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REGULATION 3

AIRBORNE TOXIC

CONTROL MEASURES

MENDOCINO COUNTY

AIR QUALITY MANAGEMENT DISTRICT

CALIFORNIA

NORTH COAST AIR BASIN

SCHEDULE OF ADOPTION

By the

MENDOCINO COUNTY

AIR QUALITY MANAGEMENT DISTRICT

REGULATION 3

AIRBORNE TOXIC CONTROL MEASURES

OF THE

MENDOCINO COUNTY AIR QUALITY MANAGEMENT DISTRICT

TABLE OF CONTENTS

SECTION 1 - AIRBORNE TOXIC CONTROL MEASURE FOR BENZENE EMISSIONS FROM RETAIL

SERVICES STATIONS

SECTION 2 - AIRBORNE TOXIC CONTROL MEASURE FOR HEXAVALENT

CHROMIUM EMISSIONS FROM CHROME PLATING AND CHROMIC

ACID ANODIZING OPERATIONS

RULE 3.2-100 – Title – Repealed 5-12-09 Page 2-1

SECTION 3 - AIRBORNE TOXIC CONTROL MEASURE FOR HEXAVALENT CHROMIUM EMISSIONS

FROM CHROMATE TREATED COOLING TOWERS

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Mendocino County Air Quality Management District Regulation 3

SECTION 4 - AIRBORNE TOXIC CONTROL MEASURE FOR EMISSIONS OF DIOXINS FROM

MEDICAL WASTE INCINERATORS

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Mendocino County Air Quality Management District Regulation 3

TABLE OF CONTENTS (Continued)

SECTION 5 - AIRBORNE TOXIC CONTROL MEASURE FOR ETHYLENE OXIDE EMISSIONS FROM

STERILIZERS AND AERATORS

RULE 3.5-100 – Title – Repealed 5-12-09Page 5-1

SECTION 6 - AIRBORNE TOXIC CONTROL MEASURE FOR ASBESTOS CONTAINING

SERPENTINE ROCK

SECTION 8 - AIRBORNE TOXIC CONTROL MEASURE FOR RESIDENTIAL BURNING

REGULATION 3

AIRBORNE TOXIC CONTROL MEASURES

OF THE

MENDOCINO COUNTY AIR QUALITY MANAGEMENT DISTRICT

TABLE OF CONTENTS (Continued)

SECTION 9 - AIRBORNE TOXIC CONTROL MEASURE FOR STATIONARY

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Mendocino County Air Quality Management District Regulation 3

REGULATION 3.1

AIRBORNE TOXIC CONTROL MEASURE FOR BENZENE EMISSIONS FROM

GASOLINE DISPENSING FACILITIES

RULE 3.1-100 - AUTHORITY

This regulation is adopted pursuant to the provisions of Sections 93100 and 93101, Titles 17 and 26, California Code of Regulations (CCR).

[Adopted January 10, 1989, August 20, 1991; Amended 5/6/03]

RULE 3.1-110 - PURPOSE

On January 25, 1985, pursuant to Section 39662 of the Health and Safety Code, the Air Resources Board (ARB) identified benzene as a toxic air contaminant for which there is not sufficient available scientific evidence to support the identification of a threshold exposure level below which no significant adverse health effects are anticipated (see Title 17, California Administrative Code, Section 93000). This Airborne Toxic Control Measure will reduce benzene emissions from gasoline dispensing facilities and resulting cancer risk and cancer incidence to the lowest level achievable through application of best available control technology at facilities subject to this measure.

RULE 3.1-120 - APPLICABILITY

This regulation shall apply to any new or modified gasoline dispensing facilities constructed or modified after January 16, 1989; or to any existing gasoline dispensing facilities with a gasoline throughput in excess of 480,000 gallons per year in 1988, or any calendar year thereafter.

RULE 3.1-125 - EXEMPTIONS

A gasoline dispensing facility shall be exempt from this Regulation if it meets all of the following criteria:

(a)It is not a retail service station.

(b)It has less than 3,000 gallons per year throughput

(c)It has less than 500 gallons throughput in any one month.

(d)It has a calculated screening risk value for benzene of less than ten in a million at the nearest property line using the current California Office of Health Hazard Assessment screening methodology, or such other methodology as may be approved by the Air Pollution Control Officer.

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Mendocino County Air Quality Management District Regulation 3

RULE 3.1-130 - DEFINITIONS

(a1) ARB Certified Vapor Recovery System:

A vapor recovery system that has been certified by the state board pursuant to Section 41954 of the Health and Safety Code.

(d1) District:

The Mendocino County Air Quality Management District as required by Section 40002 of the California Health and Safety Code.

(e1) Excavation:

Exposure to view by digging.

(e2) Existing Gasoline Dispensing Facility:

Any gasoline dispensing facility operating, constructed, or under construction as of January 16, 1989.

(g1) Gasoline:

Any organic liquid (including petroleum distillates and methanol) having a Reid vapor pressure of four pounds or greater and used as a motor vehicle fuel or any fuel which is commonly or commercially known or sold as gasoline.

(g2) Gasoline Dispensing Facility:

Any new or existing facility constructed for the storage and transfer of gasoline.

