U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-296 703
Air Pollution Regulations in State
Implementation Plans: California,
Yolo-Solano County
Abcor, Inc, Wilmington, MA Walden Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NC
Programs Development Div
Aug 78
Control
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PB 296703
United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
EPA-450/3-78-05446
August 1978
Air
Air Pollution Regulations
in State Implementation
Plans:
California
Yolo-Splano Counjty
REPRODUCED BY
| NATIONAL TECHNICAL i
! INFORMATION SERVICE ;
I 0. S. DEPARTMENT OF COMMERCE
| SPRINGFIELD, VA. 22161
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TECHNICAL REPORT DATA
the reverie before
(Please read Instructions on
fore completing)
1. REPORT NO.
EPA-450/3-78-054-46
2.
4. TITLE AND SUBTITLE
Air Pollution Regulations in State Implementation i
•Plans: California Yolo-Solano County
3. RECIPIENT'S ACCESSION* NO.
5. REPORT DATE
August 1978
6. PERFORMING 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. CONTRACT/GRANT NO.
68-02-2890
12. SPONSORING AGENCY NAME AND ADDRESS
13. TYPE OF REPORT AND PERIOD COVERED
Control Programs Development Division
Office of Air Quality Planning and Standards
Office of Air, Noise, and Radiation
Research Triangle Park, NC 27711
14. SPONSORING AGENCY CODE
16. SUPPLEMENTARY NOTES
EPA Project Officer: Bob Schell, Control Programs Development Division
16. ABSTRACT
This document has been produced in compliance with Section 110(h)(l) of the Clean Air
Act amendments of 1977. The Federally enforceable regulations contained in the State
Implementation Plans (SIPs) have been compiled for all 56 States and territories
(with the exception of the Northern Mariana Islands). They consist of both the
Federally approved State and/or local air quality regulations as Indicated in the
Federal Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of the above
categories as of January 1,1978, have been incorporated. As mandated by Congress,
this document will be updated annually. State and/or local air quality regulations
which have not been Federally approved as of January 1, 1978, are not included here;
omission of these regulations from this document in no way affects the ability of
the respective Federal, State, or local agencies to enforce such regulations.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
b.IDENTIFIERS/OPEN ENDED TERMS C. COSATI Field/Group
Air pollution
Federal Regulations
Pollution
State Implementation Plans
8. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
19. SECURITY CLASS (This Re port 1
Unclassified
21. N
20. SECURITY CLASS (This page)
Unclassified
22.
*te
EPA Form 2220-1 (9-73)
\
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EPA-4J50/3-78-054-46
Air Pollution Regulations
in State Implementation Plans:
.^California
Yplo-Sofano County
by
Walden Division of Abcor, Inc.
Wilmington, Massachusetts
Contract No. 68-02-2890
EPA Project Officer: Bob Schell
Prepared for
U.S. ENVIRONMENTAL PROTECTION AGENCY
Office of Air, Noise, and Radiation
Office of Air Quality Planning and Standards
Research Triangle Park, North Carolina 27711
August 1978
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This report is issued by the Environmental Protection Agency to
report air pollution regulations of interest to a limited number of
readers. Copies are available, for a fee, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
This report was furnished to the Environmental Protection Agency by
Walden Division of Abcor, Inc., Wilmington, Mass. 01887, in fulfillment
of Contract No. 68-02-2890. The contents of this report are reproduced
herein as received from Walden Division of Abcor, Inc. The opinions,
findings, and conclusions expressed are those of the author and not
necessarily those of the Environmental Protection Agency. Mention of
company or product names is not to be considered as an endorsement
by the Environmental Protection Agency.
Publication No. EPA-450/3-78-054-46
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INTRODUCTION
This document has been produced in compliance with Section 110(h)(l)
of the Clean Air Act Amendments of 1977. The Federally enforceable
regulations contained in the State Implementation Plans (SIPs) have been •
compiled for all 56 States and territories (with the exception of the
Northern Mariana Islands). They consist of both the Federally approved
State and/or local air quality regulations as indicated in the Federal
Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of
the above categories as of January 1, 1978, have been incorporated. As
mandated by Congress, this document will be updated annually. State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.
There have been recent changes in the Federal enforceabi1ity of
parking management regulations and indirect source regulations. The
October, 1977, appropriation bill for EPA prohibited Federal enforcement
of parking management regulations in the absence of specific Federal
authorizing legislation. Federally promulgated parking management
regulations have, therefore, been suspended indefinitely. Pursuant to
the 1S77 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
in
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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.
IV
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SUMMARY SHEET
EPA-APPROVED REGULATION CHANGES
YOLO-SOLANO COUNTY
Submittal Date
6/30/72
7/19/74
Approval Date
9/22/72
7/26/77
Description
Amended Set of
Regulations Approved
Unless Noted Otherwise
Rule 2.22
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DOCUMENTATION OF CURRENT EPA-APPROVED
