LAKE COUNTY AIR QUALITY MANAGEMENT DISTRICT
 
 
 
 

Chapter II, Article IV Other Emissions or Contaminants
 Adopted November 22, 1976


 

Section 430: General: No person shall discharge, or permit to be discharged from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance or annoyance to any considerable number of persons or to cause injury or damage or have natural tendency to cause injury or damage to business or property (Health and Safety Code Section 41700). This does not apply to odors emanating from agricultural operations in the growing of crops or raising of animals (Health and Safety Code Section 41705). Any discharge of air contaminants which will cause the ambient air quality to exceed those amounts listed in the Table of Standards, applicable state-wide, as shown in the California Administrative Code, Title 17, Section 70200, off premises shall be a violation of this Section. Section 70200 of the California Administrative Code is hereby adopted and made a part of this Regulation as though fully set forth herein.
Section 431:

Non-agricultural Burning;: Except as otherwise provided in these Rules and Regulations, no person shall use open outdoor fires for the purpose of disposal or burning of petroleum wastes, demolition debris, tires, trees, wood waste, or other combustible or flammable solid or liquid waste; or for metal salvage or burning of motor vehicle bodies or portions thereof.

Section 431.5: Non-Agricultural Open Burning is prohibited in the Lake County Air Quality Management District: 

  1. on any day designated pursuant to Section 1010; 
  2. on no burn days designated by the ARB; and 
  3. June 1 through the end of fire season, as designated pursuant to Section 226.5. Activities conducted pursuant to Sections 432, 432.5 and 442 shall be exempt from the requirements of this section. 

Section 431.7: Non-Agricultural Burning; Hours for the Lake County Air Quality Management District are as follows: 

  1. Fire season, as defined in Section 226.5, 8 AM to 12 noon; 
  2. Non-Fire Season, 9 AM to 3 PM. No fire shall be ignited before or after these applicable hours unless such day is designated as an extended burn day by the Lake County Air Quality Management District. 

Extended burn days shall be determined after consideration of the following factors: 

  1. prevailing visibility (observed, measured coefficient of haze and nephlometric back scattering); 
  2. anticipated frontal movement; 
  3. existence of inversions and adiabatic lapse rate (if information is available); 
  4. previous and next burn day's burn status; 
  5. precipitation; and 
  6. if air quality at the time of determination has degraded to 50% of any ambient air quality standard. 

Existing lawful open fires continuing to burn without fuel addition after hours designated herein are authorized unless it creates a public nuisance or threatens the public health, safety or welfare pursuant to the California State Health and Safety Code or these Rules and Regulations. 

Section 432:

Nothing in this Article shall be construed as limiting the authority granted under other provisions of the law to any public officer to set or permit a fire when such fire is, in his opinion, necessary for any of the following purposes: 

  1. The prevention of a fire hazard which cannot be abated by any other means on designated permissive burn days. 
  2. The instruction of public employees in the methods of fighting fires. 
  3. The instruction of employees in the methods of fighting fire when such fire is set pursuant to permit. 
  4. The setting of backfires necessary to save life or valuable property pursuant to Section 4426 of the Public Resources Code. 
  5. The abatement of fire hazards pursuant to Section 13055, Health and Safety Code. 
  6. Disease or pest prevention where there is an immediate need for and no reasonable alternative to burning. 
  7. Disposal of agricultural pesticide containers in a manner required by law at the time and place of use when no reasonable alternative to burning exists. 

Section 432.5: Exemptions for Preparation of Food and Recreational purposes: Open outdoor fires which are otherwise lawful, which are not cause of a public nuisance, and used exclusively for cooking food for human beings, or for recreational purposes are exempt from these rules and regulations. 

Section 433: Nothing in this Article shall be construed as prohibiting burning during the hours of 9 AM to 3 PM from the period starting at the end of fire season, as defined in Section 226.5, to June 1 of each year for the disposal of combustible or flammable solid waste originating solely from a single or two-family dwelling and includes paper and cardboard, but does not include garbage, cloth, plastics, petroleum products, metal, material soiled by food or fecal matter, or any similar smoke producing materials on its premises on designated permissive burn days.

Material to be burned must be properly dried and all open burning shall be conducted in a manner to minimize smoke and promote quick and complete combustion. The use of an incinerator-type device including those commonly known as a "burn barrel" is prohibited.
Section 434:

Nothing in this Article shall be construed to prohibit right-of-way clearing by a public entity or utility or for levee, reservoir and ditch maintenance on designated permissive burn days for the period of the year starting at the end of fire season, as designated by the Director of the California Department of Forestry and Fire Protection to June 1. No such material may be burned pursuant to this Section unless: 

  1. agricultural burning is not prohibited on that day, pursuant to Section 41855 of the Health and Safety Code, 
  2. the material has been prepared by stacking, drying or other methods to promote combustion as specified by the Air Pollution Control Officer having jurisdictions; and 
  3. hours limiting and dates of allowed burning are consistent with agricultural burning limitations of these rules and regulations. 
Section 435: Notwithstanding Sections 41508 and 41800 of the Health and Safety Code, open outdoor fires may be used to dispose of Russian Thistle (Salsola Kali) when authorized by a chief of a fire department of fire protection agency of a city, county or fire protection district, the State Forester or his commissioner, or an Air Pollution Control Officer.
Section 436:

The Air Pollution Control Officer may authorize by permit open outdoor fires for the purpose of disposing of agricultural wastes, or wood waste from trees, vines, bushes, or other wood debris free of non-wood materials, in a mechanized burner such that no air contaminant is discharged into the atmosphere for a period or periods aggregating more than 30 minutes in any eight-hour period which is: 

  1. As dark or darker in shade as that designated as No. 1 on the Ringelmann Chart, as published by the United States Bureau of Mines, or 
  2. Of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke described in subdivision A. In authorizing the operation of a mechanized burner, the Air Pollution Control Officer may make the permit subject to whatever conditions he determines are reasonably necessary to assure conformance with the standards prescribed in this Section. 

Section 436.5 Wood Waste Burning: The following Regulations shall apply to the use of open fires for the disposal of wood waste from property being developed for industrial, commercial or residential purposes: 

  1. All burning shall be ignited by approved ignition devices such as fuses, orchard torches, propane torches, pressurized flame thrower-type torches, jellied petroleum devices, matches, fuse lighters, commercial fuses, fuel blivets, drip torches, diesel sprayers or other such approved devices. 
  2. All material to be burned shall be free of material that is not produced in the clearance or grown on the property where the waste is to be burned. Tires, tarpaper and other rubbish shall not be burned. 
  3. All material to be burned shall be arranged so that it will burn with a minimum of smoke and be reasonably free of dirt, soil and visible surface moisture. 
  4. Material shall be dried as follows: 
    1. Trees and branches over six (6) inches in diameter: sixty (60) days. 
    2. Vines and brush: thirty (30) days. 
    3. Prunings and smaller branches: fifteen (15) days. 
    4. Designated agencies may modify the above drying times as conditions warrant. 
  5. The District shall be contacted prior to burning and the District may when necessary to preserve air quality, elect to delay the burn. In making such a decision to delay, the District shall consider the quantity and type of material to be burned, location of burn site, proximity to receptors and prevailing meteorological and ambient air quality conditions. 
  6. The burn shall be ignited as rapidly as practicable within applicable fire control restrictions. 
  7. Maximum care must be taken to keep smoke from drifting into residential areas such as the incorporated cities and their immediate surrounding populace. Wind direction, topography, thermal inversion and population density shall be considered to minimize smoke reaching nearby residential areas. 
  8. Unwanted trees over six (6) inches in diameter shall be felled and dried at least sixty (60) days. Tree stumps shall not be burned. 
  9. Brush must be crushed, uprooted or desiccated with herbicides at least six (6) months prior to burning if economically and technically feasible. 
  10. An Agricultural Burning Permit is required and such burning is permitted only on "Permissive-Burn" days. 
  11. No special "no burn day" economic exemption permits shall be granted. 
  12. Authorization under this section shall be granted if the Air Resources Board determines that an alternate method is technically and economically feasible. 
Section 437:

Animal Matter: A person shall not operate or use any article, machine, equipment or other contrivance for the destruction 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 twelve hundred (1,200) degrees Fahrenheit for a period of not less than three-tenths (0.3) second, or 
  2. Processed in 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. 
Section 438: Orchard Heaters;: No new orchard or citrus heater produced or manufactured shall be sold for use against frost damage unless it has been approved by the California Air Resources Board. All orchard heaters used shall be of a type which produces unconsumed carbonaceous matter at a rate of not more than one (1) gram per minute. Burning permits are not required for orchard heater operations.
Section 439:

Gasoline Storage: No person shall install or maintain a stationary gasoline storage tank in violation of the provisions of Article 5, Chapter 3, Part 4, Division 26 of the Health and Safety Code (commencing with Section 41950).

Section 439.5: All new or modified gasoline retail service stations shall require an authority to construct and permit to operate. All existing gasoline retail service stations having an installed gasoline storage capacity of greater than 2,900 gallons shall also require the aforementioned permits. The following shall apply to gasoline retail service stations. 

  1. RETAIL GASOLINE TRANSFER AND STORAGE (Phase I) - Except as otherwise provided, no person shall transfer or permit the transfer of gasoline from any delivery vessel into any stationary container with a capacity of more than 260 gallons used for the fueling of motor vehicles where a collection of state sales tax is required unless the following conditions are met: 
    1. the storage tank is equipped with a permanent submerged fill pipe; 
    2. the storage tank and delivery vessel are equipped with an "ARB Certified" Phase I vapor recovery system and all vapor return lines are connected between the delivery vessels and stationary storage containers during fuel transfer; and 
    3. the installed equipment is operated and maintained in accordance with the manufacturers specifications and as defined by the applicable ARB Certification and Test Procedure. 
  2. RETAIL DISPENSING REQUIREMENTS (Phase II) - Except as otherwise provided, no person shall transfer or permit the transfer of gasoline from a stationary storage container into any motor vehicle fuel tank with a capacity in excess of five (5) gallons unless: 
    1. The dispensing unit used in the transfer is equipped with an "ARB Certified" Phase II vapor recovery system; and 
    2. the system is operated and maintained in accordance with the manufacturers specifications and pursuant to definitions in California Code of Regulation Section 94006, Subchapter 8, Chapter 1, Part III, of Title 17. 
  3. POSTING REQUIREMENTS - The operator of any gasoline retail service station shall conspicuously post: 
    1. on each dispensing pump a sign stating "Air Toxic Risk - Avoid Breathing Fumes - For Your Own Protection DO NOT TOP TANK" or similar noticing decal supplied by the District; and 
    2. at Phase II equipped facilities, operating instructions for the dispensing of fuel and an ARB toll free telephone number, or an alternative phone number provided by the District, for complaints from the public. 
  4. HOLD OPEN LATCHES - The operator of any gasoline retail service station subject to this section shall install and maintain to manufacturers specifications a "hold open latch" device on each dispensing nozzle unless a determination has been made by the local Fire Marshall that such a device constitutes a safety hazard. 
  5. EXEMPTIONS - The following exemptions from this section shall apply. 
    1. Section 439.5, part A shall not apply to the transfer of gasoline from any delivery vessel into any existing stationary storage container at an existing retail service station with an annual throughput of 240,000 gallons or less, unless such is required to comply with Section 430. During any year thereafter, if annual throughput exceeds 240,000 gallons this exemption shall cease to apply. 
    2. Section 439.5, part B shall not apply to the transfer of gasoline to motor vehicles from existing retail service stations with an annual throughput of 440,000 gallons or less. During any year thereafter, if annual throughput exceeds 440,000 gallons this exemption shall cease to apply. 
    3. Section 439.5, part B shall not apply to any existing modified, or new remotely located retail gasoline service station, open to the public which has past and anticipated future annual throughput of 100,000 gallons or less;. A remotely located service station is one which is located eight 8) miles travel or more from the nearest publicly available permitted or existing retail service station at the time of initial permitting. During any calendar year thereafter if annual throughput exceeds 100,000 gallons this exemption shall cease to apply. The plumbing for Phase II shall be required to be installed to the extent practicable by issued permit to construct or modify. 
    4. Section 439.5 shall not apply to the transfer or dispensing of gasoline used the majority of the time for the fueling of implements of husbandry as defined in Division 16, Chapter 1, of the Vehicle Code. 
    5. Section 439.5, part A shall not apply to the transfer of gasoline in an amount of 500 gallons or less performed by a delivery truck presently in use for secondary redistribution of gasoline at an existing District permitted bulk plant. This exemption shall cease to apply January 1, 1996. 
    6. Section 439.5, part D shall not apply to gasoline retail service stations equipped with a Phase II vapor recovery system. 
    7. Section 439.5, part B and D shall not apply to gasoline sales from equipment used solely for the purpose of fueling aircraft or marine vessels while in the water. 
    8. Upon written request and providing proof of the necessity of sales of gasoline to enable response to an emergency declared by the Lake County Board of Supervisors, or for routine operations of emergency response vehicles at remotely located sites and stations as defined in 3) above, such sales shall be deducted prior to determining qualification for exemptions contained in 1), 2) and 3) above. 
  6. COMPLIANCE SCHEDULE 
    1. The owner of any gasoline retail service station initiating construction after January 15, 1989 and subject to this rule shall comply at the time gasoline is first received or dispensed. 
    2. The owner of any gasoline retail service station previously exempt shall at the time of a tank replacement, or modifications requiring replacement of more than 50% of the liquid piping be in compliance at the time gasoline is first dispensed after completion of the replacement or modification, or on January 15, 1991, whichever is later. 
    3. The owner of any other existing gasoline retail service station which has not been required to come into compliance shall achieve compliance in accordance with the following schedule: a) Within three months after adoption of this rule submit an application and fees for a permit to construct and operate, and b) by January 15, 1991 achieve final compliance with all requirements of the issued permit. 
    4. Any facility previously exempt, shall at the time of exceeding the limitations allowed by an exemption achieve compliance within twelve months of the end of the calendar year for which the limitation was first exceeded. 
  7. DEFINITIONS - The following definitions shall apply to section 439.5. 

