices are functioning properly.
(e) For the purpose of this rule, in calculating the concentration of
nitrogen oxides, the percentage of oxygen (62) in the ambient air and
in the flue gas shall be determined at the same time and place.
(51.1) Rule 70. Orchard Heaters
(a) Effective January 1, 1973, no person shall use any orchard heater, as
defined in Rule 2(s), unless such orchard heater is approved by the
State of California Air Resources Board or does not produce more than
one gram per minute of unconsumed solid carbonaceous material.
(b) Effective immediately, no person shall sell or offer for sale any
orchard heater, as defined in Rule 2(s) of these rules, unless such
orchard heater is approved by the State of California Air Resources
Board or does not produce more than one gram per minute of unconsumed
solid carbonaceous material.
(c) This rule does not apply to contrivances commonly known as wind
machines.
REGULATION V. PROCEDURE BEFORE THE HEARING BOARD
(2.0) Rule 75. General
This regulation shall apply to all hearings before the Hearing Board of the
Air Pollution Control District.
(2.0) Rule 76. Filing Petitions
Request for hearing shall be initiated by the filing of a petition in
triplicate with the Clerk of the Hearing Board at the San Diego County
Administration Center, 1600 Pacific Highway, San Diego, California, and
the payment of the fee of $10.00 provided for in Rule 42 of these rules
and regulations, after service of a copy of the petition has been made
on the Air Pollution Control Officer at 1600 Pacific Highway, San Diego,
California, and one copy on the holder of the permit or variance, if any,
involved. Service may be made 1n 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.
(2.0) Rule 77. Contents of Petitions
Every petition shall state:
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(a) The name, address and telephone number of the petitioner, or other
person authorized to receive service of notices.
(b) Whether the petitioner is an individual, co-partnership, corporation
or other entity, and names and address of the partners if a co-
partnership, names and address of the officer, if a corporation, and
the names and addresses of the persons in control, if other entity.
(c) The type of business or activity involved in the application and the
street address at which it is conducted.
(d) A brief description of the article, machine, equipment or other con-
trivance, if any, involved in the application.
(e) The section or rule under which the petition is filed; that is,
whether petitioner desires a hearing:
1. To determine whether a permit shall be revoked or suspended
permit reinstated under Section 24274, Health and Safety Code of
the State of California;
2. For a variance under Section 24292, Health and Safety Code:
3. To revoke or modify a variance under Section 24298, Health and
Safety Code; or
4. To review the denial or conditional granting of an Authority to
Construct, Permit to Operate or Permit to Sell or Rent under
Rule 25 of these rules and regulations.
(f) Each petition shall be signed by the petitioner, or by some person on
his behalf, and where the person signing 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 violation.
(h) Petitions for reinstatement of suspended permits shall allege in addi-
tion the rule under which the permit was granted, the request and
alleged refusal which formed the basis for such suspension, together
with a brief statement as to why information requested, if any, was
not furnished, whether such information 1s believed by petitioner to
be pertinent, and if so, when 1t will be furnished.
(i) All petitions shall be typewritten, double-spaced, on legal or letter
size paper, on one side of the paper only, leaving a margin of at
least one inch at the top and left side of each sheet.
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(5.0) Rule 78. Petitions For Variances
In addition to the matters required by Rule 77, petitions for variances
shall state briefly:
(a) The section, rule or order complained of.
(b) The facts showing why compliance with the section, rule or order is
unreasonable.
(c) For what period of time the variance is sought and why.
(d) The damage or harm resulting or which would result to petitioner
from a compliance with such section, rule or order.
(e) The requirements which petitioner can meet and the date when peti-
tioner can comply with such requirements.
(f) The advantages and disadvantages to the residents of the district
resulting from requiring compliance or resulting from granting a
variance.
(g) Whether or not operations under such variance, if granted, would
constitute a nuisance.
(h) Whether or not any case involving the same identical equipment or
process is pending in any court, civil or criminal.
(i) Whether or not the subject equipment or process is covered by a
Permit to Operate issued by the A1r Pollution Control Officer.
(2.0) Rule 79. Appeal From Denial
A petition to review a denial or conditional approval of an Authority to
Construct, Permit to Operate or Permit to Sell or Rent shall, 1n addition
to the matters required by Rule 77, set forth a summary of the application
or a copy thereof and the alleged reasons for the denial or conditional
approval and the reasons for appeal.
