U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-296 664
Air Pollution Regulations in
State Implementation Plans
California, Fresno County
Abcor, Inc, Wilmington, MA Walden Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NC Control
Programs Development Div
Aug 78
-------
PB 296664
United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
EPA-450/3-78-054-7
August 1978
Air
Air Pollution Regulations
in State Implementation
Plans:
California
REPRODUCED BY
NATIONAL TECHNICAL
INFORMATION SERVICE '
U. S. DEPARTMENT OF COMMERCE *
SPRINGFIELD, VA. 22161 i
-------
TECHNICAL REPORT DATA
(Please read Instructions on the reverse before completing) !
1. REPORT NO. 2.
EPA-450/3-78- 054-7
4, TITLE AND SUgTITLE
Air Pollution Regulations 1n State Implementation i
•Plans: California Fresno County
7. AUTHOR(S)
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Wai den 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 ACCESSIOCfcNO. „
Pft 1Q I bbU-
6. REPORT DATE jf
Auqust 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
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 1,1978, 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
a. DESCRIPTORS
Air pollution
Federal Regulations
Pollution
State Implementation Plans
18. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
b.lDENTIFIERS/OPEN ENDED TERMS
10. SECURITY CLASS (This Report)
Unclassified
20. SECURITY CLASS (This page)
Unclassified
c. COSATI Field/Croup
22.PR.CE p0- /ftp
AioŁ //Col
EPA Form 2220-1 (9-73)
-------
EPA-450/3-78-054-7
Air Pollution Regulations
in State Implementation Plans:
^..«... .
California
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
io/
-------
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-450/3-78-054-7
ii
-------
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 Regl
the above categories as of January 1, 1978, have been incorporated. As
indicated in the Federal Register. Regulations which fall into one of
mandated by Congress, this document will be updated annually. State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.
There have been recent changes in the Federal enforceabi1ity of
parking management regulations and indirect source regulations. The
October, 1977, appropriation bill for EPA prohibited Federal enforcement
of parking management regulations in the absence of specific Federal
authorizing legislation. Federally promulgated parking management
regulations have, therefore, been suspended indefinitely. Pursuant to
the 1977 Clean Air Act Amendments, indirect source regulations may not
be required for the approval of a given SIP. Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted indirect source regulations contained in an applicable SIP
are Federally enforceable. More importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded, operated^ or owned facilities or projects. Therefore, the
Federally promulgated indirect source, regulations appearing in this
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
iii
-------
to the SIP and the date of the Federal Register in which the revision
was either approved or disapproved by EPA. Finally, a brief description
or reference of the regulation which was submitted is also included.
This document is not intended to provide a tool for determining
the enforceability of any given regulation. As stated above, it is
intended to provide a comprehensive compilation of those regulations
which ara 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
-------
SUMMARY SHEET
OF
EPA-APPROVED REGULATION CHANGES
FRESNO COUNTY. CALIF.
Submittal Date
6/30/72
10/23/74
1/10/75
2/10/76
Approval Date
9/22/72
8/22/77
8/22/77
8/22/77
Description
All Regulation Chgs.
Approved Unless Noted
Otherwise
Rules 102, 103, 108
108.1, 111-114, 401,
404-406, 408, 409.1,
409.2, 416, 416.1 a, b,
c (2), c(3), d, e(2),
f, 505, 518. (Note:
Rule 402 (a-e) Submitted
on 6/30/72 Is In Effect
Rules 409, 417, 503,
507, 513, 515
Rules 115, 422, and
423, 407 (Note: 407 Dis-
approved; 6/30/72 Submit-
tal 1n Effect.)
(Note: 407 Disapproved;
407.1 of 6/30/72 Sub-
mi ttal in effect.)
4/21/76
7/26/77
Rules 411 and 411.1
-------
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.S 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
-------
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 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
vii
-------
TABLE OF CONTENTS
Revised Standard
Subject Index
(2.0)
(1.0)
(14.0)
(15.0)
(16.0)
(2.0)
(16.0)
(9.0)
(9.0)
(16.0)
(7.0)
(15.0)
(2.0)
(50.0)
(2.0)
(50.0)
-
(3.0)
(3.0)
FRESNO
Reg. -
Rule Number
Reg. I
Rule 101
102
103
104
105
106
107
108
108.1
109
no
111
112
113
114
115
Reg. II
Rule 201
202
COUNTY REGULATIONS
Title
General Provisions
Title
Definitions
Confidential Information
Enforcement
Order of Abatement
Land Use
Inspections
Source Monitoring
Source Sampling
Penalty
Equipment Shutdown, Startup,
and Breakdown
Arrests and Notices to Appear
Circumvention
Separation and Combination
Severabi 1 i ty
Applicability of Emission
Limits
Permits
Permits Required
Exemptions
Page
1
1
1
4
5
5
5
5
5
6
6
7
8
8
8
9
9
10
10
11
viii
-------
Revised Standard Reg. -
Subject Index Rule Number Title Page
(3.0) 203 Transfer 14
(3.0) 204 Applications 14
(3.0) 205 Cancellations of Applications 14
(3.0) 206 Action on Applications 14
(9.0) 207 Provision of Sampling and
Testing Facilities 15
(3.0) 208 Standards for Granting
Applications 15
(3.0) 209 Conditional Approval 16
(3.0) 210 Denial of Applications 16
(3.0) 211 Further Information 16
(3.0) 212 Applications Deemed Denied 16
(3.0) 213 Appeals 16
(3.0) 214 Existing Sources 17
Reg. Ill Fees 18
(3.0) Rule 301 Permit Fee 18
(3.0) 302 Permit Fee Schedules 20
(2.0) (9.0) 303 Analysis Fees 23
(2.0) (13.0) 304 Technical Reports -
Charges For: 23
(2.0) (16.0) 305 Hearing Board Fees 24
Reg. IV Prohibitions 24
(50.1.2) Rule 401 Visible Emissions 24
(50.1.2) 402 Exceptions 24
(50.1.2) 403 Wet Plumes 25
IX
-------
Revised Standard Reg. -
Subject Index Rule Number Title Page
(50.1) 404 Parti oilate Matter
Concentration 25
(50.1) 405 Particulate Matter
Emission Rate 25
(50.2) 406 Sulfur Compounds 26
(51.9) 407.1 Disposal of Solid or Liquid
Waste 26
(51.5) 407.2 Fuel Burning Equipment -
Combustion Contaminants 26
(51.5) (51.6) 408 Fuel Burning Equipment 26
(51.6)
(51.7)
(50.4) 409 Organic Solvents 27
(50.4) 409.1 Architectural Coatings 30
(50.4) 409.2 Disposal and Evaporation
of Solvents 31
(51.16) 410 Storage of Petroleum
Products 31
(51.16) 411 Gasoline Transfer into
Stationary Storage Containers 32
(51.16) 411.1 Gasoline Transfer into
Vehicle Fuel Tanks 36
(51.16) 412 Organic Liquid Loading 37
(51.16) 413 Effluent 011 Water Separators 38
(51.21) 414 Reduction of Animal Matter 38
(51.13) 415 Open Burning 39
(51.13) 416 . Exceptions • 39
(51.13) 416.1 Agricultural Burning 40
(51.9) 417 Incinerator Burning 45
- x
-------
Revised Standard Reg. -
Subject Index Rule Number Title " Page
(50.7) 418 Nuisance 45
(2.0) 419 Exception 45
(51.1) 420 Orchard Heaters 45
(10.0) (11.0) 422, 423 New Source Performance
Standards and Emission
Standards for Hazardous Air
Pollutants 46
(2.0) (10.0) - General Provisions New
Source Performance Standards 48
(10.0) (51.5) - Standards of Performance For
Fossil Fuel-Fired Steam
Generators 50
(10.0) (51.9) - Standard of Performance For
Incinerators ' 54
(10.0) (51.3) - Standards of Performance For
Portland Cement Plants 55
(10.0) (51.10) - Standards of Performance For
Nitric Acid Plants 57
(10.0) (51.18) - Standards of Performance For
Sulfuric Acid Plants 59
(10.0) (51.8) - Standards of Performance For
Asphalt Concrete Plants 61
(10.0) (51.15) - Standards of Performance For
Petroleum Refineries 62
(10.0) (51.16) - Standards of Performance For
Storage Vessels For Petroleum
Liquids 67
(10.0) (51.17) - Standards of Performance For
Secondary Lead Smelters 70
(10.0) (51.17) - Standards of Performance For
Secondary Brass and Bronze
Ingot Production Plants 71
xi
-------
Revised Standard Reg. -
Subject Index Rule Number Title Page
(10.0) (51.4) - Standards of Performance For
Iron and Steel Plants 73
(10.0) (51.9) - Standards of Performance For
Sewage Treatment Plants 74
(11.0) - ESHAPS General Provisions 76
(11.0) (50.7) - Emission Standards For;
Beryllium 82
(11.0) (51.21) - Emission Standards For
Beryl 1i urn Rocket Motor Fi ri ng 84
0'
(11.0) (50.7) - Emission Standards For
Mercury 86
Reg. V Procedure Before the Hearing
Board 89
(2.0) Rule 501 Applicable Articles of the
Health and Safety Code- 89
(2.0) 502 General 89
(2.0) 503 Filing Petitions 89
(2.0) 504 Contents of Petition 89
(5.0) 505 Petitions For Variances 90
(2.0) 506 Appeal From Denial 91
(2.0) 507 Failure to Comply With Rules ' 91
(2.0) 508 Answers 92
(2.0) 509 Dismissal of Petition 92
(16.0) 510 Place of Hearing 92
(16.0) 511 Notice of Hearing 92
(2.0) 512 Evidence 92
xii
-------
Revised Standard Reg. -
Subject Index Rule Number Title ' Page
(2.0) 513 Preliminary Matters 93
(2.0) 514 Official Notice 93
(2.0) 515 Continuances 93
(2.0) 516 Decision 93
(2.0) 517 Effective Date of Decision 93
(3.0) 518 Lack of Permit 93
xiii
-------
REGULATION I - GENERAL PROVISIONS
(2.0) RULE 101 Title
These rules and regulations shall be known as the Rules and Regulations
of the Fresno County Air Pollution Control District.
(1.0) RULE 102 Definitions
Except as otherwise specifically provided in these rules and, except
where the context otherwise indicates, words used 1n these rules are
used in exactly the same sense as the same words are used in Chapter 2,
Division 20, of the Health and Safety Code.
a. Air Contaminant includes smoke, charred paper, dust, soot,
grime, carbon, noxious adds, fumes, gases, odors, or
particulate matter, or any combination thereof.
b. Alteration is any addition to, enlargement of, replacement
of, or any major modification or change of the design,
capacity, process, or arrangement, or any increase in the
connected loading of, equipment or control apparatus, which
will significantly increase or effect the kind or amount
of air contaminants emitted.
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. Board means the Air Pollution Control Board of the Air
Pollution Control District of Fresno County.
a. Combustible Refuse 1s any solid or liquid combustible
waste material containing carbon in a free or combined
state.
f. Combustion Contaminants are particulate matter discharged
Into the atmosphere from the burning of any kind of material
containing carbon in a free or combined state.
g. Fumes are minute solid particles generated by the conden-
sation of vapors from solid matter after volatilization
from the molten state or generated by sublimation, dis-
tillation, calcination, or chemical reaction when these
processes create airborne particles.
-1-
-------
h. Control Officer means the Air Pollution Control Officer of
the Air Pollution Control District of Fresno County.
i* District is the Air Pollution Control District of Fresno
County.
j. Dusts are minute solid particles released into the air by
natural force or by mechanical processes such as crushing,
grinding, milling, drilling, demolishing, shoveling, con-
veying, covering, bagging, sweeping, or other similar
processes.
k. Emission is the act of passing into the atmosphere of an
air contaminant or gas stream which contains an air contami-
nant, or the air contaminant so passed into the atmosphere.
1. Emission Point is the place at which an emission enters the
atmosphere.
m. Flue means any duct or passage for air, gases, or the like,
such as a stack or chimney.
n. Hearing Board means the Hearing Board of the Air Pollution
Control District of Fresno County.
o. Installation means 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.
p. Institutional Facility means any hospital, boarding home,
school, corporation yard, or like facility.
q. Multiple-Chamber Incinerator is any article, machine, equip-
ment, contrivance, structure or any part of a structure used
to dispose of combustible refuse by burning, consisting of
three or more refractory lined combustion furnances in
series, physically separated by refractory walls, inter-
connected by gas passage ports or ducts, and employing
adequate design parameters necessary for maximum combustion
of the material to be burned. The refractories shall have
a pyrometric cone equivalent of at least 17, tested accord-
ing to the method described in the American Society for
Testing Materials, Method C-24.
r. Open Outdoor Fire as used in this regulation means combus-
tion of any combustible refuse or other material of any
type outdoors in the open air not in any enclosure where
the products of combustion are not directed through a flue.
-2-
-------
s. Operation means any physical action resulting in a change
in the location, form or physical properties of a material,
or any chemical action resulting in a change in the chemi-
cal composition or the chemical or physical properties of
a material.
t. Owner includes but is not limited to any person who leases,
supervises, or operates equipment, in addition to the
normal meaning of ownership.
u. Particulate Matter is any material, except uncombined water,
which exists in a finely divided form as a liquid or solid
at standard conditions.
v. Person means any person, firm, association, organization,
partnership, business trust, corporation, company, contrac-
tor, supplier, installer, user or owner, or any state or
local governmental agency or public district or any officer
or employee thereof.
w. PPM (parts per million) by volume expressed on a gas basis.
x. Process Weight Per Hour is the total weight of all materials
introduced into any specific source operation, which oper-
ation 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 cycle of operation from the beginning of any given
process to the completion thereof, excluding any time during
which the equipment is Idle.
y. Regulation means one of the major subdivisions of the rules
of the A1r Pollution Control District of Fresno County.
z. Residential Rubbish means refuse originating from resi-
dential uses and includes wood, paper, cloth, cardboard,
tree trimmings, leaves, lawn clippings, and dry plants.
aa- Rule means a rule of the Air Pollution Control District of
Fresno County.
bb. Section means section of the Health and Safety Code of the
State of California unless some other statute is specific-
ally mentioned.
-3-
-------
cc. Source Operation means the last operation preceding the
emission of an air contaminant, which operation (a) results
in the separation of the air contaminant from the process
materials or in the conversion of the process materials
into air contaminants as in the case of combustion of fuel: ;
and (b) is not an air pollution abatement operation.
dd. Standard Conditions as used in these regulations are a gas
temperature of 60 degrees Fahrenheit and a gas pressure of
14.7 pounds per square inch absolute. Results of all
analyses and tests shall be calculated or reported at this
gas temperature and pressure.
(14.0) RULE 103 Confidential Information
All information, analyses, plans, or specifications that disclose the
nature, extent, quantity, or degree of air contaminants or other pollution
which any article, machine, equipment, or other contrivance will produce,
which any air pollution control district or any other state or local
agency or district requires any applicant to provide before such applicant
builds, erects, alters, replaces, operates, sells, rents, or uses such
article, machine, equipment, or other contrivance are public records.
All air and other pollution monitoring data, including data compiled from
stationary sources, are public records.
Trade secrets are not public records under this rule. Trade secrets may
include, but are not limited to, any formula, plan, pattern, process, tool,
mechanism, compound, procedure, production data, or compilation of inform-
ation which is not patented, which is known only to certain individuals
within a commercial concern who are using it to fabricate, produce, or
compound an article of trade or a service having commercial value and which
gives its user an opportunity to obtain a business advantage over compe-
titors who do not know or use it.
All air pollution emission data, including those emission data which
constitute trade secrets, as defined in the above paragraph, are public
records. Data used to calculate emission data are not emission data for
the purpose of this subdivision, and data which constitute trade secrets
and which are used to calculate emission data are not public records.
Any person furnishing any records may label as "trade secret" any part of
those records which are entitled to confidentiality. Written justification
for the "trade secret" designation shall be furnished with the records so
designated and the designation shall be a public record. The justifi-
cation shall be as detailed as possible without disclosing the trade
secret; the person may submit additional information to support the justi-
fication, which information, upon request, will be kept confidential in
the same manner as the record sought to be protected.
-4-
-------
(15.0) RULE 104 Enforcement
These rules and regulations shall be enforced by the Air Pollution Control
Officer under authority of Section 24224 (b), Article 2, and Section 24260,
24262, Article 4; and all officers empowered by Section 24221, Article 2.
(16.0) RULE 105 Order of Abatement
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,
an order for abatement whenever the district finds that any person is 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 Pollu-
tion Control Board in holding hearings on the issuance of orders for abate-
ment shall have all powers and duties conferred upon the Hearing Board by
Division 20, Chapter 2, of the Health and Safety Code of the State of
California. The Hearing Board in holding hearings on the issuance of
orders for abatement shall have all powers and duties conferred upon it
by Division 20, Chapter 2, of the Health and Safety Code of the State of
California. 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, shall be liable
for a civil penalty not to exceed six thousand dollars ($6,000) for each
day in which such violation occurs.
(2.0) RULE 106 Land Use
As part of his responsibility to protect the public health and property
from the damaging effects of air pollution, it shall be the duty of the
Air Pollution Control Officer to review and advise the appropriate planning
authorities within the district on all new construction or changes in land
use which the Air Pollution Control Officer believes could become a source
of air pollution problems.
(16.0) RULE 107 Inspections
Inspections shall be made by the enforcement agency for the purpose of
obtaining information necessary to determine whether air pollution sources
are in compliance with applicable rules and regulations, including authori-
ty to require recordkeeping and to make inspections and conduct tests of
air pollution sources.
(9.0) RULE 108 Source Monitoring
Upon the request of the Control Officer and as directed by him, the owner
shall provide, install, and operate continuous monitoring equipment on
such operations as directed. The equipment shall be capable of monitoring
emission levels within 20 percent with confidence levels of 95 percent.
The owner shall maintain, calibrate, and repair the equipment and shall
keep the equipment operating at design capabilities.
-5-
-------
Records from the monitoring equipment shall be kept by the owner for a
period of two years, during which time they shall be available to the
Control Officer in such form as he directs.
In the event of a breakdown of monitoring equipment, the owner shall
notify the Control Officer immediately and shall initiate repairs. The
owner shall inform the Control Officer of the intent to shut down any
monitoring equipment at least 24 hours prior to the event.
In the event a person finds that a request by the Control Officer to
install and maintain monitoring facilities for equipment is unreasonable,
he may appeal the request before the Air Pollution Board.
