U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-296 666
Air Pollution Regulations in State
Implementation Plans: California,
Great Basin Unified APCD
Abcor, Inc, Wilmington, MA Walden Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NC Control
Programs Development Div
Aug 78
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United States Office of Air Quality
Environmental Protection Planning and Standards
Agency Research Triangle Park NC 27711
'
August 1978
Air
Air Pollution Regulations
in State Implementation
Plans:
I REPRODUCED BY
NATIONAL TECHNICAL
INFORMATION SERVICE
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TECHNICAL REPORT DATA
(Please read Instruction* on the reverse before completing)
1. REPORT NO.
EPA-450/3-78-054-9
2.
4. TITLE .AND SUBTITLE
Air Pollution Regulations 1n State Implementation i
Plans: California Great Basin Unified APCD
3. RECIPIENT'S ACCESSION
5. REPORT DATE
August 1978
6. PERFORMING ORGANIZATION CODE
7. AUTHOR(S)
8. PERFORMING ORGANIZATION REPORT NO.
. PERFORMING ORGANIZATION NAME AND ADDRESS
Waiden Division of Abcor, Inc.
Wilmington, Mass.
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT NO.
68-02-2890
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
13. TYPE OP 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,
thts document will be updated annually. State and/or local air quality regulations
which have not been Federally approved as of January 1, 1978, are not Included here;
omission of these regulations from this document in no way affects the ability of
the respective Federal, State, or local agencies to enforce such regulations.
7.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
b.lDENTIFIERS/OPEN ENDED TERMS
c. COSATI Field/Group
Air pollution
Federal Regulations
Pollution
State Implementation Plans
8. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
19. SECURITY CLASS (TMtRtport)
Unclassified
20. SECURITY CLASS (TMtpogf)
Unclassified
aa. PRICE pa-
ft- fi? tJ-
-//i(
/fHB
/i(p
EPA Form 12ZO-1 (t-7J)
-...I.
\
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Air Pollution Regulations
in State Implementation Plans:
by
Walden Division of Abcor, Inc.
Wilmington, Massachusetts
Contract No. 68-02-2890
EPA Project Officer: Bob Schell
Prepared for
U.S. ENVIRONMENTAL PROTECTION AGENCY
Office of Air, Noise, and Radiation
Office of Air Quality Planning and Standards
Research Triangle Park, North Carolina 27711
August 1978
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This report is issued by the Environmental Protection Agency to
report air pollution regulations of interest to a limited number of
readers. Copies are available, for a fee, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 2216).
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-450/3-78-054-9
ii
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INTRODUCTION
»
This document has been produced in compliance with Section 110(h)(l)
of the Clean Air Act Amendments of 1977. The Federally enforceable
regulations contained in the State Implementation Plans (SIPs) have been
compiled for all 56 States and territories (with the exception of the
Northern Mariana Islands). They consist of both the Federally approved
State and/or local air quality regulations as indicated in the Federal
Register and the Federally promulgated regulations for the States as
indicated in the Federal Redister. Regulations which fall into one of
the above categories as of January 1, 1978, have been incorporated. As
mandated by Congress, this document will be updated annually. State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not Included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.
There have been recent changes 1n the Federal esvforceability of
parking management regulations and indirect source regulations. The
October, 1977, appropriation bill for EPA prohibited Federal enforcemant
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 orv projects. Therefores 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 thilr organizations
content, and language, a standardized subject Index is utilized In this
document. Index listings consist of both contaminant and activity oriented
categories to facilitate usage. For example, for regulations which apply
to copper smelters, one might look under sulfur compounds (50.2), partial-
late matter process weight (50.1.1), or copper smelters (51.15). Federal
regulations pertaining to a given State Immediately follow the approved
State and local regulations.
Additionally, a summary sheet of the information included in each
comprehensive document is presented prior to the regulatory text to
allow one to quickly assess the contents of the document. Specifically,
the summary sheets contain the date of submittal to EPA of each revision
111
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- 2 -
to the SIP and the date of the Federal Register in which the revision
was either approved or disapproved by EPA. Finally, a brief description
or reference of the regulation which was, submitted is also Included.
This document is not Intended to provide a tool for determining
the enforceability of any given regulation. As stated above, it is
intended to provide a comprehensive compilation of those regulations
which are incorporated directly or by reference into Title 40, Part 52,
of the Code of Federal Regulations. Consequently, the exclusion of a
Federally approved regulation from this document does not diminish the
enforceability of the regulation. Similarly, the inclusion of a given
regulation (for example, regulations governing pollutants, such as odors,
for which there is no national ambient air quality standards) in this
document does not, in itself, render the regulation enforceable.
1v
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SUMMARY SHEET
OF
EPA - APPROVED REGULATION CHANGES
Great Basin Unified APCD
Submittal Date
4/21/70
Approval Date
12/8/76
Description
Rules 200 - 216
Note: 206, 207,
208 not acted on
yet
4/21/76
6/6/77
Rules 100 - 107,
215S 300 - 303, 400
- 402S 404 - 413,
416 - 421, 500 - 501,
600 - 616, 800 - 817
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DOCUMENTATION OF CURRENT EPA-APPROVED
STATE AIR POLLUTION REGULATIONS
REVISED STANDARD SUBJECT INDEX
1.0 DEFINITIONS
2.0 GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES
3.0 REGISTRATION CERTIFICATES, OPERATING PERMITS AND APPLICATIONS
4.0 AIR QUALITY STANDARDS (PRIMARY AND SECONDARY)
4.1 PARTICULATES
4.2 SULFUR DIOXIDE
4.3 NITRIC OXIDES
4.4 HYDROCARBONS
4.5 CARBON MONOXIDE
4.6 OXIDANTS
4.7 OTHERS
5.0 VARIANCES
6.0 COMPLIANCE SCHEDULES
7.0 EQUIPMENT MALFUNCTION AND MAINTENANCE
8.0 EMERGENCY EPISODES
9.0 AIR QUALITY SURVEILLANCE AND SOURCE TESTING
10.0 NEW SOURCE PERFORMANCE STANDARDS
11.0 NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS
12.0 MOTOR VEHICLE EMISSIONS AND CONTROLS
13.0 RECORD KEEPING AND REPORTING
14.0 PUBLIC AVAILABILITY OF DATA
15.0 LEGAL AUTHORITY AND ENFORCEMENT
16.0 HEARINGS, COMPLAINTS, AND INVESTIGATIONS
17.0 PREVENTION OF SIGNIFICANT DETERIORATION
18.0 AIR QUALITY MAINTENANCE AREA
19.0 - 49.0
RESERVED FOR FUTURE EXPANSION OF COMMON INDEX
50.0 POLLUTANT • SPECIFIC REGULATIONS
50.1 PARTICULATES
50.1.1 PROCESS WEIGHT
50.1.2 VISIBLE EMISSIONS
50.1.3 GENERAL
v1
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50.2 SULFUR COMPOUNDS
50.3 NITRIC OXIDES
50.4 HYDROCARBONS
50.5 CARBON MONOXIDE
50.6 ODOROUS POLLUTANTS
50.7 OTHERS (Pb, Hg, etc.)
51.0 SOURCE CATEGORY SPECIFIC REGULATIONS
51.1 AGRICULTURAL PROCESSES (Includes Grain Handling. Orchard Heaters,
Rice and Soybean Facilities, Related Topics)
51.2 COAL OPERATIONS (Includes Cleaning, Preparation, Coal Refuse
Disposal Areas. Coke Ovens, Charcoal kilns. Related Topics)
51.3 CONSTRUCTION (Includes Cement Plants, Materials Handling, Topics
Related to Construction Industry)
51.4 FERROUS FOUNDRIES (Includes Blast Furnaces, Related Topics)
51.5 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Participates
(Includes Fuel Content and Other Related Topics)
51.6 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (Includes
Fuel Content and Other Related Topics)
51.7 FUEL BURNING EQUIPMENT (oil, natural gas, coal) - N02 (Includes
Fuel Content and Other Related Topics)
51.8 HOT MIX ASPHALT PLANTS
51.9 INCINERATION
51.10 NITRIC ACID PLANTS
51.11 NON-FERROUS SHELTERS (Zn, Cu, etc.) - Sulfur Dioxide
51.12 NUCLEAR ENERGY FACILITIES (Includes Related Topic)
51.13 OPEN BURNING (Includes Forest Management, Forest F1re, Fire
Fighting Practice, Agricultural Burning and Related Topics)
51.14 PAPER PULP; MOOD PULP AND KRAFT MILLS (Includes Related Topics)
51.15 PETROLEUM REFINERIES
51.16 PETROLEUM STORAGE (includes Loading, Unloading, Handling and
Related Topics)
51.17 SECONDARY METAL OPERATIONS (Includes Aluminum, Steel and Related
Topics)
51.18 SULFURIC ACID PLANTS
51.19 SULFURIC RECOVERY OPERATIONS
51.20 WOOD WASTE BURNERS
51.21 MISCELLANEOUS TOPICS
V11
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TABLE OF CONTENTS
GREAT BASIN UNIFIED APCD REGULATIONS
Revised Standard
Subject Index
(2.0)
(1.0)
(2.0)
(2.0)
(2.0)
(15.0)
(2.0)
(2.0)
(3.0)
(2.0)
(2.0)
(3.0)
(3.0)
(3.0)
(3.0)
(2.0)
(3.0)
(2.0)
(3.0)
Rule Number
100
101
102
103
104
105
106
107
200
201
202
203
204
205
209
210
211
212
213
Title
Title
Definitions
Standard Conditions
Effective Date
Amendment Procedures
Arrests and Notices
to Appear
Increments of Progress
Constitutionality
Permits Required
Exemptions
Transfer
Applications
Cancellation of
Applications
Action on Applications
Standards for Granting
Applications
Conditional Approval
Denial of Applications
Additional Information
Applications Deemed
Page
Number
1
1
3
3
4
4
4
5
6
7
13
13
13
13
14
15
15
15
Denied 15
viii
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Revised Standard
Subject Index
(2.0)
(14.0)
(10.0)
(3.0)
(3.0)
(3.0)
(13.0)
(50.1.2)
(50.1)
(50.7)
(50.1)
(2.0)
(51.13)
(51.9)
(51.13)
(51.13)
(51.13)
(11.0)
(51.8)
Rule Number
214
215
216
300
301
302
303
400
401
402
404
405
406
407
408
409
410
411
412
Page
Title Number
Appeals
Public Availability of
Emission Data
New Source Review Require-
ments for Determining
Impact on A1r Quality
Permit Fees
Permit Fee Schedules
Analysis Fees
Technical Reports-
Charges for
Ringelmann Chart
Fugitive Dust
Nuisance
Parti cul ate Matter
Exceptions
Open Outdoor Fires
Incinerator Burning
Burning of Agricultural
Wastes
Range Improvement Burning
Forest Management Burning
Hazardous Materials
Operation of Roofing
16
16
17
22
23
27
27
28
28
29
29
29
33
34
34
35
37
38
Kettles
38
ix
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Revised Standard
Subject Index
(51.21)
(50.2)
(50.3)
(50.4)
(51.16)
(51.16)
(51.16)
(2.0)
(1.0)
(51.1)
(2.0)
(2.0)
(2.0)
(5.0)
(2.0)
(2.0)
(2.0)
(2.0)
(16.0)
(16.0)
Rule Number
413
416
417
418
419
420
421
500
501
600
601
602
603
604
605
606
607
608
609
Page
Title Number
Reduction of Animal
Matter 39
Sulfur Compounds and
Nitrogen Oxides 39
Organic Solvents 40
Storage of Petroleum
Products 43
Gasoline Loading into
Stationary Tanks 44
Organic Liquid Loading 44
Intended Application of
Rules and Regulations 45
Definition 46
Orchard and Citrus Heaters 46
General 47
Filing Petitions 47
Contents of Petitions 47
Petitions for Variances 48
Appeal from Denial 49
Failure to Comply with
Rules 49
Answers 49
Withdrawal of Petition 49
Place of Hearing 50
Notice of Hearing 50
- x .
