U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-296 704
Air Pollution Regulations in
State Implementation Plans
California, Yuba County
Abcor, Inc, Wilmington, MA Walden Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NC Control
Programs Development Div
Aug 78
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&EFK
PB 296704
United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
EPA-450/3-78-054-47
August 1978
Air
Air Pollution Regulations
in State Implementation
Plans:
California
Yuba County
i ' *
REPRODUCED BY
NATIONAL TECHNICAL i
INFORMATION SERVICE i
U. S. DEPARTMENT OF COMMERCE !
SPRINGFIELD, VA. 22161 j
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TECHNICAL REPORT DATA
(Please read Imtructtont on the reverse before completing}
1. REPORT NO. 1 2.
EPA-450/3-78-OM-47 |
4. TITLE ANOSUBJITLE
Air Pollution Regulations in State Implemer
•Plans: California Yuba County
7. AUTHOR(S)
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Walden Division of Abcor, Inc.
Wilmington, Mass.
12. SPONSORING AGENCY NAME AND ADDRESS
Control Programs Development Division
Office of Air Quality Planning and Standar
Office of Air, Noise, and Radiation
Research Triangle Park, NC 27711
15. SUPPLEMENTARY NOTES
EPA Project Officer: Bob Schell, Control
3. RECIPIENT'S ACCESSION-NO.
PS .24k 701+
6. REPORT DATE \ '
itatlon i August 1978
6. PERFORMING ORGANIZATION CODE
B. PERFORMING ORGANIZATION REPORT NO.
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT NO.
68-02-2890
13. TYPE OF REPORT AND PERIOD COVERED
(J5 14. SPONSORING AGENCY CODE
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. Regulat
categories as of January 1, 1978, have bee
this document will be updated annually. S
which have not been Federally approved as
omission of these regulations from this do
the respective Federal, State, or local ag
i
ions which fall into one of the above
n incorporated. As mandated by Congress,
tate and/or local air Quality regulations
of January 1, 1978, are not included here;
cument in no way affects the ability of
encies to enforce such regulations.
17. . KEY WORDS AND DOCUMENT ANALYSIS
a. DESCRIPTORS
Air pollution
Federal Regulations
Pollution
State Implementation Plans
18. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
EPA Form 2220-1 (9-73)
1
1
b. IDENTIFIERS/OPEN ENDED TERMS
18. SECURITY CLASS (This Report )
Unclassified
30. SECURITY CLASS (This page)
Unclassified
c. COSATI Field/Group
- • -i /i r~i
22. PRICE f>&/ " ' 1
/rSAv /Aal \
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EPA.450/3-78-054-47
Air Pollution Regulations
in State Implementation Plans:
itornia
Yubq 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-450/3-78-054-47
ii
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INTRODUCTION
This document has been produced in compliance with Section 110(h)(l)
of the Clean Air Act Amendments of 1977. The Federally enforceable
regulations contained in the State Implementation Plans (SIPs) have been •
compiled for all 56 States and territories (with the exception of the
Northern Mariana Islands). They consist of both the Federally approved
State and/or local air quality regulations as indicated in the Federal
Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of
the above categories as of January 1, 1978, have been incorporated. As
mandated by Congress, this document will be updated annually. State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.
There have been recent changes in the Federal enforceabi1ity of
parking management regulations and indirect source regulations. The
October, 1977, appropriation bill for EPA prohibited Federal enforcement
of parking management regulations in the absence of specific Federal
authorizing legislation. Federally promulgated parking management
regulations have, therefore, been suspended indefinitely. Pursuant to
the 1977 Clean Air Act Amendments, indirect source regulations may not
be required for the approval of a given SIP. Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted indirect source regulations contained in an applicable SIP
are Federally enforceable. More importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded, operated, or owned facilities or projects. Therefore, the
Federally promulgated indirect source regulations appearing in this .
docunent 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.
iv
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SUMMARY SHEET
ERA-APPROVED REGULATION CHANGES
YUBA COUNTY (APCD)
Submittal
6/30/72
7/25/73
1/10/75
7/22/75
2/10/76
Approval
9/22/72
8/22/72
5/11/77
5/11/77
5/11/77
Description
All Regs, unless
otherwise noted
Rules 1.1, 2.1-2.2,
2.10, 4.11, Agricul-
tural Burning Regs.
Sec. 1-6
Agricultural Burning
Regs. Sec 1 (0-R)
Sec. 3E, 3H
Rule 1.1
Agricultural Burning
Regs. Sec. 1 (S-T),
Sec. 3 (E-P)
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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,
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, Fire
Fighting Practice, Agricultural Burning and Related Topics)
51.14 PAPER PULP; MOOD 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)
(2.0)
(2.0)
-
(50.1.2)
(2.0)
(12.0)
(2.0)
(51.13)
(2.0)
(2.0)
(2.0)
(51.13)
(50.7)
(2.0)
(15.0)
(15.0)
(51.16)
YUBA
Reg.
Rule Number
Reg. I
Rule 1
1.1
1.2
1.3
Reg. II
Rule 2
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10
2.11
2.12
2.13
COUNTY REGULATIONS
Title
General Provisions
Title
Definitions
Validity
Effective Date
Prohibitions
Visible Emissions
Exceptions to Rule 2
Emission Control for Used
Motor Vehicles
-
Open Fires
Exceptions to Rule 2.4
-
-
Burning Hours
Nuisance
Exceptions to Rule 2.9
Penalties
Arrest, Notice to Appear
Storage of^Petroleum Products
Page
1
1
1
4
4
5
5
5
6
6
6
6
7
7
7
8
8
8
9
9
viii
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Revised Standard Reg.
Subject Index Rule Number Title Page
(2.0) Rule 2.14 - . 10
(2.0) 2.15 - 10
(2.0) 2.16 - 10
(51.1) 2.17 Orchard and Citrus Heaters 10
(50.1) 2.18 Particulate Matter Concentration 10
(50.6) 2.19 Dust and Fumes 11
(2.0) 2.20 Circumvention 11
(2.0) 2.21 Separation of Emissions 11
(2.0) 2.22 Combination of Emissions 13
(51.21) 2.23 Reduction of Animal Matter 13
(50.2) 2.24 Sulfur Oxides 14
(50.4) 2.25 Organic Solvents 14
Reg. Ill Permit System and Registration 17
(2.0) Rule 3 General Requirements 17
(3.0) 3.1 Permits Required 17
(3.0) 3.2 Registration Required (Existing
Operations) 17
(3.0) 3.3 Exemptions from Permit and
Registration (New and Existing
Operations) 18
(3.0) 3.4 Standards for Granting
Applications for Permits 19
(2.0) 3.5 Conditional Approval 20
(3.0) 3.6 Denial of Applications 20
(2.0) 3.7 Further Information 21
(3.0) 3.8 Action on Applications 21
(.2.0) 3.9 Appeals 21
ix;
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Revised Standard
Subject Index
-
(15.0)
(9.0)
(13.0)
, (9-0)
(9.0)
(7.0)
(7.Q)
(2.0)
(2.0)
(2.0)
(3.0)
(5.0)
-
(2.0)
(2.0)
(16.0)
(16.0)
(5.0)
(2.0)
(2.0)
(2.0)
(16.0)
Reg.-
Rule Number
Reg. IV
Rule 4
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
4.9
4.10
4.11
Reg. V
Rule 5
5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
Title
Enforcement Procedure
Enforcement
Emission Monitoring
Records and Reports
Tests
Field Inspection
Air Pollution Equipment -
Scheduled Maintenance
Equipment Breakdown
Civil Action
Injunctive Action
Order for Abatement
Permit Actions
Variance Action
Procedure Before the Hearing
Board
Health and Safety Code.
Articles and Section Applicabl
General
Hearings
Contents of Petition for
Hearing
Request for Variances
Appeal from Denial
Failure to Comply with Rules
Answers
Dismissal of Request for a
Page
22
22
22
22
22
22
23
23
23
24
24
24
25
27
e 27
27
27
27
28
29
29
29
Hearing 29
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Revised Standard Reg. -
Subject Index Rule Number Title Page
(16.0) Rule 5.9 Place of Hearing 29
(16.0) 5.10 Notice of Hearing 29
(2.0) 5.11 Evidence 30
(2.0) 5.12 Preliminary Matters 30
(2.0) 5.13 Official Notice 30
(2.0) 5.14 Continuances 30
(2.0) 5.15 Decision 31
(2.0) 5.16 Effective Date of Decision 31
(3.0) 5.17 Lack of Permit 31
(16.0) 5.18 Record of Hearing 31
Reg. VI Fees 32
(16.0) Rule 6 Hearing Board Fees 32
(2.0) 6.1 Analysis Fees 32
RULES AND REGULATIONS TO CONTROL AGRICULTURAL BURNING IN YUBA COUNTY
Revised Standard Section
Subject Index Number Title Page
(1.0) 1 Definitions 33
(3.0) 2 Permits 35
(2.0) 3 Prohibitions 42
(2.0) 4 Exceptions 46
(15.0) 5 Enforcement 47
(15.0) 6 Penalties 47
XI
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REGULATION I. GENERAL PROVISIONS
(2.0) RULE 1 TITLE
These Rules and Regulations shall be known as the Rules and Regulations
of the Yuba County Air Pollution Control District.
(1.0) RULE 1.1 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 Chapter
2, Division 20, (Section 24198, et seq.), of the Health and Safety Code.
A. Air Pollution Control Officer. The air pollution control officer
of the Yuba County Air Pollution Control District or a duly
authorized member of his staff.
B. Agricultural Operations. The growing and harvesting of crops,
including timber, or the raising of fowl , animals or bees, for the
primary purpose of earning a living.
C. Air Contaminant. Includes smoke, dust, charred paper, soot, grime,
carbon, acids, fumes, gases, odors, or particulate matter, or any
combination thereof.
D. Alteration. Any addition to, enlargement of, replacement of, or
any major modification or change of the design, capacity, process,
or arrangement, or any increase in the connected loading of, equip-
ment or control apparatus, which will significantly increase or
effect the kind or amount of air contaminants emitted.
E. Atmosphere. The air that envelops or surrounds the earth. Where
air pollutants are emitted into a building not designed specifically
as a piece of air pollution control equipment, such emission into
the building shall be considered to be an emission into the
atmosphere.
F. Board. The Air Pollution Control Board of the Air Pollution Control
District of Yuba County.
G. Combustible or Flammable Solid Waste. Any garbage, rubbish, trash,
rags, paper, boxes, crates, excelsior, ashes, offal, carcass or
dead animals, or any other combustible or flammable refuse matter
which is in solid form.
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H. Combustion Contaminant. Air contaminants discharged into the
atmosphere from the burning of any material.
1. Condensed Fumes. Particulate matter generated by the condensation
of vapors evolved after volatilization from the molten or liquid
state, be generated by sublimation, distillation, calcination or
chemical reaction, when these processes create airborne particles.
J. Dust. Minute solid particles released into the air by natural
forces or by mechanical processes such as crushing, grinding, mill-
ing, drilling, demolishing, shoveling, conveying, covering, bagging,
sweeping, etc.
K. Emission. The act of passing into the atmosphere of an air contami-
nant or gas stream which contains an air contaminant, or the air
contaminant so passed into the atmosphere.
L. Emission Point. The place, located in a horizontal plane and
vertical elevation, at which an emission enters the atmosphere.
