U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-296 662
Air Pollution Regulations in State
Implementation Plans: California,
Del Norte, County
Abcor, Inc, Wilmington, MA Wolden Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NC Control
Programs Development Div
Aug 78
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United States
Environmental Protection
Agency
Office of Air Quality t EPA*60/3,?8-054-S
Planning and Standards August 1978
Research Triangle Park NC 27711
Air
Air Pollution Regulations
in State Implementation
Plans:
California
REPRODUCED BY
NATIONAL TECHNICAL !
INFORMATION SERVICE '
U. S. DEPARTMENT OF COMMERCE ]
SPRINGFIELD, VA. 22161 i
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TECHNICAL REPORT DATA
(Please read l*stmcrions on the rtvent btfort completing)
1. REPORT NO.
EPA-450/3-78-054-5
2.
4. TITLE AND SUBJITLE
Air Pollution Regulations in State Implementation i
Plans: California Del Norte County
[3. RECIPIENT'S ACCESSI
B. REPORT DATE
August 1978
6. PERFORMING ORGANIZATION CODE
7. AUTHOR(S)
8. PERFORMING ORGANIZATION REPORT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Walden Division of Abcor, Inc.
Wilmington, Mass.
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT NO.
68-02-2890
12. SPONSORING AGENCY NAME AND ADDRESS
13. TVPE OF REPORT AND PERIOD COVERED
Control Programs Development Division
Office of Air Quality Planning and Standards
Office of Air, Noise, and Radiation
Research Triangle Park, NC 27711
14. SPONSORING AGENCY CODE
15. SUPPLEMENTARY NOTES
EPA Project Officer: Bob Schell, Control Programs Development Division
16. ABSTRACT
This document has been produced in compliance with Section 110(h)(l).of the Clean Air
Act amendments of 1977. The Federally enforceable regulations contained in the State
Implementation Plans (SIPs) have been compiled for all 56 States and territories
(with the exception of the Northern Mariana Islands). They consist of both the
Federally approved State and/or local air quality regulations as Indicated in the
Federal Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of the above
categories as of January 1, 19/8, have been incorporated. As mandated by Congress,
this document will be updated annually. State and/or local air Quality regulations
which have not been Federally approved as of January 1, 1978, are not included here;
omission of these regulations from this document in no way affects the ability of
the respective Federal, State, or local agencies to enforce such regulations.
7.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
b. IDENTIFIERS/OPEN ENDED TERMS C. COSATI Field/Group
Air pollution
Federal Regulations
Pollution
State Implementation Plans
8. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
19. SECURITY CLASS (This Report/
Unclassified
21.
20. SECURITY CLASS (This page/
Unclassified
22. PRICE
(\Ql
EPA Form 2220-1 (9-73)
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EpA 450/3-78-054-f
Air Pollution Regulations
in State Implementation Plans:
California
Del Norte 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-450/3-78-054-5
ii
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INTRODUCTION
This document has been produced 1n 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 1n no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.
There have been recent changes in the Federal enforceability of
parking management regulations and Indirect source regulations. The
October, 1977, appropriation bill for EPA prohibited Federal enforcement
of parking management regulations 1n the absence of specific Federal
authorizing legislation. Federally promulgated parking management
regulations have, therefore, been suspended Indefinitely. Pursuant to
the 1977 Clean Air Act Amendments, Indirect source regulations may not
be required for the approval of a given SIP. Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted indirect source regulations contained in an applicable SIP
are Federally enforceable. More importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded, operated, or owned facilities or projects. Therefore, the
Federally promulgated indirect source regulations appearing in this
document are not enforceable by EPA except as they relate to Federal
facilities.
Since State air quality regulations vary widely in their organization,
content, and language, a standardized subject Index is utilized in this
document. Index listings consist of both contaminant and activity oriented
categories to facilitate usage. For example, for regulations which apply
to copper smelters, one might look under sulfur compounds (50.2), particu-
late matter process weight (50.1.1), or copper smelters (51.15). Federal
regulations pertaining to a given State immediately follow the approved
State and local regulations.
