U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-296 696
Air Pollution Regulations in State
Implementation Plans: California,
Stanislaus County
Abcor, Inc, Wilmington, MA Walden Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NC
Programs Development Div
Aug 78
Control
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PB 2966!
United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
EPA-450/3-78-054^39
August 1978
Air
Air Pollution Regulations
in State Implementation
Plans:
County
REPRODUCED BY
NATIONAL TECHNICAL '
INFORMATION SERVICE
U. S. DEPARTMENT OF COMMERCE 1
SPRINGFIELD, VA. 22161
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TECHNICAL REPORT DATA
(Please read Instructions on the reverse before completing)
1. REPORT NO.
EPA-45Q/3*78>0*M*
2.
3. REOei&HT'S ACCESSIQf*NO. -- _ ,
?& 2.^£ £>q&
4. TITLE ANO SUBTITLE 6. REPORT DATE » '
Air Pollution Regulations in State Implementation i August 1978
•Plans: California Stanislaus County
7. AUTHOR(S)
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Walden Division of Abcbr, 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
16. SUPPLEMENTARY NOTES
EPA Project Officer: Bob Schell , Control
6. PERFORMING ORGANIZATION CODE
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. Regulat
categories as of January 1, 1978, have bee
this document will be updated annually. S
which have not been Federally approved as
omission of these regulations from this do
the respective Federal, State, or local ag
i
17.
ions which fall into one of the above
n incorporated. As mandated by Congress,
tate and/or local air quality regulations
of January 1, 1978, are not included here;
cument in no way affects the ability of
endes to enforce such regulations.
KEY WORDS AND DOCUMENT ANALYSIS
a. DESCRIPTORS
Air pollution
Federal Regulations
Pollution
State Implementation Plans
18. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
b.lOENTIFIERS/OPEN ENDED TERMS C. COSATI Field/Group
19. SECURITY CLASS (This Report)
Unclassified . ,.,-f.
20. SECURITY CLASS (This page) 22. PRICE P£ / At » 1
Unclassified -AoU /fatSi ) \
EPA Form 2220-1 (t-73)
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EPA-»50/3-78-054r39
Air Pollution Regulations
in State Implementation Plans:
by
Walden Division of Abcor, Inc.
Wilmington, Massachusetts
Contract No. 68-02-2890
EPA Project Officer: Bob Schell
Prepared for
U.S. ENVIRONMENTAL PROTECTION AGENCY
Office of Air, Noise, and Radiation
Office of Air Quality Planning and Standards
Research Triangle Park, North Carolina 27711
August 1978
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This report is issued by the Environmental Protection Agency to
report air pollution regulations of interest to a limited number of
readers. Copies are available, for a fee, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
This report was furnished to the Environmental Protection Agency by
Walden Division of Abcor, Inc., Wilmington, Mass. 01887, in fulfillment
of Contract No. 68-02-2890. The contents of this report are reproduced
herein as received from Walden Division of Abcor, Inc. The opinions,
findings, and conclusions expressed are those of the author and not
necessarily those of the Environmental Protection Agency. Mention of
company or product names is not to be considered as an endorsement
by the Environmental Protection Agency.
Publication No. EPA-450/3-78-054-39
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
111
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to the SIP and the date of the Federal Register in which the revision
was either approved or disapproved by 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.
1v
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SUMMARY SHEET
OF
EPA APPROVED REGULATION CHANGES
STANISLAUS COUNTY. APCD
Submi tted
6/30/72
7/19/74
4/10/75
4/21/76
8/2/76
Approval
9/22/72
8/22/77
8/22/77
7/26/77
8/22/77
Description
All Regs, unless
otherwise specified
Rules 103, 108, 108.1,
113, 401, 402, 403, 404,
405, 409.1, 409.2, 418,
421, 505, 518; 401.1
should be deleted(deletion
was approved)
Rule 408
Rule 411, 411.1
Rule 102, 104, 105, 111,
112, 114, 301, 305, 407.1,
416, 416.1, 422, 423, 501,
504 and 511
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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 PARTICULAR
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
v1
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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 (Includts Grain Handling, Orchard Heaters,
R1ce and Soybean Facilities, Related Topics)
51.2 COAL OPERATIONS (Includes Cleaning, Preparation, Coal Refuse
Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
51.3 CONSTRUCTION (Includes Cement Plants, Materials Handling, Topics
Related to Construction Industry)
51.4 FERROUS FOUNDRIES (Includes Blast Furnaces, Related Topics)
51.5 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Participates
(Includes Fuel Content and Other Related Topics)
51.6 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (Includes
Fuel Content and Other Related Topics)
51.7 FUEL BURNING EQUIPMENT (oil, natural gas, coal) - N02 (Includes
Fuel Content and Other Related Topics)
51.8 HOT MIX ASPHALT PLANTS
51.9 INCINERATION
51.10 NITRIC ACID PLANTS
51.11 NON-FERROUS SMELTERS (Zn, Cu, etc.) - Sulfur Dioxide
51.12 NUCLEAR ENERGY FACILITIES (Includes Related Topic)
51.13 OPEN BURNING (Includes Forest Management, Forest F1re, F1re
Fighting Practice, Agricultural Burning and Related Topics)
51.14 PAPER PULP; WOOD PULP AND KRAFT MILLS (Includes Related Topics)
51.15 PETROLEUM REFINERIES
51.16 PETROLEUM STORAGE (Includes Loading, Unloading, Handling and
Related Topics)
51.17 SECONDARY METAL OPERATIONS (Includes Aluminum, Steel and Related
Topics)
51.18 SULFURIC ACID PLANTS
51.19 SULFURIC RECOVERY OPERATIONS
51.20 WOOD WASTE BURNERS
51.21 MISCELLANEOUS TOPICS
V11
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TABLE OF CONTENTS
Revised Standard
Subject Index
-
(2.0)
(1.0)
(15.0)
(15.0)
(16.0)
(2.0)
(9.0)
(9.0)
(9.0)
(16.0)
(7.0)
(2.0)
(15.0)
(2.0)
(50.0)
-
(3.0)
(2.0)
STANISLAUS
Reg. -
Rule Number
Reg. I
Rule 101
102
103
104
105
106
107
108
108.1
109
no
111
112
113
114
Reg. II
Rule 201
202
COUNTY REGULATIONS
Title
General Provisions
Title
Definitions
Confidential Information
Enforcement
Order of Abatement
Land Use
Inspections
Source Monitoring
Source Sampling
Penalty
Equipment Shutdown, Startup
and Breakdown
Circumvention
Arrests and Notices to Appear
Severability
Applicability of Emission
Limits
Permits
Permits Required
Exemptions
Page
1
1
1
5
5
5
6
6
6
7
7
7
8
8
9
9
10
10
10
viii
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Revised Standard
Subject Index
(3.0)
(3.0)
(3.0)
(3.0)
(3.0)(9.0)
(3.0)
(3.0)
(3.0)
(3.0)
(3.0)
(16.0)
(3.0)
-
(3.0)
(3.0)
(9.0)
(13.0)
(1.6.0)
-
(50.1.2)
(2.0)
(50.1.2)
(50.1)
Reg. -
Rule Number
Rule 203
204
205
206
207
208
209
210
211
212
213
214
Reg. Ill
Rule 301
302
303
304
305
Reg. IV
Rule 401
402
403
404
Title Page
Transfer 13
Applications 14
Cancellation of Applications 14
Action on Applications 14
Provision of Sampling and
Testing Facilities 14
Standards for Granting Applica-
tions 14
Conditional Approval 15
Denial of Applications 15
Further Information 15
Applications Deemed Denied 15
Appeals 15
Existing Sources 16
Fees 17
Permit Fee 17
Permit Fee Schedules 19
Analysis Fees 22
Technical Reports - Charges for 22
Hearing Board Fees 22
Prohibitions 23
Visible Emissions 23
Exceptions 23
Wet Plumes 23
Particulate Matter Concentration 24
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Revised Standard
Subject Index
(50.1.1)
(50.1.1)
(50.2)
(51.9)
(51.5)
(50.4)
(50.4)
(50.4)
(51.16)
(51.16)
(51.16)
(51.16)
(51.21)
(51.13)
(2.0)
(51.13.)
(51.9)
(50.0)
(2.0)
(51.1)
Reg.
Rule
Rule
Number
405
406
407
407.1
407.2
408
409
409.1
409.2
411
411.1
412
413
414
415
416
416.1
417
418
419
420
Title
Particulate Matter - Emission
Rate
Process Weight Table
Sulfur Compounds
Disposal of Solid and Liquid
Wastes
Fuel Burning Equipment -
Combustion Contaminants
Fuel Burning Equipment
Organic Solvents
Architectural Coatings
Disposal and Evaporation
of Solvents
Gasoline Transfer into
Stationary Storage Containers
Gasoline Transfer into Vehicle
Fuel Tanks
Organic Liquid Loading
Effluent Oil Water Separators
Reduction of Animal Matter
Open Burning
Exceptions
Agricultural Burning
Incinerator Burning
Emission in General
Exception
Orchard Heaters
Page
24
24
25
25
25
25
26
29
29
30
32
33
34
34
35
35
36
39
39
39
39
- X _
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Revised Standard
Subject Index
(50.0)
(10.0)
(11.0)
-
(16.0)
(2.0)
(16.0)
(2.0)
(5.0)
(3.0)
(16.0)
(16.0)
(16.0)
(16.0)
(3.0)(16.0)
(16.0)
(16.0)
(16.0):.
(16.0)
(16.0)
(16.0)
(3.0)
Reg. -
Rule Number
Rule 421
422
423
Reg. V
Rule 501
502
503
504
505
506
507
508
509
510
511
512
513
514
515
516
517
518
Title Page
Separation and Combination 39
New Source Performance
Standards 40
Emission Standards for
Hazardous Air Pollutants 40
Procedure before the Hearing
Board 41
Applicable Articles of the
Health and Safety Code 41
General 41
Filing Petitions 41
Contents of Petitions 41
Petitions for Variances 42
Appeal from Denial 43
Failure to Comply with Rules 43
Answers 43
Dismissal of Petition 43
Place of Hearing 44
Notice of Hearing 44
Evidence 44
Preliminary Matters 44
Official Notice 44
Continuances 45
Decision 45
Effective Date of Decision 45
Lack of Permit 45
xi .
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REGULATION I - GENERAL PROVISIONS
(2.0) RULE 101. TITLE
These rules and regulations shall be known as the Rules and Regulations
of the Stanislaus County A1r Pollution Control District.
(1.0) RULE 102. DEFINITIONS
Except as otherwise specifically provided 1n 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 Division 26
of the Health and Safety Code.
(a) Agricultural Burning. Any open outdoor fire used 1n agricultural
operations In the growing of crops or raising of fowl or animals,
forest management, or range Improvement, Including the burning
of agricultural wastes.
