U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-296 699
Air Pollution Regulations in
State Implementation Plans
California, Trinity 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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environmental ranection
Agency
nanning ana oianoaras
Research Triangle Park NC 27711
August 19/0
Air
Air Pollution Regulations
in State Implementation
Plans:
California
Trinity County
REPRODUCED BY
NATIONAL TECHNICAL
: INFORMATION SERVICE
j U. S. DEPARTMENT OF COMMERCE
' SPRINGFIELD, VA. 22161
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TECHNICAL REPORT DATA
(Please read Inunctions on the reverse before completing)
1. REPORT NO.
EPA-450/3-78-054-42
4. TITLE AND SUBTITLE
Air Pollution Regulations in State Implementation i
Plans: California Trinity County
7. AUTHOR(S)
3. RE
NT'S ACCESSION NO.
B. REPORT DATE
August 1978
6. PERFORMING ORGANIZATION CODE
8. PERFORMING ORGANIZATION REPORT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Maiden 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
4. 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.
7.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
b.IDENTIFIERS/OPEN ENDED TERMS C. COSATI Field/Group
Air pollution
Federal Regulations
Pollution
State Implementation Plans
8. DISTRIUUTION STATEMENT
RELEASE UNLIMITED
19. SECURITY CLASS /This Report/
Unclassified
20. SECURITY CLASS (Thispage)
Unclassified
21. f
EPA Form 2220-1 (S-73)
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EPA-450/3-78-054-42
Air Pollution Regulations
in State Implementation Plans
California
Trinity 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
i
\ fa
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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-450/3-78-054-42
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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 enforceabi1ity of
parking management regulations and indirect source regulations. The
October, 1977, appropriation bill for EPA prohibited Federal enforcement
of parking management regulations in the absence of specific Federal
authorizing legislation. Federally promulgated parking management
regulations have, therefore, been suspended Indefinitely. Pursuant to
the 1977 Clean Air Act Amendments, indirect source regulations may not
be required for the approval of a given SIP. Consequently, any State
adopted indirect source regulations 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.
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SUMMARY SHEET
Of.
EPA - APPROVED REGULATION CHANGES
TRINITY COUNTY. CALIFORNIA
Submittal Date Approval Date Description
6/30/72 9/22/72 All Rules Approved
unless noted otherwise,
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DOCUMENTATION OF CURRENT ERA-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
TRINITY COUNTY REGULATIONS
Revised Standard Section Title
Subject Index Number
(2.0) 1 Title 1
(1.0) 2 Definitions 1
(3.0) 10 Permit Requirements 5
O.O) 11 Permit Standards 5
(3.0) 12 Review of Permits 6
(3.0) 13 Posting of Permit to Operate 6
(3.0) 14 Alteration of Permit 6
(3.0) 15 Application 6
(2.0) 16 Transfers 6
(3.0) 17 Cancellation of Applications 6
(9.0) 18 Provisions for Sampling and
Testing Facilities 7
(3.0) 19 Standards for Granting
Applications 7
(3.0) 20 Approval 8
(3.0) 21 Conditional Approval 8
(3.0) 22 Denial of Applications 8
(16.0) 25 Further Information 9
(3.0) 24 Applications Deemed Denied 9
(16.0) 25 Appeals 9
(3.0) 26 Action on Applications 9
vm
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Revised Standard Section Title Page
Subject Index
(2.0)
(3.0)
(16.0)
(13.0)
(50.1.2)
(50.1)
(50.2)
(51.13)
(51.1)
(7.0)
(2.0)
(51.16)
(2.0)
(16.0)
(2.0)
(2.0)
(2.0)
(2.0)
(2.0)
(16.0)
(16.0)
(2-0)
(2.0)
(2.0)
Number
27
30
31
32
40
41
41
42
43
44
45
46
53
51
52
53
56
57
58
59
60
61
62
63
Exemptions
Permit Fees
Hearing Board Fees
Technical Reports,
Charqes For
Visual Emissions
Parti cul ate Matter
Sulphur Oxide Emissions
Open Fires
Orchard Heaters
Report of Breakdown
Circumvention
Gasoline Loading and Storage
General
Powers of Hearing Board
Filing Petitions
Contents of Petition
Failure to Comply With Rules
Answers
Dismissal of Petition
Place of Hearing
Notice of Hearing
Evidence
Preliminary Matters
Official Notice
_"
9
14
14
15
16
16
17
18
18
19
19
19
20
20
20
21
22
22
22
22
22
22
23
23
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Revised Standard
Subject Index
(2.0)
(2.0)
(2.0)
(3.0)
(16.0)
(15.0)
(15.0)
(15.0)
(15.0)
(15.0)
(2.0)
(9.0)
(8.0)
(8.0)
(8.0)
(8.0)
(8.0)
(8.0)
(15.0)
Section
Number
64
65
66
67
68
70
71
72
73
74
80
81
82
83
84
85
86
87
88
Title
Continuances
Decision
Effective Date of Decision
Lack of Permit
Issuance of Subpoenas,
Subpoenas, Duces Tecum
Penalty Actions For Violations
Misdemeanor Violations
Civil Penalties
Civil Actions
Trinity County Air Pollution
Control Board Powers
General
Sampling Stations
Declaration of Air
Pollution Episodes
Notification of Episide
Conditions
Alert Actions
Warning Actions
Emergency Actions
End of Episode
Enforcement
Page
23
23
24
24
25
25
25
25
27
27
29
29
29
30
31
31
31
31
32
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RULES AND REGULATIONS
TRINITY COUNTY AIR POLLUTION CONTROL DISTRICT
REGULATION I.
(2.0) RULE 1. TITLE
Pursuant to the provisions of Chapter 2, Division 20 of the Health and
Safety Code of the State of California, the Air Pollution Board of the
County of the Trinity Air Pollution Control District does hereby enact
the following rules and regulations to be known as the "RULES AND REGU-
LATIONS OF THE TRINITY COUNTY AIR POLLUTION CONTROL DISTRICT."
(1.0) RULE 2. DEFINITIONS.