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Revised Standard
Subject Index Rule Number
(2.0)
(13.0)
(2.0)
(2.0)
(2.0)
(2.0)
(2.0)
(2.0)
(2.0)
(2.0)
(2.0)
(2.0)
(2.0)
(2.0)
(2.0)
(2.0)
(2.0)
(16.0)
(16.0)
(2.0)
(2.0)
(2.0)
610
611
612
613
614
615
616
800
801
802
803
804
805
806
807
808
809
810
811
812
813
814
Page
Title Number
Evidence 50
Record of Proceedings
Preliminary Matters
Official Notices
Continuances
Decision
Effective Date of Decision
General
Order of Abatement
Filing Petitions
Contents of Petition
Scope of Order
Findings
Pleadings
Evidence
Failure to Comply with Rules
Withdrawal of Petition
Place of Hearing
Notice of Hearing
Preliminary Matters
Official Notice
Continuance
50
51
51
51
51
51
52
52
52
52
53
53
53
53
54
54
54
54
54
55
55
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Revised Standard
Subject Index
(2.0)
(2.0)
(13.0)
Rule Number
815
816
817
Title
Order and Decision
Effective Date of Decision
Record of Proceedings
Page
Number
55
55
55
xii
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REGULATION I - GENERAL PROVISIONS
(2.0) RULE TOO - Title.
These rules and regulations shall be known as the Rules and Regula-
tions of the Great Basin Unified A1r Pollution Control District,
and shall have jurisdiction throughout the counties of Inyo, Mono,
and Alpine.
(1.0) RULE 101 - Definitions.
Except as otherwise specifically provided in these rules and except
where the content otherwise Indicates, words used 1n these rules are
used in exactly the same sense as the same words are used in Part 1
of Division 26 of the Health and Safety Code.
a. Agricultural Operation. "Agricultural Operation" means the grow-
ing of crops, the raising of fowl , animals or bees, as a gain-
ful occupation.
b. Air Contaminants. "Air Contaminant" includes smoke, charred
paper, dust cool olds, soot, grime, carbon, noxious acid, noxious
fumes, noxious gases, odors, or particulate matter, or any
combination thereof.
c. Atmosphere. "Atmosphere" means the air that envelops or surrounds
the earth. Where air contaminants are emitted into a building
or structure not designed specifically as a piece of air pollu-
tion control equipment such emission Into the building or struc-
ture shall be considered an emission Into the atmosphere.
d. Board. "Board" means the A1r Pollution Control Board of the
Great Basin Unified A1r Pollution Control District.
e. Burn Day. "Burn Day" means a day on which the California Air
Resources Board determines that agricultural burning is permitted
with the Great Basin Unified Air Pollution Control District.
f. Combustible Refuse. "Combustible Refuse" is any solid or liquid
combustible waste material containing carbon 1n a free or com-
bined state.
g. Combustion Contaminants. "Combustion Contaminants" are solid or
liquid particles discharged into the atmosphere from the burning
of any kind of material containing carbon in a free or combined
state.
h. Dusts. "Dusts" are minute solid particles released into the air
by natural forces or by. mechanical processes such as crushing,
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grinding, milling, drilling, demolishing, blasting, shoveling,
conveying, covering, bagging and sweeping or any combination
thereof.
i' f]ue. "Flue" means any duct or passage for air, gases, or the
like, such as a stack or chimney.
j. Fumes. "Fumes" are minute solid particles generated by the
condensation of vapors from solid matter after volatilization
from the molten state, or generated by sublimation, distillation,
calcination or chemical reaction, when these processes create
air-borne particles.
k. Household Rubbish. "Household Rubbish" means combustible waste
material and trash, including garden trash and prunings, normally
accumulated by a family in a residence in the course of ordinary
day to day living. Tires, oils, and other petroleum products are
excluded.
1. Incinerator. "Incinerator" means any furnace or other closed
fire chamber used for the burning of combustible refuse from
which the products of combustion are directed through a chimney
or flue.
m. Multiple-Chamber Incinerator. "Multiple-Chamber Incinerator" is
any article, machine, equipment, contrivance, structure or part
of a structure, used to dispose of combustible refuse by burning,
consisting of three or more refractory lined combustion furnaces
in series, physically separated by refractory walls, intercon-
nected by gas passage ports or ducts and employing adequate
design parameters necessary for maximum combustion of the material
to be burned.
n. Oil-Effluent Water Separator. "Oil-Effluent Water Separator" is
any tank, box, sump or other container in which any petroleum or
product thereof, floating on or entrained or contained in water
entering such tank, box, sump or other container, 1s physically
separated and removed from such water prior to outfall, drainage,
or recovery of such water.
o. Open Outdoor Fire. "Open Outdoor Fire" means the burning or
smoldering of any combustible material of any type outdoors in
the open air, either Inside or outside a fireproof container,
where the products of combustion are not directed through a chim-
ney or flue.
p. Partlculate Matter. "Paniculate Matter" is any material, except
uncombined water, which exists in a finely divided form as a
liquid or solid at standard conditions.
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q. Person. "Person" means any person, firm, association, organiza-
tion, partnership, business trust, corporation, company, contrac-
tor, supplier, installer, user, owner, or any Federal, State or
local governmental agency or public district, or any officer, or
any employee thereof. "Person" also means the United States or
its agencies, to the extent authorized by Federal Law.
r. Process Height per Hour. "Process Weight" is the total weight
of all materials introduced into any specific process which
process may cause any discharge into the atmosphere. Solid fuels
charged will be considered as part of the,' process weight, but
liquid and gaseous fuels and combustion air will not. "The
Process Weight per Hour" will be derived by dividing the total
weight by the number of hours in one cycle of operation from the
beginning of any given process to the completion thereof, exclu-
ding any time during which the equipment is idle.
s. Regulation. "Regulation" means one of the major subdivisions of
the rules of the Great Basin Unified Air Pollution Control
District.
t. Rule. "Rule" means a rule of the Great Basin Unified Air
Pollution Control District.
u. Section. "Section" means the section of the Health and Safety
Code of the State of California, as amended effective January 1,
1976, unless some other statute is specifically mentioned.
v. Source Operation. "Source Operation" means the last operation
preceding the emission of an air contaminant for which the opera-
tion both:
1. 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
2. is not an air pollution abatement operation.
(2.0) RULE 102 - Standard Conditions.
As used in these regulations, standard conditions are a gas tempera-
ture of 60 degrees Fahrenheit and a gas pressure of 14.7 pounds per
square inch absolute. Results of all analyses and tests shall be
reduced to standard conditions and shall be calculated to and reported
at this gas temperature and pressure.
(2.0) RULE 103 - Effective Date.
These Rules and Regulations replace the District's existing Rules and
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Regulations and shall take effect on March 11, 1976. Future
amendments to these Rules and Regulations shall take effect on the
dates specified therein or as specified in the order by which they
are adopted.
(2.0) RULE 104 - Amendment Procedures.
The procedures for the adoption of these Rules and Regulations, and
future amendments herein, shall be 1n accordance with Sections 40700
through Section.40704 Inclusive, of the California Health and Safety
Code.
(15.0) RULE 105 - Arrests and Notices to Appear.
Pursuant to the provisions of Penal Code Section 836.5, the Air
Pollution Control Officer and his deputies are authorized to arrest
without a warrant and Issue written notices to appear whenever they
have a reasonable cause to believe that the person to be arrested
has committed a misdemeanor 1n their presence which 1s a violation
of a rule or regulation of the Great Basin Unified Air Pollution
Control District or a violation of a section in Part 1 or Part 4 of
Division 26 of the Health and Safety Code of the State of California,
or any provision of the Vehicle Code relating to the emission or
control of air contaminants.
(2.0) RULE 106 - Increments of Progress.
a. Unless and until the Air Pollution Control District Hearing Board
authorizes such operation, no person shall operate any article,
machine, equipment or any other contrivance if such person fails
to achieve any scheduled increment of progress established pur-
suant to Sections 42358 or 41703, Health and Safety Codes or by
the A1r Pollution Control Board pursuant to Section 41703 of the
Health and Safety Code.
b. Whenever the Air Pollution Control Board adopts or modifies a
rule in Regulation IV of these regulations and such new rule or
modified rule contains a compliance schedule with Increments of
progress, the owner or operator of the affected article, machine,
equipment, or other contrivance shall, within five days after
each of the dates specified in the compliance schedule, certify
to the A1r Pollution Control Officer, in the form and manner
specified by the Air Pollution Control Officer, that the incre-
ments of progress have or have not been achieved.
c. Whenever the Air Pollution Control District Hearing Board approves
a compliance schedule with increments of progress, the owner or
operator of the affected article, machine^equipment or other con-
trivance shall, within five days after each of the dates specified
in the compliance schedule, certify to the Air Pollution Control
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Officer, In the form and manner specified that the increments of
progress have or have not been achieved.
d. For the purposes on this Rule:
1. "Compliance Schedule" means the date or dates by which a
source or category of sources 1s required to comply with
specific emission limitations contained in any air pollution
rule, regulation, or statute and with any increment of pro-
gress toward such compliance.
2. "Increments of Progress" means steps toward compliance which
will be taken including:
a. The date of submlttal of the source's final control plan
to the Air Pollution Control Officer.
b. The date by which contracts for emission control systems
of process modifications will be awarded; or the date by
which orders will be issued for the purchase of component
parts to accomplish modification.
c. The date of initiation of onsite construction or instal-
lation of emission control equipment or process change.
d. The date by which onsite construction or installation of
emission control equipment or process modification is to
be completed.
e. The date by which final compliance is to be achieved.
f. Such additional Increments of progress as may be neces-
sary or appropriate to permit close and effective super-
vision.
(2.0) RULE 107 - Constitutionality.
If any rule, part of a rule, sentence, clause or phrase of these
regulations 1s for any reason held to be Invalid or unconstitutional,
such decision shall not affect the validity of the remaining portions
of these regulations.
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REGULATION II - PERMITS
(3.0) RULE 200 - Permits Required.
a. Authority to Construct. Before any person builds, erects, alters
or replaces any article, machine, equipment or other contrivance
which may cause the Issuance of air contaminants or the use of
which may eliminate or reduce or control the Issuance of air con-
taminants, such person shall obtain a written authority to con-
struct from the A1r Pollution Control Officer. An authority to
construct shall remain 1n effect until the permit to operate the
equipment for which the application was filed 1s granted or
denied or the application 1$ cancelled.
b. Permit to Operate. Before any person operates or uses any article,
machine, equipment or other contrivance which may cause the
Issuance of air contaminants, a written permit shall be obtained
from the A1r Pollution Control Officer. No permit to operate
or use shall be granted either by the A1r Pollution Control
Officer, or the Hearing Board for any such article, machine,
equipment or contrivance described herein until the Information
required is presented to the A1r Pollution Control Officer and
such article, machine, equipment or contrivance 1s altered, if
necessary, and made to conform to the standards set forth in
Rule 212 and elsewhere 1n these Rules and Regulations.
c. Review of Permits. The A1r Pollution Control Officer may at any
time require from an applicant for, or holder of, any authority
to construct or permit to operate, such Information, analyses
plans, or specifications as will disclose the nature, extent,
quantity or degree of air contaminants which are or may be
discharged into the atmosphere.
d. Post of Permit to Operate. A person who has been granted under
Rule 200 (b) a permit to operate any article, machine, equipment
or other contrivance described in Rule 200 (b), shall firmly
affix such permit to operate, or 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
article, machine, equipment or other contrivance 1s 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 article, machine
equipment or other contrivance, or maintained readily available
at all times on the operating premises.
e. Alteration of Permit. A person shall not willfully deface, alter,
forge, counterfeit, or falsify any permit Issued under these
Rules and Regulations.