(b) Agricultural Operations. The growing and harvesting of crops,
including timber, or the raising of fowls, animals or bees, for
the primary purpose of earning a living.
(c) Air Contaminant. "Air Contaminant" Includes smoke, charred paper,
dust, soot, grime, carbon, noxious adds, fumes, gases, odors, or
particulate matter, or any combination thereof.
(d) Alteration. Any addition to, enlargement of, replacement of, or
any major modification or change of the design, capacity, process,
or arrangement, or any increase 1n the connected loading of, equip-
ment or control apparatus, which will significantly increase or
effect the kind of amount of air contaminants emitted.
(e) Atmosphere. "Atmosphere" means the air that envelops or surrounds
the earth. Where air pollutants are emitted into a building not
designed specifically as a piece of air pollution control equipment,
such emission into the building shall be considered an emission into
the atmosphere.
(f) Board. "Board" means the Air Pollution Control Board of the Air
Pollution Control District of Stanislaus County.
(g) Combustible Refuse. "Combustible Refuse" is any solid or liquid
combustible waste material containing carbon in a free or combined
state.
(h) 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.
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(i) Condensed Fumes. "Condensed Fumes" are minute, solid particles
generated by the condensation of vapors from solid matter after
volatilization from the molten state, or may be generated by
sublimation, distillation, calcination, or chemical reaction, when
these processes create air-borne particles.
(j) Control Officer. "Control Officer" means the Air Pollution Control
Officer of the Air Pollution Control District of Stanislaus County.
(k) District. "District" is the A1r Pollution Control District of
Stanislaus County.
(1) Dusts. "Dusts" are minute, solid particles released into the air
by natural forces or by mechanical processes such as crushing,
grinding, milling, drilling, demolishing, shoveling, conveying,
covering, bagging, sweeping, or other similar processes.
(m) Emission. The act of passing into the atmosphere of an air
contaminant or gas stream which contains an air contaminant, or
the air contaminant so passed into the atmosphere.
(n) Emission Point. The place, located in a horizontal plane and
vertical elevation, at which an emission enters the atmosphere.
(o) Flue. Means any duct or passage for air, gases, or the like,
such as a stack or chimney.
(p) Hearing Board. "Hearing Board" means the Hearing Board of the
Air Pollution Control District of Stanislaus County.
(q) Installation. The placement, assemblage, or construction of
equipment or control apparatus at the premises where the equipment
or control apparatus will be used, and includes all preparatory
work at such premises.
(r) Institutional Facility. "Institutional Facility" means any
hospital, boarding home, school, corporation year, or like facility.
(s) Multipie-Chamber Incinerator. "Multiple-Chamber Incinerator" is
any article, machine, equipment, contrivance, structure or any part
of a structure used to dispose of combustible refuse by burning,
consisting of three or more retractory lined combustion furnaces
in series, physically separated by refractory walls, interconnected
by gas passage ports or ducts, and employing adequate design para-
meters necessary for maximum combustion 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 for Testing Materials, Method C-21.
(t) Open Outdoor Fire. "Open Outdoor Fire" as used 1n this regulation
means combust'forf of any combustible refuse or other material of
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any type outdoors in the open air not in any enclosure where the
products of combustion are not directed through a flue.
(u) Operation. Any physical action resulting in a change in the
location, form or physical properties of a material, or any
chemical action resulting in a change in the chemical composition
or the chemical or physical properties of a material.
(v) Orchard or Citrus Heater. 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 protecting orchards, vineyards, field crops and
truck crops from frost damage. The contrivance commonly known as a
wind machine is not included.
(w) Owner. Includes but is not limited to any person who leases,
supervises, or operates equipment, in addition to the normal
meaning of ownership.
(x) Particulate Matter. "Particulate Matter" is any material, except
uncombined water, which exists in a finely divided form as a liquid
or solid at standard conditions.
(y) Person. "Person" means any person, firm association, organization,
partnership, business trust, corporation, company, contractor,
supplier, installer, user or owner, or any state or local governmental
agency or public district or any officer or employee thereof.
(z) PPM. Parts per million by volume expressed on a gas basis.
(aa) Process Weight Rate. "Process Weight" is the total weight of all
materials iintroduced into any specific source operation, which
operation may cause any discharge into the atmosphere. Solid fuels
charged will be considered as part of the process weight, but liquid
and gasous fuels and combustion air will not. "The Process Weight"
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.
(bb) Regulation. "Regulation" means one of the major subdivisions of
the rules of the Air Pollution Control District of Stanislaus County.
(cc) Residential Rubbish. "Residential Rubbish" means refuse originating
from residential uses and includes wood, paper, cloth, cardboard, tree
trimmings, leaves, lawn clippings, and dry plants.
(dd) Rule. "Rule" means a rule of the Air Pollution Control District of
Stanislaus County.
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(ee) Section. "Section" means section of the Health and Safety Code
of the State of California unless some other statute is
specifically mentioned.
(ff) Source Operation. "Source Operation" means the last operation
proceeding the emission of an air contaminant, which operation
(a) results in the separation of the air contaminant from the
process materials or tn the conversion of the process materials
into air contaminants, as in the case of combustion of fuels: and
(b) is not an air pollution abatement operation.
(gg) Standard Conditions. As used in these rules and regulations,
"Standard Conditionsu 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 or reported at this
gas temperature and pressure.
(hh) 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.
(it) Total Reduced Sulfur (TRS). Total reduced sulfur contained in
hydrogen sulflde, 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..
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(15.0) RULE 103. CONFIDENTIAL INFORMATION
All information, analyses, plans, or specifications that disclose the
nature, extent, quantity, or degree of air contaminants or other
pollution which any article, machine, equipment, or other contrivance
will produce, which any air pollution control district or any other
state or local agency or district requires any applicant to provide before
such applicant builds, erects, alters, replaces, operates, sells, rents,
or uses such article, machine, equipment, or other contrivance, are
public records.
All air and other pollution monitoring data, including data compiled from
stationary sources, are public records.
Trade secrets are not public records under this rule. Trade secrets
may include, but are not limited to, any formula, plan, pattern^ process.,
tool, mechanism, compound, procedure, production data, or compilation or
information which is not patented, which is known only to certain
individuals within a commercial concern who are using it to fabricate,
produce, or compound an article of trade or a service having commercial
value and which gives its user an opportunity to obtain a busines advan-
tage over competitors who do not know or use it.
All air pollution emission data, including those emission data which con-
stitute trade secrets, as defined 1n the above paragraph, are public
records. Data used to calculate emission data are not emission data
for the purpose this subdivision and data which constitute trade secrets
and which are used to calculate emission data are not public records.
Any person furnishing any records may label as "trade secret" any part of
those records which are entitled to confidentiality. Written justification
for the "trade secret" designation shall be furnished with the records so
designated and the designation shall be a public record. The justification
shall be as detailed as possible without disclosing the trade secret; the
person may submit additional Information to support the justification,
which information, upon request, will be kept confidential in the same
manner as the record sought to be protected.
(15.0) RULE 104. ENFORCEMENT
These rules and regulations shall be enforced by the Air Pollution
Control Officer under authority of the State of California Health and
Safety Code, Section 40752(b) and Sections 40702, 40001; and all
officers empowered by Section 40120 of said Code.
(16.Q) RULE 105. ORDER OF ABATEMENT
The Air Pollution Control Board may, after notice and a hearing, issue or
provide for the issuance by the Hearing Board, after notice and a hearing,
an order for abatement whenever the district finds that any person is in
-5-
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violation of Section 41701 or 41700 or any rule or regulation prohibiting
or limiting the discharge of air contaminants into the air. The Air Pollu-
tion Control Board in holding hearings on the issuance of orders for
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 26, Part 3, Chapter 8 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 42450, 42451 or by the State Air Resources Board,
shall be liable for a civil penalty not to exceed six thousand dollars
($6,000) for each day in which such violation occurs.
(2.0) RULE 106. LAND USE
As part of his responsibility to protect the public health and property
from the damaging effects of air pollution, it shall be the duty of the
Air Pollution Control Officer to review and advise the appropriate
planning authorities within the district on all new construction or
changes in land use which the A1r Pollution Control Officer believes
could become a source of air pollution problems.
(9.0) RULE 107. INSPECTIONS
Inspections shall be made by the enforcement agency for the purpose of
obtaining information necessary to determine whether air pollution sources
are in compliance with applicable rules and regulations, including authority
to require recordkeeping and to make inspections and conduct tests of air
pollution sources.
(9.0) RULE 108. SOURCE MONITORING
Upon the request of the Air Pollution Control Officer and as directed by
him, the owner shall provide, Install, and operate continuous monitoring
equipment on such operations as directed. The equipment shall be capable
of monitoring emission levels within * 20 percent with confidence levels
of 95 percent. The owner shall maintain, calibrate, and repair the
equipment and shall keep the equipment operating at design capabilities.
Records from the monitoring equipment shall be kept by the owner for a
period of two years, during which time they shall be available to the Air
Pollution Control Officer in such form as he directs.
In the event of a breakdown of monitoring equipment, the owner shall
notify the Air Pollution Control Officer immediately and shall initiate
repairs. The owner shall inform the Air Pollution Control Officer of the
intent to shut down any monitoring equipment at least 24 hours prior to
the event.
Tn the event a person finds that a request by the Control Officer to install
and maintain monitoring facilities or equipment is unreasonable, he may
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appeal the request before the Air Pollution Control Board.
(9.0) RULE 1Q8.1 SOURCE SAMPLING
Upon the request of the Control Officer and as directed by him, the
owner of any source operation which emits or may emit air contaminants,
for which emission limits have been established, shall provide the
following facilities, constructed in accordance with the general industry
safety orders of the State of California:
(a) Sampling ports
(b) Sampling platforms
(c) Access to sampling platforms
(d) Utilities for sampling equipment
The owner of such a source operation, when requested by the Control
Officer, shall provide records or other information which will enable the
Control Officer to determine when a representative sample can be taken.
In addition, upon the request of the Control Officer and as directed by
him, the owner of such a source operation shall collect, have collected,
or allow the Control Officer to collect, a source sample.
(16.0) RULE 109. PENALTY
Every person who violates any provision of these rules is guilty of a
misdemeanor. ' Every day during any portion of which such violation occurs
constitutes a separate offense.
(7.0) RULE 110. EQUIPMENT SHUTDOWN, STARTUP, AND BREAKDOWN
Emissions exceeding any of the limits established by Regulation IV as a
direct result of unavoidable upset conditions, unforeseable breakdown, or
planned startup and shutdown of any source operation, air pollution control
equipment, or related equipment shall not be a violation provided that the
following requirements are met:
(a) In the event of breakdown or upset, the person responsible for
such equipment shall promptly report such condition to the Air
Pollution Control Officer. In the event of planned shutdown or
startup, the person responsible for such equipment shall report
to the Air Pollution Control Officer at least 24 hours prior to the
shutdown or startup. The report shall include, but is not limited
to the following:
1. Identification of the specific facility, its location and
permit number.
