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 ------- 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 ------- 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) ------- 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 ------- 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 ------- 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 ------- 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. ------- 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, ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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. -1- ------- (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. -2- ------- (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. -3- ------- (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. -4- ------- 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. -5- ------- (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. -6- ------- (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. -7- ------- (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. -8- ------- (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. -11- ------- (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. -12- ------- (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). -13- ------- 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. -14- ------- (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. -15- ------- 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. -16- ------- 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. -17- ------- (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 -18- ------- 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. -19- ------- 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. -20- ------- (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. -21- ------- (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- -22- ------- 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- -23- ------- 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. -24- ------- (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. -25- ------- 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). -26- ------- (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). -27- ------- (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 -28- ------- •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). -29- ------- 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. -30- ------- 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. -31- ------- (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 -32- ------- 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. -33- ------- |