(h1) Hold-Open Latch:

A device that is part of an ARB-certified vapor recovery system and that allows for the hands-off refueling of a vehicle.

(l1) Leak Free:

A liquid leak of no more than three drops per minute excluding losses which occur upon disconnecting transfer fittings, provided such disconnect losses do not exceed 10 milliliters (0.34 fluid ounces) per disconnect, averaged over three disconnects.

(m1) Major Modification:

“Major Modification” as it applies to gasoline dispensing facilities means the addition, replacement, or removal of an underground storage tank, underground piping, vapor piping within a dispenser, or a dispenser of an existing installation. The replacement of a dispenser is not a major modification when the replacement is occasioned by end user damage to a

(m2) Modified Gasoline Dispensing Facility:

Replacement of one or more stationary gasoline storage tanks at an existing gasoline dispensing facility or excavation of 50 percent or more of an existing gasoline dispensing facility’s total underground liquid piping from the stationary storage tanks to the gasoline dispensers.

(m3) Motor Vehicle:

The same meaning as defined in Section 415 of the Vehicle Code.

(n1) New Gasoline Dispensing Facility:

Any gasoline dispensing facility that was not constructed or being modified as of January 16, 1989.

(o1) Owner or Operator:

An owner or operator of a gasoline dispensing facility.

(p1) Phase I Vapor Recovery System:

A gasoline vapor recovery system that recovers vapors during the transfer of gasoline from delivery tanks into stationary storage tanks.

(p2) Phase II Vapor Recovery System:

A gasoline vapor recovery system that recovers vapors during the fueling of motor vehicles from stationary storage tanks.

(r1) Retail Service Station:

Any new or existing motor vehicle-fueling service station subject to payment of California sales tax on gasoline sales.

(t1) Topping Off:

An attempt to dispense gasoline to a motor vehicle fuel tank after a vapor recovery dispensing nozzle has shut off automatically.

(t2) Throughput:

The volume of gasoline dispensed at a gasoline dispensing facility in any calendar year.

(v1) Vapor Tight:

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 entrapment in the sight glasses of liquid delivery hoses.

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Mendocino County Air Quality Management District Regulation 3

RULE 3.1-200 - PERMITS

(a)Any owner or operator of an existing gasoline dispensing facility with a throughput in excess of 480,000 gallons per year in the calendar year 1988, or any year thereafter, shall file an application for an Authority to Construct Phase I and Phase II vapor recovery systems with the District. The application shall be filed with the District prior to April 1, 1990, and the applicant shall pay the fees as specified in Rule 3.1-300 - Fees.

(b)Any owner or operator of a new gasoline dispensing facility of any throughput constructed after January 16, 1989, or of a modified retail service station of any throughput for which modifications are made after January 16, 1989, shall file an application for an Authority to Construct Phase I and II vapor recovery systems with the District prior to the start of construction, and shall pay the Fees as specified in Rule 3.1-300 - Fees.

RULE 3.1-300 - FEES

Every gasoline dispensing facility subject to permit by the District, including any federal, state or local government agency or public district, shall be subject to the fees scheduled below.

The fee schedules shall be adjusted annually in accordance with Section 42311 of the California Health and Safety Code and Section 2212 of the Revenue and Taxation Code to account for changes in the California Consumer Price Index for the preceding year. The fees shall not exceed the actual cost of District programs for the immediately preceding year with an adjustment not greater than the change in the annual California Consumer Price Index.

[Amended 5/6/03]

(a)Initial Fee

(1)Every applicant for an Authority to Construct a new gasoline dispensing facility or to make modifications at an existing gasoline dispensing facility shall submit an application and plans to the District prior to the start of construction of the new station or of the modifications. The applicant shall pay an application fee in the amount prescribed in Regulation 1, Rule 1-300(a)(1).

(b)Annual Renewal Fee

(1)On July 1, 2003, and each July 1 thereafter, all holders of a Permit to Operate for a gasoline dispensing facility shall be notified by the District of the annual permit renewal fees which shall be based upon the previous year’s throughput in gallons per year in accordance with the following schedule from Regulation 1, Rule 310:

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Mendocino County Air Quality Management District Regulation 3

REGULATION 1, RULE 310,

SCHEDULE 9

FUEL STORAGE AND DISPENSING FACILITY SCHEDULE

Any source of air contaminant emissions for which an Authority to Construct or a Permit to Operate is required, through which fuel is stored and/or dispensed, shall be assessed a permit fee based upon the previous year’s throughput in gallons per year in accordance with the following schedule:

Adjusted annually to account for changes in the previous years CPI factor.

[Adopted 5/6/03]

(2)The Permit Holder shall pay such annual renewal fee to the District Office in person or by mail postmarked no later than August 30 of that year. If the renewal fee is not paid by August 30, the fee shall be increased by one-half the amount thereof, and the District shall thereupon promptly notify the Permit Holder by mail of the increased fee. If the increased fee is not paid within 60 days after such notice, the permit shall be immediately suspended and the District shall so notify the Permit Holder by mail. Any suspended permit may be reinstated only upon payment in full of all accrued fees and penalties or by filing a new application complete with application fee. Annual permit fees will continue to be required until such time as the Authority to Construct and/or Permit to Operate cancellation or denial becomes final and all operations involving the gasoline dispensing facility have ceased.

