CHAPTER I - GENERAL PROVISIONS
RULE
1-140 - EMERGENCY CONDITIONS
RULE
1-160 – AMBIENT AIR QUALITY STANDARDS
Table
I-1 – Ambient Air Quality Standards
CHAPTER I - GENERAL PROVISIONS
These Rules and Regulations are adopted pursuant
to the provisions of Division 26 of the Health and Safety Code of the State of
(a)
The jurisdiction of the Mendocino County
Air Quality Management District shall be coterminous with the existing
boundaries of
(b)
The Mendocino County Air Quality Management
District lies within the
The
[Amended
These rules and regulations are set forth to
achieve and maintain such levels of air quality as will protect human health
and safety; prevent injury to plant and animal life; avoid damage to property;
and preserve the comfort, convenience and enjoyment of the natural attractions
of
It is the intent of the Mendocino County Air
Quality Management District to adopt and enforce rules and regulations which
assure that reasonable provisions are made to achieve and maintain state and
federal ambient air quality standards for the area under the District’s
jurisdiction and to enforce all applicable provisions of State law.
Except as otherwise specifically provided in
these rules and regulations, words used in these rules and regulations are used
in exactly the same sense as the same words are used in the federal Clean Air
Act Amendments of 1990 and as amended at the time of application, Title 40 of
the Code of Federal Regulations, Part 52.21, and Division 26 of the State of
California Health and Safety Code. Where
Title 40 of the Code of Federal Regulations, Part 52.21 refers to the
responsibilities of the Administrator of the U.S. Environmental Protection
Agency, the term Administrator shall be construed to mean Air Pollution Control
Officer.
[Amended
(a1) Agricultural
Operation:
The growing and
harvesting of crops, or the raising of fowl, animals or bees as a gainful
occupation, or forest management, or range improvement or in the improvement of
land for wildlife and game habitat, or disease or pest prevention.
(a2) Air
Contaminant:
Any discharge,
release, or other propagation into the atmosphere directly, or indirectly,
caused by man and includes, but is not limited to, smoke, charred paper, dust,
soot, grime, carbon, fumes, gases, odors, particulate matter, acid, or any
combination thereof.
(a3) Air Pollution
Abatement Operation:
Any operation that has as its essential purpose a significant
reduction in the emission of air contaminants or the effect of such emission.
(a4) Air Pollution
Control Officer (APCO):
The
Air Pollution Control Officer of the District
(a5) Ambient Air Quality Standard:
The specific concentrations and durations of air pollutants
that reflect the relationship between intensity and composition of pollution to
undesirable effects.
(a6) Approved Combustibles:
Brush, trees, and other vegetation grown on the property where it is to be burned.
(b1) Baseline Concentration:
That
ambient concentration level which exists in the baseline area at the time of
the establishment of the applicable baseline date as determined in accordance
with Section 52.21 of the Code of Federal Regulations. (40
(b2) Best
Available Control Technology (BACT):
An
emissions limitation based on the maximum degree of reduction of each air
contaminant subject to regulation under the federal Clean Air Act Amendments of
1990 and as amended at the time of application emitted from or that results
from any stationary or portable source or modification, which the Air Pollution
Control Officer, on a case by case basis, taking into account energy,
environmental, and economic impacts and other costs, determines is achievable
for such stationary source through application of production processes and
available methods, systems, and techniques for control of such air
contaminants. Said BACT determinations
may include a design standard, operational equipment specifications, fuel
restrictions, work practice or combination thereof. In no event shall application of BACT result
in emissions of any pollutants that will exceed the emissions allowed under
Rules 1-490 and 1-492 of this regulation.
