U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-296 661
Air Pollution Regulations in
State Implementation Plans
California, Colusa County
Abcor, Inc, Wilmington, MA Walden Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NC Control
Programs Development Div
Aug 78
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v^EPA
PB 296661
United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
EPA-450/3-78-054-4
August 1978 -
Air
Pollution Regulations
in State Implementation
Plans:
California
Colusa Gounty
.r •
; REPRODUCED BY
NATIONAL TECHNICAL '
INFORAAATION SERVICE i
U. S. DEPARTMENT OF COMMERCE '
SPRINGFIELD. VA. 22161 I
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TECHNICAL REPORT DATA
(Please read Instructions on the reverse before completing)
1. REPORT NO.
EPA-450/3-78-054-4
2.
4. TITLE AND SUBTITLE
Air Pollution Regulations in State Implementation i
Plans: Colusa County
3. RECIP
6. REPORT DATE
August 1978
6. PERFORMING ORGANIZATION CODE
7. AUTHOR(S)
8. PERFORMING ORGANIZATION REPORT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Walden Division of Abcor, Inc.
Wilmington, Mass.
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT NO.
68-02-2890
12. SPONSORING AGENCY NAME AND ADDRESS
13. TYPE OF REPORT AND PERIOD COVERED
Control Programs Development Division
Office of Air Quality Planning and Standards
Office of Air, Noise, and Radiation
Research Triangle Park, NC 27711
14. SPONSORING AGENCY CODE
15. SUPPLEMENTARY NOTES
EPA Project Officer: Bob Schell, Control Programs Development Division
16. ABSTRACT
This document has been produced in compliance with Section 110(h)(l) of the Clean Air
Act amendments of 1977. The Federally enforceable regulations contained in the State
Implementation Plans (SIPs) have been compiled for all 56 States and territories
(with the exception of the Northern Mariana Islands). They consist of both the
Federally approved State and/or local air quality regulations as indicated in the
Federal Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of the above
categories as of January 1, 1978, have been incorporated. As mandated by Congress,
this document will be updated annually. State and/or local air Quality regulations
which have not been Federally approved as of January 1, 1978, are not included here;
omission of these regulations from this document in no way affects the ability of •
the respective Federal, State, or local agencies to enforce such regulations.
17.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
b.lOENTIFIERS/OPEN ENDED TERMS
c. COSATl Field/Group
Air pollution
Federal Regulations
Pollution
State Implementation Plans
18. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
19. SECURITY CLASS (This Report)
Unclassified
20. SECURITY CLASS (This page)
Unclassified
22. PRICE
•\
EPA Form 2220-1 (9-73)
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EPA-450/3-78-054-4
Air Pollution Regulations
in State Implementation Plans
* _
California
Colusa County
by
Walden Division of Abcor, Inc.
Wilmington, Massachusetts
Contract No. 68-02-2890
EPA Project Officer: Bob Schell
Prepared for
U.S. ENVIRONMENTAL PROTECTION AGENCY
Office of Air, Noise, and Radiation
Office of Air Quality Planning and Standards
Research Triangle Park, North Carolina 27711
August 1978
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This report is issued by the Environmental Protection Agency to
report air pollution regulations of interest to a limited number of
readers. Copies are available, for a fee, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
This report was furnished to the Environmental Protection Agency by
Walden Division of Abcor, Inc., Wilmington, Mass. 01887, in fulfillment
of Contract No. 68-02-2890. The contents of this report are reproduced
herein as received from Walden Division of Abcor, Inc. The opinions,
findings, and conclusions expressed are those of the author and not
necessarily those of the Environmental Protection Agency. Mention of
company or product names is not to be considered as an endorsement
by the Environmental Protection Agency.
Publication No. EPA-450/3-78-054-4
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 or 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-
jlate matter process weight (50.1.1), or copper smelters (51.15). Federal
regulations pertaining to a given State-immediately follow the approved
State and local regulations.
Additionally, a summary sheet of the information included in each
comprehensive document is presented prior to the regulatory text to
allow one to quickly assess the contents of the document. Specifically,
the summary sheets contain the date of submittal to EPA of each revision
iii
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to the SIP and the date of the Federal Register in which the revision
was either approved or disapproved by EPA. Finally, a brief description
or reference of the regulation which was submitted is also included.
This document is not intended to provide a tool for determining
the enforceability of any given regulation. As stated above, it is
intended to provide a comprehensive compilation of those regulations
which ars incorporated directly or by reference into Title 40, Part 52,
of the Code of Federal Regulations. Consequently, the exclusion of a
Federally approved regulation from this document does not diminish the
enforceability of the regulation. Similarly, the inclusion of a given
regulation (for example, regulations governing pollutants, such as odors,
for which there is no national ambient air quality standards) in this
document does not, in itself, render the regulation enforceable.
IV
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SUMMARY SHEET
OF
EPA-APPROVED REGULATION CHANGES
COLUSA COUNTY, CALIF.
Submittal Date
6/30/72
7/25/73
1/10/75
2/10/76
Approved Date
9/22/72
8/22/77
8/22/77
8/22/77
Description
All regs. approved unless
noted otherwise
Rule 6.5 & Amendment #3
Rules 6.2, 6.4d (1-2).
(Note: Existing rule
4.4(g) is disapproved.)
Rules 6.6A.I and
6.6A.II-1 (a-f)
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DOCUMENTATION OF CURRENT EPA-APPROVED
