CHAPTER IV – PROHIBITIONS

 

RULE 1-400 - GENERAL LIMITATIONS. 2

RULE 1-410 - VISIBLE EMISSIONS. 2

RULE 1-420 - PARTICULATE MATTER.. 3

RULE 1-430 - FUGITIVE DUST EMISSIONS. 5

RULE 1-440 - SULFUR OXIDE EMISSIONS. 5

RULE 1-455 - GEOTHERMAL EMISSION STANDARDS. 5

RULE 1-470 - REDUCTION OF ANIMAL MATTER.. 8

RULE 1-480 - ORCHARD, VINEYARD, AND CITRUS GROVE HEATERS. 8

RULE 1-482 - PETROLEUM LOADING AND STORAGE.. 8

RULE 1-490 - FEDERAL NEW SOURCE PERFORMANCE STANDARDS (NSPS) 9

RULE 1-492 - NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS (NESHAPs) 9


CHAPTER IV – PROHIBITIONS

 

RULE 1-400 - GENERAL LIMITATIONS

 

(a)   Public Nuisance

A person shall not discharge from any source whatsoever such quantities of air contaminants or other material that cause injury, detriment, nuisance or annoyance to any considerable number of persons or to the public or that endanger the comfort, repose, health or safety of any such persons or the public or that cause or have a natural tendency to cause injury or damage to business or property, (Health and Safety Code, Section 41700).

 

The limitations of Rule 1-400(a) do not apply to odors emanating from agricultural operations necessary for the commercial growing of crops or the raising of fowl or animals, as may be exempted in California Health and Safety Code, Section 41705.

[Amended 5/6/03]

 

(b)   Circumvention

A person shall not construct, erect, modify, operate or use any equipment that conceals or tends to conceal an air contaminant emission that would be subject to the rules and regulations of the Mendocino County Air Quality Management District or to state law regarding air pollution, or that prevents the determination of compliance with the District's rules and regulations or with applicable state law, unless the operation or use of such equipment results in a verifiable and enforceable significant reduction in the emission of air contaminants that are or would be concealed or determination of whose compliance would be prevented.  A person shall not discharge air contaminants into the atmosphere from any source whatsoever except in such fashion as to permit determination of compliance with applicable rules and regulations of the Mendocino County Air Quality Management District and with applicable provisions of state law.

[Amended April 6, 1993]

 

 

RULE 1-410 - VISIBLE EMISSIONS

 

(a)   A person shall not discharge into the atmosphere from any source whatsoever any air contaminant for a period or periods aggregating more than three (3) minutes in any one hour that is as dark or darker in shade as that designated as No. 1 on the Ringlemann Chart, as published by the United States Bureau of Mines; or of such opacity as to obscure an observer's view to a degree equal to or greater than Ringlemann 1 or twenty (20) percent opacity.

 

(b)   The provisions of Rule 1-410(a) do not apply to excessive visible emissions caused by:

(1)     Failure of the emission to meet the requirements solely because of the presence of uncombined water.

 

(2)     Smoke from fires set pursuant to Regulation 2 of the Mendocino County Air Quality Management District.

 

(3)     Smoke from fires set or permitted by any public officer in the performance of his official duty for the improvement of watershed, range or pasture.  (Health and Safety Code, Section 41704(c))

 

(4)     Use of any aircraft to distribute seed, fertilizer, insecticides, or other agricultural aids over lands devoted to the growing of crops or the raising of fowl or animals.  (Health and Safety Code, Section 41704(d))

 

(5)     Open outdoor fires used only for cooking of food for human beings or for recreational purposes.  (Health and Safety Code, Section 41704(e))

 

RULE 1-420 - PARTICULATE MATTER

 

(a)   General Combustion Sources

A person shall not discharge particulate matter into the atmosphere from any combustion source in excess of 0.46 grams per standard cubic meter (0.20 grains per standard cubic foot) of exhaust gas, calculated to 12 percent carbon dioxide; or in excess of the limitations of NSPS, Rule 1-490, as applicable.

 

(b)   Steam Generating Units

A person shall not discharge particulate matter into the atmosphere from any steam generating unit, installed or modified after July 1, 1976, in excess of 0.23 grams per standard cubic meter (0.10 grains per standard cubic foot) of exhaust gas, calculated to 12 percent carbon dioxide; or in excess of the limitations of NSPS Rule 1-490.

 

(c)   Non-Combustion Sources

A person shall not discharge particulate matter into the atmosphere from any non-combustion source in excess of 0.46 grams per actual cubic meter (0.20 grains per cubic foot) of exhaust gas or in total quantities in excess of the amount shown in Table I, whichever is the more restrictive condition.