STATE AIR POLLUTION REGULATIONS
REVISED STANDARD SUBJECT INDEX
1.0 DEFINITIONS
2.0 GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES
3.0 REGISTRATION CERTIFICATES. OPERATING PERMITS AND APPLICATIONS
4.0 AIR QUALITY STANDARDS (PRIMARY AND SECONDARY)
4.1 PARTICULATES
4.2 SULFUR DIOXIDE
4.3 NITRIC OXIDES
4.4 HYDROCARBONS
4.5 CARBON MONOXIDE
4.6 OXIDANTS
4.7 OTHERS
5.0 VARIANCES
6.0 COMPLIANCE SCHEDULES
7.0 EQUIPMENT MALFUNCTION AND MAINTENANCE
8.0 EMERGENCY EPISODES
9.0 AIR QUALITY SURVEILLANCE AND SOURCE TESTING
10.0 NEW SOURCE PERFORMANCE STANDARDS
11.0 NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS
12.0 MOTOR VEHICLE EMISSIONS AND CONTROLS
13.0 RECORD KEEPING AND REPORTING
14.0 PUBLIC AVAILABILITY OF DATA
15.0 LEGAL AUTHORITY AND ENFORCEMENT
16.0 HEARINGS, COMPLAINTS, AND INVESTIGATIONS
17.0 PREVENTION OF SIGNIFICANT DETERIORATION
18.0 AIR QUALITY MAINTENANCE AREA
19.0 - 49.0
RESERVED FOR FUTURE EXPANSION OF COMMON INDEX
50.0 POLLUTANT - SPECIFIC REGULATIONS
50.1 PARTICULATES
50.1.1 PROCESS WEIGHT
50.1.2 VISIBLE EMISSIONS
50.1.3 GENERAL
VI
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50.2 SULFUR COMPOUNDS
50.3 NITRIC OXIDES
50.4 HYDROCARBONS
50.5 CARBON MONOXIDE
50.6 ODOROUS POLLUTANTS
50.7 OTHERS (Pb, Hg, etc.)
51.0 SOURCE CATEGORY SPECIFIC REGULATIONS
51.1 AGRICULTURAL PROCESSES (Includes Grain Handling, Orchard Heaters,
R1ce and Soybean Facilities, Related Topics)
51.2 COAL OPERATIONS (Includes Cleaning, Preparation, Coal Refuse
Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
51.3 CONSTRUCTION (Includes Cement Plants. Materials Handling, Topics
Related to Construction Industry)
51.4 FERROUS FOUNDRIES (Includes Blast Furnaces, Related Topics)
51.5 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - 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 F1re, F1re
Fighting Practice, Agricultural Burning and Related Topics)
51.14 PAPER PULP; WOOD PULP AND KRAFT MILLS (Includes Related Topics)
51.15 PETROLEUM REFINERIES
51.16 PETROLEUM STORAGE (Includes Loading, Unloading, Handling and
Related Topics)
51.17 SECONDARY METAL OPERATIONS (Includes Aluminum, Steel and Related
Topics)
51.18 SULFURIC ACID PLANTS
51.19 SULFURIC RECOVERY OPERATIONS
51.20 WOOD WASTE BURNERS
51.21 MISCELLANEOUS TOPICS
vii
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TABLE OF CONTENTS
Revised Standard
Subject Index
(2.0)
(1.0)
(14.0)
(15.0)
(2.0)
(2.0)
(15.0)
(2.0)
(3.0)
(50.1.2)
(2,0)
(50.7)
(2.0)
(50.1.2)
(51.13)
(51.13)
YOLO-SOLANO COUNTY
Reg-Rule Number
Reg I
Rule 1.1
1.2
1.3
1.4
1.5
1.6
1.7
Reg II
Rule 2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
REGULATIONS
Title
General Provisions
Title
Definitions
Confidential Information
Enforcement
Validity
Effective Date
Arrest, Notice to Appear
Prohibitions, Exceptions-
Requirements
Control of Emissions
Alteration of Permit
Ringelmann Chart
Exceptions
Nuisance
Additional Exception
Wet Plumes
Open Burning
Open Burning, Certain
Pac
1
1
1
4
4
4
5
5
6
6
6
6
6
7
7
7
7
8
Materials
(51.9) 2.10 Incinerator Burning 8
VIII
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Revised Standard Reg-Rule Number Title Page
Subject Index
(50.1) 2.11 Partlculate Matter 8
(50.0) 2.12 Specific Contaminants 8
(50.4) 2.13 Organic Solvents 9
(50.4) 2.14 Architectural Coatings 11
(50.4) 2.15 Disposal and Evaporation 12
of Solvents
(51.5)(51.6)(51.7) 2.16 Fuel Burning Equipment 12
(2.0) 2.17 Circumvention 12
(2.0) 2.18 Payment of Order Charging 13
Costs
(50.1.1)(50.6) 2.19 Dust and Condensed Fumes 13
(51.1) 2.20 Orchard Heaters 15
(51.16) 2.21 Gasoline Storage Tanks 15
(51.16) 2.22 Gasoline Transfer to 15
Vehicular Tanks
Reg III Permit System 17
(3.0) Rule 3.1 Authorizations and Permit 17
Required
(2.0) 3.2 Exemptions 17
(3.0) 3.3 Applications 19
(3.0) 3.4 Standards for Granting 19
Applications
(2.0) 3.5 Conditional Approval 20
(3.0) 3.6 Denial of Applications 20
(2.0) 3.7 Information 20
(3.0) 3.8 Applications Deemed Denied 21
IX
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Revised Standard Reg-Rule Number Title Page
Subject Index
(2.0) 3.9 Appeals 21
(2.0) 3.10 Term of Authorization 21
to Construct
(3.0) 3.11 Posting of Permit 21
(2.0) 3.12 Transfer 22
Reg IV Agricultural Burning 23
(2.0) Rule 4.1 Prohibitions 23
(3.0) (51.13) 4.2 Permit to Burn 24
(3.0) 4.3 Applications 24
(2.0) 4.4 Forms 24
(3.0) 4.5 Standards for Granting 24
Applications
(51.13) 4.6 Restricted Burning Days 25
(3.0) 4.7 Permit Form 25
(51.13) 4.8 Fire Prevention 25
Reg V Fees
(2.0) Rule 5.1 Authorization to Construct 26
Fees
(3.0) 5.2 Permit Fee Schedules 26
(16.0) 5.3 Hearing Board Fees 29
(9.0) 5.4 Analysis Fees 29
(13.0) 5.5 Technical Report Charges 29
Reg VI Procedure Before the 30
Hearing Board
(2.0) Rule 6.1 Applicable Articles of the 30
Health and Safety Code
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Revised Standard Reg-Rule Number Title Page
Subject Index
(2.0) 6.2 Genera] 30
(2.0) 6.3 Filing Petitions 30
(2.0) 6.4 Contents of Petition 30
(5.0) 6.5 Petition for Variances 31
(2.0) 6.6 Appeal from Denial 32
(2.0) 6.7 Failure to Comply with 32
Rules
(2.0) 6.8 Answers 32
(2.0) 6.9 Dismissal of Petition 32
(16.0) 6.10 Place of Hearing 32
(16.0) 6.11 Notice of Hearing 33
(2.0) 6.12 Evidence 33
(2.0) 6.13 Preliminary Matters 33
(2.0) 6.14 Official Notice 33
(2.0) 6.15 Continuances 34
(2.0) 6.16 Decisions 34
(2.0) 6.17 Effective Date of Decision 34
(3.0) 6.18 Lack of Permit 34
XI
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REGULATION I
GENERAL PROVISIONS
(2.0) RULE 1.1 TITLE
These rules and regulations shall be known as the Rules and Regulations
of the Yolo-Solano Air Pollution Control District.
(1.0) RULE 1.2 DEFINITIONS
Except as otherwise specifically provided 1n these rules and, except*
where the context otherwise indicates, words used 1n thdse rules are
used In exactly *he same sonse as the words are used iniChapter 2,
Division 20 and Chapter 10, Part 1, Division 26 of the Health and
Safety Code. 1
A. Agr1cultural Burni ng. "Agricultural Burning" means open
outdoor fires used In agricultural operations, in the growing
of crops or raising of fowls, animals, or bees, forest
management or range Improvement.
B. Agricultural Wastes. "Agricultural Wastes" are defined as
unwanted or unsalable materials produced wholly from agricul-
tural operations, other than forest or range management operations,
directly related to the growing of crops or animals for the
primary purpose of making a profit or for a livelihood.
C. Air Contaminant. "Air Contaminant" include smoke, charred
paper, dust, soot, grime, carbon, noxious acids, fumes, gases,
odors, or particulate matter or any combination thereof.
D. Atmosphere. "Atmosphere" means the air that envelopes or sur-
rounds the earth. Where air pollutants are emitted into a
building not designated specifically as a piece of air pollution
control equipment, such emission into the building shall be
considered as emission into the atmosphere.
E. Board. "Board" means the Air Pollution Control Board of the
Yolo-Solano Air Pollution Control District.
F. Burn Day. A "Burn Day" means any day on which the California
Air Resources Board does not prohlt burning of agricultural
wastes.
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6. Clerk of the Hearing Board. "Clerk of the Hearing Board"
means the County Clerk of the County of Yolo, who is ex offlclo
Clerk of the Hearing Board.
H. Combustible Refuse. "Combustible Refuse" is any solids or
liquid combustible waste material containing carbon in a free
or combined state.
I. Combustion Contaminants. "Combustion Contaminants" are partic-
ulate matter discharged Into the atmosphere from the burning
of any kind of material containing carbon in a free or combined
state.
J. Condensed Fumes. "Condensed Fumes" are minute, solid particles
generated by the condensation of vapors from solid matter after
volatilization from the molten state, or may be generated by
sub!imi nation, distillation, calcination, or chemical reaction
when these processes create air-borne particles.
K. Control Officer. "Control Officer" means the Air Pollution
Control Officer of the Yolo-Solano A1r Pollution Control District.
L. Designated Agency. "Designated Agency" means the public fire
protection or other equivalent agency designated by the California
Air Resources Board to issue permits for burning of agricultural
wastes.
M. District. "District" is the Yolo-Solano Air Pollution Control
District.
N. Dusts. "Dusts" are minute, solid particles released into the
air by natural forces or by mechanical processes such as crushing,
grinding, milling, drilling, demolishing, shoveling, conveying,
covering, bagging, sweeping, or other similar processes.
0. Hearing Board. "Hearing Board" means the Hearing Board of the
Yolo-Solano Air Pollution Control District.
P. Implement of Husbandry. "Implement of Husbandry" means a
vehicle which 1s used exclusively 1n the conduct of agricultural
operations.
Q. Multiple-Chamber Incinerator. "Multiple-Chamber Incinerator"
is any article, machine, equipment, contrivance, structure or
any part of a structure used to dispose of combustible refuse
by burning, consisting of three or more refractory lined com-
bustion furnaces in series,physically separated by refractory
walls, interconnected by gas passage ports or ducts, and em-
ploying adequate design parameters necessary for maximum combustion
of the material to be burned.
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The refractories shall have a Pyrometrlc Cone equivalent of
at least 17, tested according to the method described In the
American Society for Testing Materials, Method C-24.
R. No-Burn Day. A "No-Burn Day" means any day on which the
California Air Resources Board prohibits burning of agricultural
wastes.
S. Open Outdoor Fire. "Open Outdoor F1re" as used 1n this regu-
latfon means combustion of any combustible refuse or other material
of any type outdoors 1n the open air not in any enclosure, where
the products of combustion are not directed through a flue.
T. Orchard or Citrus Grove Heater. "Orchard or Citrus Grove Heater"
means any article, machine, equipment or other contrivance, burning
any type of fuel or material capable of emitting air contaminants,
used or capable of being used for the purpose of giving protection
from frost damage.