M. Flue. Means any duct or passage for air, gases, or the tike,
such as a stack or chimney.
N. Health and Safety Code. Health and Safety Code (H & S Code) means
the Health and Safety Code of the State of California.
0. Hearing Board. The appellate review board of the Yuba County Air
Pollution Control District as provided for in the Health and Safety
Code of the State of California.
P. Hearing Board Clerk. The county clerk of the County of Yuba is the
ex-officio clerk of the hearing board.
Q. Incineration. An operation in which combustion is carried on for
the principal purpose, or with the principal result, of oxidizing
a waste material to reduce its bulk or facilitate its disposal.
R. Installation. The placement, assemblage or construction of equip-
ment or control apparatus at the premises where the equipment or
control apparatus will be used, and includes all preparatory work
at such premises.
S. Multiple-Chamber Incinerator. Any article, machine, equipment,
contrivance, structure or part of a structure, used to dispose
of combustible refuse by burning, consisting of three or more
refractory-lined combustion furnaces in series, physically separated
by refractory walls, inter-connected by gas passage ports or ducts
and employing adequate design parameters necessary for maximum
combustion of the material to be burned.
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T. Open Fires, i.e., Open Burning. Any combustion of solid waste
outdoors, in the open, not in any enclosure, where the products
of combustion are not directed through a flue.
U. Operation. Any physical action resulting in a change in the location
from or physical properties of a material, or any chemical action
resulting in a change in the chemical composition or the chemical or
physical properties of a material.
V. Orchard or Citrus Heater. 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.
W. Owner. Includes, but is not limited to, any person who leases,
supervises or operates equipment, in addition to the normal
meaning of ownership.
X. Particulate Matter. Discrete atmospheric particles of liquid, other
than uncombined water, or solids, as distinguished from a gas or
vapor.
Y. Person or Persons. An individual, public or private corporation,
political subdivision, agency, board, department or bureau of the
State or any municipality, partnership, co-partnership, firm,
association, trust or estate, or any other legal entity whatsoever
which is recognized in law as the subject of rights and duties.
Z. Permissive Burn Day. As used in these Regulations, Permissive
Burn Day Means any day which the California Air Resources Board
has declared to be a permissive burn day.
AA. PPM. Parts per million by volume expressed on a dry gas basis.
BB. Process Weight Per Hour. The total weight of all feed material.
Including contained moisture, but excluding water added for pro-
cessing or air used in processing 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 opera-
tion from the beginning of any given process to the completion there-
of, excluding any time during which the equipment is idle..
CC. Section. Refers to a section of the Health and Safety Code of the
State of California, unless some other statute is specifically
mentioned.
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L)D. Solid Waste Dump. Any accumulation for the purpose of disposal
of any solid waste.
EE. Source Operation. Means the last operation preceding the emission
of an air contaminant which operation:
1) Results in the separation of the air contaminant from the
process material into air contaminants as in the case of combus-
tion of fuel, and
2) Is not an air pollution abatement operation.
FF. Standard Conditions. As used in these Regulations, refers to a
gas temperature of sixty (60) degrees Fahrenheit and a gas pressure
of fourteen and seven-tenths (14.7) pounds per square inch absolute.
GG. Standard Cubic Foot of Gas. The amount of gas that would occupy
a volume of one (1) cubic foot, if free of water vapor, at standard
conditions.
(2.0) RULE 1.2 VALIDITY
If any regulation, rule, subdivision, sentence, clause or phrase of
these Rules and Regulations, if for any reason, is found to be unconstitu-
tional 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 regula-
tions, rules, subdivisions sentence, clauses, or phrases be declared
unconstitutional or invalid.
(2.0) RULE 1.3 EFFECTIVE DATE
These Rules and Regulations shall take effect on 19_
-4-
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REGULATION II. PROHIBITIONS
(50.1.2)RULE 2. VISIBLE EMISSIONS
A person shall not discharge into the atmosphere from any single source
of emission whatsoever, any air contaminant for a period or periods
aggregating more than three minutes in any one hour which is:
a) As dark or darker in shade as that designated as No. 2 on the
Ringlemann 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) above.
(2.0) RULE 2.1 EXCEPTIONS TO RULE 2
The provisions of Rule 2 do not apply to:
a) Smoke from fires set by or permitted by any public officer or
health officer if such fire is set or permission given in the per-
formance 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) For the instruction of public employees in the methods of
fighting fires.
b) Set pursuant to permit on property used for industrial purposes
for the purpose of instruction of employees in methods of fighting
fire.
c) Agricultural operations 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 carbonaceaus matter at a rate in excess of one (1)
gram per minute.
e) The use of other equipment in agricultural operations in growing
of crops, or raising of fowl or animals.
f) Smoke from fires set pursuant to an Open Burning Permit issued by
the Air Pollution Control Officer.
g) Smoke from fires set for the improvement of watershed, range, or
pasture.
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h) As provided in the Health and Safety Code (Sec. 39297.2), nothing
in these Rules and Regulations shall be construed to prohibit
burning for the disposal of combustible or flammable solid waste
of a single or two family dwelling on its premises.
f) As provided in Health and Safety code (Sec. 29297.3), nothing in
these Rules and Regulations shall be construed to prohibit burning !
for right-of-way clearing by a public entity or utility or for i
levee and ditch maintenance. ;
(12.0) RULE 2.2 EMISSION CONTROL FOR USED MOTOR VEHICLES !
Each 1955 through 1962 model year used car in the District shall be
required to be equipped with an approved crankcase emission control ;
device at the"time of transfer of ownership.
(2.0) RULE 2.3
The Air Pollution Control Officer is empowered to issue permits for
open burning.
(51.13) RULE 2.4 OPEN FIRES
No person shall, after December 31, 1971, use open fires for the purpose
of dispose! of petroleum wastes, demolition debris, tires, tar, trees,
wood waste, or other combustible or flammable solid or liquid waste;
or for metal salvage or burning of automobile bodies.
(2.0) RULE 2.5 EXCEPTIONS TO RULE 2.4
Nothing in these Rules and Regulations shall be construed as limiting the
authority granted under other provisions of law:
a) To any public officer to set or permit a fire when such fire is,
in his opinion, necessary for any of the following purposes:
1) for the purpose of the prevention of a fire hazard which cannot
be abated by any other means, or
2) the instruction of public employees in the methods of fighting
fire, or
3) set pursuant to permit on property used for industrial purposes
for the purpose of instruction of employees in the methods of
fighting fires, or
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4) set pursuant to a limited time extension granted by the State
Air Resources Board to the County of Yuba for the use of open
fires for the purpose of solid waste disposal at a County-
operated dumpsite.
b) To set or cause to be set, backfires necessary to save life or
valuable property pursuant to Section 4426 of the Public Resources
Code.
c) To abate fires pursuant to Chapter 2 (commencing with Sec. 13025)
of Part 1 of Division 12 of the California Health and Safety Code.
d) AS PROVIDED IN SEC. 39297.2 OF THE HEALTH AND SAFETY CODE, nothing
in these Rules and Regulations shall be construed as prohibiting
burning for the disposal of combustible or flammable solid waste
of a single or two-family dwelling on its premises.
e) AS PROVIDED IN SEC. 39297.3 OF THE HEALTH AND SAFETY CODE, nothing
in these Rules and Regulations shall be construed to prohibit burn-
ing for right-of-way clearing by a public entity or utility or for
levee and ditch maintenance.
(2.0) RULE 2.6
It shall be unlawful to use an open fire for right-of-way clearing by
a public entity or utility or for levee or ditch maintenance or for the
disposal of combustible or flammable solid waste from a single or two-
family dwelling on its premises except on a day officially designated
as a "Permissive Burn Day."
(2.0) RULE 2.7
Nothing in Rule 2.4 d), e), shall be construed to permit the burning
of tires, petroleum waste or tar paper.
(51.13) RULE 2.8 BURNING HOURS
The burning of refuse, as provided in Rule 2.1 i), j), and Rule 2.5 d),
e), shall be done only between the hours of 9:00 A.M., and 3:00 P.M.,
except that such burning within areas under the jurisdiction of the
California State Division of Forestry or the United States Forest Service
shall be done In accordance with the regulations or orders of the above
agencies relative to burning hours, permissive burn days or any other
fire control requirements.
-7-
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(50.7) RULE 2.9 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 or have a natural tendency to
cause injury or damage to business or property.
(2.0) RULE 2.10 EXCEPTIONS TO RULE 2.9
The provisions of Rule 2.9 do not apply to:
a) Agricultural operations and associated odors necessary for the grow-
ing of crops or raising of fowl or animals.
b) Fires set by or permitted by any public officer if such fire is set
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 hazard which cannot
be abated by any other means, or
2) for the instruction of public employees in the methods of fight-
ing fires, or
3) for the improvement of watershed, range, or pasture.
c) Fires set pursuant to permit on property used for industrial purposes
for the purpose of instruction of employees in methods of fighting
f i re.
(15.0) RULE 2.11 PENALTIES
Any violation of the provisions of these Regulations is a misdemeanor
punishable by imprisonment in the county jail not exceeding six months,
or by fine not exceeding five hundred dollars ($500), or both, and the
cost of putting out the fire. Every day during any portion of which
such violation occurs constitutes a separate offense.
a) Any violation of any provisions of these Regulations or of any
order, rule, or regulation of the board may be enjoined in a civil
action brought in the name of the people of the State of California
except that the plaintiff shall not be required to allege facts
necessary to show or tending to show lack of adequate remedy at
law or to show or tending to show irreparable damage or loss.
-8-
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.. i iu-s .^.-j^^-rs.: ~s
4) set pursuant to a limited time extension granted by the State
Air Resources Board to the County of Yuba for the use of open j
fires for the purpose of solid waste disposal at a County- j
operated dumpsite. i
b) To set or cause to be set, backfires necessary to save life or
valuable property pursuant to Section 4426 of the Public Resources |
Code.
c) To abate fires pursuant to Chapter 2 (commencing with Sec. 13025)
of Part 1 of Division 12 of the California Health and Safety Code.
d) AS PROVIDED IN SEC. 39297.2 OF THE HEALTH AND SAFETY CODE, nothing
in these Rules and Regulations shall be construed as prohibiting
burning for the disposal of combustible or flammable solid waste
of a single or two-family dwelling on its premises.
e) AS PROVIDED IN SEC. 39297.3 OF THE HEALTH AND SAFETY CODE, nothing
in these Rules and Regulations shall be construed to prohibit burn-
ing for right-of-way clearing by a public entity or utility or for
levee and ditch maintenance.
(2.0) RULE 2.6
It shall be unlawful to use an open fire for right-of-way clearing by
a public entity or utility or for levee or ditch maintenance or for the
disposal of combustible or flammable solid waste from a single or two-
family dwelling on its premises except on a day officially designated
as a "Permissive Burn Day."
(2.0) RULE 2.7
Nothing in Rule 2.4 d), e), shall be construed to permit the burning
of tires, petroleum waste or tar paper.
(51.13) RULE 2.8 BURNING HOURS
The burning of refuse, as provided in Rule 2.1 i), j), and Rule 2.5 d),
e), shall be done only between the hours of 9:00 A.M., and 3:00 P.M.,
except that such burning within areas under the jurisdiction of the
California State Division of Forestry or the United States Forest Service
shall be done in accordance with the regulations or orders of the above
agencies relative to burning hours, permissive burn days or any other
fire control requirements.