Additionally, a summary sheet of the Information Included in each
comprehensive document is presented prior to the regulatory text to
allow one to quickly assess the contents of the document. Specifically,
the summary sheets contain the date of submittal to EPA of each revision
111
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to the SIP and the date of the Federal Register 1n which the revision
was either approved or disapproved by EP"AVFinally, a brief description
or reference of the regulation which was submitted 1s also included.
This document is not intended to provide a tool for determining
the enforceability of any given regulation. As stated above, it is
intended to provide a comprehensive compilation of those regulations
which are incorporated directly or by reference into Title 40, Part 52,
of the Code of Federal Regulations. Consequently, the exclusion of a
Federally approved regulation from this document does not diminish the
enforceability of the regulation. Similarly, the inclusion of a given
regulation (for example, regulations governing pollutants, such as odors,
for which there is no national ambient air quality standards) in this
document does not, in itself, render the regulation enforceable.
1v
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SUMMARY SHEET
0_F
EPA - APPROVED REGULATION CHANGES
DEL NORTE COUNTY. CALIFORNIA
Submittal Date Approval Date Description
2/21/72 5/31/72 All Regs approved
unless noted other-
wise
6/30/72 9/22/72 No changes
(No submittal)
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DOCUMENTATION OF CURRENT EPA-APPROVED
