U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-296 694
Air Pollution Regulations in
State Implementation Plans
California, Sierra County
Abcor, Inc, Wilmington, MA Walden Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NC
Programs Development Oiv
Aug 78
Control
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United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
EPA-460/3-78-054^37
August 1978
Air
Pollution Regulations
in State Implementation
Plans:
California
« <"|L .. i. . . 'i,
Sierra County
NATIONAL TECHNICAL
! INFORMATION SERVICE
I 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. T5!
EPA-450/3-78-054-37^ [__
4. TITLE AND SU8TITL?
Air Pollution Regulations in State Implementation i
Plans: California Sierra County
7. AUTHORISt
3. RECIPIENT'S ACCESSION-NO.
JLQb
*
5. REPORT DATE
August 1978
6. PERFORMING ORGANIZATION CODE
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.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
b.lDENTIFIERS/OPEN ENDED TERMS c. COSATI Field/Group
Air pollution
Federal Regulations
Pollution
State Implementation Plans
8. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
19. SECURITY CLASS (This Report)
Unclassified
20. SECURITY CLASS (Thispage)
Unclassif i ed
22. PRICE 0£_
A623
EPA Form 2220-1 (9-73)
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EPA-450/3-78-054-37
Pollution Regulations
in State Implementation Plans
« _
California
Sierra County
by
Watden 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-450/3-78-054-37
n
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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.
i
There have been recent changes in the Federal enforceabi1ity of
parking management regulations and indirect source regulations. The
October, 1977, appropriation bill for EPA prohibited Federal enforcement
of parking management regulations in the absence of specific Federal
authorizing legislation. Federally promulgated parking management
regulations have, therefore, been suspended indefinitely. Pursuant to
the 1977 Clean Air Act Amendments, indirect source regulations may not
be required for the approval of a given SIP. Consequently, any State
adopted indirect source regulations ipay 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 '
ERA-APPROVED REGULATION CHANGES
SIERRA COUNTY (APCD)
Submittal Date Approval Date Description
1/10/75 8/22/77 Rules 101, 102, 201-216,
301-323, 405-409, 601-620
17-26 originally approved,
still in effect.
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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,
R1ce and Soybean Facilities, Related Topics)
51.2 COAL OPERATIONS (Includes Cleaning, Preparation, Coal Refuse
Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
51.3 CONSTRUCTION (Includes Cement Plants, Materials Handling, Topics
Related to Construction Industry)
51.4 FERROUS FOUNDRIES (Includes Blast Furnaces. Related Topics)
51.5 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Participates
(Includes Fuel Content and Other Related Topics)
51.6 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (Includes
Fuel Content and Other Related Topics)
51.7 FUEL BURNING EQUIPMENT (oil, natural gas, coal) - N02 (Includes
Fuel Content and Other Related Topics)
51.8 HOT MIX ASPHALT PLANTS
51.9 INCINERATION
51.10 NITRIC ACID PLANTS
51.11 NON-FERROUS SMELTERS (Zn, Cu, etc.) - Sulfur Dioxide
51.12 NUCLEAR ENERGY FACILITIES (Includes Related Topic)
51.13 OPEN BURNING (Includes Forest Management. Forest 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
vii
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TABLE OF CONTENTS
Revised Standard
Subject Index
(2.0)
'(1.0)
(2.0)
(50.1.2)
(2.0)
(50.1.2)
(50.7)
(51.9)
(50.1)
(51.1)
(51.5) (51.6) (51.7)
(50.2)
(50.1.1)
(50.1.1)
(51.16)
(51.21)
(15.0)
(2.0)
(51.13)
(2.0)
(3.0) (51.13)
SIERRA
Rule
Number
101
102
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
301
302
303
COUNTY REGULATIONS
Title
Title
Definitions
District-Wide Coverage
Visible Emissions
Exceptions
Wet Plumes
Nuisance
Incinerator Burning
Parti cul ate Matter
Orchard Or Citrus Heaters
Fossil Fuel Steam Generator
Facility
Sulfur Emissions
Process Weight Per Hour
Process Weight Table
Storage Of Petroleum Products
Reduction Of Animal Matter
Enforcement
Existing Sources
Open Outdoor Fires
Exceptions To Rule 301
Burning Permits
Page
1
1
6
6
6
7
7
7
7
8
8
8
8
9
9
10
10
10
12
12
13
vi i i
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Revised Standard
Subject Index
(2.0)
(3.0)
(51.13)
(2.0)
(13.0) (51.13)
(51.13)
(51.13)
(51.13)
(51.13)
(51.13)
(2.0)
(51.13)
(51.13)
(51.13)
(51.13)
(51.13)
(51.13)
(51.13)
(15.0)
(15.0)
(2.0)
(2.0)
Rule
Number
304
305
306
307
308
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
405
406
Title Page
Exceptions To Rule 303 13
Permit Validity 14
No-Burn Days 14
Exceptions To Rule 306 14
Burning Reports 15
Amount Burned Daily 15
Approved Ignition Devices 15
Restricted Burning Days 15
Wind Direction 15
Minimum Drying Times 15
Exceptions To Rule 313 16
Preparation Of Material
To Be Burned 16
Burning Of Agricultural Waste 16
Range Improvement Burning 16
Forest Management Burning 16
Open Burning Of Wood Waste
On Property Where Grown 17
RIght-Of-Way Clearing And
Levee, Ditch And Reservoir
Maintenance Burning 17
Hazard Reduction Burning 17
Enforcement Responsibility 18
Penalty 18
Separation Of Emission 19
Combination Of Emissions 19
ix
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Revised Standard
Subject Index
(2.0)
(13.0)
(14.0)
(2.0)
(2.0)
(2.0)
(2.0)
(5.0)
(2.0)
(2.0)
(2.0)
(2.0)
(16.0)
(16.0)
(2.0)
(2.0)
(2.0)
(2.0)
(2.0)
(2.0)
(3.0)
(2.0)
(2.0)
Rule
Number
407
408
409
601
602
603
604
605
606
607
608
609
610
611
612
613
614
615
616
617
618
619
620
Title Page
Circumvention 19
Source Recordkeeping And
Reporting 19
Public Records 20
Applicable Articles Of The
Health And Safety Code 21
General 21
Filing Petitions 21
Contents Of Petitions 21
Petitions For Variances 23
Appeal From Denial 23
Failure To Comply With Rules 23
Answers 23
Dismissal Of Petition 23
Place Of Hearing 23
Notice Of Hearing 23
Evidence 24
Preliminary Matters 25
Official Notice 25
Continuances 25
Decision 25
Effective Date Of Decision 25
Lack Of Permit 25
Order Of Abatement 26
Severability 26
. x .