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2. The expected length of time the air pollution control
equipment will be out of service.
3. The nature and quantity of emissions of air contaminants
to occur during this period.
4. Measures, such as using off-shift labor and equipment,
to be taken to minimize the emissions.
5. The reasons why, if any, it would be impossible, or
impractical, to shut down the source operation during
the maintenance period.
6. Steps to be taken to minimize the probability of the
condition recurring.
(b) The Air Pollution Control Officer upon investigation concurs that
the emission was unavoidable or unforeseeable. A determination
that the emission was unavoidable or unforeseeable by the Air
Pollution Control Officer on one occasion shall not be binding upon
successive periods when the Air Pollution Control Officer determines
that inmediate remedial efforts have not been instituted and
corrective action has not been concluded within a reasonable time under
the circumstances.
(2.0) RULE 111. CIRCUMVENTION
A person shall not build, erect, install, or use any article, machine,
equipment or other contrivance, the use of which, without resulting in a
reduction in the total release of air contaminants to the atmosphere, reduces
or conceals an emission which would otherwise constitute a violation of
Division 26, Part 4, of the Health and Safety Code of the State of
California or of these rules and regulations. This rule shall not apply
to cases in which the only violation involved is of Section 41700 of the
Health and Safety Code of the State of California or of Rule 11 of these
rules and regulations. Violation of Rule 111 is a misdemeanor pursuant to
the provisions of Section 42400 of the Health and Safety Code of the State
of California.
(15.0) RULE 112. ARRESTS AND NOTICES TO APPEAR
Pursuant to the provisions of Penal Code Section 836.5 the officers and
employees hereinafter set forth are authorized to arrest without a warrant
and issue written notices to appear whenever they have reasonable cause to
believe that the person to be arrested has committed a misdemeanor in their
presence which is a violation of a rule or regulation of the Stanislaus
County Air Pollution Control District or a violation of a section of
Division 26, Part 4, Chapter 3 of the Health and Safety Code of the State
of California, or any provision of the Vehicle Code relating to the emmision
or control of air contaminants:
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Air Pollution Control Officer and his deputies,
Employees of the Stanislaus County Health Department
. who have the duty to enforce said statutes and rules
and regulations.
(2.0) RULE 113. 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 judgement shall not 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 1n the controversy in which such judgement shall have been
rendered and to the person or circumstance Involved, and it is hereby
declared to be the intent of the Stanislaus County Air Pollution Control
Board that these Regulations would have been adopted in any case had
such invalid provision or provisions not been Included.
(50.0) RULE 114. APPLICABILITY OF EMISSION LIMITS
Whenever more than one rule of these Rules and Regulations applies to
any article, machine or equipment or other contrivance, the rule or
combination of rules resulting in the smallest rate or smallest concentra-
tion of air contaminants released to the atmosphere shall apply unless
otherwise specifically exempted or designated.
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. REGULATION II -PERMITS
(3.0) RULE 201. PERMITS REQUIRED
(a) Authority to Construct. Any person building, altering or replacing
any equipment, the use of which may cause the issuance of air
contaminants or the use of which may eliminate or reduce or control
the issuance of air contaminants, shall first obtain authorization
for such construction from the Atr Pollution Control Officer. An
authority to construct shall remain in effect until the permit
to operate the equipment for which the application was filed is
granted or denied, or the application is cancelled.
(b) Permit to Operate. Before any equipment described in Rule 201(a)
may be operated, a written permit shall be obtained from the Air
Pollution Control Officer. No permit to operate shall be granted
either by the Air Pollution Control Officer or the Hearing Board
for any equipment described in Rule 201(a), constructed or installed
without authorization as required by Rule 201(a), until the
information required 1s presented to the A1r Pollution Control
Officer and such equipment is altered, if necessary, and made to
conform to the standards set forth 1n Rule 208 (Standards for
Granting Application) and elsewhere in these rules and regulations.
(c) Posting of Permit to Operate. A person who has been granted under
Rule 201(b) a permit to operate any equipment described in Rule 201(b),
shall firmly affix such permit to operate, an approved facsimile, or
other approved identification bearing the permit number upon the
article, machine, equipment, or other contrivance in such a manner
as to be clearly visible and accessible. In the event that the
equipment is so constructed or operated that the permit to operate
cannot be so placed, the permit to operate shall be mounted so as to
be clearly visible in an accessible place within 25 feet of the
equipment or maintained readily available at all times on the operating
premises.
(d) Altering of Permit. A person shall not willfully deface, alter, forge,
counterfeit, or falsify a permit to operate any equipment.
(2.0) RULE 202. EXEMPTIONS
Any authority to construct or a permit to operate shall not be required
for:
(a) Vehicles as defined by the Vehicle Code of the State of California
but not including any article, machine, equipment, or other contrivance
mounted on such vehicle that would otherwise require a permit under
the provisions of these rules and regulations.
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(b) Vehicles used to transport passengers or freight.
(c) Equipment utilized exclusively in connection with any structure,
which structure is designed for and used exclusively as a dwelling
for not more than four families.
(d) The following equipment:
1. Comfort air conditioning or comfort ventilating systems,
which are not designed to remove air contaminants 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 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. Equipment used for hydraulic or hydrostatic testing.
9. Equipment used in eating establishments for the purpose of
preparing food for human consumption.
10. Equipment used exclusively to compress or hold dry natural
gas.
11. Crucible-type or pot-type furnaces with a brimful capacity
of less than 450 cubic inches of any molten metal.
12. Batch mixers of five cubic feet rated working capacity or less.
13. Smokehouses in which the maximum horizontal inside cross-
sectional area does not exceed 20 square feet.
14. Air Resources Board approved orchard heaters.
(e) The following equipment or any exhaust system or collector serving
exclusively such equipment:
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1. Laboratory equipment used exclusively for chemical or
physical analyses and bench scale laboratory equipment.
2. Brazing, soldering, or welding equipment.
3. Ovens, mixers, and blenders used in bakeries where the
products are edible and intended for human consumption.
4. Equipment used exclusively for forging, pressing, rolling,
or drawing of metals or for heating metals Immediately
prior to forging, pressing, rolling or drawing.
5. Equipment using aqueous solutions for surface preparation,
cleaning, stripping, etching (does not Include chemical
milling), or the electrolytic plating with electrolytic
polishing, or the electrolytic stripping of bronze, brass,
cadmium, copper, iron, lead, nickel, tin, zinc, and precious
metals.
6. Equipment used for washing or drying products fabricated
from metal, cloth, fabric, or glass, provided that no
organic materials are used in the process and that no oil
or solid fuel is burned.
7. Equipment used for compression molding and injection molding
of plastics.
8. Vacuum producing devices used in laboratory operations or in
connection with other equipment which is exempt by Rule 202.
9. Equipment used for noncommercial buffing (except automatic
or semi-automatic tire buffers) or polishing, carving, cutting,
drilling, machining, routing, sanding, sawing, surface
grinding or turning of ceramic artwork, ceramic precision parts,
leather, metals, plastics, rubber, fiberboard, masonary,
asbestos, carbon or graphite.
10. Equipment used for noncommercial carving, cutting, drilling.,
surface grinding, planning, routing, sanding, sawing, shredding
or turning of wood, or the pressing or storing of sawdust,
wood chips or wood shavings.
11. Laundry driers, extractors, or tumblers used for fabrics cleaned
only with water solutions of bleach or detergents.
(f) Steam generators, steam superheaters, water boilers, water heaters,
and closed heat transfer systems of 15,000,000 BTU per hour capacity
or less that are fired exclusively with natural gas or liquified
petroleum gas or any combination thereof.
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(g) Natural draft hoods, natural draft stacks, or natural draft
ventilators where no organic solvents, diluents, or thinners are
used.
(h) Containers, reservoirs, or tanks used exclusively for:
1. Dipping operations for coating objects with oils, waxes,
or greases where no organic solvents, diluents, or thinners
are used.
2. Dipping operations for applying coatings on natural or
synthetic resins which contain no organic solvents.
3. Storage of liquified gases.
4. Unheated storage of organic materials with an initial
boiling point of 300° Fahrenheit or greater.
5. The storage of fuel oils and lubricating oils.
6. Unheated solvent dispensing containers, unheated npnconveyorized
solvent rinsing containers or unheated nonconveyorized coating
dip tanks of 100 gallons capacity or less.
7. Transporting materials on streets or highways.
8. Storage of gasoline in underground tanks having a capacity of
5,000 gallons or less.
(i) Self-propelled mobile construction equipment other than pavement
burners.
U) Agricultural Implements used in agricultural operations.
(k) Vacuum cleaning systems used exclusively for industrial, commercial,
or residential housekeeping purposes.
(1) Repairs or maintenance not Involving structural changes to any
equipment for which a permit has been granted.
(m) Identical replacements in whole or in part of any equipment where a
permit to operate has previously been granted for such equipment.
(3.0) RULE 203. TRANSFER
A permit shall not be transferable, whether by operation of law or other-
wis«> either from one location to another, from one piece of equipment to
another, or from one person to another.
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(3.0) RULE 204. APPLICATIONS
Every applications for a permit required under Rule 201 shall be filed
in the manner and term prescribed by the Air Pollution Control Officer,
and shall give all the information necessary to enable the Air Pollution
Control Officer to make the determination required by Rule 208 hereof.
(3.0) RULE 205. CANCELLATION OF APPLICATIONS
(a) An authority to construct shall expire and the application shall
be cancelled two years from the date of issuance of the authority
to construct.
(b) An application for a permit to operate shall be cancelled two
years from the date of filing of the application.
(3.0) RULE 206. ACTION ON APPLICATIONS
The Air Pollution Control Officer shall act, within a reasonable time,
on a permit application and shall notify the applicant in writing of his
approval, conditional approval, or denial.
(3.0) RULE 207. PROVISION OF SAMPLING AND TESTING FACILITIES
(9.0)
A person operating or using any equipment for which these rules require
a permit shall provide and maintain such sampling and testing facilities
as specified in the permit.
(3.0) RULE 208. STANDARDS FOR GRANTING APPLICATIONS
(a) The Air Pollution Control Officer shall deny a permit except as
provided in Rule 209, if the applicant does not show that the use
of any equipment, which may cause the issuance of air contaminants,
or the use of which may eliminate or reduce or control the
issuance of air contaminants, is so designed, controlled, or
equipped with such air pollution control equipment, that it may
be expected to operate without emitting or without causing to be
emitted air contaminants in violations of Section 24242 or 24243,
of the Health and Safety Code, or of these rules and regulations.