TABLE I

ALLOWABLE RATE OF EMISSION BASED ON

PROCESS WEIGHT RATE

------------------------------------------------------------------------------------------------------------

Process Weight                 Rate of                           Process Weight                    Rate of

         Rate                       Emission                                 Rate                             Emission

------------------------------------------------------------------------------------------------------------

Lbs/Hr                  Kg/Hr         Lbs/Hr                              Lbs/Hr             Kg/Hr         Lbs/Hr

------------------------------------------------------------------------------------------------------------

   100                        45               0.55                              6,000                 2,720              8.6

   200                        92               0.88                              7,000                 3,380              9.5

   400                      183               1.40                              8,000                 3,680            10.4

 

   600                      275               1.83                              9,000                 4,134            11.2

   800                       377              2.22                            10,000                 4,540            12.0

1,000                       454              2.58                            12,000                 5,460            13.6

 

1,500                       681              3.38                            16,000                 7,260            16.5

2,000                       920              4.10                            18,000                 8,220            17.9

2,500                    1,147              4.76                            20,000                 9,070            19.2

 

3,000                    1,362              5.38                            30,000                13,600            25.2

3,500                    1,690              5.96                            40,000                18,100            30.5

4,000                    1,840              6.52                            50,000                22,700            35.4

5,000                    2,300              7.58                            60,000                27,200            40.0

or more

 

Where the process weight per hour is between two listed figures, such process weight and maximum allowable particulate emission per hour shall be interpolated linearly.  The total process weight of all similar process operations located at a single plant or of similar multiple plants located on a single premise, shall be used for determining the maximum allowable particulate emission from the combination of such operations.

 

(d)   Geothermal Well Drilling

Notwithstanding the provisions of Rule 1-420(d), a person shall not discharge particulate into the atmosphere from any geothermal steam source in excess of the quantity established by the following formula:

y = .00069X + 1.4

 

where y is the particulate emission rate limitation in kilograms per hour (averaged over one hour) and X is the steam rate in kilograms per hour passing through a geothermal well drilling operation or any geothermal well being vented for clean out.


RULE 1-430 - FUGITIVE DUST EMISSIONS

 

This Rule prohibits the handling, transportation, or open storage of materials, or the conduct of other activities in such a manner that allows or may allow unnecessary amounts of particulate matter to become airborne except under the following circumstances:

 

(a)     Reasonable precautions shall be taken to prevent particulate matter from becoming airborne, including, but not limited to, the following provisions:

(1)     Covering open bodied trucks when used for transporting materials likely to give rise to airborne dust.

(2)     Installation and use of hoods, fans, and fabric filters to enclose and vent the handling of dusty materials. 

(3)     The screening of all open-outdoor sandblasting and similar operations.

(4)     The use of water or chemicals for the control of dust during the demolition of existing buildings or structures.

 

(b)     The following airborne dust control measures shall be required during all construction operations, the grading of roads, or the clearing of land

(1)     All visibly dry disturbed soil road surfaces shall be watered to minimize fugitive dust emissions.

(2)     All unpaved surfaces, unless otherwise treated with suitable chemicals or oils, shall have a posted speed limit of 10 miles per hour.

(3)     Earth or other material that has been transported by trucking or earth moving equipment, erosion by water, or other means onto paved streets shall be promptly removed.

(4)     Asphalt, oil, water or suitable chemicals shall be applied on materials stockpiles, and other surfaces that can give rise to airborne dusts.

(5)     All earthmoving activities shall cease when sustained winds exceed 15 miles per hour.

(6)     The operator shall take reasonable precautions to prevent the entry of unauthorized vehicles onto the site during non-work hours.

(7)     The operator shall keep a daily log of activities to control fugitive dust.

(c)     During recreational activities adequate dust control shall be maintained to prevent dust from migrating off the property where the activity is occurring.

[Amended 5/6/03]

RULE 1-440 - SULFUR OXIDE EMISSIONS

A person shall not discharge into the atmosphere from any single source of emissions whatsoever sulfur oxides, calculated as sulfur dioxide (SO2) in excess of 1,000 ppm; or in excess of the specific source emissions limitations of New Source Performance Standards Rule 1-490 (NSPS) of the Mendocino County Air Quality Management District, as applicable.

 

RULE 1-455 - GEOTHERMAL EMISSION STANDARDS

 

(a)   No person shall discharge into the atmosphere from any geothermal operation sulfur compounds, calculated as sulfur dioxide (SO2), in excess of 1,000ppm(v).

(1)     Notwithstanding Rule 1-400(b) and Rule 1-455(a) geothermal wells on standby bleed shall be authorized in writing by the Air Pollution Control Officer to exceed 1000 ppm(v) (as measured in the bleeding steam) provided all the following conditions, which shall be annually verified, are met:

(A)    The geothermal well on standby bleed will emit less H2S in pounds hour than if operated at or below 1000 ppm(v).

