U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-296 663
Air Pollution Regulations in State
Implementation Plans: California,
El Dorado, 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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&EFA
PB 296663
United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
EPA-450/3-78-054-6
August 1978
Air
Air Pollution Regulations
in State Implementation
Plans:
California
El Dorado County
REPRODUCED BY !
NATIONAL TECHNICAL '
INFORMATION SERVICE
U. S. DEPARTMENT OF COMMERCE I
SPRINGFIELD. VA. 22161
i L
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TECHNICAL REPORT DATA
(Please read Inunctions on the reverse before completing)
1. REPORT NO. |2.
EPA-450/3-78- 054-6 |
4. TITLE AND SUBTITLE
Air Pollution Regulations in State Implementation i
•Plans: California El Dorado 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 Standards
Office of Air, Noise, and Radiation
Research Triangle Park, NC 27711
3. RECIPIENT'S ACCESSION NO. _ ~
6. REPORT DATE (
August 1978
6. PERFORMING ORGANIZATION CODE
8. PERFORMING ORGANIZATION REPORT NO.
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT NO.
68-02-2890
13. TYPE OF REPORT AND PERIOD COVERED 1
14. SPONSORING AGENCY CODE j,
j
15. SUPPLEMENTARY NOTES p
EPA Project Officer: Bob Schell, Control Programs Development Division |
16. ABSTRACT
This document has been produced in compliance with Section 110(h)(l) of the Clean Air
Act amendments of 1977. The Federally enforceable regulations contained in the State
Implementation Plans (SIPs) have been compiled for all 56 States and territories
(with the exception of the Northern Mariana Islands). They consist of both the
Federally approved State and/or local air quality regulations as indicated in the
Federal Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of the above
categories as of January 1,1978, have been incorporated. As mandated by Congress,
this document will be updated annually. State and/or local air Quality regulations
which have not been Federally approved as of January 1, 1978, are not included here;
omission of these regulations from this document in no way affects the ability of
the respective Federal, State, or local agencies to enforce such regulations.
7.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
Air pollution
Federal Regulations
Pollution
State Implementation Plans
8. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
b.lDENTIFIERS/OPEN ENDED TERMS C. COS AT I Field/Group
19. SECURITY CLASS (This Report/
Unclassified
20. SECURITY CLASS (This page)
JJnclassified
21.
EPA Form 2220-1 (9-73)
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EPA-450/3-78-054-6
Air Pollution Regulations
in State Implementation Plans:
California
El Dorado
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-450/3-78-054-6
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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 enforceabi11ty of
parking management regulations and indirect source regulations. The
October, 1977, appropriation bill for EPA prohibited Federal enforcement
of parking^management regulations in the absence of specific Federal
authorizing legislation. Federally promulgated parking management
regulations have, therefore, been suspended indefinitely. Pursuant to
the 1977 Clean Air Act Amendments, indirect source regulations may not
be required for the approval of a given SIP. Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted indirect source regulations contained in an applicable SIP
are Federally enforceable. More importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded, operated, or owned facilities or projects. Therefore, the
Federally promulgated indirect source regulations appearing in this
document are not enforceable by EPA except as they relate to Federal
facilities.
Since State air quality regulations vary widely in their organization,
content, and language, a standardized subject index is utilized in this
document. Index listings consist of both contaminant and activity oriented
categories to facilitate usage. For example, for regulations which apply
to copper smelters, one might look under sulfur compounds (50.2), partial-
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
ill
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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 provfde 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
OF
ERA-APPROVED REGULATION CHANGES
EL DORADO COUNTY
Submittal Date Approval Date Description
6/30/72 9/22/72 All Regs approved
unless noted
otherwise.
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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,
R1ce and Soybean Facilities, Related Topics)
51.2 COAL OPERATIONS (Includes Cleaning, Preparation, Coal Refuse
Disposal Areas. Coke Ovens. Charcoal Kilns. Related Topics)
51.3 CONSTRUCTION (Includes Cement Plants, Materials Handling, Topics
Related to Construction Industry)
51.4 FERROUS FOUNDRIES (Includes Blast Furnaces, Related Topics)
51.5 FUEL BURNING EQUIPMENT (coal, natural gas, oil) -Participates
(Includes Fuel Content and Other Related Topics)
51.6 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (Includes
Fuel Content and Other Related Topics)
51.7 FUEL BURNING EQUIPMENT (oil. natural gas. coal) - N02 (Includes
Fuel Content and Other Related Topics)
51.8 HOT MIX ASPHALT PLANTS
51.9 INCINERATION
51.10 NITRIC ACID PLANTS
51.11 NON-FERROUS SMELTERS (Zn. Cu, etc.) - Sulfur Dioxide
