U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-296 700
Air Pollution Regulations in
State Implementation Plans
California, Tulare 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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United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
PB 296700
EPA-450/3-78-054~-4?
August 1978
Air
Air Pollution Regulations
in State Implementation
Plans:
California
Tulare County
REPRODUCED BY
NATIONAL TECHNICAL
INFORMATION SERVICE
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TECHNICAL REPORT DATA
(Please read Instructions on the reverse before completing)
i. REPORT NO.
EPA-450/3-78-054-43
2.
t TITLE ANDSU|TITL£
Air Pollution Regulations in State Implementation i
Plans: California Tulare County
3. RECIPIENT'S ACCESSION>NO.
6. REPORT DATE
August 1978
6. PERFORMING ORGANIZATION CODE
7. AUTHOR(S)
8. PERFORMING ORGANIZATION REPORT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Waiden Division of Abcor, Inc.
Wilmington, Mass.
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT NO.
68-02-2890
12. SPONSORING AGENCY NAME AND ADDRESS
Control Programs Development Division
Office of Air Quality Planning and Standards
Office of Air, Noise, and Radiation
Research Triangle Park. NC 27711
13. TYPE OF REPORT AND PERIOD COVERED
14. SPONSORING AGENCY CODE
16. 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 J
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
Air pollution
Federal Regulations
Pollution
State Implementation Plans
8. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
b.lDENTIFIERS/OPEN ENDED TERMS C. COSATI Field/Group
19. SECURITY CLASS (This Report)
Unclassified
20. SECURITY CLASS (Thispage)
Unclassified
21.
22. PRICE
EPA Form 2220-1 (9-73)
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EPA-450/3-78-054-43
Air Pollution Regulations
in State Implementation Plans:
California
Tula re County
by
Walden Division of Abcor, Inc.
Wilmington, Massachusetts
Contract No. 68-02-2890
EPA Project Officer: Bob Schell
Prepared for
U.S. ENVIRONMENTAL PROTECTION AGENCY
Office of Air, Noise, and Radiation
Office of Air Quality Planning and Standards
Research Triangle Park, North Carolina 27711
August 1978
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This report is issued by the Environmental Protection Agency to
report air pollution regulations of interest to a limited number of
readers. Copies are available, for a fee, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
This report was furnished to the Environmental Protection Agency by
Walden Division of Abcor, Inc., Wilmington, Mass. 01887, in fulfillment
of Contract No. 68-02-2890. The contents of this report are reproduced
herein as received from Walden Division of Abcor, Inc. The opinions,
findings, and conclusions expressed are those of the author and not
necessarily those of the Environmental Protection Agency. Mention of
company or product names is not to be considered as an endorsement
by the Environmental Protection Agency.
Publication No. EPA-450/3-78-054-W
ii
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INTRODUCTION
This document has been produced in compliance with Section 110(h)(l)
of the Clean Air Act Amendments of 1977. The Federally enforceable
regulations contained in the State Implementation Plans (SIPs) have been •
compiled for all 56 States and territories (with the exception of the
Northern Mariana Islands). They consist of both the Federally approved
State and/or local air quality regulations as indicated in the Federal
Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of
the above categories as of January 1, 1978, have been incorporated. As
mandated by Congress, this document will be updated annually. State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.
There have been recent changes in the Federal 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
iii
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to the SIP and the date of the Federal Register in which the revision
was either approved or disapproved by EPA. Finally, a brief description
or reference of the regulation which was submitted is also included.
This document is not intended to provide a tool for determining
the enforceability of any given regulation. As stated above, it is
intended to provide a comprehensive compilation of those regulations
which are incorporated directly or by reference into Title 40, Part 52,
of the Code of Federal Regulations. Consequently, the exclusion of a
Federally approved regulation from this document does not diminish the
enforceability of the regulation. Similarly, the inclusion of a given
regulation (for example, regulations governing pollutants, such as odors,
for which there is no national ambient air quality standards) in this
document does not, in itself, render the regulation enforceable.
1v
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TABLE OF CONTENTS
Revised Standard
Subject Index
-
(2.0)
(1.0)
(14.0)
(14.0)
(15.0)
(16.0)
(2.0)
(9.0)
(9.0)
(9.0)
(15.0)
(2.0)
(2.0)
(2.0)
(2.0)
(2.0)
-
(3.0)
TULARE COUNTY
Reg-Section
Number
Reg. I
Section 101
102
103
103.1
104
105
106
107
108
108.1
no
111
112
113
114
115
Reg. II
Section 201
REGULATIONS
Title
• •• utmmm
General Provisions
Title
Definitions
Confidential Information
Inspection of Public
Records
Enforcement
Order of Abatement
Land Use
Inspections
Source Monitoring
Source Sampling
Arrests and Notices to
Appear
Circumvention
Circumvention
Separation and Combination
Severability
Applicability of Emission
Limits
Permits
Permits Required
Page
1
1
1
4
5
6
6
6
7
7
8
8
9
9
9
10
10
11
11
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Revised Standard
Subject Index
(2.0)
(2.0)
(3.0)
(3.0)
(3.0)
(9.0)
(3.0)
(2.0)
(3.0)
(2.0)
(3.0)
(2.0)
(2.0)
-
(3.0)
(3.0)
(9.0)
(14.0)
(16.0)
'
(50.1.2)
(2.0)
(50.1.2)
Reg-Section
Number
Section 202
203
204
205
206
207
208
209
210
211
212
213
214
Reg. Ill
Section 301
302
303
304
305
Reg. IV
Section 401
402
403
Title Page
Exemptions 12
Transfer 13
Applications 14
Cancellation of Applications 14
Action on Applications 14
Provision of Sampling
and Testing Facilities 14
Standards For Granting
Application 14
Conditional Approval 15
Denial of Applications 15
Further Information 16
Applications Deemed Denied 16
Appeals 16
Existing Sources 16
Fees 17
Permit Fee 17
Permit Fee Schedules 19
Analysis Fees 23
Technical Reports - Charges
For 23
Hearing Board Fees 23
Prohibitions 24
Visible Emissions 24
Exceptions 24
Wet Plumes 25
vi
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Revised Standard
Subject Index
(50.1)
(51.3)
(50.2)
(51.9)
(51.5)
(51.5) (51.6) (51.7)
(51,7)
(50.4)
(50.4)
(50.4)
(51.16)
(51.16)
(51.16)
(51.16)
(51.16)
(51.21)
(51.13)
(2.0)
(51.13)
(51.9)
Reg-Section
Number
Section 404
406
407
407.1
407.2
408
409
410
410.1
410.2
411
412
412.1
413
414
415
416
417
417.1
418
Title Page
Particulate Matter 25
Process Weight - Portland
Cement Kilns 26
Sulfur Compounds 26
Disposal of Solid or
Liquid Waste 26
Fuel Burning Equipment -
Combustion Contaminants 27
Fuel Burning Equipment 27
Fuel Burning Equipment -
Oxides of Nitrogen 28
Organic Solvents 28
Architectural Coatings 31
Disposal and Evaporation
of Solvents 31
Storage of Petroleum
Products 31
Gasoline Transfer Into
Stationary Storage Containers 32
Transfer of Gasoline Into
Vehicle Fuel Tanks 35
Organic Liquid Loading 36
Effluent Oil Water Separators 37
Reduction of Animal Matter 38
Open Burning 38
Exceptions 39
Agricultural Burning 40
Incinerator Burning 46
vii
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Revised Standard
Subject Index
(50.7)
(2.0)
(51.1)
-
(2.0)
(2.0)
(2,0)
(2.0)
' (5.0)
(2.0)
(2.0)
(2.0)
(2.0)
(16.0)
(16.0)
(2.0)
(2.0)
(2.0)
(2.0)
(2.0)
(2.0)
(3.0)
Reg -Section
Number
Section 419
420
421
Reg. V
Section 501
502
503
504
505
506
507
508
509
510
511
512
513
514
515
516
517
518
Title Page
Nuisance 46
Exception 46
Orchard Heaters 46
Procedure Before The
Hearing Board 47
Applicable Articles of
the Health and Safety Code 47
General 47
Filing Petitions 47
Contents of Petitions 48
Petitions For Variances 49
Appeal From Denial 50
Failure To Comply With Rules 50
Answers 50
Dismissal of Petition 50
Place of Hearing 50
Notice of Hearing 51
Evidence 51
Preliminary Matters 51
Official Notice 52
Continuances 52
Decision 52
Effective Date of Decision 52
Lack of Permit 52
viii
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SUMMARY SHEET
OF
EPA - APPROVED REGULATION CHANGES
TULARE COUNTY, APCD
Submittal
6/30/72
10/23/74
1/10/75
4/21/76
11/10/76
Approval
9/22/72
8/22/77
8/22/77
7/26/77
9/21/77
Description
All regs. unless otherwise stated
Rules 102, 103, 108.1, 110, 112-114,
302, 401, 404-406, 407.3, 408, 410,
410.1, 410.2, 411, 420, 503-505, 515.
Note: 407.3 is disapproved. Note:
For Federal purposes use 6/30/72
submittal of Rule 407
Rules 417. 417.1 (a-d), e2, f
Rule 412, 412.1
Rule 102, 103, 103.1, 104, 105, 110,
112, 115, 305, 402 (a-e, g), 405,
407.1, 407.3, 409, 417.1, 421.
Note; 407.3 disapproved. Rule 407
oT6730/72 in effect. 407.l(b)
and 402(e) were disapproved.
ix
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REGULATION I
GENERAL PROVISIONS
SECTION 101
TITLE
These rules and regulations shall be known as the Rules and Regulations
of .the Tulare County Air Pollution Control District.
(1<0) SECTION 102
DEFINITIONS
Except as otherwise specifically provided in these rules and, except
where the context otherwise indicates, words used in these rules are
used in exactly the same sense as the same words are used in Capter 2,
Division 20, of the Health and Safety Code.
a. Air Contaminant: "Air Contaminant" means any discharge,
release, or other propagation into the atmosphere directly or
indirectly, caused by man and includes, but 1s not limited to,
smoke, charred paper, dust, soot, grime, carbon, noxious
acids, fumes, gases, odors or particulate matter, or any
combination thereof. (Revised 8/31/76)
b. Alteration: Any addition to, enlargement of, replacement of,
or any major modification or change of the design, capacity,
process, or arrangement, or any increase in the connected
loading of, equipment or control apparatus, which will signi-
ficantly increase or affect the kind or amount of air contamin-
ants emitted.
c. Atmosphere; "Atmosphere" means the air that envelopes or
surrounds the earth. Where air pollutants are emitted into
a building not designed specifically as a piece of air
pollution control equipment, such emission into the building
shall be considered an emission Into the atmosphere.
d. Board; "Board" means the Air Pollution Control Board of the
Air Pollution Control District of Tulare County.
e. Combustible Refuse; "Combustible Refuse" is any solid or
liquid combustible waste material containing carbon in a free
or combined state.
f. Combustion Contaminants: "Combustion Contaminants" are parti-
culate matter discharged into the atmosphere from the burning
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of any kind of material containing carbon in a free or combined
state.
g. Control Officer; "Control Officer" means the Air Pollution
Control Officer of the Air Pollution Control District of
Tulare County.
h. District; "District" is the Air Pollution Control District of
Tulare County.
i. Dusts; "Dusts" are minute, solid particles released into the
air by natural forces or by mechanical processes such as
crushing, grinding, milling, drilling, demolishing, shoveling,
conveying, covering, bagging, sweeping, or other similar
processes.
j. Emission: The act of passing Into the atmosphere of an air
contaminant or gas stream which contains an air contaminant,
or the air contaminant so passed into the atmosphere.
k. Emission Point: The place at which an emission enters the
atmosphere.
