U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-296 701
Air Pollution Regulations in State
Implementation Plans: California,
Tuolumne 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
EPA-460/3-78-054U4
August 1978
Air
SERA
Air Pollution Regulations
in State Implementation
Plans:
County
REPRODUCED BY
NATIONAL TECHNICAL
INFORMATION SERVICE
U. S. DEPARTMENT OF COMMERCE
SPRINGFIELD. VA. 22161
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TECHNICAL REPORT DATA
(Please read lattntctions on the reverse before completing)
1. REPOT NO.
EPA-450/3-78-0S4-44<
3. REOfl BAIT'S ACCESSI
Ofl BAIT'
Pb
4, TITLE AND SUBTITLE
Air Pollution Regulations in State Implementation i
Plans: California Tuolumne County
B. REPORT DATE
August 1978
B. PERFORMING ORGANIZATION CODE
7. AUTHOR(S)
B. PERFORMING ORGANIZATION REPORT NO
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Wai den Division of Abcor, Inc.
Wilmington, Mass.
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT NO.
68-02-2890
12. SPONSORING AGENCY NAME AND ADDRESS
13. TYPE OF REPORT AND PERIOD COVERED
Control Programs Development Division
Office of Air Quality Planning and Standards
Office of Air, Noise, and Radiation
Research Triangle Park, NC 27711
14. SPONSORING AGENCY CODE
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
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.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
b.IDENTIFIERS/OPEN ENDED TERMS C. COSATI Field/Group
Air pollution
Federal Regulations
Pollution
State Implementation Plans
8. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
19. SECURITY CLASS (Thit Report)
Unclassified
21.
20. SECURITY CLASS (Thil page)
Unclassified
22. PRICE
A 1521
EPA F%*m 2220-1 (9-73)
" '''?$.'<'. .
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EPA-460/3-78^054-44
Air Pollution Regulations
in State Implementation Plans
f f_ ___ ti
California
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
10"
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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-450/3-78-054-44
ii
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INTRODUCTION
This document has been produced in compliance with Section 110(h)(l)
of the Clean Air Act Amendments of 1977. The Federally enforceable
regulations contained in the State Implementation Plans (SIPs) have been
compiled for all 56 States and territories (with the exception of the
Northern Mariana Islands). They consist of both the Federally approved
State and/or local air quality regulations as indicated in the Federal
Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of
the above categories as of January 1, 1978, have been incorporated. As
mandated by Congress, this document will be updated annually. State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.
There have been recent changes in the Federal enforceability of
parking management regulations and indirect source regulations. The
October, 1977, appropriation bill for EPA prohibited Federal enforcement
of parking management regulations in the absence of specific Federal
authorizing legislation. Federally promulgated parking management
regulations have, therefore, been suspended indefinitely. Pursuant to
the 1977 Clean Air Act Amendments, indirect source regulations may not
be required for the approval of a given SIP. Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted indirect source regulations Contained in an applicable SIP
are Federally enforceable. More importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded, operated, or owned facilities or projects. Therefore, the
Federally promulgated indirect source regulations appearing in this
document are not enforceable by EPA except as they relate to Federal
facilities.
Since State air quality regulations vary widely in their organization,
content, and language, a standardized subject index is utilized in this
document. Index listings consist of both contaminant and activity oriented
categories to facilitate usage. For example, for regulations which apply
to copper smelters, one might look under sulfur compounds (50.2), particu-
late matter process weight (50.1.1), or copper smelters (51.15). Federal
regulations pertaining to a given State immediately follow the approved
State and local regulations.
Additionally, a summary sheet of the information included in each
comprehensive document is presented prior to the regulatory text to
allow one to quickly assess the contents of the document. Specifically,
the summary sheets contain the date of submittal to EPA of each revision
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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SUMMARY SHEET
OF
EPA-APPROVED REGULATION CHANGES
TUOLUMNE COUNTY APCD
Submittal Date
6/30/72
Approval Date
9/22/72
7/22/75
8/22/77
Description
All Regs unless
otherwise specified.
Note: changes in
numbering, some dis-
placed Regs contained
at end of package
Note: Rules 201-213
still in effect for
"Permit Regulations."
Rules 102, 201, 202,
203 (a-f, h, i, k),
204-216, 301-303,
305-306, 308-313,
315-323, 400-403,
405-408, 409, 600-618;
Rules 103-110, 301-304,
409, 410, 412 no
longer in effect.
Note; Rule 207, 209
are disapproved.
Note: For Federal
enforcement purposes
Rule 404, 407(b),
408, 413 and 414 remain
in effect (as of 6/30/72)
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DOCUMENTATION OF CURRENT EPA-APPROVED
