SACAQMD RULE 601 PROCEDURE BEFORE THE HEARING BOARD          
LAST REVISED 04/10/90          

          SACRAMENTO METROPOLITAN AQMD                RULES AND REGULATIONS
                           RULE 601 PROCEDURE BEFORE THE HEARING BOARD
                                          Adopted 8-1-62
                                    (Amended 6-1-76, 4-10-90)

                                              INDEX

          100 GENERAL
              101  PURPOSE

          200 DEFINITIONS (NOT INCLUDED)

          300 STANDARDS (NOT INCLUDED)

          400 ADMINISTRATIVE REQUIREMENTS
              401  FILING PETITIONS
              402  GENERAL CONTENTS OF PETITIONS
              403  SPECIFIC CONTENTS FOR VARIANCE PETITIONS
              404  SPECIFIC CONTENTS FOR PERMIT ACTION PETITIONS
              405  SPECIFIC CONTENTS FOR REHEARING PETITIONS
              406  SPECIFIC CONTENTS FOR ABATEMENT ORDER PETITIONS
              407  FAILURE TO COMPLY WITH RULES
              408  DISMISSAL OF PETITION
              409  PLACE OF HEARING
              410  NOTICE OF HEARING
              411  EVIDENCE
              412  PRELIMINARY MATTERS
              413  CONTINUANCES
              414  DECISION
              415  VARIANCE FINDINGS
              416  PERMIT REVOCATION FINDINGS
              417  ABATEMENT ORDER FINDINGS
              418  EFFECTIVE DATE OF DECISION
              419  REHEARING DECISIONS

          500 MONITORING AND RECORDS (NOT INCLUDED)
          
          100 GENERAL

              101  PURPOSE:  To  specify procedures that shall apply to all
                   hearings before  the  Hearing  Board  of the Air Quality
                   Management  District, except hearings governed  by  Rule
                   602, BREAKDOWN CONDITIONS; EMERGENCY VARIANCE.

          400 ADMINISTRATIVE REQUIREMENTS

              401  FILING PETITIONS:  A  request  for  a  hearing  shall be
                   initiated by filing of a petition with the Hearing Board
                   of  the  Sacramento  Metropolitan Air Quality Management
                   District.   If  the  Petitioner  is  the  Air  Pollution
                   Control Officer, a copy  of the petition shall be served
                   upon the party named in the  petition.   Service  may be
                   made in person or by mail, and service may be proven  by
                   written  acknowledgment  of  the person served or by the
                   affidavit of the person making  the  service.  A fee, as
                   specified in Rule 302, HEARING BOARD FEES, shall be paid
                   at the time of filing of a petition.

              402  GENERAL  CONTENTS  OF  PETITIONS:   Every petition shall
                   state:
                   402.1   The name, address and telephone  number  of  the
                           petitioner, and the person authorized to receive
                           service of notice, if different therefrom.
                   402.2   Whether   the   petitioner   is  an  individual,
                           partnership,  corporation or other  entity,  and
                           the names and addresses  of  the  officers, if a
                           corporation; and the names and addresses  of the
                           person in control, if some other entity.
                   402.3   The  name,  location,  and  type  of business or
                           activity concerned.
                   402.4   A  brief  description  of the article,  machine,
                           equipment or other contrivance, if any involved.
                   402.5   The nature of the petition which is being filed,
                           that is,
                           a.  Variance Petitions
                               1.  General variance - 90 days or less
                               2.  General variance - greater than 90 days
                               3.  Interim variance
                               4.  Interim  authorization   to   modify   a
                                   variance    specifying   increments   of
                                   progress
                               5.  Variance revocation
                               6.  Variance modification
                           b.  Permit Action Petitions
                               1.  Review of permit denial
                               2.  Review of conditional approval
                               3.  Petition by an aggrieved party
                               4.  Review of permit suspension
                               5.  Petition to revoke a permit
                           c.  Rehearing Petitions
                               1.  Rehearing of a decision
                           d.  Abatement Order Petitions

                   402.6   Each petition shall be signed by the petitioner,
                           or by some person on  his  behalf, and where the
                           person  signing is not the petitioner  it  shall
                           set forth his authority to sign.