STATE AIR POLLUTION REGULATIONS
REVISED STANDARD SUBJECT INDEX
1.0 DEFINITIONS
2.0 GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES
3.0 REGISTRATION CERTIFICATES. OPERATING PERMITS AND APPLICATIONS
4.0 AIR QUALITY STANDARDS (PRIMARY AND SECONDARY)
4.1 PARTICULATES
4.2 SULFUR DIOXIDE
4.3 NITRIC OXIDES
4.4 HYDROCARBONS
4.5 CARBON MONOXIDE
4.6 OXIDANTS
4.7 OTHERS
5.0 VARIANCES
6.0 COMPLIANCE SCHEDULES
7.0 EQUIPMENT MALFUNCTION AND MAINTENANCE
8.0 EMERGENCY EPISODES
9.0 AIR QUALITY SURVEILLANCE AND SOURCE TESTING
10.0 NEW SOURCE PERFORMANCE STANDARDS
11.0 NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS
12.0 MOTOR VEHICLE EMISSIONS AND CONTROLS
13.0 RECORD KEEPING AND REPORTING
14.0 PUBLIC AVAILABILITY OF DATA
15.0 LEGAL AUTHORITY AND ENFORCEMENT
16.0 HEARINGS, COMPLAINTS, AND INVESTIGATIONS
17.0 PREVENTION OF SIGNIFICANT DETERIORATION
18.0 AIR QUALITY MAINTENANCE AREA
19.0 - 49.0
RESERVED FOR FUTURE EXPANSION OF COMMON INDEX
50.0 POLLUTANT - SPECIFIC REGULATIONS
50.1 PARTICULATES
50.1.1 PROCESS WEIGHT
50.1.2 VISIBLE EMISSIONS
50.1.3 GENERAL
v1
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50.2 SULFUR COMPOUNDS
50.3 NITRIC OXIDES
50.4 HYDROCARBONS
50.5 CARBON MONOXIDE
50.6 ODOROUS POLLUTANTS
50.7 OTHERS (Pb, Hg, etc.)
51.0 SOURCE CATEGORY SPECIFIC REGULATIONS
51.1 AGRICULTURAL PROCESSES (Includes Grain Handling, Orchard Heaters.
Rice and Soybean Facilities, Related Topics)
51.2 COAL OPERATIONS (Includes Cleaning, Preparation, Coal Refuse
Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
51.3 CONSTRUCTION (Includes Cement Plants, Materials Handling, Topics
Related to Construction Industry)
51.4 FERROUS FOUNDRIES (Includes Blast Furnaces, Related Topics)
51.5 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Participates
(Includes Fuel Content and Other Related Topics)
51.6 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (includes
Fuel Content and Other Related Topics)
51.7 FUEL BURNING EQUIPMENT (oil, natural gas, coal) - N02 (Includes
Fuel Content and Other Related Topics)
51.8 HOT MIX ASPHALT PLANTS
51.9 INCINERATION
51.10 NITRIC ACID PLANTS
51.11 NON-FERROUS SMELTERS (Zn, Cu, etc.) - Sulfur Dioxide
51.12 NUCLEAR ENERGY FACILITIES (Includes Related Topic)
51.13 OPEN BURNING (Includes Forest Management, Forest Fire, F1re
Fighting Practice, Agricultural Burning and Related Topics)
51.14 PAPER PULP; WOOD PULP AND KRAFT MILLS (Includes Related Topics)
51.15 PETROLEUM REFINERIES
51.16 PETROLEUM STORAGE (Includes Loading, Unloading, Handling and
Related Topics)
51.17 SECONDARY METAL OPERATIONS (Includes Aluminum, Steel and Related
Topics)
51.18 SULFURIC ACID PLANTS
51.19 SULFURIC RECOVERY OPERATIONS
51.20 WOOD WASTE BURNERS
51.21 MISCELLANEOUS TOPICS
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TABLE OF CONTENTS
Revised Standard
Subject Index
(2.0)
(2.0)
(1,0)
(3.0)
(3.0)
(3.0)
(3.0) (16.0)
(2.0)
(50.1.2)
(50.1)
(50.2)
(51.13)
(51.1)
(7.0)
(2.0)
(15.0)
(15.0)
DEL NORTE COUNTY
Reg-
Rule Number
Reg I-Rule 10
11
12
20
21
22
23
24
Reg IV
Rule 40
41
42
43
44
45
46
Reg V
Rule 50
51
REGULATIONS
Title
Purpose
Authorization
Definitions
Permit Requirements
Permit Standards
Action on
Applications
Appeals
Exclusions
Visual Emissions
Parti cul ate Matter
Sulfur Oxide
Emissions
Open Fires
Orchard Heaters
Report of Breakdown
Circumvention
Penalties for
Violations
Civil Penalties
Page
Number
1
1
3
5
6
6
7
8
8
9
10
10
11
11
11
12
12
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Revised Standard Reg Page
Subject Index Rule Number Title Number
(5.0) Reg VI Variances & Hearing 15
Board Procedure
(8.0) Reg VI1 Episode Procedures 15
1x
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RULES AND REGULATIONS
DEL NORTE COUNTY AIR POLLUTION CONTROL DISTRICT
Adopted September 27, 1971
REGULATION I - GENERAL PROVISIONS
(2.0) RULE 10 PURPOSE
These rules and regulations are set forth to achieve and
maintain such levels of air quality as will protect human
health and safety; prevent Injury to plant and animal life
and property; and to preserve and Improve the comfort, con-
venience and enjoyment of the natural attractions of the
California North Coast A1r Basin.
(2.0) RULE 11 AUTHORIZATION
These rules and regulations are enacted pursuant to the pro-
visions of Chapter 2, Division 20 of the Health and Safety
Code of the State of California and will be known as the
Rules and Regulations of the Del Norte County A1r Pollution
Control District.
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TABLE I
AMBIENT AIR QUALITY STANDARDS
Air Contaminant
Sulfur Dioxide
Parti oil ate Matter
Carbon Monoxide
Oxidant
Nitrogen Dioxide
Hydrocarbons
Visibility reduc-
ing particles
Lead ( parti cul ate)
Hydrogen Sulfide
National Standard .
0.5 ppm (3 hr. ave.)
0.10 ppm (24 hr. ave.J
0.02 ppm ^(annual ave.)
150 micrograms per cubic meter
(24 hr. ave.)
60 micrograms per cubic meter
(annual geometric mean)
35 ppm (1 hr. ave.)
9 ppm (8 hr. ave.)
0.08 ppm (1 hr. ave.)
0.05 ppm (annual mean)
0.24 ppm (3 hr. ave.)
--
—
California State
0.5 ppm (1 hr. ave.)
0.4 ppm (24 hr. ave.)
100 micrograms per
cubic meter (24 hr.
ave.)
60 micrograms per
cubic meter (annual
geometric mean)
40 ppm (1 hr. ave.)
10 ppm (12 hr. ave.)
0.10 ppm (1 hr. ave.)
0.25 (1 hr. ave.)
—
Sufficient to reduce
prevailing visibility
to 10 miles at rela-
tive humidity less
than 70%
1.5 micrograms per
cubic meter (30 day
ave.)