If the reviewing authority determines that technological or economic
limitations on the application of measurement methodology to a particular
emissions unit would make the imposition of an emissions standard infeasible, a
design, equipment, work practice, operational standard or combination thereof, may
be prescribed instead to satisfy the requirements for the application of BACT
(40
The
BACT process shall be applied to any air contaminants that have been identified
as toxic air contaminants (
(c1) CAAA:
The Federal Clean Air
Act Amendments of 1990
(c2) CAPCOA:
California Air Pollution Control Officer’s Association
(c3) CCAA:
(c4)
Code of Federal
Regulations
(c5) Combustion
Contaminants:
Matter
discharged into the atmosphere from the burning of any kind of material,
excluding carbon dioxide and water.
(c6) Compression Ignition (CI)
Compression
ignition internal combustion engine.
(c7) Control Strategy:
A combination of measures designed to reduce air contaminant emissions in accordance with the State Implementation Plan for the Mendocino County Air Quality Management District.
(d1) District:
The Mendocino County
Air Quality Management District as required by California Health and Safety
Code, Section 40002 or a multi-county unified district authorized by Chapter 3,
Part 3, Division 26, of said code.
(d2) Dust:
Minute solid particles
released into the air by natural forces or by mechanical processes such as
grading, crushing, grinding, milling, drilling, demolishing, shoveling,
conveying, bagging, sweeping, etc.
(e1) Emissions:
The act of passing
into the atmosphere an air contaminant or gas stream that contains an air
contaminant, or the air contaminant so passed into the atmosphere.
(e2) Episode
Alert:
A condition in an air
basin whenever the concentration of any air contaminant in that air basin has
been verified to have reached a predetermined level that
threatens the ambient air quality standard as defined in Rule 1-160 depending
upon the particular topography and meteorology of the air basin.
"Verified" means the pertinent measuring instrument has been checked
over the following fifteen-minute period and found to be operating correctly.
(f1) Fumes:
"Fumes"
means vapors, mists, and airborne liquid or solid particulate matter or any
combination including these.
(g1) Geothermal
Operations:
Those activities
related to the extraction, transmission, and utilization of geothermal steam
that may directly, or indirectly, result in air contaminant emissions.
(h1) Hearing
Board:
The appellate review
board of the Mendocino County Air Quality Management District as provided for
by Section 40800 of the California Health and Safety Code.
(i1) Impact/Baseline
Area:
That
area where the concentration of emissions from a proposed source is predicted
to be 1 ug/m3 or greater, using an Environmental Protection Agency approved
ambient air quality model.
(i2) Indirect
Source:
A facility, building,
structure or installation, or combination thereof, that indirectly results in, or is
projected to result in unmitigated emissions
in excess of the following:
(i3) Installation:
The placement,
assemblage or construction of equipment or control apparatus at the premises
where the equipment or control apparatus will be used, and includes all
preparatory work at such premises.
(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 dispenser.
(m2) Maximum
Achievable Control Technology (MACT):
An emissions limitation which is not less stringent than the emissions limitation achieved in practice by the best controlled similar source, and which reflects the maximum degree of reduction in emissions that the permitting authority, taking into consideration the cost of achieving such emission reduction, and any non-air quality health and environmental impacts and energy requirements, determines is achievable by the source.
(m3) Modeling:
A procedure for
estimating the ambient air concentration of air contaminants based upon
emission profiles, dispersion simulations or other techniques approved by the
U.S. Environmental Protection Agency, the California Air Resources Board and/or
the Mendocino County Air Pollution Control Officer.
(m4) Modification:
"Modification"
means any change in the structure, location, operation, conditions of
operation, process materials or fuel of any stationary source that may increase
or decrease the amount of any air contaminant emitted into the atmosphere by
that source, and that is not already specifically allowed by a permit to
operate issued by the District. An
increase in production rate or in hours of operation beyond limits set in the
permit to operate from the District is a modification. Otherwise, an increase or decrease in
production rate or in hours of operation is not a modification.