STATE AIR POLLUTION REGULATIONS
REVISED STANDARD SUBJECT INDEX
1.0 DEFINITIONS
2.0 GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES
3.0 REGISTRATION CERTIFICATES. OPERATING PERMITS AND APPLICATIONS
4.0 AIR QUALITY STANDARDS (PRIMARY AND SECONDARY)
4.1 PARTICULATES
4.2 SULFUR DIOXIDE
4.3 NITRIC OXIDES
4.4 HYDROCARBONS
4.5 CARBON MONOXIDE
4.6 OXIDANTS
4.7 OTHERS
5.0 VARIANCES
6.0 COMPLIANCE SCHEDULES
7.0 EQUIPMENT MALFUNCTION AND MAINTENANCE
8.0 EMERGENCY EPISODES
9.0 AIR QUALITY SURVEILLANCE AND SOURCE TESTING
10.0 NEW SOURCE PERFORMANCE STANDARDS
11.0 NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS
12.0 MOTOR VEHICLE EMISSIONS AND CONTROLS
13.0 RECORD KEEPING AND REPORTING
14.0 PUBLIC AVAILABILITY OF DATA
15.0 LEGAL AUTHORITY AND ENFORCEMENT
16.0 HEARINGS, COMPLAINTS, AND INVESTIGATIONS
17.0 PREVENTION OF SIGNIFICANT DETERIORATION
18.0 AIR QUALITY MAINTENANCE AREA
19.0 - 49.0
RESERVED FOR FUTURE EXPANSION OF COMMON INDEX
50.0 POLLUTANT - SPECIFIC REGULATIONS
50.1 PARTICULATES
50.1.1 PROCESS WEIGHT
50.1.2 VISIBLE EMISSIONS
50:1.3 GENERAL
VI
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50.2 SULFUR COMPOUNDS
50.3 NITRIC OXIDES
50.4 HYDROCARBONS
50.5 CARBON MONOXIDE
50.6 ODOROUS POLLUTANTS
50.7 OTHERS (Pb, Hg, etc.)
51.0 SOURCE CATEGORY SPECIFIC REGULATIONS
51.1 AGRICULTURAL PROCESSES (Includes Grain Handling, Orchard Heaters,
R1ce and Soybean Facilities, Related Topics)
51.2 COAL OPERATIONS (Includes Cleaning, Preparation, Coal Refuse
Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
51.3 CONSTRUCTION (Includes Cement Plants, Materials Handling, Topics
Related to Construction Industry)
51.4 FERROUS FOUNDRIES (Includes Blast Furnaces, Related Topics)
51.5 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Partlculates
(includes Fuel Content and Other Related Topics)
51.6 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (includes
Fuel Content and Other Related Topics)
51.7 FUEL BURNING EQUIPMENT (oil, natural gas, coal) - N02 (includes
Fuel Content and Other Related Topics)
51.8 HOT MIX ASPHALT PLANTS
51.9 INCINERATION
51.10 NITRIC ACID PLANTS
51.11 NON-FERROUS SMELTERS (Zn, Cu, etc.) - Sulfur Dioxide 0
51.12 NUCLEAR ENERGY FACILITIES (Includes Related Topic)
51.13 OPEN BURNING (Includes Forest Management, Forest Fire, F1re
Fighting Practice, Agricultural Burning and Related Topics)
51.14 PAPER PULP; WOOD PULP AND KRAFT MILLS (includes Related Topics)
51.15 PETROLEUM REFINERIES
51.16 PETROLEUM STORAGE (Includes Loading, Unloading, Handling and
Related Topics)
51.17 SECONDARY METAL OPERATIONS (includes Aluminum, Steel and Related
Topics)
51.18 SULFURIC ACID PLANTS
51.19 SULFURIC RECOVERY OPERATIONS
51.20 WOOD WASTE BURNERS
51.21 MISCELLANEOUS TOPICS
vii
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TABLE OF CONTENTS
TUOLUMNE COUNTY REGULATIONS,
Revised Standard
Subject Index
(2.0)
(1.0)
(2.0)
(50.1.2)
(2.0)
(50.1.2)
(50.7
(51.9)
(51.1
(50.2)
(50.1.1)
(50.1.1)
(51.16)
(51.21)
(15.0)
(2.0)
(51.13)
Reg. -Rule
Number
Reg I
Rule 101
102
Reg II
Rule 201
202
203
204
205,
206
208
210
211
212
213
214
215
216
Reg III
Rule 301
Title
Definitions
Title
Definitions
Prohibitions
District-Wide Coverage
Visible Emissions
Exceptions
Net Plumes
Nuisance
Incinerator Burning
Orchard or Citrus Heaters
Sulfur Emissions
Process Weight Per Hour
Process Weight Table
Storage of Petroleum Products
Reduction of Animal Matter
Enforcement
Existing Sources
Open Burning
Open Outdoor Fires
Page
1
1
1
7
7
7
7
8
8
8
9
9
9
10
10
11
11
12
13
13
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(51.13)
(51.13)
(15.0) (51.13)
(15.0) (51.13)
Reg.
-Rule
Number
Reg
302
303
305
306
308
309
310
311
312
313
315
316
317
318
319
320
321
322
323
IV
Title
Exception to Rule 301
Burning Permits
Permit Validity
No-Burn Days
Burning Reports
Amount Burned Dally
Approved Ignition Devices
Restricted Burning Days
Wind Direction
Minimum Drying Time's
Preparation of Material to be
Burned
Burning of Agricultural
Waste
Range Improvement Burning
Forest Management Burning
Open Burning of Wood Waste on
Property Where Grown
Right-of-Way Clearing and Levee,
Ditch and Reservoir Maintenance
Burning
Hazard Reduction Burning
Enforcement Responsibility
Penal ty
Permit Systems Conditions
Page
13
14
15
15
15
15
15
16
16
16
16
16
17
17
17
18
18
19
19
21
ix.
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Revised Standard Reg. -Rule
Subject Index Number Title Page
(2.0) Rule 401 Responsibility 21
(9.0) 402 Authority to Inspect 21
(3.0) 403 Responsibility of Permittee 21
(2.0) 405 Separation of Emissions 22
(2.0) 406 Combination of Emissions 22
(2.0) 407 Circumvention 22
(13.0) 408 Source Recordkeeping and 23
Reporting
(13.0) 409 Public Records 23
Reg VI Procedure Before the Hearing 25
Board
(2.0) Rule 600 Applicable Articles of the 25
Health and Safety Code
(2.0) 601 General 25
(2.0) 602 Filing Petitions 25
(2.0) 603 Contents of Petitions 25
(5.0) 604 Petitions for Variances 27
(2.0) 605 Appeal from Denial 27
(2.0) 606 Failure to Comply With Rules 27
(2.0) 607 Answers 27
(2.0) 608 Dismissal of Petition 27
(16.0) 609 Place of Hearing 27
(16.0) 610 Notice of Hearing 27
(2.0) 611 Evidence 28
- x -
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Revised Standard Reg. -Rule
Subject Index Number
(2.0) 612
(2.0) 613
(2.0) 614
(2.0) 615
(2.0) 616
(2.0) 617
(16.0) 618
(50.0) 407
(51.5) (51.6) (51.7) 408
(51.16) 413
(51.16) 414
Reg II
(3.0) Rule 201
(2.0) 202
(3.0) 203
(3.0) 204
(3.0) 205
(3.0) 206
(3.0) (9.0) 207
(3.0) 208
(3.0) 209
(3.0) 210
Title
Preliminary Matters
Official Notice
Continuances
Decision
Effective Date of Decision
Lack of Permit
Hearing Board Fees
Specific Contaminants
Fuel Burning Equipment
Organic Liquid Loading
Effluent Oil Water Separators
Permi ts
Permits Required
Exemptions
Transfer
Applications
Cancellation of Construction
Permit
Action on Applications
Provision of Sampling and
Testing Facilities
Standards for Granting
Applications
Conditional Approval
Denial of Applications
29
29
29
29
29
29
30
30
30
31
32
33
33
34
36
36
36
36
36
36
37
37
xt '
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Revised Standard Reg. -Rule Title Page
Subject Index Number
(3.0) 211 Further Information 37
(3.0) 212 Applications Deemed Denied 38
(3.0) (16.0) 213 Appeals 38
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REGULATION I
DEFINITIONS
REGULATION I
(2.0) RULE 101 Title;
These rules and regulations shall be known as the Rules and Regulations
of the Tuolumne County Air Pollution Control District.
(1.0) RULE 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 the
Health and Safety Code of the State of California.
A. AiIr Pollu tion Control Off1cer. The Air Pollution Control
Officer of the Air Pollution Control District of Tuolumne
County.
B. Agricultural Burning. Any open outdoor fire used in
agricultural operations in the growing of crops or raising
of fowls or animals, or in forest management or range improve-
ment, or used in the Improvement of land for wildlife and
game habitat.
C. Agricultural Operation. The growing and harvesting of crops,
or raising of fowls or animals for the primary purpose of
making a profit, or providing a livelihood, or the conduction
of agricultural research or Instruction by an educational
institution.
D. Agricultural Wastes. Are (a), unwanted or unsellable materials
produced wholly from agricultural operations and, (b) materials
not produced from agricultural operations, but which are
intimately related to the growing or harvesting of crops and
which are used in the field, such as fertilizer and pesticides
sacks or containers where the sacks or containers are emptied
in the field. This does not Include, however, such Items as
shop wastes, demolition materials, garbage, oil filters, tires,
pallets, and the like.
E. Ai r Contamipants or Pol1utant. Includes smoke, dust, charred
paper, soot, grime, carbon, noxious acids, fumes, gases,
odors, or particulate matter, or any combination thereof.
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F. 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
significantly increase or effect the kind or amount of air
contaminants emitted.
G. Approved Ignition Devices. Means those instruments or materials
that will ignite open fires without the production of black
smoke by the Ignition device. This would include such items
as liquid petroleum (L.P.G.), butane, propane, or diesel oil
burners; or flares; or other similar material as approved by
the Air Pollution Control Officer. This does not include
tires, tar, tar paper, oil and other similar materials.
H. A.R.B. The State Air Resources Board, or any person authorized
to act on it's behalf.
I. Atmosphere. The air that envelops or surrounds the earth.
Where air pollutants are emitted into a building not designed
specifically as a piece of air pollution control equipment,
such emission Into the building shall be an emission into the
atmosphere.
J. Board. The Tuolumne County Air Pollution Control Board.
K. Brush Treated. The material has been felled, crushed or up-
rooted with mechanical equipment, or has been desicated with
herbicides.
L. Combustible or Flammable Waste. Means any garbage, rubbish,
trash, rags, paper, boxes, crates, excelsior, ashes, offal,
carcass of a dead animal, petroleum product waste or any
other combustible or flammable refuse material.
M. Combustion Contaminant. Any particulate matter discharged
into the atmosphere from the burning of any material which
contains carbon in either the free or the combined state.