0.03 ppm (1 hr. ave.)
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(1.0) RULE 12 DEFINITIONS
Except as otherwise specifically provided in these Rules and
Regulations, and except where the context indicates other-
wise, words used in these Rules and Regulations are used in
exactly the same sense as the same words are used in the
Health and Safety Code of the State of California.
(a) AGRICULTURAL OPERATIONS; The growing and harvesting of
crops including timber or the raising of fowls, animals
or bees as a gainful occupation.
(b) AIR CONTAMINANT; Includes smoke, dust, charred paper,
soot, grime, carbon, noxious acids, fumes, gases, odors,
or particulate matter, or any combination thereof.
(c) ALTERATION: Any addition to or enlargement or replace-
ment of, or any major modification or change of the
design, capacity, process or arrangement, or any increase
in the connected loading of, equipment or control
apparatus which will significantly Increase or effect
the kind or amount of air contaminant emitted.
(d) ATMOSPHERE; The air that envelopes or surrounds the
earth.
(e) BOARD: The A1r Pollution Control Board of any county,
unified or regional air pollution control district.
(f) COMBUSTIBLE OR FLAMMABLE SOLID WASTE; Any garbage,
rubbish, trash, rags, paper, boxes, crates, excelsior,
ashes, offal, carcass of a dead animal, or any other
combustible or flammable refuse matter which is in
solid form.
(g) COMBUSTION CONTAMINANTS; Matter discharged into the
atmosphere from the burning of any kind of material,
excluding carbon dioxide and water.
(h) CONDENSED FUMES; Particulate matter generated by the
condensation of vapors evolved after volatilization from
the molten or liquid state, or may be generated by
sublimation, distillation, calcination or chemical
reaction, when these processes create airborn particles.
(i) CONTROL OFFICER; The Air Pollution Control Officer of
any county or regional air pollution control district.
(j) DUST: Minute solid particles released into the air by
natural forces or by mechanical processes such as
crushing, grinding, milling, drilling, demolishing,
shoveling, conveying, covering, bagging, sweeping, etc.
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(k) EMISSION; The act of passing Into the atmosphere an air
contaminant or gas stream which contains an air contami-
nant, or the air contaminant so passed Into the atmos-
phere.
(1) EMISSION POINT; The place, located in a horizontal
plane and vertical elevation at which an emission enters
the atmosphere.
(m) HEARING BOARD; The appellate review board of any county
or regional air pollution control district as provided
for in the Health and Safety Code of the State of
California.
(n) INSTALLATION; The placement, assemblage or construc-
tion of equipment or control apparatus at the premises
where the equipment or control apparatus will be used,
and includes all preparatory work at such premises.
(o) OPEN OUTDOOR FIRE; Any combustion of solid or liquid
waste outdoors in the open, not in any enclosure, where
the products of combustion are not directed through a
flue.
(p) OPERATION; Any physical action resulting in a change in
the location, form or physical properties of a material,
or any chemical action resulting 1n a change in the
chemical composition or the chemical or physical prop-
erties of a material.
(q) ORCHARD, VINEYARD, OR CITRUS GROVE 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.
(r) OWNER: Includes but is not limited to any person who
leases, supervises or operates equipment, in addition
to the normal meaning of ownership.
(s) PARTICIPATE MATTER; Discrete atmospheric particles of
liquid other than uncomblned water, or sol Ids, as dis-
tinguished from a gas or vapor.
(t) PERSON OR PERSONS; An Individual, public or private
corporation, political subdivision, agency, board,
department or bureau of the state, municipality, part-
nership, 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.
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(u) PPM; Parts per million by volume (v/v) expressed on a
dry gas basis.
(v) PROCESS WEIGHT PER HOUR: The total weight, including
contained moisture,of all materials introduced into
any specific process which process may cause any dis-
charge into the atmosphere. Solid fuel charged will
be considered as part of the process weight, but liquid
and gaseous fuels and combustion air will not. The
"process weight per hour" will be derived by dividing
the total process weight by the number of hours in one
complete operation from the beginning of any given
process to the completion thereof, excluding any time
during which the equipment is idle.