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f. Control Equipment. Nothing 1n this rule shall be construed to
authorize the control officer to require the use of machinery,
devices, or equipment of a particular type or design If the
required emission standard may be consistently met by machinery,
devices, equipment, product,or process change otherwise availa-
ble.
(2.0) RULE 201 - Exemptions.
An authority to construct or a permit to operate shall not be
required for the sources hereinafter set out, provided, however, said
sources shall comply with all other applicable District Rules and
Regulations.
a. Vehicles as defined by the Vehicle Code of the State of California
but not including any article, machine, equipment, or other con-
trivance 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 1s 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 conjunction
with, air pollution control equipment.
3. Piston-type internal combustion engines.
4. Water cooling towers and water cooling ponds not used for
evaporative cooling of process water or not used for evap-
orative cooling of water from barometric jets or from baror
metric condensers.
5. Equipment used exclusively for steam cleaning.
6. Presses used exclusively for extruding metals, minerals,
plastics or wood.
7. Presses used for the curing of rubber products and plastic
products.
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8. Equipment used exclusively for space heating other than
boilers.
9. Equipment used for hydraulic or hydrostatic testing.
10. All sheet-fed printing presses and all other printing
presses without dryers.
11. Tanks, vessels and pumping equipment used exclusively for
the storage or dispensing of fresh commercial or purer
grades of:
a. Sulfuric acid with an add strength of 99 percent
or less by weight.
b. Phosphoric add with an add strength of 99 percent
or less by weight. ;
12. Ovens used exclusively for the curing of plastics which are
concurrently being vacuum held to a mold or for the soften-
ing or annealing of plastics.
13. Equipment used exclusively for the dyeing or stripping
(bleaching) of textiles: where no Organic solvents, diluents
or thlnners are used.
14. Equipment used exclusively to mill or grind coatings and
molding compound where all materials charged are In a paste
form.
15. Crucible type or pot type furnaces with a brimful capacity
of less than 450 cubic Inches of any molten metal.
16. Equipment used exclusively for the melting or applying of wax
where no organic solvents, diluents or thlnners are used.
17. Equipment used exclusively for bonding lining to brake shoes.
18. Lint traps used exclusively In conjunction with dry cleaning
tumblers.
19. Equipment used in eating establishments for the purpose of
preparing food for human consumption.
20. Equipment used exclusively to compress or hold dry natural
gas.
21. Tumblers used for the cleaning or deburring of metal products
without abrasive blasting.
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22. Shell core and shell mold manufacturing machines.
23. Molds used for the casting of metals.
24. Abrasive blast cabinet-dust filter Integral combination units
where the total Internal volume of the blast section is 50
cubic feet or less.
25. Batch mixers of five cubic feet rated working capacity or
less.
26. Equipment used exclusively for the packaging of lubricants
or greases.
27. Equipment used exclusively for the manufacture of water emul-
sions of asphalt, greases, oils or waxes.
28. Ovens used exclusively for the curing of vinyl plastisols by
the closed molding curing process.
29. Equipment used exclusively for conveying and storing plastic
pellets.
30. Equipment used exclusively for the mixing and blending of
materials at ambient temperature to make water-based adhesives.
31. Smokehouses in which the maximum horizontal Inside cross-sec-
tional area does not exceed 20 square feet.
32. Platen presses used for laminating.
33. Equipment used exclusively to grind, blend, or package tea,
cocoa, spices or roasted coffee.
e. The following equipment or any exhaust system or collector serving
exclusively such equipment:
1. Blast cleaning equipment using a suspension of abrasive in
water.
2. Ovens, mixers and blenders used in bakeries where products
are edible and intended for human consumption.
3. Kilns used for firing ceramic water, heated exclusively by
natural gas, liquified petroleum gas, electricity or any
combination thereof.
4. Laboratory equipment used exclusively for chemical or physi-
cal analyses and bench scale laboratory equipment.
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5. Equipment used for Inspection of metal products.
6. Confection cookers where the products are edible and Intended
for human consumption.
7. Equipment used exclusively for forging, pressing, rolling or
drawing of metals or for heating metals immediately prior to
forging, pressing, rolling or drawing.
8. Die casting machines.
9. Atmospheric generators used In connection with metal heat
treating processes.
10. Photographic process equipment by which an image 1s reprodu-
ced upon material sensitized to radiant energy.
11. Brazing, soldering, or welding equipment.
12. Equipment used excusively for the sintering of glass or
metals.
13. Equipment used for buffing (except automatic or semi-automa-
tic tire buffers), or polishing, carving, cutting, drilling,
machining, routing, sanding, sawing, surface grinding or
turning of ceramic artwork* ceramic precision parts, leather,
metals, plastics, rubber, fiberboard, masonry, carbon or
graphite.
14. Equipment used for carving, cutting, drilling, surface grind-
ing, planing, routing, sanding, sawing, shredding or turning of
wood, or the pressing or storing of sawdust, wood chips or
wood shavings.
15. Equipment using aqueous solutions for surface preparation,
cleaning, stripping, etching, (does not include chemical
milling) or the electrolytic plating with electrolytic polish-
ing of, or the electrolytic stripping of brass, bronze, cadmin,
copper, iron, lead, nickel, tin, zinc, and precious metals.
16. Equipment used for washing or drying products fabricated from
metal or glass, provided that no volatile organic materials
are used In the process and that no oil or solid fuel is
burned.
17. Laundry dryers, extractors or tumblers used for fabrics
cleaned only with water solutions of bleach or detergents.
18. Foundry sand mold forming equipment to which no heat is applied.
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19. Ovens used exclusively for curing potting materials or cast-
Ings made with epoxy resins.
20. Equipment used to liquefy or separate oxygen, nitrogen, or
the rare gases from the air.
21. Equipment used for compression molding and Injection molding
of plastics.
22. Mixers for rubber or plastics where no material in powder
form is added and no organic solvents, diluents or thinners
are used.
23. Equipment used exclusively to package Pharmaceuticals and
cosmetics or to coat pharmaceutical tablets.
24. Roll mills or calenders for rubber or plastic where no organ-
ic solvents, diluents, or thinners are used.
25. Vacuum producing devices used 1n laboratory operations or in
connection with other equipment which is exempt by Rule 201.
f. Steam generators, steam superheaters, water boilers, water heaters,
and closed heat transfer systems that have a maximum heat input
rate of less than 15 million British Thermal Units (BTU) per hour
(gross), and are fired exclusively with natural gas or liquified
petroleum gas or any combination thereof.
g. Natural draft hoods, natural draft stacks or natural draft venti-
lators.
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 synthe-
tic resins which contain no organic solvents.
3. Storage of liquified gases.
4. Unheating storage of organic materials with an Initial boiling
point of 300°F or greater.
5. The storage of fuel oils with a gravity of 25° API or lower.
6. The storage of lubricating oils.
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7. The storage of organic liquids, except gasoline, normally
used as solvents, diluents or thinners, Inks, colorants,
paints, lacquers, enamels, varnishes, liquid resins or
other surface coatings, and having a capacity of 6,000
gallons or less.
8. The storage of liquid soaps, liquid detergents, waxes, wax
emulsions or vegetable oils.
9. Asphalt elting kettles or molten asphalt holding tanks with
less than 250 gallon capacity.
10. Unheated solvent dispensing containers, unheated non-convey-
orlzed solvent rinsing containers or unheated non-conveyor-
ized coating dip tanks of 250 gallons capacity or less.
11. Storage of gasoline in underground tanks having a capacity of
250 gallons or less or installed prior to December 31, 1970.
Equipment used exclusively for heat treating glass or metals,
or used exclusively for case hardening, carburizing, cyanldlng,
nitridlng, carbonitriding, slltcontzlng or diffusion treating of
metal objects.
Crucible furnaces, pot furnaces or induction furnaces, with a
capacity of 1,000 pounds or less each, in which no sweating or
distilling is conducted and from which only the following metals
are held In a molten state:
1. Aluminum or any alloy containing over 50 percent aluminum.
2. Magnesium or any alloy containing over 50 percent magnesium.
3. Lead or any alloy containing over 50 percent lead.
4. Tin or any alloy containing over 50 percent tin.
5. Zinc or any alloy containing over 50 percent zinc.
6. Copper.
7. Precious metals.
Furnaces for the melting of lead or any alloy, or the holding of
lead or any alloy 1n a molten state where the metal 1s used exclu-
sively in printing processes.
Vacuum cleaning systems used exclusively for industrial, commer-
cial or residential housekeeping purposes.
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m. Structural changes which cannot change the quality, nature or
quantity of air contaminant emissions.
n. Repairs or maintenance not involving structural changes to any
equipment for which a permit has been granted.
o. Identical replacements in whole or in part of any article,
machine, equipment or other contrivance where a permit to operate
has previously been granted, for such equipment under Rule 200;
however, this exception shall not be applicable to equipment or
air pollution control equipment with respect to the loading of
gasoline into stationary tanks (Rule 419).
(2.0) RULE 202 - Transfer.
An authority to construct or permit to operate shall not be transfer-
able, by operation of law or otherwise, either from one location to
another, from one piece of equipment to another, or from one person
to another.
(3.0) RULE 203 - Applications.
Every application for an authority to construct or permit to operate
required under Rule 200 shall be filed in the manner and form pre-
scribed 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 209 hereof.
(3.0) RULE 204 - Cancellation of Applications.
An authority to construct shall expire and the application shall be
cancelled two years from the date of Issuance of the authority to
construct; provided, however, that when a period of longer than two
years 1s stated in the application to be required for the construc-
tion, the authority to construct shall expire and the application
shall be cancelled upon the expiration of the stated construction
period, but 1n any event not later than five years from the date of
Issuance of the authority to construct.
(3°.0) RULE 205 - Action on Applications.
The Air Pollution Control Officer shall act within 60 days after
receipt of an application for authority to construct, or permit to
operate, or within 30 days after the applicant furnishes additional
information requested by the Air Pollution Control Officer; and shall
notify the applicant in writing by mall or in person of the action
taken; namely, approval, conditional approval or denial. Notice of
the action taken shall be deemed to have been given when the written
notification has been deposited in the mail, postpaid, addressed to
the address shown on the application, or when personally delivered
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to the applicant or his representative.
(3.0) RULE 209 - Standards for Granting Applications.
a. The Air Pollution Control Officer shall deny an authority to con- •
struct, permit to operate or use, except as provided in Rule 210
if the applicant does not show that every article, machine,
equipment or other contrivance, the use of which may cause the
Issuance of air contaminants or the use of which may eliminate
or reduce or control the issuance of air contaminants, is so
designed, controlled or equipped with such air pollution control
equipment that it may be expected to operate without emitting air
contaminants in violation of these Rules and Regulations.
b. The Air Pollution Control Officer shall deny an authority to con-
struct, or permit to operate or use, 1f said A1r Pollution Control
Officer finds that the use of the article, machine, equipment or
other contrivance which 1s the subject of said authority or per-
mit 1s likely to cause the emission of air contaminants to the
extent that air quality standards adopted by the California Air
Resources Board or the Environmental Protection Agency will be
exceeded in the vicinity of said use or within the Great Basin
Unified Air Pollution Control District.
c. Before an authority to construct or a permit to operate is granted,
the A1r Pollution Control Officer may require the applicant to
provide and maintain such facilities as are necessary for sampling
and testing purposes in order to secure Information that will dis-
close the nature, extent, quantity or degree of air contaminants
discharged Into the atmosphere from the article, machine, equip-
ment or other contrivance described 1n the authority to construct
or permit to operate. In the event of such 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 plateform; and the utilities for operating the sampling
and testing equipment. The platform and access shall be construc-
ted in accordance with the General Industrial Safety Orders of
State of California.
d. In acting upon a permit to operate, if the Air Pollution Control
Officer finds that the article, machine, equipment or other
contrivance has not been constructed in accordance with the
authority to construct, he shall deny the permit to operate. The
Air Pollution Control Officer shall not accept any further appli-
cation for permit to operate the article, machine, equipment, or
other contrivance so constructed until he finds that the article,
machine, equipment or other contrivance has been constructed in
accordance with the authority to construct.