(2.0) Rule 80. Failure To Comply With Rules
The Clerk of the Hearing Board shall not accept for filing any petition
which does not comply with these rules relating to the form, filing and
service of petitions unless the chairman or any two members of the Hearing
Board direct otherwise and confirm such direction in writing. Such direc-
. tion need not be made at a meeting of the Hearing Board. The chairman or
any two members, without a meeting, may require the petitioner to state
further .facts or reframe a petition so as to disclose clearly the issues
involved.
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(2.0) Rule 82. Answers
Any person may file an answer within 10 days after service. All answers
shall be served the same as petitions under Rule 76.
(2.0) Rule 83. Dismissal of Petition
The petitioner may dismiss his petition at any time before submission of
the case to the Hearing Board, without a hearing or meeting of the Hearing
Board. The Clerk of the Hearing Board shall notify all interested persons
of such dismissal.
(16.0) Rule 84. Place of Hearing
All hearings shall be held at the Hearing Room, 1600 Pacific Highway,
San Diego, California, unless some other place is designated by the Hear-
ing Board.
(16.0) Rule 85. Notice of Hearing
The Clerk of the Hearing Board shall mall or deliver a notice of hearing
to the petitioner, the Air Pollution Control Officer, the holder of the
permit or variance involved, if any, and to any person entitled to notice
under Sections 24275, 24295 or 24299, Health and Safety Code.
(2.0) Rule 86. Evidence
(a) Oral evidence shall be taken only on oath or affirmation.
(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 covered
in the direct examination; to Impeach any witness regardless of which
party first called him to testify; and to rebut the evidence against
him. If respondent does not testify in his own behalf, he may be
called and examined as if under cross-examination.
(c) The hearing need not be conducted according to technical rules relat-
ing to evidence and witnesses. Any relevant evidence shall be ad-
mitted 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 suf-
ficient in itself to support a finding unless it would be admissible
over objection in civil actions. The rules of privilege shall be
effective to the same extent that they are now or hereafter may be
recognized in civil actions and irrelevant and unduly repetitious
evidence shall be excluded.
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(2.0) Rule 87. Preliminary Matters
Preliminary matters such as setting a date for hearing, granting continu-
ances, approving petitions for filing, allowing amendments and other pre-
liminary rulings not determinative of the merits of the case may be made
by the chairman or any two members of the Hearing Board without a hearing
or meeting of the Hearing Board and without notice.
(2.0) Rule 88. Official Notice
The Hearing Board may take official notice of any matter which may be
judicially noticed by the courts of this State.
(2.0) Rule 89. Continuances
The chairman or any two members of the Hearing Board shall grant any con-
tinuance of 15 days or less, concurred 1n by petitioner, the Air Pollution
Control Officer and by every person who has filed an answer in the action
and may grant any reasonable continuance; in either case such action may be
ex parte, without a meeting of the Hearing Board and without prior notice.
(2.0) Rule 90. Decision
The decision shall be by written order. If requested by either party, the
decision shall contain a brief statement of facts found to be true, the
determination of the issues presented and the order of the Hearing Board.
A copy of the decision shall be mailed or delivered to the Air Pollution
Control Officer, the petitioner and to every person who has filed an
answer or who has appeared as a party in person or by counsel at the
hearing.
(2.0) Rule 91. Effective Date of Decision
The decision shall become effective 15 days after delivering or mailing a
copy of the decision, as provided in Rule 90, or the Hearing Board may
order that the decision shall become effective sooner.
(3.0) Rule 95. Lack of Permit
The Hearing Board shall not receive or accept a petition for a variance
for the operation or use of any article, machine, equipment or other con-
trivance until a Permit to Operate has been granted or denied by the Air
Pollution Control Officer; except that an appeal from a denial of a Permit
to Operate and a petition for a variance may be filed with the Hearing
Board in a single petition. A variance granted by the Hearing Board
after a denial of a Permit to Operate by the Air Pollution Control Officer
may include a Permit to Operate for the duration of the variance.
(6.0) Rule 96. Compliance Schedules
Any person obtaining a variance from the Hearing Board for the operation
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or use of any article, machine, equipment or other contrivance shall by a
date determined by the Hearing Board prepare and submit to the Air Pollu-
tion Control Officer a compliance schedule showing how such article, mach-
ine, equipment or contrivance will be brought into full compliance with
all applicable requirements of these rules and regulations by the expira-
tion date of the variance. If said compliance schedule is not submitted
to the Air Pollution Control Officer by the date determined by the Hearing
Board, or if the compliance schedule submitted 1s not approved by the Air
Pollution Control Officer or if the person submitting such schedule fails
to abide by its terms, the A1r Pollution Control Officer may seek revoca-
tion or modification of the variance by the Hearing Board pursuant to
Section 24298 of the Health and Safety Code.