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Revised Standard Rule
Subject Index Number
(3.0) 17
(3.0) 18
(3.0) 19
(3.0) 20
(3.0) 21
(3.0) 22
(3.0) 23
(3.0) 24
(3.0) 25
(3.0) 26
Title Page
Construction Permit Required 27
Permit To Operate 27
Registration Required 27
Exemptions From Permit And
Registration 27
Standards For Granting
Applications And Permits 28
Conditional Approval 29
Denial Of Applications 30
Further Information 30
Applications Deemed Denied 30
Appeals 30
xi -
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SIERRA COUNTY AIR POLLUTION CONTROL DISTRICT RULES AND REGULATIONS
(2.0) Rule 101 Title:
These' rules and regulations shall be known as the Rules and regulations
of the Sierra 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, words used in these Rules are
used in exactly the same sense as the same words are used in the Health &
Safety Code of the State of California.
A. Air Pollution Control Officer. The Air Pollution Control Officer of
the Air Pollution Control District of Sierra County.
B. Agricultural Burning. Any open outdoor fire used in agricultural op-
erations in the growing of crops or raising of fowls or animals, or
in forest management or range-improvement; or used in the improvement
of land for wildlife and game habitat.
C. Agricultural Operation. The growing and harvesting of crops, or
raising of fowls or animals for the primary purpose of making a pro-
fit, or providing a livelihood, or the conduction of agricultural re-
search or instruction by an education institution.
D. Agricultural Wastes. Are (a) unwanted or unsellable materials pro-
duced wholly from agricultural operations and, (b) materials not pro-
duced from agricultural operations, but which are intimately related
to the growing or harvesting of crops and which are used in the field,
such as fertilizer and pesticide sacks or containers where the sacks
or containers are emptied in the field. This does not include, however,
such items as shop wastes, demolition materials, garbage, oil filters,
tires, pallets, and the like.
E. Air Contaminant or Pollutant. Includes smoke, dust, charred paper,
soot, grime, carbon, noxious acids, fumes, gases, odors, or particulate
matter, or any combination thereof.
F. Alteration. Any adddition to, enlargement of, replacement of or any
major modification or change of the design, capacity, process, or
arrangement, or any increase in the connected loading of equipment
or control apparatus, which will significantly increase or affect the
kind or amount of air contaminants emitted.
G. Approved Ignition Devices. Means those instruments or materials that
will ignite open fires without the production of black smoke by the
ignition device. This would include such items as liquid petroleum
(L.P.G.), butane, propane, or dlesel oil burners; or flares; or other
similar material as approved by the Air Pollution Control Officer.
This does not Include tires, tar, tar paper, oil and other similar
materials.
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H. A.R.B. The State Air Resources Board, or any person authorized to
act on its behalf.
I. Atmosphere. The air that envelopes or surrounds the earth. Where
air pollutants are emitted into a building not designed specifically
as a piece of air pollution control equipment, such emissions into
the building shall be considered to be an emission into the atmosphere.
J. Board. The Sierra County Air Pollution Control Board.
K- Brush Treated. Vegetation that has been felled, crushed or up-rooted.
with mechanical equipment, or has been desiccated with herbicides.
L. Combustible or Flammable Wastes. Means any garbage, rubbish, trash,
rags, paper, boxes, crates, excelsior, ashes, offal, carcass of a
dead animal, petroleum product waste or any combustible or
flammable refuse material.
M. Combustion Contaminant. Any particulate matter discharged into the
atmosphere from the burning of any material which contains carbon in
either the free or the combined state.
N. Condensed Fumes. Particulate matter generated by the condensation of
vapors evolved after volatilization from the molten or liquid state, or
generated by sublimation, distillation, calcination or chemical reaction,
when these processes create airborne particles.
0. Designated Agency. Any agency designated by the ARB and the Sierra
County Air Pollution Control District as having authority to issue
Agricultural Burn Permits.
p- District. The Air Pollution Control District of Sierra County..
Q. Dust. Minute solid particles released into the air by natural forces
or by mechanical processes such as crushing, grinding, milling, drilling,
demolishing, shoveling, conveying, covering, bagging, sweeping, or
other similar processes.
R. Emission. The act of releasing or discharging air contaminants into
the ambient air from any source.
S. Emission Data. The measured or calculated concentrations or weights
of air contaminants emitted into the ambient air. Data used to calculate
emission data are not emission data.
T. Emission Point. The place, located in a horizontal plane and vertical
elevation, at which an emission enters the atmosphere.
U. Flue. Any duct or passage for air, gases or the like, such as a stack
or chimney.
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V. Forest Management Burning. The use of open fires, as part of a forest
management practice, to remove forest debris. Forest Management prac-
tices include timber operations, silvicultural practices or forest
protection practices.
W. Fossil Fuel-fired Steam Generator. A furnace or boiler used in the
process of burning fossil fuel for the primary purpose of producing
steam by heat transfer. "Fossil Fuel" means natural gas, petroleum,
coal and any form of solid, liquid, or gaseous fuel derived from such
naturally occurring hydrocarbons.
X. Hearing Board. The appellate review board of the Sierra County Air
Pollution Control District as provided for in the Health and Safety
Code of the State of California.
Y. Incineration. An operation in which combustion is carried on for the
principal purpose or with the principal result of oxidizing a waste
material to reduce its bulk or facilitate its disposal.
Z. Incinerator. Any furnace or other closed fire chamber used to .dis-
pose of combustible waste by burning and from which the products of
combustion are directed through a flue or chimney.
AA. Installation. The placement, assemblage or construction of equipment
or control apparatus at the premises where the equipment or control
apparatus will be used, including all preparatory work at such premises.
BB. Institutional Facility. Any hospital, boarding home, school or like
facility.
CC. Multiple Chamber Incinerator. Any article, machine, equipment, contri-
vance, structure or part of a structure, used to dispose of combustible
refuse by burning, consisting of three or more refractory lined combus-
tion furnaces in series, physically separated by refractory walls, inter-
connected by gas passage ports or ducts employing adequate design para-
meters necessary for maximum combustion of material to be burned.
OD. No-Purn Day. Any day on which agricultural burning is prohibited by
the ARB.
EE. Open Outdoor Fire. The combustion of any combustible material of any
type, outdoors in the open air, where the product of combustion is not
directed through a flue.
FF. Operation. Any physical action resulting in a change in the location,
form or physical properties of a material, or any chemical action re-
sulting in a change in the chemical composition or the chemical properties
of a material.
GG. Orchard or Citrus Heaters. Any article, machine, equipment, or other
contrivance, burning any type of fuel or material capable of emitting
air contaminants, used or capable of being used for the purpose of
giving protection from frost damage.
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HH. Owner or Operator. Any person who owns, leases, operates, controls,
or supervises an affected facility, or a stationary source of which an
, affected facility is a part.
II. Particulate Matter. Any material except uncombined water which exists
in a finely divided form as a liquid or solid at standard conditions.
JJ. Permissive Burn Day. Any day on which agricultural burning is not
prohibited by the ARB.
