U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-296 690
Air Pollution Regulations in State
Implementation Plans: California,
San Joaquin 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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oEPA
'United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
EPA-ii50/3-78-b&-33
August T978~~
Air
Pollution Regulations
in State Implementation
Plans:
California
San Joaquin County
I7,,' - ',
I REPRODUCED BY
NATIONAL TECHNICAL
INFORMATION SERVICE
U. S. DEPARTMENT OF COMMERCE
SPRINGFIELD. VA. 22161
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TECHNICAL REPORT DATA
(Please read Instructions on the reverse before completing)
1. REPORT NO.
EPA-450/3-78-054-33
2.
3. RE
4. TITLE AND SUBTITLE
Air Pollution Regulations in State Implementation i
Plans: California San Joaquin County
S. REPORT DATE
August 1978
6. PERFORMING ORGANIZATION CODE
7. AUTHORISt
8. PERFORMING ORGANIZATION REPORT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Walden 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
15. SUPPLEMENTARY NOTES
EPA Project Officer: Bob Schell, Control Programs Development Division
16. ABSTRACT • •
This document has been produced in compliance with Section 110(h)(l) of the Clean Air
Act amendments of 1977. The Federally enforceable regulations contained in the State
Implementation Plans (SIPs) have been compiled for all 56 States and territories
(with the exception of the Northern Mariana Islands). They consist of both the
Federally approved State and/or local air quality regulations as indicated in the
Federal Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of the above
categories as of January 1,1978, have been incorporated. As mandated by Congress,
this document will be updated annually. State and/or local air quality regulations
which have not been Federally approved as of January 1, 1978, are not included here; •
omission of these regulations from this document in no way affects the ability of
the respective Federal, State, or local agencies to enforce such regulations.
17.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
b.lDENTIFIERS/OPEN ENDED TERMS C. COSATI Field/Group
Air pollution
Federal Regulations
Pollution
State Implementation Plans
18. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
19. SECURITY CLASS (This Report)
Unclassified
20. SECURITY CLASS (This page)
Unclassi fled
22. PRICE
A® \
EPA Form 2220-1 (9-73)
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EPA-450/3-78-054-33
Air Pollution Regulations
in State Implementation Plans:
0
California
San Joaquin CDunty__
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
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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-450/3-78-054-33
ii
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INTRODUCTION
This document has been produced in compliance with Section 110(h)(l)
of the Clean Air Act Amendments of 1977. The Federally enforceable
regulations contained in the State Implementation Plans (SIPs) have been •
compiled for all 56 States and territories (with the exception of the
Northern Mariana Islands). They consist of both the Federally approved
State and/or local air quality regulations as indicated in the Federal
Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of
the above categories as of January 1, 1978, have been incorporated. As
mandated by Congress, this document will be updated annually. State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.
There have been recent changes in the Federal enforceability of
parking management regulations and indirect source regulations. The
October, 1977, appropriation bill for EPA prohibited Federal enforcement
of parking management regulations in the absence of specific Federal
authorizing legislation. Federally promulgated parking management
regulations have, therefore, been suspended indefinitely. Pursuant to
the 1977 Clean Air Act Amendments, indirect source regulations may not
be required for the approval of a given SIP. Consequently, any State
adopted indirect source regulations 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
iii
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to the SIP and the date of the Federal Register in which the revision
was either approved or disapproved by EPA. Finally, a brief description
or reference of the regulation which was submitted is also included.
This document is not intended to provide a tool for determining
the enforceability of any given regulation. As stated above, it is
intended to provide a comprehensive compilation of those regulations
which are incorporated directly or by reference into Title 40, Part 52,
of the Code of Federal Regulations. Consequently, the exclusion of a
Federally approved regulation from this document does not diminish the
enforceability of the regulation. Similarly, the inclusion of a given
regulation (for example, regulations governing pollutants, such as odors,
for which there is no national ambient air quality standards) in this
document does not, in itself, render the regulation enforceable.
iv
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SUMMARY SHEET
OF
EPA-APPROVED REGULATION CHANGES
SAN JOAQUIN COUNTY (APCD)
Submittal Date
6/30/72
10/23/74
Approval Date
9/22/72
8/22/77
2/10/76
2/10/76
7/26/77
8/22/77
11/10/76
10/4/77
Description
All Regs, unless
otherwise specified
Rules 102, 103, 108,
108.1, 108.2, 113,
305, 404-406, 407.2,
407.3, 408, 408.1,
409.1, 409.2, 410,
413, 414, 416, 416.1.
A-C, D.3,E, 417, 420,
420.1, 421, 504, 505,
510-520.
Note: 407.3 is dis-
_approved.
Note: 407 submitted
on 6/30/72 is retained.
Rules 411.1 and 411.2
Rules 114, 401, 402,
407.1, 409, 411, 422,
423.
Note; 407.1 is dis-
approved.
Note: 407.1 submitted
on 6/30/72 is retained.
Rules 102, 103, 103.1,
104, 105, 111, 112,
301, 305, 402, 416.1,
501, 504, 511.
Note: 402(e) is dis-
approved. 10/4/77 FR.
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DOCUMENTATION OF CURRENT EPA-APPROVED
STATE AIR POLLUTION REGULATIONS
REVISED STANDARD SUBJECT INDEX
1.0 DEFINITIONS
2.0 GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES
3.0 REGISTRATION CERTIFICATES. OPERATING PERMITS AND APPLICATIONS
4.0 AIR QUALITY STANDARDS (PRIMARY AND SECONDARY)
4.1 PARTICULATES
4.2 SULFUR DIOXIDE
4.3 NITRIC OXIDES
4.4 HYDROCARBONS
4.5 CARBON MONOXIDE
4.6 OXIDANTS
4.7 OTHERS
5.0 VARIANCES
6.0 COMPLIANCE SCHEDULES
7.0 EQUIPMENT MALFUNCTION AND MAINTENANCE
8.0 EMERGENCY EPISODES
9.0 AIR QUALITY, SURVEILLANCE AND SOURCE TESTING
10.0 NEW SOURCE PERFORMANCE STANDARDS
11.0 NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS
12.0 MOTOR VEHICLE EMISSIONS AND CONTROLS
13.0 RECORD KEEPING AND REPORTING
14.0 PUBLIC AVAILABILITY OF DATA
15.0 LEGAL AUTHORITY AND ENFORCEMENT
16.0 HEARINGS, COMPLAINTS, AND INVESTIGATIONS
17.0 PREVENTION OF SIGNIFICANT DETERIORATION
18.0 AIR QUALITY MAINTENANCE AREA
19.0 - 49.0
RESERVED FOR FUTURE EXPANSION OF COMMON INDEX
50.0 POLLUTANT - SPECIFIC REGULATIONS
50.1 PARTICULATES
50.1.1 PROCESS WEIGHT
50.1.2 VISIBLE EMISSIONS
50.1.3 GENERAL
VI
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50.2 SULFUR COMPOUNDS '
50.3 NITRIC OXIDES j
50.4 HYDROCARBONS
50.5 CARBON MONOXIDE I
50.6 ODOROUS POLLUTANTS !
50.7 OTHERS (Pb, Hg, etc.) --|
51.0 SOURCE CATEGORY SPECIFIC REGULATIONS j
51.1 AGRICULTURAL PROCESSES (Includes Grain Handling, Orchard Heaters,
R1ce and Soybean Facilities, Related Topics) ;
51.2 COAL OPERATIONS (includes Cleaning, Preparation, Coal Refuse i
Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics) ;
51.3 CONSTRUCTION (Includes Cement Plants, Materials Handling, Topics j
Related to Construction Industry) |
51.4 FERROUS FOUNDRIES (includes Blast Furnaces, Related Topics) :
51.5 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Particulates |
(includes Fuel Content and Other Related Topics) • |
51.6 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (includes
Fuel Content and Other Related Topics) j
51.7 FUEL BURNING EQUIPMENT (oil, natural gas, coal) - N02 (includes
Fuel Content and Other Related Topics) i
51.8 HOT MIX ASPHALT PLANTS j
51.9 INCINERATION '
51.10 NITRIC ACID PLANTS |
51.11 NON-FERROUS SMELTERS (Zn, Cu, etc.) - Sulfur Dioxide !
51.12 NUCLEAR ENERGY FACILITIES (Includes Related Topic)
51.13 OPEN BURNING (Includes Forest Management, Forest Fire, Fire
Fighting Practice, Agricultural Burning and Related Topics)
51.14 PAPER PULP; WOOD PULP AND KRAFT MILLS (Includes Related Topics)
51.15 PETROLEUM REFINERIES
51.16 PETROLEUM STORAGE (includes Loading, Unloading, Handling and
Related Topics)
51.17 SECONDARY METAL OPERATIONS (includes Aluminum, Steel and Related
Topics)
51.18 SULFURIC ACID PLANTS
51.19 SULFURIC RECOVERY OPERATIONS
51.20 WOOD WASTE BURNERS
51;21 MISCELLANEOUS TOPICS
vn
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TABLE OF CONTENTS
SAN JOAQUIN COUNTY REGULATIONS
Revised Standard
Subject Index
•••
(2.0)
(1.0)
(14.0)
(14.0)
(15.0)
(2.0)
(2.0)
(9.0)
(9.0)
(9.0)
(9.0)
(15.0)
(7.0)
(2.0)
(15.0)
(2.0)
(2.0)
(3.0)
(2.0)
Reg-Rule
Number
Reg I
Rule 101
102
103
" 103.1
104
105
106
107
108
108.1
108.2
109
110
111
112
113
114
Req II
Rule 201
202
Title
General Provisions
Title
Definitions
Confidential Information
Inspection of Public Records
Enforcement
Order of Abatement
Land Use
Inspections
Source Monitoring
Source Sampling
Source Test Methods
Penalty
Equipment Shutdown, Startup
and Breakdown
Circumvention
Arrests and Notices to Appear
Severability
Applicability of Emission
Limits
Permi ts
Permits Required
Exemptions
Page
1
1
1
7
8
8
8
9
9
9
9
10
10
10
11
11
12
12
13
13
14
viii
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Revised Standard
Subject Index
(2.0)
(3.0)
(3.0)
(3.0)
(9.0)
(9.0)
(2.0)
(3.0)
(2.0)
- (3.0)
(2.0)
—
(3.0)
(3.0)
(2.0)
(13.0)
(16.0)
--
(50.1.2)
(2.0)
(50.1.2)
(50.1)
Reg-Rule
Number
203
204
205
206
207
208
209
210
211
212
213
Reg III
Rule 301
302
303
304
305
Reg IV
Rule 401
402
403
404
Title Page
Transfer 17
Applications 17
Cancellation of Applications 17
Action on Applications 17
Provision of Sampling and 17
Testing Facilities
Standards for Granting 18
Applications
Conditional Approval 18
Dental of Applications 19
Further Information 19
Applications Deemed Denied 19
Appeals 19
Fees 20
Permit Fee 20
Permi t Fee Schedules 22
Analysis Fees 26
Technical Reports - Charges 26
For
Hearing Board Fees 26
Prohibitions 27
Visible Emissions 27
Exceptions 27
Wet Plumes 27
Particulate Matter 28
Concentration
ix
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Revised Standard
Subject Index
(50.1)
(50.1.1)
(50.2)
(51.9)
(51.5)
(51.5) (51.6) (51.7)
(51.7)
(50.4)
(50.4)
(50.4)
(51.16)
(51.16)
(51.16)
(51.16)
(51.16)
(51.16)
(51.21)
(51.13)
(2.0)
(51.13)
Reg-Rule
Number
405
406
407
407.1
407.2
408
408.1
409
409.1
409.2
410
411
411.1
411.2
412
413
414
415
416
416.1
Title
Parti cul ate Matter - Emission
Rate
Process Weight Table
Sulfur Compounds
Disposal of Solid or Liquid
Waste
Fuel Burning Equipment -
Combustion Contaminants
Fuel Burning Equipment
Fuel Burning Equipment -
Oxides of Nitrogen
Organic Solvents
Architectural Coatings
Disposal and Evaporation
Storage of Petroleum Products
Gasoline Loading into Tanks
Transfer of Gasoline into
Stationary Storage Containers
Transfer of Gasoline into
Vehicle Fuel Tank
Organic Liquid Loading
Effluent Oil Water Separators
Reduction of Animal Matter
Open Burning
Exceptions
Agricultural Burning
Page
28
28
29
29
29
29
30
30
34
34
34
35
35
39
40
41
41
42
42
43
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(11.0)
Re
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Revised Standard Reg-Rule Title Page
Subject Index Number
(2.0) 514 Preliminary Matters 54
(2.0) 515 Official Notice 54
(2.0) 516 Continuances 55
(2.0) 517 Decision 55
(2.0) 518 Effective Date of Decision 55
(3.0) 519 Lack of Permit 55
(2.0) 520 Superior Court Actions 55
xi i
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REGULATION I - GENERAL PROVISIONS
(2.0) RULE 101 Title
These rules and regulations shall be known as the Rules and Regulations
of the San Joaquin County Air Pollution Control District.
