U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-296 695
Air Pollution Regulations in State
Implementation Plans: California,
Siskiyou County
Abcor, Inc, Wilmington, MA Walden Div
Prepared for
Environmental Protection Agency, Research Triangle Pork, NC Control
Programs Development Div
Aug 78
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&EFA
United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
296695
EPA-450/3-78-054-38
August 1978
Air
Air Pollution Regulations
in State Implementation
Plans:
California
Siskiyou County
REPRODUCED BY
NATIONAL TECHNICAL '
i INFORMATION SERVICE J
U. S. DEPARTMENT OF COMMERCE
SPRINGFIELD. VA. 22161 ;
-o- 1 • • •* ' /"I
fa j ^' u xj ^? L^U u i
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TECHNICAL REPORT DATA ,
(Please read Instructions on the reverse before completing) . '
1. REPORT NO.
EPA-450/3-78-054-38
2.
3. RECIBlfNT'S ACCESSION>NQ- .^- "•
?^ 24 & 64^ ,
4. TITLE AND SUBTITLE 5. REPORT DATE ' I j
Air Pollution Regulations in State Implementation i Auqust 1978
•Plans: California Siskiyou County
7. AUTHOR(S)
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Walden Division of Abcor, Inc.
Wilmington, Mass.
12. SPONSORING AGENCY NAME AND ADDRESS
Control Programs Development Division
Office of Air Quality Planning and Standar
Office of Air, Noise, and Radiation
Research Triangle Park, NC 27711
15. SUPPLEMENTARY NOTES
EPA Project Officer: Bob Schell , Control
6. PERFORMING ORGANIZATION CODE v
8. PERFORMING ORGANIZATION REPORT NO.
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT NO.
68-02-2890
13. TYPE OF REPORT AND PERIOD COVERED
(JS 14. SPONSORING AGENCY CODE
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 T, "1978, have been incorporated. As mandated by Congress,
this document will be updated annually. State and/or local air quality regulations
which have not been Federally approved as of January 1, 1978, are not included here;
omission of these regulations from this document in no way affects the ability of
the respective Federal, State, or local agencies to enforce such regulations.
17.
KEY WORDS AND DOCUMENT ANALYSIS
a. DESCRIPTORS
Air pollution
Federal Regulations
Pollution
State Implementation Plans
18. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
b. IDENTIFIERS/OPEN ENDED TERMS C. COSATI Field/Group
19. SECURITY CLASS /This Report/
Unclassified
20. SECURITY CLASS (This page) 22. PRICE /'C-- A\t
Unclassified /} £? M- AQ\
EPA Form 2220-1 (9-73)
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EPA-450/3-78-054-38
Air Pollution Regulations
in State Implementation Plans:
* .
California
Siskiyou 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
fGL-
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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-450/3-78-054-38
ii
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INTRODUCTION
This document has been produced in compliance with Section 110(h)(l)
of the Clean Air Act Amendments of 1977. The Federally enforceable
regulations contained in the State Implementation Plans (SIPs) have been •
compiled for all 56 States and territories (with the exception of the
Northern Mariana Islands). They consist of both the Federally approved
State and/or local air quality regulations as indicated in the Federal
Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of
the above categories as of January 1, 1978, have been incorporated. As
mandated by Congress, this document will be updated annually. State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.
There have been recent changes in the Federal enforceability of
parking management regulations and indirect source regulations. The
October, 1977, appropriation bill for EPA prohibited Federal enforcement
of parking management regulations in the absence of specific Federal
authorizing legislation. Federally promulgated parking management
regulations have, therefore, been suspended indefinitely. Pursuant to
the 1977 Clean Air Act Amendments, indirect source regulations may not
be required for the approval of a given SIP. Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted indirect source regulations contained in an applicable SIP
are Federally enforceable. More importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded, operated, or owned facilities or projects. Therefore, the
Federally promulgated indirect source regulations appearing in this
document are not enforceable by EPA except as they relate to Federal
facilities.
Since State air quality regulations vary widely in their organization,
content, and language, a standardized subject index is utilized in this
document. Index listings consist of both contaminant and activity oriented
categories to facilitate usage. For example, for regulations which apply
to copper smelters, one might look under sulfur compounds (50.2), particu-
late matter process weight (50.1.1), or copper smelters (51.15). Federal
regulations pertaining to a given State immediately follow the approved
State and local regulations.
Additionally, a summary sheet of the information included in each
comprehensive document is presented prior to the regulatory text to
allow one to quickly assess the contents of the document. Specifically,
the summary sheets contain the date of submittal to EPA of each revision
m
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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
SISKIYOU COUNTY (APCD)
Submittal Data
6/30/72
7/25/73
Approval Date
9/22/72
8/22/77
Description
All regs approved
unless otherwise
noted.
Rule 2.13
4.5
4.12
4.13
4.14
Implementation Plan
for Agricultural
Burning
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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
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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) - Partlculates
(Includes Fuel Content and Other Related Topics)
51.6 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (Includes
Fuel Content and Other Related Topics)
51.7 FUEL BURNING EQUIPMENT (oil, natural gas, coal) - N02 (Includes
Fuel Content and Other Related Topics)
51.8 HOT MIX ASPHALT PLANTS
51.9 INCINERATION
51.10 NITRIC ACID PLANTS
51.11 NON-FERROUS SMELTERS (Zn, Cu, etc.) • Sulfur Dioxide
51.12 NUCLEAR ENERGY FACILITIES (Includes Related Topic)
51.13 OPEN BURNING (Includes Forest Management, Forest F1re. 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)
(1.0)
(15.0)
(15.0)
-
(3.0)
(2.0)
(3.0)
(3.0)
(3.0)
(3.0)
(9.0)
(3.0)
(3.0)
(3.0)
(3.0)
(3.0)
(14.0)
SISKIYOU
Reg. -
Rule Number
Reg. I
Rule 1.1
1.2
1.3
1.4
1.5
Reg. II
Rule 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
COUNTY REGULATIONS
Title
General Provisions
Title
Definitions
Air Pollution Data
Enforcement
Orders for Abatement
Permit System
Permits Required
Exemptions
Transfers
Applications
Cancellation of Applications
Action on Application
Provision of Sampling and
Testing Facilities
Standards for Granting
Applications
Conditional Approval
Denial of Applications
Further Information
Appeals
Regulation for Public
Page
1
1
1
4
4
4
6
6
7
10
10
10
n
n
n
12
12
12
12
Availability of Emission Data 13
vi i i
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Revised Standard Reg. -
Subject Index Rule Number Ti tle Page
Reg. Ill Fees 14
(2.0) Rule 3.1 Hearing Board Fees 14
(2.0) • 3.2 Permit Fees 14
(2.0) 3.3 Schedule of Fees 14
Reg. IV Prohibitions 19
(50.1.2) Rule 4.1 Visible Emission Section 24242 19
(50.1.2) 4.1-1 Exceptions to Visible Emission
Section 24242 19
(50.7) 4.2 Nuisance Section 24243 20
(50.7) 4.2-1 Exceptions to Section 24243,
Nuisance 20
(51.13) 4.3 Open Fires, Section 39296 20
(51.13) 4.3-1 Exceptions to Section 39296
Open Fires 20
(50.1) 4.4 - 21
(50.0) 4.5 Specific Air Contaminants 21
(50.1.3) 4.6 Dust and Fumes 22
(2.0) 4.7 Circumvention 24
(2.0) 4.7-1 Exception to Circumvention 24
(9.0) 4.8 Analyses Required 24
(51.16) 4.9 Gasoline Storage, Section
39068.2 24
(50.0) 4.10 Combination of Emissions 25
(50.0) 4.11 Separation of Emission 25
(51.21) 4.12 Reduction of Animal Matter 25
(51.1) 4.13 Orchard and Citrus Heaters,
Section 39298.7 26
(50.1.2) . 4.14 Uncombined Water 26
ix .