1. Flue: Means any duct or passage for air, gases, or the like,
such as a stack or chimney.
m. Fumes; "Fumes" are minute, solid particles generated by the
condensation of vapors from solid matter after volatilization
from the molten state, or generated by sublimation, distillation;
calcination, or chemical reaction, when these processes create
air-borne particles.
n. Hearing Board; "Hearing Board" means the Hearing Board of the
Air Pollution Control District of Tulare County.
o. Installation: The placement, assemblage or construction of
equipment or control apparatus at the premises where the
equipment or control apparatus will be used, and includes
all preparatory work at such premises.
p. Institutional Facility; "Institutional Facility" means any
hospital, boarding home, school, corporation yard, or like
facility.
q. Multiple-Chamber Incinerator: "Multiple-Chamber Incinerator"
1s any article, machine, equipment, contrivance, structure or
any part of a structure used to dispose of combustible refuse
by burning, consisting of three or more refractory lined
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combustion furnaces In series, physically separated by
refractory walls, interconnected by gas passage ports or
ducts, and employing adequate design parameters necessary for
maximum combustion of the material to be burned. The refrac-
tories shall have a Pyromstric Cone equivalent of at least
17, tested according to the method described in the American
Society for Testing Materials, Method C-24.
r. Open Outdoor Fire; "Open Outdoor Fire" as used 1n this regula-
tion means combustion of any combustible refuse or other
material of any type outdoors in the open air not in any
enclosure where the products of combustion are not directed
through a flue.
s. Operation; Any physical action resulting in a change in the
location, form or physical properties of a material, or any
chemical action resulting 1n a change in the chemical compo-
sition or the chemical or physical properties of a material.
t. Owner; Includes but is not limited to any person who leases,
supervises or operates equipment, in addition to the normal
meaning of ownership.
u. Particulate Matter; "Particulate Matter" is any material,
except uncombined water, which exists 1n a finely divided form
as a liquid or solid at standard conditions.
v. Person; "Person" means any person, firm, association,
organization, partnership, business trust, corporation, company,
contractor, supplier, installer, user or owner, or any state
or local governmental agency of public district or any officer
or employee thereof.
w. PPM; Parts per million by volume expressed on a gas basis.
x. Process Weight Per Hour; "Process Weight" is the total weight
of all materials introduced into any specific source operation
which operation may cause any discharge into the atmosphere.
Solid fuels charged will be considered as part of the process
weight, but liquid and 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 cycle
of operation from the beginning of any given process to
the completion thereof, excluding any time during which the
equipment is idle.
y. Regululatjon; "Regulation" means one of the major subdivisions
of the Rules of the Air Pollution Control District of Tulare
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County.
2. Residential Rubbish; "Residential Rubbish" means refuse
originating from residential uses and includes wood, paper,
cloth, cardboard, tree trimmings, leaves, lawn clippings,
and dry plants.
aa. Rule; "Rule" means a rule of the A1r Pollution Control District
of Tulare County.
bb. Section; "Section" means section of the Health and Safety
Code of the State of California unless some other statute is
specifically mentioned.
cc. Source Operation; "Source Operation" means the last operation
preceding the emission of an air contaminant, which operation
(a) results in the separation of the air contaminant from the
process materials or 1n the conversion of the process
materials into air contaminants, as in the case
of combustion of fuels; and
(b) is not an air pollution abatement operation.
dd. Standard Conditions; As used in these regulations, "Standard
Conditions" are a gas temperature of 60 degrees Fahrenheit
and a gas pressure of 14.7 pounds per square inch absolute.
Results of all analyses and tests shall be calculated or
reported at this gas temperature and pressure.
(14.0) SECTION 103
CONFIDENTIAL INFORMATION
All information, analyses, plans, or specifications that disclose the
nature, extent, quantity, or degree of air contaminants or other
pollution which any article, machine, equipment, or other contrivance
will produce, which any Air Pollution Control District or any other State
or local agency or district requires any applicant to provide before
such applicant builds, erects, alters, replaces, operates, sells,
rents or uses such article, machine, equipment or other contrivance, are
public records.
All air and other pollution monitoring data, including data compiled
from stationary sources, are public records.
Trade secrets are not public records under this rule. Trade secrets
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may Include, but are not limited to, any formula, plan, pattern,
process, tool, mechanism, compound, procedure, production data, or
compilation of Information which is not patented, which is known only
to certain who are using it to fabricate, produce, or compound an article
of trade or a service having commercial value and which gives its
user an opportunity to obtain a business advantage over competitors
who do not know or use it.
All air pollution emission data, including those emission data which
constitute trade secrets, as defined in the above paragraph, are
public records. Data used to calculate emission data are not emission
data for the purpose of this subdivision, and data which constitute
trade secrets and which are used to calculate emission data are not
public records.
Any person furnishing any records may label as "trade secret" any
part of those records which are entitled to confidentiality. Written
justification for the "trade secret" designation shall be furnished
with the records so designated and the designation shall be a public
record. The justification shall be as detailed as possible without
disclosing the trade secret; the person may submit additional information
to support the justification, which information, upon request, will
be kept confidential in the same manner as the record sought to be
protected.
Upon the receipt of an Application for "Confidential" Classification
of Source Data, the Air Pollution Control Officer shall, within ten
(10) working days, notify the applicant of his ruling. In cases of
rejection, the Air Pollution Control Officer shall promptly notify the
person making the justification, in writing, that the records in question
shall, within twenty-one (21) days be subject to public inspection
unless a justification is received and accepted. (Added 8/31/76)
(14t0) SECTION 103.1
INSPECTION OF PUBLIC RECORDS
The Air Pollution Control Officer shall within ten (10) working days
make available records requested. If, for good cause, the information
cannot be made available within the ten (10) working days, the Air
Pollution Control Officer shall notify the requesting person the
reasons for the delay and when the information will be available.
(Added 8/31/76)
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The Air Pollution Control Officer may require the requests for public
records to be specific and in sufficient detail so that the information
may require the requests for public records to be specific and in
sufficient detail so that the information may be readily identified.
(Added 8/31/76)
(15.0) SECTION 104
ENFORCEMENT
These rules and regulations shall be enforced by the Control Officer
under authority of Sections 40752, 40753, 40702, and 40001; and all
officers empowered by Section 40120.
(16.0) SECTION 105
ORDER OF ABATEMENT
The Air Pollution Control Board may, after notice and a hearing, issue
or provide for the issuance by the Hearing Board, after notice and a
hearing of an order for abatement whenever the District finds that any
person is in violation of Section 41700 or 41701, or any rule or
regulation prohibiting or limiting the discherge of air contaminants
into the air. The A1r Pollution Control Board, in holding hearings
on the issuance of order for abatement, shall have all powers and duties
conferred upon the Hearing Board by Division 26, Health and Safety
Code, State of California. The Hearing Board, in holding hearings
on the issuance of orders for abatement, shall have all powers and duties
conferred upon it by Division 26, Health and Safety Code, State of
California. Any person whc Intentionally or negligently violates any
order of abatement issued by any type of Air Pollution Control District
pursuant to Sections 42450 and 42451 or by the Sate 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.
(2.0) SECTION 106
LAND USE
As part of his responsibility to protect the public health and property
from the damaging effects of air pollution it shall be the duty of
the air pollution control officer to review and advise the appropriate
planning authorities within the district on all new construction
or changes in land use which the air pollution control officer believes
could become a source of air pollution problems.
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(9,0) SECTION 107
INSPECTIONS
Inspections shall be made by the enforcement agency for the purpose of
obtaining information necessary to determine whether air pollution
sources are in compliance with applicable rules and regulations,
including authority to require recordkeeping and to make inspections
and conduct tests of air pollution sources.
(9.0) SECTION 108
SOURCE MONITORING
Upon the request of the control officer and as directed by him, the
owner of any source operation which emits or any emit air contaminants,
for which emissions limits have been established, shall provide the
following:
(a) Sampling ports
(b) Safe sampling platforms
(c) Safe access to sampling platforms
(d) Utilities for sampling equipment
(e) Information and records which will enable the control officer
to determine when a representative sample can be taken.
In addition, when requested by the control officer, the owner shall
provide, install, and operate continuous monitoring equipment on such
operations as directed. The equipment shall be capable of monitoring
emission levels within ± 20% with confidence levels of 95%. The owner
shall maintain, calibrate, and repair the equipment and shall keep the
equipment operating at design capabilities.
Records from the monitoring equipment shall be kept by the owner
for a period of two years, during which time they shall be available to
the control officer in such form as he directs.
In the event of a breakdown of monitoring equipment, the owner
shall notify the control officer immediately and shall initiate repairs.
The owner shall inform the control officer of the intent to shut down
any monitoring equipment at least 24 hours prior to the event:
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(9.0) SECTION 108.1
SOURCE SAMPLING
Upon the request of the Control Officer and as directed by him, the owner
of any source operation which emits or may emit air contaminants, for
which emission limits have been established, shall provide the following
facilities, constructed in accordance with the general industry safety
order of the State of California:
(a) Sampling ports
(b) Sampling platforms
(c) Access to sampling platforms
(d) Utilities for sampling equipment
The owner of such a source operation, when requested by the Control
Officer, shall provide records or other information which will enable
the Control Officer to determine when a representative sample can be
taken.
In addition, upon the request of the Control Officer and as directed by
him, the owner of such a source operation shall collect, have collected,
or allow the Control Officer to collect, a source sample.
All'source samples collected to determine the compliance .status of an
emission source shall be collected in a manner specified or approved
by the Control Officer.
(15.0) SECTION 110
ARRESTS AND NOTICES TO APPEAR
Pursuant to the provisions of the Penal Code, Section 836.5, the officers
and employees hereinafter set forth are authorized to arrest without a
warrant and issue written notices to appear whenever they have reasonable
cause to believe that the person to be arrested has committed a misde-
meanor in their presence which is a violation of a rule or regulation of
the Tulare County Air Pollution Control District, or a violation of
Division 26 of the Health and Safety Code of the State of California,
or any provision of the Vehicle Code relating to the emission or
control of air contaminants:
Environmental Health Supervisor
Environmental Control Specialist
Air Pollution Control Engineer (Added 8/31/76)
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(2-0) SECTION 111
CIRCUMVENTION
A person shall not build, erect, install, or use any article, machine,
equipment or other contrivance, the use of which, without resulting in
a reduction in the total release of air contaminants to the atmosphere,
reduces, dilutes, or conceals an omission which would otherwise
constitute a violation of Division 20, Chapter 2, of the Health and
Safety Code of the State of California or of these Rules and Regulations.