(1.0) RULE 102 Definitions
Except as otherwise specifically provided in these Rules and, except where
the context otherwise indicates, wo»*ds used in these Rules are used in
exactly the same sense as the same wards are used in Division 26, of the
Health and Safety Code. J
a. Agricultural Burning
Any open outdoor fire used in agricultural operations 1n the growing
of crops or raising of fowl or animals, or range improvement or used
in the improvement of land for wildlife and game habitat, including
the burning of agricultural wastes.
b. Agricultural Operations
The growing and harvesting of crops/including timber, or the raising
of fowl , animals or bees, for the primary purpose of earning a liv-
ing.
c. Agricultural Wastes
Agricultural wastes are defined as unwanted or unsalvable materials
produced wholly from agricultural operations directly related to the
growing of crops or raising of animals for the primary purpose of
making a profit for a livelihood; or range improvement.
d. Air Contaminants
"Air Contaminants" means any discharge, release, or other propagation
into the atmosphere directly or indirectly, caused by man and includes,
but is not limited to, smoke, charred paper...etc.
e. Air Resources Board
The California State Air Resources Board or any person authorized o
act in its behalf.
f. Alteration
Any addition to, enlargement of, replacement of, or any major modifi-
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cation or change of the design, capacity, process, qr arrangement, or
any increase in the connected loading of, equipment or control ap-
paratus, which will significantly increase or affect the kind or
amount of air contaminants emitted.
g. Approved Ignition Devices
Includes those instruments or materials that will ignite agricultural-
waste without the production of black smoke by the ignition device.
This would include such items as liquid petroleum gas, butane, pro-
pane or diesel oil burners, and flares, but does not include the use
of tires, tar paper, oil and similar materials.
h. Atmosphere
"Atmosphere" means the air that envelops or surrounds the earth.
Where air pollutants are emitted into a building not designed speci-
fically as a piece of air pollution control equipment, such emission
into the building shall be considered an emission into the atmosphere.
i. Board
"Board" means the Air Pollution Control Board of the Air Pollution
Control District of San Joaquin County.
j. Brush Treated
Means that the material to be burned has been felled, crushed, or up-
rooted with mechanical equipment, or has been desiccated with herbi-
cides.
k. Combustible Refuse
"Combustible Refuse" is any solid or liquid combustible waste material
containing carbon in a free or combined state.
1. Combustion Contaminants
"Combustion Contaminants" are participate matter discharged into the
atmosphere from the burning of any kind of material containing carbon
in a free or combined state.
m. Control Officer
"Control Officer" means the Air Pollution Control Officer of the Air
Pollution Control District of San Joaquin County.
n. County and Regional Authority
Means each County Air Pollution District, Regional Air Pollution Con-
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trol District, or Unified Air Pollution Districts which may exist
within the San Joaquin Valley Air Basin.
o. Designated Agency
"Designated Agency" means any agency designated by the Air Resources
Board as having authority to issue agricultural burning permits. The
U.S. Forest Service and the California Division of Forestry are so de-
signated within their respective areas of jurisdiction.
p. District
"District" is the Air Pollution Control District of San Joaquin
County.
q. Dusts
"Dusts" are minute, solid particles released into the air by natural
forces or by mechanical processes such as crushing, grinding, milling,
drilling, demolishing, shoveling, conveying, covering, bagging, sweep-
ing, or other similar processes.
r. Emission
The act of passing into the atmosphere of an air contaminant or gas
stream which contains an air contaminant, or the air contaminant so
passed into the atmosphere.
s. Emission Point
The place at which air contaminants enter the atmosphere.
t. Flue
Means any duct or passage for air, gases, or the like, such as a stack,
or chimney.
u. Fuel Burning Equipment
"Fuel Burning Equipment" means any furnace, boiler apparatus, stack,
and all appurtenances thereto, used in the process of burning fuel
for the primary purpose of producing heat or power by indirect heat
transfer. A fuel burning unit shall be comprised of the minimum num-
ber of fuel burning equipment, the simultaneous operations of which
are required for the production of useful heat or power.
v. Fumes
"Fumes" are minute, solid particles generated by the condensation of
vapors from solid matter after volatilization from the molten state,
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or may be generated by sublimation, distillation, calcination, or
chemical reaction, when these processes create air-borne particles.
w. Hearing Board
"Hearing Board" means the Hearing Board of the Air Pollution Control
District of San Joaquin County.
x. Installation
The placement, assemblage, or construction of equipment or control
apparatus at the premises where the equipment or control apparatus
will be used, and includes all preparatory work at such premises.
y. Institutional Facility
"Institutional Facility" means any hospital, boarding home, school,
corporation year, or like facility.
z. Multiple-Chamber Incinerator
"Multiple-Chamber Incinerator" is any article, machine, equipment,
contrivance, structure or any part of a structure used to dispose of
combustible refuse by burning, consisting of three or more refrac-
tory-lined combustion furnaces in series, physically separated by
refractory walls, interconnected by gas passage ports or ducts, and
employing adequate design parameters necessary for maximum combustion
of the material to be burned. The refractories shall have a pyro-
metric cone equivalent of at least 17, tested according to the me-
thod described in the American Society for Testing Materials, Method
C-24.
aa. No Burn Day
Means any day on which the Air Resources Board prohibits agricultural
burning.
bb. Open Outdoor Fire
"Open Outdoor Fire" as used in this regulation means combustion of any
combustible refuse or other material of any type outdoors in the open
air not in any enclosure where the products of combustion are not dir-
ected through a flue.
cc. Operation
Any physical action resulting in a change in the location, form or
physical properties of a material, or any chemical action resulting
in a change in the chemical composition or the chemical or physical
properties of a material.
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dd. Orchard Heater
"Orchard Heater" means any article, machine, equipment, or other con-
trivance burning any type of fuel, or charcoal briquettes or similar
substances burned by an open flame, capable of being used for the
purpose of giving protection from frost damage. For the purpose of
this rule, "Orchard Heater" shall include heaters used for frost pro-
tection for orchards, vineyards, field crops and truck crops. The
contrivance commonly known as a wind machine is not included.
ee. Owner
Includes but is not limited to any person who leases, supervises, or
operates equipment, in additon to the normal meaning of ownership.
ff. Particulate Matter
"Particulate Matter" is any material, except uncombined water, which
exists in a finely divided form as a liquid or solid at standard con-
ditions.
gg. Permissive Burn Day
Means any day on which the Air Resources Board does no prohibit agri-
cultural burning.
hh. Person
"Person" means any person, firm, association, organization, partner-
ship, business trust, corporation, company contractor, supplier, in-
staller, user or owner, or any state or local governmental agency or
public district or any officer or employee thereof.
11. PPM
Means parts per million by volume expressed on a gas basis.
jj. Process Weight Rate
"Process Weight" is the total weight of all materials introduced into
any specific source operation, which operation 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 Rate" will be derived by dividing f-e
total process weight by the number of hours in one complete cycle o
operation from the beginning of any given process to the completion
thereof, excluding any time during which the equipment is idle.
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kk. Range Improvement Burning
Means the use of open fires to remove vegetation for a wildlife,
game or livestock habitat or for the initial establishment of an agri-
cultural practice on previously uncultivated land.
11. Reduction. Animal Matter
"Reduction" is defined as any heated process, including rendering,
cooking, drying, dehydration, digesting, evaporating and protein con-
centrating.
mm. Regulation
"Regulation" means one of the major subdivisions of the rules of the
Air Pollution Control District of San Joaquin County.
nn. Residential Rubbish
"Residential Rubbish" means refuse originating from residential uses
and includes wood, paper, cloth,' cardboard, tree trimmings, leaves,
lawn clippings, and dry plants.
oo. Rubbish
Combustible and noncombustibe solid wastes of commercial and indus-
trial establishments, institutions, etc., exclusive of the highly
putrescible wastes (garbage). Rubbish consists of such materials as
paper, metal, wood, cans, furniture, yard trimmings, and ceramics.
pp. Rule
"Rule" means a rule of the Air Pollution Control District of San
Joaquin County.
qq. Section
"Section" means any section of the Health and Safety Code of the State
of California, as effective on January 1, 1976, unless some other sta-
tute is specifically mentioned.
rr. Source Operation
"Source Operation" means the last operation preceding the emission of
an air contaminant, which operation (a) results in the separation of
the air contaminant from the process me.Aerials into air contaminants,
as in the case of combustion of fuels; and (b) is not an air pollution
abatement operation.
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ss. Standard Conditions
As used in these regulations, "Standard Conditions" are a gas temper-
ature of 60 degrees Fahrenheit and a gas pressure of 14.7 pounds per
square inch absolute. Results of all analyses and tests shall be
calculated or reported at this gas temperature and pressure.
tt. Submerged Fill Pipe
Any fill pipe which has its discharge opening entirely submerged when
the liquid level is six inches above the bottom of the tank. "Sub-
merged Fill Pipe" when applied to a tank which is loaded from the
side is defined as any fill pipe the discharge opening of which is
entirely submerged when the liquid level is 18 inches above the bot-
tom of the tank.
(14.0) RULE 103 Confidential Information
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 any Air Pollution Control District or any other state or local agency
or district 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.
All air and other pollution monitoring data, including data compiled from
stationary sources, are public records.
Trade secrets are not public records under this rule. Trade secrets may
include, but are not limited to, any formula, plan; pattern, process, tool,
mechanism, compound, procedure, production data, or compilation of infor-
mation which is not patented, which is known only to certain individuals
within a commercial concern who are using it to fabricate, produce, or
compound an article of trade or a service having commercial value and which
gives its user an opportunity to obtain a business advantage over competi-
tors who do not know or use it.
All air pollution emission data, including those emission data which con-
stitute trade secrets, as defined in the above paragraph, are public re-
cords. 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.
Any person furnishing any records may label as "trade secret" any part o
those records which are entitled to confidentiality. Written justifica-
tion for the "trade secret" designation shall be furnished with the records
so designated and the designation shall be a public record. The justifica-
tion shall be as detailed as possible without disclosing the trade secret;
the person may submit additional information to support the justification,
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whiclr information, upon request, will be kept confidential in the same
manner as the record sought to be protected.
Upon the receipt of an Application for "Confidential" Classification of
Source Data, the Air Pollution Control Officer shall, within ten (10)
working days, notify the applicant of his ruling. In cases of rejection,
the Air Pollution Control Officer shall promptly notify the person making
the justification, in writing, that the records in question shall, within
twenty-one (21) days be subject to public inspection unless a justifica-
tion is received and accepted.
(14.0) RULE 103.1 Inspection of Public Records
The Air Pollution Control Officer shall within ten (10) working
days make available records requested. If, for good cause, the
information cannot be made available within the ten 00) working
days, the Air Pollution Control Officer shall notify the request^
ing person the reasons for the delay and when the information will be
available.
The Air Pollution Control Officer may require the requests for
public records to be specific and in sufficient detail so that
the information may be readily identified.
(15.0) RULE 104 Enforcement
These rules and regulations shall be enforced by the Air Pollution Control
Officer under authority of Section 40702, Article 2, and Section 40752,
40753, Article 4; and all officers empowered by Section 40120, 40001,
Article 2.
(2.0) RULE 105 Order of Abatement
The Air Pollution Control Board may, after notice and a hearing, issue or
provide for the issuance by the Hearing Board, after notice and a hearing,
an order for abatement whenever the district finds that any person is in
violation of Section 41700 or 41701 or any rule or regulation prohibiting
or limiting the discharge of air contaminants into the air. The Air Pollution
Control Board in holding hearings on the issuance of orders for abate-
ment shall have all powers and duties conferred upon the Hearing Board
by Division 26, of the Health and Safety Code of the State of California.
The Hearing Board in holding hearings on the issuance of orders for
abatement shall have all powers and duties conferred upon it by Division
26, of the Health and Safety Code of the State of California. Any person
who intentionally or negligently violates any order of abatement issued
by any type of air pollution control district pursuant to Sections 42450
and 42451 or by the State Air Resources Board, shall be liable for a
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civil penalty not to exceed six thousand dollars ($6,000) for each day
in which such violation occurs.