[Amended 5/6/03]

(c)Transfer of Ownership

An applicant for a Permit to Operate an existing gasoline dispensing facility because of change of ownership, for which a Permit to Operate has previously been granted, and to which no modifications have been made, shall pay a $50.00 transfer fee per facility.

(d)Duplicate Permit

A request for a duplicate Permit to Operate shall be made in writing to the District within 10 days after the destruction, loss or defacement of a Permit to Operate and shall contain the reason a duplicate permit is being requested. A fee of $30 shall be paid for a duplicate Permit to Operate.

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Mendocino County Air Quality Management District Regulation 3

(e)Late Fee Penalty

If any gasoline dispensing facility is constructed, modified, or operated without the owner or operator obtaining an Authority to Construct in accordance with Rule 3.1-200, the applicant shall be assessed a late fee penalty that is one and one-half times the applicable initial fee. The assessment of a late fee penalty shall not limit the District's right to pursue any other remedy provided for by law.

(f)Re-inspection Fee

(1)Facilities requiring a repeat of a scheduled equipment compliance test under observation by a District inspector will be billed for inspector time at a per hour rate determined each year by the Air Pollution Control Officer based on the District’s stationary source program costs.

(2)Facilities requiring a reinspection to verify correction of non-complying equipment will be billed for inspector time at a per hour rate determined each year by the Air Pollution Control Officer based on the District’s stationary source program costs.

(g)Certification

It is hereby determined that the cost of reviewing permit applications, issuing authorizations, conducting inspections, testing and monitoring, and such other activities described herein pertaining to such permits, exceeds the fees prescribed herein.

[Adopted 5/6/03]

RULE 3.1-400 - BENZENE CONTROL FROM GASOLINE DISPENSING FACILITIES

(a)Phase I Vapor Recovery System Requirements

(1)No owner or operator shall transfer, allow the transfer, or provide equipment for the transfer of gasoline, and no other person shall transfer gasoline from a gasoline delivery tank equipped with a vapor recovery system into a stationary storage tank at a gasoline dispensing facility unless an ARB-certified Phase I vapor recovery system is installed on the stationary storage tank and used during the transfer. The ARB- certified Phase I vapor recovery system shall meet a 90% vapor recovery efficiency as determined by ARB Test Method 2-1 or equivalent.

(2)The provisions of Rule 3.1-400 (a)(1) shall not apply to:

(A)An existing gasoline dispensing facility with a gasoline throughput of 480,000 or fewer gallons during the calendar year 1988. If during any calendar year thereafter the gasoline throughput at any existing gasoline dispensing facility exceeds 480,000 gallons, this exemption shall cease to apply commencing with the first day of the following calendar year.

(B)A transfer to a stationary storage tank at an existing gasoline dispensing facility that receives gasoline exclusively from delivery tanks that are not required to be equipped with vapor recovery systems.

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Mendocino County Air Quality Management District Regulation 3

(3)At the time of modifications at any existing gasoline dispensing facility of any throughput, ARB-certified Phase I vapor recovery systems shall be installed and used thereafter, except those gasoline dispensing facility which are exempt from the Phase I requirement by Rule 3.1-400 (a) (2) (B).

(b)Phase II Vapor Recovery System Requirements

(1)No owner or operator shall transfer, allow the transfer or provide equipment for the transfer of gasoline from a stationary storage tank at a gasoline dispensing facility into a motor vehicle fuel tank unless an ARB-certified Phase II vapor recovery system is installed and used during the transfer. The ARB-certified Phase II vapor recovery system shall meet a 90% vapor recovery efficiency as determined by ARB Test Method 2-1 or equivalent.

(2)The provisions of Rule 3.1-400 (b) (1) shall not apply to an existing retail service station that qualifies under the throughput exemption for Phase I requirements of Rule 3.1-400 (a) (2) (A).

(3)At the time of modifications at any existing gasoline dispensing facility of any throughput, ARB-certified Phase II vapor recovery systems shall be installed and used thereafter provided an ARB certified Phase II system exists.

(4)The operator of each gasoline dispensing facility, utilizing a Phase II system shall conspicuously post operating instructions for the system in the gasoline dispensing area. The instructions shall clearly describe how to fuel vehicles correctly with vapor recovery nozzles utilized at the facility, and shall include a warning that topping off may result in spillage or re-circulation of gasoline and is prohibited. Additionally, the instructions shall include a prominent display of the District's or the Air Resources Board's toll free telephone number for complaints.

RULE 3.1-500 - COMPLIANCE ENFORCEMENT

(a)No owner or operator of a gasoline dispensing facility, subject to the requirements of Rule 3.1-400 (a), shall transfer or allow the transfer of gasoline from a gasoline delivery tank into a stationary storage tank unless the Phase I vapor recovery system is operating in accordance with the manufacturers specifications and is maintained to be leak free, vapor tight and in good working order.