This section shall not apply to cases in which the only violation involved
is of Section 24243 of the Health and Safety Code of the State of
California or of Section 419 of these Rules and Regulations. Violation
of Section 112 is a misdemeanor pursuant to the provisions of Section
24281 of the Health and Safety Code of the State of California.
(2.0) SECTION 112
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, dilutes, or conceals an emission which would otherwise consti-
tute a violation of Division 26 of the Health and Safety Code of the
State of California, or of these Rules and Regulations. This section
shall not apply to cases in which the only violation involved is of
Section 41700 of the Health and Safety Code of the State of California,
or of Section 419 of these Rules and Regulations. Violation of Section
112 is a misdemeanor pursuant to the provision of Section 42400 of the
Health and Safety Code of the State of California.
(2-0) SECTION 113
SEPARATION AND COMBINATION
(a) If air contaminants from a single source operation are emitted
through two or more emission points, the total emitted quantity
of any air contaminant, limited in these Regulations cannot
exceed the quantity which would be the allowable emission
through a single emission point; and the total emitted quantity
of any such air contaminant shall be taken as the product of
the highest concentration measured in any of the emission
points and the exhaust gas volume through all emission points,
unless the person responsible for the source operation
establishes the correct total emitted quantity.
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(b) If air contaminants from two or more source operations are
combined prior to emission and there are adequate and reliable
means reasonable susceptible to confirmation and use by the
Control Officer for establishing a separation of the components
of the combined emission to Indicate the nature, extent,
quantity and degree of emission arising from each such source
operation, these Regulations shall apply to each such source
operation separately.
(c) If air contaminants from two or more source operations are
combined prior to emission, and the combined emission cannot
be separated according to the requirements of Section 113 (b),
these Regulations shall be applied to the combined emission
as if it originated in a single source operation subject to
the most stringent limitations and requirements placed by
these Regulations on any of the source operations whose air
contaminants are so combined.
(2.0) SECTION 114
SEVERABILITY
If any provision, clause, sentence, paragraph, section or part of these
Regulations or application thereof to any person or circumstance shall
for any reason be adjudged by a court of competent jurisdiction to be
unconstitutional or invalid, such judgement shall not affect or invali-
date the remainder of this Regulation and the appliction of such
provision to other persons or circumstances, but shall be confined
in its operation to the provision, clause, sentence, paragraph, section
or part thereof directly involved 1n the controversy in which such
judgement shall have been rendered and to the person or circumstance
involved, and it is hereby declared to be the Intent of the Tulare
County Air Pollution Control Board that these Regulations would have
been adopted in any case had such Invalid provision or provisions not
been included.
(2.0) SECTION 115
APPLICABILITY OF EMISSION LIMITS
Whenever more than one section of these Rules and Regulations applies
to any article, machine, equipment or other contrivance, the rule or
combination of rules resulting in the smallest rate or smallest concen-
tration of air contaminants released to the atmosphere shall apply
unless otherwise specifically exempted or designated. (Added 8/31/76)
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REGULATION II - PERMITS
(3.0) SECTION 201
PERMITS REQUIRED
(a) Authority to Construct - Any person building, altering or
replacing any equipment, the use of which may cause the
issuance of air contaminants or the use of which may eliminate
or reduce or control the issuance of air contaminants, shall
first obtain authorization for such construction from the
air pollution control officer. An authority to construct
shall remain in effect until the permit to operate the equip-
ment for which the application was filed is granted, denied,
or cancelled.
(b) Permit to Operate - Before any equipment described in Section1
Z01(a) may be operated, a written permit shall be obtained
from the air pollution control officer. No permit to operate
shall be granted either by the air pollution control officer
or the hearing board for any equipment described in Section
201 (a), constructed or installed without authorization as
required by Section 201 (a), until the information required
is presented to the air pollution control officer and such
equipment is altered, if necessary, and made to conform to
the standards set forth in Section 208 (standards for grant-
ing application) and elsewhere in these rules and regulations.
(c) Posting Of Permit To Operate - A person who has been granted...
under Section 201"(b) a permit to operate any equipment
described in Section 20T (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 a manner as to be
clearly visible and accessible. In the event that the equip-
ment is so constructed or operated that the permit to operate
cannot be so placed, the permit to operate shall be mounted
so as to be clearly visible in an accessible place within
25 feet of the equipment or maintained readily available at
all times on the operating premises.
(d) Altering Of Permit - A person shall not wilfully deface, alter,
forge, counterfeit, or falsify a permit to operate any equip-
ment.
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(2.0) Section 202
EXEMPTIONS
Any authority to construct or a permit to operate shall not be required
for:
(a) Vehicles as defined by the Vehicle Code of the State of
California but not including any article, machine, equipment
or other contrivance mounted on such vehicle that would other-
wise require a permit under the provisions of these rules and
regulations.
(b) Vehicles used to transport passengers or freight.
(c) Equipment utilized exclusively in connection with any structure,
which structure is designed for and used exclusively as a
dwelling for not more than four families.
(d) The following equipment:
1. Comfort air conditioning or comfort ventilating systems
which are not designed to remove air contaminants
generated by or released from specific units or equipment.
2. Refrigeration units except those used as, or in conjunction
with, air pollution control equipment.
3. Piston type internal combustion engines.
4. Water cooling towers and water cooling ponds not used for
evaporative cooling of water from barometric jets or from
barometric condensers.
5. Equipment used exclusively for steam cleaning.
6. Presses used exclusively for extruding metals, minerals,
plastics or wood.
7. Equipment used exclusively for space heating, other than
boilers.
8. Equipment used for hydraulic or hydrostatic testing.
9. Equipment used in eating establishments for the purpose
of preparing food for human consumption.
10. Equipment used exclusively to compress or hold dry natural
gas.
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(e) The following equipment or any exhaust system or collector
serving exclusively such equipment:
1. Laboratory equipment used exclusively for chemical or
physical analyses and bench scale laboratory equipment.
2. Brazing, soldering or welding equipment.
(f) Steam generators, steam superheaters, water boilers, water
heaters and closed heat transfer systems that have a maximum heat
input rate of less than 250,000,000 British thermal units
(BTU per hour (gross), and are fired exclusively with one of
the following:
1. Natural gas
2. Liqu«ffled petroleum gas
3. A combination of natural gas and liquefied petroleum gas
(g) Natural draft hoods, natural draft stacks or natural draft
ventilators.
(h) Self propelled mobile construction equipment other than
pavement burners.
(i) Other sources of minor significance which may be specified by
the air pollution control officer.
(j) Agricultural implements used in agricultural operations.
(k) Vacuum cleaning systems used exclusively for industrial,
commercial or residential housekeeping purposes.
(1) Repairs or maintenance not involving structural changes to
any equipment for which a permit has been granted.
(m) Identical replacements in whole or 1n part of any equipment
where a permit to operate has previously been granted for such
equipment.
(2.0) SECTION 203
TRANSFER
A permit shall not be transferable, whether by operation of law or
otherwise, either from one location to another, from one piece of
equipment to another, or from one person to another.
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(3.0) SECTION 204
APPLICATIONS
Every application for a permit required under Section 201 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 determination required by
Section 208 hereof.
(3.0) SECTION 205
CANCELLATION OF APPLICATIONS
(a) An authority to construct shall expire and the application
shall be cancelled two years from the date of issuance of
the authority to construct, after review by the air pollution
control officer. {
(b) An application for a permit to operate shall be cancelled two
years from the date of filing of the application, after
review by the air pollution control officer.
(3.0) SECTION 206
ACTION ON APPLICATIONS
The air pollution control officer shall act, within a reasonable time,
on a permit application and shall notify the applicant in writing of his
approval, conditional approval or denial.
(9.0) SECTION 207
PROVISION OF SAMPLING AND TESTING FACILITIES
A person operating or using any equipment for which these rules require
a permit shall provide and maintain such sampling and testing facilities
as specified in the permit.
(3.0) SECTION 208
STANDARDS FOR GRANTING APPLICATION
(a) The air pollution control officer shall deny a permit except
as provided in Section 209, if the applicant does not show
that the use of any equipment, which may cause the issuance
of air contaminants, or the use of which may eliminate or
reduce or control the issuance of air contaminants, is so
designed, controlled, or equipped with such air pollution
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(b) Before a permit is granted, the air pollution control officer
may require the applicant to provide and maintain such facili-
ties as are necessary for.sampling and testing purposes in
order to secure information that will disclose the nature,
extent, quantity or degree of air contaminants discharged into
the atmosphere from the equipment described in the permit.
In the event of such a requirement, the air pollution control
officer shall notify the applicant in writing of the required
size, number and location of sampling holes; the size and
location of sampling holes; the size and location of the
sampling platform; the access to the sampling platform; and
the utilities for operating the sampling and testing
equipment. The platform and access shall be constructed in
accordance with the general industry safety orders of the State
of California.
(c) In acting upon a permit to operate, if the air pollution
control officer finds that the equipment has been constructed
not in accordance with the authority to construct, he shall
deny the permit to operate. The air pollution control officer
shall not accept any further application for permit to operate
the equipment so constructed until he finds that the equipment
has been constructed in accordance with the permit to construct.
(2.0) SECTION 209
CONDITIONAL APPROVAL
The air pollution control officer may issue an authority to construct
or a permit to operate, subject to conditions which will bring the
operation of any equipment within the standards of Section 208, in
which case the conditions shall be specified in writing. Commencing
work under such an authority to construct or operation under such a
permit to operate shall be deemed acceptance of all the conditions so
specified. The air pollution control officer shall issue an authority
to construct or a permit to operate with revised conditions upon receipt
of a new application, if the applicant demonstrates that the equipment
can operate within the standards of Section 208 under revised conditions.
(3.0) SECTION 210
DENIAL OF APPLICATIONS
In the event of denial of an authority to construct or permit to operate,
the air pollution control officer shall notify the applicant in writing
of the reasons therefor. Service of this notification may be made in
person or by mail, and such service may be proved by the written
acknowledgment of the persons served or affidavit of the person making
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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 or permit to operate.
(2.0) SECTION 211
FURTHER INFORMATION
Before acting on an application for a permit the air pollution control
officer may require the applicant to furnish information or further
plans or specifications.
(3.0) SECTION 212
APPLICATIONS DEEMED DENIED
The applicant may at his option deem the permit denied if the air pollu-
tion control officer fails to act on the application within 30 days after
filing, or within 30 days after applicant furnishes the further informa-
tion, plans and specifications requested by the air pollution control
officer, whichever is later.
(2.0) SECTION 213
APPEALS
Within 10 days after notice, by the air pollution control officer, of
denial of a permit, the applicant may petition the hearing board, in
writing, for a public hearing. The hearing board, after notice and
a public hearing held within 30 days after filing the petition, may
sustain or reverse the action of the air pollution control officer;
such order may be made subject to specified conditions.