(9.0) RULE 108.1 Source Sampling
Upon the request of the Control Officer and as directed by him, the owner
of any source operation which emits or may emit air contaminants, for
which emission limits have been established shall provide the followino
facilities, constructed in accordance with the general industry safety
orders of the State of California:
a. Sampling ports
b. Sampling platforms
c. Access to sampling platforms
d. Utilities for sampling equipment
The owner of such a source operation, when requested by the Control Officer,
shall provide records sor other information which will enable the Control
Officer to determine when a representative sample can be taken.
In addition, upon the request of the Control Officer and as directed by
him, the owner of such a source operation shall collect, have collected,
or allow the Control Officer to collect a source sample.
All source samples collected to determine the compliance status of an
emission source shall be collected in a manner specified or approved by
the Control Officer.
(16.0) RULE 109 Penalty
Every person who violates any provision of these rules is guilty of a mis-
demeanor. Every day during any'portion of which such violation occurs
constitutes a separate offense.
-6-
-------
(7.0) RULE 110 Equipment Shutdown. Startup, and Breakdown
Emissions exceeding any of the limits established by Regulation IV as a
. direct result of unavoidable upset conditions, unforeseeable breakdown,
or planned startup and shutdown of any source operation, air pollution
control equipment, or related equipment shall not be a violation provided
that the following requirements are met:
a. In the event of breakdown or upset, the person responsible
for such equipment shall promptly report such condition to
the Air Pollution Control Officer. In the event of planned
shutdown or startup, the person responsible for such equip-
ment shall report to the Air Pollution Control Officer at
least 24 hours prior to the shutdown or startup. The
report shall include, but is not limited to the following:
1. Identification of the specific facility, its location
and permit number.
2. The expected length of time the air pollution control
equipment will be out of service.
3. The nature and quantity of emissions of air contami-
nants to occur during this period.
4. Measures, such as using off-shift labor and equipment,
to be taken to minimize the emissions.
5. The reasons why, if any, it would be impossible, or
impractical, to shut down the source operation during
the maintenance period.
6. Steps to be taken to minimize the probability of the
condition recurring.
b. The Air Pollution Control Officer upon investigation concurs
that the emission was unavoidable or unforeseeable. A
determination that the emission was unavoidable or unfore-
seeable by the Air Pollution Control Officer on one occasion
shall not be binding upon successive periods when the Air
Pollution Control Officer determines that immediate remedial
efforts have not been instituted and corrective action has
not been concluded within a reasonable time under the circum-
stances.
-7-
-------
(15.0) RULE 111 Arrests and Notices to Appear
Pursuant to the provisions of the Penal Code Section 836.5, the officers
and employees of the Fresno County A1r Pollution Control District are
authorized to arrest without a warrant and issue written notices to appear
whenever they have reasonable cause to believe that the person to be
arrested has committed a misdemeanor in their presence which is a vio-
lation of a rule or regulation of the Fresno County Air Pollution Control
District or a violation of a section of Chapter 2 of Division 20 or
Chapter 3.5 of Part 1 of Division 26 of the Health and Safety Code of
the State of California relating to the emission or control of air contami-
nants:
Air Pollution Control Officer
Deputy Director of Health, Environmental Health Services
Assistant Director of Environmental Health Services
Air Pollution Control Engineer and Environmental Health
Technician
Employees of the Fresno County Health Department who are
in the Sanitarian and Environmental Health Classification
(2.0) RULE 112 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 emission which would otherwise constitute a vio-
lation of Division 20, Chapter 2, of the Health and Safety Code of the
State of California or of these rules and regulations. This rule shall
not apply to cases in which the only violation involved is of Section 24243
of the Health and Safety Code of the State of California or of Rule 418
of these rules and regulations. Violation of Rule 112 is a misdemeanor
pursuant to the provisions of Section 24281 of the Health and Safety Code
of the State of California.
(50.0) RULE 113 Separation and Combination
a. If air contaminants from a single source operation are
emitted through two or more emission points, the total
emitted quantity of any air contaminant, limited in these
regulations, cannot exceed the quantity which would be
the allowable emission through a single emission point;
and the total emitted quantity of any such air contami-
nant shall be taken as the product of the highest concen-
tration measured in any of the emission points and the
exhaust gas volume through all emission points, unless the
person responsible for the source operation establishes
the correct total emitted quantity.
-8-
-------
b. If air contaminants from two or more source operations
are combined prior to emission and there are adequate
and reliable means reasonably susceptible to confirmation
and use by the Control Officer for establishing a sepa-
ration of the components of the combined emission to
indicate the nature, extent, quantity and degree of
emission arising from each such source operation, these
regulations shall apply to each such source operation
separately.
c. If air contaminants from two or more source operations
are combined prior to emission, and the combined emission
cannot be separated according to the requirements of
Rule 113(b), these regulations shall be applied to the
combined emission as if it originated in a single source
operation subject to the most stringent limitations and
requirements placed by these regulations on any of the
source operations whose air contaminants are so combined.
(2.0) RULE 114 Severability
If any provision, clause, sentence, paragraph, section or part of these
regulations or appliction thereof to any person or circumstance shall
for any reason be adjudged by a court of competent jurisdiction to be
unconstitutional or invalid, such judgment shall not affect or invalidate
the remainder of this regulation and the application of such provision to
other persons or circumstances but shall be confined in its operation to
the provision, clause, sentence, paragraph, section or part thereof
directly involved in the controversy in which such judgment shall have
been rendered and to the person or circumstance involved, and it is hereby
declared to be the intent of the Fresno County Air Pollution Control Board
that these regulations would have been adopted in any case had such in-
valid provision or provisions not been included.
(50.0) RULE 115 Applicability of Emission Limits
Whenever more than one rule of these Rules and Regulations applies to any
article, machine, or equipment or other contrivance, the. rule or combi-
nation of rules resulting in the smallest rate or smallest concentration
of air contaminants released to the atmosphere shall apply unless other-
wise specifically exempted or designated.
-9-
-------
REGULATION II - PERMITS
(3.0) RULE 201 Permits Required
a. Authority to Construct Any person building, altering
or replacing any equipment, 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.
b. Permit to Operate Before any equipment described in
Rule 201(a) may be operated, a written permit shall be
obtained from the Air Pollution Control Officer. No
permit to operate shall be granted either by the Air
Pollution Control Officer or the Hearing Board for any
equipment described in Rule 201(a), constructed or
installed without authorization as required by Rule
201(a), until the information required is presented to
the Air Pollution Control Officer and such equipment
is altered, if necessary, and made to conform to the
standards set forth in Rule 208 (Standards for Granting
Application) and elsewhere in these rules and regulations.
c. Posting of Permit to Operate A person who has been
granted under Rule 201(b) a permit to operate any equip-
ment described in Rule 201(b), shall firmly affix such
permit to operate, an approved facsimile, or other
approved identification bearing the permit number upon
the article, machine, equipment, or other contrivance
in such a manner as to be clearly visible and accessible.
In the event that the equipment is so constructed or
operated that the permit to operate cannot be so placed,
the permit to operate shall be mounted so as to be clearly
visible in an accessible place within 25 feet of the
equipment or maintained readily available at all times
on the operating premises.
d. Altering of Permit A person shall not willfully deface,
alter, forge, counterfeit, or falsify a permit to operate
any equipment.
-10-
-------
(3.0) RULE 202 Exemptions
Any authority to construct or a permit to operate shall not be required
for:
a. Vehicles as defined by the Vehicle Code of the State of
California but not Including any article, machine, equip-
ment, or other contrivance mounted on such vehicle that
would otherwise require a permit under the provisions of
these rules and regulations.
b. Vehicles used to transport passengers or freight.
c. Equipment utilized exclusively in connection with any
structure, which structure is designed for and used
exclusively as a dwelling for not more than four families.
d. The following equipment:
1. Comfort air conditioning or comfort ventilating
systems, which are not designed to remove air
contaminants generated by or released from specific
units or equipment.
2. Refrigeration units except those used as, or in con-
junction with, air pollution control equipment.
3. Piston type internal combustion engines.
4. Water cooling towers and water cooling ponds not
used for evaporative cooling of water from barometric
jets or from barometric condensers.
5. Equipment used exclusively for steam cleaning.
6. Presses used exclusively for extruding metals,
minerals, plastics, or wood.
7. Equipment used exclusively for space heating, other
than boilers.
8. Equipment used for hydraulic or hydrostatic testing.
9. Equipment used in eating establishments for the
purpose of preparing food for human consumption.
10. Equipment used exclusively to compress or hold dry
natural gas.
-11-
-------
11. Crucible-type or pot-type furnaces with a brimful
capacity of less than 450 cubic inches of any molten
metal.
12. Batch mixers of five cubic feet rated working
capacity or less.
13. Smokehouses in which the maximum horizontal inside
cross-sectional area does not exceed 20 square feet.
14. Air Resources Board approved orchard heaters.
The following equipment or any exhaust system or collector
serving exclusively such equipment:
1. Laboratory equipment used exclusively for chemical or
physical analyses and bench scale laboratory equip-
ment.
2. Brazing, soldering, or welding equipment.
3. Ovens, mixers, and blenders used in bakeries where
the products are edible and intended for human
consumption.
4. Equipment used exclusively for forging, pressing,
rolling, or drawing of metals or for heating metals
immediately prior to forging, pressing, rolling or
drawing.
5. Equipment using aqueous solutions for surface prepa-
ration, cleaning, stripping, etching (does not in-
clude chemical milling), or the electrolytic plating
with electrolytic polishing, or the electrolytic
stripping of bronze, brass, cadmium, copper, iron,
lead, nickel, tin, zinc, and precious metals.
6. Equipment used for washing or drying products fabri-
cated from metal, cloth, fabric, or glass, provided
that no organic materials are used in the process and
that no oil or solid fuel is burned.
7. Equipment used for compression molding and injection
molding of plastics.
8. Vacuum producing devices used in laboratory operations
or in connection with other equipment which is exempt
by Rule 201.
-12-
-------
9. Equipment used for noncommerical buffing (except
automatic or semi-automatic tire buffers) or polish-
ing, carving, cutting, drilling, machining, routing,
sanding, sawing, surface grinding or turning of
ceramic artwork, ceramic precision parts, leather,
metals, plastics, rubber, fiberboard, masonry,
asbestos, carbon or graphite.
10. Equipment used for noncommercial carving, cutting,
drilling, surface grinding, planing, routing, sanding,
sawing, shredding or turning of wood, or the pressing
or storing of sawdust, wood chips or wood shavings.
11. Laundry driers, extractors, or tumblers used for
fabrics cleaned only with water solutions of bleach
or detergents.
f. Steam generators, steam superheaters, water boilers, water
heaters, and closed heat transfer systems of 15,000,000
BTU per hour capacity or less that are fired exclusively
with natural gas or liquified petroleum gas or any com-
bination thereof.
g. Natural draft hoods, natural draft stacks, or natural
draft ventilators where no organic solvents, diluents,
or thinners are used.
h. Containers, reservoirs, or tanks used exclusively for:
1. Dipping operations for coating objects with oils,
waxes, or greases where no organic solvents, diluents,
or thinners are used.
2. Dipping operations for applying coatings of natural
or synthetic resins which contain no organic solvents.
3. Storage of liquified gases.
4. Unheated storage of organic materials with an initial
boiling point of 300° Fahrenheit or greater.
5. The storage of fuel oils and lubricating oils.
6. Unheated solvent dispensing containers, unheated non-
conveyor 1 zed solvent rinsing containers or unheated
nonconveyorized coating dip tanks of 100 gallons
capacity or less.
7. Transporting materials on streets or highways.
-13-
-------
8. Storage of gasoline in underground tanks having a
capacity of 5,000 gallons or less.
i. Self-propelled mobile construction equipment other than
pavement burners.
j. Agricultural implements used in agricultural operations.
k. Vacuum cleaning systems used exclusively for industrial,
commercial, or residential housekeeping purposes.
1. Repairs or maintenance not involving structural changes
to any equipment for which a permit has been granted.
m. Identical replacements in whole or in part of any equip-
ment where a permit to operate has previously been granted
for such equipnent.
(3.0) RULE 203 Transfer
A permit shall not be transferable, whether by operation of law or other-
wise, either from one location to another, from one piece of equipment
to another, or from one person to another.
(3.0) RULE 204 Applications
Every application for a permit required under Rule 201 shall be filed in
the manner and form prescribed by the Air Pollution Control Officer, and
shall give all the information necessary to enable the Air Pollution
Control Officer to make the determination required by Rule 208 hereof.
(3.0) RULE 205 Cancellations of Applications
a. An authority to construct shall expire and the application
shall be cancelled two years from the date of issuance
of the authority to construct.
b. An application for a permit to operate shall be cancelled
two years from the date of filing of the application.
(3.0) RULE 206 Action on Applications
The Air Pollution Control Officer shall act, within a reasonable time,
on a permit application and shall notify the applicant in writing of his
approval, conditional approval, or denial.
-14-
-------
(9.0) RULE 207 Provision of Sampling and Testing Facilities
A person operating or using any equipment for which these rules require
a permit shall provide and maintain such sampling and testing facilities
as specified in the permit.
(3.0) RULE 208 Standards For Granting Applications
a. The Air Pollution Control Officer shall deny a permit
except as provided in Rule 209, if the applicant does
not show that the use of any equipment, which may cause
the issuance of air contaminants, or the use of which
may eliminate or reduce or control the issuance of air
contaminants, is so designed, controlled, or equipped
with such air pollution control equipment, that it may
be expected to operate without emitting or without
causing to be emitted air contaminants in violations
of Section 24242 or 24243, of the Health and Safety
Code, or of these rules and regulations.
b. Before a permit is granted, the Air Pollution Control
Officer may require the applicant to provide and maintain
such facilities as are necessary for sampling and test-
ing purposes in order to secure Information that will
disclose the nature, extent, quantity or degree of air
contaminants discharged into the atmosphere from the
equipment described in the permit. In the event of such
a requirement, the Air Pollution Control Officer shall
notify the applicant in writing of the required size,
number and location of sampling holes; the size and
location of the sampling platform; the access to the
sampling platform; and the utilities for operating the
sampling and testing equipment. The platform and access
shall be constructed in accordance with the general
industry safety orders of the State of California.
c. In acting upon a permit to operate, if the Air Pollution
Control Officer finds that the equipment has been
constructed not in accordance with the authority 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 equipment so
constructed until he finds that the equipment has been
constructed in accordance with the permit to construct.
-15-
-------
(3.0) RULE 209 Conditional Approval
The Air Pollution Control Officer may issue an authority to construct
or a permit to operate subject to conditions which will bring the oper-
ation of any equipment within the standards of Rule 208, 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 Air Pollution Control Officer shall issue an authority to construct
or a 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 Rule 208 under the revised conditions.
(3.0) RULE 210 Denial of Applications
In the event of denial of a permit, the Air Pollution Control Officer
shall notify the applicant in writing of the reasons therefore. Service
of this notification may be made in person or by mail, and such service
may be proved by the written acknowledgement of the persons served or
affidavit of the person making the service. The Air Pollution Control
Officer shall not accept a further application unless the applicant has
complied with the objections specified by the Air Pollution Control
Officer as his reasons for denial of the permit.
(3.0) RULE 211 Further Information
Before acting on an application for a permit, the Air Pollution Control
Officer may require the applicant to furnish information or further plans
or specifications.
(3.0) RULE 212 Applications Deemed Denied
The applicant may at his option deem the permit denied if the Air Pollu-
tion Control Officer fails to act on the application within 30 days
after filing, or within 30 days after applicant furnishes the further
information, plans and specifications requested by the Air Pollution
Control Officer, whichever is later.
(3.0) RULE 213 Appeals
Within 10 days after notice by the Air Pollution Control Officer of denial
of a permit, the applicant may petition the Hearing Board, in writing,
for a public hearing. The Hearing Board, after notice and a public hear-
ing held within 30 days after filing the petition, may sustain or reverse
the action of the Air Pollution Control Officer; such orders may be made
subject to specified conditions. •
-16-
-------
(3.0) RULE 214 Existing Sources
Existing sources, where control equipment has been Installed, that were
in compliance and sources that are on a compliance schedule approved by
the Air Pollution Control District, on the effective date of Rule 201,
shall be issued a conditional permit to operate. The conditional permit
to operate will not be valid if there is a significant change in the
process or significant increase in production.
Existing sources, requiring the installation of control equipment, shall
be Issued a conditional permit to operate provided that an acceptable
time for compliance is filed with the Air Pollution Control Officer.
The time for compliance shall include each of the following times: time
for engineering, time for procurement, time for fabrication, and time
for Installation and adjustment. The Air Pollution Control Officer may
require such periodic reports on each phase of the progress toward
compliance. Failure at any phase to make reasonable progress toward
completion of such installations as are required for final compliance
shall be deemed an unreasonable delay in compliance and 1s subject to
revocation of the conditional permit to operate.
-17-
-------
REGULATION III - FEES
(3.0) RULE 301 Permit Fee
a. Filing Fee Every applicant, except any federal, state,
or local governmental agency or public district, for an
authority to construct or a permit to operate equipment
for which a permit is required by (the State Law or) the
rules and regulations of the Air Pollution Control
District, shall pay a filing fee of $20. Where an appli-
cation is filed for a permit to operate any article,
machine, equipment or other contrivance by reason of
transfer from one person to another, and where a permit
to operate had previously been granted under Rule 201 and
no alteration, addition, or transfer of location has been
made, the applicant shall pay only a $10 filing fee.
b- Permit Fee Every applicant, except any state or local
governmental agency or public district, for a permit to
operate, who files application with the Air Pollution
Control Officer, shall in addition to the filing fee
prescribed herein, pay the fee for the issuance of a
permit to operate in the amount prescribed in the follow-
ing schedules, provided, however, that the filing fee
shall be applied to the fee prescribed for the issuance
of the permit to operate.
c. Cancellation or Denial If an application for an authority
to construct or a permit to operate is cancelled, or if an
authority to construct or a permit to operate is denied
and such denial becomes final, the filing fee required
herein shall not be refunded nor applied to any subsequent
application.
d. Transfer of Location or Owner Where an application is
filed for a permit to operate any equipment by reason of
transfer of location or transfer from one person to an-
other, or both, and where a permit to operate had previ-
ously been granted for such equipment under Rule 201 and
an alteration or addition has been made, the applicant
shall be assessed a fee based upon the increase in total
horsepower rating, the increase in total fuel consumption
expressed in thousands of British Thermal Units (BTU) per
hour, the increase in total electrical energy rating, the
increase in maximum horizontal inside cross-sectional area
or the increase in total stationary container capacity re-
sulting from such alterations or additions, as described
in the fee schedules contained herein. Where the appli-
cation is for transfer of location, and no alteration or
-18-
-------
addition has been made, the applicant shall pay only the
amount of the filing fee required herein.
e. Altera tion of Equipmen t Where an application is filed
for an authority to construct or a permit to operate
exclusively involving revisions to the conditions of an
existing permit to operate or involving alterations or
additions resulting in a change to any existing equipment
holding a permit under the provisions of Rule 201 of
these rules and regulations, the applicant shall be as-
sessed a fee based upon the Increase in total horsepower
rating, the Increase in total fuel consumption expressed
in thousands of British Thermal Units (BTU) per hour, the
increase in total electrical energy rating, the increase
in maximum horizontal inside cross-sectional area or the
increase in total stationary container capacity resulting
from such alterations or additions, as described in the
fee schedules contained herein. Where there is no change
or is a decrease in such rating, the applicant shall pay
only the amount of the filing fee required herein.
f. Permit Fee Penalty After the provisions for granting
permits as set forth in Chapter 2, Division 20, of the
Health and Safety Code and the rules and regulations have
been complied with, the applicant shall be notified by
the Air Pollution Control Officer, in writing, of the fee
to be paid for issuance of the permit to operate. Such
notice may be given by personal service or by deposit,
postpaid, in the United States mail and shall serve as a
temporary permit to operate for 30 days from the date of
personal service or mailing. Nonpayment of the fee within
this period of time shall result in the automatic cancel-
lation of the application.
g. Permit Granted by Hearing Board In the event that a
permit to operate is granted by the Hearing Board after
denial by the Air Pollution Control Officer or after the
applicant deems his application denied, the applicant
shall pay the fee prescribed in the following schedules
within 30 days after the date of the decision of the
Hearing Board. Nonpayment of the fee within this period
of time shall result in automatic cancellation of the
permit and the application.