Except as otherwise specifically provided in these Rules and Regulations
and except where the context indicated otherwise, words used in these
Rules and Regulations are used in exactly the same sense as the same
words are used in the Health and Safety Code of the State of California.
(1) AGRICULTURAL OPERATION - means the growing and harvesting of crops,
including timber, or the raising of fowls, animals or bees as a
gainful occupation.
(2) AIR CONTAMINANT - includes smoke, dust, charred paper, soot, grime,
carbon, aerosols, noxious acids, fumes, gases, odors, or particu-
late matter or any combination thereof.
(3) AIRCRAFT-means any contrivance used or designed for navigation of,
or flight in, the air.
(4) AIR POLLUTION - means the presence in the outdoor atmosphere of one
or more air contaminants in quantities, characteristics, or duration
such that they are or tend to be injurious to human, plant or animal
life or to property, or which reasonably interfere with the enjoy-
ments of-life or property.
(5) ALTERATION - Any addition to or enlargement of or replacement of,
or any major modification of change of the design, capacity, process,
or arrangement, or any increase in the connected loading of, equip-
ment or control apparatus which will significantly increase or affect
the kind of amount of air contaminant emitted.
(6) ATMOSPHERE - means the air that envelops or surrounds the earth.
(7) BOARD - means the Air Pollution Control Board of the Air Pollution
Control District of the County of Trinity.
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(8) COMBUSTION REFUSE - Is any solid or liquid combustible waste
material containing carbon in a free or combined state.
(9) COMBUSTION CONTAMINANTS - means matter discharged into the atmos-
phere from the burning of any kind of material containing carbon in
a free or combined state, excluding carbon dioxide and water.
(10) CONDENSED FUMES - is minute solid particles generated by the
condensation of vapors evolved after volatization from the molten
or liquid state, or that may be generated by the sublimation, dis-
tillation, calcination or chemical reaction, when these processes
create airborne particles.
(11) CONTROL OFFICER - means the Air Pollution Control Officer of the
Air Pollution Control District of the County of Trinity.
(12) DISTRICT - is the Trinity County Air Pollution Control District.
(13) DUSTS - means the minute solid particles released into the air by
natural forces or by mechanical processes such as crushing, grind-
ing, milling, drilling, demolishing, shoveling, conveying, covering,
bagging, sweeping, etc.
(14) EMISSION - means the act of passing into the atmosphere an air
contaminant or gas stream which contains an air contaminant or the
air contaminant so passed into the atmosphere.
(15) EMISSION POINT - means the place, located in a horizontal plane
and vertical elevation, at which an emission enters the atmosphere.
(16) EXCESS AIR - means the quantity of air required for complete com-
bustion.
(17) HEARING BOARD - means the Hearing Board of the Air Pollution Control
District of Trinity County.
(18) INCINERATOR - means any furnace or similar enclosed fire-chamber
with or without a draft control, used for burning refuse or other
waste material.
(19) INSTALLATION - means 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.
(20) INSTITUTIONAL FACILITY - means any hospital, boarding home, school,
corporation yard, or like facility.
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(21) MULTIPLE CHAMBER INCINERATOR - means any incinerator consisting of
three or more refractory-lined combustion chambers in series,
physically separated by refractory walls, interconnected by gas
passage ports or ducts and employing adequate design parameters
necessary for maximum combustion of the material to be burned.
(22) OPEN OUTDOOR FIRE - means complete or partial burning or smoldering
of any combustible refuse or other material of any type, directly
exposed to the atmosphere, whether or not enclosed in a fireproof
container, where the products of combustion are not channelled
through a flue or chimney.
(23) OVERFIRE AIR - means air introduced into a tepee burner or other
type incineration device after the primary combustion has occurred.
(24) OPERATION - means 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.
(25) OWNER - includes but is not limited to any person who leases,
supervises or operates equipment.
(26) PARTICULATE MATTER - means discrete atmospheric particles
of liquid, other than uncombined water, or solids, as distinguished
from a gas or vapor.
(27) PERSON OR PERSONS - means an individual, public or private corpora-
tion, political subdivision, agency, board, department, or bureau
of the state, municipality, partnership, co-partnership, firm,
association, trust or estate, or any other legal entity whatsoever
which is recognized in law as the subject of rights and duties.
(28) PPM - means part per million by volume (v/v) expressed on a dry
gas basis.
(29) PROCESS WEIGHT PER HOUR - is the total weight, including contained
moisture, of all materials introduced into any specific process,
which process may cause any discharge into the atmosphere. Solid
fuels charged will be considered as part of the process weight, but
liquid and gaseous fuels and combustion air will not. The "process
weight per hour" will be derived by dividing the total process
weight by the number of hours in one complete operation from the
beginning of any given process to the completion thereof, excluding
any time during which the equipment is idle.
(30) REGULATION - means one of the major subdivisions of the Rules of
the Air Pollution Control District of Trinity County.
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(31) RESIDUAL RUBBISH - means refuse originating from residential uses
and includes wood, paper, cloth, cardboard, tree trimmings, leaves,
lawn clippings and dry plants.
(32) RULE - means a rule of the Air Pollution Control District of
Trinity County.
(33) SECTION - means section of the Health and Safety Code of the State
of California unless some other statute is specifically mentioned.
(34) SHALL and MAY - as used in these Rules and Regulations means that
"shall" is mandatory, and "may" is permissive.
(35) STANDARD CONDITION - as used 1n these regulations refers to a gas
temperature of sixty (60) degrees Fahrenheit and a gas pressure of
fourteen and seven-tenths (14.7) pounds per square inch absolute.
(36) STANDARD CUBIC FOOT OF GAS - the amount of gas that would occupy
a volume of one (1) cubic foot, if free of combined water at stan-
dard conditions.
(37) TEEPEE BURNER - means a burner of wood wastes, consisting of a
single burning chamber having the general features of a truncated
cone, and generally used in conjunction with sawmills, lumber
mills and similar activities.
(38) UNDERFIRE AIR - means air introduced into a teepee burner or other
type incineration device beneath the fuel pile or into the primary
combustion chamber.
(39) VARIANCE - means an authorization by the hearing board to permit some
act contrary to the requirements specified by these Rules and
Regulations.