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e. The granting of a permit does not exempt the holder from present
and future regulations of the A1r Pollution Control District.
(2.0) RULE 210 - Conditional Approval.
The A1r Pollution Control Officer may Issue an authority to construct
or a permit to operate or use» subject to conditions which will assure
the operation of any article, machine, equipment or other contrivance
within the standards of Rule 209 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 article, machine, equipment or
other contrivance can operate within the standards of Rule 209 under
the revised conditions.
(3.0) RULE 211 - Denial of Applications.
In the event of denial of an authority to construct or permit to oper-
ate, the Air Pollution Control Officer shall notify the applicant in
writing of the reasons therefore. Service of this notification may
be made 1n person or by mall, addressed to the applicant at the add-
ress set forth on the application, and such service may be approved
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 com-
plied with the objections specified, by the Air Pollution Control
Officer as his reasons for denial of the authority to construct or
the permit to operate.
(2.0) RULE 212 - Additional Information.
Before acting on an application for authority to construct or permit
to operate, the Air Pollution Control Officer may require the appli-
cant to furnish additional Information or further plans or specifi-
cations.
(3.0) RULE 213 - Applications Deemed Denied.
The applicant may at Ms option deem the authority to construct or
permit to operate denied if the A1r Pollution Control Officer fails
to act on the application within 60 days after filing, or within 30
days after applicant furnishes the further Information, plans and
specifications requested by the Air Pollution Control Officer, which-
ever is later.
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(2.0) RULE 214 - Appeals.
Within ten days after notice by the Air Pollution Control Officer of
denial or conditional approval of an authority to construct or per-
mit to operate, or within ten days after the application is deemed
denied, pursuant to Rule 213, the applicant may petition the Hearing
Board, in writing, for a public hearing. The Hearing Board, after
notice and a public hearing held within 30 days after filing the
petition, may sustain, reverse or modify the action of the Air
Pollution Control Officer; such order nay be made subject to specified
conditions.
(14.0) RULE 215 - Public Availability of Emission Data.
a. The owner or operator of any stationary source within the Great
Basin Unified Air Pollution Control District shall, upon notifi-
cation from the Air Pollution Control Officer maintain records
of the nature and amounts of emission from such source and/or any
other information as may be deemed necessary by the Air Pollution
Control Officer to determine whether such source is in compliance
with applicable emission limitations or other control measures.
b. The information recorded shall be summarized and reported to the
Air Pollution Control Officer on forms furnished by the Great
Basin Unified Air Pollution Control District and shall be sub-
mitted within 30 days after the end of the reporting period.
Reporting periods are January 1 - June 30 and July 1 - December 31,
except that the initial reporting period shall commence on the
date the Air Pollution Control Officer issues notification of the
record keeping requirements.
c. Information recorded by the owner or operator and copies of the
summarizing reports submitted to the Air Pollution Control Officer
shall be retained by the owner or operator for two years after
the date on which the pertinent report is submitted.
d. Emission data obtained from owners or operators of stationary
sources pursuant to this paragraph will be correlated with appli-
cable emission limitations and other control measures and will
be available to the public during normal business hours at the
District's Office.
e. Request for public records should be specific and in sufficient
detail that the District may readily identify the specific infor-
mation requested. However, the owner of a source may request that
information provided to the Air Pollution Control District, which
information shall not Include actual emission data, be treated
as a trade secret pursuant to Government Code Section 6254.7.
Written justification far such requests are to be submitted to
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the Air Pollution Control District, and such justification will
be considered public record. The Air Pollution Control Officer
shall rule upon requests for trade secret status withtn thirty
(30) days of receipt of such request,
(10.0) RULE 216 - New_Source Review Requirements for Determining Impact oh Air
Quality."
a. Authority to Construct.
1. The Air Pollution Control Officer shall deny an authority to
construct for any new stationary source or modification of
an existing stationary source specified 1n paragraph (2) of
this rule unless he determined that the emissions from the
new source or modification may not be expected to result in
the violation or a contribution to the continued violation
of any state or national ambient air quality standard.
2. The Air Pollution Control Officer shall apply the provisions
of this rule to:
A. Any proposed new stationary source which he estimates
will emit:
(1) More than either fifteen (15) pounds per hour or
150 pounds per day of nitrogen oxides, organic
gases or any air contaminant for which there is a
state or national ambient air quality standard,
except carbon monoxide, or,
(ii) More than either 150 pounds per hour or 1500 pounds
per day of carbon monoxide.
B. Any proposed modification of an existing stationary source
that he estimates will emit after modification:
(i) More than either fifteen (15) pounds per day of
nitrogen oxides, organic gases or any air contaminant
for which there 1s a state or national ambient air
quality standard except carbon monoxide, or,
(11) More than either 150 pounds per hour or 1500 pounds
per day of carbon monoxide.
3. The Air Pollution Control Officer may exempt from the provis-
ions of this rule any new stationary source or modification
which he determines:
A. Is a modification which eliminates, reduces or controls
air contaminant emissions from an existing stationary
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source, provided that the emissions of any contaminant(s)
from the modified source will not be greater than such
emissions were from the existing source.
b. Will be a replacement for an existing stationary source
and will not result 1n emissions of any air contaminant
greater than those from the existing source.
C. Will have demonstrable basinwide air quality benefits,
provided however, that the California A1r Resources Board
U. S. Environmental Protection Agency, after making a
technical analysis, concur with the Air Pollution Control
Officer's conclusion that such benefits will be derived.
Calculations and technical data used by the Air Pollution
Control Officer as the basis for granting the exemption
shall be made available to the A1r Resources Board and
Environmental Protection Agency, or
D. Will be used exclusively for providing essential public
services. Including but not limited to hospitals, police,
and fire fighting facilities, and will employ the best
practicable emission control methods and equipment.
4. When the A1r Pollution Control Officer intends to grant an
exemption under paragraph (3) he shall publicize a notice
by prominent advertisement in at least one newspaper of gen-
eral circulation in the District and shall notify in writing
the U. S. Environmental Protection Agency, and the California
Air Resources Board and all counties in the Air Basin of his
intention. No exemption shall be granted until at least 30
days after the date of publication and notification to the
above agencies. In making his decision the Air Pollution
Control Officer shall consider any comments received, and,
in the case of exemptions proposed under subparagraph (3-C),
a condition of a decision to grant an exemption shall be the
concurrence of the California Air Resources Board and the U.S.
Environmental Protection Agency, as provided for in said
subparagraph (C).
5. Notwithstanding the criteria specified in paragraph (2) the
Air Pollution Control Officer may apply the provisions of
this rule to any new or modified stationary source if, in his
opinion, the emissions from the source might result in a
violation or a contribution to the continued violation of any
state or national ambient air quality standard.
6. Before granting or denying an authority to construct for any
new stationary source or modification subject to the require-
ments of this rule, the Air Pollution Control Officer shall:
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A. Require the applicant to submit Information sufficient
to describe the nature and amounts of emissions, loca-
tion, design, construction, and operation of the source;
and to submit any additional information required by
the Air Pollution Control Officer to make the analysis
of this rule.
B. Require the applicant to submit the projected expansion
plans for the stationary source for the ten-year period
subsequent to the date of application for authority to
construct.
C- Analyze the effect of the new stationary source or modi-
fication on air quality. Such analyses shall consider
expected air contaminant emissions and air quality in
the vicinity of the new source or modification, within
the Air Basin, and within adjoining air basins at the
time the source or modification is proposed to commence
operation. Such analyses shall be based on application
of existing state and local control strategies.
D. Make available for public inspection at the Air Pollution
Control District office, the information submitted by
the applicant, the Air Pollution Control Officer's analy-
sis of the effect of the source on air quality, and the
preliminary decision to grant or deny the authority to
construct.
E. Publish a notice by prominent advertisement in at least
one newspaper of general circulation in the District
stating where the public may inspect the information
required in subparagraph (D) of this paragraph. The
notice shall provide 30 days, beginning on the date of
publication, for the public to submit comments on the
application.
F. Forward copies of the notice required in suparagraph (E)
of this paragraph to the I). S. Environmental Protection
Agency, the California Air Resources Board, all Counties
in the Air Basin, and all adjoining Air Pollution Control
Districts in other air basins.
G. Consider the public comments submitted.
Receipt of an authority to construct shall not relieve the
owner or operator of responsibility to comply with the appli-
cable portions of the control strategy.
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8. Within 30 days after the granting of an authority to construct
to a source subject to this rule, the Air Pollution Control
Officer shall forward to the California Air Resources Board
a copy of the authority to construct, including conditions
imposed upon the source and calculations and support data
used in determining that the authority to construct should
be granted.
b. Permits to Operate.
1. The Air Pollution Control Officer shall deny a permit to
operate to any stationary source subject to the requirements
of Rule A except as provided in paragraph 2 of this rule.
2. The Air Pollution Control Officer shall not grant a permit
to operate to any stationary source that he determines emits
quantities of air contaminants greater than those assumed in
the analysis required for the authority to construct for the
source, unless the Air Pollution Control Officer.performs
the air quality impact analysis required by paragraph (6) of
Rule A and determines that the actual emissions from the
source may not be expected to result in the violation or a
contribution to the continued violation of any state or
national ambient air quality standard.
3. The Air Pollution Control Officer shall impose conditions on
a permit to operate such as he deems necessary to ensure
that the stationary source will be operated in the manner
assumed in making the analysis required by Rule A or paragraph
(2) of this rule, whichever is applicable. Where appropriate,
this shall include a condition to prohibit a new stationary
source which is a replacement for an existing stationary
source from operating, unless the operation of the existing
source 1s terminated.
4. Sources having received an authority to construct prior to
the adoption of Rule A shall not be subject to the provisions
of this rule.
5. Within 30 days after granting of a permit to operate to a
source subject to this rule, the Air Pollution Control Officer
shall forward to the Air Resources Board a copy of the permit
including conditions imposed upon the source and calculations •
and support data used in determining that the permit should
be granted
c. Sources existing and in operation prior to the adoption of Regu-
lation III are not subject to the provisions of this Regulation
III. This exemption 1s not Intended and shall not be applied to
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modifications of sources occurring after the adoption of this
regulation. Additionally, this exemption does not exempt a
source from other provisions within these rules and regulations.
d. For the purposes of Sections a, b and c 1n Rule 216, the follow-
ing definitions shall be applicable:
1. "Stationary source" means a unit or an aggregation of units
of air contaminant emitting articles* machines, equipment
or other contrivances, all of which are located on adjoining
properties having one ownership, and all of which are deter-
mined by the Air Pollution Control Officer to be related to
one another through a similar product, raw material or func-
tion.
2. "Modification" means any physical change in a stationary
source, or change 1n the method of operation thereof.
3. "Control strategy" means a combination of measures designed
to reduce air contaminant emissions.
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REGULATION III - FEES
(3.0) RULE 300 - Permit Fees.
a* Filing Fee. Every applicant, except any state or local govern-
mental agency or public district, for an authority to construct
or a permit to operate any article, machine, equipment or con-
trivance, for which an authority to construct or permit to oper-
ate Is required by (the State Law or) the Rules and Regulations
of the A1r Pollution Control District, shall pay a filing fee of
$20.00.