-19-
-------
h. Annual Renewal Fee Annually on the anniversary of the
issuance of a permit to operate granted under Rule 201,
the permittee shall pay a renewal fee amounting to one-
fourth of the initial permit fee under current fee sched-
ules. The holder of permits with more than one anniver-
sary date may adjust annual renewal payments to a single
anniversary date by pro-rating renewal fee(s) as neces-
sary. If the renewal fee is not paid within 30 days
after it becomes due, the fee shall be increased by one-
half the amount thereof, and the Air Pollution Control
Officer shall thereupon promptly notify the permittee by
mail of the increased fee. If the increased fee is not
paid within 30 days after such notice, the permit shall
be automatically revoked and the Air Pollution Control
Officer shall so notify the permittee by mail.
i. Multiple Locations When permits have been issued to
operate movable equipment at two or more locations, only
one annual renewal fee will be charged. The anniversary
date on which the annual renewal fee will be due will be
that noted on the original permit.
j. Duplicate Permit A request for a duplicate permit to
operate shall be made in writing to the Air Pollution
Control Officer within 10 days after the destruction,
loss or defacement of a permit to operate. A fee of $2
shall be charged, except to any federal, state, or local
governmental agency or public district, for issuing a
duplicate permit to operate.
(3.0) RULE 302 Permit Fee Schedules
It is hereby determined that the cost of issuing permits, and of inspec-
tions pertaining to such issuance exceeds the fees prescribed herein.
In determining the fees to be charged, the applicable equipment within
each process that requires a permit will be totalled for each schedule.
In the event that more than one fee schedule is applicable to a permit
to operate, the governing schedule shall be that which results in the
higher fee.
-20-
-------
SCHEDULE 1
ELECTRIC MOTOR HORSEPOWER SCHEDULE
Any equipment which may cause the emission of air contaminants where an
electric motor Is used as the power supply shall be assessed a permit fee
based on the total rated motorhorsepower of all electric motors Included
in any article, machine, equipment or other contrivance, In accordance
with the following schedule:
Horsepower Fee
Up to and Including 25 $ 20.00
Greater Than 25 but Less Than 50 28.00
Greater Than 50 but Less Than 100 48.00
Greater Than 100 but Less Than 200 76.00
Greater Than 200 but Less Than 400 100.00
Greater Than 400 but Less Than 800 148.00
Greater Than 800 but Less Than l.&OO. . , 200.00
1,600 or Greater 252.00
SCHEDULE 2
FUEL BURNING EQUIPMENT SCHEDULE
Any equipment which may cause the emission of air contaminants in which
fuel is burned, with the exception of incinerators which are covered in
Schedule 4, shall be assessed a permit fee based upon the design of the
equipment expressed in British Thermal Units (BTU) per hour in accordance
with the following schedule:
1.000 BTU Per Hour Fee
Up to and Including 150 $ 20.00
Greater Than 150 but Less Than 400 28.00
Greater Than 400 but Less Than 650 48.00
Greater Than 650 but Less Than 1,500 76.00
Greater Than 1,500 but Less Than 2,500 100.00
Greater Than 2,500 but Less Than 5,000 148.00
Greater Than 5,000 but Less Than 15,000 200.00
15,000 or Greater 252.00
-21-
-------
SCHEDULE 3
ELECTRICAL ENERGY SCHEDULE
Any equipment which may cause the emission of air contaminants which
electrical energy, with the exception of electric motors covered in
Schedule 1, shall be assessed a permit fee based on the total kilovolt
ampere (KVA) rating, in accordance with the following schedule:
Kilovolt Ampere Fee
Up to and Including 45 $ 20.00
Greater Than 45 but Less Tahn 145 28.00
145 or Greater but Less Than 450 48.00
450 or Greater but Less Than 1,450 60.00
1,450 or Greater but Less Than 4,500 88.00
4,500 or Greater but Less Than 14,500 148.00
14,500 or Greater 232.00
SCHEDULE 4
INCINERATOR SCHEDULE
Any equipment designed and used primarily to dispose of combustible refuse
by wholly consuming the material charged leaving only the ashes or residue
shall be assessed a permit fee based en the following schedule of the max-
imum horizontal inside cross-sectional area, in square feet, of the primary
combustion chamber:
Area, in Square Feet Fee .
Up to and Including 8 $ 20.00
Greater Than 8 but Less Than 16 28.00
16 or Greater but Less Than 27 36.00
27 or Greater but Less Than 47 . 56.00
47 or Greater but Less Than 90 76.00
90 or Greater 112.00
-22-
-------
(2.0)
(9.0)
SCHEDULE 5
STATIONARY CONTAINER SCHEDULE
Any stationary tank, reservoir, or other container, the contents which may
emit an air contaminant shall be assessed a permit fee based on the follow-
ing schedule of capacities in gallons or cubic equivalent, in accordance
with the following schedule:
Gallons Fee
Up to and Including 5,000 $ 20.00
5,001 - 20,000 24.00
20,001 - 50,000 36.00
50,001 - 100,000 48.00
100,001 - 500,000 64.00
500,001 - 1,000,000 80.00
1,000,001 - Up ' 100.00
SCHEDULE 6
MISCELLANEOUS SCHEDULE
Any article, iriachine, equipment or other contrivance which may cause the
issuance of air contaminants as defined in Rule 102 of the rules and reg-
ualtions, which is not included in the preceding schedules shall be.
assessed a permit fee of $20.
2.0) RULE 303. Analysis Fees.
Whenever the Air Pollution Control Officer finds that an analysis of the
emission from any source is necessary to determine the extent and amount
of pollutants being discharged into the atmosphere which cannot be deter-
mined by visual observation, he may order the collection of samples and
the analysis made by qualified personnel of the Pollution Control District.
The time required for collecting samples, making the analysis, and pre-
paring the necessary reports, but excluding time required in going to
and from such premises may be charged against the owner or operator of
said premises in a reasonable sum to be determined by the Air Pollution
Officer, which said sum is not to exceed the actual cost of such work.
2.0) RULE 304. Technical Reports - Charges For:
13.0)
Information, circulars, reports of technical work and other reports pre-
pared by the Air Pollution Control District when supplied to other govern-
mental agencies or individuals or groups requesting copies of the same,
may be charged for by the district in a sum not to exceed the cost of
preparation and distribution of such documents. All such monies collected
shall be turned into the general funds of the said district.
-23-
-------
(2.0) RULE 305. Hearing Board Fees
(16.0)
a. Every applicant or petitioner for a variance, or for the extension,
revocation or modification of a variance, or for an appeal from a
denial or conditional approval of an authority to construct or permi
to operate except any federal, state, or local governmental agency T
public district, shall pay the clerk of the Hearing Board, on filing,
a nonreturnable fee in the sum of $25. It is hereby determined that
the cost of administration of Article 5, Chapter 2, Division 20, of
the Health and Safety Code exceeds $25 per petition.
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 Con-
trol Officer.
REGULATION IV - PROHIBITIONS
(50.1.2) RULE 401. 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 aggre-
gating more than three minutes in any one hour which is:
a. As dark or darker in shade as that designated as No. 1 on the Ringle-
mann Chart, as published by the United States Bureau of Mines.
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.
(50.1.2) RULE 402. Exceptions (The provisions of Rule 401 do not apply to:)
a. Smoke from fires set by or permitted by any public officer, if such
fire is set or permission given in the performance of the official duty
of such officer, and such fire in the opinion of such officer is
necessary:
1. For the purpose of the prevention of a fire hazard which cannot
be abated by any other means, or
2, For the instruction of public employees in the methods of fighting
fire.
b. Smoke from fires set pursuant to permit on property used for industrial
purposes for the purpose of instruction of employees in the methods of
fighting fire.
c. Agricultural operations in the growing of crops or raising of fowl or
animals.
-24-
-------
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.
e. The use of other equipment in agricultural operations in the growing
of crops, or the raising of fowl or animals.
(50.1.2) RULE 403. Wet Plumes
Where the presence, of uncombined water is the only reason for the failure
of an emission to meet the limitation of Rule 401, that rule shall not
apply." The burden of proof which establishes the application of this rule
shall be upon the person seeking to comb within its provisions. '
(50.1) RULE 404. Particulate Matter Concentration
A person shall not release or discharge into the atmosphere from any source
of single processing unit whatsoever dust, fumes, or particulate matter
emissions in excess of 0.1 grain per cubic foot of gas at standard condi-
tions.
(50.1) RULE 405. Particulate Matter Emission Rate
A person shall not discharge into the atmosphere from any source operation
particulate matter in excess of the following table:
ALLOWABLE RATE OF EMISSION BASED ON PROCESS WEIGHT RATE:
Process Weight Rate
Lbs/Hr
50
100
500
1,000
5,000
10,000
20,000
60,000
80,000
120,000
160,000
200,000
400,000
1,000,000
Tons/Hr
0.025
0.05
0.25
0.50
2.5
5.0
10.0
30.0
40.0
60.0
80.0
100.00
200.00
500.00
Maximum Allowable Emission Rate
Lbs/Hr
0.36
0.55
1.53
2.34
6.34
9.37
14.99
29.60
31.19
33.28
34.85
36.11
40.35
46.72
-25-
-------
Interpolation of the data for the process weight rates up to 60,000 Ibs/
hr shall be accomplished by the use of the equation:
E -3.59 P°-62 P^-30 tons/hr
and interpolation and extrapolation of the data for process weight rates
in excess of 60,000 Ibs/hr shall be accomplished by use of the equation:
E =17.31 PO-16 P^t30 tons/hr
Where: E * Emissions in pounds per hour.
P = Process weight in tons per hour.
(50.2) RULE 406. Sulfur Compounds
A person shall not discharge into the atmosphere sulfur compounds, which
would exist as a liquid or gas at standard conditions, exceeding in con-
centration at the point of discharge: 0.2 percent by volume calculated
as sulfur dioxide
(51.9) RULE 407.1. Disposal of Solid or Liquid Waste
A person shall not discharge into the atmosphere from any incinerator or
other equipment used to dispose of combustible refuse by burning particu-
late matter in excess of 0.1 grain per cubic foot of gas calculated to
12 percent of carbon dioxide (C02) at standard conditions. Any carbon
dioxide (003) produced by combustion of any liquid or gaseous fuels shall
be excluded from the calculation to 12 percent of carbon dioxide (002).
(51.5) RULE 407.2. Fuel Burning Equipment - Combustion Contaminants
A person shall not discharge into the atmosphere combustion contaminants
exceeding in concentration at the point of discharge: 0.1 grain per
cubic foot of gas calculated to 12 percent of carbon dioxide (C02).
(51.5) RULE 408. Fuel Burning Equipment
51.6)
(51.7) A person shall not build, erect, install or expand any nonmobile fuel
burning equipment unit unless the discharge into the atmosphere of contam-
inants will not and does not exceed any one or more of the following rates:
a. 200 pounds per hour of sulfur compounds, calculated as sulfur dioxide
(S02).
b. 140 pounds per hour of nitrogen oxides, calculated as nitrogen dioxide
(N02).
c. 10 pounds per hour of combustion contaminants as defined in Rule 102
and derived from the fuel.
-26-
-------
For the purpose of this rule, fuel burning equipment means any furnace,
boiler, apparatus, stack, and all appurances thereto, used in the process
of burning fuel for the primary purpose of of producing heat or power by
indirect heat transfer. A fuel burning unit shall be comprised of the
minimum number of fuel burning equipment, the simultaneous operations of
which are required for the production of useful heat or power.
Fuel burning equipment serving primarily as air pollution control equip-
ment by using a combustion process to destroy air contaminants shall be
exempt from the provisions of this rule.
Nothing in this rule shall be construed as preventing the maintenance or
preventing the alteration or modification of an existing fuel burning
equipment unit which will reduce its mass rate of air contaminant emis-
sions.
(50.4) RULE 409. Organic Solvents
a. No person shall discharge into the atmosphere more than 15 pounds of
organic materials in any 1 day from any article, machine, equipment,
or other contrivance 1n which any organic solvent or any material con-
taining organic solvent comes into contact with flame or is baked,
heat-cured, or heat-polymerized in the presence of oxygen, unless
said discharge has been reduced by at least 85 percent.. Those portions
of any series of articles, machines, equipment, or other contrivances
designed for processing continuous web, strip, or wire that emit
organic materials in the course of using operations described in this
section.
b. A person shall not discharge to the atmosphere more than 40 pounds of
organic materials in any 1 day from any article, machine, equipment,
or other contrivance used under conditions other than those described
in paragraph (a) of this section for employing or applying any photo-
chemically reactive solvent, as defined in paragraph (k) of this
section, or material containing such photochemically reactive solvent,
unless said discharge has been reduced by at least 85 percent.
Emissions of organic materials into the atmosphere resulting from air
or heated-drying of products for the first 12 hours after their remov-
al from any article, machine, or other contrivance described in this
section shall be included in determining compliance with this para-
graph. Emissions resulting from baking, heat-curing, or heat-
polymerizing as described in paragraph (a) of this section shall be
excluded from determination of compliance with this section. Those
portions of any series of articles, machines, equipment, or other
contrivances designed for processing a continuous web, strip, or wire
that emit organic materials in the course of using oeprations describ-
ed in this section shall be collectively subject to compliance with
this section.
-27-
-------
c. A person shall not, after August 31, 1976, discharge into the atmos-
phere more than 3,000 pounds of organic materials in any 1 day from
any article, machine, equipment, or other contrivance in which any
non-photochemically reactive organic solvent or any material contain-
ing such a solvent is employed or applied, unless said discharge has
been reduced by at least 85 percent. Emissions of organic materials
into the atmosphere resulting from air or heated-drying removal from
any article, machine, equipment, or be included in determining
compliance with this section. Emissions resulting from baking, heat-
curing, or heat-polymerizing as described in paragraph (a) of this
section shall be excluded from determination of compliance with this
section. Those portions of any series of articles, machines, equip-
ment, or other contrivances designed for processing a continuous web,
strip, or wire that emit organic materials in the course of using
operations described in this section shall be collectively subject to
compliance with this section.
d. Emissions_of organic materials to the atmosphere from the cleanup
with photochemically reactive solvent, as defined in section (k),
of any article, machine, equipment or other contrivance described in
sections (a), (b), or (c), shall be included with the other emissions
of organic materials from that article, machine, equipment or other
contrivance for "determining compliance with this rule.
e. Emissions of organic materials into the atmosphere required to be
controlled by sections (a), (b), or (c), shall be reduced by:
1. Incineration, provided that 90 percent or more of the carbon
in the organic material being incinerated is oxidized to carbon
dioxide, or
2. Adsorption, or
3. Processing in a manner determined by the Air Pollution Control
Officer to be not less effective than (1) or (2) above-.
f. A person incinerating, absorbing, or otherwise processing organic
materials pursuant to this rule shall provide, properly install and
maintain in calibration, in good working order and in operation,
devices as specified in the authority to construct or the permit to
operate, or as specified by the Air Pollution Control Officer, for
indicating temperatures, pressures, rates of flow or other operating
conditions necessary to determine the degree and effectiveness of
air pollution control.
-28-
-------
g. Any person using organic solvents or any materials containing organic
solvents shall supply the Air Pollution Control Officer, upon request
and 1n the manner and form prescribed by him, written evidence of the
chemical composition, physical properties and amount consumed for
each organic solvent used.
h. The provisions of this rule shall not apply to:
1. The manufacture of organic solvents, or the transport or storage
of organic solvents or materials containing organic solvents.
2. The use of equipment for which other requirements are specified
by Rules 410, 411, 412, and 413, or which are exempt from air
pollution control requirements by said rules.
3. The spraying or other employment of Insecticides, pesticides or
herbicides.
4. The employment, application, evaporation or drying of saturated
halogenated hydrocarbons or perch!oroethylene.
5. The use of any material, 1n any article, machine, equipment or
other contrivance described in sections (a), (b), (c), or (d), if:
;F (1) the volatile content of the material consists of only water
and organic solvents and
(2) the organic solvents content comprises not more than 20 per-
cent by volume of the total volatile content and
(3) the volatile content is not photochemically reactive and
(4) the organic solvent does not come into contact with flame.
6. The use of any material in any article, machine, equipment or
other contrivance described in sections (a), (b), (c) or (d) if:
(1) until January 1, 1977, the organic solvent content of a mater-
ial does not exceed 30 percent by volume of said material;
after January 1, 1977, the organic solvent content of such
material shall not exceed 20 percent by volume and .*:jf'
. i", '_ *•!'.'.'•''! • V
(2) the volatile content is not photochemically reactive as
defined in section (k) and ; •>
(3) the organic solvent content or any material containing
organic solvent does not come into contact with flame.