(w) SECTION: Refers to a section of the Health and Safety
Code of the State of California unless some other
Statute is specifically mentioned.
(x) STANDARD CONDITIONS; As used 1n 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.
(y) STANDARD CUBIC FOOT OF GAS: The amount of gas that
would occupy a volume of one (1) cubic foot, if free
of combined water, at standard conditions.
All permit requirements and procedures covered in detail by
this regulation shall be in accordance with those specified
in the California Health and Safety Code.
(3.0) RULE 20 PERMIT REQUIREMENTS
(a) REGISTRATION; These regulations do not constitute an
automatic permit for the Installation or operation of
any equipment in existence upon the effective date of
these regulations. Upon request of the Control Officer,
any source of emission, actual or potential, shall
register with the District. Any owner, operator or user
of any equipment in use at the time of adoption of these
regulations and subject to these regulations who is
required to register shall be allowed thirty (30) days
to register to obtain a permit to operate and to furnish
the Control Officer with Information required.
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(b) AUTHORITY TO CONSTRUCT OR MODIFY: Permits shall be re-
quired to construct, erect, alter, replace, sell or
rent any equipment which may cause, potentially cause,
reduce, control or eliminate the issuance of air con-
taminants. Written Authority to Construct, Alter,
Replace, Sell or Rent shall be obtained from the Control
Officer prior to starting construction, erection, al-
teration, sale or rental. A single permit may be
issued for all components of an integrated system or
process. Plans and specifications, drawn in accordance
with acceptable engineering practices, may be required
as a prerequisite to permit issuance. The Authority to
Construct shall remain 1n effect for one (1) year or
until a Permit for Operation is issued, whichever occurs
first. If the Authority to Construct expires prior to
Issuance of a Permit to Operate, the authorization may
be extended one year at the request of permittee. A
renewal fee may be assessed. Construction not in
accordance with this permit shall be sufficient reason
to deny a Permit to Operate.
(3.0) RULE 21 PERMIT STANDARDS
No Authority to Construct shall be granted unless the appli-
cant shows to the satisfaction of the Control Officer that:
(a) The new construction or modification will operate within
all applicable rules and regulations pertaining to
release of air contaminants.
(b) The new construction or modification will not endanger
maintenance or attainment of any applicable ambient
air quality standard.
(c) Adequate provisions are made for sampling facilities
and emission monitoring equipment as specified by the
Control Officer.
(3.0) RULE 22 ACTION ON APPLICATIONS
The Control Officer shall act promptly on an application for
Authority to Construct, Alter, Replace, Sell or Rent, or
Permit to Operate, and shall notify the applicant in writing
by mail or in person of the action taken; namely approval,
conditional approval, or denial. Notice of action taken
shall be deemed to have been given when the written notifi-
cation has been deposited in the mail, postpaid, addressed
to the address shown on the application, or when personally
delivered to the applicant or his representative.
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(a) APPROVAL: A permit, conditional permit or notice of
approval to construct, alter, replace, sell, rent or
operate does not relieve the owner or operator of the
responsibility of complying with the emission standards
and regulations of this District, the Air Resource Board
and the Health and Safety Code.
(b) CONDITIONAL APPROVAL; The Control Officer may issue
an Authority to Construct or Permit to Operate or Use,
subject to conditions which will bring the operation of
any equipment within the applicable standards set
forth in these regulations, in which case the conditions
shall be specified in writing. Commencing work under
such an Authority to Construct or operation under
such a Permit to Operate shall be deemed acceptance of
all the conditions so specified. The Control Officer
may issue an Authority to Construct or Permit to Operate
with revised conditions upon receipt of a new application,
if the applicant demonstrates that the equipment can
operate within the standards of these regulations under
the revised conditions.
(c) DENIAL OF APPLICATIONS; In the event of denial of an
Authority to Construct, Permit to Operate or Permit to
Sell or Rent, the Air Pollution Control Officer shall
notify the applicant in writing of the reasons therefor.