(2.0) RULE 106 Land Use
As part of his responsibility to protect the public health and property
from the damaging effects of air pollution, it shall be the duty of
the Air Pollution Control Officer to review and advise the appropriate
planning authorities within the district on all new construction or
. changes in land use which the Air Pollution Control Officer believes could
become a source of air pollution'problems. i
i
(9.0) RULE 107 Inspections
Inspections shall' be made by the enforcement agency for the purpose of
"obtaining information necessary to determine whether air pollution
sources are in compliance with applicable rules and regulations, includ-
ing authority to require recordkeeping and to make inspections and'con-
duct tests of air pollution sources.
(9.0) RULE 108 Source Monitoring
Upon the request of the Air Pollution Control Officer and as directed
by him, the owner shall provide, install, and operate continuous
monitoring equipment, on such operations as directed. The equipment shall
be capable of monitoring emission levels within + 20 percent, with confiV
dence levels of 95 percent. The owner shall maintain, calibrate, and
repair the equipment and shall keep the equipment operating at design
capabilities.
Records from the monitoring equipment shall be kept by the owner for a
period of two years, during which time they shall be available to the
Air Pollution Control Officer in such form as he directs.
In the event of a breakdown of monitoring equipment, the owner shall
notify the Air Pollution Control Officer immediately and shall initiate
repairs. The owner shall inform the Air Pollution Control Officer of the
intent to shut down any monitoring equipment at least 24 hours prior to
the event.
In the event a person finds that a request by the Control Officer to install
and maintain monitoring facilities or equipment is unreasonable, he may
appeal the request before the Air Pollution Control Board.
(9.0) RULE 108.1 Source Sampling
Upon the request of the Control Officer and as directed by him, the
owner of any source operation which emits or may emit air contaminants,
for which emission limits have been established, shall provide the
following facilities, constructed in accordance with the California
Occupational Safety and Health, Safety Orders (Cal/OSHA):
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a. Sampling ports
b. Sampling platforms
c. Access to sampling platforms
d. Utilities for sampling equipment.
The owner of such a source operation, when requested by the Control
Officer, shall provide records or other information which will enable the
Control Officer to determine when a representative sample can be taken.
In addition, upon the request of the Control Officer and as directed by
him, the owner of such a source operation shall collect, have collected,
or allow the Control Officer to collect, a source sample. All source
samples collected to determine the compliance status of an emission
source shall be collected in a manner specified or approved by the Con-
trol Officer.
(9.0) RULE 108.2 Source Test Methods
Source testing shall be conducted in accordance with Title 40 CFR
Subpart 60.85 "Test Methods and Procedures". Particulate
matter collected under Test Method 5 must also contain condensable
particulate matter at standard conditions as retained in ice-bath
impingers. Any alterations to these published test procedures must be
approved by the Air Pollution Control Officer prior to testing. Per-
sonnel from the Air Pollution Control District must be notified and
permitted to observe the source testing. (Test Methods published in
the Federal Register, Vol. 36, No. 247, Thursday, December 23, 1971,
! p. 24376-24895).
(15.0) RULE 109 Penalty
Every person who violates any provision of these rules is guilty of
a misdemeanor. Every day during any portion of which such violation
occurs constitutes a separate offense.
(7.0) RULE 110 Equipment Shutdown, Startup, and Breakdown
Emissions exceeding any of the limits established by Regulation IV as a
direct result of unavoidable upset conditions, unforeseeable breakdown,
or planned startup and shutdown of any source operation, air pollution
i control equipment, or related equipment shall not be a violation provided
that the following requirements are met:
; a. In the event of breakdown or upset, the person
i responsible for such equipment shall promptly report
such condition to the Air Pollution Control Officer.
In the event of planned shutdown or startup, the
i person responsible for such equipment shall report to
| the Air Pollution Control Officer at least 24 hours
prior to the shutdown or startup. The report shall
include, but is not limited to the following:
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1. Identification of the specific facility, its
location and permit number.
2. The expected length of time the air pollution con-
trol equipment will be out of service.
3. The nature and quantity of emissions of air con-
taminants to occur during this period.
4. Measures, such as using off-shift labor and
equipment, to be taken to minimize the emissions.
5. The reasons why, if any, it would be impossible, or
impractical, to shut down the source operation
during the maintenance period.
6. Steps to be taken to minimize the probability of
the condition recurring.
b. The Air Pollution Control Officer upon investigation
concurs that the emission was unavoidable or unforeseeable.
A determination that the emission was unavoidable or
unforeseeable by the Air.Pollution Control Officer on
one occasion shall not be binding upon successive periods
when the Air Pollution Control Officer determines that
immediate remedial efforts have not been instituted
and corrective action has not been concluded within a
reasonable time under the circumstances.
(2.0) RULE 111 Circumvention
A person shall not build, erect, install, or use any article, machine,
equipment or other contrivance, the use of which, without resulting in
a reduction in the total release of air contaminants to the atmosphere
reduces or conceals an emission which would otherwise constitute a
violation of Division 26, of the Health and Safety Code of the State of
California or of these rules and regulations. This rule shall not
apply to cases in which the only violation involved is of Section 41700
of the Health and Safety Code of the State of California or of Rule 418
of these rules and regulations. Violation of Rule 111 is a mis-
demeanor pursuant to the provisions of Section 42400 of the Health and
Safety Code of the State of California.
(15.0) RULE 112 Arrests and Notices to Appear
Pursuant to the provisions of Penal Code Section 836.5, the officers a,.d
employees hereinafter set forth are authorized to arrest without a
warrant and issue written notices to appear whenever they have reason-
able cause to believe that the person to be arrested has committed a
misdemeanor in their presence, which is in violation of a rule or
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regulation of San Joaqui.n County Air Pollution Control District or
a violation of a section of Division 26 of the Health and Safety
Code of the State of California, or any provisions of the Vehicle
Code relating to the emissions or control of air contaminants:
Air Pollution Control Officer
Air Pollution Control Program Director
(2.0) RULE 113 Severability
i
If apy provision, clause, sentence, paragraph, section or part of
these Regulations or application thereof to any person or circum-
stance shall for any reason be adjudged by a court of competent
jurisdiction to be unconstitutional or invalid, such judgement shall
not affect or invalidate the remainder of these Regulations and the
application of such provision to other persons or circumstances, but
shall be confined in its operation to the provision, clause, sentence,
paragraph, section or part thereof directly involved in the contro-
versy in which such judgement shall have been rendered and to the
person or circumstance involved, and it is hereby declared to be the
intent of the San Joaquin County Air Pollution Control Board that
these Regulations would have been adopted in any case had such in-
valid provision or provisions not been included.
(2.0) RULE 114 Applicability of Emission Limits
Whenever more than one rule of these Rules and Regulations applies to
any article, machine, or equipment or other contrivance, the rule or
combination of rules resulting in the smallest rate or smallest con-
centration of air contaminants released to the atmosphere shall apply
unless otherwise specifically exempted or designated.
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REGULATION II - PERMITS
(3.0) RULE 201 Permits Required
a. Authority to Construct
Any person building, altering or replacing any equipment, the
use of which may cause the issuance of air contaminants or the
use of which may eliminate or reduce or control the issuance
of air contaminants, shall first obtain authorization for such
construction from the Air Pollution Control Officer. An au-
thority 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 equipment described in Rule 201 (a) may be operated
a written permit shall be obtained from the Air Pollution Con-
trol Officer. No permit to operate shall be granted either by
the Air Pollution Control Officer or the Hearing Board for any
equipment described in Rule 201 (a), constructed or installed
without authorization as required by Rule 201 (a), until the
information required is presented to the Air Pollution Control
Officer and such equipment is altered, if necessary, and made
to conform to the standards set forth in Rule 208 (Standards
for Granting Application) and elsewhere in these Rules and
Regulations.
c. Posting of Permit to Operate
A person who has been granted under Rule 201 (b) a permit to
operate any equipment described in Rule 201 (b), shall firmly
affix such permit to operate, an approved facsimile, or other
approved identification bearing the permit number upon the
article, machine, equipment, or other contrivance in such a
manner as to be clearly visible and accessible in the event
that the equipment is so constructed or operated that the per-
mit to operate cannot be so placed, the permit to operate
shall be mounted so as to be clearly visible in an accessible
place within 25 feet of the equipment or maintained readily
available at all times on the operating premises.
d. Altering of Permit
A person shall not willfully deface, alter, forge, counterfeit,
or falsify a permit to operate any equipment.
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e. Permit to Sell or Rent
Before any of the heretofore described equipment is sold,
leased, or rented, such that it is operated by anyone other
than the holder of the permit, the owner or operator is
required to obtain a permit to sell or rent.
THIS RULE SHALL BE EFFECTIVE ON JANUARY 1, 1974, FOR ALL SOURCES WHICH
ARE IN OPERATION OR UNDER PERMIT TO CONSTRUCT OR UNDER CONSTRUCTION ON
JUNE 1, 1972. THIS RULE SHALL BE EFFECTIVE FOR ALL OTHER SOURCES ON
JUNE 1, 1972.
(2.0) RULE 202 Exemptions
Any 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 structure is designed for and used exclusively as a
dwelling for not more than four families.
d. The following equipment:
1. Comfort air conditioning or comfort ventilating systems,
which are not designed to remove air contaminants genera-
ted or released from specific units or equipment.
2. Refrigeration units except those used as, or in conjunction
with, air pollution control equipment.
3. Piston type internal combustion engines.
4. Water cooling towers and water cooling ponds not used for
evaporative cooling of water from barometric condensers.
5. Equipment used exclusively for steam cleaning.
6. Presses used exclusively for extruding metals, minerals,
plastics, or wood.
7. Equipment used exclusively for space heating, other than
boilers.
8. Equipment used for hydraulic or hydrostatic testing.
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9. Equipment used in eating establishments for the purpose of
preparing food for human consumption.
10. Equipment used exclusively to compress or hold dry natural
gas.
11. Crucible-type or pot-type furnaces with a brimful capacity
of less than 450 cubic inches of any molten metal.
12. Batch mixers of five cubic feet rated working capacity or
less.
13. Smokehouses in which the maximum horizontal inside cross-
sectional area does not exceed 20 square feet.
14. Air Resources Board approved orchard heaters.
The following equipment or any exhaust system or collector
serving exclusively such equipment:
1. Laboratory equipment used exclusively for chemical or
physical analyses and bench scale laboratory equipment.
2. Brazing, soldering, or welding equipment.
3. Ovens, mixers, and blenders used in bakeries where the
products are edible and intended for human consumption.
4. Equipment used exclusively for forging, pressing, rolling,
or drawing of metals or for heating metals immediately
prior to forging, pressing, rolling or drawing.
5. Equipment using aqueous solutions for surface preparation,
cleaning, stripping, etching (does not include chemical
milling), or the electrolytic plating with electrolytic
polishing, or the electrolytic stripping of bronze, brass,
cadmium, copper, iron, lead, nickel, tin, zinc, and
precious metals.
6. Equipment used for'washing^or drying products fabricated
from metal, cloth, fabric, or glass,"provided that no
organic materials are used in the process and that no oil
or solid fuel is burned.
7. Equipment used for compression molding and injection
molding of plastics.
8. Vacuum producing devices used in laboratory operations or
in connection with other equipment which is exempt by
Rule 202.
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9. Equipment used for noncommercial buffing (except automatic
or semi-automatic tire buffers) or polishing, carving,
cutting, drilling, machining, routing, sanding, sawing,
surface_grinding or turning of ceramic artwork, ceramic
precision parts, leather, metals, plastics, rubber, fiber-
board, masonry, asbestos, carbon or graphite.
10. Equipment used for noncommercial 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 shaving's.
11. Laundry driers, extractors, or tumblers used for fabrics
cleaned only with water solutions of bleach or detergents.
f. Steam generators, steam superheaters, water boilers, water
heaters, and closed heat transfer systems that have a maximum
heat input rate of less than 250,000,000 BTU per hour (gross)
and are fired exclusively with natural gas or liquified petroleum
gas or any combination thereof.
g. Natural draft hoods, natural draft stacks, or natural draft
ventilators where no organic solvents, diluents, or thinners are
used.
h. Containers, reservoirs, or tanks used exclusively for:
1. Dipping operations for coating objects with oils, waxes, or
greases where no organic solvents, diluents, or thinners
are used.
2. Dipping operations for applying coatings of natural or
synthetic resins which contain no organic solvents.
3. Storage of liquified gases.
4. Unheated storage of organic materials with an initial boiling
point of 300 degrees Fahrenheit or greater.
5. The storage of fuel oils and libricating oils.
6. Unheated solvent dispensing containers, unheated nonconyeyor-
ized solvent rinsing containers or unheated nonconveyorized
coating dip tanks of 100 gallons capacity or less.