Annual Throughput; means the volume of gasoline dispensed at a retail service station as determined from records of actual operation (excluding boat fueling while in the water and the fueling of aircraft) for each calendar year beginning on January 1, 1988 and each year thereafter.

ARB Certified Vapor Recovery System; means a Phase I or II vapor recovery system certified by the ARB pursuant to the California Health & Safety Code.

ARB; means California Air Resources Board.

Gasoline; means any organic liquid (including petroleum distillate and methanol) having a Reid vapor pressure of 4 psi or greater and used as a motor vehicle fuel or any fuel which is commonly or commercially known or sold as gasoline.

Hold Open Latch; means a device commonly in use and as supplied by the manufacturer which allows for the hands-off refueling of a vehicle.

Leak Free; means a liquid leak of no more than three drops per minute excluding losses which occur upon disconnection transfer fittings provided such disconnect losses do not exceed 10 milliliters (0.34 fluid ounces) per disconnect averaged over three disconnects.

Phase I Vapor Recovery System; means a gasoline vapor recovery system which recovers vapors during the transfer of gasoline from delivery vessels into stationary storage containers.

Phase II Vapor Recovery System; means a gasoline vapor recovery system which recovers vapors during the fueling of motor vehicles from stationary storage containers.

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

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 (1 in.) from the source or no visible evidence of air entrainment in the sight glasses of liquid delivery hoses. 

Section 440: New Source Performance Standards (NSPS): All new sources of air contaminants or modifications to existing sources shall comply with the rules, standards, criteria and requirements of Part 60, Chapter 1, Title 40, Code of Federal Regulations (40 CFR 60), as herein last amended which are adopted by reference and made a part of these Rules and Regulations. For the purpose of this Rule, the word "Administrator" as used in these federal new source performance standards shall mean the Air Pollution Control Officer of the District. Category types subject to New Source Performance Standards (NSPS) are as given in Table 4.

TABLE 4

CATEGORY TYPES SUBJECT TO

NEW SOURCE PERFORMANCE STANDARDS (NSPS)

Category - NSPS

40 CFR 60 Subpart

Last Amended

General Provisions

07/21/92 

Emissions Guidelines and Compliance Times for Existing Municipal Solid Waste Landfills

Cc 

03/12/96 

Fossil-Fuel Fired Steam Generators

09/27/84 

Electric Utility Steam Generating Units

Da 

05/07/90 

Industrial, Commercial, Institutional Steam Generating Units

Db 

05/07/90 

Small Industrial, Commercial, Institutional Steam Generating Units

Dc 

09/12/90 

Incinerators

02/14/90 

Municipal Waste Combustors

Ea 

02/11/91 

Portland Cement Plants

02/14/89 

Nitric Acid Plants

02/14/89 

Sulfuric Acid Plants

02/14/89 

Asphalt Concrete Plants

02/14/89 

Petroleum Refineries

02/04/91 

Petroleum Storage Vessels (Constructed June 11, 1973 to May 19, 1978)

04/08/87 

Petroleum Storage Vessels (Constructed after May 8, 1978, and Prior to July 23, 1984)

Ka 

04/08/87 

Petroleum Storage; Vessels Constructed after July 23, 1984

Kb 

4/8/87 

Secondary Lead Smelters

02/14/89 

Secondary Brass and Bronze Ingot Production

02/14/89 

Iron and Steel Plants

02/14/89 

Basic Oxygen Iron and Steel Plant

Na 

02/14/89 

Secondary Emissions

 

 

Sewage Treatment Plants

02/03/94 

Primary Copper Smelters

02/14/89 

Primary Zinc Smelters

02/14/89 

Primary Lead Smelters

02/14/89 

Primary Aluminum Reduction Plants

02/14/89 

Wet Process Phosphoric Plants

02/14/89 

Super Phosphoric Acid Plants

02/14/89 

Diammonium Phosphate Plants

05/17/89 

Granular Triple Super Phosphate Storage

02/14/89 

Coal Preparation Plants

01/27/83 

Ferro Alloy Production

02/14/90 

Steel Plants - Electric Arc Furnaces

AA 

02/14/89 

Electric Arc and Argon Oxygen Decarbonization

AAa 

02/14/89 

Kraft Pulp Mills

BB 

02/14/90 

Glass Manufacturing

CC 

05/17/89 

Grain Elevators

DD 

02/14/89 

Surface Coating of Metal Furniture

EE 

12/13/90 

Stationary Gas Turbines

GG 

06/27/89 

Lime Manufacturing

HH 

02/14/89 

Lead Acid Battery Manufacture

KK 

02/14/89 

Metallic Mineral Processing Plants

LL 

02/14/89 

Auto and Light-Duty Truck Surface Coating

MM 

12/13/90 

Phosphate Rock Plants

NN 

05/17/89 

Ammonium Sulfate Manufacturing

PP 

02/14/89 

Graphic Arts: Publication Rotogravure Printing

QQ 

11/08/82 

Pressure Sensitive Tape and Label Surface Coating

RR 

12/13/90 

Industrial Surface Coating, Large Appliances

SS 

12/13/90 

Metal Coil Surface Coating

TT 

05/03/91 

Asphalt Processing and Asphalt Roofing Manufacture

UU 

06/14/89 

Synthetic Organic Chemical Manufacturing Industry

VV 

06/27/89 

Beverage Can Surface Coating Industry

WW 

12/13/90 

Bulk Gasoline Terminals

XX 

02/14/89 

New Residential Wood Heaters

AAA 

02/13/92 

Rubber Tire Manufacturing

BBB 

09/19/89 

Volatile Organic Compounds from Polymer Manufacturing

DDD 

03/22/91 

Flexible Vinyl and Urethane Coating and Printing

FFF 

08/17/84 

Equipment Leaks of VOC in Petroleum Refineries

GGG 

05/30/84 

Synthetic Fiber Production Facilities

HHH 

04/27/84 

Synthetic Organic Chemical Manufacturing    
VOC from Air Oxidation Process

III 

09/07/90 

Petroleum Dry Cleaning

JJJ 

11/27/85 

Equipment Leaks of VOC from Onshore Natural Gas Processing Plants

KKK 

01/21/86 

Onshore Natural Gas Emissions    
Sulfur Dioxide Emissions

LLL 

02/14/89 

VOC from Distillation Operations

NNN 

06/29/90 

Non-Metallic Mineral Processing Plants

OOO 

02/14/89 

Wool Fiberglass Insulation

PPP 

02/14/89 

Petroleum Refinery Wastewater VOC Emissions

QQQ 

11/23/88 

Synthetic Organic Chemical Manufacturing    
VOC from Reactor Process

RRR 

08/31/93 

Magnetic Tape Coating Facilities

SSS 

12/09/88 

Business Machine Plastic Part Surface Coating

TTT 

01/29/88 

Mineral Industry Calciners and Dryers

UUU 

07/29/93 

Supporting Substrate Polymeric Coating Facilities

VVV 

9/11/89 

Standards of Performance for Municipal Solid Waste Landfills

WWW 

03/12/96 

Appendix A- Test Methods

07/10/92 

Appendix B- Performance Specifications

02/11/91 

Appendix C- Determination of Emission Rate Change

12/16/75 

Appendix D- Emission Inventory Information

11/17/75 

Appendix F- Quality Assurance Procedures

02/11/91 

Section 440:
(CONT'D)

For the purposes of this Rule, 40 CFR 60, Subpart XX shall be modified as indicated below, to conform with the requirements of California State Law: 

  1. The following definition is substituted for that of "vapor-tight gasoline tank truck" found at 40 CFR 60.501: "vapor-tight gasoline tank truck;" means a gasoline tank truck which has been found to be in compliance with the California Air Resources Board's (CARB) certification leak-rate criteria. This capability is demonstrated using the pressure test procedure specified in the CARB Certification and Test Procedures for Vapor Recovery Systems of Gasoline Delivery Tanks, and the Test Procedures for Gasoline Vapor Leak Detection Using Combustible Gas Detector. 
  2. Paragraph (e)(1) of 40 CFR 60.502 is deleted. 
  3. The following documentation file requirements are substituted for those specified at 40 CFR 60.505(b): The documentation file for each gasoline tank truck shall be updated at least once per year to reflect current test results as determined under CARB Certification and Test Procedures for Vapor Recovery Systems of Gasoline Delivery Tanks. This documentation shall include the information required by the CARB Certification and Test Procedures for Vapor Recovery Systems of Gasoline Delivery Tanks to be contained in the Application for Certification of individual tank trucks. 
Section 441:

Performance Standards For Existing Municipal Solid Waste Landfills:

  1. Definitions- Unless otherwise defined within this Section, the definitions used for the purposes of this Section shall be those given in 40 CFR Part 60.751. 
    1. "Administrator" shall mean the Air Pollution Control Officer of the Lake County Air Quality Management District. 
  2. General 
    1. Purpose - The purpose of this Section is to control emissions from existing Municipal Solid Waste Landfills as required under the provisions of the Federal Clean Air Act, as promulgated by USEPA at 40 CFR Part 60 Subpart Cc. 
    2. Applicability - The provisions of this Section shall apply to any Municipal Solid Waste Landfill that has accepted waste at any time since November 8, 1987, or has additional design capacity available for future waste deposition, and that has a design capacity greater than 2.5 million mega grams by mass, or 2.5 million cubic meters by volume. The landfill owner may calculate design capacity in either megagrams or cubic meters. Any density measure conversions shall be documented, submitted to the District and subject to the Administrator‘s approval. 
    3. Exemptions - Any Municipal Solid Waste Landfill that is subject to the requirements of the New Source Performance Standard Subpart WWW - Standards of Performance for Municipal Solid Waste Landfills (40 CFR Part 60.750) is exempt from the requirements of this Section. 
    4. Effective Dates - The requirements of this Section shall become effective on November 20, 1996. 
    5. References - The requirements of this Section arise from the provisions of the Federal Clean Air Act and its amendments (42 U.S. C Section 7401 et seq.); and USEPA regulations setting forth emission guidelines for Municipal Solid Waste Landfills (Final Rule, 40 CFR Part 60.30c). 
  3. Requirements- The provisions of Parts 60.751 - 60.759, Chapter 1, Title 40 of the Code of Federal Regulations (40 CFR Parts 60.751 - 60.759), are incorporated herein as the requirements of this Section. Applicable provisions of 40 CFR Parts 60.751 - 60.759 include those incorporated in the current bound CFR volume plus any provisions recently promulgated by USEPA, as noticed in the Federal Register, but not yet incorporated into the bound CFR. 
 Section 442:

Wood Waste Disposal By Open Burning: Disposal of non-industrial and non-commercial wood wastes at designated sites by open burning may be authorized by a burning or authority to construct permit issued by the Air Pollution Control Officer and authorization by affected Fire Protection District or Agencies subject to the following conditions: 

  1. The site of such burning has been approved by the state Air Resources Board, and a new source permit has been granted by the AQMD pursuant to applicable rules. 
  2. The site is above 1500 feet elevation mean sea level. 
  3. The site is secured from public access by locked gates, fences or other means during periods of non operation and manned by a responsible party during all open hours of operation. Only vegetative, stumps of trees smaller than twelve (12) inches in width and free of visible dirt, and non industrial and untreated wood wastes are accepted at the site. All other wastes are to be immediately removed from the site if illegally placed at the site. 
  4. Wood wastes are dried for a minimum period as specified for agricultural burning by these rules and regulations, and free of dirt, soil and visible surface moisture prior to igniting to promote good combustion. 
  5. Wood wastes are ignited and burned by the affected Fire Prevention Agency personnel or other specific permit authorized public employees at a time and on a day when air dispersion is believed to be super adiabatic and fire safety assured. The District may delay any planned ignition to assure good air dispersion. Under no circumstances shall such burning occur on a designated no burn day. Such time and date shall be approved by the affected Fire Prevention Agency having jurisdiction in addition to the District, and the District shall be provided opportunity to inspect the site prior to ignition. 
  6. If a public nuisance as defined by Health and Safety Code Section 41700 occurs, the permit shall be voided and the operation discontinued. 
  7. If other than untreated wood or vegetative wastes are burned at the site the permit shall be voided and the operation discontinued. 
  8. Permits shall be voided upon a finding that alternative methods of disposal have been developed which are technologically and economically feasible by the State Air Resources Board or the District Board. 
Section 450: National Emissions Standards for Hazardous Air Pollutants (NESHAPS): The provisions of Part(s) 61 and 63, Chapter 1, Title 40, Code of Federal Regulations as herein last amended are adopted by reference and made a part of these Rules and Regulations. For the purposes of this Rule, the word "Administrator" as used in these national emission standards for hazardous air pollutants shall mean the Air Pollution Control Officer of the District. Category types subject to NESHAPS are as given in Table 5. EPA approved State ATCM's shall be considered District enforceable in lieu of the applicable NESHAP.

TABLE 5
NATIONAL EMISSIONS STANDARDS

FOR HAZARDOUS AIR POLLUTANTS (NESHAPS)

Category - NESHAP

40 CFR 61 Subpart

Last Amended

General Provisions

07/21/92 

Beryllium

11/07/85 

Beryllium Rocket Motor Firing

11/07/85 

Mercury

09/23/88 

Vinyl Chloride

12/23/92 

National Emissions Standards for Equipment Leaks (Fugitive Emissions Sources) of Benzene

06/06/84 

Benzene from Coke By-Product Recovery Plants

09/19/91 

National Emissions Standards for Asbestos

01/16/91 

Inorganic Arsenic from Glass Manufacturing Plants

08/04/86 

Inorganic Arsenic from Copper Smelters

08/04/86 

Inorganic Arsenic from Arsenic Trioxide and Metallic Arsenic Production Facilities

08/04/86 

National Emissions Standards for Equipment Leaks (Fugitive Emissions Sources)

07/10/90 

Benzene from Benzene Storage Vessels

12/11/89 

Benzene from Benzene Transfer Operations

BB 

03/07/90 

Emission Standard for Benzene Waste Operations

FF 

01/07/93 

     
Category - NESHAP

40 CFR 63 Subpart

Last Amended

General Provisions

03/16/94 

Major Source Control Technology Determinations

05/20/94 

Compliance Extensions for Early HAPs Reductions

11/29/93 

Organic Hazardous Air Pollutants from Organic Chemical Manufacturing

04/22/94 

Organic Hazardous Air Pollutants from Organic Chemical Manufacturing Process Vents, Storage, Transfer Operations and Wastewater

04/22/94 

Organic Hazardous Air Pollutants from Equipment Leaks

04/22/94 

Organic Hazardous Air Pollutant Equipment Leaks Subject to Negotiated Regulation

04/22/94 

National Perchloroethylene Air Emissions Standards for Dry Cleaning Facilities (major sources as defined in the General Provisions)

09/22/93 

Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations)

12/14/94 

Halogenated Solvent Cleaning

12/02/94 

Magnetic Tape Manufacturing Operations

EE 

12/15/94 

Benzene Waste Operations

FF 

01/07/93 

Shipbuilding and Ship Repair

II 

12/15/95 

Wood Furniture Manufacturing Operations

JJ 

12/15/95 


Section 460:

Chrome Plating and Anodizing Facilities

  1. REQUIREMENTS OF DECORATIVE CHROME PLATING FACILITIES: 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 District Air Pollution 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. 
  2. 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 (6) months after District adoption of regulations enacting this control measure and upon request thereafter submit the information to the District Air Pollution 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; 
      1. 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 
      2. 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 two (2) pounds per year but less than ten (10) pounds per year unless: 
      1. 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 
      2. 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 ten (10) pounds per year or greater unless: 
      1. 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 
      2. the chromium emissions from the emissions collection systems are reduced to less than 0.03mg of chromium per ampere-hour electrical of charge applied to the tanks. 
  3. COMPLIANCE SCHEDULE - DECORATIVE CHROME PLATING FACILITIES: No later than six (6) months after District adoption of regulations enacting this control measure the owners or operators of existing decorative chrome plating tanks must obtain a District permit and comply with the provisions of (A)(1). 
  4. COMPLIANCE SCHEDULE - HARD CHROME PLATING AND CHROMIC ACID ANODIZING FACILITIES: 
    1. No later than six (6) months after District adoption of regulations enacting this control measure the owners or operators of existing hard chrome plating or chromic acid anodizing tanks must obtain a District permit. No later than twelve months after District adoption of regulations enacting this control measure the owner or operator of an existing hard chrome plating or chromic acid anodizing facility subject to sections (B)(3) or (B)(5) shall submit to the District Air Pollution Control Officer an application for an Authority to Construct for the equipment necessary to meet the requirement of (B)(2) and (B)(3) and no later than eighteen months after District adoption of regulations enacting this control measure the facility shall be in compliance with the requirements of (B)(2) and (B)(3). 
    2. No later than eighteen months after District adoption of regulations enacting this control measure the owner or operator of a hard chrome plating or chromic acid anodizing facility subject to (B)(4) shall submit to the District Air Pollution Control Officer an application for an Authority to Construct the equipment necessary to meet the requirements of (B)(2) and (B)(4) and no later than twenty four months after District adoption of regulations enacting this control measure the facility shall be in compliance with the requirements of (B)(2) and (B)(4). 
    3. No later than thirty months after District adoption of regulations enacting this control measure the owner or operator of a hard chrome plating or chromic acid anodizing facility subject to (B)(5) shall submit to the District Air Pollution Control Officer an application for an Authority to Construct for the equipment necessary to meet the requirements of (B)(5) and no later than forty eight months after District adoption of regulations enacting this control measure the facility shall be in compliance with the requirements of (B)(5). 
Section 461:

Cooling Tower Requirement: Any person who owns, operates, plans to build, own, or operate, a cooling tower must: 

  1. Presently have a permit, or file an application with the District for an authority to construct permit within 90 days of the effective date of this regulation, or prior to the construction of a cooling tower be issued an authority to construct permit. The permit or application shall; 
    1. identify the operation and location of the cooling tower, 
    2. the owner of the equipment, 
    3. whether or not hexavalent chromium is used in the cooling tower circulating water, 
    4. if used, when hexavalent chromium use will cease, 
    5. identify materials of construction that contain hexavalent chromium, and 
    6. identify any treatment of materials of construction initially or planned as part of maintenance operations with hexavalent chromium. 
  2. Cease addition of hexavalent chromium compounds to the circulating water within 90 days of the effective date of this regulation, and achieve a hexavalent chromium content of the circulating water not to exceed 0.15 milligrams per liter no later than 180 days after the effective date. 
  3. Test the circulating water for hexavalent chromium concentration using APHA Method 312B or a method approved by the District every six months, report the results to the District, and retain the test results for two years. Testing may be waived if two consecutive test results over a one year period show a hexavalent chromium content of less than 0.15 milligrams per liter, however; the District may require additional testing at any time if there is information that the circulating water may contain hexavalent chromium. 
     

     
     
     

    EXCEPTIONS

  4. If the cooling tower contains wood components and the concentration of hexavalent chromium exceeds 0.15 milligrams per liter after 180 days from the effective date of this regulation, the District may extend the compliance date for the hexavalent chromium concentration limit up to six months provided:  
    1. the owner complies with all other requirements of this regulation; 
    2. the District is notified that the cooling tower contains wooden components and the owner requests an extension as provided by this section; 
    3. during the six month extension period the level does not exceed 8 mg/l and improvement is demonstrated; and 
    4. testing for hexavalent chromium in circulating water is performed monthly, forwarded to the District and the results retained on site by the operator for two years. 
  5. If the cooling tower has never used or ceased use of hexavalent chromium for at least one year immediately prior to the compliance date and a written certification, signed by the owner, is filed with the District, the District may waive the testing requirement and requirement for a permit to operate. 
Section 465:

Ethylene Oxide Airborne Toxic Control Measure Sterilizers and Aerators:

  1. Definitions. For the purposes of this section, the following definitions shall apply: 
    1. "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. 
    2. "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. 
    3. "Aeration-only facility" means a facility which performs aeration on materials which have been sterilized with ethylene oxide at another facility. 
    4. "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. 
    5. "Aerator exhaust stream" means all ethylene oxide-contaminated air which is emitted from an aerator. 
    6. "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 sterilizer materials. 
    7. "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. 
    8. "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: 
       

       
       


       

    9. "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. 
    10. "Ethylene oxide (EtO)" is the substance identified as a toxic air contaminant by the Air Resources Board in 17 CCR, Section 93000. 
    11. "Facility" means any entity or entities which: own or operate a sterilizer or aerator, are owned or operated by the same person or persons, are located on the same parcel or contiguous parcels. 
    12. "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. 
    13. "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 ppm, as determined by a portable flame ionization detector calibrated with methane, or an equivalent method approved by the district. 
    14. "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. 
    15. "Sterilant gas" means ethylene oxide or any combination of ethylene oxide and (an)other gas(es) used in a sterilizer. 
    16. "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. 
    17. "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. 
    18. "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. 
    19. "Sterilizer exhaust stream" is all ethylene oxide-contaminated air which is intentionally removed from the sterilizer during the sterilizer cycle. 
    20. "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 a device used solely to evacuate a sterilizer prior to the introduction of ethylene oxide. 
  2.  Applicability. Any person who owns or operates a sterilizer or an aerator must comply with this regulation. 
  3.  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; 
    2. the location of the facility; 
    3. the number of sterilizers and aerators at the facility; 
    4. an estimate of the total pounds of ethylene oxide and sterilant gas used 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. 
  4. 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's 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: l) 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. 
  5. 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 400 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 6

CONTROL AND COMPLIANCE REQUIREMENTS

CONTROL CATEGORY

REQUIREMENTS

(a)

(b)

(c)

(d)

Facility-wide Pounds of Ethylene Oxide Used per Year

Exhaust Streams to be Controlled

Exhaust Streams to be Tested

Control Efficiency (%)

Date of Compliance (months)

less than or equal to 4

None 

None 

None 

None 

more than 4 and less than or equal to 400

Sterilizer 

Sterilizer 

99.0 

24 

more than 400 and less than or equal to 5,000

Sterilizer Aerator Back-draft valve 

Sterilizer Aerator 

99.9

95.0

N/A * 

18 

more than 5,000

Sterilizer Aerator & Sterilizer Door Hood Back-draft valve 

Sterilizer Aerator 

99.9

95.0

N/A

N/A 

12 

Aeration-Only Facilities

Aerator 

Aerator 

95.0 

* Not Applicable
Section 465:

(CONT'D)

Ethylene Oxide Airborne Toxic Control Measure Sterilizers and Aerators:(CONT'D)