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REGULATION II
(3.0) RULE 10. PERMIT REQUIREMENTS.
All permit requirements and procedures covered in detail by this Regula-
tion shall be in accordance with those specified in the California Health
and Safety Code.
(a) REGISTRATION - These regulations do not constitute an automatic
permit for the installation or operation of any equipment in exist-
ence upon the effective date of these regulations. Upon request of
the Control Officer any source of emission, actual or potential,
shall register with the District. Any owner, operator or user of
any equipment in use at the time of adoption of these regulations
and subject to these regulations who is required to register shall
be allowed thirty (30) days to register to obtain a permit to operate
and to furnish the Control Officer with information required.
(b) AUTHORITY TO CONSTRUCT OR MODIFY - Permits shall be required to
construct, erect, alter, replace, sell or rent any equipment which
may cause, potentially cause, reduce, control or eliminate the
issuance of air contaminants. Written Authority to Construct, Alter,
Replace, Sell or Rent shall be obtained from the Control Officer
prior to starting construction, erection, alteration, sale or
rental. A single permit may be issued for all components of an
integrated system or process. Plans and specifications, drawn in
accordance with acceptable engineering practices may be required as
a prerequisite to permit issuance. The Authority to Construct
shall remain in effect for one (1) year or until .a Permit for Opera-
tion is issued, whichever occurs first. If the Authority to Con-
struct expires prior to issuance of a Permit to Operate, the
Authorization may be extended one (1) year at the request of the
permittee, upon payment of a renewal fee. Construction not in
accordance with this permit shall be sufficient reason to deny a
Permit to Operate.
(3.0) RULE 11. PERMIT STANDARDS.
No Authority to Construct shall be granted unless the applicant shows
to the satisfaction of the Control Officer that:
(a) That the new construction or modification will operate within all
applicable rules and regulations pertaining to release of air
contaminant.
(b) The new construction or modification will not endanger maintenance
or attainment of any applicable ambient air quality standards.
(c) Adequate provisions are made for sampling facilities and emission
monitoring equipment as specified by the Control Officer.
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(3.0) RULE 12. REVIEW OF PERMITS.
The Air Pollution control Officer may at any time require from an appli-
cant for, or holder of, any Authority to Construct or Permit to Operate,
such information, analyses, plans or specifications as will disclose the
nature, extent, quantity, or degree of air contaminations which are or
may be discharging into the atmosphere.
(3.0) RULE 13. POSTING OF PERMIT TO OPERATE.
A person who has been granted a Permit to Operate any article, machine,
equipment or other contrivance (under Rule 10-b) shall firmly affix
such Permit to Operate, an approved facsimile, or other approved identi-
fication bearing the permit number upon the article, machine, equipment,
or other contrivance in such manner as to be clearly visible and acces-
sible. In the event that the article, machine, equipment or other contri-
vance 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 twenty-five (25) feet of the arti-
cle, machine, equipment or other contrivance, or maintained readily
available at all times on the operating premises.
(3.0) RULE 14. ALTERATION OF PERMIT.
A person shall not willfully deface, alter, forge, counterfeit, or falsify
any permit issued under these Rules and Regulations.
(3.0) RULE 15. APPLICATION.
Every application for an Authority to Construct or Permit to Operate
required under RULE 10, shall be filed in the manner and form prescribed
by the Air Pollution Control Officer and shall give all the information
necessary to enable the Air Pollution Control Officer to make the deter-
mination required by RULE 10 thereof.
(2.0) RULE 16. TRANSFERS.
An Authority to Construct or Permit to Operate shall not be transfer-
able, whether by operation of law or otherwise, from one location to
another, or from one place of equipment to another, except on written
approval of the Air Pollution Control Officer.
(3.0) RULE 17. CANCELLATION OF APPLICATIONS.
1. An Authority to Construct shall expire and the application shall be
cancelled one (1) year from the date Of issuance of the Authority
to Contract.
2. An application for Permit to Operate existing equipment shall be
cancelled one (1) year from the date of filing of the application.
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(9.0) RULE 18. PROVISIONS FOR SAMPLING AND TESTING FACILITIES.
A person operating or using any article, machine, equipment or other
contrivance for which these rules require a permit shall provide and
maintain such sampling end testing facilities as specified in the au-
thority to construct or Permit to Operate.
(3.0) RULE 19. STANDARDS FOR GRANTING APPLICATIONS.
(a) The Air Pollution Control Officer shall deny Authority to Construct,
Permit to Operate or Use, or Permit to Sell or Rent, except as
provided in RULE 21, if the applicant does not show that every
article, machine, equipment or other contrivance, the use of which may
cause the issuance of air contaminants or the use of which may elimi-
nate 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 air
contaminants in violation of Sections 24242 or 24243, Health and
Safety Code, or of these Rules and Regulations.
(b) Before an Authority to Construct or a Permit to Operate is granted,
the Air Pollution Control officer may require the applicant to pro-
vide 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 dis-
charged into the atmosphere from the article, machine, equipment
or other contrivance described in the Authority to Construct or
Permit to Operate. In the event of such a requirement, the Air
Pollution Control Officer shall notify the applicant in writing of
the required size, number and location of sampling holes; the size
and location of the sampling platform; the access to the sampling
platform, and the utilities for operating the sampling and testing
equipment. The platform and access shall be constructed in accor-
dance with the General Industrial Safety Orders of the State of
California.
(c) In acting upon a permit to operate, if the Air Pollution Control
Officer finds that the article, machine, equipment or other contri-
vance has not been constructed 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 to operate
the article, machine, equipment or other contrivance so constructed
until he finds that the article, machine, equipment or other contri-
vance has been constructed in accordance with the authority to
construct.
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(3'.0) RULE 20. APPROVAL.
A Permit, Conditional Permit or Notice of Approval to construct, alter,
replace, sell, rent or operate does not relieve the owner or operator
of the responsibility of complying with the emission standards and regu-
lations of this District, the Air Resources Board and the Health and
Safety Code.
(3.0) RULE 21. CONDITIONAL APPROVAL.
