U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-296702
Air Pollution Regulations in
State Implementation Plans
California, Ventura County
Abcor, IRC, Wilmington, MA Wolden Div
Environmental Protection Agency, Research Triangle Park, NC Control
Programs Development Div
Aug 78
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PB 296702
United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
EPA-450/3-78-054^45
August 1978
Air
Air Pollution Regulations
in State Implementation
Plans:
REPRODUCED BY
NATIONAL TECHNICAL
| INFORMATION SERVICE
-------
TECHNICAL REPORT DATA
(Please read Instructions on the reverse before completing)
1. REPORT NO.
EPA-450/3-7fr-054-45
2.
3. RECIPIENT
ECIPIEN
PS
4..TITLE.AND SUBTITLE
Air Pollution Regulations 1n State Implementation
Plans: California Ventura County
6. REPORT DATE
August 1978
6. PERFORMINO ORGANIZATION CODE
7. AUTHOR(S)
8. PERFORMING ORGANIZATION REPORT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Walden Division of Abcor, Inc.
Wilmington, Mass.
10. PROGRAM ELEMENT NO.
11. CNTRACT/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,
Ihts document will be updated annually. State and/or local air quality regulations
which have not been Federally approved as of January 1, 1978, are not included here;
omission of these regulations from this document in no way affects the ability of
the respective Federal, State, or local agencies to enforce such regulations.
17.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
b.IDENTIFIERS/OPEN ENDBD TERMS C. COSATI Field/Group
Air pollution
Federal Regulations
Pollution
State Implementation Plans
18. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
19. SECURITY CLASS (This Report/
Unclassified
20. SECURITY CLASS (This page)
Unclassified
EPA Form 2220-1 (9-73)
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Ef»A-46CM3-78-054-45
Air Poliution Regulations
in State Implementation Plans
by
Walden Division of Abcor, Inc.
Wilmington, Massachusetts
Contract No. 68-02-2890
EPA Project Officer: Bob Schell
Prepared for
U.S. ENVIRONMENTAL PROTECTION AGENCY
Office of Air, Noise, and Radiation
Office of Air Quality Planning and Standards
Research Triangle Park, North Carolina 27711
August 1978
I
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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-450/3-78-054-45
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
ERA-APPROVED REGULATION CHANGES
VENTURA COUNTY (APCD)
Submittal Date
6/30/72
7/25/73
7/19/74
10/23/74
11/3/75
2/10/76
4/21/76
11/10/76
11/10/76
Approval Date
9/22/72
8/15/77
8/15/77
8/15/77
8/15/77
7/26/77
8/15/77
7/26/77
8/15/77
Description
All Regs, unless
otherwise stated.
Rules 2, 37, 56,
59, 60, 101.
(Rule 56(A)(1)
is disapproved)
Rules 2, 3, 31,
32, 200, 203, 204
Rules 2, 125
Rules 65, 66, 72,
73
Rules 70, 71
Rules 2, 4, 36,
40, 41, 42, 43,
104, 201, 202
Rule 70
Rules 2, 57, 72,
73, Reg. VII (110-
129)
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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
V1
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50.2 SULFUR COMPOUNDS
50.3 NITRIC OXIDES
50.4 HYDROCARBONS
50.5 CARBON MONOXIDE
50.6 ODOROUS POLLUTANTS
50.7 OTHERS (Pb, Hg. etc.)
51.0 SOURCE CATEGORY SPECIFIC REGULATIONS
51.1 AGRICULTURAL PROCESSES (Includes Grain Handling, Orchard Heaters,
Rice and Soybean Facilities, Related Topics)
51.2 COAL OPERATIONS (Includes Cleaning, Preparation, Coal Refuse
Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
51.3 CONSTRUCTION (Includes Cement Plants* Materials Handling, Topics
Related to Construction Industry)
51.4 FERROUS FOUNDRIES (Includes Blast Furnaces, Related Topics)
51.5 FUEL BURNING EQUIPMENT (coal, natural gas. oil) - Participates
(Includes Fuel Content and Other Related Topics)
51.6 FUEL BURNING EQUIPMENT (coal, natural gas, oil) • S02 (Includes
Fuel Content and Other Related Topics)
51.7 FUEL BURNING EQUIPMENT (oil, natural gas, coal) - N02 (Includes
Fuel Content and Other Related Topics)
51.8 HOT MIX ASPHALT PLANTS
51.9 INCINERATION
51.10 NITRIC ACID PLANTS
51.11 NON-FERROUS SMELTERS (Zn, Cu, etc.) - Sulfur Dioxide
51.12 NUCLEAR ENERGY FACILITIES (Includes Related Topic)
51.13 OPEN BURNING (Includes Forest Management, Forest Fire, 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
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TABLE OF CONTENTS
VENTURA COUNTY REGULATIONS
Revised Standard
Subject Index
—
(2.0)
(i.o)
(2.0)
(2.0)
(2.0)
(2.0)
- -
(3.0)
(3.0)
(2.0)
(2.0)
(9.0)
(3.0)
(3.0)
(2.0)
(3.0)
Regulation
Rule Number
Regulation I
Rule 1
2
3
4
5
6
Regulation II
Rule 10
n
12
13
14
15
16
17
18
(3.0)
19
Page
Title Number
General 1
Title 1
Definitions 1
Advisory Committee 10
Rules Supplemental 11
Effective Date 11
Abbreviations 11
Permits 14
Permits Required 14
Application Contents 15
Statement by Engineer 15
Statement by Applicant 16
Trial Test Runs 16
Permit Issuance 17
Permit Contents 18
Changes In Equipment 19
Permit to Operate Application 19
Required For Existing Equip-
ment
Posting of Permits 20
viii
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Revised Standard Regulation
Subject Index Rule Number
(3.0)
(3.0)
(2.0)
(3.0)
(2.0)
(3.0)
(3.0)
(3.0)
(3.0)
(3.0)
(3.0)
(14.0)
(7.0)
(2.0)
(2.0)
(2.0)
(2.0)
(13.0)
—
(3.0)
(16.0)
Rule 20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
Regulation III
Rule 40
41
Page
Title Number
t '
Transfer of Permit
Expiration of Applications and
Permits
Appeals
Exemptions From Permit
Exemptions From Emissions
Standards
Action on Application
Denial of Permits
Suspension of Permits
Revocation of Permits
Conditions on Permits
Permit Renewal
Public Disclosure of Data
Upset Conditions, Breakdown or
Scheduled Maintenance
Separation of Emissions
Combination of Emissions
SeverablHty
Circumvention
Source Recordkeepi ng and
Reporting
Fees
Permit Fees
Hearing Board Fees
20
21
21
21
28
29
29
30
30
30
31
31
31
32
32
33
33
33
34
34
34
ix -
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Revised Standard
Subject Index
(2.0)
(13.0)
—
(50.1.2)
(50.7)
(50.1)
(50.1.1)
(50.2)
(51.16)
(51.13)
(51.9)
(51.21)
(50.3)
(51.5)(51.6)(51.
(51.16)
(11.0)
(51.16)
(50.2)
(12.0)
(50.4)
Regulation
Rule Number
Rule 42
43
Regulation IV
Rule 50
51
52
53
54
55
56
57
58
59
7) 60
61
62
63
64
65
66
Page
Title Number
Schedule of Fees 34
Technical Reports - Charges
For
Prohibitions
Opacity
Nuisance
Parti cul ate Matter -
Concentration
Parti cul ate Matter -
Process Weight
Sulfur Compounds
Storate of Organic Liquid -
Petroleum Products
Open Fires
Combustion Contaminants -
Specific
Reduction of Animal Matter
Oxides of Nitrogen Emissions
New Non-Mobile Equipment -
Sulfur Dioxide, Nitrogen
Oxides and Parti cul ate Matter
Effluent Oil Water Separators
Hazardous Materials
Organic Liquid - Petroleum
Products Loading
Sulfur Content of Fuels
Gasoline Specifications
Organic Solvents
38
40
40
41
41
44
46
48
49
53
54
55
57
57
58
58
59
60
60
- x -
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Revised Standard Regulation Page
Subject Index Rule Number Title Number
(51.21) Rule 67 Vacuum Producing Devices 67
(50.5) 68 Carbon Monoxide 67
(51.8) 69 Asphalt A1r Blowing 67
(51.16) 70 Gasoline Transfer Into 67
Stationary Storage Containers
(51.16) 71 Transfer of Gasoline Into 70
Vehicle Fuel Tanks
(10.0) 72 New Source Performance 72
Standards
(51.10) 72.1 Standard of Performance of 75
Nitric Add Plants
(51.18) 72.2 Standard of Performance for 76
Sulfurlc Add Plants
(51.8) 72.3 Standard of Performance for 77
Asphalt Concrete Plants
(51.15) 72.4 Petroleum Refineries 77
(51.17) 72.5 Standard of Performance for 79
Secondary Lead Smelters
(51.17) 72.6 Standard of Performance for 80
Secondary Brass and Bronze
Ingot Production Plants
(51.4) 72.7 Standard of Performance for 81
Iron and Steel Plants
(51.9) 72.8 Standard of Performance for 81
Sewage Treatment Plants
(51.21 72.9 Standards of Performance for 82
the Phosphate Fertilizer
Industry
(51.17) 72.10 Standards of Performance for 83
Steel Plants: Electric Arc
Furnaces
(50.7) 73.1 Emission Standard for Asbestos 86
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Revised Standard
Subject Index
(50.7)
(51.21)
(50.7)
Regulation
Rule Number
Rule 73.2
73.3
73.4
Regulation V
(3.0)
(51.1)
(51.1)
(51.1)
(51.1)
(51.1)
—
(9.0)
(9.0)
(2.0)
(9.0)
(15.0)
—
(2.0)
(2.0)
Rule 80
81
82
83
84
85
Regulation VI
Rule 100
101
102
103
104
Regulation VII
Rule 110
111
Page
Title Number
Emission Standard for 99
Beryllium
Emission Standard for 100
Beryllium Rocket Motor
Firing
Emission Standard for Mercury 101
Orchard Heaters 103
Permits 103
Condition of Heaters 104
Burning Rubber and Other 105
Substances
Orchard Heaters: Permitted 105
Types
Non-Complying Heaters: Con- 106
tinued Use of Certain Types
Prohibition of Sale of 106
Heaters
Sampling and Testing 107
Procedures
Analytical Methods 108
Sampling and Testing 109
Facilities
Access to Facilities 110
Source Tests 110
Arrest Authority 110
112
General 112
Filing Petitions 112
xii
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Revised Standard
Subject Index
(2.0)
(5.0)
(2.0)
(3.0)
(2.0)
(2.0)
(2.0)
(16.0)
(16.0)
(2.0)
(2.0)
(2.0)
(2.0)
(2.0)
(2.0)
(3.0)
(16.0)
(2.0)
—
(13.0)
(14.0)
Regulation
Rule Number
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
Regulation IX
Rule 200
201
Title
Contents of Petitions
Petitions for Variances
Appeal from Denial, Suspen-
sion or Conditional Approval
Petitions for Abatement
Orders or Revocation of
Permits
Failure to Comply With
Rules
Answers
Dismissal of Petition
Place of Hearing
Notice of Hearing
Evidence
Official Notice
Decision
Abatement Order
Findings
Effective Date of Decision
Lack of Permit
Compensation - Hearing
Board Members
Burden of Proof
Public Records
Public Records
District's Request For
Page
Number
112
113
H4
115
115
115
115
115
115
116
116
116
117
117
117
118
118
118
119
119
119
Information
xiii
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Revised Standard Regulation Page
Subject Index Rule Number Title Number
(14.0) 202 Inspection of Public 120
Records- Disclosure Policy
(14.0) 203 Inspection of Public 120
Records - Disclosure Pro-
cedure
(14.0) 204 Trade Secrets 122
x1v
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REGULATION I, GENERAL
(2.0) Rule 1. Title
These Rules and Regulations shall be known as the Rules of the
Ventura County Air Pollution Control District.
(1.0) Rule 2. Definitions
Except as otherwise specifically provided in these Rules
and except, where the context otherwise indicates, words
used in these Rules are used In exactly the same sense as
the same words are used in Division 26 of the Health and
Safety Code of the State of California.
1. Acceptable Incinerator. "Acceptable Incinerator" means
any device or contrivance designed to consume combus-
tible refuse without creating objectionable odor, smoke,
or contaminants in excess of specified emission limits.
An acceptable incinerator must have a chimney or flue.
2. Agricultural Operation. "Agricultural Operation" means
an operation directly related to the growing or harvest-
ing of products for human consumption such as food crops,
raising of fowl , or animals, for the primary purpose of
making a profit, of providing a livelihood, or of con-
ducting agricultural research or instruction by an edu-
cational institution.
3. Agricultural Wastes. "Agricultural Wastes" means un-
wanted or unsaleable materials produced wholly from
agricultural operations other than forest or range man-
agement operations.
Examples of Agricultural Wastes include:
(a) Tree trimmings;
(b) Grass and weeds in or adjacent to fields in
cultivation or being prepared for cultivation;
and
(c) Material not produced wholly from agricultural
operations, but which are Intimately related
to the operations and which are used or result
from 1n the field agriculture practices by the
farmer, such as stakes or trimmings from wind-
rows, except as prohibited by District regula-
tions.
4. Air Contaminant. "Air Contaminant" means any emission
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for which allowable discharge limits and/or air quality
standards have been established by the Rules and
Regulations of the Ventura County A1r Pollution Control
District, the State of California A1r Resources Board,
or the Federal government.
5. Air Pollution Abatement Operation. "Air Pollution
Abatement Operation" means any operation which has as
its essential purpose a significant reduction in:
a. the emission of air contaminants, or,
b. the effect of such emission.
6. Air Pollution Control Officer. "Air Pollution Control
Officer" means the Air Pollution Control Officer or his
duly authorized assistants and deputies.
7. Air Quality Standards. "A1r Quality Standards" as used
in these Regulations refers to those ambient air quality
standards as promulgated by State or Federal pollution
control agencies or as described in these Regulations.
8. Applicable. "Applicable" means the applicable standards
as of May 23, 1972.
9. Atmosphere. "Atmosphere means the air that surrounds
the earth but does not Include the general volume of
gases contained in any bona fide building.
10. Authority to Construct. "Authority to Construct" means
a written permit Issued by the Ventura County A1r Pollu-
tion Control District for the construction, erection,
installation, assembling, modification, or replacement
of any facility Including any article, machine, equip-
ment or contrivance the use of which may cause the issu-
ance, reduction, control or elimination of air contami-
nants.
11. Ban. "Ban" means that condition declared by the Air
Pollution Control District for those areas 1n the County
on those days that measured or expected ambient con-
centrations of pollutants exceed State or Federal air
quality standards and which is grounds of the invalida-
tion of any open burning permit issued.
12. Board. "Board" means the Air Pollution Control Board of
the Air Pollution Control District of Ventura County.
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13. Brush Treated. "Brush Treated" means that the material
to be burned has been felled, crushed or uprooted with
mechanical equipment, dried, or has been desiccated with
herbicides.
14. Burn Day. "Burn Day" means a day on which the Air Re-
sources Board and the Ventura County Air Pollution Con-
trol District and the fire protection agency does not
prohibit agricultural burning.
15. Combustible Refuse. "Combustible Refuse" means any
solid or liquid combustible waste material containing
carbon in a free or combined state.
16. Combustion Contaminants. "Combustion Contaminants"
means particulate matter discharged into the atmosphere
from the burning of any kind of material containing
carbon in a free or combined state.
17. Condensed Fumes. "Condensed Fumes" means minute solid
particles generated by the condensation of vapors from
solid matter after volatilization from the molten state,
or which may be generated by sublimation, distillation,
calcination, or chemical reaction, when these processes
create air-borne particles.
18. Construction. "Construction" means the erection, in-
stallation, assembling, modification, or replacement of
any article, machine, equipment or contrivance. Con-
struction begins when any of the following occurs:
ground is broken, equipment is moved into position, or
any connection or attachment 1s done to or for the equip-
ment in question.
19. Crop. "Crop" means any agricultural product grown, pro-
duced, or raised commercially for feed or for human
consumption or in connection with agricultural opera-
tions.
20. District. "District" shall mean the Ventura County Air
Pollution Control District.
21. Dust. "Dust" means minute solid particles released into
the air by natural forces or by mechanical processes
such as crushing, grinding, milling, drilling, demolish-
ing, shoveling, conveying, covering, bagging, sweeping,
etc.
22. Effluent. "Effluent" means the total volume of gases
and/or liquids and/or solids emitted from an emission
-3-
-------
point.
23. Emission. "Emission" means the act of passing into the
atmosphere an air contaminant or a gas stream which may
or may not contain an air contaminant; or the material
so passed into the atmosphere.
24. Emission Data. "Emission Data" are measured or calcu-
lated concentrations or weights of air contaminants
emitted Into the ambient air. Data used to calculate
emission data are not emission data.
25. Emission Point. "Emission Point" means any point from
which any air contaminants are released into the atmos-
phere.
26. Emission Standards. "Emission Standards" as used in
these Regulations means U. S. Federal (EPA), State of
California (ARB) or Ventura County Air Pollution Control
District standards or limits for air contaminant emis-
sions, whichever are the most restrictive.
27. Existing Equipment. "Existing Equipment" means all
equipment which Is in use or 1s under actual construc-
tion as of the date of rule adoption.
28. Fleet Vehicle. "Fleet Vehicles" are gasoline powered
motor vehicles as defined by the Motor Vehicle Code,
Division 1, Section 416 of the State of California
Vehicle Code and operated from one business or govern-
mental entity.
29. Forest Management Burning. "Forest Management Burning"
means the use of open fires as part of a forest manage-
ment practice, to remove forest debris.
30. Frost Protection. "Frost Protection" means the protec-
tion of agricultural crops against damage from frost or
cold weather.
31. Gasoline. "Gasoline" means any petroleum distillate
having a Reid vapor pressure of 4.0 pounds per square
inch or greater, which is sold or intended for sale for
use in motor vehicles or engines and is commonly or
commercially known or sold as gasoline.
32. Hazard. "Hazard" means a potential source of danger or
accident or a dangerous condition.
33. Hazardous Material. "Hazardous Material" means danger-
-4-
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ous, poisonous, corrosive, oxidizing, volatile, flam-
mable, explosive or toxic materials for which Federal,
State or Ventura County industrial safety or other
limits have been established.
34. Head Space. "Head Space" means the gas space above an
organic liquid.
35. Head Space Reactivity. "Head Space Reactivity" of an
organic liquid means that concentration in percent by
volume of reactive compounds which would exist in a gas
in equilibrium with the organic liquid at 14.7 pounds
per square Inch absolute pressure and that temperature
which exists in the source operation.
36. Loading Facility. "Loading Facility" shall mean any
aggregation or combination of organic liquid loading
equipment which 1s located so that all the organic
liquid loading outlets for such aggregation or combina-
tions or loading equipment can be encompassed within any
circle of 300 feet 1n diameter.
37. Motor Vehicle. "Motor Vehicle" as defined in the Cali-
fornla Vehicle Code, Division 1, Section 415. A "motor
vehicle" is a vehicle which is self-propelled.
38. Multip!e-Chamber Inc1nerator. "Multiple-Chamber Inciner-
ator" is any article, machine, equipment, contrivance,
structure, or part of a structure used to dispose of
combustible refuse by burning; consisting of two or more
refractory-lined combustion furnaces in series, physi-
cally 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.
39. Noxious Mist. "Noxious Mist" means a mist which is
harmful, destructive, toxic, dangerous, hazardous, ob-
jectionable, distasteful, obnoxious, offensive, or in-
jurious to physical or mental health.
40. No-Burn Day. "No-Burn Day" means a day on which no open
burning will be allowed.
41. Non-Mobile Equipment. "Non-Mobile Equipment" is equip-
ment which does not need to be registered under the
Vehicle Code of the State of California.
42. Oil-Water Separator. "Oil-Water Separator" means any
device or operation which has as its principle purpose
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separation.of liquid organic compounds from an oil-water
waste.
43. Opacity. "Opacity" means the degree to which emissions
reduce the transmission of light and obscure the view of
the background.
44. Operation. "Operation" means any physical action re-
sulting in a change in location, form, or physical pro-
perties of a material; or any chemical action resulting
in a change in the chemical composition, chemical or .
physical properties of a material.
45. Orchard Heater. "Orchard Heater" means any article,
machine, equipment or contrivance burning any kind of
fuel, which 1s designed, used, maintained, or capable of
being used for protection of agricultural crops against
frost or cold weather; provided, however, that the
devices which are commonly known as "wind machines" are
not included in the terms "orchard heater" or "heater".
46. Organic Compound. "Organic Compound" means any compound
containing carbon and hydrogen or containing carbon and
hydrogen in combination with any other element.
47. Organic Gases. "Organic Gases" means organic compounds
which are emitted into the atmosphere as gases or which
exist as gases after being emitted to the atmosphere.
48. Organic Materials. "Organic Materials" are defined as
chemical compounds of carbon excluding carbon monoxide,
carbon dioxide, carbonic add, metallic carbides, metal-
lic carbonates and ammonium carbonate.
49. Organic Solvents. "Organic Solvents" include diluents
and thinners and are defined as organic materials which
are liquids at standard conditions and which are used
as dlssolvers, viscosity reducers or cleaning agents;
except that such materials which exhibit a boiling
point higher than 220°F at 0.5 millimeter mercury abso-
lute pressure or having an equivalent vapor pressure
shall not be considered to be solvents unless exposed to
temperatures exceeding 220°F.
50. Particulate Matter. "Particulate Matter" means any
material except uncombined water which exists in a
finely devlded form and is a liquid or solid at standard
conditions. Dust shall also be considered as particulate
matter.
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51. Permit to Operate. "Permit to Operate" means a written
permit issued by the Ventura County Air Pollution Con-
trol District for the operation of any facility, article,
machine, equipment, or other contrivance the use of
which may cause the issuance, reduction, control, or
elimination of air contaminants.
52. Person. "Person" means any person, corporation, govern-
ment agency, public officer, association, joint venture,
partnership or any combination of such, jointly or sep-
arately, operating 1n concert for any common objective
related to the purposes of this Regulation. It Includes
the owner, lessor, lessee, tenant, licensee, manager,
and operator, or any of such, of an emission point or
any source operation related thereto, or of any interest
in such emission point or source operation.
53. Photochemicany Reactive Solvent. "Photochemlcally Re-
active Solvent 1s any solvent with an aggregate of more
than 20 per cent of Its total volume composed of the
chemical compounds classified below or which exceeds any
of the following Individual percentage composition limi-
tations referred to the total volume of solvent:
a. A combination of hydrocarbons, alcohols, aldehydes,
esters, or ketones having an olefinic or cyclo-
oleflnlc type of unsaturation: 5 percent;
b. A combination of aromatic compounds with eight or
more carbon atoms to the molecule except ethyl-
benzene: 8 percent.
c. A combination of ethylbenzene, ketones having
branched hydrocarbon structures, trichloroethylene
or toluene: 20 percent.
54. Point Source. "Point Source" means any non-mobile or
stationary source capable of causing emissions in excess
of twenty-five (25) tons per year of any "air contami-
nant."
55. PPM. "PPM" means parts per million by volume.
56. Process Weight. "Process Weight" means the total weight
of all materials Introduced into a source operation in-
cluding solid fuels, but excluding combustion air and
liquids and gases used solely as fuels or as a means of
conveyance. Liquids and gases shall be included only in
the process weight to the extent that they chemically
react in the formation of the final product or to the
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extent that they remain in combined form as an integral
part of the final product. Process weight rate means a
rate established as follows:
a. For continuous or long run steady state source
operation, the total process weight for the entire
period of continuous operation or for a typical
portion thereof, divided by the number of hours of
such period or portion thereof.
b. For cyclical or batch source operation, the total
process weight for a period which covers a complete
operation or integral number of cycles, divided by
the hours of actual process operation during such
periods, excluding any time during which the equip-
ment is idle.