U. Participate Matter. "Parti cul ate Matter" 1s any^material,
except uncomblned water, which exists in a finelyidlvlded form
as a liquid or solid at standard conditions.
v- Person. "Person" means any person, firm, association, organization,
partnership, business trust,, corporation, company; contractor,
supplier, Installer, user or owner, or any state or local gov-
ernmental agency or public district or any officer or employee
thereof.
W. Process Weight Per Hour. "Process Weight is the total weight of
all materials introduced into any specific process which process
may cause any discharge into the atmosphere. Solid fuels charged
will be considered as part of the process weight, but liquid and
gaseous fuels and combustion air will not. "The Process Weight
Per Hour" will be derived by dividing the total process weight by
the number of hours in one complete operation from the beginning
of any given process to the completion thereof, Excluding any time
during which the equipment is Idle. ;
X. Regulation. "Regulation" means one of the major; subdivisions
of the Rules of the Yolo-Solano Air Pollution Control District.
i
Y. Rule. "Rule" means a rule of the Yolo-Solano Atr Pollution
Control District.
Z. Section. "Section" means section of the Health and Safety Code
of the State of California unless some other statute is specifically
mentioned.
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A.A. Solano County Zone. "Solano County Zone" means that portion
of the district lying within the boundaries of Solano County.
A.B. Standard Conditions. "Standard Conditions" as used in these
regulations, is a gas temperature of 60 degrees Fahrenheit and
a gas pressure of 14.7 pounds per square inch absolute. Results
of all analyses and tests shall be calculated or reported at
this gas temperature and pressure.
A.C. Yolo County Zone. "Yolo County Zone" means that portion of
the district lying within the boundaries of Yolo County.
(14.0) Rule 1.3 CONFIDENTIAL INFORMATION
a. All information, analyses, plans, or specifications that disclose
the nature, extent, quantity, or degree of air contaminants which
any article, machine, equipment, or other contrivance will produce,
which any air pollution control district required 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 monitoring data, including data compiled from stationary
sources, are public records.
c. Trade secrets are not public records under this rule. "Trade
secrets", as used in this rule, may include, but are not limited
to any formula, plan, pattern, process, tool, mechanism, compound,
procedure, production data, or compilation of information which is
not patented, which is known only to certain 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.
(15.0) Rule 1.4 ENFORCEMENT
These rules and regulations shall be enforced by the Air Pollution
Control Officer under authority of Health & Safety Code Sections
24224, 24260, 24262, and all officers empowered by Section 24221.
(2.0) Rule 1.5 VALIDITY
If any regulation, rule, subdivision, sentence, clause, or phrase
of these Rules and Regulations 1s for any reason held to be
unconstitutional or invalid, such decision shall not affect the
validity of the remaining portions of these Rules and Regulations.
The Air Pollution Control Board hereby declares that It would have
adopted these Rules and Regulations and every regulation, rule,
subdivision, sentence, clause, and phrase thereof irrespective of
the fact that any one or more regulations, rules, subdivisions,
sentences, clauses or phrases be declared unconstitutional or invalid.
•;.;'i
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(2.0) Rule 1.6 EFFECTIVE DATE
These Rules and Regulations shall take effect on October 1, 1971.
(15.0) Rule 1.7 ARREST, NOTICE TO APPEAR
a. The Air Pollution Control Officer is hereby authorized pursuant
to Penal Code Section 836.5 to arrest a person without a warrant
whenever he has reasonable cause to believe that the person to be
arrested has committed a misdemeanor in his presence which is a
violation of these Rules and Regulations.
b. In any case in which a person is arrested pursuant to subdivision
a. of this rule and the person arrested does not demand to be
taken before a magistrate, the Air Pollution Control Officer
making the arrest shall prepare a written notice to appear and
release the person on his promise to appear, as prescribed by
Chapter 5C, Title 3, Part 2 of the Penal Code (commencing with
Section 853.6). The provisions of such Chapter shall thereafter
apply with reference to any proceeding based upon the issuance of
a written notice to appear pursuant to this authority.
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REGULATION II
PROHIBITIONS. EXCEPTIONS - REQUIREMENTS
(2.0) RULE 2.1 CONTROL OF EMISSIONS
The emission of material which may be the cause of air pollution shall
be controlled by the contents of this regulation.
(3.0) RULE 2.2 ALTERATION OF PERMIT .
No person shall willfully deface, alter, forge, counterfeit, or falsify
any permit issued under these Rules and Regulations.
(50.1.2) RULE 2.3 RINGELMANN CHART '
A person shall not discharge into the atmosphere from any single source
of emission whatsoever, any air contaminant for a period br periods
aggregating more than 3 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.
(2.0) RULE 2.4 EXCEPTIONS
The provisions of Rule 2.3 do not apply to:
a. Smoke from fires set by or permitted by any public officer,
if such fire is set by or permission given in the performance
of the official duty of such officer, and such fire in the
opinion of such officer is necessary.
1. For the purpose of the prevention of a fire or health
hazard which cannot be abated by any other means; or
2. The instruction of public employees in the methods of
fighting fire.
c. Agricultural operations in the growing of crops or raising of
fowl, animals or bees.
d. The use of an orchard or citrus grove heater which does not
produce unconsumed solid carbonaceous matter at a rate in excess
of one (1) gram per minute.
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(50.7) RULE 2.5 . NUISANCE
A person shall not discharge from any source whatsoever such quantities
of air contaminants or other material which cause injury, detriment,
nuisance or annoyance to any considerable number of persons or to the
public or which endanger the comfort, repose, health or safety of any
such persons or the public or which cause to have a natural tendency
to cause injury or damage to business or property.
'(2.0) RULE 2.6 ADDITIONAL EXCEPTION
The provisions of Rule 2.5 do not apply to odors emanating from agricul-
tural operations in the growing of crops or raising of fowl, animals,
or bees.
(50.1.2) RULE 2.7 WET PLUMES
When the presence of uncombined water 1s the only reason for the failure
or an emission to meet the limitation of Rule 2.3, that rule shall
not apply. The burden of proof which establishes the application of
the rule shall be upon the person seeking to come within it provisions.
(51.13) RULE 2.8 OPEN BURNING
No person shall set or permit an open outdoor fire within the boundaries
of the Yolo-Solano Air Pollution Control District except on burn days.
a. For a fire set or for which permission for such fire is
given in the performance of the official duty of any public
officer, and such fire in the opinion of such officer is necessary.
1. For the purpose of the prevention of a fire or health
hazard which cannot be abatsd by any other means; or
2. For the instruction of public or Industrial employees
in methods of fire fighting; or
3. Set pursuant to permit on property used for industrial
purposes for the purpose of instruction of employees
in the method of fighting fires; or
4. To set or cause to set backfires necessary to save life
or valuable property pursuant to Section 4426 of the
Public Resources Code.
b. To abate fires pursuant to Chapter 2 (commencing with Section
13025 of Part 1 of Division 12 of the California Health and
Safety Code.
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c. For right-of-way clearing by a public entity or utility or for
levee.or ditch maintenance.
d. For agricultural burning permitted by law.
e. For the operation of a solid waste dump by a city or county in
the Yolo County Zone in the manner provided by law.
f. For the disposal of combustible or flammable solid waste of a
single or two-family dwelling on its premises before July 1, 1972,
not served by garbage or refuse pick-up service.
g. For open burning of waste other than agricultural wastes on any
parcel of land constituting an ownership of 20 acres, or more
not served by garbage or refuse pick-up service; however, no
such burning shall be permitted within one mile of a city, and
all waste to be burned must originate on the site.
(51.13) RULE 2.9 OPEN BURNING. CERTAIN MATERIALS
Notwithstanding any other provision of these Rules and Regulations,
no person shall burn any tires, rubber products, car bodies or parts,
demolition materials, or insecticide material containers in any open
outdoor fire.
(51.9) RULE 2.10 INCINERATOR BURNING
No person shall burn any combustible refuse except that which may be
burned in an open outdoor fire, in any incinerator with the boundaries
of the Yolo-Solano A1r Pollution Control District except in a multiple-
chamber incinerator or in equipment found by the Air Pollution Control
Officer to be equally effective for the purpose of air pollution control.
(50.1) RULE 2.11 PARTICULATE MATTER
Except as otherwise permitted by law, no person shall release or dis-
charge into the atmosphere from any source or single processing unit
whatsoever, dust, fumes, or particulate matter emissions in excess of
0.2 grains per cubic foot of gas at standard conditions.
(50.0) RULE 2.12 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,
in any state or combination thereof, in excess of the following concen-
trations at the point of discharge:
a. Sulphur compounds calculated as sulphur dioxide (S02) 0.2 percent,
by volume at standard conditions.