-29-
-------
i. For the purposes of this rule, organic solvents include diluents and
thinners and are defined as organic materials which are liquids at
standard conditions and which are used as dissolvers, viscosity reduc-
ers or cleaning agents, except that such materials exhibiting a boiling
point higher than 220 degrees at 0.5 millimeter mercury absolute prer-
sure or having an equivalent vapor pressure shall not be considered to
be solvents unless exposed to temperatures exceeding 220 degrees F.
j. For the purposes of this rule, a photochemically reactive solvent is
any solvent with an aggregate of more than 20 percent of its total
volume composed of the chemical compounds classified below or which
exceeds any of the following individual percentage composition limit-
ations, referred to the total volume of solvent:
(1) A combination of hydrocarbons, alcohols, aldehydes, esters,
ethers or ketones having an olefinic or cyclo-olefinic type
of unsaturation: 5 percent;
(2) A combination of aromatic compounds with eight or more carbon
atoms to the molecule except ethyl benzene: 8 percent;
(3) A combination of ethylbenzene, ketones having branched hydrocar-
bon structures trichloroethylene or tuoluene: 20 percent.
Whenever any organic solvent or any constituent of an organic
solvent may be classified from its chemical structure into more
than one of the above groups of organic compounds, it shall be
considered as a member of the most reactive chemical group; that
is, that group having the least allowable percentage of the total
volume of solvents.
k. For the purpose of this rule, organic materials are defined as chemical
compounds of carbon excluding carbon monoxide, carbon dioxide, carbonic
acid, metallic carbides, metallic carbonates and ammonium carbonate.
(50.4) RULE 409.1. Architectural Coatings
a. A person shall not sell or offer for sale or use in Fresno County in
containers of one quart capacity or larger, any architectural coating
containing a photochemically reactive solvent as defined in Rule 409
(k).
b. A person shall not employ, apply, evaporate or dry in Fresno County
any architectural coating purchased in containers of one quart
capacity or larger containing a photochemically reactive solvent, as
defined in Rule 409 (k).
c. A person shall not thin or dilute any architectural coating with a
photochemically reactive solvent as defined in Rule 409 (k).
-30-
-------
d. For the purposes of this rule, architectural coating is defined as a
coating used for residential or commercial buildings and their
appurtenances or industrial buildings.
(50.4) RULE 409.2. Disposal and Evaporation of Solvents
A person shall not during any one day dispose of a total of more than one
and one-half gallons of any photochemically reactive solvent as defined
in Rule 409 (k) or of any material containing more than one and one-half
gallons of any such photochemlcally reactive solvent into the atmosphere.
(51.16) RULE 410. Storage of Petroleum Products
A person shall not place, store or hold in any stationary tank, reservoir
or other container of more than 40,000 gallons capacity any gasoline or
any petroleum distillate having a vapor pressure of 1.5 pound per square
inch absolute or greater under actual storage conditions, unless such
tank, reservoir or other container is a pressure tank maintaining working
pressures sufficient at all times to prevent hydrocarbon vapor or gas
loss to the atmosphere, or is designed and equipped with one of the
following vapor loss control devices, properly installed, in good working
order and in operation:
a. A floating roof, consisting of a pontoon type or double-deck type roof,
resting on the surface of the liquid contents and equipped with a
closure seal, or scale, to close the space between the roof edge and
tank wall. The control equipment provided for in this paragraph shall
not be used if the gasoline or petroleum distillate has a vapor
pressure of 11.0 pounds per square inch absolute or greated under
actual storage conditions. All tank gauging and sampling devices
shall be gas-tight except when gauging or sampling is taking place.
b. A vapor recovery system, consisting of a vapor gathering system capable
of collecting the hydrocarbon vapors and gases discharged and a vapor
disposal system capable of processing such hydrocarbon vapors and gases
so as to prevent their omission to the atmosphere and with all tank
gauging and sampling devices gas-tight except when gauging or sampling
is taking place.
c. Other equipment of equal efficiency, provided such equipment is submit-
ted to and approved by the Air Pollution Control Officer.
-31-
-------
(51.16) RULE 411 Gasoline Transfer into Stationary Storage Containers
"Phase I" (Amended 11/26/74)
a. A person shall not transfer or permit the transfer of
gasoline from any tank truck or trailer into any stationary
container with a capacity of more than 250 gallons unless
such container is equipped with a submerged fill pipe
and unless 90 percent by volume of the gasoline vapors
displaced during the filling of the stationary container
are prevented from being released to the atmosphere under
one of the following conditions.
1. The displaced gasoline vapors or gases are processed
by a system that inluces (1) a vapor-tight liquid fill
connector, (2) a vapor-tight vapor return line to the
delivery vessel, and (3) a tank vent line equipped with
a device, or the system equipped with a device approved
by the Air Pollution Control Officer which will insure
that the vapor return line is connected before
gasoline can be transferred into the container.
2. Transfer is made to a storage container equipped as
described in Rule 410 (a), (b), or (c).
b. The provisions of Rule 411 (a) shall not apply to the
following:
1. The transfer of gasoline into stationary storage
containers used primarily for the fueling of implements
of husbandry, as such vehicles are defined in Division
16 (Section 36000 et seq) of the California Vehicle
Code, if such container is equipped by July 1, 1976,
with aHpermanent submerged fill pipe.
2. The transfer of gasoline into any stationary container
having a capacity of 2,000 gallons or less which was
installed prior to July 1, 1976; if such container
is equipped by July 1. 1976, with a permanent submerged
fill pipe.
3. The transfer of gasoline into any storage container
in existence prior to July 1. 1975. which is served by
a delivery vessel exempted by the Air Pollution Control
Officer pursuant to Section d-1 of this Rule, if such
container is equipped by July 1. 1976. with a permanent
submerged fill pipe!
-32-
-------
4. The transfer of gasoline into any stationary storage
container which the Air Pollution Control Officer
finds is equipped to control emissions at least as
effectively as required by this Rule.
5. The transfer of gasoline into any stationary storage
container in existence prior to July 1, 1975, which
is equipped with an offset fill pipe.
c. No person shall store gasoline in or otherwise use or
operate any gasoline delivery vessel unless such vessel
.is designed and maintained to be vapor tight. Any
delivery vessel into which gasoline vapors have been
transferred shall be refilled only at a loading facility
that is equipped with a system that presents at least
90 percent by weight of the gasoline vapors displacelTfroiTi
entering the atmosphere.
d. 1. The owner or operator or any bulk loading facility not
subject to the provisions of Rule 412 which was in
operation on or before July 1. 1975. and for which the
annual throughput to stationary storage containers that
id
are not exempted by Sections Cb) 1 and (b) 2does not
exceed 500.000 gallons, may petition the Air Pollution
it
Ai
Control Officer to have the facility's delivery vessels
and other independently owned gasoline delivery vessels "
which are exclusively serviced at such facility exempted
from the provisions of paragraph (c). The owner or
operator of such a facility must petition annually to
renew such exemptions.
2. A person shall not load gasoline into any delivery
vessel from any loading facility granted an exemption
pursuant to section (d-1) of this Rule unless, by
July 1. 1976. such delivery vessel is loaded through a
submerged fili pipe.
3. A person shall not operate any gasoline loading facility
which is not subject to the provisions of Rule 412
after July 1. 1976. unless;
(a) The facility is equipped with a system or systems
to prevent the release to the atmosphere of at
least 90 percent by weight of the gasoline vapors
displaced during the filling of the facility's
. stationary storage containers; and
-33-
-------
(b) The facility is equipped with a pressure-vacuum
valve on the stationary storage containers with
a minimum pressure valve setting of 15 ounces per
square Inch provided that such setting will not
exceed the containers maximum pressure rating.
e. 1. The owner or operator of any stationary storage container
or gasoline loading facility which is subject to this
Rule and which is Installed, constructed or replaced
on or after July 1, 1975, shall comply with the provi-
stions of this Rule at the time of installation.
2. The owner or operator of any stationary storage
container subject to this Rule which is operating or
in the process of being installed or constructed prior
to July 1, 1975, shall comply with the provisions of
this Rule by July 1, 1976, and shall comply with the
following schedule:
(a) By November 1, 1975 - Apply for an Authority to
Construct from the Air Pollution Control Officer
for the installation of the needed control system;
(b) By January 1, 1976 - Submit to the Air Pollution
Control Officer evidence that all necessary
contracts for the design, procurement, and
installation of the required emission control
system have been negotiated and signed, or evidence
that orders for the purchase of component parts
necessary to accomplish the necessary emission
control have been issued;
(c) By March 1, 1976 - Initiate onsite construction
or installation of emission control equipement
ant;
(d) By June 1, 1976 - Complete onsite construction or
installation of emission control equipment, and;
(d) By July 1, 1976 - Secure the Air Pollution Control
Officer's approval of the equipment installation.
f. 1. Any gasoline loading facility not subject to Rule 412
not granted an exemption pursuant to Section d-1 of
this~Rule and non-exempt accounts served by such a
facility shall comply with the provisions of this Rule
by January 1, 1977, and shall comply with the following
schedule:
-34-
-------
(a) By May 1. 1976 - Apply for an Authority to
Construct from the Air Pollution Control Officer
for the installation of the needed control system;
(b) By June 1. 1976 - Submit to the Air Pollution
Control Officer evidence that all necessary
contracts for the design, procurement, and install-
ation of the required emissions control systems have
been negotiated and signed, or evidence that orders
for the purchase of component parts necessary to
accomplish the necessary emission control have
been Issued;
(c) By September 1. 1976 - Initiate onslte construction
or Installation of emissions control equipment; and'
(d) By December 1. 1976 - Complete onslte construction
or Installation of emissions control equipment; and
(e) By January 1, 1977 - Secure the Air Pollution Control
Officer's approval of the equipment Installation.
g. Vapor-return and/or vapor recovery systems used to comply
with the provisions of this Rule shall comply with all safety
fire, weights and measures, and other applicable codes and/or
regulations.
h. 1. For the purpose of this Rule, the term "gasoline" is
defined as any petroleum distillate having a Reid vapor
pressure of 4 pounds or greater.
2. For the purposes of this Rule "gasoline vapors" means
the organic compounds in the displaced vapors including
any entrained liquid gasoline.
3. For the purposes of this Rule, the term "submerged fill
pipe" is defined as any fill pipe, the discharge opening
of which is entirely submerged when the liquid level
is 6 inches above the bottom of the contaner.
"Submerged fill pipe" when applied to a container which
is loaded from the side is defined as any fill pipe
the discharge openeing of which is entirely submerged
when the liquid level is 18 inches above the bottom of
the container.
-35-
-------
(51.16) RULE 411.1 Gasoline Transfer into Vehicle Fuel Tanks "Phase II"
TAmended 11/26/74)
a. A person shall not transfer or permit the transfer of
gasoline from any stationary storage container subject
to the provisions of Rule 411 (a) into any motor vehicle
fuel tank of greater than 5 gallons capacity unless such
transfer is made thorugh a fill nozzle which:
1. Is designed and operated to prevent the discharge
of gasoline vapors to the atmosphere from the vehicle
filler neck and fill nozzle.
2. Directs the displaced gasoline vapors through the
fill nozzle to a system that will prevent at least
90 percent by volume weight of such vapors from
entering the atmosphere.
3. Prevents fuel tank overfills and spillage on fill
nozzle disconnect.
b. For the purpose of this rule, the term "gasoline" is
defined as any petroleum distillate having a Reid vapor
pressure of 4 pounds or greater.
c. For the purposes of this Rule "motor vehicle" is defined
as any vehicle registered with the State Department of
Motorr Vehicles"!
d. Gasoline dispensing equipment used to comply with the
provisions of this rule shall comply with all applicable
safety, fire weights and measures, and other applicable
codes and/or regulations.
e. Any gasoline dispensing system sub.iect to this rule,
installed on or after July.l, 1975, shall comply with the
provisions of this rule at the time of installation.
f. Any gasoline dispensing system subject to this rule,
installed on in the process of being installed prior
to July 1, 1975, shall comply with the provisions of this
rule by May 31, 197 and the owner or operator of such
system shall comply with the following schedule:
1. By November 1, 1975 - Apply for an Authority to
Construct from the Air Pollution Control Officer for
the installation of the needed control system;
-36-
-------
2. By January 1, 1976 - Submit to the Air Pollution
Control Officer evidence that all necessary contracts
for the design, procurement, and installation of
the required emissions control systems have been
negotiated and signed, or evidence that orders for
the purchase of component parts necessary to accomplish
the necessary emission control have been issued;
3. By March 1, 1976 - Initiate onsite construction or
installation of emission control equipment;
4. By May 1, 1977 - Complete onsite construction or
installation of emission control equipment; and
5. By May 31, 1977 - Secure the Air Pollution Control
Officer's approval of all equipment and a Permit to
Operate.
This rule shall apply only to the loading of organic liquids having a
vapor pressure of 1.5 pounds per square inch absolute or greater under
actual loading conditions at a facility from which at least 20,000
gallons of such organic liquids are loaded in any one day.
"Loading Facility," for the purpose of this rule, shall mean any
aggregation or combination of organic liquid loading equipment which
is both (1) possessed by one person, and (2) located so that all the
organic liquid loading outlets for such aggregation or combination
of loading equipment can be encompassed within any circle of 300 feet in
diameter.
(51.16) RULE 412 Organic Liquid Loading A person shall not load organic liquids
having a vapor pressure of 1.5 pounds per square inch absolute or greater
under actual loading conditions into any tank truck, trailer, or railroad
tank car from any loading facility unless the loading facility is equipped
with a vapor collection and disposal system or its equivalent approved by
the Air Pollution Control Officer.
Loading shall be accomplished in such a manner that all displaced vapor
and air will be vented only to the vapor collection system. Measures
shall be taken to prevent liquid drainage from the loading device when it
is not in use or to accomplish complete drainage before the loading device
is disconnected.
The vapor disposal portion of the vapor collection and disposal system
shall consist of one of the following:
a. An absorber system or condensation system which processes
all vapors and gases from the equipment being controlled.
-37-
-------
b. A vapor handling system which directs all vapors to
a fuel gas system.
c. Other equipment of an efficiency equal to or greater than
(a) or (b) if approved by the Air Pollution Control Office,
(51.16) RULE 413 Effluent Oil Water Separators
A person shall not use any compartment of any vessel or device operated
for the recovery of oil from effluent water which recovers 200 gallons a
day or more of any petroleum products from any equipment which processes,
refines, stores, or handles hydrocarbons with a Reid vapor pressure of
0.5 pounds or greater, unless such compartment is equipped with one of
the following vapor loss control devices, except when gauging or sampling
is taking place:
a. A solid cover with all openings sealed and totally
enclosing the liquid contents of that compartment.
b. A floating pontoon or double-deck type cover, equipped
with closure seals, to enclose any space between the cover's
edge and compartment wall.
c. A vapor recovery system which reduces the emission of all
hydrocarbon vapors and gases into the atmosphere by at
least 90 percent by weight.
d. Other equipment of an efficiency equal to or greater than
(a), (b), or (c) if approved by the Air Pollution Control
Officer.
This rule shall not apply to any oil-effluent water separator used exclusively
in conjunction with the production of crude oil, if the water fraction of
the oil-water effluent entering the separator contains less than 5 parts
per million hydrogen sulfide, organic sulfides, or a combination thereof.
(51.21) RULE 414 Reduction of Animal Matter
A person shall not operate or use any article, machine, equipment or other
contrivance for the reduction of animal matter unless all gases, vapors
and gas-entrained effluents from such an article, machine, equipment or
other contrivance are:
a. Incinerated at temperatures of not less than 1200 degrees
Fahrenheit for a period of not less than 0.3 seconds, or
b. Processed in such a manner determined by the Air Pollution
Control Officer to be equally, or more, effective for the
purpose of air pollution control than (a) above.
-38-
-------
A person incinerating or processing gases, vapors or gas-entrained
effluents pursuant to this rule shall provide, properly install and main-
tain in calibration, in good working order and in operation devices,
as specified in the authority to construct or permit to operate as
specified by the Air Pollution Control Officer, for indicating temper-
ature, pressure, or other operating conditions.
For the purpose of this rule, "reduction" is defined as any heated
process, including rendering, cooking, drying, dehydration, digesting,
evaporating and protein concentrating.
The provisions of this rule shall not apply to any article, machine,
equipment or other contribance used exclusively for the processing of
food for human consumption.
(51.13) RULE 415 Open Burning
No person shall burn any refuse or other material in an open outdoor
fire within the boundaries of the Fresno County A1r Pollution Control
District.
(51.13) RULE 416 Exceptions
The exceptions to the Open Burning Rule 415 are as follows:
a. When such fire is set or permission for such fire is
given in the performance of the official duty of any public
officer, and such fire in the opionion of such officer is
necessary for the purpose of the prevention of a fire
hazard which cannot be abated by any other means, or for
the instruction of public or Industrial employees or
volunteer fireman 1n methods of fire fighting.
b. Safety flares for the combustion of waste gases.
c. Fires used only for cooking of food for human beings.
d. When the material to be burned 1s residential rubbish
and originates on and is being burned on premises not
served by an organized solid waste disposal service, or avail-
able to a disposal site.
e. Backfires or other fire control methods used for the purpose
of controlling an existing wild fire.
f. These exceptions shall not apply to the burning of rubbish
of any indstrial, commercial or institutional facility
wherever located or to a residential facility constructed
for the use of more than two families.
-39-
-------
Burning for right-of-way clearing, levee and ditch bank
maintenance, or open burning at dumps by a public entity rr
utility when a permit is obtained from the Air Pollution
Control District. This exception shall be subject to all
the provisions of Rule 416.1.
Conducting agricultural operations in the growing of
crops or raising of fowl, animals, or bees on a farm for
the primary purpose of making a profit or for a livelihood;
forest management; or range improvement subject to all the
requirements in Rule 416.1.
(51.13) RULE 416.1 Agricultural Burning
a. General Definitions
1. Agricultural burning means open outdoor fires used in
agricultural operations in the growing of crops or
raising of fowl or animals, forest management, or
range improvement, of land for wildlife and game
habitat.
2. Open burning in agricultural operations in the growing
of crops or raising of fowl or animals means:
(a) The burning in the open of materials produced
wholly from operations in the growing and harvesting
of crops or raising of fowl or animals for the
primary purpose of making a profit, of providing
a livelihood, or of conducting agricultural
research or instruction by an educational insti-
tution; and
(b) In connection with operations qualifying under
subdivision (a):
(1) This also Includes, for the purpose of
cultural practice burns, the buring of fence
rows and ditch banks for weed control and weed
abatement and burning in nontillage orchard
operations.
(2) The burning of materials not produced wholly
from such operation, but which are intimately
related to the growing or harvesting of crops
and which are used in the field, except as
prohibited by District regulations. Examples
are trays for drying raisins and pesticide
and fertilizer sacks which are emptied in the
field.
-40-
-------
3. Range Improvement burning means the use of open fires to
remove vegetation for a wildlife, game or livestock
habitat or for the initial establishment of an agricul-
tural practice on previously uncultivated land.
4. Forest management burning means the use of open fires
as part of a forest management practice, to remove forest
debris. Forest management practices include timber
operations, silvicultural practices or forest protection
practices.