57. Public Record. "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 Regulation IX, Rule
200, Paragraph C.
58. Range Improvement Burning. "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 presently
uncultivated land.
59. Reactive Organic Compounds. "Reactive Organic Compounds"
means all olefins (except perchlorethylene), aromatics
(except benzene), aldehydes, ketones, ethers, esters and
cyclo-olefinic aldehydes.
60. Record. "Record" means handwriting, typewriting, print-
ing, photostating, photographing, and every other means
of recording upon any form of communication or represen-
tation, including letters, words, pictures, sounds, or
symbols, or combinations thereof, and all papers, maps,
magnetic or paper tapes, photographic films and prints,
magnetic or punched cards, discs, drums, and other docu-
ments.
61. Reduction of Animal Matter. "Reduction of Animal Matter"
means processing of animal matter by any process, in-
cluding rendering, cooking, drying, dehydration, diges-
tion, evaporation, and protein concentration but not in-
cluding any processing of food for human consumption.
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62. Regulation. "Regulation" means one of the major cate-
gories of the Rules of the Air Pollution Control Dis-
trict of Ventura County.
63- R"le- "Rule" means a Rule of the Air Pollution Control
District of Ventura County.
64. Schedule of Increments of Progress. "Schedule of Incre-
ments of Progress" means a statement of dates when vari-
ous steps are to be taken to bring a source of air con-
taminants into compliance with emission standards and
shall include, to the extent feasible, the following:
a. The date of submittal of the final plan for the con-
trol of emissions of air contaminants from that
source to the Air Pollution Control District.
b. The date by which contracts for emission control
systems or process modifications will be awarded, or
the date by which orders will be issued for the pur-
chase of component parts to accomplish emission con-
trol or process modification.
c. The date of initiation of on site construction or
installation of emission control equipment or pro-
cess change.
d. The date by which on site construction or installa-
tion of emission control equipment or process modi-
fication is to be completed.
e. The date by which final compliance is to be achieved.
f. Such other dates by which other appropriate and
necessary steps shall be taken to permit close and
effective supervision of progress toward timely
compliance.
65. Section. "Section" means the Section of the Health and
Safety Code of the State of California unless some other
regulation is specifically indicated.
66. Silvicultural. "SiIvicultural" means the establishment,
development, care and reproduction of stands of timber.
67. Solid Particulate Matter. "Solid Particulate Matter" in-
cludes any material which would become solid at standard
conditions of temperature and pressure.
68. Source Operation. "Source Operation" means the last
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operation preceding the emission of an air contaminant
which operation:
a. results in a separation of the air contaminants in
the process materials or in the conversion of the
process materials into air contaminants as in the
case of combustion of fuel, and,
b. is not an air pollution abatement operation.
69. Standard Conditions. "Standard Conditions" means a gas
temperature of 70 degrees Fahrenheit (21.1° Centigrade)
and a gas pressure of 14.7 pounds per square inch (760
mm. Hg) absolute. Results of all analyses and tests
shall be calculated and reported at this gas temperature
and pressure unless otherwise called for.
70' Startup. "Startup" means the setting in operation of an
affected facility for any purpose.
71. Stationary Source. "Stationary Source" means any build-
ing, structure, facility, or installation which emits or
may emit any air pollutant.
72. Submerged Fill Pipe. "Submerged Fill Pipe" means any
fill pipe or discharge nozzle which meets any one of the
following conditions:
a. The bottom of the discharge pipe or nozzle is below
the surface of the liquid in the receiving vessel for
at least 95 percent of the volume filled.
b. The The bottom of the discharge pipe or nozzle is six
inches or less from the bottom of the receiving
vessel.
c. The bottom of the discharge pipe or nozzle is less
than two pipes or nozzle diameters, whichever is
smaller, from the bottom of the receiving vessel.
73. Timber Operations. "Timber Operations" means cutting or
removal of timber or other forest vegetation.
(2.0) Rule 3. Advisory Committee
The Air Pollution Control Board shall appoint an Air Pollu-
tion Control Advisory Committee to advise and consult with
the Board and the Air Pollution Control District on making
and amending Rules and Regulations and such other matters as
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the Air Pollution Control Board or Air Pollution Control
District may refer to it. The Committee shall consist of
the Chairman of the Air Pollution Control Board as an ex-
officio member and five to fifteen members who are skilled
and experienced in the field of air pollution control. One
to three members shall be appointed from each supervisorial
district of the County of Ventura.
B. The Committee shall select a chairman and vice chairman and
such other officers as it deems necessary.
C. The Committee shall serve without compensation but may be
allowed actual expenses incurred in the discharge of their
duties. The Committee shall meet as frequently as the Air
Pollution Control Board or Committee deem necessary.
(2.0) Rule 4. Rules Supplemental
All Rules, Regulations, and Ordinances adopted by the Air Pollu-
tion Control District are supplemental to the provisions of Di-
vision 26 of the Health and Safety Code. In the event of con-
flicting provisions, the most restrictive shall prevail.
(2.0) Rule 5. Effective Date
All Rules are effective for all equipment as of the effective
date of their adoption, unless indicated otherwise. When an
effective date is otherwise Indicated, existing equipment shall
be subject to the previous Rules until the newly adopted Rule
becomes effective.
(2.0) Rule 6. Abbreviations
B.T.U. - British Thermal Unit(s)
cal. - calorle(s)
c.f.m. - cubic feet per minute
CO - carbon monoxide
C02 - carbon dioxide
g. - gram(s)
gr. - grain(s)
mg. - milligram(s)
mm. - millimeter(s)
1. - liter(s)
Hg. - mercury
in. - inch(es)
Ib. - pound(s)
ml. - milliliter(s)
% - percent
NO - nitric oxide
N02 - nitrogen dioxide
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ppm - part per million
s.c.f. - standard cubic feet
s.c.f.m. - standard cubic feet per minute
SO? - sulfur dioxide
HpS - hydrogen sulfide
min. - minute
hr. - hour
vol. - volume
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ADMINISTRATION AND ENFORCEMENT
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REGULATION II, PERMITS
.Exist. Permit Application Required
Except as otherwise provided In the Air Pollution Control Dis-
trict Rules, before any person either Installs, operates, rents,
or uses any article, machine, equipment, or other contrivance
the use of which may cause the Issuance of any air contaminant,
he shall apply for a Permit to Operate from the Air Pollution
Control Officer. A separate permit application shall be required
for each non-contiguous property or location.
(3.0) Rule 10. Permits Required (except as listed In Rule 23)
A. Authority to Construct
Any person building, erecting, or installing any facility
including any facility, article, machine, equipment or other
contrivance which may result in the emission of air contami-
nants shall first obtain written authorization for such con-
struction from the Ventura County A1r Pollution Control Dis-
trict. In addition, any person who plans any modification
or replacement of such facility or equipment which may in-
crease the emissions of the operation shall first obtain
written authorization for such construction from the Ventura
County Air Pollution Control District. All other modifica-
tions shall comply with Rule 17.
Such an Authority to Construct shall remain in effect until
the Permit to Operate the equipment for which the application
was filed is granted, denied, or cancelled. A separate per-
mit application shall be required for each non-contiguous
property or location.
B. Permit to Operate
Before any person either operates, uses, or offers for use
any facility including any article, machine or other contri-
vance the use of which may result in the emission of any air
contaminant, he first shall obtain a Permit to Operate from
the Air Pollution Control District. A separate permit appli-
cation shall be required for each non-contiguous property or
location.
Exist. Permit Application Contents
The application for a permit shall contain a 11st and descrip-
tion of the equipment with its function and use explained. The
Air Pollution Control District may request such additional plans,
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specifications, and supportive data as deemed necessary to show
compliance with all rules and regulations of the District.
(3.0) Rule 11. Application Contents
A. Applications for an Authority to Construct or Permit to Op-
erate under Rule 10 shall be filed with the A1r Pollution
Control District on the appropriate form, and shall include
a list and description of the equipment with its function
and use explained. Submitted with the application shall be
such plans, specifications, analyses, calculations, suppor-
tive data and any actual or available comparable test data
as deemed necessary to show compliance with all applicable
State or Federal emission or air quality standards and all
Rules and Regulations of the District, and, for any "point
source", to substantiate predicted quantitative effects of
any such emissions on the ambient air quality relative to
"air quality standards". The A1r Pollution Control District
may request additional Information as deemed necessary.
B. Every person is guilty of a misdemeanor who knowingly makes
any false statement In any application for a permit or in
any information, analyses, plans or specifications submitted
either in conjunction therewith, or at the request of the
Air Pollution Control District. (Health and Safety Code
Section 24277)
Exist. Statement by Engineer
Prior to the operation of the equipment on a production basis,
the applicant shall submit a statement signed by a registered
engineer of the State of California or by someone approved by
the Air Pollution Control Board to read as follows: "I am
familiar with the rules of the Ventrua County Air Pollution
Control District and the equipment which 1s the subject of
Permit Application No. , and It 1s my Information and
belief that emissions from the equipment listed herein will
comply with said rules and regulations."
(2.0) Rule 12. Statement by Engineer
Prior to the issuance of an Authority to Construct or Permit to
Operate by the Air Pollution Control District, the applicant
shall submit a statement signed by a registered professional
engineer of the State of California to read as follows: "I am
familiar with the Rules and Regulations of the Ventura County
Air Pollution Control District and the equipment which is the
subject of this application, and I certify that the equipment
listed herein 1s capable of complying with said Rules and Regu-
lations when operated properly."
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Exist. Statement by Applicant
In addition to the application and at the time the application
for a permit 1s made, the applicant shall submit a statement
to the effect that the applicant Is familiar with the rules and
regulations of the Ventura County A1r Pollution Control District
and that it Is his information and belief that the design and
operation of the plant and equipment which is the subject of
the application will comply with said rules and regulations.
(2.0) Rule 13. Statement by Applicant
At the time the application is made, the applicant shall submit
a signed statement to read as follows: "I am familiar with the
Rules and Regulations of the Ventura County Air Pollution Con-
trol District and I certify that the operation of the plant and/
or equipment which is the subject of the application will com-
ply with said Rules and Regulations."
Exist. Trial Test Runs
The applicant shall have the right to trial test run equipment
prior to receipt of a permit, provided the following procedure
is followed:
A. Notify the Air Pollution Control Officer of the time and
place and the equipment involved in such trial test runs.
This notification is to be in writing at least seven (7)
days prior to such a test run.
B. Trial test runs to be limited to 24 hours in any one calen-
dar month. The A1r Pollution Control Officer has the right
to be present at such trial test runs if he so desires.
C. Additional time beyond the 24 hours in any one calendar
month can only be granted by the Air Pollution Control Of-
ficer or by the Hearing Board.
D. Trial test runs on any piece of equipment that has not been
changed or rebuilt can be stopped at the discretion of the
Air Pollution Control Officer after a total of 72 hours in
any three calendar months.
(9.0) Rule 14. Trial Test Runs
The applicant shall have the right to trial test run equipment
prior to application for or receipt of a Permit to Operate, pro-
vided the following procedure is followed:
A. Notify the Air Pollution Control District of the time and
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place and the equipment Involved 1n such trial test runs.
This notification 1s to be In writing and must be received
by the A1r Pollution Control District at least seven (7)
days prior to such a test run.
B. Trial test runs to be limited to twenty-four (24) hours
1n any one calendar month. An A1r Pollution Control Dis-
trict representative has the right to be present at such
trial test runs if he so desires.
C. Additional time beyond the twenty-four (24) hours in any
one calendar month can be granted only by the Air Pollution
Control District or by the Hearing Board.
D. Trial test runs on any piece of equipment that has not
been changed or rebuilt can be stopped at the discretion of
the Air Pollution Control District after a total of
seventy-two (72) hours in any three (3) calendar months.
Exist. Issuance of Permit
Upon receipt of the application as required by Rules 10 and 11,
and the statements required in Rules 12 and 14, and upon pay-
ment of the fee as required in Rules 40 and 43, the Air Pollu-
tion Control District may issue a Permit to Operate. The Per-
mit may be denied unless compliance with the Rules and Regula-
tions of the District has been shown or demonstrated.
(3.0) Rule 15. Permit Issuance
A. Upon receipt of the applications and supportive data as
required by Rules 10 and 11, and the statements required in
Rules 12 and 13, and uppn payment of the fee as required in
Regulation III, the Air Pollution Control District may
Issue an Authority to Construct or Permit to Operate pro-
vided that no applicable State or Federal emission standards
or Rules and Regulations of the District will be violated.
B. Before an Authority to Construct or a Permit to Operate is
granted, the A1r Pollution Control District may require the
applicant to provide and maintain such facilities and in-
struments as are necessary for sampling and testing in order
to secure or provide information that will disclose the
nature, extent, quantity, or degree of air contaminants
discharged into the atmosphere from the article, machine,
equipment, or other contrivance described in the Authority
to Construct or Permit to Operate.
C. Should the Air Pollution Control District evaluation of the
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application material for an Authority to Construct show
that the subject facility and/or equipment and operations
Is capable of operations in compliance with any applicable
State and Federal emission standards or the Rules and Reg-
ulations of the District and 1s not expected to signifi-
cantly degrade ambient air quality relative to the "Ambi-
ent A1r Quality Standards," the Authority to Construct or
a conditional Authority to Construct may be granted.
D. Should the A1r Pollution Control District evaluation of
the application material for the Permit to Operate show
that the subject facility and/or equipment and operations
are constructed and operated 1n accordance with the Auth-
ority to Construct (as 1n Rule 15C) and will not operate
1n violation of any applicable ("existing" source) State
or Federal emission standards or Rules and Regulation of
the District, a Permit to Operate or a conditional Permit
to Operate may be Issued.
Exist. Permit Contents
The Permit shall contain in part as follows: "In reliance
upon the statement of a registered professional engineer or
other authorized person that the emission from the equipment
described herein meet the rules and regulations of the Air
Pollution Control District, permission Is hereby granted to
operate; provided, however, the permission granted hereby shall
not be construed to permit said equipment to operate so as to
violate the performance standards contained in the rules of the
Air Pollution Control District."
(3.0) Rule 16. Permit Contents
The Authority to Construct shall contain 1n part the fol-
lowing statement: "In reliance upon the statement of a
registered professional engineer that the emissions from
the equipment herein described are capable of complying
with the Rules and Regulations of the Air Pollution Con-
trol District, authorization is hereby granted to construct;
provided, however, the authorization granted hereby shall
not be construed as an endorsement by the Air Pollution
Control District that such equipment shall be capable of
operating in conformance with the Rules and Regulations
of the Ventura County A1r Pollution Control District."
The Permit to Operate shall contain, in part, the following
statement: "In reliance upon the statement of the appli-
cant that the operation of the equipment described herein
shall meet the requirements as specified in the Rules and
Regulations of the Air Pollution Control District, permis-
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sion Is hereby granted to operate; provided, however, the
permission granted hereby shall not be construed to permit
said equipment to operate in violation of any applicable
State or Federal emission standard or Rules and Regula-
tions of the District."
Exist. Changes 1n Equipment
Information regarding any changes made to the original list of
equipment shall be supplied to the Air Pollution Control Of-
ficer within 30 days after such changes.
(2.0) Rule 17. Changes in Equipment
Information regarding any changes made to facilities or equip-
ment listed in applications for Authority to Construct and/or
Permit to Operate, which may change emissions of air contami-
nants, except for short term adjustments or modifications,
shall be supplied to the A1r Pollution Control District within
thirty (30) days after such changes and shall be made by
written request for revision to the Authority to Construct or
the Permit to Operate. Such changes shall Include but are not
limited to, changes in reported process weight, materials or
mechanical alterations, process flow modifications and equip-
ment changes.
Exist. Permit Application Required for Existing Equipment
Persons having equipment or facilities, the operation of which
may produce any air contaminant, shall apply for a permit
within ninety (90) days after adoption of this Rule. Until
such a permit 1s granted, a copy of the application for such
permit shall be maintained on the premises as per Rule 19.
A. The permit procedure shall be the same as that required for
new equipment (Rule 11) except for the Test Procedure
(Rule 13) and Statement by Applicant (Rule 12) which are
not required.
B. A permit will be Issued when Rule 14 1s complied with.
Owners of existing equipment shall be granted a reasonable
length of time, not to exceed one (1) year from the adoption of
this Rule, to secure a permit (comply with the rules and regu-
lations of the A1r Pollution Control District in accordance
with Rule 14) or secure a permit and variance; provided, how-
ever, that nothing stated herein shall be construed to permit
any person to violate any provision of Health & Safety Code
Section 24198 et seq.
(3.0) Rule 18 Permit to Operate Application Required for Existing Equipment.
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Persons having.equipment or facilities, existing.or under
construction, not presently Under permit, the operation of
which may emit any air contaminant, shall apply for a Permit
to Operate within 90 (ninety) days after adoption of this
Rule. Until such a permit is granted, a copy of the application
for such Permit shall be maintained on the premises as per
Rule 19. The Permit submittal procedures shall be the same as
those required for new equipment as specified in these Rules
and Regulations.
Exist. Posting of Permit to Operate.
A person who has been granted a Permit to Operate any article,
machine, equipment, process or other contrivance shall keep
such permit in a room or office on the premises readily
accessible to Air Pollution personnel from the Air Pollution
Control District for inspection or examination and reasonably
close to the equipment or other contrivance which is the subject
of such permit.
(3.0) Rule 19. Posting of Permits.
A person who has been granted an Authority to construct or a
Permit to Operate any article, machine, equipment, process or
other contrivance shall keep such permit in a room or office on
the premises readily accessible to inspection personnel from the
Air Pollution Control District. Permits, or a facsimile thereof,
shall be posted reasonably close to the equipment or other
contrivance which is the subject of such permit(s).
Exist. Transfer of Permit to Operate.
The Permit to Operate shall not be transferrable by operation
of law or otherwise from one location to another nor from one
installation requiring a permit to another, but it may be trans-
ferred from one person to another upon payment of the required fee.
(3.0) Rule 20. Transfer of Permit.
The Authority to Construct or Permit to Operate shall not be
transferrable by operation of law or otherwise from one location
to another or from one installation or equipment item requiring
a Permit to another, except for those items specifically noted
on the Permit as being portable and/or relocatable which were
previously approved for operation. Permits may be transferred
from one person to another upon submittal of the appropriate
application and payment of the required fee.
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Exist. Cancellation of Application.
Application to receive a Permit to Operate a new plant and
equipment shall expire and the application shall be cancelled
two years from the date of the original request, provided,
however, that the original request is renewable for two year
periods upon application by the applicant prior to the
cancellation of the original application. The applicant
shall pay the required fee for renewal.
(3.0) Rule 21. Expiration of Applications and Permits.
A. An Authority to Construct shall expire and be cancelled
if construction has not begun within one year of the date
of issuance.
B. An application for Permit to Operate shall expire and the
application shall be cancelled if operations have not
started within one year of completion of construction. The
original permit application, however, 1s renewable for one
year periods upon application prior to the cancellation of
the original permit application. The applicant shall pay
the required fee for renewal.
Exist. Appeals.
Within ten days after notice by the Air Pollution Control Officer
of denial of conditional approval of a Permit to Operate, the
applicant may petition the Hearing Board in writing for a public
hearing held within thirty 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) Rule 22. Appeals.
Within ten (10) days after notice by the Air Pollution Control
District of denial, suspension or conditional approval of an
Authority to Construct or Permit to Operate, the applicant may
petition the Hearing Board In writing for a public hearing. The
Hearing Board after notice and a public hearing held in
accordance with these Regulations and within thirty (30) days
after filing the petition may sustain or reverse the action of
the Air Pollution Control District. Such order may be made
subject to specified conditions.
(3.0) Rule 23. Exemptions From Permit.
The following operations, equipment or emission sources are
exempt from requiring a Permit but must comply with emission
standards and prohibitions except as exempted in Rule 24. The
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applicant shall provide calculations and/or operational
data as necessary to substantiate any exceptions which apply
to the subject facility and as may be required by the District
to substantiate such exemption.
A. Burning, Incineration, Smoke.
1. Open outdoor fires used only for recreational purposes,
heating or occasional cooking of food for human consump-
tion, where such use 1s accomplished 1n a fireplace or
barbecue pit.
2. Smoke generators which are intentionally operated for
purposes of training observers in observing the shade
or opacity of emissions.
3. Acceptable 1ncincerators used exclusively in connection
with any structure designed and used exclusively as a
residential dwelling for not more than four (4) families.
B. Dust.
1. Material stock piles.
2. Blasting with explosives.
3. Mobil equipment which 1s used solely for the movement
of solid materials.
4. Equipment used for buffing (except automatic or semi-
automatic tire buffers), polishing, carving, cutting,
drilling, machining, routing, sanding, sawing, surface
grinding or turning of ceramic artwork, ceramic precision
parts, leather, metals, plastics, rubber, fiberboard,
masonry, asbestos, carbon or graphite.
5. Equipment used for carving, cutting, drilling, surface
grinding, planning, routing, sanding, sawing, shredding
turning of wood or paper, or the pressing or storing of
sawdust, wood chips or wood shavings.
6. Blast cleaning equipment using a suspension of abrasive
in water.
7. Abrasive blast cabinet-dust filter integral combination
units where the total Internal volume of the blast section
is 50 cubic feet or less.
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8. Batch mixers of 5 cubic feet rated working capacity
or less.
9. Tumblers used for the cleaning or deburrlng of metal
products without abrasive blasting.
10. Lint traps used exclusively 1n conjunction with dry
cleaning tumblers.
11. Laundry dryers, extractors or tumblers used for fabrics
cleaned only with water solutions of bleach or
detergents.
C. Heaters, Boilers.
1. Space heating and heat transfer equipment exclusively using
natural gas or liquefied petroleum gas fuel and rated at
less than one million BTU's per hour.
2. Equipment used exclusively for steam cleaning.
3. Natural draft hoods, natural draft stacks or natural
draft ventilators.
D. Vehicles, Engines.
1. Aircraft and vehicles as defined by the Vehicle Code of
the State of California, and the filling of fuel tanks
attached to such equipment but not Including any equipment
mounted on such vehicle that would otherwise come under the
jurisdiction of these Rules and Regulations.
2. Any non-mobile Internal combustion engine of 750 Brake
Horsepower or less using natural gas or liquefied
petroleum gas as Its sole source of fuel.
3. Vehicles used to transport passengers or freight.
4. Self-powered vehicular mounted concrete mixing units.
E. Food Preparation, Processing, Household.
1. Equipment used in connection with any structure
designed and used exclusively as a residential dwelling.
2. Equipment and processing plant equipment used exclusively
and directly for the purpose of preparing food for human
consumption where no organic solvents are used.
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3. Vacuum cleaning systems used exclusively for
Industrial, commercial, Institutional or residential
housekeeping purposes.
4. Comfort air conditioning or ventilating systems which are
not designed to remove air contaminants generated by or
released from specific units of equipment.
5. Refrigeration units except those used as, or in
conjunction with, air pollution control operations.
F. Storage and Loading of Liquids and Gases, Organic Gas Emissions.
1. Any equipment which emits less than 20 pounds per day of
organic gases.
2. Storage in or loading into any tank having a capacity
of 250 gallons or less which was installed prior to
the date of adoption of this Rule (May 23, 1972).
3. Equipment for loading and storing of an organic liquid
into any stationary storage tank having a capability of
holding 250 gallons or less.