N. Condensed Fumes. Particulate matter generated by the con-
densation of vapors evolved after volatilization from the
molten or liquid state, or generated by sublimation, dis-
tillation, calcination or chemical reaction; when these
processes create airborne particles.
0. Designated Agency. Any agency designated by the ARB and
Tuolumne County Air Pollution Control District as having
authority to issue Agricultural Burn Permits.
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P. District. Is the Air Pollution Control District of Tuolumne
County.
Q. Dust. Minute solid particles released into the air by natural
forces or by mechanical processes such as crushing, grinding,
milling, drilling, demolishing, shoveling, conveying, bagging,
sweeping, or other similar processes.
R. Emission. The act of releasing or discharging air contaminants
1nto the ambient air from any source.
S. Emission Data. Are measured or calculated concentrations or
weights of air contaminants emitted into the ambient, air.
Data used to calculate emission data are not emission data.
T. Emission Point. The place, located in a horizontal plane and
vertical elevation, at which an emission enters the atmosphere.
U. Flue. Any duct or passage for air, gases orthe like, such as
a stack or chimney.
V. Forest Management Burning. Means the use of open fires, as
part of a forest management practice, to remove forest debris.
Forest Management practices Include timber operations, silvl-
cultural practices or forest protection practices.
W. Fossil Fuel-fired Steam Generator. Means a furnace or boiler
used in the process of burning fossil fuel for the primary
purpose of producing steam by heat transfer. "Fossil fuel"
means natural gas, petroleum, coal and any form of a solid,
liquid, or gaseous fuel derived from such materials.
X. Hearing Board. The appellate review board of any county or
regional air pollution control district as provided for in
the Health and safety Code of the State of California.
Y. Incineration. An operation 1n which combustion is carried
on for the principal purpose, or with the principal result
of oxidizing a waste material to reduce Its bulk or facili-
tate its disposal.
Z. Incinerator. Means any furnace or other closed fire chamber
used to dispose of combustible waste by burning and from which
the products of combustion are directed through a flue or
chimney.
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AA. Installation. The placement, assemblage or construction of
equipment or control apparatus at the premises where the
equipment or control apparatus will be used, including
all preparatory work at such premises.
BB. Institutional Facility. Means any hospital, boarding home,
school or like facility.
CC. Multiple Chamber Incinerator. Any article, machine, equipment,
contrivance, structure or part of a structure, used to dispose
of combustible refuse by burning, consisting of three or more
refractory walls, interconnected by gas passage ports or ducts
employing adequate design parameters necessary for maximum
combustion of the material to be burned.
DD. No-Burn Day. Means any day on which agricultural burning is
prohibited by the A.R.B.
EE. Open Out-Door Fire. As used in this regulation means: Com-
bustion of any combustible material of any type, outdoors in
the open air, where the product of combustion is not directed
through a flue.
FF- Operation. Any physical action resulting in a change in the
location, form or physical properties of a material, or any
chemical action resulting in a change in the chemical com-
position or the chemical properties of a material.
GG. Orchard or Citrus Heaters. Any article, machine, equipment,
or other contrivance, burning any type of fuel or material
capable of emitting air contaminants, used or capable of being
used for the purpose of giving protection from frost damage.
HH. Owner or Operator. Means any person who owns, leases, operates,
controls or supervises an affected facility, or a stationary
source of which an affected facility is a part.
II. Particulate Matter. Is any material except uncombined water,
which exists 1n a finely divided form as a liquid or solid
at standard conditions.
JJ. Permissive Burn Day. Means any day on which agricultural
burning is not prohibited by the A.R.B.
KK. Person. Any person, firm, association, organization, partner-
shlp, business trust, corporation, company, contractor,
supplier, installer, operator, user or owner, any government
agency or public district or any officer or employee thereof.
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LL. PPM.' Parts per million by Volume expressed on a dried gas
basis.
MM. Process Weight Per Hour. The total weight, including contained
moisture, of all materials introduced into any specific process,
which process may cause any discharge into the atmosphere.
Sol id,fuels charged will be considered as part of the process
weight, but liquid and gaseous fuels and combustion air will
not. (The Process Weight Per Hour will be derived by dividing
the total Process Weight by the number of hours in one complete
operation from the beginning of any given process to the com-
pletion thereof, excluding any time during which the equipment
is idle.)
NN. Public Record. Means any record made available to the public
by law containing information relating to the conduct of the
public's business that is prepared, owned, used or retained
by the District, except "trade secrets" as defined in RULE
409c, Regulation LV.
00. Range Improvement Burning. Means the use of open fires to
remove vegetation for a wildlife, game or livestock habitat
or for the Initial establishment of an agricultural practice
on previously uncultivated land.
PP. Record. Means handwriting, typewriting, printing, photostating,
photographing, and every other means of recording upon any
form of communication or representation, including letters,
words, pictures, sounds, or symbols, or any combination
thereof, and all papers, maps, magnetic or paper tapes,
photographic films and prints, magnetic or punched cards,
drums and other documents.
QQ. Residential Rubbish. Rubbish originating from a single or
two family dwelling on it's premises, limited to the following
material: Wood, paper, cloth, cardboard, tree trimmings,
leaves, lawn clippings and dry plants.
RR. Source Operation. The last operation preceding the emission
of an air contaminant, which operation (a) results in the
separation of the air contaminants from the process materials
or in the conversion of the process materials into air con-
taminants, as in the case of combustion of fuel; and (b)
is not an air pollution abatement operation.
SS. Section. Refers to a section of the Health and Safety Code
of the State of California unless some other statute is
specifically mentioned.
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TT. Si1v1cultural Practices. Means the establishment, development,
care and reproduction of stands of timber.
UU. Solid Waste Dump. Means any accumulation for the purpose of
disposal of any solid waste.
VV. 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 analysis and tests shall be calculated and
reported at this gas temperature and pressure.
WW. Standard Cubic Foot of Gas. The amount of gas that would occupy
a volume of one (1) cubic foot, if free of water vapor, at
standard conditions.
XX. Tahoe Basin. Means that area, within the State of California,
as defined by the California Nevada Interstate Compact,
Article 11, Paragraph C, as contained in Section 5976 of the
State Water Code.
YY. Timber Operations. Means cutting or removal of timber or
other forest vegetation.
ZZ. Total Reduced Sulfur (TRS). Total reduced sulfur contained in
hydrogen sulfide, mercaptans, dimethyl sulfide, dimethyl
disulfide or other organic sulfide compounds, all expressed
as hydrogen sulfide. Sulfur dioxide, sulfur trioxide, or
sulfuric acid are not to be included in the determination
of TRS.
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REGULATION II
PROHIBITIONS
REGULATION II
(2.0) RULE 201 District-Wide Coverage.
Prohibitions, as set forth in this Regulation, shall apply in all
portions of the Tuolumne County Air Pollution Control District un-
less otherwise stated.
(50.1.2) RULE 202 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 three (3) minutes in any one (1) hour which is:
(1) as dark or darker in shade than that designated as No. 1 on the
Ringelmann Chart, as published by the United States Bureau of Mines,
or (2) of such opacity as to obscure an observer's view to a degree
equal to or greater than does smoke described in subsection (1) of
this section.
(2.0) RULE 203 Exceptions.
The provisions of Rule 202 do not apply to:
a. Smoke from fires set or permitted by any public fire off-
icer, if such fire is set by or permission given in the
performance of the official duty of such officer, and such
fire in the opinion of such officer is necessary.
1. for the purpose of the prevention of a fire or health
hazard as determined by the Health Officer, which cannot
be abated by any other means; or
2. the instruction of public employees and/or volunteer
firemen in the methods of fighting fires.
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 fires.
c. Open outdoor fires used for recreational purposes or for
cooking of food for human consumption.
d. The use of an experimental device, system or method to study
or research open burning authorized by Chapter 10 of Division
26 of the California Health and Safety Code and these Rules
and Regulations.