(a) The Air Pollution Control Officer may issue an authority to con-
struct or Permit to Operate or Use, subject to conditions which will
bring the operation of any article, machine, equipment or other
contrivance within the standards of RULE 19, in which case the con-
ditions shall be specified in writing. Commencing work under such
an authority to construct or operation under such Permit to Operate
shall be deemed acceptance of all the conditions so specified. The
Air Pollution Control Officer shall issue an Authority to Construct
or a Permit to Operate with revised conditions upon receipt of a
new application, if the applicant demonstrates that the article,
machine, equipment or other contrivance can operate within the
standards of RULE 19 under the revised conditions.
(b) The Air Pollution Control Officer may issue a Permit to Sell or
Rent, subject to conditions which will bring the operation of any
article, machine, equipment or other contrivance within the stan-
dards of RULE 19, in which case the conditions shall be specified
in writing. The Air Pollution Control Officer shall issue a Permit
to Sell or Rent with revised conditions upon receipt of a new
application, if the applicant demonstrates that the article, ma-
chine, equipment or other contrivance can operate within the
standards of RULE 19 under the revised conditions.
(3.0) RULE 22. DENIAL OF APPLICATIONS
In the event of denial of an authority to construct, permit to operate
or permit to sell or rent, the Air Pollution Control Officer shall notify
the applicant in writing of the reasons therefor. Service of this noti-
fication may be made in person or by mail, addressed to the applicant at
the address set forth on the application, 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 Authority to Construct, the Permit to Operate, or the
Permit to sell or rent.
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(13) Abrasive blast cabinet-dust, filter integral combination
units where the total internal volume of the blast section
is fifty (50) cubic feet or less.
(14) Batch mixers of five (5) cubic feet rated working capacity
or less.
(15) Equipment used exclusively for the mixing and blending of
material at ambient temperature to make water-based adhesives.
(16) Smokehouses in which the maximum horizontal inside cross-
sectional area does not exceed twenty (20) square feet.
(17) Platen presses used for laminating.
(18) Veneer dryers and dry kilns.
(g) The following equipment of any exhaust system or collector serving
exclusively such equipment:
(1) Ovens, mixers and blenders used in bakeries where the pro-
ducts are edible and intended for human consumption.
(2) Laboratory equipment used exclusively for chemical or physical
analyses and bench scale laboratory equipment.
(3) Confection cookers where the products are edible and intended
for human consumption.
(4) Photographic process equipment by which an image is repro-
duced upon material sensitized to radiant energy.
(5.) Brazing, soldering, or welding equipment.
(6) Equipment used for buffing (except automatic or semi-auto-
matic 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, fiber-board, masonry, asbestos,
carbon or graphite.
(8) Laundry dryers, extractors or tumblers used for fabrics
cleaned only with water solutions of bleach or detergents.
(9) Vacuum producing devices used in laboratory operations or
in connection with other equipment which is exempt by Rule
19.
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(h) Steam generators, steam superheaters, water boilers, water heaters,
and closed heat transfer systems that are fired exclusively with
one of the following
(1) Natural gas
(2) Liquified petroleum gas; or
(3) Any combination therof.
(i) Natural draft hoods, natural draft stacks or natural draft ventil-
lators.
(j) Containers, reservoirs, or tanks used exclusively for:
(1) Storage of liquefied gasses.
(2) The storage of fuel oils with a gravity of 25° API, or lower.
(3) The storage of lubrication oils.
(4) The storage of fuel oils with a gravity of 40° API, or lower
and having a capacity of 10,000 gallons or less.
(5) The storage of organic liquids, except gasoline, normally
used as solvents, dilutents, or thinners, inks, colorants,
paints, lacquers, enamels, varnishes, liquid resins or
other surface coatings, and having a capacity of 6,000
gallons or less.
(6) The storage of liquid soaps, liquid detergents, vegetable
oils, waxes or wax emulsions.
(7) The storage of asphalt.
(8) The storage of gasoline having a capacity of less than two
hundred fifty (250) gallons.
(9) The transporting of materials on streets or highways.
(k) Crucible furnaces, pot furnaces or induction furnaces, with a capa-
city of one thousand pounds or less each, in which no sweating or
distilling is conducted and from which only precious metals are
poured or in which only precious metals are held in molten state.
(1) Vacuum cleaning systems used exclusively for industrial, commercial
or residential housekeeping purposes.
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(m) Structural changes which cannot change the quality, nature, or
quantity of air contaminant emissions.
(n) Repairs or maintenance not involving structural changes to any
equipment for which a permit has been granted.
(o) Identical replacements in whole or in part of any article, machine,
equipment, or other contrivance where a permit to operate had been
previously granted for such equipment under RULE 10-(b).
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REGULATION III
FEES
(3.0) RULE 30. PERMIT FEES.
The term "fees" used herein means fees as set forth on the schedule
adopted by the Air Pollution Control Board.
Every applicant, except any State or local governmental agency or public
district, who applies for an authority to construct or a Permit to Operate
any article, machine, equipment or other contrivance for which an Authori-
ty to Construct or Permit to Operate is required by the State law or
by the Rules and Regulations of the Air Pollution Control District, shall
pay a filing fee. Where an application is filed for a Permit to Operate
any article, machine, equipment or other contrivance by reason of trans-
fer from one person to another, and where a Permit to Operate had previ-
ously been granted under RULE 10 and no alteration, addition or transfer
of location has been made, the applicant shall pay a filing fee.
Where a single permit to operate has been granted under RULE 10, and
where the Air Pollution Control Officer would have issued separate or
revised Permits for each permit unit included in the original application,
the Air Pollution Control Officer may issue such separate or revised
permits without fees.
A request for a duplicate Permit to Operate shall be made in writing to
the Air Pollution control Officer within ten (10) days after the destruc-
tion, loss or defacement of a Permit to Operate. A fee shall be charged,
except to any State or local governmental agency or public district for
issuing a duplicate Permit to Operate.
(16.0) RULE 31. HEARING BOARD FEES.
(a) Every applicant or petitioner for 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,
Permit to Operate, or Permit to Sell or Rent, except any State or
local governmental agency or public district, shall pay to the
Clerk of the Hearing Board on filing, a fee.