Service of this notification may be made in person or
by mail, addressed to the applicant at the address set
forth on the application, and such service may be
proved by the written acknowledgement of the persons
served or affidavit of the person making the service. The
A1r Pollution Control Officer shall not accept a further
application unless the applicant has complied with
the objections specified by the Air Pollution Control
Officer as his reasons for denial of the Authority to
Construct, the Permit to Operate or the Permit to Sell
or Rent.
(3.0) RULE 23 APPEALS
(16.0)
Within ten (10) days after notice by the Air Pollution
Control Officer of denial or conditional approval of an
Authority to Construct Permit to Operate or use of Permit
to Sell or Rent, the applicant may petition the Hearing
Board, in writing, for a public hearing. The Hearing Board,
after notice and a public hearing held within thirty (30) days
after filing the petition, may sustain, reverse or modify
the action of the Air Pollution Control Officer; such order
may be made subject to specified conditions.
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(2.0) RULE 24 EXCLUSIONS
An Authority to Construct and Permit to Operate shall be re-
quired for all new or modified plants, equipment or operations
which may emit air contaminants with the following excep-
tions:
(a) Any vehicle as defined in the Vehicle Code.
(b) Any structure designed for and used exclusively as a
dwelling for not more than two (2) families.
(c) An incinerator used exclusively in connection with such
a dwelling structure or any incinerator designed, con-
structed and operated in accordance with the standards
of the Air Pollution Control District.
(d) Barbecue equipment which is not used for commercial
purposes.
(e) Orchard, vineyard or citrus grove heaters.
REGULATION IV - PROHIBITIONS
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; .including, but not
limited to the following restrictions:
(50.1.2) RULE 40 VISUAL EMISSIONS
A person shall not discharge Into the atmosphere from any
single source of emission whatsoever any air contaminant
for a period or periods aggregating more than three (3)
minutes in any one (1) hour which is:
(a) As dark or darker in shade as that designated as Number
2 on the Ringelmann Chart, as published by the United
States Bureau of Mines, or
(b) Of such opacity as to obscure an observer's view to a
degree equal to or greater than does smoke described
in subsection (a) of this rule.
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(50.1) RULE 41
(c) This rule shall not apply when the presence of uncom-
bined water is the only reason for the failure of the
emission to meet the requirements of this rule.
PARTICULATE MATTER
(a) A person shall not discharge combustion contaminants
into the atmosphere from any emission point in excess of
0.2 grain per standard cubic foot of exhaust gas, ad-
justed to 50 percent excess air or calculated to 12
percent carbon dioxide.
(b) A person shall not discharge in any one hour from any
source whatsoever dust, condensed fumes, or other
particulate matter at a concentration in excess of 0.2
grain per standard cubic foot of exhaust gas or in
total quantities in excess of the amount shown in
Table II, whichever is the more restrictive condition.
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
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
Rate of
Emission
Lb/Hr
,0.551
0.877
1.40
1.83
2.22
2.58
3.38
4.10
4.76
5.38
5.96
6.52
7.58
Process Weight
Rate
Lb/Hr
6,000
7,000
8,000
9,000
10,000
12,000
16,000
18,000
20,000
30,000
40,000
50,000
60,000 or
more
Tons/Hr
3.00
3.50
4.00
4.50
5.00
6.00
8.00
9.00
10.
15.
20.
25.
30.
Rate of
Emission
Lb/Hr
8.56
9.49
10.4
11.2
12.0
13.6
16.5
17.9
19.2
25.2
30.5
35.4
40.0
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Where the process weight per hour is between two listed
figures* such process weight and maximum allowable partic-
ulate emission per hour shall be interpolated accordingly.
The total process weight of all similar process operations
located at a single plant or of multiple plants located on
a single premise shall be used for determining the maximum
allowable particulate emission from the combination of such
operations.
(50.2) RULE 42 SULFUR OXIDE EMISSIONS
A person shall not discharge into the atmosphere from any
single source of emissions whatsoever sulfur oxides, calcu-
lated as sulfur dioxide (S02) in excess of 1000 ppm.