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Revised Standard
Subject Index
-
(2.0)
(2.0)
(2.0)
(2.0)
(5.0)
(2.0)
(2.0)
(2.0)
(16.0)
(16.0)
(2.0)
(13.0)
(2.0)
(2.0)
(2.0)
(2.0)
(2.0)
(16.0)
(51.13)
(2.0)
(2.0)
(1.0)
Reg. -
Rule Number
Reg. V
Rule 5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
5.9
5.10
5.11
5.12
5.13
5.14
5.15
5.16
5.17
5.18
-
-
-
-
Title
Procedure before the Hearing
Board
Applicable Articles of the
Health and Safety Code
General
Filing Petitions
Contents of Petitions
Petition for Variances
Failure to Comply with Rules
Answers
Withdrawal of Petition
Place of Hearing
Notice of Hearing
Page
27
27
27
27
27
29
29
29
29
29
29
Rules and Evidence and Procedure 30
Record of Proceedings
Preliminary Matters
Official Notice
Continuances
Hearing and Decision
Effective Date of Decision
Issuance of Subpoenas -
Subpoenas Duces Tecum
Proposed Implementation Plan
for Agricultural Burning
Introduction
General
Definitions
30
30
30
30
31
31
31
32
33
33
34
- X -
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Revised Standard Reg. -
Subject Index Rule Number Title Page
(51.13) - Notification of Burning
Conditions 36
(2.0) - Exceptions 37
(15.0) - Enforcement 38
(2.0) - Prohibitions » General 40
(3.0) - Burning Permits - General 44
(13.0) - Agricultural Burning Reports 45
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SISKIYOU COUNTY POLLUTION CONTROL DISTRICT
RULES AND REGULATIONS
REGULATION I - GENERAL PROVISIONS
(2.0) RULE 1.1 Title
These rules and regulations shall be known as the Rules and Regulations
of the Siskiyou County Air Pollution Control District.
(1.0) RULE 1.2 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 sane sense as the same words are used in the Health
and Safety Code.
A. Agricultural Burning "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.
B. Air Contaminant "Air Contaminant" includes smoke, charred paper,
dust, soot, grime, carbon, aerosols, noxious adds, fumes, gases,
odors, or particulate, matter, or any combination thereof.
C. Atmosphere "Atmosphere" means the air that envelops or surrounds
the earth.
D. Board "Board" means the Air Pollution Control Board of the Siskiyou
County Air Pollution Control District, which is the Board of Super-
visors.
E. Combustible Waste "Combustible Waste" is any solid or liquid
combustible waste material containing carbon in a free or com-
bined state.
F. Combustion Contaminants "Combustion Contaminants" are particulate
matter discharged into the atmosphere from the burning of any kind
of material containing carbon in a free or combined State.
• G. Condensed Fumes "Condensed Fumes " are minute, solid particles
generated by the condensation of vapors from solid matter after
these processes create air-borne particles.
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H. Control Officer "Control Officer" means the Air Pollution Control
Officer of the Siskiyou County Air Pollution Control District.
I. District "District" is the Siskiyou County Air Pollution Control
District.
J. Dusts "Dusts" are minute, solid particles released into the air by
natural forces or by mechanical processes such as crushing, grind-
ing, milling, drilling, demolishing, shoveling, conveying, cover-
ing, bagging, sweeping, or other similar processes.
K. Hearing Board "Hearing Board" means the Hearing Board of the Siski-
you County Air Pollution Control District.
L. Incinerator "Incinerator" means any furnace or similar enclosed
fire-chamber, with or without a draft control, used for burning
refuse or other waste material.
M. Institutional Facility "Institutional Facility" means any hospital,
boarding home, school, corporation yard, or Hke facility.
N. Multiple-Chamber Incinerator "Multiple-Chamber Incinerator" is
any article, machine, equipment, contrivance, structure, or any
part of a structure used to dispose of combustible refuse by burn-
ing; 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 conbustion of the material to be
burned. The refractories shall have a pyrometric cone equivalent
of at least 17, tested according to the method described in the
American Society of Testing Materials, method C-24.
0. Open Outdoor Fire "Open Outdoor F1re" as used in these regulations
mean complete or partial burning or smoldering of any combustible
refuse or other material of any type, directly exposed to the atmos-
phere, whether or not enclosed in a fire-proof container, where the
products of combustion are not channeled through a flue.
P. Participate Matter "Particulate Matter" is any material, except
uncombined water, which exists in a finely divided form as a liquid
or solid at standard conditions.
Q. Person "Person" means any person, firm association, organization,
partnership, business trust, corporation, company, contractor,
supplier, installer, user or owner, or any state or local govern-
mental agency or public district or any officer or employee thereof.
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R. Process Weight Per Hour "Process Weight" is the total weight of
all materials introduced into any specific process which process
may cause any discharge into the atmosphere. Solid fuels charged
will be considered as part of the process weight, but liquid and
gaseous fuels and combustion air will not. "The Process Weight Per
Hour" will be derived by dividing the total process weight by the
number of hours in one complete operation from the beginning of any
given process to the completion thereof, excluding any time during
which the equipment is idle.
S. Regulation "Regulation" means one of the major subdivisions of
Rules of the Siskiyou County Air Pollution Control District.
T. Residential Rubbish "Residental Rubbish" means refuse originating
from residential uses and includes wood, paper, cloth, cardboard,
tree trimmings, leaves, lawn clippings, and dry plants.
U. Rule "Rule" means a rule of the Siskiyou County Air Pollution
iConTrol District.
V. Section "Section" means section of the Health and Safety Code of
the State of California unless some other statute is specifically
mentioned.
W. 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.
X. Variance "Variance" means an authorization by the hearing board
to permit some act contrary to the requirements specified by these
Rules and Regulations.
Y. Multi-Component System A "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.
Z. Shall and May As used in these Rules and Regulations "Shall" is
mandatory, "May" is permissive.
AA. Source Operation means the last operation preceding the emission of
an air contaminant which operation:
a. Results in the separation of air contaminants from the process
materials or in the conversion of the process materials into
air contaminants, as in the case of combustion of fuels.
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b. Is not an air pollution abatement operation.
BB. Total Reduced Sulfur (TRS) means reduced sulfur contained in hydro-
gen sulfide, mercaotains. 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.
(1.0) RULE 1.3 AIR POLLUTION DATA Trade secrets defined
A. All information, analyses, plans, or specification that disclose
the nature, extent, quantity, or degree of air contaminants which
any article, machine, equipment, or other contrivance will produce,
which the air pollution control 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 monitoring data, including data compiled from stationary
sources, are public records.
C. Trade secrets are not public records under this section. "Trade
Secrets", as used in this section, may include, but are not limi-
ted to, any formula, plan, pattern, process, tool, mechanism, com-
pound, 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,
of 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.
(15.0) RULE 1.4 Enforcement
These Rules and Regulations shall be enforced by the Air Pollution Control
Officer pursuant to all applicable law. The pursuit of any one such
remedies may be pursued individually, collectively, concurrently, or
consecutively, at the option of the Air Pollution Control Officer.
(15.0) RULE 1.5 Orders for Abatement
The Clerk of the Hearing Board shall, on the petition of the Air Pollution
Control Officer, or may, upon receipt of a petition from any other inter-
ested 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 proceedings, the right to compel attendance of
witnesses on his behalf, the right to cross examine witnesses, and the
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right to procure a court reporter to record and/or transcribe the pro-
ceedings, all at his own expense. All such petitions shall be set for
hearing or dismissed within thirty (30) days of receipt of same.
Hearings shall be set no sooner than ten (10) days and no later than
sixty (60) 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 Air Pollution Control Board may issue its order
of abatement.
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REGULATION II - PERMIT SYSTEM
(3.0) RULE 2.1 Permits Required
A. Authority to Construct Any person building, erecting, altering or
replacing any article, machine, equipment or other contrivance, or
multi-component system, the use of which may cause the issuance of
air contaminants or the use of which may eliminate or reduce or
control the Issuance of air contaminants, shall first obtain
authorization for such construction from the Air Pollution Control
Officer. An Authority to Construct shall remain in effect until
the permit to operate the equipment for which the application was
filed 1s granted or denied or the application is cancelled.
B. Permit to Operate Before any article, machine, equipment or other
contrivance, or multi-component system, described in Rule 2.1 (A)
may be operated or used, a written permit shall be obtained from
the Air Pollution Control Officer. No Permit to Operate or use
shall be granted either by the Air Pollution Control Officer or the
Hearing Board for any article, machine, equipment, or contrivance
described in Rule 2.1 (A), constructed or installed without authori-
zation as required by Rule 2.1 (A), until the information required
is presented to the Air Pollution Control Officer and such article,
machine, equipment or contrivance is altered, if necessary, and made
to conform to the standards set forth in Rule 2.8 and elsewhere in
these Rules and Regulations.
