GLEAPCD RULE 98 ATCM: RETAIL SERVICE STATIONS          
LAST REVISED 11/11/11
          
          
          Sec 98.  AIRBORNE TOXIC CONTROL MEASURE: RETAIL SERVICE STATIONS.

                   A.  Purpose.  To comply with the California Code of
                       Regulations, Section 93101 of Title 17 by reducing 
                       benzene emissions from retail service stations.

                   B.  Applicability.  This rule shall apply to any new or
                       modified retail service station, or to any existing 
                       retail service station with an annual gasoline 
                       throughput of 480,000 gallons or greater.

                   C.  Throughput Determination.  The annual throughput at
                       an existing retail service station shall be 
                       determined from actual operations during the calendar 
                       year immediately preceding the date of district 
                       adoption.  Subsequently thereafter, each retail 
                       service station shall submit to the district 
                       documentation verifying annual throughput.

                   D.  Phase I Vapor Recovery Requirements.  No owner or
                       operator shall transfer, permit the transfer, or 
                       provide equipment for the transfer of gasoline, and 
                       no other person shall transfer gasoline from a 
                       gasoline delivery vessel equipped with a vapor 
                       recovery system into a stationary storage tank unless 
                       an ARB-certified Phase I vapor recovery system is 
                       installed on the stationary storage tank and used 
                       during the transfer.

                       1.  Exemptions

                           a.  Small tanks.  A transfer to a stationary
                               storage tank with a capacity of less than 
                               250 gallons.

                           b.  Agricultural tanks.  A transfer to a
                               stationary storage tank used the majority of 
                               the time for the fueling of implements of 
                               husbandry as defined in Division 16, 
                               Chapter 1, of the Vehicle Code.

                           c.  Deliveries from local distributors not
                               equipped with vapor recovery.  A transfer of 
                               gasoline to a stationary storage tank exempt 
                               vapor recovery requirements pursuant to 
                               Section 83.1.
                        
                       2.  Tank replacement/underground piping repair--
                           Phase I requirement.  Upon replacement of a 
                           stationary storage tank or repair of underground 
                           piping at an existing retail service station, an 
                           ARB-certified Phase I vapor recovery system shall 
                           be installed and used thereafter on all tanks at 
                           the facility unless exempted from the Phase I 
                           requirement pursuant to Section 98, 
                           Subsections D.1.a. and D.1.b.

                   E.  Phase II Vapor Recovery System Requirements.  No
                       owner or operator of a retail service station shall 
                       transfer, permit the transfer or provide equipment 
                       for the transfer of gasoline from a stationary 
                       storage tank at a retail service station into a motor 
                       vehicle fuel tank unless an ARB-certified Phase II 
                       vapor recovery system: 
                       
                       1.  Exemptions

                           a.  Phase I exempt tanks.  A transfer of gasoline
                               from a stationary storage tank which is 
                               exempt from Phase I requirements pursuant to 
                               Section 98, Subsections D.1.a. and D.1.b.

                   F.  Tank replacement/underground piping repair--Phase II 
                       requirement.  Upon replacement of a stationary 
                       storage tank or repair of underground piping at an 
                       existing retail service station, an ARB-certified 
                       Phase II vapor recovery system shall be installed and 
                       used thereafter on all tanks at the facility unless 
                       exempted by Section 98, Subsection E.1.a.

                   G.  Hold-open latch requirement.  All new or existing
                       retail service stations, regardless of annual 
                       gasoline throughput, shall install hold-open latches 
                       on all gasoline dispensing nozzles.

                   H.  Posting of operating instructions.  The owner or
                       operator of a retail service station requiring either 
                       Phase II vapor recovery or hold-open latches shall 
                       conspicuously post in the gasoline dispensing area 
                       operating instructions for the system as well as both 
                       the district and the Air Resources Board telephone 
                       numbers for complaints.  The instructions shall 
                       clearly describe how to fuel vehicles correctly using 
                       vapor recovery nozzles and hold-open latches and 
                       shall include a statement addressing the health 
                       benefits associated with the system in use as well as 
                       a warning that topping off may result in spillage or
                       recirculation of gasoline.

                   I.  Compliance schedule.

                       1.  New facility.  The owner/operator of a new retail
                           service station shall comply with the provisions 
                           of this rule at the time gasoline is first 
                           received and/or dispensed.

                       2.  Tank replacement.  Upon replacement of a
                           stationary storage tank or repair of underground 
                           piping, the owner/operator of an existing retail 
                           service station shall, regardless of annual 
                           throughput, comply with the provisions of this 
                           rule at the time gasoline is first received 
                           and/or dispensed following completion of the tank 
                           replacement or piping repair.

                       3.  Throughput in excess of 480,000 gallons after
                           district rule adoption.  If during either 1) the 
                           calendar year immediately preceding or 2) any 
                           calendar year after the date of district adoption 
                           of this rule, the gasoline throughput from an
                           existing retail service station meets or exceeds 
                           480,000 gallons, the owner/operator of that 
                           facility shall comply with the provisions of this 
                           rule in accordance with the following schedule:

                           a.  Secure all necessary permits and other
                               approvals for the installation of Phase I 
                               and Phase II vapor recovery systems within 
                               fifteen (15) months from the date the
                               facility becomes subject to this rule.

                           b.  Install the Phase I and Phase II vapor
                               recovery systems within two (2) years from 
                               the date the facility becomes subject to 
                               this rule.

                   J.  Equipment maintenance.  A person shall not transfer,
                       permit the transfer or provide equipment for the 
                       transfer of gasoline from a stationary storage tank 
                       subject to Phase II requirements into any motor 
                       vehicle fuel tank unless:

                       1.  The vapor recovery system is operating in
                           accordance with the manufacturer's specifications 
                           and is maintained to be leak free, vapor tight, 
                           and in good working order; and

                       2.  The equipment subject to this rule is operated
                           and maintained with none of the defects 
                           identified in the California Code of Regulations, 
                           Section 94006, Subchapter 8, Chapter 1, Part III, 
                           of Title 17.

                   K.  Defective Phase II equipment--prohibition of use.
                       Whenever the Air Pollution Control Officer or Air 
                       Pollution Control District designee determines that 
                       a Phase II vapor recovery system, or any component 
                       thereof, contains a defect specified by the Air 
                       Resources Board pursuant to Section 41960.2 (c) of 
                       the Health and Safety Code, the APCO or designee 
                       shall mark such system or component "out of order".  
                       No person shall use or permit the use of such marked 
                       component or system until it has been repaired, 
                       replaced or adjusted, as required to permit proper 
                       operation, and the APCO or designee has reinspected 
                       it or has authorized its use pending reinspection.