(b)Phase II gasoline vapor recovery equipment shall be maintained to be leak free, vapor tight and in good working order. Whenever the Air Pollution Control Officer or a District Inspector determines that a Phase II vapor recovery system contains a defect the Air Pollution Control Officer or Inspector shall mark such system or component "Out of Order". No owner or operator shall use or allow the use of any Phase II system or any component thereof containing a defect identified in Title 17, California Administrative Code, Section 94006 until it has been repaired, replaced, or adjusted, as necessary to remove the defect, and, if required under Health and Safety Code, Section 41960.2, District personnel have re- inspected the system or have authorized its use pending re-inspection.

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Mendocino County Air Quality Management District Regulation 3

Phase II vapor recovery systems shall not be operated with defects including:

(1)Torn or cut boots

(2)Torn or cut face seals or face cones

(3)Loose or broken retractors

(4)Boots clamped or held in an open position

(5)Leaking nozzles

(6)Loose, missing or disconnected nozzle components

(7)Crimped, cut or damaged vapor or fuel hoses)

(8)Vapor assist recovery systems damaged, turned-off or inoperative

(9)Non-"ARB certified" equipment or components

RULE 3.1-600 - COMPLIANCE SCHEDULE

(a)Effective January 16, 1989, the owner or operator of any new or modified gasoline dispensing facility subject to this regulation shall comply with all its provisions at the time gasoline is first dispensed from the new or modified facility.

(b)The owner or operator of an existing gasoline dispensing facility, subject to this regulation shall, prior to April 1, 1990, secure an Authority to Construct from the Mendocino County Air Quality Management District for installation of the equipment required by Rule 3.1-400. The owner or operator shall comply with all the provisions of Rule 3.1-400 prior to January 1, 1991.

(c)The owner or operator of an existing gasoline dispensing facility where the operation or annual throughput has changed such that the exemption from either the Phase I or II requirements or both are no longer applicable, shall comply with the provisions of Rule 3.1- 400 within 12 months after loss of said exemptions.

(Adopted January 10, 1989; amended August 20, 1991)

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Mendocino County Air Quality Management District Regulation 3

REGULATION 3 - SECTION 2

AIRBORNE TOXIC CONTROL MEASURE FOR

HEXAVALENT CHROMIUM EMISSIONS FROM CHROME

PLATING AND CHROMIC ACID ANODIZING OPERATIONS

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Mendocino County Air Quality Management District Regulation 3

REGULATION 3 - SECTION 3

AIRBORNE TOXIC CONTROL MEASURE

FOR HEXAVALENT CHROMIUM EMISSIONS

FROM CHROMATE TREATED COOLING TOWERS.

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Mendocino County Air Quality Management District Regulation 3

REGULATION 3 - SECTION 4

AIRBORNE TOXIC CONTROL MEASURE

FOR EMISSIONS OF DIOXINS FROM MEDICAL WASTE INCINERATORS.

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Mendocino County Air Quality Management District Regulation 3

REGULATION 3 - SECTION 5

AIRBORNE TOXIC CONTROL MEASURE FOR

ETHYLENE OXIDE EMISSIONS FROM STERILIZERS AND AERATORS

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Mendocino County Air Quality Management District Regulation 3

REGULATION 3 - SECTION 6

AIRBORN TOXIC CONTROL MEASURE

FOR ASBESTOS CONTAINING SERPENTINE ROCK

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Mendocino County Air Quality Management District Regulation 3

REGULATION 3 - SECTION 7

RULE 3.7-100 – TITLE

AIRBORNE TOXIC CONTROL MEASURE

FOR EMISSIONS OF PERCHLOROETHYLENE

FROM DRY CLEANING OPERATIONS

This regulation is adopted pursuant to the provisions of Section 93109, Titles 17, California Code of Regulations (CCR).

[Adopted July 25, 1995]

[Amended May 12, 2009]

RULE 3.7-110 – APPLICABILITY

All new or existing Percholoroethylene dry cleaning equipment sold, operated or located within the District shall comply with all provisions of Section 93109, Title 17 of the California Code of Regulations (Airborne Toxic Control Measure for Emissions of Perchloroethylene Associated with Dry Cleaning Operations and Requirements for Manufacturers and Distributors of Perchloroethylene).

RULE 3.7-200 - PERMITS

(a)Any owner or operator of new or existing Perchloroethylene dry cleaning equipment shall file an application for an Authority to Construct with the District. The application for existing Perchloroethylene dry cleaning equipment shall be filed with the District within 90 days of rule adoption by the District and the applicant shall pay the fees as specified in Rule 7-300 - Fees.

RULE 3.7-300 - FEES

(a)Initial Fee

Every Applicant for an Authority to Construct for any new or existing Perchloroethylene dry cleaning facility as required by this regulation shall pay an initial application fee of $200.00 at the time of the filing of the application.

(b)Annual Renewal Fee

On July 1, 1995, and each July 1 thereafter, all holders of a Permit to Operate shall be notified by the District of the annual permit renewal fees of $100.00 per Perchloroethylene dry cleaning facility.

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Mendocino County Air Quality Management District Regulation 3

(c)Transfer of Owner

Where an application is filed for a Permit to Operate any Perchloroethylene dry cleaning facility by reason of transfer of owner, for which a Permit to Operate has been previously granted under Rule 3.7-500, and no modifications to the facility have been made, the applicant shall pay a $50.00 transfer fee.