C. Posting of Permit to Operate A person who has been granted under
Rule 2.1 a Permit to Operate any article, machine, equipment, or
other contrivance described 1n Rule 2.1 (B), shall firmly affix
such Permit to Operate, an approved facsimile, or other approved
identification bearing the permit number upon the article, machine,
equipment, or other contrivance 1n such a manner as to be clearly
visible and accessible. In the event that the article, machine,
equipment, or other contrivance is so constructed or operated that
the Permit to Operate cannot be so place, 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 contri-
vance, or maintained readily available at all times on the operating
premi ses.
D. A person shall not willfully deface, alter, forge, counterfeit,
or falsify a permit to operate any article, machine, equipment, or
other contrivance.
E. A Permit to Operate shall be obtained by existing industries within
180 days of adoption of these Rules and Regulations.
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(2.0) RULE 2.2 Exemptions An Authority to Construct or a Permit to
Operate shall not be required for:
A. Vehicles as defined by the Vehicle Code of the State of California,
but not including any article, machine, equipment or other 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 families including incinerators and barbecue
equipment not used for commercial purposes.
D. Incinerators used in connection with any structure, which structure
is designed for and used exclusively as a dwelling for not more than
two families.
E. Outdoor recreational and cooking fires to include barbecues.
F. The following equipment:
(1) Comfort air conditioning or comfort ventilating systems
which are not designed to remove air contaminants generated
by or released from specific units or equipment.
(2) Refrigeration units except those used as, or in conjunction
with, air pollution control equipment.
(3) Piston type internal combustion engines.
(4) Water cooling towers and water cooling ponds not used for
evaporative cooling of process water or not used for evapora-
tive cooling 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) Equipment used exclusively for space heating, other than boilers.
(8) All sheet-fed printing presses and all other printing presses
using exclusively inks containing less than 10% organic
solvents, diluents, or thinners.
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(9) Equipment used exclusively for the dyeing or stripping
(bleaching) of textiles where no organic solvents, diluents,
or thinners are used.
(10) Lint traps used exclusively in conjunction with dry cleaning
tumblers.
(11) Equipment used in eating establishments for the purpose of
preparing food for human consumption.
(12) Equipment used exclusively to compress or hold dry natural
gas.
(13) Abrasive blast cabinet-dust filter integral combination
units where the total internal volume of the blast section is
50 cubic feet or less.
(14) Batch mixers of 5 cubic feet rated working capacity or less.
(15) Equipment used exclusively for the mixing and blending of
materials of ambient temperature to make water based adhesives.
(16) Smokehouses in which the maximum horizontal inside cross-
sectional area does not exceed 20 square feet.
(17) Platen presses used for laminating.
(18) Veneer dryers and dry kilns.
the following equipment of any exhaust system or collector serving
exclusively such equipment:
(1) Ovens, mixers and blenders used in bakeries where the products
are edible and intended for human consumption.
(2) Laboratory equipment used exclusively for chemical or physical
analyses and bench scale labortory equipment.
(3) Confection cookers where the products are edible and intended
for human consumption.
(4) Photographic process equipment by which an image is repro-
duced upon material sensitized to radiant energy.
(5) Brazing, soldering, or welding equipment.
(6) Equipment used for buffing (except automatic or semi-
automatic tire buffers) or polishing, carving, cutting,
drilling, machining, routing, sanding, sawing,
-8-
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surface grinding or turning of ceramic artwork, ceramic
precision parts, leather, metals, plastics, rubber, fiber-
board, masonry, asbestos, carbon or graphite.
(7) Equipment used for carving, cutting; drilling, surface
grinding, planing, routing, sanding, sawing, shredding, or
turning of wood, or the pressing or storing of sawdust,
wood chips or wood shavings.
(8) Laundry dryers, extractors or tumblers used for fabrics cleaned
only with water solutions of bleach or detergents.
(9) Vacuum producing devices used in laboratory operations or
in connection with other equipment which is exempt by Rule
2.2.
Steam generators, steam superheaters, water boilers, 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 gas.
(4) Hot fuel or wood products.
Natural draft hoods, natural draft stacks or natural draft venti-
1ators.
Containers, reservoirs, or tanks used exclusively for:
(1) Storage of liquefied gases.
(2) The storage of fuel oils with a gravity of 25° API or lower.
(3) The storage of lubricating oils.
(4) The storage of fuel oils with a gravity of 40° API or lower
and having capacity of 10,000 gallons or less.
(5) The storage of organic liquids, except gasoline, normally
used as solvents, diluents or thinners, inks, colorants,
paints, lacquers, enamels, varnishes, liquid resins or other
surface coatings, and having a capacity of 6,000 gallons or
less.
(6) The storage of liquid soaps, liquid detergents, vegetable
oils, waxes or wax emulsions.
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(7) The storage of asphalt.
(8) The storage of gasoline having a capacity of less than 250
gallons.
(9) Transporting materials on streets or highways.
K. Crucible furnaces, pot furnaces or induction furnaces, with a capa-
city of 1,000 pounds or less each, in which no sweating or distilling
is conducted and from which only precious metals are poured or in
which only precious metals are held in molten state.
L. Vacuum cleaning systems used exclusively for Industrial, commercial,
or residential housekeeping purposes.
M. Structural changes which cannot change the quality, nature, or
quantity of air contaminant emission.
N. Repairs or maintenance not involving structural changes to any
equipment for which a permit has been granted.
0. Identical replacements in whole or in part of any article, machine,
equipment, or other contrivance where a Permit to Operate had pre-
viously been granted for such equipment under Rule 2.1.
P. Self propelled mobile construction equipment other than pavement
burners.
(3.0) RULE 2.3 Transfers
An Authority to Construct or Permit to Operate shall not be transferable,
whether by operation of law or otherwise from one location to another, or
from one piece of equipment to another, except on written approval of the
Air Pollution Control Officer.
(3.0) RULE 2.4 Applications
Every application for an Authority to Construct or Permit to Operate,
required under Rule 2.1, shall be filed in the manner and form prescribed
by the Air Pollution Control Officer and shall give all the information
necessary to enable the Air Pollution Control Officer to make the deter-
mination required by Rule 2.8 hereof.
(3.0) RULE 2.5 Cancellation of Applications
A. An Authority to Construct shall expire and the application shall
be cancelled two (2) years from the date of issuance of the Authority
to Construct.
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B. An application for Permit to Operate existing equipment shall be
cancelled two (2) years from the date of filing of the application.
(3.0) RULE 2.6 Action on Application
The Air Pollution Control Officer shall act, within a reasonable time, on
an application for Authority to Construct or Permit to Operate and shall
notify the applicant in writing of his approval, conditional approval,
or denial.
(9.0) RULE 2.7 Provision of Sampling and Testing Facilities
A person operating or using any article, machine, equipment, or other
contrivance for which these rules require a permit, shall provide and
maintain such sampling and testing facilities as specified in the Author-
ity to Construct or Permit to Operate.
(3.0) RULE 2.8 Standards for Granting Applications
A. The Air Pollution Control Officer shall deny an Authority to Construct
or Permit to Operate except as provided in Rule 2.9, if the appli-
cant does not show that every article, machine, equipment, other con-
trivance, or multi-component system, 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 emitting or without caus-
ing to be emitted air contaminants in violation of Sections 24242 or
24243, Health and Safety Code, or of these Rules and Regulations.
B. Before an Authority to Construct or a Permit to Operate is granted,
the Air Pollution Control Officer may require the applicant to
provide and maintain such facilities as are necessary for sampling
and testing purposes in order to secure information that will dis-
close the nature, extent, quantity or degree of air contaminants
discharged into the atmosphere from the article, machine, equipment
or other contrivance described in the Authority to Construct or
Permit to Operate. In the event of such requirements, the Air
Pollution Control Officer shall notify the applicant in writing of
the required size, number and location of sampling holes; the size
and location of the sampling platform; the access to the sampling
platform; and the utilities for operating the sampling and testing
equipment. The platform and access shall be constructed in accor-
dance with the General Industry Safety Orders of the State of
California.