REGULATION VI - BURNING CONTROL
(1.0) Rule 101. Definitions
Whenever in this regulation the following words or phrases hereinafter
defined are used, they shall have the respective meaning assigned to them
in the following definitions:
(a) "Agricultural burning" means open outdoor fires used in agricultural
operations, forest or brushland management, range improvement, or
used in improvement of land for wildlife and game habitat.
(b) "Agricultural operations: means the growing and harvesting of crops
or raising of fowls or animals.
(c) "Range improvement" means the removal of vegetation for a wildlife
or game habitat or for the initial establishment of an agricultural
operation.
(d) "Forest or brushland management" means the removal of forest or
brushland vegetation to facilitate utilization or protection of forest
or brushland areas.
(e) "Open outdoor fire" means any fire ignited 1n the open or in any de-
vice other than a multiple-chamber Incinerator as defined in Rule
2(r).
(f) "Designated agency" means any agency designated by the State Air Re-
sources Board pursuant to Section 39298.1 of the Health and Safety
Code as having authority to issue burning permits.
(g) A "no-burn day" means any day on which burning is prohibited by
the California Air Resources Board or the A1r Pollution Control Dis-
trict.
(h) A "permissive-burn day" means any day on which burning is not pro-
hibited by the California A1r Resources Board or the Air Pollution
Control District.
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(i) "Approved Ignition Devices" means those devices, instruments or mate-
rials that will ignite open fires without the production of black
smoke by the ignition device, including, but not limited to, liquid
petroleum gas, butane, propane, or pressurized diesel fuel oil
burners, and flares. Said term does not include tires, tar paper,
oil, and other similar materials.
(j) "Brush treated" means that the material to be burned has been felled,
crushed or uprooted, or has been desiccated with herbicides.
(51.13) Rule 102. Open Fires, Western Section
A person shall not burn any combustible refuse in any open outdoor fire
within the western Section of Air Pollution Control District of San Diego
County except as provided below:
(a) When such fire is set under permit to train public or industrial
employees in the methods of fighting fires.
(b) When in the opinion of any public fire prevention officer such fire
is necessary for prevention of a fire hazard.
(c) When such fire is set to dispose of the unprocessed vegetative waste
material remaining from an agriculture operation the products of
which have an annual wholesale value of $500 or more, or to dispose
of diseased crops where there is no other practicable means of dis-
posal .
(d) When such fire is set by or under the supervision of official govern-
mental agencies administering formal programs or forest or brushland
management or range improvement Copies of such programs shall be filed
with the Air Pollution Control Officer, and annual summaries of
activities for the past year and forecasts for next year's activities
shall be filed with said Officer at the beginning of each calendar
year. If the range improvement burning is to be done primarily for
improvement of land for wildlife and game habitat, the applicant
shall file a statement with the A1r Pollution Control Officer as part
of his burning application from the Department of Fish and Game cer-
tifying that the burn is desirable and proper.
(51.13) Rule 103. Open Fire, Eastern Section
A person shall not burn any combustible refuse 1n any open outdoor fire
within ,the Eastern Section of the Air Pollution Control District of
San Diego County except as provided below:
(a) When such fire is set under permit to train public or industrial
employees in the methods of fighting fires, provided, however, that
no person shall burn liquid fuel for training purposes on more than
one day in any 30-day period.
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(b) When in the opinion of any public fire protection officer such fire
is necessary for prevention of a fire hazard, reasonable access by
light-duty truck to the bulk of the material constituting the hazard
is unavailable, and provided the necessary burning permit has been
obtained.
(c) When such fire is set to dispose of the unprocessed vegetative waste
material remaining from an agricultural operation the products of
which have an annual wholesale value of $500 or more, or to dispose
of diseased crops where there is no other practicable means of dis-
posal.