4. Equipment for loading of organic liquid into transportable
containers of 100 gallons or less.
5. Equipment for loading of a maximum of 500 gallons per
calendar day or less of organic liquid into transportable
containers.
6. Containers for the storage of unheated asphalt.
7. Unheated solvent dispensing containers, unheated non-
con veyori zed solvent rinsing containers, or unheated
nonconveyorlzed coating dip tank of 100 gallons capacity
or less.
8. Equipment for melting and applying coatings of oils, waxes,
greases, resins, and like substances where no reactive
organic solvents, diluents or thlnners are used.
9. Equipment used exclusively for the manufacture of water
emulsions of asphalt, greases, oils or waxes or the
manufacture of waterbased adhesives or waterbased paints.
10. Equipment directly and exclusively used for producing
and gathering crude oil.
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11. Equipment used to compress, store, liquify or separate
gases from the air or to compress or store natural
hydrocarbon gases, other than engines.
12. Equipment used exclusively to mill or grind coatings
and molding compounds where all materials charged are
1n paste form.
G. Experimental Operations.
Bench scale experimental or research operations and equipment
used exclusively for Investigation, experimentation or
research to advance the state of air pollution control
knowledge or to Improve techniques provided, however, the
A1r Pollution Control Officer has given express prior
approval which shall Include limitation of time.
H. Plastics and Rubber.
1. Presses used for the curing of rubber products and plastic
products.
2. Ovens used exclusively for the curing of plastics which
are concurrently being vacuum held to a mold or for the
softening or annealing of plastics.
3. Equipment used for compression molding or injection
molding of plastics.
4. Mixers for rubber or plastics where no material in
powder form 1s added and no organic solvents, diluents
or thlnners are used.
5. Ovens used exclusively for the curing of vinyl plastisols
by the closed mold curing process.
6. Roll mills or calender for rubber or plastics where
no organic solvents, diluents or thlnners are used.
7. Ovens used exclusively for curing potting materials or
castings made with epoxy resins.
8. Equipment used exclusively for conveying and storing
plastic pellets.
I. Metals and Ceramics.
1. Porcelain enameling furnaces, porcelain enameling
drying ovens, vitreous enameling furnaces or vitreous
enameling drying ovens of one minion BTU's per hour or
less heat input.
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2. Kilns used for firing ceramic ware, heated
exclusively by natural gas, liquefied petroleum
gas, electricity or any combination thereof of one
minion BTU's per hour or less heat Input.
3. Equipment used exclusively for heat treating or
sintering glass or metals or for case hardening metals
of one million BTU's _per hour or less heat input.
4. Presses used exclusively for extruding metals, minerals,
plastics or wood where no heat is applied.
5. Equipment used for hydraulic or hydrostatic testing.
6. Equipment used for inspection of metal products.
7. Brazing, soldering or welding equipment.
8. Molds used for the casting of metals.
9. Equipment using dilute aqueous solutions for surface
preparation, cleaning stripping, etching (does not
Include chemical milling) or the electrolytic plating
with electrolytic polishing of, or the electrolytic
stripping of brass, bronze, cadmium, copper, iron, lead,
nickel, tin, and zinc.
10. Equipment used for washing or drying products fabricated
from metal or glass, provided that no volatile organic
materials are used in the process and that no oil or
solid fuel is burned.
11. Crucible furnaces, pot furnaces, or induction furnaces,
with a capacity of 1000 pounds or less each with fail-
safe temperature controllers preventing vajjor boil-off,
in which no sweating or distilling is conducted and
from which only the following metals are poured or in
which only the following metals are held in a molten
state:
a. Aluminum or any alloy containing over 50 percent
aluminum.
b. Magnesium or any alloy containing over 50 percent
magnesium.
c. Lead or any alloy containing over 50 percent lead.
d. Tin or any alloy containing over 50 percent tin.
e. Zinc or any alloy containing over 50 percent zinc.
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f. Copper.
g. Precious metals.
12. Crucible type or pot type furnaces with a brimful
capacity of less than 450 cubic inches of any
molten metal.
J. Miscellaneous.
1. Laboratory equipment used exclusively for chemical or
physical analyses or experiments.
2. Vacuum producing devices in laboratory operations or in
connection with other equipment which is exempt by
this rule.
3. All sheet-fed printing presses without dryers and all other
printing presses without dryers using exclusively inks
containing less than 10% organic solvents, diluents or
thinners.
4. Photographic process equipment by which an image is repro-
duced upon material sensitized to radiant energy.
5. Equipment used exclusively to package Pharmaceuticals
or cosmetics or to coat pharmaceutical tablets.
6. Shell-core and shell-mold manufacturing machines.
7. Die casting machines.
8. Equipment used exclusively for bonding lining to brake shoes,
9. Valves and flanges.
10. Cooling towers and ponds.
11. Equipment used exclusively for the dyeing or stripping
(bleaching) of textiles where no organic solvents,
diluents, thinners or sulfur compounds are used.
12. Any article, machine, equipment, contrivance or their
exhaust systems, the discharge from which contains
airborne radioactive materials and which is emitted into
the atmosphere in concentrations above the natural radio-
active background concentration in air. "Airborne radio-
active material" means any radioactive material dispersed
in the air in the form of dusts, fumes, smoke, mists,
liquids, vapors or gases.
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Atomic energy development and radiation protection
are controlled by the State of California to the
extent 1t has jurisdiction thereof, in accordance with the
advice and recommendations made to the Governor by
the Advisory Council on Atomic Energy Development and
Radiation Protection. Such development and protection are
fully regulated by the United States Atomic Energy
Commission to the extent that such authority has not been
delegated to the states.
13. Identical replacements in whole or in part of any
article, machine, equipment or other contrivance where
a Permit to Operate had previously been grated for
such equipment.
(2.0) Rule 24. Exemptions from Emission Standards.
The following operations, equipment or emissions are exempt from
emission standards and prohibitions:
A. Exempt from Rule 50 (Opacity)
1. Smoke from fires permitted under Rule 56.
2. Smoke from fires set pursuant to Permit for Open Burning
issued by the Air Pollution Control Officer or Fire Pro-
tection Agency.
3. Agricultural operations in the growing of crops, or raising
of fowl, or animals.
4. The use of an orchard heater which does not produce
unconsumed solid carbonaceous matter at a rate in excess
of one (1) gram per minute.
5. The use of other equipment 1n agricultural operations in
the growing of crops, or raising of fowl or animals.
6. Orchard heaters purchased before October 22, 1968 which
produce greater than one (1) gram per minute unconsumed
solid carbonaceous matter and remain in use under Rule 84
until March 9, 1973.
7. Source emissions when the presence of uncombined water is
the only reason for the failure of an emission to meet the
limitations of Rule 50. The burden of proof which establishes
the application of Rule 50 shall be upon the person seeking
to come within its provisions.
B. Exempt from Rule 51 (Nuisance) - as per California Health &
Safety Code Section 24251.1.
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1. Odors emanating from agricultural operations 1n the
growing of crops or raising of fowl or animals.
(3.0) Rule 25. Action on Applications.
The Air Pollution Control District shall act within 60 days,
after receipt of all required Information, on an application
for Authority to Construct or Permit to Operate and shall
notify the applicant 1n writing of the approval, conditional
approval, or denial.
(3.0) Rule 26. Denial of Permits.
A. The A1r Pollution Control District shall deny an Authority
to Construct or Permit to Operate if the applicant does not
show to the satisfaction of the A1r Pollution Control District
that every facility Including every article, machine, equipment
or other contrivance the use of Which may cause the issuance
of air contaminants, or the use of which may not eliminate,
reduce or control the Issuance of air contaminants, 1s so
designed, controlled, or equipped with such air pollution
control equipment, that it may be expected to operate without
emitting or without causing to be emitted air contaminants in
violation of any applicable State or Federal standard of the
Rules and Regulations of the District. Also, the Authority to
Construct shall be denied should the subject facility and/or
equipment and operations be expected to result in emissions of
air contaminants which will significantly degrade ambient air
quality relative to the "Air Quality Standards".
B. In acting upon a Permit to Operate, if the Air Pollution
Control District finds that the facility, article, machine,
equipment or other contrivance has been constructed not in
general accordance with the plans or drawings submitted in the
application or revision to the Authority to Construct, the
Permit to Operate may be denied. The Air Pollution Control
District shall not be required to accept any further application
for Permit to Operate the facility, article, machine, equipment
or other contrivance so constructed until the facility, article,
machine, equipment or other contrivance has been reconstructed
or modified in accordance with the Authority to Construct.
C. In the event of denial of an Authority to Construct or Permit
to Operate, the Air Pollution Control District shall notify
the applicant in writing of the reasons therefore. Service of
this notification may be made in person or by mail, and such
service may be substantiated by the written acknowledge-
ment of the persons served or affidavit of the person making the
service. The A1r Pollution Control District shall not be
required to accept a further application unless the applicant
has complied with the objections specified by the Air Pollution
Control District as their reasons for denial of the Authority
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to Construct or Permit to Operate.
C. In the event of denial of an Authority to Construct or
Permit to Operate, the Air Pollution Control District 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 substantiated by the written
acknowledgement of the persons served or affidavit of the
person making the service. The Air Pollution Control
District shall not be required to accept a further application
unless the applicant has complied with the objections specified
by the Air Pollution Control District as their reasons for
denial of the Authority to Construct or Permit to Operate.
(3.0) Rule 27. Suspension of Permits.
A. If the holder of any permits provided by the Rules or Regula-
tions of the Ventura County Air Pollution Control District
willfully falsifies or within a reasonable time refuses to
furnish information, analyses, plans, or specifications
requested by the Air Pollution Control District, the Air
Pollution Control District may suspend the permit. Notice
in writing shall be served on the permittee Informing him of
such suspension and reasons therefor.
B. The Air Pollution Control District shall reinstate a suspended
permit when all information, analyses, plans, and specifications
or other Items as called for in the written notice of suspension
are furnished, to the satisfaction of the District, or when, in
the opinion of the District, good reasons exist therefor.
C. Every permittee who will fully fails or neglects to furnish in-
formation, analyses, plans, or specifications required by the
Air Pollution Control District is guilty of a misdemeanor.
(Health & Safety Code Section 24282).
(3.0) Rule 28. Revocation of Permits.
If the holder of any permit provided for by the Rules and
Regulations of the Ventura County Air Pollution Control District
violates any Rules or Regulations of the District, the Air Pollution
Control Officer may'request the Hearing Board to hold a public
hearing to determine whether the permit should be revoked. Notice
in writing shall be served on the permittee by mail informing him
of such action and reasons therefor.
(3.0) Rule 29. Conditions on Permits.
The Air Pollution Control District may apply any reasonable condi-
tions to an Authority to Construct or a Permit to Operate necessary
to assure and/or demonstrate that any article, machine, equipment
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or other contrivance operated within all applicable State and
Federal Emission Standards and the Rules and Regulations of
the District. Such conditions shall be specified In writing.
Appeals to conditions may be made 1n accordance with Rule 22.
(3.0) Rule 30. Permit Renewal.
Persons holding a Permit to Operate shall verify and update
application Information 1n writing within 45 days of notification
at three (3) year Intervals following Permit Issuance. In
addition, Permit renewal application shall be required within
45 days upon A1r Pollution Control District Identification of
unreported changes 1n the facility, equipment or operation as
required 1n Rule 17.
Upon receipt of application materials, payment of fees as
described 1n Regulation III, and after verification of continuing
compliance, a revised Permit to Operate may be Issued.
(14.0) Rule 31. Public Disclosure of Data.
Pursuant to Government Code Section 6254.7, emission data
reported by source owners or operators, or otherwise obtained
by State or local agencies shall be available to the public as
provided for in Regulation IX - Public Records. The data shall
be so presented as to show the relationship between measured
or estimated amounts of emissions and the amounts of such
emissions allowable under the applicable emission limitations
or other measures.
(7.0) Rule 32. Upset Conditions, Breakdown or Scheduled Maintenance
Emissions exceeding any of the limits established in these
Rules and Regulations as a direct result of unavoidable upset
conditions in or breakdown of any air pollution control equip-
ment, fuel source or related operating equipment, or as a
direct result of the shutdown of such equipment for scheduled
maintenance, shall not be deemed to be a violation of the
Rules establishing such limits, provided that:
A. Such occurrence shall have been reported to the Air Pollu-
tion Control District as soon as reasonably possible; for
scheduled maintenance, such report shall be submitted at
least 48 hours prior to shutdown, and for upset conditions
or breakdown, such report shall in any case be made within
24 hours of the occurrence or four (4) hours after the
start of the next normal business day.
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B. This Rule shall not apply to scheduled maintenance of air
pollution control equipment except in those cases where
the maximum reasonable effort, including off-shift labor
where required has been made to accomplish such maintenance
during period of non-operation of any related source
operations.
C. The person responsible for such emissions shall, with all
practicable speed, Initiate and complete appropriate
feasible action to correct the conditions causing such
emissions to exceed the said limits; to reduce the fre-
quency of occurrence of such conditions; to minimize the
amounts by which said limits are exceeded; and to reduce the
length of time which said limits are exceeded, and shall,
upon request of the A1r Pollution Control District, submit
a full report of such occurrence in writing, including a
statement of all known causes and of the scheduling and
nature of the actions to be taken pursuant to this Rule 32.
0. This Rule in no way shall be construed as an endorsement by
the Air Pollution Control District for operations to
continue or repeatedly occur which are in violation of
any statutes of the Health and Safety Code or these Rules
and Regulations of the Air Pollution Control District.
(2.0) Rule 33. Separation of Emissions.
If air contaminants from a single source operation are emitted
thorugh two or more emission points, the total emitted quantity
of air contaminants cannot exceed the quantity which would be
allowable through a single emission point.
(2.0) Rule 34. 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
A1r Pollution Control District in 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, 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 the combined emissions cannot
be separated according to the requirements of Rule 34A, 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.
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(2.0) Rule 35. Severability.
If any provision, clause, sentence, paragraph, section or part of
these Regulations or application thereof to any person or circum-
stance shall for any reason be adjudged by a court of competent
Jurisdiction to be unconstitutional or Invalid, such judgment shall
not affect or Invalidate the remainder of this Regulation and the
application of such provision to other persons or circumstances,
but shall be confined 1n Its operation to the provision, clause,
sentence, paragraph, section or part therefore directly Involved in
the controversy in which such judgment shall have been rendered
and to the person or circumstance Involved, and It 1s hereby
declared to be the Intent of the Ventura County Air Pollution
Control Board that this Regulation would have been adopted in any
case had such Invalid provision or provisions not be included.
(2.0) Rule 36. 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 Division 26 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 1s of Section 41700 of the Health and Safety Code of
the State of California, or of Rule 51 of these Rules and
Regulations.
(13.0) Rule 37. Source Recordkeeping and Reporting
The owner or operator of any stationary source, shall, upon
notification 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 1s in compliance
with applicable emission limitations or other control measures.
The information recorded shall be summarized and reported
to the District, on forms or format 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 1s submitted. (Adopted 10/31/72)
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REGULATION III FEES
(3.0) Rule 40. Permit Fees
A. Permit fees shall be assessed at the time of permit issuance.
For facilities or equipment that require both an Authority
to Construct and a Permit to Operate, the equipment
fees shall be submitted prior to Authority to Construct
issuance, and shall be based upon the design information.
B. Additional equipment fees shall be assessed upon submittal
of any changes pursuant to Rules 10 or 17 prior to issuance
of a revised permit. No refunds will be made for equipment
or systems changed or not installed after the permit 1s
Issued.
(16.0) Rule 41. Hearing Board Fees
A. Every applicant or petitioner for a variance, or for the
extension, revocation or modification of a variance,
or for an appeal from a denial of a Permit to Operate,
except any State or local governmental agency or public
district, shall pay to the Clerk of the Hearing Board,
on filing, a fee in the sum of $100.00 which sum represents
the cost of administration of Article 2, Chapter 4, Part 4,
Division 26, Health and Safety Code, or Rule 22 of these
Rules and Regulations.
B. In the event judicial review is initiated pursuant to
Section 40864 of the Health and Safety Code, the Hearing
Board shall prepare the record of the proceedings upon
the advance payment of the fee specified in Section 69950
of the Government Code. In all other cases, any person
desiring a record of the proceedings shall make arrangements
for a shorthand reporter and shall pay the reporter and any
other costs to prepare such record.
C. This rule shall not apply to petitions filed by the Air
Pollution Control Officer.
(2.0) Rule 42. Schedule of Fees
Every applicant, except any State or local government agency
or public district, who files an application with the Air
Pollution Control Officer for any article, machine, equipment,
or other contrivance for which a Permit to Operate is
required be State Law or the Rules and Regulations of the Air
Pollution Control District, shall pay a fee for the issuance
of a permit in an amount specified in the following schedule:
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A. Permit Fee
For each Authority to Construct application submitted and
for each Permit to Operate application submitted, for
which no Authority to Construct 1s required, an applicant
shall pay a filing fee of $100.00 (except for Orchard
Heaters for which the filing fee Is $10.00) plus any
additional equipment fee as specified In the following
schedules:
Schedule 1 • Fuel Burning Equipment Schedule
Any article, machine, equipment or other contrivance 1n
which fuel 1s burned, with the exception of Incinerators
which are covered 1n Schedule 2, Internal combustion engines
which are covered 1n Schedule 6, and orchard heaters which
are covered in Schedule 4, shall be assessed an equipment
fee based upon the design fuel consumption rate of the
article, machine, equipment or other contrivance expressed
in British Thermal Units (BTU) per hour, using gross heating
values of the fuel, 1n accordance with the following:
$ • a (100 + 1000 (x)1"1)
Where x is 1n billions of BTU's/hr.
a is "1" for natural gas fired units and "2" for
combination or oil fired units.
Schedule 2 - Incinerator Schedule
Any article, machine, equipment or other contrivance
designed and used primarily to dispose of combustible
refuse by wholly consuming the material charged leaving
only the ashes or residues shall be assessed an equipment
fee based on the following schedule of the maximum
horizontal inside cross sectional area, in square feet,
of the primary combustion chamber.
$ = 50 (x)
Where x is the primary chamber area in square feet.
Schedule 3 - Stationary Container Schedule
Any stationary tank, reservoir, or other container shall
be assessed an equipment fee based on the following schedule:
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For each fixed roof tank without vapor recovery or an
evaporative control system...$50.
For each tank equipped with a floating roof or other
types of evaporative control systems that do not require
on site pumps, compressors, refrigeration or absorption
systems...$100.
For each tank with a vapor recovery or evaporative control
system that does not fall Into the above categories...$200.
Schedule 4 - Orchard Heaters
Orchard Heater permit fees will include a $10.00 filing
fee plus $0.10 per heated acre.
Schedule 5 - Miscellaneous Schedule
Any article, machine, equipment or other contrivance
which is not included in the preceding schedules shall
be assessed an equipment fee of $100.00 per item.
Schedule 6 - Internal Combustion Engines
Internal combustion engines shall be assessed an equipment
fee based on their maximum brake horsepower rating in
accordance with the following formula:
$ * 100 + (x-500)1-1
(4)
Where x is maximum brake horsepower design rating
Schedule 7 - Air Quality Impact Review
Sources or facilities whose emissions are such to require
evaluation under Rule 26B shall, in addition to the above
applicable schedules, pay a fee of $1000.
Schedule 8 - Recertffication Schedule
For every inspection for a recertification, the Permit to
Operate holder shall be assessed:
$100 plus $5 per permit item
Schedule 9 - Special Provisions
1. An applicant may, if the estimated equipment fees
for a facility are expected to exceed $500, elect
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that the permit fee be based on the actual hours
spent by the District's engineers 1n evaluating
his application and verification of equipment com-
pliance. This time shall be assessed at the rate
of $20.00 per hour. This option must be selected
when the application 1s submitted.
2. Fees for additional Identical equipment (including^
Installation, controls, use, and operating schedules)
shall be based on Schedule 5, the miscellaneous schedule.
B. Permit Revision Fee
A person seeking the revision of a Permit to Operate
pursuant to Rule 30 shall pay a fee equal to onerfourth
of the fee based on the fee schedule 1n Rule 42A above.
C. Duplicate Permit Fee
A request for a duplicate Permit to Operate shall be made
in writing to the A1r Pollution Control Officer within ten
(10) days after the destruction, loss, or defacement of
a permit. The fee for Issuance of a duplicate permit
shall be $5.00.
D. Permit Transfer Fee
A person to whom a. permit 1s transferred pursuant to
Rule 20 shall pay a fee of $10.00.
E. Application Renewal (reactivation)
A person seeking the renewal (reactivation) of an
application pursuant to Rule 21 shall pay a fee of $10.00.
F. Added Equipment
A person adding equipment pursuant to Rule 17 shall pay
a fee for such added equipment in accordance with the
provisions of Rule 42A. (This includes the filing fee.)
G. Permit Issued With a Variance
In the event that a variance is granted by the Hearing
Board, the applicant shall pay the fees specified 1n this
Rule at the time of Issuance of the variance; provided
that the applicant had not paid a permit fee at a prior
time for the article, machine, equipment, or other contri-
vance which was the subject of the variance.
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H. Cost of Issuing Permits
The Air Pollution Control Board declares that the schedule
of fees contained in this Rule does not exceed the estimated
cost of issuing such permits and inspection pertaining to
the issuance of such permits.
(13.0) Rule 43. Technical Reports - Charges For
Information, circulars, reports of technical work, and other
reports prepared by the A1r Pollution Control District when
requested shall not exceed the cost of preparation and distribution
of such documents.
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EMISSIONS REGULATIONS
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REGULATION IV. PROHIBITIONS.
Exist. Opacity.
A person shall not discharge into the atmosphere from any single
source of emission whatsoever any air contaminants for a period or
periods aggregating more than three minutes in any one hour
which is:
A. As dark or darker in shade as that designated as No. 2 on
the Ringelmann Chart, as published by the United States
Bureau of Mines, or,
B. Of such opacity as to obscure an observer's view to a degree
equal to or greater than does smoke described in subsection
(A) of this Rule.
Note 1. The Air Pollution Control Officer will from time to time prepare
and distribute statements of practice for administering Rule 50.
Such statements are not adopted by the Air Pollution Control
Board as part of this rule. They are guides to staff activity and
are intended to be helpful guides to the public.
Note 2. Water mist alone is not a "noxious mist" and therefore is not an
"air contaminant".
Note 3. Refer to "District Staff Practices on Wet Plumes," Appendix E.
(50.1.2) Rule 50. Opacity.
A person shall not discharge into the atmosphere from any single
source of emission whatsoever any air contaminants for a period
or periods aggregating more than three (3) minutes in any one (1)
hour which are:
1. As dark or darker in shade as that deisgnated 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 Rule.
Note 1. Water mist alone is not a "noxious mist" and therefore is not a
"air contaminant".
Note 2. The Air Pollution Control District will, from time to time, p
and distribute statements of practice for administering Rule
Such statements are not adopted by the Air Pollution Control
as part of this Rule. They are guides to staff activity an
are intended to be helpful guides to the public.
-40-
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This Rule shall be effective on January 1, 1974 for all
existing equipment.
(50.7) Rule 51. Nuisance. (No Change)
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 endangers the comfort,
repose, health or safety of any such persons or the public or
which cause or have a natural tendency to cause Injury or
damage to business or property.
Exist. Particulate Matter - General.
Except as otherwise provided in Rules 53 and 54, a person shall
not discharge into the atmosphere from any source particulate
matter 1n excess of 0.3 grain per cubic foot of gas at standard
conditions.
(50.1) Rule 52. Particulate Matter - Concentration.