(n1) Net Increase
in Emissions:
The amount by which
the sum of any increase in actual emissions from a particular physical change
or change in method of operation at a stationary source, and any other
increases and decreases in actual emissions at the source that are creditable
in accordance with 40
(o1) Operation:
Any
physical action resulting in a change in the location, form or physical
properties of a material, or any chemical action resulting in a change in the
chemical composition or the chemical or physical properties of a material.
(o2) Orchard,
Vineyard, or Citrus Grove Heater:
Any
article, machine, equipment or other contrivance, burning any type of fuel or
material capable of emitting air contaminants, used or capable of being used
for the purpose of giving protection from frost damage.
(o3) Organic Gas:
Any
molecular gas containing carbon and hydrogen, or carbon and hydrogen in
combination with any other element.
(o4) Owner:
Includes, but is not
limited to, any person who leases, supervises or operates equipment, in
addition to the normal meaning of ownership.
(p1) Particulate
Matter:
Any material, except
uncombined water, that exists in a finely divided form as a liquid or solid at
standard conditions.
(p2) Permit:
Refers to either an
authority to construct, temporary permit to operate or permit to operate,
whichever is legally in effect.
(p3) Person or
Persons:
An individual, public
or private corporation, political subdivision, agency, board, department or
bureau of the state, municipality, partnership, co-partnership, firm,
association, trust or estate, or any other legal entity whatsoever that is
recognized in law as the subject of rights and duties.
(p4) Portable Source:
All units of air contaminant emitting articles, machines, equipment or
other contrivance that are designed to be moved from location to location,
whose emitting source is not the motive power for such moving, and that does
not have a valid California Portable Equipment permit.
(p5) Potential to Emit:
The maximum capacity
of a stationary source to emit an air contaminant under its physical and
operational design, after considering physical and operational limitations that
are enforceable by conditions imposed by the District in both the Authority to Construct and Permit to Operate. (40
(p6) PPM:
Parts per million by
volume expressed on a dry gas basis.
(p7)
Prevention of
Significant Deterioration (
The
maximum allowable increase of ambient air quality above baseline concentration
in the three classified areas.
Allowable
micrograms per cubic meter
|
|
Class
I |
Class
II |
Class
|
|
Sulfur
Dioxide |
|
|
|
|
Annual Arithmetic Mean |
2 |
20 |
40 |
|
24-hour maximum* |
5 |
91 |
182 |
|
3-hour maximum |
25 |
512 |
700 |
|
|
|
|
|
|
Total
Suspended Particulate |
|
|
|
|
Annual Arithmetic Mean |
5 |
19 |
37 |
|
24-hour maximum* |
10 |
37 |
75 |
|
|
|
|
|
|
Particulate
Matter PM-10 |
|
|
|
|
Annual Arithmetic Mean |
4 |
17 |
34 |
|
24-hour maximum* |
8 |
30 |
60 |
|
|
|
|
|
|
Nitrogen
Dioxide |
|
|
|
|
Annual Average |
2.5 |
25 |
50 |
|
* Not to be exceeded more than once a year. |
|
|
|
(p7) Process Weight Per
Hour:
The
total weight, including contained moisture of all materials introduced into any
specific process which may cause any discharge into the atmosphere. Solid fuels charged will be considered as
part of the process weight, but liquid and gaseous fuels and combustion air
will not. The "process weight per
hour" will be derived by dividing the total process weight by the number
of hours in one complete operation from the beginning of any given process to
the completion thereof, excluding any time during which the equipment is
idle. For continuous processes, the
average hourly total weight of materials introduced into the process will be
used in calculations.