Where an application 1s 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 200 and no alteration, addi-
tion or transfer of location without permit has been made, the
applicant shall pay only a $10.00 filing fee.
b- Permit Fee Penalty. When the permit 1s Issued, it shall be accom-
panied by a statement of the fee to be paid. If the fee is not
paid within 30 days after the permit is issued, the fee shall be
increased by one half the amount thereof and the Air Pollution
Control Officer shall thereupon promptly notify the applicant of
the increased fee by mail. If the increased fee is not paid
within 60 days after the permit 1s Issued, the application shall
be deemed withdrawn and cancelled. The A1r Pollution Control
Officer shall so notify the applicant by mail, and the permit
shall be void.
c. 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, the provisions of Rule 301 shall apply.
d. Cancellation or Denial. If an application for an authority to
construct or a permit to operate 1s cancelled or if an authority
to construct or 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.
e. Alteration of Equipment. Where an application is filed for an
authority to construct or a permit to operate exclusively involving
alterations, or additions resulting in a change to any existing
article, machine, equipment or other contrivance holding a permit
under the provisions of Rule 200 of these Rules and Regulations,
the applicant shall be assessed a fee based upon the Increase in
total horsepower rating, the Increase in a 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
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in total stationary container capacity resulting from such alter-
ations 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. Where a new permit 1s granted because of alterations or
additions to equipment which had previously been granted a per-
mit under Rule 200, the annual renewal fee will be calculated on
the basis of a new rating and will cpntinue to be due and payable
on the anniversary date of the original permit.
f- Revising Permit Conditions. Where an application 1s filed for a
permit to operate exclusively Involving revisions to the conditions
of an existing permit to operate, the applicant shall pay only
the amount of the filing fee required herein. The annual renewal
fee will continue to be due and payable on the anniversary date
of the original permit.
9- Biennial Renewal Fee. Biennially on the anniversary of the
Issuance of a permit to operate granted under Rule 200, the per-
mitee shall pay a rewewal fee amounting to one-fourth of the
initial permit fee under current fee schedules. 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 mall 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 mall.
"• Multiple Locations. When permits have been issued to operate
movable equipment at two or more locations, only one biennial
renewal fee will be charged. The anniversary date on which the
biennial renewal fee will be due will be that noted on the orig-
inal permit.
1- Duplicate Permit. A request for a duplicate permit to operate
shall be made In writing to the A1r Pollution Control Officer
within ten days after the destruction, loss or defacement of a
permit to operate and shall contain the reason duplicate permit
is being requested. A fee of $5.00 shall be paid except by any
state or local government agency or public district, for issuing
a duplicate permit to operate.
(3.0) RULE 301 - Permit Fee Schedules.
Each permit shall be assessed a permit fee according to the following
applicable schedule. The filing fee shall be applied to the fee
prescribed for the issuance of the permit. It is hereby determined
that the cost of issuing permits, and of inspections pertaining to
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such Issuance exceeds the fees prescribed herein. In the event that
more than one fee schedule 1s applicable to a permit to operate, the
governing schedule shall be that which results 1n the higher fee.
SCHEDULE I
ELECTRIC MOTOR HORSEPOWER SCHEDULE
Any article, machine, equipment, or other contrivance where an elec-
tric motor 1s used as the power supply shall be assessed a permit
fee based on the total rated motor horsepower of all such electric
motors Included 1n any such article, machine, equipment, or other
contrivance, 1n accordance with the following schedule:
HORSEPOWER FEE
up to and Including 5 $ 20.00
greater than 5 but less than 15 $ 40.00
15 or greater but less than 30 $ 60.00
30 or greater but less than 45 ,..$ 80.00
45 or greater but less than 65 $100.00
65 or greater but less than 125 $150.00
125 or greater but less than 200 $200.00
200 or greater $300.00
SCHEDULE 2
FUEL BURNING EQUIPMENT SCHEDULE
Any article, machine, equipment or other contrivance 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
fuel consumption of the article, machine equipment or other contri-
vance expressed in thousands of British Thermal Units (BTU) per hours,
using gross heating values of the fuel,"1" accordance with the follow-
ing schedule:
1000 BRITISH THERMAL UNITS PER HOUR FEE
up to and Including 150... ,. $ 20.00
greater than 150 but less than 500 $ 40.00
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1000 BRITISH THERMAL UNITS PER HOUR FEE
500 or greater but less than 1,500 $ 60.00
1,500 or greater but less than 5,000 $ 80.QO
5,000 or greater but less than 15,000 $100.00
15,000 or greater but less than 50,000 $150.00
50,000 or greater but less than 150,000 $200.00
150,000 or greater but less than 500,000... , $250.00
500,000 or greater $300.00
SCHEDULE 3
ELECTRICAL ENERGY SCHEDULE
Any article, machine, equipment or other contrivance which uses elec-
trical energy, with the exception of electric motors covered in
Schedule 1, shall be assessed a permit fee based on the total kilovolt
ampere (KVA) ratings, in accordance with the following schedule:
KILOVOLT AMPERE FEE
up to and including 45 $ 20.00
greater than 45 but less than 145 $ 40.00
145 or greater but less than 450 $ 60.00
450 or greater but less than 1,450 $ 80.00
1,450 or greater but less than 4,500 $100.00
4,500 or greater but less than 14,500 $150.00
14,500 or greater but less than 45,000 $200.00
45,000 or greater but less than 145,000 $250.00
145,000 or greater $300.00
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SCHEDULE 4
INCINERATOR SCHEDULE
Any article, machine, equipment or other contrivance designed and
used primarily to dispose of combustible refuse by wholly consuming
the material charged leaving only the ashes or residue shall be
assessed a permit fee based on the following schedule of the maxi-
mum horizontal Inside cross sectional area, tn square feet, of the
primary combustion chamber:
AREA IN SQUARE FEET FEE
up to and Including 3 ,.....,$ 20.00
greater than 3 but less than 6 $ 40.00
6 or greater but less than 9 $ 60.00
9 or greater but less than 16 $ 80.00
16 or greater but less than 27 $100,00
27 or greater but less than 45 .$150.00
45 or greater but less than 90 $200.00
90 or greater but less than 200 ,..$250,00
200 or greater .$300.00
SCHEDULE 5
STATIONARY CONTAINER SCHEDULE
Any stationary tank, reservoir or other container shall be assessed
a permit fee based on the following schedule of capacities in gallons
or cubic equivalent:
GALLONS FEE
up to and Including 4,000 $ 20.00
greater than 4,000 but less than 40,000 .$ 40.00
40,000 or greater but less than 400,000 $ 60.00
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GALLONS FEE
400,000 or greater but less than 4,000,000 $100.00
4,000,000 or greater $150.00
SCHEDULE 6
MISCELLANEOUS SCHEDULE
Any article, machine, equipment or other contrivance for which a
permit to operate 1s required and which 1s not Included 1n the
preceding schedules shall be assessed a permit fee of $20.00
(3.0) RULE 302 - Analysis Fees.
Whenever the Air Pollution Control Officer finds that an analysis
of the emission from any source 1s necessary to determine the extent
and amount of pollutants being discharged Into the atmosphere which
cannot be determined by visual observation, he may order the collec-
tion of samples and the analysis made by qualified personnel of the
Air Pollution Control District. The time required for collecting
samples, making the analysis, and preparing the necessary reports,
but excluding time required in going to and from such premises shall
be charged against the owner or operator of said premises in a rea-
sonable sum to be determined by the Air Pollution Control Officer,
which said sum is not to exceed the actual cost of such work.
(13.0) RULE 303 - Technical Reports - Charges For.
Information, circulars, reports of technical work, and other reports
prepared by the A1r Pollution Control Districts when supplied to
other governmental agencies or Individuals or groups requesting
copies of the same may be charged for by the district in a sum not
to exceed the cost of preparation and distribution of such documents.
All such monies collected shall be turned into the general funds of
said district.
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REGULATION IV - PROHIBITION?
(50.1.2) RULE 400 - Ringelmann Chart.
A person shall not discharge Into the atmosphere from any single
source of emission whatsoever any air contaminant for a period or
periods aggregating more than three minutes 1n any one hour which
1s:
a. As dark or darker 1n shade as that designated as No. 1 on the
Ringelmann Chart, as published by the United States Bureau of
Mines, or
b. Of such opacity as to obscure an observer's view to a degree
equal to or greater than does smoke described In subsection (a)
of this rule.
(50.1) RULE 401 - Fugitive Dust.
a. A person shall take reasonable precautions to prevent visible
particulate matter from being airborne, under normal wind
conditions, beyond the property from which the emission origi-
nates. Reasonable precautions Include but are not limited to:
1. Use, where possible, of water or chemicals for control of
dust in the demolition of existing buildings or structures,
construction operations, the grading of roads or the clearing
of land;
2. Application of asphalt, oil, water, or suitable chemicals on
dirt roads, material stockpiles, and other surfaces which
can give rise to airborne dusts;
3. Installation and use of hoods, fans, and fabric filters, to
enclose and vent the handling of dust materials. Adequate
contaminant methods shall be employed during such handling
operations;
4. Use of water, chemicals, Chuting, venting, or other precau-
tions to prevent particulate matter from becoming airborne
in handling dusty materials to open stockpiles and mobil
equipment;
5. Maintenance of roadways in a clean condition.
b. This rule shall not apply to emissions discharged through a stack.
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(50.7) RULE 402 - Nuisance.
A person shall not discharge from any source whatsoever such quanti-
ties of air .contaminants or other materials which cause Injury, det-
triment, nuisance or annoyance to any considerable number of persons
or the public or which endanger the comfort, repose, health or safety
of any such persons or the public or which cause or have a natural
tendency to cause injury or damage to business or property.
(50.1) RULE 404 - Part1culate Hatter.
a. Concentration. A person shall not discharge from any source
whatsoever particulate matter 1n excess of 0.3 grain per standard
dry cubic foot of exhaust gas.
b. Process Weight. A person shall not discharge in any one hpur
from any source whatsoever particulate matter in excess of the
amount shown in Table II.
c. From fuel burning equipment having a maximum heat Input rate of
more than 1-1/2 billion BTU per hour (gross), flue gas having a
concentration of nitrogen oxides calculated as nitrogen dioxide
(N02) in parts per million parts of flue gas (ppm) by volume at
3 percent oxygen: 125 ppm with natural gas fuel, or 225 ppm with
liquid or solid fuel.
d. From sources other than combustion sources, nitrogen oxides, cal-
culated as nitrogen dioxide (N02): 250 parts per million by
volume.
(2.0) RULE 405 - Exceptions
Rule 400 does not apply to:
a. F1re set by or permitted by a public officer 1f such fire is set
or permission given 1n the performance of an 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 other means, or
2. The instruction of public employees in the methods of fight-
ing fire.
b. Fires set pursuant to a permit on property used for industrial
purposes for the purpose of instruction of employees in methods
of fighting fires.
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c. Agricultural operations necessary In the growing of .crops or
raising of fowls or animals, or
d. The use of an orchard, field crop, or citrus grove heater which
does not produce unconsumed, solid carbonaceous matter at a rate
in excess of that allowed by state law.
e. The use of other equipment in agricultural operations necessary
in the growing of crops, or raising of fowls, or animals.
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TABLE II
MAXIMUM ALLOWABLE EMISSION RATE
BASED ON PROCESS WEIGHT RATE
Process
Weight
Rate (Lb/Hr)
50
100
150
200
250
300
350
400
450
500
550
600
650
700
750
800
850
900
950
1000
1100
1200
1300
1400
1500
1600
1700
1800
1900
2000
2100
2200
2300
2400
2500
2600
2700
2800
2900
Maximum Allowable
Solid Paniculate
Emission Rate *
(Lb/Hr)
.24
.46
.66
.85
1.03
1.20
1.
1.
35
50
1.63
1.77
1.89
01
12
24
30
43
53
62
72
80
97
12
26
40
54
66
79
91
03
14
24
34
44
55
64
4.74
4,
4.
84
92
5.02
Process Weight
Weight
Rate (Lb/Hr.)
3400
3500
3600
3700
3800
3900
4000
4100
4200
4300
4400
4500
4600
4700
4800
4900
5000
5500
6000
6500
7000
7500
8000
8500
9000
9500
10000
11000
12000
13000
14000
15000
16000
17000
18000
19000
20000
30000
40000
Maximum All
Solid Partlculate
Emission Rate
(Lb/Hr)
44
52
5.61
5.
5,
5,
5.
6,
6,
6,
69
77
85
93
01
08
15
6.22
6.30
6.37
6.45
6.52
6.60
6.67
7.