KK. Person. Any person, form, association, organization, partnership,
business trust, corporation, company, contractor, supplier, installer,
operator, user or owner, any government agency or public district or
any officer or employee thereof.
LL. PPm. Parts per million by volume expressed on a dried gas basis.
MM. Process Weight Per Hour. The total weight, including contained
moisture, or all materials introduced Into any specific process, which
process may cause any discharge into the atmosphere. Solid fuels
charged will be considered as part of the process weight, but liquid
and gaseous fuels and combustion air will not. (The Process Weight
Per Hour will be derived by dividing the total Process Weight by the
number of hours 1n one complete operation from the beginning of any
given process to the completion thereof, excluding any time during
which the equipment is idle.)
NN. Public Record. Means any record made available to the public by law
containing information relating to the conduct of the public's business
that is prepared, owned, used or retained by the District, except "trade
secrets" as defined in Rule 409 C, Regulation IV.
00. Range Improvement Burning. The use of open fires to remove vegetation
for a wildlife, game or livestock habitat or for the initial establish-
ment of an agricultural practice on previously uncultivated land.
PP. Record. A permanent document composed by handwriting, typewriting,
printing, photostating, photographing, or any other similar means of
communication or representation, that utilizes letters, words, graphics,
pictures, sounds, or symbols, or any combination thereof. Included are
all papers, maps, magnetic and paper tapes, photographic films and prints,
magnetic or punched cards, drums, and other documents.
QQ. Residential Rubbish. Rubbish originating from a single or two family
dwelling on its premises, limited to the following material: wood,
paper, cloth, cardboard, tree trimmings, leaves, lawn clippings, and dry
plants.
RR. Source Operation. The last operation preceding the emission of an air
contaminant, which operation (a) results in the separation of the air
contaminants from the process materials or in the conversion of the
process materials into air contaminants, as in the case of combustion
of fuel, and (b) is not an air pollution abatement operation.
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SS. Section. A section of the Health and Safety Code of the State of
California unless otherwise specifically mentioned.
TT. SiIvicultural Practices. The establishment, development, care and
reproduction of stands of timber.
UU. Solid Waste Dump. Any accumulation of solid waste for the purpose of
final disposal.
VV. Standard Conditions. As used in these regulations, "Standard Conditions"
are a gas temperature of 60 degrees Fahrenheit and a gas pressure of
14.7 pounds per square Inch absolute. Results of all analyses and tests
shall be calculated and reported at this gas temperature and pressure.
WW. Standard Cubic Foot of Gas. The amount of gas that would occupy a
volume of one (1) cubic foot, if free of water vapor, at standard
conditions.
XX. Tahoe Basin. That area, within the State of California, as defined
by the California Nevada Interstate Compact, Article 11, Paragraph C,
as contained in Section 5976 of the State Water Code.
YY. Timber Operations. Cutting or removal of timber or other forest
vegetation.
ZZ. Total Reduced Sulfur (TRS). Total reduced sulfur contained in hydrogen
sulfide, mercaptans, dimethyl sulfide, dimethyl disulfide or other
organic sulfide compounds, all expressed as hydrogen sulfide. Sulfur
dioxide, sulfur trioxide, or sulfuric acid are not to be included in
the determination of TRS.
AAA. Regulation. One of the major subdivisions of the Rules of the Sierra
County Air Pollution Control District.
BBB. Rule. A rule of the Sierra County Air Pollution Control District.
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(2.0) Rule 201 District-Wide Coverage.
Prohibitions, as set forth in this Regulation, shall apply in all portions
of the Sierra County Air Pollution Control District unless otherwise stated.
(50.1.2) Rule 202 Visible Emissions.
A person shall not discharge into the atmosphere from any single source
of emission whatsoever any air contaminant for a period or periods aggre-
gating more than three (3) minutes in any one (1) hour which is:
(1) 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, or
(2) of such opacity as to obscure an observer's view to a degree
equal to or greater than does smoke described in subsection
(1) of this section.
(2.0) Rule 203 Exceptions.
The provision of Rule 202 does not apply to:
(a) Smoke from fires set or permitted by any public fire officer, if
such fire is set by or permission given in the performance of the
official duty of such officer, and such fire in the opinion of such
officer is necessary:
(1) for the purpose of the prevention of a fire or health hazard
as determined by the Health Officer, which cannot be abated
by any other means; or
(2) the instruction of public employees and/or volunteer firemen
in the methods of fighting fires.
(b) Smoke from fires set pursuant to permit on property used for indus-
trial purposes for the purpose of instruction of employees in
methods of fighting fires.
(c) Open outdoor fires used for recreation purposes or for cooking of
food for human consumption.
(d) The use of an experimental device, system or method to study or re-
search open burning authorized by Chapter 10 of Division 26 of the
California Health and Safety Code and these Rules and Regulations.
(e) Agricultural Operations: in the growing of crops or raising of
fowl or animals.
(f) Use of any aircraft to distribute seed, fertilizer, insecticides,
or other agricultural aids over lands devoted to the growing of
crops, or the raising of fowl or animals.
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(g) The use of other equipment in agricultural operations in the growing
of crops, or the raising of fowl or animals.
(h) Orchard or citrus grove heaters that are on the approved list published
by the State Air Resources Board. (Section 39298.7)
(i) Smoke from fires set pursuant to Burn Permits issued by the Air Pol-
lution Control Officer for the purpose of open burning.
(j) Emission which result from equipment breakdown, subject to the con-
ditions of Rule 404.
(50.1.2) Rule 204 Wet Plumes.
Where the presence of uncombined water is the only reason for the fail-
ure of an emission to meet the limitation of Rule 202, that Rule shall
not apply. The burden of proof which establishes the application of this
rule shall be upon the person seeking to come within its provisions.
(50.7) Rule 205 Nuisance.
A person shall not discharge from any source whatsoever such quantities
of air contaminants or other material which cause injury, detriment,
nuisance or annoyance to any considerable number of persons or to the
public or which endanger the comfort, repose, health or safety of any
such persons or the public or which cause to have a natural tendency to
cause injury or damage to business or property.
Exception: The provisions of Rule 205 do not apply to odors emanating
from agricultural operations in the growing of crops or raising of fowl
or animals.
(51.9) Rule 206 Incinerator Burning.
Except for the burning of Residential Rubbish, as defined in Rule 102
QQ, a person shall not burn any combustible or flammable waste in any
incinerator within the boundaries of the Sierra County Air Pollution
Control District except in a multiple-chamber incinerator as defined
in Rule 102 CC or in equipment found by the Air Pollution Control Officer
to be equally effective for the purpose of air pollution control.
(50.1) Rule 207. Particulate Matter.
A person shall not release or discharge into the atmosphere from any
source or single processing unit whatsoever, dust, fumes, or particu-
late matter emissions in excess of 0.1 grains per cubic foot of gas at
standard conditions, except for incinerators and wood fired boilers
which shall meet 0.2 grains per cubic foot of gas at standard conditions.