(51.13) RULE 43 OPEN FIRES
No person shall use open fires for the purpose of disposal
of petroleum wastes, demolition debris, tires, trees, wood
waste or other combustible or flammable solid or liquid
waste; or for metal salvage or burning of automobile or other
vehicle bodies. Nothing in this rule shall be construed as
prohibiting:
(a) Fires for the disposal of combustible or flammable solid
waste of a single or two-family dwelling on its prem-
ises, or
(b) Fires used only for the cooking of food for human beings
or for recreational purposes, or
(c) Agricultural burning authorized pursuant to these rules
and regulations, the California Health and Safety Code,
and the control guidelines of the California Air
Resources Board, or
(d) Fires used for right-of-way clearing by a public entity
or utility or for levee and ditch maintenance, or
(e) Fires authorized by any public officer 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.
(2) The instruction of public employees in the methods
of fighting fire.
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(3) Set pursuant to permit on property used for Indus-
trial purposes for the purpose of instruction of
employees in methods of fighting fire.
(51.1) RULE 44 ORCHARD HEATERS
(a) No new orchard, vineyard or citrus heater produced or
manufactured shall be sold for use against frost damage
unless it has been approved by the California Air
Resources Board or does not produce more than one gram
per minute of unconsumed solid carbonaceous material.
(b) The continued use of orchard heaters that will not comply
with these regulations will be permitted until January
1, 1975 if provisions of these regulations would preclude
the use of such heaters and be a serious economic hard-
ship to the owners or operators of the heaters or the
practical elimination of agricultural operations now
being carried out within the District (H and S 24265.5).
After 1 January 1975 all orchard heaters shall be of a
type whiqh produces unconsumed solid carbonaceous matter
at a rate of not more than one (1) gram per minute.
(7.0) RULE 45 REPORT OF BREAKDOWN
Emissions exceeding any of the limits established by Regula-
tion IV as a direct result of unavoidable upset conditions
or unforeseeable breakdown of equipment or control apparatus
shall not be deemed in violation provided the following
requirements are met:
(a) The upset or breakdown is immediately reported to the
air pollution control district.
(b) The person responsible shall, upon the request of the
Control Officer, submit a full report, Including the
known causes and the preventive measures to be taken to
minimize or eliminate a reoccurence.
(c) The Control Officer upon investigation concurs that the
upset or breakdown was unavoidable or unforeseeable.
(2.0) RULE 46 CIRCUMVENTION
A person shall not build, erect, install, or use any article,
machine, equipment or other contrivance, the use of which,
without resulting in a reduction in the total release of air
contaminants to the atmosphere, reduces or conceals an emis-
sion which would otherwise constitute a violation of these
Rules and Regulations or any provisions of the California
Health and Safety Code.
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REGULATION V - VIOLATIONS AND PENALTIES
(15.0) RULE 50 PENALTIES FOR VIOLATIONS
Penalty actions for non-compliance wUh, or violation of, any
rule of these rules and regulations will be instituted pur-
suant to the following provisions and further pursuant to the
provisions of Chapter 2, Division 20 of the Health and Safety
Code of the State of California.
(a) Every person guilty of a misdemeanor who knowingly makes
any false statement in any application for a permit or
in any information, analyses, plans or specifications
submitted either in conjunction therewith, or at the
request of the Air Pollution Control Officer. (Section
24277).
(b) Every person is guilty of a misdemeanor who builds,
erects, alters, replaces, uses, or operates any source
capable of emitting air contaminants for which a permit
is required by the regulations of the Air Pollution Con-
trol District when his permit so to do has been either
suspended or revoked. (Section 24278).
(c) Every person required by the regulations of the Air Pol-
lution Control Board to obtain a permit to do so, who,
without first obtaining such permit, builds, erects,
alters, replaces, uses, or operates any source capable
of emitting air contaminants, is guilty of a misdemeanor.
(Section 24279).
(d) Every person is guilty of a misdemeanor who builds,
erects, alters, or replaces, operates or uses any such
article, machine, equipment, or other contrivance con-
trary to the provisions of any permits issued under
these rules and regulations. (Section 24280).
(e) Every person violating any order, rule, or regulation of
an Air Pollution Control District is guilty of a misde-
meanor. Every day during any portion of which such a
violation occurs is a separate offense. (Section 24281).
(15.0) RULE 51 CIVIL PENALTIES
(a) Pursuant to Section 24252 of the Health and Safey Code
of the State of California, any violation of any order,
rule or regulation of the/Air Pollution Control Board
may be enjoined in a civ/il action brought in the name of
the people of the State of California.
