U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-296 693
Air Pollution Regulations in
State Implementation Plans
California, Shasta County
Abcor, Inc, Wilmington, MA Wolden Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NC Control
Programs Development Div
Aug 78
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KB 296693
United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Part?. NC 27711
EPA-450/3-78-054-36
August 1978
Air
Air Pollution Regulations
in State Implementation
Plans:
California
*..... - .
Shasta County
REPRODUCED BV
I NATIONAL TECHNBCAt i
; INFORMATION
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TECHNICAL REPORT DATA
(Please read Instructioni on the reverse before completing)
1. REPORT NO.
EPA-450/3-78-054-36
JL_
4. TITLE AND SUBTITLE
Air Pollution Regulations in State Implementation
Plans: California Shasta County
6. REPORT DATE
August 1978
6. PERFORMING ORGANIZATION CODE
7. AUTHOR(S)
8. PERFORMING ORGANIZATION REPORT NO
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Walden Division of Abcor, Inc.
Wilmington, Mass.
10. PROGRAM ELEMENT NO.
11. 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, V978, have been incorporated. As mandated by Congress,
this document will be updated annually. State and/or local atr-quality regulations
which have not been Federally approved as of January 1, 1978, are not included here;
omission of these regulations from this document in no way affects the ability of
the respective Federal, State, or local agencies to enforce such regulations.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
Air pollution
Federal Regulations
Pollution
State Implementation Plans
8. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
h.lDENTIFIERS/OPEN ENDED TERMS c. COSATI Held/Group
19. SECURITY CLASS (This Report!
Unclassified
20. SECURITY CLASS (Thispage)
ilnelassitied
22. PRICE
EPA Form 2220-1 (9-73)
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EPA-450/3-78-054-36
Air Pollution Regulations
in State Implementation Plans
Shasta County
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-450/3-78-054-36
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 1n 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
Submittal Date
6/30/72
OF
EPA-APPROVED REGULATION CHANGES
CALIFORNIA
Approved Date
9/22/72
Description
Regulations
Approved Unless
Noted Otherwise
7/19/74
8/2277
Rules 1:1-1:2, 2:6(l)(a),
2:6(l)(b)(i-1i, iv-vii),
:6(l
:6(l
2:6(l)(d-e), 2:6(2-4),
2:7,2:8(a-c), 2:9,
2:11, 2:14, 2:25, 3:1-3:9,
3:11-3:12, 4:1-4:23
1/10/75
8/2277
Rules 2:6(5)(b), 3:1, 3:2,
4:6, 4:14
7/22/75
8/22/77
Rule 2:8
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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
50.4 HYDROCARBONS
50.5 CARBON MONOXIDE
50.6 ODOROUS POLLUTANTS
50.7 OTHERS (Pb, Hg, etc.)
51.0 SOURCE CATEGORY SPECIFIC REGULATIONS
51.1 AGRICULTURAL PROCESSES (Includes Grain Handling, Orchard Heaters,
Rice and Soybean Facilities, Related Topics)
51.2 COAL OPERATIONS (Includes Cleaning, Preparation, Coal Refuse
Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
51.3 CONSTRUCTION (includes Cement Plants, Materials Handling, Topics
Related to Construction Industry)
51.4 FERROUS FOUNDRIES (includes Blast Furnaces, Related Topics)
51.5 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Participates
(Includes Fuel Content and Other Related Topics)
51.6 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (Includes
Fuel Content and Other Related Topics)
51.7 FUEL BURNING EQUIPMENT (oil, natural gas, coal) - N02 (includes
Fuel Content and Other Related Topics)
51.8 HOT MIX ASPHALT PLANTS
51.9 INCINERATION
51.10 NITRIC ACID PLANTS
51.11 NON-FERROUS SMELTERS (Zn, Cy, 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
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TABLE OF CONTENTS
Revised Standard
Subject Index
(2.0;
(1.0)
(2.0;
(2.0)
(3.0)
(3.0)
(2.0)
(51.13)
(51.13)
(51.13)
(51.13)
(3.0)
(2.0)
(3.0)
(2.0)
(9.0)
(3.0)
SHASTA COUNTY
Rule Number
Rule 1:1
1:2
. 2:1
2:2
2:3
2:4
2:5
2:6
2:7
2:8
2:9
2:10
2:11
2:12
2:13
2:14
2:15
REGULATIONS
Title
Title
Definitions
Effective Date
Authority to Construct
Permit to Operate
Permit to Sell or Rent
Exemptions
Agricultural Burning
Open Burning in Urban
Areas
Exceptions to Open
Burninq
Additional No Burn
Days
Action on Applications
Interim Variance
Fees
Standards For Granting
Applications
Conditional Approval
Testing Facilities
Applications Deemed
Page
1
1
6
6
6
6
6
7
14
15
15
15
16
18
18
19
Denied 20
vi i i
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(2.0)
(3.0)
(2.0)
(3.0)
(3.0)
(3.0)
(14.00)
(2.0)
(50.0)
(51.16)
(51.16)
(51..1)
(2.0)
(2.0)
(2.0)
(2,0)
(7.0)
(2.0)
(51.21)
2:16
2:17
2:18
2:19
2:20
2:21
2:25
3:1
3:2
3:3
3:4
3:5
3:6
3:7
3:8
3:9
3:10
3:11
3:12
Appeals
Status of Permit
Transfer
Change in Multi-
Component System
Posting of Permit
to Operate
Defacing Permit
Public Records-Trade
Secrets
Applicability of State
Laws
Specific Air
Contaminants
Hydrocarbons
Industrial Use of
Organic Solvents
Agricultural Uses
Circumvention
Enforcement
Orders for Abatement
Recommendation of
Control Officer
Breakdown or Uoset
Condition
Local Rules
Reduction of Matter of
20
20
20
20
20
21
21
22
22
24
25
26
26
26
26
27
27
27
Animal Origin 27
IX
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(3.0) 4:1 Applicable Articles of
the Health & Safety
Code 28
(2.0)
(2.0)
(16.0)
(2.0)
(5.0)
(2.0)
(2.0)
(2.0)
(2.0)
(2.0)
(2.0)
(16.0)
(16.0)
(2.0)
(2.0)
(2~.0)
(2.0)
(16.0)
(2.0)
4:2
4:3
4:4
4:5
4:6
4:7
4:8
4:9
4:10
4:11
4:12
4:13
4:14
4:15
4:16
4:17
4:18
4:19
4:20
General
Filing Petitions
Hearing Board Fees
Contents of Petitions
Petition for Variance
Petition for Abatement
Order
Contents of Notice
of Appeal
Failure to Comply
with Rules
Service of Notices,
etc.
Answers
Withdrawal of Petition
Place of Hearing
Notice of Hearing
Rules of Evidence and
Procedure
Preliminary Matters
Official Notice
Continuances
Hearing and Decision
Effective Date of
28
28
28
29
29
29
30
30
30
30
30
30
30
31
31
31
32
32
Decision 32
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(2.Q) 4:21 Issuance of Subpeonas
Subpoenas Duces Tecum 32
(2.0) 4:22 Confidential Information 32
(2.0) 4:23 Additional Rules 32
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RULE I TITLE AND DEFINITIONS
(2.0) Rule 1:1. Title: These rules and regulations shall be known as the
Rules and Regulations of the Shasta County Air Pollution Control
District.
(1.0) Rule 1:2. Definitions: Except as otherwise specifically provided in
these rules and, except where the content otherwise indicates, words used
in these rules are used in exactly the same sense as the same words are
used in Chapter 2, Division 20, of the Health and Safety Code.