Combustion contaminants shall be calculated at 12 percent of carbon
dioxide (C02) at standard conditions.
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(51.1) Rule 208 Orchard or Citrus Heaters.
(a) The following sections of the Health and Safety Code of the State
of California, and any future amendments thereto, are part of these
Rules and Regulations by reference: Section 39298.7 et.seq.,
Article 4, Chapter 10, Part 1, Division 26.
(b) 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 con-
dition, adjustment and proper operation of the orchard heaters.
(c) It shall be unlawful for any person, for the purpose of frost
protection, to burn any rubber, rubber tires or other substance
containing rubber, or to burn oil or other combustible substances
in drums, pails, or other containers except orchard heaters.
(51.5) Rule 209 Fossil Fuel Steam Generator Facility.
(51.6)
(51.7) A person shall not build, erect, install or expand any fossil fuel fired
steam generating facility unless the discharge into the atmosphere of
contaminants will not and does not exceed any one or more of the follow-
ing 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 M and derived from the fuel.
(50.2) Rule 210 Sulfur Emissions.
A person shall not discharge into the atmosphere from any single source
of emission whatsoever any one or more of the following contaminants,
in any sulfur combination thereof, exceeding in concentration at the
point of discharge:
(a) Sulfur compounds calculated as sulfur dioxide (S02), 0.2 percent,
by volume;
(b) Total reduced sulfur: (Pending further investigation into a rule
which will be applicable throughout the Mountain Counties Air Basin.)
(50.1.1) Rule 211 Process Weight Per Hour.
A person shall not discharge into the atmosphere from any source operaton
dust and fumes in excess of that allowed on the table in Rule 212.
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(50.1.1) Rule 212 Process Weight Table
ALLOWABLE RATE OF EMISSION BASED ON
PROCESS WEIGHT RATE
Process Weight Rate Emission Rate
Lbs./Hr. Lbs./Hr.
50 4
100 .. 6
500 1.5
1,000 2.3
5,000 6.3
10,000 9.7
20,000 15.0
60,000 29.6
80,000 31.2
120,000 33.3
160,000 ..34.9
200,000 36.2
400,000 40.4
1,000,000 46.8
Interpolation of the data for the process weight rates up to 60,000
lbs/hr. shall be determined by the use of equation:
E = 3.59 P0-62 P * 30 tons/hr.
and interpolation of the data for process weight rates in excess of
60,000 lbs/hr. shall be determined by use of the equation:
E = 17.31 P0.16 p> 30 tons/hr.
Where: E = Emission in pounds per hour
P = Process weight rate in tons per hour
(51.16) Rule 213 Storage of Petroleum Products.
(a) The following sections of the State of California Health and Safety
Code, and any future amendments thereto, are part of these Rules
and Regulations by reference: Section 39068.2 et seq., Article 2,
Chapter 3, Division 26.
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(b) A person shall not place, store or hold in any stationary tank, reser-
voir or other container of more than 40,000 gallons capacity, any
gasoline or any petroleum distillate having a vapor pressure of 1.5
pounds per square inch absolute or greater under actual storage
conditions, unless such tank, reservoir or other container is a
pressure tank maintaining working pressures sufficient at all times
to prevent hydrocarbon vapor or gas loss to the atmosphere, or is
designed and equipped with equipment described in Section 39068. 5
or Section 39068 or other equipment of equal efficiency, provided
such equipment is approved by the Air Pollution Control Officer.
(51.21) Rule 214 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 1,200 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 ef-
fluents pursuant to the Rule shall provide, properly install and main-
tain in calibration, in good working order and in operation devices as
specified in the Authority to Construct or Permit to Operate or as
specified by the Air Pollution Control Officer, for indicating temper-
ature, pressure or other operating conditions.
For the purpose of the Rule "reduction" is defined as any heated process,
including rendering, cooking, drying, dehydration, digesting, evaporating
and protein concentrating.
The provisions of the Rule shall not apply to any article, machine, equip-
ment or other contrivance used exclusively for the processing of food
for human consumption.
(15.0) Rule 215 Enforcement.
The following section of the State of California Health and Safety Code,
and any future amendments thereto, are part of these Rules and Regulations
by reference: Section 24246, Article 3, Chapter 2, Division 20.
(2.0) Rule 216 Existing Sources.
In any case where this Regulation II imposes standards more stringent
than the standards applicable to an existing source of emissions on (day
before adoption of these regulations), and the source of emissions was
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in compliance, under variance, or permit to construct, with the less
restrictive standards applicable on such date, then the source shall
remain in compliance with such rule, until modified as described be-
low or until July 1, 1984, at which time the source shall conform to
the new standards.
"Modification" is defined as any physical change in, or change in the
method of operation of, an affected facility which increases the amount
of any air pollutant (to which a rule applies) emitted by such facility
or which results in the emission of any air pollutant (to which a rule
applies) not previously emitted, except that:
1. Routine maintenance, repair, and replacement shall not be con-
sidered physical changes, and
2. The following shall not be considered a change in the method
of operation:
a) An increase in the production rate, if such increase does
not exceed the operating design capacity of the affected
facility;
b) An increase in hours of operation.
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PROHIBITIONS AND EXCEPTIONS
(51.13) Rule 301 Open Outdoor Fires.
No person shall use open fires for the purpose of disposal of petroleum
wastes, demolition debris, tires, tar, trees, wood waste or other com-
bustible or flammable solid or liquid waste; or for metal salvage or
burning of automobile bodies.
(2.0) Rule 302 Exceptions to Rule 301.
A. Except as otherwise provided in Rule 321, nothing in these Rules and
Regulations shall be construed as limiting the authority granted
under other provisions of law:
1. To any public fire officer to set or permit a fire when such
fire is, in his opinion, necessary for any of the following
purposes:
(a) For the purpose of the prevention of a fire hazard which
cannot be abated by any other means, or;
(b) The instruction of public employees and/or volunteer
firemen, in the methods of fighting fire, or;
(c) Set pursuant to permit on property used for industrial
purposes for the purpose of instruction of employees in
the methods of fighting fires.
2. To set or cause to be set backfires necessary to save life or
valuable.property pursuant to Section 4426 of the Public Re-
sources Code.
B. Except as otherwise provided in Rules 316. 317 and 318, nothing in
these Rules and Regulations shall be construed as limiting the use
of open fires for agricultural burning, as defined in Rule 102 B.
C. Open fires for the disposal of unsellable wood waste from property
being developed for commercial or residential purposes. (See Rule
319)
D. Open fires for right-of-way clearing by a public entity or utility
or for levee, ditch and reservoir maintenance. (See Rule 319)
E. Open fires for the burning of Residential Rubbish as defined in Rule
102 QQ.
F. Open fires for recreational purposes, such as the cooking of food
for human consumption.