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e. Agricultural Operations. In the growing of crops or raising
of fowl or animals.
f. Use of any aircraft to distribute seed, fertilizer, insecticides,
or other agriculture aids over lands devoted to the growing of
crops, or the raising of fowl or animals.
h. Orchard or Citrus Grove Heaters that are on the approved list
published by the State Air Resources Board (Section 39298.7)
i. The governing board of the district may by rule provide for
the issuance by the Air Pollution Control Officer of permits
for open burning. The provisions of RULE 202 do not apply
to smoke from fires set pursuant to such permit. (Health and
Safety Code Section 24245.1).
k. Smoke or fumes which result from acts of God.
(50.1.2) RULE 204 Wet Plumes.
Where the presence of uncombined water is the only reason for the
failure of an emission to meet the limitation of RULE 202 that Rule
shall not apply. The burden of proof which establishes the application
of this rule shall be upon the person seeking to come within its pro-
visions.
(50.7) RULE 205 Nuisance.
A person shall not discharge from any source whatsoever such quantities
of air contaminants or other material which cause injury, detriment,
nuisance, or annoyance to any considerable number of persons or to
the public or which endanger the comfort, repose, health or safety
of any such persons or the public or which cause to have a natural
tendency to cause injury or damage to business or property.
Exception: The provisions of RULE 205 do not apply to odors emanating
from agriculture operations in the growing of crops or raising of
fowl or animals.
(51.9) RULE 206 Incinerator Burning.
Except for the burning of Residential Rubbish, as defined in Rule
102QQ a person shall not burn any combustible or flammable waste in
any incinerator within the boundaries of the Tuolumne County Air
Pollution Control District except in a multiple-chamber incinerator
as defined in Rule 102CC or in equipment found by the Air Pollution
Control Officer to be equally effective for the purpose of air
pollution control.
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(51.1) RULE 208 Orchard or Citrus Heaters.
a. The following Section of the State of California Health and
Safety Code, and any future amendments thereto, are part of
these Rules and Regulations by reference: Section 39298.7
et. seq., Article 4, Chapter 10, Part 1, Division 26.
b. 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.
c. It shall be unlawful for any person, for the purpose of frost
protection to burn any rubber, rubber tires, or other sub-
stance containing rubber, or to burn oil or other combustible
substances in drums, pails or other containers except orchard
heaters.
(50.2) RULE 210 Sulfur Emissions.
A person shall not discharge into the atmosphere from any single
source of emission whatsoever, any one or more of the contaminants,
in any sulfur combination thereof, exceeding in concentration at the
point of discharge:
a. Sulfur compounds calculated as sulfur dioxide ($03) 0.2
percent, by volume.
b. Total reduced sulfur; Pending further investigation into
a rule which will be applicable to the Mountain Counties
Air Basin.
(50.1.1) RULE 211 Process Weight Per Hour.
A person shall not discharge into the atmosphere from any source
operation particulate matter in excess of that allowed on the table
in RULE 212.
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(50.1.1) RULE 212 Process Height Table.
ALLOWABLE RATE OF EMISSION BASED ON
PROCESS WEIGHT RATE
Process Weight Rate Emission Rate
Lbs/Hr. Lbs/Hr.
50 4
100 6
500 1.5
1000 2.3
5000 6.3
10,000 9.7
20,000 15.0
60,000 29.6
80,000 31.2
120,000 33.3
160,000 34.9
200,000 36.2
400,000 40.4
1,000,000 46.8
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 P°-62 P-S30 tons/hr.
and interpolation of extrapolation of the data for process weight
rates in excess of 60,000 Ibs/hr. shall be accomplished by use of
the equation:
E=17.31 P°-16 P=*30 tons/hr.
Where: E= Emission in pounds per hour.
P= Process weight rate in tons per hour.
(51.16) RULE 213 Storage of Petroleum Products.
a. The following section of the State of California Health and
Safety Code, and any future amendments thereto, are part of
these Rules and Regulations by reference: Section 39068.2
et seq., Article 2, Chapter 3, Part 1, Division 26.
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b. 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 absolute or
greater under actual storage conditions, unless such tank,
reservoir or other container is a pressure tank maintaining
working pressures sufficient at all times to prevent hydro-
carbon vapor or gas loss to the atmosphere, or 1s designed
and equipped with equipment described in Section 39068.4
or Section 39068.5 or other equipment of equal efficiency,
provided such equipment is approved by the Air Pollution
Control Officer.
(51.21) RULE 214 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,
equipment or other contrivance are:
a. Incinerated at temperatures of not less than 1200 degrees
Fahrenheit for a period of not less than 0.3 seconds, or
b. Processed in such a manner determined by the Air Pollution
Control Officer to be equally, or more, effective for the
purpose of air pollution control than (a) above.
A person incinerating or processing gases, vapors, or gas-entrained
effluents pursuant to the Rule shall provide, properly install and
maintain in calibration, in good working order and in operation
devices as specified in the Authority to Construct or Permit to
Operate or as specified by the Air Pollution Control Officer, for
indicating temperature, pressure or other operating conditions.
For the purpose of the Rule "reduction" is defined as any heated
process, including rendering, cooking, drying, dehyration, digesting,
evaporating and protein concentrating.
The provisions of the Rule shall not apply to any article, machine,
equipment or other contrivance used exclusively for the processing
of food for human consumption.
(15.0) RULE 215 Enforcement.
The following section of the State of California Health and Safety
Code, and any future amendments thereto, are part of these Rules and
Regulations by reference: Section 24246, Article 3, Chapter 2
Division 20.
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(2.0) RULE 216 Existing Sources.
In any case where this Regulation II imposes standards different
than the standards applicable to an existing source of emissions on
September 15, 1974, and the source of emission was in compliance,
under variance or permit to construct, with the less restrictive
standards applicable on such date, then the source shall remain in
compliance with such rule, until modified as described below or
until July 1, 1984, whichever is less. In no event shall any
modifications cause an increase in emissions over those being
emitted prior to such modification.
"Modification" means any physical change in, or change in the
method of operation of, an affected facility which increases the
amount of any air pollutant (to which a rule applies) emitted by
such facility or which results in the emission of any air
pollutant (to which a rule applies) not previously emitted, except
that:
1. Routine maintenance, repair, and replacement shall not be
considered physical changes, and
2. The following shall not be considered a change in the method
of operation:
a. An increase in the production rate, if such increase does
not exceed the operating design capacity of the affected
facility;
b. An increase in hours of operation.
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REGULATION III
OPEN BURNING
REGULATION III
PROHIBITIONS AND EXCEPTIONS
(51.13) RULE 301 Open Outdoor Fires.
No person shall use open fires for the purpose of disposal of petroleum
wastes, demolition debris, tires, tar, trees, wood waste or other
combustible or flammable solid or liquid waste; or for metal salvage
or burning of automobile bodies.
(2.0) RULE 302 Exceptions to Rule 301.
A. Except as otherwise provided in Rule 321, nothing in these
Rules and Regulations shall be construed as limiting the
authority granted under other provisions of law:
1. To any public fire officer to set or permit a fire
when such fire is, in his opinion, necessary for any
of the following purposes:
a. For the purpose of the prevention of a fire hazard
which cannot be abated by any other means, or;
b. The instruction of public employees and/or
volunteer firemen, in the methods of fighting fire;
c. Set pursuant to permit on property used for industrial
purposes for the purpose of instruction of employees
in the methods of fighting fires.
2. To set or cause to be set backfires necessary to save
life or valuable property pursuant to Section 4426
of the Public Resources Code.
B. Except as otherwise provided in Rules 316, 317, and 318,
nothing in these Rules and Regulations shall be construed
as limiting the use of open fires for agricultural burning,
as defined in Rule 102B.