51.12 NUCLEAR ENERGY FACILITIES (Includes Related Topic)
51.13 OPEN BURNING (Includes Forest Management, Forest F1re, Fire
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
vi i
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TABLE OF CONTENTS
EL DORADO COUNTY REGULATIONS
Revised Standard
Subject Index
-
(2.0)
(1.0)
(2.0)
(15.0)
(2.0)
(2.0)
(2.0)
-
(2.0)
(50.1.2)
(2.0)
(50.7)
(2.0)
(50.1)
(50.1.1)
(50.0)
(51.13)
(2.0)
(51.13)
Reg-Rule Number
Reg I
Rule 1
2
3
4
5
6
7
Reg II
Rule 49
50
51
52
53
54
55
56
57
58
59
Title Rape Number
General Provisions
Title
Definitions
Standard Conditions
Enforcement
Validity
New Laws
Effective Date
Prohibition
District-Wide
Coverage
Visible Emissions
Exceptions to Rule 50
Nuisance
Exceptions to Rule 52
Parti cul ate Matter
Dust and Condensed
Fumes
Specific Contaminants
Open Outdoor Fires
Exceptions to Rule 57
Agricultural Burning
1
1
1
5
5
5
5
5
6
6
6
6
7
7
7
7
9
9
9
10
vi i i
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Revised Standard
Subject Index
(2.0)
(15.0)
(15.0)
(51.1)
(51.9)
(2.0)
-
(2.0) '
(3.0)
(3.0)
(2.0)
(3.0)
(2.0)
(3.0)
(2.0)
(3.0)
(2.0)
-
Reg-Rule Number
60
61
62
63
64
65
Reg III
Rule 71
72
73
74
75
76
77
78
79
80
'Reg IV
Title Page
Exceptions to Rule
59
Enforcement
Penalty
Orchard or Citrus
Heaters
Incinerator Burning
Circumvention
Permit System
Authority to Construct
Permit to Operate
Permit to Operate For
Existing Equipment
Exemptions from Rules
71, 72 and 73
Standards for Granting
Permits
Conditional Approval
Rejection of
Applications
Further Information
Actions on Applications
Appeals
Procedure Before the
Number
13
13
13
15
15
15
16
16
16
16
16
18
19
19
19
19
20
21
Hearing Board
(2.0) Rule 81 General 21
ix
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Revised Standard
Subject Index
(16.0)
(16.0)
(5.0)
(2.0)
(2.0)
(2.0)
(16.0)
(16.0)
(16.0)
(2.0)
(2.0)
(2.0)
(2.0)
(2.0)
(2.0)
(3.0)
(16.0)
• -
(16.0)
(2.0)
(13.0)
Reg-Rule Number
82
83
84
85
86
87
88
89
90,
91
92
93
94
95
96
97
98
V
Rule 101
102
103
Title Page
Hearings
Contents for Petition
for Hearing
Requests for Variances
Appeal for Denial
Failure to Comply
With Rules
Answers
Dismissal of Request
for a Hearing
Place of Hearing
Notice of Hearing
Evidence
Preliminary Matters
Official Notice
Continuances
Decision
Effective Date of
Decision
Lack of Permit
Record of Hearing
Fees
Hearing Board Fees
Analysis Fees
Technical Reports,
Number
21
21
22
23
23
23
23
23
23
24
24
24
24
25
25
25
25
26
26
26
26
Charges For
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REGULATION I. GENERAL PROVISIONS
(2.0) Rule V. TITLE.
These Rules and Regulations shall be known as the Rules of the El Dorado
County Air Pollution Control District.
(1.0) Rule 2. DEFINITIONS:
Except as otherwise specifically provided in these rules and except where
the context otherwise indicates, words used in these Rules are used in
exactly the same sense as the same words are used in Chapter 2, Division
20, (Section 24198, et seq.), of the Health and Safety Code.
A. Air Contaminent. Includes smoke, charred paper, dust, soot,
grime, carbon, noxious acids, fumes, gases or particulate matter,
or any combination thereof.
B. Agriculture.
(1) Agricultural Burning. As used in this section means open
outdoor fires used in agricultural operations, in the growing
of crops or raising of fowls or animals, forest management or
range improvement.
(2) Burn or No Burn Days.
(a). A "no burn" day means any day on which the California
Air Resources Board prohibits open outdoor burning of
agricultural wastes.
(b) A "burn" day means any day on which the Air Resources
Board does not prohibit burning or agricultural wastes.
(c) Commencing no later than September 20, 1971, a notice
as to whether a day is a burn or a no burn day will be
provided by the California Air Resources Board each morn-
ing at 0745. The notice will be based on meteorological
criteria set forth by the California Air Resources Board
in Meteorological Criteria for Regulating agricultural
Burning.
(3) Agricultural Operations. Means the growing of crops or
raising of fowls or animals for the primary purpose of making
a profit or for a livelihood and forest management or range
improvement.
(4) Agricultural Wastes. Is defined as unwanted or unsaleable
materials produced wholly from agricultural operations.
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C. Atmosphere. Means 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 an emission into
the atmosphere.
D. Area.
(1) Foothill Area. All that area in El Dorado County bounded
on the East by the Eastern boundary line.
Beginning at the intersection of the North line of Section
27, T. 13 N., R. 10 E., M.D.M. and the Middle Fork of the
American River, the El Dorado-Placer County Line; thence
East to the Northeast corner of Section 25, T. 13 N., R.
10 E., thence South to the Southeast corner of Section 12,
T. 11 N., R. 10 E.; thence East to the Southeast corner
of Section 12, T. 11 N., R. 11 E.; thence to the Southeast
corner of Section 13, T. 11 N., R. 11 E.; thence East to
the Southeast corner of Section 13, T. 11 N., R. 12 E.;
thence East to the Southeast corner of Section 17, T. 11 N.,
R. 13 E.; thence South to the Northeast corner of Section
4, T. 10 N., R. 13 E.; thence South along Section lines to
the Southeast corner of Section 28, T. 8 N., R. 13 E.,
M.D.M. and intersection with the centerline of the South
Fork of the Cosumnes River, the El Dorado-Amador County
Line.