(2.0) SECTION 214
EXISTING SOURCES
Existing sources, where control equipment has been installed, that
were in compliance and sources that are on a compliance schedule approved
by the control district, on the effective date of Section 201, shall be
issued a conditional permit to operate. The conditional permit to
operate will not be valid if there is a significant change in the
process or significant increase in production.
Existing sources, requiring the installation of control equipment, shall
be issued a conditional permit to operate provided that an acceptable
time for compliance is filed with the control officer. The time for
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compliance shall include each of the following time: time for engineering,
time for procurement, time for fabrication, and time for installation
and adjustment. The control officer may require such periodic reports
on each phase of the progress toward compliance. Failure at any phase
to make reasonable progress toward completion of such installations
as are required for final compliance shall be deemed an unreasonable
delay in compliance and is subject to revocation of the conditional
permit to operate.
REGULATION III
FEES
(3.0) SECTION 301
PERMIT FEE
(a) Filing Fee - Every applicant, except any state or local govern-
mental agency or public district, for an authority to construct
or a permit to operate equipment for which a permit is required
by (the State Law or) the rules and regulations of the air
pollution control district, shall pay a filing fee of $20.00.
Where an application is filed for a permit to operate any
article, machine, equipment or other contrivance by reason
of transfer from one person to another, and where a permit to
operate had previously been granted under Section 208 and no
alteration, addition or transfer of location has been made,
the applicant shall pay only a $10.00 filing fee.
(b) Permit Fee - Every applicant, except any state or local
governmental agency or public district, for a permit to operate,
who files application with the air pollution control officer,
shall in addition to the filing fee prescribed herein, pay
the fee for the issuance of a permit to operate in the amount
prescribed in the following schedules, provided, however, that
the filing fee shall be applied to the fee prescribed for the
issuance of the permit to operate.
(c) Cancellation Or Denial - If an application for an authority to
. construct or a. permit to operate is cancelled, or if an author-
ity to construct or a permit to operate is denied and such
denial becomes final, the filing fee required herein shall not
be refunded nor applied to any subsequent application.
(d) Transfer Of Location Qr Owner - Where an application is filed
for a permit to operate any equipment by reason of transfer
of location or transfer from one person to another, or both,
and where a permit to operate had previously been granted for
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such equipment under Section 201 and an alteration or addition
has been made, the applicant shall be assessed a fee based
upon the increase in total horsepower rating, the increase in
total fuel consumption expressed in thousands of British Thermal
Units (BTU) per hour, the increase in total electrical energy
rating, the increase in maximum horizontal inside cross section-
al area or the increase in total stationary container capacity
resulting from such alterations or additions as described in the
fee schedules contained herein. Where the application is for
transfer of location and no alteration or addition has been
made, the applicant shall pay only the amount of the filing fee
required herein.
(e) Alteration of Equipment- Where an application is filed for an
authority to construct or permit to operate exclusively involv-
ing revisions to the conditions of an existing permit to operate
or involving alterations or additions resulting in a change to
any existing equipment holding a permit under the provisions
of Section 201 of these rules and regulations, the applicant
shall be assessed a fee based upon the increase in total horse-
power rating, the increase in total fuel consumption expressed
in thousands of British Thermal Units (BTU) per hour, the in-
crease in total electrical energy rating, the increase in max-
imum horizontal inside cross sectional area or the increase in
total stationary container capacity resulting from such altera-
tions or additions, as described in the fee schedules contained
herein. Where there is no change or is a decrease in such rat-
ings, the applicant shall pay only the amount of the filing
fee required herein.
(f) Permit Fee Penalty - After the provisions for granting permits
as set forth In Cnapter 2, Division 20, of the Health and Safety
Code and the rules and regulations have been complied with, the
applicant shall be notified by the air pollution control officer,
in writing, of the fee to be paid for issuance of the permit
to operate. Such notice may be given by personal service or by
deposit, postpaid, in the United States mail and shall serve as
a temporary permit to operate for 30 days from the date of per-
sonal service or mailing. Nonpayment of the fee within this
period of time shall result in the automatic cancellation of
the application.
(g) Permit Granted By Hearing Board - In the event that a permit to
operate is granted by the hearing board after denial by the air
pollution control officer or after the applicant deems has
application denied, the applicant shall pay the fee prescribed
in the following schedules within 30 days after the date of
the decision of the hearing board. Nonpayment of the fee with-
in this period of time shall result in automatic cancellation
of the permit and the application.
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(h) Annual Renewal Fee - Annually on the anniversary of the
Issuance of a permit to operate granted under Section 201, the
permittee shall pay a renewal fee amounting to one-fourth of
the Initial permit fee under current fee schedules. The
holder of permits with more than one anniversary date may
adjust annual renewal payments to a single anniversary date
by prorating renewal fee(s) as necessary. If the renewal
fee is not paid within 30 days after it becomes due, the fee
shall be increased by one-half the amount thereof, and the
air pollution control officer shall thereupon promptly notify
the permittee by mail of the increased fee. If the increased
fee is not paid within 30 days after such notice, the permit
shall be automatically revoked and the air pollution control
officer shall so notify the permittee by mail.
(i) Multiple Locations - When permits have been issued to operate
movable equipment at two or more locations, only one annual
renewal fee will be charged. The anniversary date on which
the annual renewal fee will be due will be that noted on the
original permit.
(j) Duplicate Permit - A request for a duplicate permit to operate
shall be made in writing to the air pollution control officer
within 10 days after the destruction, loss or defacement of
a permit to operate. A fee of $2.00 shall be charged, except
to any state or local governmental agency or public district,
for issuing a duplicate permit to operate.
(3-0) SECTION 302
PERMIT FEE SCHEDULES
It is hereby determined that the cost of issuing permits, and of
inspections pertaining to such issuance exceeds the fees prescribed
herein. In determining the fees to be charged, the applicable
equipment within each process that requires a permit will be totalled
for each schedule. In the event that more than one fee schedule is
applicable to a permit to operate, the governing schedule shall be that
which results in the higher fee.
SCHEDULE 1
ELECTRIC MOTOR HORSEPOWER SCHEDULE
Any equipment which may cause the emission of air contaminants where an
electric motor is used as the power supply shall be assessed a permit
fee based on the total rated motor horsepower of all electric motors
included in any article, machine, equipment or other contrivance, in
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accordance with the following schedule:
Horsepower Fee
0 - 25 $ 20.00
26 - 50 28.00
51 - 100 48.00
101 - 200 76.00
201 - 400 100.00
401 - 800 148.00
801 - 1600 200.00
1601 - or greater 252.00
SCHEDULE 2
FUEL BURNING EQUIPMENT SCHEDULE
Any equipment which may cause the emission of air contaminants in which
fuel is burned, with the exception of incinerator which are covered in
Schedule 4, shall be assessed a permit fee based upon the design.
Fuel Consumption Of The Equipment Expressed In British Thermal Units
(BTU) Per Hour, Using The Gross Heating Value Of The Fuel, In Accordance
With The Following Schedule:
1000 BTU
0
151
401
651
1,501
2.501
PER HOUR
150
400
650
1,500
2,500
5.000
FEE
$ 20.00
28.00
48.00
76.00
100.00
148.00
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1000 BTU Per Hour Fee
5,001 - 15,000 $ 200.00
15,001- and over 252.00
SCHEDULE 3
ELECTRICAL ENERGY SCHEDULE
Any equipment which may cause the emission of air contaminants which
uses electrical energy, with the exception of electric motors covered in
Schedule 1, shall be assessed a permit fee based on the total kilovolt
ampere (KVA) ratings, in accordance with the following schedule:
Kilovolt Amperes Fee
Up to and including 45 $ 20.00
Greater than 45 but less than 145 28.00
145 or greater but less than 450 48.00
450 or greater but less than 1,450 '.. 60.00
1,450 or greater but less than 4,500 88.00
4,500 or greater but less than 14,500 148.00
14,500 or greater 252.00
SCHEDULE 4
INCINERATOR SCHEDULE
Any equipment designed and used primarily to dispose of combustible
refuse by wholly consuming the material charged leaving only the ashes
or residue shall be assessed a permit fee based on the following schedule
of the maximum horizontal inside cross sectional area, in square feet,
of the primary combustion chamber:
Area, in square feet Fee
Up to and including 8 .., $ 20.00
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Area, In square feet Fee
Greater than 8 but less than 16 $ 28.00
16 or greater but less than 27 36.00
27 or greater but less than 47 56.00
47 or greater but less than 90 76.00
90 or greater 112.00
SCHEDULE 5
STATIONARY CONTAINER SCHEDULE
Any stationary tank, reservoir, or other container, the contents which
may emit an air contaminant shall be assessed a permit fee based on
the following schedule of capacities in gallons or cubic equivalent,
in accordance with the following schedule:
Gallons Fee
Up to and including 5,000 $ 20.00
5,001 - 20,000 24.00
20,001 - 50,000 36.00
50,001 - 100,000 48.00
100,000 - 500,000 64.00
500,001 - 1,000,000 80.00
1,000,001 - Up 100.00
MISCELLANEOUS SCHEDULE
Any article, machine, equipment or other contrivance which may cause the
issuance of air contaminants as defined in Section 102 of the Rules and
Regulations, which is not included in the preceding schedules shall
be assessed a permit fee of $20.00.
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(9.0) SECTION 303
ANALYSIS FEES - Whenever the air pollution control officer finds that
an analysis of the emission from any source is necessary to determine
the extent and amount of pollutants being discharged into the atmosphere
which cannot be determined by visual observation, he may order the
collection of samples and the analysis made by qualified personnel of
the air pollution control district. The time required for collecting
samples, making the analysis, and preparing the necessary reports, but
excluding time required in going to and from such premises shall be
charged against the owner or operator of said premises in a reasonable
sum to be determined by the Air Pollution Control Officer, which said
sum is not to exceed the actual cost of such work.
(14.0) SECTION 304
TECHNICAL REPORTS - CHARGES FOR - Information, circulars, reports of
technical work, and other reports prepared by the Air Pollution Control
District when supplied to other governmental agencies or individual
or groups requesting copies of the same may be charged for by the district
in a sum not to exceed the cost of preparation and distribution of such
documents. All such monies collected shall be turned into the general
funds of the said district.
(16.0) SECTION 305
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, except any state or local govern-
mental agency or public district, shall pay the clerk of the
Hearing Board, on filing, a fee in the sum of $50.00. It is
hereby determined that the cost of administration of Article 2,
Chapter 4, Part 4, Division 26, Health and Safety Code exceeds
$50.00 per petitition.
(b) Any person requesting a transcript of the hearing shall pay
the cost of such transcript.
(c) This section shall not apply to petitions filed by the Air
Pollution Control Officer.
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REGULATION IV
PROHIBITIONS
(50.1.2) SECTION 401
VISIBLE EMISSIONS - A person shall not discharge into the atmosphere from
any single source of emission whatsoever, any air contaminant for a
period or periods aggregating more than 3 minutes in any one hour which
is.
(a) As dark or darker in shade as that designated as No. 1 on the
Rignelmann Chart, as published by the United States Bureau
of Mines.