C. Open fires for the disposal of unsellable woood waste from
property being developed for commercial or residential pur-
poses. (See Rule 319).
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D. Open fires for right-of-way clearing by a public entity
or Utility or for levee, ditch and reservoir maintenance.
(See Rule 320).
E. Open fires for the burning of Residential Rubbish as defined
in Rule 102QQ.
F. Open fires for recreational purposes, such as the cooking of
food for human consumption.
G. Open fires as authorized by A.R.B. for the operation of a
solid waste dump under an extension. (See Section 39297.4).
(3.0) RULE 303 Burning Permits.
[51.13)
A. No person shall knowingly set or permit open outdoor fires
for:
1. Agricultural burning or hazard reduction burning unless
that person has been issued a valid permit from a
designated agency.
2. Levee, ditch, right-of-way or reservoir maintenance burn-
ing or the burning of wood waste on property where grown
unless the person has been issued a valid permit from
the Air Pollution Control Officer.
B. A permit shall not be issued to an applicant unless information
is provided as required by the Tuolumne Air Pollution Control
District, such as:
1. Name and address of the permittee.
2. Location of the proposed burn.
3. Acreage or estimated tonnage of material to be burned.
4. The type of material to be burned.
5. Under what category burning will take place, i.e.,
agricultural, forest management, range Improvement,
wood waste on property where grown, or hazard reduction.
6. Distance to nearest residential area (in miles).
7. Reason for burning.
8. The permittee shall read the permit and sign name.
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C. Each permit issued shall bear a statement of warning containing
the following words or words of like .or similar import:
"THIS PERMIT IS VALID ONLY FOR THOSE DAYS ON WHICH THE STATE
AIR RESOURCES BOARD DOES NOT PROHIBIT AGRICULTURAL BURNING
PURSUANT TO SECTION 39298 OF THE HEALTH AND SAFETY CODE",
D. A permit shall not be issued to an applicant unless information
is provided as required by the designated fire protection
agency for fire protection purposes.
(3.0) RULE 305 Permit Validity.
No permit shall be construed to authorize open outdoor fires for any
day during which:
A. Agricultural burning is prohibited by the A.R.B.
B. Open burning is prohibited by public fire control agencies
for fire control or prevention.
(51.13) RULE 306 . No-Burn Days.
No person shall knowingly permit agricultural burning, or burning of
wood waste on property where grown or hazard reduction burning,
or right-of-way clearing and levee, ditch and reservoir maintenance
burning, on days when such burning is prohibited by the A.R.B.
(13.0) RULE 308 Burning Reports.
(51.13)
A. The name, location, type and amount of waste material burned
daily must be reported to the designated agency within 5
days following completion of the burn.
B. The designated agency shall forward above information to the
Tuolumne County Air Pollution Control Officer monthly.
(51.13) RULE 309 Amount Burned Daily.
Agricultural waste and other material shall be arranged so that it
will burn with a minimum amount of smoke, and except for large
trees, only that amount that can reasonably be expected to completely
burn within the folowing twenty-four (24) hours shall be ignited in
any one day.
(51.13) RULE 310 Approved Ignition Devices.
All open fires as authorized by this Regulation shall be ignited only
with approved ignition devices as defined in Rule 102G and the material
to be burned should be ignited as rapidly as practicable within
applicable fire control restrictions.
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(51.13) RULE 311 Restricted Burning Days.
The Air Pollution Control'Officer shall notify the designated agencies
that a condition of restricted burning exists, if in his opinion
the amounts being burned each day are creating significant degradation
of the air quality. On days of restricted burning, the designated
agencies shall restrict the acreage or tonnage of material to be burned
under permit to the acreage or tonnage allocated to the designated
agencies by the Air Pollution Control Officer. The Air Pollution Con-
trol Officer shall prorate the amounts to be burned to each agency
based on the estimated number of acres or tonnage in the geographic
area covered by the agency.
(51.13) RULE 312 Wind Direction.
Burning shall be curtailed when smoke is drifting into a nearby popu-
lated area or creating a public nuisance.
(51.13) RULE 313 Minimum Drying Times.
To lower the moisture content of the material being burned, the
elapsed time between cutting and burning shall be:
A. A minimum of three (3) days for straw and stubble.
B. Sufficient time for other agricultural waste such as orchard
prunings, small branches, vegetable tops and seed screenings
to assure rapid and complete combustion with a minimum of
smoke.
C. A minimum of six (6) weeks for trees, stumps, and large
branches greater than six (6) inches in diameter.
(51.13) RULE 315 Preparation of Material to be Burned.
A. No material shall be burned unless it is free of tires,
rubbish, tar paper, construction debris, also reasonably
free of dirt, soil and visible surface moisture.
B. 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 amount of smoke.
OPEN BURNING CATEGORIES
(51.13) RULE 316 Burning of Agricultural Waste.
Rule 301 through Rule 315, inclusive, shall apply to open burning
of all agricultural waste.
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(51.13) RULE 317 Range Improvement Burning.
A. Rule 301 through 315, inclusive, and the following sections
of this rule shall apply to Range Improvement Burning.
B. Brush shall be treated (see Rule 102K) at least six months
prior to the burn if economically and technically feasible.
C. Unwanted trees over six inches in diameter shall be felled
and dried prior to the burn.
D. Material should be windrowed or piled if economically and
technically feasible.
E. If the burn is to be accomplished primarily for improvement
of land for wildlife and game habitat, the permit applicant
shall obtain a written statement from the State Department
of Fish and Game, certifying that the burn is desirable
and proper.
(51.13) RULE 318 Forest Management Burning.
A. Rule 301 through 315* and the following sections of this
rule, with the exception of Rule 313, shall apply to
Forest Managment Burning.
B. Waste material should be windrowed or piled where possible,
unless good silvicultural practice (see Rule T02TT) dictates
otherwise.
C. Drying time shall be specified by the designated agency.
(51.13) RULE 319 Open Burning of Wood Waste on Property Where Grown.
This rule authorizes the use of open outdoor fires for the disposal
of unsellable wood waste from property being developed for commercial
or residential purposes under the following conditions:
A. Rule 301 through 315, inclusive, and the following section
of this rule shall apply to open burning of wood waste on
property where grown.
B. Unwanted trees over six (6) inches in diameter are to be
felled and dried prior to the burn.
C. Wood waste should be windrowed if economically and technically
feasible.
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D. Wood waste which 1s burned under this rule shall be limited
to that grown on the property and free of other material.
E. This burning shall be conducted only on permissive burn days.
F. The Air Pollution Control Officer or staff shall review and
sign all permits prior to the burning.
G. The governing Board of the district finds it is more
desirable to dispose of such wood waste by open burning than
to dispose of it by other available means, at this time.
(hi.'13) RULE 320 Right-of-Way Clearing and Levee. Ditch and Reservoir
Maintenance Burning ^"""" ~
A. Rule 301 through Rule 315, inclusive, shall apply to the use
of fires for right-of-way clearing by a public entity or
utility or for levee, ditch or reservoir maintenance.
B. This burning shall be conducted only on permissive burn days.
(51.13) RULE 321 Hazard Reduction Burning.
A. For purposes of this rule, "Hazard Reduction Burning" is
burning authorized pursuant to Rule 302A.1 (a).
B. Except as provided in Paragraph C, the following conditions
shall apply to all open outdoor burning for purposes of
hazard reduction:
1. Rule 301 through Rule 315, inclusive, shall apply to
Hazard Reduction Burning.
2. Unwanted trees over six (6) Inches 1n diameter shall be
felled and dried prior to the burn.