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C. In acting upon a Permit to Operate, if the Air Pollution Control
Officer finds that the article, machine, equipment, or other contri-
vance has been constructed not in accordance with the Authority
to Construct, he shall deny the Permit to Operate. The Air Pollu-
tion Control Officer shall not accept any further application for
Permit to Operate the article, machine, equipment, or other contri-
vance so constructed until he finds that the article, machine, equip-
ment or other contrivance has been reconstructed in accordance with
the Authority to Construct.
(3.0) RULE 2.9 Conditional Approval
The Air Pollution Control Officer may issue an Authority to Construct or
a Permit to Operate, subject to conditions which will bring the operation
of any article, machine, equipment or other contrivance within the
standards of Rule 2.8, in which case the conditions shall be specified
in writing. Commencing work under such an authority to construct or
operation under such a permit to operate, shall be deemed acceptance of
all the conditions so specified. The Air Pollution Control Officer shall
issue an Authority to Construct or a Permit to Operate with revised
conditions upon receipt of a new application, if the applicant demonstrates
that the article, machine, equipment or other contrivance can operate
within the standards of Rule 2.8 under the revised conditions.
(3.0) RULE 2.10 Denial of Applications
In the event of denial of an Authority to Construct or Permit to Operate,
the Air Pollution Control Officer shall notify the applicant in writing
of the reasons therefor. Service of the notification may be made in
person or by mail, and such service may be proved by the written acknow-
ledgment of the persons served or affidavit of the person making the
service. The Air Pollution Control Officer shall not accept a further
application unless the applicant has complied with objections specified
by the Air Pollution Control Officer as his reasons for denial of the
Authority to Construct or the Permit to Operate.
(3.0) RULE 2.11 Further Information
Before acting on anapplication for Authority to Construct or Permit to
Operate, the Air Pollution Control Officer may require the applicant to
furnish further information or further plans or specifications.
(3.0) RULE 2.12 Appeals
Within ten (10) days after notice, by the Air Pollution Control Officer,
of denial or conditional approval of an Authority to construct or Permit
to Operate, the applicant may petition the Hearing Board, in writing, for
a public hearing. The Hearing Board, after notice and a public hearing
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held within thirty (30) days after filing the petition, may sustain or
reverse the action of the Air Pollution Control Officer; such order may
by made subject to specified conditions.
(14.0) RULE 2.13 Regulation for Public Availability of Emission Data
A. The owner or operator of any stationary source in the Si skiyou
County Air Pollution Control District shall, upon notification from
the Control Officer maintain records of the nature and amounts of
emission from such source and/or any other information as may be
deemed necessary by the Control Officer to determine whether such
source is in compliance with applicable emission limitations or
other control measures.
B. Emission data obtained from owners or operators of stationary
sources pursuant to this will be correlated with applicable emission
limitations and other control measures and will be available to the
public during normal business hours at the Air Pollution Control
District office.
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REGULATION III - FEES
(2.0) RULE 3.1 Hearing Board Fees
To be established by resolution of the Board of Supervisors.
(2.0) RULE 3.2 Permit Fees
To be established by resolution of the Board of Supervisors,
(2.0) RULE 3.3 Schedule of Fees (adopted by resolution of the Board of
Supervisors.)
A. Filing Fee Every applicant, except any state or local governmental
agency or public district, for an Authority to Construct or a Permit
to Operate any article, machine, equipment, or other contrivance,
for which an Authority to Construct or a Permit to Operate is
required by the Rules and Regulations of the Air Pollution Control
Distric, shall pay a filing fee of $20.00. Where an application
is filed for a permit to operate any article, machine, equipment,
or other contrivance by reason of transfer from one person to
another, and where a Permit to Operate had previously been granted
under Rule 2.1 and no alteration, addition or transfer of location
has been made, the applicant shall pay only a $10.00 filing fee.
B. Permit Fee An applicant for a Permit to Operate shall pay in
addition to the filing fee prescribed herein, the fee for the issuance
of a Permit to Operate in the amount prescribed in the following
schedules, provided however, that the filing fee shall be applied
to the fee prescribed for the issuance of the permit.
C. Cancellation or Denial If an application for a permit is cancelled,
or 1f a permit is denied and such denial becomes final, the filing
fee required herein shall not be refunded nor applied to any sub-
sequent application.
D. Alteration of Equipment Where an application is filed for a permit
involving alteration of equipment, including when a change in
ownership or location occurs, the applicant shall be assessed a fee
based upon any increases for which fees are established in the fee
schedules contai-ned herein. Where the application 1s for transfer
of location or ownership and no alteration or addition has been made,
the applicant shall pay the filing fee of $20.00.
E. Permit Fee Penalty When the permit is issued it shall be accompanied
by a statement of the fee to be paid. If the fee is not paid within
thirty (30)days after the permit is issued, the fee shall be
increased by one-half the amount and the Air Pollution Control
Ufficer shall notify the applicant of the increased fee by mail.
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Non-payment of the increased fee within sixty (60) days after
the permit is issued shall result in the automatic cancellation
of the application and the permit shall be void.
F. Permit Granted by Hearing Board In the event that a Permit to
Operate is granted by the Hearing Board after denial by the
Air Pollution Control Officer or after the applicant deems his
application denied, the applicant shall pay the fee prescribed in
the following schedules within thirty (30)days after the date of the
decision of the Hearing Board. Non-payment of the fee within this
period of time shall result in automatic cancellation of the permit
and application.
G. Duplicate Permit A request for a duplicate Permit to Operate shall
be made in writing to the Air Pollution Control Officer within ten
(10) days after the destruction, loss or defacement of a Permit to
Operate and shall contain the reason a duplicate permit is being
requested. A fee of $5.00 shall be paid for issuing a duplicate
Permit to Operate.
H. Permit Fee Schedules The following permit fee schedules are to be
paid by each applicant for a Permit to Operate. It is not anticipated
that these fees will cover the cost of maintaining a permit system,
including periodic inspection. In determining the fees to be charged
the equipment within each process that requires a permit will be
totaled for each schedule. In the event that more than one fee
schedule is applicable to a Permit to Operate, the governing schedule
shall be that which results in the highest fee. If the permit is for
a multi-component system, the total fee shall be based on the total
of all components, not to exceed $500.00 maximum for each multi-
component system.
(1) Electric Motor Horsepower Schedule Any equipment not exempted
by Rule 2.2 which may cause the emission of air contaminants,
where an electric motor is used as the power supply, shall be
assessed a permit fee based on the total rated motor horse-
power of all such electric motors included in any such equipment,
in accordance with the following schedule.
Horsepower Fee
up to and including 5 $ 10.00
greater than 5 but less than 25 15.00
25 or greater but less than 50 25.00
50 or greater but less than 75 37.50
75 or greater but less than 100 . . 50.00
100 or greater but less than 150 62.50
150 or greater but less than 200 75.00
200 or greater but less than 400 100.00
400 or greater but less than 800 150.00
800 or greater but less than 1600 200.00
1600 or greater 250.00
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(2) Fuel Burning Equipment Schedule Any equipment not exempted by
Rule 2.2 which may cause the emission of air contaminants, in
which fuel is burned (with the exception of incinerators which
are covered below), shall be assessed a permit fee based upon
the design fuel consumption of the equipment in thousands of
British Thermal Units (BTU) per hour, using gross heating
values of the fuel, in accordance with the following schedule:
1000 British Thermal
Units Per Hour Fee
up to and including 150 $ 10.00
greater than 150 but less than 500 15.00
500 or greater but less than 1,500 25.00
1,500 or greater but less than 5,000 50.00
5,000 or greater but less than 15,000 75.00
15,000 or greater but less than 50,000 100.00
150,000 or greater but less than 500,000 200.00
500,000 or greater 250.00
(3) Electrical Energy Schedule Any equipment not exempted by
Rule 2.2 which may cause the emission of air contaminants,
which uses electrical energy (with the exception of
electric motors), shall be assessed a permit fee based on the
total kilovolt ampere (KVA) ratings, in accordance with the
following schedule:
Kilovolt Amperes Fee
up to and including 45 $ 10.00
greater than 45 but less than 145 15.00
145 or greater but less than 450 . 25.00
450 or greater but less than 1,450 50.00
1,450 or greater but less than 4,500 75.00
4,500 or greater but less than 14,500 100.00
14,500 or greater but less than 45,000 150.00
45,000 or greater but less than 145,000 200.00
145,000 or greater 250.00
(4) Incinerator Schedule Any equipment not exempted by Rule 2.2
which may cause the emission of air contaminants, designed
and used primarily to dispose of combustible refuse by
wholly consuming the material charged leaving only the ashes
or residue, (with the exception of such devices used
exclusively as a dwelling for not more than four families),
shall be assessed a permit fee based on the following
schedule of the maximum horizontal inside cross sectional
area, in square feet, of the primary combustion chamber:
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Area, in Square Feet Fee
up to and including 3 $ 7.50
greater than 3 but less than 6 10.00
6 or greater but less than 9 15.00
9 or greater but less than 16 25.00
16 or greater but less than 27 35.00
27 or greater but less than 47 50.00
47 or greater but less than 90 75.00
90 or greater but less than 200 100.00
200 or greater 125.00
(5) Stationary Container Schedule Any stationary
tank, reservoir, or other container not exempted by
Rule 2.2 which may cause the emission of air contaminants
shall be assessed a permit fee based on the following
schedule of capacities in gallons or volumetric equivalent:
Gal 1ons Fee
up to and including 4,000 $ 15.00
greater than 4,000 but less than 40,000 25.00
40S000 or greater but less than 400,000 50.00
400,000 or greater but less than 4,000,000. . . . 65.00
4,000,000 or greater 75.00
(6) Miscellaneous Schedule Any euqipment not exempted by
Rule 2.2 which may cause the emission of air contaminants,
which is not included in the proceeding schedules shall be
assessed a permit fee of $20.00.