(d)Alteration of Equipment

Where an application is filed for an Authority to Construct or a Permit to Operate exclusively involving revisions to the conditions of an existing Authority to Construct or Permit to Operate or involving alterations or additions resulting in a change to any existing Perchloroethylene dry cleaning equipment the applicant shall pay an application fee as specified in Rule 3.7-300 (a).

(e)Duplicate Permit

A request for a duplicate Permit to Operate shall be made in writing to the District within 10 days after the destruction, loss or defacement of a Permit to Operate and shall contain the reason a duplicate is being requested. A fee of $10.00 shall be paid for a duplicate Permit to Operate.

(f)Late Fee Penalty

If any Perchloroethylene dry cleaning equipment is constructed or operated without the owner or operator obtaining an Authority to Construct in accordance with Rule 3.7-200, the applicant shall be assessed a late fee penalty which is one and one-half times the applicable initial fee. The assessment of a late fee penalty shall not limit the District's right to pursue any other remedy provided for by law.

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Mendocino County Air Quality Management District Regulation 3

REGULATION 3.8

AIRBORNE TOXIC CONTROL MEASURE

FOR RESIDENTIAL BURNING

RULE 3.8-100 - AUTHORITY

This regulation is adopted pursuant to the provisions of California Code of Regulations, (CCR) Section 93113, Titles 17 and 2.

The boundaries of the Mendocino County Air Quality Management District are coterminous with the existing boundaries of Mendocino County.

RULE 3.8-110 - PURPOSE

The purpose of this regulation is to reduce public exposure to air toxics generated by the burning of residential waste in the open and in burn barrels or incinerators.

RULE 3.8-120 - APPLICABILITY

(a)Notwithstanding Section 41806(a) of the California Health and Safety Code, this regulation shall apply to persons conducting outdoor burning of combustible or flammable waste generated from inside residences and from outdoor activities associated with a residence, for the purposes of disposing of the waste within the boundaries of the Air Quality Management District.

(b)This regulation shall apply to persons lighting fires that burn combustible or flammable waste, as defined, outdoors in enclosed or partially enclosed vessels, such as incinerators or burn barrels, or in an open outdoor fire, such as in pits or in piles on the ground. This regulation shall not apply to persons lighting fires at the direction of a public officer in an emergency situation for public health or fire safety reasons, in accordance with Section 41801 of the California Health and Safety Code, Regulation 2, Open Outdoor Burning Procedures of the Mendocino County Air Quality Management District, or other provisions of law.

(c)Except as provided in (a) and (b) above, nothing in this regulation shall affect the applicability of the provisions of Article 2 and Article 3, respectively, of Chapter 3, Part 4, Division 26, of the California Health and Safety Code.

(d)Except as provided in (a) and (b) above, nothing in this regulation shall affect the applicability of the provisions of District Regulation 2, Open Outdoor Burning Procedures.

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Mendocino County Air Quality Management District Regulation 3

RULE 3.8-130 – SEVERABILITY

The provisions of this regulation are severable. Should any section of this regulation be held invalid, the remainder of this regulation shall not be affected thereby.

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Mendocino County Air Quality Management District Regulation 3

RULE 3.8-140 – DEFINITIONS

Terms used shall have the same definitions as in Health and Safety Code, Section 39010 et. seq., unless otherwise indicated. For purposes of this regulation, the following additional definitions shall apply:

(a1) Air Quality Management District

The Mendocino County Air Quality Management District.

(a2) Air Pollution Control Officer (APCO):

The Air Pollution Control Officer or the Chief Executive Officer of the Mendocino County Air Quality Management District.

(a3) Approved Combustibles

Brush, trees, and vegetation burned on the property where grown.

(a4) Approved ignition device

An instrument or material that will ignite open fires without the production of black smoke by the ignition device, as approved by the Air Pollution Control Officer.

(b1) Burn Barrel

A metal container used to hold combustible or flammable waste materials so that material can be ignited outdoors for the purpose of disposal.

(c1) Combustible

Any substance capable of burning or any substance that will readily burn.

(f1) Flammable

Capable of catching fire easily, or combustible.

(i1) Incinerator

Any device constructed of nonflammable materials, including containers commonly known as burn barrels, for the purpose of burning therein trash, debris, and other flammable materials for volume reduction or destruction.

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Mendocino County Air Quality Management District Regulation 3

(n1) Natural vegetation

All plants, including but not limited to grasses, forbs, trees, shrubs, flowers, or vines that grow in the wild or under cultivation. Natural vegetation excludes vegetative materials that have been processed, treated or preserved with chemicals for subsequent human or animal use, including but not limited to lumber, wood products or paper products.

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Mendocino County Air Quality Management District Regulation 3

(r1) Residence

A single - or two-family dwelling unit and the land and ancillary structures surrounding it.

(r2) Residential waste burning

The disposal of the combustible or flammable waste from a single - or two-family dwelling unit or residence by outdoor burning. Residential waste burning is not agricultural burning, including prescribed burning.

(u1) Unapproved Combustibles

Any material, other than vegetative matter grown on the property where the burn occurs.