STATE AIR POLLUTION REGULATIONS
REVISED STANDARD SUBJECT INDEX
1.0 DEFINITIONS
2.0 GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES
3.0 REGISTRATION CERTIFICATES, OPERATING PERMITS AND APPLICATIONS
4.0 AIR QUALITY STANDARDS (PRIMARY AND SECONDARY)
4.1 PARTICULATES
4.2 SULFUR DIOXIDE
4.3 NITRIC OXIDES
4.4 HYDROCARBONS
4.5 CARBON MONOXIDE
4.6 OXIDANTS
4.7 OTHERS
5.0 VARIANCES
6.0 COMPLIANCE SCHEDULES
7.0 EQUIPMENT MALFUNCTION AND MAINTENANCE
8.0 EMERGENCY EPISODES
9.0 AIR QUALITY SURVEILLANCE AND SOURCE TESTING
10.0 - NEW SOURCE PERFORMANCE STANDARDS
11.0 NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS
12.0 MOTOR VEHICLE EMISSIONS AND CONTROLS
13.0 RECORD KEEPING AND REPORTING
14.0 PUBLIC AVAILABILITY OF DATA
15.0 LEGAL AUTHORITY AND ENFORCEMENT
16.0 HEARINGS, COMPLAINTS, AND INVESTIGATIONS
17.0 PREVENTION OF SIGNIFICANT DETERIORATION
18.0 AIR QUALITY MAINTENANCE AREA
19.0 - 49.0
RESERVED FOR FUTURE EXPANSION OF COMMON INDEX
50.0 POLLUTANT - SPECIFIC REGULATIONS
50.1 PARTICULATES
50.1.1 PROCESS WEIGHT
50.1.2 VISIBLE EMISSIONS
50.1.3 GENERAL
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50.2 SULFUR COMPOUNDS
50.3 NITRIC OXIDES
50.4 HYDROCARBONS
50.5 CARBON MONOXIDE
50.6 ODOROUS POLLUTANTS
50.7 OTHERS (Pb, Hg, etc.)
51.0 SOURCE CATEGORY SPECIFIC REGULATIONS
51.1 AGRICULTURAL PROCESSES (Includes Grain Handling, Orchard Heaters,
Rice and Soybean Facilities, Related Topics)
51.2 COAL OPERATIONS (includes Cleaning, Preparation, Coal Refuse
Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
51.3 CONSTRUCTION (includes Cement Plants, Materials Handling, Topics
Related to Construction Industry)
51.4 FERROUS FOUNDRIES (includes Blast Furnaces, Related Topics)
51.5 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Particulates
(includes Fuel Content and Other Related Topics)
51.6 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (includes
Fuel Content and Other Related Topics)
51.7 FUEL BURNING EQUIPMENT (oil, natural gas, coal) - N02 (includes
Fuel Content and Other Related Topics)
51.8 HOT MIX ASPHALT PLANTS
51.9 INCINERATION
51.10 NITRIC ACID PLANTS
51.11 NON-FERROUS SMELTERS (Zn, Cu, etc.) - Sulfur Dioxide
51.12 NUCLEAR ENERGY FACILITIES (includes Related Topic)
51.13 OPEN BURNING (includes Forest Management, Forest Fire, Fire
Fighting Practice, Agricultural Burning and Related Topics)
51.14 PAPER PULP; WOOD PULP AND KRAFT MILLS (includes Related Topics)
51.15 PETROLEUM REFINERIES
51.16 PETROLEUM STORAGE (includes Loading. Unloading, Handling and
Related Topics)
51.17 SECONDARY METAL OPERATIONS (includes Aluminum, Steel and Related
Topics)
51.18 SULFURIC ACID PLANTS
51.19 SULFURIC RECOVERY OPERATIONS
51.20 WOOD WASTE BURNERS
51.21 MISCELLANEOUS TOPICS
vii
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TABLE OF CONTENTS
COLUSA COUNTY REGULATIONS
Revised Standard
Subject Index
- -
(3.0)
(1.0)
(2.0)
(15.0)
(2.0)
(5.0)
(2.0)
- -
(3.0)
(3.0)
(3.0)
(3.0)
(3.0)
1
(3.0)
(3.0)
(3.0)
(3.0)
(3.0)
(3.0)
(2.0)
(2.0)
Regulation
Rule Number
Regulation 1
Rule 1.1
1.2
1.3
1.4
1.5
1.6
1.7
Regulation 11
Rule 2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10
2.11
2.12
2.13
Title
General Provisions
Title
Definitions
Confidential Information
Enforcement
Validity
Air Resources Board Power
To Supercede
Effective Date
Registration and Permits
-
-
-
Permits General Requirements
Permits Required
Exemptions
Standards for Granting
Applications for Permits
Conditional Approval
Denial of Applications
Further Information
Action on Application
Appeal s
Appeal Fee
Page
Number
1
1
1
3
4
4
4
4
5
5
5
5
5
6
6
7
8
9
9
9
9
10
viii
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Revised Standard
Subject Index
(16.0)
(16.0)
- -
(2.0)
(9.0)
(50.1.2)
(2.0)
(50.7)
(2.0)
(50.1.2)
(51.13)
(51.9)
(50.1)
(50.1.1)
(50.0)
(51.1)
(51.21)
(51.2V
(51.16)
(2.0)
(2.0)
(2.0)
(12.0)
Regulation
Rule Number
Regulation 111
Rule 3.1
Regulation IV
Rule 4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
4.9
4.10
4.11
4.12
4.13
4.14
4.15
4.16
4.17
4.18
4.19
4.20
Page
Title Number
Fees 11
Hearing Board Fees 11
Prohibitions 12
Prohibitions Under State Law 12
Analyses Required 12
Ringelmann Chart 12
Exceptions 12
Nuisance 13
Additional Exception 13
Wet Plumes 13
Open Burning 13
Incinerator Burning 14
Paniculate Matter 15
Dust and Condensed Fumes 15
Specific Contaminants 17
Prohibitions Regarding Orchard 17
or Citrus Fruit Heaters
Additional Prohibitions 17
Reduction of Animal Matter 18
Gasoline Storage 18
Circumvention 18
Separation of Emissions 19
Combination of Emissions 19
'Emission Control for Used 19
Motor Vehicles
IX
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Revised Standard
Subject Index
- -
(2.0)
(2.0)
(2.0)
(2.0)
(5.0)
(2.0)
(2.0)
(2.0)
(16.0)
(16.0)
(2.0)
(13.0)
(2.0)
(2.0)
(2.0)
(2.0)
(2.0)
- -
(51.13)
(3.0)
(51.13)
(51.13)
Regulation
Rule Number
Regulation V
Rule 5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
5.9
5.10
5.11
5.12
5.13
5.14
5.15
5.16
5.17
Regulation VI
Rule 6.1
6.2
6.3
6.4
Page
Title Number
Procedure Before the Hearing 20
Board
Applicable Articles of the 20
Health & Safety Code
General 20
Filing Petitions 20
Contents of Petitions 20
Petition for Variances 21
Failure to Comply With Rules 21
Answers 21
Dismissal of Petition 22
Place of Hearing 22
Notice of Hearing 22
Evidence 22
Record of Proceedings 22
Preliminary Matters 23
Official Notice 23
Continuances 23
Decision 23
Effective Date of Decision 24
Agriculture Burning 25
Agricultural Burning Permits 25
Permit Form . 25
No Burn Days 25
Preparation of Agricultural 25
Waste
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Revised Standard Regulation Page
Subject Index Rule Number Title Number
(51.13) 6.5 Restricted Burning Days 26
(3.0) 6.6 Fire Permit Agencies 26
(2.0) 6.7 Exceptions 29
(51.13) 6.8 Tires 29
(51.13) 6.9 Fire Prevention 29
(51.13) 6.10 Burning on No-Burn-Days 29
(15.0) 6.11 Enforcement 29
(15.0) 6.12 Penalty 30
XI i
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-REGULATION I - GENERAL PROVISIONS
(3.0) RULE 1.1 Title
These rules and regulations shall be known as the Rules and Regulations
of the Colusa County Air Pollution Control District.
(1.0) RULE 1.2 Definitions
Except as otherwise specifically provided in these rules and, except
where the context otherwise indicates, words used in these rules are
used in exactly the same sense as the same words are used in Chapter 2,
Division 20, of the Health and Safety Code.
A. Air Contaminant. "Air Contaminant" includes smoke, charred paper,
dust, soot, grime, carbon, noxious acids, fumes, gases, odors,
or particulate matter, or any combination thereof.
B. 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 equip;-
ment, such emission into the building shall be considered an
emission into the atmosphere.
C. Board. "Board" means the Air Pollution Control Board of the Air
Pollution Control District of Colusa County.
D. Combustible Refuse. "Combustible Refuse" is any solid or liquid
combustible waste material containing carbon in a free or combined
state.
E. 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.
F. 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
sublimination, distillation, calcination, or chemical reaction,
when these processes create air-borne particles.
G. Control Officer. "Control Officer" means the Air Pollution Control
Officer of the Air Pollution Control District of Colusa County.
H. District. "District" is the Air Pollution Control District of Colusa
County.
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I. 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.
J. Hearing Board. "Hearing Board" means the Hearing Board of the
Air Pollution Control District of Colusa County.
K. Multiple-Chamber Inclnerater. "Multiple-Chamber Incinerator"
is any article, machine, equipment, contrivance, structure
or any part of a structure used to dispose of combustible refuse
by burning, consisting of three or more refractory lined combustion
furnaces in series, physically separated by refractory walls
interconnected by gas passage ports or ducts, and employing adequate
design parameters necessary for maximum combustion of the material
to be burned. The refractories shall have a Pyrometric Cone equiva-
lent of at least 17, tested according to the method described in
the American Society for Testing Material, Method C-24.
L. Orchard or Citrus Grove Heater. "Orchard or Citrus Grove Heater"
means any article, machine, equipment, bowl burner, or other contri-
vance, burning any type fuel, capable of emitting air contaminants,
used or capable of being used for the purpose of giving protection
from frost damage in .areas not completely enclosed; the word
"Orchard" includes orchard or plant nurseries.
M. 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.
N. Person. "Person" means any person, firm, association, organization,
partnership, business trust, corporation, company, contractor,
supplies, installer, user or owner, or any state or local govern-
mental agency or publi-c district or any officer or employee thereof.
0. Process Weight Per Hour. "Process Weight" is the total weight
of all materials introduced into any specific process which pro-
cess may cause any discharge into the atmosphere. Solid fuels
charged will be considered as part of the process weight, but
liquid and gaseous fuels and combustion air will not. "The Process
Weight Per Hour" will be derived by dividing the total process
weight by the number of hours in one complete operation from the
beginning of any given process to the completion thereof, excluding
any time during which the equipment is idle.