(b) Of such opacity as to obscure an observer's view to a degree
equal to or greater than does smoke described in subsection
(a) of the Section.
(2.0) SECTION 402
EXCEPTIONS - The provision of Section 401 of these Rules and Regulations
does not apply to:
(a) Smoke from fires set by or permitted by any public officer,
if such fire is set or permission given in the performance
the official duty of such officer and such fire in the opinion
of such officer in necessary:
1. For the purpose of the prevention of a fire hazard which
cannot be abated by any other means; or
2. For the instruction of public employees in the methods of
fighting fire.
(b) Smoke from fires set pursuant to permit on property used for
industrial purposes for the purpose of instruction of employees
in methods of fighting fire.
(c) Agricultural operations necessary for the growing of crops or
raising of fowl or animals. (Revised 8/31/76)
(d) The use of an orchard or citrus grove heater which does not
produce unconsumed solid carbonaceous matter at a rate in ex-
cess of one (1) gram per minute.
(e) The use of other equipment in agricultural operations in the
growing of crops, or the raising of fowl or animals.
(f) Smoke or fumes which result from acts of God.
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(50.1.2) SECTION 403
WET PLUMES - Where the presence of uncombined water is the only reason
for the failure of an emission to meet the limitation of Section 401 of
these Rules and Regulations, that Section shall not apply. The burden
of proff which establishes the application of this Section shall be upon
the person seeking to come within its provisions.
(50.1) SECTION 404
PARTICIPATE MATTER - A person shall not release or discharge into the
atmoshpere from any source of single source operation particulate matter
in excess of 0.1 grains per cubic foot of gas at standard conditions.
ALLOWABLE RATE OF EMISSION BASED ON
PROCESS WEIGHT RATE
Process Weight
Rate Emission Rate
Lbs./Hr. Lbs/Hr.
50 0.36
100 0.56*
500 1.52*
1,000 . 2.34
5,000 6.34
10,000 9.74*
20,000 14.97*
60,000 29'.57*
80,000 31.23*
120,000 33.33*
160,000 34.90*
200,000. 36.17*
400,000. 40.41*
1,000,000 46.79*
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Interpolation of the data for the process weight rates up to 60,000
Ibs./hr. shall be accomplished by the use of the equation:
E = 3.59 pO.62 p = 30 tons/hr.
(= to or less than)
and interpolation and extrapolation of the data for process weight rates
in excess of 60,000 Ibs./hr. shall be accomplished by use of the equation:
E = 17.31 pO.16 p 30 tons/hr.
(greater than)
Where: E * Emissions in pounds per hour.
P = Process Weight rate in tons per hour.
(51.3) SECTION 406
PROCESS WEIGHT - PORTLAND CEMENT KILNS
Cement kilns, the construction or modification of which is commenced after
August 17, 1971 shall not discharge into the atmosphere particulate matter
in excess to the Environmental Protection Agency Standards of Performance.
(50.2) SECTION 407
SULFUR COMPOUNDS
A person shall not discharge into the atmosphere sulfur compounds, whiich
would exist as a liquid or gas at standard conditions, exceeding in con-
centration at the point of discharge: 0.2 percent by volume calculated
as sulfur dioxide (S02).
(51.9) SECTION 407.1 ,
DISPOSAL OF SOLID OR LIQUID WASTE
(a) A person shall not discharge into the atmosphere from any
incinerator or other equipment used to dispose of combustible
refuse by burning, except as provided in paragraphs (b), (c)
or (d) of this section, particulate matter in excess of 0.10
grain per cubic foot of gas calculated to 12 percent of
carbon dioxide (C02) at standard conditions.
(b) A person shall not discharge into the atmosphere from any
equipment whatsoever, used to process combustible refuse,
except as provided in paragraph (d) of this section, particulate
matter in excess of 0.30 grain per cubic foot of gas calculated
to 12 percent of carbon dioxide (C02) at standard conditions.
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(c) A person shall not discharge into the atmosphere from any
incinerator or other equipment used to dispose of combustible
refuse, except as provided in paragraphs (a), (b) , or (c)
of this section, particulate matter 1n excess of 0.10 pounds
per 100 pounds of combustible refuse charged.
Any carbon dioxide (C02) produced by combustion of any liquid or gaseous
fuels shall be excluded form the calculation to 12 percent of carbon
dioxide
The provisions of this rule shall not apply to incinerators, approved by
the governing fire control agency, used to dispose of residential rubbish
by open burning as permitted by Section 417 of these Rules and Regulations.
(51>5) SECTION 407.2
FUEL BURNING EQUIPMENT - COMBUSTION CONTAMINANTS
A person shall not discharge into the atmosphere combustion contaminants
exceeding in concentration at the point of discharge, 0.1 grain per cubic
foot of gas caluclated to 12 percent of carbon dioxide (C02) at standard
conditions.
(51.5) SECTION 408
(51.6)
(51.7) FUEL BURNING EQUIPMENT
A person shall not build, erect, install or expand any non-mobile fuel
burning equipment unit unless the discharge into the atmosphere of con-
taminants will not and does not exceed any one or more of the following
rates:
1. 200 pounds per hour of sulfur compounds, calculated as sulfur
dioxide ($02);
2. 140 pounds per hour of nitrogen oxides, calculated as nitrogen
dioxide (N02);
3. 10 pounds per hour of combustion contaminants as defined in
Section 102 and derived from the fuel.
For the purpose of this Section, "Fuel Burning Equipment" means any fur-
nace, boiler, apparatus, stack, and all appurtenances thereto, used in the
process of burning fuel for the primary purpose of producing heat or power
by indirect heat transfer. A fuel burning unit shall be comprised of the
minimum number of fuel burning equipment, the simultaneous operations of
which are required for the production of useful heat or power.
0
Fuel burning equipment serving primarily as air pollution control equip-
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ment by using a combustion process to destroy air contaminants shall be
exempt from the provisions of this section.
Nothing. 1n this section shall be construed as preventing the maintenance
or preventing the alteration or modification of an existing fuel burning
equipment unit which will reduce Its mass rate of air contaminant emmissions.
(51.7) SECTION 409
FUEL BURNING EQUIPMENT - OXIDES OF NITROGEN
A person shall not discharge Into the atmoshpere from any nonmobile fuel
burning article, machine, equipment or other contrivance, having a maximum
heat Input rate of more than 1,775 million British Thermal Units (BTU) per
hour (gross), flue gas having a concentration of nitrogen oxides, calculat-
ed as nitrogen dioxide (N02) at 3 percent oxygen, exceeding 125 parts per
million when burning a gas fuel or exceeding 225 parts per million when burn-
ing a liquid or so^lid fuel, effective December 31, 1974. (Revised 8/31/76)
(50.4) SECTION 410
ORGANIC SOLVENTS
(a) A person shall not discharge more than 15 pounds of organic
materials Into the atmosphere 1n any one day from any article,
machine, equipment or other contrivance in which any organic
solvent or nay material containing organic solvent comes into
contact with flame or is baked, heat-cured or heat-polymerized,
in the presence of oxygen, unless all organic materials discharg-
ed from such article, machine, equipment or other contrivance
have been reduced either by at least 85 percent overall or to not
more than 15 pounds in any one day.
(b) A person shall not discharge more than 40 pounds of organic
material into the atmosphere in any one day from any article,
machine, equipment or other contrivance used under conditions
other than described 1n section (a), for employing, applying,
evaporating or drying any photochemically reactive solvent, un-
less all organic materials discharged from such article, machine
equipment, or other contrivance have been reduced either by at
least 85 percent overall or to not more than 40 pounds in any
one day.
(c) Any series of articles, machines, equipment or other contrivances
designed for processing a continuously moving sheet, web, strip,
or wire which is subjected to any combination of operations
described in sections (a) or (b) involving any photochemically
reactive solvent, as defined in section (k), or material con-
taining such solvent, shall be subject to compliance with section
(b). Where only non-photochemically reactive solvents are
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employed or applied, and where any portion or portions of said
series of articles, machines, equipment or other contrivances
Involves operations described 1n section (a), said portions
shall be collectively subject to compliance with section (a).
(d) Emissions of organic materials to the atmosphere from the cleanup
with photochemically reactive solvent, as defined in section
(k), of any article, machine, equipment of other contrivance
described in sections (a), (b) or (c), shall be included with
the other emissions of organic materials from that article,
machine, equipment of other contrivance for determining com-
pliance with this section.
(e) Emissions of organic materials to the atmosphere as a result
of spontaneously continuing drying of products for the first
12 hours after their removal from any article, machine, equip-
ment or other contrivance described 1n sections (a), (b) or
(c), shall be included with other emission of organic materials
from that article, machine, equipment or other contrivance
for determining compliance with this section.
(f) Emissions of organic materials into the atmosphere required
to be controlled by sections (a), (b), or (c), shall be reduced
by:
1. Incineration, provided that 90 percent or more of the carbon
in the organic material being incinerated is oxidized to
carbon dioxide, or
2. Adsorption, or
3. Processing in a manner determined by the air pollution
control officer to be not less effective than (1) or (2)
above.
(g) A person incinerating, adsorbing, or otherwise processing organic
materials pursuant to this section shall provide, properly in-
stall and maintain in calibration, in good working order and in
operation, divices as specified 1n the authority to construct
or the permit to operate, or as specified by the air pollution
control officer, for indicating temperatures, pressures, rates
of flow or other operating conditions necessary to determine
the degree and effectiveness of air pollution control.
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(h) Any person using organic solvents or any materials containing
organic solvents shall supply the air pollution control officer,
upon request and in the manner and form prescribed by him,
written evidence of the chemical composition, physical
properties and amount consumed for each organic solvent used.
(1) The provisions cf this section shall not apply to:
1. The manufacture of organic solvents, or the transport or
storage of organic solvents or materials containing
organic solvents.
2. The use of equipment for which other requirements are
specified by Sections 411, 412, 413 and 414 or which are
exempt from air pollution control requirements by said
sections.
3. The spraying or other employment of insecticides, pesticides
or herbicides.
4, The employment, application, evaporation or drying of
saturated halogenated hydrocarbons or perchloroethylene.
(j) For the purposes of this section, organic solvents include
diluents and thinners and are defined as organic materials which
are liquids at standard conditions and which are used as
dissolvers, viscosity reducers or cleaning agents.
(k) For the purposes of this section, a photochemically reactive
solvent is any solvent with an aggregate of more than 20
percent of its total volume composed of the chemical compounds
classified below or which exceeds any of the following
individual percentage composition limitation, referred to the
total volume of solvent:
1. A combination of hydrocarbons, alcohols, aldehydes, esters,
ethers or ketones having an olefinic or cycloolefinic
type of unsaturation: 5 percent:
2. A combination of aromatic compounds with eight or more
carbon atoms to the molecule except ethyl benzene: 8 percent;
3. A combination of ethyl benzene, ketons having branched
hydrocarbon structures, trlchloroethylene or toluene:
20 percent.
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Whenever any organic solvent or any constituent of any organic solvent
may be classifed from its chemical structure into more than one of the
above groups of organic compounds. It shall be considered as a member
of the most reactive chemical group, that is, that group having the least
allowable percent of the total volume of solvents.