5. Brush treated means that the material to be burned has
been felled, crushed or uprooted with mechanical equip-
ment or has been desiccated with herbicides.
6. Timber operations means cutting or removal of timber or
other forest vegetation for the purpose of producing
commercial forest products.
7. Silvicultural means the establishemnt development, care
and reproduction of stands of timber.
8. Board means the State Air Resources Board or any person
authorized to act on its behalf.
9. Designated agency means any agency designated by the
Board as having authority to issue agricultural burning
permits. The U.S. Forest Service and the California
Division of Forestry are so designated within their
respective areas of jurisdiction.
10. A no-burn day means any day on which agricultural
burning 1s prohibited by the Board.
11. A permissive-burn day means any day on which agricultural
burning is not prohibited by the Board.
12. District means the A1r Pollution Control District of
Fresno County.
13. Approved ignition devices include those instruments or
materials that will ignite agricultural waste without
the production of black smoke by the ignition device.
This would include such items as liquid petroleum gas,
butane, propane or diesel oil burners and flares but does
not include the use of tires, tar paper, oil, and other
similar materials.
-41-
-------
b. Prohibitions - General
1. No person shall knowingly set or permit agricul-
tural burning unless he has a valid permit from
the fire control agency designated by the Air Pollu-
tion Control Board to issue such permits in the
area where the agricultural burn will take place.
(a) Each fire control agency so designated by the
Board shall issue agricultural burning psrmits
subject to the rules and regulations of the
Board and the District.
2. A permit shall not be issued to an applicant unless
information is provided as required by the designated
fire protection agency for fire protection purposes.
3. A permit shall not be issued to an applicant unless
information is provided as required by the District.
4. No burn shall be conducted unless a notice of intent
is given by the permittee to the fire control agency
having jurisdiction over the site of the proposed
burn.
5. A permit shall not be valid for any day during a
period in which agricultural burning is prohibited
by the Board.
6. A permit shall not be valid for any day in which
burning is prohibited by the designated fire control
agency having jurisdiction over the site of the burn
for the purposes of fire control or prevention.
7. No material shall be burned unless it is free of
tires, rubbish, tar paper, construction debris, used
pesticide containers except sacks and any material
that is not produced in any agricultural operation.
8. Material stacked for burning shall not be burned
unless it is loosely stacked in such a manner as to
promote drying and insure combustion with a minimum
of smoke production.
9. Material shall not be burned unless it is free of
excessive dirt, soil and visible surface moisture.
10. No material to be burned shall be ignited with an
unapproved ignition device.
-42-
-------
11. Material shall not be burned unless it has been
allowed to dry for the following minimum time
periods:
(a) Open burning in agricultural operations
(1) Rice Stubble: 4/days following harvest
(2) Dry Cereals: 0 days
(3) Prunings and Small Branches: 3 weeks
(4) Large Branches and Grees: 6 weeks
(b) Range improvement burning
(1) Treated Brush and Unwanted Trees:
6 months
(c) Forest management burning
(1) As required by designated agency issuing ,
the permit
12. No material shall be burned except during daylight
hours, and all burning shall be terminated by sunset
of each day. No material shall be added to an exist-
ing fire after 3 p.m., Pacific Standard Time (unless
an exception has been granted).
13. No agricultural burning shall be permitted which
will create a nuisance as defined in Section 24243
of the California State Health and Safety Code.
14. All burning shall be ignited as rapidly as practi-
cable within applicable fire control restrictions.
15. The Control Officer may restrict agricultural
burning to selected permittees on designated burn
days if the total tonnage to be ignited would
discharge a volume of contaminants into the atmos-
phere sufficient to cause adverse conditions.
c. Prohibitions - Range Improvement Burning
'•'*$)Ł3$ No brush or unwanted trees shall be burned unless
"""•;"- it has been brush^.ibrjeated at least six months prior
to the burn proy,i,&dtthat it is economically and
technically - ^';* s
-43-
-------
2. If the burning is to be done primarily for improve-
ment of land for wildlife and game habitat, no pjrmit
shall be issued unless the applicant has filed
with the District a statement from the Department
of Fish and Game certifying that the burn is
desirable and proper.
d. Prohibitions - Forest Management Burning
1. Unless good siIvicultural practice dictates other-
wise, material shall not be burned until it has
been windrowed or piled where possible.
e. Exceptions
1. Exception to Rule 416.1 (b-5 and b-11) The Air
Pollution Control Officer may grant an exception
to allow burning on a No-Burn Day so designated
by the Board, and in certain situations to allow
burning to continue past sunset of each day.
The granting of an exception does not exempt the
applicant from any other district or fire control
regulation.^ The applicant shall submit in writing,
on the form provided, his reasons for the exception.
The Air Pollution Control Officer may seek the advice
of the County Agricultural Commissioner, the County
Farm Advisor, or other informed sources.
2. Agricultural burning at 4,000 feet or more above
sea level is except from Rule 416.1 (b-5).
3. Empty sacks which contained pesticides or other
toxic substances may be burned on a no-burn day
providing the sacks are within the definition of
"open burning 1n agricultural operations in the
growing of crops or raising of fowl or animals."
f. Penalty
1. A violation of the provisions of these rules and
regulations is a misdemeanor punishable by imprison-
ment in the county jail not exceeding six (6) months
or by fine not exceeding five hundred dollars
($500), or both, and the cost of putting out the
fire. Every day during any portion of which such
violation occurs constitutes a separate offense.
-44-
-------
(51.9) RULE 417 Incinerator Burning
A person shall not burn in any incinerator within the Fresno County
Air Pollution Control District except in a multiple-chamber incinerator
as described in Rule 102(s), or in equipment found by the Control
Officer to be equally effective for the purpose of air pollution control
as an approved multiple-chamber incinerator. The incineration of
residential rubbish as permitted in Rule 416(d) shall be conducted in
accordance with the Uniform Fire Code.
(50.7) RULE 418 Nuisance
A person shall not discharge from any source whatsoever such quantities
of air contaminants or other material which cause injury, detriment,
nuisance or annoyance to any considerable number of persons or to the
public or which endanger the comfort, repose, health or safety of any
such person or the public or which cause or have a natural tendency to
cause injury or damage to business or property.
(2.0) RULE 419 Exception
The provisions of Rule 418 do not apply to odors emanating from
agricultural operations in the growing of crops or raising of fowl or
animals.
(51.1) RULE 420 Orchard Heaters
a. Definition "Orchard Heater" means any article, machine,
equipment, or other contrivance burning any type of fuel,
or charcoal briquettes or similar substances burned by an
open flame, capable of being used for the purpose of giving
protection from frost damage. For' the purpose of this rule,
"Orchard Heater" shall include heaters used for frost
protection for orchards, vineyards, field crops and truck
crops. The contrivance commonly known as a wind machine is
not included.
b. No new orchard heater produced or manufactured shall be
sold for use against frost damage after January 1, 1971,
unless it has been approved1 by the State Air Resources
Board.
c. No person shall use any orchard heater after January 1, 1973,
unless 1t has been approved by the State Air Resources
Board or does not produce more than one gram per minute
of unconsumed solid carbonaceous material.
d. It shall be unlawful to sell, or offer to sell for frost
protection any orchard heater which does not comply with
Rule 420(c).
-45-
-------
e. All orchard heaters shall be maintained in reasonably clean
condition, good repair and working order. Whenever orchard
heaters are burning, they must be adequately attended and
supervised to maintain the condition, adjustment and proper
operation of the orchard heaters.
f. It shall be unlawful for any person, for the purpose of
frost protection, to burn any rubber, rubber tires, or
other substance containing rubber, or to burn oil or other
combustible substances in drums, pails, or other containers
except orchard heaters.
(10.0) RULE 422 & 423 New Source Performance Standards and Emission Standards
(11.0) for Hazardous Air Pollutants
Definitions
"Affected Facility" means any apparatus to which a standard is applicable.
"Commenced" means that an owner or operator has undertaken a continuous
program of construction of modification or that an owner or operator has
entered into a contractual obligation to undertake and complete, within
a reasonable time, a continuous program of construction or modification.
"Construction" means fabrication, erection, or installation of an affected
facility.
"Modification" means any physical change in, or change in the method of
operation of, an affected facility which increases the amount of any
air pollutant (to which a standard applies) emitted by such facility or
which results in the emission of any air pollutant (to which a standard
applies) not previously emitted, except that:
1. Routine maintenance, repair, and replacement shall not be
considered physical changes, and
2. The following shall not be considered a change in the method
of operation:
a. An increase in the production rate, if such increase does
not exceed the operating design capacity of the affected
facility;
b. An increase in hours of operation;
c. Use of an alternative fuel or raw material if, prior to
the date any new source performance standard becomes
applicable to such facility, the affected facility is
designed to accomodate such alternative use.
-46-
-------
"Owner or Operator" means any person who owns, leases, operates, con-
trols, or supervises an affected facility or a stationary source of
which an affected facility is a part.
"Shutdown" means the cessation of operation of an affected facility
for any purpose.
"Startup" means the setting in operation of an affected facility
for any purpose.
-47-
-------
STANDARD 1
(2.0) GENERAL PROVISIONS NEW SOURCE PERFORMANCE STANDARDS
ilO.O)
A. 1. Any owner or operator subject to the provisions of these standards
shall furnish the control officer written notification as
follows:
a. A notification of the anticipated date of initial startup of
an affected facility not more than 60 days or less than
30 days prior to such date.
b. A notification of the actual date of initial startup of an
affected facility within 15 days after such date.
2. Any owner or operator subject to the provisions of these standards
shall maintain for a period of 2 years a file of all measurements,
including monitoring and performance testing measurements, and all
other reports and records required by all applicable subparts.
3. Any owner or operator subject to the provisions of these standards
shall maintain for a period of 2 years a record of the occurrence
and duration of any startup, shutdown, or breakdown and report'
them in accordance to Rule 112 and the requirements of the
individual standards.
B. 1. Within 60 days after achieving the maximum production rate at
which the affected facility will be operated but not later than
180 days after initial startup of such facility and at such
other times as may be required by the control officer, the owner
or operator of such facility shall conduct performance test(s)
and furnish the control officer a written report of the results of
, such performance test(s). The control officer may, at his option,
conduct the required performance tests.
2. Performance tests shall be conducted and data reduced in accord-
ance with the test methods and procedures prescribed by the
control officer.
3. Performance tests shall be conducted under such conditions as the
control officer shall specify to the plant operator based on
representative performance of the affected facility. The owner
or operator shall make available to the control officer such
records as may be necessary to determine the conditions of the
performance tests. Operations during period of startup, shutdown,
and breakdown shall not constitute representative conditions of
performance tests unless otherwise specified in the applicable
standard.
-48-
-------
4. The owner or operator of an affected facility shall, provide
the control officer 30 days prior notice of the performance test
to afford the control officer the opportunity to have an
observer present.
5. Each performance test shall consist of three separate runs. For
the purpose of determining compliance with an applicable standard,
the arithmetic means of results of the three runs shall apply.
In the event that a sample is accidentally lost or conditions
occur in which one of the three runs must be discontinued because
of forced shutdown, failure of an irreplaceable portion of the
sample train, extreme meteorological conditions, or other
circumstances beyond the owner or operator's control, compliance
may, upon the control officer's approval, be determined using the
arithmetic mean of the results of the two other runs.
C. 1. Compliance with these standards other than opacity standards,
shall be determined only by performance tests established by
paragraph B of this standard except where performance tests are
not specified.
-49-
-------
STANDARD 2
(10.0) STANDARDS OF PERFORMANCE FOR FOSSIL FUEL-FIRED STEAM GENERATORS
\ D I • D )
DEFINITIONS
"Fossil fuel-fired steam generating unit" means a furnance or boiler
used in the process of burning fossil fuel for the purpose of producing
steam by heat transfer.
"Fossil fuel" means natural gas, petroleum coal, and any form of solid,
liquid, or gaseous fuel derived from such materials for the purpose
of creating useful heat.
EMISSION STANDARD
This standard applies to all fossil fuel-fired steam generating units, the
construction or modification of which commenced after August 17,1971, of
more than 250 million B.T.U. per hour heat input. Any change to an
existing fossil fuel-fired steam generating unit to accomodate the use
of combustible materials, other than fossil fuels as defined in this
standard shall not bring that unit under the applicability of this
standard.
1. On and after the date on which the performance test required to be
conducted by Standard I.B.I, is completed, no owner or operator
subject to the provisions of this standard shall cause to be
discharged into the atmosphere from any affected facility any
gases which:
a. Contain particulate matter in excess of 0.10 Ib. per million
B.T.U. heat input derived from fossil fuel.
b. Exhibit 20% opacity or greater except that a maximum of 40%
opacity shall be permissible for not more than 2 minutes in
any one hour. Where the presence of uncombined water is the
only reason for failure to meet the requirements of this
paragraph, such failure shall not be a violation of this
standard. The burden of proof which establishes the applica-
tion of this standard shall be upon the person seeking to come
within its provisions.
2. On and after the date on which the performance test required to be
conducted by Standard I.B.I, is completed, no owner or operator
subject to the provisions of this standard shall cause to be dis-
charged into the atmosphere from any affected facility any gases
which contain sulfur dioxide in excess of:
-50-
-------
a. 0.80 Ib. per million B.T.U. heat Input when liquid fossil
fuel Is burned.
b. 1.2 Ibs. per million B.T.U. heat Input when solid fossil
fuel 1s burned.
c. Where different fossil fuels are burned simultaneously in
any combination, the applicable standard shall be
determined by proration using the following formula:
y (0.80) + z (1.2)
where:
y 1s the percent of total heat Input derived from
liquid fossil fuel,
z is the percent of total heat Input derived from
solid fossil fuel.
d. Compliance shall be based on total heat input from all fossil
fuels burned, Including gaseous fuels.
3. On and after the date on which the performance test required
to be conducted by Standard I.B.I. 1s completed, no owner or
operator subject to the provisions of this standard shall
cause to be discharged into the atmosphere from any affected
facility any gases which contain nitrogen oxides, expressed
as N02, in excess of:
a. 0.20 Ib. per million B.T.U. heat input when gaseous fossil
fuel is burned.
b. 0.30 Ib. per million B.T.U. heat input when liquid fossil
fuel 1s burned.
c. 0.70 Ib. per minion B.T.U. heat input when solid fossil
fuel (except lignite) is burned.
d. Where different fossil fuels are burned simultaneously in
any combination, the applicable standard shall be determined
by proration using the following formula:
x(0.20) + y(0.30) + z(0.70)
x + y + z
-51-
-------
where:
x is the percent of total heat Input derived from
gaseous fossil fuel,
y is the percent of total heat input derived from
liquid fossil fuel, and
z is the percent of total heat input derived from
solid fossil fuel (except lignite).
MONITORING
1. There shall be Installed, calibrated, maintained, and operated,
in any fossil fuel-fired steam generating unit subject to the
provisions of this part, emission monitoring instruments as follows:
a. A photoelectric or other type smoke deterector and recorder,
except where gaseous fuel 1s the only fuel burned.
b. An Instrument for continuously monitoring and recording
sulfur dioxide emissions, except where gaseous fuel is the
only fuel burned, or where compliance is achieved through
low sulfur fuels and representative sulfur analysis of fuels
are conducted daily in accordance with paragraph 3. or 4. of
this section. Analysis of all fuel received may be substituted
for daily fuel analysis if this will assure accurate knowledge
of sulfur content of fuel as burned. When fuels must be blended
to achieve compliance sulfur analysis of fuels may not be used,
and S02 emission monitoring 1s required.
c. An Instrument for continuously monitoring and recording
emissions of nitrogen oxides.
2. Instruments and sampling systems installed and used pursuant to
this section shall be capable of monitoring emission levels within
+2Q percent with a confidence level of 95 percent and shall be
calibrated in accordance with the method(s) prescribed by the
manufacturer(s) of such instruments: instruments shall be subjected
to manufacturer's recommended zero adjustment and calibration
procedures at least once per 24-hour operating period unless the
manufacturers) specifies or recommends calibration at shorter
intervals, in which case such speicifications or recommendations
shall be followed.
3. The sulfur content of solid fuels, as burned, shall be determined
in accordance with the following methods of the American Society
for Testing and Materials:
-52-
-------
a. Mechanical sampling by Method D 2234-65.
b. Sample preparation by Method 0 2013-65.
c. Sample analysis by Method 0 271-68.
4. The sulfur content of liquid fuels, as burned, shall be
determined in accordance with the American Society for
Testing and Materials Methods D 1551-68, or 0 129-64, or 0 1352-64.
5. The rate of fuel burned for each fuel shall be measured dally
or at shorter internals and recorded. The heating value and
ash content of fuels shall be ascertained at least once per
week and recorded. Where the steam generating unit is used to
generate electricity, the average electrical output and the
minimum and maximum hourly generation rate shall be measured
and recorded daily.
6. For the purpose of reports required pursuant to Standard l.A.
periods of excess emissions that shall be reported are defined
as follows:
a. Opacity. All hourly periods during which there are three or
more one-minute periods when the average opacity equals or
exceeds 20 percent.
b. Sulfur Dioxide. Any two consecutive hourly periods during
which average sulfur dioxide emissions exceed 0.80 pound per
million B.T.U. heat input for liquid fossil fuel burning
equipment or exceed 1.2 pound per million B.T.U. heat input
for solid fossil fuel burning equipment; or for sources which
elect to conduct representative analyses of fuels in accordance
with paragraph 3 or 4 of this section in lieu of installing
and operating a monitoring device pursuant to paragraph l.b.
of this section, any calendar day during which fuel analysis
shows that the limits of paragraph 2 (emission standard) are
exceeded.
c. Nitrogen Oxides. Any two consecutive hourly periods during
which the average nitrogen oxides emissions exceed 0.20 pound
per million B.T.U. heat input for gaseous fossil fuel burning
equipment, or exceed 0.30 pound per million B.T.U. for liquid
fossil fuel burning equipment, or exceed 0.70 pound per million
B.T.U. heat input for solid fossil fuel burning equipment.
TEST PROCEDURE
(See Standard l.B. for performance test requirements)
Emissions shall be tested according to the method(s) listed in 40 CFR
60.46, dated December 23, 1971, or by District test procedures which are
approved as equivalent.
-53-
-------
STANDARD 3
10.0) STANDARD OF PERFORMANCE FOR INCINERATORS
51.9)
DEFINITIONS
"Day" means 24 hours.
"Incinerator" means any furnace used 1n the process of burning solid waste
for the purpose of reducing the volume of the waste by removing combus-
tible matter.
"Solid Waste" means refuse more than 50 percent of which is minicipal
type waste consisting of a mixture of paperk wood, yard wastes, food
wastes, plastics, leather, rubber, and other combustibles, and non-
combustible materials such as glass and rock.
