State California Regulations TITLE 17. PUBLIC HEALTH DIVISION 3. AIR RESOURCES database is current through 09/29/06, Register 2006, No. 39 s 60000. Purpose. The regulations set forth in this subchapter shall supplement provisions in the Mulford-Carrell Air Resources Act (Division 26 of the Health and Safety Code), the Administrative Procedure Act, and the California Environmental Quality Act with regard to meetings and hearings of the state board and the executive officer. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 39000, et seq., Health and Safety Code; Sections 11340, et seq., Government Code; and Section 21080.5, Public Resources Code. s 60001. Scheduling of Meetings. Meetings shall be scheduled by the chairperson or the executive officer of the state board, who may with appropriate notice change the starting time of any proceeding or reschedule, cancel, or continue the proceeding. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 39513, 39515, 39516, and 39600, Health and Safety Code; Section 11129, Government Code. s 60002. Notice. In addition to providing notice of state board meetings and hearings as required by statute, notice shall be mailed to state and local government agencies having jurisdiction by law with respect to a proposed activity of the state board and to persons who request such notice in writing. For informational purposes, notice may be provided to newspapers of general circulation, to all persons believed to be interested in the proceeding, and to the State Clearinghouse for circulation to public agencies. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 39002, 41502 and 41650, Health and Safety Code; Sections 11125 and 11346.5, Government Code. s 60003. Quorum. The presence of a majority of the total appointed members of the state board shall constitute a quorum, and formal decisions shall be by vote of a majority of the quorum. No formal decision on any item shall be made in the absence of a quorum. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: FTC v. Flothill Products, 389 U.S. 179, 183 (1967); Vita-Pharmacals v. Board of Pharmacy, 110 Cal.App.2d 826 (1952); Robert's Rules of Order . s 60004. Record of Proceedings. (a) Board proceedings shall be recorded electronically, or by other appropriate means. The recording or transcript shall be made available to the public for review at the state board's main office. At the request of the state board, the executive officer, or any interested person, the proceedings shall be recorded by a certified court reporter and the cost thereof borne by the person making the request. Upon a showing of need, economic hardship, and the public interest to be served, any person may request, and the state board or executive officer may grant, a transcript of specified proceedings at state board expense. (b) For every rulemaking proceeding, the secretary of the state board shall maintain a file as required by Government Code Section 11347.3. Note: Authority cited: Section 39601, Health and Safety Code. Reference: Section 39600, Health and Safety Code; Sections 6250 et seq. and 11347.3, Government Code. s 60005. Staff Reports. (a) Where a public hearing is required by law or where the action contemplated may have a significant effect on the environment, a staff report, together with the proposed rule, regulation, order, standard or plan shall be prepared and published by the staff of the state board. For rulemaking proceedings governed by the Administrative Procedure Act, the staff report shall be published at least 45 days before the date of the public hearing. For all other such proceedings, the staff report shall be published as early as reasonably practicable prior to the proceeding. Staff reports shall be available for public review and comment and shall be distributed to all governmental agencies having jurisdiction by law over the proposed activity and to persons who have requested such reports. (b) It is the policy of the state board to prepare staff reports in a manner consistent with the environmental protection purposes of the state board's regulatory program and with the goals and policies of the California Environmental Quality Act (CEQA; Public Resources Code Sections 21000 et seq.). All staff reports shall contain a description of the proposed action, an assessment of anticipated significant long or short term adverse and beneficial environmental impacts associated with the proposed action and a succinct analysis of those impacts. The analysis shall address feasible mitigation measures and feasible alternatives to the proposed action which would substantially reduce any significant adverse impact identified. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Section 21080.5, Public Resources Code. s 60006. Environmental Alternatives. Any action or proposal for which significant adverse environmental impacts have been identified during the review process shall not be approved or adopted as proposed if there are feasible mitigation measures or feasible alternatives available which would substantially reduce such adverse impact. For purposes of this section, "feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors, and consistent with the state board's legislatively mandated responsibilities and duties. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Section 21080.5, Public Resources Code. s 60007. Response to Environmental Assessment. (a) If comments are received during the evaluation process which raise significant environmental issues associated with the proposed action, the staff shall summarize and respond to the comments either orally or in a supplemental written report. Prior to taking final action on any proposal for which significant environmental issues have been raised, the decision maker shall approve a written response to each such issue. (b) Notice of the final action and the written response to significant environmental issues raised shall be filed with the Secretary of the Resources Agency for public inspection. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Section 21080.5, Public Resources Code. s 60008. Local District Amendment of Regulations Adopted by State Board. (a) For one year after the state board's adoption for a district of any program or portion thereof or rule, or regulation, any amendment by a district pursuant to its own regulations, of such program or portion thereof or rule, or regulation, shall not be effective for any purpose unless and until the state board finds that such amendment will not interfere with the district's ability to achieve and maintain the state's ambient air quality standards. The state board may at any time, by resolution adopted either on its own motion or at the request of an affected district, exempt from the provisions of this section any program or portion thereof or rule, or regulation adopted by it for a local district. (b) Upon amendment by a district, within the one-year period provided in paragraph (a), of a program or portion thereof or rule, or regulation, adopted for it by the state board, the district shall file such amendment with the general counsel of the state board, accompanied by a request for review pursuant to this section. Within thirty (30) days of such filing, the board's executive officer shall review the amendment for the purpose of making the state board finding set forth in paragraph (a). In the event the executive officer finds that the amendments do not satisfy the requirements of paragraph (a), the executive officer shall notify the district in writing of such finding and set forth the specific reasons therefor. Unless the executive officer so notifies the district within the thirty-day period specified herein, the state board shall be deemed to have made the finding set forth in paragraph (a) of this section. (c) The determination of the executive officer pursuant to paragraph (b) of this section shall be reviewable by the state board pursuant to the procedures set forth in Sections 60020-60023 of Title 17 of the California Administrative Code. Note: Authority cited: Sections 39600, 39601 and 41504, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 41500, Health and Safety Code. s 60020. Petition. (a) A petition to the state board for review of action taken by the executive officer relating to the matters set forth in Health and Safety Code Section 39515(c) must be received by the state board or postmarked no later than thirty (30) days from the date of the action sought to be reviewed. (b) Any air pollution control district, air quality planning agency, or member of the public shall, upon written request to the board secretary, be mailed notice of such executive officer action at the time it is taken. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Section 39515, Health and Safety Code. s 60021. Scheduling of Board Review; Procedure for Stay. (a) Upon receipt of a petition for review of an executive officer action, the matter shall be placed on the agenda of the next regularly scheduled board meeting to take place at least ten (10) days following receipt of the petition. A notice shall be promptly mailed to the petitioner and to all parties who participated in any executive officer hearing on the action being reviewed. (b) The executive officer action shall remain in full force and effect pending state board review unless petition for review demonstrates to the satisfaction of the executive officer that a stay of the action is needed to prevent irreparable injury to the public or an affected member thereof. If, in its initial consideration of a petition for review, the board does not take final action on the petition, or at any other time, the board may, at the request of the petitioner or on its own motion, grant a stay of the executive officer action pending final board action. (c) The board or the executive officer shall have the power, on a showing of good cause by the petitioner, to continue the hearing on the petition to the next regularly scheduled board meeting following the meeting at which the petition is originally scheduled for hearing. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Section 39515, Health and Safety Code. s 60022. Record Before the State Board. (a) The state board shall review the executive officer action based upon (1) the record on which the executive officer action was based; and (2) the contents of the petition(s) requesting state board review. Additionally, where the state board determines that additional evidence is necessary to its review of the action of the executive officer, it may consider such new evidence, provided that all interested persons who participated in any proceeding before the executive officer are given at least fifteen (15) days to respond to any evidence accepted by the board. Any person desiring the board to consider new evidence shall submit such evidence in writing no later than three (3) days prior to the hearing. Where the executive officer acted pursuant to a hearing, only persons who participated in the hearing may submit new evidence to the board. (b) At the hearing at which the board considers the petition, the petitioner shall be afforded the opportunity to comment in support of the petition. Note: Authority cited: Sections 39600 an 39601, Health and Safety Code. Reference: Section 39515, Health and Safety Code. s 60023. State Board Action on Review. Upon completing its review of the executive officer action, the state board may: (1) affirm the action of the executive officer; or (2) set aside or modify the action of the executive officer; or (3) direct the executive officer to take appropriate action as directed by the state board. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Section 39515, Health and Safety Code. s 60030. Permit Application Review and Processing. (a) The procedures and time periods set forth in this subsection shall apply to all permit applications received by the board, except for those permit applications specified in subsection (b). (1) Within 30 days of receipt of an application for a permit, as defined in Government Code Section 15375(a), the executive officer shall inform the applicant, in writing, either that the application is complete and accepted for filing or that the application is deficient and identify the specific information required to make the application complete. (2) Within 15 days of receipt of additional information provided in response to a determination by the executive officer that an application is deficient, the executive officer shall inform the applicant, in writing, either that the new information is sufficient to make the application complete and that the application is accepted for filing, or that the application is deficient and shall identify the specific information required to make the application complete. (3) Within 90 days after an application is accepted for filing, the executive officer shall act to approve or to disapprove the application. (b) For the categories listed below, permit applications shall be processed as provided in the procedures specified in subsection (a), in accordance with the following time periods: No. of days after No. of days after receipt of appli- receipt of cation within which additional infor- executive officer mation within which will inform the executive officer No. of days appli- after cant either that will determine application the is application is com- whether the accepted for infor- filing plete or that addi- mation submitted within which tional information makes the appli- executive officer will is required cation complete act on the application Type of Permit Emergency variance for 5 5 10 lead in gasoline [FN1] Emergency variance for 5 5 10 sulfur in gasoline or diesel [FN2] Waiver for lead in 15 15 45 gasoline [FN3] Approval of independent 15 15 90 [FN5] testers [FN4] Certification of vapor 60 30 120 recovery systems [FN6] [FN1] Title 13, California Code of Regulations, Section 2253.2 [FN2] Title 13, California Code of Regulations, Section 2252 [FN3] Title 13, California Code of Regulations, Section 2253.2 [FN4] Title 17, California Code of Regulations, Section 91207 [FN5] This period applies to each test, as specified in Section 91201 of Title 17, California Code of Regulations, for which approval is requested. [FN6] Title 17, California Code of Regulations, Section 94011 (c) The executive officer may, in the course of processing the application, request the applicant to clarify, amplify, correct, or otherwise supplement the information required for the application. (d) The time periods in subsections (a) or (b) may be extended by the executive officer for good cause as provided by Government Code Section 15376. (e) Based on the state board's experience in processing permits, from the receipt of the initial application to the final permit decision, during the two years immediately preceding the proposal of these regulations: (1) the minimum time for processing a permit was 5 days; (2) the maximum time for processing a permit was 567 days; and (3) the estimated median time for processing a permit was 30 days. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 15375 and 15376, Government Code. s 60040. Applicability. (a) The provisions of this article shall apply to all adjudicatory hearings conducted for the purpose of reviewing any of the following decisions of the executive officer: (1) vehicle or engine recalls pursuant to Health and Safety Code Section 43105; (2) intention to revoke or suspend a license as a vehicle emission test laboratory pursuant to Section 2048 of Title 13, California Code of Regulations; and (3) to other decisions of the executive officer where the person directly affected by the executive officer's action requests a hearing and where an adjudicatory hearing is required by law but neither the administrative adjudication procedures contained in Government Code Sections 11500 et seq. nor other hearing procedures are specified. The provisions of this article do not apply to review of decisions of the executive officer related to the programs or actions of air pollution control or air quality management districts. (b) The provisions of this article shall apply to the review of all decisions of the executive officer covered by subparagraph (a) issued prior to the effective date of article 2, sections 60055.1, et seq. All subsequently issued executive officer decisions shall be subject to the procedures set forth in article 2, sections 60055.1, et seq. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 43105 and 44207, Health and Safety Code. s 60041. Definitions. (a) "Days" means calendar days. (b) "Manufacturer working days" means the days when the headquarters of the manufacturer-petitioner is open for business. Note: Authority cited: Section 39600 and 39601, Health and Safety Code. Reference: Sections 43105 and 44207, Health and Safety Code. s 60042. Petition for Hearing. (a) Within 20 days after receipt of a decision by the executive officer described in Section 60040, the person directly affected by the decision may file a petition requesting a hearing to review the decision. Notwithstanding the above, a petition for a hearing pursuant to Health and Safety Code Section 43105 may be filed within 30 manufacturer working days of receipt of the executive officer's decision. (b) Petitions shall be filed with the board secretary at the offices of the state board in Sacramento and shall include the following information: (1) the name and address of the petitioner; (2) a copy of the executive officer decision for which review is requested; (3) the date the decision was received by the petitioner; (4) the action the state board is requested to take; (5) a complete, verified statement of the facts and relevant evidence; and (6) the grounds on which review is requested, including legal argument and authorities. The verification may be on information and belief. The chairperson of the state board shall review the petition and if he/she determines that a hearing is not required by law, the petitioner shall be notified of the decision and there shall be no hearing under this article. The board secretary shall send a copy of the petition to any person who was given written notice of the executive officer's decision. Note: Authority cited: Section 39600 and 39601, Health and Safety Code. Reference: Sections 43105 and 44207, Health and Safety Code. s 60043. Effect of Filing a Petition. A decision of the executive officer ordering a recall of vehicles or engines or intending to suspend or revoke the license of a vehicle emission test laboratory shall be stayed on timely receipt of a petition requesting a hearing until the state board has filed a decision with the board secretary. Other decisions of the executive officer shall also be stayed until the state board has filed the decision with the board secretary unless the executive officer finds that the adverse effects of a stay on the public health, safety and welfare outweigh the harm to those persons directly affected by the lack of a stay. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Mathews v. Eldridge, 424 U.S. 319 (1976); Sections 43105 and 44207, Health and Safety Code. s 60044. Executive Officer Response to Petition. Within 20 days after receipt of a petition by the board secretary, the executive officer shall file with the board secretary and serve upon the petitioner a response to the petition, except that the executive officer shall file a response within 15 manufacturer working days to a petition regarding executive officer decisions pursuant to Health and Safety Code Section 43105. The response shall contain the reasons for and the facts in support of the decision of the executive officer under review. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 43105 and 44207, Health and Safety Code. s 60045. Time for and Notice of Hearings. (a) A hearing shall be initiated no later than 75 days after receipt of a petition for review except that the hearing shall be initiated no later than 45 manufacturer working days after receipt of a petition regarding executive officer decisions pursuant to Health and Safety Code Section 43105. The state board may delay the hearing upon a showing of good cause therefore by any party, provided that the petitioner's consent to the delay must be obtained if the executive officer's decision is not stayed. (b) The state board shall mail written notice to the petitioner and to any persons who have requested notice at least 30 days before the scheduled date of hearing, indicating the time and location of the hearing, except that the notice shall be mailed 25 manufacturer working days prior to a hearing regarding an executive officer decision pursuant to Health and Safety Code Section 43105. The notice shall state that the parties may, but need not be, represented by counsel at the hearing. The notice of the hearing shall also be posted in the state board offices in Sacramento and El Monte. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 43105 and 44207, Health and Safety Code. s 60046. Appointment of Hearing Officers and Presiding Officer. (a) Hearings under this article may be held by the state board, by a committee of no fewer than two members of the state board, or by an administrative law judge from the Office of Administrative Hearings. In cases where the hearing is conducted by a committee of the state board or an administrative law judge, the committee or administrative law judge shall prepare a recommended decision for consideration by the state board. (b) When the state board, or a committee of the state board, hears the case, the board or the committee may request that an administrative law judge be present at the hearing to assist in conducting the hearing, and to advise on the admission and exclusion of evidence, and on matters of law. (c) Notwithstanding Section 60045, if the state board requests that an administrative law judge conduct the hearing or assist in the hearing, the hearing may be delayed if necessary to obtain the services of an administrative law judge. However, when the executive officer's decision is not stayed, no hearing may be delayed beyond 180 days from receipt of the petition without the consent of the petitioner. (d) The chairperson of the state board may serve as the presiding officer or may designate another member of the state board or the administrative law judge to serve as the presiding officer for the hearing. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 43105 and 44207, Health and Safety Code. s 60047. Interested Persons. Any person shall have the right to submit written evidence and shall also have the opportunity to present oral evidence, including witnesses and argument, subject to reasonable limitations imposed by the presiding officer. A person shall notify the state board secretary of his/her intent to participate in the hearing at least 20 days prior to the hearing or 15 manufacturer working days prior to the hearing on an executive officer decision pursuant to Health and Safety Code Section 43105. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 43105 and 44207, Health and Safety Code. s 60048. Subpoenas. The chairperson of the state board, the presiding officer of the hearing, or the administrative law judge may on his or her own motion or at the request of any party in accordance with the provisions of Government Code Section 11510, issue subpoenas for witnesses and for the production of documents at or prior to the hearing. Subpoenas are not required for the production of state board documents which are directly related to the executive officer's decision or which are required to be disclosed under the California Public Records Act (Government Code Section 6250 et seq.) . Subpoenas are also not required for attendance at the hearing of members of the state board staff. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 39514, 43105 and 44207, Health and Safety Code. s 60049. Witness List, Prehearing Statement, and Prehearing Conference. (a) No later than 10 days before the scheduled date of the hearing, or 10 manufacturer working days before the scheduled date of a Health and Safety Code Section 43105 hearing, the petitioner, the executive officer, and any person who has indicated that he/she intends to participate in the hearing shall each submit to the board secretary and serve upon one another a witness list including the name and qualifications of each proposed witness and a brief summary of the testimony to be presented by each witness. All parties shall also send to the board secretary and serve upon one another a prehearing statement which sets forth their respective positions regarding all contested issues. (b) On the presiding officer's own initiative or on the motion of the petitioner or executive officer, the presiding officer may conduct a prehearing conference. The presiding officer shall set the time and place for the prehearing conference and give reasonable written notice to all parties. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 43105 and 44207, Health and Safety Code. s 60050. Oaths. In hearings under this article, members of the state board, the presiding officer and any administrative law judge assigned to the hearing shall be authorized to administer oaths and affirmations. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 43105 and 44207, Health and Safety Code. s 60051. Conduct of the Hearing. The presiding officer shall govern the conduct of the hearing and shall make decisions on the admissibility of evidence. The following rules shall apply to any hearing held pursuant to the provisions of this article. (a) The hearing need not be conducted according to the technical rules relating to civil procedure, evidence and witnesses which would apply in a court of law. Any relevant noncumulative evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. Relevant noncumulative evidence and legal argument which does not raise significant new issues shall not be denied admission based solely upon the failure of the petitioner to state the evidence or legal argument in the petition for hearing. (b) Oral testimony offered by any witness shall be under oath. (c) The petitioner, the executive officer and interested persons shall each, subject to reasonable limitations imposed by presiding officer, have the right to call and examine witnesses, and to introduce exhibits. Parties may cross-examine opposing witnesses and offer rebuttal evidence if the presiding officer determines that cross-examination and rebuttal evidence is necessary to resolve disputed issues of material fact. The rules of privilege shall be effective to the extent that they are otherwise required by California statute to be recognized. (d) Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objections in civil actions. (e) Official notice may be taken of any generally accepted technical or scientific matter within the state board's field of competence or any matter which may be judicially noticed by the courts of this state. Parties present at the hearing shall be informed of and given an opportunity to rebut the matters proposed to be noticed. (f) Evidence in the form of affidavits shall be admissible if offered in accordance with Government Code Section 11514. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 43105 and 44207, Health and Safety Code. s 60052. Decision of the State Board. After the hearing, or in the event the hearing is conducted by a committee of the state board or by an administrative law judge, following consideration of the recommendation of the committee or the administrative law judge and the hearing record by the state board, the state board shall issue a written decision setting forth findings and conclusions regarding all issues necessary to the decision. The state board shall file the decision with the board secretary as a public record and shall serve the written decision by certified mail on the petitioner and all other parties. The state board shall specify in the decision a date on which the decision is effective. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 43105 and 44207, Health and Safety Code. s 60053. Request for Reconsideration. (a) Within 20 days after service of the state board's decision, or within 15 manufacturer working days after service of the state board's decision in a hearing pursuant to Health and Safety Code Section 43105, the petitioner or the executive officer may submit a request for reconsideration, which shall include (1) a detailed statement of the legal and factual grounds on which reconsideration is requested; (2) the specific findings and conclusions for which reconsideration is requested; and (3) if additional evidence is sought to be presented, a description of the additional evidence and an explanation of why in the exercise of reasonable diligence it could not have been presented at the hearing. The party requesting reconsideration shall serve the request by certified mail on parties who participated in the original hearing within one day after submitting the request to the state board. (b) The request for reconsideration may include a request that the decision of the state board be stayed, pending further administrative proceedings pursuant to this article. If such a request is made, the chairperson of the state board shall decide whether or not to stay the decision pending the state board's review of the request for reconsideration. The Chairperson of the state board shall make his/her decision based on his/her evaluation of the merits of the petition, consideration of possible hardship to the party and possible adverse public health impacts. (c) Within 45 days after the receipt of a request for reconsideration, or for Health and Safety Code Section 43105 hearings within 30 manufacturer working days after receipt of a request for reconsideration, the state board shall decide whether to grant or deny the request. The state board may decide to reconsider its entire decision or any portion thereof. The state board shall serve written notice of its decision to grant or to deny reconsideration on the party requesting reconsideration and all participants in the prior hearing. If reconsideration is granted, the written notice shall describe any further proceedings. (d) If reconsideration is granted, and if the party requesting reconsideration also requested a stay of the decision of the state board, the state board shall decide whether the stay shall be granted. If the request for reconsideration is denied, any stay of the decision pending state board review of the reconsideration request shall be dissolved. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 43105 and 44207, Health and Safety Code. s 60055.1. Applicability. (a) The provisions of this article shall apply to all adjudicatory hearings conducted for the purpose of reviewing any of the following decisions of the executive officer to: (1) Recall motor vehicles or motor vehicle engine families pursuant to Health and Safety Code Section 43105 and sections 2122, et seq., of title 13, California Code of Regulations; (2) Revoke or suspend a license as a vehicle emission test laboratory pursuant to section 2048 of title 13, California Code of Regulations; (3) Revoke or suspend a previously granted executive order certifying a motor vehicle engine family under Chapter 2, Part 5, Division 26 of the Health and Safety Code; (4) Deny certification of a motor vehicle engine family under Chapter 2, Part 5, Division 26 of the Health and Safety Code; or (5) Any other decision where the person directly affected by the executive officer's action requests a hearing and where an adjudicatory hearing is required by law but neither the administrative adjudication procedures contained in Government Code sections 11500, et seq., nor other hearing procedures are specified. (b) The provisions of this article do not apply to review of decisions of the executive officer related to the programs or actions of air pollution control or air quality management districts, and final orders or decisions under this regulation and section 60075.45. (c) The provisions of this article apply only to executive officer decisions issued on or after the effective date of this article. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Mathews v. Eldridge, 424 U.S. 319 (1976); Section 43105, Health and Safety Code; Sections 60075, et seq., title 17 and 2048, title 13, California Code of Regulations; and Sections 11500, et seq., Government Code. s 60055.2. Definitions. (a) The definitions applicable to these rules include those set out in the Health and Safety Code (commencing with section 39010) and in Title 13, California Code of Regulations, Chapter 5, Standards for Motor Vehicle Fuels, sections 2250, et seq., and Chapter 8, Clean Fuels Program, sections 2300, et seq. (b) The following definitions also apply: (1) "Administrative record" means all documents and records timely filed with the hearing office, pursuant to section 60055.4 and the time deadlines of these rules, including pleadings, petitions, motions, and legal arguments in support thereof; all documents or records admitted into evidence or administratively noticed by the hearing officer; all official recordings or written transcripts of hearings conducted; and all orders or decisions issued by the hearing officer or the state board regarding the petition for review of an executive officer decision; administrative record does not include any prohibited communications as defined in section 60055.13, and any settlement discussions or offers of settlement pursuant to section 60055.24. (2) "Days" means calendar days. (3) "Default" means the failure of any party to take the steps necessary and required by these regulations to further the hearing towards resolution, resulting in a finding by the hearing officer of forfeiture of the cause of action against that party. (4) "Discovery" refers to the process set forth in section 60055.25 allowing one party to request and obtain information relevant to the proceedings. The scope of discovery is limited by the express terms of that section. (5) "Ex Parte Communication" means an oral or written communication not on the public record for which reasonable prior notice to all parties should have been given. (6) "Hearing Office" refers to the administrative hearings office established by the state board to conduct administrative hearings to implement the provisions of these rules or to the Office Administrative Hearings established pursuant to Government Code section 11370.2. The administrative hearing office of the state board shall include at least one administrative law judge who shall act as a hearing officer. (7) "Hearing Officer" refers to an administrative law judge appointed by the state board to conduct hearings under these procedures or an administrative law judge appointed by the Office of Administrative Hearings. (8) "Intervenor" means a person who is allowed to voluntarily enter into the proceedings with leave of the hearing officer. (9) "Party" includes the petitioner, the executive officer and employees of the state board, and an intervenor to the extent permitted by the hearing officer pursuant to section 60055.21. Notice to the executive officer shall constitute notice to all employees of the state board involved in the case. (10) "Petition" means petition to review an executive officer decision. (11) "Petitioner" means a person directly affected by a decision of the executive officer who requests a hearing pursuant to Subarticle 5 to review that decision. (12) "Proceeding" means any hearing, determination or other activity before the hearing officer involving the parties to a petition for review. (13) "Response" means a document filed by the executive officer responding to the petition for review. (14) "Settlement Agreement" means a written agreement executed by the petitioner, the executive officer, and, to the extent permitted by the hearing officer pursuant to section 60055.21(b)(4), an intervenor that respectively settles the allegations at issue in the petition for review. Note: Authority cited: Sections 39600, 39601 and 39010, et seq., Health and Safety Code. Reference: Mathews v. Eldridge, 424 U.S. 319 (1976); Sections 39514 and 43105, Part 5, (commencing with 39010) Health and Safety Code; Sections 2250, et seq., 2300, et seq., title 13; and Sections 60075.1, et seq., Article 5, title 17, California Code of Regulations. s 60055.3. Right to Representation. (a) A party may appear in person or through a representative, who is not required to be an attorney at law. The right to representation is at the party's own expense. Following notification that a party is represented by a person other than him or herself, all further communications regarding the proceedings shall be directed to that representative. (b) A representative of a party shall be deemed to control all matters respecting the interest of such party in the proceeding. Persons who appear as representatives shall not engage in unethical conduct or intentionally fail to observe the procedures set forth in these rules and the proper instructions or orders of the hearing officer. (c) A representative may withdraw an appearance by filing a written notice of withdrawal with the hearing office and by serving a copy on all parties. Note: Authority cited: Sections 39600, 39601 and 43028, Health and Safety Code. Reference: Mathews v. Eldridge, 424 U.S. 319 (1976); Section 43105, Health and Safety Code; and Sections 2180, et