(b) Before a permit to operate is granted, the Air Pollution Control
Officer may require the applicant to provide and maintain such
facilities as are necessary for sampling and testing purposes in
order to secure information that will disclose the nature, extent,
quantity or degree of air contaminants discharged into the
atmosphere from the equipment described in the permit. In the event
of such a requirement, 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;
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.
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(c) In acting upon a permit to operate, if the Air Pollution Control
Officer finds that the equipment has been constructed not in
accordance with the authority to construct, he shall deny the
permit to operate. The Air Pollution Control Officer shall not
accept any further application for permit to operate the equipment
so constructed until he finds that the equipment has been constructed
in accordance with the authority to construct.
(3.0) RULE 209. CONDITIONAL APPROVAL
The Air Pollution Control Officer may issue an authority to construct or
a permit to operate subject to conditions which will bring the operation
of any equipment within the standards of Rule 208, in which case the
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 equipment can operate within the
standards of Rule 208 under the revised conditions.
(3.0) RULE 210. DENIAL OF APPLICATIONS
In the event of denial of a permit, the Air Pollution Control Officer
shall notify the applicant in writing of the reasons therefore. Service
of this notification may be made in person or by mail, and such service
may be proved by the written acknowledgement of the persons served or
affidavit of the person making the service. The Air Pollution Control
Officer shall not accept a further application unless the applicant has
complied with the objections specified by the Air Pollution Control
Officer as his reasons for denial of the permit.
;(3.0) RULE 211. FURTHER INFORMATION
Before acting on an application for a permit, the Air Pollution Control
Officer may require the applicant to furnish information or further plans
or specifications.
(3.0) RULE 212. APPLICATIONS DEEMED DENIED
The applicant may at his option deem the permit denied if the Air Pollution
Control Officer fails to act on the application within 30 days after filing,
or within 30 days after applicant furnishes the further information, plans
and specifications requested by the Air Pollution Control Officer, whichever
is later.
(16.0) RULE 213. APPEALS
Within 10 days after notice by the Air Pollution Control Officer of denial
of a permit, the applicant may petition the Hearing Board, in writing, for
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a public hearing. The Hearing Board, after notice and a public hearing held
within 30 days after filing the petition, may sustain or reverse the action
of the Air Pollution Control Officer: such orders may be made subject to
specified conditions.
(3.0) RULE 214. EXISTING SOURCES
Existing sources, where control equipment has been installed, that were in
compliance and sources that are on a compliance schedule approved by the
Air Pollution Control District, on the effective date of Rule 201, shall
be issued a conditional permit to operate. The conditional permit to
operate will not be valid if there is a significant change in the process
or significant increase in production.
Existing sources, requiring the installation of control equipment, shall
be issued a provisional permit to operate provided that an acceptable
time for compliance is filed with the Air Pollution Control Officer. The
time for compliance shall include each of the following times: time for
engineering, time for procurement, time for fabrication, and time for
installation and adjustment. The Air Pollution Control Officer may require
such periodic reports on each phase of the progress toward compliance.
Failure at any phase to make reasonable progress toward completion of such
installations as are required for final compliance shall be deemed an
unreasonable delay in compliance and is subject to revocation of the
conditional permit to operate.
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REGULATION HI - FEES
(3.0) RULE 301. PERMITTEE
(a) Filing Fee. Every applicant, except any federal, state, or local
governmental agency or public district, for an authority to construct
or a permit to operate equipment for which a permit 1s required by
(the State Law or) the rules and regulations of the A1r Pollution
Control District, shall pay a filing fee of $20. Where an application
is filed for a permit to operate any article, machine, equipment or
other contrivance by reason of transfer from one person to another,
and where a permit to operate had previously been granted under Rule
201 and no alteration, addition, or transfer of location has been
made, the applicant shall pay only a $10 filing fee.
(b) Permit Fee. Every applicant, except any state or local governmental
agency or public district, for a permit to operate, who files
application with the Air Pollution Control Officer, shall in addition
to the filing fee presented herein, pay the fee for the issuance of
a permit to operate in the manner prescribed in the following
schedules, provided, however, that the filing fee shall be applied
to the fee prescribed for the issuance of the permit to operate.
(c) Cancellation or Denial. If an application for an authority to construct
or a permit to operate is cancelled, or if an authority to construct
or a permit to operate is denied and such denial becomes final, the
filing fee required herein shall not be refunded nor applied to any
subsequent application.
(d) Transfer of Location or Owner. Where an application 1s filed for
a permit to operate any equipment by reason of transfer of location
or transfer from one person to another, or both, and where a permit
to operate has previously been granted for such equipment under
Rule 201 and an alteration or addition has been made, the applicant
shall be assessed a fee based upon the Increase in total horsepower
rating, the increase in total fuel consumption expressed in thousands
of British Thermal Units (BTU) per hour, the Increase in total
electrical energy rating, the increase in maximum horizontal inside
cross-sectional area or the increase in total stationary container
capacity resulting from such alterations or additions, as described
in the fee schedules contained herein. Where the application is for
transfer of location, and no alteration or addition has been made, the
applicant shall pay only the amount of the filing fee required herein.
(e) Alteration of Equipment. Where an application is filed for an
authority to construct or a permit to operate exclusively involving
revisions to the conditions of an existing permit to operate or
involving alterations or additions resulting in a change to any
existing equipment holding a permit under the provisions of Rule 201
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gf these rules and regulations, the applicant shall be assessed a
fee based upon the increase in total horsepower rating, the increase
in total fuel consumption expressed in thousands of British Thermal
Units (BTU) per hour, the. increase..!n "total electrical energy
rating, the increase in maximum horizontal inside cross-sectional
area or the increase in total stationary container capacity resulting
from such alterations or additions, as described in the fee schedules
contained herein^ Where there is no change or is a decrease in such
rating, the applicant shall pay only the amount of the filing fee
required herein.
(f) Permit Fee Penalty. After the provisions for granting permits as
set forth in Division 26, Part 4, Chapter 4, of the Health and
Safety Code and the rules and regulations have been complied with,
the applicant shall be notified by the Air Pollution Control Officer,
in writing, of the fee to be paid for issuance of the permit to
operate. Such notice may be given by personal service or by deposit,
postpaid, in the United States mail and shall serve as a temporary
permit to operate for 30 days from the date of personal service or
mailing. Nonpayment of the fee within this period of time shall
result in the automatic cancellation of the application.
(g) 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 30 days after the date of the decision of the Hearing Board.
Nonpayment of the fee within this period of time shall result in
automatic cancellation of the permit and the application.
(h) Annual Renewal Fee. Annually on the anniversary of the issuance of
a permit to operate granted under Rule 201, the permittee shall pay
a renewal fee amounting to one-fourth of the initial permit fee
under current fee schedules. The holder of permits with more than
one anniversary date may adjust annual renewal payments to a single
anniversary date by prorating renewal fee(s) as necessary. If the
renewal fee is not paid within 30 days after it becomes due, the fee
shall be increased by one one-half the amount thereof, and the Air
Pollution Control Officer shall thereupon promptly notify the permittee
by mail of the increased fee. If the increased fee is not paid within
30 days after such notice, the permit shall be automatically revoked
and the Air Pollution Control Officer shall so notify the permittee
by mail.
(i) Multiple Locations. When permits have been issued to operate movable
equipment at two or more locations, only one annual renewal fee will
be charged. The anniversary date on which the annual renewal fee
will be due will be that noted on the original permit.
(j) Duplicate Permit. A request for a duplicate permit to operate shall
be made In writing to the Air Pollution Control Officer within 10 days
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after the destruction, loss or defacement of a permit to operate.
A fee of $2 shall be charged, except to any federal, state, or
local governmental agency or public district, for issuing a duplicate
permit to operate.
(3.0) RULE 302. PERMIT FEE SCHEDULES
It is hereby determined that the cost of issuing permits, and of inspections
pertaining to such issuance exceeds the fees prescribed herein. In
determining the fees to be charged, the applicable equipment within each
process that requires a permit will be totalled for each schedule. In the
event that more than one fee schedule 1s applicable to a permit to operate,
the governing schedule shall be that which results in the higher fee.
SCHEDULE 1
ELECTRIC MOTOR HORSEPOWER SCHEDULE
Any equipment which may cause the emission of air contaminants where an
electric motor is used as the power supply shall be assessed a permit fee
based on the total rated motorhorsepower of all electric motors included
in any article, machine, equipment or other contrivance, in accordance
with the following schedule:
Horsepower Fee
Up to and Including 25 $ 20.00
Greater Than 25, but Less Than 50 28.00
50 or Greater, but Less Than 100 48.00
100 or Greater, but Less Than 200 76.00
200 or Greater, but Less Than 400 100.00
400 or Greater, but Less Than 800 148.00
800 or Greater, but Less Than 1,600 200.00
1,600 or Greater 252.00
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SCHEDULE 2
FUEL BURNING EQUIPMENT SCHEDULE
Any equipment which may cause the emission of air contaminants in which
fuel is burned, with the exception of Incinerators which are covered
in Schedule 4, shall be assessed a permit fee based upon the design of the
equipment expressed in British Thermal Units (BTU) per hour in accordance
with the following schedule:
1.000 BTU Per Hour Fee
Up to and Including 150 $ 20.00
Greater Than 150, but Less Than 400 28.00
400 or Greater, but Less Than 650 48.00
650 or Greater, but Less Than 1,500 76.00
1,500 or Greater, but Less Than 2,500 100.00
2,500 or Greater, but Less Than 5,000 148.00
5,000 or Greater, but Less Than 15,000 200.00
15,000 or Greater 252.00
1 SCHEDULE 3
ELECTRICAL ENERGY SCHEDULE
Any equipment which may cause the emission of air contaminants which uses
electrical energy, with the exception of electric motors covered in
Schedule 1, shall be assessed a permit fee based on the total kilovolt
ampere (KVA) rating, in accordance with the following schedule:
Kilovolt Amperes Fee
Up to and including 45 $ 20.00
Greater Than 45, but Less Than 145 28.00
145 or Greater, but Less Than 450 48.00
450 or Greater, but Less Than 1,450 60.00
1,450 or Greater, but Less Than 4,500 88.00
4,500 or Greater, but Less Than 14,500 148.00
14,500 or Greater . . .252.00
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SCHEDULE 4
INCINERATOR SCHEDULE
Any equipment designed and used primarily to dispose of combustible
refuse by wholly consuming the material charged leaving only the ashes
or residue shall be assessed a permit fee based on the following schedule
of the maximum horizontal Inside cross-sectional area, in square feet, of
the primary combustion chamber:
Area, in Square Feet Fee
Up to and including 8 $ 20.00
Greater Than 8, but Less Than 16 28.00
16 or Greater, but Less Than 27 36.00
27 or Greater, but Less Than 47 56.00
47 or Greater, but Less Than 90 76.00
90 or Greater 112.00
SCHEDULE 5
STATIONARY CONTAINER SCHEDULE
Any stationary tank, reservoir, or other container, the contents which may
emit an air contaminant shall be assessed a permit fee based on the
following schedule of capacities in gallons or cubic equivalent, in accordance
with the following schedule:
Gal1ons Fee
Up to and Including 5,000 $ 20.00
5,001 - 20,000 24.00
20,001 - 50,000 36.00
50,001 - 100,000 48.00
100,001 - 500,000 64.00
500,001 - 1,000,000 80.00
1,000,001 - Up 100.00
SCHEDULE 6
MISCELLANEOUS SCHEDULE
Any article, machine, equipment or other contrivance which may cause the
issuance of air contaminants as defined in Rule 102 of the rules and
regulations, which is not included in the preceding schedules shall be
assessed a permit fee of $20.00.