(d) When such fire is set by or under the supervision of official govern-
mental agencies administering formal programs or forest or brushland
management or range improvement Copies of such programs shall be
filed with the Air Pollution Control Officer, and annual summaries
of activities for the past year and forecasts for next year's
activities shall be filed with said Officer at the beginning of each
calendar year. If the range improvement burning 1s to be done pri-
marily for improvement of land for wildlife and game habitat, tne
applicant shall file a statement with the Air Pollution Control Of-
ficer as part of his burning application from the Department of F1sh
and Game certifying that the burn is desirable and proper.
(e) When such fire is set to dispose of combustible solid waste of a
single-family or two-family dwelling on its premises.
(f) When such fire is set for the purpose of right-of-way clearing by a
public entity or utility or for levee and ditch maintenance by such
entities.
(2.0) Rule 104. Further Exceptions
The prohibitions contained in Rules 102 and 103 shall not apply to:
(a) Fires set pursuant to Section 4426 of the Public Resources Code,
(b) Ceremonial and cooking fires, provided that clean dry fuels are used
and the fire is set in such manner as not to create a nuisance as
defined in Rule 51.
(c) Open, fires set pursuant to permits issued by the Air Resources Board
under provisions of Section 39297.4 of the Health and Safety Code,
(3.0) Rule 105. Burning Permits
(51.13)
No person shall set or allow the setting of any open outdoor fire allowed
by Rules 102 and 103, unless he has a valid.permit from a designated
agency.
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(3.0) Rule 106. Permit Duration
Burning permits shall not be valid for more than fifteen (15) days from
and including the date of issuance, provided, however, that the Air Pollu-
tion Control Officer may authorize the issuance of permits for periods
greater than fifteen days. Requests for such extensions should be made to
the Air Pollution Control Officer in writing by the applicant and should
be submitted through and with the endorsement of the designated agency.
This Rule shall not be applicable to permits for open burning authorized
by Rule 103(e).
(51.13) Rule 107. Burning Hours
Fires set pursuant to these rules shall be ignited during daylight hours
as specified by the local designated agency, provided, however, that no
ignition shall be allowed before 8:00 a.m., and no material shall be
added to the fire that would cause it to burn beyond sunset of each day.
All fires subject to these rules shall be extinguished at sunset of each
day, except that fires set pursuant to Rule 102[d) and Rule 103(d) may
be allowed to burn beyond sunset, provided 1t 1s impractical to extinguish
such fires at sunset and provided further that continued burning beyond
sunset will not result in a nuisance as defined in Rule 51 of these Rules
and Regulations.
(51.13) Rule 108. Burning Conditions
In addition to any other requirements stipulated by the designated agency
for the purpose of fire control and prevention, the material to be burned
pursuant to Rules 102 and 103 shall be:
(a) Completely free of tires, tar paper, paint cans, and other similar
materials, and reasonably free of dirt, soil, and visible surface
moisture.
(b) Arranged to burn with minimum production of smoke.
(c) Allowed to dry, as follows:
1. 60 days for trees and large branches, forest and brush!and man-
agement burning, and range Improvement burning. At least 90% of
all material to be burned in connection with forest or brushland
management burning or range Improvement burning shall be brush
treated.
2. 30 days for prunings and small branches.
3. 15 days for field crop wastes and other similar agricultural
wastes.
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4. 10 days for all other materials not specifically listed above
provided, however, that the A1r Pollution Control Officer or the
designated agency may stipulate other drying times for any of
the above items where such other drying times can be reasonably
expected to substantially reduce smoke which would otherwise be
produced.
(d) Ignited as rapidly as practicable within applicable fire control
regulations and with approved Ignition devices only, if such devices
are required.
(3.0) Rule 109. Temporary Suspension of Permits
Permits issued in accordance with Rules 102 and 103 shall be automatically
suspended for any day:
(a) Declared to be a "No-burn Day" by the California Air Resources Board
or the Air Pollution Control District, except that this provision
shall not be applicable to permits for open burning authorized by
Rule 103(e). The A1r Pollution Control Officer may waive application
of subparagraph (a) to burning authorized by Rules 102(d) and 103(d),
provided the applicant requests such action 1n writing, demonstrating
that suspension of burning would result in substantial economic loss.
(b) During which burning is prohibited by the designated agency having
jurisdiction over the site of the bum for the purposes of fire con-
trol or prevention.
(c) When the designated agency or the Air Pollution Control Officer
notifies the permittee that a fire would result in excessive smoke
drifting into a populated area.
(d) When Alerts or School Health Warnings have been announced by the Air
Pollution Control Officer.