seq., title 13, California Code of Regulations. s 60055.4. Time Limits; Computation of Time. (a) All actions required pursuant to these rules shall be completed within the times specified in this article, unless extended by the hearing officer upon a showing of good cause, after consideration of prejudice to other parties. Requests for extensions of time for the filing of any pleading, letter, document, or other writing or completing any other required action must be received in advance of the date on which the filing or action is due and should contain sufficient facts to establish a reasonable basis for the relief requested. (b) In computing the time within which a right may be exercised or an act is to be performed, the day of the event from which the designated period runs shall not be included and the last day shall be included. If the last day falls on a Saturday, Sunday, or a state holiday, time shall be extended to the next working day. (c) In computing time, the term "day" means calendar day, unless otherwise provided. (d) Unless otherwise indicated by proof of service, the mailing date shall be presumed to be the postmark date appearing on the envelope if first-class postage was prepaid and the envelope was properly addressed. (e) Where service of any pleading, petition, letter, document, or other writing is by mail, overnight delivery, or facsimile transmission (fax), pursuant to section 60055.5(c), and if within a given number of days after such service, a right may be exercised, or an act is to be performed, the time within which such right may be exercised or act performed shall be extended as provided in section 60055.5(c). (f) Papers delivered to or received by the hearing office during regular business hours (8 a.m. to 5 p.m.) will be filed on that date. Papers delivered or received at times other than regular business hours will be filed on the next regular business day. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Mathews v. Eldridge, 424 U.S. 319 (1976); and Section 43105, Health and Safety Code. s 60055.5. Service, Notice and Posting. (a) Except as otherwise provided in this article, the original of every pleading, petition, letter, document, or other writing served in a proceeding under these rules shall be filed with the designated hearing officer. (b) Unless otherwise required, service of any documents in the proceedings may be made by personal delivery; by United States first-class or interoffice mail, by overnight delivery, or by fax. (1) Service is complete at the time of personal delivery. (2) In the case of first-class mail, the documents to be served must be deposited in a post office, mailbox or mail chute, or other like facility regularly maintained by the United States Postal Service, in a sealed envelope, properly addressed to the person on whom it is to be served at the address as last given by that person on any document filed in the present cause of action and served on the party making service or otherwise at the place of residence of the person to be served. The service is complete at the time of the deposit, but any period of notice and any right or duty to do any act or to make any response within any period or date prescribed after service of the document shall be extended five days if the place of address is within the State of California, ten days if the place of address is outside the State of California but within the United States, and 15 days if the place of address is outside the United States. (3) If served by overnight delivery, or interoffice mail, the document must be deposited in a box or other facility regularly maintained for interoffice mail or by the express service carrier, or delivered to an authorized courier or driver authorized by the express service carrier to receive documents, in an envelope or package designated by the express service carrier with delivery fees paid or provided for, addressed to the person on whom it is to be served, at the address as last given by the person on any document filed in the present cause of action and served on the party making service or otherwise at that place of residence of the person to be served. The service is complete at the time of the deposit, but any period of notice and any right or duty to do any act or to make any response within any period or date prescribed after service of the document shall be extended two days. (4) If served by fax, the document must be transmitted to a fax machine maintained by the person on whom it is served at the fax machine telephone number as last given by that person on any document which he or she has filed in the present cause of action and served on the party making the service. The service is complete at the time of the transmission, but any period of notice and any right or duty to do any act or to make any response within any period or date prescribed after service of the document shall be extended two days. (c) Each document filed shall be accompanied by a proof of service on each party or its representative of record on the date of service. The proof of service shall state whether such service was made personally, first-class mail, overnight delivery, or facsimile. (1) Where service is made by personal delivery, the declaration shall show the date and place of delivery and the name of the person to whom the documents were handed. Where the person making the service is unable to obtain the name of his or her person to whom the documents were handed, the person making the service may substitute a physical description for the name. (2) Where service is made by first-class mail or overnight delivery, the declaration shall show the date and place of deposit in the mail, the name and address of the person served as shown on the mailing envelope and that the envelope was sealed and deposited in the mail with the postage fully prepaid. (3) Where service is made by fax, the declaration shall show the method of service on each party, the date sent, and the fax number to which the document was sent. (d) The proof of service declaration shall be signed by the person making it and contain the following statement above the signature: "I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and this declaration was executed at (City, State) on (Date)." The name of the declarant shall be typed and signed below this. (e) Proof of service made in accordance with Code Civil Procedure section 1013a complies with this regulation. (f) Service and notice to a party who has appeared through a representative shall be made upon such representative. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Mathews v. Eldridge, 424 U.S. 319 (1976); Section 43105, Health and Safety Code; Sections 11182 and 11184, Government Code; and Sections 1013 and 1013a Code of Civil Procedure. s 60055.6. Motions. (a) Any motion or request for action by the hearing officer relating to any proceeding pending before him or her filed by any party, except those made orally on the record at the hearing, shall be in writing and shall be directed to the hearing officer, with written notice and proof of service to all parties. The caption of each motion shall contain the title and docket number of the proceeding and a clear and plain statement of the relief sought, together with the grounds therefore. (b) Except as otherwise provided by statute or these regulations, or as ordered by the hearing officer, a motion shall be made and filed at least 15 days before the date set for the motion to be heard or the commencement of the hearing on the merits. Any response to the motion shall be filed and served no later than five days before the motion is scheduled to be heard or as ordered by the hearing officer. (c) The hearing office shall set the time and place for the hearing of the motion. The hearing shall occur as soon as practicable. (d) Except as otherwise provided by statute or these regulations, the hearing officer may decide a motion filed pursuant to this section without oral argument. Any party may request oral argument at the time of the filing of the motion or the response. If the hearing officer orders oral argument, the party requesting oral argument, or any party directed to do so by the hearing officer, shall serve written notice on all parties of the date, time and place of the oral argument. The hearing officer may direct that oral argument be made by telephone conference call. The hearing officer may order that the proceedings be recorded. (e) The hearing officer shall issue a written order deciding any motion, unless the motion is made during the course of the hearing on the merits while on the record. The hearing officer may request that the prevailing party prepare a proposed order. (f) A request for a prehearing conference or a settlement conference under sections 60055.23 and 60055.27 does not constitute a motion within the meaning of this section. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Mathews v. Eldridge, 424 U.S. 319 (1976); and Section 43105, Health and Safety Code. s 60055.7. Form of Pleadings. (a) Except as otherwise expressly provided in this article or by the hearing officer, there are no specific requirements as to the form of documents filed in a proceeding under these rules. (b) The original of any pleading, letter, document, or other writing (other than an exhibit) shall be signed by the filing party or its representative. The signature constitutes a representation by the signer that it has read the document, that to the best of its knowledge, information and belief, the statements made therein are true, and that it has not filed the document for the purpose of delay. (c) The initial document filed by any person shall indicate his or her status (as a party or representative of the party) and shall contain his or her name, address and telephone number. Any changes in this information shall be communicated promptly to the hearing office and all parties to the proceeding. A party who fails to furnish such information and any changes to it shall be deemed to have waived his or her right to notice and service under these rules. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Mathews v. Eldridge, 424 U.S. 319 (1976); and Section 43105, Health and Safety Code. s 60055.8. Limitations on Written Legal Arguments or Statements. (a) Any written legal argument or statement submitted to the hearing officer by a participant in an action under this part shall be double spaced and typed in a font size 12 point or larger. Except as otherwise provided by this part, further limited by the hearing officer, or otherwise authorized by the hearing officer for good cause shown, no written legal argument, exclusive of any supporting documentation, may exceed: (1) Fifteen pages, for arguments in support of or opposition to motions; and (2) Five pages, for reply arguments. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Mathews v. Eldridge, 424 U.S. 319 (1976); and Section 43105, Health and Safety Code. s 60055.9. Records of the State Board. Except where public disclosure of information or exhibits is restricted by law, records of the state board are public records and are available to the public pursuant to section 91000, et seq., Title 17, California Code of Regulations. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Mathews v. Eldridge, 424 U.S. 319 (1976); Section 43105, Health and Safety Code; Sections 6250, et seq., Government Code; and Sections 91000, et seq., title 17, California Code of Regulations. s 60055.10. Interpreters and Other Forms of Accommodation. (a) In proceedings where a party, a party's representative, or a party's expected witness requires an interpreter for any language, including sign language, that party shall be responsible for notifying the hearing office as soon as the requirement is known, but no later than ten days prior to the first day of hearing. The hearing officer may allow later notification for good cause. The hearing office shall be responsible for securing the interpreter, and for providing reasonable accommodation. (b) The cost of interpreter services shall be paid by the state board if the hearing officer so directs. In determining who should pay the cost of the interpreter, the hearing officer shall base the decision on equitable considerations, including the ability of the party in need of the interpreter to pay the cost. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Mathews v. Eldridge, 424 U.S. 319 (1976); Section 43105, Health and Safety Code; Sections 11435.25, 11435.30 and 11435.55, Government Code; and Section 751, Evidence Code. s 60055.11. Authority of Hearing Officers. In any matter subject to hearing pursuant to these rules, the hearing officer shall have the authority to do any act and take all measures necessary for the maintenance of order and for the efficient, fair and impartial adjudication of issues arising in proceedings governed by these rules, including, but not limited to, authority to hold prehearing conferences; conduct hearings to determine all issues of fact and law presented; to rule upon motions, requests and offers of proof, dispose of procedural requests, and issue all necessary orders; administer oaths and affirmations and take affidavits or declarations; to issue subpoenas and subpoenas duces tecum for the attendance of a person and production of testimony, books, documents, or other things; to compel the attendance of a person residing anywhere in the state; to rule on objections, privileges, defenses, and the receipt of relevant and material evidence; to call and examine a party or witness and introduce into the hearing record documentary or other evidence; to request a party at any time to state the respective position or supporting theory concerning any fact or issues in the proceeding; to certify official acts; to extend the submittal date of any proceeding; to hear and determine all issues of fact and law presented and to issue such interlocutory and final orders, findings, and decisions as may be necessary for the full adjudication of the matter. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Mathews v. Eldridge, 424 U.S. 319 (1976); Section 43105, Health and Safety Code; and Sections 11181-11182 and 11425.30, Government Code. s 60055.12. Disqualification. (a) The hearing officer or a member of the state board shall disqualify himself or herself and withdraw from any case in which he or she cannot accord a fair and impartial hearing. (b) A hearing officer may not hear any case in which he or she has previously served as an investigator, prosecutor, or advocate. (c) Any party may request the disqualification of a hearing officer or member of the state board by filing an affidavit or declaration under penalty of perjury. A request for the disqualification of a hearing officer must be made no later than five days prior to the commencement of a prehearing conference or first day of hearing on the merits, whichever is earlier. A request for the disqualification of a member of the state board must be made no later than five days prior to the state board's consideration of the recommended decision. The affidavit or declaration must state with particularity the grounds upon which it is claimed that a fair and impartial hearing cannot be accorded. Where the request for disqualification concerns a member of the state board, the issue shall be determined by the other members of the board. Where the request concerns the hearing officer, the issue shall be determined by the hearing officer. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Mathews v. Eldridge, 424 U.S. 319 (1976); Section 43105, Health and Safety Code; and Sections 11425.40 and 11512, Government Code. s 60055.13. Prohibited Communications. (a) Except as otherwise provided in this section, while the proceeding is pending, the hearing officer shall not participate in any communications with any party, representative of a party, or any person who has a direct or indirect interest in the outcome of the proceeding about the subject matter or merits of the case at issue, without notice and opportunity of all parties, to participate in communication except a party that has been determined to be in default pursuant to section 60055.37. (b) No pleading, letter, document, or other writing shall be filed in a proceeding under these rules by a party unless service of a copy thereof together with any exhibit or attachment is made on all other parties to a proceeding. Service shall be in a manner as prescribed in section 60055.5. (c) For the purpose of this section, a proceeding is pending from the time that the petition for review of an executive officer decision is filed. (d) Communications prohibited under paragraph (a) do not include communications concerning matters of procedure or practice, including requests for continuances that are not in controversy. It also does not prohibit communications between a party and the hearing officer when the opposing party has had a default entered pursuant to section 60055.37. (e) A communication between a hearing officer and an employee of the state board that would otherwise be prohibited by this section is permissible if: (1) The employee is another hearing officer or other employee of the hearing office whose job duties include aiding the hearing officer in carrying out the hearing officer's adjudicative responsibilities. Upon request, the hearing office will provide a list of employees of the hearing office to the parties. (2) The employee of the state board has not served as an investigator, prosecutor, or advocate in the proceeding or its preadjudicative stage, or in any factually related proceedings, and the purpose of the communication is to assist and advise the hearing officer in determining whether a document is a confidential business record (i.e., trade secrets). In obtaining such assistance and advice, the hearing officer shall give notice to the parties of the person consulted and shall provide the parties with as detailed a summary as possible of the substance of the advice received, while protecting the confidentiality of the business records at issue, and a reasonable opportunity to respond. (3) The prohibitions of paragraph (a) that apply to the hearing officer shall also apply to all employees covered by subparagraphs (1) and (2) above. (4) Communications permitted under subparagraphs (1) and (2) above shall not furnish, augment, diminish, or modify the evidence in the record. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Mathews v. Eldridge, 424 U.S. 319 (1976); Section 43105, Health and Safety Code; and Sections 11430.70-11430.80, Government Code. s 60055.14. Disclosure of Communication. (a) If, while the proceeding is pending, but before serving as hearing officer, the hearing officer receives a communication of a type that would be in violation of this subarticle if received while serving as hearing officer, he or she shall, promptly after starting to serve, disclose the content of the communication on the record and give all parties an opportunity to address it as provided below. (b) If a hearing officer receives a communication in violation of this article, the hearing officer shall make all of the following a part of the record in the proceeding: (1) If the communication is written, the writing and any written response of the hearing officer to the communication; and (2) If the communication is oral, a memorandum stating the substance of the communication, any response made by the hearing officer, and the identity of each person from whom the hearing officer received the communication. (c) The hearing officer shall notify all parties that a communication described in this section has been made a part of the record. (d) If a party requests an opportunity to address the communication within ten days after receipt of notice of the communication: (1) The party shall be allowed to comment on the communication. (2) The hearing officer has discretion to allow the party to present evidence concerning the subject of the communication, including discretion to reopen a hearing that hearing having been concluded. (e) Receipt of ex parte communications may be cause for disqualification of the hearing officer. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Mathews v. Eldridge, 424 U.S. 319 (1976); Section 43105, Health and Safety Code; and Sections 11340.1-11340.5, Government Code. s 60055.15. Applicability to the State Board. The provision of Subarticle 3 governing ex parte communications to the hearing officer also governs ex parte communications with members of the state board on matters that may come before them pursuant to Subarticles 4 and 9. Nothing in this provision shall be construed to prohibit ex parte communications, after a proposed decision has been forwarded to the state board, between members of the state board and the hearing officer who prepared the decision, a hearing officer from the State Office of Administrative Hearings (OAH) not previously involved in the case, or outside legal counsel to the state board. Nor shall anything in this provision be construed to prohibit communications between members of the state board and staff of the state board (including staff counsel), provided reasonable notice and opportunity to participate in such communications either in person or by telephone has been provided to all parties. For purposes of this section, reasonable notice shall be deemed as 24- hours or greater advance notice. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Mathews v. Eldridge, 424 U.S. 319 (1976); Section 43105, Health and Safety Code; and Sections 11430.70-11430.80 Government Code. s 60055.16. Filing of Petitions for Review Hearing. (a) Within 30 days after receipt of a decision by the executive officer described in section 60055.1, a person directly affected by the decision may file a petition requesting a hearing to review the decision. The hearing officer may extend the time for filing for good cause. (b) A petition shall be filed with the clerk of the board, at the offices of the state board in Sacramento and a copy served on the executive officer. The petition shall include the following information: (1) The name and address of the petitioner; (2) A copy of the executive officer decision for which review is requested; (3) The date the decision was received by the petitioner; (4) A statement of the objections to the decision upon which review is requested; a verified statement of the facts, data and other relevant evidence in support of the objections; a demand for the specific relief the petitioner seeks; a short, concise statement of legal argument, with citation to authorities, in support of the objections and the relief requested. The verification may be made on information and belief. (c) The petitioner may request permission from the hearing officer to amend the petition. Such request must include an amended statement of objections and, as applicable, verified statement of facts, data, and other relevant evidence in support of the amended objections; demand for the specific relief the petitioner seeks; and amended statement of legal argument. The hearing officer shall grant the request upon determining that good cause exists; in granting the request the hearing officer shall take whatever steps necessary (e.g., continuing the hearing) to prevent any party from being unduly prejudiced by the decision. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Mathews v. Eldridge, 424 U.S. 319 (1976); and Section 43105, Health and Safety Code. s 60055.17. Appointment of a Hearing Officer; Initial Review of Petition. (a) Initial Assignment: (1) Upon receipt of a petition, the state board shall refer the matter to the administrative hearing office of the state board for assignment of a hearing officer. The hearing office shall assign an administrative law judge from the hearing office to hear the matter, unless staffing and other resources of the hearing office would prevent timely consideration of the matter. If the resources of the administrative hearing office prevent assignment, the administrative hearing office shall refer the matter to the State Office of Administrative Hearings (OAH) for assignment. For the two years immediately following the effective date of these hearing procedures, it shall be presumed that petitions requesting review of executive officer decisions ordering the recall of motor vehicles or motor vehicle engines or the suspension, revocation, or denial of executive orders certifying motor vehicles or motor vehicle engines are too resource intensive, given the present staffing of the administrative hearing office of the state board. For the two-year period identified above, such matters shall be immediately referred to the OAH for assignment. (2) In addition to the above, a party may petition the state board to request that hearings be referred to OAH. The state board shall grant the request upon the petitioner providing substantial evidence that it could not receive a full and fair hearing from any hearing officer employed by the administrative hearing office of the state board. (3) In all cases referred to OAH, under paragraph (2) above, the petitioner shall bear one-half of the fees charged by OAH for the services of the OAH hearing officer. (b) Within 20 days of assignment of a hearing officer, the hearing officer shall review the petition and determine whether a hearing is required by law. Pursuant to section 60055.1(b), all petitions seeking review of executive officer decision to recall motor vehicles or engines under Health and Safety Code section 43105, to revoke or suspend a license as a vehicle emission test laboratory under Title 13, CCR, section 2048, or to revoke or suspend an Executive Order granting certification to a motor vehicle engine family under Chapter 2, Part 5, Division 26 of the Health and Safety Code shall have the right to a hearing. Petitions for review of executive officer decisions to deny applications for motor vehicle certifications shall be entitled to a hearing on the merits, unless the hearing officer finds that the petition and supporting data and information do not raise a substantial issue of fact or law. If the hearing officer determines that a hearing is not required, the petitioner shall be notified of the decision and there shall be no hearing under this article. (c) A petitioner adversely affected by a hearing officer determination that a hearing is not required may request reconsideration by the state board under Subarticle 10. (d) The clerk of the state board shall make arrangements to send a copy of the petition and any decision of the hearing officer or the state board to any person who was given written notice of the executive officer's decision. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Mathews v. Eldridge , 424 U.S. 319 (1976); and Section 43105, Health and Safety Code. s 60055.18. Stays Pending Hearing. (a) On timely receipt of a petition requesting a hearing to review a decision of the executive officer to recall motor vehicles or motor vehicle engines, the hearing officer shall issue a stay of the executive officer action until a decision of the state board has been issued pursuant to section 60055.44. (b) The hearing officer shall not issue a stay pending review of an executive officer decision denying certification of an motor vehicle engine family pursuant to Chapter 2, Part 5, Division 26 of the Health and Safety Code. (c) For other decisions of the executive officer for which petitions for review have been filed and hearings granted, the hearing officer shall issue a stay pending issuance of the state board's decision under section 60055.38, unless the hearing officer finds that the adverse effects of a stay on the public health, safety and welfare outweigh the harm to those persons directly affected by the lack of a stay. The hearing officer may conduct a hearing or request such submissions by the parties as necessary to obtain information to make a determination on this issue. (d) If a stay is granted under subparagraphs (a) and (c) above, and the petition is subsequently denied by the Board, the Board may order the petitioner to take whatever remedial action is necessary, including implementing a recall of those vehicles and engines that would not otherwise have been sold in or delivered to California but for the stay, to achieve emissions reductions equal to the amount of emissions that occurred because of implementation of the stay. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Mathews v. Eldridge, 424 U.S. 319 (1976); and Section 43105, Health and Safety Code. s 60055.19. Executive Officer Response to Petition. Within ten days after issuance of the hearing officer determination that a hearing is required or ten days after a petition has been amended, the executive officer shall file with the hearing officer and serve upon the petitioner a response to the petition. The response shall contain the reasons for and the facts in support of the decision of the executive officer under review. If a petition for review raises claims or issues in a manner that is so vague or ambiguous that the executive officer cannot reasonably be expected to respond, the executive officer may, within the time allotted for responding, move that the hearing officer require a more definite statement of matters covered in the petition for review. If such motion is granted, the petitioner shall comply within ten days of issuance of the order of the hearing officer. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Mathews v. Eldridge , 424 U.S. 319 (1976); and Section 43105, Health and Safety Code. s 60055.20. Scheduling of Hearings. (a) Within 30 days after receipt of the executive officer's response, the hearing office shall schedule the hearing on the merits of the petition. Except as provided in paragraph (f), below, a hearing on the merits of a petition for review shall, in general, be scheduled to be heard no later than 180 days from the date of the hearing officer's determination under section 60055.17 that a hearing on the petition for review is appropriate. The hearing officer may determine, for good cause and in the interest of justice, that a later hearing date is necessary. (b) The hearing office shall deliver or mail a notice of hearing to all parties at least 30 days prior to the hearing. The notice shall be in the form specified in section 11509 of the Government Code, and shall also provide notice of the availability of interpreters pursuant to section 60055.10 of these rules. (c) The hearing officer shall grant such delays or continuances as may be necessary or desirable in the interest of fairly resolving the case. (1) The hearing officer may, on his or her own motion or upon request of any party accompanied by a showing of good cause, continue a hearing to another time or place. (2) A party shall apply to the hearing officer for a continuance not less than five days prior to the scheduled hearing. (3) When a continuance is ordered during a hearing, the hearing officer shall give written notice of the time and place of the continued hearing. (d) The hearing office shall set the place of hearing at a location as near as practicable to the place where the petitioner resides or maintains a place of business in California. If the owner does not reside or maintain a place of business in California, the hearing shall be in Sacramento. The hearing office may establish hearing locations anywhere in the state; at a minimum one hearing location shall be established in Sacramento and one in the Los Angeles area. (e) Upon the motion of any party and a showing of good cause, or upon the motion of the hearing officer, and in the absence of an objection from any party, the hearing officer may exercise discretion to conduct all or part of a hearing by telephone. (1) In granting such a motion, the hearing officer must be assured that each participant in the hearing has an opportunity to participate in and to hear the entire proceeding while it is taking place and to observe all exhibits fully. (2) The hearing officer may direct the party who has requested the alternative method to make the necessary arrangements and be responsible for any associated costs. (f)(1) If a hearing has been granted under section 60055.17 in a proceeding requesting review of an executive officer decision denying certification to motor vehicle engine families pursuant to Chapter 2, Part 5, Division 26 of the Health and Safety Code, a motor vehicle manufacturer may file a petition requesting that the hearing schedule be expedited. Such petitions shall be filed concurrently with the petition for review of the action and shall be accompanied by affidavits and other evidence setting forth the reasons why expedited scheduling is warranted. A hearing officer shall be assigned to consider the petition for expedited scheduling and shall issue a determination on the petition within five business days of receipt of the petition. The hearing officer shall grant the petition for expedited scheduling upon the manufacturer presenting evidence showing a reasonable likelihood that it may suffer serious competitive harm if the petition is not granted. (2) If the petition for expedited scheduling is granted: (a) The hearing office shall give priority to the scheduling of the hearing on the merits and shall make every effort to schedule the first day of hearing no later than ten days after the granting of the petition. (b) The hearing officer shall issue a recommended decision that the Board may accept, reject, or modify as necessary. (3) Notwithstanding section 60055.25, and subject to the discretion of the hearing officer, the parties shall have limited rights to discovery in a matter scheduled for expedited hearing. The parties shall exchange lists of witnesses that are expected to testify and copies of exhibits that are expected to be introduced at hearing no later than 48 hours prior to the commencement of the hearing. The hearing officer may disallow the testimony of witness or the introduction of any evidence that is not timely provided to the opposing party. (4) Unless expressly provided by the hearing officer, the parties shall not have the opportunity to present closing written arguments. (5) The hearing officer shall attempt to issue his or her decision as expeditiously as possible, but not later than ten days after the close of hearing. (6) Upon issuance of the proposed decision of the hearing officer, the decision shall be delivered to the board for review, with copies served on the parties. Consistent with the requirements of Government Code section 11125, the state board shall consider the recommended decision at its next scheduled meeting. The state board may accept, reject, or modify the hearing officer's proposed decision. If the state board rejects or makes substantive modifications to the proposed decision, it shall issue a written decision, with findings of fact and conclusions of law in support of its decision. (7) The decision of the state board is not subject to reconsideration under section 60055.41. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Mathews v. Eldridge, 424 U.S. 319 (1976); Section 43105, Health and Safety Code; and Sections 11509 and 11440.30, Government Code. s 60055.21. Motion to Intervene. (a) A person may file a motion to intervene, and the hearing officer may grant such a motion if all of the following conditions are satisfied: (1) The motion is in writing, with copies served on all parties named in the petition for review. (2) The motion is made as early as practicable prior to the prehearing conference, if one is held, or the first day of the hearing on the merits of the petition for review. (3) The motion states facts demonstrating that the requesting intervenor's legal rights, duties, privileges, or immunities will be substantially affected by the proceeding or that it qualifies as an intervenor under a statute or regulation. (4) The hearing officer determines that the interests of justice and the orderly and prompt conduct of the proceeding will not be impaired by allowing the intervention. (b) If the motion is granted, the hearing officer may impose conditions on the intervenor's participation in the proceeding, either at the time that intervention is granted or at a later time. Conditions may include: (1) Limiting the intervenor's participation to designated issues in which the intervenor has a particular interest demonstrated by the motion. (2) Limiting or excluding the use of discovery, cross-examination, and other procedures involving the intervenor so as to promote the orderly and prompt conduct of the proceeding. (3) Requiring two or more intervenors to combine their presentations of evidence and argument, cross-examination, discovery, and other participation in the proceeding. (4) Limiting or excluding the intervenors's participation in settlement negotiations. (c) The hearing officer shall issue an order granting or denying the motion for intervention as soon as practicable in advance of the hearing, briefly stating the reasons for the order and specifying any conditions that he or she has determined as appropriate. The hearing officer may modify the order at any time, stating the reasons for the modification. The hearing officer shall promptly give notice of any order granting, denying, or modifying intervention to the applicant and to all parties. (d) Whether the interests of justice and the orderly and prompt conduct of the proceedings will be impaired by allowing intervention is a determination to be made at the sole discretion of the hearing officer, based on his or her knowledge and judgment. The determination is not subject to administrative or judicial review. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Mathews v. Eldridge, 424 U.S. 319 (1976); Section 43105, Health and Safety Code; and Section 11440.50, Government Code. s 60055.22. Consolidation, Separation of Proceedings. (a) Upon the motion of a party or upon the hearing officer's own motion, the hearing officer may consolidate for hearing and decision: (1) Any number of proceedings involving the same respondent or petitioner; (2) Any number of proceedings involving common issues of law or fact where consolidation would expedite and simplify consideration of the issues and would not adversely affect the rights of the parties. (b) Upon the motion of a party or upon the hearing officer's own motion, the hearing officer may, in furtherance of convenience or to avoid prejudice or when separate hearings will be conducive to expedition and economy, order a separate hearing of any issue, including an issue raised in the notice of defense, or of any number of issues. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Mathews v. Eldridge, 424 U.S. 319 (1976); and Section 43105, Health and Safety Code. s 60055.23. Prehearing Conference. (a) Upon the scheduling of a petition for review for hearing, the hearing officer may order the scheduling of a prehearing conference upon his or her own motion or the request of any party. A request for a prehearing conference shall be in writing, addressed to the hearing officer and served on all parties. (b) A prehearing conference shall be held no later than 30 days after an order of the hearing officer or a request by a party, but no later than 60 days from the date of the executive officer's filing of its response to the petition. (c) The hearing officer may conduct the prehearing conference in person or by telephone. (d) At least ten business days before a scheduled conference, each party shall file with the hearing office and serve on all other parties a prehearing conference statement which shall contain the following information: (1) Identification of all operative pleadings by title and date signed; (2) The party's current estimate of time necessary to try the case; (3) The name of each witness the party may call at hearing along with a brief statement of the content of the witness's expected testimony; (4) The identity of any witness whose testimony will be presented by affidavit pursuant to section 60055.29, if known; (5) The name and address of each expert witness the party intends to call at hearing along with a brief statement of the opinion the expert is expected to give. The party shall also attach a copy of a current resume for each expert witness; (6) Whether there is need for an interpreter or special accommodation at the hearing; (7) A list of the documentary exhibits the party intends to present at hearing and a description of any physical or demonstrative evidence; and (8) A concise statement of any legal issues which may affect the presentation of evidence or the disposition of the case. (e) At the prehearing conference, the hearing officer may: (1) Establish a time and place for further proceedings in the action, but no hearing on the merits of the action shall take place sooner than 30 days following the date of the prehearing conference; (2) Attempt to simplify issues and help the parties to stipulate to facts not in dispute; (3) Explore the necessity or desirability of amendments to the pleadings; and (4) Discuss any other appropriate subject. (f) After the prehearing conference, the hearing officer shall issue a prehearing order which incorporates the matters determined at the conference. This order may be issued orally if an accurate record can be made. Agreement on the simplification of issues, amendments, stipulations, or other matters may be entered on the record or may be made the subject of a written order by the hearing officer. If no matters were determined or dates set at the prehearing conference, a prehearing order is not required. The hearing officer may, to aid the efficient administration of justice, modify the prehearing order as necessary. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Mathews v. Eldridge, 424 U.S. 319 (1976); and Section 43105, Health and Safety Code. s 60055.24. Settlement Agreements and Consent Orders. (a) At any time before a final decision is issued, parties, (the complainant and the respondent) may settle the matters at issue, in whole or in part. (b) The parties may request the assistance of the hearing office in their attempts to settle the matters at issue. Upon receiving such a request, the hearing office may assign a settlement hearing officer, who is not the same hearing officer that has been assigned, to hear the merits of the case, unless the parties specifically request in writing the assignment of the latter hearing officer. (c) The parties shall memorialize any agreement in writing. (d) In a petition for review proceeding, if the parties resolve all issues raised by the petition, the petitioner shall agree to withdraw the petition and the case shall be dismissed. (e) If the settlement does not wholly conclude the action, the hearing officer assigned to hear the merits of the case shall promptly inform the parties of the schedule of the remaining proceedings. (f) Unless the parties have otherwise consented to use the hearing officer assigned to hear the merits of the case in settlement discussions, settlement discussions or offers of compromise regarding unresolved issues shall not be discussed with that hearing officer. Settlement discussions or offers of compromise shall also not be made part of the record of the proceedings. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Mathews v. Eldridge, 424 U.S. 319 (1976); Section 43105, Health and Safety Code; and Section 11415.60, Government Code. s 60055.25. Discovery. (a) The provisions of this section provide the exclusive right to, and method of, discovery as to any proceeding governed by these hearing procedures. However, nothing in this section prohibits the parties from voluntarily stipulating to provide discovery deemed appropriate. This section does not authorize the inspection or copying of, any writing, or thing which is privileged from disclosure by law or protected as part of an attorney's work product. (b) The names and addresses of witnesses; inspection and copying of documents and things. (1) Unless otherwise stipulated to by the parties, within 30 days of the hearing officer's determination that a hearing is required under section 60055.17, a party may request: (A) The names and addresses of witnesses to the extent known to the other party, including, but not limited to, those intended to be called to testify at the hearing; and (B) The opportunity to inspect and make a copy of any thing, document, statement or other writings relevant to the issues for hearing that are in the possession, custody or control of the other party and would be admissible in evidence. This includes the following information from inspection or investigative reports prepared by, or on behalf of, any party that pertain to the subject matter of the proceeding: (i) the names and addresses of witnesses or of persons (other than confidential informants) having personal knowledge of the issues involved in the proceeding, (ii) matters perceived by the investigator in the course of his or her investigation (as opposed to his or her analysis or conclusions), and (iii) statements related to the issues of the proceedings which are otherwise admissible. For purposes of this section, "any thing, document, statement or other writings relevant to the issues for hearing that are in the possession, custody, or control of the other party" would include those items within the possession, custody, or control of a third-party who obtained or used such items while acting as a representative, contractor, or agent of the "other party". (2) Parties shall arrange a mutually convenient time for the exchanging of the names and addresses of witnesses and the inspecting and copying of relevant things, documents, statements, and other writings identified in subparagraph (B) above, but such date shall not be later than 30 days from the date of receipt of the request made pursuant to subparagraph (b)(1). Unless other arrangements are made, the party requesting the writings shall pay for the copying. (3) All requests under subparagraph (b) are continuing, and the party receiving the request shall be under a continuing duty to provide the requesting party with the information requested. (4) Absent a stipulation between the parties, a party claiming that certain writings or things are privileged against disclosure shall, within 15 days of receipt of the request for inspection and copying, serve on the requesting party a written statement setting forth what matters it claims are privileged and the reasons supporting its claims. (c) Other Discovery. (1) A party may file a motion requesting that the hearing officer order further discovery. The motion shall specify the proposed method of discovery to be used and shall include affidavits describing in detail the nature of the information and/or documents sought, the proposed time and place of the discovery (if applicable), and the information addressing the findings listed in subparagraphs (A)-(D) below. The hearing officer shall grant the motion upon finding that: (A) The additional discovery will not unreasonably delay the proceedings; (B) The information to be obtained from the discovery is most reasonably obtained from the non-moving party, who has refused to provide it voluntarily; or that (C) The information to be obtained is relevant and has significant probative value on a disputed issue of material fact regarding a matter at issue. (2) The hearing officer may order the taking of oral depositions only under the following circumstances: (A) After affirmatively making the findings in subparagraphs (c)(2)(A)-(C), and further finding that the information sought cannot be obtained by alternative methods; or (B) There is substantial reason to believe that relevant and probative evidence may otherwise not be preserved for presentation by a witness at the hearing. (3) If the hearing officer grants the motion for the taking of a deposition, the moving party shall serve notice of the deposition on the person to be deposed with copies served on the other parties at least ten days before the date set for the deposition. (4) Where the witness resides outside of the state and where the hearing officer has ordered the taking of the testimony by deposition, the hearing officer shall obtain an order of the court to that effect by filing a petition in the superior court in Sacramento County. The proceedings for such a hearing shall be in accordance with the provisions of Government Code section 11189. (d) Third-Party Notice of Request for Disclosure of Information Identified as Confidential and Opportunity to Participate. (1) A third-party shall be notified whenever a party receives a request for disclosure of information that is in the possession, control, or custody of the party subject to a claim of confidentiality asserted by the third-party, including, but not limited to, claims of confidentiality asserted pursuant to the California Public Records Act (CPRA). This section creates rights and obligations in addition to, and does not affect, existing rights and obligations under the CPRA and applicable federal regulations. (2) A third-party shall have the opportunity to be heard on all issues involving requests for disclosure of information that is in the possession, control, or custody of the party subject to a claim of confidentiality asserted by the third-party. Within five days of receipt of notice pursuant to subparagraph (d)(1), a third-party may object to disclosure of the subject information and may seek a protective order pursuant to subparagraph (e). Objections to disclosure may be based on all legal grounds, including, but not limited to, lack of relevance to the issues for hearing. (e) Protective Orders: (1) Upon motion by a party from whom discovery is sought, a third-party who has made a claim of confidentiality regarding the information to be discovered, or by the hearing officer on his or her own motion, the hearing officer may enter a protective order with respect