                   L.  The following definitions shall apply to this
                       section:

                        1.  ARB-Certified Vapor Recovery System means a
                            vapor recovery system which has been certified 
                            by the state board pursuant to Section 41954 of 
                            the Health and Safety Code.
                         
                        2.  Excavation means exposure to view by digging.

                        3.  Existing Retail Service Station means any retail
                            service station operating, constructed, or under 
                            construction as of the date this regulation is 
                            adopted.

                        4.  Stationary Storage Tank means any stationary
                            storage container, reservoir, or tank used for 
                            the storage of gasoline that is equipped with no 
                            vapor control, or is equipped with splash 
                            loading, submerged fill pipe loading, or Phase I 
                            or II vapor recovery loading systems.

                        5.  Leak Free means a liquid leak of less than
                            four (4) drops per minute.

                        6.  New Retail Service Station means any retail
                            service station which is not operating, 
                            constructed or under construction as of the 
                            date this regulation is adopted.

                        7.  Owner or Operator means any person who owns,
                            operates, controls or supervises an affected 
                            facility, or a stationary source of which an 
                            affected facility is a part.

                        8.  Phase I Vapor Recovery System means an
                            ARB-certified gasoline vapor recovery system 
                            which recovers vapors during the transfer of 
                            gasoline from delivery vessels into stationary 
                            storage tanks.

                        9.  Phase II Vapor Recovery System means an
                            ARB-certified gasoline vapor recovery system 
                            which recovers vapor during the fueling of motor 
                            vehicles from stationary storage tanks.

                       10.  Retail Service Station means any new or existing
                            motor vehicle fueling service station subject to 
                            payment of California sales tax on gasoline 
                            sales.

                       11.  Tank Replacement/Underground Piping Repair means
                            replacement of one or more stationary storage 
                            tanks at any facility or excavation of 
                            50 percent or more of an existing facility's 
                            total underground liquid piping from the 
                            stationary storage tank to the gasoline 
                            dispensers.

                       12.  Vapor Recovery System means a vapor gathering
                            system capable of collecting the hydrocarbon 
                            vapors and gases discharged and a vapor disposal 
                            system capable of processing such hydrocarbon 
                            vapors and gases so as to prevent their emission 
                            to the atmosphere, with all tank gauging and 
                            sampling devices vapor-tight except when gauging 
                            or sampling is taking place.

                       13.  Vapor Tight means a leak of less than 
                            100 percent of the lower explosive limit on a 
                            combustible gas detector measured at a distance 
                            of 2.5 cm (one inch) from the source or no 
                            visible evidence of air entrainment in the sight
                            glass of a liquid delivery hose.

          Sec 98.1  HEXAVALENT CHROMIUM EMISSIONS FROM CHROME PLATING AND
                    CHROMIC ACID ANODIZING OPERATIONS.

                    A.  Purpose.  To comply with the California Code of
                        Regulations, Section 93101, by controlling airborne 
                        emissions of hexavalent chromium.

                    B.  Definitions:

                        Ampere-hours.  The integral of electrical current
                        applied to a plating tank (amperes) over a period of 
                        time (hours).

                        Anti-mist Additive.  A chemical which reduces the
                        emission rate from the tank when added to and 
                        maintained in the plating tank.

                        Chrome.  Metallic chrome.

                        Chrome Plating.  Either hard or decorative chrome
                        plating.
                    
                        Chromic Acid.  An aqueous solution of chromium 
                        trioxide (CrO3), or commercial solution containing 
                        chromic acid, dichromic acid (H2CrO7), or trichromic 
                        acid (H2Cr3O10).

                        Chromic Acid Anodizing.  The electrolytic process 
                        by which a metal surface is converted to an oxide 
                        surface coating in a solution containing chromic 
                        acid.

                        Chromium.  Hexavalent chromium.

                        Control Equipment.  Any device which reduces 
                        emissions from the emissions collection system.

                        Decorative Chrome Plating.  The process by which
                        chromium is electrodeposited from a solution 
                        containing compounds of chromium onto an object 
                        resulting in a chrome layer 1 micron (0.04 mil) 
                        thick or less.

                        Emission Factor.  The mass of chromium emitted 
                        during a test conducted in the emissions collection 
                        system in accordance with ARB Test Method 425, 
                        divided by the ampere-hours consumed by the tanks 
                        in the tested emissions collection system, expressed 
                        as the mass of chromium emitted per ampere-hour of 
                        electrical current consumed.

                        Emissions Collection System.  A device or apparatus
                        used to gather chromium emissions from the surface 
                        of a chrome plating or chromic acid anodizing tank 
                        or tanks.

                        Facility.  A business or businesses engaged in 
                        chrome plating or chromic acid anodizing which are 
                        owned or operated by the same person or persons and 
                        are located on the same parcel or on contiguous 
                        parcels.

                        Facilitywide Emissions from Hard Chrome Plating or
                        Chromic Acid Anodizing.  The total emissions from 
                        all hard chrome plating or chromic acid anodizing at 
                        the facility over a calendar year.  Emissions shall 
                        be calculated as the sum of emissions from the 
                        emissions collection system at the facility.  The 
                        emissions from an emissions collection system shall 
                        be calculated by multiplying the emission factor for 
                        that emissions collection system by the sum of 
                        ampere-hours consumed during that year for all of 
                        the tanks served by the emissions collection system.

                        Hard Chrome Plating.  The process by which chromium 
                        is electrodeposited from a solution containing 
                        compounds of chromium onto an object resulting in a 
                        chrome layer thicker than 1 micron (0.04 mil).

                        Plating Tanks.  Any container used to hold a 
                        chromium or chromic acid solution for the purposes 
                        of chrome plating or chromic acid anodizing.

                        Uncontrolled Chromium Emissions from the Hard Chrome
                        Plating or Chromic Acid Anodizing Facility.  The 
                        chromium emissions from the emissions collection 
                        systems at the facility calculated as if no control 
                        equipment is in use.  For the purpose of determining 
                        compliance with this rule, the uncontrolled chromium 
                        emissions shall be calculated using an emission 
                        factor based on tests conducted in accordance with 
                        ARB Test Method 425 or 14 mg/ampere-hour, whichever 
                        is less.

                    C.  Requirements for Decorative Chrome Plating
                        Facilities.

                        1.  No person shall operate a decorative chrome
                            plating tank unless an anti-mist additive is 
                            continuously maintained in the plating tank, or 
                            control equipment is installed and used, in a 
                            manner which has been demonstrated to and 
                            approved by the Control Officer as reducing 
                            chromium emissions by 95 percent or more 
                            relative to chromium emissions when an anti-mist
                            additive is not maintained, or control equipment 
                            is not installed and used.