A person shall not discharge Into the atmosphere from any
source particulate matter in excess of the concentration shown
in the following table: (See Rule 52 Table).
Where the volume discharged falls between figures listed in the
Table, the exact concentration permitted to be discharged shall
be determined by linear Interpolation.
The provisions of this Rule shall not apply to emissions resulting
from the combustion of liquid or gaseous fuels 1n steam generators
or gas turbines.
For the purpose of this Rule "particulate matter" Includes any
material which would become particulate matter if cooled to
standard conditions.
This Rule shall be effective on January 1, 1974 for all
existing equipment.
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TABLE FOR RULE 52
VOLUME DISCHARGED- MAXIMUM CONCENTRATION
CUBIC FEET PER
MINUTE CALCULATED
AS DRY GAS AT
STANDARD
CONDITIONS
OF PARTICULATE MATTER
ALLOWED IN DISCHARGED
GAS - GRAINS PER
CUBIC FOOT OF DRY GAS
AT STANDARD CONDITIONS
VOLUME DISCHARGED
CUBIC FEET PER
MINUTE CALCULATED
AS DRY GAS AT
STANDARD
CONDITIONS
MAXIMUM CON-
CENTRATION OF
PARTICULATE
MATTER ALLOWED
IN DISCHARGED
GAS - GRAINS PER
CUBIC FOOT OF
DRY GAS AT
STANDARD
CONDITIONS
1000 or less
1200
1400
1600
1800
2000
2500
3000
3500
4000
5000
6000
7000
8000
10000
15000
0.200
.187
.176
.167
.160
.153
.141
.131
.124
.118
.108
.101
.0949
.0902
.0828
.0709
20000 0.0635
30000 .0544
40000 .0487
50000 .0447
60000 .0417
70000 .0393
80000 .0374
100000 .0343
200000 .0263
400000 .0202
600000 .0173
800000 .0155
1000000 .0142
1500000 .0122
200000 .0109
250000 or more .0100
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Exist. Particulate Matter - Specific.
A person shall not discharge Into the atmosphere in any one hour
from any source whatsoever particulate matter in total quantities in
excess of the amount shown in Table 1.
TABLE 1
Process Maximum Weight
wt. rate (Ibs/hr) D1sch/hr (Ibs)
100
200
300
400
500
600
700
800
900
1000
1100
1200
1300
1400
1500
1600
1700
1800
1900
2000
2200
2500
3000
3500
4000
5000
6000
7000
8000
9000
.55
.87
.20
.50
.77
.01
,24
.43
.62
.80
.97
,12
,26
.40
,54
.66
3.79
3.91
1,
1,
1,
2.
2.
2.
2.
2.
2.
3.
3.
3.
3.
3.
4,
4.
4.
4.
5.
5.
6.
03
14
34
76
38
96
52
7.58
8.56
9.49
10.40
11.20
Process Maximum Weight
wt/rate (Ibs/hr) D1sch/hr (Ibs)
10000
11000
12000
13000
14000
15000
16000
17000
18000
20000
30000
40000
50000
60000
70000
80000
90000
100000
120000
140000
160000
180000
200000
1000000
2000000
3000000
4000000
5000000
6000000
12.00
12.80
13.60
14.30
15.00
15.70
16.50
17.30
17.90
19.20
25.20
30.50
35.40
40.00
41.30
42.50
43.60
44.60
46.30
47.80
49.00
50.10
51.20
69.00
77.60
81.30
85.00
88.84
92.70
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(50.1.1) Rule 53. Particulate Matter - Process Weight.
A person shall not discharge Into the atmosphere from any
source whatsoever, solid particulate matter, including lead
and lead compounds, in excess of the rate shown in the
following table (Rule 53 Table).
Where the process weight per hour falls between the
figures listed in the table, the exact weight of the permitted
discharge shall be determined by linear Interpolation.
This Rule shall be effective on January 1, 1974 for all
existing equipment.
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TABLE FOR RULE 53
PROCESS WEIGHT
PER HOUR —
POUNDS PER HOUR
250 or less
300
350
400
450
500
600
700
800
900
1000
1200
1400
1600
1800
2000
2500
3000
3500
4000
4500
5000
5500
6000
6500
7000
7500
8000
8500
9000
9500
10000
MAXIMUM DISCHARGE
RATE ALLOWED FOR SOLID
PARTICULATE MATTER
(AGGREGATE DISCHARGED
FROM ALL POINTS OF
PROCESS) - - POUNDS
PER HOUR
1.00
1.12
1.23
1.34
1.44
1.54
1.73
1.90
2.07
2.22
2.38
2.66
2.93
3.19
3.43
3.66
4.21
4.72
5.19
5.64
6.07
6.49
6.89
7.27
7.64
8.00
8.36
8.70
9.04
9.36
9.68
10.00
PROCESS WEIGHT
PER HOUR - -
POUNDS PER HOUR
12000
14000
16000
18000
20000
25000
30000
35000
40000
45000
50000
60000
70000
80000
90000
100000
120000
140000
160000
180000
200000
250000
300000
350000
400000
450000
500000
600000
700000
800000
900000
1000000 or more
MAXIMUM DISCHARGE
RATE ALLOWED FOR SOLID
PARTICULATE MATTER
(AGGREGATE DISCHARGED
FROM ALL POINTS OF
PROCESS) - - POUNDS
PER HOUR
10.4
10.8
11.2
11.5
11.8
12.4
13.0
13.5
13.9
14.3
14.7
15.3
15.9
16.4
16.9
17.3
18.1
18.8
19.4
19.9
20.4
21.6
22.5
23.4
24.1
24.8
25.4
26.6
27.6
28.4
29.3
30.0
-------
Exist. Specific Contaminants.
A person shall not discharge Into the atmosphere from any
single source of emission whatsoever, any one or more of the
following contaminants, 1n any state or combination thereof,
exceeding in concentration at the point of discharge:
A. Sulfur compounds calculated as sulfur dioxide (SO?) exceeding
0.2 percent, by volume, at the point of discharge. For
purposes of this rule, all sulfur present in gaseous
compounds containing oxygen shall be deemed to be present
as sulfur dioxide. Tests for determining compliance with
this rule shall be for not less than 15 consecutive
minutes or 90% of the time of actual source operation,
whichever is less.
B. Sulfur dioxide which results 1n ground level concentrations in
excess of the amounts shown in the following table:
Concentration Averaging Time Frequency
0.5 ppm (vol.) 1 hour Once/4 days
0.10 ppm (vol.) 24 hours Once/90 days
Sampling for measurement shall be no closer to the source of
emission than the property line of the facility containing
such source operation.
C. Combustion Contaminants: 0.3 grain per cubic foot of gas
calculated to 12 percent of carbon dioxide (C0?, wet basis)
at standard conditions. In measuring the combustion contam-
inants from incinerators used to dispose of combustible refuse
by burning, the carbon dioxide (CO?) produced by combustion
of any liquid or gaseous fuels shall be excluded from the
calculation to 12 percent of carbon dioxide (C02).
(50.2) Rule 54. Sulfur Compounds.
A person shall not discharge into the atmosphere from any source
whatsoever, sulfur compounds which would exist as a liquid or
gas at standard conditions, In excess of the concentrations listed
below.
A. Sulfur compounds calculated as sulfur dioxide (SO?) by
volume at the point of discharge:
1. Exceeding 300 ppm by volume from any combustion
operation; or
2. Exceeding 500 ppm by volume from any other operation.
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B. Sulfur dioxide (SO ) which results in average
ground level concentrations at any point at or beyond
the property Hne 1n excess of the amounts shown in
the following table:
Concentration Averaging Time
0.5 ppm (Vol) 1 hour
0.04 ppm (Vol) 24 hours
C. Hydrogen sulfide (H2S) exceeding 10 ppm, by volume,
at the point of discharge.
D. Hydrogen sulfide (H2S) which results 1n average ground
level concentrations .at any point at or beyond the
property line in excess of the amounts shown in the
following table:
Concentration Averaging Time
0.06 ppm 3 min.
0.03 ppm 1 hr. ,
For purposes of this Rule, all sulfur present in gaseous
compounds containing oxygen shall be calculated as sulfur
dioxide (S02). This Rule shall be effective on January 1, 1974
for all existing equipment.
Exist. Organic Gases.
A. Filling Storage Tanks.
Organic gas emissions from a stationary storage tank of
equal to or less than 1,000 barrels capacity and containing
organic liquids with a vapor pressure greater than 1.5 pounds
per square inch absolute pressure under actual storage con-
ditions, and a head space reactivity greater than 5% shall
not exceed that rate at which organic gases would be emitted
If the tank were filled through a submerged fill pipe.
B. Filling Transportable Containers.
Organic gas emissions from a facility loading organic liquids
with a Reid vapor pressure greater than 4 and a head space
reactivity greater than 5% into transportable containers
larger than 100 gallons capacity shall not exceed that amount
which would be emitted if the containers were filled through
a submerged fill pipe.
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C. Storage of Organic Liquids - 1.5-11.0 Pounds Per
Square Inch Absolute Vapor Pressure.
Organic gas emissions from a stationary storage tank
which has a storage capacity greater than 1,000 barrels,
and which contains organic liquid having a vapor pressure
under actual storage conditions greater than 1.5 pounds
per square Inch absolute pressure but equal to or less than
11 pounds per square Inch absolute pressure and a head
space reactivity greater than 5% shall not exceed that
amount of organic gas emission which the same tank, contain-
ing the same organic liquid, would emit 1f equipped with
a floating roof 1n good condition.
D. Storage of Organic Liquids - Greater than 11.0 Pounds Per
Square Inch Absolute Vapor Pressure.
Organic gas emissions from a stationary storage tank which
has a storage capacity greater than 1,000 barrels and
which contains organic liquid having a vapor pressure under
actual storage conditions greater than 11.0 pounds per
square Inch absolute pressure and a head space reactivity
greater than 5% shall not exceed that amount of organic gas
emission which the same tank, containing the same organic
liquid, would emit 1f it were storing an organic liquid of
11.0 pounds per square Inch absolute vapor pressure and were
equipped with a floating roof In good condition.
E. 011-Water Separator.
Organic gas emissions, calculated as a liquid, from an oil-
water separator processing more than 200 gallons per calendar
day or organic liquid having a temperature of 401 degrees
fahrenheit or less 'at the 10% point recovered when distilled
by American Society for Testing and Materials Method D86-56,
and having a head space reactivity greater than 5%, shall not
exceed Q.2% of the volume of organic liquid recovered by
the oil-water separator.
(51.16) Rule 55. Storage of Organic Liquid - Petroleum Products
A person shall not store or hold organic liquid in any stationary
tank, reservoir or other container:
A. Which has more than 40,000 gallons capacity of any petroleum
distillate, except gasoline, having a storage vapor pressure
of 1.5 pounds per square inch absolute or greater under ac-
tual storage conditions, or;
-48-
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B. Which has more than 250 gallons capacity of gasoline; un-
less such tank, reservoir or other container 1s a pressure
tank maintaining working pressures sufficient at all times
to prevent hydrocarbon vapor or gas loss to the atmosphere,
or Is designed and equipped with one of the following vapor
loss control devices, properly Installed, In good working
order and in operation:
1. 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 not be used 1f the gasoline or petroleum distill-
ate has a vapor pressure of 11.0 pounds per square Inch
absolute or greater under actual storage conditions.
All tank gauging and sampling devices shall be gas-
tight except when gauging or sampling 1s taking place.
2. 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 hydrocarbon vapors and gases so as
to prevent their emission to the atmosphere and with
all tank gauging and sampling devices gas-tight except
when gauging or sampling 1s taking place.
3. Other equipment of equal efficiency, provided such
equipment 1s submitted to and approved by the Air
Pollution Control District.
For the purpose of this Rule a "submerged fill" will be deemed
as an acceptable vapor loss control device for underground gas-
oline* tanks of 20,000 gallons capacity or less and all existing
above ground gasoline storage tanks of 40,000 gallons or less.
This Rule shall be effective on January 1, 1974 for all existing
equipment.
(51.13) Rule 56. Open Fires.
A person shall not burn any combustible refuse 1n any open out-
door fire.
A. The following exceptions shall apply, pursuant to permit
only:
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1. When such fire 1s set or permission for such
fire 1s given by the A1r Pollution Control Officer,
and such fire, 1n the opinion of the Officer Is
necessary:
a. For the prevention or elimination of a
hazard, pursuant to permit, which cannot be
abated by any other means, or
b. For the Instruction of public employees In
the methods of fighting fire or when such fire is
set, pursuant to permit, on Industrial, commercial,
or Institutional property for the purpose of
Instruction of employees in methods of fighting
fire, or
c. In pursuit of "Agricultural Operations",
pursuant to permit* for the disposal of
"Agricultural Wastes" as defined 1n Rule 2 and
1n accordance with the following conditions in
the vicinity of the Intended burning project.
B. The exceptions set forth above must be conducted in
accordance with the following conditions in the
vicinity of the Intended burning project:
1. The Ventura County A1r Pollution Control District
advises, through the area fire protection agencies,
that a "burn day" is forecast when the meteorological
conditions "a" and "c" or "b" and "c" are met and the
State Air Resources Board declares a "burn day" for
the Basin.
Meteorological Conditions:
a. The height of the inversion base at 4:00 a.m. is
over 1500 feet above mean ground level as measured
by the Air Resources Board approved South Coast Air
Basin weather station or as indicated by other
appropriate data utilized by the Air Pollution
Control District.
b. The expected or measured maximum depth of the
mixing layer (height of the inversion base)
during the day 1s 3500 feet or higher above mean
ground level.
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c. The expected or measured mean surface wind
speed between 6:00 a.m. and noon Is 5 miles
per hour or greater 1n the vicinity of the
Intended burning project.
2. The Ventura County Air Pollution Control District
and the area fire protection agencies concur that
the following conditions exist:
a. The material to be burned is:
(1) Free of other wastes such as tires, rubbish,
tar paper, plastics, construction debris,
paper, oily waste materials, feathers,
animal fur, diseased or dead animals,
organic fertilizer, and non-combustible
containers..
(2) Stacked or arranged to allow for maximum
air circulation and minimum smoke
production while burning;
(3) Free of dirt, soil and visible surface
moisture;
(4) Allowed to become sufficiently dry to allow
for maximum conbustion efficiency.
The following are minimum drying times:
Material Drying Time
Trees or branches
exceeding three Inches
in diameter
Primings and small
branches three inches
or less in diameter
Field Crop Wastes
Other
4 weeks
2 weeks
1 week
Adequate dryness
(to be evaluated
by Inspection)
-51-
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b. The burning shall be confined to daylight
hours and additional material shall not be
added after noon.
c. The wind speed and direction in the vicinity
of the burning project will not carry emissions
into populated areas.
d. The burning of any combustible containers for
pesticides or other chemicals that are emptied
in the field by the fanner or his agent shall
meet the criteria approved by the Air Pollution
Control District.
e. The materials to be burned shall be ignited only
by those devices approved by the Air Pollution
Control Officer. These devices shall be sources
of "clean flame" such as propane fueled devices.
Tires, tar paper, plastics, oils and other
similar materials shall not be used for
Ignition purposes.
f. The total amount of material to be burned each
day shall be regulated according to criteria
approved by the A1r Polluiton Control District.
3. The following additional conditions apply to range
improvement burning:
a. The material to be burned shall be ignited as
rapidly as practicable within applicable fire
control restrictions.
b. The material to be burned shall be brush treated
at least six (6) months prior to the burn if
economically and technically feasible.
c. For burns primarily for Improvement of land for
wildlife and game habitat, the applicant shall
file with the District a statement from the
Department of Fish and Game certifying that the
burn is desirable and proper.
4. The following additional conditions apply to forest
management burning:
a. The waste shall be Ignited as rapidly as
practicable within applicable fire control
restrictions.
-52-
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b. Waste to be burned shall be windrowed or piled
where possible, unless good silvicuHural prac-
tice dictates otherwise, and to be dried or
otherwise prepared so that it will burn with a
minimum of smoke and other emission of air
contaminants.
C. Permits granted for these exceptions under "A" of this
Rule shall not be valid on those calendar days and/or
in those areas for which the A1r Pollution Control Dis-
trict or State A1r Resources Board declared a "No Burn
Day" or a "Ban", I.e., determines that adverse meteoro-
logical or air quality conditions exist or are likely to
exist wherein ambient air concentrations of pollutants
exceed or are expected to exceed adopted Federal and/or
State air quality standards.
D. Permits for setting and maintaining open fires for the
above purposes exempted from Rule 56, are required and
are obtained from the fire protection agency having
jurisdiction in the area. All open burning shall be
in conformance with the above conditions and any other
conditions prescribed or improved by the fire protection
ordinances of that agency. However, no permit is re-
quired when an open fire is set or permitted by an
authorized public orrlcer under emergency conditions.
(51.9) Rule 57. Combustion Contaminants - Specific
A. Disposal of Solid and Liquid Wastes - Incineration
1. A person shall not discharge Into the atmosphere from
any equipment whatsoever, used to dispose of or to
process combustible refuse, except as provided in
subsection (2) of this rule, participate matter in
excess of 0.08 grains per cubic foot, maximum 2 hour
average, of gas calculated to 12 percent of carbon
dioxide (CO?) at standard conditions. Any carbon di-
oxide (C02) produced by combustion of any liquid or
gaseous fuels shall be excluded from the calculation
to 12 percent of carbon dioxide (CC^)-
2. A person shall not discharge into the atmosphere
from any incinerator or other equipment used to
dispose of combustible refuse by burning, having
burning rates of 200 pounds per hour or less,
partial!ate matter in excess of 0.2 grain per
cubic foot of gas calculated to 12 percent of car-
bon dioxide (C0£) at standard conditions and shall
not discharge particles which are individually
large enough to be visible while suspended in the
-53-
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atmosphere. Any carbon dioxide (0)2) produced by
combustion of any liquid or gaseous fuels shall be
excluded from the calculation to 12 percent of
carbon dioxide
3. A person shall not use any Incinerator article,
machine, equipment or other contrivance for the
disposal of combustible refuse by burning unless
all gases, vapors and gas entrained effluents from
such an incinerator article, machine, equipment or
other contrivance are Incinerated at temperatures of
not less than 860 degrees Celsius (1600 degrees
Fahrenheit) for a period of not less than 0.4 seconds.
B. Fuel Burning Equipment.
A person shall not discharge Into the atmosphere from
any fuel burning equipment combustion contaminants exceeding
in concentration at the point of discharge, 0.1 grain per
cubic foot of gas calculated to 12 percent of carbon
dioxide (003) at standard conditions.
This Rule shall be effective on January 1, 1974 for all
existing equipment.
Exist. Reduction of Animal Matter.
A person shall not operate or use any article, machine, equipment
or other contrivance for the reduction of animal matter, except
processing of food for human consumption, 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 1300
degrees Fahrenheit for a period of not less than 0.4
second, 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.
(51.21) Rule 58. Reduction of Animal Matter.
A person shall not operate or use any article, machine, equipment
or other contrivance for the reduction of animal matter, except
processing of food for human consumption, unless all gases,
vapors and gas entrained effluents from such an article, machine,
equipment or other contrivance are:
•54-
-------
A. Incinerated at temperatures of not less than 1300 degrees
Fahrenheit for a period of not less than 0.4 seconds, or
B. Processed 1n such a manner determined by the A1r Pollution
Control District 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 Rule shall provide,
properly Install and maintain In calibration, 1n good working
order and in operation devices, as specified 1n the Authority
to Construct or Permit to Operate or as specified by the
Air Pollution Control District, for Indicating any or all
operational parameters or conditions.
Exist. Nitrogen Oxide Emissions.
A person 1n control of a stationary emission source operation
shall not permit such operation to emit Into the atmosphere
gases exceeding in concentration 250 ppm (Vol.) nitrogen
oxides (NO ) calculated as nitrogen dioxide (N02) measured
at the point of discharge, nor shall the emissions exceed
20 tons per day per source.
(50.3) Rule 59. Oxides of Nitrogen Emissions
A person shall not discharge into the atmosphere, from any
non-mobile source, gases having a concentration of oxides
of nitrogen, calculated as nitrogen dioxide (NOo) at standard
conditions and 3 percent oxygen, in excess of tnat shown in
the following table:
OXIDES OF NITROGEN - PARTS PER MILLION
FUEL*
GAS
LIQUID OR
SOLID
EFFECTIVE DATE
October 6, 196g**
January 1, 1975***
250
250
125
225
*at standarc
conditions
-55-
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Oxides of nitrogen calculated as nitrogen dioxide (N02) In
amounts exceeding 20 tons per day for existing sources or 140
pounds per hour for new sources as described In Rule 60, shall
not be discharged Into the atmosphere from any source of
emission whatsoever.
The provisions of this Rule shall not apply to non-mobile
combustion sources as follows:
**0ctober 6, 1969 limits
To those "sources" having maximum heat Input rate of less than
250 million BTU per hour (gross) and any existing turbine power
generating peaking units at Mandalay. (Rev. 7/18/72)
***January 1. 1975 limits
To those sources existing as of May 23, 1972, which have a
maximum heat Input rate of less than 2150 million BTU per
hour (gross) and any new source of less than 250 million BTU
per hour (gross).
The owner or operator of any stationary source subject to the
January 1, 1975 Emission Limits of this Rule, shall, not later
than December 31, 1972, submit to the District for approval, a
proposed compliance schedule that demonstrates compliance with
the Rules and Regulations specified herein as expedlously as
practicable but no later than January 1, 1975. The compliance
schedule shall provide for periodic Increments of progress
toward compliance. The dates for achievement of such
Increments shall be specified. Increments of progress shall
Include, but not be limited to:
1. letting of necessary contracts for construction or process
changes, 1f applicable;
2. initiation of construction;
3. completion and start-up of control systems;
4. performance tests;
5. subnvittal of performance test analyses and results.
Any owner or operator who submits a compliance schedule pursuant
to this paragraph shall, within five (5) days after the deadline
for each increment of progress, certify to the District in
writing whether or not the required increment of the approved
compliance schedule has been met.
-56-
-------
Where any such owner or operator demonstrates to the
satisfaction of the District that compliance with this Rule
will be achieved on or before December 31, 1973, no
compliance schedule shall be required.
Rule 60. New Non-Mobile Equipment - Sulfur Dioxide, Nitrogen Oxides,
and Particulate Matter
A person shall not, after September 29, 1970, commence the
building, erection, installation or expansion of any non-
mobile equipment unless the discharge Into the atmosphere
of contaminants will not and does not exceed any one or more
of the following rates:
A. 200 pounds per hour of sulfur oxides, calculated as
sulfur dioxide (S02);
B. 140 pounds per hour of oxides of nitrogen, calculated
as nitrogen dioxide (N02);
C. 10 pounds per hour of combustion contaminants as defined
in Rule 2 and derived from the burning of a fuel.
For the purposes of this Rule, non-mobile equipment shall be
composed of the minimum number of pieces of equipment, the
simultaneous operation of which is required for the produc-
tion process.
Nothing in this Rule shall be construed as preventing the
maintenance or preventing the alteration or modification of
existing equipment which will reduce its air contaminant emissions.
(51.16) Rule 61. 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 Ibs. per square
inch or greater, unless such compartment is equipped with one
of the following vapor loss control devices, except when
gauging or sampling is taking place.
1. A solid cover with all openings sealed and totally
enclosing the liquid contents of that compartment.
2. A floating pontoon or double-deck type cover, equipped
with a closure seal, to enclose any space between the
cover's edge and compartment wall.
-57-
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3. A vapor recovery system, which reduces the emission
of all hydrocarbon vapors and gases into the
atmosphere by at least 90 percent by weight.