P. Regulation. "Regulation" means one of the ma.ior subdivisions of the
Rules of the Air Pollution Control District of Colusa County.
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Q. Rule. "Rule" means a rule of the Air Pollution Control District
of Colusa County.
R. Section. "Section" means section of the Health and Safety Code
of the State of California unless some other statute is specifi-
cally mentioned.
S. Standard Conditions. "Standard Conditions" as used in these
regulations, 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 th.is
gas temperature and pressure.
T. Open Outdoor Fire. "Open Outdoor Fire" as used in this regulation
means combustion of any combustible refuse or other material of
any type outdoors in the open air not in any enclosure, where
the products of combustion are not directed through a flue.
U. Residential Rubbish. "Residential Rubbish" means refuse originating
from residential uses and includes wood, paper, cloth, cardboard,
tree trimmings, leaves, lawn clippings, and dry plants.
V. Institutional Facility. "Institutional Facility" means any hospital
boarding home, school, corporation yard, or like facility.
W. Source Operation. "Source Operation" means the last operation
preceding the emission of an air contaminant, which operation (a)
results in the separation of the air contaminant from the process
materials or in the conversion of the process materials into air
contaminants, as in the case of combustion of fuel; and (b) is not
an air pollution abatement operation.
(2.0) RULE 1.3 Confidential Information
All investigations conducted, and information obtained by the Control
Officer, except data or information on amount of emission and percentage
control, shall be confidential, and shall not be disclosed without
prior written consent of the person or persons owning or operating the
proper affected.
a. Nothing contained in this rule shall limit the Control Officer's
use of any material, investigation data, or information in any
proceedings before the Hearing Board, the Control Board, or any
Court of competent jurisdiction.
b. The unauthorized disclosure of such confidential information shall
constitute a misdemeanor.
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(15.0) RULE 1.4
(5.0)
(2.0)
Enforcement
These rules and regulations shall be enforced by the Control Officer
under authority of Health and Safety Code, Section 24224 (b) Article
2, and Sections 24260, 24262, Article 4; and all officers empowered by
Section 24221, Article 2.
(2.0) RULE 1.5
Validity
If any regulation, rule, subdivision, sentence, clause, or phrase
of these Rules and Regulations is for any reason held to be unconstitu-
tional or invalid, such decision shall not affect the validity of the
remaining portions of these Rules and Regulations. The Air Pollution
Control Board hereby declares that it would have adopted these Rules and
Regulations and every regulation, rule, subdivision, sentence, clause,
and phrase thereof irrespective of the fact that any one or more
regulations, rules, subdivisions, sentences, clauses, or phrases
be declared unconstitutional or invalid.
RULE 1.6
Air Resources Board Power to Supercede.
Approval by the Air Resource Board of any variance to these rules and
regulations shall supercede the rules and regulations promulgated by
the Colusa County Air Pollution Control District.
RULE 1.7
Effective Date
These amended Rules and Regulations shall take effect on April 4, 1972.
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REGULATION II - REGISTRATION AND PERMITS
(3.0) RULE 2.1
Subject to the exemptions specified in Rule 2.4, each facility which
operates any article, machine, equipment, or other contrivance which,
in its operation, emits or may emit, reduce, or control air contamin-
ant as herein defined, shall be registered with the Control Officer.
The person responsible for the operation of such facility shall regi-
ster of cause same to be registered within 90 days after the adoption
of these rules and regulations or within 30 days after such facility
first becomes subject to registration, whichever is later. The person
responsible for such registration shall maintain the same in a current
status by notifying the Control Officer in writing of any significant
change in any item of information furnished in compliance with this
section.
(3.0) RULE 2.2
A person registering a facility as required by Rule 2.1 shall include in
such registration the following:
a. The business name of the facility.
b. The location of the facility.
c. The name and address of the responsible managing officer.
d. A general description of the facility.
e. The nature of the business.
f. The number and description of the contaminant producing items
involved.
g. Any other pertinent information required by the Air Pollution Control
Officer relating to the emission of air pollutants.
(3.0) RULE 2.3
I
Every person who is subject to these rules and regulations may be served
with notices, including notices of hearing before the Hearing Board, by
Certified Mail, addressed to the address contained in the registration
file with the Control Officer.
(3.0) RULE 2.4 Permits General Requirements
a. No person shall cause or permit the construction or modification of
any new source of air contaminants without first obtaining an
authority to construct or modify from the Air Pollution Control
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Officer as to the location and design of such new source to comply
with applicable rules and regulations and ambient air quality
standards of the District.
b. The Air Pollution Control Officer shall not approve such con-
struction or modification.unless the applicant demonstrates to
the satisfaction of the Air Pollution Control Officer that the
new source can be expected to comply with all the applicable
state laws and District rules and regulations.
(3.0) RULE 2. 5 Permits Required
a. Authority to Construct. Any person building, erecting, alterinq
or replacing any article, machine, equipment or other contrivance,
the use of which may cause the issuance of air contaminants or the
use of which may eliminate or reduce or control the issuance of
air contaminants, shall first obtain written authorization for
such construction from the Air Pollution Control Officer. An
authority to construct shall remain in effect until the permit
to operate the equipment for which the application was filed is
granted or denied or the application is cancelled.
b. Permit to Operate. Before any article, machine, equipment or other
contrivance described in subsection (a) above, may be operated or
used, or leased or rented for operation or use, a written permit
shall be obtained from the Air Pollution Control Officer. No
permit to operate or use shall be granted either by the Air Pollu-
tion Control Officer or the Hearing Board for any-article, machine,
equipment or contrivance described in subsection (a) above, construc-
ted or installed without authorization as required by subsection
(a) above, until the information required pursuant to these Rules
and Regulations is presented to the Air Pollution Control Officer.
(3.0) RULE 2.6 Exemptions
These are hereby exempted from the registration and permit requirements:
a. Vehicles as defined by the Vehicle Code of the State of California
and aircraft.
b. Internal combustion engines.
c. Combustion 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. Comfort air conditioning or comfort ventilating system which is not
designed to remove air contaminants generated or released from
specific units or equipment.
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e. Equipment used exclusively for enclosed space heating, other than
boilers.
f. Equipment used for the purpose of preparing food, in restaurants,
bakeries, and confectioneries.
g. Steam generators, steam superheaters, water heaters, and closed
heat transfer systems that are fired exclusively with one of the
following:
1. Natural gas.
2. Liquefied petroleum gas.
3. A combination of natural gas and liquefied petroleum gas.
h. All agricultural equipment, other than orchard heaters emitting
more than one (1) gram per minute of unconsumed solid carbonaceous
matter. •
i. Self-propelled mobile construction equipment, other than pavement
burners, used in grading, leveling, paving or other similar operation.
The exemptions set forth above do not supersede the provisions hereinafter
provided in Regulation IV.
(3.0) RULE 2.7 Standards for Granting Applications for Permits
a. The Air Pollution Control Officer shall deny authorization to
construct, or permit to operate except as provided in the "Exemp-
tions" above, if the applicant does not show that every article,
machine, equipment or other contrivance, the use of which may
cause the issuance of air contaminants, or the use of which may
eliminate or reduce or control the issuance of air contaminants,
is so designed, controlled, or equipped with such air pollution
control equipment that it may be expected to operate without
emitting or without causing to be emitted air contaminants in
violation of all applicable state and local regulations.
b. No authority to construct or modify shall be granted unless the
applicant shows to the satisfaction of the Air Pollution Control
Officer that the new source, as designed or modified, does not
endanger maintenance or attainment of any applicable ambient air
quality standard.