(p8) Precursor:
A substance that, when
released to the atmosphere, forms or causes to be formed or contributes to the
formation of another or secondary air pollutant for which a national ambient
air quality standard has been adopted, or whose presence in the atmosphere will
contribute to the violation of one or more national ambient air quality
standards. Presently identified
precursors and secondary pollutants are:
Precursors Secondary
Pollutants
Reactive organic gases a) Photochemical
oxidants (ozone O3)
b) Organic fraction of PM10
Nitrogen Oxides (NOx) a) Nitrogen dioxide (NO2)
b) Nitrates NO3
Sulphur
oxides (SOx) a) Sulfur dioxide (SO2)
b)
Sulfates (SO4=)
(s1) Section:
Refers
to a section of the Health and Safety Code of the State of
(s2) Significant:
The potential of a new
or modified source to emit air contaminants that would equal or exceed any of
the following rates, calculated on the basis of 24-hour emissions profiles:
Air Contaminant Significant
Emissions Rate
Carbon monoxide
Nitrogen oxides
Sulfur dioxide
Particulate matter
PM-10
Ozone
Lead
Asbestos
Beryllium
Mercury
Vinyl chloride
Fluorides
Sulfuric acid mist
Hydrogen sulfide (H2S)
Total reduced sulfur
(including H2S)
Hazardous Air
Pollutant (HAP)
listed pursuant to
Section 112(g)
of the federal Clean
Air Act
Amendments of 1990 and as
amended at the time
of application 10 tons per year of any one HAP
25 tons per year for two or more HAPs
* Volatile Organic
Compounds except for ethanol sources below the EPA yearly threshold (40 tons
per year).
Not withstanding the
above significant emissions rates for various air contaminants, significant
also means any net emissions increase from any new or modified stationary
source that would be constructed within
(s4) Stacking:
The
venting of geothermal steam from associated unit steam supply transmission line
into the atmosphere during associated power plant shutdowns (outages), startups
or load curtailments.
(s5) Standard
Conditions:
As used in these
regulations, refers to a gas temperature of 20 degrees Centigrade (68 degrees
Fahrenheit) and a gas pressure of
(s6) Standard
Cubic Meter of Gas (Standard Cubic Foot of Gas):
The
amount of gas that would occupy the specified cubic measure, if free of
combined water, at standard conditions.
(s7) Stationary
Source:
All units of air
contaminant emitting articles, machines, equipment or other contrivances, which
are located on adjacent or contiguous properties under the control of the same
person (or persons under common control) and all of which are determined by the
Air Pollution Control Officer to be related to one another through a similar
product, raw material or function and are included in the same standard
industrial classification.
(s8) Steam
Generating Unit:
Any furnace or boiler
used in the process of burning fuel for the purpose of producing steam by heat
transfer.
(t1) Total Reduced
Sulfur (TRS):
"TRS" means
total reduced sulfur contained in hydrogen sulfide, mercaptans, dimethyl
sulfide, dimethyl disulfide or other organic sulfide compounds, all expressed
as hydrogen sulfide. Sulfur dioxide,
sulfur trioxide, or sulfuric acid mists are not to be included in the
determination of TRS.
(t2) Toxic Air
Contaminant:
"Toxic air
contaminant" means any substance identified by the Air Resources Board as
a toxic air contaminant pursuant to California Health and Safety Code, Section
39650 et seq., or listed as a hazardous air pollutant pursuant to Subsection
(b) of Section 112 of the federal Clean Air Act (42 U.S.C. Sec. 7412(b)).
(t3) Trade
Secrets:
As used in these rules
and regulations, Trade Secrets include, but are not limited to, any formula,
pattern, process, tool, mechanism, compound, procedure, production data, or
compilation of information which is not patented, which is known only to
certain individuals within a commercial concern who are using it to fabricate,
produce, or compound an article of trade or to perform a service having
commercial value, and which gives its user an opportunity to obtain a business
advantage over competitors who do not know or use it.
(u1) URBEMIS:
Urban
Emissions Model. A
CARB approved computer program that can be used to estimate emissions
associated with land development projects in
In the event of atmospheric conditions causing a
dangerous or potentially hazardous concentration of air contaminants, the Air
Pollution Control Officer shall take immediate action in curtailing those
emissions known to be contributing to a possible episode situation.