G. Open fires as authorized by ARB for the operation of a solid waste
dump under variance. (Section 39397.4)
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(3.0) Rule 303 Burning Permits
(51.13)
A. No person shall knowingly set or permit open outdoor fires for:
1. Agricultural burning or hazard reduction burning unless that
person has been issued a valid permit from a designated agency.
2. Levee, ditch, right-of-way or reservoir maintenance burning
or the burning of wood waste on property where grown unless
the person has been issued a valid permit from the Air Pol-
lution Control Officer.
B. A permit shall not be issued to an applicant unless information is
provided as required by the Sierra County Air Pollution Control
District, such as:
1. Name and address of the permittee.
2. Location of the proposed burn.
3. Acreage or estimated tonnage of material to be burned.
4. The type of material to be burned.
5. Under what category burning will take place, i.e.,' agricultural,
forest management, range improvement, wood waste on property
where grown, or hazard reduction.
6. Distance to nearest residential area (in miles).
7. Reason for burning.
8. The permittee shall read the permit and sign same.
C. Each permit issued shall bear a statement of warning containing the
following words or words of like or similar import: "THIS PERMIT
IS VALID ONLY FOR THOSE DAYS ON WHICH THE STATE AIR RESOURCES BOARD
DOES NOT PROHIBIT AGRICULTURAL BURNING PURSUANT TO SECTION 39298 OF
THE HEALTH AND SAFETY CODE".
D. A permit shall not be issued to an applicant unless information is
provided as required by the designated fire protection agency for
fire protection purposes.
(2.0) Rule 304- Exceptions to Rule 303.
A. Open burning of agricultural waste in the growing of crops or raising
of fowls or animals at altitudes above 3,000 feet mean sea level
(msl) except in the Tahoe Basin, may be exempted.
B. Agricultural burning in areas above 6,000 feet (msl), with the ex-
ception of the Tahoe Basin, may be exempted.
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(3.0) Rule 305 Permit Validity.
No permit shall be construed to authorize open outdoor fires for any
day during which:
A. Agricultural burning is prohibited by the ARB
B. Open burning is prohibited by public fire control agencies for fire
control or prevention.
(51.13) Rule 306 No-Burn Days.
No person shall knowingly permit agricultural burning, or burning of wood
waste on property where grown or hazard reduction burning, or right-of-
way clearing and levee, ditch and reservoir maintenance burning, on days
when such burning is prohibited by the ARB.
(2.0) Rule 307 Exceptions to Rule 306.
A. The Air Pollution Control Officer may, by special permit, authorize:
1. Agricultural burning on days designated by the ARB as "no-burn
days if the denial of such permit would threaten imminent and
substantial economic loss. The granting of an exception does
not exempt the applicant from any other district or fire con-
trol regulation. The applicant shall submit in writing his
reasons for the exception. The Sierra County Air Pollution
Control Officer may seek the advice of the County Agricultural
Commissioner, the County Farm Advisory, or other informed sources.
2. The burning of empty sacks or containers which contained pest-
icides or other toxic materials on the premises where used.
B. Range improvement burning during the period between January 1 and
May 31, providing that more than 50 percent of the land has been
brush-treated.
C. Open burning of agricultural waste at altitudes above 3,000 feet
(msl) except in the Tahoe Basin, may be" exempted.
D. Agricultural burning in areas above 6,000 feet (msl), with the ex-
ception of the Tahoe Basin, may be exempted.
E. Upon special request from a permittee through a designated agency
seven (7) days in advance of a specific range improvement burn be-
low 6,00 feet (msl) or a specific forest management burn at ele-
vations between 3,000 and 6,000 feet (msl), the ARB will issue an
advisory outlook 72 hours in advance of the proposed burn, and a
burn or no-burn notice up to 48 hours prior to the date of the pro-
posed burn. The ARB may cancel any notice issued more than 24
hours in advance if necessary to maintain suitable air quality.
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(13.0) Rule 308 Burning Reports.
(51.13)
A. The name, location, type and amount of waste material burned daily
must be reported to the designated agency within thirty (30) days
following completion of the burn.
B. The designated agency shall forward information to the Sierra County
Air Pollution Control Officer monthly.
(51.13) Rule 309 Amount Burned Daily.
Agricultural waste and other material shall be arranged so that it
will burn with a minimum amount of smoke, and, except for large trees,
only that amount that can reasonably be expected to completely burn
within the following 24 hours shall be ignited in any one day.
(51.13) Rule 310 Approved Ignition Devices.
All open fires as authorized by this Regulation shall be ignited only
with approved ignition devices as defined in Rule 102 C and the material
to be burned should be ignited as rapidly as practicable within ap-
plicable fire control restrictions.
(51.13) Rule 311 Restricted Burning Days.
The Air Pollution Control Officer shall notify the designated agencies
that a condition of restricted burning exists, if in his opinion the
amounts being burned each day are creating significant degradation of
the air quality. On days of restricted burning, the designated agencies
shall restrict the acreage or tonnage of material to be burned under
permit to the acreage or tonnage allocated to the designated agencies
by the Air Pollution Control Officer. The Air Pollution Control Officer
shall prorate the amounts to be burned to each agency based on the
estimated number of acres or tonnage in the geographic area covered by
the agency.
(51.13) Rule 312 Wind Direction.
Burning shall be curtailed when smoke is drifting into a nearby pop-
ulated area or creating a public nuisance.
(51.13) Rule 313 Minimum Drying Times.
To lower the moisture content of the material being burned, the elapsed
time between cutting and burning shall be:
A. A minimum of three (3) days for straw and stubble.
B. Sufficient time for other agricultural waste such as orchard prun-
ings, small branches, vegetable tops and seed screenings to assure
rapid and complete combustion with a minimum of smoke.
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C. A minimum of six (6) weeks for trees, stumps, and large branches
greater than six (6) inches in diameter.
(2.0) Rule 314 Exceptions to Rule 313.
The Air Pollution Control Officer may, by permit, authorize agricultural
burning after shorter drying times if the denial of such permit would
threaten imminent and substantial economic loss.
(51.13) Rule 315 Preparation of Material to be Burned.
A. No material shall be burned unless it is free of tires, rubbish,
tar paper, construction debris, also reasonably free of dirt, soil
and visible surface moisture.
B. Material stacked for burning shall not be burped unless it is loosely
stacked in such a manner as to promote drying and insures combustion
with a minimum amount of smoke.
OPEN BURNING CATEGORIES
(51.13) Rule 316 Burning of Agricultural Waste.
Rule 301 through Rule 315, inclusive, shall apply to the open burning
of all agricultural waste.
(51.13) Rule 317 Range Improvement Burning.
A. Rule 301 through 315. inclusive, and the following sections of this
rule shall apply to Range Improvement Burning.