Abatement Order means an order issued by the Hearing Board to a specific
person requiring said person to forthwith cease all specified act or
acts, or the specified use of a machine or machines, which specified
act(s) or specified use(s) result in violation(s) of these rules.
Agricultural Burning means open outdoor fires used in agricultural
operations in the growing of crops or raising of fowls or animals,
forest management, or range improvement, or used 1n improvement of land
for wildlife and game habitat. (Added 10/12/71; Amended 12/4/72)
Agricultural Producer means a person or persons, including a corporation
duly formed or qualified to do business in Shasta County, California,
engaged in operations of growing and harvesting crops or raising of
fowls or animals for the primary purpose of making a profit, or
providing a livelihood who possesses at least five (5) contiquous acres of
irrigated cropland, of five (5) contiguous acres of forest land, or twenty
(20) contiguous acres of farmland or grazing land, or the property possessed
must have attributed to or augmented such person or persons gross income by
at least 10% during either of the last two calendar years. (Added 12/4/72)
Air Contaminant includes smoke, charred paper, dust, soot, grime, carbon,
fumes, gases, odors, particulate matters acids, or any combination
thereof. (Amended 10/1/73)
Approved Ignition Methods includes those instruments or materials that
will ignite agricultural waste without the production of black smoke.
This would include such items as liquid petroleum gas, butane or propane
burners, and flares, but does not include the use of tires, tar paper,
and other similar materials. (Added 10/12/71)
Atmosphere means the air that envelops or surrounds the earth. Where air
pollutants are emitted into a building (other than a hog fuel house) not
designed specifically as a piece of air pollution control equipment, such
emission into the building shall be considered an emission into the
atmosphere.
Roard means the Air Pollution Control Board of the Shasta County Air
Pollution Control District.
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Drush Treated means that the material to be burned has been felled,
crushed or uprooted with mechanical equipment,°r nas been designated
with herbicides. (Added 12/4/72)
Combustible or Flammable Wastes are any garbage, rubbish, trash, rags,
paper, boxes, crates, excelsior, ashes, offal, carcass of a dead amimal,
or any other combustible or flammable refuse matter which is in a
solid or liquid form. (Amended 5/8/72)
Conibus ti on Contaminants are particulate matter discharged into the
atmosphere from the burning of any kind of material containing
carbon in a free or combined state.
Control Officer means tne Air Pollution Control Officer of the Shasta
County Air Pollution Control District.
Designated Agency means any agency designated by the State Air
Resources Board as having authority to issue agricultural burning
permits. Ths U. S. Forest Service and the California Division
of Forestry are so designated within their respective areas of
jurisdiction. (Added 12/4/72)
District is the Shasta County Air ^ollutior Control District.
Dusts are minute, solid particles released into the air by natural
forces or by mechanical processes such as crushing, grinding, milling,
drilling, demolishing, shoveling, conveying, covering, bagging,
sweeping, or other similar processes.
Forest Management Burning means the use of open fires, as part of
a forest management practice, to remove forest debris. Forest
management practices include timber operations, silviculture! practices
or forest protection practices. (Added 12/4/72)
Flue means any duct or passage for air, gases, or the like, such as a
stack or chimney. (Added 5/8/72)
Fumes are minute, solid particles which result from the condensation
of vapors from solid matter after volatilization from the molten
state, or may be generated by sublimation, distillation, calcination,
or chemical reaction, when these processes create air-borne
particles.
Gasoline means any petroleum distillate having a Reid vapor pressure
of four pounds or greater.
Hearing Boarc'. means the Hearing Board of the Shasta County Air Pollution
Control District.
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Incinerator means any furnace or similar enclosed fire-chamber,
with or without a draft control, used for burning refuse or other
waste material, where products of combustion are directed through a
flue. (Amended 5/8/72)
Institutional Facility means any hospital, boarding home, school,
corporation yard, or like facility.
Loading Facility means any aggregation or combination of gasoline
loading equipment which is both (1) possessed by one person, and
(2) located so that all the gasoline loading outlets for such
aggregation or combination: of loading equipment can be encompassed
within any circle of 300 ft. in diameter.
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
refractory lined chambers in series, physically separated by
refractory walls, interconnected, by gas passage ports or ducts, and
employing adequate design parameters necessary for maximum combustion
of the material to be burned.
Multi-Component System is a collection, or combination, of mutually
dependent articles, structures, or devices customarily or necessarily
started, operated and taken out of service as a unit.
No Burn Day means any day on which agricultural burning is prohibited
by the Air Resource Board or the Shasta County Air Pollution Control
Officer. (Added 10/12/71; Amended 12/4/72)
Open Burning In Agricultural Operations in the Growing and Harvesting
of Crops or Raising of Fowls or Animals means:
1, The burning in the open of materials by an agricultural producer
or by an education institution conducting agricultural research
or instruction which are produced wholly from operations in the
growing and harvesting of crops or raising of fowls or animals.
2. In connection with operations qualifying under Subdivision 1:
(a) The burning of grass and weeds in or adjacent to fields
in cultivation or being prepared for cultivation; and
(b) The burning of materials not produced wholly from such
operations, but which are intimately related to the growing
or harvesting of crops and which are used in the field,
except as prohibited by district regulations. (Added 12/4/72)
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Open Outdoor Fire means any combustion of solid or liquid waste
outdoors in the open, not in any enclosure, where the products of
combustion are not directed through a flue. (Amended 5/8/72)
Organic Solvents are dilutents and thinners which are liquids at
standard conditions and which are used as dissclvers, viscosity
reducers or cleaning agents.
Particulate Matter is any material, except uncombined water, which
exists in a finely divided form as a liquid or solid at standard
conditions, but shall exclude particles in any dimension which fall
to the ground at a geometrically accelerated rate.
Photochenvically Reactive Solvent is any solvent with an aggregate of
more than 20 percent of its total volume composed of the chemical
compounds classified below or which exceeds any of the following
individual percentage composition limitations, referred to the total
volume of solvent:
1. A combination of hydrocarbons, alcohols, aldehydes, esters,
ethers, or ketones having an olefinic or cyclo-olefinic type
of unsaturation: 5 percent;
2. A combination of aromatic compounds with eight or more carbon
atoms to the molecule except ethylbenzene: 8 percent;
3. A combination of ethylbenzene, ketones having branched
hydrocarbon structures, trichlorethylene or toluene: 20 percent.
Permissive Burn Day means any day on which agricultural burning is
not prohibited by the Air Resources Board or the Shasta County Air
Pollution Control Officer. (Added 12/4/72)
Person Teans any person, firm, association, organization, partnership,
business trust, corporation, company, contractor, supplier,
installer, user or owner, or any state or local governmental agency
or public district or any officer or employee thereof.
Photochemicany Reactive Substance means any substance which when
irradiated with ultraviolet light reacts with air to form ozone or
other products typically associated with photochemical smog.
(Added 10/1/73)
Process is the series of actions or motions involved in one single
operation wherein all articles, machinery, equipment, or other
contrivances contributing to the operation must be operated
simultaneously. Time lags and/or holding devices will constitute
separation of processes whether they are used or not. (Added 5/8/72)
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Process Height Per Hour is the total weight of all materials
introduced into any specific process which process may cause
dny discharge into the atmosphere. Solid fuels charged will be
considered as part of the process weight, but liquid and gaseous
fuels and combustion air will not. The "Process Weight Per Hour"
will be derived by dividing the total process weight by the
number of hours in one complete operation from the beginning of any
given process to the completion thereof, excluding any time during
which the equipment is idle.