7. Transporting materials on streets or highways.
8. Storage of gasoline in underground tanks having a capacity
of 5,000 gallons or less.
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i. Self-propelled mobile construction equipment other than
pavement burners.
j. Agricultural implements used in agricultural operations.
k. Vacuum cleaning systems used exclusively for industrial,
commercial, or residential housekeeping purposes.
1. Repairs or maintenance not involving structural changes to
any equipment for which a permit has been granted.
m. Other sources of minor significance which may be specified by
the Air Pollution Control Officer.
(2.0) RUUE 203 Transfer
A permit shall not be transferable, whether by operation of law or
otherwise, either from one location to another, from one piece of
equipment to another, or from one person to another.
(3.0) RULE 204 Applications
Every application for a permit required under Rule 201 shall be filed in
the manner and form prescribed by the Air Pollution Control Officer,
and shall give all the information necessary to enable the Air Pollution
Control Officer to make the determination required by Rule 208 hereof.
(3.0) RULE 205 Cancellation of Applications
a. An authority to construct shall expire and the application
shall be cancelled two years from the date of issuance of
the authority to construct.
b. An application for a permit to operate shall be cancelled
two years from the date of filing of the application.
(3.0) RULE 206 Action on Applications
The Air Pollution Control Officer shall act, within a reasonable time,
on a permit application and shall notify the applicant in writing of
his approval, conditional approval, or denial.
(9.0) RULE 207 Provision of Sampling and Testing Facilities
A person operating or using any equipment for which these rules require
a permit shall provide and maintain such sampling and testing facilities
as specified in the permit.
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(9.0) RULE 208 Standards for Granting Applications
a. The A1r Pollution Control Officer shall deny a permit except
as provided in Rule 209, if the applicant does not show that
the use of any equipment, which may cause the issuance of air
contaminants, or the use of which may eliminate or reduce or
control the issuance of air contaminants, is so designed, con-
trolled, or equipped with such air pollution control equipment,
that it may be expected to operate without emitting or with-
out causing to be emitted air contaminants in violations of
Section 24242 or 24243,. of the Health and Safety Code, or of
these rules and regulations.
b. Before a permit to operate is granted, the Air Pollution Con-
trol Officer may require the applicant to provide and maintain
such facilities as are necessary for sampling and testing pur-
poses in order to secure information that will disclose the
nature, extent, quantity or degree of air contaminants dis-
charged into the atmosphere from the equipment described in
the permit. In the event of such a requirement, the Air Pollu-
tion Control Officer shall notify the applicant in writing of
the required size, number and location of the sampling platform;
the access to the sampling platform; and the utilities for op-
erating the sampling and testing equipment. The platform and
access shall be constructed in accordance with the general in-
dustry safety orders of the State of California.
c. In acting upon a permit to operate, if the Air Pollution Control
Officer finds that the equipment has been constructed not in
accordance with the authority to construct, he shall deny the
permit to operate. The Air Pollution Control Officer shall not
accept any further application for permit to operate the equip-
ment so constructed until he finds that the equipment has been
constructed in accordance with the authority to construct.
(2.0) RULE 209 Conditional Approval
The Air Pollution Control Officer may issue an authority to construct or
a permit to operate subject to conditions which will bring the operation
of any equipment within the standards of Rule 208, in which case the con-
ditions shall be specified in writing. Commencing work under such an au-
thority to construct or operation under such a permit to operate shall be
deemed acceptance of all the conditions so specified. The Air Pollution
Control Officer shall issue an authority to construct or a permit to op-
erate with revised conditions upon receipt of a new application, if the
applicant demonstrates that the equipment can operate within the standards .
of Rule 208 under the revised conditions.
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(3.0) RULE 210 Denial of Applications
In the event of denial of a permit, the A1r Pollution Control Officer
shall notify the applicant in writing of the reasons therefore. Service
of this notification may be made in person or by mail, and such service
may be proved by the written acknowledgement of the persons served or
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 to his reasons for denial of .the authority to construct or
permit to operate.
(2.0) RULE 211 Further Information
Before acting on an application for a permit, the Air Pollution Control
Officer may require the applicant to furntsh information or further
plans or specifications.
(3.0) RULE 212 Applications Deemed Denied
The applicant*may at his option deem the permit denied if the Air
Pollution Control Officer fails to act on the application within 30
days after filing, or within 30 days after applicant furnishes the
further information, plans and specifications requested by the Air
Pollution Control Officer, whichever is later.
(2.0) RULE 213 Appeals
Within 10 days after notice by the Air Pollution Control Officer of
denial of a permit, the applicant may petition the Hearing Board in
writing, for a public hearing. The Hearing Board, after notice and a
public hearing held within 30 days after filing the petition, may
sustain or reverse the action of the Air Pollution Control Officer, such
orders may be made subject to specified conditions.
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REGULATION III - FEES
(3.0) RULE 301 Permit Fee
a. Filing Fee
Every applicant, except any federal, state, or local
governmental agency or public district, for an authority
to construct or a permit to operate equipment for which a
permit is required by (The State Law or) the rules and
regulations of the Air Pollution Control District, shall
pay a filing fee of $20. Where an application is 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 201 and no alteration, addition, or
transfer of location has been made, the applicant shall
pay only a $10 filing fee.
b. Permit Fee
Every applicant, except any state or local governmental
agency or public district, for a permit to operate, who
files application with the Air Pollution Control Officer,
shall in addition to the filing fee prescribed herein, pay
the fee for the issuance of a permit to operate in the
amount prescribed in the following schedules, provided,
however, that the filing fee shall be applied to the fee
prescribed for the issuance of the permit to operate.
c. Cancellation or Denial
In an application for an authority to construct or a permit
to operate is cancelled, or if an authority to construct
or a permit to operate is denied and such denial becomes
final, the filing fee required herein shall not be refunded
nor applied to any subsequent application.
d. Transfer of Location or Owner
Where an application is filed for a permit to operate any
equipment by reason of transfer of location or transfer from
one person to another, or both, and where a permit to operate
had previously been granted for such equipment under Rule 201
and an alteration or addition has been made, the applicant
shall be assessed a fee based upon the increase in total
horsepower rating, the increase in total fuel consumption
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expressed in thousands of British Thermal Units.(BT.U). per
hour, the Increase in total electrical energy rating, the
increase in maximum horizontal inside cross-sectional area
or the increase in total stationary container capacity
resulting from such alterations or additions, as described in
the fee schedules contained herein. Where the application is
for transfer of location, and no alteration or addition has
been made, the applicant shall pay only the amount of the
filing fee required herein.
e. Alteration of Equipment
Where an application is filed for an authority to construct
or a permit to operate exclusively involving revisions to
the conditions of an existing permit to operate or involv-
ing alterations or additions resulting in .a change to any
existing equipment holding a permit under the provisions of
Rule 201 of these rules and regulations, the applicant shall
be assessed a fee based upon the increase in total horse-
power rating, the increase in total fuel consumption expressed
in thousands of British Thermal Units (BTU) per hour, the
increase in total electrical energy rating, the increase in
maximum horizontal inside cross-sectional area or the
increase in total stationary container capacity resulting
from high alterations or additions, as described in the fee
schedules contained herein. Where there is no change or is
a decrease in such rating, the applicant shall pay only the
amount of the filing fee required herein.
f. Permit Fee Penalty
After the provisions for granting permits as set forth in
Division 26, of the Health and Safety Code and the San
Joaquin County Rules and Regulations have been complied
with, the applicant shall be notified by the Air Pollution
Control Officer, in writing, of the fee to be paid for
issuance of the permit to operate. Such notice may be given
by personal service or by deposit, postpaid, in the United
States mail and shall serve as a temporary permit to operate
for 30 (thirty) days from the date of personal service or
mailing. Nonpayment" of the fee within this period of time
shall result in the automatic cancellation of the application.
g. Annual Renewal Fee
Annually on the anniversary of the issuance of a permit to
operate granted under Rule 201, the permittee shall pay a
renewal fee amounting to one-fourth of the initial permit
fee under current fee schedules. The holder of permits with
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more than one anniversary date may adjust annual renewal pay-
ment to a single anniversary date by prorating renewal fee(s)
as necessary. If the renewal fee is not paid within 30 days
after it becomes due, the fee shall be increased by one-half
the amount thereof, and the Air Pollution Control Officer shall
thereupon promptly notify the permittee by mail of the increased
fee. If the increased fee is not paid within 30 days after such
notice, the permit shall be automatically revoked and the Air
Pollution Control Officer shall so notify the permittee by mail.
h. Annual Renewal Fee '
—————— (
Annually on the anniversary of the issuance of a permit to op-
erate granted under Rule 201, the permittee shall pay a renewal
fee amounting to one-fourth of the initial permit fee under
current fee schedules. The holder of permits with more than
one anniversary date may adjust annual renewal payment to a
single anniversary date by prorating renewal fee(s) as necessary.
If the renewal fee is not paid within 30 days after it becomes
due, the fee shall be increased by one-half the amount thereof,
and the Air Pollution Control Officer shall thereupon promptly
notify the permittee by mail of the increased fee. If the in-
creased fee is not paid within 30 days after such notice, the
permit shall be automatically revoked and the Air Pollution
Control Officer shall so notify, the permittee by mail.
i. Multiple Locations
When permits have been issued to operate movable equipment
at two or more locations, only one annual renewal fee will
be charged. The anniversary date on which the annual renewal
fee will be due will be that noted on the original permit.
j. Duplicate Permit
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 $2 shall be charged, except to any federal,
state, or local governmental agency or public district, for
issuing a duplicate permit to operate.
(3.0) RULE 302 Permit Fee Schedules
It is hereby determined that the cost of issuing permits, and of
inspections pertaining to such issuance exceeds the fees prescribed
herein. In determining the fees to be charged, the applicable equip-
ment within each process that requires a permit will be totalled for
each schedule. In the event that more than one fee schedule is applicable
to a permit to operate, the governing schedule shall be that which results
in the higher fee.
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. SCHEDULE 1
ELECTRIC MOTOR HORSEPOWER SCHEDULE
Any equipment which may cause the emission of air contaminants where an
electric motor Is used as the power supply, shall be assessed a permit
fee based on the total rated motor horsepower of all electric motors
included in any article, machine, equipment or other contrivance, 1n
accordance with the following schedule:
HORSEPOWER FEE
Up to and Including 25 ; — $ 20.00
25 or Greater but Less Than 50 28.00
50 or Greater but Less Than 100 48.00
100 or Greater but Less Than 200 — - 76.00
200 or Greater but Less Than 400 r 100.00
400 or Greater but Less Than 800 : — 148.00
800 or Greater but Less Than 1,600— 200.00
1,600 or Greater 252.00
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SCHEDULE 2
FUEL BURNING EQUIPMENT SCHEDULE
Any equipment which may cause the emission of air contaminants in which
fuel is burned* with the exception of incinerators which are covered in
Schedule 4, shall be assessed a permit fee based upon the design of the •
equipment expressed in British Thermal Units (BTU) per hour in accordance
with the following schedule:
1,000 BTU Per Hour Fee
Up to and Including 150 $ 20.00
Greater Than 150 but Less Than 400 28.00
400 or Greater but Less Than. 650 48.00
650 or Greater but Less Than 1,500 76.00
1,500 or Greater but Less Than 2,500 100.00
2,500 or Greater but Less Than 5,000 148.00
5,000 or Greater but Less Than 15,000 ~ 200.00
15,000 or Greater 252.00
SCHEDULE 3
ELECTRICAL ENERGY SCHEDULE
Any equipment which may cause the emission of air contaminants which uses
electrical energy, with the exception of electric motors covered in
Schedule 1, shall be assessed a permit fee based on the total kilovolt
ampere (KVA) rating, in accordance with the following schedule:
Kilovolt Amperes Fee
Up to and Including 45 $ 20.00
Greater.Than 45 but Less Than 145 28.00
145 or Greater but Less Than 450 —— 48.00
450 or Greater but Less Than 1,450 60.00
1,450 or Greater but Less Than 4,500 88.00
4,500 or Greater but Less Than 14,500 : 148.00
14,500 or Greater — 252.00
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SCHEDULE 4
INCINERATOR SCHEDULE
Any equipment designed and used primarily to dispose of combustible
refuse by wholly consuming the material charged leaving only the ashes
or residue shall be assessed a permit fee based on the following
schedule of the maximum horizontal inside cross-sectional area, in
square feet, of the primary combustion chamber:
Area, in Square Feet Fee
Up to and Including 8 : $ 20.00
Greater Than 8 but Less Than 16 28.00
16 or Greater but Less Than 27 36.00
27 or Greater but Less Than 47 56.00
47 or Greater but Less Than 90 76.00
90 or Greater 112.00
SCHEDULE 5
STATIONARY CONTAINER SCHEDULE
Any stationary tank, reservoir, or other container, the contents of '
which may emit an air contaminant shall be assessed a permit fee based
on the following schedule of capacities in gallons or cubic equivalent,
in accordance with the following schedule:
Gallons Fee
Up to and Including 5,000 — $ 20.00
Greater Than 5,000 but Less Than 20,000 '> 24.00
20,000 or Greater but Less Than 50,000 36.00
50,000 or Greater but Less Than 100,000 48.00
100,000 or Greater but Less Than 500,000 64.00
500,000 or Greater but Less Than 1,000,000 80.00
1,000,000 or Greater 100.00
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SCHEDULE 6
MISCELLANEOUS SCHEDULE
Any article, machine, equipment or other contrivance which may cause the
issuance of air contaminants as defined in Rule 102 of the rules and
regulations, which is not included in the preceding schedules shall be
assessed a-permit fee of $20.00.
