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.
                                             -1-

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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.)
                  -2-

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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.
                                              -3-

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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.
                         -4-

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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.
                                              -5-

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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.
                                              -6-

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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.
                                             -7-

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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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