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(b) Section 39260 Health and Safety Code. Violation of
abatement order; civil penalty.
Any person who Intentionally or negligently violates any
order of abatement Issued by any type of air pollution
control district pursuant to Section 24260.5, or by the
State Air Resources Board pursuant to this part, shall
be liable for a civil penalty not to exceed six thousand
dollars ($6,000) for each day in which such violation
occurs.
An order of abatement may be Issued under the fol-
owing circumstances:
Section 24260.5 Health and Safety Code. Authority
to issue order for abatement; grounds; hearing.
The air pollution control board may, after notice and
a hearing issue, or provide for the issuance by the
hearing board, after notice and a hearing of, an
order for abatement whenever the district finds that
any person 1s in violation of Section 24242 or 24243
or any rule or regulation prohibiting or limiting
the discharge of air contaminants Into the air. The
air pollution control board in holding hearings on
the issuance of orders for abatement shall have all
powers and duties conferred upon it by this chapter.
The hearing board in holding hearings on the issuance
of orders for abatement shall have all powers and
duties conferred upon it by this chapter.
(c) Section 39261 Health and Safety Code. Violation of Sec-
tion 24242, 24243, or any rule or regulation; civil pen-
alty.
Any person who intentionally or negligently violates
Section 24242, 24243, or any rule or regulation of a
county air pollution control district or the State Air
Resources Board issued pursuant to this part, prohibiting
or limiting the discharge of air contaminants into the
air, shall be liable for a civil penalty not to exceed
five hundred dollars ($500) for each day in which such
violation occurs.
Such violations follow:
Section 24242 Health and Safety Code. Discharge of
air contaminant; prohibition.
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A person shall not discharge into the atmosphere from
any single source of emission whatsoever any air con-
taminant for a period or periods aggregating more
than three minutes in any one hour which is:
(a) As dark or darker in shade as that designated as
No. 2 on the Ringelmann Chart, as published by
the United States Bureau of Mines, or
(b) Of such opacity as to obscure an observer's view
to a degree equal to or greater than does smoke
described in subsection (a) of this section.
Section 24243 Health and Safety Code. Discharge of
injurious or annoying material; prohibition.
A person shall not discharge from any source whatso-
ever 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.
(d) Section 39262 Health and Safety Code. Action for
civil penalties.
The civil penalties prescribed by Sections 39260 and
39261 shall be assessed and recovered in a civil
action brought in the name of the people of the State
of California by the Attorney General, by any dis-
trict attorney, or by the attorney of any type of
air pollution control district in which the violation
occurs in any court of competent jurisdiction. In
determining such amount, the court shall take into
consideration all relevant circumstances, including
but not limited to, the extent of harm caused by the
violation, the nature and persistence of the viola-
tion, the length of time over which the violation
occurs, and corrective action, if any, taken by the
defendant.
An action brought pursuant to this section to recover
such civil penalties shall take special precedence
over all civil matters on the calendar of the court
except those matters to which equal precedence on the
calendar is granted by law.
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REGULATION VI
(5.0) VARIANCES & HEARING BOARD PROCEDURES
All variance and hearing board procedures shall be Instituted and applied
exactly 1n accordance with the applicable provisions as outlined in the
California Health and Safety Code pursuant to the authority granted to
county, unified and regional air pollution control districts.
REGULATION VII
(8.0) EPISODE PROCEDURES
This regulation 1s designed to prevent the excessive buildup of air con-
taminants during air pollution episodes and to avoid any possibility of
a catastrophe caused by toxic concentrations of air contaminants. Past
history indicates that the possibility of such a catastrophe 1s extremely
remote.
The Air Pollution Control Board deems 1t desirable to have ready an ade-
quate plan to prevent such an occurrence, and in case of the happening of
this unforeseen event, to provide for adequate actions to protect the
health of the citizens in the Air Pollution Control District.
In the event of atmospheric conditions causing a dangerous or potentially
hazardous concentration of air contaminants, the Air Pollution Control
Officer shall take immediate action in curtailing those emissions known
to be contributing to a possible catastrophic air pollution situation.
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