    F. Exemptions
    1. A person who owns or operates a facility which treats materials in a sterilizer and which uses a total of 4 pounds or less of ethylene oxide per calendar year is exempted from items 1), 2), 3), and 4) in subsection "E", Requirements. 
    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. 
    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. 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. 
  1. Source Testing. Source testing shall be conducted according to ARB Test Method 431, or as approved in writing by the ARB Executive Officer or the APCO. 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. 
Section 466:

Dioxins Airborne Toxic Control Measure For Medical Waste Incinerators;:

  1. Definitions. For purposes of this section, the following definitions shall apply: 
    1. "ARB Test Method 2" means the test method specified in Title 17, California Code of Regulations, Section 94102. 
    2. "ARB Test Method 428" means the test method specified in Title 17, California Code of Regulations, Section 94139. 
    3. "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. 
    4. "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. 
    5. "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. 
    6. "Waste" means all discarded putrescible and nonputrescible solid, semisolid, and liquid materials, including garbage, trash, refuse, paper, rubbish, food, ashes, plastics, industrial wastes, demolition and construction wastes, equipment, instruments, utensils, appliances, manure, and human or animal solid and semisolid wastes. 
  2. 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: 
      1. The dioxins emissions have been reduced by 99 percent or more of the uncontrolled emissions; or 
      2. 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 (APCO) to meet the following requirements: 
      1. 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 APCO that lower emissions are achieved at a higher outlet temperature; and 
      2. For a single chamber incinerator, the combustion chamber shall be maintained at no less than 1800 degrees (+/- 200 degrees) Fahrenheit; 
      3. 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; and 
      4. The furnace design shall provide a residence time for combustion gas of at least one second. Residence time shall be calculated using the following equation: Residence Time = V/Qc , and 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°F. Qc means the combustion gas flow through V, as expressed in actual cubic feet per second, which is determined with ARB Test Method 2. 
    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. (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 APCO; the hourly waste charging rates; and the opacity of stack emissions or other indicator of particulate matter which is approved by the APCO; (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. (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. 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 APCO. 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. The APCO 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 purposes of demonstrating compliance with this rule shall be provided to the ARB at the same time that it is provided to the Air Quality Management 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 APCO. 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. 
  3. 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 one initial source test at the incinerator stack as specified in subsection (B)(5). 
  4. 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 APCO 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. 
  5. This control measure shall not apply to those incinerators which are exclusively crematoria of human or animal remains. 
  6. Existing permitted facililties as of January 1, 1991 which choose an alternative technology for primary use, and will not incinerate more than ten tons per year may join efforts or continue singularly to utilize incineration but are subject to compliance requirements of this Section. Existing permits shall be modified upon request for continued stand-by use in the event of failure of any selected alternative equipment, and for the incineration of sharps if such wastes are refused at available land disposal facilities in Lake County once sterilized using alternative method(s). 
Section 467

Asbestos Emissions Control Measure:

Part I - General

The purpose of this Rule is to control emissions of asbestos to the atmosphere and provide appropriate waste handling and disposal procedures.

Part II - Definitions

"Active Waste Disposal Sites" means any disposal site or portion thereof which accepts asbestos containing waste material. 
 

"Adequately Wetted" means sufficiently mixed or penetrated with liquid to prevent the release of particles. If visible emissions are observed coming from asbestos containing material, then that material has not been adequately wetted; however, the absence of visible emissions is not sufficient evidence of being adequately wetted. Material that is removed in units or parts of units shall be wet at all the exposed surfaces. If broken up, the material shall be wetted at all the exposed fracture surfaces. 
 

"Asbestos Mill" means any plant engaged in the conversion or any intermediate step in the conversion of asbestos ore into commercial asbestos. Indoor and outdoor storage, handling, conveying and loading of asbestos materials is considered a part of such a plant. 
 

"Asbestos Containing Material" means any material which contains asbestos in an amount greater than 1% by weight, area, or count as determined by: the method specified in appendix A, subpart F, 40 CFR Part 763 Section 1, Polarized Light Microscopy; ARB Test Method 435, or other approved method. 
 

"Asbestos Containing Serpentine Material" means serpentine material that meets the Regulated Asbestos Containing Material (RACM) criteria of greater than one percent (1%) asbestos content as determined by ARB Test Method 435 or other approved method. 
 

"Asbestos Containing Waste Material" means any waste that contains or has been contaminated by commercial asbestos and is generated by a plant or operation subject to the provisions of this Rule, including but not limited to, asbestos mill tailings, control device asbestos waste, RACM demolition and renovation waste material, and bags or containers that previously contained commercial asbestos. 
 

"Category I Nonfriable Asbestos Containing Material" means asbestos containing packings, gaskets, resilient floor coverings, and asphalt roofing products. 
 

"Category II Nonfriable Asbestos Containing Material" means asbestos containing material, excluding Category I nonfriable asbestos containing material, that, when dry, and in its present form, cannot be crumbled, pulverized, or reduced to powder by hand pressure. 
 

"Commercial Asbestos" means any variety of asbestos which is produced by extracting asbestos from asbestos ore. 
 

"Completion Date" means the date on which containment is removed. 
 

"Containment" means the isolation of an asbestos removal area from the outside air by use of physical barriers, usually plastic sheeting. Such barriers shall include transparent viewing ports which allow observation, to the extent possible, of all stripping and removal of RACM from outside the barrier. 
 

"Conversion Operation" means a process by which asbestos material and/or asbestos containing waste material is converted to non asbestos (asbestos-free) material. 
 

"Cumulative Renovations" means a series of small (less than 100 linear, feet, 100 square feet, or 35 cubic feet) renovations or removals of RACM performed during a calendar year at a single plant or facility which, taken together, would add up to a reportable amount under the provisions of this Rule. 
 

"Control Device Asbestos Waste" means any asbestos containing waste material that is collected in an air pollution control device. 
 

"Demolition" means wrecking, intentional burning or dismantling of any element or all of a building including, but not limited to, any related cutting, disjointing, stripping, removal and handling operations of RACM. 
 

"Element" means any boiler, pipe, furnace, duct, tank, reactor, turbine, structural or non structural member. 
 

"Emergency Demolition" means a demolition carried out pursuant to an order of a state or local government agency issued because the building is structurally unsound and in danger of imminent collapse. 
 

"Emergency Renovation" means a renovation that is not planned but results from a sudden, unexpected event. This includes operations necessitated by equipment failures and unanticipated findings of RACM, or the conversion of previously nonfriable asbestos containing material to friable material during the course of a renovation. Renovations due to fire, water, or earthquake damage, or where an imminent danger to the public health may exist, are included. Renovations in public buildings, schools or owner occupied single family dwellings during or within ten days of the close of escrow may be included at the discretion of the APCO. 
 

"Fabricating" means any processing of a manufactured product containing commercial asbestos with the exception of processing at temporary sites for the construction or restoration of buildings, structures, plants or installations. 
 

"Friable Asbestos Containing Material" means any material that contains more than one percent (1%) asbestos as determined by the methods specified in Part III, F, (3), when dry, can be crumbled, pulverized or reduced to powder by hand pressure. 
 

"Glove Bag Technique" means a method of stripping or removing RACM in which the material is totally isolated inside a plastic bag and then manually removed using gloves which are an integral part of the bag. 
 

"HEPA Filter" means a high efficiency particulate air filter capable of filtering 0.3 micron particles with 99.97 percent efficiency as determined by ASTM Method D-2988-71. 
 

"Inactive Waste Disposal Site" means any disposal site or portion thereof, where additional asbestos containing waste material will not be deposited and where the surface is not disturbed by vehicular traffic. 

"Leak-Tight" means any method of containerization that prevents solids, liquids, or particles from escaping or spilling out. 
 

"Manufacturing" means the combining or processing of commercial asbestos, or materials containing commercial asbestos into a product. 
 

"Outside Air" means the air outside buildings and structures. 
 

"Owner or Operator of a Demolition or Renovation" means any person who owns, leases, operates, controls or supervises the stationary structure being demolished or renovated, or any person who owns, leases, operates, controls or supervises demolition or renovation, or both. 
 

"Particulate Asbestos Material" means the finely divided particles of asbestos material. 
 

"Planned Renovation" means a renovation, or a number of such operations, in which the amount of RACM that will be removed or stripped at an installation within a maximum time of one year can be predicted. Operations that are individually non-scheduled are included, provided a number of such operations can be predicted to occur during a given period of time based on operating experience. The minimum period of time shall be 30 days. 
 

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

"Regulated Asbestos Containing Material (RACM)" means friable asbestos containing material, or, Category I nonfriable asbestos containing material that has or will become friable, or, Category I nonfriable asbestos containing material that will be or has been subjected to sanding, drilling, grinding, cutting, or abrading, or, Category II nonfriable asbestos containing material that may become or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition, renovation or use. 

"Removing" means the taking out of RACM used on any element from any building, structure, plant or installation. 
 

"Renovation" means an operation other than demolition in which RACM is removed or stripped from any element of a building, structure, plant or installation. 
 

"Resilient Floor Covering" means asbestos containing material comprised of floor tile, including but not limited to asphalt or vinyl floor tile, linoleum, or sheet vinyl floor covering. 
 

"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. 
 

"Starting Date" means the date on which actual asbestos removal begins. 
 

"Stripping" means taking off RACM used on any pipe, duct, boiler, tank, reactor, turbine, furnace, structural member, or surface. 
 

"Waste Generator" means any owner or operator of a source subject to this rule whose act or process produces asbestos containing waste material. 
 

"Waste Shipment Record" means the shipping document required to be originated and signed by the waste generator, used to track and substantiate the disposition of asbestos containing waste material. 
 