-7-
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(50.7) RULE 2.9 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 or have a natural tendency to
cause injury or damage to business or property.
(2.0) RULE 2.10 EXCEPTIONS TO RULE 2.9
The provisions of Rule 2.9 do not apply to:
a) Agricultural operations and associated odors necessary for the grow-
ing of crops or raising of fowl or animals.
b) Fires set by or permitted by any public officer if such fire is set
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 hazard which cannot
be abated by any other means, or
2) for the instruction of public employees in the methods of fight-
ing fires, or
3) for the improvement of watershed, range, or pasture.
c) Fires set pursuant to permit on property used for industrial purposes
for the purpose of instruction of employees in methods of fighting
f i re.
(15.0) RULE 2.11 PENALTIES
Any violation of the provisions of these Regulations is a misdemeanor
punishable by imprisonment in the county jail not exceeding six months,
or by fine not exceeding five hundred dollars ($500), or both, and the
cost of putting out the fire. Every day during any portion of which
such violation occurs constitutes a separate offense.
a) Any violation of any provisions of these Regulations or of any
order, rule, or regulation of the board may be enjoined in a civil
action brought in the name of the people of the State of California
except that the plaintiff shall not be required to allege facts
necessary to show or tending to show lack of adequate remedy at
law or to show or tending to show irreparable damage or loss.
-8-
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4) set pursuant to a limited time extension granted by the State
Air Resources Board to the County of Yuba for the use of open
fires for the purpose of solid waste disposal at a County-
operated dumpsite.
b) To set or cause to be set, backfires necessary to save life or
valuable property pursuant to Section 4426 of the Public Resources
Code.
c) To abate fires pursuant to Chapter 2 (commencing with Sec. 13025)
of Part 1 of Division 12 of the California Health and Safety Code.
d) AS PROVIDED IN SEC. 39297.2 OF THE HEALTH AND SAFETY CODE, nothing
in these Rules and Regulations shall be construed as prohibiting
burning for the disposal of combustible or flammable solid waste
of a single or two-family dwelling on its premises.
e) AS PROVIDED IN SEC. 39297.3 OF THE HEALTH AND SAFETY CODE, nothing
in these Rules and Regulations shall be construed to prohibit burn-
ing for right-of-way clearing by a public entity or utility or for
levee and ditch maintenance.
(2.0) RULE 2.6
It shall be unlawful to use an open fire for right-of-way clearing by
a public entity or utility or for levee or ditch maintenance or for the
disposal of combustible or flammable solid waste from a single or two-
family dwelling on its premises except on a day officially designated
as a "Permissive Burn Day."
(2.0) RULE 2.7
Nothing in Rule 2.4 d), e), shall be construed to permit the burning
of tires, petroleum waste or tar paper.
(51.13) RULE 2.8 BURNING HOURS
The burning of refuse, as provided in Rule 2.1 1), j), and Rule 2.5 d),
e), shall be done only between the hours of 9:00 A.M., and 3:00 P.M.,
except that such burning within areas under the jurisdiction of the
California State Division of Forestry or the United States Forest Service
shall be done in accordance with the regulations or orders of the above
agencies relative to burning hours, permissive burn days or any other
fire control requirements.
-7-
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(50.7) RULE 2.9 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 or have a natural tendency to
cause injury or damage to business or property.
(2.0) RULE 2.10 EXCEPTIONS TO RULE 2.9
The provisions of Rule 2.9 do not apply to:
a) Agricultural operations and associated odors necessary for the grow-
ing of crops or raising of fowl or animals.
b) Fires set by or permitted by any public officer if such fire is set
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 hazard which cannot
be abated by any other means, or
2) for the instruction of public employees in the methods of fight-
ing fires, or
3) for the improvement of watershed, range, or pasture.
c) Fires set pursuant to permit on property used for industrial purposes
for the purpose of instruction of employees in methods of fighting
f i re.
(15.0) RULE 2.11 PENALTIES
Any violation of the provisions of these Regulations is a misdemeanor
punishable by imprisonment in the county jail not exceeding six months,
or by fine not exceeding five hundred dollars ($500), or both, and the
cost of putting out the fire. Every day during any portion of which
such violation occurs constitutes a separate offense.
a) Any violation of any provisions of these Regulations or of any
order, rule, or regulation of the board may be enjoined in a civil
action brought in the name of the people of the State of California
except that the plaintiff shall not be required to allege facts
necessary to show or tending to show lack of adequate remedy at
law or to show or tending to show irreparable damage or loss.
-8-
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(15.0) RULE 2.12 ARREST. NOTICE TO APPEAR
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.
a) In any case in which a person is arrested pursuant to the above-
noted paragraph 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 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
Sec. 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.
(51.16) RULE 2.13 STORAGE OF PETROLEUM PRODUCTS
a) Any person who, after December 31, 1970, loads or permits the
loading of gasoline into any stationary tank with a capacity of
250 gallons or more from any tank truck or trailer, except through
a permanent submerged fill pipe, unless such a tank is a pressure
tank as described in Rule 2.14, or is equipped with a vapor recovery
system as described in Rule 2.15, or with a floating roof as
described in Rule 2.16 or unless such tank is equipped with other
apparatus of equal efficiency which has been approved by the air
pollution control officer is whose district the equipment is located,
or, where no such district exists, by the State Air Resources
Board, is guilty of a misdemeanor.
b) Any person who installs any gasoline tank with a capacity of 250
gallons or more which does not meet the requirements of subdivision
a), is guilty of a misdemeanor.
c) Subdivisions, a) and b) shall not apply to any stationary tank
installed prior to December 31, 1970.
d) For the purpose of this Rule, "gasoline" means any petroleum distil-
late having a Reid vapor pressure of four pounds or greater.
e) For the purpose of this Rule, "submerged fill pipe" means any
fill pipe which has its discharge opening entirely submerged when
the liquid level is six inches above the bottom of the tank.
"Submerged fill pipe", when applied to a tank which is loaded
from the side, means any fill pipe which has its discharge opening
entirely submerged when the liquid level is 18 inches above the
bottom of the tank.
f) Subdivisions a) and b) 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 Sec.
36000) of Vehicle Code.
-9-
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(2.0) RULE 2.14
A "pressure tank" is a tank which^maintains working pressure sufficient
at all times to prevent hydrocarbon vapor or gas loss to the atmosphere.
(2.0) RULE 2.15
A "vapor recovery system" consist^ of 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 tfy the atmosphere, with all tank gauging
and sampling devices gas-tight except when gauging or sampling is taking
place.
(2.0) RULE 2.16
A "floating roof" consists of a ppntoon-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 Rule shall not
be used if the gasoline or petroleum distillate has a vapor pressure of
11.0 pounds per square inch absolute or greater under actual storage
conditions. All tank-gauging and
except when gauging or sampling 1s taking place.
(51.1) RULE 2.17 ORCHARD AND CITRUS
sampling devices shall be gas-tight
HEATERS
No new orchard or citrus heater produced or manufactured shall be sold
for use against frost damage unless it has been approved by the Air
Resources Board. [
No person shall use any orchard or citrus heater after January 1, 1975
unless it has been approved by the Air Resources Board or does not
produce more than one gram per minute of unconsumed solid carbonaceous
material. :
(5.0.1) RULE 2.18 PARTICULATE MATTER CONCENTRATION
A person shall not discharge into, the atmosphere from any source, parti-
culate matter 1n excess of 0.3 grains per cubic foot of gas at standard
conditons. (
When the source involves a combustion process, the concentration must
be calculated to 12 percent carbon dioxide (C02). In measuring the
combustion contaminants from incinerators used to dispose of combustible
refuse by burning, the carbon diojxide (C02) produced by combustion of
any liquid or gaseous fuels shall* be excluded from the calculation to
12 percent of carbon dioxide
-10-
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(50.6) RULE 2.19 DUST AND FUMES
A person shall not discharge 1n
ever dust or fumes in total
in the following table: (See pag
itny one hour from any source whatso-
quanttties In excess of the amounts shown
le 13).
To use the following table, take the process weight per hour as such
is defined in the attached definitions. Then find this figure on the
table opposite which 1s the maximum number of pounds of contaminants
which may be discharged into the j atmosphere in any one hour.
:
As an example, if "A" has a process which emits contaminants into the
atmosphere and which process takes 4 hours to complete, he will divide
the weight of all materials in the specific process, in this example,
2,400 Ibs., by 4 giving a process weight per hour of 600 Ibs. The table
shows that "A" may not discharge.! more than 1.83 Ibs. 1n any one hour during
the process. Interpolation of the data in the table for process weights
up to 60,000 pounds/hour shall bfe accomplished by use of the equation:
E - 4.|10 P0-67
and interpolation and extrapolation of the data for process weight
rates in excess of 60,000 pounds/hour shall be accomplished by use of
the equation:
E » 55J.O P0-11 - 40
i
E = rate of ^emission In pounds/hours.
(2.0) RULE 2.20
j
P = process jweight rate 1n tons/hour.
CIRCUMVENTION !
A person shall not build, erect j install, or use any article, machine,
equipment or other contrivance, jthe use of which, without resulting in
a reduction 1n the total release of air contaminants to the atmosphere,
reduces or conceals an emission j which would otherwise constitute a vio-
lation 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 24243 of the Health and Safety
Code of the State of California,
(2.0) RULE 2.21 SEPARATION OF EMISSIONS
If air contaminants from a slngje source operation are emitted through
two or more emission points, the total emitted quantity of any air
contaminant limited in this Regulation cannot exceed the quantity which
would be the allowable emission, through a single emission point; the
total emitted quantity of any such air contaminant shall be taken as
the product of the highest concentration measured in any of the emission
-11-
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i
points and the combined exhaust gas volume from all emission points,
unless the person responsible fojf the source operation establishes, to
the satisfaction of the Air Pollution Control Officer, the correct total
emitted quantity.
ALLOWABLE RATE OF EMISSION BASED ON
PROCESS WEIGHT RATE
Process Weight
Rate
Lb. Hr.
100
200
400
600
800
1,000
1,500
2,000
2,500
3,000
3,500
4,000
5,000
6,000
7,000
8,000
9,000
10,000
12,000
Tons Hr.
0.05
0.10
0.20
0.30
0.40
0.50
0.75
1.00
1.25
1.50
1.75
2.00
2.50
3.00
3.50
4.00
4.50
5.00
6.00
Rate of
Emission
Lb. Hr.
0.551
0.877
1.40
1.83
2.22
2.58
3.38
4.10
4.70
5.38
5.96
6.52
7.38
8.56
9.49 ,
10.4
11.2
12.0
13.6
i
! Process Weight
| Rate
! Lb. Hr.
' 16,000
18,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
120,000
140,000
180,000
200,000
1,000,000
2,000,000
6,000,000
Tons Hr.
8.00
9.00
10.
15.
20.
25.
30.
35.
40.
45.
50.
60.
70.
80.
100.
500.
1,000.
3,000.
Rate of
Emission
Lb. Hr.
16.5
17.9
19.2
25.2
30.5
35.4
41.0
41.3
42.5
43.6
44.6
46.3
47.8
29.0
51.2
69.0
77.6
92.7
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(50.6) RULE 2.19 DUST AND FUMES
A person shall not discharge 1n any one hour from any source whatso-
ever dust or fumes In total quantities In excess of the amounts shown
in the following table: (See page 13).