1. For the purpose of this section, organic materials are defined
as chemical compounds of carbon excluding carbon monoxide,
carbon dioxide, carbonic acid, metallic carbides, metallic
carbonates and ammonium carbonate.
(50.4) SECTION 410.1
ARCHITECTURAL COATINGS
(a) A person shall not sell or offer for sale for use in
Tulare County, in containers of one quart capacity or
larger, any architectural coating containing photo-
chemical ly reactive solvents, as defined in Section 410 (k)
(b) A person shall not employ, apply, evaporate or dry in
Tulare County any architectural coating, purchased in
containers of one quart capacity or larger, containing
photochemically reactive solvents, as defined in Section
410 (k)
(c) A person shall not thin or dilute any architectural
coating with photochemically reactive solvents, as defined
in Section 410 (k).
(d) For the purposes of this rule an architectural coating
is defined as a coating used for residential or commercial
buildings and their appurtenances; or industrial buildings.
(50.4) SECTION 410.2
DISPOSAL AND EVAPORATION OF SOLVENTS
A person shall not during any one day dispose of a total or more than l*s
gall sons of any photochemically reactive solvent as defined in 410 (k), or
of any material containing more than }% gallons of any such photochemically
reactive solvent Into the atmosphere.
(51.16) SECTION 411
STORAGE OF PETROLEUM PRODUCTS
A person shall not place, store or hold in any stationary tank, reservoir
or other container of more than 40,000 gallons capacity any gasoline or
any petroleum distillate having a vapor pressure of 1.5 pounds per square
inch or greater under actual storage conditions, unless such tank.
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reservoir or other container 1s a pressure tank maintaining working
pressure tank maintaining working pressures sufficient at all times
to prevent hydrocarbon vapor or gas loss to the atmosphere, or is de-
signed and equipped wtth one of the following vapor loss control devices,
properly Installed, 1n good working order and 1n operation:
(a) A floating roof, consisting of a pontoon type or double-deck
type roof, resting on the surface of the liquid contents and
equipped with a closure seal, or seals, to close the space
between the roof edge and tank wall. The control equipment
provided for in this paragraph shall no be used if the gasoline
or petroleum distillate has a vapor pressure of 11.0 pounds
per square Inch or greater under actual storage conditions.
All tank gauging and sampling 1s taking place.
(b) A vapor recovery system, consisting of a vapor gathering system
capable of collecting the hydrocarbon vapors and gases discharged
and a vapor disposal system capable of processing such hydro-
carbon vapors and gases so as to prevent their emission to the
atmosphere and with all tank gauging arid sampling devices gas-
tight except when gauging or sampling 1s taking place.
(c) Other equipment of equal efficiency, provided such equipment
is submitted to and approved by the air pollution control
officer.
(51.16) SECTION 412
GASOLINE TRANSFER INTO STATIONARY STORAGE CONTAINERS
(a) A person shall not transfer or permit the transfer of gasoline
into any stationary tank container Installed after December 31,
1970, with a capacity of 250 gallons or more from any tank
truck or trailer, except through a permanently submerged
fill pipe, unless such tank is equipped with a vapor loss
control device or is a pressure tank.
The provisions of this section shall not apply to tanks which are used
primarily for fueling of implements of husbandry, as such vehicles are
defined in Division 16 (Section 36000) of the Vehicle Code, and were
installed before June 1, 1974.
(b) A person shall not transfer or permit the transfer of gasoline
from any tank, truck or trailer Into any stationary container
with a capacity of more than 250 gallons unless such container
is equipped with a submerged fill pipe and unless 90 percent
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by volume of the gasoline vapors displaced during the filling of
the stationary container are prevented from being released to
the atmosphere through the following process:
1. The displaced gasoline vapors or gases are processed by a
system that included (1) vapor-tight liquid fill connector,
(2) a vapor-tight vapor return line to the del 1very, vessel
with a cross-sectional area at least 50%.as great as. that
of the gasoline fill line, (3) a tank vent line properly.,
sized and equipped with a vent discharge opening of 0.5
inch diameter or device approved by the Air Pollution
Control Officer which will insure that the vapor return
line is connected before gasoline can be transferred into
the container, and (4) the vapor-laden delivery vessel
being refilled only at facilities equipped with vapor
recovery or disposal systems described 1n Section 413.
2. The displaced gasoline vapor or gases are processed by a
system approved by the Air Pollution Control Officer and
with a minimum recovery efficiency at leasr equivalent to
that of the system described in Section 411 a, b, or c.
(c) The provisions of Section 412 (b) shall not apply to the
following:
1. The transfer of gasoline into stationary storage containers
used for the fueling of implements of husbandry as such
vehicles are defined in Division 16 (Section 36000 et seq.)
of the California Vehicle Code.
2. The transfer of gasoline into any stationary container having
a capacity of 2,000 gallons or less which was installed
prior to July 1, 1975.
3. Gasoline delivery vehicles which exclusively service storage
containers which are exempt from the provisions of this
Section.
4. Loading facilities exempted by Section 413 and gasoline
storage tanks and delivery vehicles served from such loading
facilities. v
(d) A person shall not install any gasoline storage container with a
capacity of more than 250 gallons unless such container is
equipped as described in this section.
(e) For the purpose of this section, the term "gasoline" is defined
as any petroleum distillate having a Reid vapor pressure of
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four pounds or greater.
(f) For the purpose of this section, the term "submerged fill pipe"
is defined as any fill pipe the discharge opening of which is
entirely submerged when the liquid level is six inches above
the bottom of the container. "Submerged fill pipe" when
applied to a container which is loaded from the side is defined
as any pipe the discharge opening of which is entirely submerged
when the liquid level is 18 inches above the bottom of the
container.
(g) Vapor-return and/or vapor recovery susterns used to comply with
the provisions of this rule shall comply with all safety,
fire, weights and measures, and other applicable codes and/
or regulations.
(h) The owner or operator of any stationary container which is
subject to this rule and which is installed on or after July 1,
1975, shall comply with the provisions of this rule at the
time of installation.
(i) If any stationary storage container subject to this rule is
installed or in the process of being installed prior to July
1, 1975, the owner or operator of such container shall comply
with the provisions of this rule by July 1, 1976, and shall
comply with the following schedule:
1. Bv November 1, 1975~Apply for an authority to construct
from the Air Pollution Control Officer for the installation
of the needed control system;
2. By January 1, 1976—Submit to the Air Pollution Control
Office evidence that all necessary contracts for the design,
procurement and installation of the required emission
control system have been negotiated and signed, or evidence
that order for the purchase of component parts necessary
to accomplish the necessary emission controls have been
issued.
3. By March 1, 1976— Initiate on-site construction or install-
ation of emission control equipment;
4. By June 1, 1976—Complete on-site construction or install-
ation of emission control equipment; and
5. By July 1, 1976—Secure the Air Pollution Control Officer's
approval of all equipment and a permit to operate.
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(51.16) SECTION 412.1
TRANSFER OF GASOLINE INTO VEHICLE FUEL TANKS
(a) A person shall not transfer gasoline or permit the transfer
of gasoline into any motor vehicle fuel tank of greater than
five gallons capacity unless the transfer is made through
a fill nozzle designed to:
1. Prevent the discharge of hydrocarbon vapors to the atmosphere
from either the vehicle filler neck or dispensing nozzle;
2. Direct vapor displaced from the automotive fuel tank to
a system wherein at least 90% by volume of the organic
compounds in displaced vapors are recovered; and
3. Prevent automotive fuel tank overfills or spillage on
fill nozzle disconnect.
(b) If it is demonstrated that it is impractical to comply with
the provisions of this rule as a result of vehicle fill neck
configuration, location or other design features for vehicles
in existence or in production on July 1, 1976, the Air Pollution
Control Officer may find and order that the provisions of
this rule shall not apply during the filling of such vehicles.
In no case, however, shall such configuration exempt any gasoline
dispensing facility from installing and using, in the most eff-
ective manner practicable, control equipment required by this
rule.
(c) The provisions of Section 412.1 shall not apply to the following:
1. The fueling of implements of husbandry, as such vehicles
are defined in Division 16 (Section 36000 et. seq.)
of the Vehicle Code;
2. The transfer of gasoline from any stationary storage container
having a capacity of 2,000 gallons or less which was installed
prior to July 1, 1975; or
3. The transfer of gasoline from any stationary storage
container of a capacity of 250 gallons or less;
4. The transfer of gasoline from any stationary storage
container served from loading facilities exempted by Section
413.
(d) For the purpose of this rule the term "gasoline" is defined
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as an petroleum distillate having a Reid vapor pressure of
four pounds or greater.
(e) Gasoline dispensing eqiupment used to comply with the provisions
this section shall comply with all applicable safety, fire,
weights and measures and other applicable codes and/or
regulations.
(f) Any gasoline dispensing system to the provisions of
Section 412.1 Installed on or after July 1, 1975, shall comply
with the provisions of this section at the time of installation.
(g) Any gasoline dispensing system subject to the provisions of
Section 412.1, installed or in the process of being installed
prior to July 1, 1975 shall comply with the provisions of this
section by May 3, 1977 and the owner or operator of such system
shall comply with the following schedule:
1. By November 1, 1975— Apply for an authority to construct
from the Air Pollution Control Officer for the installation
of the needed control system.
2. By January 1, 1976— Submit to the Air Pollution Control
Officer evidence that all necessary contracts for the de-
sign, procurement, and installation of the required emissions
control systems have been negotiated and signed, or evidence
that orders for the purchase of component parts necessary
to accomplish the necessary emissions control have been
issued;
3. By March 1, 1976— Initiate on-site construction or in-
stallation of emission control equipment;
4. By May 1, 1977— Complete on-site construction or installa-
tion by emission control equipment; and
5. By May 31, 1977— Secure the Air Pollution Control Officer's
approval of all equipment and a permit to operate.
(51.16) SECTION 413
ORGANIC LIQUID LOADING
A person shall not load organic liquids having a vapor pressure of 1.5
psia or greater under actual loading conditions into any tank truck, trailer,
or railroad tank car from any loading facility unless the loading facili-
ty is eaclipped with a vapor collection and disposal system or its equiva-
lent approved by the Air Pollution Control Officer. Loading shall be
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accomplished In such a manner that all displaced vapor and air will be
vented only to the vapor collection system. Measures shall be taken
to prevent liquid drainage from the loading device when it is not in
use or to accomplish complete drainage before the loading device is dis-
connected. The vapor disposal portion of the vapor collection and dis-
posal system shall consist of one of the following:
(a) An absorber system or condensation system which processes all
vapors and recovers at least 90 percent by weight of the
organic vapors and gases from the equipment being controlled.
(b) A vapor handling system which directs all vapors to a fuel
gas system.
(c) Other equipment of an efficiency equal to or greater than
(a) or (b) if approved by the Air Pollution Control Officer.
This section shall apply only to the loading of organic liquids having
a vapor pressure of 1.6 psia or greater under actual loading condition
at a facility from which at least 20.000 gallons of such organic liquids
are loaded in any one day.