Range Improvement Burning means the use of open fires to remove
vegetation for a wildlife, game or livestock habitat or for the
initial establishment by an agricultural producer of an
agricultural practice on previously uncultivated land. (Added 12/4/72)
Regulation means one of the major subdivisions of Rules of the
Shasta County Air Pollution Control District.
Residential Rubbish means refuse originating from residential uses
and includes wood, paper, cloth, cardboard, tree trimmings, leaves,
lawn clippings, and dry plants.
Rule means a rule of the Shasta County Air Pollution Control District.
Section means section of the Health and Safety Code of the State of
California unless some other statute is specifically mentioned.
Standard Conditions are a gas temperature of 70 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.
Timber Operations means cutting or removal of timber of other forest
vegetation.[ABded 12/4/72)
Total Reduced Sulphur means sulphur expressed as H2S on a dry gas basis
at standard conditions.
SiIvicultural means the establishment, development, care and
reproduction of stands of timber. (Added 12/4/72)
Variance means an authorization by the Hearing Board to permit some
act contrary to the requirements specified by these rules and
regulations.
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RULE II PERMITS
(2.0) Rule 2:1. Effective Date: Rule 2:3 shall be effective 90 days after
the adoption of these rules and regulations.
(2.0) Rule 2:2. Authority to Construct: Any person building, erecting,
altering or replacing any article, machine, equipment or other
contrivance, or multi-component system including same, 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 written authority for such construction from the
Control Officer. An authority to construct shall remain in effect
until the permit to operate the equipment for which the application
was filed is granted or denied or the application is canceled.
(3.0) Rule 2:3. Permit to Operate: Subject to the provisions of Rule 2:9,
before any article, machine, equipment or other contrivance or
multi-component system including same, 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, may be operated or used,
a written permit shall be obtained from the Control Officer.
No permit to operate or use shall be granted either by the Control
Officer or the Hearing Board for such article, machine, equipment or
contrivance if it was constructed or installed without authorization
as required by Rule 2:2 until the information required is presented
to the Control Officer and such article, machine, equipment or
contrivance is altered, if necessary, and made to conform to the
standards set forth in these Rules and Regulations.
(3.0) Rule 2:4. Permit to Sell or Rent: Any person who sells or rents to
another person an incinerator which may be used to dispose of
combustible refuse by burning within the District and which incinerator
is to be used exclusively in connection with any structure, which
structure is designed for and used exclusively as a dwelling for more
than four families, shall first obtain a permit from the Control Officer
to sell or rent such incinerator.
(2.0) Rule 2:5. Exemptions: There are hereby exempted from the permit
requirements vehicles as defined by the Vehicle Code of the State
of California and aircraft. The Control Officer may, additionally,
exempt .any kind or type of machines or devices within the following
categories:
a. Internal combustion engines.
b. Equipment used exclusively for space heating or air conditioning,
other than boilers.
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c. Equipment used in the preparation of food products that are
intended for human consumption within 24 hours.
d.' Steam generators, steam superheaters, water heaters, and closed
heat transfer systems that are fired exclusively with one of the
following:
1. Natural gas;
2. Liquefied petroleum gas;
3. A combination of natural gas and liquefied petroleum gas.
e. Agricultural equipment used in the preparation of the land, and
the planting, tillage and harvesting of field and orchard crops.
f. Self-propelled construction equipment used in land grading paving,
leveling, digging, or other similar operations, other than pavement
burners.
g. Home use appliances.
h. Recreational equipment.
i. Dryers for wood and wood products.
The'exemptions set forth above do not supersede the provisions of Rule 3.
(51.13) Rule 2:6. Agricultural Burning; This rule applies to both the portions
Northeast Plateau A1r Basin and the Sacramento Valley Air Basin located
within the boundaries of Shasta County Air Pollution Control District.
(1) GENERAL PROVISIONS:
(a) Policy; The guidelines established by this rule are not
intended to permit open burning on days when such open
burning 1s prohibited by public fire protection agencies
for purposes of fire control or prevention.
(b) Permissive or No Burn Days;
(i) Commencing no later than December 20, 1972, a notice
as to whether a day is a permissive-burn day or a no-
burn day will be provided by the Air Resources Board
each morning by 0745 for each of the air basins within
the District. Such notices will be based on the
Meteorological Criteria for Regulating Agricultural
Burning, which were adopted by the Air Resources Board
on June 21, 1972.
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(ii) An advisory outlook which estimates whether the
following day(s) will be a permissive-burn or no-
burn day(s) will be made.
(iv) Upon requests from a permittee through a designated
agency, seven days in advance of a specific range
improvement burn at any elevation below 6,000 feet
(msl), or of a specific forest management burn at
elevations between 3,000 to 6,000 feet (msl), a
permissive-burn or no-burn notice will be issued by
the Air Resources Board up to 48 hours prior to the
date scheduled for the burn. Without further request,
a daily notice will continue to be issued until a
permissive-burn notice is issued.
(v) Notwithstanding the above provision, the Air Resources
Board may cancel permissive-burn notices that had
been issued more than 24-hours in advance if the
cancellation is necessary to maintain suitable air
quality.
(vi) A permissive-burn or no-burn advisory outlook will
be available up to 72-hours in advance of such burns.
(vii) The Shasta County Air Pollution Control Officer may
declare no-burn days in addition to those so declared
by the Air Resources Board.
(c) Burning Permits:
(i) No person knowingly shall engage in agricultural
burning unless he has a valid permit from the agency
designated by the Air Resources Board to issue such
permits in the area where the agricultural burn will
take place. A violation of this Rule constitutes a
violation of Section 39299 of the California Health
and Safety Code.
(a) Each agency so designated by the State Air
Resources Board shall issue agricultural
burning permits subject to the Rules and
Regulations of the State Air Resources Board
and of the County Air Pollution Control
District.
(ii) Each applicant for a permit shall provide information
as required by a fire protection agency having
jurisdiction for fire protection purposes.
-8-
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(iii) Each applicant for i permit shall provide information
as required by the Air Pollution Control District.
(vi) At least twenty-four hours prior to the burn, notice
of intent should be given by the permittee to the
designated agency having jurisdiction over the site
of the proposed burn.
(v) Except for special permits, no permit shall be valid
for any day during a period in which agricultural
burning as prohibited by the State Air Resources
Board or the Shasta County Air Pollution Control
Officer.
(vi) 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.
(d) Burning Report:
(i) A report of burning pursuant to this Rule during
each quarter of a calendar year shall be submitted
to the Air Resources Board by the Shasta County
Air Pollution District within 20 days of the end
of the quarter. The report shall include the
date of each burn, the type of waste burned* and
the estimated tonnage or acreage of waste burned.
(ii) A report of permits issued by special permit
authorizing burning on no-burn days during each
quarter of a calendar year shall be submitted to the
Board within 20 days after the end of the quarter.
The report shall include the number of such permits
issued, the date of issuance of each permit, the
person or persons to whom the permit was issued,
an estimate of the amount of wastes burned pursuant
to the permit, and a summary of the reasons why denial
of such permits would have threatened imminent and
substantial economic loss.
(e) Penalty and Enforcement Provisions;
(i) The prohibitions herein set forth are subject to the
penalty provisions contained in Shasta County Air
Pollution Control District Rules, by reference to the
State Law which includes Health and Safety Code
Section 24253.
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(ii) The Control Officer is charged with the enforcement
of these rules as per Shasta County Air Pollution
Control District Rule 3:7.
(iii) Open Burning:
(a) Complaint received or burning observed.
(b) Investigation (fire protection agency or air
pollution control district).