(w1) Waste

All discarded putrescible and non-putrescible solid, semisolid, and liquid materials, including but not limited to petroleum products and petroleum wastes; construction and demolition debris; coated wire; tires; tar; tarpaper; wood waste; processed or treated wood and wood products; metals; motor vehicle bodies and parts; rubber; synthetics; plastics, including plastic film, twine and pipe; fiberglass; styrofoam; garbage; trash; refuse; rubbish; disposable diapers; ashes; glass; industrial wastes; manufactured products; equipment; instruments; utensils; appliances; furniture; cloth; rags; paper or paper products; cardboard; boxes; crates; excelsior; offal; swill; carcass of a dead animal; manure; human or animal parts or wastes, including blood; fecal- and food-contaminated material; felled trees; tree stumps; brush; plant cuttings and prunings; branches; garden waste; weeds; grass clippings, pine needles, leaves and other natural vegetation waste.

RULE 3.8-200 – PROHIBITIONS

(a)No person shall burn unapproved combustibles from any property for the purpose of disposing of waste material outdoors at a residence.

(b)No person shall dispose of approved combustibles from any property by burning them in a burn barrel or incinerator.

(c)No person shall ignite, or allow to become ignited, any approved combustibles unless using an approved ignition method.

RULE 3.8-300 – EXEMPTIONS

Burning done under the provisions of District Regulation 2, Rule 2-300(a) (Agricultural burning) is exempt from this Air Toxic Control Measure.

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Mendocino County Air Quality Management District Regulation 3

NOTE: Authority cited: California Health and Safety Code, Sections 39600, 39601, 39659 and

39666. Reference: California Health and Safety Code, Sections 39020, 39044, 39650 through 39669, 39701, 41700 and 41806.

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Mendocino County Air Quality Management District Regulation 3

REGULATION 3.9

AIRBORNE TOXIC CONTROL MEASURE

FOR STATIONARY DIESEL ENGINES

RULE 3.9-100 - AUTHORITY

These Rules and Regulations are adopted pursuant to the provisions of Division 26 of the Health and Safety Code of the State of California and Title 17, California Code of Regulations, Sections 93115 and 93116 et. seq.

RULE 3.9-105 – JURISDICTION

(a)The boundaries of the Mendocino County Air Quality Management District are coterminous with the existing boundaries of Mendocino County and adjoining State territorial waters.

(b)The Mendocino County Air Quality Management District lies within the North Coast Air Basin.

The North Coast Air Basin is comprised of the Counties of Del Norte, Trinity, Humboldt, Mendocino, and that region of Sonoma County designated as the Northern Sonoma County Air Pollution Control District and State territorial waters adjoining these Counties.

RULE 3.9-110 - PURPOSE

The purpose of this regulation is to reduce public exposure to air toxics from stationary and portable diesel engines operating in the District.

RULE 3.9-120 – APPLICABILITY

(a)This regulation shall apply to any person who owns, operates, maintains, repairs or tests, or is in possession of any stationary and portable diesel engines with a brake horsepower of 50 or greater in Mendocino County.

(b)Except as provided in (a) above, nothing in this regulation shall affect the applicability of the provisions of Article 2 and Article 3, respectively, of Chapter 3, Part 4, Division 26, of the California Health and Safety Code.

[Ref: H&SC §39655]

[Ref: H&SC §39660]

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Mendocino County Air Quality Management District Regulation 3

RULE 3.9-125 - EXEMPTIONS

(a)Any stationary diesel agricultural engine specifically exempted in Title 17, California Code of Regulations, Section 93115, in effect at the time of the application shall be exempt from this Regulation.

(b)Engines that propel mobile equipment shall be exempt from this Regulation.

(c)Agricultural wind machines shall be exempt from this Regulation.

(d)Engines registered in and operated pursuant to the Statewide Portable Equipment Registration Program are exempt from all requirements of this Regulation – except Rule 3.9-800 (Notification of Sales and Significant Repairs).

RULE 3.9-130 – SEVERABILITY

The provisions of this Regulation are severable. Should any section of this Regulation be held invalid, the remainder of this Regulation shall not be affected thereby.

RULE 3.9-140 – DEFINITIONS

Terms used shall have the same definitions as in Title 17, California Code of Regulations, Section 93115.4, unless otherwise indicated. For purposes of this regulation, the following additional definitions shall apply:

(a1) Agricultural Engine:

Any stationary or portable engine used in an agricultural operation.

(a2) Agricultural Engine Registration Program

The registration program established by the District for agricultural engines.

(a3) Agricultural Operation:

For the purposes of this regulation, and to be consistent with the intent of Title 17, California Code of Regulations, Section 93115 et. seq., Agricultural Operation shall be defined as:

The growing and harvesting of crops, or the raising of fowl, animals, or bees as a gainful occupation.

(a4) Agricultural Pump:

Any diesel powered water pump used in an agricultural operation. Engines owned by government agencies shall not be considered agricultural engines.

(a5) Air Quality Management District:

The Mendocino County Air Quality Management District.

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(a6) Air Pollution Control Officer (APCO):

The Air Pollution Control Officer of the Mendocino County Air Quality Management District.

(d1) Diesel Engine

Any internal combustion engine designed to burn fuel meeting the specifications of ASTM D975 or its successors

(f1) Frost Protection Season:

October 1st through May 15th of each year. The APCO may adjust these dates slightly to conform with other applicable regulations.