(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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(13.0) RULE 32. TECHNICAL REPORTS, CHARGES FOR
Information, circulars, reports of technical work, and other reports
prepared by the Air Pollution Control District, when supplied to other
governmental agencies or individuals or groups requesting copies of the
same, may be charged for by the District in a sum not to exceed the
cost of preparation and distribution of such documents. All such monies
collected shall be deposited with the Treasurer of the County of Trinity.
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REGULATION IV
PROHIBITIONS
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; including, but not
limited to the following restrictions:
(50.1.2) RULE 40. VISUAL EMISSIONS
A person shall not discharge into the atmosphere from any single source
of emission whatsoever any air contaminant for a period of periods
aggregating more than three (3) minutes in any one (1) hour which is:
(a) As dark or darker in shade as that designated as Number 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.
(c) This rule shall not apply when the presence of uncombined water
is the only reason for the failure of the emission to meet the
requirements of this rule.
(d) Exceptions to this rule are the provisions of Health & Safety Code,
Section 39077.4.
(50.1) RULE 41. PARTICULATE MATTER
(a) A person shall not discharge combustion contaminants into the
atmosphere from any emission point in excess of 0.2 grain per
standard cubic foot of exhaust gas, adjusted to 50 percent excess
air or calculated to 12 percent carbon dioxide.
(b) A person shall not discharge in any one hour from any source
whatsoever dust, condensed fumes, or other particulate matter at
a concentration in excess of 0.2 grain per standard cubic foot of
exhaust gas or in total quantities in excess of the amount shown
in Table 1, whichever is the more restrictive condition.
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TABLE I
ALLOWABLE RATE OF EMISSION BASED
ON PROCESS WEIGHT RATE.
Process Weight
Rate
Rate of
Emission
Process Weight
Rate
Rate of
Emission
Lb/Hr
Tons/Hr Lb/Hr
Lb/Hr
Tons/Hr Lb/Hr
100
200
400
0.05
0.10
0.20
0.551
0.877
1.40
6,000
7,000
8,000
3.00
3.40
4.00
8.56
9.49
10.3
600
800
1,000
1
2,
2,
3,
3,
4.
500
000
500
000
500
000
5,000
0.30
0.40
0.50
0.75
1.00
1.25
1.40
1.75
2.00
2.50
1,
2,
2,
3,
4,
4,
83
22
58
38
10
76
9,000
10,000
12,000
16,000
18,00
20,000
4.50
5.00
6.00
8.00
9.00
10.
5.
5.
.38
.96
6.52
7.58
30,000 15.
40,000 20.
50,000 25
60,000 or 30
more
11.2
12.0
13.6
16.5
17.9
19.2
25.
30.
35.4
40.0
.2
.5
Where the process weight per hour is between two listed figures, such
process weight and maximum allowable particulate emission per hour shall
be interpolated accordingly. The total process weight of all similar
process operations located at a single plant or of multiple plants located
on a single premise shall be used for determining the maximum allowable
particulate emission from the combination of such operations.
(50.2) RULE 41. SULPHUR OXIDE EMISSIONS
A person shall not discharge into the atmosphere from any single source
of emissions whatsoever sulphur oxides, calculated as sulphur dioxide
($03) in excess of 1000 ppm.
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(51.13) RULE 42. OPEN FIRES
No person shall use open fires for the purpose of disposal of petroleum
wastes, demolition debris, tires, trees, wood waste or other combustible
or flammable solid or liquid waste; or for metal salvage or burning of
automobile or other vehicle bodies. Nothing in this rule shall be con-
strued as prohibiting:
(a) Fires for the disposal of combustible or flammable solid waste of
a single or two-family dwelling on its premises, or
(b) Fires used only for the cooking of food for human beings or for
recreational purposes, or
(c) Agricultural burning authorized pursuant to these rules and regu-
lations, the California Health and Safety Code, and the control
guidelines of the California Air Resources Board, or
(d) Fires used for right-of-way clearing by a public entity or utility
or for levee and ditch maintenance, or
(e) Fires authorized by any public officer when such fire is, in his
opinion, necessary for the following purposes or any of them:
(1) For the purpose of the prevention of a fire hazard which can-
not be abated by any other means.
(2) The instruction of public employees in the methods of fighting
f i re.
(3) Set pursuant to permit on property used for industrial pur-
poses for the purpose on instruction of employees in methods
of fighting fire.
(f) Fires used for the purpose of disposal of waste at County dump
sites.
(51.1) RULE 43. ORCHARD HEATERS
(a) No new orchard, vineyard or citrus heater produced or manufactured
shall be sold for use against frost damage unless it has been ap-
proved by the California Air Resources Board.
(b) The continued use of orchard heaters that will not comply with
these regulations will be permitted until January 1, 1975 if pro-
visions of these regulations would preclude the use of such heaters
and be a serious economic hardship to elimination of agricultural
operations now being carried out within the District (H. and S.
24265.5). AFTER 1 January, 1975, all orchard heaters shall be of
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a type which produces unconsumed solid carbonaceous matter at a rate
of not more than one (1) gram per minute
(7.0) RULE 44. REPORT OF BREAKDOWN
Emissions exceeding any of the limits established by REGULATION IV as
a direct result of unavoidable upset conditions or unforeseeable break-
down of equipment or control apparatus shall not be deemed in violation
provided the following requirements are met:
(a) The upset or breakdown is immediately reported to the Air Pollution
Control Officer.
(b) The person responsible shall, upon the request of the Control
Officer, submit a full report, including the known causes and the
preventive measures to be taken to minimize or eliminate a reoccur-
rence.
(c) The Control Officer upon investigation concurs that the upset or
breakdown was unavoidable or unforeseeable.
(2.0) RULE 45. 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 viola-
tion of these Rules and Regulations or any provisions of the California
Health and Safety Code.
(51.16) RULE 46. GASOLINE LOADING AND STORAGE
All storage tanks, equipment, facilities and provisions for the loading
and storage of gasoline shall conform with the requirements of Sections
39068.2, 39068.3, 39068.4, and 39068.5 of the California Health and
Safety Code.
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REGULATION V
PROCEDURE BEFORE HEARING BOARD
(2.0) RULE 50. GENERAL.