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c. Before authorization to construct or 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 test purposes in order to secure information that will disclose
the nature, extent, quantity or degree of air contaminants discharged
into the atmosphere from the article, machine, equipment, or other
contrivance described in the authorization to construct or permit
to operate. 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; the access to the sampling platform, and
the utilities for operating the sampling and testing equipment. The
platform and access shall be constructed in accordance with the
General Industry Safety Orders of the State of California.
d. In acting upon a Permit to Operate, if the Air Pollution Officer
finds that the article, machine, equipment or other contrivance
has been constructed not in accordance with the Authorization 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 article, machine, equipment or other contrivance so
constructed until he finds that the article, machine, equipment
or other contrivance has been reconstructed in accordance with the
Authorization to Construct.
e. The fact that an authorization to construct or modify or a permit
to operate an article, machine, equipment or other contrivance
described therein shall have been issued by the Air Pollution Control
Officer shall not be an endorsement of such article, machine,
or other contrivance nor shall it be deemed or construed to be a
warranty, guarantee or representation on the part of the Air Pollution
Control Officer that emission standards may not be exceeded by such
article, machine, equipment, or other contrivance. In every instance
the person, firm or corporation to whom such authorization or permit
is issued shall be and remain responsible under these regulations
for each and every instance wherein emission standards are exceeded
by the article, machine, equipment or contrivance described in
the permit, and the fact of issuance or authorization shall not be
a defense to or mitigation of any charge of violation.
(3.0) RULE 2.8- Conditional Approval
The Air Pollution Control Officer may issue an authorization to construct
or a permit to operate, subject to conditions which will bring the opera-
tion of any article, machine, equipment or other contrivance within
the permit standards in which case the conditions shall be specified
in writing. Commencing work under such an authorization to construct,
or operation under such a permit to operate, shall be deemed acceptance
to all the conditions so specified. The Air Pollution Control Officer
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shall issue an authorization to construct or a permit to operate with
revised conditions upon receipt of a new application, if the applicant
demonstrates that the article, machine, equipment or other contrivance
can operate within the permit standards under the revised conditions.
(3.0) RULE 2.9 Denial of Applications
In the event of denial of authorization to construct or permit to
operate,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 proven by the
written acknowledgement of the persons served or by the affidavit of
the person making the service. The Air Pollution Control Officer shall
not accept further application unless the applicant has corrected those
matters specified by the Air Pollution Control Officer as his reasons
for denial of the authorization to construct or permit to operate.
(3.0) RULE 2.10 Further Information
Before acting on an application for authorization to construct or permit
to operate, the Air Pollution Control Officer may require the applicant
to furnish information or further plans or specifications.
(3.0) RULE 2.11 Action on Applications
The applicant may at his option, deem the authority to construct or
permit to operate denied if the Air Pollution Control Officer fails to
act on the application within thirty (30) days after filing, or within
thirty (30) days after applicant furnished the further information, plans
and specifications requested by the Air Pollution Control Officer, which-
ever is later, and if during such periods the Air Pollution Control
Officer has failed to notify the applicant that his application is still
under consideration. Within thirty (30) days after the first day on
which the applicant may deem such denial, the applicant may appeal pur-
suant to the procedures of Section 2.12.
(2.0) RULE 2.12 Appeals
Within ten (10) working days after service of notice by the Air Pollution
Control Officer of denial or conditional approval of an authorization
to construct or a permit to operate, the applicant may petition the
Hearing Board, in writing, pursuant to the provisions of Regulation V of
these Rules and Regulations, for a public hearing. The Hearing Board
after notice and a public hearing held within thirty (30) days after
filing of the petition, may order the action of the Air Pollution Control
Officer sustained or reversed, and such order may be made subject to
specified conditions.
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(2.0) RULE 2.13 Appeal Fee
Any applicant filing an appeal pursuant to Regulation V shall pay a
filing fee in the amount of $25.00, which fee shall not be return-
able.
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REGULATION III - FEES
(16.0) RULE 3.1 Hearing Board Fees
a. Every applicant or petitioner for a variance or for the extension,
revocation or modification of a variance, except any state or local
governmental agency or public district, shall pay to the clerk of
the Hearing Board, on filing a fee in the sum of $25.00. It is
hereby determined that the cost of administration of Article 5,
Chapter 2, Division 20, Health and Safety Code or Rule 5.3, Regu-
lation V, exceeds $25.00 per petition.
b. Any person requesting a transcript of the hearing shall pay the
cost of preparing such transcript.
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REGULATION IV - PROHIBITIONS
(2.0) RULE 4.1 Prohibitions under State Law
The provisions of Article 3, Chapter 2, Division 20 of the State of
California Health and Safety Code, entitled Prohibitions, are applicable
within the boundaries of the Colusa County Air Pollution Control District.
(9.0) RULE 4.2 Analyses Required
The Control Officer at any time may require from any person subject to
the regulations of the Board, such information at analyses as will
disclose the nature, extent, quantity or degree of air contaminants
which, are or may be discharged by such source and may require that such
disclosures be certified by a professional engineer registered in the
State. In addition to such report, the Control Officer may request the i
Control Officer may request the Air Pollution Control Board to hire a
registered professional engineer to make an independent study and re-
port as to the nature, extent, quantity and degree of any air contamin-
ants which are or may be discharged from the source. An engineer so des-
ignated is authorized to inspect any article,,machine, equipment or
other contrivance necessary to make the inspection and report.
(50.1.2) RULE 4.3 Ringelmann Chart
A person shall not discharge Into the atmosphere from any single source
of emission whatsoever, any air contaminant for a period or periods
aggregating more than 3 minutes in any one hour which is:
a. As dark cfr darker in shade as that designated as No.2 on the
Ringelmann Chart, as published by the United States Bureau of
Mines, or
b. Of such opacity as to obscure an observer's view to a degree
equal to or greater than does smoke described in subsection (a)
of this Rule.
(2.0) RULE 4.4 Exceptions
The provisions of Rule 4.3 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 or health
hazard which cannot be abated by any other means, or
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2. The instruction of public employees and paid or volunteer
firemen's 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. Smoke from open burning for which a permit has been issued under
the provisions of Rule 4.8.
d. Agricultural operations in the growing of crops or raising of
fowl or animals.
e. 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. State law provides that this exception will no
longer be applicable on and after the 61st day following adjourn-
ment or the 1972 regular session of the State Legislature.
f. The use of other equipment in agricultural operations in the grow-
ing of crops, or the raising of fowl or animals.
g. Smoke or fumes which result from acts of God.
(50.7) RULE 4.5 Nuisance
A person shall not discharge from any source whatsoever such quantities
of air contaminants or other material which cause injury, detriment,
nuisance or annoyance to any considerable number of persons or to the
public or which endanger the comfort, repose, health or safety of any
such persons or the public or which cause or have a natural tendency
to cause injury or damage to business or property.
(2.0) RULE 4.6 Additional Exception
The provisions of Rule 4.5 do not apply to odors emanating from agri-
cultural operations in the growing of crops or raising of fowl or animals.
(50.1.2) RULE 4.7 Wet Plumes
Where the presence of uncombined water is the only reason for the failure
of an emission to meet the limitation of Rule 4.3, that rule shall not
apply.
(51.13) RULE 4.8 Open Burning
No person shall burn any refuse or other material in an open outdoor fire
within the boundaries of the Colusa County Air Pollution Control District
except the following activities are permitted on "Burn Days".
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a. When such fire is set of permission for such fire is given in per-
formance of the official duty of any public officer, and such fire
in the opinion of such officer is necessary.
1. For the purpose of the prevention of a fire or health hazard
which cannot be abated by any other means, or
2. For the instruction of public or industrial employees in methods
of fire fighting.
b. Conducting agricultural operations in the growing of crops, or
raising of fowl, animals, or bees on a farm,
c. Safety flares for the combustion of waste gases.
d. When the material to be burned is residential rubbish and originates.
on and is being burned upon premises of a single or two family dwell-
ing not served by an organized solid waste disposal service.
e. When the material being burned is residential rubbish and originates
on and is being burned upon premises of a single or two family dwell-
ing constituting a separate parcel of land under one ownership of a
gross size of 5 acres or more.
f. When the substance being burned is dry native grass or weeds in place
upon any of one of the following premises:
1. Any ditch, canal, or the banks thereof.
2. The right-of-way or other premises of any public utility of
public agency.
g. Burning on burn days only.