(B)    An air aspirator or other device(s) approved by the Air Pollution Control Officer is used to lower the emissions level to below 1000 ppm(v) at the point of emissions exit.

(C)    All other applicable emissions limitations in Regulation 1 are not exceeded.

(D)    The geothermal well on standby bleed, singularly or when combined with sources on the same well pad site or from adjacent well pad sites (within 33 meters), will not create a public nuisance as defined in Rule 1-400(a).

 

(b)   No person shall discharge hydrogen sulfide (H2S) into the atmosphere at a rate that exceeds 50 grams per hour per Gross Megawatt.

(1)     Gross Megawatt refers to the source's full load gross generating capacity of the turbine generator as guaranteed by the turbine generator manufacturer. 

(2)     Compliance shall be verified by the source testing or protocol method approved by the District for the applicable emission source(s).

 

(c)   In no case shall the hydrogen sulfide emissions from a geothermal power generating facility exceed 1 kg/hr.

 

(d)   The 1 kg per hour limit shall not apply to geothermal power generating facilities of 20 megawatt electrical generating capacity or less provided:

 

(1)     No more than one such facility is within a 1.0 km radius area from any existing power plant facility (as of Jan. 1, 1985), and no more than one such facility is within a 0.5 km radius area of another, or

(2)     The facility can provide a significant net annual H2S emissions reduction.

 

(e)   Each geothermal facility may be allowed to establish a protocol acceptable to the District that specifies the manner in which the facility will be operated to meet the emissions limitations set forth in sections (b) and (c) above.  Each protocol shall specify if applicable:

 

(1)     the frequency and method of sampling the incoming steam quality and flow rates;

(2)     the frequency and method of adjusting chemical feed rate settings;

(3)     the frequency and method of instrument and testing equipment calibration;

(4)     the predicted relationship between incoming steam quality and flow rates, chemical feed rates, and H2S emissions;

(5)     the frequency and method of emissions source testing;

(6)     data logging requirements;

(7)     the locations of all logs and source test records; and

(8)     the requirement that periodic source tests be performed.

 

Each operating protocol can be modified by mutual agreement between the District and the operator.  Changes in operating protocol(s) shall not take effect until copies of the revised protocol(s) are filed at the District office and the facility.  Compliance with the operating protocol approved by the Air Pollution Control Officer shall be deemed compliance with the H2S emissions limitations of this rule.

 

The major purpose of the protocol method is to provide a practical means of compliance with the specified emissions limitations given variations in incoming steam quality, chemical abatement system performance, and emission source test accuracy.  A form of transferable emissions credits or allocation (pound for pound) among specified power plants shall be allowed in the protocol(s) as long as in the opinion of the Air Pollution Control Officer that enforceability can be reasonably achieved and ambient air quality would not be substantially degraded.

 

(f)    Any geothermal power plant and associated steam transmission line, for which applications are submitted for Authority to Construct processing shall employ Best Available Control Technology for stacking event avoidance.

 

(g)   A summary of the data required to determine compliance with applicable provisions of this rule shall be submitted to the Air Pollution Control Officer.  This summary shall be presented in the manner, frequency and form as prescribed by the Air Pollution Control Officer.

 


RULE 1-470 - REDUCTION OF ANIMAL MATTER

 

A person shall not operate or use any article, machine, equipment or other contrivance for the reduction of animal matter, unless all gases, vapors and gas-entrained effluents that contain odorous material are:

 

(a)   Incinerated at temperatures of not less than 1200 degrees Fahrenheit for a period of not less than 0.3 second; or

(b)   Processed in such a manner determined by the Air Pollution Control Officer to be equally, or more effective for the purpose of air pollution control than (a) above.

(1)     A person incinerating or processing gases, vapors, or gas entrained effluents pursuant to this rule shall provide, install, maintain in calibration, and continuously operate instruments and monitoring devices, as specified by the Air Pollution Control Officer, for indicating temperature, pressure or other operating conditions.

For the purpose of this prohibition, "reduction" is defined as any heated process, including rendering, cooking, drying, dehydrating, digesting, evaporating and protein concentrating.

 

RULE 1-480 - ORCHARD, VINEYARD, AND CITRUS GROVE HEATERS

 

(a)   No new orchard, vineyard or citrus grove heater produced or manufactured shall be sold for use against frost damage unless the California Air Resources Board has approved it. (Health and Safety Code, Section 41860)

(b)   No person shall use any orchard, vineyard or citrus grove heater unless of a type from an approved listing by the California Air Resources Board which does not produce more than one gram per minute of unconsumed solid carbonaceous material. (Health and Safety Code, Section 41860)

 

RULE 1-482 - PETROLEUM LOADING AND STORAGE

 

(a)   All petroleum storage tanks in excess of 40,000 gallons capacity shall conform to the requirements of Rule 1-490.