This regulation shall apply to all hearings before the Hearing Board
of the Air Pollution Control District.
(16.0) RULE 51. POWERS OF HEARING BOARD.
After a public hearing, the Hearing Board may:
! (a) Continue the suspension of a permit suspended by the Air Pollution
j Control Officer.
I (b) Remove the suspension of an existing permit invoked by the Air
I Pollution Control Officer pending the furnishing by the permittee
: of the information, analyses, plans and specifications required, or
; (c) Find that no violation exists and reinstate an existing permit, or
(d) Revoke any existing permit, if it finds:
i (1) The permittee has failed to correct any conditions required
by the Air Pollution Control Officer, or
i (2) A refusal of a permit would be justified, or
i
(3) Fraud or deceit was employed in obtaining of the permit, or
i (4) Any violation of this chapter, Chapter 3.5 (commencing with
Section 39077) of Part 1 of Division 26, or of any Rule or
j Regulation of the Air Pollution Control Board. (Section
24276).
i (2.0) RULE 52. FILING PETITIONS.
i
i
I Requests for hearing shall be initiated as specified in the Health and
; Safety Code by the filing of a petition with the Clerk of the Hearing
Board at the Trinity County Air Pollution Control District, Courthouse,
Weaverville, California, and the payment of the fee provided for in
RULE 31 of these Rules and Regulations, after service of a copy of the
petition has been made on the Air Pollution Control Officer at the Trinity
County Health Department, Weaverville, California, 96093, and one copy
on the holder of the permit or variance, if any, involved. Service may
be made in person or by mail and service may be proved by written ac-
knowledgement of the person served or by the affidavit of the person
making the service.
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(2.0) RULE 53. CONTENTS OF PETITION.
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 the partners if a co-
partnership, names and addresses of the officers, if a corporation,
and the names and addresses of the persons in control, if other
entity.
(c) The type of business or activity involved in the application and the
street address at which it is conducted.
(d) 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 suspended
permit reinstated under Section 24274, Health and Safety Code
of the State of California.
(2) For a variance under Section 24292, Health and Safety Code.
(3) To revoke or modify a variance under Section 24298, Health and
Safety Code.
(4) To review the denial or conditional granting of an authority
to construct, permit to operate or permit to sell or rent under
RULES 21 and 22 of these Rules and Regulations.
(f) Each petition shall be signed by the petitioner, or by some person
on his behalf, and where the person signing is not the petitioner,
it shall set forth his authority to sign.
(g) Petitions for revocation of permits shall allege in addition, the
rule under which the 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 the 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.
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(i) All petitions shall be typewritten, double-spaced, on legal or
letter-sized 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.
(2.0) RULE 54. APPEAL FROM DENIAL
A petition to review a denial or conditional approval of an Authority to
Construct, Permit to Operate or Permit to Sell or Rent shall, in addi-
tion to the matters required by RULE 53, set forth a summary of the ap-
plication or a copy thereof and the alleged reasons for the denial or
conditional approval and the reasons for appeal.
(5.0) RULE 55. PETITIONS FOR VAIANCE
In addition to the matters required by RULE 53, 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.
(d) The damage or harm resulting or which would result to petitioner
from the 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 residents of the district
resulting from requiring compliance or resulting from granting a
variance.
(g) Whether or not operations under such a 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 Air Pollution Control Officer.
(2.0) RULE 56. 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 Hear-
ing Board direct otherwise, and confirm such direction in writing. Such
direction need not be made at a meeting of the Hearing Board. The Chair-
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man or any two members of the Board, 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 57. ANSWERS
Any person may file an answer within ten (10) days after service. All
answers shall be served in the manner prescribed for service or petitions
under RULE 52.
(2.0) RULE 58. 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 Hear-
ing Board. The Clerk of the Hearing Board shall notify all interested
persons of such dismissal.
(16.0) RULE 59. PLACE OF HEARING
All hearings shall be held at the County Supervisors' Chambers, Trinity
County Courthouse, Weaverville, California, unless some other place is
designated by the Hearing Board.
(16.0) RULE 60. 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 Sections 24275, 24295, 24299, 24365.8-a and 24365.8-b of the
Health and Safety code.
(2.0) RULE 61. 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 ob-
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jection 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 objections in civil actions. The rules
of privilege shall be effective to the same extent that they are
now or hereafter may be recognized in civil actions and irrelevant
and unduly repetitious evidence shall be excluded.
(2.0) RULE 62. PRELIMINARY MATTERS
Applications for setting a date for hearing, granting continuances, ap-
proving petitions for filing, allowing amendments and other preliminary
rulings not determinative of the merits of the case may be granted by the
Chairman or any two members of the Hearing Board ex parte. Written no-
tice of any action taken under this rule shall be given to all parties
by the party requesting the action.
(2.0) RULE 63. 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 64. CONTINUANCES
The Chairman or any two members of the Hearing Board shall grant any
continuance of fifteen (15) days or less, concurred in by the petitioner,
the Air Pollution Control Officer and by every person who has filed an
answer in the action and may grant any reasonable continuance; in either
case such action may be ex parte. Written notice of any action taken
under this RULE shall be given to all parties by the party requesting
the action.
(2.0) RULE 65. DECISION
The decision shall be in writing, served and filed within thirty (30)
days after submission of the cause by the parties thereto and shall con-
tain a brief statement of facts found to be true, the determination of
the issues presented to and the order of the Hearing Board. A copy shall
be mailed or delivered to the Air Pollution Control Officer, the peti-
tioner and to every person who has filed an answer or who has appeared
as a party in person or by counsel at the hearing.
(2.0) RULE 66. EFFECTIVE DATE OF DECISION
The decision shall become effective fifteen (15) days after delivering or
mailing a copy of the decision, as provided in RULE 65, or the Hearing
ftoard may order that the decision shall become effective sooner.
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(3.0) RULE 67. LACK OF PERMIT
1 )
The Hearing Board shall not receive or accept a petition for a variance
for the operation or use of any article, machine, equipment or other con-
trivance until a Permit to Operate has been granted or denied by the Air
Pollution Control Officer except under the following conditions:
(a) An appeal from a denial of a Permit to Operate and a petition for
a variance may be filed with the Hearing Board in a single petition.