                    D.  Requirements for Hard Chrome Plating and Chromic 
                        Acid Anodizing Facilities.

                        1.  The owners or operators of all hard chrome
                            plating and chromic acid anodizing facilities 
                            shall maintain a continuous record of current 
                            integrated over time (ampere-hours) for all 
                            plating tanks for each collection system used 
                            in the hard chrome plating or chromic acid 
                            anodizing operations and shall, within 
                            six months after adoption of Section 98.1 and 
                            upon request thereafter, submit the information 
                            to the Control Officer.

                        2.  No person shall operate a plating tank for hard
                            chrome plating or chromic acid anodizing unless 
                            the tank has an emissions collection system.

                        3.  No person shall operate a hard chrome plating or
                            chromic acid anodizing tank unless:

                            a.  the chromium emissions from the emissions
                                collection system serving the plating tank 
                                have been reduced by 95 percent or more of 
                                the uncontrolled chromium emissions or

                            b.  the chromium emissions from the emissions
                                collection system serving the plating tank 
                                have been reduced to less than 
                                0.15 milligrams (mg) of chromium per 
                                ampere-hour of electrical charge applied to 
                                the plating tank.

                        4.  No person shall operate a hard chrome plating
                            tank or chromic acid anodizing tank at a 
                            facility if facilitywide chromium emissions from 
                            hard chrome plating or chromic acid anodizing 
                            are greater than 2 pounds per year, but less 
                            than 10 pounds per year, unless:

                            a.  the chromium emissions from the emissions
                                collection systems serving the plating tanks 
                                have been reduced by at least 99 percent of 
                                the uncontrolled chromium emissions from
                                the hard chrome plating or chromic acid 
                                anodizing facility or

                            b.  the chromium emissions from the emissions
                                collection systems are reduced to less than 
                                0.03 mg of chromium per ampere-hour of 
                                electrical charge applied to the tanks.

                        5.  No person shall operate a hard chrome plating or
                            chromic acid anodizing tank at a facility if 
                            facilitywide chromium emissions from hard chrome 
                            plating or chromic acid anodizing are 10 pounds 
                            per year or greater unless:

                            a.  the chromium emissions from the emissions
                                collection systems serving the plating tanks 
                                have been reduced by at least 99.8 percent 
                                of the uncontrolled chromium emissions from
                                the hard chrome plating or chromic acid 
                                anodizing facility or

                            b.  the chromium emissions from the emissions
                                collection systems are reduced to less than 
                                0.006 mg of chromium per ampere-hour 
                                electrical charge applied to the tanks.

                    E.  Compliance Schedule.  The owner or operator of any
                        facility subject to this rule shall comply with its 
                        provisions at the time the facility begins 
                        operation.

          Sec 98.2  HEXAVALENT CHROMIUM AIRBORNE TOXIC CONTROL MEASURE FOR
                    COOLING TOWERS.

                    A.  Definitions:

                    Cooling Tower.  any open water recirculation device
                    which evaporates circulating water to remove heat from 
                    a process, building, or refrigeration device, and puts 
                    the heat into the ambient air.

                    Hexavalent Chromium.  a cancer-causing substance
                    existing as part of various inorganic chromate 
                    compounds, for example, sodium dichromate or lead 
                    chromate.

                    Water Treatment Chemicals.  any combination of
                    chemicals added to cooling tower water including 
                    tracers, corrosion inhibitors, antiscalants, 
                    dispersants, biocides.

                    B.  Requirements.

                        1.  Hexavalent Chromium Removal.  Effective April 16,
                            1992, no person shall add any hexavalent 
                            chromium containing chemicals or any compound 
                            that may produce hexavalent chromium to a 
                            cooling tower operating in the District.

                        2.  Circulating Water Concentration - Wooden Cooling
                            Towers.  Effective April 16, 1992, no person 
                            shall operate a wooden cooling tower in the 
                            District unless the following requirements are 
                            met:

                            a.  After April 16, 1992, hexavalent chromium
                                levels in the circulating water are not to 
                                exceed 0.15 milligrams/liter of circulating 
                                water.

                            b.  A decrease in hexavalent concentrate in the
                                circulating water must be demonstrated each 
                                month during a period of up to six months 
                                following the compliance date in order to
                                avoid being cited for a violation of the 
                                0.15 milligrams/liter limit.

                        3.  Circulating Water Concentration - Non-wooden
                            Cooling Towers.

                            a.  Effective April 16, 1992, no person shall
                                operate non-wooden cooling towers unless the 
                                hexavalent chromium levels do not exceed 
                                0.15 milligrams/liter of circulating water.

                    C.  Reporting.

                        1.  Effective April 16, 1992, any owner/operator of 
                            a cooling tower shall notify the District in 
                            writing regarding the following information 
                            about the cooling tower.  Any owner/operator of 
                            a newly constructed cooling tower shall provide
                            the District with the following information at 
                            least 90 days before the tower is operated:

                            a.  Owner/operator of the tower;

                            b.  Location of the tower;

                            c.  Cooling tower type and material of
                                construction;

                            d.  Whether hexavalent chromium based treatment
                                chemicals were previously used in the 
                                cooling tower;

                            e.  If hexavalent chromium based chemicals 
                                were previously used, when they were 
                                discontinued;

                            f.  A description of the alternate treatment
                                program chosen, as well as the circulating 
                                water monitoring plan.

                    D.  Monitoring - General.

                        1.  Effective April 16, 1992, any person subject to
                            the requirements of (B)(2) or (B)(3) shall test 
                            the circulating water in the cooling tower at 
                            least once every six calendar months to 
                            determine the concentration of hexavalent 
                            chromium.  Testing may be discontinued when 
                            two consecutive required tests show hexavalent 
                            chromium concentrations less than 
                            0.15 milligrams/liter of circulating water.  The 
                            District may require testing of the circulating 
                            water at any time if the District has reason to 
                            believe the water may contain hexavalent 
                            chromium.

                        2.  Any person subject to the monitoring 
                            requirements in (D)(1) above or (E)(1) below 
                            shall maintain records of the results of all 
                            required tests of circulating water for 
                            two years and provide them to the District upon 
                            request.

                        3.  Monitoring requirements may be waived by the
                            District for any owner/operator of a cooling 
                            tower who demonstrates to the District that the 
                            hexavalent chromium based treatment chemical has 
                            never been used in the cooling tower or has not 
                            been utilized for a period of at least one year 
                            prior to the appropriate compliance date.