In accordance with the provisions of Government
Code, Section 6254.7, all air pollution monitoring and emissions data in the
possession of the Air Quality Management District are public records. All information, analyses, plans or
specifications that disclose the nature, extent, quantity, or degree of air
contaminants or other pollution which any article, machine, equipment or other
contrivance will produce, which are in the possession of the Air Quality
Management District, are public records, with the exception of certified
"trade secrets". Trade secrets
may only be certified as such upon written request by the owner of said secrets
and concurrence of the Air Pollution Control Officer. Within 10 calendar days of receipt of any
documents containing trade secrets, so designated by the owner, the Air
Pollution Control Officer shall:
(a) Make a determination of certification of the
documents containing trade secrets and notify the owner that the documents will
be placed in a locked file to be made accessible only to the staff of the Air
Quality Management District or to the public following a court order.
(b) Return to the owner all documents that have
been designated as trade secrets, following a determination by the Air
Pollution Control Officer that they are not necessary in conducting the
activities of the Air Quality Management District.
(c) Notify the owner that the Air Pollution
Control Officer has determined that the documents do not meet the criteria
established for trade secrets. All such
documents will be considered as public records and will be so designated at the
end of a 30-day period, unless the owner files an appeal with the Air Quality
Management District Hearing Board.
Upon written request,
any specific public records in the possession of the Air Quality Management
District will be made available to the public within 10 calendar days. Such requests shall be in writing and a
reasonable fee may be charged, not to exceed the actual cost of providing the
requested information.
[Amended
The ambient air
quality standards of the Mendocino County Air Quality Management District shall
be those established by the California Air Resources Board and the U.S.
Environmental Protection Agency. (See
Table 1-1)
[Adopted
(a) If any provisions of these regulations shall
be rendered void or unconstitutional by judicial or other determination, all
other parts of these regulations that are not expressly held to be void or
unconstitutional shall continue in full force and effect.
(b) These regulations are not intended to permit
any practice which is in violation of any statute, ordinance, order or
regulation of the United States, State of California, county or incorporated
city; and no provisions contained in these regulations are intended to impair
or abrogate any civil remedy or process, whether legal or equitable, which
might otherwise be available to any person.
(c) These regulations shall be liberally
construed for the protection of the health, safety and welfare of the people of
(Tables)
Table I-1 – Ambient Air Quality Standards
|
||||||
|
Pollutant |
Averaging Time |
|
Federal Standards |
|||
|
Concentration 3 |
Method 4 |
Primary 3,5 |
Secondary 3,6 |
Method 7 |
||
|
Ozone (O2) |
1
Hour |
0.09
ppm (180
mg/m3) |
Ultraviolet
Photometry |
0.12
ppm (235
mg/m3)8 |
Same
as Primary Standard |
Ethylene
Chemiluminescence Ultraviolet
Photometry |
|
8
Hour |
--- |
0.08
ppm (157
mg/m3)8 |
||||
|
Respirable
Particulate Matter (PM10)* |
Annual Geometric Mean |
30
mg/m3 |
Size
Selective Inlet Sampler Gravimetric
or Beta Attenuation |
----- |
Same
as Primary Standard |
Inertial
Separation and Gravemetric Analysis |
|
24
hour |
50
mg/m3 |
150
mg/m3 |
||||
|
Annual Arithmetic Mean |
20
mg/m3 |
50
mg/m3 |