4. Other equipment of an efficiency, equal to or
greater than 1, 2, or 3. if approved by the
A1r Pollution Control District.
This Rule shall not apply to any oil effluent water separator
used exclusively in conjunction with the production of crude
oil, 1f 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.
This Rule shall be effective on January 1, 1974 for all
existing equipment.
(11.0) Rule 62. Hazardous Materials.
No hazardous materials shall be discharged from any source so
as to result in concentrations at or beyond the property line
in excess of any State, Federal or local standards or emission
limits established.
In the absence of specific standards for particular
hazardous material, the airborne concentrations of such
materials shall not exceed those levels and time intervals
established by the State Division of Industiral Safety or
the Occupational Safety and Health Administration.
(51.16) Rule 63. Organic Liquid - Petroleum Products 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, from which at least 20,000 gallons of such organic
liquids are loading in any one day, unless the loading facility
or tank is equipped with a vapor collection and disposal
system or its equivalent approved by the Air Pollution Control
District.
Loading shall be accomplished 1n 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.
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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
District.
This Rule shall be effective on January 1, 1974 for all
existing equipment.
(50.2) Rule 64. Sulfur Content of Fuels.
A person shall not burn within Ventura County at any time any
gaseous fuel containing sulfur compounds in excess of 50 grains
per 100 cubic feet of gaseous fuel, except for natural gas which
is limited to 15 grains per 100 cubic feet, calculated as
hydrogen sulfide at standard conditions, or any liquid fuel
or solid fuel having a sulfur content in excess of 0.5 percent
by weight. The provisions of this Rule shall not apply to:
A. The incineration of waste gases provided that the gross
heating value of such gases is less than 300 British
thermal units per cubic foot at standard conditions and
the fuel used to incinerate such waste gases does not
contain sulfur or sulfur compounds In excess of the
amounts specified in this rule.
B. The use of solid fuels in any metallurgical process.
C. The use of fuels where the gaseous products of combustion
are used as raw materials for other processes.
D. The use of liquid or solid fuel to propel or test any
vehicle, aircraft, missile, locomotive, boat or ship.
E. Fuel used due to unavailability of normal fuel through
act of God.
This Rule shall be effective on January 1, 1974 for all existing
equipment.
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(12.0) Rule 65. Gasoline Specifications
A person shall not sell or supply for use within Ventura County
as a fuel for motor vehicles as defined by the Vehicle Code of
the State of California, gasoline having a degree of unsaturation
greater than that indicated by a Bromine Number of 30 as
determined by ASTM Method D1159-57T modified by omission of
the mercuric chloride catalyst.
(50.4) Rule 66. Organic Solvents
A. Organic Materials
1. A person shall not discharge into the atmosphere more
than 15 pounds of organic materials in any one day*
nor more than 3 pounds in any one hour, from any
article, machine, equipment or other contrivance, in
which any organic solvent or any material containing
organic solvent comes into contact with flame or 1s
baked, heat-cured or heat-polymerized, in the presence
of oxygen, unless said discharge has been reduced by
at least 85 percent. Those portions of any series of
articles, machines, equipment or other contrivances
designed for processing a continuous web, strip or
wire which emit organic materials and using operations
described in this section shall be collectively subject
to compliance with this section.
2% A person shall not discharge Into the atmosphere more
than 40 pounds of organic materials in any one day,
nor more than 8 pounds in any one hour, from any
article, machine, equipment or other contrivance used
under conditions other than described in section (1),
for employing or applying, any photochemically reactive
solvent, as defined 1n section (10), or material
containing such photochemically reactive solvent, unless
said discharge has been reduced by at least 85 percent.
Emissions of organic materials into the atmosphere
resulting from air or heated drying of products for the
first 12 hours after their removal from any article,
machine, equipment, or other contrivance described in
this section shall be Included in determining compliance
with this section. Emissions resulting from baking,
heat-curing, or heat-polymerizing as described in
section (1J shall be excluded from determination of
compliance with this section. Those portions of any
series of articles, machines, equipment or other
contrivances designed for processing a continuous web,
strip or wire which emit organic materials and using
operations described in this section shall be collective-
ly subject to compliance with this section.
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3. A person shall not discharge into the atmosphere more
than 3,000 pounds of organic materials in any one day,
nor more than 450 pounds in any one hour, from any
article, machine, equipment or other contrivance in
which any mnv-photocnemlcally reactive organic solvent
or any material containing such solvent is employed
or applied, unless said discharge has been reduced by
at least 85 percent. Emissions of organic materials
into the atmosphere resulting from air or heated drying
of products for the first 12 hours after their removal
from any article, machine, equipment, or other contri-
vance described In this section shall be Included in
determining compliance with this section. Emissions
resulting from baking, heat-curing, or heat-polymerizing
as described in section (1) shall be excluded from
determination of compliance with this section. Those
portions of any series of articles, machines, equipment
or other contrivances designed for processing a
continuous web, strip, or wire which emit organic
materials and using operations described in this
section shall be collectively subject to compliance
with this section.
4. Emission of organic materials to the atmosphere from
the clean-up with photochemically reactive solvent,
as defined in section (10), of any article, machine,
equipment, or other contrivance described in sections
(1), (2) or (3), shall be Included with the other
emissions of organic materials from that article,
machine, equipment or other contrivance for determining
compliance with this Rule.
5. Emissions of organic materials into the atmosphere
required to be controlled by sections (1), (2) or
(3), shall be reduced by:
a. Inc1neeration, provided that 90 percent or more of
the carbon in the organic material being incinerated
1s oxidized to carbon dioxide, or
b. Adsorption, or
c. Processing in a manner determined by the Air
Pollution Control District to be no less effective
than (a) or (b) above.
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6. A person Incinerating, adsorbing, or otherwise
processing organic material pursuant to this 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 the Permit to Operate, or as specified by the Air
Pollution Control District, for Indicating temperatures,
pressures, rates of flow or other operating conditions
necessary to determine the degree and effectiveness of
air pollution control.
7. Any person using organic solvents or any materials
containing organic solvents shall supply the Air
Pollution Control District, upon request and in the
manner and form prescribed, written evidence, if so
required, of the chemical combustion, physical properties
and amount consumed for each organic solvent used.
8. The provisions of this Rule shall not apply to:
a. The manufacture of organic solvents, or the
transport or storage of organic solvents or
materials containing organic solvents.
b. The use of equipment for which other requirements
are specified by Rules 55, 61, or 63 or which are
exempt from air pollution control requirements by
said Rules.
c.,. The spraying or other employment of insecticides,
pesticides or herbicides
d. The employment, application, evaporation or
drying of saturated halogenated hydrocarbons or
perchloroethylene.
e. The use of any material, in any article, machine,
equipment or other contrivance, described in
sections 1, 2, 3, or 4, 1f:
(1) The volatile content of such material consists
only of water and organic solvents, and
(2) The organic solvents comprise not more than
20 percent of said volatile content, and.
(3) The volatile content 1s not photochemically
reactive as defined in section (10).
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9. For the purposes of this Rule, 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, except that such materials
which exhibit a boiling point higher than 220°F at
0.5 millimeter mercury absolute pressure or having an
equivalent vapor pressure shall not be considered to
be solvents unless exposed to temperatures exceeding
2000F.
10. For the purposes of this Rule, a photochemlcally 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 limitations,
referred to the total volume of solvent:
a. A combination of hydrocarbons, alcohols, aldehydes,
esters, ethers or ketones having an olefinic or
cyclo-oleflnlc type of unsaturatlon: 5 percent;
b. A combination of aromatic compounds with eight
or more carbon atoms to the molecule except
ethylbenzene: 8 percent
c. A combination of ethylbenzene, ketones having
branched hydrocarbon structures, trichlorethylene
or toluene: 20 percent.
Whenever any organic solvent or any constituent of an
organic solvent may be calssified 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 1s, that
group having the least allowable percent of the total
volume of solvents.
11. For the purposes of this Rule, organic materials are
defined as chemical compounds of carbon excluding
carbon monoxide, carbon dioxide, carbonic acid,
metallic carbides, metallic carbonate and ammonium
carbonate.
B. Architectural Coatings
1. A person shall not sell or offer for sale for use in
Ventura County, In containers of one quart capacity
or larger, any architectural coating containing
photochemically reactive solvent, as defined in
Rule 66 A. (10);
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2. A person shall not employ* apply, evaporate or
dry in Ventura County.any architectural coating,
purchase in containers of one quart capacity or larger,
containing photochemically reactive solvent, as
defined in Rule 66 A. (10);
3. A person shall not thin or dilute any architectural
coating with a photochemically reactive solvent,
as defined in Rule 66;
4. For the purposes of this Rule, an architectural
coating is defined as a coating used to cover, inside
or outside, residential, commercial, industrial or
public buildings and appurtenances.
C. Disposal and Evaporation of Solvents
A person shall not during any one day dispose of a total
of more than 1-1/2 gallons of any photochemically reactive
solvent, as defined in Rule 66; or of any material
containing more than 1-1/2 gallons of any such photo-
chemically reactive solvent by any means which will permit
the evaporation of such solvent into the atmosphere.
D. Dry Cleaning Solvent
A person shall not, after July 1, 1975, use organic
solvent containing a total of 4 percent or more by volume
of material described 1n Rule 66.A.10., except
perchloroethylene, for the commercial cleaning of
garments and fabrics unless the emission of organic
material into the atmosphere is reduced by at least
90 percent by weight.
Compliance with this rule must be achieved under the
following schedule of increments of progress:
1. June 15, 1975: Submit to the Air Pollution Control
Officer a final control plan which
describes at a minimum the steps to
be taken to achieve compliance with
the provisions of this rule.
2. July 1, 1975: Achieve final compliance with the
provisions of this rule.
E. Metal Surface Coating - Thinner and Reducers:
A person shall not, after October 1, 1975, use photo-
chemically reactive solvent, as defined in Rule 66 A.10.,
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to thin, reduce or dilute Industrial metal surface
coatings unless the emissions of organic materials Into
the atmosphere from the use of such coatings 1s reduced
by at least 85 percent by weight.
Compliance with this rule must be achieved under the
following schedule of Increments of progress:
1. June 15, 1975 Submit to the A1r Pollution Control
Officer a final control plan which
describes at a minimum the steps
to be taken to achieve compliance
with the provisions of this rule.
2. July 1, 1975: Negotiate and sign all necessary
contracts for emission control
systems, or Issue purchase orders
to obtain substitute organic
solvents that will comply with the
provisions of this rule.
3. Aug. 1, 1975: Initiate on-s1te construction or
Installation of any emission control
equipment.
4. Sept. 1, 1975: Complete on-slte construction of any
emission control equipment or begin
use of substitute organic solvents.
5. Oct. 1, 1975: Assure final compliance with the
provisions of this rule.
F. Surface Cleaning and Degreasing
A person shall not, after July 1, 1975, use photo-
chemlcally reactive solvent as defined in Rule 66 A.10.,
1n surface cleaning or degreaslng operations unless the
emission of organic materials Into the atmosphere Is
reduced by at least 85 percent by weight.
Compliance with this rule must be achieved under the
following schedule of Increments of progress:
1. June 15, 1975: Submit to the A1r Pollution Control
Officer a final control plan which
describes at a minimum the steps to
be taken to achieve compliance with
the provisions of this rule.
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1. The displaced gasoline vapors or gases are processed
by a system that Includes (1) a vapor-tight liquid fill
connector, (2) a vapor-tight vapor return line to the
delivery vessel of at least 3 Inches nominal diameter,
and (3) the vapor-laden delivery vessel being refilled
only at facilities equipped with vapor recovery or disposal
systems described 1n Rule 63. The vapor return system shall
collect at least 90 percent by weight of the gasoline vapors
vented during filling of the stationary storage container.
2. The displaced gasoline vapors are processed by a system
approved by the Air Pollution Control Officer and with a
recovery efficiency at least equivalent to that of the
system described 1n A-l above.
3. Transfer 1s made to a storage container equipped as
described in Rule 55. B-2.
B. The provisions of this Rule shall not apply to:
1. The transfer of gasoline Into any container
having a capacity of less than 2000 gallons which
was installed prior to September 1, 1974, 1f equipped
with a permanent submerged fill pipe by July 1, 1976.
2. The transfer of gasoline Into any underground storage
container Installed prior to January 1, 1965, where
the fill line between the fill connection and container
1s offset.
3. Any stationary container which 1s used primarily for
the fueling of Implements of husbandry as such vehicles
are defined in Division 16 (section 36000, et seq) of
the California Vehicle Code, if equipped with a
permanent submerged fill pipe by July 1, 1976.
4. The transfer of gasoline Into any stationary storage
container in existence prior to July 1, 1975, which
is served by a delivery vessel exempted by the A1r
Pollution Control Officer pursuant to Section D, of
this Rule, if such container Is equipped by July 1, 1976,
with a permanent submerged fill pipe.
C. Any gasoline storage container and non-exempt gasoline
loading facilities subject to this Rule, Installed
on or after September 1, 1974, shall comply with the
provisions of this Rule at the time of Installation.
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2. July 1, 1975: Achieve final compliance with
the provisions of this rule.
(51.21) Rule 67. Vacuum Producing Devices.
A person shall not discharge into the atmosphere more than
three (3) pounds of organic materials in any one hour
from any vacuum producing devices or systems including
hot wells and accumulators, unless said discharge has been
reduced by at least 90 percent. This Rule shall be
effective on January 1, 1974 for all existing equipment.
(50.5) Rule 68. Carbon Monoxide.
A person shall not discharge into the atmosphere carbon
monoxide (CO) in concentrations exceeding 2000 ppm by
volume measured on a dry basis at standard conditions.
The provisions of this Rule shall not apply to emissions
from internal combustion engines. This Rule shall be effective
on January 1, 1973 for all existing equipment.
(51.8) Rule 69. Asphalt Air Blowing.
A person shall not operate or use any article, machine,
equipment or other contrivance for the air blowing of
asphalt 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 1400 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 District to be equally, or more, effective for
the purpose of air pollution control than (A) above.
This Rule shall be effective on January 1, 1974 for all
existing equipment.
(51.16) Rule 70. Gasoline Transfer into Stationary Storage Containers.
A. A person shall not transfer or permit the transfer of
gasoline from any tank truck or trailer into any
stationary storage container with a capacity of more
than 950 liters (250 gallons) unless such container is
provided with a permanent submerged fill pipe and unless
such transfer is made under one of the following conditions:
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D. 1. The owner or operator of any gasoline loading
facility not subject to the provisions of Rule 63
which was 1n operation on or before July 1, 1975,
and for which the annual throughput to stationary
storage containers that are not exempted by Section B.
does not exceed 500,000 gallons, may petition the
A1r Pollution Control Officer to have the facility's
delivery vessels and other Independently owned
gasoline delivery vessels which are exclusively
serviced at such facility exempted from the provi-
sions of Section A. The owner or operator of such
a facility must petition annually to renew such
exemptions.
2. A person shall not load gasoline Into any delivery
vessel from any gasoline loading facility granted
an exemption pursuant to Section D.I. of this Rule
unless, by July 1, 1976, such delivery vessel is
loaded through a submerged fill pipe.
3. A person shall not operate any gasoline loading
facility which 1s granted an exemption pursuant
to Section D.I. of this Rule unless after July 1, 1976:
a. The facility is equipped with a system or systems
to prevent the release to the atmosphere of at
least 90 percent by weight of the gasoline vapors
displaced during the filling of the facility's
stationary storage containers; and
b. The facility is equpped with a pressure-
vacuum valve on the above ground stationary
storage containers with a minimum pressure valve
setting of 15 ounces, provided that such setting
will not exceed the container's maximum pressure
rating.
c. The owner or operator of any stationary storage
container granted an exemption pursuant to
Section D. of this Rule which 1s operating or in
the process of being installed or constructed
prior to July 1, 1975, shall comply with the
provisions of this Rule by July 1, 1976, and shall
comply with the following schedule:
(1) By November 1, 1975 - Apply for an
Authority to Construct from the A1r
Pollution Control Officer for Installation
of the needed control system;
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(2) By January 1, 1976 - Submit to the
A}r Pollution Control Officer 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 orders for the purchase
of component parts necessary to accomplish
the necessary emission control have
been Issued;
(3) By March 1, 1976 - Initiate on-site
construction or Installation of emission
control equipment;
(4) By June 1, 1976 - Complete on-site
construction or Installation of emission
control equipment; and
(5) By July 1, 1976 - Secure the Air Pollution
Control Officer's approval of all equip-
ment and a Permit to Operate.
If any stationary storage container or gasoline loading
facility subject to this Rule 1s Installed or 1n
the process of being installed prior to September 1, 1974,
and not exempt under Section D, the owner or operator
of such container or gasoline loading facility shall
comply with the provisions of this Rule by May 1, 1976,
and shall meet the following compliance schedule:
1. September 1, 1974 - Submit to the A1r Pollution
Control Officer a final control plan which describes
as a minimum the steps that will be taken by
the source to achieve compliance with the provisions
of this Rule.
2. March 1, 1975 - Negotiate and sign all necessary
contracts for emission control systems, or issue
orders for the purchase of component parts to
accomplish emission control.
3. May 1, 1975 - Initiate on-site construction
or Installation of emission control equipment.
4. February 1, 1976 - Complete on-s1te construction
or installation of emission control equipment.
5. May 1, 1976 - Assure final compliance with the
provisions of this Rule.
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(51.16) Rule 71. Transfer of Gasoline Into Vehicle Fuel Tanks
A. A person shall not transfer or permit the transfer
of gasoline Into any motor vehicle fuel tank of greater
than 5 gallons capacity unless such transfer Is made
through a fill nozzle which:
1. Direct the gasoline vapors displaced by the
transfer through the fill nozzle to a system
that will prevent at least 90 percent by volume
of such hydrocarbon vapors from entering the
atmosphere; and
2. Prevents fuel tank overfills and spillage on
fill nozzle disconnect.
B. The provisions of this Rule shall not apply to:
1. The transfer of gasoline from any container
having a capacity of 250 gallons or less, nor
from any mobile container used exclusively for
refueling of motor vehicles.
2. The transfer of gasoline from any container
having a capacity of less than 2,000 gallons
which was Installed prior to Rule adoption.
3. The transfer of gasoline from any underground
storage container Installed prior to January 1, 1965,
where the fill line between the fill connection and
container 1s offset.
4. The fueling of Implements of husbandry, as such
vehilcles are defined in Division 16 (Section
26000, et seq) of the Caifornia Vehicle Code.
5. The transfer of gasoline from any container exempted
by Section D. of Rule 70.
C. Any gasoline dispensing system subject to this Rule,
installed on or after September 1, 1974, shall comply
with the provisions of this Rule at the time of
Installation.
D. Any gasoline dispensing system subject to this Rule,
Installed or 1n the process of being Installed prior to
September 1, 1974, shall comply with the provisions of
this Rule by May 1, 1976, and shall meet the following
compliance schedule:
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1. September 1, 1974 - SumbH to the A1r Pollution
Control Officer a final control plan which describes,
at a minimum, the steps that will be taken by
the source to achieve compliance with the provisions
of paragraph A of this Rule;
2. March 1, 1975 - Commence Issuing purchase orders
and contracts for component parts and Installation
of control systems In accordance with paragraph
D.I above;
3. May 1, 1975 - Initiate on-slte construction
or Installation of emission control equipment;
4. February 1, 1976 - Complete on-s1te construction
or Installation of emission control equipment;
5. May 1, 1976 - Assure final compliance with the
provisions of paragraph A of this Rule.
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(10.0) Rule 72. New Source Performance Standards
A. The provisions of this rule shall apply to the owner or
operator of any stationary source which contains an affected
facility, the construction or modification of which is
commenced after June 10, 1975.
B. For the purpose of Rule 72 and Us subparts, the
following definitions shall be applicable.
1. "Affected facility" means any apparatus to which a
standard 1s applicable.
2. "Commenced" means that an owner or operator has under-
taken a continuous program of construction or modifi-
cation or that an owner or operator has entered into a
contractual obligation to undertake and complete,
within a reasonable time, a continuous program of
construction or modification.
3. "Construction" means fabrication, erection, or installa-
tion of an affected facility.
4. "Malfunction" means any sudden and unavoidable failure
of air pollution control equipment or process equip-
ment or of a process to operate 1n a normal or usual
manner. Failures that are caused entirely or in part
by poor maintenance, careless operation, or any other
preventable upset condition or preventable equipment
breakdown shall not be considered malfunctions.
5. "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 standard applies) emitted by such facility or
which results in the emission of any air pollutant
(to which a standard applies) not previously emitted,
except that:
a. Routine maintenance, repair, and replacement shall
not be considered physical changes, and
b. The following shall not be considered a change in
the method of operation:
1) An increase 1n the production rate, if such
increase does not exceed the operating design
capacity of the affected facility;
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2) An Increase In hours of operation;
3) Use of an alternative fuel or raw material
if, prior to the date any new source
performance standard becomes applicable
to such facility, the affected facility is
designed to accommodate such alternative use.
6. "Person" means any owner or operator who owns, leases,
operates, controls, or supervises an affected facility
or a stationary source of which an affected facility is
a part
7. "Rule 72" Includes all rules beginning with the number
72.
8. "Shutdown" means the cessation of operation of an
affected facility for any purpose.
9. "Startup" means the setting in operation of an affected
facility for any purpose.
C. Notifications, Records, Excess Emissions Reports
1. Any person subject to the provisions of Rule 72 shall
furnish the control officer written notification as
follows:
a. A notification of the anticipated date of initial
startup of an affected facility not more than 60
days or less than 30 days prior to such date.
b. A notification of the actual date of initial startup
of an affected facility within 15 days after such
date.
2. Any person subject to the provisions of Rule 72 shall
maintain for a period of 2 years a file of all measure-
ments, including monitoring and performance testing
measurements, and all other reports and records required
by Rule 72 (and shall upon request submit reports of
such measurements or records in the form and manner
prescribed by the A1r Pollution Control Officer).
3. Any person subject to the.provisions of Rule 72 shall
maintain for a period of 2 years a record of the
occurrence and duration of any startup, shutdown, or
malfunction 1n operation of any affected facility.
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4. A written report of excess emissions as defined In the
applicable rule shall be submitted to the control
officer by each owner or operator for each calendar
quarter. The report shall Include the magnitude of
excess emissions as measured by the required monitoring
equipment reduced to the units of the applicable stand-
ard, the date, and the time of commencement and comple-
tion of each period of excess emissions. Periods of
excess emissions due to startup, shutdown, and mal-
function shall be specifically identified. The nature
and cause of any malfunction (if known), the corrective
action taken, or preventive measures adopted shall be
reported. Each quarterly report is due by the 30th
day following the end of the calendar quarter. If there
were not excess emissions for a quarter a report shall
be submitted indicating that there were no excess
emissions.
D. Performance Tests
1. Within 60 days after achieving the maximum production
rate at which the affected facility will be operated
but not later than 180 days after initial startup of
such facility and at such other times as may be required
by the control officer, the owner or operator of such
facility shall conduct performance test(s) and furnish
the control officer a written report of the results of
such performance test(s). The control officer may at
his option, conduct the required performance tests
(and may charge the owner or operator a fee not to
exceed the actual cost of such tests).
2. Performance tests shall be conducted and data reduced
1n accordance with the test methods and procedures pre-
scribed by the Control Officer.
3. Performance tests shall be conducted under such condi-
tions as the Control Officer shall specify to the plant
operator based on representative performance of the
affected facility. The owner or operator shall make
available to the Control Officer such records as may be
necessary to determine the conditions of the performance
tests. Operations during period of startup, shutdown,
and malfunction shall not constitute representative
conditions of performance tests unless otherwise specif-
ied in the applicable rule.