7.
9.
9.
.03
.37
7.71
8.05
8.39
8.71
.03
.36
9.67
10.0
10.63
11.28
11.89
12.50
13.13
13.74
14.36
14.97
15.58
16.19
22.22
28.3
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Process
Weight
Rate (Lb/Hr)
3000
3100
3200
Maximum Allowable
Solid Paniculate
Emission Rate *
(Lb/Hr.)
5.10
5.18
5.27
Process Weight
Weight
Rate (Lb/Hr)
50000
60000
or
more
Maximum All
Solid Particulate
Emission Rate
(Lb/Hr)
34.3
40.0
*Sum of emissions from all emission points or process.
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(51.13) RULE 406 - Open Outdoor Fires.
A person shall not burn any combustible refuse In any open outdoor
fire within the boundaries of the Great Basin Unified A1r Pollution
Control District, except;
a. When such fire 1s set or permission for such fire is given in
the performance of the official duty of any public 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 other means, or
2. The instruction of public employees, or public volun-
teers under the supervision of a public officer, in
the methods of fighting fire.
b. When such fire is set pursuant on property used for Industrial
purposes for the purse of instruction of employees in methods of
fighting fire.
c. Agricultural fires necessary to maintain and continue an agri-
cultural operation set or permitted by a fire official having
Jurisdiction in the performance of official duty for the pur-
poses of:
1. Control and disposal of agricultural wastes.
2. Range improvement burning.
3. Forest management burning.
4. Fires set in the course of any agricultural operation
in the growing of crops, or raising of fowls or animals.
5. Abatement of an Immediate health hazard.
d. On burn days only, when authorized by both the State Air Resources
Board and the Great Basin Unified Air Pollution Control District,
fires for the disposal of household rubbish of a single or two-
family dwelling on its premises.
e. Fires used only for the cooking of food for human beings or for
recreational purposes.
f. Fires, on burn days only, when authorized by both the State Air
Resources Board and the Great Basin Unified A1r Pollution Control
District, used for the clearing of rights-of-way by a public
entity or public utility where access by chipping equipment is
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not available by existing means or for reservoir maintenance.
g. Except in case of emergency, permits for the setting of a fire
or fires permitted by this rule shall be granted by the Air
Pollution Control Officer, or by the public fire official having
jurisdiction over the proposed bum location.
(51.9) RULE 407 - Incinerator Burning.
A person shall not burn any combustible refuse in any Incinerator,
except in a multiple-chamber Incinerator as described in Rule 101(n),
or In equipment found by the A1r Pollution Control Officer 1n advance
of such use to be equally effective for the purpose of air pollution
control as an approved multiple-chamber incinerator.
(51.13) RULE 408 - Burning of Agricultural Wastes.
a. No person shall burn agricultural wastes on "no bum" days as
announced dally by the State Air Resources Board for the Counties
of Inyo, Mono, and Alpine, or when prohibited by the Air Pollution
Control Officer. However, the Air Pollution Control Officer may
by permit authorize such burnings on "no burn" days if denial
of such permit would threaten an Imminent and substantial economic
loss.
b. Such burning when authorized shall conform to the following cri-
teria:
1. Material to be burned shall be as dry as feasible prior to
burning, and shall be free from combustible Impurities such
as tires, tar paper, rubbish, plastics, demolition or con-
struction debris, and shall be reasonably free of dirt, soil,
and visible surface moisture.
2. Trees and branches over two Inches 1n diameter shall have
been dried for at least ten days prior to burning.
3. Branches under two Inches in diameter and prunlngs shall have
been dried for at least one week prior to burning.
4. Wastes from field crops that are cut in a green condition
shall have been dried for at least one week prior to burning.
5. Exceptions to the foregoing may be made by the fire authority
which issues the permits to burn, after notification to the
Air Pollution Control Officer, and 1f the material to be
burned is diseased or insect infested and there would be
irreparable damage 1f the foregoing standards were rigidly
enforced.
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6. Material to be burned shall be so arranged as to burn with a
minimum of smoke.
7. Empty fertilizer and pesticide sacks or containers may be
burned on burn days only in the field where the sacks or
containers are emptied or in other areas approved by the
Air Pollution Control Officer.
8. All burning shall conform to the applicable jurisdictional
fire code(s).
c. The following practice shall not be followed:
The use of oil or tires in connection with the Ignition or burn-
ing of agricultural wastes, roadsides, ditch banks, or patches
of vegetation.
d. No agricultural wastes shall be burned without a permit issued by
a fire protection authority having jurisdiction over the proposed
burn location. As a condition to the Issuance of a permit, each
applicant shall provide the Information required by the issuing
agency on forms prepared jointly by said agency and the District.
The permit may place a limit upon the amount of materials to be
burned in any one day and the hours of the day during which time
the material may be burned.
e. Agricultural burning at altitudes above 6000 feet (msl) is exempt
from the requirement of Rule 408.
(51.13) RULE 409 - Range Improvement Burning.
a* No range Improvement or forest management burning may be done
without first having obtained a permit from the California Division
of Forestry or other designated agency having jurisdiction over
the proposed burn location.
b. No person shall conduct range Improvement burning on "no bum"
days as announced daily by the State Air Resources Board for the
Inyo, Mono and Alpine Counties or when such burning is prohibited
by the A1r Pollution Control Officer except:
1. When a permissive burn decision has been given by the Air
Resources Board in advance as provided by the State Guidelines
under the Advance Burn Notification Program, and such commit-
ment has not been cancelled by the Air Resources Board of
such a burn date.
2. When the Air Pollution Control Office has so authorized by
permit.
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c. Range improvement burning when permitted shall conform to the
following criteria:
1. Before a permit may be issued for a range improvement bum,
a plan for the burn shall be submitted by the owner, or
his agent, of the land on which the burn is proposed to the
District and the California Division of Forestry, or other
designated agency having jurisdiction over the proposed burn
location.
2. The plan shall cover the following:
Ownership, location, equipment available, manpower available,
fireguard locations, proposed date and hour of burn treatment
given to trees and brush, method and plan for ignition, loca-
tion of populated areas, if any, within 20 miles of the exter-
ior boundaries of the burn, or any other information required
by the District or the Division of Forestry, or other desig-
nated agency having jurisdiction over the proposed bum loca-
tion.
3. Prior to issuance of a permit, the plan for the proposed burn
must be satisfactory to the District and the California
Division of Forestry, or other designated agency having juris-
diction over the proposed burn location.
4. Where economically and technically feasible, brush shall be
treated by chemical or mechanical means at least 60 days
prior to a proposed burn, to kill or uproot the brush in order
to insure rapid combustion.
5. Unwanted trees over 6" in diameter in the burn area or those
not effectively treated at the time of the brush treatment
shall be felled at least three months prior to the burn, but
a longer time may be required whre conditions warrant.
6. The burn shall be ignited only be devices and methods approved
by the California Division of Forestry, or the local fire
protection agency, and ignition shall be as rapid as practi-
cable within applicable fire control restrictions.
7. Not more than one control burn shall be conducted within any
one five-day period.
8. The number of acres in any one burn may be limited by the
District, taking into consideration matters which would affect
the ambient air quality of the District, and particularly the
effects on nearby populated areas.
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9. Burning being done primarily for improvement of land for wild-
life and game habitat shall require the filing with the
District a statement obtained from the Department of Fish and
Game certifying the burning is desirable and 'proper for the
improvement of land for wildlife and game habitat.
10. Burning shall not be allowed on Sundays or legal Holidays.
11. All burning shall conform to the applicable jurisdictional fire
code(s).
12. Burning shall not be allowed when the wind direction is toward
a populated area.
(51.13) RULE 410 - Forest Management Burning.
a. No forest management burning may be done without first having
obtained a permit from the California Division of Forestry or
other designated agency having jurisdiction over the proposed burn
locations.
b. No person shall conduct forest management burning on "no burn"
days as announced dally by the State A1r Resources Board for
Inyo, Mono and Alpine Counties, or on days where the Air Pollution
Control Officer has prohibited such burning.
c. Forest management burning when permitted shall conform to the
following criteria:
1. Before a permit may be issued for a forest management burn,
a plan for the burn shall be submitted by the owner, or his
agent, of the land on which the burn 1s proposed, to the
District and the California Division of Forestry, or other
designated agency having jurisdiction over the proposed burn
location.
2. Where economically and technically feasible, unwanted trees
and brush shall be treated by chemical or mechanical means or
at least two weeks prior to the proposed burn to kill or
uproot the trees or brush in order to Insure rapid combustion.
3. Wastes shall be dried sufficiently to Insure rapid combustion.
4. Waste to be burned shall be free from tires, rubbish, tar
paper, and construction and demolition debris.
5. Where possible, unless good management dictates otherwise,
waste to be burned shall be windrowed or piled so as to burn
with a minimum of smoke.
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6. Piled or windrowed waste should be reasonably free from soil
or surface moisture.
7. Not more than one forest management bum shall be conducted
within the District 1n any one five-day period.
8. The amount of material 1n any one burn may be limited by the
District, taking Into consideration matters which would affect
the ambient air quality of the District.
9. The material to be burned shall be Ignited only by devices
approved by the California Division of Forestry, or the local
fire protection agency, and Ignition shall be as rapid as
practicable within applicable fire control restrictions.
10. Burning shall not be allowed on Sundays or legal Holidays.
11. All burning shall conform to the applicable jurisdlctional
fire code(s).
12. Burning shall not be allowed when the wind direction is
toward a populated area.
(11.0) RULE 411 - Hazardous Materials.
No hazardous materials shall be discharged from any source so as to
result on concentrations in excess of any State, Federal, or local
emission limits established.
In the absence of specific standards for particular hazardous material,
the airborne concentrations of such materials shall not exceed those
levels and time intervals established by the State Division of
Industrial Safety or the Occupations Safety and Health Administration.
(51.8) RULE 412 - Operation of Roofing Kettles.
a. A person shall not operate or use any article, machine, equip-.
ment or other contrivance for the heating, melting, or liquefying
of roofing asphalt or coal tar pitch unless all gases, vapors, and
gas-entrained effluents from such article, machine, equipment or
other contrivance are:
1. Incinerated at a temperature of not less than 1450 degrees
fahrenheit for a period of not less than 0.3 seconds or
2. Processed in such a manner determined by the Air Pollution
Control Officer to be equally or more effective for the pur-
pose of air pollution control than (a) above.
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b. Nothing in this rule, however, shall operate to prevent the charg-
ing of any article, machine, equipment or other contrivance with
roofing asphalt or coal tar pitch for a period not to exceed three
minutes in any one hour.
c. A person incinerating or processing gases, vapors, or gas-entrained
effluents pursuant to this article shall provide, properly install,
and maintain 1n good working order, devices capable of correctly
indicating and controlling operating temperatures.
(51.21) RULE 413 - Reduction of Animal Matter.
a. 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:
1. Incinerated at temperatures of not less than 1200 degrees
Fahrenheit for a period of not less than 0.3 seconds; or
2. 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.
b. A person incinerating or processing gases, vapors or gas-entrained
effluent pursuant to this rule shall provide, properly install
and maintain 1n calibration, in good working order and in operation,
devices, as specified 1n the Authority to Construct or Permit to
Operate or as specified by the Air Pollution Control Officer, for
recording temperature pressure or other operating conditions.
c. The provisions of this rule shall not apply to any article,
machine, equipment or other contrivance used exclusively for the
processing of food for human consumption.
(50.2) RULE 416 - Sulfur Compounds and Nitrogen Oxides.
(50.3)
A person shall not discharge from any single source whatsoever any
one or more of the following contaminants 1n any state or combination
thereof, exceeding in concentration or amount at the point of dis-
charge to the atmosphere:
1. Sulfur compounds calculated as sulfur dioxide: 0.2% by volume.
2. Nitrogen oxides, calculated as nitrogen dioxide (N02): 140
pounds per hour from any new or expanded boiler, furnace, jet
engine, or similar fuel burning equipment for the production
of power or heat.