(2.0) RULE 303 Analysis Fees
Whenever the Air Pollution Control Officer finds that an analysis of the
emission from any source is necessary to determine the extent and amount
of pollutants being discharged into the atmosphere which cannot be deter-
mined by visual observation, he may order the collection of samples and
the analysis made by qualified personnel of the Air Pollution Control
District. The time required for collecting samples, making the analysis,
and preparing the necessary reports, but excluding time required in going
to and from such premises may be charged against the owner or operator of
said premises in a reasonable sum to be determined by the Air Pollution
Control Officer, which said sum is not to exceed the actual cost of
such work.
(13.0) RULE 304 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 funds of the San Joaquin County Air Pollution
Control District.
(16.0) RULE 305 Hearing Board Fees
a. Every applicant or petitioner for a variance, or for the ex-
tension, revocation or modification of a variance, or for an
appeal from a denial or conditional approval of an authority to
construct or permit to operate except any federal, state, or
local governmental agency or public district, shall pay the
clerk of the Hearing Board, on filing, a non-returnable fee in
the sum of $25.00. It is hereby determined that the cost of ad-
ministration of Article 2, Chapter 4, Part 4, Division 26, of
the Health and Safety Code exceeds $25.00 per petition.
b. Any person requesting a transcript of the hearing shall pay the
cost of such transcript. This rule shall not apply to petitions
filed by the Air Pollution Control Officer.
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REGULATION IV - PROHIBITIONS
(50.1.2) RULE 401 Visible Emissions
A person shall not discharge into the atmosphere from any single source
of emission whatsoever, any air contaminant for a period or periods
aggregating more than three minutes in any one hour which is:
a. As dark or darker in shade as that designated as No. 1 on the
Ringelmann Chart, as published by the United States Bureau
of Mines.
b. Of such opacity as to obscure an observer's view to a degree
equal to or greater than does smoke described in subsection (a)
of this rule.
(2.0) RULE 402 Exceptions
The provisions of Rule 401 do not apply to:
% a. Smoke from fires set by or permitted by any public officer, if
such fgre is set or permission given in the performance of the
official duty of such officer, and such fire in the opinion of
such officer is necessary:
1. For the purpose of the prevention of a fire hazard which
cannot be abated by any other means, or
2. For instruction of public employees in the methods of
fighting fire.
b. Smoke from fires set pursuant to permit on property used for
industrial purposes for the purpose of instruction of employees
in methods of fighting fire.
c. Agricultural operations necessary for the growing of crops or
raising of fowls or animals.(Section 41704g H & S Code)
d. The use of an orchard or citrus grove heater which does not
produce unconsumed solid carbonaceous matter at a rate in excess
of one (1) gram per minute.
(50.1.2) RULE 403 Met Plumes
Where the presence of uncombined water is the only reason for the
failure of an emission to meet the limitation of Rule 401, that rule
shall not apply. The burden of proof which establishes the application
of this rule shall be upon the person seeking to come within its pro-
'.visions.
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(50.1) RULE 404 : Particulate Matter .Concentration ;
A person shall not release or discharge into the atmosphere from any
single source operation dust, fumes, or particulate matter emission in
excess of 0.1 grain per cubic foot of gas at standard conditions.
(50.1) RULE 405 Particulate Matter - Emission Rate
A person shall not discharge into the atmosphere from any source opera-
tion, particulate matter in excess of the following process weight tables.
(50.1.1) RULE 406 Process Weight Table
ALLOWABLE RATE OF
Process Weight Rate
Lbs/Hr
en ___ _________
inn __ ______
cnn __ ________________
1 nnn ___-____--____-_.
5nnn _ ____-_-_______.
in nnn .. __________
on nnn ________________
fin- nnn ____-_--______.
on nnn _______ _ __.
ion nnn
icn nnn __ _
onn nnn _ __ _ ___ _.
Ann nnn ________ ____.
i nnn nnn
EMISSION BASED ON
Tons/Hr
n?c
nx
.___•__ ?t\
_______ «in
._____- 9 5
5 n
_______ in n
.__ ___ "?n n
. ____ An n
.____-_ fin n
____ on n
______ mn n
.____-- ?nn n
Rnn n
PROCESS WEIGHT RATE
Maximum Allowable
Emission Rate
Lbs/Hr
n 36
n 55
i 53
2 25
g 34
g 73
Ugg
_ 29 60
. 31 19
1 33 28
34 85
36 11
; AQ 35
46.72
Interpolation of the data for the process weight rates up to 60,000 Ibs/
hr shall be accomplished by the use of the equation:
E=3.59 P0.62 p ^ 3
and interpolation and extrapolation of the data for process weight rates
in excess of 60,000 Ibs/hr shall be accomplished by use of the equation:
E=17.31 P°'16 P rf=30 tons/hr
Where: E= Emissions in pounds per hour.
P= Process weight rate in tons per hour.
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(50.2) RULE 407 Sulfur Compounds
A person shall not discharge into the atmosphere sulfur compounds,
which would exist as a liquid or gas at standard conditions, exceeding
in concentration at the point of discharge: 0.2 percent by volume cal-
culated as sulfur dioxide ($02).
(51.9) RULE 407.1 Disposal of Solid or Liquid Waste
A person shall not discharge into the atmosphere from any incinerator
or other equipment used to dispose of combustible refuse by burning
particulate matter in excess of 0.1 grain per cubic foot of gas calcu-
lated to 12 percent of carbon dioxide (C02) at standard conditions.
Any carbon dioxide (C02) produced by combustion of any liquid or
gaseous fuels shall be excluded from the calculation to 12 percent of
carbon dioxide (€02).
THIS RULE SHALLvBE EFFECTIVE ON THE DATE OF ADOPTION FOR ANY EQUIPMENT
NpT THEN COMPLETED AND PUT INTO SERVICE. AS TO ALL OTHER EQUIPMENT,
THIS RULE SHALL BE EFFECTIVE ON JANUARY 1, 1974.
•
(51.5) RULE 407.2 Fuel Burning Equipment - Combustion Contaminants
A person shall not discharge into the atmosphere combustion contaminants
exceeding in concentration at the point of discharge: 0.1 grain per
cubic foot of gas calculated to 12~percent of carbon dioxide (C02) at
standard conditions.
51.5) RULE 408 Fuel Burning Equipment
51.6)
(51.7) A person shall not build, erect, install or expand any non-mobile fuel
burning equipment unit unless the discharge into the atmosphere of
contaminants will not and does not exceed any one or more of the
following rates:
a. 200 pounds per hour of sulfur compounds, calculated'as
sulfur dioxide (S02);
b. 140 pounds per hour of nitrogen oxides, calculated as
nitrogen dioxide (N02);
'c. 10 pounds per hour of combustion contaminants as defined
in Rule 102 (j) and derived from the fuel.
Fuel burning equipment serving primarily as air pollution control equip
ment by using a^cpmbustion process to destroy air contaminants shall be
./exempt from the^provisions of this Rule.
Nothing in this Rule shall be construed as preventing the maintenance or
preventing the'alteration or modification of an existing fuel burning
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equipment unit which will reduce its mass rate of air contaminant emissions.
(51.7) RULE 408.1 Fuel Burning Equipment - Oxides of Nitrogen
A person shall not discharge into the atmosphere from any non-mobile fuel
burning article, machine, equipment or other contrivance, having a maxi-
mum heat input rate of more than 1,775 million British Thermal Units (BTU)
per hour (gross) flue gas having a concentration of nitrogen oxides, cal-
culated as nitrogen dioxide (N02) at three (3) percent oxygen, exceeding
125 parts per million (ppm) when burning a liquid or solid fuel, EFFECTIVE
January 1, 1975.
(50.4) RULE 409 Organic Solvents
a. A person shall not discharge into the atmosphere more than 15
pounds of organic materials in any 1 day from any article,
machine, equipment, or other contrivance in which any organic
solvent or any material containing organic solvent comes into
contact with flame or is baked, heat-cured, or heat-polymorized
in the presence of oxygen, unless said discharge has been
reduced by at least 85 percent. Those portions of any series
of articles, machines, equipment, or other contrivances designed
for processing continuous web, strip, or wire that emit organic
materials in the course of using operations described in this
section shall be collectively subject to compliance with
this section.
b. A person shall not discharge into the atmosphere more than 40
• pounds of organic materials in any 1 day from any article, .
machine, equipment, or other contrivance used under conditions
other than those described in paragraph (a) of this section for
employing or applying any photochemically reactive solvent,
as defined in paragraph (k) of this section, or material contain-
ing such photochemically reactive solvent, unless said discharge
has been reduced by at least 85 percent. Emissions of organic
materials into the atmosphere resulting from air or heated-
drying of products for the first 12-hours after their removal
from any article, machine, or other contrivance described in
this section shall be included in determining compliance with
this paragraph. Emissions resulting from baking, heat-curing,
or heat polymerizing as described in paragraph (a) of this sec-
tion shall be excluded from determination of compliance with this
section. Those portions of any series of articles, machines,
equipment, or other contrivances designed for processing a
continuous web, strip, or wire that emit organic materials in
the course of using operations described in this section shall
be collectively subject to compliance with this section.
c. A person shall not, after August 31, 1976, discharge into the
atmosphere more than 3,000 pounds of organic materials in any
1 day from any article, machine, equipment, or other contrivance
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1n which any non-photochemically reactive organic solvent or any
material containing such a solvent is employed or applied, unless
said discharge has been reduced by at least 85 percent. Emis-
sions of organic materials into the atmosphere resulting from air
or heated-drying of products for the first 12 hours after their
removal from any article, machine, equipment, or other contri-
vance described in this section shall be included in determining
compliance with this section. Emissions resulting from baking,
heat-curing, or heat-polymerizing as described in paragraph (a)
of this section shall be excluded from determination of compli-
ance with this section. Those portions of any series of articles,
.machines, equipment, or other contrivances designed for process-
ing a continuous web, strip, or wire that emit organic materials
in the course of using operations described in this section shall
be collectively subject to compliance with this section.
d. Emissions of organic materials to the atmosphere from the clean-
up wfth photochemically reactive solvent, as defined in section
(k), of any article, machine, equipment or other contrivance
described in sections (a), (b), or (c), shall be included with
the other emissions of organic materials from that article,
machine, equipment or other contrivance for determining compliance
with this rule.
e. Emissions of organic materials to the atmosphere as a result of
spontaneously continuing drying of products for the first 12 hours
after their removal from any article, machine, equipment or other
contrivance described in sections (a), (b), or (c), shall be in-
cluded with other emissions of organic materials from that article,
machine, equipment or other contrivance for determining compliance
with this rule.
f. Emissions of organic materials into the atmosphere required to
be controlled by sections (a), (b), or (c), shall be reduced by:
1. Incineration, provided that 90 percent or more of the
carbon in the organic material being incinerated is
oxidized to carbon dioxide, or
2. Adsorption, or
3. Processing in a manner determined by the Air Pollution
Control Officer to be not less effective than (1) or
(2) above.
g. A person incinerating, absorbing, or otherwise processing or-
ganic^ materials 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 the permit to operate, or as specified by the Air 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.
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h. Any person using organic solvents or any materials con-
taining organic solvents shall supply the Air Pollution
Control Officer, upon request and in the matter and form
prescribed by him, written evidence of the chemical
composition, physical properties and amount consumed for
each organic solvent used.
i. The provisions of this rule shall not apply to:
1. The manufacture of organic solvents, or the trans-
port of storage of organic solvents or materials
containing organic solvents.