(7) Analysis Fees When the Air Pollution Control Officer finds
that analysis of the emissions from any source is necessary
to determine the extent and amount of pollutants being
discharged into the atmosphere which cannot be determined
by visual observation, he may order that samples be collected
and analysis be made by qualified personnel. The time required
for collecting samples, making the analysis, and preparing the
necessary reports, shall be charged against the owner or
operator of said premises as a reasonable sum to be determined
by the Air Pollution Control Officer. This amount may not
exceed the actual cost Of such work.
(8) Technical Reports - Charges for Information, circulars,
reports of technical work, and other reports prepared by the
air pollution control district when supplied to other
governmental agencies or individuals .or groups requesting copies
of the same may be charged for by the district in a sum not to
exceed the cost of preparation and distribution of such documents.
All such monies collected shall be turned into the general fund
of the district.
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(9) Every applicant or petitioner for a variance or for the
extension, revocation or modification of a variance, except
any state or local governmental agency or public district,
shall pay to the clerk of the Hearing Board, on filing, a
non-refundable fee of $40.00. Such fees shall be determined
pursuant to Section 24293.
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REGULATION IV - PROHIBITIONS
(50.1.2) RULE 4.1 Visible Emission Section 24242
A person shall not discharge into the atmosphere from any single source
of emission whatsoever, any air contaminant for a period or periods
aggregating more than three minutes in any one hour which is:
A. As dark or darker in shade as that designated as No. 2 on the
Ringelmann Chart as published by the United States Bureau of
Mines.
B. Of such opacity as to obscure an observer's view to a degree equal
to or greater than does smoke described in subsection (A) of this
section.
(50.1.2) RULE 4.1-1 Exceptions to Visible Emission Section 24242
.A. Section 24245. The provisions of Section 24242 do not apply to smoke
from fires:
(1) Set by or permitted by any public officer if such fire is set
or permission given in the performance of the official duty of
such officer, and such fire in the opinion of such officer is
necessary:
(a) For the purpose of the prevention of a fire hazard which
cannot be abated by any other means.
(b) The instruction of public employees in the methods of
fighting fires.
(c) For the improvement of watershed, range, or pasture.
(2) Set pursuant to permit on property used for industrial purposes
for the purpose of instruction of employees in methods of
fighting fire.
B. Section 24251. The provisions of Section 24242 do not apply to:
(1) Agricultural operations in the growing of crops, or raising of
fowl or animals.
(2) The use of an orchard or citrus grove heater which does not
produce unconsumed solid carbonaceaous matter at a rate in
excess of one (1) gram per minute.
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(3) The use of other equipment in agricultural operations in
growing or crops, or raising of fowl or animals.
C. Section 24245.1. Set pursuant to an open burning permit issued by
the Air Pollution Control Officer.
(50.7) RULE 4.2 Nuisance Section 24243
No person shall discharge from any non-vehicular source whatsoever, such
quantities of air contamiants or other material which cause injury, detri-
ment, nuisance or annoyance to any considerable number of persons or to
the public or which endanger the comfort, repose, health or safety of
any such persons or the public or which cause or have a natural tendency
to cause injury or damage to business or property.
(50.7) RULE 4.2-1 Exceptions to Section 24243. Nuisance
A. Section 24251.1. The provisions of Section 24243 relating to odors
do not apply to odors emanating from agricultural operations in the
growing of crops or raising of fowl or animals.
B. Section 29077.4. All exceptions as called out in visible emissions
section.
(51.13) RULE 4.3 Open Fires. Section 39296
No person shall, after December 31, 1971, use open fires for the purpose
of disposal of petroleum wastes, demolition debris, tires, tar, trees,
wood waste, or other combustible or flammable solid or liquid waste, or
for metal salvage or burning of automobile bodies.
(51.13) RULE 4.3-1 Exceptions to Section 39296 Open Fires
A. Section 39297 - Nothing in these Rules and Regulations 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.
(b) The instruction of public employees in the methods of
fighting fire.
(c) Set pursuant to permit on property used for industrial
purposed for the purpose of instruction of employees in
the methods of fighting fires.
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(2) To set or cause to be set backfires necessary to save life or
valuable property pursuant to Section 4426 of the Public
Resources Code.
(3) To abate fires pursuant to Chapter 2, Part 1, Division 12
(commencing with Section 13025) of the California Health and
Safety Code.
B. Section 39297.2., Nothing in these Rules and Regulations shall be
construed as prohibiting burning for the disposal of combustible
or flammable solid waste of a single or two-family dwelling on its
premises.
C. Section 39297.3. Nothing in these Rules and Regulations shall be
construed to prohibit burning for right-of-way clearing by a public
entity or utility or for levee and ditch maintenance.
D. Section 39297.4, The Boards upon approval from the State Air
Resources Board, shall permit a city, city and county, or county
to use open outdoor fires for a limited time only, in its operation
of a solid waste dump, upon the finding that because of sparse pop-
ulation in the geographical area and economic and technical diffi-
culties, the solid waste dump should be so operated.
(50.1) RULE 4.4
No person shall discharge from any single source whatsoever particulate
matter in excess of 0.3 grain per cubic foot of gas at standard conditions.
(50.0) RULE 4.5 Specific Air Contaminants
No person shall discharge from any single source whatsoever any one or
more of the following contaminants in any state or combination thereof,
exceeding in concentration at the point of discharge:
A. Sulphur compounds calculated as sulphur dioxide-0.2 percent, by
volume.
B. Combustion contaminants - 0.3 grain per cubic foot of gas calculated
to 12 percent of carbon dioxide at standard conditions. In measuring
the combustion contaminants from incinerators used to dispose of
combustible refuse by burning, the carbon dioxide produced by com-
bustion of any liquid or gaseous fumes shall be excluded from the
calculation to 12 percent of carbon dioxide.
C. Fluorine compounds - emissions shall not exceed 2.5. milligrams per
cubic meter gas at standard conditions.
D. Sulfides - after December 31, 1973 no person shall discharge total
reduced sulfur from any recovery boiler in excess of 60.0 ppm.
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After December 31,1973 no person shall discharge total reduced sulfur
from any other source in excess of one pound per ton of dry wood
charged.
E. Oxides of nitrogen - no person shall discharge oxide of nitrogen in
excess of 140 pounds per hour for new or expanded installations,
calculated as nitrogen dioxide (N02).
(50.1.3) RULE 4.6 Dust and Fumes
A person shall not discharge in any one hour from any source whatsoever,
dust or fumes in total quantities in excess of the amount shown in the
following table: To use the following table, take the process weight per
hour, as such is defined in Rule 1.2 (R). Then find this figure on the
table, opposite, which is the maximum number of pounds of contaminants
which may be discharged into the atmosphere in any one hour. As an
example, if (A) has a process which emits contaminants into the atmosphere
and which process takes 3 hours to complete, he will divide the weight
of all materials in the specific process, in this example, 1500 IDS. x 3,
giving a process weight per hour of 500 IDS. The table shows that (A)
may not discharge more than 1.771bs. in any one hour during the process.