RULE 4.8A Other Open Burning
Fires used only for cooking of food for human being or for recreational
purposes are exempt from Regulation 4.8.
(51.9) RULE 4.9 Incinerator Burning
Except for the burning of material meeting criteria listed in Rule 4.8 d
and except for refuse originating in one and two family residences, a
person shall not burn any combustible refuse in any incinerator within
the boundaries of the Colusa Couty Air Pollution Control District except
in a multiple-chamber incinerator as described in Rule 1.2 k, or in
equipment found by the Air Pollution Control Officer to be equally
effective for the purpose of air pollution control. Incinerator burning
shall also be in compliance with the district or city fire department
rules and regulations.
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(50.1) RULE 4.10 Particulate Matter
Except as otherwise provided in Health and Safety Code Section 24245
and Rules 4.4 and 4.8, a person shall not release or discharge into
the atmosphere from any source or single processing unit whatsoever,
dust, fumes, or particulate matter emissions in excess of 0.3 grains
per cubic foot of gas at standard conditions.
(50.1.1) RULE 4.11 Dust and Condensed Fumes
A person shall not discharge in any one hour from any source whatsoever
dust or fumes in total quantities in excess of the amounts shown in the
following table:
To use the following table, take the process weight per hour as such is
defined in the attached definitions. Then find this figure on the table,
opposite which is the maximum number of pounds of contaminants which may
be discharged into the atmosphere in any one hour. As an example, if
A has a process which emits contaminants into the atmosphere and which
process takes 4 hours to complete, he will divide the weight of all
materials in the specific process, in this example, he will divide the
weight of all materials in the specific process, in this example, 2,400
IDS. by 4 giving a process weight per hour of 600 Ibs. The table
shows that A may not discharge more than 1.83 Ibs. in any one hour during
the process. Interpolation of the data in the table for process weights
up to 60,000 pounds/hour shall be accomplished by use of the equation:
E = 4.10 P0.67
and interpolation and extrapolation of the data for process weight rates
in excess of 60,000 pounds/hour shall be accomplished by use of the
equation:
E = 55.0 P0-11 - 40 .
E = rate of emission in pounds/hour.
P = process weight rate in tons/hour.
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ALLOWABLE RATE OF EMISSION BASED ON
PROCESS WEIGHT RATE
Process Weight
Rate
Lb/Hr
100
200
400
600
800
1,000
1,500
2,000
2,500
3,000
3,500
4,000
5,000
6,000
7,000
8,000
9,000
10,000
12,00
Tons/Hr
0.05
0.10
0.20
0.30
0.40
0.50
0.75
1.00
1.25
1.50
1.75
2.00
2.50
3.00
3.50
4.00
4.50
5.0C
6.00
Rate of
Emission
Lb/Hr
0.551
0.877
1.40
1.83
2.22
2.58
3.38
4.10
4.76
5.38
5.96
6.52
7.58
8.56
9.49
10.4
11.2
12.0
13.6
Process Weight
Rate
Lb/Hr
16,000
18,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
120,000
140,000
160,000
200,000
1,000,000
2,000,000
6,000,000
Tons/Hr
8.00
9.00
10.
15.
20.
25.
30.
35.
40.
45.
50.
60.
70.
80.
100.
500.
1,000.
3,000.
Rate of
Emission
Lb/Hr
16.5
17.9
19.2
25.2
30.5
35.4
40.0
41.3
42.5
43.6
44.6
46.3
47.8
49.0
51.2
69.0
77.6
92.7
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(50.0) RULE 4.12 Specific Contaminants
A person shall not discharge into the atmosphere from any single source
of emission whatsoever, any one or more of the contaminants, in any state
of combination thereof, exceeding in concentration at the point of dis-
charge:
a. Sulphur compounds calculate as sulfur dioxide (S02) 0.2 percent
by volume.
b. Combustion contaminants: 0.3. grains per cubic foot of gas calculated
to 12 percent of carbon dioxide (C02) at standard conditions, except
during the start of an operation or change in energy source, during
the time necessary to bring the combustion process up to operating
level. In measuring the combustion contaminants from incinerators
used to dispose of combustible refuse by burning, the carbon dioxide
(CO^) produced by combustion of any liquid or gaseous fuels shall
be excluded from the calculation to 12 percent of carbon dioxide
(C02).
(51.1) RULE 4.13 Prohibitions Regarding Orchard or Citrus Fruit Heaters
a. No new orchard or citrus heater produced or manufactured shall be
sold, for use against frost damage unless it has been approved
by the Air Resources Board. No person shall use any orchard or
citrus heater after January 1, 1975, unless the Air Pollution Control
District adopts a date between January 1, 1973 and January 1, 1975,
unless it has been approved by the Air Resources Board or does not
produce more than one gram per minute of unconsumed solid carbon-
aceous material.
•b. Open fires in orchards or citrus groves are prohibited except
that the use of commercially prepared charcoal briquettes or similar
substances designed for the purpose is permitted.
c. The use of rubber tires or any rubber products in any combustion
process in connection with any orchard or citrus grove heating is
hereby prohibited.
(51.21) RULE 4.14 Additional Prohibitions
Notwithstanding any other provision of these rules, the burning of tires,
rubber products, car bodies or parts, demolition material, or insecti-
cide material containers is prohibited within the district at any time,
unless said burning is performed in equipment meeting the requirements
of Rule 4.9.
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(51.21) RULE 4.15 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,
vapor and gas-entrained effluents from such an article, machine, equip-
ment or other contrivance are:
a. Incinerated at temperatures of not less than 1200 degrees Fahrenheit
for a period of not less than 0.3 second; or
b. Processed in such a manner determined by the Air Pollution Control
Officer to be equally, or more, effective for the purposes 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 Permit to Construct or to Operate or as specified
by the Air Pollution Control Officer, for indicating temperature, pressure
or other operating conditions.
For the purpose of this prohibition, "reduction" is defined as any
heated process, including rendering, cooking, drying, dehydrating, digest-
ing, evaporating and protein concentrating.
The provisions of this rule shall not apply to any article, machine,
equipment or other contrivance used exclusively for the processing of
food for human consumption.
(51.16) RULE 4.16 Gasoline Storage
The following section of the State of California Health and Safety Code,
and any future amendments thereto, are part of these Rules and Regulations
by reference: Section 39068.2 et seq., Article 2, Chapter 3, Part 1,
Division 26.
(2.0) RULE 4.17 Circumvention 1
i
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 viola-
tion of the Health and Safety Code of the State of California or of
these Rules and Regulations. This Rule shall not apply to cases in which
the only violation involved is of Section 24243 of the Health and Safety
Code of the State of California.
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When the presence of uncombined water is the only reason for the failure
of an emission to meet the limitation of Prohibition I, that rule shall
not apply. The burden of proof which establishes the application of the
rule shall be upon the person seeking to come within its provisions.
(2-0) RULE 4.18 Separation of Emissions
If air contaminants from a single source operation are emitted through
two or more emission points, the total emitted quantity of any air
contaminant limited in this Regulation cannot exceed the quantity which
would be the allowable emission 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 from 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.
(2.0) RULE 4.19 Combination of Emissions
a. If air contaminants from two or more source operations are combined
prior to emission and there are adequate and reliable means reason-
ably susceptible to confirmation and use by the Air Pollution Control
Officer for.establishing a separation of the components of the com-
bined emission to indicate the nature, extent, quantity and degree of
emission arising from each such source operations, then all of the
applicable prohibitions shall apply to each such.source operation
separately.
b. If air contaminants from two or more source ouerations are combined
prior to emission, and the combined emissions cannot be separated
according to the requirements of Part a of the prohibition, then all
applicable prohibitions shall be applied to the combined emission as
if it originated in a single source operation, subject to the most
stringent limitations and requirements placed by these prohibitions
on any of the source operations whose air contaminants are so
combined. Source operation means the last operation proceeding the
emission of an air contaminant, which operation
c. Results in the separation of the air contaminants from the processed
materials or in the conversion of the processed materials into air
contaminants, as in the case of the combustion of fuel; and
d. Is not an Air Pollution Abatement operation.