(b) The Air Pollution Control Officer may petition the Hearing Board to
grant a variance or extension of initial compliance for any indivi-
dual operation or group of operations.
A variance granted by the Hearing Board after a denial of a permit to
operate by the Air Pollution Control Officer may include a Permit to
Operate for the duration of the variance.
(16.0) RULE 68. ISSUANCE OF SUBPOENAS, SUBPOENAS DUCES TECUM
Whenever the members of the Hearing Board conducting any hearing deem it
necessary to examine any person as a witness at such hearing, the
Chairman of the Hearing Board shall issue a subpoena, in proper form,
commanding such person to appear before it at a time and place specified
to be examined as a witness. The Subpoena may require such person to
produce all books, papers and documents in his possession or under his
control to such hearing.
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REGULATION VI
VIOLATIONS AND PENALTIES
(15.0) RULE 70. PENALTY ACTIONS FOR VIOLATIONS.
Penalty actions for non-compliance with, or violation of, any rule of
these Rules and Regulations will be instituted pursuant to the following
provisions and further pursuant to the provisions of Chapter 2, Division
20 of the Health and Safety Code of the State of California.
(15.0) RULE 71. MISDEMEANOR VIOLATIONS.
Every person is guilty of a misdemeanor who:
(a) Knowingly makes any false statement in any application for a permit
or any information, analyses, plans or specifications submitted
either in conjunction therewith, or at the request of the Air Pol-
lution Control Officer (Section 24277).
(b) Builds, erects, alters, replaces, uses, or operates any source
capable of emitting air contaminants, for which a permit is re-
quired by the regulations of the Air Pollution Control District
when his permit so to do has been either suspended or revoked
(Section 24278).
(c) Is required by the regulation of the Air Pollution Control Board
to obtain a permit to so do, and without first obtaining such
permit, builds, erects, alters, replaces, uses, or operates any
source capable of emitting air contaminants (Section 24279).
(d) Builds, erects, alters, or replaces, operates or uses any such
article, machine, equipment, or other contrivance contrary to the
provisions of any permits issued under these Rules and Regulations
(Section 24280).
(e) Violates any order, rule, or regulation of Trinity County Air
Pollution Control District. Every day during any portion of which
such a violation occurs is a separate offense. (Section 24281).
(15.0) RULE 72. CIVIL PENALTIES
(a) Any person who intentionally or negligently violates any order of
abatement issued by the Trinity County Air Pollution Control Dis-
trict pursuant to Section 24260.5, or by the State Air Resources
Board pursuant to this part, shall be liable for a civil penalty
not to exceed Six Thousand Dollars ($6,000) for each day in which
such violation occurs (Section 39260).
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(b) Any person who intentionally or negligently violates Sections 24242,
24242.5, 24243 or 39296, or any rule or regulation of the Trinity
County Air Pollution Control District or the State Air Resources
Board issued pursuant to this part, prohibiting or limiting the
discharge of air contaminants into-the air shall be liable for a
civil penalty not to exceed Five Hundred Dollars ($500.00) for each
day in which such violation occurs. Such violations follow:
(1) A person shall not discharge into from any single source of
emission whatsoever, any air contaminant for a period or peri-
ods aggregating more than three (3) minutes in any one (1)
hour which is
(i) As dark or darker in shade as that designated as No. 2 on
the Ringelmann Chart, as published by the United States
Bureau of Mines, or
(ii) Of such opacity as to obscure an observer's view to such
a degree equal to or greater than does smoke described
in Subsection (a) of this section (Section 24242).
(2) No person shall operate any aircraft in such a manner that will
result in the discharge into the atmosphere of any air con-
taminant for a period of over ten (10) seconds in any one (1)
hour which is
(i) As dark or darker in shade as that designated as No. 2 on
the Ringelmann Chart, as published by the United States
Bureau of Mines, or
(ii) Of such opacity as to obscure an observer's view to
such a degree equal to or greater than those of smoke
described in subsection (a) of this section (Section
24242).
This section shall not apply to any aircraft being used in the
seeding of an agricultural crop or the application of a pesticide as
defined in Sections 11404 and 12753 of the Agricultural Code, which
is used in connection with the commercial production of any animal
or plant crop.
(3) 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 com-
fort, 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 (Section 24243).
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(4) No person shall, after December 31, 1971, use open fires for
the purpose of disposal of petroleum wastes, demolition
debris, fires, tar, trees, wood waste, or other combustible
or flammable solid or liquid waste; or for metal salvage or
burning of automobile bodies (Section 39296).
(15.0) RULE 73. CIVIL ACTIONS
(a) Any violation of any provisions of this article or of any order,
rule or regulation of the Trinity County Air Pollution Control
Board may be enjoined in a civil action brought in the name of the
People of the State of California, except that the plaintiff shall
not be required to allege facts necessary to show or tending to
show lack of adequate remedy at law or to show or tending to show
irreparable damage or loss (Section 24252).
(b) The civil penalties prescribed by Sections 39260 and 39261 shall
be assessed and recovered in a civil action brought in the name of
the People of the State of California by the Attorney General, by
the Trinity County District Attorney, or by the attorney of any
type of Air Pollution Control District in which the violation oc-
curs in any court of competent jurisdiction. In determining such
amount, the court shall take into consideration all relevant cir-
cumstances, including but not limited to, the extent of harm caused
by the violation, the nature and persistence of the violation, the
length of time over which the violation occurs, and corrective
action, if any, taken by the defendant.
An action brought pursuant to this section to recover such civil
penalties shall take special precedence over all civil matters on
the calendar of the court except those matters to which equal
precedence on the calendar is granted by law (Section 39262).
(15.0) RULE 74. TRINITY COUNTY AIR POLLUTION CONTROL BOARD POWERS.
(a) The Air Pollution Control Board of the County of Trinity's Air
Pollution Control District may make and enforce all needful orders,
rules and regulations to accomplish the purposes of Chapter 2 of
Division 20, and Chapter 3.5 (commencing with Section 39077) of
Part 1 of Division 26 for the administration of such District, and
may perform all other acts necessary or proper to accomplish the
purposes of these chapters (Section 24260).