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b. Combustion contaminants: 0.3 grains per cubic foot of gas
calculated to 12 percent of carbon dioxide (003) at standard
conditions, except during the start of an operation or change
in energy source, during the time necessary to bring the com-
bustion process up to operating level. In measuring the com-
bustion contaminants from incinerators used to dispose of com-
bustible 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 (003).
(50.4) RULE 2.13 ORGANIC SOLVENTS
a. A person shall not discharge more than 15 pounds of organic
materials into the atmosphere in any one day 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 is baked, heat-cured or heat-polymerized,
in the presence of oxygen, unless all organic materials discharged
from such article, machine, equipment or other contrivance have
been reduced either by at least 85 percent over-all or to not
more than 15 pounds in any one day.
b. A person shall not discharge more than 40 pounds of organic
material into the atmosphere in any one day from any article,
machine, equipment or other contrivance used under conditions
other than described in Section (a) for employing, applying,
evaporating or drying any photochemical1y reactive solvent, as
defined in Section (k), or material containing such solvent,
unless all organic materials discharged from such article,
machine, equipment or other contrivance have been reduced either
by at least 85 percent over-all or to not more than 40 pounds
in any one day.
c. Any series of articles, machines, equipment or other contrivances
designed for processing a continuously moving sheet, web, strip
or wire which is subjected to any combination of operations des-
cribed in sections (a) or (b) involving anv photochemically
reactive solvent, as defined in Section (k), or material con-
taining such solvent, shall be subject to compliance with Section
(b). Where only non-photochemically reactive solvents or
material containing only non-photochemically reactive solvents
are employed or applied, and where any portion or portions of
said series of articles, machines, equipment or other contrivances
involves operation described in Section (a), said portions shall
be collectively subject to compliance with Section (a).
d. Emissions of organic materials to the atmosphere 'from the clean-
up with photochemically reactive solvents, as defined in Section
(k), of any article, machine, equipment or other contrivance des-
cribed in Sections (a), (b) or (c) shall be included with the
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other emissions of organic materials from that article, machine,
equipment or other contrivance for determining compliance with
this Rule.
e. Emissions of organic materials to the atmosphere as a result of
spontaneously continuing drying of products for the first 12
hours after their removal from any article, machine, equipment or
other contrivance described in Sections (a), (b) or (c) shall be
included with other emissions of organic materials from that
article, machine, equipment or other contrivance for determining
compliance with this Rule.
f. Emissions of organic materials into the atmosphere required
to be controlled by Sections (a), (b) or (c), shall be reduced by:
1. Incineration, provided that 90 percent or more of the
carbon in the organic material being incinerated is ox-
idized to carbon dioxide, or
2. Adsorption, or
3. Processing in a manner determined by the Air Pollution
Control Officer to be not less effective than (1) or (2)
above.
g. A person incinerating, adsorbing, or otherwise processing organic
materials pursuant to this 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 Officer,
for indicating temperatures, pressures, rates of flow or other
operating conditions necessary to determine the degree and effec-
tiveness of air pollution control.
h. Any person using organic solvents or any materials containing
organic solvents shall supply the Air Pollution Control Officer,
upon request and in the manner and form prescribed by him, written
evidence of the chemical composition, physical properties and
amount consumed for each organic solvent used.
i. The provisions of this Rule shall not apply to:
1. The manufacture of organic solvents, or the transport
or storage of organic solvents or materials containing
organic solvents.
2. The use of equipment which is exempt from air pollution
control requirements by said Rules.
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3. The spraying or other employment of insecticides, pesticides
or herbicides.
.-. 4. The employment,, application, evaporation or drying of
saturated halogenated hydrocarbons or perchloroethylene.
j. For the purposes of this Rule, organic solvents Include diluents and
thlnners and are defined as organic materials which are liquids at
standard conditions and which are used as dissolvers, viscosity
reducers or cleaning agents.
k. For the purposes of this Rule, a photochemically reactive solvent is
any solvent with an aggregate of more than 20 percent ot 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:
1. A combination of hydrocarbons, alcohols, aldehydes, esters*.
ethers, or ketones having an olefinlc or cyclo-olefinic
< type of unsaturation: 5 percent;
2. A combination of aromatic compounds with eight or more
carbon atoms to the molecule except ethyl benzene: 8 percent;
3. A combination of ethyl benzene, ketones having branched
hydrocarbon structures, or toluene: 20 percenit.
Whenever any organic solvent or any constituent of an organic solvent may be
classified 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.
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 carbonates and ammonium carbonate.
(50.4) RULE 2.14 ARCHITECTURAL COATINGS
a. A person shall not sell or offer for sale for use in District in
containers of one quart capacity or larger, any architectural
coating containing photochemically reactive solvent, as defined
1n Rule 2.13.k.
b. A person shell not employ, apply, evaporate or dry in District
any architectural coating, purchased 1n containers of one quart
capacity or larger, containing photochemically reactive solvent;
as defined in Rule 2.13.k.
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c. A person shall not thin or dilute any architectural coating
with a photochemlcally reactive solvent, as defined 1n Rule
2.13.k.
d. For the purposes of this rule, ah architectural coating is
defined as a coating used for residential or commercial buildings
and their appurtenances; or industrial buildings.
(50.4) RULE 2.15 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 photochemlcally reactive solvent, as defined
in Rule 2.13.k, or of any material containing more than 1-1/2 gallons
of any such photocheml tally reactive solvent by any means which will
permit the evaporation of such solvent into the atmosphere.
(51.5) RULE 2.16 FUEL BURNING EQUIPMENT
(51.6)
(51.7) A person shall not build, erect. Install or expand any non-mobile fuel
burning equipment unit 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 sulphur compounds, calculated as
sulphur dioxide (S02)i
b. 140 pounds per hour of nitrogen oxides, calculated as
nitrogen dioxide
c. 10 pounds per hour of combustion contaminants derived from
the fuel .
For the purpose of this Rule, a fuel burning equipment unit shall be comprised
of the minimum number of boilers, furnaces, jet engines or other fuel burning
equipment, the simultaneous operations of which are required for the
production of useful heat or power.
Fuel burning equipment serving primarily as air pollution control equipment
by using a combustion process to destroy air contaminants shall be exempt
from the provisions of this Rule.
Nothing in this Rule shall be construed as preventing the maintenance
or preventing the alteration or modification of an existing fuel burning
equipment unit which will reduce its mass rate of air contaminant emissions.
(2.0) RULE 2.17 CIRCUMVENTION
A person shall not build, erect, install, or use any article, machine, equip-
ment or other contrivance, the use of which, without resulting in a- reduction
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in the total release of air contaminants to the atmosphere, reduces
or conceals an emission which would otherwise constitute a violation
of Division 20, Chapter 2, of the Health and Safety Code of the State
of California or of these Rules and Regulations. This section shall
not apply to cases in which the only violation involved 1s of 24243 of
the Health and Safety Code of the state of California.
(2.0) RULE 2.18 PAYMENT OF ORDER CHARGING COSTS
No person shall fail or refuse to pay an order charging costs within
sixty (60) days after service upon him of such order.
(50.1.1) RULE 2.19 DUST AND CONDENSED FUMES
(50.6)
No person shall discharge in any one hour from any source whatsoever
except for motor vehicles and implements of husbandry, dust or condensed
fumes of a weight in excess of the amount shown for the corresponding
process weight per hour in the following table:
To use the following table, take the process weight per hour as such is
defined in Rule 1.2(w). Then find this figure on the table, opposite
which is the maximum number of pounds of contaminants which may be
discharged Into the atmosphere in any one hour. As an ejxample, if A
has a process which emits contaminants Into the atmosphere and which
process takes 3 hours to complete, he will divide the weight of all
materials in the specific process, in this example, 1,400 Ibs. by 3
giving a process weight per hour of 500 Ibs. The table shows that A may
not discharge more than 1.77 Ibs. in any one hour during the process.
Where the process weight per hour falls between figures in the left hand
column, the exact weight of permitted discharge may be Interpolated.