(51.13) Rule 110. Additional Burning Limitations
The California Air Resources Board or the Air Pollution Control District
may limit the amount of material to be burned on Permissive Burn Days if
such action is necessary to maintain suitable air quality.
(2.0) Rule 111. Prior Notification
The permittee shall notify the designated agency prior to ignition of any
fire set in accordance with Rules 102 and 103, except that this Rule shall
not be applicable to burning authorized by Rule 103(e).
'.1'i 0} Rule 112. Burning Report
•;?''. 1J)
If requested tc do so by the designated agency or by the Air ^Dilution
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Control Officer, the permittee shall complete the burning report form
provided by the designated agency and shall return it to the designated
agency within ten (10) days of the termination date of his permit.
Failure to submit the report shall be cause to revoke any currently out-
standing permit and to refuse the Issuance of any new permit until the
requested report is duly filed.
(51.13) Rule 113. Plan For Open Burning Control In San Diego County
Pursuant to Section 39298.8 of the Health and Safety Code, the Plan For
Open Burning Control in San Diego County, a copy of which is attached
hereto as Exhibit "A" and by this reference Incorporated herein, is here-
by adopted.
REGULATION VII. VALIDITY AND EFFECTIVE DATE
(2.0) Rule 140. Validity
If any regulation, rule, sentence, clause or phrase of these rules and
regulations is, for any reason held to be invalid or unconstitutional,
such Invalidity or unconstitutionally shall not affect the validity or
constitutionality of the remaining portions of these rules and regula-
tions; it being hereby expressly declared that these rules and regula-
tions, and each regulation, rule, sentence, clause or phrase thereof
would have been prepared, proposed, adopted, approved and ratified
irrespective of the fact that any one or more of such regulations, rules,
sentences, clauses or phrases be declared Invalid or unconstitutional.
(2.0) Rule 141. Effective Date .
These rules and regulations shall take effect on January 1, 1969.
REGULATION IX. PUBLIC RECORDS
(2.0) Rule 175. General
(a) Pursuant to Section 6254.7 of the Government Code of the State of
California:
1. All information, analyses, plans or specifications that disclose
the nature, extent, quantity or degree of air contaminants or
other pollution which any article, machine, equipment, or other
contrivance will produce, which the Air Pollution Control Dis-
trict requires any applicant to provide before such applicant
builds, erects, alters, replaces, operates, sells, rents or uses
such article, machine, equipment or other contrivance, are
public records.
2. All air or other pollution monitoring data, including data com-
piled from stationary sources, are public records.
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3. Except as otherwise provided 1n subdivision (a)(4), trade secrets
are not public records under this Rule. "Trade secrets," as
used In this Rule and the Government Code, may Include, but are
not limited to, any formula, plan, pattern, process, tool, mech-
anism, compound, procedure, production data, or compilation of
information which is not patented, which 1s known only to cer-
tain 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 Its user an opportunity
to obtain a business advantage over competitors who do not know
or use it.
4. Notwithstanding any other provision of law, all air pollution
emission data, including these emission data which constitute
trade secrets as defined in subdivision (a) (3) of this rule,
are public records. Data used to calculate emission data are
not emission data for the purpose of this subdivision, and data
which constitute trade secrets and which are used to calculate
emission data are not public records.
(b) Pursuant to 40 Code of Federal Regulations, Part 51, Section 51.10(e),
emission date reported by any source owner or operator or otherwise
obtained by the Air Pollution Control District when made available as
public records shall be correlated with applicable emission limita-
tions and presented to show the relationship between amounts of
emissions discharged and amounts of emissions allowable under such
applicable emission limitations.
(c) Pursuant to Section 6252(e) of the Government Code of the State of
California, "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 combination thereof, and all
papers, maps, magnetic or paper tapes, photographic films and paints,
magnetic or punched cards, discs, drums, and other documents.
(d) "Emission data" are measured or calculated concentrations or weights
of air contaminants omitted into the atmosphere. Data used to cal-
culate emission data are not emission data.
(2.0) Rule 176. Information Supplied To District
(a) When requesting information from a person for determining the amount
of air contaminants from nonvehlcular sources, the Air Pollution Con-
trol District shall identify the information requested with suf-
ficient specificity to enable the person to Identify the information
sought. The District shall give notice in writing that the informa-
tion provided may be released (1) to the public on request, except
trade secrets which are not emission data, and (2) to the Federal
Environmental Protection Agency, which protects trade secrets as
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provided in Section 114(c) of the Clean Air Act as amended in 1970,
and in 40 Code of Federal Regulations, Chapter 1, Part 2.