To use the following table, take the process weight per hour as such
Is defined In the attached definitions. Then find this figure on the
table opposite which 1s the maximum number of pounds of contaminants
which may be discharged Into thejatmosphere In any one hour.
As an example, if "A" has a process which emits contaminants into the
atmosphere and which process takes 4 hours to complete, he will divide
the weight of all materials in the specific process, in this example,
2,400 Ibs., by 4 giving a procesfe weight per hour of 600 Ibs. The table
shows that "A" may not discharge!more than 1.83 Ibs. 1n any one hour during
the process. Interpolation of the data in the table for process weights
up to 60,000 pounds/hour shall bb accomplished by use of the equation:
E = 4.JIO P°-67
i
and interpolation and extrapolation of the data for process weight
rates In excess of 60,000 pounds/hour shall be accomplished by use of
the equation:
E « 5S.O P0-11 - 40
i
i
E = rate of emission in pounds/hours.
P « process
(2.0) RULE 2.20 CIRCUMVENTION
A person shall not build, erect,
equipment or other contrivance,
weight rate in tons/hour.
Install, or use any article, machine,
the use of which, without resulting in
a reduction 1n the total release} of air contaminants to the atmosphere,
reduces or conceals an emissionjwhlch would otherwise constitute a vio-
lation 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 24243 of the Health and Safety
Code of the State of California,
(2.0) RULE 2.21 SEPARATION OF EMISSIONS
If air contaminants from a single source operation are emitted through
two or more emission points, the total emitted quantity of any air
contaminant limited in this Regulation cannot exceed the quantity which
would be the allowable emission;through a single emission point; the
total emitted quantity of any such air contaminant shall be taken as
the product of the highest concentration measured in any of the emission
-11-
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points and the combined exhaust gas volume from all emission points,
unless the person responsible foif the source operation establishes, to
the satisfaction of the Air Pollution Control Officer, the correct total
emitted quantity.
i
ALLOWABLE RATE OF EMISSION BASED ON
PROCESS. WEIGHT RATE
Process Weight
Rate
Lb. Hr.
100
200
400
600
800
1,000
1,500
2,000
2,500
3,000
3.500
4,000
5,000
6,000
7,000
8,000
9,000
10,000
12,000
Tons Hr.
0.05
0.10
0.20
0.30
0.40
0.50
0.75
1.00
1.25
1.50
1.75
2.00
2.50
3.00
3.50
4.00
4.50
5.00
6.00
II
Rate of j Process Weight
Emission i Rate
F
Lb. Hr. I Lb. Hr.
f.
0.551
0.877
1.40
1.83
2.22
2.58
3.38
4.10
4.70
5.38
5.96
6.52
7.38
8.56
9.49
10.4
11.2
12.0
13.6
16,000
18,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
120,000
140,000
180,000
200,000
1,000,000
2,000,000
6,000,000
Tons Hr.
8.00
9.00
10.
15.
20.
25.
30.
35.
40.
45.
50.
60.
70.
80.
100.
500.
1,000.
3,000.
Rate of
Emission
Lb. Hr.
16.5
17.9
19.2
25.2
30.5
35.4
41.0
41.3
42.5
43.6
44.6
46.3
47.8
29.0
51.2
69.0
77.6
92.7
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(2.0) RULE 2.22 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 reason-
ably susceptible to confirmation and use by the A1r Pollution
Control Officer for establishing a separation of the components
of the combined emission to indicate the nature, extent, quantity
and degree of emission arising from each source operation, then
all of the applicable prohibitions shall apply to each such source
operation separately.
b) If air contaminants from twoior more source operations are combined
prior to emission, and the combined emission cannot be separated
according to the requirements of subparagraph a), of the Prohibition,
then all applicable prohibitions shall be applied to the combined
emission as 1f 1t originated in a single source operation, subject
to the most stringent limitations and requirements placed by these
prohibitions on any of the source operations whose air contaminants
are so combined. !
(51.21) RULE 2.23 REDUCTION OF ANIMAL1 MATTER
A person shall not operate or use; any article, machine, equipment or
other contrivance for the reduction of animal matter unless all gases,
vapor and gas-entrained effluents from such an article, machine, equip-
ment or other contrivance are: :
i
a) Incinerated at temperatures;of not less than 1200 degree Fahrenheit
for a period of not less th$n 0.3 second; or
!
b) processed in such a manner Determined by the Air Pollution Control
Officer to be equally, or mbre, effective for the purpose of air
pollution control than (a) above.
i
A person Incinerating or process-ing gases, vapors, or gas-entrained
effluents pursuant to this Rule shall provide, properly Install and
maintain 1n calibration, in good: working order and in operation devices,
as specified 1n the Permit to Construct or to Operate or as specified
in the Permit to Construct or to Operate or as specified by the A1r
Pollution Control Officer, for indicating temperature, pressure or other
operating conditions.
For the purpose of this Prohibition, "reduction" 1s defined as any
heated process. Including rendering, cooking, drying, dehydrating,
digesting, evaporating, and protein concentrating.
e
The provisions of this Rule shall not apply to any article, machine,
equipment or other contrivance used exclusively for the processing of
food for human consumption.
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(50.2) RULE 2.24 SULFUR OXIDES. A person shall not discharge into the atmos-
phere from any single source of emission whatsoever, any
sulfur oxides in excess of 0.2 percent by volume (2000 ppm)
collectively calculated as sulfur dioxide (S02).
(50.4) RULE 2.25 ORGANIC SOLVENTS. j
a) A person shall not discharge more than 15 pounds of org-
anic materials Into the atmosphere In any one day from
any article, machjlne, equipment or other contrivance
1n 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! all organic materials discharged from
such article, machine, equipment or other contrivance
have been reduced either by at least 85 percent overall
or to not more than 15 pounds in any one day.
i
b) A person shall not discharge more than 40 pounds of organ-
ic material Into jthe atmosphere in any one day from any
article, machine,) equipment or other contrivance used
under conditions iother than described in a), for employ-
ing, applying, evaporating or drying any photochemically
reactive solvent; as defined In k), or material contain-
ing such sol venti unless all organic materials discharged
from such article, machine, equipment or other contrivance
have been reduce^ either by at least 85 percent overall
or to not more than 40 pounds 1n any one day.
!
c) Any series of articles, machines, equipment or other con-
trivances designed for processing a continuously moving
sheet, web, strip or wire which is subjected to any
combination of operations described in a), or b), invol-
ving any photochemically reactive solvent, as defined in
k), or material containing such solvent, shall be subject
to compliance with b). Where only non-photochemically
reactive solvent^ or material containing only non-photo-
chemically reactive solvents are employed or applied, and
where any portlop or portions of said series of articles,
machines, equipment or other contrivances Involves opera-
tions described jln a), said portions shall be collectively
subject to compliance with a).
d) Emissions of organic materials to the atmosphere from
the clean-up with photochemically reactive solvents, as
defined in k), of any article, machine, equipment or other
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contrivance described 1n 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 prohibition. j
e) Emissions of organic materials to the atmosphere as a result of
spontaneously continuing drying or products for the first 12 hours
after their removal from any article, machine, equipment or other
contrivance described In a
other emissions of organic
, b), or c), shall be Included with
materials from that article, machine,
equipment, or other contrivance for determining compliance with
this prohibition. |
f) Emissions of organic materials into the atmosphere required to be
controlled by a), b), or c);, shall be reduced by:
i
1) Incineration, provided that 90 percent or more of the
carbon in the organic materials being Incinerated is
oxidized to carbjon dioxide, or
t
(2) adsorption, or
t
(3) processing in aj 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 prohibition shall provide, properly
install, and maintain in calibration, in good working order and in
operation, devices as specijfled in the Authority to Construct or
the Permit to Operate, or as specified by the Air Pollution Control
Officer, for Indicating temberatures, pressures, rates of flow or
other operating conditions hecessary to determine the degree and
effectiveness of air pollution control.
h) Any person using organic solvents or any materials containing organic
solvents shall supply the Ajir Pollution Control Officer, upon
request and in the manner and form prescribed by him, written evid-
ence of the chemical composition, physical properties and amount
consumed for each organic solvent used.
1) The provisions of this prohibition shall not apply to;
(1) The manufacture! of organic solvents, or the transport
or storage of organic solvents or materials containing
organic solvents.
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(2) The use of equipment for which other requirements are
specified by Prohibitions Rule 2.13, or which are exempt
from air pollution control requirements by said
Prohibitions.
I
(3) The spraying or other employment of insecticides, pest-
icides or herbicides.
(4) The employment, application, evaporation or drying of
saturatedjhalogenated hydrocarbons or perchloroethylene,
j. For the purposes!of this prohibition, organic solvents
Include diluents land thinners and are defined as
organic materials which are liquids at standard condi-
tions and which are used as dissolvers, viscosity
reducers or cleaning agents.
k. For the purposes;of this prohibition, a photochemically
reactive sol vent;1s 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 limita-
tions, referred jto the total volume of solvent.
1) A combination of hydrocarbons, alcohols, aldehydes,
esters, ethers or ketones having an olefinlc or
cyclo-oleif1n1c type of unsaturation: 5 percent;
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2) A combination of aromatic compounds with eight
or more ciarbon atoms to the molecule except
ethyl benzene: 8 percent,
3) A combination of ethyl benzene, ketones having
branched ihydrocarbon structures, trichloror
ethylene or toluene: 20 percent.
Whenever any orgianic 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,
1t shall be considered as a member of the most reactive
chemical group, that 1s, that group having the least allow-
able percent of the total volume of solvents.
For the purpose of this prohibition, organic materials
are defined as chemical compounds of carbon excluding carbon
monoxide, carbon dioxide, carbonic add, metallic carbides,
metallic carbonates and ammonium carbonate.
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contrivance described 1n 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 prohibition. j
e) Emissions of organic mater
contrivance described 1n a
other emissions of organic
equipment, or other contrl
this prohibition.
als to the atmosphere as a result of
spontaneously continuing drying or products for the first 12 hours
after their removal from any article, machine, equipment or other
b), or c), shall be Included with
materials from that article, machine,
ance for determining compliance with
f) Emissions of organic materials into the atmosphere required to be
controlled by a), b), or c)>, shall be reduced by:
1) Incineration, provided that 90 percent or more of the
carbon in the origan 1c materials being Incinerated is
oxidized to carbjon dioxide, or
(2) adsorption, or
i
(3) processing 1n aj manner determined by the Air Pollution
Control Offlcerj to be not less effective than 1) or 2),
above. ;
g) A person Incinerating, adsorbing, or otherwise processing organic
materials pursuant to this prohibition shall provide, properly
Install, and maintain in calibration, in good working order and 1n
operation, devices as specified 1n the Authority to Construct or
the Permit to Operate, or as specified by the Air Pollution Control
Officer, for Indicating temperatures, pressures, rates of flow or
other operating conditions hecessary to determine the degree and
effectiveness of air pollution control.
h) Any person using organic solvents or any materials containing organic
solvents shall supply the Ajfr Pollution Control Officer, upon
request and in the manner and form prescribed by him, written evid-
ence of the chemical composition, physical properties and amount
consumed for each organic splvent used.
i) The provisions of this prohibition shall not apply to:
(1) The manufacture] of organic solvents, or the transport
or storage of organic solvents or materials containing
organic solvents.