*SEE "PROCESS WEIGHT" DEFINITION UNDER RULE 1.2(w)
(SEE TABLE ON THE FOLLOWING PAGE)
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TABLE
*Process
Wt/hr(lbs)
50
100
150
200
250
300
350
400
450
500
550
600
650
700
750
800
850
900
950
1000
1100
1200
1300
1400
1500
1600
1700
1800
1900
2000
2100
2200
2300
2400
2500
2600
2700
2800
2900
3000
3100
3200
3300
Maximum Weight
Disch/hr(lbs)
.24
.46
.66
.85
1.03
1.20
1.35
1.50
1.63
1.77
1.89
2.01
2.12
2.24
2.34
2.43
2.53
2.62
2.72
2.80
2.97
3.12
3.26
3.40
3.54
3.66
3.79
3.91
4.03
4.14
4.24
4.34
4.44
4.55
4.64
4.74
4.84
4.92
5.02
5.10
5.13
5.27
5.36
*Process
Wt/hr(lbs)
3400
3500
3600
3700
3800
3900
4000
4100
4200
4300
4400
4500
4600
4700
4800
4900
5000
5500
6000
6500
7000
7500
8000
8500
9000
"9800
10000
11000
12000
13000
14000
15000
16000
17000
18000
19000
20000
30000
40000
50000
60000
or
more
Maximum Weight
D1sch/hr(lbs)
5.44
5.52
5.61
5.69
5.77
5.85
5.93
6.01
6.08
6.15
6.22
6.30
6.37
6.45
6.52
6.60
6.67
7.03
7.37
7.71
8.05
8.39
8.71
9.03
9.36
9.67
10.0
10.63
11.28
11.89
12.50
13.13
13.74
14.36
14.97
15.58
16.19
22.22
20.3
34.3
40.0
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(51.1) RULE 2.20 ORCHARD HEATERS
No new orchard or citrus heater produced or manufactured shall be sold
for use in this District against frost damage unless it has been approved
by the State Air Resources Board in accordance with Section 39298.7 of
the Health & Safety Code. No person shall use any orchard or citrus
heater after May 1st, 1974 unless it has been approved by the State Air
Resources Board or does not produce more than one gram per minute of
unconsumed solid carbonaceous material.
(51.16) RULE 2.21 GASOLINE STORAGE TANKS
a. No person shall load or permit the loading of gasoline into any
stationary tank installed after December 31st, 197Q with a
capacity of 250 gallons or more from any tank trucfc or trailer,
except through a permanent submerged fill pipe, unless such tank
complies with the provisions of subdivision (a) of Section 39068.2 of
the Health & Safety Code.
b. No person shall install any gasoline tank with a capacity of 250
gallons or more which does not meet the requirements of subdivision
(a) of Section 39068.2 of the Health & Safety Codel
c. For the purpose of this Rule, "gasoline" means gasoline as defined
in subdivision (d) of Section 39068.2 of the Health & Safety Code.
d. For the purpose of this Rule, "submerged fill pipe" means submerged
fill pipe as defined in subdivision (e) of Section 39068.2 of the
Health & Safety Code.
e. This rule shall not apply to any stationary tank which is used
primarily for the fueling of implements of husbandry, as such vehicles
are defined in Division 16 (commencing with Section 36000) of the
Vehicle Code.
(51.16) RULE 2.22 GASOLINE TRANSFER TO VEHICULAR TANKS
a. Gasoline means any petroleum distillate having a Reid vapor pressure
of 4 pounds or greater and for purposes of this rule used by a vehicle
and contained in the vehicle tank.
b. A person shall not transfer gasoline to a vehicle fuel tank from a
gasoline dispersing system unless the transfer 1s made through a
fill nozzle designed, to
1. Prevent discharge of hydrocarbon vapors to the atmosphere
from either the vehicle filler neck or dispensing nozzle.
2. Direct vapor displaced from the vehicle fuel tank to a system
wherein at least 90% by weight of the vapor is recovered.
3. Prevent vehicle fuel tank overfills or spillage on fill
nozzle disconnect.
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c. The provisions of 2.22(b) shall not apply to any vehicle for
which controls have been determined to be impractical because
of fill neck configuration. However, the most effective procedures
and methods available to reduce vapor emissions must be used.
d. The provisions of 2.22(b) shall not apply to the use of containers
of under 2000 gallons installed prior to the effective date of this
rule or to stationary containers which are used exclusively for
the fueling of implements of husbandry.
e. Compliance to the provisions of this rule shall be according to the
following schedule:
1. By July 1, 1975 an application for Authority to Construct
will be submitted to the Air Pollution Control District and
appropriate contracts for installation negotiated.
2. By July 1, 1976 installation of equipment will be complete
and application for a Permit to Operate submitted to the
District.
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REGULATION III
PERMIT SYSTEM
(3.0) RULE 3.1 AUTHORIZATIONS AND PERMITS REQUIRED
a. Construction. No person shall build, erect, alter, or replace
any facilities, article, machine, equipment, or other contrivance,
the use of which may cause the Issuance of air contaminants, or the
use of which may eliminate or reduce or control the Issuance of
air contaminants, without first obtaining an authorization to
construct from the A1r.Pollution Control Officer.
b. Authorization to Construct. No person shall Issue any building
permit for a building or structure erecting, altering, or replacing
any facilities, article, machine, equipment, or other contrivance
the use of which may cause the Issuance of air contaminants or the
use of which may eliminate or reduce or control the issuance of air
contaminants unless the Air pollution Control Officer shall have first
issued an authorization to construct for such work.
c. Operation. Sale or Rental. No person shall operate, sell, or rent
any facilities, article, machine, equipment, or other contrivance, for
which an authorization to construct 1s required by these Rules and
Regulations without first obtaining a permit from the A1r Pollution
Control Officer.
d. Existing Installations. No person shall operate, sell, or rent any
facilities, article, machine, equipment, or other contrivance, the
use of which may cause the Issuance of air contaminants or the use
of which may eliminate or reduce or control the Issuance of air
contaminants, without obtaining a permit from the A1r Pollution
Control Officer, after one year following the effective date of these
Rules and Regulations or after such later time as may be fixed for
good cause shown by the Hearing Board.
e. No person named as a transferee 1n a permit to sell or rent shall be
required to obtain a permit to operate the facilities, article, machine,
equipment or other contrivance for which the permit to sell or rent
is issued in accordance with the terms and conditions thereof.
(2.0) RULE 3.2 EXEMPTIONS
An authorization to construct, or a permit to operate, sell or rent, shall
not be required for:
a. Vehicles as defined by the Vehicle Code of the State of California,
but not including any article, machine, equipment or other contrivance
mounted on such vehicle that would otherwise require a permit under
the provisions of these Rules and Regulations.
b. Vehicles used to transport passengers or freight.
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c. Any structure designed for and used exclusively as a dwelling for
not more than four families.
d. Equipment, including incinerators, used exclusively in connection
with any structure, which structure is designed for and used
exclusively as a dwelling for not more than four (4) families.
e. The following equipment:
1. Comfort air conditioning or comfort ventilating systems
which are not designed to remove air contaminants
generated by or released from specific units or equipment.
2. Refrigeration units except those used as, or in conjunction
with, air pollution control equipment.
3. Piston type internal combustion engines.
4. Water cooling towers and water cooling ponds not used for
evaporative cooling of process water or not used for
evaporative cooling of water from barometric jets or from
barometric condensers.
5. Equipment used exclusively for steam cleaning.
6. Presses used exclusively for extruding metals, minerals,
plastics or wood.
7. Brazing, soldering or welding equipment.
8. Barbecue equipment which is not used for commercial purposes.
f. Equipment used in eating establishments for the purpose of preparing
food for human consumption.
g. Space heaters.
h. Steam generators, steam superheaters, water boilers, water heaters, and
closed heat transfer systems that have a maximum heat input rate of
less than 250,000,000 British Thermal Units (BTU) per hour (gross),
and are fixed exclusively with one of the following:
1. Natural gas
2. Liquified petroleum gas
3. A combination of natural gas and liquified petroleum
gas.
i. Self propelled mobile construction equipment other than pavement
burners.
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j. Other sources of minor significance specified by the Air Pollution
Control Officer.
k. Agricultural implements used in agricultural operations.
1. Repairs or maintenance not involving structural changes to any
equipment for which a permit has been granted. Maintenance as
used herein does not include operation.
(3.0) Rule 3.3 APPLICATIONS
Requests for an authorization to construct or a permit to operate, sell, or
rent shall be initiated by filing an application with the Air Pollution
Control Officer or his designee together with the filing fee required by .
these Rules and Regulations. The application shall contain all information
necessary to enable the Air Pollution Control Officer to approve, approve
subject to conditions, or deny the application.