              403  SPECIFIC CONTENTS  FOR  VARIANCE PETITIONS:  In addition
                   to the requirements set forth  in Section 402, petitions
                   for variances shall state briefly:
                   403.1   The  section,  rule  or  order   which  will  be
                           violated if a variance is not granted.
                   403.2   The  facts  showing  that  compliance  with  the
                           section, rule, or order will result in either an
                           arbitrary or unreasonable taking of property, or
                           the practical closing and elimination  of lawful
                           business.
                   403.3   The  facts  showing  that  the closing or taking
                           will   be  without  corresponding   benefit   in
                           reducing air contaminants.
                   403.4   The consideration given to curtailing operations
                           in lieu of obtaining a variance.
                   403.5   The final  compliance  date  and  increments  of
                           progress   if   the  requested  variance  period
                           exceeds one year,  or  if  requested  by the Air
                           Pollution Control Officer.
                   403.6   The  conditions  associated  with the individual
                           increments  of  progress;  including,   but  not
                           limited  to,  increments  of progress schedules,
                           operating      parameters,     and     reporting
                           requirements.
                   403.7   Estimation  of  excess  emissions  and  proposed
                           actions which will  reduce  excess  emissions to
                           the maximum extent feasible during the  variance
                           period.
                   403.8   The   advantages   and   disadvantages   to  the
                           residents   of   the   district  resulting  from
                           requiring compliance or  resulting from granting
                           a variance.
                   403.9   Procedures,  methods,  and  equipment   used  to
                           quantify emission levels from the source  during
                           the  variance  period,  subject  to approval and
                           reporting  requirements  of  the  Air  Pollution
                           Control Officer.
                   403.10  Whether  or not operations under such  variance,
                           if granted, will constitute a nuisance.
                   403.11  Facts demonstrating  past diligence in trying to
                           comply with applicable standards.

              404  SPECIFIC  CONTENTS  FOR  PERMIT  ACTION   PETITIONS:  In
                   addition  to the requirements set forth in Section  402,
                   petitions for permit actions shall state briefly:
                   404.1   The  section,  rule  or order which is the basis
                           for conditional approval, suspension, denial, or
                           revocation; or which is  alleged  to  have  been
                           violated or is the basis of the grievance.
                   404.2   Statement  as  to  why  the  petition  is  being
                           sought.
                   404.3   The  facts illustrating the potential impact  on
                           the source,  public,  and aggrieved party if the
                           permit action is sustained by the Hearing Board.
                   404.4   The Hearing Board action requested.

              405  SPECIFIC CONTENTS FOR REHEARING  PETITIONS:  In addition
                   to the requirements set forth in Section 402,  petitions
                   for rehearing shall state briefly:
                   405.1   The original petition number and hearing date.
                   405.2   The  reasons  and  additional  facts which merit
                           rehearing the petition.
                   405.3   The Hearing Board action requested.

              406  SPECIFIC  CONTENTS  FOR  ABATEMENT  ORDER PETITIONS:  In
                   addition to the requirements set forth  in  Section 402,
                   petitions for abatement orders shall state briefly:
                   406.1   The section, rule, or order which is  alleged to
                           have been violated.
                   406.2   A   statement  of  the  facts  constituting  the
                           violation,   or   alleged   violation,   and   a
                           description of the potential impacts.
                   406.3   Permit  status  and history of the source sought
                           to be abated.
                   406.4   The particular act  or  operation  sought  to be
                           abated, together with conditions, if applicable.
                   406.5   Facts  showing  that  abatement  is necessary to
                           prevent future violations.

              407  FAILURE  TO  COMPLY  WITH RULES:  No petition  shall  be
                   accepted by the Hearing Board which does not comply with
                   these rules relating to the filing, content, and service
                   of petitions, unless the  chairperson or any two members
                   of the Hearing Board direct  otherwise  and confirm such
                   direction in writing.  Such direction need  not  be made
                   at  a meeting of the Hearing Board.  The chairperson  or
                   any two  members,  without  a  meeting,  may require the
                   petitioner to state further facts or reframe  a petition
                   so as to disclose clearly the issues involved.

              408  DISMISSAL  OF  PETITION:  The petitioner may, by  giving
                   notice to the Hearing Board, dismiss his petition at any
                   time  prior to the  time  set  for  a  hearing  thereof,
                   without  a hearing or meeting of the Hearing Board.  The
                   Hearing Board  shall  notify  all  interested persons of
                   such dismissal.

              409  PLACE OF HEARING:  Hearings shall be  held  at  a  place
                   designated by the Hearing Board.

              410  NOTICE  OF HEARING:  The Hearing Board shall give notice
                   of the time  and  place  of  hearing  either by personal
                   service, or by mail.  If either the identity  or address
                   of  any  person  entitled  to  notice is unknown, notice
                   shall  be served as specified in  Section  6061  of  the
                   Government  Code.   Notice shall be given to all parties
                   to the petition, including  the  Air  Pollution  Control
                   Officer.  The  notice  shall  state  the place where the
                   petition  and  related information, including,  but  not
                   limited to proposed  conditions or increment of progress
                   schedule  are  available   for  inspection.   Additional
                   noticing requirements are:

                   410.1   General Variance Petitions  Longer  than 90 Days
                           and Final Compliance Date Modifications :
                           a.  Notice shall be given to all other districts
                               in  the  Sacramento  Valley  Air Basin,  the
                               California  Air  Resources Board,  The  U.S.
                               Environmental Protection  Agency,  and every
                               other  person  requesting  such notice,  not
                               less than 30 days prior to such hearing.
                           b.  The  notice  shall also be published  in  at
                               least  one  daily   newspaper   of   general
                               circulation  not less than 30 days prior  to
                               such hearing.
                   410.2   90-Day  Variance  and   Increments  of  Progress
                           Modifications:  Notice shall  be  given  to  all
                           other districts in  the  Sacramento  Valley  Air
                           Basin,  the  California Air Resources Board, and
                           the  U.S. Environmental  Protection  Agency  not
                           less than 10 days prior to such hearing.
                   410.3   Interim  Variance:  Reasonable  notice  shall be
                           given prior to such hearing.
                   410.4   All Other Hearings: Notice shall be published in
                           at   least   one   daily  newspaper  of  general
                           circulation not less  than 10 days prior to such
                           hearing.

              411  EVIDENCE:
                   411.1   Oral evidence shall be  taken  only  on  oath or
                           affirmation.
                   411.2   Each party shall have these rights: to call  and
                           examine  witnesses;  to  introduce  exhibits; to
                           cross-examine  opposing witnesses on any  matter
                           relevant to the  issues  even  though the matter
                           was  not  covered in the direct examination;  to
                           impeach any  witness  regardless  of which party
                           first  called  him  to  testify; and to  present
                           rebuttal  evidence.  If  respondent   does   not
                           testify  in  his own behalf he may be called and
                           examined as if under cross examination.
                   411.3   The hearing need  not  be conducted according to
                           technical  rules  relating   to   evidence   and
                           witnesses.    Any  relevant  evidence  shall  be
                           admitted if it  is  the  type  of  evidence upon
                           which responsible persons are accustomed to rely
                           in the conduct of serious affairs, regardless of
                           the  existence  of  any  common law or statutory
                           rule which might make improper  the admission of
                           such  evidence over objection in civil  actions.
                           Hearsay evidence may be admitted for the purpose
                           of  supplementing   or   explaining  any  direct
                           evidence but shall not be  sufficient  in itself
                           to   support   a  finding  unless  it  would  be
                           admissible over objection in civil actions.  The
                           rules of privilege  shall  be  effective  to the
                           same  extent that they are now or hereafter  may
                           be recognized  in civil actions.  Irrelevant and
                           unduly repetitious evidence shall be excluded.
                   411.4   The Hearing Board shall allow interested members
                           of  the  public  a   reasonable  opportunity  to
                           testify   with   regard  to   a   matter   under
                           consideration.  Interested  persons  may  attend
                           and  submit  oral  or  written statements at the
                           hearing, however, it is  desirable  that written
                           statements  be  submitted  to the Hearing  Board
                           five  (5)  days before the hearing.   Statements
                           need not conform  to  formal  rules of evidence.
                           The chairperson may impose reasonable  limits on
                           the duration of oral presentations.
                   411.5   The  Hearing  Board  shall  prepare a record  of
                           witnesses and the testimony of  each  witness at
                           the  hearing.  The record shall be retained  for
                           at least three years.
                   411.6   As deemed  necessary  by  the Hearing Board, any
                           person relevant to a particular  hearing  may be
                           examined  by  the Hearing Board. The Chairperson
                           of the Hearing  Board  may  issue  a subpoena in
                           accordance with Health and Safety Code  Sections
                           40840, 40841, and 40842.

              412  PRELIMINARY   MATTERS:    Preliminary  matters  such  as
                   setting  a  date  for  hearing,  granting  continuances,
                   approving petitions for  filing,  permitting  amendments
                   thereto  and other preliminary matters not determinative
                   of the merits  of  the  case  may  be  determined by the
                   chairperson  or  any  two  members of the Hearing  Board
                   without a hearing or meeting  of  the  Hearing Board and
                   without notice.

              413  CONTINUANCES:  The chairperson or any two members of the
                   Hearing Board shall grant any continuance  of 15 days or
                   less,  which  is  concurred  in  by petitioner, the  Air
                   Pollution Control Officer and by all  other  persons who
                   are  party  to  the  action.   This  action may be taken
                   without a meeting of the Hearing board and without prior
                   notice.

              414  DECISION:   A quorum of not less than  three  members of
                   the  Hearing  Board  is required for all decisions.   No
                   decision shall be made  except  in  the  presence  of  a
                   quorum  and  upon  affirmative  vote  by  at least three
                   members of the Hearing Board.  The decision  shall be in
                   writing,   served   and  filed  within   30  days  after
                   signature  by  the  Hearing   Board  members  and  shall
                   contain: a brief statement of facts found by the Hearing
                   Board to support the findings required  by Sections 415,
                   416,  or  417; a determination of the issues  presented,
                   and the order  of  the  Hearing  Board.  A copy shall be
                   mailed  or  delivered  to  the  Air  Pollution   Control
                   Officer,  the  petitioner  and  to  every person who has
                   appeared  as  a  party  in person or by counsel  at  the
                   hearing.  Decisions granting,  modifying,  or  otherwise
                   affecting a  variance  shall be mailed to the California
                   Air Resources Board within  30  days  after signature by
                   the Hearing Board members.