2. The use of equipment for which other requirements
- are specified by Rules 410, 411, 411.1, 411.2 and
413, or which are exempt from air pollution con-
trol requirements by said rules.
3. The spraying or other employment of insecticides,
pesticides or herbicides.
4. The employment, application, evaporation or drying
of saturated halogenated hydrocarbons or per-
ch! oroethylene.
5. The use of any material, in any article, machine,
equipment or other contrivance described in
sections (a), (b), (c), or (d), if:
(i) the volatile content of the material consists
only of water and solvents, and
(ii) the organic solvents content comprises not more
i than 20% by volume of the total volatile con-
1 tent, and
(iii) the volatile content is not photochemically
reactive, and
I (iv) the organic solvent does not come into contact
| with flame.
i
6. The use of any material in any article, machine,
equipment or other contrivance described in sections
(a), (b), (c), or (d) if:
(i) until January 1, 1977, the organic solvent
i of a material does not exceed 30% by volume of .
said material; after January, 1977, the organic
solvent content of such material shall not
I exceed 20% by volume, and
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(11) the volatile content 1s not photochemically
reactive, and
(ill) the organic solvent content does not come
Into contact with flame.
j. .For the purpose of this rule, organic solvents include
diluents and thircners and are defined as organic materials
which are liquids at standard conditions and which are
used as dissolvers, viscosity reducers or cleaning agents,
except that sucb materials exhibiting a boiling point
higher than 220 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 F.
k. For the purposes of this rule, a photochemically reactive
solvent is any solvent with an aggregate of more than 20
percent of its total volume composed of chemical com-
pounds classified below or which exceeds any of the follow-
ing Individual percentage composition limitations,
referred to the total.volume of solvent:
1. A combination of hydrocarbons, alcohols, aldehydes,
esters, ethers or ketones having an olefinic or
cycloolefinic type of unsaturation: 5 percent;
2. A combination of aromatic compounds with eight or
more carbon atoms to the molecule except ethyl -
benzene: 8 percent;
3. A combination of ethyl benzene, ketones having
branched hydrocarbon structures trichloroethylene
or tuoluene: 20 percent.
Whenever any organic solvent or any constituent of an
organic solvent may be classified from its chemical
structure into more than one of the above groups of
.organic compounds, it shall be considered as a member
of the most reactive chemical group; that is, that
group having the least allowable percentage of the
..total volume of solvents.
1. For the purpose of this rule, organic materials are defined as
chemical compounds of carbon excluding carbon monoxide,.carbon
dioxide, carbonic acid, metallic carbides^, metallic carbonates and
ammonium carbonate.
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(50.4) RULE 409.1 Architectural Coatings
a. A person shall not sell or offer for sale, for use in con-
tainers of one quart capacity or larger, any architectural
coating containing photochemically reactive solvent as
defined in Rule 409 (k).
b. A person shall not employ, apply, evaporate or dry in San
Joaquin County, any architectural coating purchased in con-
tainers of one quart capacity or larger, containing photo-
chemically reactive solvent, as defined in Rule 409 (k).
c. A person shall not thin or dilute any architectural coating
with a photochemically reactive solvent, as defined in
Rule 409 (k).
d. For the purposes of this rule, an architectural coating is
defined as a coating used for residential or commercial
buildings and their appurtenances, or industrial buildings.
(50.4) RULE 4Q9.2 Disposal and Evaporation of Solvents
A person shall not, during any one day, dispose of a total of more than
1-1/2 gallons of any photochemically reactive solvent, as defined in
Rule 409 (k), or any material containing more than 1-1/2 gallons of any
such photochemically reactive solvent, into the atmosphere.
(51.16) RULE 410 Storage of Petroleum Products
A person shall not place, store, or hold in any stationary tank,
reservoir or other container of more than 40,000 gallons capacity
any gasoline or any petroleum distillate having a vapor pressure of
1.5 pounds per square inch or greater under actual storage conditions,
unless such tank, reservoir or other container is a pressure tank
maintaining working pressures sufficient at all times to prevent hydro-
carbon vapor or gas loss to the atmosphere, or is designed and equipped
with one of the following vapor loss control devices, properly installed,
in good working order and in operation:
a. A floating roof, consisting of a pontoon type or double deck
type roof, resting on the surface of the liquid contents and
equipped with a closure seal, or seals, to close the space
between the roof edge and tank wall. The control equipment
provided for in this paragraph shall not be used if the gasoline
or petroleum distillate has a vapor pressure of 11.0 pounds
per square inch or greater under actual storage conditions.
All tank gauging and sampling devices shall be gas tight except
when gauging or sampling is taking place.
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b. A vapor recovery system, consisting of a vapor gathering system
capable of collecting the hydrocarbon vapors and gases dis-
charged and a vapor disposal system capable of processing such
hydrocarbon vapors and gases so as to prevent their emission
to the atmosphere and with all tank gauging and sampling devices
gas tight except when gauging, or sampling is taking place.
c. Other equipment of equal efficiency, provided such equipment
is submitted to and approved by the Air Pollution Control
Officer. '
(51.16) RULE 411 Gasoline Loading into Tanks
A person shall not load or permit the loading of gasoline into any
stationary tank installed after December 31, 1970, with a capacity of
250 gallons or more from any tank truck or trailer, except through a
permanent submerged fill pipe; unless such tank is equipped with a vapor
loss control device or is a pressure tank.
A person shall not install any gasoline tank with a capacity of 250
gallons or more unless such tank is equipped as described in the first
.paragraph of this rule.
For the purpose of this Rule, the term "gasoline" is defined as any
petroleum distillate having a Reid vapor pressure 4.0 pounds or greater.
(51.16) RULE 411.1 Transfer of Gasoline into Stationary Storage Containers
1. (a) A person shall not transfer or permit the transfer of gasoline
from any delivery vessel (i.e., tank truck or trailer) into
any stationary storage container with a capacity of more than
250 gallons unless such container is equipped with a per-
manent submerged fill pipe and unless 90 percent by weight
of the gasoline vapors displaced during the filling of the
stationary storage container are prevented from being
released to the atmosphere.
(b) The provisions of this Section shall be subject to the
following exceptions:
A. The transfer of gasoline into any stationary storage
1 container used primarily for,?the fueling of implements
of husbandry as such vehicles are defined in Division
16 (Section 36000 et. seq.) of the California Vehicle
Code, if such container is equipped by July 1, 1976
with a permanent submerged fill pipe.
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B. The transfer of gasoline into any stationary storage
container having a capacity of 2,000 gallons or less
which was installed prior to July 1, 1975,-if such con-
tainer is equipped by July 1, 1976 with a permanent
submerged full pipe.
C. The transfer of gasoline into any stationary storage
container in existence prior to July 1, 1975 which is
served by a delivery vessel exempted by the Air Pollu-
tion Control Officer pursuant to Section 3 (a) of this
Rule, 1f such container is equipped by July I, I976
with a permanent submerged full pipe.
D. The transfer of gasoline into any stationary storage
container which the Air Pollution Control Officer
finds is equipped with equipment to control emissions
at least as effectively as required by this Section.
E. The transfer of gasoline into any stationary storage
container in existence prior to July 1, 1975 which is
equipped with an offset full pipe.
2. No person shall store gasoline in or otherwise use or operate
any gasoline delivery vessel unless such vessel is designed
and maintained to be vapor tight. Any delivery vessel into
which gasoline vapors have been transferred shall be refilled
only at a loading facility that is equipped with a system
that prevents at least 90 percent by weight of the gasoline
vapors displaced from entering the atmosphere.
3. (a) The owner or operator of any bulk loading facility not
subject to the provisions of Rule C which was in opera-
tion on or before July 1, 1975, and for which the annual
throughput to stationary storage containers that are
not exempted by Sections l(b)(A) and l(b)(B) does not
exceed 500,000 gallons, may petition the Air Pollution
Control Officer to have the facility's delivery vessels
and other independently owned gasoline delivery vessels
which are exclusively serviced at such facility exempted
from the provisions of Section 2. The owner or operator
of such a facility must petition annually to renew such
exemptions.
(b) A person shall not load gasoline into any delivery vessel
from any loading facility granted an exemption pursuant
to Section 3(a) of this Rule unless, by July 1, 1976,
such delivery vessel is loaded through a submerged
fill pipe.
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(c) A person shall not operate any gasoline loading facility
which is not subject to the provisions of Rule C after
July 1, 1976 unless:
A. The facility is equipped with a system or systems to
prevent the release to the atmosphere of at least 90
percent by weight of the gasoline vapors displaced
during the filling of the facility's stationary storage
• ..'. containers; and
B. The facility is equipped with a pressure-vacuum valve
on the above ground stationary storage containers with
a minimum pressure valve setting of 15 ounces, pro-
vided that such setting will not exceed the container's
maximum pressure rating.
4. (a) The owner or operator of any stationary storage container or
gasoline loading facility which is subject to the Rule and
which is installed or constructed on or after July 1, 1975,
shall comply with the provisions of this Rule at the time of
installation.
5. (a) The owner or operator of any stationary storage container
subject to this Rule or gasoline loading facility granted an
exemption pursuant to Section 3(a) of this Rule which is
operating or in the process of being installed or constructed
prior to July 1, 1975, shall comply with the provisions of
this Rule by July 1, 1976, and shall comply with the following
schedule:
A. By November 1, 1975 - Apply for an authority to construct
from the Air Pollution Control Officer for the installa-
tion of the needed control system;
B. By January 1, 1976 - Submit to the Air Pollution Control
Officer evidence that all necessary contracts for the
design, procurement, and installation of the required
emission control system have been negotiated and signed,
or evidence that orders for the purchase of component
parts necessary to accomplish the necessary emissions
control have been issued;
C. By March 1, 1976 - Initiate on-site construction or
installation of emissions control equipment.
D. By June 1, 1976 - Complete on-site construction or
/. installation of emissions control equipment; and
a
E. By July 1, 1976 - Secure the Air Pollution Control Offi-
cer's approval of all equipment and a permit to operate.
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6. (a) Any gasoline loading facility not granted an exemption pur-
suant to Section 3(a) of this Rule and non-exempt accounts
served by such facility shall comply with the provisions of
this Rule by January 1, 1977, and shall comply With the
following schedule:
A. By May 1, 1976 - Apply for an authority to construct
from the Air Pollution Control Officer for the installa-
tion of the needed control system;
B. By June 1, 1976 - Submit to the Air Pollution Control
Officer evidence that all necessary contracts for the
design, procurement, and installation of the required
emissions control systems have been negotiated and
signed, or evidence that orders for the purchase of
component parts necessary to accomplish the necessary
emission control have been issued;
C. By September 1, 1976 - Initiate on-site construction or
installation of emission control equipment;
D. By December 1, 1976 - Complete on-site construction or
installation of emissions control equipment; and
E. By January 1, 1977 - Secure the Air Pollution Control
Officer's approval of all equipment and a permit to
operate.
7. Vapor-return and/or vapor recovery systems used to comply with
the provisions of this Rule shall comply with all safety, fire,
weights and measures, and other applicable codes and/or
regulations.
8. (a) For the purposes of this Rule, the term "gasoline" is
defined as any petroleum distillate having a Reid vapor
pressure of 4 pounds or greater.
(b) For the purposes of this Rule "gasoline vapors" means the
organic compounds in the displaced vapors including any
entrained liquid gasoline.
(c) For the purposes of this Rule, the term "submerged fill
pipe" is defined as any fill pipe, the discharge opening of
which is entirely submerged when the liquid level is 6 inches
above the bottom of the container. "Submerged fill pipe"
when applied to a container which is loaded from the side
is defined as any fill pipe, the discharge opening of which
is entirely submerged when the liquid level is 18 inches
above the bottom of the container.
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(51.16) RULE 411.2 Transfer of Gasoline Into Vehicle Fuel Tanks
1. A person shall not transfer or permit the transfer of gasoline
from a stationary storage container subject to the provisions
of Section 1 of Rule A into any motor vehicle fuel tank with a
capacity of greater than 5 gallons unless such transfer is made
in a manner by which the emissions to the atmosphere of the
gasoline vapors displaced during filling of the vehicle fuel
tank are reduced by at least 90 percent by weight.
2. Any gasoline dispensing system subject to this Rule, installed
on or after July 1, 1975, shall comply with the provisions of
this Rule at the time of installation.