C. If the fire officer with jurisdiction determines that a con-
dition exists in which a fire hazard, (or health hazard as
determined by the Health Officer) will have imminent affect
on life and property, he may waive the requirements of
Paragraph B of this Rule, provided that a written report of
such burning shall be forwarded to the Air Pollution Con-
trol Officer stating why life and property was being
threatened requiring such burning and such other information
as the Air Pollution Control Officer may reasonably require.
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OPEN BURNING ENFORCEMENT
15.0) RULE 322 Enforcement Responsibility.
51.13)
The Air Pollution Control Officer or his staff will be in the field
to ensure that these Rules and Regulations are complied with and
shall enforce all State and Tuolumne County Air Pollution Control
District regulations regarding air pollution control. See Enforcement
Flow Chart on the next page.
(15.0)
(51.13) RULE 323 Penalty.
A violation of the provisions of this regulation or of Section 39296.1
or 39299 1s a misdemeanor punishable by Imprisonment in the County
Jail not exceeding six (6) months or by fine not exceeding five
hundred dollars, ($500.00), or both, and the cost of putting out the
fire. Every day during any portion of which such violation occurs
constitutes a separate offense.
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ENFORCEMENT FLOW CHART
FOR
OPEN~BDRNIN6
Open Burning Observed!
APCO, F1re Protection and/or Enforcement Agency
1. Determine person starting fire, adding fuel or 1n
control.
2. Identify such person or persons.
a. Use drivers license for correct name and address.
b. Determine who ordered fire.
3. Ask for Permit
No Permit or conditions
of Permit violated.
Examine Permit for compliance
with conditions: e.g.
1. Correct date, time, location,
etc.
2. No "Ban" in effect.
Issue Notice of Violation
Report the following:
1. Correct name and address of all parties.
2. Location of violation.
3. Location and time of observation and duration of investigation.
4. Nature of material burned.
5. Description of fire and smoke.
6. Distribution of smoke. (Note wind direction and approximated speed).
7. Surrounding neighborhood.
8. Any statements made by violation.
J). JVnv statements made bv manaoement.
File all Notice of Violation Reports
in person or by mailing to Tuolumne
County A1r Pollution Control District.
Citation
Issued
APCO reviews and obtains additional information as necessary I
_L
1 D. A.'s office reviews I
I Issues complaint"!
*APCO-A1r Pollution Control Officer
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: REGULATION IV
PERMIT SYSTEMS CONDITIONS
REGULATION IV
All permits issued pursuant to these Rules and Regulations are sub-
ject to the following rules:
(2.0) RULE 401 Responsibility.
The fact that an authorization to construct or modify, or a permit to
operate an article, machine, equipment or other contrivance described
therein shall have been issued by the Air Pollution Control Officer
shall not be an endorsement of such article, machine, or other con-
trivance neither shall it be deemed or construed to be a warranty,
quarantee or representation on the part of the Air Pollution Control
Officer that emission standards would not be exceeded by such article,
machine, equipment or other contrivance. In every instance the
person, firm or corporation to whom such authorization or permit is
issued shall be and remain responsible under these regulations for
each and every instance wherein emission standards are exceeded by
the article, machine, equipment or other contrivance described in the
; permit, and the fact of issuance or authorization shall not be a
defense to or mitigation of any charge of violation.
(9.0) RULE 402 Authority to Inspect.
A. In the performance of his duties the Air Pollution Control
Officer and his duly authorized agents shall have, as a
condition of an authority to construct or a permit to
operate, the right to access of the property for reasons of
Air Pollution Control District inspections.
B. The Air Pollution Control Officer may issue identification
cards, with the photograph of holder and signature of the
Air Pollution Control Officer, to such employees of the
District who need such credentials for entry.
(3.0) RULE 403 Responsibility of Permittee.
Issuance of a permit pursuant to these Rules and Regulations does
not release permittee of the responsibility of any and all other
applicable permits and authorizations issued by other governmental
agencies.
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(2.0) RULE 405 Separation of Emissions.
If air contaminants from a single source operation are emitted through
two or more emission points, the total emitted quantity of air con-
taminants cannot exceed the quantity which would be allowable through
a single emission point.
The total emitted quantity of any such air contaminant shall be taken
as the product of the highest concentration measured in any of the
emission points and the combined exhaust gas volume through all
emission points, unless the person responsible for the Source Operation
establishes, to the Air Pollution Control Officer's satisfaction, the
correct total emitted quantity.
(2.0) RULE 406 Combination of Emissions.
a. If air contaminants from two or more source operations are
combined prior to emission and there are adequate and
reliable means reasonably susceptible for confirmation
and use by the Air Pollution Control District in establish-
ing a separation of the components of the combined emission
to indicate the nature, extent, quantity and degree of
emission arising from such source operation, the Rules and
Regulations shall apply to each such source operation
separately.
b. If air contaminants from two or more source operations are
combined prior to emission and combined emissions cannot
be separated according to the requirements of Rule 406
(a), the Rules and Regulations shall be applied to the
combined emissions as if it originated in a single source
operation subject to the most stringent limitations and
requirements placed by the Rules and Regulations on any
of the source operations whose air contaminants are so
combined.
(2.0) RULE 407 Circumvention.
A person shall not build, erect, install, or use any article, machine,
equipment or other contrivance, the use of which, without resulting
in an actual reduction in the total release of air contaminants to
the atmosphere, superficially reduces or conceals an emission which
would otherwise constitute a violation of the Division 20, Chapter
2, of the Health and Safety Code of the State of California or of
these Rules and Regulations. This Rule shall not apply to cases in
which the only violation involved is of Section 24243 of the Health
and Safety Code of the State of California, or of the Rule 205 of
these Rules and Regulations.
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(13.0) RULE 408 Source Recordkeeping and Reporting.
The owner or operator of any stationary source, shall, upon notifica-
tion from the District, maintain records of the nature and amounts
of emissions from such source and/or any other information as may be
deemed necessary by the District to determine whether such source
is in compliance with applicable emission limitations or other con-
trol measures. The Air Pollution Control Officer may require that
such records be certified by a professional engineer registered in
the State of California. Such studies shall be at the expense of
the person causing the emissions.
The information recorded shall be summarized and reported to the
District, on forms or formats as furnished by the District, and shall
be submitted within 45 days after the end of the reporting period.
Reporting periods are January 1 - June 30 and July 1 - December 31,
except that the initial reporting period shall commence on the date
the District issues notification of the recordkeeping requirements.
Information reported by the owner or operator and copies of the
summarizing reports submitted to the District shall be retained by
the owner or operator for two years after the date on which the
pertinent report is submitted.
(13.0) RULE 409 Public Records.
a. All information, analysis, plans or specifications that dis-
close the nature, extent, quantity, or degree of air con-
taminants or other pollution which any article, machine,
equipment, or other contrivance will produce which the
District requires any applicant to provide before such
applicant builds, erects, alters, replaces, operates, sells,
rents, or uses such article, machine, equipment, or other con-
trivance, are public records.
b. All air or other pollution monitoring data, including data
compiled from stationary sources, are public records.
c. Except as otherwise provided in (d), trade secrets are not
public records under this Regulation. Trade secrets, as
used in this Regulation may include, but are not limited
to any formula, plan, pattern, process, tool, mechanism,
compounds, procedure, production data, or compilation of
information which is not patented, which is known only to
certain individuals within a commercial concern who are
using it to fabricate, produce, or compound an article of trade
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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. The owner or operator shall
state in writing his justification for claiming material is
a trade secret. The Air Pollution Control Officer shall rule
on the validity of trade secrecy claims.
d. Notwithstanding any other provisions of the law, all air
pollution emission data, including these emission data which
constitute trade secrets as defined in (c), are public
records. Data used to calculate emission data are not
emission data for purposes of this subdivision and data
which constitute trade secrets and which are used to cal-
culate emission data are not public records.