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(9.0) RULE 303. ANALYSIS FEES
Whenever the A1r Pollution Control Officer finds that an analysis of
the emission from any source 1s necessary to determine the extent and
amount of pollutants being discharged Into the atmosphere which cannot
be determined by visual observation, he may order the collection of
samples and the analysis made by qualified personnel of the Air Pollution
Control District. The time required for collecting samples, making the
analysis, and preparing the necessary reports, but excluding time required
in going to and from such premises may be charged against the owner or
operator of said premises in a reasonable sum to be determined by the Air
Pollution Control Officer, which said sum 1s not to exceed the actual cost
of such work.
(13.0) RULE 304. TECHNICAL REPORTS - CHARGES FOR
Information, circulars, reports of technical work, and other reports
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 1n a sum not to exceed the cost
of preparation and distribution of such documents. All such monies collected
shall be turned into the general funds of the said district.
(16.0) RULE 305. HEARING BOARD FEES
(a) Every applicant or petitioner for a variance, or for the extension,
revocation or modification of a variance, or for an appeal from a
denial or conditional approval of an authority to construct or permit
to operate except any federal, state, or local governmental agency
or public district, shall pay the clerk of the Hearing Board, on filing,
a non-returnable fee 1n the sum of $25. It is hereby determined that
the cost of administration of Division 26, Part 4, Chapter 4, Art.
of the Health and Safety Code exceeds $25 per petition.
(b) Any person requesting a transcript of the hearing shall pay the
cost of such transcript.
(c) This rule shall not apply to petitions filed by the Air Pollution .
Control Officer.
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REGULATION IV - PROHIBITIONS
(50.1.2) RULE 401. VISIBLE EMISSIONS
A person shall not discharge Into the atmosphere from any single source
of emission whatsoever, any atr contaminant for a period of periods
aggregating more than three minutes in any one hour which is:
(a) As dark or darker in shade as that designated as No. 1 on the
Ringelmann Chart, as published by the United States Bureau of
Mines.
(b) Of such opacity as to obscure an observer's view to a degree
equal to or greater than does smoke described in subsection (a)
of this rule.
(2.0) RULE 402. EXCEPTIONS
The provisions of Rule 401 do not apply to:
(a) Smoke from fires set by or permitted by any public officer, if
such 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:
1. For the purpose of the prevention of a fire hazard which
cannot be abated by any other means, or
2. For instruction of public employees in the methods of
fighting fire.
(b) Smoke from fires set pursuant to permit on property used for
industrial purposes for the purpose of instruction of employees
in methods of fighting fire.
(c) Agricultural operations in the growing of crops or raising of
fowl or animals.
(d) The use of an orchard or citrus grove heater which does not produce
unconsumed solid carbonaceous matter at a rate in excess of one (1)
gram per minute.
(e) The use of other equipment in agricultural operations in the
growing of crops, or the raising of fowl or animals.
(50.1.2) RULE 403. WET PLUMES
Where the presence of uncombined water is the only reason for the
failure of an emission to meet the limitation of Rule 401, this 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
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(50.1) RULE 404. PARTICULATE MATTER CONCENTRATION
A person shall not release or discharge into the atmosphere from any
single source operation dust, fumes, or partielate matter emissions in
excess of 0.1 grain per cubic foot of gas at standard conditions.
(50.1.1) RULE 405. PARTICULATE MATTER - EMISSION RATE
A person shall not discharge Into the atmosphere from any source
operation particulate matter in excess of the following process weight
tables.
(50.1.1) RULE 406. PROCESS WEIGHT TABLE
ALLOWABLE RATE OF EMISSION BASED ON PROCESS WEIGHT RATE
Process Weight Rate Maximum Allowable Emission Rate
Lbs/Hr. Lbs/Hr.
50 0.36
100 ; 0.55
500 1.53
1,000 2.25
5,000 6.34
10,000 9.73
20,000 14.99
60,000 29.60
80,000 31.19
120,000 33.28
160,000 34.85
200,000 36.11
400,000 40.35
1,000,000 ...46.72
Interpolation of the data for the process weight rates up to 60,000 Ibs/hr
shall be accomplished by the use of the equation:
E = 3.59 RO-62 p ^^^30 tons/hr
and interpolation and extrapolation of the data for process weight rates in
excess of 60,000 Ibs/hr shall be accomplished by use of the equation:
E • 17.31 P°-16 P ">^ 30 tons/hr
Where: E * Emissions in pounds per hour.
P = Process weight rate in tons per hour.
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(50.2) RULE 407. SULFUR COMPOUNDS
A person shall not discharge into the atmosphere sulfur compounds,
which would exist as a liquid or gas at standard conditions, exceeding
in concentration at the point of discharge: 0.2 percent by volume
calculated as sulfur dioxide ($02).
(51.9) RULE 407.1. DISPOSAL OF SOLID AND LIQUID WASTES
(a) A person shall not discharge into the atmosphere from any incinerator
or other equipment used to dispose of combustible refuse by burning,
particulate matter in excess of 0.10 grains per cubic foot of gas
calculated to 12 percent of carbon dioxide (C02) at standard
conditions or 0.10 pounds per 100 pounds of combustible refuse charged.
Exception: Incinerators or other equipment used to dispose of 100
pounds per hour or less of combustible refuse shall not exceed 0.30
grains of particulate emissions per cubic foot of gas calculated to
12 percent of carbon dioxide (CO?) at standard conditions or 0.10
pounds per 100 pounds of combustible refuse charged.
(b) A person shall not discharge into the atmosphere from any equipment
whatsoever used to process combustible refuse, particulate matter in
excess of 0.30 grains per cubic foot of gas calculated to 12 percent
of carbon dioxide (CO*) at standard conditions or 0.10 pounds per
100 pounds of combustible refuse charged.
(c) Any carbon dioxide (C02) produced by combustion of any liquid or
gaseous fuels shall be excluded from the calculation to 12 percent
of carbon dioxide (C02).
(51.5) RULE 407.2. FUEL BURNING EQUIPMENT - COMBUSTION CONTAMINANTS
A person shall not discharge into the atmosphere combustion contaminants
exceeding in concentration at the point of discharge: 0.1 grain per cubic
foot of gas calculated to 12 percent of carbon dioxide (C02).
51.5
51.6
51.7
RULE 408. FUEL BURNING EQUIPMENT
A person shall not build, erect, install or expand any nonmobile fuel
burning equipment unit unless the discharge into the atmosphere of
contaminants will not and does not exceed any one or more of the following
rates:
(a) 200 pounds per hour of sulfur compounds, calculated as sulfur
dioxide (S02);
(b) 140 pounds per hour of nitrogen oxides, calculated as nitrogen
dioxide (N02);
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(c) 10 pounds per hour of combustion contaminants as defined 1n Rule
102(h) and derived from the fuel.
For the purpose of this rule, "Fuel Burning Equipment" means any furnace,
boiler, apparatus, stack, and all appurtenances thereto, used in the
process of burning fuel for the primary purpose of producing heat or power
by indirect heat transfer. A fuel burning unit shall be comprised of
the minimum number of fuel burning equipment, the simultaneous operations
of which are required for the production of useful heat or power.
Fuel burning equipment serving primarily as air pollution control equipment
by using a combustion process to destroy air contaminants shall be exempt
from the provisions of this rule.
Nothing in this rule shall be construed as preventing the maintenance
or preventing the alteration or medication of an existing fuel burning
equipment unit which will reduce Its mass rate of air contaminant emissions.
(50.4) RULE 409. ORGANIC SOLVENTS
(a) No person shall discharge into the atmosphere more than 15 pounds of
organic material in any 1 day from any article, machine, equipment,
or other contrivance in which any organic solvent or any material
containing organic solvent comes into contact with flame or is
baked, heat-cured, or heat-polymerized in the presence of oxygen,
unless said discharge has been reduced by at least 85 percent. Those
portions of any series of articles, machines, equipment, or other
contrivances d1signed for processing continuous web, strip, or wire
that emit organic materials in the course of using operations described
in this section shall be collectively subject to compliance with
this section.
(b) A person shall not discharge to the atmosphere more than 40 pounds
of organic materials 1n any 1 day from any article, machine, equipment,
or other contrivance used under conditions other than those described
in paragraph (a) of this section for employing or applying any
photochemically reactive solvent, as defined in paragraph (j) of this
section, or material containing such photochemically reactive solvent,
unless said discharge has been reduced by at least 85 percent. Emissions
of organic materials Into the atmosphere resulting from air or heated-
drying of products for the first 12 hours after their removal from
any article, machine, or other contrivance described in this section
shall be included in determining compliance with this paragraph.
Emissions resulting from baking, heat-curing, or heat-polymerizing
as described in paragraph (a) of this section shall be excluded from
determination of compliance with this section. Those portions of any
series of articles, machines, equipment, or other contrivances designed
for processing a continuous web, strip, or wire that emit organic
materials in the course of using operations described in this section
shall be collectively subject to compliance with this section.
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(c) A person shall not, after August 31, 1976, discharge into the
atmosphere more than 3,000 pounds of organic materials in any 1 day
from any article, machine, equipment or other contrivance in which
any non-photochemically reactive organic solvent or any material
containing such a solvent is employed or applied, unless said
discharge has been reduced by at least 85 percent. Emissions of
organic materials into the atmosphere resulting from air or heated-
drying of products for.the first 12 hours after their removal from
any article, machine, equipment, or other contrivance described in
this section shall be Included in determining compliance with this
section. Emissions resulting from baking, heatcurlng, or heat-
polymerizing as described in paragraph (a) of this section shall be
excluded from determination of compliance with this section. Those
portions of any series of articles, machines, equipment, or other
contrivances designed for processing a continuous web, strip, or
wire that emit organic materials in the course of using operations
described in this section shall be collectively subject to compliance
with this section.
(d) Emissions of organic materials to the atmosphere from the cleanup with
photochemlcally reactive solvent, as defined in section (j), of any
article, machine, equipment or other contrivance described in sections
(a), (b), or (c), shall be included with the other emissions of
organic materials from that article, machine, equipment or other con-
trivance for determining compliance with this rule.