3. (a) Any gasoline dispensing system subject to this Rule, in-
stalled or in the process of being installed prior to
July 1, 1975, shall comply with the provisions of this Rule
by July 1, 1976, and the owner or operator of such system
shall comply with the following schedule:
A. By November 1, 1975 - Apply for an authority to con-
struct from the Air Pollution Control Officer for the
installation of the needed control system;
B. By~January 1, 1976 - Submit to the Air Pollution Control
Officer evidence that all necessary contracts for the
design, procurement, and installation of the required
emissions control systems have been negotiated and
signed, or evidence that orders for the purchase of
component parts necessary to accomplish the necessary
emission control have been issued;
C. By March 1, 1976 - Initiate on-site construction or
installation of emission control equipment;
D. By June 1, 1976 - Complete on-site construction or
installation of emission control equipment; and
E. By July 1, 1976 - Secure the Air Pollution Control
Officer's approval of all equipment and a permit to
operate.
4. Gasoline dispensing equipment used to comply with the provisions
of this Rule shall comply with all applicable safety, fire,
weights and measures, and other applicable codes and/or
regulations.
5. (a) For the purposes of this Rule, the term "gasoline" is
defined as any petroleum distillate having a Reid vapor
oressure of 4 nounds or areater.
us i i ncu u j uujr pc«.i u i cum u i o i* i i i
pressure of 4 pounds or greater.
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(b) For the purposes of this Rule "motor vehicle" is defined
as any vehicle registered with the California Department
of Motor Vehicles.
(51.16) RULE 412 Organic Liquid Loading
A person shall not load organic liquids having a vapor pressure of
1.5 pounds per square inch absolute or greater under actual loading
conditions into any tank truck, trailer, or railroad tank car from
any loading facility unless the loading facility is equipped with a
vapor collection and disposal system or its equivalent approved by
the Air Pollution Control Officer.
Loading shall be accomplished in such a manner that all displaced
vapor and air will be vented only to the vapor collection system.
Measures shall be taken to prevent liquid drainage from the loading
device when it is not.in use or to accomplish complete drainage
before the loading "device is disconnected. The vapor disposal portion
of vapor collection disposal system shall consist of one of the
following:
a. An absorber system or condensation system which processes
all vapors and recovers at least 90 percent by weight of
the organic vapors and gases from the equipment being
controlled.
b. A vapor handling system which directs all vapors to a
fuel gas system.
c. Other equipment of an efficiency equal to or greater
than (a) or (b) if approved by the Air Pollution Control
Officer.
This rule shall apply only to the loading of organic liquids having
a vapor pressure of 1.5 pounds per square inch absolute or greater
under actual loading conditions at a facility from which at least
20,000 gallons of such organic liquids are loaded in any one day.
"Loading Facility" for the purpose of this Rule, shall mean any
aggregation or combination of organic liquid loading equipment which
is both (1) possessed by one person, and (2) located so that all
the organic liquid loading outlets for such aggregation or combination
of loading equipment can be encompassed within any circle of 300 feet
in diameter.
THIS RULE SHALL BE EFFECTIVE ON THE DATE OF ADOPTION FOR ANY EQUIP-
MENT NOT THEN COMPLETED AND PUT INTO SERVICE. AS TO ALL OTHER EQUIPMENT,
THIS RULE SHALL BE EFFECTIVE ON JANUARY 1, 1974.
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(51.16) RULE 413 Effluent 011 Water Separators
A person shall not use any compartment of any vessel or device
operated for the recovery of oil from effluent water which recovers
200 gallons a day or more of any petroleum products from any
equipment which processes, refines, stores, or handles hydrocarbons
with a Reid vapor pressure of 0.5 pounds or greater, unless such com-
partment Is equipped with one of the following vapor loss control
devices, except when gauging or sampling is taking place:
a. A solid cover with all openings sealed and totally
enclosing the liquid contents of that compartment.
b. A floating pontoon or double deck type cover, equipped
with closure seals, to enclose any space between the
cover's edge and compartment wall.
c. A vapor recovery system which reduces the emission of all
hydrocarbon vapors and gases into the atmosphere by
at least 90 percent by weight.
d. Other equipment of an efficiency equal to or greater than
(a), (b), or (c) if approved by the Air Pollution Control
Officer.
This Rule shall not apply to any oil effluent water separator used
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 sulflde, organic sulfides,
or a combination thereof.
(51.21) RULE 414 Reduction of Animal Matter
A person shall not operate or use any article, machine, equipment or
other contrivance for the reduction of animal matter unless all
gases, vapors, and gas-entrained effluents from such an article, machine,
equipment or other contrivance are:
a. Incinerated at temperatures of not less than 1200 degrees
Fahrenheit for a period of not less than 0.3 seconds, or
b. Processed in such a manner determined by the Air Pollution
Control Officer to be equally, or more, effective for the
purpose of air pollution control than (a) above.
§A person incinerating or processing gases, vapors or gas-entrained
effluents pursuant to 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 Air Pollution Control Officer, for indicating temperature,
pressure, or other operating conditions. -'
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The provisions of this rule shall not apply to any article, machine, equip-
ment or other contrivance used exclusively for "the processing 'of food for
human consumption.
(51.13) RULE 415 Open Burning
No person shall burn any refuse or other material in an open outdoor fire '
within the boundaries of the San Joaquin County Air Pollution Control
District.
(2.0) RULE 416 Exceptions
The exceptions to the Open Burning Rule 415 are as follows:
a. When such fire is set or permission for such fire i"s given in
the performance of the official duty of any public officer,
and such fire in the opinion of such officer, is necessary for
the purpose of the prevention of a fire hazard which cannot be
abated by any other means, or for the instruction of yolunteer
f iremen, public or industrial employees in methods of fire
fighting.
b. Safety flares for the combustion of waste gases.
~ c. Fires used only for cooking of food for human beings.
d. When the material to be burned is residential rubbish and ori-
ginates on and is being burned on premises not served by an
organized solid waste disposal service, or available to a dis-
posal site.
e. Backfires or other fire control methods used for the purpose of
controlling an existing wild fire.
f. These exceptions shall not apply to the burning of rubbish, of
any industrial, commercial, or institutional facilities wherever
located, or to any residential facilities wherever located, or
to any residential facility constructed for use of more than
two families.
g. Burning for right-of-way clearing, levee and ditch maintenance,
or open burning at dumps by a public entity or utility when a
permit is obtained from the control district. This exception
shall be subject to all the provisions of Rule 416.1.
h. Conducting agricultural operations in the growing of crops, or
raising of fowl, animals, or bees on a farm for the primary pur-
pose of making a profit or for a livelihood; forest management,.
or range improvement, subject to all the requirements in Rule
416.1.
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(51.13) RULE 416.1 Agricultural Burning
Conducting agricultural operations in the growing of crops, or raising
of fowl, animals, or bees on a farm for the primary purpose of making
a profit or for a livelihood; or range improvements, shall be subject
to the following:
a. General Definitions
•
1. Agricultural Burning means (1) open outdoor fires
used in agricultural operations in the growing of
crops or the raising of fowl or animals, or open
outdoor fires used in forest management, range im-
provement, or the improvement of land wildlife and
game habitat, or disease or pest prevention. (2) open
outdoor fires used in the operation or maintenance of
a system for the delivery of water for the purpose
specified in (1) of the definition. Section 41807 shall
not apply to such burning. This also includes the
following:
(a) The open burning of agricultural waste produced
from agricultural research or instruction by
an educational institution.
(b) For the purpose of cultural practice burns,
the burning of fence rows and ditch banks for
weed control and weed abatement and burning in
nontillage orchard operations.
(c) The burning of material not produced wholly from
such operations but are intimately related to the
growing or harvesting of crops. Examples are
paper raisin trays, pesticide and fertilizer sacks
which are emptied in the field but does not
include such items as shop waste, demolition
material, garbage, oil filters, tires, broken
boxes, pallets, or similar materials.
2. Agricultural Wastes are defined as unwanted or unsalvable
materials produced wholly from agricultural operations
directly related to the growing of crops or the
raising of animals for the primary purpose of making a
profit or for a livelihood; or range improvements.
b. Prohibitions
No person knowingly shall set or permit agricultural
burning unless he has a valid permit from the fire ;
control agency designated by the San Joaquin County
Air Pollution Control Board to issue such permits in
the area where the agricultural burn will take place.
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Note: Each fire control agency so designated by the
Board shall issue agricultural burning permits
subject to the Rules and Regulations of the Air
Resources Board and the San Joaquin County Air Pollution
Control District.
2. Each applicant for a permit shall provide information
as required by the designated fire protection agency
for fire protection purposes.
3. Each applicant for a permit shall provide information
as required by the San Joaquin County Air Pollution
Control District.
4. Prior to the burn, notice of intent shall be given by
the permittee to the fire control agency having juris- .
diction over the site of the proposed burn.
5. No permit shall be valid for any day during a period
in which agricultural, burning is prohibited by the
Air Resources Board.
6. No permit shall be valid for any day in which burning .
is prohibited by the designated fire control agency
having jurisdiction over the site of the burn for the
purpose of fire control or prevention.
7. All agricultural wastes to be burned must be free of
tires, rubbish, tar paper, construction debris, and
all other nonagricultural wastes.
8. All agricultural wastes to be burned shall be loosely
stacked in such a manner as to promote drying and
insure combustion with the minimum of smoke .production.
All agricultural wastes to be burned shall be free of
excessive dirt, soil, and visible surface moisture.
9. All agricultural wastes to be burned shall be ignited
only with approved types of ignition devices as
defined herein.
10. The following types of agricultural waste materials
to be burned shall be allowed to dry for the following
minimum time periods or equivalent.
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a. Open Burning In Agricultural Operation
1. Rice Stubble: 4 days following harvest
2. Dry Cereals: 0 days
3. Prunlngs and Small Branches: 3 weeks
4. Large Branches and Trees: 6 weeks
i
b. Range Improvement Burning >
1. Treated brush and unwanted trees: as
required by the designated agency issuing the
permit.
11. Materials to be burned shall be ignited only during
daylight hours, and all burning shall be terminated by
sunset of each day. No material shall be added to an
existing fire after 3:00 P.M., Pacific Standard Time,
(unless an exception has been granted by the San
Joaquin County Air Pollution Control Officer).
12. No burning of agricultural waste materials shall be
permitted which will create a nuisance as defined in
Section 41700 of the California State Health and
Safety Code.
13. The Air Pollution Control Officer may restrict agricul-
tural waste burning to selected permittees on desig-
nated Burn Days if the total tonnage to be ignited would
discharge a volume of contaminants into the atmosphere
sufficient to cause adverse conditions. Selection may be
made by designating burning "odd" or "even" number of
the fire permit issued the previous day.
C. Range Improvement Burning
1. Between January 1 and May 31, range improvement burnina
may be conducted by permit on a No-Burn Day, providing
that more than 50 percent of the land has been brush
treated.
2. If the burning is to be done primarily for improvement
of land for wildlife and game habitat, no permit shall ue
issued unless the applicant has filed with the District a
statement from the Department of Fish and Game certifying
that the burn is desirable and proper.
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Notwithstanding the provisions in Subdivision 1 of this
subsection, the Board may prohibit range improvement burn-
ing during the period designated by the District if in the
opinion of the Air Resources Board, such prohibition is
required for the maintenance of suitable air quality.
3. No BURNING shall be conducted unless brush has been
treated and unwanted trees felled whenever it is
economically and technically feasible to do so, and
drying times as specified in B-10 b-1 of this rule
shall be adhered to.
4. The material to be burned shall be ignited as rapidly
as practicable within the applicable fire control
restrictions.
D. Exceptions
1. Exception to Rule 416.1 (b-5 and b-11). The Air Pollu-
tion Control Officer .may grant an exception to allow burn-
ing on a "No-Burn Day" so designated by the Board,
and in certain situations to allow burning to continue
past sunset of each day, when denial of such permit would
threaten imminent and substantial economic loss.
The granting of an exception does not exempt the
applicant from any other district or fire control
regulation. The applicant shall submit, in writing,
on the form provided, his reasons for the exception.
The Air Pollution Control Officer may seek the advice
of the County Agricultural Commissioner, the County
Farm Advisor, or other informed sources.
2. Agricultural burning at 4,000 feet or more above sea
level is exempt from Rule 416.1 (b-5).
3. Empty sacks which contained pesticides, fertilizers or
other toxic substances may be burned on a "No-Burn
Day" providing the sacks are within the definition of
agricultural burning in an agricultural operation in
the growing of crops or raising of fowl or animals.
E. Penalty
A violation of the provisions of these Rules and
Regulations is a misdemeanor punishable by imprison-
ment "in the county jail not exceeding six (6) months
or by fine not exceeding five hundred dollars ($500)
or both, and the cost of putting out the fire. Every
day during any portion of which such violation occurs
constitutes a separate offense.