1. Determine responsible person.
2. Determine who ordered fire.
3. Ask for permit.
4. Determine whether violation exists.
(iv) If violation exists:
(a) Action taken:
1. Obtain all pertinent information for
report - name, address, location of burn,
material, wind direction, description of
fire and smoke, statements made by subject,
witnesses, photos if possible.
2. Issue citation to appear
(Section Penal Code 836.5).
3. If citation cannot be issued because of
complexities of the violation or the
magnitude of the violations, the
following may be pursued:
a. Investigation: same as above.
b. Review file with Air Pollution
Control Officer.
c. Ask District Attorney for complaint
or injunctive action.
4. May issue official notice to cease and
desist - subject to judgment of officer.
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(2) PROHIBITIONS - CONDITIONS FOR OPEN BURNING IN AGRICULTURAL
OPERATIONS IN THE GROWING AND HARVESTING OF CROPS OR RAISING
OF FOWLS OR ANIMALS:
(a) All material to be burned must be free of material that
is not produced in an agricultural operation, except for
approved ignrcion devices;
(b) All material to be burned mut be arranged so that it will
burn with a minimum of smoke and must be reasonably free
of dirt, soil and visible surface moisture, and when
required, all waste piled to be burned must be prepared
so that it will burn with a minimum of smoke; and when
required by District, the burn shall be assisted with the
use of mechanical and blowing devices;
(c) The wood waste shall be cut and dried prior to burning
for the following specified minimum periods:
Trees under 6" (DBH) - 3 months;
Vines, bushes, prunings and small branches between the
months of November and April - 3 months;
Vines, bushes, prunings and small branches between the
months of May and October - 2 months;
Waste from field crops that are cut in a green condition -
3 weeks-:
All unwanted trees over 6" diameter at breast height (DBH)
be fallen and dried for a minimum period prior to burning
as follows:
Between 6'' and 12" - 6 months;
Between 12" and 24" - 1 year;
Over 24" - 2 years.
. Hov/ever, if any tree over 0" DBH is fallen and bucked to
lengths under 24" and split accordingly, the minimum
drying period 1s 3 months.
(d) The Air Pollution Control Officer may restrict burning to
selected permittees on designated burn days if the total
tonnage to be ignited would discharge a volume of
contaminants into the atmosphere sufficient to cause
adverse conditions. In no event shall more than 10% of any
single crop, or 3,000 acres, whichever is greater, be
ignited on any given day.
-11-
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(e) No burning be conducted if wind conditions would cause an
updue amount of smoke to be blown into populated areas.
However, in no event shall a public or private nuisance
be permitted to exist by the Air Pollution Control Officer
or by the permittee.
(f) All fires be ignited by ignition devices approved by the
Shasta County Air Pollution Control District, but in no
event shall fires be ignited by waste oil, tires or tar
paper.
(3) PROHIBITIONS - CONDITIONS FOR RANGE IMPROVEMENT BURNING:
(a) All fires be ignited by ignition devices approved by the
Shasta County Air Pollution Control District, but in no
event shall fires be ignited by waste oil, tires or tar
paper.
(b) The Air Pollution Control Officer may restrict burning to
selected permittees on designated burn days if the
total tonnage to be ignited would discharge a volume of
contaminants into the atmosphere sufficient to cause
adverse conditions. In no event shall more than 6,000
acres be ignited on any given day.
(c) The burn must be ignited as rapidly as practicable within
applicable fire control restrictions.
(d) No burning be conducted if wind conditions would cause an
undue amount of smoke to be blown into populated areas.
However, in no event shall a public or private nuisance
be permitted to exist by the Air Pollution Control
Officer or by the permittee.
(e) All brush to be burned must be brush treated at least
six months prior to the burn unless such, in the opinion
of the Air Pollution Control Officer of the District, is
economically and technically not feasible.
(f) The wood waste be cut and dried prior to burning for the
following specified minimum periods:
Trees under 6" (DBH) - 3 months;
Vines and bushes between the months of November and April -
3 months;
Vines and bushes between the months of May and October -
2 months;
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All unwanted trees over 6" diameter at breast height (DBH)
be fallen and dried for a minimum period prior to burning
as follows:
. Between 6" and 12" - 6 months;
Between 12" and 24" - 1 year;
Over 24" - 2 years.
However, if any tree over 6" DBH is fallen and bucked to
lengths under 24" and split accordingly, the minimum
drying period is 3 months.
(g) If the burn is to be done primarily for improvement of
land for wildlife and game habitat, the permit applicant
must file with the district a statement from the
Department of Fish and Game certifying that the burn is
desirable and proper.
(4) PROHIBITIONS - FOREST MANAGEMENT BURNING:
(a) All fires be ignited by ignition devices approved by the
.Shasta County Air Pollution Control District, but in no
event shall fires be ignited by waste oil, tires or tar
paper.
(b) The Air Pollution Control Officer may restrict burning to
selected permittees on designated burn days if the total
tonnage to be ignited would discharge a volume of
contaminants into the atmosphere sufficient to cause adverse
conditions. In no event shall more than 10% of any single
crop, or debris on 3,000 acres, whichever is greater, be
ignited on any given day.
(c) The burn must be ignited as rapidly as practicable
within applicable fire control restrictions.
(d) No burning be conducted if wind conditions would cause an
undue amount of smoke to be blown into populated areas.
However, in no event shall a public or private nuisance be
permitted to exist by the Air Pollution Control Officer or
by the permittee.
(e) The wood waste be cut and dried prior to burning for the
following specified minimum periods:
Trees under 6" (DBH) - 3 months;
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Vines and bushes between the months of November and April -
3 months;
Vines and bushes between the months of May and October -
2 months;
All unwanted trees over 6" diameter at breast height (DBH)
be fallen and dried for a minimum period prior to burning
as follows:
Between 6" and 12" - 6 months;
Between 12" and 24" - 1 year;
Over 24" - 2 years.
However, if any tree over 6" DBH is fallen and bucked to
lengths over 24" and split accordingly, the minimum
drying period is 3 months.
(f) All waste to be burned must be free of tires, rubbish, tar
paper or construction debris.
(g) All waste to be burned must be windrowed or piled where
possible, unless good silvicultural practice dictates <
otherwise.
(h) All waste piled to be burned must be oreoared so that it.
will burn with a minimum of smoke; and when required by
District, the burn shall be assisted with use of mechanical
air blowing devices.
(i) All waste piled to be burned must be reasonably free of
dirt and soil.
Rule 2:6(5) Exceptions:
(b) Any person who sets a fire pursuant to the written order
of an enforcement officer for the purpose of disease or
pest control shall be exempt from the provisions of this
Rule 2:6 or Rule 2:7.
(51.13) Rule 2:7. Open Burning in Urban Areas: It shall be unlawful after
July 1, 1972, to burn combustible or flammable solid or liquid waste
in open outdoor fires within that portion of Shasta County within the
boundaries of the Enterprise Public Utility District and within the.
boundaries of the Central Valley Fire District. It shall be unlawful
after April 1, 1973, to burn combustible or flammable solid or liquid
waste in open outdoor fires within that portion of Shasta County
within the city limits of Redding and Anderson.
(Added 5/8/>2)'
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(51.13) Rule 2:8. Exceptions to Open Burning;
(a) Nothing in Rules 2:6 or 2:7 shall be construed as limiting the
authority granted under other provisions of law:
(1) To any public officer to set or permit a fire when such
fire is, in his opinion, necessary for any of the following
purposes:
(a) For the purpose of the prevention of a fire hazard
which cannot be abated by any other means, or
(b) The instruction of public employees in the methods
of fighting fires,
(c) Set pursuant to permit on property used for industrial
purposes for the purpose of instruction of employees
in methods of fighting fire.