                    E.  Monitoring - Wooden Cooling Towers.

                        1.  Any person subject to the requirements of
                            (B)(2)(b) shall test the circulating water at 
                            least once every calendar month to determine the 
                            concentration of hexavalent chromium.

                    F.  Determination of Hexavalent Chromium Content.

                        1.  Samples of circulating water shall be analyzed
                            for hexavalent chromium using American Public 
                            Health Association Method 312B or an equivalent 
                            method approved by the District.

          Sec 98.3  ETHYLENE OXIDE AIRBORNE TOXIC CONTROL MEASURE -
                    STERILIZERS AND AERATORS.

                    A.  Definitions:  For the purposes of this section, the
                        following definitions shall apply:

                        Acute Care Facility.  Means any facility currently
                        licensed by the California Department of Health 
                        Services as a general acute care hospital (as 
                        defined in Title 22, CCR, Section 70005), or any 
                        military hospital.

                        Aeration.  Is the process during which residual
                        ethylene oxide dissipates, whether under forced air 
                        flow, natural or mechanically assisted convection, 
                        or other means, from previously sterilized materials 
                        after the sterilizer cycle is complete.

                        Aeration-only Facility.  Means a facility which
                        performs aeration on materials which have been 
                        sterilized with ethylene oxide at another facility.

                        Aerator.  Means any equipment or space in which
                        materials previously sterilized with ethylene oxide 
                        are placed or remain for the purpose of aeration.  
                        An aerator is not any equipment or space in which 
                        materials that have previously undergone ethylene 
                        oxide sterilization and aeration can be handled, 
                        stored, and transported in the same manner as 
                        similar materials that have not been sterilized with 
                        ethylene oxide.

                        Back-draft Valve Exhaust Stream.  Is the air stream
                        which results from collection of ethylene 
                        oxide-contaminated air which may be removed from the 
                        sterilizer through a back-draft valve or rear 
                        chamber exhaust system during unloading of the
                        sterilized materials.

                        Control Device.  Means an article, machine, 
                        equipment, or contrivance which reduces the amount 
                        of ethylene oxide between its inlet and outlet and 
                        which is sized, installed, operated, and maintained 
                        according to good engineering practices, as 
                        determined by the District.

                        Control Efficiency.  Is the ethylene oxide (EtO) 
                        mass or concentration reduction efficiency of a 
                        control device, as measured with ARB Test Method 431 
                        (Title 17, CCR, Section 94143) according to the 
                        source testing requirements herein, and expressed as 
                        a percentage calculated across the control device as
                        follows:

                         EtO in  -   EtO out
                        ----------------------  x 100 = % Control Efficiency
                                 EtO in


                        Date of Compliance.  Means the time from District
                        adoption of regulations enacting this control 
                        measure until a facility must be in compliance with 
                        specific requirements of this rule.

                        District.  Means the local air pollution control 
                        district or air quality management district.

                        Ethylene Oxide (EtO).  Is the substance identified 
                        as a toxic air contaminant by the Air Resources 
                        Board in Title 17, CCR, Section 93000.

                        Facility.  Means any entity or entities which:  own 
                        or operate a sterilizer or aerator, are owned or 
                        operated by the same person or persons, and are 
                        located on the same parcel or contiguous parcels.

                        Facility-Wide Pounds of Ethylene Oxide Used Per 
                        Year.  Is the total pounds of ethylene oxide used in 
                        all of the sterilizers at the facility during a 
                        one-year period.

                        Leak-Free.  Refers to that state which exists when 
                        the concentration of sterilant gas measured 1 cm. 
                        away from any portion of the exhaust system of a 
                        sterilizer or aerator, during conditions of maximum 
                        sterilant gas mass flow, is less than:

                        1.  30 ppm for sterilant gas composed of 12% 
                            ethylene oxide/88% chlorofluorocarbon-12 by 
                            weight, and

                        2.  10 ppm for other compositions of sterilant gas, 
                            as determined by ARB Test Method 21 (Title 17, 
                            CCR, Section 94124) using a portable flame 
                            ionization detector, or a non-dispersive 
                            infrared analyzer, calibrated with methane, or 
                            an acceptable alternative method or analytical 
                            instrument approved by the District.  A 
                            chlorofluorocarbon-12 specific audible detector 
                            using a metal oxide semi-conductor sensor shall 
                            be considered an acceptable alternative for 
                            exhaust systems carrying a sterilant gas mixture 
                            of ethylene oxide and chlorofluorocarbon-12.
                    
                        Local Medical Emergency.  Means an unexpected
                        occurrence in the area served by the acute care 
                        facility resulting in a sudden increase in the 
                        amount of medical treatments which require a 
                        significant increase in the operation of a 
                        sterilizer or aerator.

                        Sterilant Gas.  Means ethylene oxide or any 
                        combination of ethylene oxide and (an) other gas(es) 
                        used in a sterilizer.

                        Sterilizer.  Means any equipment in which ethylene
                        oxide is used as a biocide to destroy  bacteria, 
                        viruses, fungi, and other unwanted organisms on 
                        materials.  Equipment in which ethylene oxide is 
                        used to fumigate foodstuffs is considered a 
                        sterilizer.

                        Sterilizer Cycle.  Means the process which begins 
                        when ethylene oxide is introduced into the 
                        sterilizer, includes the initial purge or evacuation 
                        after sterilization and subsequent air washes, and 
                        ends after evacuation of the final air wash.

                        Sterilizer Door Hood Exhaust Stream.  Is the air 
                        stream which results from collection of fugitive 
                        ethylene oxide emissions, by means of an existing 
                        hood over the sterilizer door, during the time that 
                        the sterilizer door is open after the sterilizer 
                        cycle has been completed.
                                            
                        Sterilizer Exhaust Stream.  Is all the ethylene
                        oxide-contaminated air which is intentionally 
                        removed from the sterilizer during the sterilizer 
                        cycle.

                        Sterilizer Exhaust Vacuum Pump.  Means a device used 
                        to evacuate the sterilant gas during the sterilizer 
                        cycle, including any associated heat exchanger.  A 
                        sterilizer exhaust vacuum pump is not a device used 
                        solely to evacuate a sterilizer prior to the 
                        introduction of ethylene oxide.

                    B.  Applicability.  Any person who owns or operates a
                        sterilizer or an aerator must comply with this 
                        regulation.

                    C.  Notification.  Any person subject to this regulation
                        must provide the District with the following 
                        information, in writing, within 30 days of the date 
                        of District adoption:

                        1.  the name(s) of the owner and operator of the
                            facility, and

                        2.  the location of the facility, and

                        3.  the number of sterilizers and aerators at the
                            facility, and

                        4.  an estimate of the total pounds of ethylene 
                            oxide and sterilant gas use by the facility, in 
                            all sterilizers, during the previous calendar 
                            year, as determined by a method approved by
                            the District.