EMISSION STANDARD
This standard applies to solid waste incinerators, the construction or
modification of which commenced after August 17, 1971, or more than 50 tons
per day charging rate.
On and after the date on which the performance test required to be con-
ducted by Standard I.B.I. 1s completed, no owner or operator of a solid
waste Incinerator subject to this standard shall cause to be discharged into
the atmosphere any gases which contain particulate matter in excess of
0.08 grains per dry standard cubic foot corrected to 12T C02.
MONITORING
The owner or operator of any incinerator subject to the provisions of
this standard shall record the dally charging rates and hours of operation.
TESTING PROCEDURE
(See Standard l.B for performance test requirements)
Emissions shall be tested according to the method(s) listed in 40 CFii 60.54,
dated December 23, 1971, or by District test procedures which are approved
as equivalent.
-54-
-------
(10.0)
(51.3)
STANDARD 4
STANDARDS OF PERFORMANCE FOR PORTLAND CEMENT PLANTS
DEFINITIONS
"K1ln feed" means all material except fuels entering the kiln measured
on a dry basis.
"Portland cement plant" means any facility manufacturing port!and cement
by either the wet or dry process.
EMISSION STANDARD
This standard applies to the following affected facilities in portland
cement plants the construction or modification of which commenced after
August 17, 1971: kiln, clinker cooler, raw mill system, finish mill
system, raw mill dryer, raw material storage, clinker storage, finished
product storage, conveyor transfer points, bagging and bulk loading and
unloading systems.
On and after the date on which the perofrmance test required to be con-
ducted by Standard I.B.I, is completed, no owner or operator subject
to the provisions of this standard shall cause to be discharged into
the atmosphere:
1. Gases from any kiln which:
a. Contain particulate matter in excess of 0.30 Ib. per ton of
feed to the kiln.
b. Exhibit 20% opacity or greater.
2. Gases from a clInker cooler which:
a. Contain particulate matter in excess of 0.10 Ib. per ton of
feed to the kiln.
b. Exhibit 10% opacity or greater.
3. Gases from any affected facility other than the kiln and clinker
cooler which exhibit 10* opacity or greater.
4. Where the presence of uncomblned water 1s the only reason for
failure to meet the requirements of paragraphs l.b. and 2.b, and
3, such failure will not be a violation of this standard. The
burden of proof which establishes the application of this
standard shall be upon the person seeking to come within its
provisions.
-55-
-------
MONITORING
The owner or operator of any portland cement plant subject to the
provisions of this standard shall record the daily production rates
and kiln feed rates.
TESTING PROCEDURE
(See Standard l.B. for performance test requirements)
Emissions shall be tested according to the method(s) listed in 40 CFR 60.64,
dated December 23, 1971, or by District test procedures which are approved
as equivalent.
-56-
-------
STANDARD 5
(10.0) STANDARDS OF PERFORMANCE FOR NITRIC ACID PLANTS
(51.10)
DEFINITIONS
"Nitric acid production unit" means any facility producing weak nitric
acid by either the pressure or atmospheric pressure process.
"Weak nitric acid" means acid which is 30 to 70 percent in strength.
EMISSION STANDARD
This standard applies to nitric acid plants, the construction or modifi-
cation of which commenced after August 17, 1971.
On and after the date on which the performance test required to be
conducted by Standard I.B.I, is completed, no owner or operator
subject to the provisions of this standard shall cause to be discharged
into the atmosphere from any affected facility any gases which:
1. Contain nitrogen oxides, expressed as N0_, in excess of 3 Ibs.
per ton of acid produced, the production being expressed as 100%
nitric acid.
2. Exhibit ten percent opacity or greater. Where the presence
of uncombined water is the only reason for failure to meet this
requirement, such failure shall not be considered a violation
of this standard. The burden of proof which establishes the
application of this standard shall be upon the person seeking
to come within its provisions.
MONITORING
There shall be installed, calibrated, maintained, and operated, in any
nitric acid production unit subject to the provisions of this standard,
an instrument for continuously monitoring and recording emissions of
nitrogen oxides.
The Instrument and sampling system installed and used pursuent to
this section shall be capable of monitoring emission levels within
+20 percent with a confidence level of 95 percent and shall be calibrated
in accordance with the method(s) prescribed by the manufacturer(s) of
such instrument, the Instrument shall be subjected to manufacturers
recommended zero adjustment and calibration procedures at least once per
24-hour operating period unless the manufacturer^) specifies or
recommends calibration at shorter intervals in which case such specifica-
tions or recommendations shall be followed.
-57-
-------
Production rate and hours of operation shall be recorded daily.
For the purpose of making written reports pursuent to Standard l.A.
periods of excess emissions that shall be reported are defined as any
two consecutive hourly periods during which average nitrogen oxides
emissions exceed 3 pounds per ton of add produced.
TESTING PROCEDURE
(See Standard 1.B for performance test requirements)
Emissions shall be tested according to the method(s) listed in
40 CFR 60.74, dated December 23, 1971, or by District test procedures
which are approved as equivalent.
-58-
-------
STANDARD 6
(10.0) STANDARDS OF PERFORMANCE FOR SULFURIC ACID PLANTS
(51.18)
DEFINITIONS
, "Add mist" means sulfuric acid mist, as measured by test methods set
forth in these standards or equivalent or alternative methods.
"Sulfuric acid production unit" means any facility producing sulfuric
add by the contact process by burning elemental sulfur, alkylation
acid, hyrogen sulfide, organic sulfides and mercaptans, or add sludge,
but does not Include facilities where conversion to sulfuric acid is
utilized primarily as a means of preventing emissions to the atmosphere
of sulfur dioxide or other sulfur compounds.
EMISSION STANDARD
This standard applies to sulfuric acid plants, the construction or modi-
fication of which commenced after August 17, 1971.
On and after the date on which the performance test required to be
conducted by Standard I.B.I 1s completed, no owner or operator subject
to the provisions of this standard shall cause to be discharged into the
atmosphere from any affected facility any gases which:
1. Contain sulfur dioxide in excess of 4 Ib. per ton of acid
produced, the production being expressed as 100% H2S04;
2. Contain add mist, expressed as hUSO^ in excess of 0.15 Ib.
per ton of acid produced, the production being expressed as
100% H2S04;
3. Exhibit 10 percent opacity or greater. Where the presence of
uncombined water 1s the only reason for failure to meet this
requirement, such failure shall not be considered a violation of
this standard. The burden of proof which establishes the
application of this standard shall be upon the person seeking
to come within its provisions.
MONITORING
There shall be installed, calibrated, maintained, and operated, in any
sulfuric acid production unit subject to the provisions of this subpart,
an instrument for continuously monitoring and recording emissions of
sulfur dioxide.
-59-
-------
The instrument and sampling system installed and used pursuant to this
section shall be capable of monitoring emission levels within +.20 percent
with a confidence level of 95 percent and shall be calibrated in
accordance with the method(s) prescribed by the mnaufacturer(s) of such
instrument, the instrument shall be subject to manufacturers recommended
zero adjustment calibration procedures at least once per 24-hour operating
period unless the manufacturer(s) specifies or recommends calibration
at shorter intervals* in which case such specifications or recommendations
shall be followed.
Production rate and hours of operation shall be recorded daily.
For the purpose of making written reports pursuant to Standard l.A.
periods of excess emissions that shall be reported are defined as any
two consecutive hourly periods during which average sulfur dioxide emissions
exceed 4 pounds per ton of acid produced.
TESTING PROCEDURE
(See Standard l.B for performance test requirements)
Emissions shall be tested according to the method(s) listed in 40 CFP 60.85,
dated March 8, 1974, 'or by District test procedures which are approved
as equivalent.
-60-
-------
STANDARD 7
10.0) STANDARDS OF PERFORMANCE FOR ASPHALT CONCRETE PLANTS
51.8)
DEFINITIONS
"Asphalt concrete plant" means any facility, as described below, used to
manufacture asphalt concrete by heating and drying aggregate and mixing
with asphalt cement.
EMISSION STANDARD
This standard applies to asphalt concrete plants, the construction or
modification of which commenced after June 11, 1973. For the purpose of
this standard, an asphalt concrete plant 1s comprised only of any combination
of the following: Dryers; sytems for screening, handling, storing, and
weighing hot aggregate; systems for loading, transferring, and storing
mineral filler; systems for mixing asphalt concrete; and the loading,
transfer, and storage systems associated with emission control systems.
On and after the date on which the performance test required to be
conducted by Standard I.B.I. Is completed, no owner or operator subject
to the provisions of this standard shall cause to be discharged Into the
atmosphere from any affected facility any gases which:
1. Contain partlculate matter 1n excess of 0.04 gr/dscf.
2. Exhibit 20 percent opacity, or greater. Where the presence of
uncombined water 1s the only reason for failure to meet the require-
ments of this paragraph, such failure shall not be a violation of
this standard. The burden of proof which establishes the
application of this standard shall be upon the person seeking
to come within Its provisions.
TESTING PROCEDURE
(See Standard l.B for performance test requirements)
Emissions shall be tested according to the method(s) listed In 40 CFR 60.93,
dated March 8, 1974, or by District test procedures which are approved
as equivalent.
-61-
-------
STANDARD 8
(10.0) STANDARDS OF PERFORMANCE FOR PETROLEUM REFINERIES
(51.15)
DEFINITIONS
"Coke burn-off" means the coke removed from the surface of the fluid
catalytic cracking unit catalyst by combustion in the catalyst
regenerator. The rate of coke burn-off Is calulated by the formula
specified in 40 CFR 60.106 dated March 8, 1974.
"Fuel gas" means any gas which is generated by a petroleum refinery
process unit and which is combuted, Including any gaseous mixture of
natureal gas and fuel gas which 1s combusted.
"Fuel gas combustion device" means any equipment, such as process heaters,
boilers and flares used to combust fuel gas, but does not Include
fluid coking unit and fluid catalytic cracking unit Incinerator-waste
heat boilers or facilities in which gases are combusted to produce sulfur
or sulfuric acid.
"Petroleum" means the crude oil removed from the earth and the oils
derived from tar sands, shale, and coal.
"Petroleum refinery" means any facility engaged in producing gasoline, kero-
sene, distillate fuel oils, residual fuel oils, lubricants, or other
products through distillation of petroleum or through redistillation,
cracking or reforming of unfinished petroleum derivatives.
"Process gas" means any gas generated by a petroleum refinery process
unit, except fuel gas and process upset gas as defined in these
definitions.
"Process upset gas" means any gas generated by a petroleum refinery
process unit as a result of start-up, shut-down, upset or breakdown.
"Refinery process unit" means any setment of the petroleum refinery
in which a specific processing oepration is conducted.
EMISSION STANDARD
This standard applies to the following affected facilities 1n petroleum
refineries: Fluid catalytic cracking unit catalyst regenerators,
fluid catalytic cracking unit Incinerator-waste heat boilers, and fuel
gas combustion devices, the construction or modification of which
commenced after June 11, 1973.
-62-
-------
1. On and after the date on which the performance test required
to be conducted by Standard I.B.I. 1s completed, no owner
or operator subject to the provisions of this standard shall
cause to be discharged Into the atmosphere:
a. From any fluid catalytic cracking unit catalyst
regenerator; or from any fluid catalytic cracking unit
incinerator-waste heat boiler:
(1) Particulate matter 1n excess of 1.0 lb/1000 Ibs.
of coke burn-off 1n the catalyst regenerator.
(2) Gases which exhibit 30 percent opacity or greater,
except for 3 minutes 1n any one hour. Where the
presence of uncomblned water Is the only reason for
failure to meet the requirements of this subparagraph,
such failure shall not be a violation of this standard.
The burden of proof which establishes the application
of this standard shall be upon the person seeking to
come within its provisions.
(3) In those Instances in which auxiliary liquid or solid
fossil fuels are burned 1n the fluid catalytic cracking
unit incinerator-waste heat boiler, particulate matter
in excess of that permitted by subparagraph l.a (1) of
this standard may be emitted to the atmosphere except
that the Incremental rate of partlculate emissions
shall hot exceed 0.10 Ib/m11l1on B.T.U. of heat input
attributable to such liquid or solid fuel.
b. From the fluid catalytic cracking unit catalyst regenerator
any gases which contain carbon monoxide in excess of 0.050
percent by volume.
2. a. On and after the date on which the performance test required
to be conducted by Standard I.B.I. Is completed, no
owner or operator subject to the provisions of this standard
shall burn in any fuel gas combustion device any fuel gas
which contains H2S In excess of 0.10 gr/dscf except as
provided in subparagraph b. of this paragraph. The combus-
tion in a flare of process gas or fuel gas which is released
to the flare as a result of relief valve leakage, is exempt
from this paragraph.
b. The owner or operator may elect to treat the gases resulting
from the combustion of fuel gas 1n a manner which limits
the release of S02 to the atmosphere if it is shown to
the satisfaction of the control officer that this prevents
SOg emissions as effectively as compliance with the require-
ments of subparagraph a. of this paragraph.
-63-
-------
MONITORING
1. The owner or operator of any petroleum refinery subject to the
provisions of this subpart shall install, calibrate, maintain,
and operate monitoring Instruments as follows:
a. photoelectric or other type smoke detector and recorder
to continuously monitor and record the opacity of gases
discharged into the atmosphere from the gluid catalytic
cracking unit catalyst regenerator.
b. An instrument for continuously monitoring and recording
the concentration of CO in gases discharged into the
atmosphere from fluid catalytic cracking unit catalyst
regenerators, except where the requirements of paragraph
I.e. of this monitoring section are met.
c. Instruments for continuously monitoring and recording
firebox temperature and 0? concentration in the exhaust gases
from any incinerator-waste heat boiler which combusts the
exhaust gases from a fluid catalytic cracking unit catalyst
regenerator except where the requirements of paragraph l.b.
of this monitoring section are met.
d. An instrument for continuously monitoring and recording
concentrations of l^S in fuel gases burned in any fuel
gas combustion device, except where the requirements 2.b of
the emission standard are met. Fuel gas combustion devices
having a common source of fuel gas may be monitored at one
location if sampling at this location produces results
representative of the J^S concentration in the fuel gas
burned.
e. An instrument for continuously monitoring and recording
concentrations of S02 1n the gases discharged into the
atmosphere from the combustion of fuel gases except where
the requirements of 2.a of the emission standard are met.
2. Instruments and sampling systems Installed and used pursuant
to this section shall meet specifications prescribed by the
control officer and each instrument shall be calibrated in
accordance with the method prescribed by the manufacturer of
such instrument. The instruments shall be subjected to the
manufacturer's recommended zero adjustment and calibration
procedures at least once per 24-hour operating period unless
the manufacturer specifies or recommends calibration at
shorter intervals, in which case such specifications or
recommendations shall be followed.
-64-
-------
3. The average coke burn-off rate (thousands of kllograra/hr)
and hours of operation for any fluid catalytic cracking unit
catalyst regenerator subject to paragraphs l.a or l.b of the
emission standard shall be recorded dally.
4. For any fluid catalytic cracking unit catalyst regenerator
which 1s subject to paragraph l.a of the emission standard and
which utilizes an Incinerator-waste heat boiler to combust
the exhaust gases from the catalyst regenerator, the owner or
operator shall record dally the rate of combustion of liquid
or solid fossil fuels (llters/hr or k1lograms/hr) and the hours
of operation during which liquid or solid fossil fuels are
combusted In the Incinerator-waste heat boiler.
5. For the purpose of reports pursuant to Standard l.A, periods
of excess emissions that shall be reported are defined as
follows:
a. Opacity - All hourly periods 1n which there are four or
more 1-minute periods during which the average opacity of
the gases discharged Into the atmosphere from any fluid
catalytic cracking unit catalyst regenerator subject to
paragraph l.a of the emission standard equals or exceeds
30 percent.
b. Carbon monoxide -11 hourly periods during which the average
carbon monoxide concentration In the gases discharged Into
the atmosphere from any fluid catalytic cracking unit
catalyst regenerator subject to paragraph l.b of the
emission standard exceeds 0.050 percent by volume; or any
hourly period in which 02 concentration and firebox temperature
measurements indicate that the average concentration of CO
in the gases discharged into the atmosphere exceeds 0.050
percent by volume for sources which combust the exhaust
gases from any fluid catalytic cracking unit catalyst
regenerator subject to paragraph l.b of the emission standard
in an incinerator-waste heat boiler and for which the owner
or operator elects to monitor in accordance with paragraph l.c
of this monitoring section.
c. Hydrogen sulflde - All hourly periods during which the average
hydrogen sulflde content of any fuel gas combusted 1n any
fuel gas combustion device subject to paragraph 2.a of the
emission standard exceeds 0.10 gr/dscf except where the
requirements of paragraph 2.b of the emission standard are met.
-65-
-------
d. Sulfur dioxide - All hourly periods during which the
average sulfur dioxide emissions discharged into the
atmosphere from any fuel gas combustion device subject
to paragraph 2 of the emission standard exceed the level
specified in paragraph 2.b of the emission standard except
where the requirements of paragraph 2.a of the emission
standard are met.
TESTING PROCEDURE
(See Standard l.B for performance test requirements)
Emissions shall be tested according to the method(s) listed in
40 CFR 60.106, dated March 8, 1974, or by District test procedures
which are approved as eqlvalent.
-66-
-------
STANDARD 9
(10.0) STANDARDS OF PERFORMANCE FOR STORAGE VESSELS FOR
(51.16) PETROLEUM LIQUIDS
DEFINITIONS
"Condensate" means hydrocarbon liquid separated from natural gas which
condenses due to changes in the temperature and/or pressure and remains
liquid at standard conditions.
"Custody transfer" means the transfer of produced petroleum and/or
condensate, after processing and/or treating In the producing operations,
from storage tanks or automatic transfer facilities to pipelines or
any other forms of transportation.
"Drilling and production facility" means all drilling and servicing
equipment, wells, flow lines, separators, equipment, gathering lines,
and auxilary non-transportation-related equipment used in the production
of petroleum but does not Include natural gasoline plants.
"Floating roof" means a storage vessel cover consisting of a double
deck, pontoon single deck, internal floating cover or covered floating
roof, which rests upon and 1s supported by the petroleum liquid being
contained, and is equipped with a closure seal or seals to close the
space between the roof edge and tank wall.
"Hydrocarbon" means any organic compound consisting predominantly of
carbon and hydrogen.
"Petroleum" means the crude oil removed from the earth and the oils
derived from tar sands, shale, and coal.
"Petroleum liquids" means petroleum, condensate, and any finished or
intermediate products manufactured in a petroleum refinery but does
not mean Numbers 2 through 6 fuel oils as specified in ASTM-D-396-69,
gas turbine fuel oils Number 2-6T through 4-6T as specified In
ASTM-D-2880-71, or diesel fuel oils Numbers 2-D and 4-D as specified
1nD-975-68.