(2) Mountain Area. All that area of El Dorado County bounded
on the West by the Foothill Area and on the East by the
boundary line of the Great Basin-Pacific Watershed Divide.
(3) Tahoe Area. All that area of El Dorado County bounded on
the West by the Great Basin«Pacific Watershed Divide and
on the East by the State Line between the State of Calif-
ornia and the State of Nevada.
E. Board. Means the Air Pollution Control Board of the Air Pol-
lution Control District of El Dorado County, which is the Board
of Supervisors.
F. Combustible or Flammable Solid Waste. Means any garbage, rubbish,
trasn, rags, paper, boxes, crates, excelsior, ashes, offal,
carcass of a dead animal, or any other combustible or flammable
refuse matter which is in a solid form.
G. Combustion Contaminants. Are particulate matter discharged into
the atmosphere from the burning of any kind of material contain-
ing carbon in a free or combined state.
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H. Condensed Fumes. Are minute solid particles generated by the
condensation of vapors from solid matter after volatilization
from the molten state, or may be generated by sublimation,
distillation, calcination, or chemical reaction, when these
processes create air-borne particles.
I. Dusts. Are minute solid particles released into the air by
natural forces or by mechanical processes such as crushing,
grinding, milling, drilling, demolishing, shoveling, conveying,
covering, bagging, sweeping, etc.
J. Flue. Means any duct or passage for air, gases, or the like,
such as a stack or chimney.
K. Multiple-Chamber Incinerator. Is any article, machine, equip-
ment, contrivance, structure, or part of a structure, used to
dispose of combustible refuse by burning, consisting of three (3)
or more refractory lined combustion furnaces in series, physi-
cally separated by refractory walls, interconnected by gas
passage ports or ducts and employing adequate design parameters
necessary for maximum combustion of the material to be burned.
The refractories shall have a Pyrometric Cone Equivalent of at
least seventeen (17), tested according to the method described
in the American Society for Testing Materials, Method C-24.
L. Open Outdoor Fire. Means any combustion of solid waste outdoors,
in the open, not in any enclosure, where the products of combus-
tions are not directed through a flue. Does not include fire-
places normally used in structures.
M. Orchard or Citrus Grove Heater. Means any article, machine,
equipment or other contrivance, burning any type of fuel or
material capable of emitting air contaminants, used or capable
of being used for the purpose of giving protection from frost
damage.
N. Particulate Matter. Any material, except uncombined water, which
exists in a finely divided form as a liquid or solid at standard
conditions.
0. Person. Means any person, firm, corporation, association, or
public agency, including, but not limited to, any city, county,
district, or the State.
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P. Process Weight Per Hour. The total weight of all materials
introduced into a 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 op-
eration from the beginning of any given process to the com-
pletion thereof, excluding any time during which the equip-
ment is idle.
Q- Regulation. Means one of the major sub-divisions of the
Rules of the Air Pollution Control District of El Dorado
County.
R. Residential (Not more than 2 dwelling units) Rubbish.
Means rubbish originating from residential uses and includes
wood, paper, cloth, cardboard, tree trimmings, leaves, lawn
clippings and dry plants.
S. Rule. Means a rule of the Air Pollution Control District
of El Dorado County.
T. Section. Means section of the Health and Safety Code of
the State of California unless some other statute is
specifically mentioned.
U. Solid Waste Dump. Means any accumulation for the purpose
of disposal of any solid waste.
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(2.0) Rule 3. Standard Conditions. Standard conditions are a gas tempera- !
ture of sixty degrees (60°) Fahrenheit and a gas pressure of !
14.7 pounds per square inch absolute. Results of all Analysis i
and tests shall be calculated and reported at this gas tempera- !
ture and pressure. i
(15.0) Rule 4. Enforcement. These Rules and Regulations shall be enforced :
by the Air Pollution Control Officer and all other officers, j
as indicated by the Health and Safety Code.
(2.0) Rule 5. Validity. If any regulation, rule, subdivision, sentence, i
clause or phrase of these Rules and Regulations if for any (
reason is found to be unconstitutional or invalid, such de- j
cision shall not affect the validity of the remaining portions
of these Rules and Regulations. The Air Pollution Control
Board hereby declares that it would have adopted these Rules
and Regulations and every regulation, rule, subdivision,
sentence, clause, and phrase thereof irrespective of the fact
that any one or more regulations, rules, subdivisions,
sentences, clauses, or phrases be declared unconstitutional
or invalid.
(2.0) Rule 6. New Laws. The laws of California as amended from time to
time, relating to the Air Pollution District shall be 1n
full force and effect in the El Dorado County Air Pollution
Control District.
(2.0) Rule 7. Effective Date. These Rules and Regulations shall take
effect on September 2, 1971.
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REGULATION II PROHIBITION
(2.0) Rule 49 District-Wide Coverage. Prohibitions, as set forth in this
Article, shall apply in all portions of El Dorado County.