                            The District may exempt a source from this
                            requirement if the District maintains current 
                            equivalent information on the source.

                    D.  Reporting.  Any person who owns or operates a
                        sterilizer shall furnish a written report to the 
                        District annually on the date specified by the 
                        District, or, at the District discretion, shall 
                        maintain such a report and make it available to the 
                        District upon request.  This report shall include 
                        one of the following, as determined by the District:

                        1.  the number of sterilizer cycles and the pounds 
                            of ethylene oxide used per cycle for each 
                            sterilizer during the reporting period, as 
                            determined by a method approved by the
                            District; or

                        2.  the total pounds of sterilant gas and the total
                            pounds of ethylene oxide purchased, used, and 
                            returned in the previous calendar year, as 
                            determined by a method approved by the
                            District.
                    
                    E.  Requirements.  No person shall operate a sterilizer
                        or aerator after the applicable date shown in column 
                        (d), Table I, unless all of the following 
                        requirements are satisfied:

                        1.  there is no discharge of sterilizer exhaust
                            vacuum pump working fluid to wastewater streams, 
                            and

                        2.  the exhaust systems including, but not limited
                            to, any piping, ducting, fittings, valves, or 
                            flanges, through which ethylene 
                            oxide-contaminated air is conveyed from the
                            sterilizer and aerator to the outlet of the 
                            control device are leak-free, and

                        3.  all of the control requirements shown in
                            Table I below for the applicable control 
                            category are met, and

                        4.  for facilities using more than 600 pounds of
                            ethylene oxide per year, the back-draft valve 
                            is ducted to the control device used to control 
                            the sterilizer exhaust stream or the aerator 
                            exhaust stream, and

                        5.  for facilities using more than 5,000 pounds of
                            ethylene oxide per year, the sterilizer door 
                            hood exhaust stream is ducted to the control 
                            device used to control the aerator exhaust 
                            stream.


                                     TABLE I

                      CONTROL AND COMPLIANCE REQUIREMENTS



          CONTROL              REQUIREMENTS
          CATEGORY



                        (a)            (b)         (c)           (d)

          Facility-     Exhaust        Exhaust     Control       Date of
          wide Pounds   Streams        Streams to  Efficiency    Compliance
          of Ethylene   to be          be Tested   (%)           (months)
          Oxide Used    Controlled
          per Year

          less than or  None           None        None          None
          equal to 25

          more than 25  Sterilizer     Steri-      99.0          24
          and less                     lizer
          than or
          equal to 600

          more than     Sterilizer     Steri-      99.9          18
          600 and less  Aerator        lizer       95.0
          than or       Back-draft     Aerator     N/A*
          equal to      Valve
          5,000

          more than     Sterilizer     Steri-      99.9          12
          5,000         Aerator        lizer       99.0
                        Sterilizer     Aerator     N/A*
                        Door Hood                  N/A*
                        Back-draft
                        Valve

          Aeration-Only Aerator        Aerator     95.0          18
          Facilities

          * Not Applicable

                    F.  Exemptions:

                        1.  The requirements set forth in subsection (E) 
                            above do not apply to any facility which treats 
                            materials in a sterilizer and which uses a total 
                            of 25 pounds or less of ethylene oxide per
                            calendar year.

                        2.  The District Hearing Board may grant an 
                            emergency variance from items (a) and (c) in 
                            Table I of subsection (E), Requirements, to a 
                            person who owns or operates an acute care
                            facility if response to a local medical 
                            emergency requires increased operation of a 
                            sterilizer or aerator such that the requirements
                            cannot be met.

                            The demonstrated need for such increased 
                            operation shall constitute "good cause" pursuant 
                            to Health and Safety Code Section 42359.5.  The 
                            emergency variance shall be granted in
                            accordance with this section and any applicable 
                            District rule regarding the issuance of 
                            emergency variances for such occurrences,
                            including the requirement that the emergency 
                            variance shall not remain in effect longer than 
                            30 days; however, the emergency variance shall 
                            be granted only for the period of time during 
                            which increased operation of a sterilizer or 
                            aerator is necessary to respond to the local 
                            medical emergency.

                    G.  Compliance.  The facility shall be in compliance 
                        with all provisions specified in subsection (E), 
                        Requirements, no later than the date specified in 
                        column (d) of Table I.

                        1.  For the purpose of determining compliance with 
                            the control efficiency requirement shown in 
                            column (c) of Table I, subsection (E), if a 
                            reduction in the amount of ethylene oxide across 
                            the control device is demonstrated, but the 
                            control efficiency cannot be affirmatively 
                            demonstrated because the concentration of 
                            ethylene oxide measured in the outlet of the
                            control device is below 0.2 parts per million 
                            ethylene oxide, the facility shall be considered 
                            to be in compliance with this requirement.
                   
                    H.  Alternate Compliance Date.  The owner or operator of 
                        any facility which uses more than 600 pounds of 
                        ethylene oxide per year may choose this alternate 
                        compliance option which addresses the date for 
                        compliance with the requirements of subsection (E).  
                        If this compliance option is chosen, the owner or 
                        operator shall:

                        1.  within 3 months of the date of District adoption 
                            of regulations enacting this control measure, 
                            comply with the requirements shown in 
                            subsections (E)(1) and (E)(2) and demonstrate a 
                            control efficiency of 99.9% for the sterilizer 
                            exhaust stream, in accordance with the source 
                            testing requirements set forth in subsection (I), and

                        2.  within 6 months of the date of District adoption 
                            of regulations enacting this control measure, 
                            submit to the District a plan to discontinue 
                            operation of all sterilizers and aerators or
                            comply with the District requirements to submit 
                            a plan to comply with the requirements of 
                            subsections (E)(3), (E)(4), and (E)(5), and

                        3.  within 18 months of the date of District 
                            adoption of regulations enacting this control 
                            measure, do one of the following:

                            a.  demonstrate to the satisfaction of the 
                                District that operation of all sterilizers 
                                and aerators at the facility has been 
                                permanently discontinued, or

                            b.  demonstrate compliance with the requirements 
                                of subsections (E)(3), (E)(4), and (E)(5), 
                                in accordance with the source testing 
                                provisions set forth in subsection (I), 
                                below.