(b) To set or cause to be set backfires necessary to save life or
valuable property pursuant to Section 4426 of the Public Resources
Code.
(c) To abate fires pursuant to Chapter 2 (commencing with Section
13025) of Part I of Division 12 of the Health and Safety Code.
(e) The Air Pollution Control Officer is authorized to issue permits
for open outdoor fires in mechanized burners fqr the purpose of
disposing of agricultural wastes, or wood waste from trees, vines,
bushes, or other wood debris free of nonwood materials on the
condition that no air contaminant is discharged into the atmosphere
for a period or periods aggregating more than 30 minutes in any
eight-hour period which is:
a. As dark or darker in shade as that designated as No. 1 on
the Ringlemann Chart, as published by the United States
Bureau of Mines, or
b. Of such opacity as to obscure an observer's view to a degree
equal to or greater than does smoke described in subdivision
(a).
(51.13) Rule 2:9. Additional No Burn Days: The Air Pollution Control Officer
mey dec!are"No-Burn days in addition to those so declared by the State
Air Resources Board.
(Added 5/8/72)
(3-°) Rule 2:in. Action on Applications Interim Variance:
The Control Officer shall act, within a reasonable time, on an
application for authority to constructs, permit to operate or permit
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to sell or rent, and shall notify the applicant in writing of his
approval, conditional approval or denial. Where an application for
a permit is pending before the Control Officer, and where the
Control Officer has not, in his opinion, sufficient data to act
upon such application, then the Control Officer shall apply to the
Hearing Board for a variance for sufficient time to make a
determination on such application. Any variance granted pursuant
to such application shall be conditioned upon full compliance by
the applicant with Rules 2:7 and 2:11.
(2.0) .Rule 2:11. Fees;
a. Every applicant, except any governmental agency for a permit
to operate or for the extension, revocation, mooification or
transfer thereof shall pay to the office of the Control Officer
a deposit and a non-refundable permit fee as follows: such fee
schedule shall be established pursuant to the provisions of
Section 24267.
PERMIT FEE SCHEDULES
1. Maximum designed fuel consumption measured in 1,000 BTU/hr.
150 or less $ 40.00
greater than 150, but less than 650 ; 80.00
650 or greater, but less than 1,500 120.00
1,500 or greater, but less than 5,000 160.00
5,000 or greater, but less than 10,000 200.00
10,000 or greater, but less than 20,000 250.00
20,000 or greater, but less than 50,000 300.00
50,000 or greater 350.00
2. Incinerators in square footage combustion chamber at maximum
width where designed according to acceptable engineering
principles with respect to loading.
10 or less $ 40.00
greater than 10, but less than 50 80.00
50 or greater, but less than 500 150.00
500 or greater, but less than 2,000 250.00
2,000 or greater 350.00
3. Electrical energy usage measured in kilovolt amperes (KVA)
(one KVA equals approximately one horsepower).
20 or less $ 20.00
greater than 20, but less than 50 40.00
50 or greater, but less than 200 80.00
200 or greater, but less than 1,000 140.00
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1,000 or greater, but less than 10,000 $220.00
10,000 or greater, but less than 50,000 300.00
50,000 or greater 350.00
4. Stationary tanks and containers, measured by volume in cubic
feet.
150 or less $ 10.00
greater than 150, but less than 700 < 20.00
700 or greater, but less than 1,500 40.00
1,500 or greater, but less than 7,000 • 60.00
7,000 or greater, but less than 15,000 80.00
15,000 or greater, but less than 70,000 100.00
70,000 or greater, but less than 150,00 150.00
150,000 or greater 200.00
5. Emissions measured as standard dry cubic ft/minute of exhaust
or discharge into the atmosphere.
2,000 or less $ 20.00
greater than 2,000, but less than 5,000 40.00
5,000 or greater, but less than 10,000 60.00
10,000 or greater, but less than 20,000 100.00
.20,000 or greater, but less than 50,000 140.00
50,000 or greater, but less than 100,000 200.00
100,000 or greater 300.00
6. Initial filing fee.
(a) The deposit required upon the filing of an application
shall be an amount equal to the lowest fee in the applicable
permit fee schedule.
(b) The applicable permit fee schedule notwithstanding,
the deposit shall be $20.00 and such amount shall be the
total fee for devices operating less than one hundred (100)
hours per year.
7. Multi-component systems will be measured by the totals of all
components.
8. General rules applicable to this fee schedule:
(a) 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.
(b) Any article, machine, device, or other contrivance which
is not included in the five preceding schedules shall be
assessed a permit to operate fee of $40.00.
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(c) If the Control Officer ascertains that tests will be
required which he does not routinely perform, then he is
. authorized to charge additional fees not to exceed his
estimated cost of making such tests provided that the
applicant shall be advised of such additional permit fee
prior to the making of such tests and given the option to
have such tests made by an independent laboratory approved
by the Control Officer at the applicant's cost.
(d) If the multi-component system includes articles or devices
covered by more than one schedule, the total fee shall be
an amount equal to the sum of the two highest fee schedules.
Fees under each schedule shall be computed as if the
aggregate of the devices were a single device.
(e) If a replacement, addition, or modification for which an
additional permit is required is made to a system for
which a permit to operate has been issued, a fee not
exceeding the permit fee for the Individual device replaced,
added to the system or modified shall be charged to
reimburse the District for actual costs incurred in
processing the application.
THIS FEE SCHEDULE APPLIES ONLY TO DEVICES REQUIRING A PERMIT UNDER
RULES 2:2, 2:3 AND 2:4.
(b) A fee shall be paid for services rendered by the Air
Pollution Control District for photocopies and transcription
of tapes from Hearing Board proceedings as established by
the schedule set by the Air Pollution Control Board.
(Amended 10/1/73)
(3.0) Rule 2:12. Standards for Granting Applications: In acting upon a
Permit to Operate, if the Control Officer finds that the article,
machine, equipment or ether contrivance has been constructed not in
accordance with the Authority to Construct, he shall deny the Permit
to Operate. The Control Officer shall not accept any further
application for permit to operate the article, machine, equipment or
other contrivance so constructed until he finds that the article,
machine, equipment or other contrivance has been reconstructed in
accordance with the Authority to Construct.
(2.0) Rule 2:13. Conditional Approval: As a continuing
permit, tne permittee snail be required to provide any or all
information required by the Control Officer pursuant to Section
24269. Upon a willful! failure to provide such information to
the Control Officer within a reasonable time, the Control Officer
may suspend the permit sursuant to the provisions of Section 24270.
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Any such permit may be conditioned in any manner which the Control
Officer may reasonably require, including, but not limited to,
continued functioning in a specified manner and under specified
conditions. No permit shall be issued which purports to permit a
condition violative of any provision of Rule 3. The existence of
any permit shal" not be c. defense to any allegation of a
violation of Rule 3.
a. The Control Officer may issue an authority to construct or a
permit to operate> subject to conditions which will bring the
operation of any article, machine, equipment or other contrivance
within the standards of Rule 3, in which case the conditions
shall be specified in writing. Commencing work under such an
authority to construct or operation under such z permit to
operate shall be deemed acceptance of all the conditions so
specified. The Control Officer shall issue an authority to
construct or a permit to operate with revised conditions upon
receipt of a new application, 1f the applicant provided
reasonable assurance that the article, machine, equipment or
other contrivance can operate within the standards of Rule 3
under the revised conditions.
b. The Control Officer may issue a permit to sell or rent, subject
to conditions which will bring the operation of any article,
machines, equipment or other contrivance within the standards
of Rule 3 in which case the conditions shall be specified in
writing. Selling or renting under such a permit to sell or rent
shall be deemed acceptance of all the conditions so specified.