              415  VARIANCE FINDINGS: No variance shall be  granted  unless
                   the Hearing Board makes all of the following findings:
                   415.1   That  the  petitioner for a variance is, or will
                           be in violation  of  any  rule,  regulation,  or
                           order of the District.
                   415.2   That,  due  to  conditions beyond the reasonable
                           control of the petitioner,  requiring compliance
                           would    result   in   either:   arbitrary    or
                           unreasonable   taking   of   property,   or  the
                           practical  closing  or  elimination  of a lawful
                           business.
                   415.3   That  a  positive  finding  required  by Section
                           415.2 would be without corresponding benefit  to
                           air quality.
                   415.4   That  the  applicant  has given consideration to
                           curtailing operations in  lieu  of  obtaining  a
                           variance.
                   415.5   That  the applicant will reduce excess emissions
                           to  the   maximum  extent  feasible  during  the
                           variance period.
                   415.6   That the applicant  will  monitor  or  otherwise
                           quantify  the  emission  levels  from the source
                           during  the  variance period,  and report  these
                           emission levels  to  the  District pursuant to a
                           schedule   established  by  the   District,   if
                           requested to do so by the District.
                   415.7   That  an  effective  variance  period  has  been
                           specified including:
                           a.  initial effective date,
                           b.  final compliance date, and
                           c.  schedule   of  increments  of  progress  for
                               variance periods exceeding one year, and, if
                               requested  by   the  Air  Pollution  Control
                               Officer  at the discretion  of  the  Hearing
                               Board, variance periods less than one year.
                               The Hearing  Board may also impose reporting
                               requirements  showing   compliance   with  a
                               schedule   of  increments  of  progress,  or
                               compliance with  an emissions curtailment or
                               reporting plan.
                   415.8   That the applicant agrees  to  post  a  bond, if
                           required by the Hearing Board as a condition  of
                           the  variance,  to  assure  performance  of  any
                           construction,  alteration, repair, or other work
                           required by the  variance.  The bond may provide
                           that, if failure to perform the required work by
                           the agreed date, the  bond shall be forfeited as
                           provided  in  Health  and  Safety  Code  Section
                           42355.

              416  PERMIT  REVOCATION  FINDINGS: A permit  may  be  revoked
                   pursuant to Health and  Safety Code Section 42309 if the
                   Hearing Board finds any of the following:
                   416.1   The  permittee  has   failed   to   correct  any
                           conditions required by the Air Pollution Control
                           Officer.
                   416.2   A refusal of a permit would be justified.
                   416.3   Fraud  or  deceit was employed in obtaining  the
                           permit.
                   416.4   Any violation  of  Part  4 of Division 26 of the
                           Health and Safety Code or  any rule, regulation,
                           or order of the District.

              417  ABATEMENT ORDER FINDINGS: The Hearing Board may:
                   417.1   Issue an abatement order if  it  finds  that any
                           person is constructing or operating any article,
                           machine, equipment, or other contrivance without
                           a permit required by District Rule 201 - GENERAL
                           PERMIT  REQUIREMENTS;  or  is  in  violation  of
                           Health  and  Safety Code Section 41700 or 41701,
                           or   of   any   rule,   regulation,   or   order
                           prohibiting, or limiting  the  discharge  of air
                           contaminants into the atmosphere; or
                   417.2   Pursuant  to  Health  and  Safety  Code  Section
                           42451(b),  issue an abatement order pursuant  to
                           the stipulation  of  the  Air  Pollution Control
                           Officer  and  the person or persons  accused  of
                           violations  specified  in  Section  417.1.   The
                           stipulation   shall    set   forth   terms   and
                           conditions.

              418  EFFECTIVE DATE OF DECISION:  The  decision  shall become
                   effective  upon  affirmative  vote of the Hearing  Board
                   unless otherwise specified.

              419  REHEARING DECISIONS:
                   419.1   Pursuant  to  Health  and  Safety  Code  Section
                           40861, the Hearing Board  may  rehear a decision
                           if a party petitions for a rehearing  within  10
                           days  after  a  copy  of  the  decision has been
                           mailed to said party.
                   419.2   Pursuant  to  Health  and  Safety  Code  Section
                           40821, the Hearing Board may, in its discretion,
                           with not fewer than four members present, within
                           30  days of the effective date of the  decision,
                           rehear any matter.