(f2) Extreme Frost Season:

Any frost season declared by the County Agricultural Commissioner as an “extreme frost season”.

(i1) Irrigation Season:

May 15th through October 31st of each year. The APCO may adjust these dates slightly to conform with other applicable regulations.

(g1) Gainful Occupation:

The engagement in a legal (taxpaying) business either as an individual, a partnership or a corporation.

(p1) Portable Diesel Engine:

Any diesel engine that is designed to be moved from place to place for emergency and non- emergency use and does not move under its own power. Examples include, but are not limited to; trailer or skid mounted generators, air compressors, welders and truck-mounted auxiliary engines. For the purposes of this regulation, and to be consistent with the intent of Title 17, Section 93115 et. seq., a diesel engine defined as portable but used in agricultural operations on the same property or within the same ownership shall be considered a stationary engine.

(p2) Possession:

Possession is defined as owning, operating or controlling a diesel engine or having ownership of the property on which the diesel engine is operated or located.

(r1) Rated Horsepower

The rating listed on a manufacture’s plate permanently attached to the engine.

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(r2) Registered Agricultural Equipment:

Diesel engines, including pumps, registered with the District under the Agricultural Engine Registration Program.

(r3) Registered Portable Equipment:

Portable engines registered with the State of California Air Resources Board (ARB) voluntary Portable Equipment Registration Program (PERP).

(r4) Remotely Located Agricultural Engine:

Diesel engines used exclusively for agricultural purposes that are located more than 800 meters (1/2 mile) from residential areas, schools, and hospitals.

(r5) Residential Area:

Residential Area means three or more permanent residences (i.e., homes) located outside the property lines of the agricultural facility.

(s1) School or School Grounds:

Any public or private school used for the purpose of the education of more than twelve (12) children up through grade twelve (12). School or school grounds includes; any building or structure, playground, athletic field, or other areas of school property but does not include unimproved or closed school properties.

(s2) Significant Repair:

Any repair to a stationary or portable diesel engine exceeding $1,500 excluding labor and consumable costs. Multiple repairs on one engine within three months shall be considered a single repair.

(s3) Stationary Diesel Engine:

Any diesel powered engine that is permanently attached to a structure or dwelling or is attached to equipment that is designed to remain stationary to be used or any portable diesel powered engine that remains in one location for 12 consecutive months shall be considered stationary.

RULE 3.9-200 – PROHIBITIONS

(a)No person shall own, operate or possess a stationary diesel engine over 50 horsepower without a valid Permit from the District.

(b)No person shall own, operate or possess a portable diesel engine over 50 horsepower without a valid Permit to Operate or Registration from the District or the California Air Resources Board.

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(c)No person shall own, operate or possess an agricultural diesel engine over 50 horsepower without a valid Permit or Registration from the District.

Rule 3.9-210 – CIRCUMVENTION

(a)No person shall build, erect, install or use any article, machine, equipment, device or other contrivance the use of which conceals an emission which would otherwise be subject to this Regulation.

(b)Emissions from any single process, device or operation shall be considered a single emissions point.

RULE 3.9-300 – AGRICULTURAL DIESEL ENGINE REGISTRATION PROGRAM

(a)All Agricultural diesel engines over 50 Hp shall be registered with the District.

(b)All applications for registration of agricultural diesel engines must include any and all information requested by the District.

(c)All agricultural diesel engines over 50 horsepower shall be registered with the District under the name of the owner of the property on which the engine operates.

1.The District may request business or tax records as proof that the business is an agricultural operation.

(d)The annual of hours of operation of each registered engine shall be reported to the District.

(e)Agricultural engine registrations shall be valid for three-year periods. The first three-year period shall begin January 1, 2011 and end December 31, 2013. Registrations issued for less than three years shall be pro-rated to expire at the end of the designated three-year period.

RULE 3.9-310 - AGRICULTURAL DIESEL ENGINE REGISTRATION FEE SCHEDULE

(a)Beginning California State Fiscal Year 2013-14 and every three years thereafter the Agricultural Engine Registration fees shall be increased from the base fee set by the cumulative California CPI factor since the implementation.

(b)The base year for this fee shall be District fiscal year 2010/2011.

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RULE 3.9-400 – REMOTE LOCATION STATUS

(a)Any diesel engines used exclusively for agricultural purposes that are located more than 800 meters (1/2 mile) from residential areas, schools, and hospitals may be granted a Remote Location Status upon request. In-use agricultural diesel engines approved for a Remote Location Status may be exempt from the emission limits in Title 17, California Code of Regulations, Section 93115 et. seq.

(1)Any engines within 800 meters of a school which does not house students overnight may be granted remote location status if the registration contains a legally binding and enforceable condition limiting operation during the hours of 9:00am - 9:00pm to maintenance activities only.

(2)Any Remote Area Exemptions granted for engines located within 800 meters of a reopened or new school shall expire four years from the date the school begins operation.

(3)All requests for a Remote Location Status must be submitted to the District in writing and must include a map showing the location of the engine as well as any nearby residential areas, schools, and hospitals.

(4)Any existing agricultural diesel engine must be registered with the District prior to January 1, 2011 to be eligible for Remote Location Status.

(5)Any person who installs a new diesel engine or replaces an existing diesel engine must register the new engine with the District prior to the date of installation to be eligible for Remote Location Status.