4. The owner or operator of an affected facility shall
provide the control officer 30 days prior notice of the
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performance test to afford the control officer the
opportunity to have an observer present.
5. Each performance test shall consist of three separate
runs. For the purpose of determining compliance with
an applicable standard, the arithmetic means of results
of the three runs shall apply. In the event that a
sample is accidentally lost or conditions occur in
which one of the three runs must be discontinued be-
cause of forced shutdown, failure of an irreplaceable
portion of the sample train, extreme meteorological
conditions, or other circumstances beyond the owner or
operator's control, compliance may, upon the control
officer's approval, be determined using the arithmetic
mean of the results of the two other runs.
E. Compliance
Compliance with standards in these rules, other than opacity
standards, shall be determined only by performance tests
established by paragraph C of this rule, except where
performance tests are not specified.
F. Monitoring
Monitoring shall be conducted in accordance with that speci-
fied in the Appendix of the Ventura County Air Pollution
Control District Rules and Regulations.
G. Test Procedure
Emissions shall be tested according to methods specified in
the Appendix of the Ventura County Air Pollution Control
District Rules and Regulations.
H. If any other applicable rule in these Rules and Regulation
is more restrictive than the rules regarding performance
standards, including Rule 268, that rule shall apply.
(51.10) Rule 72.1 Standard of Performance of Nitric Acid Plants
A. No person shall cause to be discharged into the atmosphere
from any nitric acid production unit any gases which:
1. Contain nitrogen oxides, expressed as NO?, in excess of
3 Ibs. per ton of acid produced; the production being
expressed as 100% nitric acid.
2. Exhibit ten percent opacity or greater. Where the
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presence of uncomblned water 1s the only reason for
failure to meet this requirement, such failure shall not
be considered a violation of this rule.
B. For the purpose of this Rule, "Nitric acid production
unit" means any facility producing weak nitric acid by
either the pressure or atmospheric pressure process.
"Weak nitric add" means add which 1s 30 to 70 percent
1n strength.
(51.18) Rule 72.2 Standard of Performance for Sulfuric Add Plants
A. No person shall cause to be discharged Into the atmosphere
from any facility whose construction was commenced after
adoption of this rule any gases which:
1. Contain sulfur dioxide 1n excess of 4 Ib. per ton of
add produced, the production being expressed as 100%
H2S04;
2. Contain add mist, expressed as tUSO*, in excess of 0.15
Ib per ton of add produced, the production being
expressed as 100% H^SO^;
3. Exhibit 10 percent opacity or greater. Where the pre-
sence of uncomblned water 1s the only reason for fail-
ure to meet this requirement, such failure shall not be
considered a violation of this Rule.
B. For the purpose of this Rule, the following definitions shall
apply:
1) "Add Mist" means sulfuric acid mist, as measured by
test methods set forth 1n the appendix of these rules
and regulations.
2) "Sulfuric Acid Plants" means any facility producing sul-
furfc acid by the contact process by burning elemental
sulfur, alkylatlon acid, hydrogen sulflde, organic sul-
fides, and mercaptans, or acid sludge, but does not in-
clude facilities where conversion to sulfuric acid is
utilized primarily as a means of preventing emissions to
the atmosphere of sulfur dioxide or other sulfur com-
pounds.
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(51.8) Rule 72.3 Standard of Performance for Asphalt Concrete Plants
A. No person shall cause to be discharged Into the atmosphere
from any affected facility any gases which:
1. Contain particulate matter in excess of 0.04 gr/dscf.
2. Exhibit 20 percent opacity, or greater. Where the
presence of uncombined water is the only reason for
failure to meet the requirements of this paragraph,
such failure shall not be a violation of this Rule.
B. For the purpose of this Rule "asphalt concrete plant" means
any facility used to manufacture asphalt concrete by heating
and drying aggregate and mixing with asphalt cement and is
comprised only of any combination of the following: Dryers;
systems for screening, handling, storing, and weighing hot
aggregate; systems for loading, transferring, and storing
mineral filler, systems for mixing asphalt concrete; and the
loading, transfer, and storage systems associated with
emission control systems.
(51.15) Rule 72.4 Petroleum Refineries
A. No person shall cause to be discharged Into the atmosphere:
1. From any fluid catalytic cracking unit catalyst re-
generator or from any fluid catalytic cracking unit
incinerator-waste heat boiler:
a. Partlcluate matter 1n excess of 1.0 lb/1000 Ibs. of
coke burn-off in the catalyst regenerator.
b. Gases which exhibit 30 percent opacity or greater,
except for 3 minutes in any one hour. Where the
presence of uncombined water is the only reason
for failure to meet the requirements of this sub-
paragraph, such failure shall not be a violation
of this Rule.
c. In those instances in which auxiliary liquid or solid
fossil fuels are burned in the fluid catalytic
cracking unit Incinerator-waste heat boiler, part-
iculate matter in excess of that permitted by sub-
paragraph la of this Rule may be emitted to the
atmosphere except that the incremental rate of
particulate emissions shall not exceed 0.10 lb/
million B.T.U. of heat input attributable to such
liquid or solid fuel.
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2. From the fluid catalytic cracking unit catalyst re-
generator any gases which contain carbon monoxide In
excess of 0.050 percent by volume.
B. 1. No person shall burn 1n any fuel gas combustion device,
any fuel gas which contains H?S 1n excess of 0.10
gr/dscf, except as provided 1n subparagraph 2 of this
paragraph. The combustion of process upset gas in a
flare, or the combustion 1n a flare of process gas or
fuel gas which 1s released to the flare as a result of
relief valve leakage, 1s exempt from this paragraph.
2. The owner or operator may elect to treat the gases
resulting from the combustion of fuel gas in a manner
which limits the release of SO, to the atmosphere if it
1s shown to the satisfaction or the control officer that
this prevents SCL emissions as effectively as compliance
with requirements of subparagraph 1 of this paragraph.
C. For the purpose of this Rule the following definitions shall
apply:
1. "Coke burn-off" means the coke removed from the surface
of the fluid catalytic cracking unit catalyst by com-
bustion in the catalyst regenerator. The rate of coke
burn-off is calculated by the formula specified in the
appendix of the Ventura County A1r Pollution Control
District, Rules and Regulations.
2. "Fuel gas" means any gas which 1s generated by a petrol-
eum refinery process unit and which is combusted, includ-
ing any gaseous mixture of natural gas and fuel gas
which 1s combusted.
3. "Fuel gas combustion device" means any equipment, such
as process heaters, boilers and flares used to combust
fuel gas, but does not Include fluid coking unit and
fluid catalytic cracking unit incinerator-waste heat
boilers or facilities in which gases are combusted to
produce sulfur or suIfuric acid.
4. "Petroleum" means the crude oil removed from the earth
and the oils derived from tar sands, shale, and coal.
5. "Petroleum refinery" means any facility engaged in
producing gasoline, kerosene distillate fuel oils,
residual fuel oils, lubricants, or other products
through distillation of petroleum or through redistill-
ation, cracking or reforming of unfinished petroleum
derivatives.
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6. "Process gas" means any gas generated by a petro-
leum refinery process unit, except fuel gas and
process upset gas as defined 1n these definitions.
7. "Process upset gas" means any gas generated by a
petroleum refinery process unit as a result of
startup, shut-down, upset or malfunction.
8. "Refinery process unit" means any segment of the
petroleum refinery in which a specific processing
operation is conducted.
(51.17) Rule 72.5 Standard of Performance for Secondary Lead Smelters
A. This rule applies to the following facilities in secondary
lead smelters; pot furnaces of more than 550 pound charging
capacity, blast (cupola) furnaces, and reverberatory furn-
aces.
No person shall cause to be discharged into the atmosphere:
1. From a blast (cupola) or reverberatory furnace
any gases which:
a. Contain participate matter in excess of 0.022
gr/dscf.
b. Exhibit 20 percent opacity or greater.
2. From pot furnaces any gases which exhibit 10
percent opacity or greater.
B. For the purpose of this Rule the following definitions shall
apply.
1. "Lead" means elemental lead or alloys in which the
predominant component is lead.
2. "Reverberatory furnace" includes the following
types of reverberatory furnaces: stationary,
rotating, rocking, or tilting.
3. "Secondary lead smelter" means any facility pro-
ducing lead from a lead-bearing scrap material
by smelting to the metallic form.
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(51.17) Rule 72.6 Standard of Performance for Secondary Brass and Bronze
Ingot Production Plants
A. This rule applies to the following facilities in secondary
brass and bronze Ingot production plants: reverberatory
and electric furnaces of 2205 Ib or greater production
capacity and blast (cupola) furnaces of 550 Ib/hour or
greater production capacity.
No person shall cause to be discharged Into the
atmosphere:
1. From a reverberatory furnace any gases which:
a. Contain particulate matter in excess of 0.022
gr/dscf.
b. Exhibit 20 percent opacity or greater.
2. From any blast (cupola) or electric furnace any
gases which exhibit 10 percent opacity or greater.
Where the presence of uncombined water is the only reason
for failure to meet the requirements of subparagraph 1
and 2 of this Rule, such failure shall not be a violation
of this Rule.
B. For the purpose of this Rule the following definitions
shall apply:
1. "Blast furnace" means any furnace used to recover
metal from slag.
2. "Brass or bronze" means any metal alloy containing
copper as its predominant constituent, and lesser
amounts of zinc, tin, lead, or other metals.
3. "Electric furnace" means any furnace which uses
electricity to produce over 50 percent of the
heat required in the production of refined brass
or bronze.
4. "Reverberatory furnace" includes the following
types of reverberatory furnaces: stationary,
rotating, rocking or tilting.
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(51.4) Rule 72.7 Standard of Performance for Iron and Steel Plants
A. No person shall cause to be. discharged Into the atmosphere
from any basic oxygen process furnace of Iron and steel
plants any gases, which contain partlculate matter in
excess of 0.022 gr/dscf.
B. For the purpose of this Rule, "basic oxygen process furn-
ace" means any furnace producing steel by charging
scrap steel, hot metal, and flux materials Into a vessel
and Introducing a high volume of an oxygen-rich gas.
(51.9) Rule 72.8 Standard of Performance for Sewage Treatment Plants
A. No person shall cause to be discharged into the atmosphere
from a municipal sewage treatment plant sludge incinerator
any gases which:
1. Contain partlculate matter at a rate in .excess of 1.30
Ib/ton of dry sludge Input.
2. Exhibit 20 percent opacity or greater. Where the
presence of uncomblned water Is the only reason for
failure to meet the requirements of this subparagraph,
such failure shall not be a violation of this Rule.
B. For the prupose of this Rule the following definitions
shall apply:
1. "Sewage sludge incinerator" means any combustion de-
vice used in the process of burning sewage sludge for
the primary purpose of solids sterilization and to
reduce the volume of waste by removing combustible
matter, but does not Include portable facilities or
facilities used solely for burning scum or other
floatable materials, recalcinlng lime, or regenerating
activated carbon.
2. "Sewage sludge" means the spent water of a community
consisting of liquid- and water-carried wastes from
residences, commercial buildings, industrial plants,
and institutions, together with any ground water,
surface water, and storm water that may be present.
3. "Sewage sludge" means the solid waste byproduct of
municipal sewage treatment processes, including any
solids removed in any unit operation of such treatment
process.
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4. "Sewage treatment plant" means any arrangement of
devices and structures for the treatment of sewage
and all appurtenances used for treatment and disposal
of sewage and other waste byproducts.
(51.21) Rule 72.9 Standards of Performance for the Phosphate Fertilizer
Industry
No owner or operator subject to the provisions of this Rule
shall cause to be discharged Into the atmosphere from:
A. Process Plants
1. From wet-process phosphoric acid plants: total fluo-
rides in excess of 10.0 g/metric ton of equivalent of
P20g feed (0.020 Ib/ton).
2. From superphosphoric add plants: total fluorides in
excess of 5.0 g/metric ton of equivalent P,0c feed
(0.010 Ib/ton). i 5
3. From diammonium phosphate plants: total fluorides
in excess of 30.0 g/metric ton of equivalent P90K
feed (0.060 Ib/ton) * &
4. For triple superphosphate plants: total fluorides in
excess of 100 g/metric ton of equivalent P90C feed
(0.20 Ib/ton). * 5
B. From granular triple superphosphate storage facilities:
total fluorides in excess of 0.25.g/hr/metric ton of
equivalent P205 stored (5.0 X 10 Ib/hr/ton of equi-
valent P20g stored).
C. Definitions
1. "Total fluorides" means elemental fluorine and all
fluoride compounds as measured by reference methods
specified in 40 CFR 60 Appendix A (August 6, 1975),
or equivalent or alternative methods.
2. "Equivalent P20S feed" means the quantity of phosphor-
our, expresses as phosphorous pentoxide, fed to the
process.
3. "Wet-process phosphoric acid plant" means any facility
manufacturing phosphoric acid by reacting phosphate
rock and acid.
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4. "Superphosphoric add plant" means any facility which
concentrates wet-process phosphoric acid to 66 percent
or greater P205 content by weight for eventual con-
sumption as a fertilizer.
5. "Granular dlamnonlum phosphate plant" means any plant
manufacturing granular dlammonlum phosphate by reacting
phosphoric add with ammonia.
6. "Triple superphosphate plant" means any facility manu-
facturing triple superphosphate by reacting phosphate
rock with phosphoric acid. A run-of-p1le triple
superphosphate plant Includes curing and storing.
7. "Run-of-pile triple superphosphate" means any triple
superphosphate that has not been processed 1n a granu-
le tor and 1s composed of particles at least 25 percent
by weight of which (when not caked) will pass through
a 16 mesh screen,
8. "Granular triple superphosphate storage facility" means
any facility curing or storing granular triple super-
phosphate.
(51.17) Rule 72.10 Standards of Performance for Steel Plants:
Electric Arc Furnaces
No owner or operator subject to the provisions of this Rule shall
cause to be discharged Into the atmosphere from an electric arc
furnace any gases which:
1. Exit from a control device and contain participate matter
in excess of 12 mg/dscm (0.0052 gr/dscf);
2. Exit from a control device and exhibit three percent opa-
city or greater; and
3. Exit from a shop and, due solely to opeations of an EAF(s),
exhibit greater than zero percent shop opacity except:
a. shop opacity greater than zero percent but less than
20 percent may occur during charging periods;
b. shop opacity greater than zero percent but less than
40 percent may occur during tapping periods;
c. opacity standards under paragraph A.3 of this section
shall apply only during periods when flow rates and
pressures are being established under paragraph 3.a.
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and d.'i 1n the monitoring section; and
d. where
roof c
the capture system 1s operated such that the
f the shop 1s closed during the charge and the
tap, and emissions to the atmosphere are prevented
untn the roof 1s opened after completion of the
charge or tap, the shop opacity standards under
paragraph A.3. of this section shall apply when the
roof 1s opened and shall continue to apply for the
length of time defined by the charging and/or
tapping periods.
B. No owner or operator subject to the provisions of this
Rule shall cause to be discharged Into the atmosphere
from dust-handling equipment any gases which:
1. Exhibit ten percent opacity or greater.
C. Definitions
1. "Electric air furnace" (EAF) means any furnace that
produces molten steel and heats the charge materials
with electric arcs from carbon electrodes. Furnaces
from which the molten steel 1s cast Into the shape
of finished products, such as 1n a foundry, are not
affected facilities included within the scope of this
definition. Furnaces which, as the primary source of
iron, continuously feed prereduced ore pellets are
not affected facilities within the scope of this
definition.
2. "Dust-handling equipment" means any equipment used to
handle particulate matter collected by the control
device and located at or near the control device for
an EAF subject to this subpart.
3. "Control device" means the air pollution control equip-
ment used to remove particluate matter generated by
the EAF(s) from the effluent gas stream.
4. "Capture system" means the equipment (including ducts,
hoods, fans, dampers, etc.) used to capture or trans-
port particluate matter generated by an EAF to the
air pollutionocontrol device.
5. "Charge" means the addition of iron and steel scrape
or other materials into the top of an electric arc
furnace.
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6. "Charging period" means the time commencing at the
moment an EAF starts to open and ending either three
minutes after the EAF roof 1s returned to Its closed
position or six minutes after commencement of opening
of the roof, whichever 1s longer.
7. "Tapping period" means the time period commencing at
the moment an EAF begins to tilt to pour and ending
either three minutes after an EAF returns to an
upright position or six minutes after commencing to
tilt, whichever 1s longer.
8. "Meltdown and refining" means that phase of the steel
production cycle when charge material Is melted and
undesirable elements are removed from the metal.
9. "Meltdown and refining period" means the time period
commencing at the termination of the Initial charging
period and ending at the Initiation pf the tapping
period, excluding any Intermediate charging periods.
10. "Shop opacity" means the arithmetic average of 24 or
more opacity observations of emissions from the shop
taken 1n accordance with the method specified In Rule
l.C.2 for the applicable time periods.
11. "Heat time" means the period commencing when scrap Is
charged to an empty EAF and terminating when the EAF
tap Is completed.
12. "Shop" means the building which houses one or more
EAF's.
13. "Direct shell evacuation system" means any system that
maintains a negative pressure within the EAF above the
slag or metal and ducts these emissions to the control
device.
14. "Tap" means the pouring of molten steel from an EAF.
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(50.7) Rule 73.1 Emission Standard for Asbestos
A. A person shall not cause to be discharged into the atmos-
phere asbestos in the following amounts from the sources
listed:
1. Asbestos mills: no visible emissions to the outside
air from any asbestos mill except when air-cleaning
is elected as provided in the Exceptions to Visible
Emission Standard.
2. Roadways: the surfacing of roadways with asbestos
tailings or asbestos containing wastes is prohibited
except for temporary roadways on an area of asbestos
ore deposits. The deposition of asbestos tailings
on roadways covered with snow or ice is considered
"surfacing".
3. Manufacturing: no visible emissions to the outside
air, except when air-cleaning is elected as provided
in the Exceptions to Visible Emission Standard, from
any building or structure in which the following
are manufactured or directly from the manufacture
of these materials if they are manufactured outside
of buildings or structures:
a. cloth, cord, wicks, tubing, tape, twine, rope,
thread, yarn, roving, lap or other textile
materials.
b. cement products
c. fireproofing and insulating materials
d. friction products
e. paper, millboard, and felt
f. floor tile
g. paints, coatings, caulks, adhesives, sealants
h. plastics and rubber materials
i. chlorine
j. shotgun shells
k. asphalt concrete
4. Demolition and Renovation: any owner or operator of
demolition or renovation operation who demolishes any
institutional commercial, or industrial building
(Including apartment buildings having more than four
dwelling units), structure, facility, installation,
or portion thereof which contains any element that is
insulated or fireproofed with friable asbestos
material or renovates any of the above where more
than 80 meters (260 feet; of pipe insulated or
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f1reproofed with friable asbestos material Is
stripped or removed or where more than 50 sq. meters
(160 square feet) of friable asbestos material used
to Insulate or fireproof any other element 1s stripped
or removed shall use the following procedures to
prevent emissions of partlculate asbestos material
to the outside air.
a. Friable asbestos materials, used to Insulate or
fireproof any element shall be removed from any
building, structure, facility or Installation
subject to this paragraph. Such removal shall
occur before wrecking or dismantling of any
portion of such building, structure, facility, or
Installation that would break up the friable as-
bestos materials and before wrecking or dis-
mantling of any other portion of such building,
structure, facility, or installation that would
preclude access to such materials for subsequent
removal. Removal of friable asbestos material
used for Insulation or flreprooffng of any pipe,
duct, or structural member wich are encased in
concrete or other similar structural materials is
not required prior to demolition, but such material
shall be adequately wetted whenever exposed
during demolition.
b. Friable asbestos materials used to insulate or
fireproof elements shall be adquately wetted
during stripping, except as provided in paragraphs
d,f, or g of this section.
c. Elements that are Insulated or f1reproofed with
friable asbestos materials may be taken out of any
building, structure, facility, or installation
subject to this paragraph as units or in sections
provided the friable asbestos materials exposed
during cutting or disjointing are adequately
wetted during the cutting or disjointing operation.
Such units shall not be dropped or thrown to the
ground, but shall be carefully lowered to
ground level.
d. The stripping of friable asbestos materials used
to Insulate or fireproof any element that has been
removed as a unit or in sections as provided in
paragraph 4.c. shall be performed in accordance
with paragraph 4.b. of this section. Rather than
comply with the wetting requirement, a local ex-
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haust ventilation and collection system may be
used to prevent emissions to the outside air.
Such local exhaust ventilation systems shall be
designed and operated to capture the asbestos
partlculate matter produced by the stripping of
friable asbestos material. There shall be no
visible emissions to the outside air from such
local exhaust ventilation and collection systems
except as provided In the Exceptions to Visible
Emission Standard.
e. All flrable asbestos materials that have been re-
moved or stripped shall be adequately wetted to
ensure that such materials remain wet during all
remaining stages of demolition of renovation and
related handling operations. Such materials that
have been removed or stripped more than 15 meters
(50 feet) above ground level, except those
materials removed as units or 1n sections, shall
be transported to the ground via dust-tight
chutes or containers.
f. Except as specified below, the wetting requirements
of this paragraph are suspended when the tempera-
ture at the point of wetting is below 0°C (32°F).
When friable asbestos materials are not wetted due
to freezing temperatures, such materials or
elements shall, to the maximum extent possible,
be removed as units or in sections prior to wreck-
Ing. In no case shall the requirements of para-
graphs 4.d or 4.e be suspended due to freezing
temperatures.
g. For renovation operations, local exhaust ventila-
tion and collection systems may be used, instead
of wetting as specified in paragraph 4.5., to
prevent emissions of partlculate asbestos material
to outside air when damage to equipment resulting
from the wetting would be unavoidable. Upon request
and supply of adequate information, the control
officer will determine whether damage to equip-
ment resulting from wetting to comply with the
provisions of this paragraph would be unavoidable.
Such local exhaust ventilation systems shall be
designed and operated to capture the asbestos
partlculate matter produced by the stripping and
removal of friable asbestos material. There shall
be no visible emissions to the outside air from
such local exhaust ventilation and collection
systems, except as provided in the Exceptions to
-------
Visible Emission Standard
h. The demolition of a building, structure, facility
or Installation, pursuant to an order of an
authorized representative of a State or Local
governmental agency, Issued because that building
Is structurally unsound and 1n danger of imminent
collapse 1s exempt from all but the following
requirements of paragraph 4. of this section.
1. The requirements on stripping of friable
asbestos materials from previously removed
units or sections as specified In paragraph
4.d. of this section;
2. The wetting, as specified by paragraph 4.e.
of this section, of friable asbestos materials
that have been removed or stripped; and
3. the portion of the structure being demolished
that contains friable asbestos materials shall
be adequately wetted during the wrecking
operation.
5. Spraying: there shall be no visible emission to the
outside air from the spray-on application of materials
containing more than one percent asbestos, on a dry
weight basis, used to insulate or fireproof equipment
and machinery, except as provided in the Exceptions
to Visible Emission Standard. Spray-on materials used
to insulate or fireproof buildings, structures, pipes
and conduits shall contain less than one percent
asbestos on a dry weight basis.
a. Any owner or operator who intends to spray asbestos
materials which contain more than one percent as-
bestos on a dry weight basis to insulate or fire-
proof equipment and machinery shall report such
intention to the control officer at least 20 days
prior to the commencement of the spraying operation.
Such report shall include the following information.
1. name of owner or operator
2. address of owner or operator
3. location of spraying operation
4. procedures to be followed to meet the require-
ments of this paragraph.