                    I.  Source Testing.  Source testing shall be conducted
                        according to ARB Test Method 431 (Title 17, CCR, 
                        Section 94143) and the method evaluations cited 
                        therein or an acceptable source test method approved 
                        by the Executive Officer of the Air Resources Board.
                        Specific requirements for application are given 
                        below:
                       
                        1.  The test on a control device for a sterilizer 
                            exhaust stream shall be run with a typical load, 
                            as approved by the District, in the sterilizer.
 
                        2.  The test on a control device for an aerator 
                            exhaust stream shall be run with a typical load, 
                            as approved by the District, in the aerator.

                        3.  The inlet and outlet of the control device shall 
                            be sampled simultaneously during testing to 
                            measure the control efficiency.

                        4.  The efficiency of each control device shall be
                            determined under conditions of maximum ethylene 
                            oxide mass flow to the device, under normal 
                            operating conditions.  To measure the control 
                            efficiency of the control device on the 
                            sterilizer exhaust stream, sampling shall be 
                            done during the entire duration of the first 
                            sterilizer evacuation after ethylene oxide has 
                            been introduced.  To measure the control 
                            efficiency of the control device on an aerator 
                            exhaust stream with a constant air flow, 
                            sampling shall be done during a period of at 
                            least 60 minutes, starting 15 minutes after 
                            aeration begins.  To measure the control 
                            efficiency of the control device on an aerator 
                            exhaust stream with a non-constant air flow, 
                            sampling shall be done during the entire 
                            duration of the first aerator evacuation after 
                            aeration begins.

                        5.  There shall be no dilution of the air stream 
                            between the inlet and outlet test points during 
                            testing.

          Sec 98.4  DIOXINS AIRBORNE TOXIC CONTROL MEASURE - MEDICAL WASTE
                    INCINERATORS.

                    A.  Definitions.  For the purposes of this section, the
                        following definitions shall apply:

                        ARB.  Means the State of California Air Resources
                        Board.

                        ARB Test Method 2.  Means the test method specified 
                        in Title 17, California Code of Regulations, 
                        Section 94102.

                        ARB Test Method 428.  Means the test method 
                        specified in Title 17, California Code of 
                        Regulations, Section 94139.

                        Control Equipment.  Means any device which reduces
                        emissions from medical waste incinerators.

                        Dioxins.  Means dibenzo-p-dioxins and dibenzofurans
                        chlorinated in the 2,3,7, and 8 positions and 
                        containing 4,5,6, or 7 chlorine atoms and is 
                        expressed as 2,3,7,8, tetrachlorinated 
                        dibenzo-para-dioxin equivalents using current 
                        California Department of Health Services toxic 
                        equivalency factors.

                        Facility.  Means every building, structure,
                        appurtenance, installation, or improvement located 
                        on land which is under the same or common ownership 
                        or operation, and is on one or more contiguous or 
                        adjacent properties.

                        Medical Facilities.  Means medical and dental 
                        offices, clinics and hospitals, skilled nursing 
                        facilities, research facilities, research 
                        laboratories, clinical laboratories, all unlicensed 
                        and licensed medical facilities, clinics and 
                        hospitals, surgery centers, diagnostic laboratories, 
                        and other providers of health care.

                        Medical Waste Incinerator.  Means all of the 
                        furnaces or other closed fire chambers that are 
                        located at a facility and used to dispose of waste 
                        generated at medical facilities by burning.

                        Uncontrolled Emissions.  Means the dioxins emissions
                        measured from the incinerator at a location 
                        downstream of the last combustion chamber, but prior 
                        to the air pollution control equipment.

                        Waste.  Means all discarded putrescible and
                        nonputrescible solid, semisolid, and liquid 
                        materials, including garbage, trash, refuse, paper, 
                        rubbish, food, ashes, plastic, industrial wastes, 
                        demolition and construction wastes, equipment,
                        instruments, utensils, appliances, manure, and human 
                        or animal solid and semisolid wastes.

                    B.  Requirements For Medical Waste Incinerators That
                        Incinerate More Than 25 Tons of Waste Per Year.  The 
                        following requirements shall apply only to medical 
                        waste incinerators that incinerate more than 25 tons 
                        of waste per year:

                        1.  No person shall operate a medical waste 
                            incinerator unless:

                            a.  The dioxins emissions have been reduced by
                                99 percent or more of the uncontrolled 
                                emissions; or

                            b.  The dioxins emissions have been reduced to
                                10 nanograms or less per kilogram of waste 
                                burned.

                        2.  No person shall operate a medical waste 
                            incinerator unless the control equipment is 
                            installed and used in a manner which has been 
                            demonstrated to and approved by the District Air 
                            Pollution Control Officer to meet the following 
                            requirements:

                            a.  The flue gas temperature at the outlet of
                                the control equipment shall not exceed 
                                300 degrees Fahrenheit, unless it has been 
                                demonstrated to, and approved in writing by, 
                                both the ARB and the District Air Pollution 
                                Control Officer that lower emissions are 
                                achieved at a higher outlet temperature; and

                            b.  For a single chamber incinerator, the 
                                combustion chamber shall be maintained at no 
                                less than 1800 degrees ( 200 degrees) 
                                Fahrenheit.  For a multiple chamber 
                                incinerator, the primary combustion chamber 
                                shall be maintained at no less than 
                                1400 degrees Fahrenheit, and the secondary 
                                chamber shall be maintained at no less than 
                                1800 degrees ( 200 degrees) Fahrenheit.
                                The furnace design shall provide for a 
                                residence time for combustion gas of at 
                                least one second.  Residence time shall be 
                                calculated using the following equation:

                                   [--- Unable To Translate Graphic ---]

                                where:

                                V means the volume, as expressed in cubic 
                                feet, from the point in the incinerator 
                                where the maximum temperature has been
                                reached until the point where the 
                                temperature has dropped to 1600 degrees 
                                Fahrenheit.

                                Qc means the combustion gas flow through V, 
                                as expressed in actual cubic feet per second, 
                                which is measured according to ARB Method 2, 
                                after adjusting the measured flow rate to
                                the maximum combustion chamber temperature 
                                (Tc) by using Tc instead of Tstd in the 
                                Method 2 calculation for Qc.

                                The volumetric flow rate measured at the 
                                sampling points must be adjusted to chamber 
                                pressures.

                                Alternative methods may be used if 
                                conditions for determining the combustion 
                                gas flow rate by Method 2 are unacceptable.  
                                The determination shall be within the 
                                guidelines of Method 2 and at the discretion 
                                of the Air Pollution Control Officer.

                                The calculation of the gas flow rate using 
                                the following combustion stoichiometry 
                                equation for Qc is one alternative to 
                                measuring the gas flow rate:


                                  [--- Unable To Translate Graphic ---]

                                Where:

                                  [--- Unable To Translate Graphic ---]

                                  [--- Unable To Translate Graphic ---]

                                EAwf means the excess air ration (lbs excess 
                                air per lbs theoretical air) for the waste 
                                feed expressed as a percentage.