||||
|
Fine
Particulate Matter (PM2.5) |
24
Hour |
No
|
65
mg/m3 |
Same
as Primary Standard |
Inertial
Separation and Gravemetric Analysis |
|
|
Annual Arithmetic Mean |
12
mg/m3 |
Gravimetric
or Beta Attenuation* |
15
mg/m3 |
|||
|
Carbon
Monoxide (CO) |
8
Hour |
9.0
ppm (10 mg/m3) |
Non-Dispersive
Infrared Photometry (NDIR) |
9
ppm (10 mg/m3) |
None |
Non-Dispersive
Infrared Photometry (NDIR) |
|
1
Hour |
20
ppm (23 mg/m3) |
35
ppm (40 mg/m3) |
||||
|
8
Hour ( |
6
ppm (7 mg/m3) |
--- |
--- |
--- |
||
|
Nitrogen
Dioxide (NO2) |
Annual Arithmetic Mean |
--- |
Gas
Phase Chemiluminescence |
0.053
ppm (100
mg/m3) |
Same
as Primary Standard |
Gas
Phase Chemiluminescence |
|
1
Hour |
0.25
ppm (470
mg/m3) |
--- |
||||
|
Sulfur
Dioxide (SO2) |
Annual Arithmetic Mean |
--- |
Ultraviolet
Fluorescence |
0.03
ppm (80
mg/m3) |
--- |
Spectrophotometry
(Pararosaniline Method) |
|
24
Hour |
0.04
ppm (105
mg/m3) |
0.14
ppm (365
mg/m3) |
--- |
|||
|
3
Hour |
--- |
--- |
0.5
ppm (1300
mg/m3)8 |
|||
|
1
Hour |
0.025
ppm (655mg/m3) |
--- |
--- |
--- |
||
|
Lead9 |
30
Day Average |
1.5
mg/m3 |
AIHL
Method 54 (12/74) Atomic
Absorption |
--- |
--- |
--- |
|
Calendar
Quarter |
--- |
1.5
mg/m3 |
Same
as Primary Standard |
High
Volume Sampler and Atomic Absorption |
||
|
Visibility
Reducing Particles |
8
Hour (10
am to 6 pm PST) |
In sufficient amount to produce an extinction
coefficient of 0.23 per kilometer - visibility of ten miles or more due to
particles when relative humidity is less than 70 percent. |
No Federal Standards |
|||
|
Sulfates |
24
Hour |
25
mg/m3 |
Ion
Chromatography* |
|||
|
Hydrogen
Sulfide |
24
Hour |
0.03
ppm (42
mg/m3) |
Cadmium
Hydroxide STRactan Ultraviolet
Fluorescence |
|||
|
Vinyl
Chloride9 |
24
Hour |
0.01
ppm (26
mg/m3) |
Gas
Chromatography |
|||
|
* On See also footnotes below |
||||||
Footnotes:
1.
2. National standards (other than ozone,
particulate matter, and those based on annual averages or annual arithmetic mean)
are not to be exceeded more than once a year.
The ozone standard is attained when the fourth highest eight-hour
concentration in a year, averaged over three years, is equal to or less than
the standard. For PM10, the
24-hour standard is attained when 99 percent of the daily concentrations,
averaged over three years, are equal to or less than the standard. For PM2.5, the 24-hour standard is
attained when 98 percent of the daily concentrations, averaged over three
years, are equal to or less than the standard.
Contact U.S. EPA for further clarification and current federal policies.
3. Concentration is expressed first in units in
which it was promulgated. Equivalent
units given in parentheses are based upon a reference temperature of
4. Any equivalent procedure that can be shown to
the satisfaction of ARB to give equivalent results at or near the level of the
air quality standard may be used.
5. National Primary Standards: The level of air
quality necessary, with an adequate margin of safety, to protect the public
health.
6. National Secondary Standards: The level of
air quality necessary to protect the public welfare from any known or
anticipated effects of a pollutant.
7. Reference method as described by the U.S.
EPA. An “equivalent method” of
measurement may be used but must have a “consistent relationship to the
reference method” and must be approved by the U.S. EPA.
8. New (federal) national 8-hour ozone and fine
particulate matter standards were promulgated by U.S. EPA on
9. The ARB has identified lead and vinyl
chloride as ‘toxic air contaminants’ with no threshold level of exposure for
adverse health effects determined. These
actions allow for the implementation of control measures at levels below the
ambient concentrations specified for these pollutants.