6. Fabricating: there shall be no visible emissions to
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outside air, except as provided in the Exceptions to
Visible Emission Standard from any of the following
operations 1f they use commercial asbestos or from
any building or structure in which such operations
are conducted.
a. The fabrication of cement building products.
b. The fabrication of fraction products, except those
operations that primarily Install asbestos
friction materials on motor vehicles.
c. The fabrication of cement or silicate board for
ventilation hoods, ovens, electrical panels,
laboratory furniture, bulkheads, partitions and
ceilings for marine construction, and flow control
devices for the molten metal industry.
7. Insulating: molded insulating materials which are
friable and wet-applied Insulating materials which
are friable after drying, installed after the
effective date of these regulations, shall contain no
commercial asbestos. The provisions of this paragraph
do not apply to Insulating materials which are spray
applied; such materials are regulated under paragraph
5.
8. Waste disposal for manufacturing, fabricating, demoli-
tion, renovation and spraying operations: the owner
or operator of any source shall meet the following
standards:
a. There shall be no visible emissions to the outside
air, except as provided in paragraph 8.c. of this
section, during the collection, processing (Includ-
ing Incineration), packaging, transportsting, or
deposition of any asbestos-containing waste
material which is generated by such source;
b. All asbestos-containing waste material shall be
deposited at waste disposal sites which are
operated In accordance with the provisions of
paragraph 11.;
c. Rather than meet the requirement of paragraph 8.a.
of this section, an owner or operator may elect
to use either of the disposal methods specified
under 1. and 2. of this section or an alternative
disposal method which has received prior-approval
by the air pollution control officer.
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1. Treatment of asbestos-containing waste material
with water:
a. Control device asbestos waste shall be thor-
oughly mixed with water into a slurry and
other asbestos-containing waste material
shall be adequately wetted. There shall be
no visible emissions to the outside air
from the collection, mixing, and wetting
operations, except as provided in the
Exceptions to Visible Emission Standard;
b. After wetting, all asbestos-containing
waste material shall be sealed Into leak-
tight containers while wet, and such con-
tainers shall be deposited at waste dis-
posal sites which are operated in accord-
ance with the provisions of paragraph 11.
The containers shall be labeled with a
warning label that states:
CAUTION
Contains Asbestos
Avoid Opening or Breaking Container
Breathing Asbestos is Hazardous
Alternatively, warning libels specified by
the Occupational Safety and Health Adminis-
tration may be used.
2. Processing of asbestos-containing waste material
into non-friable forms:
a. All asbestos-containing waste material shall
be formed into non-friable pellets or other
shapes and deposited at waste disposal sites
which are operated in accordance with the
provisions of paragraph 11.;
b. There shall be no visible emissions to the
outside air from the collection and process-
ing of asbestos-containing waste material
except as specified in the Exceptions to
Visible Emission Standard;
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c. For the purposes of this paragraph 8. the term
all asbestos-containIng waste material as
applied to demolition and renovation operations
covered by paragraph d. of this section in-
cludes only friable asbestos waste and control
device asbestos waste.
9. Waste disposal for asbestos mills: the owner or operator
of any source covered under the provisions of paragraph 1.
of this section shall meet the following standard:
a. There shall be no visible emissions to the outside
air, except as provided In paragraph 9.c. of this
section, during the collection, processing, packaging,
transporting or deposition of any asbestos-containing
waste material which 1s generated by such source;
b. All asbestos-containing waste material shall be
deposited at waste disposal sites which are operated
in accordance with the provisions of paragraph 11.;
and
c. Rather than meet the requirement of paragraph 9.a. of
this section, an owner or opreator may elect to meet
the following requirements in paragraphs 9.c.l. and
2., or use an alternative disposal method which has
received prior approval by the control officer.
1. There shall be no visible emissions to the outside
air from the transfer of control device asbestos
waste to the tailings conveyor, except as provided
in the Exceptions to Visible Emission Standard.
Such waste shall be subsequently processed either
as specified in paragraph 9,c,2. of this section
or as specified in paragraph 8.c. of this section.
2. All asbestos-containing waste material shall be
adequately mixed, with a wetting agent recommended
by the manufacturer of the agent to effectively
wet dust and tailings, prior to deposition at a
waste disposal site. Such agent shall be used as
recommended for the particular dust by the manu-
facturer of the agent. There shall be no dis-
charge of visible emissions to the outside air
from the wetting operation except as specified in
the Exceptions of Visible Emission Standard. Wet
ting may be suspended when the ambient temperature
at the waste disposal site is less than -9.5 C
(15 F). The ambient air temperature shall be
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determined by an appropriate measurement
method with an accuracy of +1°C (+2°F) and
recorded at least at hour!/"Intervals during
the period that the operation of the wetting
system is suspended. Records of such temperature
measurements shall be retained at the source for
a minimum of two years and made available for
inspection by the control officer.
10. Inactive Waste Disposal Sites: the owner of any
inactive waste disposal site, which was operated
by sources covered under 1., 3. or 6., and where
asbestos-containing waste material produced by such
sources was deposited, shall meet the following
standards:
a. There shall be no visible emissions to the out-
side air from an active waste disposal site
subject to this paragraph, except as provided
in paragraph lO.e. of this section;
b. Warning signs shall be displayed at all entrances,
and along the property line of the site or along
the perimeter of the sections of the site where
asbestos-containing waste material was deposited,
at intervals of 100 meters (330 feet) or less,
except as specified in paragraph 10.d. of this
section. Signs shall be posted in such a manner
and location that a person may easily read the
legend. The warning signs required by this
paragraph shall conform to the requirements of
50 x 35 centimeters (20 x 14 inches) upright
format signs specified by OSHA and this para-
graph. The signs shall display.the following legend
in the lower panel, with letter sizes and styles
of a visibility at least equal to those specified
in this paragraph:
LEGEND
Asbestos Waste Disposal Site
Do Not Create Dust
Breathing Asbestos is Hazardous
to your Health
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Notation
1" Sans Serif, Gothic or Block
3/4" Sans Serif, Gothic or Block
14 Point Gothic
c. The perimeter of the site shall be fenced 1n a
manner adequate to deter access by the general
public, except as specified 1n paragraph 10.d.
of this section;
d. Warning signs and fencing are not required where
the requirements of paragraphs .lO.e.l or 2. of
the section are met, or where a natural barrier
adequately deters access by the general public.
Upon request and supply of appropriate informa-
tion, the control officer will determine whether
a fence or a natural barrier adequately deters
access to the general public; and
e. Rather than meet the requirement of paragraph 10.a.
of the section, an owner may elect to meet the
requirements of this paragraph or may use an
alternative control method for emissions from
inactive waste disposal sites which has received
prior approval by the control officer.
1. The asbestos-containing waste material shall
be covered with at least 15 centimeters
(six inches) of compacted non-asbestos-con-
taining material, and a cover of vegetation
shall be grown and maintained on the area
adequate to prevent exposure of the asbestos-
containing waste material; or
2. The asbestos-containing waste material shall
be covered with at least 60 centimeters (two
feet) of compacted non-asbestos-containing
material and maintained to prevent exposure
of the asbestos-containing waste; or
3. For inactive waste disposal sites for asbestos
tailings, a resinous or petroleum-based dust
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suppression agent which effectively binds
dust and controls wind erosion shall be
applied. Such agent shall be used as re-
commended for the particular asbestos
tailings by the dust suppression agent
manufacturer. Other equally effective dust
suppression agents may be used upon prior
approval by the control officer. For
purposes of this paragraph, waste crank-
case oil is not considered a dust suppression
agent.
11. Active Waste Disposal Sites: an active waste disposal
site (for disposal of asbestos-containing waste mater-
ial) shall meet the requirements of this section.
a. There shall be no visible emissions to the outside
air from any active waste disposal site where
asbestos-containing waste material has been
deposited, except as provided in paragraph
11.e. of this rule.
b. Warning signs shall be displayed at all entrances,
and along the property line of the site or along
the perimeter of the sections of the site where
asbestos-containing waste material is deposited,
at Intervals of 100 meters (330 feet) or less
except as specified in paragraph lO.d. of this
rule. Signs shall be posted in such a manner
and location that a person may easily read the
legend. The warning signs required by this
paragraph shall conform to the requirements of
50 x 35 centimeters (20 x 14 inches) upright
format signs specified by the OSHA and this
paragraph. The signs shall display the follow-
ing legend in the lower panel, with letter sizes
and styles of a visibility at least equal to those
specified in this paragraph:
LEGEND
Asbestos Waste Disposal Site
Do Not Create Dust
Breathing Asbestos is Hazardous
to your Health
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Notation
1" Sans Serif, Gothic or Block
3/4" Sans Serif, Gothic or Block
14 Point Gothic
Spacing between lines shall be at least equal to
the height of the upper of the two lines.
c. The perimeter of the disposal site shall be
fenced in order to adequately deter access to
the general public except as specified in
paragraph lO.d. of this rule.
d. Warning signs and fencing are not required where
the requirements of paragraph 3.1. of this
section are met, or where a natural barrier
adequately deters access to the general public.
Upon request and supply of appropriate informa-
tion, the air pollution control officer will
determine whether a fence or a natural barrier
adequately deters access to the general public.
e. Rather than meet the requirement of paragraph
11.a. of this rule, an owner or operator may
elect to meet the requirements of paragraph
K.5.a= or K.5.b. of this rule, or may use an
alternative control method for emissions from
active waste disposal sites which has received
prior approval by the air pollution control
officer.
1. At the end of each operating day, or at least
once every 24-hour period while the site is
in continuous operation, the asbestos-con-
taining waste material which was deposited
at the site during the operating day or
previous 24-hour period shall be covered
with at least 15 centimeters (six inches)
of compacted non-asbestos-containing material.
2. At the end of each operating day, or at least
once every 24-hour period while the disposal
site is in continuous operation, the asbestos-
containing waste material which was deposited
at the site during operating day or previous
24-hour period shall be covered with a
resinous or petroleum-based dust suppression
agent which effectively binds dust and controls
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wind erosion. Such agent shall be used as
recommended for the particular dust by the
dust suppression agent manufacturer. Other
equally effective dust suppression agents
may be used upon prior approval by the
control officer. For purposes of this para-
graph, waste crankcase oil 1s not considered
a dust suppression agent.
B. Definitions
1. "Active waste disposal site" means any disposal site
other than an Inactive site.
2. "Adequately wetted" means sufficiently mixed or coated
with water or an aqueous solution to prevent dust
emissions.
3. "Asbestos" means actlnolite, amoslte, anthophylllte,
chrysotHe, croc1dol1te, tremollte.
4. "Asbestos material" means asbestos or any material
containing asbestos.
5. "Asbestos mill" means any facility engaged In the con-
version or any Intermediate step 1n the conversion
of asbestos ore Into commercial asbestos. Outside
storage of asbestos materials 1s not considered a
part of such facility.
6. "Asbestos tailings" means any solid waste product of
asbestos mining or milling operations which contains
asbestos.
7. "Asbestos-containing waste material" means any waste
which contains commercial asbestos and 1s generated
by a source subject to the provisions of this subpart,
Including asbestos mill tailings, control device
asbestos waste, friable asbestos waste material, and
bags or containers that previously contained commer-
cial asbestos.
8. "Commercial asbestos" means any variety of asbestos
which 1s preduced !by extracting asbestos from
asbestos ore.
9. "Control device asbestos waste" means any asbestos-
containing waste material that 1s collected In a
pollution control device.
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10. "Demolition" means the wrecking or taking out of any
load-supporting structural member and any related
removing or stripping of friable asbestos materials.
11. "Element" means any boiler, pipe, duct, tank, reactor,
turbine, or structural member.
12. "Fabricating" means any processing of a manufactured
product containing commercial asbestos, with the
exception of processing at temporary sites for the
construction or restoration of buildings, structures,
facilities or installations.
13. "Friable asbestos material" means any material that
contains more than one percent asbestos by weight
and that can be crumbled, pulverized, or reduced to
powder, when dry, by hand pressure.
14. "Inactive waste disposal site" means any disposal site
or portion thereof, where additional asbestos-containing
waste material will not be deposited and where the
surface 1s not disturbed by vehicular traffic.
15. "Manufacturing" means the combining of commerical as-
bestos, or in the case of woven friction products
the combining of textiles containing commercial
asbestos, with any other material(s), including
commercial asbestos, and the processing of this
commbination Into a product as specified in para-
graph 3.
16. "Outside air" means the air outside buildings and
structures.
17. "Particulate asbestos material" means finely divided
particles of asbestos material.
18. "Removing" means taking out friable asbestos materials
used to Insulate or fireproof any element from any
building, structure, facility, or installation.
19. "Renovation" means the removing or stripping of fri-
able asbestos material used to insulate or fireproof
any element. Operations in which load-supporting
structural members are wrecked out are excluded.
20. "Planned renovation" means a renovation operation, or
a number of such operations, in which the amount
of friable asbestos material that will be removed
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or stripped within a given period of time can be
predicted. Operations that are individually non-
scheduled are Included, provided a number of such
operations can be predicted to occur during a given
period of time based on operating experience.
21. "Emergency renovation" means a renovation operation
that results from a sudden, unexpected event, and
is not a planned renovation. Operations necessitated
by non-routine failures of equipment are included.
22. "Roadways" means surfaces on which motor vehicles
travel Including but not limited to, highways, roads,
streets, parking areas, and driveways.
23. "Stripping" means taking off friable asbestos materials
used for insulating or fireproofing from any pipe,
duct boiler, tank, reactor, turbine, furnace, or
structural member.
24. "Visible emissions" means any emissions which are
visually detectable without the aid of instruments
and which contain particulate asbestos.material.
(50.7) Rule 73.2 Emission Standard for Beryllium
A. No person shall discharge or cause the discharge to the
atmosphere of more than 10 grams of beryllium over a
24-hour period from the following stationary sources:
1. Extraction plants, ceramic plants, foundries, incinera-
tors, and propellant plants which process beryllium
ore, beryllium, beryllium oxide, beryllium alloys,
or beryllium-containing waste.
2. Machine shops which process beryllium, beryllium
oxides, or any alloy when such alloy contains more
than 5 percent beryllium by weight.
B. The burning of beryllium and/or beryllium-containing
waste, except propel1ants, is prohibited except in
incinerators, emissions from which must comply with this
Rule.
C. For the purpose of this Rule the following definitions
shall apply:
1. "Beryllium" means the element beryllium. Where weights
or concentrations are specified, such weights or con-
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centratlons apply to beryllium only, excluding
the weight or concentration of any associated
elements.
2. "Beryllium alloy" means any metal to which beryllium
has been added in order to increase its beryllium
content and which contains more than 0.1 percent
beryllium by weight.
3. "Beryllium-containing waste" means material contamin-
ated with beryllium and/or beryllium compounds used
or generated during any process or operation performed
by a source subject to this Rule.
4. "Beryllium ore" means any naturally occuring material
mined or gathered for its beryllium content.
5. "Ceramic plant" means a manufacturing plant producing
ceramic items.
6. "Extraction plant" means a facility chemically process-
ing beryllium metal or alloy or oxide, or performing
any of the intermediate steps in these processes.
7. "Foundry" means a facility engaged in the melting or
casting of beryllium metal or alloy.
8. "Incinerator", for the purpose of this Rule only, means
any furnace used in the process of burning waste for
the primary purpose of reducing the volume of the
waste by removing combustible matter.
9. "Machine shop" means a facility performing cutting,
grinding, turning, honing, milling, deburring,
lapping, electro-chemical machining, etching, or
other similar operations.
10. "Propellent" means a fuel and oxidizer physically
or chemically combined which undergoes combustion to
provide rocket propulsion.
11. "Propellant plant" means any facility engaged in the
mixing, casting, or machining of propellant.
(51.21) Rule 73.3 Emission Standard For Beryllium Rocket Motor Firing
A. No person may discharge or cause the discharge of emis-
sions to the atmosphere:
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1. From rocket-motor tests sites which cause time
weighted atmospherelc concentrations of beryllium
to exceed 75 microgram minutes per cubic meter
of air within the limits of 10 to 60 minutes,
accumulated during any 2 consecutive weeks, In
any area 1n which an effect adverse to public
health could occur.
2. If combustion products from the firing of beryllium
propel1ant are collected 1n a closed tank, emis-
sions from such tank shall not exceed 2 grams per
hour and a maximum of 10 grams per day.
B. For the purpose of this Rule the following definitions
shall apply:
1. "Beryllium propel1 ant" means any propel1ant In-
corporating beryllium.
2. "Rocket motor test site" means any building,
structure, facility, or Installation where the
static test firing of a beryllium rocket motor
and/or the disposal of beryllium propel!ant is
conducted.
(50.7) Rule 73.4 Emission Standard for Mercury
A. Emissions to the atmosphere from those stationary sources
which process mercury ore to recover mercury and those
which use mercury chlor-alkali cells to produce chlorine
gas and alkali metal hydroxide shall not exceed 2,300
grams of mercury per 24-hour period.
B. Emissions to the atmosphere from sludge Incineration plants,
sludge drying plants, or a combination of these that pro-
cess wastewater treatment plant sludges shall not exceed
3,200 grams of mercury per 24-hour period. If any other
rule 1n these rules and regulations 1s more restrictive,
that rule shall apply.
C. Definitions
1. "Cell room" means a structure(s) housing one or more
mercury electrolytic chlor-alkali cells.
2. "Condenser stack gases" means the gaseous effluent
evolved from the stack or processes utilizing heat
to extract mercury metal from mercury ore.
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3. "Denuder" means a horizontal or vertical container
which is part of a mercury chlor-alkali cell and in
which water and alkali metal amalgam are converted
to alkali metal hydroxide, mercury, and hydrogen
gas in a short-circuited, electrolytic reaction.
4. "End box" means a container(s) located on one or both
ends of a mercury chlor-alkali electrolyzer which
serves as a connection between the electrolyzer
and denuder for rich and stripped amalgam.
5. "Hydrogen gas stream" means a hydrogen stream formed
in the chlor-alkali cell denuder.
6. "Mercury" means the element mercury, excluding any
associated elements, and includes mercury in part-
iculates, vapors, aerosols, and compounds.
7. "Mercury chlor-alkali cell" means a device which is
basically composed of an electrolyzer section and
a denuder (decomposer) section and utilizes mercury
to produce chlorine gas, hydrogen gas, and alkali
metal hydroxide.
8. "Mercury chlor-alkali electrolyzer" means an electro-
lyzer device which is part of a mercury chlor-alkali
cell and utilizes a flowing mercury cathode to
produce chlorine gas and alkali metal amalgam.
9. "Mercury ore" means a mineral mined specifically for
its mercury content.
10. "Mercury ore processing facility" means a facility
processing mercury ore to obtain mercury.
11. "Sludge" means sludge produced by a treatment plant
that processes municipal or Industrial waste waters,
12. "Sludge dryer" means a device used to reduce the mois-
ture content of sludge by heating to temperatures
above 65° C (150°F) directly with combustion.
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REGULATION V. ORCHARD HEATERS.
Exist. Permits
After the date of adoption of this Rule, no person shall
construct, place, maintain, alter, use or operate in
excess of 5 orchard heaters in any place where they may
by used or operated for frost protection, without first
obtaining a permit to do so from the Air Pollution Control
Officer. Application for such permits shall be made to
the Air Pollution Control Officer on forms obtained from
him and shall contain all information called for by such
forms. The Air Pollution Control Officer may require
the applicant to furnish such additional information as
he may deem necessary before passing on any application.
Permits shall be brought up to date through the use of
questionnaries supplied by the Air Pollution Control
District. This annual questionnaire will be mailed to the
mailing address on the original application and permit.
However, failure to receive the questionnaire will not
relieve the grower of his responsibility to report annually
to the Air Pollution Control District. If a grower fails
to file a questionnaire annually, his permit may be
cancelled and a new permit application and filing fee may
be required of him by the Air Pollution Control District.
A permit shall remain valid if annual questionnaries have
been filed satisfactorily and provisions of Rule 84 have
been complied with.
(3.0) Rule 80. Permits.
After the date of adoption of this Regulation, no person
shall construct, place, maintain, alter, use or operate
in excess of five (5) orchard heaters in any place where
they may be used or operated for frost protection, with-
out first obtaining a Permit to do so from the Air Pollu-
tion Control District. Application for such Permits shall
be made to the Air Pollution Control District on available
forms and shall contain all information required by such
forms. The Air Pollution Control District may require the
applicant to furnish such additional information as he may
deem necessary before acting on any application.
Information on Permits may be brought up to date
through the use of questionnaries mailed out by the Air
Pollution Control District. This questionnaire will be
mailed to the mailing address on the original application
and permit. If a grower fails to answer the questionnaire,
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his Permit may be cancelled and a new Permit appli-
cation and filing fee may be required by the A1r
Pollution Control District. A Permit shall remain
valid if questionnaires have been filed satisfactor-
ily and provisions of this Regulation have been
complied with.
Exist. Condition of Heaters.
Upon application from any permit to operate heaters,
the applicant shall execute a signed statement to
the effect that:
A. All heaters enumerated 1n said application are
clean, and relatively free of solids in stacks
and bowls.
B. All heaters enumerated in said application are
in good repair and working condition.
C. All such heaters will be maintained and operated
so as to comply with the rules governing the
permit. The Control Officer may make inspections
to determine the condition of the heaters. Upon
findings contrary to any requirement of this rule,
the application shall be refused approval until
such time as the condition of the heaters is such
to effect compliance.
(51.1) Rule 81. Condition of Heaters.
Upon application for any Permit to Operate heaters, the appli-
cant shall execute a signed statement to the effect that:
A. All heaters enumerated in said application are clean, and
relatively free of solids in stacks.
B. All heaters enumerated in said application are in good re-
pair and working condition and will comply with Rules 83
and 84.
C. All heaters not under fire with fuel contained within must
be covered when standing in the field.
D. All such heaters will be maintained and operated so as to
comply with the Rules governing the permit.
The Air Pollution Control District may make inspections to
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(51.1) Rule 82.
(51.1) Rule 83.
determine the condition of the heaters. Upon findings
contrary to any requirement of this Rule, the application
shall be denied until such time as the condition of the
heaters is such to effect compliance.
Exist. Burning Rubber and Other Substances.
It shall be unlawful for any person, for the purpose of
frost proection, to burn any rubber, rubber tires, or
any other substance containing rubber, or to burn oil or
other combustible substances in drums, pails or other
containers except orchard heaters.
Burning Rubber and Other Substances.
It shall be unlawful for any person, for the purpose of
frost proection, to burn any rubber, rubber tires, or any
other substance containing rubber, or to burn oil or other
combustible substances 1n drums, buckets, tubes, palls or
other containers except orchard heaters.
Fuels used in orchard heaters shall comply with appli-
cable Ventura County Air Pollution Control District Rules
and Regulations.
Exist. Orchard Heaters: Permitted and Prohibited Types.
Orchard heaters may be used for frost protection if they
are so designed or equipped, or can be operated or regu-
lated, so as not to discharge into the atmosphere un-
comsumed solid carbonaceous matter at a rate in excess of
one (1) gram per minute.
Orchard Heaters: Permitted Types.
Orchard heaters may be used for frost protection pursuant
to permit if they are so designed or equipped, or can be
operated or regulated, so as not to discharge into the
atmosphere uncomsumed solid carbonaceous matter at a rate
1n excess of one (1) gram per minute or are approved by the
State Air Resources Board.
Exist. Non-Complying Heaters: Continued Use of Certain Types.