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(51.9) RULE 417 Incinerator Burning
A person shall not burn in any incinerator within the San Joaquin
County Air Pollution Control District except in a multiple-
chamber incinerator as described In Rule 102 (x), or in equipment
found by the Air Pollution Control Officer to be equally effective
for the purpose of air pollution control as an approved multiple-
chamber incinerator.
(50.7) RULE 418 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 person or the public or which cause or have a natural tendency to
cause injury or damage to business or property.'
(2.0) RULE 419 Exception
The provisions of Rule 418 do not apply to odors emanating from
agricultural operations in the growing of crops or raising of fowl or
animals.
(51.1) RULE 420 Orchard Heaters
a. No new orchard heater produced or manufactured shall be
sold for use against frost damage after January 1, 1971,
unless it has been approved by tbe State Air Resources
Board.
b. No person shall use any orchard heater after January 1, 1973,
unless it has been approved by the State Air Resources Board
or does not produce more than one gram per minute of uncon-
sumed solid carbonaceous material.
c. It shall be unlawful to sell, or offer to sell for frost
protection any orchard heater which does not comply with
Rule 420 (b).
d. All orchard heaters shall be maintained in reasonably clean
condition, good repair and working order. Whenever orchard
heaters are burning, they must be adequately attended and
supervised to maintain the condition, adjustment and proper
operation of the orchard heaters.
' . f« *_
e. If shall be unlawful for any person, for the purpose of frost
protection, to burn any rubber, rubber tires, or other sub-
stance containing rubber, or to burn oil or other combustible
substances in drums, pails, or other containers except
orchard heaters.
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(13.0) RULE 420.1 Burning Reports
San Joaquin County Air Pollution Control Officer shall submit to the
State Air Resources Board within twenty (20) days following the end of
each quarter of the calendar year:
a. A report of the date of each burn, type of waste burned, and
estimated tonnage or acreage of agricultural waste burned.
! b. A report of the number of permit exemptions issued, authoriz-
i ing the burning on a "No-Burn Day", when the denial of such
permit would threaten imminent and substantial economic loss;
date of issue; individual to whom issued; estimated amount
of waste burned; and justification for issuing the exception
permit.
(2.0) RULE 421 Separation and Combination
a. If air contaminants from a single source operation are
emitted through two or more emission points, the total
emitted quantity of any air contaminant limited by these
Rules and Regulations cannot exceed the quantity which would
be the allowable emission through a single emission point;
the total emitted quantity of any such air contaminant shall
be taken as the product of the highest concentration
measured in any of the emission points and the combined
exhaust gas volume through all emission points, unless the
person responsible for the source operation establishes,
to the satisfaction of the Air Pollution Control Officer,
the correct total emitted quantities.
b. If air contaminants from two or more source operations
are combined prior to emission, and there are adequate
and reliable means reasonably susceptible to confirmation
and use by the Air Pollution Control Officer for establish-
ing a separation of the components of the combined emission
to indicate the nature, extent, quantity and degree of
emission arising from each such source operation, these
Rules and Regulations shall apply to each such source
operation separately.
c. If air contaminants from two or more source operations are
combined prior to emission, and the combined emissions
cannot be separated according to the requirements of Rule
421 (b), these Rules and Regulations shall be applied to the
combined emission as if it originated in a single source
operation subject to the more stringent limitations and
requirements placed by these Rules and Regulations on any of
the source operations whose air contaminants are so combined.
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(10.0) RULE 422 New Source Performance Standards
All new sources of air pollution and modifications of existing sources
of air pollution shall to the extent required therein, comply with
the standards, criteria and requirements set forth in the San Ooaquin
County Air Pollution Control District New Source Performance Standards,
dated , 1975.
(11.0) RULE 423 Emission Standards for Hazardous Air Pollutants
All sources of hazardous air pollutants shall, to the extent required
therein, comply with the standards, criteria and requirements set
forth in the San Joaquin County Air Pollution Control District Emission
Standards for Hazardous Air Pollutants, dated ,1975.
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REGULATION V - PROCEDURE BEFORE THE HEARING BOARD *
(2.0) RULE 501 Applicable Provisions of the Health and Safety Code
The provisions of Chapter 3, Part 3 and Article 2, Chapter 4, Part 4, •
Division 26, of the Health Safety Code of therState of California,
respectively entitled Hearing Board and Variance.
(2.0) RULE 502 General
This regulation shall apply to all hearings before the Hearing
Board of the Air Pollution Control District.
(2.0) RULE 503 Filing Petitions
Requests for hearing shall be initiated by the filing of a petition
with the clerk of the Hearing Board, and the payment of the fee of
$25 provided for in Rule 305 of these Rules and Regulations, after
service of a copy of the petition has been made on the Air Pollution
Control Officer and one copy on the holder of the permit or variance,
if any, involved. Service may be made in person or by mail and service
may be proved by written acknowledgement of the person served or by the
affidavit of the person making the service.
(2.0) RULE 504 Contents of Petitions
Every petition shall state:
a. The name, address, and telephone number of the petitioner
or other person authorized to receive service of notices.
b. Whether the petitioner is an individual, copartner, corpora-
tion, or other entity; and names and addresses of the partners
if a copartnership, names and addresses of the officers if
a corporation, and the names and addresses of the persons in
control if other entity.
c. The type of business or activity involved in the application
and the street address at which it is conducted.:
d. A brief description of the article, machine, equipment, or
other contrivance if any, involved in the application.
e. The section or rule under which the petition is filed;
that is, whether petitioner desires a hearing:
1. To determine whether a permit shall be revoked or
a suspended permit reinstated under Section 42307 of
the Health and Safety Code of the State of California.
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2. For a variance under Section 42350 of the Health
and Safety Code of the State of California.
3. To revoke or modify a variance under Section 42356 of
the Health and Safety Code of the State of California
or to modify a variance under Section 24301 of the
Health and Safety Code of the State of California.
4. To review the denial or conditional granting of an
authority to construct or permit to operate under
Rule 201 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 addition the rule under which the permit was
granted, the request and alleged refusal which formed the
basis for such suspension, together with a brief statement
as to why information requested, if any, was not furnished;
whether such information is believed by petitioner to be
pertinent, and if so, when it will be furnished.
i. All petitions shall be typewritten, double spaced, on legal
or letter size paper, on one side of the paper only, leaving
a margin of at least one inch at the top left side of each
sheet.
(5.0) RULE 505 Petitions for Variances
In addition to the matters required by Rule 504, 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.
Include a compliance schedule which shows dates when
increments of progress will be completed: See Rule 513).
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d. The damage or harm resulting, or which would result, to
petitioner froni a compliance with such section, rule, or
order.
e. The requirements which petitioner can meet and the date
when petitioner can comply with such requirements.
•
f. The advantages and disadvantages to the residents of the
district resulting from requiring compliance or resulting
from granting a variance.
g. Whether or not operations under such variance, if granted,
would constitute a nuisance.
h. Whether or not any case involving the same identical
equipment or process is pending in any court, civil or
criminal.
i. Whether or not the subject equipment or process is covered
by a permit to operate issued by the Air Pollution Control
Officer.
(2.0) RULE 506 Appeal From Denial
A petition to review a denial or conditional approval of a permit shall,
in addition to the matters required by Rule 504, set forth a summary
of the application or a copy thereof and the alleged reasons for the
denial or conditional approval and reasons for appeal.
(2.0) RULE 507 Failure to Comply With Rules
The clerk of the Hearing Board shall not accept for filing any petition
which does not comply with these rules relating to the form, filing and
service of petitions unless the chairman or any two members of the Hear-
ing Board direct otherwise and confirm such direction in writing. Such
direction need not be made at a meeting of the Hearing Board. The
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.
(2.0) RULE 508 Answers
Any person may file an answer within 10 days after service. All answers
shall be served the same petitions under Rule 503.
(2.0) RULE 509 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.
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(16.0) RULE 510 Place of Hearing
All hearings shall beheld in an open public meeting at a place
designated by the Hearing Board.
(16.0) RULE 511 Notice of Hearing
The clerk of the Hearing Board shall mail or deliver a notice of
hearing thirty (30) days in advance to the petitioner, the Air
Pollution Control Officer, the holder of the permit or variance
involved, all Air Pollution Control Districts in the San Joaquin
Air Basin, the Administrator or the EPA, Region IX, and the State
Air Resources Board, and to any person entitled to notice under
Sections 42308 and 40824 of the Health and Safety Code. Notice of the
hearing shall be published thirty (30) days in advance of the hearing
in a prominent County newspaper with daily circulation; and, notice
, of the hearing shall be forwarded to all newspapers in the .County.
(2.0) 'RULE 512 Evidence
a. Oral evidence shall be taken only on oath or affirmation.
b. Each party shall have these rights: (1) to call and
examine witnesses; (2) to introduce exhibits; (3) to
cross-examine opposing witnesses on any matter relevant to
the issues even though that matter was not covered in the
direct examination; (4) to impeach any witness regardless
of which party first called him to testify; (5) and to
rebut the evidence against him. If respondent does not
testify in his own behalf, he may be called and examined as
if under cross-examination.
c. The Hearing need not be conducted according to technical
rules relating to evidence and witnesses. Any relevant
evidence shall be admitted if it is the sort of evidence
on which responsible oersons are accustomed to rely on in
the conduct of serious affairs, regardless of the existence
of any common law or statutory rule which might make impro-
per the admission of such evidence over objection in civil
actions. Hearsay evidence may be used for the purpose of
supplementing or explaining any direct evidence, but shall
not be sufficient in itself to support a finding, unless
it would be admissible over objection in civil actions.
The rules of privilege shall be 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.
d. Testimony must be taken from any person in the public at
large who has an interest in the variance proceeding.
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' RULE 513 Compliance Schedule
A compliance schedule shall be prepared by the petitioner for a variance
and filed with the petititon for variance not less than thirty (30)
days prior to the Hearing. The compliance schedule shall be retained for
public inspection at the office of the Air Pollution Control District.
a. The compliance schedule shall include the following minimum
increments of progress:
1. Submission of final control plans.
2. Date for letting the contract for construction or
process changes.
3. Date for initiation of construction.
4. Date for completion of construction.
5. Date for initial start-up of process and control systems.
6. Date for performance tests on control systems, and pro-
cesses, if applicable.
7. Date for final compliance of rule for which variance is
to be granted.
b. Any owner of operator who submits a compliance schedule
shall certify in writing to the San Joaquin County Air
Pollution Control District within five (5) days of each
increment of progress given in paragraph (a) above, whether
or not the required increment of progress was met. Failure
to meet increments of progress shall be cause to invalidate
any variance granted to the petitioner and for revoking
conditional permits to operate granted by the Hearing Board.
(2.0) RULE 514 Preliminary Matters
Preliminary matters such as setting a date for hearing, granting con-
tinuances, approving petitions for filing, allowing amendments and other
preliminary rulings not determinative of the merits of the case may
be made by the chairman or any two members of the Hearing Board without
a hearing or meeting of the Hearing Board and without notice.
(2.0) RULE 515 Official Notice
The Hearing Board may take official notice of any matter which may be
judicially noticed by the courts of this State.
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(2.0) RULE 516 Continuances
The chairman or any two members of the Hearing Board shall grant any
continuance of 15 days or less, concurred in by petitioner, the Air
Pollution Control Officer and by every person who has filed an answer
in the action and may grant any reasonable continuance; in either case,
such action may be exparte, without a meeting of the Hearing Board and
without prior notice.
(2.0) RULE 517 Decision
The decision shall be in writing, served and filed within 15 days after
submission of the cause by the parties thereto and shall contain a
brief statement of facts found to be true, the determination of the
issues presented and the order of the Hearing Board. A copy shall be
mailed or delivered ot the Air Pollution Control Officer, the petitioner,
and to every person who has filed an answer or who has appeared as a
party in person.or by counsel at the hearing. The Hearing Board decision
shall be mailed to the State Air Resources Board within thirty (30) days
of the hearing.
(2.0) RULE 518 Effective Date of Decision
The decision shall become effective 15 days after delivery or mailing a
copy of the decision, as provided in Rule 517 or the Hearing Board may
order that the decision shall become effective sooner.
(3.0) RULE 519 Lack of Permit
An appeal from a denial of a permit and petition for a variance may be
filed with the Hearing Board in a single petition. A variance granted
by the Hearing Board may include a permit for the duration of the
variance.
(2.0) RULE 520 Superior Court Actions
Any person deeming himself aggrieved, Including the Air Pollution Control
District, may maintain a special proceeding in the Superior Court, to
determine the reasonableness and legality of any action of the Hearing
Board.
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