Where the process weight per hour falls between figures in the left hand
column, the exact weight of permitted discharge shall be interpolated.
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TABLE
Process
Vlt/hr (Ibs)
50
100
150
200
250
300
350
400
450
500
550
600
650
700
750
800
850
900
950
1000
1100
1200
1300
1400
1500
1600
1700
1800
1900
2000
2100
2200
2300
2400
2500
2600
2700
2800
2900
3000
3100
3200
3300
Maximum weight
Disch/hr (Ibs)
.24
.46
.66
.85
1.03
1.20
1.35
1.50
1.63
1.77
1.89
2.01
2.12
2.24
2.34
2.43
2.53
2.62
2.72
2.80
2.97
3.12
3.26
3.40
3.54
3.66
3.79
3.91
4.03
4.14
4.24
4.34
4.44
4.55
4.64
4.74
4.84
4.92
5.02
5.10
5.18
5.27
5.36
Process
Wt/hr (Ibs)
3400
3500
3600
3700
3800
3900
4000
4100
4200
4300
4400
4500
4600
4700
4800
4900
5000
5500
6000
6500
7000
7500
8000
8500
9000
9500
10000
11000
12000
13000
14000
15000
16000
17000
18000
19000
20000
30000
40000
50000
60000
or
more
Maximum weight
Disch/hr (Ibs)
5.44
5.52
5.61
5.69
5.77
5.85
5.93
6.01
6.08
6.15
6.22
6.30
6.37
6.45
6.52
6.60
6.67
7.03
7.37
7.71
8.05
8.39
8.71
9.03
9.36
9.67
10.0
10.63
11.28
11.89
12.50
13.13
13.74
14.36
14.97
15.58
16.19
22.22
28.3
34.3
40.0
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(2.0) RULE 4.7 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 contaminant to the atmosphere,
reduces or conceals an emission which would otherwise constitute a vio-
lation.
(2.0) RULE 4.7-1 Exception to Circumvention
Violations of Rule 42. (Nuisance) are excepted from Rule 4.7.
(9.0) RULE 4.8 Analyses Required
The Air Pollution Control Officer, at any time, may require from any
person subject to the regulations of the Board, such information and/or
analyses as will disclose the nature, extent, quantity or degree of air
contaminants which are or may be discharged by such source and it is
required that such disclosures be certified by a professional engineer
registered in the state of California. Such studies shall be at the
expense of the person causing the emission or planning such emission.
(51.16) RULE 4.9 Gasoline Storage Section 39068.2
A. Any person who, after December 31, 1970, loads or permits the load-
ing of gasoline into any stationary tank with a capacity of 250
gallons or more from any tank truck or trailer, except through a
permanent submerged fill pipe, unless such tank is a pressure tank
as described in Section 39068.3, or is equipped with a vapor recovery
system as described in Section 39068.4 or with a floating roof as
described in Section 39068.5 or unless such tank is equipped with
other apparatus of equal efficiency which has been approved by the
Air Pollution Control Officer is guilty of a misdemeanor.
B. Any person who installs any gasoline tank with a capacity of 250
gallons or more which does not meet these requirements is guilty
of a misdemeanor.
C. these requirements shall not apply to any stationary tank installed
prior to December 31, 1970.
D. For the purpose of this section, "gasoline" means any petroleum
distillate having a Reid vapor pressure of four pounds or greater.
E. For the purpose of this section "submerged fill pipe" means any
fill pipe which has its discharge opening entirely submerged when
the liquid level is six inches above the bottom of the tank.
"Submerged fill pipe", when applied to a tank which is loaded from
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the sides means any fill pipe which has its discharge opening
entirely submerged when the liquid level is 18 inches above the
bottom of the tank.
F. These sections shall not apply to any stationary tank which is used
primarily for the fueling of implements of husbandry, as such vehi-
cles are defined in Division 16 (commencing with Section 36000)
of the Vehicle Code.
(50.0) RULE 4,10 Combination of Emissions
A. If air contaminants from two or more source operations are combined j
prior to emission and there are adequate and reliable means reason-
ably susceptible to confirmation and use by the control officer for
establishing a separation of the components of the combined emission i
to indicate the nature, extent» quantity and degree of emission
arising from each such source operation, this regulation 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 emisions cannot be separated
according to the requirements of Rule 4.10 (a), this regulation
shall be applied to the combined emission as if it originated in
a single source operation subject to the most stringent limitations
and requirements places by this Regulation on any of the source
operations whose air contaminants are so combined.
(50.0) RULE 4.11 Separation of Emission
If air contaminants from a single source operation are emitted through two
or more emission points, the total emitted quantity of any air contaminant,
limited in this regulation cannot exceed the quantity which would be the
allowable emission though a single emission point; and the total emitted
quantity of any such air contaminant shall be taken as the product of
the highest concentration measured in any of the emission points and the
exhaust gas volume through the source operation establishes the correct
total emitted quantity.
(51.21) RULE 4.12 Reduction of Animal Matter
A person shall not operate or use any equipment for the reduction of animal
matter unless all gases, vapors and gas-entrained effluents from such
equipment are:
A. Incinerated at temperatures of not less than 1200 degrees Fahrenheit1
for a period of not less than 0.3 second, or
B. Processed in such a manner determined by the air pollution control
officer of air pollution control.
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C. For the purpose of this rule; "reduction" is defined as any heated
process, including rendering, cooking, drying, dehydrating, digest-
ing, evaporating, and protein concentrating.
D. The provisions of this rule shall not apply to any equipment used
exclusively for the processing of food for human consumption.
A person incinerating or processing gases, vapors or gas entrained
effluents pursuant to this rule shall provide, properly install and main-
tain in calibration, in good working order and in operation, devices, as
specified in the permit or as specified by the air pollution control
officer, for indicating temperature, pressure or other operating conditions.
(51.1) RULE 4.13 Orchard and Citrus Heaters, Section 39298.7
No new orchard or citrus heater produced or manufactured shall be sold
for use against frost damage unless it has been approved by the Air
Resources Board. No person shall use any orchard or citrus heater after
January 1, 1972, unless it has been approved by the Air Resources Board,
or does not produce more than one gram per minute of unconsumed solid
carbonaceous material.
(50.1.2) RULE 4.14 Uncombined Water
When the presence of uncombined water is the only reason for the failure
of an emission to meet the limitation of the visible emissions limitation
(Section 24242), that rule shall not apply. The burden of proof which
established the application of this exception shall be upon the person
seeking to come within its provisions.
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REGULATION V - PROCEDURE BEFORE THE HEARING BOARD
(2.0) RULE 5.1 Applicable Articles of the Health and Safety Code
The provisions of Article 5 and 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 5.2 General
This procedure shall apply to all hearings before the Hearing Board of the
Air Pollution Control District.
(2.0) RULE 5.3 Filing Petitions
Request for a hearing shall be initiated by the filing of a petition in
triplicate with the Clerk of the Hearing Board who shall be the Countv
Clerk acting ex-officio, and the payment to said Clerk of the fee.provided
in Rule 3.1. No fee shall be required for the filing of a petition by
a public agency or a public officer acting in scope of his official
capacity.
(2.0) RULE 5.4 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 notice.
B. Whether the petitioner is an individual, co-partnership, corporation,
or other entity; names and addresses of partners if a co-partnership;
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 is conducted.
D. A brief description of the article, machine, equipment or other
contrivance, if any involved in the application.
E. Whether the petitioner desired a hearing:
(1) For a variance under Seciton 24292. Health and Safety Code.
(2) For an alleged violation.
(3) Other matter specified in Division 20, Chapter 2, Health and
Safety Code.
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F. Each petition shall be signed by the petitioner, or some person on
his behalf, and where the person 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.
H. In the event that the Petitioner desires a hearing for an alleged
violation pursuant to the provisions of Rule 5.4 (E), said petition
shall contain the following statements:
(1) Statement required by Rule 5.4 (A)
(2) Statement required by Rule 5.4 (B)
(3) Statement required by Rule 5.4 (C)
(4) Statement required by Rule 5.4 (D)
(5) The exact date and hour upon which the alleged violation took
place and the duration of the alleged violation, or, alterna-
tively, the exact duration of the time of observation of the
alleged violation.