(b) Any person from whom the Air Pollution Control District obtains any
records, whether requested by the District or furnished by the per-
son for some other reason, may label as "trade secret" any part of
those records which are entitled to confidentiality. Written just-
ification of the "trade secret" designation shall be furnished with
the records so designated, and the justification shall be a public
record. The justification shall be as detailed as possible without
disclosing the trade secret; the person may submit additional in-
formation to support the justification, which information, on
request, will be kept confidential in the same manner as the record
sought to be protected.
(14.0) Rule 177. Inspection of Public Records
(a) It is the policy of the Air Pollution Control District that all
records not exempted from disclosure by state law shall be open for
public inspection with the least possible delay and expense to the
requesting party.
(b) A request to inspect public records in the custody of the District
need not be in any particular form, but it must describe the
records with sufficient specificity to enable the District to
identify the information sought. The District may require that a
request to inspect be in writing.
(c) A request to inspect public records should be addressed to the
Air Pollution Control Officer, A1r Pollution Control District of
San Diego County, 1600 Pacific Highway, San Diego, California
92101.
(d) The District shall make available the records requested, with the
exception of those records specifically exempted from disclosure
by state law and those records labelled as "trade secret" which
are not emission data, within ten (10) working days of the date
of receipt of the request therefor. If, for good cause, the infor-
mation cannot be made available within ten (10) working days, the
District will notify the requesting person the reasons for the delay
and when the information will be available. Those records labelled
as "trade secret" shall be governed by the procedure set forth in
subdivision (f) of this rule.
(e) Within five (5) working days of receipt of a request to inspect
public records, the District shall advise the requesting person of
the following facts when appropriate:
•1. The location at which the public records in question may be
inspected, and the date and office hours during which they
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may be inspected.
2. If copies of the public records are requested, the cost of pro-
viding such copies, if any.
3. Which of the records requested, if any, have been labelled as
"trade secret" and are not public records. In such a case,
the District shall give the notice required by subdivision (g)
of this rule.
4. The specific reason why the records cannot be made available, if
such is the case. Reasons or unavailability may be, but are not
limited to, the following: the records are exempt from disclo-
sure by state law; the records cannot be identified from the
information contained in the request; status not determined;,
the records do not exist; the District has determined pursuant
to Section 6255 of the Government Code that on the facts of
the particular case the public interest served by not making the
record public clearly outweighs the public interest served by
disclosure of the records; or the records in question are not
in custody of the District. In the latter situation the District
shall, if possible, notify the requesting party of the entity
most likely to have custody of the records requested.
(f) Only those portions of records in the custody of the District which
are not emission data and (1) were labelled "trade secret" prior
to the adoption of this Regulation, (2) are hereafter specifically
labelled as "trade secret" pursuant to Rule 176(b), or (3) are re-
ceived from a state or other local agency, including an air pol-
lution control district, with a "trade secret" designation, shall be
subject to the procedure set forth in the following subdivision (g)
of this rule. All other portions of such records shall be made
available pursuant to subdivisions (a) through (e) of this rule.
(g) When the District receives a request to inspect any record labelled
with a "trade secret" designation which is not emission data, it
shall promptly notify the requesting party that such record is
designated a trade secret under Rule 176(b), and, if such is the
case, under law it cannot be made available. The notification
shall contain a copy of the justification of the request for con-
fidentiality, and if the party requesting the record considers the
justification inadequate, he may so advise the District in writing,
setting forth his reasons.
Upon receipt of such advice, the Air Pollution Control Officer
shall (1) promptly review in detail the justification, the chal-
lenge to the justification, and the record; (2) determine if the
record is in its entirety a trade secret; and (3) promptly notify
those persons affected of its decision in writing. If the Air
Pollution Control Officer withholds the record from inspection,
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the person requesting it may seek judicial relief under Section 6258
of the Government Code. If the District determines that the record
is in any significant part not a trade secret, the District shall
send notice by certified mail, return receipt requested, to the
person designating the information as a trade secret, with an ad-
ditional notice that the record in question shall be released for
inspection to the requesting party twenty-one days after receipt of
the notice, unless the District is restrained from so doing by a
court of competent jurisdiction.
Should the person designating the record as a trade secret seek pro-
tection in a court of law, the requesting party may be made a party
to the litigation to justify his challenge to the designation.
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