The Control Officer shall issue a permit to sell or rent with
revised conditions upon receipt of a new application if the
applicant demonstrates that the article, machine, equipment
cr other contrivance can operate within the standards of Rule 3
under the revised conditions.
(9.0) Rule 2:14. Testing Facilities; Before an authority to construct
or a permit to operate is granted, the Control Officer may require
the applicant to provide and maintain such facilities as are necessary
for sampling and testing purposes 1n order to secure information that
will disclose the nature, extents quantity or degree of air contaminants
discharged into the atmosphere from the article, machine, equipment
or other contrivance described in the authority to construct or permit
to operate. In the event of such a requirement, the Control Officer
shall notify the applicant in writing of the required size, number
and location of sampling holes; the size and location of the sampling
platform; the access to the sampling platform; and the utilities for
operating the sampling and testing equipment. The platform and access
shall be constructed in accordance with the General Industry Safety
Orders of the State of California. A person operating or using any
article, machine, equipment or other contrivance for which these rules
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require a permit shall provide and maintain such sampling and
testing facilities as specified in the authority to construct or permit
to operate. Any permittee or applicant for a variance may request
the Control Officer to obtain test or emission data at the expense
of the requesting party. The cost of such service shall be the
actual cost to the District (including general overhead) of
performing such services.
(3.0) Rule 2:15. Appl ications Deemed Denied: The applicant may at his
option deem the authority to construct, permit to operate or permit
to sell or rent denied if the 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 Control Officer, whichever is later.
(2.0) Rule 2:16. Aep_eajs: Within 10 days after notice, by the Control
Officer, of denial "or conditional approval of an authority to
construct? or approval to transfer, or a permit to operate or permit
to sell or rent, the applicant may petition the Hearing Board,
in writing, for a public hearing. The Hearing Board, after notice
and a public hearing held within 30 days after filing the petition,
may sustain or reverse the action of the Control Officer; such
order may be made subject to specified conditions.
(3.0) Rule 2:17. Status of Permit: The person responsible for obtaining
such permit shall maintain the same in a current status by notifying
the Control Officer in writing of any significant change in any item
of information furnished in connection with obtaining such permit.
(2.0) Rule 2:18. Transfer: An authority to construct, permit, to operate,
sell or rent 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, except on the
written approval of the Control Officer.
(3.0) Rule 2:19. Change in Multi-Component System: Persons holding such
permits may, at their discretion, and at any time, reapply for
separate permits for one or more of the articles originally included
in a muHi-component system. Such application shall be deemed an
application for a new permit.
(3.0) Rule 2:20. Posting of Permit to Operate: A person who hes been
Granted a permit to operate as described in Rule 2:3 shall firmly
affix such permit to operate, an approved facsimile, or other
approved identification bearing the permit number upon the article,
machine, equipment or other contrivance in such a manner as to be
clearly visible and accessible. In the event that the article,
machine, equipment or other contrivance is so constructed
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or operated that the permit to operate cannot be so placed, the
permit to operate shall be mounted so as to be clearly visible in an
accessible place within 25 feet of the article, machine, equipment,
or other contrivance, or maintained readily available at all times on
the operating premises.
(3.0) Rule 2:21. Defacing Permit; No person shall willfilly deface, alter,
forge, counterfeit, or falsify a permit to operate any article,
machine, equipment, or other contrivance.
(14.0) Rule 2:25. Public Records - Trade Secrets:
a. 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.
b. All air or other pollution monitoring data, including data compiled
from stationary sources, are public records.
c. Except as otherwise provided in subdivision d, trade secrets are
not public records under this section. "Trade secrets", as used
in this section, may include, but are not limited to, any
formula, plan, pattern, process, tool, mechanism, compound,
procedure, production data, or compilation of Information, which
is not patented, which is known only to certain individuals within
a commercial concern who are using it to fabricate, produce, or
compound an article of trade or a service having commercial
.value and which gives its user an opportunity to obtain a
business advantage over competitors who do not know or use it.
d. Notwithstanding any other provision of law, all air pollution
emission data, including those emission data which constitute
trade secrets as defined in subdivision c, are public records.
Data used to calculate emission data are not emission data for
the purposes of this subdivision of data which constitute
trade secrets and which are used to calculate emission data
are not public records.
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RULE III - PROHIBITIONS AND ENFORCEMENT
(2.0) Rule 3.1 Applicability of State Laws:
Each and every provision of Federal or State Law or applicable
Air Basin Plan now or herinafter enacted or as amended which
regulates the discharge of any air contaminants is incorporated
herein by reference and where in conflict with local rules and
regulations, the more restrictive provisions shall apply.
(50.0) Rule 3:2. Specific Air Contaminants: No person shall discharge
contaminants from any single source into the atmosphere in amounts
greater than those designated for the appropriate condition in
Table II of this rule. The categories of permitted discharges as
utilized in Table II are designated A, B, C and D and established
in Table I as follows:
EXHIBIT "A"
TABLE I
Elevation of
Discharge Point
Existi na Sources
below 1,000 feet
Existing Sources
above 1 ,000 feet
including the
portion of
the district
within the
Northeast
Plateau Air
Basin
New Industry
as of June 1,
1972
8-1-1971
to
1-1-1973
C
D
"A*
1-1-1973
to
1-1-1974
B
C
A*
1-1-1974
to
1-1-1975
B
C
A*
1-1-1975
to
1-1-1977
A
C
A*
1-1-1977
and
after
A
B
A*
* UNLESS GOVERNED BY E.P.A. NEW SOURCE STANDARDS
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Contaminant
I. Unclassified participate
matter in grains per
standard cubic foot
(1) (4)
[I. Participate natter
of participate size less
than 10 microns in grains
per standard cubic foot
(1)
III. Combustion contamin-
ants In grains per stan-
dard cubic foot
(2)
V. Ousts
(a) Maximum Ib/hr
(b) Ib/hr (E) as a
function of process
weight (Pt) ex-
pressed in tons
(3) (4)
V.
Sulfur dioxide in parts
per million
(5)
VI.
Total reduced sulfur
expressed as H?S from
recovery boilers in
p. p.m. by volume
(6)
VII.
Total reduced sulfur from
other sources in Ib/ton
of kraft pulp production
(7)
M^ylfniim Pmlccinn Prf
A
0.10
0.05
0.15
40
E-4.10Pt°-67
1000
17.5
1
B
0.20
0.10
0.20
55
E"4.10Pt°-67
1000
70
2
m Any Source
C D
0.30
0.15
0.30
70
E«5.00Pt°'67
1500
100
3
0.40
0.20
0.40
85
E«6.00Pt°'67
2000
150
4
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Explanatory Notes for Table II:
(1) Standard air or gas volume at 70°F., one atm., dry
basis.
(2) Flue gas volume calculated at 70°F., one atm., dry
basis, 12% CO? equivalent. Carbon dioxide produced
by auxiliary fuel, used in refuse incinerators, is
to be excluded from, the calculation.
(3) Process weights above 30 tons per hour shall conform
to the formula E = 55Pt o.ll -40.
(4) Emissions are to be measured by the methods described
in the Shasta County Air Pollution Control Officer's
"Source Testing Manual".
(5) Standard air or gas volume at 70°F., one atm., dry
basis. When sulfur dioxide is the byproduct of
combustion of a carbonaceous fuel, the gas volume
shall be calculated to 12% C02.