"Loading facility", for the purpose of this section, shall mean any
aggregation or combination of organic liquid loading equipment which is
both (1) possessed by one person, and (2) located so that all the
organic liquid loading outlets for such aggregation or combination of
loading equipment can be encompassed within any circle of 300 feet in
diameter.
(51.16) SECTION 414
EFFLUENT OIL WATER SEPARATORS
A person shall not use any compartment of any vessel or device operate
for recovery of oil from effluent water which recovers 200 gallons a
day or more of any petroleum products from any equipment which processes,
refines, stores, or handles hydrocarbons with a Reid vapor pressure of
0.5 pound or greater, unless such compartment is equipped with one of the
following vapor loss control devices, except when gauging or sampling
is taking place:
(a) A solid cover with all openings sealed and totally enclosing
the liquid contents of that compartment.
(b) A floating pontoon or double-deck type cover, equipped with
closure seals, to enclose any space between the cover's edge
and compartment wall.
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(c) A vapor recovery system which reduces the emission of all
hydrocarbon vapors and gases into the atmosphere by at least
90 percent by weight.
(d) Other equipment of an efficiency equal to or greater than a,
b, or c, if approved by the Air Pollution Control Officer.
This section shall not apply to any oil-effluent water separator used
exclusively in conjunction with the production of crude oil, if the
water fraction of the oil-water effluent entering the separator contains
less than 5 parts per million hydrogen sulfide, organic sulfides, or
a combination thereof.
(51.21) SECTION 415
REDUCTION OF ANIMAL MATTER
A person shall not operate or use any article, machine, equipment or
other contrivance for the reduction of animal matter unless all gases,
vapors and gas-entrained effluents from such an article, machine, equip-
ment or other contrivance are:
(a) Incinerated at temperatures of not less than 1200 degrees
Fahrenheit for a period of not less than 0.3 seconds, or
(b) Processed in such a manner determined by the Air Pollution
Control Officer to be equally, or more, effective for the
purpose of air pollution control than (a) above.
A person incinerating or processing gases, vapors or gas-entrained
effluents pursuant to this section shall provide, properly install
and maintain in calibration, in good working order and in operation de-
vices as specified in the Authority to Construct or Permit to Operate or
as specified by the Air Pollution Control Officer, for indicationg tem-
perature, pressure or other operating conditions.
For the purpose of this section, "reduction is defined as any heated
process including rendering, cooking, drying, dehydration, digesting,
evaporating and protein concentrating.
The provision of this section shall not apply to any article, machine,
equipment or other contrivance used exclusively for the processing of
food for human consumption.
(51.13) SECTION 416
OPEN BURNING
No person shall burn any refuse or other material in an open outdoor fire
within the boundaries of the Tulare County Air Pollution Control District.
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(2.0) SECTION 417
EXCEPTIONS
The exceptions are as follows:
(a) When such fire is set or permission for such fire is given in
the performance of the official duty of any public officer,
and such fire in the opinion of such officer is necessary
for the purpose of the prevention of a fire hazard which
cannot be abated by any other means, or for the instruction
of public or industrial employees in the methods of fire
fighting.
(b) Safety flares for the combustion of waste gases.
(c) Fires used only for cooking of food for human beings.
(d) When the material to be burned is residential rubbish and
originates on and is being burned on a premises located in
a sparcely populated area of the county. Definition: A
sparcely populated area is one in which there are 100 or fewer
persons per square mile, or there are 28 or less houses
in a square mile.
(e) Backfires or other fire control methods used for the purpose
' of controlling an existing wild fire.
(f) These exceptions shall not apply to any industrial, commercial or
institutional facility wherever located, or to a residential
facility constructed for the use of more than 2 families.
(g) Burning right of way clearing, levee and ditch bank maintenance,
or open burning at dumps by a public entity or utility when
a permit is obtained from the Control District. This exception
shall be subject to all the provisions of Section 417.1.
(h) The Air Pollution Control Officer may upon his own motion or
the request of any person authorize the burning of wood waste
from trees, vines or bushes on property being developed for
commercial or residential purposes, or the disposal by burning
of brush cuttings on the property where the brush was grown
when the cuttings resulted from brush clearance done in
compliance with local ordinances to reduce f1re hazard, provided
the following conditions have been met:
1. The Air Pollution Control Officer must find that it is
more desirable to dispose of the waste by burning than to
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dispose of it by other available means. Such finding shall
take Into account the amount of waste to be burned, the
season of the year, the ambient air quality, the proximity
of the waste to developed areas, and whether a public
nuisance will be created by the proposed bum.
2. Only material grown on the property may be burned.
Material may not be imported from another site nor may
construction debris or refuse be burned under this
exception.
3. The prohibitions pertaining to agricultural burning set
forth in Section 417.1 (b), must be complied with.
4. The A1r Pollution Control Officer may not issue a permit
to burn on a no burn day as designated by the Air
Resources Board.
5. Only the amount of material that can be expected to burn
during daylight hours may be burned in any one day. The
Air Pollution Control Officer may not issue a permit to
allow burning before sunup nor after sunset.
. 6. Burning under this section shall be by written permit
issued by the Air Pollution Control Officer as well as
a permit from the designated fire agency, and shall not
be permitted when the wind direction is toward a populated
area.
7. No permit may be granted pursuant to this section after
January 1, 1977, or such earlier date as the Air Resources
Board may determine, based upon a finding that an alternative
method of disposal has been developed which is techno-
logically and economically feasible.
(i) Conducting agricultural operations in the growing of crops
or the raising of fowl, animals, or bees providing the conditions of
Section 417.1 are met.
(51.13) SECTION 417.1
AGRICULTURAL BURNING
(a) GENERAL DEFINITIONS
1. "Agricultural burning" means:
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A. Open outdoor fires used in agricultural operations in
the growing of crops or the raising of fowl or animals,
or open outdoor fires used in forest management, range
improvement or the improvement of land for wildlife
or game habitat, or disease or pest prevention.
B. Open outdoor fires used in the operation or maintenance
of a system for the delivery of water for the purpose
specified in Part (A) of this definition. Section
41807 of the California Health and Safety Code shall not
apply to such burning.
2. "Open burning in agricultural operations in the growing
of crops or raising of fowl or animals" means:
A. The burning in the open of materials produced wholly
from operations in the growing and harvesting of crops
or raising of fowl or animals for the primary purpose
of making a profit, of providing a livelihood, or of
conducting agricultural research or instruction by an
educational institution; and
B. In connection with operations qualifying under Sub-
division A: .
(1) This also includes, for the purpose of cultural
practice burns, the burning of fence rows and
ditch banks for weed control and weed abatement,
and burning in nontillage orchard operations.
(2) The burning of material not produced wholly from such
operations, but which are intimately related to the
growing or harvesting of crops and which are used
in the field, except as prohibited by district
regulations. Examples are trays for drying raisins,
and pesticide and fertilizer sacks which are emptied
in the field.
3. "Range improvement burning" means the use of open forest to
remove vegetation for a wildlife, game or livestock habitat
or for the initial establishment of an agricultural practice
on previously uncultivated land.
4. "Forest management burning" means the use of open fires,
as part of a forest management practice, to remove forest
debris. Forest management practices include timber opera-
tions, silviculture! practices or forest protection
practices.
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5. "Brush treated" means that the material to be burned has
been felled, crushed or uprooted with mechanical equipment,
or has been desicated with herbicides.
6. "Timber operations" means cutting or removal of timber
or other forest vegetation for the purpose of producing
commercial forest products.
7. "Silvicultural" means the establishment, development, care
and reproduction of stands of timber.
8.- "Board" means the State Air Resources Board, or any person
authorized to act on its behalf.
9. "Designated agency" means any agency designated by the Board
as having authority to issue agricultural burning permits.
The U.S. Forest Service and the California Division of
Forestry are so designated within their respective areas
of jurisdiction.
10. A "No-Burn" day means any day on which agricultural burning
is prohibited by the Board.
11. A "permissive burn" day means any day on which agricultural
burning is not prohibited by the Board.
12. "District" means the Tulare County Air Pollution Control
District.
13. "Approved ignition devices" includes those instruments or
materials that will ignite agricultural waste without the
production of black smoke by the ignition device. This
would include such items as liquid petroleum gas, butane,
propane, or diesel oil burners and flares, but does not
include the use of tires, tar paper, oil, and other
similar materials.
(b) PROHIBITIONS - GENERAL
1. No person shall knowingly set or permit agricultural
burning unless he has a valid permit from the fire control
agency designated by the local Air Pollution Control
Board to issue such permits in the area where.the agricultural
burn will take place.
A. Each fire control agency so designated by the Board
shall issue agricultural burning permits subject to
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the Rules and Regulations of the Board and of the Tulare
County Air Pollution Control District. The fire control
agency designated by the Board having jurisdiction over
the site of the agricultural burn and the air pollution
control district shall enforce these regulations.
2. A permit shall not be issued to an applicant unless inform-
ation .is provided as required by the designated fire
protection agency for fire protection purposes.
3. A permit shall not be issued to an applicant unless inform-
ation is provided as required by the Air Pollution
Control District.
4. No burn shall be conducted unless a notice of intent is
given by the permittee to the fire control agency having
jurisdiction over the site of the proposed burn.
5. A permit shall not be valid for any day during a period
in which agricultural burning is prohibited by the Board.
6. A permit shall not be valid for any day in which burning
is prohibited by the designated fire control agency having
jurisdication over the site of the burn for the purposes
of fire control or prevention.
7. No material shall be burned unless it is free of tires,
rubbish, tar paper, construction debris, used pesticide
containers (except sacks) and any material that is not
produced in any agricultural operation.
8. Material stacked for burning shall not be burned unless
it is loosely stacked in such a manner as to promote
drying and insure combustion with a minimum of smoke
production.
9. Agricultural wastes shall not be burned unless it is
free of excessive dirt, soil and visible surface moisture.
10. No material to be burned shall be ignited with an unapproved
ignition device.
11. Material shall not be burned unless it has been allowed to
dry for the following minimum time periods:
A. Open burning in agriucltural operations
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(1) R1ce Stubble: 4 days following harvest
(2) Dry Cereals: Q days
(3) Primings and Small 3 weeks
Branches:
(4) Large Branches and 6 weeks
Trees
B. Range Improvement burning
(1) Treated Brush and Unwanted Trees: as required by
the designated agency Issuing the permit.
C. Forest management burning
(1) As required by designated agency issuing the permit.
12. No material shall be burned except during daylight hours,
and all burning shall be terminated by sunset of each
day. No material shall be added to an existing fire after
two hours prior to sunset, (unless an exception has been
granted).
13. No agricultural burning shall be permitted which will
create a nuisance as defined in Section 24243 of the
California State Health and Safety Code.
14. All burning shall be Ignited as rapidly as practicable
within applicable fire control restrictions.
15. The Air Pollution Control Officer may restrict agricultural
burning to selected permittees on designated Burn Days if
the total tonnage to be ignited would discharge a volume
of contaminants into the atmosphere sufficient to cause
adverse conditions.