(50.1.2) Rule 50 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 Ringelmann Chart, as published by the United States
Bureau of Mines, (except in the Tahoe area, which limit is
Ringelmann No. 1), or
(b) Of such opacity as to obscure an observer's view to a
degree eoual to or greater than does smoke described in sub-
section (a) of this section.
(2.0) Rule 51 Exceptions to Rule 50. The provisions of Rule 50 do not
apply to smoke from fires:
(a) 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) The instruction of public employees and volunteer
firemen in the methods of fighting fires, or
(3) For the improvement of watershed, range or
pasture.
(b) Set pursuant to permit on property used for industrial
purposes for the purpose of instruction of employees in
the methods of fighting fires.
(c) Agricultural operations in the growing of crops, or
raising of fowls or animals, or
(d) The use of an orchard or citrus grove heater which does
not produce unconsumed solid carbonaceous matter at a rate
in excess of one (1) gram per minute, (see Rule 63), or
(e) The use of other equipment in agricultural operations in
growing of crops, or raising of fowls or animals.
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(f) Set pursuant to an open burning permit Issued by the
Air Pollution Control Officer, or fire department or other
agency designated by the El Dorado County Air Pollution
Board.
(50.7) Rule 52. Nuisance. No person shall discharge from any nonvehicular
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 53. Exceptions to Rule 52.
(a) The provisions of Rule 52 relating to odors do not apply
to odors emanating from agricultural operations in the grow-
ing of crops or raising of fowls or animals.
(b) All exceptions as stated in Rule 51. I
I
(50.1) Rule 54. Particulate Matter. Except as otherwise provided in Rules j
53 and 55, a person shall not discharge into the atmosphere, I
from any source, participate matter 1n excess of 0.3 grain
per cubic foot of gas at standard conditions. \
(50.1.1) Rule 55 Dust and Condensed Fumes. A person shall not discharge into j
the atmosphere in any one hour from any source whatsoever
dust or condensed fumes in total quantities in excess of the
amount shown in the following table on Page 8. To use the
following table, take the process weight per hour as such is !
defined in Rule 2 (P). Then find this figure on the table, j
opposite which is the maximum number of pounds of contaminants
which may be discharged into the atmosphere in any one hour.
As an example, if "A" has a process which emits contaminants
into the atmosphere and which process takes 3 hours to
complete, he will divide the weight of all materials in the
specific process, in this example, 1,500 pounds, by 3, giving
a process weight per hour of 500 pounds. The table shows that
"A" may not discharge more than 1.77 pounds in any one hour
during the process. Where the process weight per hour falls
between figures in the left hand column, the exact weight of
permitted discharge may be interpolated. This Rule does not
apply to Agricultural Operation Rule 2-B-(3).
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TABLE
*Process
hit/Ml bs)
50
100
150
200
250
300
350
400
450
500
550
600
650
700
750
800 .
850
900
950
1000
1100
1200
1300
1400
1500
1600
1700
1800
1900
2000
2100
2200
2300
2400
2500
2600
2700
2800
2900
3000
Maximum Wt.
Disch/hrObs)
.24
.46
.66
.85
1.03
1.20
1.35
1.50
1.63
1.77
89
01
12
24
2.34
43
53
62
72
2.80
2,
3.
3.
3,
3,
3.
3.
3.
4.
97
12
26
40
54
66
79
91
03
4.14
4.24
4.34
4.44
4.55
4.64
4.74
4.84
4.92
5.02
5.10
Process
Wt/hr(lbs)
3100
3200
3300
3400
3500
3600
3700
3800
3900
4000
4100
4200
4300
4400
4500
4600
4700
4800
4900
5000
5500
6000
6500
7000
7500
8000
8500
9000
9500
10000
11000
12000
13000
14000
15000
16000
17000
18000
19000
20000
30000
40000
50000
Maximum Wt.
Disch/hrdbs)
5.18
5.27
36
44
52
61
69
77
85
•5.93
6.01
6.08
6.15
6.22
6.30
6.37
.45
.52
.60
6.
6.
6.
6.67
7.03
7.37
7.71
8.05
8.39
8.71
9.
9.
.03
.36
9.67
10.00
10.63
11.28
11.89
12.50
13.13
13.74
14.36
14.97
15.58
16.19
22.22
28.3
34.2
60000 or more 40.0
* See Definition in Rule 2(P)
-8-
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(50.0) Rule 56. Specific Contaminants. A person shall not discharge into the
atmosphere from any single source of emission whatsoever any
one or more of the following contaminants, in any state or
combination thereof, exceeding in concentration at the point
of discharge.
(a) Sulphur Compounds calculated as sulphur dioxide (S02)
0.2 per cent, by volume.
(b) Combustion Contaminants: 0.3 grain per cubic foot of
gas calculated to twelve per cent (12%) of carbon dioxide
(C02) at standard conditions. In measuring the combustion
contaminants from incinerators used to dispose of combustible
waste by burning, the carbon dioxide (€02) produced by
combustion of any liquid or gaseous fuels shall be excluded
from the calculation to twelve per cent (12%) of carbon
dioxide (C02).
(51.13) Rule 57. Open Outdoor Fires. No person shall, after December 31, 1971,
use open fires for the purpose of disposal 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 58. Exceptions to Rule 57. 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 (volunteer
firemen), in the methods of fighting fire;
(3) Set pursuant to permit on property used for
industrial purposes for the purpose of instruction
of employees in the methods of fighting fires.