(6) Total reduced sulfur compounds, in gas phase leaving
kraft recovery boiler, expressed as hydrogen sulfide.
Standard conditions for determination of gas volume -
70°F., one atm., dry basis.
(7) Total reduced sulfur compounds, in gas phase at any
point of emission other than kraft recovery boiler.
Expressed as pounds of sulfur per air dried ton of
kraft wood pulp production.
New or modified emission sources, after July 1, 1972, which do not
result in net emission reduction, shall be required to comply with
rows I, II and IV of Table II.
(51.16) Rule 3:3. Hydrocarbons - Loading Facilities: Subsequent to August 1,
1971, a person shall not load gasoline into any tank truck or trailer
from any loading facility unless such loading facility is equipped
with a vapor collection and disposal system or its equivalent, properly
installed, in good working order and in operation.
When loading is effected through the hatches of a tank truck or trailer
with a loading arm equipped with a vapor collecting adaptor, a pneumatic,
hydraulic or other mechanical means shall be provided to force a vapor-
tight seal between the adaptor and the hatch. A means shall be provided
to prevent liquid gasoline drainage from the loading device when it
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is removed from the hatch of any tank truck or trailer, or to
accomplish complete drainage before such removal.
When loading is effected through means other than hatches, all
loading and vapor lines shall be equipped with fittings which make
vapor-tight connections and which close automatically when disconnected.
The vapor disposal portion of the system shall consist of one of the
following:
a. A vapor-liquid absorber system with a minimum recovery
efficiency of 90 percent by weight of all hydro-carbon
vapors and gases entering such disposal system.
b. A variable vapor space tank, compressor, ajnd fuel gas .
system of sufficient capacity to received all hydrocarbon
vapors and gases displaced'from the tank trucks and
trailers being loaded.
\
c, Other equipment of at least 90 percent efficiency, provided
such equipment is submitted to and approved by the Control
Officer.
This rule shall not apply to the loading of gasoline into tank trucks
and trailers from any loading facility from which not more than 10,000
gallons of gasoline are loaded in any one day,
(51.16) Rule 3:4. Industrial Use of Organic Solvents:
a. A person shall not discharge more than 15 pounds of organic solvents
into the atmosphere in any one week from any article, machine,
equipment or other contrivance in which any organic solvent or
any material containing organic solvent comes into contact with
flame or is baked, heat cured or heat-polymerized, in the
presence of oxygen at temperatures above 400°F.» unless all
organic solvents discharged from such article, machine, equipment
or other contrivance have been reduced either by at least 85
percent over-all or to not more than 15 pounds in any one week.
b. A person shall not discharge more than 40 pounds of photochemically
reactive solvents into the atmosphere in any one week from any
article, machine, equipment or other contrivance used under
conditions other than described in section a, for employing,
applying, evaporating, or drying any photochemically reactive
solvent, as defined in Rule 1:2, or material containing such
solvent, unless al'l photochemically reactive solvents discharged
from such article, machine, equipment or other contrivance have
been reduced either by at least 85 percent over-all or not to
more than 40 pounds in any one week. .
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The provisions of this rule shall not apply to:
1. The spraying or other employment of insecticides,
pesticides or herbicides.
2. The employment, application, evaporation, or drying of
saturated halogenated hydrocarbons or perch!oroethylene.
Whenever any organic solvent of 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
groups, that is, the groups having the least allowable per-
cent of the total of solvents.
c. No person shall discharge from any device, contrivance or
machine more than forty (40) pounds per day of any photochemically
reactive substance other than those described in a and b above
unless such discharge is controlled to reduce emissions by 85%.
(Amended 10/1/73)
(51.1) Rule 3:5. Agricultural Uses: Discharges created in the course of
applying agricultural materials in strict compliance with a permit
issued by the County Agricultural Commissioner are not violations of
these regulations.
(2.0) Rule 3:6. Circumvention: No person shall 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.
(2.0) Rule 3:7. Enforcement; These rules and regulations shall be enforced
by the Control Officer pursuant to all applicable law. The pursuit
of any one such remedy shall not be deemed an election of remedies.
All available remedies may be pursued individually, collectively,
concurrently, or consecutively, at the option of the Control Officer.
(2.0) Rule 3:8. Orders for Abatement: The Clerk of the Hearing Board shall,
on the petition of the Control Officer, or may, upon receipt of a
verified petition from any other interested person, which adequately
establishes sufficient facts to support a violation, notice a hearing
to determine the existence of any alleged violation of any statute,
rule, or regulation prohibiting or limiting the discharge of air
contaminants into the atmosphere. Each notice shall include the
nature of the alleged violation, the time and place of the hearing
and shall inform the alleged violator that he has the right to
counsel at the proceeding, the right to compel the attendance of
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of witnesses on his behalf, the right to cross-examine witnesses,
and the right to procure a court reporter to record and/or
transcribe the proceedings, all at his own expense. All such
petitions shall be set for hearing or dismissed within 30 days of
receipt of same. Hearings shall be set no sooner than ten days and
no later than thirty-five days from the date of service of such
notice. Whenever the Hearing Board finds that any person is in
violation of any such statute, rule or regulation, the Hearing Board
shall issue its order of abatement.
(2.0) Rule 3:9. Recommendation of Control Officer: No suggestion or
recommendation of the Control Officer shall be deemed a guaranty that
the recommended device or process will in fact result in compliance
with these rules.
(7.0) Rule 3:10. Breakdown or Upset Condition; Emissions exceeding any
of the limits established in these Rules as a direct result of upset
conditions in, or breakdown of, any operating equipment or related
air pollution control equipment, or as a direct result of a shutdown
of such equipment for scheduled maintenance (which shall not exceed
12 per 12 month period), shall be excused provided all the following
requirements are met:
a. For scheduled maintenance, a report shall be submitted at
least twenty-four (24) hours prior to shutdown.
b. For upset conditions or breakdown, a report shall in any
case be made within four (4) hours of the occurence.
c. The person responsible for such emissions shall, with all
practicable speed, initiate and complete appropriate
reasonable action to correct the conditions causing such
emissions to exceed the limits ot these Rules and to reduce
the frequency of the occurrence of such conditions; and shall,
upon the request of the Control Officer, submit in writing
a full report of each occurrence, including a statement
of all known causes and the nature of the actions to be
taken pursuant to the requirements of this section.
(2.0) Rule 3:11. Local Rules: Any City, Public Utility District or other
local agency having the authority so to do may by ordinance enact rules
more restrictive than the rules contained herein. It is not the
intention of the District to preempt the field.
(51.21) Rule 3:12. Reduction of Matter of Animal Origin (Except the curing
of glue): A person shall not operate or use any article, machine,
equipment or other contrivance for the reduction of matter of animal
origin, unless all gases, vapors and gas-entrained effluents which
contain odorous materials from such an article, machine, equipment
or other contrivance are:
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a. Incinerated at temperatures of not less than twelve
hundred degrees Fahrenheit (12000p.) 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 Authorization to Construct or Permit to
Operate, or as specified by the Air Pollution Control Officer, for
indicating temperature, pressure or other operating conditions.
For the purpose of this Rule, "reduction" is defined as any heated
process, including rendering, cooking, drying, dehydrating, digesting,
evaporating and protein concentrating.
The provisions of this Section shall not apply to any article, machine,
equipment or other contrivance used exclusively for the processing
of food for human consumption.
(Added 5/8/73)
RULE IV - PROCEDURE BEFORE THE HEARING BOARD
(3.0) Rule 4:1. Applicable Articles of the Health & Safety Code;
The provisions of Article 5 and Article 6, Chapter 2, Division 20 of
the State of California Health and Safety Code, as amended respectively
entitled "Variances and Procedure", are incorporated herein by this
reference.