Part III - Demolition, Renovation, and Removal

A. ADMINISTRATIVE REQUIREMENTS

  1. Reporting Demolition and Renovation: The person responsible for any existing source to which this Rule is applicable shall provide to the APCO a description of the emission control equipment used for each process and the following information: 
    1. For every demolition even where no RACM is present, and for each renovation operation where the amount of RACM is greater than or equal to 260 linear feet, 160 square feet or 35 cubic feet, a written plan or notification of intent to demolish or renovate shall be provided to the APCO at least 14 days prior to commencement of demolition or renovation, or as early as possible prior to commencement of emergency demolition or renovation. Such notification shall include the following information: 
      1. Indicate whether the notification is the original or a revision. 
      2. The name, address and telephone numbers of both the owner(s) of the structure and the operator of the demolition or renovation. 
      3. A description of the structure being renovated, including the size, number of floors, age of the oldest portion, and the present and prior use of the structure. 
      4. An estimate of the approximate amount of RACM to be removed from the structure or portion thereof, in terms of length of pipe in linear feet, surface area in square feet, or volume in cubic feet if the material is not attached to facility components. 
      5. An estimate of the approximate amount of Category I and Category II nonfriable asbestos containing material that will not be removed before demolition. 
      6. The procedures used, including the analytical laboratory method employed to locate and identify the presence of RACM and Category I and Category II nonfriable asbestos containing material. 
      7. The address and location (including building number or name and floor or room number, as applicable) of each structure where demolition or renovation will occur. 
      8. Accurate starting and completion dates of demolition or renovation. 
      9. A description of planned demolition or renovation and method(s) to be employed. 
      10. A description of work practice and engineering controls to be used including emission control procedures for asbestos removal and waste handling. 
      11. The name, address and location of the waste disposal site where the asbestos containing waste material will be deposited. 
      12. A copy of the order to demolish including the name, title, and authority of the state or local governmental representative who has ordered a demolition pursuant to Part III, B,1,(k). 
      13. Certification that at least one person trained as required by Part III, B, 1, (i), will supervise the asbestos removal described in this plan. 
      14. Description of the procedures to be followed in the event that unexpected RACM is found or Category I or II nonfriable asbestos containing material becomes friable. 
      15. Name, address and telephone number of the waste transporter. 
    The information described in this section shall be typewritten or computer printed in a format similar to that shown in 40 CFR Part 61, Figure 3 
    1. Schedule Changes and Updates: Any changes to any aspect of a notification submitted in accordance with Part III, A, 1, (a), must be reported to the APCO. These changes shall include, but are not limited to, changes in the notified starting or completion dates, changes of amounts of RACM to be removed, and changes of contractor or waste disposal site. It shall be the responsibility of the person making the initial notification of intent to remove asbestos to ensure that the APCO is notified of any such changes. A job which starts prior to the reported starting date or continues past the scheduled completion date as shown in the notification of intent to remove asbestos, shall constitute a failure to notify. 
    2. For active waste disposal operations, a brief description of each process that generates asbestos containing waste material; the average weight of asbestos containing waste material disposed of, measured in lbs/day; the emission control methods used in all stages of waste disposal; and the type of disposal site used for ultimate disposal, including the name of the site operator and the name and location of the disposal site. 
    3. For inactive waste disposal sites, a brief description of the site and the method or methods used to comply with the standard, or alternative procedures to be used. 
  2. Approval of Conversion Operation: To operate a conversion operation pursuant to Part III, C, 1, a, (3), the owner or operator shall apply for and receive an Authority to Construct permit prior to operation. The owner or operator shall provide the APCO with the following: 
    1. Descriptions of waste feed, handling and temporary storage, process operating conditions, handling and temporary storage of the end product and a description of the protocol to be followed when analyzing output materials by Transmission Electron Microscopy (TEM) as described in Part III, F, 4; a demonstration of the conversion process upon request of the APCO, and a protocol for the start-up performance test as described in Part III, E, 4 and F, 6. 
    2. A report for each analysis of product composite samples performed during the initial 90 days of operation. 
    3. A quarterly report, including the following information concerning activities during each consecutive three (3) month period: results of analyses of monthly product composite samples; a description of any deviation from the operating parameters, including its duration, and any corrective action taken: disposition of any products produced during a period when the operating parameters were outside the range indicative of asbestos-free; and information on waste disposal activities as required in Part III, C. 
  3. Excavating or Disturbing Asbestos Containing Waste: The owner or operator of a waste disposal site referenced in Part III, D, shall notify the APCO in writing at least 45 days prior to excavating or otherwise disturbing any asbestos containing waste material that has been deposited at a waste disposal site and is covered. If the excavation will begin on a date other than the one stated in the original notice, notice of the new start date shall be provided to the APCO at least 14 days before excavating begins. In no event shall excavation begin earlier than the date specified in the original notification. The notice shall include: scheduled starting and completion dates; reasons for disturbing the wastes; procedures to be used to control emissions during the excavation, storage, transport, and ultimate disposal of the excavated asbestos containing waste material; and location of any temporary storage site and the final disposal site. 
  4. Asbestos Milling, Manufacturing and Fabrication Facilities: Asbestos milling, manufacturing and fabrication facilities shall submit a written maintenance plan to the APCO. This plan shall include the following information: maintenance schedule; record keeping plan; and maintenance records of the results of visible emissions monitoring and air cleaning device inspections including the following: date and time of each inspection: presence or absence of visible emissions; condition of fabric filters, including presence of tears, holes and abrasions; presence of dust deposits on clean side of filter: brief description of corrective actions taken, including date and time; and daily hours of operation for each air cleaning device. On a quarterly basis, submit a copy of visible emissions monitoring records if visible emissions occurred during the reporting period. Quarterly reports shall be postmarked by the 30th day following the end of the calendar quarter. 

B. DEMOLITION, .RENOVATION AND REMOVAL

  1. Procedures: To prevent emissions from asbestos containing material, a person responsible for scheduled or emergency demolition, renovation, or removal of any building elements containing any amount of RACM shall use the procedures specified as follows: 
    1. Wetting Method: All exposed RACM shall be adequately wetted and kept wet during cutting, stripping, demolition, renovation, removal and handling operations both inside and outside of a building, unless otherwise provided in this Section. Wetting requirements are suspended when the temperature at the point of wetting is below 32°F in which case elements of RACM shall be removed in units or in sections to the maximum extent possible. The air temperature at the point of wetting shall be determined by an appropriate measurement method with an accuracy of +/-2°F and recorded hourly during the period that the operation of the wetting system is suspended. 
    2. Exhaust and Collection Method: In lieu of wetting, a local HEPA exhaust, ventilation, and collection system designed and operated to capture the emissions from RACM and prevent any visible emissions to the outside air may be used during 1) stripping of any element that has been removed as a unit or in sections; 2) to prevent emissions of particulate asbestos containing material to the outside air when damage to equipment resulting from wetting would be unavoidable; 3) shot blasting of mastic. Approval for dry removal of RACM must be received from the APCO. Requests for approval of dry removal must be in writing. 
    3. Scheduling: Except as otherwise provided in this rule, RACM shall be removed prior to other demolition or removal operations that would either break up or preclude access to the RACM for subsequent removal. 
    4. Removal In Units: Elements that have RACM may be removed in units or sections so long as the exposed RACM during cutting or disjointing is adequately wetted or encapsulated to prevent emissions of particulate asbestos material. Such sections if elevated shall be carefully lowered to ground level, where they are to be abated using the wetting method. 
    5. Removal By Chute or Container: All RACM not removed in units or sections shall be adequately wetted and kept wet, and transported to the ground in dust tight chutes or containers. 
    6. Containment Requirement: Any building, structure, room, facility or installation from which RACM is being stripped or removed, shall be isolated by physical barriers from the outside air. Such barriers shall include transparent viewing ports which allow observation, to the extent possible, of all stripping and removal of RACM from outside the barrier. The negative air pressure inside the isolated work area shall be maintained at a pressure differential relative to adjacent, non-isolated areas to the extent feasible. The negative air pressure ventilation equipment shall be operated continuously from the establishment of isolation barriers through final clean-up of the work area following stripping or removal of RACM. This section shall not apply to a removal done entirely by the glove bag method, a removal using a mini-enclosure designed and operated according to Appendix G to 29 CFR Section 1926.58, or a removal using any other engineering control technique approved by the APCO. The requirement to maintain negative air pressure shall not apply to outdoor pipe ways at industrial facilities, however these jobs shall be contained by plastic barriers to the extent feasible to prevent visible emissions of RACM. 
    7. Clean Work Site Requirement: All friable asbestos containing waste material related to a specific demolition, renovation or removal, including pre-existing debris, shall be handled in accordance with the provisions of Parts III and IV. 
    8. Surveys: Prior to commencement of any demolition or renovation, the owner or operator shall thoroughly survey the affected stationary structure or portion thereof for the presence of asbestos containing material, including Category I and Category II nonfriable asbestos containing material. The survey shall be performed by a person who is certified by the provisions of Occupational Safety and Health Act pursuant to regulations required by subdivision (b) of Section 9021.5 of the Labor Code, and who has taken and passed an EPA approved Building Inspector course and who conforms to the procedures outlined in the course. The survey shall include sampling and laboratory analysis of the asbestos content of all suspected asbestos containing materials. 
    9. On-Site Representative: No RACM shall be stripped or removed unless at least one on-site representative, such as a foreman or management level person or other authorized representative, certifies that he or she is familiar with the provisions of this rule as it pertains to demolition and renovation and the means of compliance therewith, and is present during all stripping and removing of RACM. The required training shall include: applicability of the regulation, notifications, procedures, material identification, and control procedures for removals, including: adequate wetting, local exhaust ventilation and HEPA filtration, negative pressure enclosures, glove-bag procedures, waste disposal work practices, and reporting and record keeping requirements. 
    10. RACM Discovered After Demolition: If RACM is not discovered until after demolition begins and as a result of the demolition cannot be safely removed, the asbestos contaminated debris shall be treated as asbestos containing waste material and kept adequately wet at all times until disposed of according to the provisions of Part III, C. 
    11. Ordered demolition: The owner or operator of any demolition of any building or other stationary structure pursuant to an order of an authorized representative of a state or local governmental agency, issued because that structure is structurally unsound and in danger of imminent collapse, shall comply with the wetting requirements of Part III, B, 1, (a), to the extent feasible during the wrecking operation. 
    12. Maintenance of Removed RACM - Waste Handling: All RACM that has been removed or stripped shall be kept adequately wetted at all times, stored in transparent leak-tight containers, labeled with the name of the waste generator and the location at which the waste was generated, and stored in a secured and locked area until collected for transport to a waste disposal site. 
  2. Prohibited Operations: The following operations are prohibited: 
    1. The spraying of any substance containing any amount of asbestos in or upon a building or other structure during its construction, alteration or repair. 

C. WASTE DISPOSAL

  1. To prevent emissions from asbestos containing material, a person responsible for the collection, processing, packaging, transporting, or disposition of any asbestos containing waste material which is generated by manufacturing, fabricating, scheduled or emergency demolition or renovation, spraying operations or asbestos mills, shall use the following specified procedures: 
    1. The person responsible for any demolition, renovation or removal of RACM, or for any source other than an asbestos mill may elect to use either of the following disposal methods or an alternative disposal method which has received prior approval by the APCO. 
      1. Treatment of Asbestos Containing Waste Material with Water: Control device asbestos waste shall be adequately wetted and kept wet. There shall be no visible emissions to the outside air from the collection, mixing and wetting operations, except as permitted in Part IV, B, 1. After wetting, and while still wet, all asbestos containing waste material shall be sealed into leaktight containers prior to being removed from containment as specified in Part III, B, 1, (l). Such containers shall remain leaktight and be deposited at waste disposal sites which are operated in accordance with the provisions of Part III, D. The containers shall be labeled with the name of the waste generator and the location (address) from which the waste was generated. Containers shall also include an OSHA Approved asbestos warning label. 
      2. Processing of Asbestos Containing Waste Material into Nonfriable Forms: All asbestos containing waste material shall be formed into nonfriable pellets or other shapes and deposited at waste disposal sites which are operated in accordance with this regulation. There shall be no visible emissions to the outside air from this collection and processing of asbestos containing waste material except as permitted in Part IV, B, 1. For the purposes of this section, the term "all asbestos containing waste material" as applied to demolition and renovation operations includes only friable asbestos waste and control device asbestos waste. 
      3. Conversion of RACM and Asbestos Containing Waste Material into Non Asbestos (asbestos-free) Material: Each owner or operator of a conversion operation shall comply with Part III, E, 4 and Part III, F, 6. 
    2. Rather than meet the requirements of Part III, B, the person responsible for an asbestos mill may elect to meet the following requirements or use an alternative disposal method after receiving prior written approval by the APCO. 
      1. There shall be no visible emissions to the outside air from the transfer of control-device asbestos waste to the tailings conveyor, except as permitted in Part IV, B, 1. Such waste shall be subsequently processed in accordance with this regulation . 
      2. All asbestos containing waste material shall be adequately mixed with a wetting agent prior to disposition at a waste disposal site. Such wetting agent shall be used as recommended for the particular dust by the manufacturer of the agent. There shall be no visible emissions to the outside air from the wetting operation except as permitted in Part III, B, 1. (a). Wetting may be suspended when the ambient air temperature at the waste disposal site is less than 15°F. The ambient air temperature shall be determined by an appropriate measurement method with an accuracy of +/-2°F and recorded hourly during the period that the operation of the wetting system is suspended. 
    3. All asbestos containing waste material shall be deposited at waste disposal sites operated in accordance with this Rule. 
    4. For demolition's where the RACM is not removed prior to demolition pursuant to Part III, B, 1, (k), the asbestos containing waste material shall be kept adequately wetted at all times after demolition, during handling and loading and shall be sealed in leak-tight containers for transport to a disposal site.	 
    5. All vehicles used to transport asbestos containing waste material shall be placard as specified in 29 CFR 1910.145 and this section during the loading, unloading and transportation of waste. The signs shall be visible and shall be displayed in such a manner that a person can easily read the legend: 
       

      DANGER

      ASBESTOS DUST HAZARD

      CANCER AND LUNG DISEASE HAZARD

      AUTHORIZED PERSONNEL ONLY

    6. All asbestos containing waste material transported off the facility site shall meet all of the following requirements: 
  1. Maintain a waste shipment record as specified in Part III, E, 2. 
  2. Provide a Copy of the waste shipment record specified in Part III, E, 2, to the disposal site owner or operator at the same time the asbestos containing waste material is delivered to the disposal site. 
  3. Contact the transporter and/or the owner or operator of the disposal site to determine the status of the waste shipment. If the waste shipment record specified in Part III, E, 2, signed by the owner or operator of the designated disposal site is not received by the waste generator within 35 days of the date the waste was accepted by the initial transporter. 
  4. Provide a written report to the APCO if a copy of the waste shipment record referenced in Part III, E, 2, signed by the owner or operator of the disposal site if not received by the waste generator within 45 days of the date the waste was accepted by the initial transporter. The following information shall by included: a copy of the waste shipment record specified in Part III, E, 2, for which a confirmation of delivery was not received, and a letter signed by the waste generator explaining the efforts taken to locate the asbestos waste shipment and the results of those efforts. 