(12.0) RULE 4.20 Emission Control for Used Motor Vehicles
Each 1955 through 1962 model year used car in the District shall be
required to be equipped with an approved crankcase emission control
device at the time of transfer of ownership.
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REGULATION V - PROCEDURE BEFORE THE HEARING BOARD
(2.0) RULE 5.1 Applicable Articles of the Health & Safety Code
The provisions of Article 5 and Article 6, Chapter 2, Division 20 of
the State of California Health and Safety Code, respectively entitled
Variances and Procedure are applicable within the boundaries of the
Colusa County Air Pollution Control District.
(2.0) RULE 5.2 General
This regulation shall apply to all hearings before the Hearing Board of
the Air Pollution Control District.
(2.0) RULE 5.3 Filing Petitions
Request for a hearing shall be initiated by the filing of a petition in
triplicate with the Clerk of the Hearing Board, and by the payment to
said clerk of a fee of $25.00.
No fee shall be required for the filing of a petition by a public agency
or a public officer acting in the scope of his official capacity.
(2.0) RULE 5.4 Contents of Petitions
Every petition shall state:
a. The name, address, and telephone number of the petitioner, or other
person authorized to receive service of notices;
b. Whether the petitioner is an individual, co-partnership, corporation,
or other entity, and names and addresses of partners, if a co-
partnership, names and addresses of the persons in control,'if other
enti ty;
c. The type of business or activity involved in the application and
the street address or location at which it is conducted;
d. A brief description of the article, machine, equipment or other
contrivance, if any, involved in the application; .
e. Whether the petitioner desires a hearing;
1. For a variance under provisions of Section 24292, Health and
Safety Code.
2. To revoke or modify a variance under provisions of Section
29298, Health and Safety Code.
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f. Each petition shall be signed by the petitioner, or some person
on his behalf, and where the person signing is not the petitioner,
it shall set forth his authority to sign.
g. 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 5.5 Petition for Variances
In addition to the matters required by Rule 5.4, petition for Variance
shall state briefly:
a. The section, rule or order complained of:
b. The facts showing why compliance with the section, rule or order
is unreasonable;
c. For what period of time the variance is sought and why;
d. The damage or harm resulting, or which would result, to petitioners
from a compliance with such section, rule or order;
e. The requirements which petitioner can meet and the date when peti-
tioner can comply with such requirements;
f. The advantages and disadvantages to the resident of the District
resulting from granting a variance;
g. Whether or not operations under such variance, if granted, would
constitute a nuisance.
(2.0) RULE 5.6 Failure to Comply with Rules
The Clerk of the Hearing Board shall not accept for filing any petition
which does not comply with these rules relating to the form, filing, and
service of petitions, 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.
(2.0) RULE 5.7 Answers
Any person may file an answer within 10 days after service. All answers
shall be served in the same manner as petitioners under provisions of
Rule 5.3.
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(2.0) RULE 5.8 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 a dismissal.
(16.0) RULE 5.9 Place of Hearing
All hearings shall be held at the place designated by the Hearing Board.
(16.0) RULE 5.10 Notice of Hearing
The Clerk of the Hearing Board shall mail or deliver a notice of hearing
to the petitioner, the Air Pollution Control Officer, the holder of the
permit or variance involved, if any, and to any person entitled to notice
under provisions of Section 24275, 24292, or 24299, Health and Safety
Code.
(2.0) RULE 5.11 Evidence
a. Oral evidence shall be taken only on oath or affirmation.
b. Each party shall have these rights: to call and examine witnesses;
to introduce exhibits; to cross-examine opposing witnesses on any
matter relevant to the issues, even though that matter was not
covered in the direct examination; to impeach any witness regardless
of which party first called him to testify; 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 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 objec-
tion in civil actions. Hearsay evidence may be used for the purpose
of supplementing or explaining any direct evidence but shall not
be sufficient in itself to support a finding unless it would be
admissible over objection in civil actions. The rules of privilege
shall be effective to the same extent that they are now or hereafter-
may be recognized in civil actions, and irrelevant and unduly repeti-
tious evidence shall be excluded.
(13.0) RULE 5.12 Record of Proceedings
A record of all proceedings had before the Hearing Board shall be made.
The record shall be prepared in accordance with one of the following
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methods: 1. A written summary of all the evidence, testimony and pro-
ceedings had and presented at the hearing Board for the purpose; or 2.
Any interested person, including the District, may at his own cost pro-
vide a certified shorthand reporter, satisfactory to the Hearing Board
who shall prepare a verbatim transcript of all the evidence, testimony,
and proceedings had and presented at the hearing.
The original and one copy of such transcript, each certified to by the
reporter as to its accuracy, shall be filed with the Hearing Board within
30 days from the closing date of the hearing, unless required by the
Board prior to that time. No matter shall be deemed submitted under
this regulation until such transcript has been filed with the Hearing
Board, unless otherwise ordered by the Hearing Board.
(2.0) RULE 5.13 Preliminary Matters
Preliminary matters such as setting a date for a hearing, granting con-
tinuances, approving petitions for filing, allowing amendments and
other preliminary rulings not determinative of the merits of the case,
may be made by the Chairman or any two members of the Hearing Board
without a hearing or meeting of the Hearing Board and without notice.
(2.0) RULE 5.14 Official Notice
The Hearing Board may take official notice of any matter which may be
judicially noticed by the courts of this State.
(2.0) RULE 5.15 Continuances
The Chairman or any two members of the Hearing Board shall grant any
continuance of 15 days or less, concurred in by petitioner, the Air
Pollution Control Officer and by every person who has filed an answer
in the action, and may grant any reasonable continuance; in either case,
such action may be exparte, without a meeting of the Hearing Board
and without prior notice.
(2.0) RULE 5.16 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.
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(2.0) RULE 5.17 Effective Date of Decision
The decision shall become effective 15 days after delivering or mailing
a copy of the decision, as provided in Rule 5.16, or the Hearing Board
may order that the decision shall become effective sooner.
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REGULATION VI - AGRICULTURE BURNING
(51.13) RULE 6.1 Agricultural Burning Permits
No person, knowingly shall set or permit agricultural burning for the
disposal of agricultural waste unless he has a valid permit from the
local agency designated by the Board in Section 6 of Rules VI. Name,
location and amount of wastes burned daily must be reported to the
Control Officer monthly.
(3.0) RULE 6.2 Permit Form
Permits issued pursuant to Rule 6.1 herein shall contain the following:
a. Name and address of the permittee.
b. Location of the proposed burning.
c. Acreage or estimated amount of waste to be burned.
d. The kind of agricultural waste to be burned.
e. The Statement "THIS PERMIT IS VALID ONLY ON THOSE DAYS WHICH ARE
NOT PROHIBITED BY THE STATE AIR RESOURCES BOARD"
f. Such other information as may be required by the agency issuing the
permit.
g. Permits shall specify the hours € A.M. to 3 P.M. for ignition of
fires.
(51.13) RULE 6.3 No Burn Days
No person shall knowingly set or permit agricultural burning on days
within a period prohibited by the California Air Resources Board pursuant
to Section 39298 of the Health and Safety Code.
(51.13) RULE 6.4 Preparation of Agricultural Waste
Agricultural waste shall be dry enough to assure complete combustion,
and shall be free from extraneous materials. The following are minimum
standards for the preparation of agricultural waste prior to burning.
a. Agricultural waste shall be free of other waste such as tires,
rubbish, tar paper or construction debris.
b. Agricultural waste shall be arranged so that it will burn with a
minimum of smoke, and except for large trees, only that amount that
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can reasonably be expected to completely burn within the following
twenty-four (24) hours shall be ignited on any one day.
c. Agricultural waste shall be reasonably free of dirt, soil and visible
surface moisture.
d. To lower the moisture content of agricultural waste, the elapsed
time between cutting and burning shall be:
1. A minimum of thirty (30) days for trees, stumps, and large
branches greater than six (6) inches irr diameter.