(e) Emissions of organic materials into the atmosphere required to be
controlled by sections (a), (b), or (c), shall be reduced by:
1. Incineration, provided that 90 percent or more of the
carbon in the organic material being incinerated is oxidized
to carbon dioxide, or
2. Adsorption, or
3. Processing in a manner determined by the A1r Pollution
Control Officer to be not less effective than (1) or (2) above.
(f) A person incinerating, absorbing, or otherwise processing organic
materials pursuant to this rule shall provide, properly install and
maintain in calibration, in good working order and in operation,
devices as specified in the authority to construct or the permit to
operate, or as specified by the Air Pollution Control Officer, for
indicating temperatures, pressures, rates of flow or other operating
conditions necessary to determine the degree and effectiveness of
air pollution control.
(g) Any person using organic solvents or any materials containing organic
solvents shall supply the Air Pollution Control Officer, upon request
and in the manner and form prescribed by him, written evidence of the
chemical composition, physical properties and amount consumed for each
organic solvent used.
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(h) The provisions of this rule shall not apply to:
1. The manufacture of organic solvents, or the transport or
storage of organic solvents or materials containing organic
solvents.
2. The use of equipment fof which other requirements are specified
by Rules 410, 411, 412, and 413, or which are exempt from air
pollution control requirements by said rules.
3. The spraying or other employment of insecticides, pesticides
or herbicides.
4. The employment, application, evaporation or drying of saturated
halogenated hydrocarbons or perchloroethylene.
5. The use of any material, in any article, machine, equipment or
other contrivance described in sections (a), (b), (c), or (d),
if:
(1) the volatile content of the material consists only of
water and organic solvents and
(2) the organic solvents content comprises not more than
20% by volume of the total volatile content and
(3) the volatile content is not photochemically reactive and
(4) the organic solvent does not come into contact with flame.
6. The use of any material in any article, machine, equipment or other
contrivance described in sections (a), (b), (c) or (d) if:
(1) until January 1, 1977, the organic solvent content of a
material does not exceed 30% by volume of said material; after
January 1, 1977, the organic solvent content of such material
shall not exceed 20% by volume and
(2) the volatile content is not photochemically reactive and
(3) the organic solvent content does not come into contact with
flame.
(i) For the purposes of this rule, organic solvents include diluents and
thinners and are defined as organic materials which are liquids at
standard conditions and which are used as dissolvers, viscosity reducers
or cleaning agents, except that such materials exhibiting a boiling
point higher than 220°F at 0.5 millimeter mercury absolute pressure
or having an equivalent vapor pressure shall not be considered to be
solvents unless
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(j) For the purpose of this rule, a photochemically reactive solvent
is any solvent with an aggregate of more than 20 percent of its
total volume composed of the chemical compound classified below
or which exceeds any of the following individual percentage
composition limitations, referred to the total volume of solvent:
1. A combination of hydrocarbons, alcohols, aldehydes, esters,
ethers or ketones having an olefinic or cycloolefinic type
of unsaturation: 5 percent;
2. A combination of aromatic compounds with eight or more
carbon atoms to the molecule except ethylbenzene: 8 percent;
3. A combination of ethylbenzene, ketones having branched
hydrocarbon structures trichloroethylene or tuoluene: 20 percent.
Whenever any organic solvent or any constituent of an organic solvent
may be classified from its chemical structure into more than one of
the above groups of organic compounds, it shall be considered as a
member of the most reactive chemical group; that is, that group having
the least allowable percentage of the total volume of solvents.
(k) For the purpose of this rule, organic materials are defined as
chemical compounds of carbon excluding carbon monoxide, carbon
dioxide, carbonic acid, metallic carbides, metallic carbonates and
ammonium carbonate.
(50.4) RULE 409.1. ARCHITECTURAL COATINGS
(a) A person shall not sell or offer for sale, for use in containers of
one quart capacity or larger, any architectural coating containing
photochemically reactive solvent as defined in Rule 409 (k).
(b) A person shall not employ, apply, evaporate or dry in Stanislaus
County, any architectural coating purchased in containers of one
quart capacity or larger, containing photochemically reactive
solvent, as defined in Rule 409 (k).
(c) A person shall not thin or dilute any architectural coating with a
photochemically reactive solvent, as defined in Rule 409 (k).
(d) For the purposes of this Rule, an architectural coating is defined
as a coating used for residential or commercial buildings and
their appurtenances, or industrial buildings.
(50.4) RULE 409.2. DISPOSAL AND EVAPORATION OF SOLVENTS
A person shall not, during any one day, dispose of a total of more than
1 1/2 gallons of any photochemically reactive solvent, as defined in Rule
409 (k), or any material containing more than 1 1/2 gallons of any such
photochemically reactive solvent, into the atmosphere.
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(51.16) RULE 411. GASOLINE TRANSFER INTO STATIONARY STORAGE CONTAINERS
(a) A person shall not transfer or permit the transfer of gasoline
into any stationary container installed after December 31, 1970,
with a capacity of 250 gallons or more from any tank truck or
trailer, except through a permanently submerged fill pipe,
unless such tank is equipped with a vapor loss control device or
is a pressure tank.
(b) A person shall not transfer or permit the transfer of gasoline from
any tank truck or trailer into any stationary container with a
capacity of more than 250 gallons unless such container is equipped
with a submerged fill pipe and unless 90 percent by volume of the
gasoline vapors displaced furing the filling of the stationary
container are prevented from being released to the atmosphere
through the following process:
1. The displaced gasoline vapors or gases are processed by a
system that includes (1) a vapor-tight liquid fill connector,
(2) a vapor-tight vapor return line to the delivery vessel
with a cross-sectional area at least 50 percent as great
as that of the gasoline fill line, (3) a tank vent line
properly sized, (4) the vapor-laden delivery vessel being
refilled only at facilities equipped with vapor recovery or
disposal systems described in Rule 412.
2. The displaced gasoline vapor or gases are processed by a
system approved by the Air Pollution Control Officer and with
a minimum recovery efficiency at least equivalent to that of the
system described in b. above.
3. Transfer is made to a storage container equipped as described
in Rule 410 a, b, or c.
(c) The provisions of Rule 41Ib shall not apply to the following:
1. The transfer of gasoline into stationary storage containers used
for the fueling of implements of husbandry as such vehicles
are defined in Division 16 (Section 36000 et seq.) of the
California Vehicle Code.
2. The transfer of gasoline into any stationary container having
a capacity of 2,000 gallons or less which was installed prior
to July 1, 1975.
3. Gasoline delivery vehicles which exclusively service storage
containers which are exempt from the provisions of this rule.
4. Loading facilities exempted by Rule 412 and gasoline storage
tanks and delivery vehicles served from such loading facilities.
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(d) A person shall not Install any gasoline storage container with a
capacity of more than 250 gallons unless such container is equipped
as described in this rule.
(e) For the purpose of this rule, the term "gasoline" is defined as any
petroleum distillate having a Reid vapor pressure of 4 pounds or
greater.
(f) For the purpose of this rule, the term "submerged fill pipe" is
defined as any fill pipe the discharge opening of which is
entirely submerged when the liquid level is 6 inches above the
bottom of the container. "Submerged fill pipe" when applied to
a container which is loaded from the side is defined as any pipe
the discharge opening of which is entirely submerged when the
liquid level is 18 inches above the bottom of the container.
(g) Vapor-return and/or vapor recovery systems-used to comply with the
provisions of this rule shall comply with all safety, fire, weights
and measures, and other applicable codes and/or regulations.
(h) The owner or operator of any stationary container which is subject
to this rule and which is installed on or after July 1, 1975 shall
comply with the provisions of this rule at the time of installation.
(i) If any stationary storage container subject to this rule is installed
or in the process of being installed prior to July 1, 1975, the
owner or operator of such container shall comply with the provisions
of this rule by July 1, 1976, and shall comply with the following
schedule:
1. By November 1, 1975 - Apply for an authority to construct
from the Air Pollution Control Officer for the installation
of the needed control system;
2. By January 1, 1976 - Submit to the Air Pollution Control Officer
evidence that all necessary contracts for the design, procurement,
and installation of the required emission control system have
been negotiated and signed, or evidence that orders for the
purchase of component parts necessary to accomplish the necessary
emission control have been issued;
3. By March 1, 1976 - Initiate on-site construction or installation
of emission control equipment;
4. By June 1, 1976 - Complete on-site construction or installation
of emission control equipment; and
5. By July 1, 1976 - Secure the Air Pollution Control Officer's
approval of all equipment and a permit to operate.
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(51.16) RULE 411.1. GASOLINE TRANSFER INTO VEHICLE FUEL TANKS
(a) A person shall not transfer or permit the transfer of gasoline
into any motor vehicle fuel tank of greater than 5 gallons capacity
unless such transfer 1s made through a fill nozzle which:
1. Is designed and operated to prevent the discharge of
gasoline vapors to the atmosphere from the vehicle filler
neck and the fill nozzle.
2. Directs displaced hydrocarbon vapors through the fill
nozzle to a system that will prevent at least 90 percent
by volume of such hydrocarbon vapors from entering the
atmosphere.
3. Prevents fuel tank overfills and spillage on fill nozzle
disconnect.
(b) If it is demonstrated that it is impractical to comply with the
provisions of this rule as a result of vehicle fill neck configuration,
location, or other design features for vehicles in existence or in
production on July 1, 1976, the A1r Pollution Control Officer may
find and order that the provisions of this rule shall not apply
during the filling of such vehicles. In no case, however, shall such
configuration exempt any gasoline dispensing facility from installing
and using, in the most effective manner practicable, control
equipment required by this rule.
(c) The provisions of Rule 411.1 shall not apply to the following:
1. The fueling of implements of husbandry, as such vehicles are
defined in Division 16 (Section 36000 et seq.) of the California
Vehicle Code;
2. The transfer of gasoline from any stationary storage container
having a capacity of 2,000 gallons or less which was installed
prior to July 1, 1975; or
3. The transfer of gasoline from any stationary container of a
capacity of 250 gallons or less.
4. The transfer of gasoline from any stationary storage container.
(d) For the purpose of this rule, the term "gasoline" is defined as any
petroleum distillate having a Reid vapor pressure of 4 pounds or
greater.
(e) Gasoline dispensing equipment used to comply with the provisions of
this rule shall comply with all applicable safety, fire, weights and
measures, and other applicable codes and/or regulations.
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(f) Any gasoline dispensing system subject to this rule, Installed
on or after July 1, 1975, shall comply with the provisions of
this rule at the time of installation.