D. WASTE DISPOSAL SITES

  1. There shall be no visible emissions to the outside air from a waste disposal site where asbestos containing waste material is being or has been deposited. 
  2. Warning signs shall be displayed at all entrances, and along the property line of the site or along the perimeter of the sections of the site, at intervals of 300 feet or less where asbestos containing waste material was deposited. Warning signs and fencing are not required where the requirements of Part III, D, 4, (a) and (b), are met, or where a natural barrier adequately deters access by the general public. Upon request and supply of appropriate information, the APCO will determine whether a fence or a natural barrier adequately deters access to the general public. 
  3. The perimeter of the site shall be fenced in a manner adequate to deter access by the general public, except as specified in Part III, D, 2. 
  4. Rather than meet the requirements of Part III, D, 1 and 2, a person may elect to meet the following requirements or may use an alternative control method for emissions from a waste disposal site which has received prior approval by the APCO. 
    1. For an inactive site, the asbestos containing waste material shall be covered with at least 6 inches of compacted non asbestos containing material and a cover of vegetation shall be grown and maintained on the area adequate to prevent exposure of the asbestos containing waste material; or the asbestos containing waste material shall be covered with at least 2 feet of compacted non asbestos containing material and maintained to prevent exposure of the asbestos containing waste. 
    2. For inactive waste disposal sites for asbestos tailings, a resinous or petroleum-based dust suppression agent which effectively binds dust and controls wind erosion shall be applied and maintained. Such agent shall be used as recommended for the particular asbestos tailings by the dust suppression agent manufacturer. Other equally effective dust suppression agents may be used upon prior approval by the APCO. For purposes of this section waste crankcase oil is not considered a dust suppression agent. 
    3. For an active waste disposal site, at the end of each operating day, or at least once every 24-hour period while the site is in continuous operation, the asbestos containing waste material which was deposited at the site during the operating day or previous 24-hour period shall be covered with at least 6 inches of compacted non asbestos containing material or with a resinous or petroleum based dust suppression agent which effectively binds dust and controls wind erosion. Such dust suppression agent shall be used as recommended for the particular dust by the dust suppression agent manufacturer. Other equally effective dust suppression agents may be used upon prior approval by the APCO. For purposes of this section, waste crankcase oil is not considered a dust suppression agent. 
  5. For an active waste disposal site the owner or operator shall: 
    1. Maintain waste shipment records as specified in Part III, E, for all asbestos containing waste material received; 
    2. Send a copy of the signed waste shipment record to the waste generator as soon as possible and in no case longer than 30 days after the receipt of the waste; 
    3. Upon discovering a discrepancy between the quantity of asbestos- containing waste material noted in the waste shipment records and the quantity actually received, attempt to reconcile the discrepancy with the waste generator. If the discrepancy is not resolved within 15 days after receiving the waste, immediately report in writing to the APCO, describe the discrepancy and attempts to resolve it, and include a copy of the waste shipment record. 

E. MONITORING AND RECORDS

  1. Temperature Records: Records of temperature measurements as required by Part III, B, 1, (a) and Part III, C, 1, (b), (2), shall be retained by the operator for a minimum of two (2) years and made available for inspections by the APCO. 
  2. Waste Shipment Records: Waste shipment records as required by Part III, C, 1, (f), shall include the following information: 
    1. The name, address, and telephone number of the waste generator. 
    2. The name and address of the local Air Quality Management District in which the waste was generated. 
    3. The approximate amount of waste in cubic yards. 
    4. The name and telephone number of the disposal site operator. 
    5. The name and physical location of the disposal site. 
    6. The name, address, and telephone number of the transporter(s). 
    7. A certification that the contents of this consignment are fully and accurately described by proper shipping name and are classified, packed, marked, and labeled, and are in all respects in proper condition for transport by highway. Records shall be retained by the waste generator for a minimum of two (2) years and made available for inspection by the APCO. 
  3. Active Waste Disposal Site Records: 
    1. Waste shipment Records: Waste shipment records as required by Part III, D, 5, shall include the following information: 
      1. The name, address and telephone number of the waste generator. 
      2. The name, address and telephone number of the transporter(s). 
      3. The quantity of the asbestos containing waste material in cubic yards. 
      4. The presence of improperly enclosed or uncovered waste, or any asbestos containing waste material not sealed in leak tight containers. If this condition exists, report in writing to the APCO by the following working day. Submit a copy of the waste shipment records along with the report. 
      5. The date of receipt. Records shall be retained by the waste disposal site operator for a minimum of two (2) years and made available for inspection by the APCO. 
    2. Asbestos Waste Location Records: Maintain, until closure, records of the location, depth and area, and the quantity in cubic yards of asbestos containing waste material within the disposal site on a map or diagram of the disposal area. Upon closure of the facility, submit a copy of records of asbestos waste disposal locations and quantities to the appropriate Local Enforcement Agency. 
  4. Conversion Operation: The owner or operator of a conversion operation shall maintain the following records: results of the start-up performance testing and all subsequent performance testing, including operating parameters, feed characteristics and analyses of output materials; results of the composite analyses, continuous monitoring and loss of process operating parameters required in Part III, F, 6; the waste shipment records including the information required in Part III, E, 3 for all asbestos containing waste received; and the name and location of the purchaser or disposal site and the date of sale or deposit for output materials. 
  5. A person subject to this rule shall maintain records for two (2) years and make the records available for inspection by the APCO upon request. 

F. MANUAL OF PROCEDURES

  1. Waste Disposal Warning Labels: Warning labels required by Part III, C, 1, (a), (1), must be as specified in the Manual of Procedures or by the Occupational Safety and Health Administration. 
  2. Warning Signs for Waste Disposal Sites: Warning signs required by Part III, D, 2, must be as specified in the Manual of Procedures. 
  3. Bulk Sampling Analysis: Asbestos bulk samples shall be analyzed using ARB Test Method 435 or other approved method. 
  4. Asbestos : When so indicated, asbestos content shall be determined using the National Institute of Standards and Technology (NIST) approved Transmission Electron Microscopy (TEM) method. 
  5. Fabric Filters: The airflow permeability of fabric filters shall be as specified by ASTM Method pages 737-769. 
  6. Conversion Facility Performance Test: Prior to start up of an asbestos conversion facility subject to Part III, A, 2 and Part III, E, 4, an owner or operator must conduct a start-up performance test as specified in 40 CFR Part 61.155(b). Operations tests shall be performed as specified in 40 CFR Part 61.155(c) and (d). 

G. EXEMPTIONS

  1. This rule shall not apply to residential buildings which have four (4) or fewer dwelling units. 
  2. This rule shall not apply to maintenance or decontamination procedures where no removal takes place. 
  3. Those operations that primarily install asbestos friction products in motor vehicles are exempt from the requirements of Part III, B. 
  4. Cold process cutback asphalt roof coatings and exterior and interior coatings and laminating resins containing encapsulated asbestos fibers bound within the finished product from manufacture through application are exempt from the limitations of Part III, B. 
  5. Maintenance and decontamination operations where no RACM is being removed are exempt from the provisions of Part III, B. 

Part IV - Manufacturing

A. PROHIBITED OPERATIONS

Molded insulating materials which are friable, and wet-applied insulating materials which are friable after drying, installed after the effective date of this regulation, shall contain no asbestos.

B. VISIBLE EMISSIONS

  1. There shall be no visible emissions to the outside air from any asbestos mill or from any operation involving the manufacture or fabrication of any product containing asbestos. 
    1. Rather than meet the no visible emission requirements as specified, a person may elect to use air-cleaning to clean emissions containing particulate asbestos material before such emissions escape to, or are vented to, the outside air. Each owner or operator must meet the following requirements: 
      1. Monitor each potential source of asbestos emissions from any part of the mill, manufacturing, or fabricating facility including air cleaning devices, process equipment and buildings that house equipment for material processing and handling, at least once each day, during daylight hours, for visible emissions to the outside air during periods of operation. The monitoring shall be visual observation of at least 15 second duration per source of emissions utilizing EPA Method 9. 
      2. Inspect each air cleaning device at least once each week for proper operation and maintenance, including, to the maximum extent possible without dismantling other than opening the device, the presence of tears, holes, and abrasions in filter bags and for dust deposits on the clean side of bags. For air cleaning devices that cannot be inspected weekly, submit a written maintenance plan to the APCO. If the use of fabric filters creates a fire or explosion hazard, the APCO may authorize the use of wet collectors designed to operate with a unit contacting energy of at least 40 inches water gauge pressure. All air cleaning equipment authorized by this rule must be properly permitted, installed, used, operated and maintained. By-pass devices may be used only during emergency conditions and then only for so long as it takes to shut down the operation generating the particulate asbestos material. 


Part V - Roadways and Surfacing Standards

A. PROHIBITED OPERATIONS

The surfacing of roadways with asbestos containing materials, asbestos containing wastes or serpentine which contains more than one percent (1%) asbestos is prohibited, except as allowed under Part V, D. The depositing of asbestos containing materials on roadways covered with snow or ice is considered "surfacing".

B. REQUIREMENTS FOR USE OR SALE OF ASBESTOS CONTAINING SERPENTINE MATERIALS

  1. All facilities which sell, supplies, or offers for sale serpentine material shall apply for and maintain a District Permit. 
  2. Any person who sells, supplies, or offers for sale serpentine material within the District, shall provide with each sale or supply a written warning notice containing the following statement: "Serpentine material may have an asbestos content greater than one percent (1%). Asbestos when inhaled is designated a cancer causing agent. It is unlawful to use serpentine material for surfacing unless the material has been tested and found to contain less than or equal to one percent (1%) asbestos. All tests for asbestos content must use California Air Resources Board Test method 435, and a written record documenting the test result(s) 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 within the District unless the serpentine material has been tested using ARB Test Method 435 or other approved method, and determined to have an asbestos content of one percent (1%) 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 one percent (1%) 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; the dates that the serpentine material was produced, sampled, tested, and supplied or sold; and the asbestos content of the serpentine material as measured by ARB Test Method 435, or other approved method. A copy of the receipt must, at all times, remain with the serpentine material during transit and surfacing. 
  4. No person shall use or apply serpentine material for surfacing within the District unless the material has an asbestos content of one percent (1%) or less as determined by ARB Test Method 435 or other approved method. A written receipt or other record documenting the asbestos content shall be retained by any person who uses or applies serpentine material, and the landowner or their successor of the parcel receiving the application or surfacing, for a period of at least seven (7) years from the date of use or application. The receipt or other record shall be provided to the District upon request. 
  5. Any person who sells, supplies, or offers for sale serpentine material, shall retain for a period of at least seven (7) 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 District for review upon request. 
  6. Asbestos Containing Serpentine Material shall be transported and handled in a manner so as not to create visible emissions. All serpentine loads transported more than one (1) mile shall be covered or tarped to minimize fugitive dust unless specific alternatives have been identified in an approved dust abatement plan. 
  7. 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. 
  8. Any unpaved road, parking lot or recreational trail intended for motorized vehicle use which is open to the public shall be evaluated by the responsible agency or property owner and an asbestos-dust-hazard mitigation plan filed if they are: 1) located on serpentine outcrops, serpentine alluvial material, or surfaced with serpentine aggregate which is greater than or equal to 260 linear feet or 160 square feet of the regularly traveled wearing surface and contains more than one percent (1%) asbestos; and 2) located in areas having residential, industrial or commercial zoning, or areas having a dwelling density of greater than two units per acre, or areas which are regularly inhabited by five or more persons within a 200 foot distance of the road, trail or parking lot. Said plan shall be filed with the District within six months of notification by the District or discovery by the owner or responsible agency of such an existing road, parking lot or recreational trail and shall include the following: 1) proposed mitigation to limit public exposure, or reasons no such mitigation is necessary; 2) intended dates of action; 3) provide for posting of warning signs clearly visible to the affected public which advise of the potential exposure to airborne asbestos and steps that can be taken to lessen exposure, at minimum signs shall incorporate the warning of Part III, C, 1, (e); and 4) the name and phone number of a responsible contact person for public inquiry. The responsible party shall implement and retain a copy of the filed plan until such time as the potential exposure is removed. The District shall retain the right to reject the plan and request updates if the plan does not substantially limit public exposure to airborne asbestos. Failure to implement mitigation identified in the plan shall be considered a violation of these rules and regulations. 
  9. All forest roads, recreational trails, commercial, and industrial operations which are regularly utilized and located on a serpentine outcrop or alluvial material from an outcrop which contains greater than one percent (1%) asbestos, and have serpentine wearing surfaces greater than or equal to 260 linear feet or 160 square feet, shall upon request of the District, file and implement an approved asbestos-dust-hazard mitigation plan. The plan shall address and include mitigation for: roads, yards, driveways, parking areas, and tracking material onto adjacent roadways. All facility employees shall be informed of the potential health risk of airborne asbestos, and the requirements of the dust abatement plan by the owner of the facility. 
  10. All construction projects located on a serpentine outcrop or alluvial material from an outcrop which contains greater than one percent (1%) asbestos having the potential to create a wearing surface, shall notify the District of intended operations 30 days prior to construction activity. A representative from each project shall file and receive approval of a asbestos-dust-hazard mitigation plan prior to any construction activity at the site. The plan shall address and include mitigation for: excavation, roads, yards, driveways, parking areas, hauling and tracking of material onto adjacent roadways. All material shall be transported in a manner minimizing dust emissions. In no instance shall the dust from such operations exceed five percent (5%) opacity twenty (20) feet from the traveled surface. Employees working on such projects shall be informed of the potential health risk of airborne asbestos, and the requirements of the asbestos-dust-hazard mitigation plan by the owner of the project. 
  11. The District shall maintain a list of asbestos-dust-hazard mitigation measures available to the public 