(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
Section 39298).
-9-
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(d) Nothing in Rule 57 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) Nothing in Rule 57 shall be construed as prohibiting
agricultural burning.
(f) Nothing in Rule 57 shall be construed to prohibit fires
for recreational purposes, such as open fires for the cooking
of food for human consumption.
(g) A permit for open burning is not intended to permit
burning on days when such open burning is prohibited by
public fire protection agencies for purpose of fire control
or prevention.
(51.13) Rule 59. Agricultural Burning.
(a) Agricultural Burning Permits. No person shall set or
permit agricultural burning for the disposal of agricultural
waste unless he has a valid permit from the local agency
designated by the California Air Resources Board.
(b) Permit Form. Permits issued shall contain the
following:
(1) Name and address of the permittee.
(2) Location of the proposed burning.
(3) Acreage or estimated amount of waste to be burned.
(4) The kind of agricultural Waste to be burned.
(5) The statement "THIS PERMIT IS VALID ONLY ON
THOSE DAYS WHICH ARE NOT PROHIBITED BY THE STATE
AIR RESOURCES BOARD".
(6) Such other information as may be required by
the agency issuing the permit.
(c) Amount of Waste Burned Daily. The name, location
and amount of wastes burned daily must be reported to
the Air Pollution Control Officer monthly.
(d) No Burn Days. No person shall knowingly set or
permit agricultural burning on days within a period
prohibited by the California Air Resources Board pursuant
to Section 39298, (Rule 2-(B).
-10-
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(e) Preparation of Agricultural Waste. Agricultural
waste shall be dry enough to assure complete combustion,
and shall be free from extraneous materials. The following
are minimum standards for the preparation of agricultural
waste prior to burning:
(1) Agricultural waste shall be free of other waste
such as tires, rubbish, tar paper or construction
debris.
(2) Agricultural waste shall be arranged so that it
will burn with a minimum of smoke, and except for
large trees, only that amount that can reasonably be
expected to completely bum within the following
twenty-four (24) hours shall be ignited on any one
day.
(3) Agricultural waste shall be reasonably free of
dirt, soil and visible surface moisture.
(4) The use of tires for the ignition of fires is
prohibited.
(5) To lower the moisture content of agricultural
waste, the elapsed time between cutting and burning
shall be:
(a) A minimum of three (3) days for straw and
stubble.
(b) Sufficient time for other agricultural
waste such as orchard prunings, small branches,
vegetable tops and seed screenings to assure
rapid and complete combustion with a minimum of
smoke.
(c) A minimum of thirty (30) days for trees,
stumps, and large branches greater than six
(6) inches in diameter.
(6) The Air Pollution Control Officer may by permit
authorize burning of agriculture waste in shorter
times if the denial of such permit would threaten
imminent and substantial economic loss.
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(f) Restricted Burning Days. The Air Pollution Control
Officer shall notify the fire permit agencies (g) that
a condition of restricted burning exists. On days of
restricted burning, local fire agencies shall restrict
acreage or tonnage of wastes to be burned under permit
to that acreage or tonnage allocated to the fire control
agency by the Air Pollution Control Officer. The Air
Pollution Control Officer shall prorate the amounts to
be burned to each fire agency based on the estimated
number of acres or tonnage in the geographic area covered
by the fire agency.
(g) Fire Permit Agencies;
(1) The State Resources Board hereby designates the
following Fire Protection Districts to issue permits
for burning of agricultural waste within the boundaries
of the El Dorado Air Pollution District.
The following is a list of all the fire departments in the Foothill
Area:
Pollock Pines-Camino Fire
District
P. 0. Box 394
Pollock Pines, CA 95726
Pleasant Valley Fire District
1786 Pleasant Valley Road
Placerville, CA 95667
City of Placerville & Fringe
Fire Department
3034 Sacramento Street
Placerville, CA 95667
*Shingle Springs Fire District
P. 0. Box 31
Shingle Springs, CA 95682
El Dorado Hills Fire Department
990 Lassen Lane
El Dorado Hills, CA 95630
*Garden Valley Fire Department
P. 0. Box 275
Garden Valley, CA 95633
El Dorado Fire District
P. 0. Box 204
El Dorado, CA 95623
Cameron Park Community
Services District
3870 Los Santos Drive
Shingle Springs, CA 95682
Georgetown Fire District
P. 0. Box
Georgetown, CA 95634
*Northside Fire Department
P. 0. Box 38
Cool, CA 95614
*0mo Ranch Fire Department
P. 0. Box 15
Omo Ranch, CA
*Rescue Fire Department
P. 0. Box 201
Rescue, CA 95672
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*Pioneer Fire Department
Star Route
Somerset, CA 95684
*Diamond Springs Fire District
P. 0. Box 741
Diamond Springs, CA 95619
U. S. Forestry, El Dorado
National Forest
Supervisor's Hdqts.
100 Form' Road
Placerville, CA 95667
Calif. Division of Forestry
El Dorado Range Unit Hdqtrs.
P. 0. Box 521
Cam1no, CA 95709
^Denotes departments that are not issuing burning permits at this time.