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REGULATION VI
PROCEDURE
BEFORE THE HEARING BOARD
, REGULATION VI
(2.0) RULE 600 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 Safety Code, respectively
entitled Variances and Procedure, are applicable within the boundaries
of the Tuolumne County Air Pollution Control Di,strict.
(2.0) RULE 601 General.
This regulation shall apply to all hearings before the Hearing
Board of the Air Pollution Control District.
(2.0) RULE 602 Filing Petitions.
Requests for hearing shall be initiated by the filing of a petition,
in triplicate with the clerk of the hearing board, and the payment
of the fee as provided for in Rule 618 of these Rules and Regulations,
after service of a copy of the petition has been made on the Air
Pollution Control Officer and one copy on the holder of the permit
or variance, if any, involved. Service may be made in person or by
mail, and service may be proved by written acknowledgment of the
person served or by the affidavit of the person making the service.
(2.0) RULE 603 Contents of Petitions.
Every petition shall state:
a. The name, address and telephone number of the petitioner,
or other person authorized to receive service of notices.
b. Whether the petitioner is an individual, co-partner, corpora-
tion 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.
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d. A brief description of the article, machine, equipment or
other 'contrivance, if any, Involved 1n the application.
e. The section or rule under which the petition is filed:
1. To determine whether a permit shall be revoked, or
a suspended permit reinstated under Section 24274,
Health and Safety Code;
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;
i
4. To review the denial or conditional granting of an
authority to construct or permit to operate under
Rule 501 of these Rules and Regulations.
f. Each petition shall be signed by the petitioner, or by
some person on his behalf, and where the person signing
is not the petitioner, it shall set forth his authority
to sign.
g. Petitions for revocation of permits shall allege, in addition,
the rule under which permit was granted, the rule or
section which Is alleged to have been violated,
together with a brief statement of the constituting such
alleged violations.
h. Petitions for reinstatement of suspended permits shall
allege, in addition, the rule under which the permit was
granted, the request and alleged refusal which formed the
basis for such suspension, together with a brief statement
as to why information requested, if any, was not furnished,
whether such information is believed by petitioner to be
pertinent, and, if so, when it will be furnished.
i. All petitions shall be typewritten, double spaced, on legal
or letter size paper, on one side of the paper only, leaving
, a margin of at least one inch at the top and left side of
each sheet.
j. Petitions for variance shall include a proposed final
compliance date with increments of progress, when applicable.
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(5.0) RULE 604 Petitions for Variances.
The Petition for Hearing form, as provided, shall be filled out
completely.
(2.0) RULE 605 Appeal from Denial.
A petition to review the denial or conditional approval of a permit
shall, in addition to the information required by Rule 603, set forth
a summary of the permit application or a copy thereof and the
! alleged reasons for the denial or conditional approval and the reasons
for appeal.
(2.0) RULE 606 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 form, filing and
service or petitions unless the chairman of the hearing board directs
otherwise and confirms such direction in writing. Such direction need
not be made at a meeting of the hearing board.
(2.0) RULE 607 Answers.
Any person may file an answer within ten (10) days after service.
All answers shall be served in the same manner as petitions under
the provisions of Rule 602.
(2.0) RULE 608 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) RULE 609 Place of Hearing.
All hearings shall be held at a place designated by the hearing board.
(16.0) RULE 610 Notice of Hearing.
The clerk of the hearing board, not less than 30 days prior to such
hearing, shall mail or deliver a notice of hearing to the petitioner,
the air pollution control officer, the holder of the permit or variance
involved, the "Federal Environmental Protection Agency", the A.R.B.,
each air pollution control district in the Air Basin, and to every
person who requests such notice. In addition, said notice shall be
published in a newspaper of general circulation in the county within
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the district. The notice shall contain the time and place of the
hearing and such other information as may be necessary to reasonably
apprise the people within the district of the nature and purpose
of the hearing. (In the event of an extreme emergency that will
or may threaten the public health or welfare, as determined by the
hearing board, or a petition filed pursuant to Rule 603, e, 1, or
603, e, 4, the above 30 day period may be reduced to 10 days.)
(2.0) RULE 611 Evidence
a. Oral evidence shall be taken only on oath or affirmation.
b. Each party shall have these rights:
1. To call and examine witnesses;
2. To introduce exhibits;
3. To cross-examine opposing witnesses on any matter
relevant to the issues, even though that matter was not
covered in the direct examination;
4. To impeach any witness regardless of which party first
called him to testify;
5. To rebut the evidence against him.
c. If respondent does not testify in his own behalf, he may be
called and examined as if under cross-examination.
d. The hearing need not be conducted according to technical
rules relating to evidence and witnesses. Any relevant
evidence shall be admitted if it is the sort of evidence
on which responsible persons are accustomed to rely in
the conduct of serious affairs, regardless of the existence
of any common law or statutory rule which might make improper
the admission of such evidence over 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 support a finding unless it would be admissible
over objection in civil actions. The rules of privilege shall
be effective to the same that they are now or hereafter may be
recognized in civil actions, and irrelevant and unduly repeti-
tious evidence shall be excluded.
e. All evidence, oral or written, and all exhibits, shall
be recorded at the time of the hearing and all records
shall be maintained for a period of time as specified
by law or as determined by the Air Pollution Control Board.
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(2.0) RULE 612 Preliminary Matters.
Preliminary matters such as setting a date for hearing, granting contin-
uances, approving petitions for filing, allowing amendments and other
preliminary rulings not determinative of the merits of the case may be
made by the chairman of the hearing board without a hearing or meeting
of the hearing board and without notice.
(2.0) RULE 613 Official Notice.
The hearing board may take official notice of any matter which may be
judicially noticed by the courts of this State.
(2.0) RULE 614 Continuances.
The chairman of the hearing board shall grant any continuance of 15 days
or less, concurred in by petitioner, the Air Pollution Control Officer and
by every person who has filed an answer in the action any may grant any
reasonable continuance; in either case such action may be ex parte, with-
out a meeting of the hearing board and without prior notice.
(2.0) RULE 615 Decision.
, The decision shall be in writing, served and filed within 15 days after
submission of the cause by the parties thereto and shall contain a brief
statement of facts found to be true, the determination of the issue pre-
sented and the order of the hearing board. A copy shall be mailed or
delivered to the Air Pollution Control Officer, the Air Resources Board,
pursuant to the Health and Safety Code, Section 24303, the petitioner
and to every person who has filed an answer or who has appeared as a
party in person or by counsel at the hearing.
(2.0) RULE 616 ' Effective Date of Decision.
The decision shall become effective 15 days after delivering or mailing
a copy of the decision, as provided in Rule 615 or the hearing board
may order that the decision shall become effective sooner.
(2.0) RULE 617 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 of a permit and a petition for a variance may be filed with
the hearing board in a single petition. A variance 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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(16.0) RULE 618 Hearing Board Fees.
a. Every applicant or petitioner for a variance, or for the exten-
sion, revocation or modification of a variance, or for an appeal
from a denial or conditional approval of an authority to con-
struct, permit to operate, except any state or local governmental
agency or public district; shall pay the clerk of the hearing
board, on filing, a fee not to exceed the cost of the hearing.
b. Any person requesting a transcript of the hearing shall pay the
cost of such transcript.
c. This Rule shall not apply to petitions filed by the Air Pollution
Control Officer.
(50.0) RULE 407 Specific Contaminants.
A person shall not discharge into the atmosphere from any single source
of emission whatsoever, any one or more of the contaminants, in any state
or combination thereof, exceeding in concentration at the point of dis-
charge:
b. Combustion contaminants: 0.1 grain per cubic feet of gas cal-
culated to 12 percent of carbon dioxide (COJ at standard con-
ditions. In measuring the combustion contaminants from incin-
erators used to dispose of combustible refuse by burning, the
carbon dioxide (CO ) produced by combustion of any liquid or
gaseous fuels shal2 be excluded from the calculation to 12 per-
cent of carbon dioxide
(51.5)
(51.6
(51.7
RULE 408
(co2).