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(50.4) RULE 417 - Organic Solvents.
a. A person shall not discharge more than 15 pounds of organic mater-
ials Into the atmosphere in any one day, nor more than three
pounds 1n any one hour, from any article, machine, equipment or
other contrivance in which any organic solvent or any material
containing 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 a continuous web, strip,
or wtre which emit organic materials and use continuous operations
described in this section shall be collectively subject to com-
pliance with this section.
b. A person shall not discharge more than 40 pounds of organic
materials into the atmosphere in any one day, nor more than eight
pounds in any one hour, from any article, machine, equipment or
other contrivance used under conditions other than described in
section (a), for employing or applying, any photochemically
reactive solvent, as defined in Section (j) or material contain-
ing such photochemically reactive solvent, unless said discharge
has been reduced by at least 85 percent. Emissions of organic
materials Into the atmosphere resulting from atr or heating
drying of products for the first 12 hours after their removal
from any article, machine, equipment, or other contrivance
described in this section shall be included in determining com-
pliance with this section. Emissions resulting from taking, heat
curing or heat-polymerizing as described in section (a) shall be
excluded from determination of compliance with this secti'on.
Those designed for processing a continuous web, strip or wire
which emit organic materials and use operations described in this
section shall be collectively subject to compliance with this
section.
c. A person shall not discharge into the atmosphere more than 3,000
pounds of organic materials 1n any one day, nor more than 450
pounds in any one hour, from any article, machine, equipment or
other contrivance in which any non-photochemically reactive organic
solvent or any material containing such solvent 1s 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 of products for the first 12
hours after their removal from any article, machine, equipment,
or other contrivance described in this section shall be included
in determining compliance with this section. Emissions resulting
from baking, heat-curing, or heat polymerizing as described in
section (a) 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
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a continuous web, strip or wire which emit organic materials and
use operations described in this section shall be collectively
subject to compliance with this section.
d. Emissions or organic materials to the atmosphere from the cleanup
with photochemically reactive solvent, as defined in section (j),
of any article, machine, equipment or other contrivance described
in sections (a), (b), or (c) shall be included with the other
emissions or organic materials from that article, machine, equip-
ment or other contrivance for determing 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 1s 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, adsorbing or otherwise processing organic
materials pursuant to this rule shall provide, properly install
and maintain in calibration, in good working order and in opera-
tion, devices as specified in the authority to construct or the
permit to operate, or as specified by the Air Pollution Control
Officer, for indicating and recording temperatures, pressures,
rates of flow or other operating conditions necessary to determine
the degree and effectiveness or air pollution control.
g. Any person using organic solvents or any materials containing
organic solvents shall supply the Air Pollution Control Officer
upon request and in the manner and form prescribed by him,
written evidence of the chemical compositions, 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 417, 418, 419 and 420 or which are exempt from air
pollution control requirements by said rules.
3. The spraying or other employment of insecticides, pesticides
or herbicides.
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4. The employment, application, evaporation or drying of satur-
ated halogenated.hydrocarbons or perchloroethylene.
5. The use of any material, in any article, machine, equipment
or other contrivance described in sections (a)t (b), (c), or
Cd), if:
(1) the volatile content of such material consists only of
water and organic solvents, and
(ii) the organic solvents comprise not more than 20 percent
of said volatile content, and
(iii) the volatile content is not photochemically reactive as
defined in section (j), and
(iv) the organic solvent or any material containing 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) the organic solvent content of such material does not
exceed 20 percent by volume of said materials, and
(ii) the volatile content is not photochemically reactive as
defined in section (j), and
(iii) more than 50 percent by volume of such volatile material
is evaporated before entering a chamber heated above
ambient application temperature and
(iv) the organic solvent or any material containing organic
solvent does not come Into contact with flames.
7. The use of any material in any article, machine, equipment or
other contrivance described in sections (a), (b), (c), or (d),
if:
(1) the organic solvent content of such material does not
exceed five percent by volume of said material and
(11) the volatile content 1s not photochemically reactive as
defined in section (j) and
(ill) the organic solvent or any material containing organic
solvent does not come into contact with flame.
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1. For the purposes of this rule, organic solvents Include dilutents
and thlnners and are defined as organic materials which are liquids
at standard conditions and which are used as dlssolvers, viscosity
reducers or cleaning agents, except that such materials which
exhibit a boiling point higher than 220°F. at 0.5 millimeter mer-
cury absolute pressure or have an equivalent vapor pressure shall
not be considered to be solvents unless exposed to temperatures
exceeding 220°F.
j. For the purposes of this rule, 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 composi-
tion limitations, referred to the total volume of solvent:
1. A combination of hydrocarbons, alcohols, aldehydes, esters,
ethers,or Ketones having an oleftnlc or cyclo-oleflnlc type
of unsaturation: 5 percent;
2. A combination of aromatic compounds with eight or more carbon
atoms to the molecule except ethylbenzene: 8 percent;
3. A combination of ethyl benzene, Ketones having branched hydro-
carbon structures, trichloroethylene or toluene: 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 purposes 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.
(51.16) RULE 418 - Storage of Petroleum Products.
A person shall not place, store or hold 1n any stationary tank, reser-
voir or other container of more than 40,000 gallons capacity any gas-
oline or any petroleum distillate having a vapor pressure of 1.5
pounds per square inch absolute or greater under actual storage con-
ditions, unless such tank, reservoir or other container 1s a pressure
tank maintaining working pressures sufficent 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:
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1. A floating roof, consisting of pontoon-type or double-deck
type roof, resting on the surface of the liquid contents and
equipped with a closure seal, or seals, to close the space
between the roof edge and tank wall. The control equipment
provided for in this paragraph shall not be used if the gas-
oline or petroleum distillate has a vapor pressure of 11.0
pounds per square inch absolute or greater under actual
storage conditions. All tank gauging and sampling devices
shall be gas-tight except when gauging or sampling is taking
place.
2. A vapor recovery system, consisting of a vapor gathering sys-
tem capable of collecting the hydrocarbon vapors and gases
discharged and a vapor disposal system capable of processing
such hydrocarbon vapors and gases so as to prevent their
emission to the atmosphere and with all tank gauging and
sampling devices gas-tight except when gauging or sampling
is taking place.
3. Other equipment of equal efficiency, provided such equipment
is submitted to and approved by the Air Pollution Control
Officer.
(51.16) RULE 419 - Gasoline Loading Into Stationary Tanks.
a. A person- shall not load or permit the loading of gasoline Into
any stationary tank installed after December 31, 1970, with a
capacity of 250 gallons or more from any tank,truck, or trailer,
except through a submerged fill pipe, unless such tank 1s equipped
with a vapor loss control device as described In Rule 418.
1. The term "gasoline" 1s defined as any petroleum distillate
having a Reid vapor pressure of four pounds or greater.
2. For the purpose 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 six inches
above the bottom of the tank. "Submerged fill pipe" when
applied to a tank which Is loaded from the side is defined
as any fill pipe the discharge opening of which is entirely
submerged when the liquid is 18 inches above the bottom of
the tank.
(51.16) RULE 420 - Organic Liquid Loading.
a. 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.
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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 load-
ing device when it is not in use or to accomplish complete drain-
age before the loading device is disconnected.
The vapor disposal portion of the vapor collection and disposal
system shall consist of one of the following:
1. An absorber system or condensation system which processes all
vapor and recovers at least 90 percent by weight of the organic
vapors and gases from the equipment being controlled.
2. A vapor handling system which directs all vapors to a fuel gas
system.
3. Other equipment of an efficiency equal to or greater than (1)
or (2) if approved by the Air Pollution Control Officer.
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 than actual loading conditions at a facility from which
greater than 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 loading equipment which is
both (a) possessed by one person, and (b) so located so that all
organic liquid loading outlets for such aggregation or combination
of loading equipment can be encompassed within any circle of 300
feet in diameter.
(2.0) RULE 421 - Intended Application of Rules and Regulations.
Nothing in these Regulations is intended to permit any practice which
is a violation of any Federal, State or local statute, ordinance, law,
rule or regulation.
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REGULATION V
ORCHARD, FIELD CROP. OR CITRUS GROVE HEATERS
(1.0) RULE 500 - Definition.
"Orchard Heater" means any article* machine» equipment or other con-
trivance burning any type of fuel, or a solid fuel block composed of
petroleum coke burned by an open flame, used or capable of being used
for the purpose of giving protection from frost damage. For the
purpose of this Regulation, "Orchard Heater" shall include heaters
used for frost protection for orchards, vineyards, truck crops and
field crops. The contrivance commonly known as a wind machine is
not included.
(51.1) RULE 501 - Orchard and Citrus Heaters.
No person shall use any orchard or citrus grove heater unless 1t has
been approved by the State Air Resources Board and the Air Pollution
Control Officer and unless it produces less than one gram per minute
of unconsumed solid carbonaceous material.
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REGULATION VI - PROCEDURE BEFORE THE HEARING BOARD
(2.0) RULE 600 - General.
This regulation shall apply to all hearings before the Hearing Board
of the Great Basin Unified A1r Pollution Control District.
(2.0) RULE 601 - Filing Petitions.
Request for hearing shall be Initiated by the filing of a petition In
triplicate with the Clerk of the Hearing Board and the payment to said
Clerk of a fee of $25.00, after service of a copy of the petition has
been made on the A1r Pollution Control Officer and one (1) copy on
the holder of the permit or variance, 1f any involved. Service may
be made in person or by mail, and service may be approved by written
acknowledgement of the person served or by the affidavit of the person
making the service.
No fee shall be required for the filing of a petition by a public
agency or a public officer acting in the scope of his official capacity.
(2.0) RULE 602 - 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-partnership, corpora-
tion or other entity, and names and addresses of partners, if a
co-partnership, names and addresses of the managing officers, if
a corporation, and the names and addresses of the persons in con-
trol, if other entity.
c. The type of business or activity Involved in the application and
the street address at which It is conducted.
d. A brief description of the article, machine, equipment or other
contrivance, if any, involved in the application.
e. The section or rule under which the petition is filed, that is,
whether petitioner desires a hearing:
1. To determine whether a permit shall be revoked or suspended
or reinstated.
2. For an emergency variance.
3. For a short-term variance.
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4. For a regular variance and approval of a compliance schedule.
5. For an Interim variance In conjunction with a petition for a
short or regular term variance.
6. For a variance and/or approval of a compliance schedule for
a rule not yet effective.
7. To revoke or modify a variance.
8. To review the denial or conditional granting of an authority
to construct or permit to operate under Rule 214 of these
Rules and Regulations.
f. Each petition shall be signed by the petitioner, or by some per-
son on his behalf, and where the person signing 1s not the peti-
tioner 1t shall set forth this authority to sign.
g. Petitions for revocation of permits shall allege 1n addition the
rule under which permit was granted, the rule or section which Is
alleged to have been violated together with a brief statement of
the facts constituting such alleged violation.
h. Petitions for reinstatement of suspended permits shall allege In
addition the 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 1s believed
by petitioner to be pertinent, and, If so, when 1t will be fur-
nished.
1. 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 603 - Petitions for Variances.
In addition to the matters required by Rule 602, petitions for vari-
ance shall state briefly:
1. The section, rule or order complained of.
2. The facts showing why compliance with the section, rule or
order is unreasonable.
3. For what period of time the variance 1s sought and why.
4. The damage or harm resulting or which would result to petition-
er from compliance with such section, rule or order.
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5. Except 1n a petition for an interim or emergency variance, a
final compliance date specifying when petitioner will be in
compliance with the section or rule from which a variance is
sought.
6. If the final compliance date required in subsection (e) is one
year or more after the date set for hearing (other than the
hearing for an emergency or interim variance) then petitioner
shall attach to his petition a proposed schedule of increments
of progress as defined by Rule 106.
7. Both the advantages and disadvantages to the residents of the
district resulting from requiring compliance or resulting from
granting a variance.