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(2) The use of equipment for which other requirements are
specified fry Prohibitions Rule 2.13, or which are exempt
from air pollution control requirements by said
Prohibitions.
(3) The spraying or other employment of insecticides, pest-
icides or herbicides.
(4) The employment, application, evaporation or drying of
saturatedihalogenated hydrocarbons or perchloroethylene.
j. For the purposes,of this prohibition, organic solvents
Include diluents;and thinners and are defined as
organic materials which are liquids at standard condi-
tions and which are used as dissolvers, viscosity
reducers or cleaning agents.
k. For the purposes;of this prohibition, a photochemically
reactive solvent;1s 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 limita-
tions, referred jto the total volume of solvent.
i
1) A combination of hydrocarbons, alcohols, aldehydes,
esters, ethers or ketones having an olefinlc or
cyclo-oleHnlc type of unsaturation: 5 percent;
2) A combination of aromatic compounds with eight
or more carbon atoms to the molecule except
ethylbenztene: 8 percent,
3) A combination of ethyl benzene, ketones having
branched ihydrocarbon structures, trichloro^
ethylene or toluene: 20 percent.
Whenever any organic solvent or any constituent of an
organic solvent may Ibe 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 is, that group having the least allow-
able percent of the total volume of solvents.
For the purpose of this prohibition, organic materials
are defined as chemical compounds of carbon excluding carbon
monoxide, carbon dioxide, carbonic add, metallic carbides,
metallic carbonates and ammonium carbonate.
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REGULATION III. PERMIT SYSTEM AND REGISTRATION
(2.0) RULE 3. GENERAL REQUIREMENTS
No person shall cause or permit the construction or modification of any
new source without first obtaining an authority to construct or modify
from the A1r Pollution Control Officer as to the location and design
of such new source to comply with! applicable rules and regulations and
ambient air quality standards. ;
i
i
a) The A1r Pollution Control Officer shall not approve such construction
or modification unless the applicant demonstrates to the satisfaction
of the Air Pollution Controlj Officer that the new source can be
expected to comply with all iappHcable state and local regulations.
(3.0) RULE 3.1 PERMITS REQUIRED j
a) Authority to Construct. Any person building, erecting, altering or
repTacIng any 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, shall first obtain written authorization for such
construction from the Air Pollution Control Officer. An Authority to
Construct shall remain In. effect until the Permit to Operate the
equipment for which the application was filed 1s granted or denied
or the application is cancelled.
b) Permit to Operate. Before any article, machine, equipment or other
contrivance described in subjsection a) above, may be operated or
used, a written permit shall; be obtained from the Air Pollution
Control Officer. No Permit 'to Operate or use shall be granted
either by the Air Pollution jControl Officer or the Hearing Board
for any article, machine, equipment or contrivance described in
subsection a) above, constructed or Installed without authorization
as required by subsection a); above, until the Information required
pursuant to these Rules and Regulations is presented to the Air
Pollution Control Officer and such article, machine, equipment or
other contrivance is altered, if necessary, and made to conform
to the standards set forth elsewhere in these Rules and Regulations.
(3.0) RULE 3.2 REGISTRATION REQUIRED (Existing Operations)
•
Effective January 1, 1973, it is .required that all existing equipment,
contrivances or places of business that have burning or send emissions
into the atmosphere, be registered with the A1r Pollution Control Officer.
Such registration shall be made on forms provided by the Air Pollution
Control District.
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(3.0) RULE 3.3 EXEMPTIONS FROM PERMIT AND REGISTRATION (New and Existing
OperationsT!
An Authorization to Construct or Permit to Operate or registration, shall
not be required for:
a) Vehicles as defined by the Vehicle Code of the State of California,
but not including any articVe, machine, equipment or other contri-
vance mounted on such vehicle that would otherwise require a permit
under the provisions of theste Rules And Regulations.
b) Vehicles used to transport passengers or freight.
c) Equipment utilized exclusively 1n connection with any structure,
which structure is designed Ifor and used exclusively as a dwelling
for not more than two (2) families.
!
d) The following equipment: |
1) Comfort air conditioning or comfort ventilating systems which
are not designed to remove air contaminants generated by or
released from specific'units or equipment.
i
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 or[process water or not used for evapora-
tive 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
plastic! or wood.
7) Residential incinerators when used for burning of paper or
leaves.
e) Space heaters.
f) Equipment used in eating establishments for the purpose of preparing
food for human consumption.
g) Steam-heated by natural gas or LPG, or both.
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h) Self-propelled mobile construction equipment other than pavement
burners. j
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1) Other sources of minor significance specified by the Air Pollution
Control Officer.
j) Agricultural Implements used 1n agricultural operations.
(3.0) RULE 3.4 STANDARDS FOR GRANTING APPLICATIONS FOR PERMITS
i
a) The Air Pollution Control Officer shall deny Authorization to
Construct, or Permit to Operate except as provided in the "Exemp-
tions" above, 1f the applicant does not show that every article,
machine, equipment or other {contrivance, the use of which may
cause the issuance of air contaminants, or the use of which may
eliminate or reduce or control the Issuance of air contaminants,
Is so designed, controlled, lor equipped with such air pollution
control equipment that it maV be expected to operate without emitting
or without causing to be emitted, air contaminants In violation of
all applicable state and local regulations.
b) No Authority to Construct or* modify shall be granted unless the
applicant shows to the satisfaction of the A1r Pollution Control
Officer that the new source,; as designed or modified, does not
endanger maintenance or attainment of any applicable ambient air
quality standard. ;
i •
c) Before Authorization to Construct or Permit to Operate is granted,
the A1r Pollution Control Officer may require the applicant to
provide and maintain such facilities as are necessary for sampling
and testing purposes 1n order to secure Information that will
disclose the nature, extent,; quantity or degree of air contaminants
discharged Into the atmosphere from the article, machine, equip-
ment or other contrivance described in the Authorization to Construct
or Permit to Operate. In tHe event of such a requirement, the
A1r Pollution Control Officer shall notify the applicant in writing
of the required size, number,, and location of sampling holes; the
size and location of the sampling platform; the access to the
sampling platform and the utilities for operating the sampling and
testing equipment. The platform and access shall be constructed
in accordance with the General Industry Safety Orders of the State
of California.
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d) In acting upon a Permit to Operate, if the Air Pollution Control
Officer finds that the artlqle, machine, equipment or other contri-
vance has been constructed n,ot in accordance with the Authorization
to Construct, he shall deny'the Permit to Operate. The A1r Pollu-
tion Control Officer shall riot accept any further application for
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Permit to Operate the article, machine, equipment or other contri-
vance so constructed until he finds that the article, machine,
equipment or other contrivance has been reconstructed in accordance
with the Authorization to Construct.
! •
e) The fact that an Authorization to Construct or modify or a Permit
to Operate an article, machine equipment or other contrivance des-
cribed therein shall have be^en Issued by the A1r Pollution Control
Officer shall not be an endorsement of such article, machine, or
other contrivance, nor shall 1t be deemed or construed to be a war-
ranty, guarantee or representation on the part of the Air Pollution
Control Officer that emission standards may not be exceeded by such
article, machine, equipment or other contrivance. In every Instance,
the person, firm or corporation to whom such authorization or permit
is Issued shall be and remain responsible under these regulations for
each and every Instance wherein emission standards are exceeded
by the article, machine, equipment or other contrivance described
in the permit, and the fact'of Issuance or authorization shall not
be a defense to or mitigation of any charge of violation.
(2.0) RULE 3.5 CONDITIONAL APPROVAL
i
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 article, machine, equipment or other contrivance within
the permit standards 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 A1r Pollution Control Officer
shall issue an Authorization to Construct or a Permit to Operate with
revised conditions upon receipt pf a new application, If the applicant
demonstrates that the article, machine equipment or other contrivance can
operate within the permit standards under the revised conditions.
i
(3.0) RULE 3.6 DENIAL OF APPLICATIONS
In the event of denial of Authorization to Construct, Permit to Operate,
the Air Pollution Control Officer shallinotify the applicant in writing
of the reasons therefor. Servicfe of this notification may be made in
person or by mail, and such servjfce may be proved by the written
acknowledgement of the persons served. The Air Pollution Control Officer
shall not accept further application unless the applicant has complied
with the objections specified by, the A1r Pollution Control Officer as
his reasons for denial of the Authorization to Construct, the Permit to
Operate or the Permit to sell or; rent.
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(2.0) RULE 3.7 FURTHER INFORMATION
i
Before acting on an application for Authorization to Construct, or
Permit to Operate, the A1r Pollution Control Officer may require the
applicant to furnish further 1nf6rmat1on or further plans or specifica-
tions.
(3.0) RULE 3.8 ACTION ON APPLICATIONS
The application may, at his option, deem the Authority to Construct or
Permit to Operate, denied 1f the |A1r Pollution Control Officer fails
to act on the application within !thirty (30) days after filing, or with-
in thirty (30) days after applicant furnishes the further Information,
plans and specification requested by the A1r Pollution Control Officer,
whichever 1s later.
(2.0) RULE 3.9 APPEALS I
Within ten (10) days after notice by the A1r Pollution Control Officer
of denial or conditional approval of an Authorization 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 within thirty (30) days after filing the petition,
may sustain or reverse the actloii of the A1r Pollution Control Officer;
such order may be made subject to specified conditions.
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REGULATION IV. ENFORCEMENT PROCEDURE
(15.0) RULE 4, ENFORCEMENT
In the Rules and Regulations of the Yuba County Air Pollution Control
District and all State Statutes concerning air pollution controls shall
be enforced by the A1r Pollution Control Officer and any other officer
as authorized by the State and/or;local law.
(9.0) RULE 4.1 EMISSION MONITORING
The Air Pollution Control Officer may require the owner or operator
of any air contaminant source to Install, use and maintain monitoring
equipment; sample emissions; establish and maintain records; and make
periodic emission reports. All of these actions shall be accomplished
in a manner approved by the Air Pollution Control Officer.
(13.0) RULE 4.2 RECORDS AND REPORTS
Air Pollution monitoring records and such fuel composition data as deemed
necessary shall be recorded, compiled and submitted on forms furnished
by the Air Pollution Control Officer.
(9.0) RULE 4.3 TESTS
All tests shall be made and the results calculated in accordance with
test procedures approved by the A^r Pollution Control Officer. All tests
shall be made under the direction of persons qualified by training and/or
experience in the field of air pollution control, and approved by the
Air Pollution Control Officer.
a) The Air Pollution Control Officer may conduct tests of emissions of
air contaminants from any source. Upon request of the Air Pollution
Control Officer, the person irresponsible for the source to be tested
shall provide necessary holes in stacks or ducts and such other
safe and proper sampling and testing facilities, exclusive of instru-
ments and sensing devices as may be necessary for proper determina-
tion of the emission of air contaminants.'
(9.0) RULE 4.4 FIELD INSPECTION
Each source of air pollution subject to permit or registration shall
be inspected or tested at such Intervals of time so that no extended
periods of violations will occur.