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 (S02);
2. 140 pounds per hour of nitrogen oxides, calculated as nitrogen
dioxide (NOg);
3. 10 pounds per hour of combustion contaminants as defined in
Rule 102h and derived from the fuel.
For the purpose of this rule, "fuel burning equipment" means any furnace,
boiler, apparatus, stack, and all appurtenances thereto, used in the pro-
cess 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
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minimum number of fuel burning equipment, the simultaneous operations of
which are required for the production of useful heat or power.
Fuel burning equipment serving primarily as air pollution control equip-
ment by using a combustion process to destroy air contaminants shall be
exempt from the provisions of this rule.
Nothing in this rule shall be construed as preventing the maintenance or
preventing the alteration or modification of an existing fuel burning
equipment unit which will reduce its mass rate of air contaminant emissions,
(51.16) RULE 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
facility is equipped with a vapor collection and disposal system or its
equivalent approved by the Air Pollution Control Officer.
Loading shall be accomplished in such a manner that all displaced vapor
and air will be vented only to the vapor collection system. Measures
shall be taken to prevent liquid drainage from the loading device when it
is not in use or to accomplish complete drainage before the loading device
is disconnected.
The vapor disposal portion of the vapor collection and disposal system
shall consist of one of the following:
a. An 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 rule shall apply only to the loading of organic liquids having a
vapor pressure of 1.5 psia or greater under actual loading conditions at
a facility from which at least 20,000 gallons of such organic liquids are
loaded in any one day.
"Loading facility", for the purpose of this rule, shall mean any aggrega-
tion 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.
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(51.16) RULE 414 Effluent Oil Water Separators.
A person shall not use any compartment of any vessel or device operated
for the recovery of oil from effluent water which recovers 200 gallons a
day or more of any petroleum products from any equipment which processes,
refines, stores, or handles hydrocarbons with a Reid vapor pressure of
0.5 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.
i' -
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.
V
V c. A vapor recovery system which reduces the emission of all hydro-
carbon vapors and gases into the atmosphere by at least 90 per-
cent by weight.
d. Other equipment of an efficiency equal to or greater than (a), (b),
or (c), if approved by the Air Pollution Control Officer.
This rule shall not apply to any oil-effluent water separator used exclu-
sively in conjunction with the production of crude oil, if the water frac-
tion of the oil-water effluent entering the separator contains less than
5 parts per million hydrogen sulfide, organic sulfides, or a combination
thereof.
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REGULATION II - PERMITS
REGULATION II
(3.0) RULE 201 Permits Required.
a. Authority to Construct. Any person building, altering or
replacing any equipment, the use of which may cause the
issuance of air contaminants or the use of which may
eliminate or reduce or control the issuance of air con-
taminants, 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 equipment for which the applica-
tion was filed is granted or denied.
b. Permit to Operate. Before any equipment described in
Rule 201(a) may be operated, a written permit shall be
obtained from the air pollution control officer. No
permit to operate shall be granted either by the air
pollution control officer or the hearing board for any
equipment described in Rule 201(a), constructed or in-
stalled without authorization as required by Rule 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 stand-
ards set forth in Rule 208 (standards for granting
application) and elsewhere in these rules and regulations.
c. Posting of Permit to Operate. A person who has been
granted! under Rule 201 (b) a permit to operate any equip-
ment described in Rule 201(b), shall firmly affix such
permit to operate, an approved facsimile, or other
approved identification bearing the permit number upon
the article, machine, equipment, or other contrivance,
in such a manner as to be clearly visible and accessible.
In the event that the equipment is so constructed or
operated that the permit to operate cannot be so placed,
the permit to operate shall be mounted so as to be clearly
visible in an accessible place within 25 feet of the
equipment or maintained readily available at all times
on the operating premises.
d. Altering of Permit. A person shall not will fully deface,
alter, forge, counterfeit, or falsify a permit to operate
any equipment.
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e. Permit to Sell or Rent. Before any of the hereinbefore des-
cribed equipment is sold, leased, or rented, such that it is
operated by anyone other than the holder of the permit, the
owner or operator is required to obtain a permit to sell or
rent.
(2.0) RULE 202 Exemptions.
Any authority to construct or a permit to operate shall not be required
for:
a. Vehicles as defined by the Vehicle Code of the State of
California but not including any article, machine, equipment
or other contrivance mounted on such vehicle that would
otherwise require a permit under the provisions of these
rules and regulations.
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
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.
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8. Equipment used for hydraulic or hydrostatic testing.
. ' . i '<'
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. " -^
e. The following equipment or any exhaust system or collector-
serving exclusively such equipment:
1. Laboratory equipment used exclusivley 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. Liquefied petroleum gas.
3. A combination of natural gas and liquefied petroleum gas.
g. Natural draft hoods, natural draft stacks or natural draft
ventilators.
: . V ."
h. Self-propelled mobile construction equipment other than pave-
ment burners.
i. Other sources of minor significance which may be specified by
the air pollution control offier.
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 in part of any equipment
where a permit to operate has previously been granted for such
equipment. : "'
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(3.0) RULE 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.
(3.0) RULE 204 Applications.
Every application for A permit required under Rule 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 pol-
lution control officer to make the determination required by Rule 208
hereof.
(3.0) RULE 205 Cancellation of Construction Permit.
A permit shall be cancelled two years from the date of filing of the
application.
(3.0) RULE 206 Action on Applications.
The air pollution control officer shall act, within a reasonable time,
on a permit application and shall notify the applicant 1n writing of
his approval, conditional approval or denial.
(3.0) RULE 207 Provision of Sampling and Testing Facilities.
(9.0)
A person operating or using any equipment for which these rules require
a permit shall provide and maintain such sampling and testing facilities
as specified in the permit.
(3.0) RULE 208 Standards for Granting Applications.
a. The air pollution control officer shall deny a permit, except
as provided in Rule 209, if the applicant does not show that
the use of any equipment, which may cause the issuance of air
contaminants, or the use of which may eliminate or reduce or
control the issuance of air contaminants, is so designed,
controlled, or equipped with such air pollution control equip-
ment, that it may be expected to operate without emitting or
without causing to be emitted air contaminants in violation
of Section 24242 or 24243, Health and Safety Code, or of
these rules and regulations.
b. Before a permit is granted, the air pollution control officer
may require the applicant to provide and maintain such
facilities as are necessary for sampling and testing purposes
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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 lo-
cation of the sampling platform; the access to the sampling
platform; and the utilities for operating the sampling and test-
ing 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 con-
trol 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.
(3.0) RULE 209 Conditional Approval.
The air pollution control officer may issue a permit subject to con-
ditions which will bring the operation of any equipment within the
standards of Rule 208, in which case the conditions shall be specified
in writing. Commencing work under a permit to construct, operation
under a permit to operate, renting or selling under a permit to
rent or sell, shall be deemed acceptance of all the conditions so
specified. The air pollution control officer shall issue a permit
with revised conditions upon receipt of a new application, if the
applicant demonstrates that the equipment can operate within the
standards of Rule 208 under the revised conditions.
(3.0) RULE 210 Denial of Applications.
In the event of denial of a permit the air pollution control officer
shall notify the applicant in writing, of the reasons 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 person served or
affidavit of the person making the service. The air pollution control
officer shall not accept a further application unless the applicant
has complied with the objections specified by the air pollution control
officer as his reasons for denial of the permit.
(3.0) RULE 211 Further Information.
Before acting on an application for a permit the air pollution control
officer may require the applicant to furnish information or further
plans or specifications.
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(3.0) RULE 212 Applications Deemed Denied.
The applicant may at his option deem the permit denied if the air
pollution control officer fails to act on the application within 30
days after filing, or within 30 days after applicant furnishes the
further information, plans
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