(g) Any gasoline dispensing system subject to this rule, installed or
in the process of being installed prior to July 1, 1975 shall
comply with the provisions of this rule by May 31, 1977, and the
owner or operator of such system shall comply with the following
schedule:
1. By November 1, 1975 - Apply for an authority to construct
from the Air Pollution Control Officer for the installation
of the needed control system;
2. By January 1, 1976 - Submit to the Air Pollution Control
Officer evidence that all necessary contracts for the design,
procurement, and installation of the required emissions control
systems have been negotiated and signed, or evidence that
orders for the purchase of component parts necessary to
accomplish the necessary emission control have been issued;
3. By March 1, 1976 - Initiate on-site construction or
installation of emission control equipment;
4. By May 1, 1977 - Complete on-site construction or installation
of emission control equipment; and
5. By May 31, 1977 - Secure the Air Pollution Officer's approval
of all equipment and a permit to operate.
(51.16) RULE 412. ORGANIC LIQUID LOADING
A person shall not load organic liquids having a vapor pressure of 1.5
pounds per square Inch absolute or greater under actual loading
conditions into any tank truck, trailer, or railroad tank car from any
loading facility unless the loading facility is equipped with a vapor
collection and disposal system or Its equivalent approved by the Air
Pollution Control Officer.
Loading shall be accomplished in such a manner that all displaced vapor
and air will be vented only to the vapor collection system. Measures shall
be taken to prevent liquid drainage from the loading device when it is
not in use or to accomplish complete drainage before the loading device
is disconnected.
The vapor disposal portion of the vapor collection and disposal system
shall consist of one of the following:
(a) An adsorber system or condensation system which processes all
vapors and recovers at least 90 percent by weight of the organic
vapors and gases from the equipment being controlled.
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(b) A vapor handling system which directs all vapors to a fuel gas
system.
(c) Other equipment of an efficiency equal to or greater than (a)
or (b) if approved by the Air Pollution Control Officer.
This rule sha.ll apply only to the loading of organic liquids having a
vapor pressure of 1.5 pounds per square inch absolute or greater under
actual loading conditions at a facility from which at least 20,000
gallons of such organic liquids are loaded in any one day.
"Loading Facility," for the purpose of this rule, shall mean any aggregation
or combination of organic liquid loading equipment which is both (1)
possessed by one person, and (2) located so that all the organic liquid
loading outlets for such aggregation or combination of loading equipment
can be encompassed within any circle of 300 feet in diameter.
(51.16) RULE 413. EFFLUENT OIL WATER SEPARATORS
A person shall not use any compartment of any vessel or device operated
for the recovery of oil from effluent water which recovers 200 gallons a
day or more of any petroleum products from any equipment which processes,
refines, stores, or handles hydrocarbons with a Reid vapor pressure of 0.5
pounds or greater, unless such compartment is equipped with one of the
following vapor loss control devices, except when gauging or sampling is
taking place:
(a) A solid cover with all openings sealed and totally enclosing the
liquid contents of that compartment.
(b) A floating pontoon or double-deck type cover, equipped with
closure seals, to enclose any space between the cover's edge
and compartment wall.
(c) A vapor recovery system which reduces the emission of all hydro-
carbon vapors and gases into the atmosphere by at least 90 percent
by weight.
(d) Other equipment of an efficiency equal to or greater than (a), (b),
or (c) if approved by the Air Pollution Control Officer.
This rule shall not apply to any oil-effluent water separator used
exclusively in conjunction with the production of crude oil, if the water
fraction of the oil-water effluent entering the separator contains less
than 5 parts per million hydrogen sulfide, organic sulfides, or a
combination thereof.
(51.21) RULE 414. REDUCTION OF ANIMAL MATTER
A person shall not operate or use any article, machine, equipment or other
contrivance for the reduction of animal matter unless all gases, vapors
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and gas-entrained effluents from such an article, machine, equipment or
other contrivance are:
(a) Incinerated at temperatures of not less than 1200 degrees
Fahrenheit for a period of not less than 0.3 seconds, or
(b) Processed in such a manner determined by the Air Pollution
Control Officer to be equally, or more, effective for the
purpose of air pollution control than (a) above.
A person incinerating or processing gases, vapors or gas-entrained effluents
pursuant to this rule shall provide, properly install and maintain in
calibration, in good working order and in operation devices, as specified
in the authority to construct or permit to operate or as specified by the
Air Pollution Control Officer, for indicating temperature, pressure, or
other operating conditions.
For the purpose of this rule, "reduction" is defined as any heated process,
including rendering, cooking, drying, dehydration, digesting, evaporating
and protein concentrating.
The provisions of this rule shall not apply to any article, machine, equip-
ment or other contrivance used exclusively for the processing of food for
human consumption.
(51.13) RULE 415. OPEN BURNING
No person shall burn any refuse or other material in an open outdoor fire
within the boundaries of the Stanislaus County Air Pollution Control
District.
(2.0)
RULE 416. EXCEPTIONS
The exceptions to the Open Burning Rule 415 are as follows:
(a) When such fire is set or permission for such fire is given in the
performance of the official duty of any public officer, and such
fire in the opinion of such officer is necessary for the purpose of
the prevention of a fire hazard which cannot be abated by any other
means, or for the instruction of public or industrial employees in
methods of fire fighting.
(b) Safety flares for the combustion of waste gases.
(c) Fires used only for cooking of food for human beings.
(d) When the material to be burned is residential rubbish and originates
on and is being burned on premises not served by an organized solid
waste disposal service, or available to a disposal site.
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(e) Backfires or other fire control methods used for the purpose of
controlling an existing wild fire.
(f) These exceptions shall not apply to any industrial, commercial or
institutional facility wherever located, or to a residential
facility constructed for the use of more than two families.
(g) Burning for right-of-way clearing, levee and ditch bank maintenance
or open burning at dumps by a public entity or utility when a
permit is obtained from the Air Pollution Control District. This
exception shall be subject to all the provisions of Rule 416.1.
(h) Burning of Russian Thistle (tumbleweeds) when authorized by a chief
of a fire department or fire protection agency, the County
Agricultural Commissioner, or the County Air Pollution Control
Officer. This exception shall be subject to all provisions of Rule
416.1.
(i) Burning of agricultural waste as provided for in Rule 416.1.
(51.13) RULE 416.1. AGRICULTURAL BURNING
Conducting agricultural operations in the growing of crops, or raising of
fowl, animals, or bees on a farm for the primary purpose of making a profit
or for a livelihood; forest management; or range improvement; shall be
subject to the following:
(a) General Definitions
1. Agricultural Burning. Means open outdoor fire used in
agricultural operations in the growing of crops or raising
of fowl or animals, forest management, or range improvement,
including the burning of agricultural wastes.
2. Agricultural Wastes. Are defined as unwanted or unsalable
materials produced wholly from agricultural operations directly
to the growing of crops or the raising of animals for the
primary purpose of making a profit or for a livelihood:
forest management or range improvement. This also includes,
for the purpose of cultural practice burns, the burning of
fence rows and ditch banks for weed control and weed maintenance
and burning in nontillage orchard operations and paper raisin
trays, but does not include such items as shop wastes, demolition
material, garbage, oil filters, tires, pesticide containers,
broken boxes, pallets, and other similar material, or orchard
or vineyard wastes removed for land use conversion to nonagricul-
tural purposes.
3. No-Burn Day. Means any day on which the Board prohibits agricul-
tural burning.
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4. Burn Day. Means any day on which the Board does not prohibit
agricultural burning.
5. Board. Means the California State Air Resources Board or
any person authorized to act in its behalf.
6. County and Regional Authority. Includes County Air Pollution
Control Districts, Regional Air Pollution Control Districts, and
unified Air Pollution Control Districts which may exist within
the boundaries of the San Joaquin Valley Air Basin.
7. Approved Ignition Devices. Includes those instruments or
materials that will ignite agricultural waste without the
production of black smoke by the ignition device. This would
include such items as liquid petroleum gas, butane, propane or
diesel oil burners, and flares, but does not include the use of
tires, tar paper, oil and other similar materials.
(b) Prohibitions
1. No person knowingly shall set or permit agricultural burning
unless he has a valid permit from the fire cpntrol agency
designated by the local Air Pollution Control Board to issue
such permits in the area where the agricultural burn will take
place.
a. Each fire control agency so designated by the Board
shall issue agricultural burning permits subject to
the Rules and Regulations of the Board and of the
County Air Pollution Control District.
2. Each applicant for a permit shall provide information as required
by the designated fire protection agency for fire protection
purposes.
3. Each applicant for a permit shall provide information as required
by the Air Pollution Control District.
4. Prior to the burn, notice of intent shall be given by the permittee
to the fire control agency having jurisdiction over the site of
the proposed burn.
5. No permit shall be valid for any day during a period in which
agricultural burning is prohibited by the Board.
6. No permit shall be valid for any day in which burning is prohibited
by the designated fire control agency having jurisdiction over
the site of the burn for the purposes of fire control or prevention.
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7. All agricultural wastes to be burned must be free of tires,
rubbish, tar paper, construction debris, used pesticide
containers, and all other nonagricultural wastes.
8. All agricultural wastes to be burned shall be loosely stacked
in such manner as to promote drying and insure combustion
with a minimum of smoke production. All agricultural wastes
to be burned shall be free of excessive dirt, soil, and visible
surface moisture.
9. All agricultural wastes to be burned shall be ignited only with
approved types of ignition devices as defined herein.
10. The following types of agricultural waste materials to be burned
shall be allowed to dry for the following minimum time periods
or equivalent:
a. Open Burning in Agricultural Operation:
1. Rice Stubble: 4 days following harvest
2. Dry Cereals: 0 days
3. Prunings and Small Branches: 3 weeks
4. Large Branches and Trees: 6 weeks
b. Range Improvement Burning:
1. Treated brush and unwanted trees: as required by
the designated agency issuing the permit.
11. Materials to be burned shall be ignited only during daylight hours.
No material shall be added to an existing fire after 3:00 p.m.,
Pacific Standard Time.
12. .No burning of agricultural waste materials shall be permitted
which will create a nuisance as defined in Section 41700 of the
California State Health and Safety Code.
13. The Air Pollution Control Officer may restrict agricultural waste
burning to selected permittees on designated Burn Days if the
total tonnage to be ignited would discharge a volume of
contaminants into the atmosphere sufficient to cause adverse
conditions.
14. No burning of agricultural waste shall be permitted for land
use conversion to nonagricultural purposes.
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(c) Exceptions
1. Exception to Rule 416.1 (b-5 and b-11). The Air Pollution
Control Officer my grant an exception to allow burning on
a No-Burn Day so designated by the Air Resources Board, and
in certain situations to allow burning to continue past
sunset of each day when denial of such permit would threaten
imminent and substantial economic loss.
The granting of an exception does not exempt the applicant
from any other district or fire control regulation. The
applicant shall submit in writing, on the form provided, his
reasons for the exception. The Air Pollution Control Officer
may seek the advice of the County Agricultural Commissioner,
the County Farm Advisor, or other informed sources.
2. Agricultural burning at 4,000 feet or more above sea level is
exempt .from Rule 416.1 (b-5).