C. SCHEDULE OF COMPLIANCE

Provisions of PART V shall become effective in 30 days, except for provisions of Part V, B, 8 through 10 which shall become effective 180 days after the date of rule adoption.

D. EXEMPTIONS

  1. The provisions of PART V, B, 1 through 5, shall not apply to sand and gravel operations. 
  2. The provisions of Part V, B, 4, shall not apply to roads located at serpentine quarries, asbestos mines, or mines located in serpentine deposits. 
  3. The provisions of Part V, B, 4, shall not apply to maintenance operations on existing road surfaces, or to the construction of new roads in serpentine deposits, as long as no additional asbestos containing serpentine material is imported or applied to the road surface. 
  4. The provisions of Part V, B, 10, shall not apply to projects which have a planning agency use permit incorporating conditions addressing serpentine or asbestos containing serpentine materials, which have been approved by the District. 
  5. The APCO may issue a temporary exemption from the requirements of Part V, B, 4, to an applicant who demonstrates that a road repair is necessary due to a landslide, flood, or other emergency. The APCO shall specify the time during which such exemption shall be effective. 
  6. The provisions of Part V, B shall not apply to serpentine material contained in bituminous concrete, Portland cement /concrete, bituminous surface, or other similar cemented materials. 
  7. The provisions of Part V, B, 4, shall not apply to single unit residential property, or agricultural land when engaged in customary practices of use, provided that no additional serpentine material is imported to the single unit residential property or agricultural land for the purposes of surfacing parking lots or driveways and no visible dust is generated. 
Section 468:

Perchloroethylene Air Toxics Control Measure - Dry Cleaning Operations

  1. Applicability. Any person who owns or operates perchloroethylene dry cleaning equipment shall comply with Section 468.
  2. Permits. The owner/operator of an existing dry cleaning facility shall apply for a District permit in writing:
    1. Within 60 days of rule adoption
    2. Facilities which have applied for or currently have valid District permits, are exempt from (b)(1).
  3. Recordkeeping. The owner/operator shall maintain the following records which shall be accessible to the District at the facility at all times.
    1. A log showing the date and the pounds of materials cleaned per load.
    2. Purchase and delivery receipts for perchloroethylene.
    3. The completed leak inspection checklists required by subsection (e)(2) and the operation and maintenance checklists required by subsection (e)(1)(A).
    4. The manufacturer's operating manual for all components of the dry cleaning system.
    5. A copy of the record of completion for each trained operator.
  4. Annual Reporting. By October 31st of each year, the owner/operator shall report the following information:
    1. The total of the pounds of materials cleaned and the gallons of perchloroethylene used for all solvent additions in the reporting period.
  5. Good Operating Practices. The owner/operator shall not operate dry cleaning equipment after rule adoption, unless all of the following requirements are met:
    1. Operation and maintenance requirements. The trained operator, or his/her designee, shall operate and maintain all components of the dry cleaning system in accordance with the requirements of this section and the conditions specified in the facility's operating permit. For operations not specifically addressed, the components shall be operated and maintained in accordance with the manufacturer's recommendations.
      1. The district shall provide an operation and maintenance checklist to the facility. Each operation and maintenance function and the date performed shall be recorded on the checklist. The operation and maintenance checklist provided by the district shall include the following requirements:
        1. Refrigerated condensers shall be operated to ensure that exhaust gases are recirculated until the air-vapor stream temperature on the outlet side of the refrigerated condenser downstream of any bypass, is less than or equal to 45°F (7.2°C), with at least a 20°F (11.1°C) efficiency.
        2. Vapor adsorbers used as a secondary control system shall be operated to ensure that exhaust gases are recirculated at the temperature specified by the district, based on the manufacturer's recommendations for optimum adsorption. These vapor adsorbers shall be desorbed according to the conditions specified by the district in the facility's operating permit, including a requirement that no perchloroethylene vapors shall be routed to the atmosphere during routine operation or desorption.
        3. Cartridge filters and adsorptive cartridge filters shall be handled using one of the following methods.
          1. Drained in the filter housing, before disposal, for no less than: 24 hours for cartridge filters and 48 hours for adsorptive cartridge filters. If the filters are then transferred to a separate device to further reduce the volume of perchloroethylene, this treatment shall be done in a system that routes any vapor to a primary control system, with no exhaust to the atmosphere or workroom.
          2. Dried, stripped, sparged, or otherwise treated, within the sealed filter housing, to reduce the volume of perchloroethylene contained in the filter.
        4. Button and lint traps shall be cleaned each working day and the lint placed in a tightly sealed container.
        5. All parts of the dry cleaning system where perchloroethylene may be exposed to the atmosphere or workroom shall be kept closed at all times except when access is required for proper operation and maintenance.
        6. Waste water evaporators shall be operated to ensure that no liquid perchloroethylene or visible emulsion is allowed to vaporize.
    2. Leak check and repair requirements. The trained operator, or her/his designee, shall inspect the dry cleaning system for liquid leaks and vapor leaks. The district shall provide a leak inspection checklist to the facility. The trained operator, or her/his designee, shall record the status of each component on copies of the checklist.
      1. The dry cleaning system shall be inspected at least once per week for liquid leaks and for vapor leaks, using one of the following techniques:
        1. A halogenated-hydrocarbon detector.
        2. A portable gas analyzer or an alternative method approved by the APCO.
      2. Any leak that has been detected by the operator shall be noted on the checklist and repaired immediately, and operations ceased if health hazard or nuisance results.
      3. Any leak detected by the district shall constitute a violation of this section.
    3. Environmental training requirements. The facility shall have at least one trained operator within 180 days of rule adoption.
      1. A trained operator shall be the owner, the operator, or another employee of the facility, who successfully completes the initial course of an environmental training program approved by the APCO, to become a trained operator. Evidence of successful completion of the initial course shall be the original record of completion issued pursuant to 17 CCR, Section 93110. Except for the provisions of subsection (e)(3)(C)2., one person cannot serve as the trained operator for two or more facilities simultaneously.
      2. Each trained operator shall successfully complete the refresher course of an environmental training program approved by the APCO, at least once every three years. Evidence of successful completion of each refresher course shall be the date of the course and the instructor's signature on the original record of completion.
      3. If the facility has only one trained operator and the trained operator leaves the employ of the facility, the facility shall:
        1. Notify the district in writing within 30 days of the departure of the trained operator.
        2. Obtain certification for a replacement trained operator within 3 months, except that a trained operator who owns or manages multiple facilities may serve as the interim trained operator at two of those facilities simultaneously for a maximum period of 4 months, by which time each facility must have its own trained operator.
        3. If the district determines that the initial course of an environmental training program is not reasonably available, the district may extend the certification period for a replacement trained operator until 1 month after the course is reasonably available.
  6. Equipment. The owner/operator shall not operate dry cleaning equipment after rule adoption, unless the following requirements are met:
    1. Prohibited Equipment. The owner/operator shall not operate any of the following types of dry cleaning equipment.
      1. A transfer machine, including any reclaimer or other device in which materials that have been previously dry cleaned with perchloroethylene are placed to dry.
      2. A vented machine.
      3. A self-service dry cleaning machine.
    2. Required Equipment. The owner/operator of each new or existing facility shall meet the applicable requirements as follows:
      1. For an existing facility:
        1. A closed loop machine with a primary control system consisting of a refrigerated condenser.
        2. A converted closed loop machine with a primary control system consisting of a refrigerated condenser.
      2. A new facility shall install, operate, and maintain the required equipment as follows:
        1. A closed loop machine with a primary control system consisting of a refrigerated condenser with a secondary control system.
    3. Specifications for Required Equipment. Required equipment shall meet the following specifications:
      1. A primary control system shall:
        1. Operate during both the heated and cool-down phases of the drying cycle to reduce the mass of perchloroethylene in the recirculating air stream.
        2. Not exhaust to the atmosphere or workroom.
        3. Not require the addition of any form of water to the primary control system that results in physical contact between the water and perchloroethylene.
        4. Be capable of achieving and maintaining for 3 minutes, an outlet vapor temperature, downstream of any bypass, of less than or equal to 45°F (7.2°C) within 10 minutes of initiation of cool-down, with at least a 20°F (11.1°C) efficiency.
        5. Have a graduated thermometer with a minimum range from 32°F to 120°F (+/-2°F), which measures the temperature of the inlet vapor stream and outlet vapor stream downstream of any bypass of the condenser, and is easily visible to the operator.
      2. A secondary control system shall:
        1. Be designed to function with a primary control system or be designed to function as a combined primary control system and secondary control system that meets all of the applicable requirements of this section.
        2. Not exhaust to the atmosphere or workroom.
        3. Not require the addition of any form of water to the secondary control system that results in physical contact between the water and perchloroethylene.
        4. Use a technology that has been demonstrated to achieve a perchloroethylene concentration in the drum of 300 ppmv or less.
        5. Have a holding capacity equal to or greater than 200 percent of the maximum quantity of perchloroethylene vapor expected in the drum prior to activation of the system  
  7. Water-repelling and Dip Tank Operations. No person shall perform water-repelling or dip tank operations unless all of the following requirements are met:
    1. All materials to be treated with perchloroethylene water-repelling solutions shall be treated in a closed-loop machine, a converted machine, or a dip tank.
    2. For dip tank operations:
      1. (A) The dip tank shall be fitted with a cover that prevents the escape of perchloroethylene vapors from the tank and shall remain covered at all times, except when materials are placed in and removed from the dip tank or while the basket is moved into position for draining.
      2. (B) After immersion, the materials shall be drained within the covered dip tank until dripping ceases.
      3. (C) All materials removed from a dip tank shall be immediately placed into a closed-loop machine or a converted machine for drying and not removed from the machine until the materials are dry.
  8.  Compliance. A facility shall comply with all provisions of this section as follows:
    1. Within 30 days of rule adoption.
    2. For compliance with subsection (e)(3) "Environmental Training Requirements", an alternative date of compliance shall apply if the district determines that the initial course of an environmental training program for perchloroethylene dry cleaning operations is not reasonably available.
      1. If the initial course is not reasonably available within 12 months of the effective date of this control measure in the district, the alternative date of compliance for subsection (e)(3) only shall be 6 months from the date the district determines that the initial course is reasonably available.
Section 469:

Air Toxics Control Measure for Emissions of Toxic Metals from Non-Ferrous Metal Melting