(3.0) Rule 3.4 STANDARDS FOR GRANTING APPLICATIONS
a. The Air Pollution Control Officer shall deny authorization to construct,
or permit to operate or permit to sell or rent, except as provided in
Rule 3.5, if the. applicant does not show that every facility, article,
machine, equipment or other contrivance, the use of which may cause the
issuance of air contaminants, or the use of which may eliminate or
reduce or control the issuance of air contaminants, is so designated,
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 1n violation of Sections 24242 or 24243,
Health and Safety Code, or of these Rules and Regulations.
b. Before authorization to construct or a permit to operate or a permit
to sell or rent where no permit to operate 1s in force, is granted,
the Air Pollution Control Officer may require the applicant to
provide and maintain such facilities as are necessary for sampling
and testing purposes in order to secure Information that will disclose
the nature, extent, quantity or degree of air contaminants discharged
into the atmosphere from the facilities, article, machine, equipment
or other contrivance described in the authorization to construct or
permit to operate. In the event of such a requirement, the Air Pollution
Control Officer shall notify the applicant in writing of the required
size, number and location of sampling holes, the size and location
of the sampling platform, the access to the sampling platform, and the
utilities for operating the sampling and testing equipment. The plat-
form and access shall be constructed in accordance with the General
Industry Safety Orders of the State of California.
c. In acting upon a permit to operate, or a permit to sell or rent where
no permit to operate is in force, if the Air Pollution Control Officer
finds that the facilities, article, machine, equipment, or other
contrivance has been constructed not in accordance with the authoriza-
tion to construct, he shall deny the permit. The Air Pollution Control
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Officer shall not accept any further application for permit to
operate, sell or rent the facilities, article, machine, equipment
'or other contrivance so constructed until he finds that the
facilities, article, machine, equipment or other contrivance has
been reconstructed in accordance with the Authorization fo Construct.
(2.0) RULE 3.5 CONDITIONAL APPROVAL
a. The Air Pollution Control Officer may issue an authorization to
construct or a permit to operate, subject to conditions which
will bring the operation of any facilities, article, machine,
equipment or other contrivance within the standards of RULE 3.4, in
which case the conditions shall be specified in writing. Commencing
work under such an authorization to construct, or operation under
such a permit to operate, shall be deemed acceptance of all the
conditions so specified. The Air Pollution Control Officer shall
issue an authorization to construct or a permit to operate with revised
conditions upon receipt of a new application, if the applicant
demonstrates that the facility, article, machine, equipment or other
contrivance can operate within the standards of RULE 3.4 under the
revised conditions.
b. The Air Pollution Control Officer may issue a permit to sell or rent,
subject to conditions which will bring the operation of any facilities,
article, machine, equipment or other contrivance within the standards
of RULE 3.4, in which case the conditions shall be specified. The
Air Pollution Control Officer shall issue a permit to sell or rent with
revised conditions upon receipt of a new application, if the applicant
demonstrates that the facilities, article, machine, equipment or
other contrivance can operate within the standards of RULE 3.4 under
the revised conditions.
(3.0) RULE 3.6 DENIAL OF APPLICATIONS
In the event of denial of authorization to construct, permit to operate,
or permit to sell or rent, the Air Pollution Control Officer shall notify
the applicant in writing of the reasons therefore. Service of this
notification may be made in person or by mail, and such service may be
proved by the written acknowledgment of the persons served. The Air
Pollution Control Officer shall not accept a further application unless
the applicant has complied with the objections specified by the Air
Pollution Control Officer as his reasons for denial of the authorization
to construct, the permit to operate or the permit to sell or rent.
(2.0) RULE 3.7 INFORMATION
The Air Pollution Control Officer may at any time require from an
applicant for, holder of, or one required to hold, an authorization
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to construct or permit to operate, sell, or rent or from a person
who will be required to hold a permit in the future by Rule 3.1.c,
such information, analysis, plans or specifications as will disclose
the nature, extent, quantity or degree of air contaminants which
are or may be discharged into the atmosphere.
(3.0) RULE 3.8 APPLICATIONS DEEMED DENIED
The applicant may, at his option, deem the authorization to construct,
permit to operate, or permit to sell or rent denied if the Air Pollution
Control Officer fails to act on the application within thirty (30) days
after filing, or within thirty (30) days after applicant furnishes the
further information, plans and specifications requested by the Air
Pollution Control Officer, whichever is later.
(2.0) RULE 3.9 APPEALS
Within ten (10) days after notice by the A1r Pollution Control Officer
of denial or conditional approval of an authorization to construct,
permit to operate, or permit to sell or rent, the applicant may petition
the Hearing Board, in writing, for a public hearing. The Hearing Board,
after notice and a public hearing held within thirty (30) days after filing
the petition, may sustain or reverse the action of the Air Pollution
Control Officer; such order may be made subject to specified conditions.
(2.0) RULE 3.10 TERM OF AUTHORIZATION TO CONSTRUCT
An authorization to construct shall remain in effect only until an
application for a permit to operate, sell or rent the facilities, article,
machine, equipment or other contrivance in question 1s granted or denied;
however, such an authorization shall not remain 1n effect beyond two years
from the date of Issuance unless the Air Pollution Control Officer finds that
the time required for construction requires an extension and grants one
or more extensions to a time within five years of the date of issuance.
(3.0) RULE 3.11 POSTING OF PERMIT
A person who has been granted under these Rules and Regulations a permit to
operate, sell, or rent any facilities, article, machine, equipment, or
other contrivance, shall firmly affix such permit to operate, an approved
facsimile, or other approved identification bearing the permit number upon
the facility, article, machine, equipment or other contrivance in such a manner
as to be clearly visible and accessible. In the event that the facility,
article, machine, equipment, or other contrivance 1s so constructed or
operated that the permit to operate cannot be so placed, the permit to
operate shall be mounted so as to be clearly visible in an accessible place
within 25 feet of the facility, article, machine, equipment, or other
contrivance, or maintained readily available at all times on the operating
premises.
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(2.0) RULE 3.12 TRANSFER
Any permit or written authorization issued hereunder shall not be
transferable, by operation of law or otherwise, from one location to
another, from one piece of equipment to another, or from one person to
another.
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REGULATION IV
AGRICULTURAL BURNING
(2.0) RULE 4.1 PROHIBITIONS
a. No-Burn Days. Except as otherwise authorized by permit under this
Regulation, no person shall knowingly set or permit an open outdoor
fire to burn agricultural wastes on "no-burn" days.
b. Other Wastes. No person shall knowingly set or permit an open out-
door fire to burn agricultural wastes that are not free of other
wastes such as tires, rubbish, tar paper, or construction debris.
c. Minimum of Smoke. No person shall knowingly set or permit an
open outdoor fire to burn agricultural wastes that are not
arranged so that it will burn with a minimum of smoke.
d. Dirt. Soil, and Visible Surface Moisture. No person shall knowing-
ly set or permit an open outdoor fire to burn agricultural wastes
that are not reasonably free of dirt, soil, and visible surface
moisture.
e. Minimum Drying Period. No person shall knowingly set or permit
an open outdoor fire to burn agricultural wastes that have not
been dried for the minimum periods between cutting and burning
set forth in the following table:
1. A minimum of three (3) days for rice straw and stubble.
2. A minimum of thirty (30) days for trees, stumps, and
large branches greater than six (6) inches in diameter.
3. Sufficient time for other agricultural waste such as
orchard prunings, small branches* stubble, vegetable
tops and seed screenings to assure rapid and complete
combustion with a minimum of smoke.
4. The Air Pollution Control Officer may by order authorize
burning of agricultural waste in shorter times if the
denial of such permit would threaten Imminent and
substantial economic loss.
f. Total Daily Burning. No more than 2500 acres of stubble or 7500
tons of other agricultural wastes shall be burned within the District
on any one day.
g. Burning Hours. No person shall knowingly ignite or permit to be
ignited an open outdoor fire to burn agricultural wastes before the
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opening hour or after the closing hour on any day. The opening
hour is 9:00 A.M. and the closing hour is 3:00 P.M., unless the
Air Pollution Control Officer finds that fire protection considera-
tions so require and makes an order designating other opening and
closing hours as to the territory designated therein.
n- Tires. No person shall use or permit to be used tires for the
ignition of fires to burn agricultural wastes.
i. Burning near Cities. Except as otherwise authorized by permit under
this regulation, no person shall knowingly set or permit an outdoor
open fire to burn agricultural wastes within three miles of the
exterior boundaries of a city if the wind direction is toward the city.