8. Whether or not operations under such variance, if granted,
would constitute a nuisance.
(2.0) RULE 604 - Appeal from Denial
A petition to review a denial or conditional approval of an authority
to construct or permit to operate shall, in addition to the matters
required by Rule 602, set forth a summary of the application or a
copy thereof and the alleged reasons for the denial or conditional
approval and the reasons for appeal.
(2.0) RULE 605 - 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 members of
the Hearing Board direct otherwise and confirm such direction in writ-
Ing. Such direction need not be made at a meeting of the Hearing Board.
The Chairman or any three members, without a meeting, may require the
petitioner to state further facts or reframe a petition so as to dis-
close clearly the issues involved.
(2.0) RULE 606 - Answers.
Any person may file an answer within ten days after service. All
answers shall be served the same as petitions under Rule 601.
(2.0) RULE 607 - Withdrawal of Petition.
The petitioner may withdraw 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 inter-
ested persons of such withdrawal.
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(16.0) RULE 608 - Place of Hearing.
All hearings shall be held at the place designated by the Hearing
Board.
(16.0) RULE 609 - Notice of Hearing.
The Clerk of the Hearing Board shall mall 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 in the Health and Safety Code under Sections 40823
through 40827 inclusive.
(2.0) RULE 610 - Evidence.
a. Oral evidence shall be taken only on oath or affirmation.
b. Each party shall have these rights: to call and examine witnesses;
to introduce exhibits; to cross-examine opposing witnesses on any
matter relevant to the issues even though that matter was not
covered In the direct examination; to impeach any witness regard-
less of which party first called him to testify; and to rebut
the evidence against him. If respondent does not testify in his
own behalf, he may be called and examined as if under cross-
examination.
c. The hearing need not be conducted according to technical rules
relating to evidence and witnesses. Any relevant evidence shall
be admitted if it is the sort of evidence on which responsible
persons are accustomed to rely in the conduct of serious affairs
regardless of the existence of any common law or statutory rule
which might make improper the admission of such evidence over
objection in civil actions. Hearsay evidence may be used for the
purpose of supplementing or explaining any direct evidence but
shall not be sufficent 1n Itself to support a finding unless it
would be admissable over objection in civil actions. The rules
or privilege shall be effective to the same extent that they are
now or hereafter may be recognized in civil actions, and irrele-
vant and unduly repetitious evidence shall be excluded.
(13.0) RULE 611 - Record of Proceedings.
A record of all proceedings had before the Hearing Board shall be
made. The record shall be prepared 1n accordance with one of the
following methods:
1. A written summary of all the evidence, testimony and pro-
ceedings had and presented at the hearing shall be made by
a person designated by the Hearing Board for that purpose; or
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2. A tape recording may be made of the proceedings; or
3. Any Interested person, Including the District, may at his own
cost provide a certified shorthand reporter satisfactory to
the Hearing Board who shall prepare a verbatim transcript of
all the evidence, testimony and proceedings had and presented
at the hearing.
The Hearing Board may require that the original and one copy of such
transcript, each certified to by the reporter as to its accuracy, be
filed with the Hearing Board within 30 days from the closing date of
the hearing unless required by the Board prior to that time.
(2.0) RULE 612 - Preliminary Hatters.
Preliminary matters such as setting a date for hearings, granting con-
tinuances, approving petitions for filing, allowing amendments, issu-
ing subpoenas, and other preliminary rulings not determinative of the
merits of the case may be made fay the Chairman or any three members
of the Hearing Board prior to that time.
(2.0) RULE 613 - Official Notices.
The Hearing Board may take official notice of any matter which may be
judicially noticed by the courts of this state.
(2.0) RULE 614 - Continuances.
The Chairman or any three members of the Hearing Board shall grant any
continuance of 15 days or less, concurred in by petitioner, the Air
Pollution Control Officer and by every person who has filed an answer
in the action and may grant any reasonable continuance; in either case
such action may be ex parte, without a meeting of the Hearing Board
and without prior notice.
(2.0) RULE 615 - Decision.
The decision shall be in writing, served and filed within 30 days
after submission of the cause by the parties thereto and shall contain
the determination of the issues presented and the order of the Hearing
Board. A copy shall be mailed or delivered to the Air Pollution
Control Officer, the petitioner and to every person who has filed an
answer or who has appeared as a party in person or by counsel at the
hearing. A copy shall also be mailed to the Air Resources Board and
Interested parties within 30 days.
(2.0) RULE 616 - Effective Date of Decision.
The decision shall become effective 15 days after delivery or mailing
a copy of the decision, as provided in Rule 615, or the Hearing Board
may order that the decision shall become effective sooner.
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REGULATION VI11 -ORDERS FOR ABATEMENT
(2.0) RULE 800 - General.
Nothwithstanding Rule 600, this regulation shall apply to all hearings
on orders for abatement before the A1r Pollution Control Board of
the Great Basin Unified Air Pollution Control District.
(2.0) RULE 801 - Order of Abatement.
In accordance with Health and Safety Code Section 42450, the Air
Pollution Control Board, when petitioned as provided herein, is auth-
orized and directed to notice and hold hearings for the purpose of
issuing orders for abatement. The Air Pollution Control Board, in
holding hearings on the issuance of orders for abatement shall have
all powers and duties conferred upon 1t by Part 1 of Division 26, in
the California Health and Safety Code.
(2.0) RULE 802 - Filing Petitions.
Requests by the Air Pollution Control Officer for a hearing on an
order for abatement shall be Initiated by the filing of the original
and two copies of the petition with the Clerk of the Air Pollution
Control Board. One copy of the petition will then be served upon the
person against whom the order for abatement 1s sought (the respon-
dent). Service may be made in person or by mall, 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 803 - Contents of Petition.
The petition for order for abatement shall contain the following infor-
mation:
a. The name, address and telephone number of the respondent.
b. The type of business or activity involved and the street address
at which it 1s conducted.
c. A brief description of the article, machine, equipment or other
contrivance, if any, involved in the violation emission.
d. The section or rule which 1s alleged to have been violated,
together with a brief statement of the facts constituting such
alleged violation.
The permit status and history of the source sought to be abated may
be included 1n the petition. A proposed order for abatement may also
be included.
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All petitions shall be typewritten, double-spaced, on letter-size
paper (8 1/2 Inches by 11 Inches) on one side of the paper only,
leaving a margin of at least one inch at the top and each side of
the paper.
(2.0) RULE 804 - Scope of Order.
An order for abatement issued by the Air Pollution Control Board
shall include an order to comply with the statute or rule being
violated. Such order may provide for installation of control equip-
ment and for a schedule of completion and compliance. As an alter-
native to an order to comply, the Air Pollution Control Board may
order the shutdown of any source of emissions which violates any
statute or rule. An order for abatement may also include a directive
to take other action determined appropriate to accomplish the neces-
sary abatement.
(2.0) RULE 805 - Findings.
No order for abatement shall be granted unless the Air Pollution
Control Board makes all of the following findings:
a. That the respondent is in violation of the California Health
and Safety Code, or of any rule or regulation of the Air Pollution
Control District.
b. That the order of abatement will not constitute the taking of
property without due process of law.
c. That if the order for abatement results in the closing or elimi-
nation of an otherwise lawful business, such closing would not
be without a corresponding benefit in reducing air contaminants.
(2.0) RULE 806 - Pleadings.
Any person may file a written answer other responsive pleading, memor-
andum, or brief not less than five days before the hearing. Said
documents shall be served the same as petitions under Rule 802.
(2.0) RULE 807 - Evidence.
a. Oral evidence shall be taken only on oath or affirmation.
b. Each party shall have these rights: to call and examine witnesses;
to introduce exhibits; to cross-examine opposing witnesses on any
matter relevant to the issues even though that matter was not
covered 1n the direct examination; to impeach any witness regard-
less of which party first called him to testify; and to rebut the
evidence against him. If respondent does not testify in his own
behalf he may be called and examined as If under cross-examination.
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c. The hearing need not be conducted according to technical rules
and relating to evidence and witnesses. Any relevant evidence
shall be admitted 1f It 1s the sort of evidence on which respon-
sible persons are accustomed to rely 1n the conduct of serious
affairs, regardless of the existence of any common law or statu-
tory rule which might make Improper the admission of such evidence
over objection in civil actions. Hearsay evidence may be used
for the purpose of supplementing or explaining any direct evidence
but shall not be sufficient 1n Itself to support a finding
unless 1t would be admissible over objection 1n civil actions.
The rules or privilege shall be effective to the same extent
that they are now or hereafter may be recognized in civil actions,
and irrelevant and unduly repetitious evidence shall be excluded.
(2.0) RULE 808 - Failure to Comply with Rules.
The Clerk of the Air Pollution Control Board shall not accept for
filing any petition which does not comply with these rules relating
to the form, filing and service of petitions unless the Chairman or
any two members of the Hearing Board direct otherwise and confirm such
direction in writing. Such direction need not be made at a meeting
of the Hearing Board. The Chairman or any two members, without a
meeting, may require the petitioner to state further facts or reframe
a petition so as to disclose clearly the Issues Involved.
(2:d) RULE 809 - Withdrawal of Petition.
The Air Pollution Control Officer may withdraw his petition at any
time before submission of the case to the Board without a hearing or
meeting of the Air Pollution Control Board. The Clerk of the Air
Pollution Control Board shall notify all interested persons of such
withdrawal.
'(T6.0) RULE 810 - Place of Hearing.
All hearings shall be held at the time and place designated by the
Air Pollution Control Board.
(16.0) RULE 811 - Notice of Hearing.
The Clerk of the Air Pollution Control Board shall mall or deliver a
notice of Hearing to the respondent and to any person entitled to
notice under applicable provisions of Division 26 of the Health and
Safety Code, not less than ten days before the date of hearing.
(2.0) RULE 812 - Preliminary Matters.
Preliminary matters such as setting a date for hearing, granting
continuances, approving petitions for filing, allowing amendments
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(2.0) RULE 813 - Official Notice.
The Air Pollution Control Board may take official notice of any natter
which may be judicially noticed by the courts of this state.
(2.0) RULE 814 - Continuance.
The Chairman or any two members of the Air Pollution Control Board
shall grant any continuance of 15 days or less, concurred in by the
respondent, the Air Pollution Control Officer, and by every person
who has filed an answer or other pleading in the action and may grant
any reasonable continuance; in either case such action may be ex parte,
without a meeting of the Air Pollution Control Board and without such
notice.
(2.0) RULE 815 - Order and Decision.
The decision shall be in writing, served and filed within 15 days
after submission of the cause by the parties thereto and shall con-
tain a brief statement of facts found to be true, the determination
of the issues presented and the order of the A1r Pollution Control
Board. A copy shall be mailed or delivered to the Air Pollution
Control Officer; the respondent, and to every person who has filed an
answer or other pleading or who has applied as a party in person or
by counsel at the hearing.
(2.0) RULE 816 - Effective Date of Decision.
The decision shall become effective 15 days after delivering or
mailing a copy of the decision, as provided in Rule 814, or the Air
Pollution Control Board may order that the decision shall become
effective sooner.
(13.0) RULE 817 - Record of Proceedings.
A record of all proceedings had before the Hearing Board shall be
made. The record shall be prepared 1n accordance with one of the
following methods:
1. A written summary of all the evidence, testimony and
proceedings had and presented at the hearing shall be made
by a person designated by the Hearing Board for that purpose;
or
2. A tape recording may be made of the proceedings; or
3. Any interested person, Including the District, may at his
own cost provide a certified shorthand reporter satisfactory
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i to the Hearing Board who shall prepare a verbatim transcript
of all the evidence, testimony and proceedings had and pre-
sented at the hearing.
The Hearing Board may require that the original and one copy of such
transcript, each certified to by the reporter as to its accuracy, be
filed with the Hearing Board within 30 days from the closing date of
the hearing unless required by the Board prior to that time.
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