2. Sufficient time for other agricultural waste such as orchard
prunings, small branches, stubble, vegetable tops and seed
screenings to assure rapid and complete combustions with a
mimimum of smoke.
4. District may be permitted authorized burning of agriculture
waste in shorter times if the denial of such permit would
threaten imminent and substantial economic loss.
(51.13) RULE 6.5 Restricted Burning Days
If for any reason it becomes likely that wastes from more than 10% of
the total agricultural acreage within a district will be burned on any
one day, the Control Officer shall notify the local agencies designated
in Section 6 that a condition of restricted burning exists. On days
of restricted burning local agencies shall restrict the acreage allo-
cated to the agency. The Control Officer shall pro-rate the amounts
to be burned to each agency based on the estimated number of acres in
the geographic area covered by the agency.
(3.0) RULE 6.6 Fire Permit Agencies
a. The State Air Resources Board is requested to designate local fire
protection agencies as agencies to issue permits for burning of
agricultural waste within the boundaries of their respective dis-
tricts, districts listed as follows:
1. Arbuckle Fire Protection District
2. Bear Valley-Indian Valley Fire Protection District
3. Colusa Rural Fire Protection District
4. City of Colusa Fire Department
5. Grand Island Fire Protection District
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6. Williams Fire Protection District
7. Princeton Fire Protection District
8. Maxwell Fire Protection District
RULE 6.6A Notification to Fire Department of "Burn Day" or "No Burn
Day" at 8:00 A.M. each morning
I. The below rules apply only to rice stubble burning, for farmers,
from October 1 through November 15th. All other burninq will bt
handled as in the past.
1. The farmers must first acquire a Fire Permit from the district
where "stubble burn" is to occur.
2. Prior to burning rice stubble, the fanner, must have authori-
zation from the APO.
A. Will require Fire Permit #,
B. Acres to be burned that day, and
C. Other pertinent information, i.e.
certain wind direction for safety etc.
3. If allotment for the day is complete the farmer's name will be
put on a list for the.next available "Burn Day". But the farmer
must phone the APO prior to 10:00 A.M. to confirm his inten-
tions to burn on the day designated.
4. If a farmer has authorization to burn and some problem arises
so he can't burn - notify the APO so his allotment can be
given to another person. Arrangements will be made for a future
date with the person who returned his allotment.
II. Fire Chief's Information
1. Information will be relayed to the respective Fire Chief's who
is burning, how many acres and if there is an allotment left,
by 12:00 noon. If the farmer decides at the last minute he
wishes to burn he may contact either the Fire Chief or the APO
for authorization on that given day. If acreage allotment is
still available, he may burn stubble.
NOTE: To alleviate a build up of rice stubble for these 45 days one
should burn rice stubble when it is ready prior to October 1st.
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Rice Stubble and Straw Burning
a. The following provision shall be satisfied by the Rules & Regulations
of each District in the Basin in respect to burning rice stubble.
b. Rice Straw Burning
1. All rice harvesting shall employ a mechanical straw spreader
to insure even distribution of the straw with the following
exception:
(a) Rice straw may be left in rows provided it meets drying
time criteria prior to a burn as described in Section d.
of this provision.
2. Rice stubble is to be ignited only by strip firing into the
wind or by backfiring except where and when extreme fire
hazards are declared to exist.
c. Burning Hours
1. Burning hours shall be set by individual districts but no rice
straw burning shall commence before 10:00 A.M. nor after 5:00
• P.M. of any day.
d. Drying Time
1. After harvest
(a) No spread rice straw shall be burned prior to a three (3)
day drying period.
(b) No rowed rice straw shall be burned prior to a ten (10) day
drying period.
(c) Sections (a) and (b) above do not apply if the rice straw
makes an audible crackle when tested just prior to burn-
ing with the testing method described in Section e of these
' provisions.
?. After a rain
(a) After a rain exceeding .15 inch (fifteen hundredths of an
inch), rice straw shall not be burned unless the straw
makes an audible crackle when tested just prior to ....
burning with the testing method described in .Section e.
of these provisions.
e. Testing Procedures to Determine Straw Dryness
1. When checking the field for moisture, a composite sample of
straw from under the mat, in the center of the mat and from
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different areas of the field shall be taken to insure a
representative sample. A handful of straw from each area
will give a good indication.
f. Acreage Allotment
1. During the critical period from October 1 through November 15
of each year, the acreage of agricultural burning shall be
reduced to 50% (i.e. one-half) of the allotment wnich is
permitted during other times~6f the year.
(2.0) RULE 6.7 Exceptions
The burning of agricultural waste is exempt from the provisions of Rule
6.1 through 6.6 of these rules if:
a. The burning is done at 4,000 feet or more above mean sea level.
b. The burning is performed with LPG or natural gas - fire burners
designed and used to kill seeding grass and weeds in orchards and
field crops, and the growth is such that combustion will not continue
without the burner, also when used in the harvesting of certain vine
crop seeds for dessication purposes.
(51.13) RULE 6.8 Tires
The use of tires for the ignition of fires is prohibited.
(51.13) RULE 6.9 Fire Prevention
Nothing in these rules is intended to permit open burning of agricultural
waste on days designated by the California Air Resources Board as "no-
burn days" because the denial of such permit would threaten eminent as
substantial economic loss.
(51.13) RULE 6.10 Burning on No-Burn Days
The APO may by permit authorize burning of agricultural waste on days
designated by the California Air Resources Board as "no-burn days"
because the denial of such permit would threaten eminent and substantial
economic loss.
(15.0) RULE 6.11 Enforcement
The Air Pollution Control Officer will ensure that these regulations are
complied with and shall enforce all State and local regulations regarding
Air Pollution Control.
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15.0) RULE 6.12 Penalty
A violation of these regulations is a misdemeanor, punishable by imprison-
ment in the county jail not exceeding six months, or by fine not exceed-
ing Five Hundred Dollars ($500.00), or both, and the cost of putting out
the fire. Every day during any portion of which such violation occurs
constitutes a separate offense.
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39067.2.
The motor vehicle is the major source of the atmospheric pollution in
California and costs the state untold millions of dollars annually. It
has been often suggested that periodic inspection of the engine systems
of motor vehicles would be an incentive for their owners to properly
maintain the vehicle, thus achieving a measurable reduction in vehicle
emissions. However, the benefits and costs associated with an emissions
inspection program are unknown.
Therefore, the board shall undertake a study project to determine (a)
the reduction in automotive emissions that could be achieved by practi-
cable vehicle emission inspection programs and (b) the costs of carrying
out such programs on a permanent basis.
The board shall report its findings and recommendations to the Legislature
no later than July 1, 1971. Should the board recommend the initiation
of any specific vehicle emission inspection program, its report shall
describe in detail its estimate of the reduction in air pollution that
would be achieved, the manner in which the program would operate, and
its projected annual costs. (Added by Stats. 1970. Ch. 451.)
39068.
All penalties paid to the board pursuant to subdivision (m) of Section
39052 shall be paid into the State Treasury for credit to the Air Pollu-
tion Control Fund, which fund is hereby created. The inonev paid into
the Air Pollution Control Fund is continuously appropriate to the board
to carry out the provisions of this part. (Amended by Stats. .1970, Ch.694)
39068.1.
(a) During the 1972 model year, but not later than January 1, 1972,
the regulations adopted pursuant to subdivision (m) of Section .39052
shall provide for the testing of motor vehicles on factory assembly
lines or in such manner as the board determines best suited to, carry
out the purpose of this part. >
!
(b) Should a motor vehicle not meet the prescribed assembly line stand-
ards, the motor vehicle may be retested according to the official
test procedures upon which original approval for that make and model
vehicle was based. Any motor vehicle meeting the applicable emission
standards by either of the aforementioned testing procedures shall
be deemed to meet the emission standards of the State of California
and shall be eligible for sale in this state.