(6) The precise location of the alleged violation and the loca-
tion of the observer or observers of said alleged violation.
(7) A statement as to the exact nature of the violation including,
but not limited to, a definitive statement of the nature of
the contaminant involved in said alleged violation.
(8) A statement setting forth the section of the Air Pollution
Control Ordinance which is alleged to have been violated.
(9) A statement of the results of any scientific or technical tests
used by the petitioner in support of his claim of alleged
violation. The date, time, place, and circumstances of the
taking of said tests, along with the name or names and addres-
ses of all persons participating in the making of said tests.
(10) The name or names of all persons who were witnesses to the
alleged act of violation.
(11) Statement required by Rule 5.4 (F).
(12) The form required by Rule 5.4 (G).
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(5.0) RULE 5.5 Petition for Variances
In addition to the matters required by Rule 5.4, Petition for Variance
shall state briefly:
A. The section, rule, or order complained of.
B. The facts showing why compliance with the section, rule, or order
is reasonable.
C. For what period of time the variance is sought and why.
D. The damage or harm resulting or which would result to petitioners
from a compliance with such section, rule, or order.
E. The requirements which petitioner can meet and the date when petiti-
oner can comply with such requirements.
F. The advantages and disadvantages to the residents of the district
resulting from granting a variance.
(2.0) RULE 5.6 Failure to Comply with Rules
The Clerk of the Hearing Board shall not accept for filing any petition
which does not comply with these rules relating to the form filing, and
service of petitions.
(2.0) RULE 5.7 Answers
Any interested person may file an answer within ten (10) days after
service.
(2.0) RULE 5.8 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 5.9 Place of Hearing
i
All hearings shall be held at the time and place designated by the Hearing
Board.
(16.0) RULE 5.10 Notice of Hearing
The Clerk of the Hearing Board shall mail or deliver a notice of hearing
to the petitioner, the Air Pollution Control Officer, the holder of the
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permit or variance involved, if any, and to any person entitled to notice
under Sections 24275, 24295, or 24299, Health and Safety Code.
(2.0) RULE 5.11 Rules and 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 witness on any matter
relevant to the issues, and to rebut the evidence against him.
C. The formal rules of evidence or procudure which must be followed
in a court proceeding shall not 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 in itself
to support a finding unless it would be admissible over objection in
civil action. 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.
(13.0) RULE 5.12 Record of Proceedings
A record of all proceedings before the Hearing Board shall be made. The
record shall be a written summary of all the evidence, testimony and pro-
ceedings presented at the hearing made by a person designated by the Hear-
ing Board for that purpose. One copy of such transcript, certified to
by the recorder as to its accuracy, shall be forwarded to the Air
Pollution Officer.
(2.0) RULE 5.13 Preliminary Matters
Preliminary matter such as setting a date for hearing, granting continu-
ances, approving petitions for filing, allowing amendments and other
preliminary rulings not determinative of the merits of the case, may be
made by the Chariman or any two members of the Hearing Board without a
hearing or meeting of the Hearing Board and without notice.
(2.0) RULE 5.14 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 5.15 Continuances
The Chairman or any two members of the Board shall grant any continuance
of fifteen (15) days or less, concurred in by petitioner, and the Air
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Pollution Control Officer, and may grant any reasonable continuance; in
either case, such action may be exparte, without a meeting of the Hearing
Board and without prior notice.
(2.0) RULE 5.16 Hearing and Decision
All hearings shall be held by two or more members of the Board. The
decision shall be in writing served and filed within fifteen (15) days
after submission of the cause by the parties thereto and shall contain a
brief statement of facts found to be true, the determination of the
issues presented, and the order of the Hearing Board. A copy shall be
mailed or delivered to the Air Pollution Control Officer and the
Petitioner.
(2.0) RULE 5.17 Effective Date of Decision
The decision shall become effective fifteen (15) days after delivering or
mailing a copy of the decision, as provided in Rule 5.15, or the Hearing
Board may order that the decision shall become effective sooner.
(16.0) RULE 5.18 Issuance of Subpoenas Subpoenas Puces Tecum
Whenever the members of the Hearing Board conducting any hearing deem
jit necessary to examine any person as a witness at such hearing, the
Chairman of the Hearing Board shall issue a subpoena, in proper form
commanding 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 pro-
duce all books, papers, and documents in his possession or under his con-
trol to such hearing.
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Siskiyou County
Air Pollution Control District
Proposed
IMPLEMENTATION PLAN
(51.13) FOR
AGRICULTURAL BURNING
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(2.0) INTRODUCTION
Burning has been a tool used in agriculture for many years. It has been
used to control weeds and pests and dispose of waste material. Alterna-
tives have been developed in some instances but additional research is
needed to develop techniques that may completely eliminate the need for
open burning.
This plan was developed with the understanding that alternatives to open
burning will be used in all possible cases, and that burning will be used
only as a last resort. Without the development and utilization of alter-
natives,, this plan will not reduce the quantity of air contaminants dis-
charged into the atmosphere, but will only aide in the dispersion and
dilution of them.
(2.0) GENERAL
In accordance with Section 39298.8 of the California Health and Safety |
Code, each district in the State shall adopt an implementation plan j
consistent with the Agricultural Burning Guidelines. Local authorities,
within each basin, may jointly adopt an implementation plan for their
combined areas. !
The plan shall be adopted by regulation and any violation of the provisions
of the plan is a misdemeanor punishable by imprisonment in the county !
jail not exceeding six (6) months, or by a fine not exceeding five-
hundred ($5000.), or both, and the cost of extinguishing the fire. Every
day during any portion of which such offense occurs constitutes a separate
offense.
The fire control agency designated by the Board and having jurisdiction
over the site of the burn and the air pollution control district shall
enforce these Rules and Regulations.
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(1.0) DEFINITIONS
A. "Agricultural burning" means open outdoor fires used in agricultural
operations in the growing of crops or raising of fowl or animals,
forest management, or range improvement, or used in improvement of
land for wildlife and game habitat (Section 39295.6 of the California
Health and Safety code).
B. "Open burning in agricultural operations in the growing of crops or
raising of fowl or animals" means:
1. The burning in the open of materials produced wholly from
operations in the growing and harvesting of crops or raising
of fowl or animals for the primary purpose of making a profit,
or instruction by an educational institution; and
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 material 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.
Examples are fertilizer and empty pesticide sacks or con-
tainers, where the sacks or containers are emptied in the
field.
C. "Range improvement burning" means the use of open fires to remove
vegetation for wildlife, game or livestock habitat or for the initial
establishment of an agricultural practice on previously uncultivated
land.
D. "Forest management burning" means the use of open fires, as part of
a forest management practice, to remove forest debris. Forest manage-
ment practice include timber operations, silvicultural practices or
forest protection practices.
E. "Brush treated" means that the material to be burned has been felled,
crushed or uprooted with mechanical equipment, or has been desicated
with herbicides.
F. "Timber operations" means cutting or removal, or both, of timber or
other forest vegetation.
G. "Silvicultural" means the establishment, development, care and repro-
duction of stands of timber.
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H. "Board" means the State Air Resources Board, or any person authorized
to act on its behalf.
I. "Designated agency" means any agency designated by the Board as
having authority to issue agricultural burning permits. The U.S.
Forest Service, and the California Division of Forestry are so
designated within their respective area of jurisdiction.
J. A "no-burn" day means any day on which agricultural burning is pro-
hibited by the Board or the local district.
K. A "permissive-burn" day means any day on which agricultural burning
is not prohibited by the Board.
L. "District" means the Siskiyou County Air Pollution Control District.
M. "Approved ignition device" included those instruments or material
that will ignite agricultural waste without the production of black
smoke by the ignition device. This would include such items as
liquid petroleum gas, butane, propane, or diesel oil burners, flare
and petroleum fuel boosters (blivets) but does not include the use
of tires, tar paper, oil and other similar materials.
N. "Permit" means an Agricultural burning permit issued pursuant to the
Siskiyou County Air Pollution Control District's Rules and Regulations.
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(51.13) NOTIFICATION OF BURNING CONDITIONS
A. Commencing December 20, 1972, a notice as to whether a day is per-
missive-burn day or a no-burn day will be provided to the District
by the California Air Resources Board each morning by 0745. This
notice will be incorporated in a normal weather report and will be
transmitted to the general public by announcement over local radio
stations, television stations and the weather service VHP network.