                                EAaf means the excess air ratio (lbs excess 
                                air per lbs theoretical air) for the 
                                auxiliary fuel expressed as a percentage.

                                Tc = means the maximum temperature, in 
                                degrees Fahrenheit, that has been reached in 
                                the incinerator.

                                In order to estimate Qstoiwf and EAwf, a
                                representative sample of the waste must be 
                                characterized by chemical analysis.

                        3.  No person shall operate a medical waste 
                            incinerator unless the bottom ash, fly ash and 
                            scrubber residuals are handled and stored in a 
                            manner that prevents entrainment into ambient 
                            air.

                        4.  The owner or operator of a medical waste 
                            incinerator shall maintain the following:

                            a.  A continuous data recording system which 
                                provides for each day of operation 
                                continuous recording of the primary and
                                secondary combustion chamber temperatures; 
                                carbon monoxide emissions; the key operating 
                                parameters of the air pollution control
                                equipment, as specified by the District Air 
                                Pollution Control Officer; the hourly waste 
                                charging rates; and the opacity of stack
                                emissions or other indicator of particulate 
                                matter which is approved by the District Air 
                                Pollution Control Officer;
                          
                            b.  Maintenance records for the incinerator, 
                                control equipment, and monitoring equipment; 
                                and calibration records for the monitoring 
                                equipment; and

                            c.  Equipment for determining and recording the 
                                weight of waste charged to the incinerator.

                        5.  For purposes of demonstrating compliance with
                            subsection (B)(1) of this rule the owner or 
                            operator of a medical waste incinerator shall 
                            conduct a minimum of two annual source tests for 
                            the dioxins stack emissions using ARB Test 
                            Method 428, using the high resolution mass 
                            spectrometry option.  Annual source tests shall
                            be conducted until at least two consecutive 
                            tests demonstrate compliance, at which time the 
                            frequency of future source tests is at the 
                            discretion of the Air Pollution Control Officer.  
                            For purposes of determining compliance with 
                            subsection (B)(1)(a) of this rule, emissions 
                            shall be sampled simultaneously from the flue at 
                            a location downstream of the last combustion 
                            chamber, but prior to the control equipment, and 
                            from the stack during source testing.  For
                            purposes of determining compliance with 
                            subsection (B)(1)(b) of this rule, the source 
                            testing shall be conducted at the stack.  The
                            information regarding the composition (moisture 
                            content, and amount of the total waste that is 
                            infectious, pathological, hazardous, or 
                            radioactive) and feed rate of the fuel charged 
                            during the source test shall be provided with 
                            the test results.  In those cases where
                            incinerator operators are required to submit 
                            information in the permit application on the 
                            type and quantity of waste burned, composition 
                            and representativeness of the waste for the 
                            compliance test will be determined by inspection 
                            and comparison with the permit application.  
                            When this comparison is not possible, the
                            determination of composition and 
                            representativeness will be based on source 
                            generation data and inspection.  The District 
                            Air Pollution Control Officer can require 
                            additional necessary information regarding the 
                            composition of the waste.  Source testing shall 
                            be conducted at the maximum waste firing 
                            capacity ( 10 percent) allowed by the air 
                            district permit.  A copy of all source test 
                            results conducted for the purposes of 
                            demonstrating compliance with this rule shall be 
                            provided to the ARB at the same time that it is
                            provided to the local Air Pollution Control 
                            District.

                        6.  Any violation, malfunction, or upset condition 
                            on the incinerator, the air pollution control 
                            equipment, or the continuous data recording 
                            system, shall be reported to the District within 
                            1 hour of occurrence or by 9 a.m. the next 
                            business day if the malfunction occurs outside 
                            normal business hours and the District does not 
                            maintain a radio room or an answering machine.

                        7.  No person shall operate a medical waste 
                            incinerator unless each individual who operates 
                            or maintains the incinerator obtains either a 
                            certificate of training in medical waste
                            incineration issued by the American Society of 
                            Mechanical Engineers within nine months of the 
                            commencement of the training program, or
                            equivalent training as determined by the Air 
                            Pollution Control Officer.  Copies of the 
                            training certificates for the operators and
                            maintenance engineers shall be submitted to the 
                            District and the original certificates shall be 
                            available for inspection at the facility with 
                            the Permit to Operate.

                    C.  Requirements For Medical Waste Incinerators That
                        Incinerate 25 Tons Or Less Of Waste Per Year.  The 
                        following requirements shall apply to incinerators 
                        that incinerate 25 tons or less of waste per year:

                        1.  No person shall operate a medical waste 
                            incinerator that incinerates 25 tons or less of 
                            waste per year unless the requirements specified 
                            in subsections (B)(3), (B)(4)(c), and (B)(7)
                            are met.
                        
                        2.  The owner or operator of a medical waste 
                            incinerator that incinerates more than 10 but 
                            less than 25 tons of waste per year shall 
                            conduct an initial source test at the 
                            incinerator stack as specified in 
                            subsection (B)(5).

                    D.  Compliance Schedule:

                        1.  No later than 90 days after District adoption of
                            regulations enacting this control measure, the 
                            owner or operator of a medical waste incinerator 
                            that incinerates more than 25 tons of waste per 
                            year shall submit to the District Air Pollution 
                            Control Officer an application for an Authority 
                            to Construct the equipment necessary to meet the 
                            requirements of sections (B)(1) or (B)(2), and
                            no later than 15 months after District adoption 
                            of regulations enacting this control measure, 
                            the owner or operator of a medical waste 
                            incinerator shall be in compliance with this 
                            regulation.

                        2.  The owner or operator of a medical waste 
                            incinerator who intends to permanently shut 
                            down operation of the incinerator shall notify 
                            the District of the shutdown date within 90 days 
                            after District adoption of regulations enacting 
                            this control measure.  The shutdown date shall 
                            be no later than six months after District
                            adoption of regulations enacting this control 
                            measure.

                        3.  The owner or operator of a medical waste 
                            incinerator that incinerates 25 tons or less of 
                            waste per year who intends to remain in 
                            operation shall notify the District within 
                            90 days after District adoption of regulations 
                            enacting this control measure.  The owner or 
                            operator of a medical waste incinerator shall be 
                            in compliance with this regulation no later than 
                            15 months after District adoption of regulations 
                            enacting this control measure.

                    E.  This Control Measure Shall Not Apply To Those
                        Incinerators Which Are Exclusively Crematoria Of 
                        Human Or Animal Remains.