B. Brush shall be treated (see Rule 102 K) at least six (6) months
prior to the burn if economically and technically feasible.
C. Unwanted trees over six (6) inches in diameter shall be felled and
dried prior to the burn.
D. Material should be windrowed or piled if economically and technically
feasible.
E. If the burn is to be accomplished primarily for the improvement of
land for wildlife and game habitat, the permit applicant shall ob-
tain a written statement from the State Department of Fish and
Game, certifying that the burn is desirable and proper.
(51.13) Rule 318 Forest Management Burning.
A. Rule 301 through 315, and the following sections of this rule, with
the exception of Rule 313, shall apply to Forest Management Burning.
B. Waste material should be windrowed or piled where possible, unless
good silvicultural practice (see Rule 102 TT) dictates otherwise.
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C. Drying time shall be specified by the designated agency.
(51.13) Rule 319. Open Burning of Wood Waste on Property Where Grown.
This rule authorizes the use of open outdoor fires for the disposal of
unsellable wood waste from property being developed for commercial or
residential purposes when it is found to be more feasible than other
methods of disposal, subject to the following conditions:
A. Rule 301 through Rule 315, inclusive, and the following section of
this rule shall apply to open burning of wood waste on property
where grown.
B. Unwanted trees over six (6) inches in diameter are to be felled and
dried prior to the burn.
C. Wood waste shall be windrowed if economically and technically
feasible.
D. Wood waste which is burned under this rule shall be limited to that
grown on the property and free of other material.
E. This burning shall be conducted only on permissive burn days.
F. The Air Pollution Control Officer or staff shall review and sign all
permits prior to the burning.
G. This rule shall terminate on January 1, 1977, subject to Section
39297.6 of the Health and Safety Code.
(51.13) Rule 320 Right-of-Way Clearing and Levee, Ditch and Reservoir Maintenance
Burning.
A. Rule 301 through Rule 315, inclusive, shall apply to the use of fires
for right-of-way clearing by a public entity or utility or for levee,
ditch or reservoir maintenance.
B. This burning shall be conducted only on permissive burn days.
(51.13) Rule 321 Hazard Reduction Burning.
A. For purposes of this rule, "Hazard Reduction Burning" is burning
authorized pursuant to Rule 302 A. l(a).
B. Except as provided in Paragraph C, the following conditions shall
apply to all open burning for purposes of hazard reduction:
1. Rule 301 through Rule 315, inclusive, shall apply to Hazard
Reduction Burning.
2. Unwanted trees over six (6) inches in diameter shall be felled
and dried prior to the burn.
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C. If the fire officer with jurisdiction determines that a condition
exists in which a fire hazard (or a health officer for a health hazard)
will have an imminent affect on life and property, he may waive the
requirements of Paragraph B of this Rule, provided that a written report
of such burning shall be forwarded to the Air Pollution Control Officer
stating why life and property were being threatened requiring such
burning and such other information as the Air Pollution Control
Officer may reasonably require.
OPEN BURNING ENFORCEMENT
(15.0) Rule 322 Enforcement Responsibility.
The Air Pollution Control Officer or his staff will be in the field to
ensure that these Rules and Regulations are complied with and shall
enforce all State and Sierra County Air Pollution Control District
Regulations regarding air pollution control. See Enforcement Flow
Chart on Page .
(15.0) Rule 323 Penalty.
A violation of the provisions of this regulation or of Section 39296.1
or 39299 is a misdemeanor punishable by imprisonment in the County Jail
not exceeding six (6) months or by a fine not exceeding five hundred
dollars ($500.00), or both, and the cost of putting out the fire. Every
day during any portion of which such violation occurs constitutes a
separate offense.
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(2.0) Rule 405 Separation of Emissions.
If air contaminants from a single source operation are emitted through
two or more emission points, the total emitted quantity of air contam-
inants cannot exceed the quantity which would be allowable through a
single emission point.
The total emitted quantity of any such 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 Air
Pollution Control Officer's satisfaction, the correct total emitted
quantity.
(2.0) Rule 406 Combination of Emissions.
A. If air contaminants from two or more source operations are combined
prior to emission and there are adequate and reliable means rea-
sonably susceptible for confirmation and use by the Air Pollution
Control District in establishing a separation of the components of
the combined emission to indicate the nature, extent, quantity and
degree of emission arising from each such source operation, the
Rules and Regulations shall apply to each such source operation
separately.
B. If air contaminants from two or more source operations are combined
prior to emission and the combined emissions cannot be separated
according to the requirements of Rule 406 (A|, the Rules and Reg-
ulations shall be applied to the combined emissions as if it
originated in a single source operation subject to the most stringent
limitations and requirements placed by the Rules and Regulations on
any of the source operations whose air contaminants are so combined.
(2.0) Rule 407 Circumvention.
A person shall not build, erect, install, or use any article, machine,
equipment or other contrivance, the use of which, without resulting in
an actual reduction in the total release of air contaminants to the
atmosphere, superficially reduces or conceals an emission which would
otherwise constitute a violation of Division 20, Chapter 2, of the
Health and Safety Code of the State of California or of these Rules and
Regulations. This Rule shall not apply to cases in which the only
violation involved is of Section 24243 of the Health and Safety Code,
or of Rule 205 of these Rules and Regulations.
(13.0) Rule 408 Source Recordkeeping and Reporting.
The owner or operator of any stationary source, shall, upon notification
from the District, maintain records of the nature and amounts of emis-
sions from such source and/or any other information as may be deemed
necessary by the District to determine whether such source is in com-
pliance with applicable emission limitations or other control measures.
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The Air Pollution Control Officer may require that such records be
certified by a professional engineer registered in the State of
California. Such studies shall be at expense of the person causing
the emissions.
The information recorded shall be summarized and reported to the
District, on forms or formats as furnished by the District, and shall
be submitted within 45 days after the end of the reporting period.
Reporting periods are January 1 - June 30 and July 1 - December 31,
except that the initial reporting period shall commence on the date
the District issues notification of the recordkeeping requirements.
Information reported by the owner or operator and copies of the
summarizing reports submitted to the District shall be retained by the
owner or operator for two years after the date on which the pertinent
report is submitted.
(14.0) Rule 409 Public Records.
A. All information, analyses, plans or specifications that disclose
the nature, extent, quantity or degree of air contaminants or
other .pollution which any article, machine, equipment or other
contrivance will produce which the 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 (D), trade secrets are not public
records under this Regulation. Trade secrets, as used in this
Regulation may include, but are not limited to any formula, plan,
pattern, process, tool, mechanism, compounds, procedure, production
data or compilation of information which is not patented, which is
known only to certain individuals within a commerical 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 provisions of the law, all air pollution
emission data, including those emission data which constitute trade
secrets as defined' in (C), are public records. Data used to cal-
culate emission data are not emission data for purposes of this
subsection and data which constitute trade secrets and which are
used to calculate emission data are not public records.