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(7.0) RULE 4.5 AIR POLLUTION EQUIPMENT - Scheduled Maintenance
In the case of shutdown or restart of air pollution equipment for neces-
sary scheduled maintenance* the Intent to shut down such equipment shall
be reported to the A1r Pollution Control Officer at least twenty-four
(24) hours prior to the planned shut-down. Such prior notice shall
Include, but 1s not limited to the^ following:
a) Identification of the specific facility to be taken out of service
as well as Its location and permit number.
b) The expected length of time that the air pollution control equipment
will be out of service.
c) The nature and quantity of emissions of air contaminants likely to
occur during the shutdown period.
d) Measures such as the use of off-shift labor and equipment that will
be taken to minimize the length of the shutdown period.
e) The reasons that 1t would be:Impossible or Impractical to shut down
the source operation during the maintenance period.
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f) During testing period moderate emission of air pollution will be
allowed.
(7.0) RULE 4.6 EQUIPMENT BREAKDOWN
In the event that any emission source, air pollution control equipment,
or related facility breaks down 1n such a manner which may cause the
emission of air contaminants in violation of this article, the person
responsible for such equipment sh^ll Immediately notify the Air Pollution
Control Officer of such failure or breakdown and subsequently a written
statement giving all pertinent facts, Including the estimated duration
of the breakdown. The Air Pollution Control Officer shall be notified
when the condition causing the failure or breakdown has been corrected
and the equipment 1s again In operation.
(2.0) RULE 4.7 CIVIL ACTION
Any person violating Sections 24242, 24243, or 39430 of the Health and
Safety Code or of any Rule or Regulation of the Yuba County A1r Pollution
Control District, may be liable for a civil penalty of up to $500.00
for each day that the violation occurs.
s
Such action may be taken in any court of competent jurisdiction in the
name of the people of the State by the Attorney General, by any district
attorney, or by the Yuba County Ajfr Pollution Control District's counsel.
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If the action 1s brought by thejAttorney General on the behalf of the
district, one-half of any penalty collected shall be paid to the State
Treasurer, and the other half t$ the treasury of the Yuba County Air
Pollution Control District. Ifactlon 1s brought by the Attorney
General on behalf of the A1r Resources Board, all penalties are to
be paid to the State. Penalties resulting from action brought by local
attorneys are to be paid directly to the Yuba County Air Pollution
Control District.
Such civil action Is to take precedence over all other civil matters
on the court calendar, except those to which equal precedence Is granted
by law.
(2.0) RULE 4.8 INJUNCTIVE ACTION
The violation of any provlsions^of Division 20, Chapter 2, Article 3,
of the Health and Safety Code, 0r any Rule, Regulation or order of the
Yuba Country Air Pollution Contfol District may be enjoined in a civil
action brought in the name of the people of the State. In bringing such
action, the plaintiff need not ihow lack of adequate remedy of law or
to show Irreparable damage or loss.
(2.0) RULE 4.9 ORDER FOR ABATEMENT I
The Board of Directors of the Yuba County Air Pollution Control District
may issue, after notice (30 days) and a public hearing, an order for
abatement when the Board finds that any person is in violation of the
State air pollution nuisance or[the visible emissions statutes, or of
any rule or regulation of the district. Also, the Board of Directors
of the Yuba County Air Pollution Control District may empower the
District's hearing board to Issue orders for abatement.
Intentional or negligent violation of any order for abatement issued by
the Yuba County Air Pollution Control District, or by the A1r Resources
Board makes the violation liable for a civil penalty not to exceed
$6,000.00 for each day that the!violation occurs.
3.0) RULE 4.10 PERMIT ACTIONS |
i
The Air Pollution Control Officer may request the hearing board to hold
a public hearing to determine whether a permit should be revoked.
The A1r Pollution Control Office may also suspend a permit 1f a permittee
fails to furnish all required Information. He may then request that the
hearing board hold a public hearing to determine whether the suspended
permit should be reinstated, or he may reinstate the permit if in his
opinion, good reason exists to do so. Within ten (10) days after the
receipt of a Notice of Suspension, the permittee may file a demand with
the hearing board for a public hearing to determine whether or not the
permit was properly suspended. I
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The hearing board must hold a public hearing to consider permit matters
within thirty (30) days after receiving a request for the hearing from
either the Air Pollution Control Officer or the permittee. The board
must notify all concerned persons of the date, time, and place of the
hearing not less than ten (10) days before the hearing.
Regarding permit matters, the hearing board may:
a) Revoke an existing permit; i
b) Find that no violation exists and reinstate a suspended permit;
i
c) Remove the suspension of a suspended permit pending the furnishing,
by the permittee, of the required Information; or
d) Continue the suspension of the permit.
i
(5.0) RULE 4.11 VARIANCE ACTION
Except in the case of an emergency, as determined by the hearing board,
the hearing board shall hold a [hearing to determine under what conditions
and to what extent a variance from the requirements established by Article
3 (comnendng with Section 2424J1) of Chapter 2 of the Health and Safety
Code; Chapter 3.5 (commencing with Section 39077) of Part 1 of Division 26
of the Health and Safety Code, jor by rules, regulations, or orders of the
air pollution control board 1sjnecessary and will be permitted.
t
a) The hearing board shall allow Interested members of the public a
reasonable opportunity to testify with regards to the matter under
consideration, and shall consider such testimony in making Its
determination. !
The hearing board may grant a variance for any statute, rule, regulation
or order other than for the maintenance of a nuisance. However, no vari-
ance may be granted for longer!than one-year's duration. Any variance
may be continued from year to ^ear without another hearing upon the appro-
val of the A1r Pollution Control Officer.
The board shall submit an annual report by September 30 to the State Air
Resources Board on the variances granted by the hearing board, including
variances granted in cases of Emergencies, during the period from July 1,
to June 30 where the durations;of the variances, Including any extensions
granted, are for more than one year. The report shall include the names
of the parties to whom the variances were granted, the reasons for the
durations of the variances, and whether the variances have been, or were
previously, extended. !
The hearing board may also revoke or modify a previously granted variance,
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deny the granting of a variance, or determine that the source in
question is not in violation thereby negating the need for a variance.
i
Any decisions of the hearing board of the Yuba County Air Pollution
Control District are subject to judicial review. Accordingly, any
agrieved person, including the Air Pollution Control District, may file
a Writ of Mandate in accordance;with the State Code of Civil Procedure
within thirty (30) days after the date which the hearing board's decis-
ion was filed.
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REGULATION V. PROCEDURE BEFORE THE HEARING BOARD
i
(2.0) RULE 5. HEALTH & SAFETY CObE. ARTICLES AND SECTION APPLICABLE
Articles 4, 5 and 6; Sections 24260 through 24323.
(2.0) RULE 5.1 GENERAL
This Regulation shall apply to all hearings before the Hearing board
of the Air Pollution Control District.
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;
(16.0) RULE 5.2 HEARINGS j
Requests for hearing shall be initiated by the filing of a petition in
triplicate with the Clerk of the! Hearing Board. The payment of a fee is
as provided for in Rule 6. The Clerk shall serve a copy of the petition
on the Air Pollution Control Officer, and one copy on the holder of the
Authority to Construct Permit, ojr Permit to Operate or variance holder,
if any, involved. Service may be made in person or by mall, and service
may be proved by written acknowledgment of the person served or by the
affidavit of the person making tjie service.
(16.0) RULE 5.3 CONTENTS OF PETITlbN FOR HEARING
i
Every petition shall state: <
a) The name, address and telephone number of the petitioner or other
person authorized to receivjs service of notices;
i
b) Whether the petitioner is an individual, co-partnership, corporation
or other entity; names and Addresses of the partners if a co-partner-
ship; names and addresses of the officers if a corporation; and the
names and addresses of the persons in control, if other entity;
c) The type of business or activity involved in the application, and
the street address at which it is conducted;
d) A brief description of the article, machine, equipment or other
contrivance, if any, involved in the application;
e) The section or rule under which the petition is filed; that is,
whether petitioner desires a hearing:
1) To determine whether a permit shall be revoked or a
suspended permit reinstated under Section 24274;
2) For a variance under Section 24292;
3) To revoke or modify a variance under Section 24298;
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4) To review the denial or conditional granting of an Authori-
zation to Construct, or.Permit to Operate, under Rules 3.4
and 3.5 of these Rules and Regulations.
f) Each petition shall be signed by the petitioner, or by some person
on his behalf; and where the person signing is not the petitioner,
it shall set forth his authority to sign.
g) Petitions for revocation of permits shall allege, in addition, the
section under which permit wfcs granted and the Rule or section which
is alleged to have been violated, together with a brief statement
of the facts constituting sufch alleged violation.
h) Petitions for reinstatement of suspended permits shall allege, in
addition, the section under which the permit was granted; the request
and alleged refusal which fohned the basis for such suspension,
together with a brief statement as to why Information requested,
if any, was not furnished; ajid whether such information is believed
by petitioner to be pertinent, and, if so, when it will be furnished.
(5.0) RULE 5.4 REQUEST FOR VARIANCES
In addition to the matters required by Rule 5.3, petitions for variances
shall state briefly:
a) The section, rule or order complained of.
b) The facts showing why compliance with the section, rule or order is
unreasonable.
c) For what period of time the variance is sought and why.
d) The damage or harm resulting or which would result to petitioner
from a compliance with suchisectlon, rule or order.
e) The requirements which petitioner can meet and the date when peti-
tioner can comply with such requirements.
f) The advantages and disadvantages to the residents of the district
resulting from requiring compliance or resulting from granting a
variance.
g) Whether or not operations under such 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.
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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 5.5 APPEAL FROM DENIAL I
___^—_. |
A petition to review a denial or (conditional approval of an Authorization
to Construct or Permit to Operate!, shall, in addition to the matters
required by Rule 5.3, set forth a summary of the application, or a copy
thereof; the alleged reasons for ;the denial or conditional approval; and
the reasons for appeal. ;
(2.0) RULE 5.6 FAILURE TO COMPLY VJITH 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 apd confirm such direction in writing.
Such direction need not be made it a meeting of the Hearing Board. The
Chairman or any two members, without a meeting, may require the petitioner
to state further facts or reframe a petition so as to disclose clearly
the issues involved. i
(2.0) RULE 5.7 ANSWERS
Any person may file an answer within ten (10) days after service. All
answers shall be served the same as petitions under Rule 5.2.
(16.0) RULE 5.8 DISMISSAL" OF REQUEST FOR A HEARING
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 5.9 PLACE OF HEARING
All hearings shall be held at Marysvilie, the County seat, unless some
other place is designated by the Hearing Board.
(16.0) RULE 5.10 NOTICE OF HEARING
The Clerk of the Hearing Board shall mail or deliver a notice of hearing
to the petitioner, the Air Pollution Control Officer, the holder of the
permit or variance involved, if any, and to any person entitled to notice
under Section 24275, 24295, or 24299. Health and Safety Code.
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(2.0) RULE 5.11 EVIDENCE
a) Oral evidence shall be taken:only on oath or affirmation.
b) Each party shall have these rights: rights to counsel; 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 relat-
ing 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 supple-
menting or explaining any diirect evidence, but shall not be suffi-
cient in itself to support ai 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 repeti-
tious evidence shall be excluded.
(2.0) RULE 5.12 PRELIMINARY MATTERS
Preliminary matters such as setting a date for hearing, granting continu-
ances, 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 5.13 OFFICIAL NOTICE
The Hearing Board may take official notice of any matter which may be
judicially noticed by the courts of tnis State.