(51.9) RULE 417. INCINERATOR BURNING
A person shall not burn in any incinerator within the Stanislaus County Air
Pollution Control District except in a multiple-chamber incinerator as
described in Rule 102(s); or in equipment found by the Air Pollution Control
Officer to be equally effective for the purpose of air pollution control
as an approved multiple-chamber incinerator. The incineration of residential
rubbish as permitted 1n Rule 416(d) shall be conducted in accordance with
the Uniform Fire Code.
(50.0) RULE 418. EMISSION IN GENERAL
A person shall not discharge from any source whatsoever such quantities of
air contaminants or other material which cause injury, detriment, nuisance
or annoyance to any considerable number of persons or to the public or
which endanger the comfort, repose, health or safety of any such person or
the public or which cause or have a natural tendency to cause injury or
damage to business or property.
(2.0) RULE 419. EXCEPTION
The provisions of Rule 418 do not apply to odors emanating from agricultural
operations in the growing of crops or raising of fowl or animals.
(51.1) RULE 420. ORCHARD HEATERS
(a) For the purpose of this rule, an orchard heater is as defined in
rule 102(v).
(50.0) RULE 421. SEPARATION AND COMBINATION
(a) If air contaminants from a single source operation are emitted through
two or more emission points, the total emitted quantity of any air
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, contaminant limited by these Rules and Regulations cannot exceed the
quantity which would be the allowable emission through a single
, , emission point; the total emitted quantity of any such air contaminant
shall be taken as the product of the highest concentration measured
in any of the emission points and the combined exhaust gas volume
through all emission points, unless the person responsible for the
source operation establishes, to the satisfaction of the Air Pollution
Control Officer, the correct total emitted quantity.
(b) If air contaminants from two or more source operations are combined
prior to emission, and there are adequate and reliable means reasonably
susceptible to confirmation and use by the Air Pollution Control
Officer for 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, these Rules and Regulations
shall apply to each such source operation separately.
(c) If air contaminants from two or more source operations are combined
prior to emission, and the combined emissions cannot be separated
according to the requirements of Rule 421 (b), these Rules and
Regulations shall be applied to the combined emission as if it originated
in a single source operation subject to the more stringent limitations
and requirements placed by these Rules and Regulations on any of the
source operations whose air contaminants are so combined.
(10.0) RULE 422. NEW SOURCE PERFORMANCE STANDARDS
All new sources of air pollution and modifications of existing sources of
air pollution shall, to the extent required therein, comply with the
standards, criteria and requirements set forth in the Stanislaus County
Air Pollution Control District New Source Performance Standards.
(11.0) RULE 423. EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
All sources of hazardous air pollutants shall, to the extent required therein,
comply with the standards, criteria and requirements set forth in the
Stanislaus County Air Pollution Control District Emission Standards for
Hazardous Air Pollutants.
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REGULATION V - PROCEDURE BEFORE THE HEARING BOARD
(16.0) RULE 501. APPLICABLE ARTICLES OF THE HEALTH AND SAFETY CODE
The provisions of Division 26, Part 3, Chapter 8 and Part 4, Chapter 4,
Article 2 of the State of California Health and Safety Code, respectively
entitled Variances and Procedure.
(2.0) RULE 502. GENERAL
This regulation shall apply to all hearings before the Hearing Board of the
Air Pollution Control District.
(16.0) RULE 503. FILING PETITIONS
Requests for hearing shall be initiated by the filing of a petition in
triplicate with the clerk of the Hearing Board, and the payment of the fee
of $25 provided for in Rule 305 of these rules and regulations, after service
of a copy of the petition has been made on the A1r Pollution Control Officer
and one copy on the holder of the permit or variance, if any, involved.
Service may be made 1n person or by mall and service may be proved by
written acknowledgement of the person served or by the affidavit of the
person making the service.
(2.0) RULE 504. CONTENTS OF PETITIONS
Every petition shall state:
(a) The name, address, and telephone number of the petitioner or other
person authorized to receive service of notices.
(b) Whether the petitioner is an individual, co-partner, corporation,
or other entity, and names and addresses of the partners if a co-
partnership, names and addresses of the officers 1f a corporation,
and the names and addresses of the persons in control if other entity.
(c) The. type of business or activity Involved 1n the application and the
street address at which it 1s conducted.
(d) A brief description of the article, machine, equipment, or other
contrivance, if any, Involved in the application.
(e) The section or rule under which the petition is filed, that is,
whether petitioner desires a hearing:
1. To determine whether a permit shall be revoked or a suspended
permit reinstated under Section 42307 of the Health and Safety
Code of the State of California.
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2. For a variance under Section
3. To revoke or modify a variance under Section 42356 of the
Health and Safety Code of the State of California.
4. To review the dental or conditional granting of an authority
to construct or permit to operate under Rule 201 of these
Rules and Regulations.
(f) Each petition shall be signed by the petitioner, pr 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
fule under which permit was granted, the rule or section which is
alleged to have been violated, together with a brief statement of
the facts constituting such alleged violation.
(h) Petitions for reinstatement of suspended permits shall allege in
addition the rule under which the permit was granted, the request
and alleged refusal which formed the basis for such suspension,
together with a brief statement as to why information requested, if
any, was not furnished, whether such information is believed by
petitioner to be pertinent, and if so, when it will be furnished.
(i) All petitions shall be typewritten, double spaced, on legal or
letter size paper, on one side of the paper only, leaving a
margin of at least one inch at the top and left side of each sheet.
(5.0) RULE 505. PETITIONS FOR VARIANCES
In addition to the matters required by Rule 504, petitions for variances shall
state briefly:
(a) The section, rule, or order complained of.
(b) The facts showing why compliance with the section, rule, or order
is unreasonable.
(c) For what period of time the variance is sought and why. Include a
compliance schedule which shows the dates when the following milestones
will be or were completed:
1. Submission of final control plans.
2. Issuance of contracts or purchase orders for the process and
control equipment.
3. Initiation of on site construction of process or control
equipment.
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4. Completion of process and control equipment and
5. Final compliance.
(d) The damage or harm resulting, or which would result, to petitioner
from a compliance with such section, rule, or order,
(e) The requirements which petitioner can meet and the date when petitioner
can comply with such requirements.
(f) The advantages and disadvantages to the residents of the district
resulting from requiring compliance or resulting from granting a
variance.
(g) Whether or not operations under such variance, if granted, would
constitute a nuisance.
(h) Whether or not any case involving the same identical equipment or
process is pending in any court, civil or criminal.
(i) Whether or not the subject equipment or process is covered by a permit
to operate issued by the A1r Pollution Control Officer.
(3.0) RULE 506. APPEAL FROM DENIAL
A petition to review a denial or conditional approval of a permit shall, in
addition to the matters required by Rule 504, set forth a summary of the
application or a copy thereof and the alleged reasons for the denial or
conditional approval and reasons for appeal.
(16.0) RULE 507. FAILURE TO COMPLY WITH RULES
The clerk of the Hearing Board shall not accept for filing any petition which
does not comply with these rules relating to the form, filing and service
of petitions unless the chairman or any two members of the Hearing Board
direct otherwise and confirm such direction in writing. Such direction need
not be made at a meeting of the Hearing Board. The chairman or any two
members, without a meeting, may require the petitioner to state further
facts or reframe a petition so as to disclose clearly the issues involved.
(16.0) RULE 508. ANSWERS
Any person may file an answer within 10 days after service. All answers
shall be served the same as petitions under Rule 503.
(16.0) RULE 509. DISMISSAL OF PETITION
The petitioner may dismiss his petition at any time before submission of
the case to the Hearing Board, without a hearing or meeting of the Hearing
Board. The clerk of the Hearing Board shall notify all interested persons
of such dismissal.
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(16.0) Rule 510. PLACE OF HEARING
All hearings shall be held at a place designated by the Hearing Board.
(3?80 RULE 511. NOTICE OF HEARING
(16.0) —
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 per-
mit or variance involved, if any, and to any person entitled to notice under
Sections 42308, 40825, 40823, or 40826 of the Health and Safety Code.
(16.0) RULE 512. EVIDENCE
(a) Oral evidence shall be taken only on oath or affirmation.
(b) Each party shall have these rights: (1) to call and examine
witnesses: (2) to introduce exhibits: (3) to cross-examine opposing
witnesses on any matter relevant to the\ issues even though that
matter was not covered in the direct examination: (4) to impeach
any witness regularly of which party first called him to testify:
(5) and to rebut the evidence against him. If respondent does not
testify in his own behalf, he may be called and examined as if
under cross-examination.
(c) The Hearing need not be conducted according to technical rules
relating to evidence and witnesses. Any relevant evidence shall be
admitted if it is the sort of evidence on which responsible persons
are accustomed to rely on in the conduct of serious affairs,
regardless of the existence of any common law or statutory rule which
might make improper the admission of such evidence over objection in
civil actions. Hearsay evidence may be used for the purpose of supple-
menting or explaining any direct evidence, but shall not be sufficient
in itself to support a finding, unless it would be admissible over
objection in civil actions. The rules of privilege shall be
effective to the same extent that they are now or hereafter may be
recognized in civil actions, and irrelevant and unduly repetitious
evidence shall be excluded.
(16.0) RULE 513. PRELIMINARY MATTERS
Preliminary matters such as setting a date for hearing, granting
continuances, approving petitions for filing, allowing amendments and other
preliminary ratings not determinative of the merits of the case may be
made by the chairman or any two members of the Hearing Board without a
hearing or meeting of the Hearing Board and without notice.
(16.0) RULE 514. OFFICIAL NOTICE
The Hearing Board may take official notice of'any matter which may be
judicially noticed by the courts of this State.
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(16.0) RULE §15. CONTINUANCES
The chairman or any two members of the Hearing Board shall grant any
continuance of 15 days or less, concurred in by petitioner, the Air
Pollution Control Officer and by every person who has filed an answer
in the action and may grant any reasonable continuance in either case,
such action may be exparte, without a meeting of the Hearing Board and
without prior notice.
(16.0) RULE 516. DECISION
The decision shall be in writing, served and filed within 15 days after
submission of the cause by the parties thereto and shall contain a brief
statement of facts found to be true, the determination of the issues
presented and the order of the Hearing Board. A copy shall be mailed or
delivered to the Air Pollution Control Officer, the petitioner, and to
every person who has filed an answer or who has appeared as a party in
person or by counsel at the hearing.
(16.0) RULE 517. EFFECTIVE DATE OF DECISION
The decision shall become effective 15 days after delivering or mailing
a copy of the decision as provided in Rule 516 or the Hearing Board may
order that the decision shall become effective sooner.
(3.0) RULE 518. LACK OF PERMIT
An appeal from a denial of a permit and a petition for a variance may be
filed with the Hearing Board 1n a single petition. A variance granted
by the Hearing Board may Include a permit for the duration of the variance.
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