E. Request for trade secrets status shall be made by written applica-
tion to the Air Pollution Control Officer. The claimant shall de-
clare and justify in writing information he desires to be classi-
fied as trade secrets. The Air Pollution Control Officer shall
determine whether the information submitted is to be classified as
trade secrets subject to the conditions of this rule.
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(2.0) Rule 601 Applicable Articles of the Health and Safety Code.
The provisions of Article 5 and Article 6, Chapter 2, Division 20, of
the Health and Safety Code of the State of California, respectively
entitled Variances and Procedure, are applicable within the boundaries
of the Sierra County Air Pollution Control District.
(2.0) Rule 602 General.
The regulation shall apply to all hearings before the Hearing Board
of the Sierra County Air Pollution Control District.
(2.0) Rule 603 Filing Petitions.
Request for hearing shall be initiated by the filing of a petition,
in triplicate with the clerk of the Hearing Board, one copy of which
shall be served 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 proven by written
acknowledgement of the person served or by the affidavit of the person
making the service.
(2.0) Rule 604 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. Identification of the petitioner as an individual, co-partner, cor-
poration or other entity, and names and addresses of the partners if
a co-partnership, names and address of the officers, if a corpor-
ation, and the names and addresses of the persons in control, if
other entity.
C. The type of business or activity involved in the application and the
street address at which it is conducted.
D. A brief description of the article, machine, equipment or other con-
trivance, if any, involved in the application.
E. The section or rule under which the petition is filed:
1. To determine whether a permit shall be revoked, or a suspended
permit reinstated under Section 24274, Health and Safety Code;
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2. For a variance under Section 24292, Health and Safety Code.
3. To revoke or modify a variance under Section 24298, Health and
Safety Code.
4. To review the denial or conditional granting of an authority to
construct or permit to operate under Rule 501 of the 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 violations.
H. Petitions for reinstatement of suspended permits shall allege, in
addition, the rule under which the permit was granted, the request
and alleged refusal which formed the basis for such suspension,
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. Petitions for variance under Section 24292, Health and Safety Code,
shall contain increments of progress. Increments of progress mean
steps toward compliance which will be taken by a specific source,
including:
1. Date of submittal of the source's final control plan to the
Sierra County Air Pollution Control District.
2. Date by which contracts for emissions control systems or process
modifications will be awarded; or date by which orders will be
issued for the purchase of component parts to accomplish emission
control or process modification;
3. Date of initiation of on-site construction or installation of
emission control equipment or process change;
4. Date by which on-site construction or installation of emission
control equipment or process modification is to be completed; and
5. Date by which final compliance is to be achieved.
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J. All petitions shall be typewritten, double spaced, on legal or
letter size paper, on one side of the paper only, leaving a margin of
at least one inch at the top and left side of each sheet.
(5.0) Rule 605 Petitions for Variances.
The Petitions for Variance form, as provided, shall be filled out
completely:
(2.0) Rule 606 Appeal from Denial.
A petition to review the denial or conditional approval of a permit shall,
in addition to the information required by Rule 604. set forth a summary of
the permit application or a copy thereof and the alleged reasons for the
denial or conditional approval and the reasons for appeal.
(2.0) Rule 607 Failure to Comply with Rules.
The clerk of the Hearing Board shall not accept for filing any petition
which does not comply with these rules relating to form, filing and
service of petitions unless the Chairman of the Hearing Board directs
otherwise and confirms such direction in writing. Such direction need
not be made at a meeting of the Hearing Board.
(2.0) Rule 608 Answers.
Any person may file an answer within ten (10) days after service. All
answers shall be served in the same manner as are petitions under the
provisions of Rule 603.
(2.0) Rule 609 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 meetina of the
Hearing Board. The clerk of the Hearing Board shall notify all interested
persons of such dismissal.
(16.0) Rule 610 Place of Hearing.
All hearings shall be held at a place designated by the Hearing Board.
(16.0) Rule 611 Notice of Hearing.
The clerk of the Hearing Board, not less than 30 days prior to such hearing,
shall mail or deliver a notice of hearing to the petitioner, the Air Pollution
Control Officer, the holder of the permit or variance involved, the U.S.
Environmental Protection Agency, the California Air Resources Board, each
air pollution control district in the Air Basin, and to every person who
requests such notice. In addition said notice shall be published in a
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newsoaoer of general circulation in Sierra Countv. The notice shall
contain the time and nlace nf t.hp hsarino and such other information
as may be necessary to reasonably apprise the people within the district
of the nature and purpose of the hearing, including the variance conditions
and increments of progress. (In the event of an extreme emergency that
will, or may, threaten the public health or welfare, as determined by
the Hearing Board or a petition filed under Rule 604 e(l) and e(4), the
above 30 day period may be reduced to 10 days.)
(2.0) Rule 612 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 the matter was not covered in the direct
examination;
4. To impeach any witness regardless of which party first called
him to testify;
5. To rebut the evidence against him.
C. If respondent does not testify in his own behalf, he may be called and
examined as if under cross-examination.
D. The hearing need not be conducted according to technical rules
relating to evidence and witnesses. Any relevant evidence shall be
admitted if it is the sort of evidence on which responsible persons
are accustomed to rely in the conduct of serious affairs, regardless
of the existence of any common law or statutory rule which might
make improper the admission of such evidence over objection in civil
actions. Hearsay evidence may be used for the purpose of 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
that they are now or hereafter may be recognized in civil actions,
and irrelevant and unduly repetitious evidence shall be excluded.
E. All evidence, oral or written, and all exhibits, shall be recorded at
the time of the hearing and all records shall be maintained for a
'periodof time as specified by law or as determined by the Air Pollution
Control Board.
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(2.0) Rule 613 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 of the Hearing Board without a hearing or
meeting of the Hearing Board and without notice.
(2.0) Rule 614 Official Notice
The Hearing Board may take official notice of any matter which may be
judicially noticed by the courts of this State.
(2.0) Rule 615 Continuances.
The Chairman of the Hearing Board shall grant any continuance of
15 days or less, concurred in by petitioner, the Air Pollution Control
Officer and by every person who has filed an answer in the action and
may grant any reasonable continuance; in either case such action may be
ex parte, without a meeting of the Hearing Board and without prior notice.
(2.0) Rule 616 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 issue presented
and the order of the Hearing Board. A copy shall be mailed or delivered to
the Air Pollution Control Officer, the petitioner and to every person who
has filed an answer or who has appeared as a party or by counsel at the
hearing.
(2.0) Rule 617 Effective Date of Decision
The decision shall become effective 15 days after delivering or mailing
a copy of the decision, as provided in Rule 616 or the Hearing Board
may order that the decision shall become effective sooner.
(3.0) Rule 618 Lack of Permit.