Burning permits in'these areas will be issued by the Division of Forestry.
(2.0) Rule 60. Exceptions to Rule 59. The burning of agricultural waste is
exempt, if:
(a) The burning is done in the Mountain Area, Rule 2-D(2)
or Tahoe Area, Rule 2-D(3).
(b) Fire prevention. Nothing in these rules are intended
to permit open burning of agricultural wastes on days when
such open burning is prohibited by public fire protection
agencies for purposes of fire control or prevention.
(c) Burning on No-Burn Days. The Air Pollution Control
Officer may by permit authorize burning of agricultural
waste on days designated by the California Air Resources
Board as "no-burn days" because the denial of such
permit would threaten imminent and substantial economic
loss.
(15.0) Rule 61. Enforcement. The Air Pollution Control Officer or his
staff will be in the field to ensure that these regu-
lations are complied with and shall enforce all State
and Local Regulations regarding Air Pollution Control.
Page 14.
(15.0) Rule 62.
Penalty. A violation of Rule 59, Agricultural Burning,
is a misdemeanor punishable by imprisonment in the
County jail not exceeding six (6) months, or by fine
not exceeding five hundred dollars ($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.
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AGRICULTURAL BURNING ENFORCEMENT
FLOW CHART
Open Burning Observed
•APCO, Fire Protection and/or Enforcement Agency
1. Determine person starting fire, adding fuel or In
control.
2. Identify such person or persons.
a. Use drivers license for correct name and address.
b. Determine who ordered fire.
3. Ask for Permit
No Permit—or conditions
of Permit violated.
txamTne Permit for coenpllance
with conditions: e.g.
1. Correct date, time, location,
etc.
2. No "Ban" 1n effect.
Issue Notice of Violation
Report the following:
No Permit (Ag. Burning) Section 39298.1
of Health & Safety Code. Rule 59-A of
El Dorado County APCD. Uniform Fire &
Safety Code.
1. Correct name ft address of
all parties.
2. Location of violation.
3. Location and time of observation and duration of Investigation.
4. Nature of material burned.
5. Description of fire and smoke.
6. Distribution of smoke. (Note wind direction & approximated speed.)
7. Surrounding neighborhood.
8. Any statements made by violator.
9. Any statements made by management.
File all Notice of Violation Reports
In person or by mall to A1r Pollution
Control District, 2850 Cold Springs
Road. Placervllle. CA 95667
APCO reviews and obtains additional Information as necessary
D. A.'s offli
ce reviews
Issues complaint
*APCO - A1r Pollution Control Officer
-14-
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(51.1) Rule 63. Orchard or Citrus Heaters.
(a) No orchard.or citrus heater shall be sold In El
Dorado County after January 1, 1971, unless it is in-
cluded on the California State Air Resources Board
approved list.
(b) The use of any unapproved orchard or citrus heater
is prohibited in the County after January 1, 1975, un-
less it produces one gram or less of unconsumed solid
carbonaceous material per minute.
(51.9) Rule 64. Incinerator Burning. Except for the burning of resi-
dential rubbish which meets the requirements of Rule 57,
a person shall not burn any combustible refuse within
the boundaries of the El Dorado County Air Pollution
Control District, except in a multiple-chamber incin-
erator as described in Rule 2-K, or in equipment found
by the Air Pollution Control Officer to be equally
effective for the purpose of air pollution control.
(2.0) Rule 65. Circumvention. A person shall not build, erect, in-
stall, 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 emission which
would otherwise constitute a violation of Division 20,
Chapter 2, (Section 24198 et seq.) or of these Rules
and Regulations. The Rule shall not apply to cases
in which the only violation involved is of Section 24243.
-15-
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REGULATION III PERMIT SYSTEM
(2.0) Rule 71. Authority to Construct. Any person building, erecting,
altering or replacing any article, machine, equipment
of 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 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 is granted or denied or the application is
cancelled.
(3.0) Rule 72. Permit to Operate. Before any article, machine, equipment
or other contrivance described in Rule 71 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 Control Officer
or the Hearing Board for any article, machine, equipment, or
contrivance described in Rule 71, constructed or installed
without authorization as required by Rule 71, until the
information required is presented to the Air Pollution
Control Officer and such article, machine, equipment, or
contrivance is altered, if necessary and made to conform
to the standards set forth in Rule 74 and elsewhere in
these Rules and Regulations.
(3.0) Rule 73. Permit to Operate for Existing Equipment. Shall be
effective 90 days after the adoption of these Rules and
Regulations. A permit to operate shall be required for
all existing equipment, contrivance, or places of business
that have burning or send emissions into the atmosphere.
(2.0) Rule 74. Exemptions from Rules 71. 72 and 73. An authorization
to construct, or a permit to operate, shall not be re-
quired for:
(a) Vehicles as defined by the Vehicle Code of the State
of California, but not including any article, machine,
equipment or other contrivance mount on such vehicle that
would otherwise require a permit under the provisions of
these Rules and Regulations.
-16-
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(b) Vehicles used to transport passengers or freight.
(c) Equipment utilized exclusively in connection with
any structure, which structure is designed for 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 con-
taminants generated by or released from specific
units or equipment.
(2) Refrigeration units except those used as, or in
conjunction with, air pollution control equipment.
(3) Piston type internal combustion engines.