          Sec 98.5  ASBESTOS AIRBORNE TOXIC CONTROL MEASURE-ASBESTOS 
                    CONTAINING SERPENTINE.

                    A.  Definitions for the purpose of this section, the
                        following definitions shall apply:

                        Aggregate.  Means a mixture of mineral fragments, 
                        sand, gravel, rocks, or similar minerals.

                        Alluvial Deposit.  Means any deposit of sediments 
                        laid down by running water including, but not 
                        limited to, streams and rivers.

                        ARB Test Method 435.  Means the test method 
                        specified in Title 17, California Code of 
                        Regulations, Section 94147.

                        Asbestos.  Means asbestiforms of the following 
                        hydrated minerals:  chrysotile (fibrous serpentine), 
                        crocidolite (fibrous riebecktite), amosite (fibrous 
                        cummingtonite-grunerite), fibrous tremolite, fibrous 
                        actinolite, and fibrous anthophyllite.

                        Asbestos-containing Serpentine Material.  Means
                        serpentine material that has an asbestos content 
                        greater than five percent (5.0%) as determined by 
                        ARB Test Method 435.

                        Receipt.  Means any written acknowledgment that a
                        specified amount of serpentine material was 
                        received, delivered, or purchased.  Receipts 
                        include, but are not limited to, bills of sale, 
                        bills of lading, and notices of transfer.

                        Road Surface.  Means the traveled way of a road and 
                        any shoulder which extends up to 10 feet from the 
                        edge of the traveled way.

                        Sand and Gravel Operation.  Means any 
                        aggregate-producing facility operating in alluvial 
                        deposits.
                       
                        Serpentine.  Means any form of hydrous magnesium
                        silicate minerals including, but not limited to, 
                        antigorite, lizardite, and chrysotile.

                        Serpentine Material.  Is any material that contains 
                        at least ten percent (10%) serpentine as determined 
                        by a registered geologist.  The registered geologist 
                        must document precisely how the serpentine content 
                        of the material in question was determined.

                        Surfacing.  Means the act of covering any surface 
                        used for purposes of pedestrian, vehicular, or 
                        non-vehicular travel including, but not limited to 
                        roads, road shoulders, streets, alleys, lanes, 
                        driveways, parking lots, playgrounds, trails,
                        squares, plazas, and fairgrounds.

                    B.  Requirements For Use Or Sale Of Asbestos-Containing
                        Serpentine Material.

                        1.  No person shall use or apply serpentine material 
                            for surfacing in California unless the material 
                            has been tested using ARB Test Method 435 and 
                            determined to have an asbestos content of
                            five percent (5.0%) or less.  A written receipt 
                            or other record documenting the asbestos content 
                            shall be retained by any person who uses or 
                            applies serpentine material, for a period of at 
                            least seven years from the date of use or 
                            application, and shall be provided to the Air 
                            Pollution Control Officer or his/her designee 
                            for review upon request.

                        2.  Any person who sells, supplies, or offers for 
                            sale serpentine material in California shall 
                            provide with each sale or supply a written 
                            receipt containing the following statement:
                            "Serpentine material may have an asbestos 
                            content greater than five percent (5.0%).  It is 
                            unlawful to use serpentine material for 
                            surfacing unless the material has been tested 
                            and found to contain less than or equal to 
                            five percent (5.0%) asbestos.  All tests for
                            asbestos content must use California Air 
                            Resources Board Test Method 435, and a written 
                            record documenting the test results must be
                            retained for at least seven years if the 
                            material is used for surfacing."

                        3.  No person shall sell, supply, or offer for sale
                            serpentine material for surfacing in California 
                            unless the serpentine material has been tested 
                            using ARB Test Method 435 and determined to have 
                            an asbestos content of five percent (5.0%) or
                            less.  Any person who sells, supplies, or offers 
                            for sale serpentine material that he or she 
                            represents, either orally or in writing, to be 
                            suitable for surfacing or to have an asbestos 
                            content that is five percent (5.0%) or less, 
                            shall provide to each purchaser or person 
                            receiving the serpentine material a written 
                            receipt which specifies the following 
                            information: the amount of serpentine material 
                            sold or supplied; tested, and supplied or sold; 
                            and the asbestos content of the serpentine 
                            material as measured by ARB Test Method 435.  
                            A copy of the receipt must, at all times, remain 
                            with the serpentine material during transit and 
                            surfacing.

                        4.  Any person who sells, supplies, or offers for 
                            sale serpentine material, shall retain for a 
                            period of at least seven years from the date of 
                            sale or supply, copies of all receipts and
                            copies of any analytical test results from 
                            asbestos testing of the serpentine material.  
                            All receipts and test results shall be
                            provided to the Air Pollution Control Officer or 
                            his/her designee for review upon request.

                        5.  If ARB Test Method 435 has been used to perform 
                            two or more tests on any one volume of 
                            serpentine material, whether by the same or a 
                            different person, the arithmetic average of 
                            these test results shall be used to determine 
                            the asbestos content of the serpentine material.

                    C.  Exemptions.

                        1.  The provisions of subdivision (B)(2) through 
                            (B)(5) shall not apply to sand and gravel 
                            operations.

                        2.  The provisions of subdivision (B)(1) shall not 
                            apply to roads located at serpentine quarries, 
                            asbestos mines, or mines located in serpentine 
                            deposits.

                        3.  The provisions of subdivision (B)(1) shall not 
                            apply to maintenance operations on any existing 
                            road surfaces, or to the construction of new 
                            roads in serpentine deposits, as long as no 
                            additional asbestos-containing serpentine 
                            material is applied to the road surface.

                        4.  Emergency Road Repairs.  The Air Pollution 
                            Control Officer may issue a temporary exemption 
                            from the requirements of subdivision (B)(1) to 
                            an applicant who demonstrates that a road
                            repair is necessary due to a landslide, flood, 
                            or other emergency and that the use of material 
                            other than serpentine is not feasible for this 
                            repair.  The Air Pollution Control Officer shall 
                            specify the time during which such exemption 
                            shall be effective, provided that no exemption 
                            shall remain in effect longer than 
                            six (6) months.

                        5.  Bituminous and Concrete Materials.  The 
                            provisions of subdivision (B) shall not apply to 
                            serpentine material that is an integral part of 
                            bituminous concrete, portland cement concrete,
                            bituminous surface, or other similar cemented 
                            materials.

                        6.  The provisions of subdivision (B)(1) shall not 
                            apply to landfill operations other than the 
                            surfacing of public-access roads dedicated to 
                            use by vehicular traffic.