Any person who owns or had in his possession on the effec-
tive date of this Regulation, any orchard heaters which
fail to comply with Rule 83 of this regulation, may
continue to use said heaters for frost protection. How-
ever, such non-complying heaters shall be converted so that
they comply with Rule 83, or shall be replaced by heaters
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which comply with Rule 83, pursuant to the following
schedule: twenty percent (20%) on or before March 5, 1969;
an additional twenty percent (20%) on or before March 5,
1970; an additional twenty percent (20%) on or before
March 5, 1971; an additional twenty percent (20%) on or
before March 5, 1972; and the final twenty percent (20%)
on or before March 5, 1973. Failure to convert or
replace said non-complying heaters in accordance with
the provisions of this rule shall be a misdemeanor.
(51.1) Rule 84. Non-Complying Heaters: Continued Use of Certain Types
Any person who owns or had in his possession on October 22,
1968 any orchard heaters which failed to comply with Rule
83 of this Regulation, amy continue to use said heaters
for frost protection until March 9, 1973, as long as they
constitute 20% or less of the total heaters used. After
March 9, 1973 all heaters must be of the complying type,
as specified in Rule 83.
Exist. Prohibition of Sale of Heaters.
It shall be unlawful to sell, or offer to sell, for use for
frost proection within the County of Ventura, any orchard
heater which does not comply with Rule 83 of this regulation
or which cannot be modified to comply with Rule 83.
(51.1) Rule 85. Prohibition of Sale of Heaters.
It shall be unlawful to sell, for use for frost protection
within the County of Ventura, any orchard heater which is
not approved by the State Air Resources Board, or does not
comply with Rule 83 of this Regulation.
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REGULATION VI. SAMPLING AND TESTING PROCEDURES
Exist. Analytical Methods.
The following analytical methods are herby adopted as
standard methods of the Ventura County A1r Pollution
Control District. Other analytical methods may be used
in place of the standard methods provided that equi-
valent results are obtained. In cases where the standard
methods are not valid, applicable methods acceptable to
the Control Officer may be substituted.
A. Rule 50. Opacity. Ringelmann Chart, as described in
Bureau of Mines Circular 7718, Ausust 1955.
B. Rule 51. Nuisance. No standard procedures.
C. Rule 52 and 53. Particulate Matter. Collection by
; wet Impinger, drying and weighing as described in
Appendix A available on request.
D. Rule 54. Specific Contaminants.
1. Sulfur dioxide at point of discharge (high concen-
tration). Collection by wet impinger, conversion
to sulphuric add and titrating as described in
Appendix B available on request.
2. Sulphur dioxide at ground level (low concentrations).
Collection by wet Impinger, Schiff base formation,
and colorimetric determination. Appendix C avail-
able on request.
3. Combustion Comtaminants.
a. Particulate matter, paragraph C of this Rule.
b. Carbon dioxide. Standard Orsat method, as
described in Appendix D, available on request.
E. Rule 55. Organic Gases. Showing of compliance by the
person responsible for an organic gas emission shall
include applicable portions and/or calculation proce-
dures contained in API Bulletin 2514, "Evaporation
Loss from Tank Cars, Tank Trucks, and Marine Vessels,"
in API Bulletin 2517, "Evaporation Loss from Floating
Roof Tanks," and API Bulletin 2518, "Evaporation Loss
from Fixed Roof Tanks."
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(9.0) Rule 100. Analytical Methods.
The following analytical methods are hereby adopted as
standard methods of the Ventura County Air Pollution
Control District. Other analytical methods may be used
in place of the standard methods provided that equivalent
results are obtained in cases where the standard methods
are not valid, applicable methods acceptable to the
District may be substituted.
A. Rule 50. Opacity. Ringelmann Chart, as described
in Bureau of Mines Circular 7718, August 1955.
B. Rule 51. Nuisance. No standard procedures.
C. Rules 52 and 53. Particulate Matter. Collection by
wet impinger, drying and weighing as described in
Appendix A available on request.
D. Rule 54. Specific Contaminants.
1. Sulfur dioxide at point of discharge (high concen-
trations). Collection by wet impinger, conversion
to sulfuric acid and titrating as described in
Appendix B available on request.
2. Sulfur dioxide at ground level (low concentration).
Collection by wet impringer, Schiff base forma-
tion, and colorfmetric determination, Appendix C
available on request.
3. Combustion Contaminants.
a. Particulate matter, paragraph C of this Rule.
b. Carbon dioxide. Standard Orsat method, as
described in Appendix D, available on request.
E. Rule 55. Organic Gases. Showing of compliance by the
person responsible for an organic gas emission shall
include applicable portions and/or calculation proce-
dures contained in API Bulletin 2514, "Evaporation
Loss from Tank Cars, Tank Trucks, and Marine Vessels,"
in API Bulletin 2517, "Evaporation Loss from Floating
Roof Tanks," and API Bulletin 2518, "Evaporation Loss
from Fixed Roof Tanks".
F. Rule 59. Oxides of Nitrogen. The analytical method
employed shall be one approved by the State of Califor-
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nia Air Resources Board, or as otherwise provided In
this Rule for substitute methods, and 1s available
on request.
Exist. Sampling and Testing Facilities.
Any person operating or using any article, machine, equip-
ment, or other contrivance for which these rules require
a Permit to Operate, shall provide and maintain conveniently
located facilities, and reasonable and necessary test
openings 1n the stack and system, exclusive of Instruments
and sensing devices, 1n order to permit measurement of
emissions of air contaminants or for Indicating tempera-
tures, pressures, or other operating conditions necessary
to determine compliance with these Rules. Where facilities
provided by the owner for this purpose are inadequate, the
Control Officer may, in writing, require the permittee to
provide such facilities as are reasonably necessary for the
above stated purposes.
All such facilities may be either permanent or temporary,
at the discretion of the person responsible for their
provision; shall be suitable for determinations consistent
with the emission limits established in these Rules; and
shall comply with all applicable laws and regulations
concerning safe construction or safe practices in con-
nection with such facilities.
(9.0) Rule 101. Sampling and Testing Facilities
Any person operating or using any article, machine, equip-
ment or other contrivance for which these Rules require a
Permit to Operate, shall provide and maintain conveniently
located facilities, and reasonable and necessary test
openings in the stack and system, including instruments
and sensing devices, as required within the Rules and
Regulations, In order to permit measurement of emissions
of air contaminants or for indicating temperatures, press-
ures, or other operating conditions necessary to determine
compliance with these Rules. Where facilities provided by
the owner for this purpose are inadequate, the Air Pollu-
tion Control District may, in writing, require the permittee
to provide such facilities as are reasonably necessary
for the above stated purposes.
All such facilities may be either permanent or temporary,
at the discretion of the person responsible for their
provisions; shall be suitable for determinations consistent
with the emission limits established in these Rules; and
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and shall comply with all applicable laws and regula-
tions concerning safe concstruction or safe practices
1n connection with such facilities.
(2.0) Rule 102. Access to Facilities
Representatives of the A1r Pollution Control District,
during reasonable hours, and upon identification, for the
purpose of enforcing or administering the Rules and
Regulations of the Ventura County Air Pollution Control
District or any provisions of the Vehicle Code relating
to the emission or control of air contaminants, or of any
order, Regulation or Rule prescribed pursuant thereto,
may enter every building, premises, or other place,
except a building designed for and used exclusively as a
private residence and may stop, detain, and Inspect any
vehicle, designed for and used on a public highway but
which does not run on rails. Every person is guilty of
a misdemeanor who in any way denies, obstructs, or hampers
such entrance, or such stopping, detaining, or inspection
of such vehicle, or who refuses to stop such a vehicle
upon the lawful order of the A1r Pollution Control District.
(9.0) Rule 103. Source Tests
Any source test or analysis submitted to substantiate an
application for permit and/or operation within the
Rules and Regulations of the A1r Pollution Control District,
shall be conducted in strict conformance with Rule 100.
(Analytical Methods). Such source tests and analyses are
subject to referee by the Air Pollution Control District.
The Air Pollution Control District retains the authority
to conduct such source tests and analyses as are deemed
necessary to evaluate status of compliance and/or permit
application materials.
(15.0) Rule 104. A. Arrest Authority
Pursuant to the authority vested in the Board of Supervisors
of the County of Ventura as the Air Pollution Control
Board of the Ventura County Air Pollution Control District
by California Penal Code section 836.5, the Air Pollution
Control Officer and certain of his authorized subordinates,
as hereinafter provided, shall have the power of arrest
without a warrant whenever they have reasonable cause to
believe that the person to be arrested has committed a
misdemeanor in his presence consisting of a violation of
the provisions of Division 26 of the California Health
and Safety Code or any Rules and Regulations of the Ventura
County Air Pollution Control District.
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B. Persons Authorized
The persons who are authorized to make arrests as herein
provided shall consist of the Air Pollution Control Officer
and those of his subordiantes, as he shall designate, who
are engaged in air pollution control inspection and
enforcement for the Ventura County Air Pollution Control
District.
C. Procedure
In any case in which a person is arrested pursuant to
this Rule and the person arrested does not demand to be
taken before a magistrate, the arresting officer shall
prepare a written notice to appear and release the person
on his promise to appear, as prescribed by Chapter 5
(commencing with Section 853.6) of the California Penal
Code. The provisions of that Chapter shall thereafter
apply with reference to any proceeding based upon the
issuance of a written notice to appear pursuant to this
Rule.
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REGULATION VII
(2.0) Rule 110. General
A. This Regulation shall apply to all hearings before the
Hearing Board of the Ventura County Air Pollution Control
District. For purposes of this Regulation, "Permit"
means Authority to Construct or Permit to Operate; or
Permit;
B. The Hearing Board consists of five members, each appointed
by the Air Pollution Control Board. One shall have been
admitted to the practice of law in California; one shall
be chemical or mechanical engineer; one shall be a
representative from the medical profession; and the
remaining two shall be public members; a minimum of
three members is necessary to enter a decision.
C. Any person may petition the Hearing Board.
(2.0) Rule 111. Filing Petitions
Requests for hearing shall be initiated by the filing of
a petition with the Clerk of the Hearing Board together
with the payment of a non-refundable fee provided for in
Rule 41 of these Rules and Regulations.
If the person who owns the emission source which is
involved in the petition is the petitioner, a copy of
the petition shall be mailed to the Air Pollution
Control Officer. If the Air Pollution Control Officer
is the petitioner, a copy of the petition shall be mailed
to the person who owns the emission source which is
involved in the petition.
(Standard petition forms are available from the Air
Pollution Control District or from the Clerk of the
Hearing Board).
(2.0) Rule 112. Contents of Petitions
Every petition shall state:
A. The name, address, and telephone number of the petitioner,
or other person authorized to receive services of notices;
B. The name, address, and telephone number of the person who
owns the emission source which is involved in the petition;
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C. Whether the person who owns the emission source which is
Involved in the petition is an individual, co-partnership,
corporation or other entity, and names and addresses of
the partners if a co-partnership, names and addresses of
the officers, if a corporation, and the names and addresses
of the persons in control, if other entity;
D. The type of business or activity involved in the applica-
tion and the street address at which it is conducted;
E. A brief description of the article, machine, equipment or
other contrivance, 1f any, Involved 1n the application;
F. The section or Rule under which the petition is filed;
that is, whether petitioner desires a hearing:
1. To determine whether a variance shall be issued,
modified, or revoked under Article 2, Chapter 4, Part
4, Division 26 of the Health and Safety Code;
2. To determine whether a modified compliance schedule
shall be established or a variance issued for a rule
not yet effective under Section 41703 of the Health
and Safety Code;
3. To review the denial, suspension or conditional
granting of a Permit under Rule 22 of these Rules
and Regulations.
4. To determine whether a Permit shall be revoked
under Rule 28 of these Rules and Regulations;
5. To determine whether an abatement order shall be
Issued under Section 42451 of the Health and
Safety Code.
\
G. Each petition shall be signed by the petitioner, or by
some person on his behalf, and where the person signing
1s not the petitioner it shall set forth his authority to
sign.
H. All petitions on other than standard petition forms shall
be typewritten, double spaced, on one side of 8-1/2 inch
by 11 Inch paper, leaving a margin of at least one inch at
the top, bottom, and left side of each sheet.
(5.0) Rule 113. Petitions for Variances
In addition to the matters required by Rule 112, petitions for
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variances or modified compliance schedules for Rules not yet
effective shall state briefly:
A. The section, Rule or order from which the variance is
sought;
B. The facts showing why compliance with the section, Rule or
order is unreasonable;
C. The damage or harm resulting or which would result to
petitioner from compliance with such section, Rule or
order;
D. The benefits to the residents of the District resulting
from requiring compliance;
E. The benefits to the residents of the District resulting
from granting a variance;
F. Whether or not any case involving the same identical equip-
ment or process is pending in any court, civil, or criminal;
G. A proposed compliance schedule including a schedule of
increments of progress;
H. Measures which could be taken to reduce emissions for the
period of any variance.
I. Whether or not the subject equipment or process is covered
by a Permit issued by the Air Pollution Control District.
(2.0) Rule 114. Appeal from Denial, Suspension or Conditional Approval
A. Petitions to review a denial or conditional approval of a
Permit shall, in addition to the matters required by Rule
112 and 113, set forth the application for the Permit or
copy thereof and the stated reasons for appeal.
B. Petitions for reinstatement of suspended Permits shall, in
addition to the matters required by Rule 112, state the Rule
under which the Permit was granted, the request and alleged
refusal which formed the basis for such suspension, to-
gether 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.
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(3.0) Rule 115. Petitions for Abatement Orders or Revocation of Permits
A. Petitions for abatement orders or revocation of Permits
shall, in addition to the matters required by Rule 112,
state the Rule or section which is alleged to have been
violated, together with a brief statement of the facts
constituting such alleged violations.
A brief history of the emission source which is involved
in the petition shall also be included.
B. Petitions for abatement orders shall include a proposed
abatement order.
(2.0) Rule 116. Failure to Comply With Rules
No petition shall be accepted for filing unless it
complies with these Rules relating to the form, filing
and service of petitions.
(2.0) Rule 117 Answers
Any person may file an answer within ten (10) days after
service. All answers shall be served the same as petitions
under Rule 111.
(2.0) Rule 118. 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 119. Place of Hearing
All hearings shall be held at a place designated by the
Clerk of the Hearing Board. The location of the hearing
shall be at a place readily accessible to the public.
(16.0) Rule 120. Notice of Hearing
A. The Clerk of the Hearing Board shall serve a notice of a
hearing pursuant to Article 2, Chapter 8, Part 3, Division
26 of the Health and Safety Code, upon the Air Pollution
Control Officer, upon the applicant, if any, upon the
permittee, if any, and upon all other persons who are
entitled to notice.
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B. The notice shall contain the time, date, and place of the
hearing and such other information as may be necessary
to reasonably indicate the nature and purpose of the
hearing.
(2.0) Rule 121. Evidence.
A. Oral evidence shall be taken only on oath or affirmation.
B. Each party shall have these rights: to call and examine
witnesses; to introduce exhibits; to cross examine opposing
witnesses on any matter relevant to the issues even though
that matter was not covered in the direct examination; to
Impeach any witness regardless of which party first called
him to testify; and to rebut the evidence against him. If
respondent does not testify in his own behalf he may be
called and examined as if under cross-examination.
C. The hearing need not be conducted according to technical
rules relating to evidence and witnesses. Any relevant
evidence shall be admitted if it 1s the sort of evidence
on which responsible persons are accustomed to rely in
the conduct of serious affairs, regardless of the exis-
tence of any common law or statutory rule which might
make improper the admission of such evidence over objec-
tion in civil action. Hearsay evidence may be used for
the purpose of supplementing or explaining any direct
evidence but shall not be sufficient in itself to support
a finding unless it would be admissible over objections in
civil actions. The rues of privilege shall be effective
to the same extent that they are now or hereafter may be
recognized in civil actions, and Irrelevant and unduly
repetitious evidence shall be excluded.
(2.0) Rule 122 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 123. Decision
A. The concurrence of three or more hearing board members is
necessary for a decision.
B. The decision shall be in writing, served and filed within
a reasonable time after submission of the cause by the
parties thereto and shall contain therewith a brief state-
ment of facts found to be true, the determination of the
issues presented, the reasons for the decisions. A copy
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shall be mailed or delivered to the A1r Pollution Control
District, 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.
C. A decisions granting a variance shall Include a schedule
of increments of progress.
D. As part of a decision granting a variance, the Hearing
Board may require a bond be posted to assure accomplishment
of those modifications required by the variance.
(2.0) Rule 124. Abatement Order
An order for abatement shall be framed in the manner of a
writ of injunction requiring the respondent to refrain
from a particular act. Such order may provide for
installation of control equipment and, except in the case
of a violation of Section 41700 of the Health and Safety
Code or Rule 51 of these Rules and Regulations, for a
compliance schedule. As an alternative, the Hearing
Board may order the shutdown of any source of emissions
which violates any Rule or section. An order for abate-
ment may also include a directive to take other action
determined appropriate to accomplish the necessary abate-
ment.
(2.0) Rule 125 Findings
No order for abatement shall be granted unless the Hearing
Board makes all of the following findings:
A. That the respondent is 1n violation of Section 41700 or
41701 of the Health and Safety Code or of any Rule of
these Rules and Regulations;
B. That the order of abatement will not constitute a taking
of property without due process of law;
C. That if the order for abatement results in the closing or
elimination of an otherwise lawful business, such closing
would not be without a corresponding benefit in reducing
air contaminants.
(2.0) Rule 126. Effective Date of Decision
The decision shall become effective fifteen (15) days after
delivering or mailing a copy of the decision as provided
in Rule 123, or the Hearing Board may order that the decision
shall become effective sooner.
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(3.0) Rule 127. Lack of Permit
No matter shall be set for hearing by the Clerk of the
Hearing Board for any petition for a variance for the
operation or use of any article, machine, equipment or
other contrivance until a Permit has been granted or
denied by the Air Pollution Control District.
(16.0) Rule 128. Compensation - Hearing Board Members
Members of the Air Pollution Hearing Board shall receive
$30.00 (thirty dollars) per day or part thereof for
attendance at ay meeting or public hearing held by their
Board.
(2.0) Rule 129. Burden of Proof
The burden of proof requires proof by a preponderance of
the evidence. The petitioner has the burden of proof
on all issues. When the Hearing Board, on its own motion,
holds a hearing dealing with a variance, the burden of
proof is on the party holding the variance.
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REGULATION IX. PUBLIC RECORDS
(13.0) Rule 200. Public Records
A. 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 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 contrivance, 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 1n Paragraph D. of this rule,
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 1t 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.
D. Notwithstanding any other provision of law, all air
pollution emission data, including those emission data
which constitute trade secrets as defined in Paragraph
C., are public records. Data used to calculate emission
data are not emission data for the purpose of this sub-
division and data which constitute trade secrets and which
are used to calculate emission data are not public records.
(14.0) Rule 201. District's Request for Information
A. When requesting information for determining the amount
of air contaminants from non-vehicular sources pursuant
to Section 41511 or other sections of the Health and
Safety Code or Rule 11, the District shall identify the
Information requested with sufficient specificity to
enable the source operator or owner to identify the
precise information sought. The District shall give notice
in writing that the information provided may be released
(1) to the public upon request, except trade secrets which
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are not emission data, (2) to the California Air Resources
Board, and (3) to the Federal Environmental Protection
Agency, which protects trade secrets as provided in
Section 114(c) of the Clean A1r Act, as amended in 1970
and in Code 40 of the Federal Regulations, Chapter 1,
Part 2.
B. Any person from whom the District obtains any records,
whether requested by the District or furnished by a person
from some other reason, may label as "trade secret" any
part of those records which are entitled to confidentiality
under Section 6254.7 of the Government Code and Rule 200(A).
Written justification for the "trade secret" 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.
C. After a preliminary review, the District may reject a
justification as having inadequate merit, in which case
the person making the justification shall be promptly
notified in writing; the records in question shall, upon
expiration of twenty-one (21) days from the date of the
notice, be subject to public Inspection unless a justifica-
tion is received and accepted.
(14.0) Rule 202. Inspection of Public Records - Disclosure Policy
It is the policy of the Ventura County Air Pollution Control
District that all District records, not exempted from
disclosure by state law, shall be open for public inspection
with the least possible delay and expense to the requesting
party.
(14.0) Rule 203. Inspection of Public Records - Disclosure Procedure
A. A request to inspect public records 1n the custody of the
District need not be in any particular form, but it
must describe the records with sufficient specificity
to enable the District to identify the information sought.
The District shall require that a request to inspect be in
writing, and such a request shall Include but shall not be
limited to the following:
1. Name of applicant;
2. Address and legal residence of applicant, if required
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for mailing purposes;
3. Emission source of Interest;
4. Date of period of emissions of interest.
B. The District shall make available the records requested,
with the exception of,those records specifically exempted
from disclosure by state law and those records labeled
pursuant to Rule 201 as "trade secret" which are hot
emission data, within ten (10) working days of the date of
receipt of the request therefore. If, for good cause,
the information cannot be made available within ten (10)
working days, the District will notify the requesting
person the reasons for the delay and when the information
will be available. Those records labeled as "trade
secrets" shall be governed by the procedure set forth in
Rule 204.
C. Within five (5) working days of receipt of a request to
inspect public records, the District shall advise the
requesting person of the following facts when appropriate:
1. The location at which the public records in question
may be Inspected and the date and office hours during
which they may be inspected;
2. If copies of the public records are requested, the
cost of providing such copies;
3. Which of the records requested, 1f any, have been
labeled pursuant to Rule 201 as trade secret" and
are not public records. In such a case, the District
shall give the notice required by Rule 204(B);
4. The specific reason why the records cannot be made
available, if such is the case. Reasons for unavail-
ability may be, but are not limited to the following:
the records are exempt from disclosure by state law;
the records cannot be identified from the .information
contained in the request; the records do not exist; the
District has determined pursuant to Section 6255 of the
Government Code that on the facts of the particular
case the public Interest served by not making the
record public clearly outweighs the public interest
served by disclosure of the records; or the records
in question are not in custody of the District. In the
latter situation the District shall, if possible,
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notify the requesting party of the entity most likely
to have custody of the records requested.
(14.0) Rule 204. Trade Secrets
A. Only those portions of records in the custody of the
District which are not emission data and (1) were
labeled "trade secret" prior to the adoption of this
Regulation, or (2) are hereafter specifically labeled
as "trade secret" pursuant to Rule 201 B, shall be
subject to the procedure set forth in this Regulation.
All other portions of such records shall be made available
pursuant to Rule 203.
B. When the District receives a request to inspect any
record so labeled which is not emission data, it shall
promptly notify the requesting party that (1) such
record is designated a trade secret under Rule 201 B. and,
if such is the case, under law it cannot be made available;
(2) the District has not determined if it is a trade secret,
but the justification of the request for confidentiality
is enclosed; and (3) if the requesting party considers
the justification inadequate, he may so advise the
District in writing, setting forth his reasons.
C. Upon receipt of such advice, the District shall (1)
promptly review in detail the justification, the challenge
to the justification, and the record; (2) determine if
the record is in its entirety a trade secret(s); and (3)
promptly notify those person affected of its decision in
writing. If the District withholds the record from inspec-
tion, the person requesting it may seek judicial relief
under Section 6258 of the Government Code. If the District
determines that the record is in any significant part not
a trade secret, the District shall send the notice required
by this Regulation by certified mail, return receipt
requested to the person designating the information as a
trade secret, with an additional notice that the record in
question shall be released for inspection to the requesting
party twenty-one (21) days after receipt of the notice,
unless the District is restrained from so doing by a court
of competent jurisdiction.
D. Should the person designating the record as a trade secret
seek protection in a court of law, the requesting party
may be made a party to the litigation to justify his
challenge to the designation.
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