(c) PROHIBITIONS — RANGE IMPROVEMENT BURNING
1. Between January 1 and May 31, range improvement burning may
be conducted by permit on a No-Burn Day, providing that
more than 50 percent of the land has been brush treated.
Notwithstanding the provision in Subdivision 1 of this
Section, the Board may prohibit range improvement burning
during the period designated by the district if in the
opinion of the Board, such prohibition is required for
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the maintenance of suitable air quality.
2. If the burning 'is to be done primarily for improvement of
land for wildlife and game habitat, no permit shall be
issued unless the applicant has filed with the district
a statement from the Department of Fish and Game certifying
that the bum is desirable and proper.
3. No burning shall be conducted unless brush has been treated
and unwanted trees felled whenever it is economically and
technically feasible to do so, and drying times as
specified in b., 11 B (Section 417.1) shall be adhered
to.
(d) PROHIBITIONS — FOREST MANAGEMENT BURNING
1. Unless good silvicultural practice dictates otherwise,
material shall not be burned until it has been windrowed
or piled where possible.
(e) EXCEPTIONS
1. Exception to paragraph (A) Section II-E andJJ-K. The
Air Pollution Control Officer may grant an exception to allov
burning on a Non-Burn Day so designated by the Board, and
in certain situations to allow burning to continue past
sunset of each day.
The granting of an exception does not exempt the applicant
from any other district or fire control regulation. The
applicant shall submit in writing, on the form provided,
his reasons for the exception. The Air Pollution Control
Officer may seek the advice of the County Agricultural
Commissioner, the County Farm Advisor, or other informed
sources.
2. Agricultural burning at 4,000 feet or more above sea level
is exempt from Paragraph (B) Section II-E
3. Empty sacks which contain pesticides or other toxic
substances, may be burned on a No-Burn Day providing
the sacks are within the definition of "open burning in
agricultural operations in the growing of crops or raising
of fowls or animals."
(f) PENALTY
1. A violation of the provisions of these Rules and Regulations
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is a misdemeanor punishable by imprisonment in the
county jail not exceeding six (6) months or by fine not
exceeding five hundred dollars ($500), or both, and the
cost of putting out the fire. Every day during any portion
of which such violation occurs constitutes a separate
offense.
(51.9) SECTION 418
INCINERATOR BURNING
A person shall not burn in any incinerator within the County Air Pollu-
tion Control District except in a multiple chamber incinerator as de-
scribed in Section 102, or in equipment found by the Air Pollution Control
Officer to be equally effective for the purpose of air pollution control
as an approved multiple-chamber incinerator. The incineration of resi-
dential rubbish as permitted in Section 417d shall be conducted in accor-
dance with the Uniform Fire Code.
(50.7) SECTION 419
NUISANCE
A person shall not discharge from any source whatsoever such quantities of
air contaminants or other material which cause Injury, detriment, nuisance
or annoyance to any considerable number of persons or to the public or
which endanger the comfort, repose, health or safety of any such person
or the public or which cause or have a natural tendency to cause injury
or damage to business or property.
(2.0) SECTION 420
EXCEPTION
The provisions of Section 419 do not apply to odors emanating from agri-
cultural operations in the growing of crops or raising of fowl or animals.
(51.1) SECTION 421
ORCHARD HEATERS -
(a) DEFINITION - "Orchard Heater" means any article, machine,
equipment, or other contrivance burning any type of fuel,
or charcoal briquettes or similar substances burned by an
open flame, capable of being used for the purpose of giving
protection from frost damage. For the purpose of this section,
"orchard heater" shall include heaters used for frost protection
for orchards, vineyards, field crops and truck crops. The
contrivance commonly known as a wind machine is not included.
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(b) No new orchard heater produced or manufactured shall be sold
for use against frost damage after January 1, 1971, unless it
has been approved by the State Air Resources Board.
(c) No person shall use any orchard heater after January 1, 1973,
unless it has been approved by the State Air Resources Board
or does not produce more than one gram per minute of unconsumed
solid carbonaceous material.
(d) It shall be unlawful to sell, or offer to sell, for frost
protection any orchard heater which does not comply with
Section 421(c) of these Rules and Regulations.
(e) All orchard heaters shall be maintained in reasonably clean
condition, good repair and working order. Whenever orchard
heaters are burning, they must be adequately attended and
supervised to maintain the condition, adjustment and proper
operation of the orchard heaters.
(f) . it shall be unlawful for any person, for the purpose of frost
protection, to burn any rubber, rubber tires, or other substance
containing rubber or to burn oil or other combustible substances
in drums, pails or other containers except orchard heaters.
REGULATION V
PROCEDURE BEFORE THE HEARING BOARD
(2.0) SECTION 501
APPLICABLE ARTICLES OF THE HEALTH AND SAFETY CODE
The provisions of Article 5 and Article 6, Chapter 2, Division 20 of the
State of California Health and SafetyCode, respectively entitled
Variances and Procedure.
(2.0) SECTION 502
GENERAL
This regulation shall apply to all hearings before the Hearing Board of
the Air Pollution Control District.
(2.0) SECTION 503
FILING PETITIONS
Request for hearing shall be initiated by the filing of a petition in
triplicate with the clerk of the hearing board, and the payment of the
fee of $50.00 provided for in Section 305 of these Rules and Regulations,
after service of a copy of the petition has been made on the air pollution
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control officer and one copy of 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 acknowledgment of the person served or by the
affidavit of the person making the service.
(2.0) SECTION 504
INTENTS OF PETITIONS
'ery petition shall state:
(a) The name, address and telephone number of the petitioner, or
other person authorized to receive of notices.
(b) Whether the petitioner is an individual, co-partner,
corporation or other entity, and names and addresses of the
partners if a co-partnership, names and addresses of the
officers, 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) A brief description of the article, machine, equipment or
other contrivance, if any, involved in the application.
(e) The section or rule under which the petition is filed; that is,
whether petitioner desires a hearing:
1. To determine whether a permit shall be revoked or 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 or permit to operate under Section 201 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 Section under which permit was granted, the Rule or Section
which is alleged to have been violated, together with a brief
statement of the facts constituting such alleged violation.
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(h) Petitions for reinstatement of suspended permits shall allege
in addtion the section under which the permit was granted,
the request and alleged refusal which formed the basis for such
suspension, together with a brief statement as to why information
requested, if any, was not furnished, whether such information
is believed by petitioner to be pertinent, and if so, when it
will be furnished.
(i) All petitions shall be typewritten, double spaced, on legal
or letter size paper, on one side of the paper only, leaving
a margin of a least one inch at the top and left side of each
sheet.
(5.0) SECTION 505
PETITIONS FOR VARIANCES
In addition to the matters required by Section 504, petitions for variance
state briefly:
(a) The section, rule or order complained of.
(b) The facts showing why compliance with the section, rule, or
order is unreasonable.
(c) For what period of time the variance is sought and why.
Include a compliance schedule which shows the sates when the
following milestones will be or were completed:
1. Submission of final control plans,
2. Issuance of contracts or purchase orders for the process
and control equipment,
3. Initiation of on-site construction of process or control
equipment,
4. Completion of process and control equipment and
5. Final compliance
(d) The damage or harm resulting or which would result to petitioner
from a compliance with such section, rule or order.
(e) The requirements which petitioner can meet and the date when
petitioner can comply with such requirements.
(f) The advantages and disadvantages to the residents of the
district resulting from requiring compliance or resulting from
granting a variance.
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(g) Whether or not operations under such variance, if granted,
would constitute a nuisance.
(h) Whether or not any case Involving the same identical equipment
or process is pending in any court, civil or criminal.
(i) Whether or not the subject equipment or process is covered by
a permit to operate issued by the air pollution control officer.
(2.0) SECTION 506
APPEAL FROM DENIAL
A petition to review a denial or conditional approval of a permit shall,
in addition to the matters required by Section 504, set forth a summary
of the application or a copy thereof and the alleged reasons for the
denial or conditional approval and the reasons for appeal.
(2.0) SECTION 507
FAILURE TO COMPLY WITH RULES
The clerk of the hearing board shall not accept for filing any petition
which does not comply with these rules relating to the form, filing and
service of petitions unless the chairman or any two members of the hearing
board direct otherwise and confirm such direction in writing. Such direc-
tion need not be made at a meeting of the hearing board. The chairman or
any two members, without a meeting, may require the petitioner to state
further facts or reframe a petition so as to disclose clearly the issues
involved.
(2.0) SECTION 508
ANSWERS .
Any person may file an answer within 10 days after service. All answers
shall be served the same as petitions under section 503.
(2.0) SECTION 509
DISMISSAL OF PETITION
The petitioner may dismiss his petition at any time before submission
of the case to the hearing board, without a hearing or meeting of the
hearing board. The clerk of the hearing board shall notify all interested
persons of such dismissal.
(16.0) SECTION 510
PLACE OF HEARING
All hearings shall be held at a place designed by the hearing board.
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(16.0) SECTION 511
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, or 24299, Health and Safety Code.
(2.0) SECTION 512
EVIDENCE
(a) Oral evidence shall be taken only on oath or affirmation.
(b) Each party shall have these rights:
to ca]1 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 respon-
sible 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 objection 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 sup-
port a finding unless it would be admissable over objection
in civil actions. The rules of privilege shall be effective
to the same extent that they are now or hereafter may be recog-
nized in civil actions and irrelevent and unduly repetitious
evidence shall be excluded.
(2.0) SECTION 513
PRELIMINARY MATTERS
Prelimianary matters such as setting a date for hearing, granting con-
tinuances, approving petitions for filing, allowing amendments and other
preliminary rulings not determinative of the merits of the case may be
made by the chairman or any two members of the hearing board without a
hearing or meeting of the hearing board and without notice.
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(2.0) SECTION 514
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) SECTION 515
CONTINUANCES
The chairman or any two members of the hearing board shall grant any
continuance of 30 days or less, concurred In by petitioner, the air
pollution control officer and by every person who has filed an answer in
the action and may grant any reasonable continuance; in either case such
action may be ex parte, without a meeting of the hearing board and with-
out prior notice.
(2.0) SECTION 5J6
DECISION
The decision shall be 1n writing, served and filed within 15 days after
submission of the cause by the parties thereto and shall contain a brief
statement of facts found to be true, the determination of the issues pre-
sented and the order of the hearing board. A copy shall be mailed or de-
livered to the air pollution control officer, the petitioner and to every
person who has filed an answer or who has appeared a a party in person
or by counsel at the hearing.
(2.0) SECTION 517
EFFECTIVE DATE OF DECISION
The decision shall become effective 15 days after delivering or mailing
a copy of the decision, as provided in rule or the hearing board may order
that the decision shall become effective sooner.
(3.0) SECTION 518
LACK OF PERMIT
The hearing board shall not receive or accept a petition for a variance
for the operation or use of any equipment until a permit has been granted
or denied by the air pollution control officer; except that an appeal from
a denial or a permit and a petition for a variance may be filed with the
hearing board in a single petition. A varinace granted by the hearing
board after a denial of a permit by the air pollution control officer may
include a permit for the duration of the variance.
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