(4) Water cooling towers.
(5) Equipment used exclusively for steam cleaning.
(6) Presses used exclusively for extruding metals,
minerals, plastics or wood.
(7) Residential incinerators when used for burning
of paper or leaves.
(e) Space heaters.
(f) Equipment for food preparation. (Eating establishments)
(g) Steam heated by natural gas or LP6 or both.
(h) Self propelled mobile construction equipment other
than pavement burners.
(i) Agricultural implements used in Agricultural
Operation Rule 2-B93).
-17-
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(3.0) Rule 75. Standards for Granting Permits.
(a) The A1r Pollution Control Officer shall deny author-
ization to construct, or permit to operate, except as
provided in Rule 76, if the applicant does not show that
every article, machine, equipment or other contrivance,
the use of which may cause the issuance of air contam-
inants, or the use of which may eliminate or reduce or
control the issuance of air contaminants, is so designed,
controlled, or equipped with such air pollution control
equipment that it may be expected to operate without
emitting or without causing to be emitted air contam-
inants in violation of Sections 24242 or 24243, or of
these Rules and Regulations.
(b) Before authorization to construct or a permit to
operate is granted, the Air Pollution Control Officer
may require the applicant to provide and maintain such
facilities as are necessary for sampling and testing
purposes in order to secure information that will dis-
close the nature, extent, quantity or degree of air
contaminants discharged into the atmosphere from the
article, machine, equipment or other contrivance des-
cribed in the authorization to construct or permit to
operate. In the event of such a requirement, the Air
Pollution Control Officer shall notify the applicant in
writing of the required size, number and location of
sampling holes; the size and location of the sampling
platform; the access to the sampling platform; and the
utilities for operating the sampling and testing equip-
ment. The platform and access shall be constructed in
accordance with the General Industry Safety Orders of
the State of California, and the results of any analysis
must be signed by an engineer registered in the State
of California.
(c) In acting upon a Permit to Operate, if the Air
Pollution Control Officer finds that the article,
machine, equipment or other contrivance has been con-
structed not in accordance with the Authorization to
Construct, he shall deny the Permit to Operate. The
Air Pollution Control Officer shall not accept any
further application for Permit to Operate the article,
machine, equipment or other contrivance so constructed
until he finds that the article, machine, equipment or
other contrivance has been reconstructed in accordance
with the Authorization to Construct.
-18-
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(2.0) Rule 76. Conditional Approval
(a) The Air Pollution Control Officer may issue an
Authorization to Construct or a Permit to Operate sub-
ject to conditions which will bring the operation of any
article, machine, equipment or other contrivance within
the standards of Rule 75, in which case the conditions
shall be specified in writing. Commencing work under
such an Authorization to Construct, or operation under
such a Permit to Operate, shall be deemed acceptance of
all the conditions so specified. The Air Pollution
Control Officer shall issue an Authorization to Construct
or a Permit to Operate with revised conditions upon
receipt of a new application, if the applicant demonstrates
that the article, machine, equipment or other contrivance
can operate within the stands of Rule 75 under the
revised conditions.
(3.0) Rule 77. Rejection of Applications. In the event of rejection of
Authorization to Construct, or Permit to Operate, 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, and such
service may be proved by the written acknowledgment of
the persons served. The Air Pollution Control Officer
shall not accept a further application unless the appli-
cant has complied with the objections specified by the
Air Pollution Control Officer as his reasons for denial
of the Authorization to Construct, or the Permit to
Operate. Denials may be appealed under Rule 80.
(2.0) Rule 78. Further Information. Before acting on an application for
Authorization to Construct, or Permit to Operate, the Air
Pollution Control Officer may require the applicant to
furnish further information or further plan or speci-
fications.
(3.0) Rule 79. Actions on Applications.
(a) The Air Pollution Control Officer shall act within
a sixty (60) day period on an application for a Permit to
Construct, (Rule 71) or Permit to Operate (Rule 72), and
shall notify the applicant, in writing of his approval,
conditional approval or denial of the application.
(b) Denials may be appealed under Rule 80.
-19-
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(2.0) Rule 80. Appeals. Within ten (10) days after notice by the Air
Pollution Control Officer on 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 action of the Air Pollution Control
Officer; such order may be made subject to specified
conditions.
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REGULATION IV. PROCEDURE BEFORE THE HEARING BOARD
(2.0) Rule 81. General. This regulation shall apply to all hearings before
the Hearing Board of the Air Pollution Control District.
(16.0) Rule 82. Hearings. Requests for hearing shall be initiated by the
filing of a petition in triplicate with the Clerk of the
Hearing Board, at 2850 Cold Springs Road, Placerville, Calif-
ornia, and the payment of a fee as provided for in Rule 101,
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, or Permit to Operate or
variance holder, if any, involved. Service may be made in
person or by mail, and service may be proved by written
acknowledgment of the person served, or by the affidavit of
the person making the service.