The Hearing Board shall not receive or accept a petition for a variance
for the operation or use of any equipment until a permit has been granted
or denied by the Air Pollution Control Officer; except that an appeal from
a denial of a permit and a petition for a variance may be filed with the
Hearing Board a singly petition. A variance granted bv the Hearing
Board after a denial of a permit by the Air Pollution Control Officer
may include a permit for the duration of the variance.
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(2.0) Rule 619 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, of an order for abatement whenever the District finds that any
person is in violation of Section 24242 or 24243 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 of abatement shall have all powers and duties conferred
upon the Hearing Board by Division 20, Chapter 2 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 20, Chapter 2 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 Section 24260.5 or by the State Air Resources Board shall
be liable for a civil penalty not to exceed six thousand dollars ($6000.00)
for each day in which such violation occurs.
(2.0) Rule 620 Severability.
If any provision, clause, sentence, paragraph, section or part of
these Regulations or application thereof to any person or circumstance
shall for any reason be adjudged by a court of competent jurisdiction
to be unconstitutional or invalid, such judgment shall hot affect or
invalidate the remainder of this Regulation 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 controversy in which such judgment
shall have been rendered and to the person or circumstance involved, and
it is hereby declared to be the intent of the Sierra County Air Pollution
Control Board that these Regulations would have been adopted in any case
had such invalid provision of provisions not been included.
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(3.0) Rule 17 Construction Permit Required.
Before any building permit may be issued by the County or City for any
building other than residential, which involves emissions into the air,
approval by the Air Pollution Control District must be first obtained.
No construction for use of any building, article, machine, equipment, or
other contrivance, which may cause emission of air contaminant shall
take place without approval of the Air Pollution Control District.
(3.0) Rule 18 Permit to Operate.
Before any article, machine, equipment or other contrivance described
in Rule 17 may be operated or used, a permit shall be obtained from
the Air Pollution Control District Office, the Standards and Conditions
under which the said article, equipment or other contrivance shall
operate.
(3.0) Rule 19 Registration Required.
Registration and/or a permit to operate all existing equipment, contri-
vances, or places of business that burn or send emissions into the atmos-
phere is required by _^__^ • Registration shall be
made on forms provided by APCD.
(3.0) Rule 20 Exemptions from Permit and Registration.
An authorization to construct, permit to operate, or registration, 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 contri-
vance 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 (4) families.
D. The following equipment:
1. Comfort air conditioning or comfort ventilating systems which
are not designed to remove air contaminants generated by or
released from specific units or equipment.
2. Refrigeration units except those used as, or in conjunction with,
air pollution control equipment.
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3. Piston type internal combustion engines.
4. Water cooling towers and water cooling ponds not used for evapor-
ative cooling of process water or not used for evaporative cool-
ing of water from barometric jets or from barometric condensers.
5. Equipment used exclusively for steam cleaning.
6. Presses used exclusively for extruding metals, minerals, plastics
or wood.
7. Residential incinerators when used for burning of paper or leaves.
E. Space heaters.
F. Equipment for food preparation.
G. Steam heated by natural gas or LPG or both.
H. Mobile construction equipment other than pavement burners.
I. Agricultural implements used under Rule 2(b).
J. Self-propelled mobile construction equipment other than pavement
burners.
(3.0) Rule 21 Standards for Granting Applications and Permits.
A. The Air Pollution Control District shall deny authorization to con-
struct, or permit to operate or permit to sell or rent, except as
provided in Rule 21, if the applicant does not show that every
article, machine, equipment or other contrivance, the use of which
may cause the issuance of air contaminants, or the use of which may
eliminate or reduce or control the issuance of air contaminants,
is so designed, controlled, or equipped with such air pollution
control equipment that it may be expected to operate without emit-
ting or without causing to be emitted air contamiants in violation
of Sections 24242 or 24243, Health and Safety Code, or of these
Rules and Regulations.
B. Before authorization to construct or a permit to operate is granted,
the Air Pollution Control District may require the applicant to
provide and maintain such facilities as are necessary for sampling
and testing purposes in order to secure information that will
disclose the nature, extent, quantity or degree of air contaminants
discharged into the atmosphere from the article, machine, equipment
or other contrivance described in the authorization to construct or
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permit to operate. In the event of such a requirement, the Air
Pollution Control District 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
and the results of any analysis must be signed by an engineer
registered in the State of California.
C. In acting upon a Permit to Operate, if the Air Pollution Control
District finds that the article, machine, equipment or other contri-
vance has been constructed not in accordance with the Authorization
to Construct, they shall deny the Permit to Operate. The Air
Pollution Control District shall not accept any further applica-
tion for Permit to Operate the article, machine, equipment or other
contrivance so constructed until they find that the article,
machine, equipment or other contrivance has been reconstructed in
accordance with the Authorization to Construct.
(3.0) Rule 22 Conditional Approval.
A. The Air Pollution Control District may issue an authorization 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 21, in which case the
conditions shall be specified in writing. Commencing work under
such an authorization to construct, or operate, under such a permit
to operate, shall be deemed acceptance of all the conditions so
specified. The Air Pollution Control District shall issue an
authorization to construct or a permit to operate with revised
conditions upon receipt of a new application, if the applicant
demonstrates that the article, machine, equipment or other con-
trivance can operate within the standards of Rule 21 under the
revised conditions.
B. The Air Pollution Control District may issue a permit to sell or
rent, subject to conditions which will bring the operation of any
article, machine, equipment or other contrivance within the stand-
ards of Rule 21, 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 Air Pollution Control District 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
or other contrivance can operate within the standards of Rule 21
under, the revised conditions.
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(3.0) Rule 23 Denial of Applications.
In the event of denial of authorization to construct, permit to oper-
ate, or permit to sell or rent, the Air Pollution Control District
shall notify the applicant in writing of the reasons therefor. Service
of this notification may be made in person or by mail, and such service
may be proved by the written acknowledgment of the persons served. The
Air Pollution Control District has complied with the objections specified
by the Air Pollution Control District as reasons for denial of the
authorization to construct, the permit to operate or the permit to sell
or rent.
(3.0) Rule 24 Further Information.
Before acting on an application for authorization to construct, or permit
to operate, or permit to sell or rent, the Air Pollution District
Officer may require the applicant to furnish further information or
further plans or specifications.
(3.0) Rule 25 Applications Deemed Denied.
The applicant may, at his option, deem the authorization to construct,
permit to operate, or permit to sell or rent approved if the Air Pol-
lution Control District fails to act on the application within thirty
(30) days after filing, or within thirty (30) days after applicant
furnished the further information, plans and specifications requested
by the Air Pollution Control District, whichever is later.
(3.0) Rule 26 Appeals.
Within ten (10) days after notice by the Air Pollution Control District
of denial or conditional approval of an authorization to construct,
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 thirty (30) days after
filing the petition, may sustain or reverse the action of the Air
Pollution Control Officer; such order may be made subject to specified
conditions.
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