(3.0) RULE 4.2 PERMIT TO BURN
(51.13)
No person shall knowingly set or permit an open outdoor fire to burn
agricultural wastes unless he has a valid permit to burn from a designated
agency.
(3.0) RULE 4.3 APPLICATIONS
Requests for a permit to burn shall be initiated by filing an application
with the designated agency and shall provide information required by the
designated agency for fire protection purposes and shall provide the
information required to determine whether the proposed fire will not be
in violation of the provisions of Sections 39298 and 39298.1 of the Health
and Safety Code, these Rules and Regulations and, if the application is
for authorization to burn on no-burn days, an estimate of the amount of
wastes proposed to be burned and the reason why denial of the permit would
have threatened imminent and substantial loss.
(2.0) RULE 4.4 FORMS
The Air Pollution Control Officer and the designated agencies shall jointly
prepare forms of applications and permits to burn in accordance with the
Rules and Regulations.
(3.0) RULE 4.5 STANDARDS FOR GRANTING APPLICATIONS
The designated agency shall grant the permit to burn if the applicant shows
that the proposed fire will not violate these Rules and Regulations or
Sections 39298 and 39298.1 of the Health and Safety Code, however, if the
application is for authorization to burn on no-burn days, or to burn within
three miles of the exterior boundaries of a city when the wind direction
is toward that city, the designated agency shall refer the application to
the Air Pollution Control Officer, who shall grant the application if he
finds that denial of the permit would threaten imminent and substantial
economic loss.
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(51.13) Rule 4.6 RESTRICTED BURNING DAYS
If the A1r Pollution Control Officer determines that 1t 1s likely more
than 2500 acres of stubble or 7500 tons of other agricultural wastes
will be burned within the District on any one day, he shall order the
day designated as a Restricted Burning Day and designate the maximum
number of acres of stubble or tons of other agricultural wastes that
may be burned within the boundaries of each designated agency. The
maximum numbers shall be based on a proration of the maximum acreage or
tonnage to be burned to the acreage or tonnage to be burned within the
. boundaries of each designated agency. On a Restricted Burning Day no
designated agency shall issue permits to burn in excess of the maximum
acreage or tonnage designated for it by the Air Pollution Control Officer.
(3.0) RULE 4.7 PERMIT FORM
Permits to burn shall contain the following:
a. Name and address of the permittee
b. Location of the proposed burning
c. Acreage or estimated tonnage of waste to be burned
d. The kind of agricultural waste to be burned
e. The statement "THIS PERMIT IS VALID ONLY ON THOSE DAYS
WHICH ARE NOT PROHIBITED BY THE STATE AIR RESOURCES BOARD"
f. Such other Information as may be required by the agency
issuing the permit
g. Permits shall specify the opening and closing hours
for ignition of fires.
(51.13) RULE 4.8 FIRE PREVENTION
Nothing in these rules is intended to permit open burning of agricultural
wastes on days when such open burning is prohibited by public fire
protection agencies for purposes of fire control or prevention.
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REGULATION V
FEES
(2.0) RULE 5.1 AUTHORIZATION TO CONSTRUCT FEES
The fee for filing an application to construct is Twenty-five and No/100
($25.00) Dollars.
(3.0) RULE 5.2 PERMIT FEE SCHEDULES
It is hereby determined that the cost of processing applications for
permits required by this Regulation, and of inspections pertaining to
such processing exceeds the fees prescribed herein. In determining the
fees to be charged, the applicable equipment within each process that
requires a permit will be totaled for each schedule. In the event that
more than one fee schedule is applicable to a permit to operate, the
governing schedule shall be that which results in the higher fee.
SCHEDULE 1
ELECTRIC MOTOR HORSEPOWER SCHEDULE
Any article, machine, equipment, or other contrivances, the use of which
may cause the issuance of air contaminants, where an electric motor is
used as the power supply shall be assessed a permit fee based on the total
rated motor horsepower of all such electric motors included in any such
article, machine, equipment or other contrivance, in accordance with the
following schedule:
Horsepower Fee
up to and including 5 $ 10.00
greater than 5 but less than 25 15.00
greater than 25 but less than.50 25.00
50 or greater but less than 75 37.50
75 or greater but less than 100 50.00
100 or greater but less than 150 62.50
150 or greater but less than 200 75.00
200 or greater but less than 400 100.00
400 or greater but less than 800 150.00
800 or greater but less than 1600 200.00
1600 or greater 250.00 + 5*
a Hp.above 1600
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SCHEDULE 2
FUEL BURNING EQUIPMENT SCHEDULE
Any article, machine, equipment or other contrivance the use of which
may cause the issuance of air contaminants, in which fuel is burned,
with the exception of incinerators which are covered in Schedule 4, shall
be assessed a permit fee based upon the design fuel consumption of the
article, machine, equipment or other contrivance expressed in thousands of
British Thermal Units (BTU) per hour, using gross heating values of the
fuel, in accordance with the following schedule:
1000 British Thermal Units per hour Fee
up to and including 150 $ 10.00
greater than 150 but less than 500 15.00
500 or greater but less than 1,500 25.00
1,500 or greater but less than 5,000 50.00
5,000 or greater but less than 15,000.. 75.00
15,000 or greater but less than 50,000 100.00
50,000 or greater but less than 150,000 150.00
150,000 or greater but less than 500,000 200.00
500,000 or greater 250.00 + 5
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SCHEDULE 4
INCINERATOR SCHEDULE
Any article, machine, equipment or other contrivance the use of which
may cause the issuance of air contaminants, which is primarily to dispose
of combustible refuse by wholly consuming the material charged leaving
only the ashes or residue shall be assessed a permit fee based on the
following schedule of the maximum horizontal Inside cross sectional area,
in square feet, of the primary combustion chamber:
Area in Square Feet Fee
up to and incl uding 3 $ 7.50
greater than 3 but less than 6 10.00
6 or greater but less than 9 15.00
9 or greater but less than 16... 25.00
16 or greater but less than 27 35.00
27 or greater but less than 47 50.00
47 or greater but less than 90 75.00
90 or greater but less than 200 100.00
200 or greater 125.00 + 5$
for each additional square foot
SCHEDULE 5
STATIONARY CONTAINER SCHEDULE
Any stationary tank, reservoir, or other container the use of which may
cause the issuance of air contaminants, shall be assessed a permit fee
based on the following schedule of capacities in gallons or cubic equiva-
lent:
Gallons Fee
up to and including 4,000 $ 15.00
greater than 4,000 but less than 40,000 25.00
40,000 or greater but less than 400,000 50.00
400,000 or greater but less than 4,000,000 65.00
4,000,000 or greater 75.00 + 2.5
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SCHEDULE 7
SALE OR RENTAL SCHEDULE
The fee for filing an application for a permit to sell or rent any
article, machine, equipment, or other contrivance for which a permit to
operate is in force is $20.00.
(16.0) RULE 5.3 HEARING BOARD FEES
a. Every applicant or petitioner for variance, or for the
extension, revocation or modification of a variance, or for an
appeal from a denial or conditional approval of an authorization
to construct, permit to operate, or permit to sell or rent,
except any state or local governmental agency or public district,
shall pay to the Clerk of the Hearing Board, on filing, a fee in
the sum of Twenty-five Dollars ($25.00).
b. Any person requesting a transcript of the hearing shall pay
the cost of such transcript.
c. This Rule shall not apply to petitions filed by the Air
Pollution Control Officer.
(9.0) RULE 5.4 ANALYSIS FEES
a. Whenever the Air Pollution Control Officer finds that an analysis
of the emission from any source is necessary to determine the extent
and amount of air contaminants being discharged into the atmosphere
which cannot be determined by visual observation, he may order the
collection of samples and the analysis made by qualified professional
engineer registered in the State or other qualified person.
b. If the report upon the samples and analysis discloses a violation of
Chapter 2, Division 20 or Chapter 10, Part 1, Division 26 of the
Health and Safety Code or these Rules and Regulations, the Air
Pollution Control Officer shall make an order charging costs against
the owner or operator of premises from which samples have been
ordered collected. Such order shall be for the amount of the
reasonable cost actually incurred for time required to collect samples,
make analysis and prepare reports but excluding time required to and
from the premises.
(13.0) RULE 5.5 TECHNICAL REPORT CHARGES
Information, circulars, reports of technical work, and other reports
prepared by the Air Pollution Control District when supplied to other
governmental agencies or individuals or groups requesting copies of the
same may be charged for by the District in a sum not to exceed the cost
of preparation and distribution of such documents.