"Petroleum refinery" means any facility engaged 1n producing gasoline,
kerosene, distillate fuel oils, residual fuel oils, lubricants, or
other products through distillation of petroleum or through redistillation,
cracking, or reforming of unfinished petroleum derivatives.
"Reid vapor pressure" is the absolute vapor pressure of volatile crude
oil and volatile non-viscous petroleum liquids, except liquified
petroleum gases, as determined by ASTM-D-323-58 (reapproved 1968).
-67-
-------
"Storage vessel" means any tank, reservoir, or container used for
the storage of petroleum liquids, but does not include:
1. Pressure vessels which are designed to operate in excess of
15 pounds per square inch gauge without emissions to the
atmosphere except under emergency conditions.
2. Subsurface caverns or porous rock reservoirs, or
3. Underground tanks if the total volume of petroleum liquids
added to and taken from a tank annually does not exceed twice
the volume of the tank.
"True vapor pressure" means the equilibrium partial pressure exerted by a
petroleum liquid as determined in accordance with methods described
in American Petroleum Institute Bulletin 2517, "Evaporation Loss From
Floating Roof Tanks," 1962.
"Vapor recovery system" means a vapor gathering system capable of
collecting all hydrocarbon vapors and .gases discharged from the storage
vessel and a vapor disposal system capable of processing such hydrocarbon
vapors and gases so as to prevent their emission to the atmosphere.
EMISSION STANDARD
This standard applies to storage vessels for petroleum liquids the
construction or modification of which commenced after March 8, 1974,
of more than 40,000 gallons storage capacity except it shall not apply
to storage vessels for petroleum or condensate stored, processed, and/or
treated at a drilling and production facility prior to custody transfer.
The owner or operator of any storage vessel to which this standard applies
shall store petroleum liquids as follows:
1. If the true vapor pressure of the petroleum liquid, as stored,
is equal to or greater than 78 mm Hg (1.5 psia) but not greater
than 570 mm Hg (11.1 psia) the storage vessel shall be equipped
with a floating roof, a vapor recovering system, or their equiva-
lents.
2. If the true vapor pressure of the petroleum liquid as stored
Is greater than 570 mm Hg (11.1 psia), the storage vessel shall
be equipped with a vapor recovery system or its equivalent.
MONITORING
The owner or operator of any storage vessel to which this standard applies
shall for each such storage vessel maintain a file of each type of
petroleum liquid stored, of the typical Reid vapor pressure of each type
of petroleum liquid stored, and of the dates of storages. Dates on
which the storage vessel 1s empty shall be shown.
-68-
-------
The owner or operator of any storage vessel to which this standard
applies shall for each such storage vessel determine and record the
average monthly storage temperature and true vapor pressure of the
petroleum liquid stored at such temperature if:
1. The petroleum liquid has a true vapor pressure, as stored,
greater than 26 mm Hg (1.5 psia) and is stored in a storage
vessel other than one equipped with a floating roof, a vapor
recovery system or their equivalents; or
2. The petroleum liquid has a true vapor pressure, as stored,
greater than 470 mm Hg (9.1 psia) and is stored in a storage
vessel other than one equipped with a vapor recovery system or
its equivalent.
The average monthly storage temperature is an arithmetic average
calculated for each calendar month, or portion thereof if storage is
for less than a month, from bulk liquid storage temperatures determined
at least once every 7 days.
The true vapor pressure shall be determined by the procedures in API
Bulletin 2517. This procedure is dependent upon determination of the
storage temperature and the Reid vapor pressure, which requires sampling
of the petroleum liquids in the storage vessels. Unless the control
officer requires in specific cases that the stored petroleum,liquid be
sampled, the true vapor pressure may be determined by using the average
monthly storage temperature and the typical Reid vapor pressure. For
those liquids for which certified specifications limiting the Reid vapor
pressure exist, that Reid vapor pressure may be used. For other liquids,
supporting analytical data must be made available on request to the
control officer when typical Reid vapor pressure is used.
-69-
-------
STANDARD 10
-0) STANDARDS OF PERFORMANCE FOR SECONDARY LEAD SMELTERS
17)
DEFINITIONS
"Lead" means elemental lead or allows 1n which the predominant
component 1s lead.
"Reverberatory furnace" Includes the following types of reverberatory
furnaces: stationary, rotating, rocking, or tilting.
"Secondary lead smelter" means any facility producing lead from a
lead-bearing scrap material by smelting to the metallic form.
EMISSION STANDARD
This standard applies to the following facilities in secondary lead
smelters, the construction or modification of which commenced after
June 11, 1973: pot furnaces of more than 550 pound charging capacity,
blast (cupola) furnaces, and reverberatory furnaces.
On and after the date on which the performance test required to be
conducted by Standard I.B.I. 1s completed, no owner or operator of a
facility subject to the provisions of this standard shall cause to be
discharged Into the atmosphere:
1. From a blast (cupola) or reverberatory furnace any gases which
a. Contain paniculate matter in excess of 0.022 gr/dscf.
b. Exhibit 20 percent opacity or greater.
2. From pot furnaces any gases which exhibit 10 percent opacity or
greater.
Where the presence of uncombined water is the only reason for failure to
meet the requirements of paragraph l.b and 2 of this standard, such failure
shall not be a violation of this standard. The burden of proof which
establishes the application of this standard shall be upon the person seeking
to come within its provisions.
TESTING PROCEDURE
(See Standard l.B for performance test requirements)
Emissions shall be tested according to the method(s) listed in 40 CFP 60.123,
dated March 8, 1974, or by District test procedures which are approved as
equivalent.
-70-
-------
STANDARD 11
(10.0) STANDARDS OF PERFORMANCE FOR SECONDARY BRASS AND BRONZE
(51.17) INGOT PRODUCTION PUNT?
DEFINITIONS
"Blast furnace" means any furnace used to recover metal from slag.
"Brass or bronze" means any metal alloy containing copper as Its
predominant constituent, and lesser amounts of zinc, tin, lead, or
other metals.
"Electric furnace" means any furnace which uses electricity to produce
over 50 percent of the heat required In the production of refined brass
or bronze.
"Reverberatory furnace" Includes the following types of reverberatory
furnaces: stationary, rotating, rocking or tilting.
EMISSION STANDARD
This standard applies to the following facilities in secondary brass and
bronze Ingot production plants, the construction or modification of
which commenced after June 11, 1973: reverberatory and electric furnaces
of 2205 Ib or greater production capacity and blast (cupola) furnaces of
550 Ib/hour or greater production capacity.
On and after the date on which the performance test required to be
conducted by Standard I.B.I, is completed, no owner or operator of a
subject to the provisions of this standard shall cause to be discharged
into the atmosphere.
1. From a reverberatory furnace any gases which:
a. Contain particulate matter in excess of 0.022 gr/dscf
b. Exhibit 20 percent opacity or greater.
2. From any blast (cupola) or electric furnace any gases which
exhibit 10 percent opacity or greater.
Where the presence of uncomblned water is the only reason for failure to
meet the requirements of Standard ll.a(2) and 11.b, such failure shall
not be a violation of this standard. The burden of proof which establishes
the application of this standard shall be upon the person seeking to
come within its provisions.
-71-
-------
TESTING PROCEDURE
(See Standard l.B for performance test requirements)
Emissions shall be tested according to the method(s) listed in 40 CFR
60.134, dated March 8, 1974, or by District test procedures which are
approved as equivalent.
-72-
-------
STANDARD 12 . -.
(10.0) STANDARDS OF PERFORMANCE FOR IRON AND STEEL PLANTS
(51.4) —;';
DEFINITIONS
"Basic oxygen process furnace" means any furnace producing steel by
charging scrap steel, hot metal, and flux materials into a vessel
and introducing a high volume of an oxygen-rich gas.
"Steel production cycle" means the operations required to produce each
batch of steel and includes the following major functions: scrap
. charging, preheating (when used), hot metal charging, primary oxygen
blowing, additional oxygen blowing (when used) and tapping.
EMISSION STANDARD
This standard applies to basic oxygen process furnaces of iron and
steel plants, the construction or modification of .which commenced
after June 11, 1973. .
On and after the date on which the performance test required, to be
conducted by Standard I.B.I, is completed, no owner or operator
.subject to the provisions of this standard shall cause to be discharged
into the atmosphere from any affected facility any gases which contain
particulate matter in excess of 0.022 gr/dscf.
TESTING PROCEDURE
(See Standard l.B for performance test requirements)
Emissions shall be tested according to the method(s) listed in
40 CFR 60.144, dated March 8, 1974, or by District test procedures
which are approved as equivalent. .
-73-
-------
STANDARD 13
(10.0) STANDARDS OF PERFORMANCE FOR SEWAGE TREATMENT PLANTS
(51.9)
DEFINITIONS
"Sewage" means the spent water of a community consisting of a
combination of liquid and water-carried wastes from residences,
commercial buildings, Industrial plants, and institutions, together
with any ground water, surface water, and storm water that may be
present.
"Sewage sludge" means the solid waste by-product of municipal sewage -
treatment processes, including any solIds removed 1n any unit operation
of such treatment process.
"Sewage sludge incinerator" means any combustion device used in the
process of burning sewage sludge for the primary purpose of solids
sterilization and to reduce the volume of waste by removing combustible
matter, but does not Include portable facilities or facilities used
solely for burning scum or other floatable materials, recalcining
lime, or regenerating activated carbon.
"Sewage treatment plant" means any arrangement of devices and structures
for the treatment of sewage and all appurtenances used for treatment and
disposal of sewage and other waste by-products.
EMISSION STANDARD
This standard applies to municipal sewage treatment sludge incinerators
the construction or modification of which commenced after June 11, 1973.
On and after the date on which the performance test required to be
conducted by Standard I.B.I. 1s completed, no owner or operator subject
to the provisions of this standard shall cause to be discharged into the
atmosphere from an affected facility any gases which:
1. Contain particulate matter at a rate in excess of 1.30 Ib/ton of
dry sludge input.
2. Exhibit 20 percent opacity or greater. Where the presence of
uncombined water is the only reason for failure to meet the
requirement of this subparagraph, such failure shall not be a
violation of this standard. The burden of proof which establishes
the application of this standard shall be upon the person
seeking to come within its provisions.
MONITORING
The owner or operator of any sludge incinerator subject to the provisions
-74-
-------
of this standard shall:
1. Install, calibrate, maintain, and operate a flow measuring
device which can be used to determine either the mass or volume
of sludge charged to the incinerator. The flow measuring
device shall have an accuracy of i 5 percent over its operating
range.
2. Provide access to the sludge charged so that a well-mixed
representative grab sample of the sludge can be obtained.
TESTING PROCEDURE
(See Standard l.B for performance test requirements)
Emissions shall be tested according to the method(s) listed in
40 CFR 60.154, dated March 8, 1974, or by District test procedures
which are approved as equivalent.
-75-
-------
STANDARD 14
(11.0) ESHAPS GENERAL PROVISIONS
A. Any owner or operator subject to the provisions of these standards
shall furnish the control officer written notification as follows:
1. A notification of the anticipated date of initial startup of the
source not more than 60 days nor less than 30 days prior to
such date.
2. A notification of the actual date of initial startup of the source
within 15 days after such date.
B. 1. Emission tests may be waived upon written application to the control
officer if. in hts Judgement, the source 1s meeting the standard.
2. Approval of any waiver granted pursuant to this Standard 14, or
pursuant to 40 CFR 61.13, April 6, 1973, shall not abrogate the
control officer's authority under the Control District's rules and
regulations or in any way prohibit the control officer from later
canceling such waiver. Such cancellation will be made only after
notice is given to owner or operator of the source.
C. Method 101, 102, 103, and 104 1n Appendix B of 40 CFR 61, April 6, 1973,
shall be used for all source tests required pursuant to these
standards relating to emission standards for hazardous air pollutants.
-76-
-------
STANDARD 15
(11.0) . EMISSION STANDARD FOR ASBESTOS
(50.7)
DEFINITIONS
"Asbestos" means actfnollte, amoslte, anthophylllte, chrysotile,
crocldollte, tremollte.
"Asbestos material" means asbestos or any mterlal containing asbestos.
"Asbestos mill" means any facility engaged 1n the conversion or any
Intermediate step 1n the conversion of asbestos ore Into commercial
asbestos. Outside storage of asbestos materials Is not considered
a part of such facility.
"Asbestos tailings" means any solid waste product of asbestos mining or
milling operations which contains asbestos ore.
"Commercial asbestos" means any variety of asbestos which Is produced
by extracting asbestos from asbestos ore.
"Demolition" means the wrecking or removal of any load-supporting
structural member.
"Manufacturing" means the combining of commercial asbestos, or in the
case of woven friction products the combining of textiles containing
commercial asbestos, with any other material(s), Including commercial
asbestos, and the processing of this combination into a product as
specified in paragraph C.
"Outside air" means the air outside buildings and structures.
"Particulate asbestos material" means finely divided particles of
asbestos material.
"Visible emissions" means any emissions which are visually dtectable
without the aid of instruments and which contain particulate asbestos
material.
EMISSION STANDARD
A person shall not cause to be discharged Into the atmosphere asbestos
in the following amounts from the sources listed:
1. Asbestos mills: There shall be no visible emissions to the out-
side air from any asbestos mill except as provided in Paragraph F
of this rule.
-77-
-------
2. Roadways: The surfacing of roadways with asbestos tailing Is
prohibited, except for temporary roadways on an area of
asbestos ore deposits. The deposition of asbestos tailings on
roadways covered with snow or 1ce is considered "surfacing."
3. Manufacturing: There shall be no visible emissions to the
outside air, except as provided 1n paragraph F of this
standard, from any building or structure in which the following
operations are conducted or directly from any of the following
operations 1f they are conducted outside of buildings or
structures:
a. The manufacture of cloth, cord, wicks, tubing, tape, twine,
rope, thread, yarn, roving, lap, or other textile materials.
b. The manufacture of cement products.
c. The manufacture of fireproofing and insulating materials.
d. The manufacture of friction products.
e. The manufacture of paper, millboard, and felt.
f. The manufacture of floor tile.
g. The manufacture of paints, coatings, caulks, adhesives,
sealants.
h. The manufacture of plastics and rubber materials.
i. The manufacture of chlorine.
Demolition: Any owner or operator of a demolition operation who
intends to demolish any institutional, commercial, or industrial
building (including apartment buildings having more than four
dwelling units), structure, facility, Installation, or portion
thereof which contains boiler, pipe or load-supporting structural
member that 1s Insulated or f1reproofed with friable asbestos
material shall comply with the requirements set forth in this
paragraph.
1. Written notice of intention to demolish shall be provided to
the control officer at least 10 days prior to commencement of
such demolition or anytime prior to commencement of demolition
subject to paragraph D.3 of this standard. Such notice shall
include the following information:
a. Name of owner or operator.
b. Address of owner or operator.
-78-
-------
c. Description of the building, structure, facility, or
installation to be demolished.
d. Address or location of the building, structure, facility
or installation.
e. Scheduled starting and completion dates of demolition.
f. Method of demolition to be employed.
g. Procedures to be employed to meet the requirements of
this paragraph.
2. The following procedure shall be used to prevent emissions of
particulate asbestos material to outside air:
a. Friable asbestos materials; used to insulate or fireproof
any boiler, pipe, or load-supporting structural member, shall
be wetted and removed from any building, structure, facility,
or installation subject to this paragraph before wrecking of
load-supporting structural members is commenced. Boilers,
pipe, or load-supporting structural members that are insulated
or fireproofed with friable asbestos materials may be
removed as units or in sections without stripping or wetting
except that where the boiler, pipe, or load-supporting
structural member is cut or disjointed, the exposed friable
asbestos materials shall be wetted. Friable asbestos debris
shall be wetted adequately to insure that such debris remains
wet during all stages of demolition and related handling
operations.
b. No pipe or load-supporting structural member that is
covered with friable asbestos insultating or fireproofing
material shall be dropped or thrown to the ground from any
building, structure, facility, or installation subject to
this paragraph, but shall be carefully lowered or taken
to ground level.
c. No friable asbestos debris shall be dropped or thrown
to the ground from any building, sructure, or installation
subject to this paragraph, or from any floor to any floor
below. For buildings, structures, facilities or installation,
50 feet or greater in height, friable asbestos debris shall
be transported to the ground via dust-tight chutes or
containers.
3. Any owner or operator of a demolition operation who intends to
demolish a building, structure, facility, or installation to which
the provisions of tnis paragraph would be applicable but which has
been declared by proper state or local authority to be structurally
-79-
-------
unsound and which Is in danger of imminent collapse is
exempt from the requirements of this paragraph other than
the reporting requirements specified by paragraph D.I of this
standard and the wetting of friable asbestos debris as specified
by paragraph D.2 of this standard.
E. Spraying: There shall be no visible emissions to the outside air
from the spray-on application of materials containing more than 1
percent asbestos, on a dry weight basis, used to insulate or fire-
proof equipment and machinery* except as provided in paragraph F of
this standard. Spray-on materials used to insulate or fireproof
buildings, structures, pipes, and conduits shall contain less than
1 percent asbestos on a dry weight basis.
1. Any owner or operator who intends to spray asbestos materials
to insulate or fireproof buildings, structures, pipes, conduits,
equipment, and machinery shall report such intention to the
control officer at least 20 days prior to the commencement of
the spraying operation. Such report shall include the following
information:
a. Name of owner or operator.
b. Address of owner or operator.
c. Location of spraying operation.
d. Procedures to be followed to meet the requirements of
this paragraph.
F. Rather than meet the no-visible emission requirements of paragraph A,
C and E of this standard, an owner or operator may elect to use the
methods specified in paragraph H to clean emissions containing parti-
culate asbestos material before such emissions escape to, or are
vented to, the outside air.
G. Where the presence of uncomblned water 1s the sole reason for failure
to meet the no-visible-emission requirement of paragraphs A, C, or
E of this section, such failure shall not be a violation of such
emission requirements.
H. If air-cleaning is elected, as permitted by paragraph F, the require-
ments of this paragraph H must be met.
1. Fabric filter collection devices must be used, except as noted in
subparagraphs 2 and 3 of this paragraph. Such devices must be
operated at a pressure drop of no more than 4 inches water gauge,
as measured across the filter fabric. The airflow permeability,
as determined by ASTM method D737-69, must not exceed 30 ft3/min/ft2
for woven fabrics or 35 ft3/min/ft2 for felted fabrics, except that
40 ft3/min/ft2 for woven and 45 ft3/min/ft2 for felted fabrics is
-80-
-------
allowed for filtering air from asbestos ore dryers. Each square
yard of felted fabric must weigh at least 14 ounces and be at least
one-sixteenth inch thick throughout. Synthetic fabrics must not
contain fill yarn other than that which is spun.