B. An advisory forecast as to whether the following day will be a permi-
sive-burn or no-burn day will be provided to the local District by
the California Air Resources Board each afternoon at 1300. This
notice will also be incorporated in weather reports to local news
media.
C. Upon requests from a permittee through a designated agency, seven
days in advance of a specific range improvement burn or of a specific
forest management burn above 3,000 feet a permissive-burn or no-burn
notice will be issued by the 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.
D. A permissive-burn or no-burn advisory outlook will be available up
to 72 hours in advance of burns specified in the proceeding Section C.
E. The 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.
F. Burning forecast will be made covering the entire California North-
east Plateau Air Basin, however, more restrictive conditions may be
specified for the Siskiyou County Air Pollution Control District.
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(2.0) EXCEPTIONS
A. Open burning in agricultural operations in the growing of crops or
raising of fowl or animals at altitudes above 3,000 feet mean sea
level (msl), is exempt from the Agricultural Burning Implementation
Plan.
B. Agricultural burning in areas at altitudes above 6,000 feet msl is
exempt from the Agricultural Burning Implementation Plan.
C. Burning of agricultural related items such as, empty pesticide
containers and toxic fertilizer bags, may be permitted, by the Air
Polltuion Control Officer, on no-burn days. Burning will be done in
accordance with stated burning preparations and consideration for
fire danger.
D. The Air Pollution Control Officer may allow, by special permit,
agricultural burning on a no-burn day, if denial of such permit
would threaten imminent and substantial economic loss. The appli-
cant shall submit in writing, on a form provided, his reasons for the
exception.
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(15.0) ENFORCEMENT
A. No person shall knowingly set or permit any open burning operation
on days within a period prohibited by the California Air Resources
Board or the District.
B. Penalty - Any violation of the agricultural burning requirements
stated in these procedures is a misdemeanor, under Section 39299
of the California Health and Safety Code, punishable by imprisonment
in the County jail not exceeding six (6) months, or by fine not
exceeding five hundred dollars ($5000.) or both, and the cost of
putting out the fire. Every day, during any portion of which such
violation occurs constitutes a separate offense.
C. Procedures -
1. 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 section of regulations prohibiting such acts.
2. If violation exists
a. Action taken
(1) Obtain all pertinent information for report - name, ad-
dress, location of burn, material, wind direction, des-
cription 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 can not 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.
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(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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(2.0) PROHIBITIONS - General
A. No person shall knowingly set or permit agricultural burning unless
he has a valid permit from the designated agency in the area where
the burn will take place.
B. A permit shall not be issued to an applicant unless information
provided as required by the designated fire protection agency for
fire protection purposes.
C. A permit shall not be issued to an applicant unless information is
provided as required by the District.
D. All material to be burned shall be reasonably free of dirt, soil,
and excess moisture.
E. Wherever possible, wastes shall be piled or windrowed in such a
manner as to burn with maximum possible heat density and minimum
smoke.
F. All burning shall be ignited as rapidly as practicable within appli-
cable fire control restrictions.
G. All wastes shall be free of tires, tar paper, construction debris,
or other types of rubbish likely to cause excessive smoke or obnoxious
odors.
H. Special consideration shall be given to burning operations confined
to narrow inland river valleys where smoke containment may be re-
stricted within the river basin and greatly decrease the prevailing
visibility.
I. All materials to be burned shall be ignited with an approved ig-
nition device.
J. A permit shall not be valid for any day in which burning is pro-
hibited by the designated fire control agency having jurisdiction
over the site of the burn for the purposes of fire control or pre-
vention.
K. A permit shall be valid for only those days which agricultural burn-
ing is not prohibited by the Board or the District.
L. Open outdoor fires must be controlled to such an extent as is techni-
cally and economically feasible to meet all Federal and State air
quality standards pertaining to air pollutants created by open
burning operations.
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M. Material shall not be burned unless it has been allowed to dry for
the following minimum time periods:
1. Open burning in agriculture operations
a. Dry cereals: 0 days
b. Prunings and small branches: 3 weeks
c. Large branches (6 inches and larger) and trees: 8 weeks
2. Range improvement burning
a. Treated brush: as required by designated agency issuing
the permit.
b. Unwanted trees: 3 months
c. All unwanted trees over six (6) inches in diameter shall
be felled.
3. Forest management burning
a. As required by designating agency issuing the permit.
N. The Air Pollution Control Officer may restrict burning to selected
permittees on designated burn days if total tonnage to be ignited
would discharge a volume of contaminants into the atmosphere suffici-
ent to cause State ambient air quality standards to be exceeded.
0. Maximum care must be taken to keep smoke form drifting into pop-
ulated areas.
P. Permittee should not burn when winds exceed 20 miles per hour or
when weather conditions are unsafe to burn.
Q. All fires in any agricultural burning operation shall be started on
burn days.
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PROHIBITIONS I. Range Improvement Burning
A. Between January 1 and May 31, range improvement burning may be
conducted by permit on a NO-BURN DAY, providing that more than
5 acres of the land has been brush treated.
Notwithstanding the provisions in Subdivision A of this section,
the Board may prohibit range improvement burning during the period
designated by the district if in the opinion of the Board* such
prohibition is required for the maintenance of suitable air quality.
B. If the burning is to be done primarily for improvement of land for
wildlife and game habitat, no permit shall be issued unless the
applicant has filed with the District a statement from the Depart-
ment of Fish and Game, certifying that the burn is desirable and
proper.
C. The brush shall be treated if economically and technically feasible
prior to the burn.
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PROHIBITIONS II. Forest Management Burning
A. Unless good silvicultural practice dictates otherwise, material
shall not be burned until it has been windrowed or piled where
possible.
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(3.0) BURNING PERMITS - General
The public has been accustomed to obtaining burning permits from the
various fire protection agencies. There are stations strategically
located in most areas, and it would be logical to designate these
agencies as the person to issue the permits for agricultural burning.
These agencies would also be in the position to coordinate air quality
control criteria as well as fire protection criteria that would relate
to the agricultural burning.
A. The burning permit shall be prepared in sufficient copies to pro-
vide information to the various agencies of concern. The permitted
shall have his copy available for inspection at the burn site.
This procedure will minimize any charges of burning without a
valid permit.
B. In order to provide for proper control of the agricultural burning,
a separate permit shall be obtained for each burning operation as
well as for each different burn site. A burning operation may ex-
tend over several days, but it must be the same type of material
and on the same burn site.
C. The permit shall be issued for the length of time necessary to
complete the burning operation. The permittee shall contact the
local fire protection agency prior to each day's burn to determine
if it is an authorized burn day as well as informing them that a
burn is about to take place.
D. The application for a burning permit shall be reviewed by the
issuing agency. If the bum is likely to cause a nuisnace, or the
request is not consistent with agricultural burning, the permit
shall not be issued until approval is obtained from the Air Pollu-
tions Control District. A nuisance might be caused if the location
of the burn site and the direction of the prevailing winds will
direct the air contaminants toward an adjacent residential area.
E. Each permit issued pursuant to these procedures shall bear a state-
ment of warning containing the following words or words of like or
similar import:
"This permit is valid only on those days which agricultural
burning is not prohibited by the California Air Resources Board
pursuant to Section 29298 or the local air pollution control
district."
F. All burning permits will be issued by the designated fire control
agency having jurisdiction in the area of the proposed burn and
shall state thereon the type of material to be burned, estimated
tonnage or acreage of waste to be burned, and the classification
of burning under which the permit was issued.
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(13.0) AGRICULTURAL BURNING REPORTS
Either of the following methods may be used for the report.
1. The permittee shall be required to call the designating agency
issuing the permit prior to each burn. The designated agency shall
log the information required on the form provided by the Air Pollu-
tions Control District at the end of each month.
2. Reporting cards shall be provided by the Air Pollution Control
District to the designating agency for distribution. The permittee
shall complete a reporting card for the material burned each day
and mail the card within 28 hours.
3. Persons requesting advance notification for a specific range im-
provement burn or of a specific forest management burn above 3,000
j feet shall submit to the California Air Resources Board a notifi-
•v cation request card which may be obtained at the designated
agencies.
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