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REGULATION VI
PROCEDURE BEFORE THE HEARING BOARD
(2.0) RULE 6.1 APPLICABLE ARTICLES OF THE HEALTH AND SAFETY CODE
The provisions of Article 4 and Article 6, Chapter 2, Division 20
of the State of California Health and Safety Code, entitled Rules and
Regulations, Variances and Procedure are applicable to all hearings
before the Hearing Board of the Yolo-Solano County Air Pollution Control
District.
(2.0) RULE 6.2 GENERAL
This regulation shall apply to all hearings before the Hearing Board
of the Air Pollution Control District.
(2.0) RULE 6.3 FILING PETITIONS
Request for a hearing shall be initiated by the filing of a petition in
triplicate with the Clerk of the Hearing Board, and the payment to said
Clerk of the filing fee required by these Rules and Regulations, after
service of a copy of the petition has been made on the Air Pollution Control
Officer, and one copy of the holder of the permit or variance, if any,
involved. Service may be made by mail, and service may be proved by
written acknowledgement of the person served.
No fee shall be required for the filing of a petition by a public agency
or a public officer acting in the scope of his official capacity.
(2.0) RULE 6.4 CONTENTS OF PETITION
Every petition shall state:
a. The name, address, and telephone number of the petitioner,
or other person authorized to receive service of the notices;
b. Whether the petitioner is an individual, co-partnership, corpora-
tion, or other entity, and names and addresses of partners, if
a co-partnership, names and addresses of the persons in control,
if other entity;
c. The type of business or activity involved in the application
and the street address or location at which it is conducted;
d. A brief description of the article, machine, equipment or
other contrivance, if any involved in the application;
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e. Whether the petitioner desires a hearing;
1. To determine whether a permit should be revoked,
or suspended permit should be reinstated under
Section 24274, Health and Safety Code,
2. For a variance under provisions of Section 24292,
Health and Safety Code;
3. To revoke or modify a variance under provisions of
Section 39298, Health and Safety Code;
4. To review the denial or conditional granting of an
authorization to construct, permit to operate or
permit to sell or rent under Rules 3.5 and 3.6 of
these Rules and Regulations.
f. Each petition shall be signed by the petitioner, or some person
on his behalf, and where the person signing 1s not the petitioner,
it shall set forth his authority to sign.
g. Petitions for revocation of permits shall allege, in addition, the
Section or Rule under which the permit was granted and the Section
or Rule which is alleged to have been violated, together with a
brief statement of the facts constituting such alleged violation.
h. Petitions for reinstatement of suspended permits shall allege, in
addition, the Section or Rule under which the permit was granted;
the request and alleged refusal which formed the basis for such
suspension, together with a brief statement as to why information
requested, if any, was not furnished; and whether such information
is believed to be pertinent, and, 1f so, when it will be furnished.
i. All petitions shall be typewritten, double spaced, on legal or
letter size paper, one side of the paper only, leaving a margin
of at least one inch at the top and left side of each sheet.
(5.0) RULE 6.5 PETITION FOR VARIANCES
In addition to the matters required by Rule 6.4, petition for variance
shall state briefly:
a. The Section, Rule or Order complained of:
b. The facts showing by compliance with the Section, Rule
or Order is unreasonable;
c. For what period of time the variance is sought and why;
d. The damage or harm resulting, or which would result, to the
petitioners from a compliance with such Section, Rule or Order;
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e. The requirements which petitioner can meet and the date
when petitioner can comply with such requirement;
f. The advantages and disadvantages to the residents of the
District resulting from granting a variance;
g. Whether or not operations under such variance, if granted,
would constitute a nuisance;
h. Whether or not any case involving the same identical equipment
or process is pending in any court, civil or criminal.
i. Whether or not the subject equipment or process is covered by
a permit to operate issued by the Air Pollution Control Officer.
(2.0) RULE 6.6 APPEAL FROM DENIAL
A petition to review a denial or conditional approval of an authorization
to construct, permit to operate, or permit to sell or rent shall, in addi-
tion to the matters required by Rule 6.4 set forth a summary of the
application, or a copy thereof; the alleged reasons for the denial or
conditional approval; and the reasons for the appeal.
(2.0) RULE 6.7 FAILURE TO COMPLY WITH RULES
The Clerk of the Hearing Board shall not accept for filing any petition
which does not comply with these Rules relating to the form, filing and
service of petitions, unless the Chairman or any two members of the
Hearing Board direct otherwise and confirm such direction in writing.
Such direction need not be made at a meeting of the Hearing Board. The
Chairman of any two members, without a meeting, may require the
petitioner to state further facts or reframe a petition so as to disclose
clearly the issues Involved.
(2.0) RULE 6.8 ANSWERS
Any person may file an answer within 10 days after service. All persons
answering shall be served in the same manner as petitioners under
provisions of Rule 6.3.
(2.0) RULE 6.9 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 6.10 PLACE OF HEARING
All hearings shall be held at the chambers of the Board of Supervisors of
the County of Yolo, Courthouse, Woodland, California, unless some other
place is designated by the Hearing Board.
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(16.0) RULE 6.11 NOTICE OF HEARING
The Clerk of the Hearing Board shall mail or deliver a notice of hearing
to the petitioner, the Air Pollution Control Officer, the holder of the
permit of variance involved, if any, and to any person entitled to
notice under provisions of Sections 24275, 24295, or 24299, Health and
Safety Code.
(2.0) RULE 6.12 EVIDENCE
a. Oral evidence shall be taken only on oath of affirmation.
b. Each party shall have these rights: to call and examine
witnesses; to introduce exhibits; to cross examing opposing
witnesses on any matter relevant to the issues even though that
matter was not covered in the direct examination; to impeach
any witness regardless of which party first called'him to
testify; and to rebut the evidence against him. If respondent
does not testify in his own behalf, he may be called and examined
as if under cross-examination.
c. The hearing need not be conducted according to technical rules
relating to evidence and witnesses. Any relevant evidence shall
be admitted if it is the sort of evidence on which; responsible persons
are accustomed to rely in the conduct of serious affairs, regardless
of the existence of any common law or statutory rule which might
make improper the admission of such evidence over objection in
civil actions. Hearsay evidence may be used for the purpose of
supplementing or explaining any direct evidence, but shall not be
sufficient 1n itself to support a finding unless it would be
admissible over objection in civil actions. The rules of privilege
shall be effective to the same 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 6.13 PRELIMINARY MATTERS
Preliminary matters such as setting a date for, hearing, granting continuances,
approving petitions for filing, allowing amendments, and other preliminary
rulings not determinative of the merits of the case, may be made by the
Chairman or any two members of the Hearing Board without a hearing or meeting
of the Hearing Board and without*notice.
(2.0) RULE 6.14 OFFICIAL NOTICE
The Hearing Board may take official notice of any matter which may be
judicially noticed by the Courts of this State.
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(2.0) RULE 6.15 CONTINUANCES
The Chairman or any two members of the Hearing Board shall grant any
continuance of fifteen (15) days or less concurred in by petitioner,
the Air Pollution Control Officer and by every person who has filed an
answer in the action, and may grant any reasonable continuance; in
either case such action may be ex parte, without a meeting of the Hearing
Board and without prior notice.
(2.0) RULE 6.16 DECISIONS
The decision shall be in writing, served and filed within fifteen (15)
days after submission of the cause by the parties thereto, and shall *
contain a brief statement of facts found to be true, the determination
of the issues presented and the order of the Hearing Board. A copy
shall be mailed or delivered to the Air Pollution Control Officer, the
petitioner and to every person who has filed an answer or who has
appeared as a party in person or by counsel at the hearing.
(2.0) RULE 6.17 EFFECTIVE DATE OF DECISION
The decision shall become effective fifteen (15) days after delivering or
mailing a copy of the decision as provided 1n Rule 6.16, or the Hearing
Board may order that the decision shall become effective sooner.
(3.0) Rule 6.18 LACK OF PERMIT
The Hearing Board shall not receive or accept a petition for a variance
for the operation or use of any article, machine, equipment or other
contrivance until a permit to operate has been granted or denied by the
Air Pollution Control Officer; except that an appeal from a denial of
a permit to operate and a petition for a variance may be filed with the
Hearing Board in a single petition. A variance granted by the Hearing
Board, after a denial of a permit to operate and a petition for a variance,
may be filed with the Hearing Board in a single petition. A variance
granted by the Hearing Board, after a denial of a permit to operate by the
Air Pollution Control Officer, may include a permit to operate for the
duration of the variance
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