  1. Requirements. No person shall operate a non-ferrous metal melting furnace unless the facility is in compliance with all the requirements specified in subsections (a)(1) through (a)(3).
    1. Emission Collection System
      1. All emission points shall be equipped with an emission collection system designed and operated according to criteria specified in section 240.5 (7). The design criteria and operating parameters shall be specified as conditions of the authority to construct and the permit to operate granted by the district to the source for the equipment.
      2. Good operating practices shall be used by the facility, and demonstrated through a maintenance plan or procedures approved by the district, to maintain air movement and emission collection efficiency by the system consistent with the design criteria for the system. The maintenance plan shall specify at a minimum the following:
        1. Maximum allowable variation from designed values of operating parameters, such as air velocity in the hood and ducts and pressure drop across the control device.
        2. Areas to be visually inspected, such as the clean side of the baghouse and ducts operating under positive pressure, and the required frequency of such inspections.
        3. Methods of documenting compliance with these requirements such as a log of such inspections and records of observations and measurements.
    2. Process Emission Control. The gas stream from the emission collection system required by subsection (a)(1) shall be ducted to a particulate matter control device meeting the requirements of this section.
      1. The particulate matter control device shall reduce particulate matter emissions by 99 percent or more.
      2. The temperature of the gas stream entering any particulate matter control device that is part of an emission collection system shall not exceed 360 degrees F. A device to be used for making this measurement shall be maintained at the facility and shall be made available to a district representative upon his or her request.
      3. The owner or operator of the facility shall demonstrate compliance with subsection (a)(2)(A), by conducting an initial source test to verify the 99 percent reduction in particulate matter as determined by means of an emissions test conducted in accordance with ARB Test Method 5. The district Air Pollution Control Officer or Executive Officer may require additional source testing to verify continued compliance, or when the process is changed. Particulate matter reduction shall be calculated using the following equation:


          where:
          Mass in = Mass of particulate matter at the inlet to the control device
          Mass out = Mass of particulate matter at the outlet of the control device
          Mass = Sum of filter catch, probe catch, impinger catch, and solvent extract.
      4. Testing Access. The owner or operator of any facility subject to subsection (a)(2) of this regulation shall provide access and sampling ports sufficient to perform testing in accordance with ARB Test Method 5. Ducts and stacks shall have sampling ports so placed as to satisfy minimum requirements for Method 5 testing with regard to flow disturbances, or acceptable alternative requirements as approved by the APCO.
    3. Fugitive Emission Control
      1. No activity associated with metal melting at a facility including furnace operation, casting, emission control system operation, and the storage, handling, or transfer of any materials (except new sand), shall discharge into the air any air contaminant, other than uncombined water vapor, for a period aggregating more than three minutes in any hour which is:
        1. (i) Half as dark or darker in shade as that designated as Number 1 on the Ringelmann Chart, as published by the United States Bureau of Mines, or
        2. (ii) Of such opacity as to obscure an observer's view to a degree equal to or greater than smoke as described in subsection (a)(3)(A)(i) or 10% opacity.
      2. Dust-forming material including, but not limited to, dross, ash, or feed material shall be stored in an enclosed storage area or stored in a manner which meets the requirements of subsection (a)(3)(A).
      3. Material collected by a particulate matter control system shall be discharged into closed containers or an enclosed system that is completely sealed to prevent any dust from getting out.
      4. Surfaces that are subject to vehicular or foot traffic shall be vacuumed, wet mopped, or otherwise maintained in accordance with a district-approved maintenance plan. The plan shall specify, at a minimum: the areas to be cleaned, the method to be used, the required frequency of the cleaning activities, and a method of documenting the completion of the required activities. The plan shall be designed and carried out in a way which will meet the requirements of subsection (a)(3)(A).
  2. Exemptions
    1. Small Quantity Exemptions. Facilities are exempt from subsections (a)(1), (a)(2), and (a)(3) if they meet either of the following conditions:
      1. melt a total of no more than one ton per year of all metals, or
      2. melt no more than the listed quantities of any one of the specific metals listed in Table I.

        TABLE I

        METAL (tons/year) EXEMPTION LIMIT
        Pure Lead

        400

        Hard Lead

        200

        Aluminum Scrap

        125

        Aluminum Ingot containing more than 0.004 percent cadmium or 0.02 percent arsenic

        125

        Solder

        100

        Zinc Scrap

        30

        Copper or copper-based alloys (except scrap) containing more than 0.004 percent cadmium or 0.002 percent arsenic

        30

        Type Metal (lead for linotype machines)

        25

        1. For facilities melting more than one of the metals listed in Table I, eligibility for exemption shall be determined using the following calculation:

          For each metal listed in table I, divide the quantity melted by the specific exemption limit listed.
          Sum the resulting fractions for all the metals.
          If the sum does not exceed 1.0, the facility qualifies for exemption under subsection (b)(1).


    2. Metal or Alloy Purity Exemption. Facilities or furnaces which do not melt scrap, except clean aluminum scrap, and which melt a metal or alloy (other than the metals listed in Table I) which is shown by the facility operator to have a content of no more than 0.004 percent of cadmium and no more than 0.002 percent of arsenic, are exempt from subsections (a)(1), (a)(2), and (a)(3). A facility granted an exemption under subsection (b)(1)(B) may also be granted exemption for all metals that meet the purity limits in this subsection.
    3. Clean Aluminum Scrap Exemption. Furnaces used exclusively to process clean aluminum scrap or a mixture of clean aluminum scrap and aluminum ingot to produce extrusion billet are exempt from subsections (a)(1) and (a)(2).
    4. Exemption for Aluminum Furnaces. The combustion chamber in a reverberatory furnace is exempt from the requirements of subsections (a)(1) and (a)(2) if the furnace meets both of the following conditions:
      1. The furnace is used solely to produce aluminum and aluminum-based alloys, and
      2. The furnace is constructed with a charging well or similar device in which feed is added to molten metal in a separate chamber.
    5. Aluminum Pouring Exemption. Ladles, launders or other equipment used to convey aluminum from a melting or holding furnace to casting equipment is exempt from the requirements of subsections (a)(1) and (a)(2).
  3. Compliance Schedule
    1. Application for exemption from control requirements. Facilities seeking exemption under subsections (b)(1) or (b)(2) or (b)(3) shall apply and submit evidence of eligibility for exemption to the district no later than six months after the district adopts regulations enacting this control measure.
    2. Emission control requirements. Facilities subject to this section shall apply to the district for an authority to construct the emission collection system and the air pollution control equipment necessary to comply with subsection (a) no later than 12 months after the district adopts the regulations enacting this control measure. These facilities shall be in compliance no later than 24 months after the district adopts the regulations enacting this control measure.
  4. Recordkeeping
    1. Facilities subject to subsection (a) shall maintain on site for a period of two years, and make available to a district representative upon request, a record of:
      1. The results of any source testing required by the district to demonstrate that the particulate matter control device(s) are operating as required by subsection (a)(2)(A).
    2. Facilities seeking exemption under subsections (b)(1) or (b)(2) or (b)(3) shall maintain for two years a record of the amount and type of metal processed in those furnaces including results of analyses as required to support exemption under subsection (b)(2). These records shall be made available to a representative of the district upon request.
  5. Applicable Material Testing Methods. One of the following methods or an alternate method deemed acceptable by the district APCO or by the Executive Officer of the Air Resources Board shall be used. Sampling for these methods shall comply with ASTM E 88-58 (1986), "Standard Practice for Sampling Nonferrous Metals and Alloys in Cast Form for Determination of Chemical Composition".
    1. To determine the composition of alloys defined in section 240.5 (1) and to determine the cadmium content of aluminum alloys to evaluate eligibility for exemption under section (b)(2) one of the following shall be used:
      1. ASTM E 227-67 (1982), "Standard Method for Optical Emission Spectrometric Analysis of Aluminum and Aluminum Alloys by the Point-to-Plane Technique";
      2. ASTM E 607-90, "Standard Test Method for Optical Emission Spectrometric Analysis of Aluminum and Aluminum Alloys by the Point-to-Plane Technique, Nitrogen Atmosphere"; or
      3. ASTM E 1251-88, "Standard Test Method for Optical Emission Spectrometric Analysis of Aluminum and Aluminum Alloys by the Argon Atmosphere, Point-to-Plane, Unipolar Self-Initiating Capacitor Discharge".
    2. To determine alloy composition as defined in sections 240.5(13) and 240.5(22), ASTM E 117-64 (1985), "Standard Method for Spectrographic Analysis of Pig Lead by the Point-to-Plane Technique" shall be used.
    3. To determine alloy composition as defined in section 240.5(25), ASTM E 46-87, "Test Method for Chemical Analysis of Lead- and Tin-Base Solder" shall be used.
    4. To determine cadmium concentration in zinc and zinc alloys to evaluate eligibility for exemption under section (b)(2), ASTM E 536-84 (1988), "Standard Test Method for Chemical Analysis of Zinc and Zinc Alloys" shall be used.
    5. To determine cadmium concentration in copper and copper-based alloys to evaluate eligibility for exemption under section (b)(2), ASTM E 53-86a, "Standard Test Methods for Chemical Analysis of Copper" shall be used.
    6. To determine arsenic concentration in copper or copper-based alloys to evaluate eligibility for exemption under section (b)(2), ASTM E 62-89, "Standard Test Method for Chemical Analysis of Copper and Copper Alloys" shall be used.
    7. To determine arsenic content in aluminum or zinc (or any other alloy in which determination of arsenic by spectrochemical methods is compromised by interference) to evaluate eligibility for exemption under section (b)(2), EPA method 7061 (Revision 1, December, 1987), "Arsenic (Atomic Absorption, Gaseous Hydride)", published in U.S.EPA Test Methods for Evaluating Solid Waste Physical and Chemical Methods. First Update (3rd Edition), January, 1988; EPA/530/SW-846.3-1; PB 89-14876, shall be used in the following manner.
      1. For aluminum alloys, sample digestion shall employ the hydroxide digestion technique given in appendix A to this control measure.
  6. Alternative Compliance Option. The APCO may approve an alternative approach to compliance proposed by the facility operator, if the facility operator demonstrates to the satisfaction of the district Executive Officer or APCO that the alternative is enforceable, achieves the same or better reductions in emissions and risk, and achieves these reductions within the same time period as required by this airborne toxic control measure. The alternative approach shall also be consistent with the federal Clean Air Act. The district shall revoke this approval if the facility operator fails to adequately implement the alternative approach or the alternative approach does not reduce emissions as required. The district shall notify the state board whenever it proposes to approve an alternative approach to compliance to this airborne toxic control measure.

NOTE: Authority cited: Sections 39600, 39601, 39650, 39655, and 39666, Health and Safety Code.
Reference: Sections 39650 and 39666, Health and Safety Code.


 

APPENDIX A

Digestion of Metal Aluminum Sample for Determining As


 

  1. Introduction: Metal Aluminum cannot react with nitric acid or concentrated sulfuric acid. It can dissolve in dilute sulfuric acid or hydrochloric acid. Active hydrogen, generated during the acid digestion process, will reduce arsenic to AsH3, which will escape from solution, resulting in a low or negative arsenic value. The proposed method sets up a protocol to dissolve metal alumina without loss of arsenic.
  2. Reagent: 3M NaOH, 10% HgSO4 Solution, 30% H2O2
    1:1 H2SO4, Concentrated HNO3, Tiling Copper
  3. Procedure:

3.1 Dissolve

3.1.1 Dissolve using NaOH (Method 1)

Weigh 0.5g of metal aluminum sample to a 125ml Erlenmeyer flask, add 15 ml of 3M NaOH solution, allow to react and dissolve about 20 min. Again add 10ml of 3M NaOH, continue reaction until no gas bubbles are present and the sample is dissolved completely.

3.1.2. Dissolve using HgSO4 (Method 2)

Weigh 0.5g of metal Aluminum sample to a 125ml Erlenmeyer flask, add 10ml of 10% HgSO4 solution and 5ml of 30% H2O2. After 20 minutes, add appropriate amount of HgSO4. Allow reaction to continue until no gas bubbles are present. Add metal copper strips (large surface area) into the sample solution. After 10 minutes, withdraw the copper strips and add new copper strips. Repeat until the surface of copper strips in sample solution do not change to a silver color. Withdraw all copper strips from sample solution.

3.2. Digestion:

Add 3ml of concentrated HNO3, 5ml of 1:1H2SO4 into the sample solution obtained from 3.1.1 or 3.1.2. Heat slowly and evaporate the sample solution until SO3 fumes are present for 5 minutes. Cool and dilute the sample to 50.0ml. Determined As by Atomic Absorption method.