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(c) Commencing with the 1973 model year, no new motor vehicle shall be
sold in California that does not meet the emission standards adopted
by the board, and any manufacturer who sells, attempts to sell, or
causes to be offered for sale a new motor vehicle that fails to meet
the applicable emission standards shall be subject to a civil
penalty of five thousand dollars ($5,000) for each such action. The
board and the Department of the California Highway Patrol shall en-
force the provisions of this subdivision. (Added by Stats. 1970,
Ch. 1295.)
39068.2
(a) Except as provided in subdivision (b), any person who installs or
maintains any stationary gasoline tank with a capacity of 250 gallons
or more which is not equipped for loading through a permanent sub-
merged fill pipe, unless such tank is a pressure tank as described
in Section 39068.3, or is equipped with a vapor recovery system
as described in Section 39068.4 or with a floating roof as described
in Section 29068.5, or unless such tank is equipped with other appa-
ratus of equal efficiency which has been approved by the air pollu-
tion control officer in whose district the equipment is located,
or, where no such district exists, by the State Air Resources Board,
is guilty of a misdemeanor.
(b) Subdivision (a) shall not apply to any stationary tanks installed
prior to December 31, 1970.
(c) For the purpose of this section, "gasoline" means any petroleum
distillate having a Reid vapor pressure of four pounds or greater.
(d) For the purpose of this section, "submerged fill pipe" means any
fill pipe which has its discharge opening entirely submerged when
the liquid level is six inches above the bottom of the tank. "Sub-
merged fill pipe," when applied to a tank which is loaded from the
• side, means any fill pipe which has its discharge opening entirely
submerged when the liquid level is 18 inches above the bottom of the
tank.
(e) Subdivision (a) shall not apply to any stationary tank which is used
primarily for the fueling of -implements of husbandry, as such
vehicles are defined in Division 16 (commencing with Section 36000)
of the Vehicle Co'de. (Am. Ch. 589 1971)
39068.3.
A "pressure tank" is a tank which maintains working pressure sufficient
at all times to prevent hydrocarbon vapor or gas loss to the atmosphere.
(Added by Stats. 1970, Ch. 1295.)
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39068.4
A "vapor recovery system" consists of a vapor gathering system capable
of collecting the hydrocarbon vapors and gases discharged and a vapor
disposal system capable of processing such hydrocarbon vapors and gases
so as to prevent their emission to the atmosphere, with all tank
gauging and sampling devices gastight except when gauging or sampling
is taking place. (Added by Stats. 1970, Ch. 1295.)
39068.5
A "floating roof" consists of a pontoon-type or double-deck-type roof,
resting on the surface of the liquid contents and equipped with a closure
seal, or seals, to close the space between the roof edge and tank wall.
The control equipment provided for in this section shall not be used if
the gasoline or petroleum distillate has a vapor pressure of 11.0 pounds
per square inch absolute or greater under actual storage conditions. All
tank gauging and sampling devices shall be gastight except when gauging
or sampling is taking place. (Added by Stats. 1970, Ch. 129.5.)
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AMENDMENT NO. 3.
TO
RULES AND REGULATIONS
COLUSA AIR POLLUTION CONTROL DISTRICT
A. "Agricultural burning" means open outdoor fires used in agricultural
operations, in the growing of crops or raising of fowls or animals,
forest management, or range improvement, or used in improvement of
land for wildlife and game habitat.
B. "Open burning in agricultural operations in the growing of crops or
raising of fowls or animals" or open burning "Ag - Waste" means:
1. The burning in the open of materials produced wholly from
operations in the growing and harvesting of crops or raising
of fowls or animals for the primary purpose of making a profit,
of providing a. livelihood, or of conducting agricultural research
or instruction by an educational institution, and
2. In connection with operations qualifying under Subdivision 1:
a. The burning of grass and weeds in or adjacent to fields in
cultivation or being prepared for cultivation: and
b. The burning of material not produced wholly from such
operations, but which are intimately related to the growing
or harvesting or crops and which are used in the field.
Examples are fertilizer and pesticide sacks or containers,
where the sacks or containers are emptied in the field.
c. "Range improvement burning" means the use of open fires to
remove vegetation for a wildlife, game or livestock habitat
or for the initial establishment of an agricultural prac-
tice on previously uncultivated land.
d. "Forest management burning" means the use of open fires,
as part of a forest management practice, to remove forest
debris. Forest management practices include timber
operations, silvicultural practices or forest protection
practices.
e. "Timber operations" means cutting or removal of timber
or other forest vegetation.
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f. "SiIvicultural" means the establishment, development, care
and reproduction of stands of timber.
g. "Brush treated" means that the material to be burned has
been felled, crushed or uprooted with mechanical equipment,
or has been desiccated with herbicides.
h. "Board" means the State Air Resources Board, or any person
authorized to act on its behalf.
i. "Designated Agency" means any agency designated by the Board
as having authority to issue agricultural burning permits.
The U.S. Forest Service and the California Division of
Forestry are so designated within their respective areas
of jurisdiction.
j. A "no-burn" day means any day on which agricultural burning
is prohibited by the Board.
k. A "permissive-burn" day means any day on which agricultural
burning is not prohibited by the Board.
1. "District" means the Colusa County Air Pollution Control
""""District. ~~ ""
m. Approved ignition devices - Includes those instruments or
materials that will ignite open fires for agricultural
burning without the production of black smoke by the igni-
tion device. This includes such items as liquid petroleum
gas, butane, propane, or pressurized diesel fuel oil
burners, and flares, but does not include the use of
tires, tar paper, oil, and other similar materials.
AGRICULTURAL BURNING
Advance Burning Notices
Permissive burn, no-burn notices will be made available up to 48 hours
in advance for range improvement burns if the permittee notifies, through
the designated agency, the Board and the District in writing seven days
prior to the proposed burn.
The following information is required on the notification:
A. Elevation of burn area.
B. Acreage of burn .
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C. Location (township, range, sections) .
D. Name of nearest city .
E. Distance and direction to nearest city .
F. County in which burn located .
G. Proposed date of burn .
H. Amount of acreage treated (if range improvement burn) .
I. Persons to be notified, organizations and phone numbers .
The burning notice will be available up to 48 hours in advance of the
burn. If a no-burn notice is issued, the advance notice will continue
until a permissive-burn notice is issued.
An advisory outlook will be available up to.72 hours in advance of the
burn.
The Board may cancel advance notices issued more than 24 hours in advance
of the burn if, for compelling reasons, this action is necessary to main-
tain suitable air quality.
Range Improvement Burning
The following are minimum provisions relating to Range Improvement.
A. The brush to be burned shall be treated at least six (6) months prior
to the burn if determined to be economically and technically feasible
by the Air Pollution Control Officer: ,
B. The burn shall be ignited as rapidly as practicably within applicable
fire control restrictions;
C. Unwanted trees over six inches in diameter shall be filled prior to
the burn and dried for three (3) months;
D. Persons desiring to conduct burning primarily for the improvement
of land for wildlife and game habitat shall file with the district
a statement obtained from the Department of Fish and Game certifying
that the burn is desirable and proper.
E. Only approved ignition devices are to be used.
F. Maximum care must be taken to keep smoke from drifting into the
smoke sensitive areas of district.
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Forest Management Burning
The following are minimum provisions relating to forest management burn-
ing of both piled and scattered waste:
A. The waste shall be dried for minimum periods to be specified by the
designated agency;
B. The waste shall be ignited as rapidly as practicable within applicable
fire control restrictions;
C. The wastes shall be free of tires, rubbish, tar paper or construction
debris; and
D. The waste to be burned, shall be windowed or piled where possible,
unless good silviculture! practice dictates otherwise.
E. The piled wastes shall be prepared so that it will burn with a
minimum of smoke; and
F. The piled wastes shall be reasonably free of dirt and soil.
G. Only approved ignition devices are to be used .
H. Maximum care must be taken to keep smoke from drifting into the
smoke sensitive areas of district.
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