(2.0) Rule 4:2. General: This procedure shall apply to all proceedings
before the Hearing" Board.
(2.0) Rule 4:3. Filing Petitions: Request for a hearing shall be initiated
by the filing of the original and five (5) copies of a petition with
the Clerk of the Hearing Board who shall be the Control Officer, and
the payment to said Clerk of the fee provided in Rule 4:4.
(Amended 7/12/71 and 10/1/73)
(16.0) Rule 4:4. Hearing Board Fees: Every applicant or petitioner for a
variance or for the extension, revocation of modification of a variance,
and every applicant under Rule 2:16 hereof, shall pay to the Clerk of
the Hearing Board, on filing a non-refundable fee as set forth in the
schedule of fees then in effect as adopted by the Board. Such fees
shall be determined pursuant to Section 24293. No fee shall be required
of a public agency or a,public officer acting in scope of his official
capacity.
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(2.0) Rule 4:5 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, copartnership, corporation,
or other entity; and names and addresses of partners if a
copartnership; 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. Whether the petitioner desires a hearing:
1. For a variance under Section 24292, Health and Safety Code, or
2. For an alleged violation, or
3. Other matter specified in Division 20, Chapter 2, Health and
Safety Code;
f. Each petition shall be signed by the petitioner, or some person
on his behalf; and where the person signing is not the petitioner,
it shall set forth his authority to sign;
g. All petitions shall be typewritten, double spaced, on letter size
paper, on one side of the paper only, leaving a margin of at least
one inch at the top and left side of each sheet.
(5.0) RULE 4.6 Petition for Variance: In addition to matters required by
Rule 4.5, a petition for variance shall be made on forms provided by
the Air Pollutuion Control Officer and shall state facts sufficient to
enable the Air Pollution Hearing Board to make findings required by the
Hearing Board to make findings required by Health and Safety Code
Section 24296.5 and to exercise its discretion pursuant to Health and
Safety Code Section 24297.
(2.0) Rule 4:7 Petition for Abatement Order: In addition to the matters
required by Rule 4:5, a Petition for an Abatement Order shall state
briefly:
a. Statement of the acts, uses, and/or conditions complained of;
b. A statement of the location, dates, and times of occurrence
thereof;
c. A statement of the rule(s) violated thereby;
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d. If the petition is filed by the Control Officer, a statement
that more than 30 days prior to filing the petition the Control
Officer served upon the alleged violator(s) a notice of alleged
violation and demand for correction, and that correction has
not been made. If a shorter notice period is stated, the
petition shall include the reasons therefor, which reasons shall
relate to the welfare of the people of the County.
(2.0) Rule 4:8. Contents of Notice of Appeal: (Repealed October 1, 1973
by Resolution 73-2)
(2.0) Rule 4:9. 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.
(2.0) Rule 4:10. Service of Notices, Etc.; Every person who is subject
to these rules and regulations may be served with notices, including
notices of hearing before the Hearing Board, by Certified Mail.
(2.0) Rule 4:11. Answers: Any interested person may file an answer within
10 days after service.
(2.0) Rule 4:12. Withdrawal of Petition; The petitioner may withdraw 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
withdrawal.
(16.0) Rule 4:13. Place of Hearing; All hearings shall be held at the time
and place designated by the Hearing Board.
(16.0) Rule 4:14. Notice of Hearing;
(a) The hearing board shall serve a notice of the time and place of
a hearing to grant a variance upon the air pollution control
officer, all other air pollution control districts within the
air pollution control districts within the air basin as defined
by the State Air Resources Board, the State Air Resources Board,
the Environmental Protection Agency, and upon the petitioner,
if any, not less than 30 days prior to such hearing.
(b) The hearing board shall also send notice of the hearing to at
least one daily newspaper of general circulation in the district,
and obtain publication in such newspaper, and to every person
who requests such notice. Such notice shall be sent and published
not less than 30 days prior to the hearing. The notice shall
contain the time and place of the hearing and such other
information as may be necessary to reasonably apprise the people
within the district of the nature and purpose of the meeting.
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(c) At least 30 days prior to the hearing, the hearing board shall
make the petition for variance, including all proposed conditions
of increments of progress, if any, available to the public for
inspection. The hearing board may require that the petitioner
submit proposed conditions or increments of progress as part of
the petition. If the petitioner fails to do so, the hearing
board may itself propose conditions or increments of progress,
or dismiss the petition. The hearing notice shall state that the
petition, including proposed conditions or increments of progress,
is available for public inspection, and set forth the place and
times therefor.
(d) In the case of a variance or series of variances totaling not
more than 90 days, the notice requirements of subdivisions (b)
and (c) shall not apply. For such a variance or variances,
notices shall be served as required in subdivision (a), and upon
any person who requests notice of such variances, not less than
10 days before the hearing.
(2.0) Rule 4:15. Rules of Evidence and Procedure;
a. Oral evidence may be taken on oath or affirmation.
b. Each party shall have the right: To call and examine witnesses;
to introduce exhibits; to cross-examine opposing witnesses on
any matter relevant to the issues; and to rebut the evidence
against him.
c. The formal rules of evidence or procedure which must be followed
in a court proceeding shall .hot be applicable. Any relevant
evidence shall be admitted if it is the sort of evidence on which
responsible persons are accustomed to rely in the conduct of
serious affairs. Hearsay evidence may be used for the purpose
of supplementing or explaining any direct evidence, but shall
not be sufficient 1n 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.
(2.0) Rule 4:16. Preliminary Matters; Preliminary matters such as setting
a date for hearing, granting continuances, 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 Hearino Board and without notice.
(2.0) Rule 4:17. 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 4:18. Continuances: The Chairman or any two members of the
Board shall grant any continuance of 15 days or less, concurred in by
all parties, and may grant any reasonable continuance for good cause
shown, in either case such action may be ex parte, without a
meeting of the Hearing Board and without prior notice.
(16.0) Rule 4:19. Hearing and Decision; All hearings shall be held by
three or more members of the Hearing Board. The decision shall be
in writing, served and filed within 15 days after submission of the
cause by the parties thereto and shall contain findings set forth in
Section 24296.5 of the Health and Safety Code as required; 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 to the Control Officer and the petitioner.
(Amended 10/1/73)
(2.0) Rule 4:20. Effective Date of Decision; The decision granting or
extending a variance shall become effective Immediately after notice
as provided in Rule 4:19; any other order shall become effective 30
days after said notice unless otherwise ordered by the Hearing Board.
(Amended 10/1/73)
(2.0) Rule 4:21. issuance of Subpoenas; Subpoenas Puces Tecum: Whenever the
members of the Hearing Board conducting any hearing deem it necessary to
examine any person as a witness at such hearing, the Chairman of the
Hearing Board shall cause issuance of a subpoena, in proper form, command-
ing such person to appear before it at a time and place specified to be
examined as a witness. The subpoena may require such person to produce all
books, papers, and documents 1n his possession or under his control material
to such hearing.
(2.0) Rule 4:22. Confidential Information; Upon the written request of the
person making disclosure, and to the extent permitted by Government
Code Section 6254.7, information disclosed to the District which
constitutes a trade secret shall be confidential. Nothing contained
in this rule shall limit the Control Officer's use of such information
1n any proceedings before the Hearing Board, the Control Board, or any
court of competent jurisdiction.
(2.0) Rule 4:23. Additional Rules: The Hearing Board shall have the right
to make such additional rules, regulating its hearings and procedures
not inconsistent with these rules, as it may deem proper.
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