2. If the use of fabric filters creates a fire or explosion hazard,
the control officer may authorize the use of wet collectors designed
to operate with a unit containg energy of at least 40 inches
water guage pressure.
3. The control officer may authorize the use of filtering equipment
other than that described in subparagraphs 1 and 2 of paragraph if
the owner or operator demonstrates to the satisfaction of the
control officer that the filtering of particulate asbestos material
is equivalent to that of the described equipment.
4. All air-cleaning equipment authorized by this standard must be
properly installed, used, operated, and maintained. Bypass
devices may be used only during upset or emergency conditions and
then only for so long as it takes to shut down the operation
generating the particulate asbestos material.
REPORTING
The owner or operator of any existing source to which this standard if
applicable shall, within 90 days after the effective date, provide the
following information to the control officer:
1. A description of the emission control equipment used for each process.
2. If a fabric filter device is used to control emissions, the
pressure drop across the fabric filter in inches water gauge.
a. If the fabric filter device utilizes a woven fabric, the
airflow permeability in ft3/min/ftz; and, if the fabric is
synthetic, indicate whether the fill yarn is spun or not spun.
b. If the fabric filter device utilizes a felted fabric, the
density in oz/yd2, the minimum thickness in inches, and the
airflow permeability in ft3/min/ft2.
-81-
-------
(11.0)
(50.7)
DEFINITIONS
STANDARD 16
EMISSION STANDARDS FOR BERYLLIUM
"Beryllium" means the element beryllium. Where weights or concentrations
are specified, such weights or concentrations apply to beryllium only,
excluding the weight or concentration of any associated elements.
"Beryllium allow" means any metal to which beryllium has been added in
order to Increase its beryllium content and which contains more than 0.1
percent beryllium by weight.
"Beryllium-containing waste" means material contaminated with beryllium
and/or beryllium compounds used or generated during any process or
operation performed by a source subject to this standard.
"Beryllium ore" means any naturally occurring material mined or
gathered for its beryllium content.
"Ceramic plant" means a manufacturing plant producing ceramic items.
"Extraction plant" means a facility chemically processing beryllium ore to
beryllium metal, allow, or oxide, or performing any of the intermediate
steps in these processes.
"Foundry" means a facility engaged in the melting or casting of
beryllium metal or allow.
"Incinerator," for the purpose of this standard only, means any furnace
used in the process of burning waste for the primary'purpose of reducing
the volume of the waste by removing combustible matter.
"Machine shop" means a facility performing cutting, grinding, turning,
honing, milling, deburring, lapping, electrochemical machining, etching,
or other similar operations.
"Propellent" means a fuel and oxidizer physically or chemically, combined
which undergoes combustion to provide rocket propulsion.
"Propel!ant Plant" means any facility engaged in the mixing, casting, or
machining of propellent.
EMISSION STANDARD
A. No person shall discharge or cause the discharge to the atmosphere of
more than 10 grams of beryllium over a 24-hour period from the
following stationary sources.
-82-
-------
1. Extraction plants, ceramic plants, foundries, Incinerators, and
propellant plants which process beryllium ore, beryllium bery-
llium oxide, beryllium alloys, or beryllium-containing waste.
2. Machine shops which process beryllium, beryllium oxides, or any
alloy when such alloy contains more than 5 percent beryllium by
weight.
B. The burning of beryllium and/or beryllium-containing waste, except
propel 1ants, 1s prohibited except 1n Incinerators, emission from
which must comply with this standard.
I
TESTING PROCEDURE
1. Unless a waiver of emission testing Is obtained under Standard
14.B, or has been previously granted under 40 CFR 61.13,
April 6, 1973, each owner or operator required to comply with
paragraph A shall test emissions from his source:
a. Within 90 days of the effective date of this standard.
b. Within 90 days of startup 1n the case of a new source.
2. The control officer shall be notified at least 30 days prior to
an emission test so that he may at his option observe the test.
At his option, the control officer may conduct the reuqired test.
3. Samples shall be taken over such a priod or periods as are
necessary to accurately determine the maximum emissions which
will occur in any 24-hour period. Where emissions depend upon
the relative frequency of operation of different types of
processes, operating hours, operating capacities, or other factors,
the calculation of maximum 24-hour period emissions will be based
on that combination of factors which 1s likely to occur during
the subject period and which result in the maximum emissions. No
changes in the operation shall be made which would potentially
Increase emissions above that determined by the most recent source
test, until a new emission level has been estimated by calculation
and the results reported to the control officer.
4. All samples shall be analyzed and beryllium emissions shall be
determined within 30 days after the source test. All determinations
shall be reported to the control officer by a registered letter
dispatched before the close of the next business day following
such determination.
5. Records of emission test results and other data needed to determine
total emissions shall be retained at the source and made available,
for inspection by the control officer, for a minimum of 2 years.
-83-
-------
STANDARD 17
(11.0) EMISSION STANDARDS FOR BERYLLIUM ROCKET MOTOR FIRING
(51.21)
DEFINITIONS
"Beryllium propellent" means any propellent incorporating beryllium.
"Rocket motor test site" means any building, structure, facility, or
installation where the static test firing of a beryllium rocket motor
and/or the disposal of beryllium propel 1ant is conducted.
EMISSION STANDARD
A. No person may discharge or cause the discharge of emissions to
the atmosphere:
1. From rocket-motor tests sites which cause time weighted atmos-
pheric concentrations of beryllium to exceed 75 nricrogram minutes
per cubic meter of air within the limits of 10 to 60 minutes,
accumulated during any 2 consecutive weeks, in any area in which
an effect adverse to public health could occur.
2. If combustion products from the firing of beryllium propellant
are collected in a closed tank, emissions from such tank shall
not exceed 2 grams per hour and a maximum of 10 grams per day.
MONITORING
1. Ambient air concentrations shall be measured during and after
firing of a rocket motor or propellant disposal and in such
a manner that the effect of these emissions can be compared
with the standard. Such sampling techniques shall be
approved by the control officer.
2. All samples shall be analyzed and results shall be calculated
within 30 days after samples are taken and before any
subsequent rocket motor firing or propellant disposal at
the given site, All results shall be reported to the control
officer by a registered letter dispatched before the close of
the next business day following determination of such results.
3. Records of air sampling test results and other data needed to
determine integrated intermittent concentrations shall be
retained at the source and made available, for inspection
by the control officer, for a minimum of 2 years.
4. The control officer shall be notified at least 30 days prior
to an air sampling test, so that he may at his option observe
-84-
-------
the test. At his option, the control officer may conduct
the required test.
TESTING PROCEDURE
1. Source subject to paragraph A.2 of this standard shall be
continuously sampled, during release of combustion products
from the tank, in such a manner that compliance with the stand-
ards can be determined. The provisions of Standard 14.C
shall apply.
2. All samples shall be analyzed, and beryllium emissions shall
be determined within 30 days after samples are taken and
before any subsequent rocket motor firing or propel!ant
disposal at the given site. All determinations shall be
reported to the control officer by a registered letter
dispatched before the close of the next business day following
such determinations.
3. Records of emission test results and other data needed to
determine total emissions shall be retained at the source and
made available, for Inspection by the control officer, for
a minimum of 2 years.
4. The control officer shall be notified at least 30 days prior
to an emission test, so that he may at his option observe the
test. At his option, the control officer may conduct the
required test.
-85-
-------
STANDARD 18
01.0) EMISSION STANDARDS FOR MERCURY
(50.7)
DEFINITIONS
"Cell room" means a structure(s) housing one or more mercury electrolytic
chlor-alkali cells.
"Condenser stack gases" mean the gaseous effluent evolved from the stack
of processes utilizing heat to extract mercury metal from mercury ore.
"Oenuder" means a horizontal or vertical container which is part of a
mercury chlor-alkali cell and 1n which water and alkali metal amalgam
are converted to alkali metal hydroxide, mercury, and hydrogen gas in
a short-circuited, electrolytic reaction.
"End box" means a container(s) located on one or both ends of a mercury
chlor-alkali electrolyzer which serves as a connection between the
electrolyzer and denuder for rich and stripped amalgam.
"End box ventilation system" means a ventilation system which collects
mercury emissions from the end boxes, the mercury sump pumps and
their water collection systems.
"Hydrogen gas stream" means a hydrogen stream formed in the chlor-alkali
cell denuder.
"Mercury" means the element mercury, excluding any associated elements,
and includes mercury in particulate, vapors, aerosols, and compounds.
"Mercury chlor-alkali cell" means a device which is basically composed of
an electrolyzer section and a denuder (decomposer) section and utilizes
mercury to produce chlorine gas, hydrogen gas, and alkali metal hydroxide.
"Mercury chlor-alkali electrolyzer" means an electrolytic device which is
part of a mercury chlor-alkali cell and utilizes a flowing mercury
cathode to produce chlorine gas and alkali metal amalgam.
"Mercury ore" means a mineral mined specifically for Its mercury content.
"Mercury ore processing facility" means a facility processing mercury ore
to obtain mercury.
EMISSION STANDARD
A. Emissions to the atmosphere from those stationary sources which process
mercury ore to recover mercury and those which use mercury chlor-alkali
cells to produce chlorine gas and alkali metal hydroxide shall not exceed
-86-
-------
2,300 grams of mercury per 24-hour period.
TESTING PROCEDURE
1. Mercury ore processing facility.
a. Unless a waiver of emission testing Is obtained under Standard
14.B or has been previously granted under 40 CFR 61.13,
April 6, 1973, each owner or operator processing mercury ore
shall test emissions from his source:
(1) Within 90 days of the effective date of this standard.
(2) Within 90 days of startup in the case of a new source.
b. The control officer shall be notified at least 30 days prior
to an emission test, so that he may at his option observe the
test. At his option, the control officer may conduct the
required test.
c. Samples shall be taken over such a period or periods as are
necessary to accurately determine the maximum emissions which
will occur in a 24-hour period. No changes in the operation
shall be made which would potentially increase emissions
above that determined by the most recent source test, until
the new emission level has been estimated by calculation
and the results reported to the control officer.
d. All samples shall be analyzed, and mercury emissions shall
be determined within 30 days after the source test. Each
determination will be reported to the control officer by a
registered letter dispatched before the close of the next
business day following such determination.
e. Records of emission test results and other data needed to
determine total emissions shall be retained at the source and
made available, for Inspection by the control officer, for
a minimum of 2 years.
2. Mercury chlor-alkali plant - hydrogen and end-box ventilation gas
streams.
a. Unless a waiver of emission testing is obtained under
Standard 14.B, each owner or operator employing mercury
chlor-alkali cell(s) shall test emissions from his source.
(1) Within 90 days of the effective date of this standard.
(2) Within 90 days of startup in the case of a new source.
-87-
-------
b. The control officer shall be notified at least 30 days
prior to an emission test, so that he may at his option
observe the test. At his option, the control officer may
conduct the required test.
c. Samples shall be taken over such a period or periods as are
necessary to accurately determine the maximum emissions which
will occur in a 24-hour period. No changes in the operation
shall be made, which would potentially increase emissions
above that determined by the most recent source test, until
the new emission has been estimated by calculation and
the results reported to the control officer.
d. All samples shall be analyzed and mercury emissions shall
be determined within 30 days after the source test. All the
determinations will be reported to the control officer by a
registered letter dispatched before the close of the next
business day following such determination.
e. Records of emission test results and other data needed to
determine total emissions shall be retained at the source
and made available, for inspection by the control officer,
for a minimum of 2 years.
3. Mercury chlor-alkali plants - cell room ventilation system.
a. Stationary sources using mercury chlor-alkali cells may test
cell room emissions in accordance with subparagraph 3.b of
this paragraph or demonstrate compliance with subparagraph 3.d
of this paragraph and assume ventilation emissions of 1,300
grams/day of mercury.
b. Unless a waiver of emission testing is obtained under
Standard 14.B, each owner or operator shall pass all cell room
air in forced gas streams through stacks suitable for testing.
(1) Within 90 days of the effective date of this standard.
(2) Within 90 days of startup in the case of a new source.
c. The control officer shall be notified at least 30 days prior
to an emission test, so that he may at his option observe the
test. At his option, the control officer may conduct the
required test.
d. An owner or operator may carry out approved design, maintenance,
and housekeeping practices. A list of approved design, main-
tenance, and housekeeping practices may be obtained from the
control officer.
-------
REGULATION V - PROCEDURE BEFORE THE HEARING BOARD
(2.0) RULE 501 Applicable Articles of the Health and Safety Code
The provisions of Article 5 and Article 6, Chapter 2, Division 20,
of the State of California Health and Safety Code, respectively
entitled Variances and Procedure.
(2.0) RULE 502 General
The regulations shall apply to all hearings before the Hearing Board
of the Air Pollution Control District.
(2.0) RULE 503 Filing Petitions
Request for hearing shall be Initiated by filing five copies
(previously was three copies) of a petition with the clerk of the
Hearing Board, and the payment of $35 (previously was $25) provided
for in Rule 305 of these rules and regulations, after service of a
copy of the petition has been made on the Air Pollution Control Officer
and one copy on the holder of the permit or variance, if any, involved.
Service may be made in person or by mail and service may be proved by
written acknowledgement of the person served or by the affidavit of the
person making the service.
(2.0) RULE 504 Contents of Petitions
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-partner,
corporation, or other entity; and names and addresses
of the partners 1f a co-partnership, names and addresses
of the officers 1f a corporation, and the names and
addresses of the persons in control if other entity.
c. The type of business of activity involved in the
application and the street address at which it is
conducted.
d. A brief description of the article, machine, equipment,
or other contrivance, if any, involved in the application.
e. The section or rule under which the petition is filed; that
is, whether petitioner desires a hearing:
-89-
-------
1. To determine whether a permit shall be revoked or a
suspended permit reinstated under Section 24274 of
the Health and Safety Code of the State of California.
2. For a variance under Section 24292 of the Health and
Safety Code of the State of California.
3. To revoke or modify a variance under Section 24298
of the Health and Safety Code of the State of
California.
4. To review the denial or conditional granting of an
authority to construct or permit to operate under Rule
201 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, 1t shall set forth his authority
to sign.
g. Petitions for revocation of permits shall allege in
addition the rule under which permit was granted, the rule
or section which 1s 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 rule under which the permit was granted,
the request and alleged refusal which formed the basis for
such suspension, together with a brief statement as to
why Information requested, if any, was not furnished;
whether such information is believed by petitioner to be
pertinent, and is so, when it will be furnished.
i. All petitions shall be typewritten, double spaced, on legal
or letter size .paper on one side of the paper only,
leaving a margin of at least one Inch at the top and
left side of each sheet.
(5.0) RULE 505 Petitions for Variances
In addition to the matters required by Rule 504, petitions
for variance 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.
-90-
-------
c. For what period of time the variance Is sought and why.
Include a compliance schedule which shows the dates when
the following milestones will be or were completed.
1. Submission of final control plans.
2. Issuance of contracts or purchase orders for process
and control equipment.
3. Initiation of onsite construction of process or
control equipment.
4. Completion of process and control equipment.
5. Final compliance.
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.
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 1n any court, civil or
criminal.
1. Whether or not the subject equipment or process is
covered by a permit to operate issued by the Control Officer.
(2.0) RULE 506 Appeal from'Denial .
A petition to review a denial or conditional approval of a permit shall,
in addition to the matters required by Rule 504, set forth a summary of
the application or a copy thereof and the alleged reasons for the
denial or conditional approval and reasons for appeal.
(2.0) RULE 507 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 three (previously two)
members of the Hearing Board direct otherwise and confirm such direction
-91-
-------
in writing. Such direction need not be made at a meeting of the
Hearing Board. The chairman or any three (previously two) members,
without a meeting, may require the petitioner to state further
facts or reframe a petition so as to disclose clearly the issues
involved.
(2.0) RULE 508 Answers
Any person may file an answer within 10 days after service. All
answers shall be served the same as petitions under Rule 503.
(2.0) RULE 509 Dismissal of Petition
The petitioner may dismiss his petition at any time before submission
of the case to the Hearing Board, without a hearing or meeting of the
Hearing Board. The clerk of the Hearing Board shall notify all
interested persons of such dismissal.
(16.0) RULE 510 Place of Hearing
All hearings shall be held at a place designated by the Hearing Board.
(16.0) RULE 511 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 24298 of the Health and Safety Code.
(2.0) RULE 512 Evidence
a. Oral evidence shall be taken only on oath or
affirmation.
b. Each party shall have these rights: 1) to call and
examine witnesses; 2) to introduce exhibits; 3) to
cross-examine opposing witnesses on any matter relevant
to the issues even though that matter was not covered in
the direct examination; 4) to impeach any witness regard-
less of which party first called him to testify; 5) and
to rebut the evidence against him. If respondent does
not testify in his own behalf, he may be called and
examined as if under cross-examination.
c. The Hearing need not be conducted according to technical
rules relating to evidence and witnesses. Any relevant
evidence shall be admitted if it is the sort of
evidence on which responsible persons are accustomed to
rely on 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
-92-
-------
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 new
or hereafter may be recognized 1n civil actions, and
irrelevent and unduly repetitious evidence shall be
excluded.
(2.0) RULE 513 Preliminary Matters
Preliminary matters such as setting a date for hearing, granting continuances,
approving petitions for filing, allowing amendments and other preliminary
rulings not determinative of the merits of the case may be made by the chair-
man or any three (previously two) members of the Hearing Board without a
hearing or meeting of the Hearing Board without notice.
(2.0) RULE 514 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 515 Continuances
The chairman or any three (previously two) members of the Hearing Board
shall grant any continuance of 15 days or less, concurred 1n by petitioner,
the Air Pollution Control Officer and by every person who has filed an
answer 1n the action and may grant any reasonable continuance; in either
case, such action may. be ex parte without a meeting of the Hearing Board
and without prior notice.
(2.0) RULE 516 Decision
The decision shall be 1n writing, served and filed within 15 days after
submission of the cause by the parties thereto and shall contain a brief
statement of facts Issued to be true, the determination of the Issues
presented and the order of the Hearing Board. A copy shall be mailed
or delivered to their 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 517 Effective Date of Decision
The decision shall become effective 15 days after delivering or
mailing a copy of the decision, as provided in Rule 516 or the Hearing
Board may order that the decision shall become effective sooner.
(3.0) RULE 518 Lack of Permit
An appeal from a denial of a permit and a petition for a variance may
be filed with the Hearing Board in a single petition. A variance
granted by the Hearing Board may include a permit for the duration
of the variance.
-93-
------- |