(b) The Trinity County Air Pollution Control Board may, after notice
and a hearing, issue, or provide for the issuance by the Hearing
Board after a notice and a hearing, of, an order for abatement
whenever the District finds that any person is in violation of
Sections 24242, 24242.5, 24243 and 39296, or any rule or regulation
prohibiting or limiting the discharge of air contaminants into the
air. The Air Pollution Control Board in holding hearings on the
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•issuance of orders for abatement shall have all the powers and
duties conferred upon it by Chapter 2 of Division 20 (commencing
with Section 24224) (Section 24260.5).
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REGULATION VII
J
EPISODE PROCEDURES
This regulation is designed to prevent the excessive buildup of air
contaminants during air pollution episodes and to avoid any possibility
of a catastrophe caused by toxic concentrations of air contaminants.
Past history indicates that the possibility of such a catastrophe is
extremely remote.
The Air Pollution Control Board deems it desirable to have ready an
adequate plan to prevent such an occurrence, and in case of the happening
of this unforeseen event, to provide for adequate actions to protect the
health of citizens in the Air Pollution Control District.
(2.0) RULE 80. GENERAL
Notwithstanding any other provisions of these rules and regulations, the
provisions of this regulation shall apply within the boundaries of the
County of Trinity.
(9.0) RULE 81. SAMPLING STATIONS
The Air Pollution Control Officer shall maintain atmospheric sampling
stations adequately equipped at strategic locations known to give repre-
sentative indications of impending episode conditions. The Air Pollution
Control Officer may maintain such additional sampling stations as may be
necessary. These additional stations may be permanent, temporary, fixed,
or mobile and may be activated upon orders of the Air Pollution Control
Officer.
(8.0) RULE 82. DECLARATION OF AIR POLLUTION EPISODES
An air contaminant sampling network shall be actuated by a forecast of
stagnant atmospheric conditions by the local weather forecast station.
The Air Pollution Control Officer shall declare the appropriate episode
condition whenever the concentration of any air contaminant has been
verified to have reached the standards set forth in the following table.
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TOXIC AIR POLLUTANT LEVELS IN
MICROGRAMS PER CUBIC METER
(Based on 24 hour average values)
ALERT WARNING
Particulate Matter 250 500
(0.3
Nitrogen Oxides 300 600
(0.15 ppm) (0.3 ppm)
ALERT - The "Alert" level is that concentration of air pollutants at
which first stage control actions are to begin. An "Alert" will be
declared when any one of the above levels is exceeded and meteorological
conditions are such that this condition can be expected to continue for
twelve (12) or more hours.
WARNING - The "Warning" level indicates that air quality is continuing
to degrade and that additional abatement actions are necessary.
EMERGENCY - An "Emergency" level will be declared when the "Warning level
for a pollutant has been exceeded and the concentrations of the pollutant
are continuing to increase.
TERMINATION - Any status reached by application of the above criteria
will remain in effect until the criteria for that level are no longer met.
At such time the next lower status will be assumed.
(8.0) RULE 83. NOTIFICATION OF EPISODE CONDITIONS
(a) Following the declaration of an air pollution episode, the Air
Pollution Control District shall communicate notification of the
condition to:
(1) The general public through the local news media.
(2) All fire districts within the boundaries of the County of
Trinity.
(3) The office of Civil Defense and Disaster Relief of the County
of Trinity.
(4) Air Polluting industrial plants and processes which require
notification to place in effect-prearranged plans to reduce
the output of air contaminants.
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(8.0) RULE 84. ALERT ACTIONS
(a) All permits for open burning operations in the affected area shall
immediately be cancelled.
(b) The use of incinerators for the disposal of any form of solid
waste shall be limited to the hours between 11:00 a.m. and 5:00 p.m.
(c) All power generating facilties shall switch to natural gas or to
use of lower sulphur fuels.
(8.0) RULE 85. WARNING ACTIONS
| (a) All permits for open burning operations in the affected area shall
; be immediately cancelled.
(b) The use of incinerators for the disposal of any form of solid or
liquid waste shall be prohibited.
(c) Persons operating motor vehicles shall be advised by the local
new media to restrict in any way possible all unnecessary operations,
1 (d) All industrial facilities shall be advised to cease, postpone or
: defer all operations leading to the creation of air contaminants.
(8.0) RULE 86. EMERGENCY ACTIONS
(a) There shall be no open burning by any persons of solid wastes or
debris in any form.
i
j (b) The use of incinerators for the disposal of any form of solid or
liquid waste shall be prohibited.
(c) All commercial and industrial establishments which are responsible
J for the release of air contaminants shall be advised to immediately
i cease or curtail operations in accordance with pre-determined emer-
i gency criteria.
j (d) The Air Pollution Control Officer shall notify the Trinity County
i Board of Supervisors of the emergency condition and request that
i the necessary evacuation procedures be instituted by the Office
of Civil Defense and Disaster Relief.
(8.0) RULE 87. END OF EPISODE CONDITIONS
i The Air Pollution Control Officer shall declare the termination of the
appropriate "Alert", "Warning", or "Emergenrv" whenever the concentration
of an air contaminant which causes the declaration of such a situation
has been verified to have fallen below the standards set forth in
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meteorological data indicates that the concentration of such air contami-
nant will not immediately increase again so as to reach the standards set
forth for such alert in RULE 82. The Air Pollution Control Officer shall
immediately communicate the declaration of the termination of the episode
condition to all persons who had been notified under the procedures
specified in RULE 83.
(15.0) RULE 88. ENFORCEMENT
When an "Alert, "Warning" or "Emergency" has been called, the Air Pollution
Control Officer, the Sheriff, Fire~Chiefs, their deputies, and all other
peace officers within the County of Trinity shall enforce the appropriate
provisions of this Regulation and all orders of the Air Pollution Control
Board or the Air Pollution Control Officer made pursuant to this Regula-
tion against any person who having knowledge of the declaration of such
a situation, refuses to comply with the rules set forth in this Regula-
tion or any order of the Air Pollution Control Board or the Air Pollution
Control Officer made pursuant to this regulation.
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