(2.0) RULE 5.14 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.
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(2.0) RULE 5.15 DECISION
There must be two or more members of the Hearing Board present to make
a decision. 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 Issues presented and the order of the Hearing Board.
A copy shall be mailed or delivered to the A1r 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 5.16 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 5.15 or the Hearing
Board may order that the decision shall become effective sooner.
(3.0) RULE 5.17 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. A variance granted by the Hearing Board,
after a denial of a Permit to Operate by/the Air Polliitfon Control Officer,
may include a Permit to Operate for the duration of the variance.
(16.0) RULE 5.18 RECORD OF HEARING
All hearings before the Hearing Board will be recorded.
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REGULATION VI. FEES
(16.0) RULE 6. HEARING BOARD FEES
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, or Permit to
Operate, except any state or locail government agency or public district,
shall pay to the Clerk of the Hearing Board, on filing, a fee 1n the sum
of twenty-five dollars ($25.00).
a) Any person requesting a transcript of the hearing shall pay the cost
of such transcript.
b) This Rule shall not apply to' petitions filed by the Air Pollution
Control Officer.
(2.0) RULE 6.1 ANALYSIS FEES
Whenever the Air Pollution Control Officer finds that an analysis of the
emission from any source is necessary to determine the extent and amount
of pollutants being discharged into the atmosphere which cannot be deter-
mined by visual observation, he may order the collection of samples and
the analysis made by qualified personnel. The time required for collec-
ting samples, making the analysis: and preparing the necessary reports,
but excluding time required in gojing to and from such premises shall be
charged against the owner or operator of said premises in a reasonable
sum, which said sum is not to exceed the actual cost of such work.
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RULES AND REGULATIONS TO CONTROL AGRICULTURAL BURNING IN YUBA COUNTY
(1.0) Section 1. DEFINITIONS
A. Agricultural Burning. "Agricultural Burning" means open outdoor
fires used in agricultural operations in the growing of crops;
raising of fowl , animals, or bees; forest management burning;
and the burning of wood wastes from property being developed for
commercial or residential purposes.
B. Agricultural Wastes. "Agricultural Wastes" are defined as unwanted
or unsaleable material produced wholly from agricultural operations
which are directly related to growing of crops, fowl , animals or
bees for the primary purpose; of making a profit or a livelihood.
This would also include grasjs and weeds in or adjacent to fields
in cultivation or being prepared for cultivation, and materials
not produced wholly from sucjh operations but which are intimately
related to the growing or harvesting of crops, and which are used
in the fields. Example: empty fertilizer and pesticide sacks, bags
or cartons.
C. A "No-Burn Day". A "No-Burn; Day" means any day on which the Cali-
fornia Air Resources Board or the District prohibits agricultural
burning. |
D. A "Burn Day". A "Bum Day" means any day on which the California
Air Resources Board and the District do not prohibit agricultural
burning.
E. Designated Agencies. "Designated Agency" means the public fire pro-
tection or other equivalent agency designated by the California Air
Resource Board to issue permits for agricultural burning.
F. Person. "Person" means any person, firm, association, organization,
partnership, business, trust, corporation, company, contractor,
supplier, installer, user, owner, state or local governmental
agency or public district, or any officer or employee thereof.
G. Board. "Board" means the Air Pollution Control Board of the Yuba
County Air Pollution Control District.
H- District. "District" means Yuba County Air Pollution Control
District.
I. Silviculture. "Silviculture" means the establishment, development,
care, and reproduction of stands of timber.
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J. Forest Management Burning. "Forest Management Burning" means the
use of open fires as part of a forest management practice to remove
forest debris and Includes:
1. Forest management practices* Including hazard reduction.
2. Timber operations.
3. Silviculture and forest protection practices.
K. Range Improvement Burning. '"Range Improvement Burning" means the
use of open fires to remove Vegetation for wildlife, game or live-
stock habitat or for the Initial establishment of an agricultural
practice on previous uncultivated land.
L. Timber Operations. "Timber (Operations" means cutting or removal
of timber or other forest vegetation.
M. Brush Treated. "Brush Treated" means that the material to be burned
has been felled, crushed orjup-rooted with mechanical equipment,
or has been desiccated with;herbicide.
N. Approved Ignition Devices. "Approved Ignition Devices" include
those Instruments or materials that will Ignite open fires for
agricultural burning without the production of black smoke by the
ignition device.
0. Rice Straw dryness test procedure. A representative rice straw
sample is bent sharply at a!minimum of a 90° angle. If the straw
sample makes an audible crackling sound, 1t is considered dry
enough for burning.
P. Representative rice straw testing sample. A composite sample of
rice straw from under the mat and from the center of the mat. The
samples are to be taken from various parts of the field.
Q. Spread rice straw. Rice straw spread by means of a mechanical
straw spreader attached to the discharge of the harvester that will
insure even distribution, of straw.
R. Rowed rice straw. R1ce straw passing directly through the harvester
discharge without being spread.
S. Backfiring. "Backfiring" means Igniting the field in a manner so
that all fire lines are burning directly Into the wind.
T. Strip Firing. "Strip Firing" means a technique of igniting a field
to be burnea by having fire lines burning either directly or obliquely
into the wind. This is accomplished by using the backfiring technique
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plus lighting strips at least 100 feet apart and running In a
straight line Into the wind.
(3.0) Section 2. PERMITS
A. Permit to Burn. No person shall knowingly set or permit an open
outdoor fire for the purpose of agricultural burning or the burning
of agricultural waste unless he has a valid Permit to Bum issued
by a designated agency.
B. 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 or not the proposed f1re will be in violation of the provi-
sions of Sections 39298 and 39298.1 of the Health and Safety Code
and, these Rules and Regulations. If the application is for authori-
zations to burn on a "no-burn day", it must include an estimate of
the amount of wastes proposed to be burned and the reason wny denial
of the permit will threaten .Imminent and substantial loss. Permits
for burning on a "no-burn day" are to be Issued by the Air Pollution
Control Officer only.
C. Forms. The Air Pollution Cqntrol Office and the designated agencies
shall jointly prepare forms !of Applications and Permit to Burn in
accordance with these Rules and Regulations.
D. Standards for Granting Permits. 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 1s for
Authorization to Burn on a No-Burn Day, the designated agency shall
grant the permit if he finds that denial of the permit would threaten
Imminent and substantial economic loss.
E. Permits, Daily Limits. Befdre granting a Permit to Burn, the
designated agency shall contact the A1r Pollution Control Officer
and determine whether permits have been authorized as allowed by the
daily limit on agricultural burning. If the dally limit is not
exceeded thereby, the designated agency shall grant the permit and
report the number of acres of stubble or other agricultural burning
for which the permit is granted, to the Air Pollution Control Officer.
F. Fire Permit Agencies. The A1r Pollution Control Officer is empowered
to grant permits for agricultural burning. The following Yuba County
Fire Prevention Agencies and their officials have been designated to
grant such permits also:
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1. Marysville Fire Department
2. Linda Fire Department
3. Olivehurst F1re Department
4. Plumas Brophy F1re Department
5. California State Division of Forestry
G. Prior to burning, notice of iintent shall be given by the permittee
to the fire control agency having jurisdiction over the site of the
proposed burn.
H. Permits for the burning of wood wastes from property being developed
for commercial or residential purposes must be issued by the Air
Pollution Control Officer only.
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743-4441 YUBA COUNTY AIR POLLUTION CONTROL DISTRICT by:
1420 Eye Street, Marysville, California 95901
743-6908
Permit No.: This Permit expires on:
NAME: ; ; DATE:
ADDRESS: PHONE:
LOCATION OF BURN SITE:
DISTANCE TO NEAREST RESIDENTIAL AREA:,
TYPE OF MATERIAL: t
N, R _E, Sec.
AMOUNT OF MATERIAL:.
REASON FOR BURNING:
Any person who violates the Provisions of these Rules and Regulations is
guilty of a misdemeanor and is punishable by Imprisonment in the County
jail not exceeding six months, or; by fine not exceeding five hundred ($500..).
or both, and the cost of putting out the fire.
The above statements are true to the. best of my knowledge. I understand
that permission to bum agricultural waste does not excuse the permittee
from liability in the event the fire creates a nuisance or hazard.
Si gnature: j Title:
CONDITIONS
1. This Permit is valid only on "Burn Days" as designated by the State
Air Resources Board.
2. All operations shall comply with applicable local, County and State
Regulations. The Air Pollution Control Office or your local fire
agency shall be notified prior to each burn.
3. This Permit is valid only on land owned or legally controlled by
permittee, and shall be available for inspection at the burn site.
4. The burn shall be attended by able-bodied person(s).
5. The waste shall be arranged to facilitate efficient burning and
shall be free of other waste such as tires, rubbish, tar paper or
construction debris.
6. The waste shall be dried as required; shall be free of visible mois-
ture; and, ignited only with approved devices. (Referto reverse side.)
7. This Permit may be revoked or suspended for violation of any condi-
tions of said Permit or when.it Is necessary for public safety.
The permittee shall take the following additional precautions:
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ATTENTION PERMITTEE!
The following Information is called to your attention
and 1s defined by law pertaining to agricultural burning.
It 1s required by law that fire by used In such a manner as to minimize
the possibility of damage to others.
BURNING TIME
1. No fires shall be Ignited before 9:00 a.m.. or after 3:00 p.m.
2. No material shall be added to an existing fire after 3:00 p.m., P.S.T.
3. Time Interval between storage and burning, to provide adequate drying,
shall be at least the following or equivalent as outlined In
Agricultural Burning Regulations.
a. R1ce straw and stubble - *• - 3 days.
b. Dry cereals 0 days.
c. Trees, stumps and large branches greater than 6 Inches 1n
diameter - 30 days
d. Sufficient time for other agricultural waste such as orchard
printings, small branches, stubble, vegetable crops and seed
screenings to assure ratyld and complete combustion with a
minimum of smoke* :
e. Check Rules and Regulations for the requirements pertaining
to Range Improvement burning. Forest Manangement burning, or
for the burning of woodiwastes from property being developed
for commercial or residential purposes.
APPROVED IGNITION DEVICES
To assist 1n the Ignition of agricultural waste fires, Ignition devices
should be limited to butane, propane or LPG pressure fuel devices.
Fires, tar paper and demolition materials and similar materials shall not
be considered acceptable fuels for ignition devices. The Intent of this
Provision 1s to prohibit the use of any material which, when burned will
produce a black smoke.
ADDITIONAL PROVISIONS
PERMITTEE MUST NOT BURN WHEN SUCH BURNING IS PROHIBITED BY THE DESIGNATED
FIRE CONTROL AGENCY.
NON-RESPONSIBILITY CLAUSE
The Issuance of this Permit shall not be construed as Imposing on the
designated Issuing agency, any official, or any employee thereof, any
responsibility whatsoever for damages Incurred by the use of the Permit.
Burning of agricultural wastes above 3,000 feet mean sea level 1s exempt
from the provisions of Agricultural burning Rules and Regulations.
It 1s the permittee's responsibility to meet the foregoing requirements.
PENALTY CLAUSE ;
Any person who violates the provisions of these Rules and Regulations is
guilty of a mldemeanor which 1s punishable by Imprisonment 1n the County
jail not exceeding six (6) months, or-by fine not exceeding five-hundred
dollars ($500.), or both, and the cost of putting out the fire.