(16.0) Rule 83. Contents of Petition for Hearing. Every petition shall
state:
(a) The name, address and telephone number of the
petitioner, or other person authorized to receive service
of notices;
(b) Whether the petitioner is an individual, co-
partnership, corporation or other entity; names and
addresses of the partners if a co-partnership; names
and addresses of the officers if a corporation; and the
names and addresses of the persons in control, if other
entity;
(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, equip-
ment 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 suspended permit reinstated under Section 24274;
(2) For a variance under Section 24292;
-21-
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(3) To revoke or modify a variance under Section
24298;
(4) To review the denial or conditional granting
of an Authorization to construct, or Permit to
Operate, under Rules 75 and 76 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 was granted
and the rule or section which is alleged to have been
violated, together with a brief statement of the facts
constituting such alleged violation.
(h) Petitions for reinstatement of suspended permits
shall allege, in addition, the section under which the
permit was granted; the request and alleged refusal
which formed the basis for such suspension, together
with a brief statement as to why information requested,
if any, was not furnished; and whether such information
is believed by petitioner to be pertinent, and, if so,
when it will be furnished.
(5.0) Rule 84. Request for Variances. In addition to the matters re-
quired by Rule 83, 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 such section, rule or
order.
(e) The requirements which petitioner can meet and the
date when petitioner 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.
-22-
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(g) Whether or not operations under such variance, if
granted, would constitute a nuisance.
(h) Whether or not any case Involving the same identical
equipment or process is pending in any court, civil or
criminal,
(i) Whether or not the subject equipment or process is
covered by a permit to operate issued by the Air Pol-
lution Control Officer.
(2.0) Rule 85. Appeal from Denial. A petition to review a denial or
conditional approval of an Authorization to Construct
or Permit to Operate, shall, 1n addition to the matters
required by Rule 83, set forth a summary of the appli-
cation, or a copy thereof; the alleged reasons for the
denial or conditional approval; and the reasons for
appeal.
(2.0) Rule 86. Failure to Comply with Rules. The Clerk of the Hearing
Board shall not accept for filing any petition which
does not comply with these Rules relating to the form,
filing and service of petitions unless the Chairman or
any two members of the Hearing Board direct otherwise
and confirm such direction in writing. Such direction
need not be made at a meeting of the Hearing Board. The
Chairman or any two members, without a meeting, may re-
quire the petitioner to state further facts or reframe a
petition so as to disclose clearly the issues involved.
(2.0) Rule 87. Answers. Any person may file an answer within ten (10)
days after service. All answers shall be served the same
as petitions under Rule 82.
(16.0) Rule 88. 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 dis-
missal.
(16.0) Rule 89. Place of Hearing. All hearings shall be held at Placer-
vine, the County seat, unless some other place is
designated by the Hearing Board.
(16.0) Rule 90. 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 Sections 24275, 24295, or 24299,
Health and Safety Code.
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(2.0) Rule 91. 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 relating to evidence and witnesses. Any relevant evi-
dence shall be admitted if it is the sort of evidence on
which responsible persons are accumstomed to rely in the
conduct of serious affairs, regardless of the existence of
any common law or statutory rule which might make improper
the admission of such evidence over objection in civil
actions. Hearsay evidence may be used for the purpose of
supplementing or explaining any direct evidence, but shall
not be sufficient in itself to support a finding unless it
would be admissible over objection in civil actions. The
rules of privilege shall be effective to the same extent
that they are now, or hereafter may be, recognized in civil
actions, and irrelevant and unduly repetitious evidence
shall be excluded.
(2.0) Rule 92. Preliminary Matters. Preliminary matters such as setting
a date for hearing, granting continuances, approving
petitions for filings 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 the meeting of
Hearing Board and without notice.
(2.0) Rule 93. Official Notice. The Hearing Board may take official
notice of any matter which may be judicially noticed by
the courts of this State.
(2.0) Rule 94. 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 95. 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 the issues presented and the
order of the Hearing Board. A copy shall be mailed or
delivered to the Air Pollution Control Officer, the
petitioner and to every person who has filed an answer
or who has appeared as a party in person or by counsel
at the hearing.
(2.0) Rule 96. 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 95 or the
Hearing Board may order that the decision shall become
effective sooner.
(3.0) Rule 97. 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 Pollution Control Officer, may include
a permit to operate for the duration of the variance.
(16.0) Rule 98. Record of Hearing. All hearings before the Hearing Board
will be recorded.
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REGULATION V. FEES
(16.0) Rule 101. Hearing Board Fees.
(a) Every applicant or petitioner for variance, or for
the extension, revocation or modification of a variance,
or fpr an appeal from a denial or conditional approval
of an authorization to construct, or permit to operate,
except any state or local government agency or public
district, shall pay to the Clerk of the Hearing Board,
on filing, a fee in the sum of thirty dollars ($30.00).
(b) Any person requesting a transcript of the hearing
shall pay the cost of such transcript.
(c) This Rule shall not apply to petitions filed by
the Air Pollution Control Officer.
(2.0) Rule 102. 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 atmos-
phere which cannot be determined by visual observation,
he may order the collection of samples and the analysis
made by qualified personnel. The time required for
collecting samples, making the analysis and preparing
the necessary reports, but excluding time required in
going 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.
(13.0) Rule 103. Technical Reports, Charges For. Information, circulars,
reports of technical work, and other reports prepared
by the Air Pollution Control District, when supplied to
other governmental agencies or individuals or groups
requesting copies of the same, may be charged for by
the District in a sum not to exceed the cost of prep-
aration and distribution of such documents. All such
monies collected shall be turned into the general funds
of the said District.
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