(b)   No person shall install or maintain any stationary gasoline tank with a capacity of 250 gallons or more that is not equipped for loading through a permanent submerged fill pipe. (Health and Safety Code, Section 41950)

(1)     For the purpose of Rule 1-482(b) "gasoline" means any petroleum distillate having a Reid vapor pressure of four pounds or greater.

(2)     For the purpose of Rule 1-482(b) "submerged fill pipe", means any fill pipe that has its discharge opening entirely submerged when the liquid level is six inches above the bottom of the tank.  "Submerged fill pipe" when applied to a tank that is loaded from the side, means any fill pipe that has its discharge opening entirely submerged when the liquid level is 18 inches above the bottom of the tank.

(c)   The requirements of Rule 1-482(b) shall not apply:

(1)     To any stationary tanks installed prior to December 31, 1970.

(2)     To any stationary tank that is used primarily for the fueling of implements used in agricultural operations.

(3)     To any "pressure tank" that maintains working pressure sufficient at all times to prevent hydrocarbon vapor or gas loss to the atmosphere.

(4)     To any tank equipped with a "vapor recovery system" consisting of a vapor gathering system capable of collecting the hydrocarbon vapors and gases discharged and a vapor disposal system capable of processing such vapors and gases so as to prevent their emission into the atmosphere, with all tank gauging and sampling devices gastight except when gauging or sampling is taking place.

(5)     To any tank equipped with a "floating roof" that consists of a pontoon-type or double-deck-type roof, resting on the surface of the liquid contents and equipped with a closure seal, or seals, to close the space between the roof edge and tank wall.  A floating roof tank shall not be used if the gasoline or petroleum distillate has a vapor pressure of 570 millimeters of mercury absolute (11.0 pounds per square inch absolute) or greater, under actual storage conditions.  All tank gauging and sampling devices shall be gastight except when gauging or sampling is taking place.

 

RULE 1-490 - FEDERAL NEW SOURCE PERFORMANCE STANDARDS (NSPS)

 

(a)   The provisions of Part 60, Chapter 1, Title 40 of the Code of Federal Regulations (40 CFR Part 60), Standards of Performance for New Stationary Sources, that are in effect at the time of reading are incorporated herein as a part of the Rules and Regulations of the Mendocino County Air Quality Management District.  All new sources of air contaminants or modifications to existing sources shall comply with the rules, standards, criteria and requirements set forth in those provisions.  For the purpose of this rule, the word "Administrator" as used in the federal new source performance standards shall mean the Air Pollution Control Officer of the District, except that the Air Pollution Control Officer shall not be empowered to approve alternate or equivalent test methods nor alternative standards or work practices.  Other deviations from these federal standards as presented in the Code of Federal Regulations and that were ordered by the District Board to suit the needs of the District shall be noted in the affected Subpart.  As of May 6, 2003 there are no deviations.

[Amended 4/6/93; 5/6/03]

 

(b)   Whenever any source is subject to more than one rule, regulation, provision, or requirement relating to the control of any air contaminant, in cases of conflict or duplication, the most stringent rule, regulation provision, or requirement shall apply.

(c)        For the purpose of Federal enforcement:

Notes:

(1)     The emissions averaging periods specified in the federal standard are deleted and replaced with 24-hour maximum emissions averaging periods for affected facilities in the District.

(2)     The observation of a leak in excess of the requirements of the rule constitutes a violation of the rule.

(3)     California Air Resources Board (CARB) Certification and Test Procedures for Vapor Recovery Systems of Gasoline Delivery Tanks shall be followed in lieu of the federal procedure as shown in the CFR.  Documentation and record keeping requirements shall record results of CARB Certification Tests.

 

RULE 1-492 - NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS (NESHAPs)

 

The provisions of Part 61, Chapter 1, Title 40 of the Code of Federal Regulations (40 CFR, Part 61) National Emission Standards for Hazardous Air Pollutants are incorporated herein as a part of the Rules and Regulations of the Mendocino County Air Quality Management District.  For the purpose of this rule, the word "Administrator" as used in these national emission standards for hazardous air pollutants shall mean the Air Pollution Control Officer of the District, except that the Air Pollution Control Officer shall not be empowered to approve alternate or equivalent test methods nor alternative standards/work practices.  Other deviations from these federal standards as presented in the CFR and that were ordered by the Mendocino County Air Quality Management District Board to suit the needs of the District shall be noted in the affected Subpart.  As of May 6, 2003 there are no deviations.  Whenever any source is subject to more than one rule, regulation, provision, or requirement relating to the control of any air contaminant, in cases of conflict or duplication, the most stringent rule, regulation, provision, or requirement shall apply.

 

[Amended 5/6/03]