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INSTRUCTIONS TO DESIGNATED PERMIT-ISSUING AGENCIES
The Agricultural Burning Permit shall be prepared in triplicate to pro-
vide information to the various agencies of concern. The copies of each
permit shall be distributed accordingly:
1. Original: To the Air Pollution Control Officer
2. Duplicate: To the designated Fire Protection Agency
3. Triplicate: To the Permittee
The Permittee shall have his copy available for inspection at the bum
site. This procedure will minimize any charges of burning without a
valid permit.
The original of this permit, which 1s for the Air Pollution Control Of-
fice, shall be submitted by the designated issuing agency on a weekly
basis. '.'
In order to provide for proper control of agricultural burning, a sepa-
rate Permit shall be obtained for each burning operation as well as for
each different burn site. A burning operation may extend over several
days, but it must be the same type of material and on the same burn
site.
The Permit shall be Issued for the length of time necessary to complete
the burning operations. The Permittee shall contact the Air Pollution
Control Office or the designated local fire protection agency prior to
each day's burn to determine if it 1s an authorized burn day as well as to
inform the respective agency that they are about to burn.
The Agricultural Burning Permit form is quite comprehensive and contains
information required by the A1r Pollution Control District and the desig-
nated Fire Control Agencies. There is also Information concerning the
Rules and Regulations governing agricultural burning and conditions
under which the Permit 1s Issued. Before any permit 1s issued it must be
completed and signed by the applicant.
The application for an Agricultural Burning Permit shall be reviewed by
the Issuing agency. The burn 1s likely to cause a nuisance, the Permit
shall not be Issued until approval 1s obtained from the Air Pollution
Control Office. A nuisance might be caused if the location of the burn
site and the direction of the prevailing winds would direct the air con-
taminants toward an adjacent residential area.
Each control district shall adopt a rule making it illegal to burn or to
permit a burn without a valid Permit. The rule should read: No person
shall knowingly set or permit an open fire for agricultural burning un-
less he has a valid permit from a fire protection agency as designated
by the Board.
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The penalty for this act shall be adopted into the local Air Pollution
Control District Rules and Regulations. It should read as follows: Any
person who violates the provisions of the Agricultural Burning Rules and
Regulations is guilty of a misdemanor which is punishable by imprison-
ment in the County jail not exceeding six months, or by fine not exceed-
ing five hundred dollars ($500.), or both, and the cost of putting out
the fire.
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AGRICULTURAL WASTE BURNING PERMIT
FLOW CHART
APPLICATION FOR PERMIT
AT
DESIGNATED FIRE AGENCY
| KEVlEH BY FIRE AGENCY STAFF
COPY TO
ARB
XCEPTION EXCEPTION
PPROVEp
NOTIFY F.D.
BEFORE
BURN
] E
[
DENIED
fAPP ROVEP |
CONSULT WITH
FARM ADVISOR
OTHER AGRICULTURAL AUTHORITIES
LEGAL ACTION
IF
BURNED
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(2.0) Section 3. 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 for agricultural burning or for the burning of agricultural
waste on a "no-burn day".
B. Other Wastes. No person shall knowingly set or permit an open
outdoor 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 for agricultural burning that 1s not arranged so that
1t will burn with a minimum of smoke.
D. Dirt. Soil and Visible Surface Moisture. No person shall knowingly
set or permit an open out-dopr fire for agricultural burning that
is not reasonably free of dirt, soil and visible surface moisture.
E. Minimum Drying Period. No person shall knowingly set or permit
to be set, an open outdoor fHre for agricultural burning or for
the purpose of burning agricultural waste that has not been dried
for the minimum drying perlojd(s) between cutting and burning as
follows:
i
1. Rice Stubble and Straw Burning
a) All rice harvesters, shall employ a mechanical straw
spreader to insure even distribution of the straw with
the exception of rice straw which may be left in rows
provided it meets drying time criteria or dryness test
prior to a burn as Described in c) and d) of this provision.
b) No spread rice straw shall be burned prior to a three
(3) day drying time after cutting.
c) No rowed rice straw shall be burned prior to a ten (10)
day drying period after cutting.
d) Subsections b) and c) above do not apply if the rice
straw meets the rice straw dryness test just prior to
burning.
e) After a rain exceeding fifteen hundredths (.15) of an inch,
the rice straw shall not be burned until it meets the
rice straw dryness test just prior to burning.
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2. Representative Rice Straw Testing Sample
When checking the field for moisture, a composite sample of
straw from under the mat, 1n the center of the mat and from
under the mat, in the center of the mat and from different
areas of the field shall be taken, to Insure a representative
sample. A hand full of straw from each area will give a
good Indication.
3. Rice Straw Dryness Test Procedure
A representative rice straw sample 1s bent sharply at a mini-
mum of a 90 degree angle, if the straw sample makes an audible
cracking sound, 1t 1s considered dry enough for burning.
4. A minimum of thirty (30) days for trees, stumps, and large
branches greater than six (6) inches in diameter.
5. 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.
6. The A1r Pollution Control Officer may, by order, authorize
burning of agricultural waste 1n shorter times 1f the denial
of such permit would threaten Imminent and substantial
economic loss.
7. Range improvement burning and the burning of wood wastes from
property being developed for commercial or residential purposes
must be "brushtreated" at least six (6) months prior to
burning 1f economically and technically feasible. Unwanted
trees must be felled and dried "for six (6) months.
8. Waste from forest management burning must be dried for the
specified period of time that 1s required by the designated
agency.
F. Rice stubble and straw burning. No rice stubble or straw shall
be burned unless the burning Is done by the backfiring or strip
methods.
G. .Total Daily Burning
Agriculture waste burning shall be limited to not more than 10%
of the total acreage of any one crop within the district on any
one burn day. Except that during critical ventilating period
from October 1 through November 15 of each year the agricultural
waste burning shall be limited to not more than 5% of the total
acreage of any one crop within the district on any one burn day.
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H. Restricted Burning Days
If, for any reason, it becomes likely that wastes from more than the
allotted total acreage within a district of any agricultural crop
will be burned on any one day, the Control Officer shall notify the
local agencies designated in Section 2 PERMITS, subsection 'F' "Fire
Permit Agencies" that a condition of restricted burning exists. On
days of restricted burning, local agencies shall restrict the
acreage of stubble or other wastes to be burned under permit to
that acreage allocated to the agency by the Control Officer. The
Control Officer shall prorate the amounts to be burned to each
agency based on the estimated number of acres in the geographic
area covered by said agency.
I. Burning Hours
All agricultural burning must comply with the burning hours listed
below except that burning within the areas under the jurisdiction
of the California State Division of Forestry or the United States
Forest Service shall be done in accordance with the regulations
or orders of said agencies relative to burning hours, permissive
burn days or any other fire control requirements.
a) Rice Straw Burning. No person shall knowingly ignite or permit
to be Ignited open outdoor fires for burning rice straw before
10:00 A.M., or after 5:00 P.M.
b) Other Agricultural Burning. No person shall knowingly ignite
or permit to be ignited open outdoor fires for agricultural
burning or burning of agricultural waste, except rice straw,
before 9:00 A.M., or after 3:00 P.M.
0. Tires.
No person shall use or permit to be used, tires for the ignition
of fires to burn agricultural wastes.
K. Fire Prevention
Nothing in these rules is intended to permit agricultural burning
or burning of agricultural wastes on days when such burning is
prohibited by public fire protection agencies for purposes of fire
control or prevention. '
L. Igniting Devices
All agricultural burning and burning of agricultural wastes should
be ignited by approved ignition devices and should be ignited
as rapidly as practicable with applicable fire control restrictions.
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M. Wind Direction
Forest management burning, range Improvement burning and the
burning of wood wastes from property being developed for commer-
cial or residential purposes shall be limited to days on which
the wind direction is away from a populated area, unless a variance
is obtained from the district air pollution control officer. All
of this burning shall be done as rapidly as practicable within
applicable fire control restrictions.
N. Range Improvement
Range improvement burning must comply with Items (A) through (L)
of this Section. If the burn is to be done primarily for improve-
ment of land for wildlife and game habitat, It is required that a
statement from the Department of F1sh and Game certifying that the
burn is desirable and proper, be filed with the district.
0. Forest Management
Forest managment burning must comply with Items (A) through (L)
of this Section and, in addition, the waste to be burned must be
windrowed or piled where feasible unless good silviculture! prac-
tices dictate otherwise.
P. Uood Waste from Land Clearing
The burning of wood waste from property being developed for commer-
cial or residential purposes shall be burned on the property where
grown, shall be free of material that was not grown on the property,
and shall comply with Items j(A) through (L) of this Section. In
addition, there must be on file with the district a statement from
the governing body of the district that it has made the finding
that it is more desirable to the public health to burn the wastes
than to dispose of the wastes by other means. Under no circumstances
will this type of burning be allowed on a "no-burn day".
The provisions that provide for the burning of wood wastes from
property being developed for commercial or residential purposes
expire January 1, 1977.
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(2.0) Section 4 Exceptions
A. The Air Pollution Control Officer may by permit, authorize agricul-
tural burning on days designated by the California Air Resources
Board as "no-burn day's", if:it is determined that the denial of
such permit would threaten imminent and substantial economic
loss. This does not apply to the burning of wood wastes from
property being developed for: commercial or residential purposes.
B. The burning of agricultural waste 1s exempt from the provisions of
Section 2. PERMITS, Item A., if the burning 1s performed with L.P.B.,
or natural gas-fired burners designed and used to kill seedling
grass and weeds in orchards and field crops and the growth is
such that combustion will not continue without the burner.
C. Agricultural wastes which are located and produced above 3,000 feet
mean sea level are exempt from these Rules and Regulations.
D. Agricultural wastes which are located and produced above 6,000 feet
mean sea level are exempt from these Poiles and Regulations.
E. It is permissible to bum empty sacks, bags or cartons which contained
fertilizer, pesticides or other toxic materials on a "no-burn day"
providing the sacks, bags or cartons are within the definition of
open outdoor fires used in Agricultural operations in the growing of
crops or raising of fowl , animals or bees.
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(15.0) Section 5. ENFORCEMENT
ij
The Air Pollution Control Officer, the Deputy Air Pollution Control j1
Officer, and their respective assistants and the fire protection agencies j
designated by the California Air Resources Board are empowered to enforce ;
this ordinance. The control officers will serve to ensure that these i
Rules and Regulations are complied with and shall enforce State and local :
regulations regarding air pollution control. ;
(15.0) Section 6. PENALTIES !
A violation of the provisions of these Rules and Regulations is a viola- ;
tion of Section 39299 of the California Health and Safety Code and is ;
a misdemeanor punishable by Imprisonment in the County jail not exceeding ;
six months, or by a fine not exceeding $500.00 or both and the cost of
putting out the fire. Every day'during any portion of which such violation
occurs constitutes a separate offense.
Arrest. Notice to Appear . |
A. The Air Pollution Control Officer 1s hereby authorized pursuant to
Penal Code Section 836.5 to; without a warrant* arrest a person
whenever he has reasonable Łause 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. Any case in which a person 1s arrested pursuant to Subdivison A., of
this rule, and the person arrested does not demand to be taken
before a magistrate, the A1f Pollution Control Officer making the
arrest shall prepare in duplicate, 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 Sec.
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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