RULE 3.9-500 - COMPLIANCE SCHEDULE

(a)All agricultural diesel engines not approved for an alternative compliance schedule shall comply with all applicable requirements of Title 17, California Code of Regulations, Section 93115 et. seq., “Airborne Toxic Control Measure for Stationary Compression Ignition

Engines.”

RULE 3.9-510 - ALTERNATIVE COMPLIANCE SCHEDULE

(a)An Alternative Compliance Schedule for operators of agricultural diesel engines may be granted if the engine meets the following requirements:

(1)The engine must be equipped with a non-resettable hour meter.

(2)The engine must be used exclusively for agricultural purposes.

(3)The engine must be registered with the District prior to January 1, 2011.

(4)The engine does not exceed 150 hours of use during the Frost Protection Season except during an “extreme frost season” as allowed by this Regulation.

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(5)The engine does not exceed 150 hours of use during the irrigation season.

(6)The engine is not located within 200 meters (220 yards) of a School or Hospital.

(A)Agricultural diesel engines within 200 meters (220 yards) of a school or hospital that have a Health Risk Assessment documenting a health risk under 1 in a million that has been approved by the District are eligible for the Alternative Compliance Schedule.

(B)Requests for an Alternative Compliance Schedule must be submitted to the District in writing.

(C)Use of the diesel engine for frost protection purposes must be reported to the District annually.

(D)Use of the diesel engine for irrigation purposes must be reported to the District annually.

(E)Tier 3 and Tier 4 diesel engines shall not be eligible for an Alternative Compliance Schedule.

RULE 3.9-520 - ALTERNATIVE COMPLIANCE SCHEDULE REQUIREMENTS

(a)Agricultural diesel engines approved for an Alternative Compliance Schedule shall be subject to the following requirements:

(1)Tier 0 and Tier 1 diesel engines shall be removed from service prior to January 1, 2021.

(2)Tier 0 and Tier 1 diesel engines shall be replaced with the highest tier engine available for purchase at the time of the replacement.

(3)Tier 2 engines shall be removed from service prior to January 1, 2026.

(4)Tier 2 engines shall be replaced with the highest tier engine available for purchase at the time of the replacement.

(b)If at any time the Air Resources Board extends the compliance dates set in Title 17, California Code of Regulations, Section 93115 et. seq. the Alternative Compliance Schedule shall be similarly extended.

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RULE 3.9-600 - TEMPORARY USE EXEMPTION

(a)A Temporary Use Exemption from the requirements of this Regulation may be granted for the temporary use of an agricultural diesel engine.

(b)A Temporary Use Exemption shall be granted only in the event of a verified emergency, an unforeseen delay in the installation of new equipment or line power, or imminent economic loss.

(1)A statement of imminent economic loss shall be accompanied by a letter from the Mendocino County Agricultural Commissioner or his/her representative.

(c)All requests for a Temporary Use Exemption must be submitted to the District in writing.

(d)A Temporary Use Exemption shall be granted for no more than a six (6) month period.

(e)A Temporary Use Exemption shall not be granted more than one time for the same location except in the event of a verified emergency.

RULE 3.9-700 – DECLARATION OF EXTREME FROST SEASON

(a)The Mendocino County Agricultural Commissioner may declare an extreme frost season when the hours necessary for frost protection exceed 150 hours in any given frost season.

(1)The declaration must be submitted to the District in writing no later than June 30th following the end of the frost season.

(2)The declaration must contain appropriate metrological documentation to support the declaration.

(3)The declaration can only be issued twice in any 10 year period.

RULE 3.9-800 – NOTIFICATION OF SALES AND SIGNIFICANT REPAIRS

(a)Any business that sells new or used diesel engines in Mendocino County shall provide a copy to the District upon request of annual sales reported to the California Air Resources Board as required by the California Code of Regulations, Section 93115.10.

(b)Any business that conducts repairs on stationary or portable diesel engines over 50 horsepower shall provide to the District upon request records of Significant Repairs as defined in Rule 3.9- 140 – Definitions.

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(c)Records of Significant Repairs shall include:

(1)A copy of the repair invoice(s)

(2)The name, address, and contact phone number of the business or individual who requested the repair.

(3)The location where the engine resides, if available.

(4)The date of the repairs.

RULE 3.9-900 – TRUCK IDLING SIGNAGE

(a)The California Air Resources Board has adopted a regulation (California Code of Regulations, Section 2485) that limits heavy duty truck idling in California to less than 5 minutes.

(b)The District may require the posting of permanent signs by the property owner informing drivers that excessive idling may result in fines at any location that is regularly used by more than three (3) heavy duty trucks as a parking or loading/unloading area.

(c)The signs must be posted in a location visible to drivers entering the property.

(d)Signs must be no smaller than 12” x 18”.

(e)Signs must be legible from a distance of 20 feet.

(f)At a minimum signs must contain the following text:

“STATE LAW

No Truck idling over 5 Minutes

Minimum $300 fine

CCR sec. 2485”

(g)The District may request modifications of signage to address local conditions or to comply with changes in state regulations.

(h)Nothing in this rule limits the District’s authority to restrict idling in any area identified by the District as an area of concern.

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