to this material. (2) Prior to granting a protective order, it must be established by the moving party that the information sought to be protected is entitled to be treated as a trade secret or is otherwise confidential. A party or person seeking a protective order shall have the opportunity to be heard on all issues relevant to preserving the record's confidentiality, including, but not limited to, the following: (A) The appropriate scope and terms of any governing protective order; (B) The terms under which the record may be placed in evidence or otherwise used at a hearing; and (C) The disposition of the record and any copies thereof after all relevant administrative and judicial proceedings have concluded. (3) A party or person seeking a protective order may be permitted to make all, or part of, the required showing in a closed meeting. The hearing officer shall have discretion to limit attendance at any closed meeting proceeding to the hearing officer and the person or party seeking the protective order. (4) A protective order, if granted, shall contain terms governing the treatment of the information which are appropriate under the circumstances to prevent disclosure outside the hearing. The protective order may order that the trade secret information not be disclosed or that it be disclosed only to specified persons, or in a specified way. Disclosure may be limited to counsel for the parties who shall not disclose such information to the parties themselves. Disclosure to specified persons shall be conditioned on execution of sworn statements that no disclosure of the information will be made to persons not entitled to receive it under the terms of the protective order. (5) The protective order shall contain terms governing the treatment of the information which are appropriate under the circumstances to prevent disclosure outside the hearing; the order may require that the material be kept under seal and filed separately from other evidence and exhibits in the hearing. (6) Any party subject to the terms and conditions of any protective order, desiring to make use of any documents or testimony obtained in a closed meeting, shall file a motion to the hearing officer and set forth justification for the request. The motion shall be granted upon a demonstration of good cause that the information is relevant and has significant probative value on a disputed issue of material fact in issue. In granting the motion, the hearing officer shall enter an order protecting the rights of the affected persons and parties, who have claimed that the information is confidential, by preventing any unnecessary disclosure of the information. The hearing officer may require that the information be presented in a closed meeting, with attendance limited, as necessary and practicable, to specified representatives of the parties and that the material be sealed and filed separately from other evidence and exhibits in the hearing. (7) The hearing office shall make a record of all closed meetings that are held under this section. The record shall be sealed and made available, upon appropriate order, to the state board or to the court review of the record. (8) If the hearing officer denies a motion for protective order or grants a protective order only, in part, the order shall not become effective until ten days after the date the order is served. In the interim, a party to the proceeding or third-party holder of the asserted confidential information adversely affected by the order may seek appropriate interlocutory relief in a court of competent jurisdiction. (f) Proceeding to Compel Discovery. (1) Any party claiming that its request for discovery pursuant to this section has not been complied with or that the opposing party has failed to comply with a stipulated agreement to provide discovery may serve and file with the hearing officer a motion to compel the party who has refused or failed to produce the requested or stipulated discovery to comply. The motion shall include the following: (A) Facts showing the party has failed or refused to comply with a discovery request or stipulation; (B) A description of the information sought to be discovered; (C) The reasons why the requested information is discoverable; (D) Evidence that a reasonable and good faith attempt to contact the noncomplying party for an informal resolution of the issue has been made; and (E) To the extent known by the moving party, the measures for the noncomplying party's refusal to provide the requested information. (2) The motion shall be filed within 15 days after the date the requested information was to be made available for inspection and copying or the date a deposition was scheduled to take place and served upon the party who has failed or refused to provide discovery. (3) The hearing on the motion to compel discovery shall be held within 15 days after the motion is filed, or a later time that the hearing officer may on his or her own motion for good cause determine. The party who has refused or failed to provide discovery shall have the right to serve and file a written answer or other response which shall be due at the hearing office and personally served on all parties at least three days prior to the date set for hearing. (4) Where the matter sought to be discovered is under the custody or control of the party who has refused or failed to provide discovery and that party asserts that the matter is not a discoverable matter under this section, or is privileged against disclosure, the hearing officer may order that the party in custody lodge with the hearing office the matters identified in subdivision (b) of section 915 of the Evidence Code and the hearing officer shall examine the matters in accordance with those provisions. (5) The hearing officer shall decide the case on the matters examined in a closed meeting, the papers filed by the parties, and such oral argument and additional evidence as the hearing officer may allow. (6) Unless otherwise stipulated by the parties, the hearing officer shall no later than 15 days after the hearing make its order denying or granting the motion. The order shall be in writing setting forth the matters the moving party is entitled to discover. The hearing office shall serve a copy of the order by mail upon the parties. Where the order grants the motion in whole, or in part, the order shall not become effective until ten days after the date the order is served. Where the order denies relief to the moving party, the order shall be effective on the date it is served. (7) If after receipt of an order directing compliance with the provisions of these rules regarding discovery, a party fails, without good cause, to comply with the order, the hearing officer may draw adverse inferences against that party and may prevent that party from introducing any evidence that had been requested and not produced during discovery into the administrative record. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); Section 43105, Health and Safety Code; Sections 11189 and 11507.6, Government Code; and Section 915(b), Evidence Code. s 60055.26. Subpoena and Subpoena Duces Tecum. (a) Subpoenas and subpoenas duces tecum may be issued for attendance at a hearing and for production of documents at any reasonable time and place or at a hearing. (b) At the request of a party, subpoenas and subpoenas duces tecum shall be issued by the hearing officer assigned to a proceeding, or the general counsel or executive officer of the state board, or, if represented by an attorney, the attorney of record for the party in accordance with sections 1985-1985.4 of the California Code of Civil Procedure. (c) The custodian of documents that are the subject of a subpoena duces tecum may satisfy the subpoena by delivery of the documents or a copy of the documents, or by making the documents available for inspection or copying, together with an affidavit in compliance with section 1561 of the Evidence Code. (d) The process extends to all parts of the state and shall be served in accordance with sections 1987 and 1988 of the California Code of Civil Procedure. A subpoena or subpoena duces tecum may also be delivered by certified mail, return receipt requested, or by messenger. Service by messenger shall be effected when the witness acknowledges receipt of the subpoena to the sender, by telephone, by mail, or in person, and identifies himself or herself either by reference to date of birth and driver's license number or Department of Motor Vehicles identification number, or the sender may verify receipt of the subpoena by obtaining other identifying information from the recipient. The sender shall make a written notation of the acknowledgment. A subpoena issued and acknowledged pursuant to this section has the same force and effect as a subpoena personally served. Failure to comply with a subpoena issued and acknowledged pursuant to this section may be punished as a contempt and the subpoena may so state. A party requesting a continuance based upon the failure of a witness to appear at the time and place required for the appearance or testimony pursuant to a subpoena, shall prove that the party has complied with this section. The continuance shall only be granted for a period of time that would allow personal service of the subpoena and in no event longer than that allowed by law. (e) No witness is obliged to attend unless the witness is a resident of the state at the time of service. (f) Upon timely motion of a party or witness, or upon his or her own motion, after notice to the parties and an opportunity to be heard and upon a showing of good cause, the hearing officer may order the quashing of a subpoena or subpoena duces tecum entirely, may modify it, or may direct compliance with it upon other terms or conditions. In addition, the hearing officer may make any other order as may be appropriate to protect a party or witness from unreasonable or oppressive demands. (g) The state board may quash a subpoena or a subpoena duces tecum that it has issued on its own motion. (h)(1) In the case of the production of a party to the record of a proceeding or of a person for whose benefit a proceeding is prosecuted or defended, the service of a subpoena on the witness is not required if written notice requesting the witness to attend, with the time and place of the hearing, is served on the representative of the party or person. (2) Service of written notice to attend under this section shall be made in the manner and is subject to the conditions provided in section 1987 of the California Code of Civil Procedure for service of written notice to attend in a civil action or proceeding. (i) A witness other than an employee of the state or a political subdivision thereof appearing pursuant to a subpoena or a subpoena duces tecum, other than a party, shall receive the same mileage, and appearance fees allowed by law; such fees are to be paid by the party at whose request the witness is subpoenaed. Note: Authority cited: Sections 39600, 39601 and 43028, Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); Section 43105, Health and Safety Code; Sections 11186-11188, 11450.05-11450.30, Government Code; Section 1561, Evidence Code; and Sections 1985-1985.4, 1987 and 1988, California Code of Civil Procedure. s 60055.27. Witness Lists and Exhibits. (a) No later than ten days before the scheduled hearing date, the parties shall submit to the hearing office and serve upon the other parties: (1) A list of the names, addresses and qualifications of proposed witnesses to be called in making the party's case-in-chief and a brief summary of the testimony to be presented by each witness; and (2) Each document or other exhibit, the party expects to offer or may offer, if the need arises, into evidence in making the party's case-in-chief. (b) The hearing officer may prohibit any party from presenting any witness or exhibit that has not been included on that party's witness list or in the exhibits that have been submitted as required under paragraph (a) of this section. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Section 43105, Health and Safety Code. s 60055.28. Motions for Summary Determination of Issues. (a) Any party may file a motion for summary judgment or summary adjudication of the issues. Such motions shall include supporting legal argument, and where necessary, affidavits showing that there is no genuine issue of material fact for determination regarding the identified issues. A party opposing such a motion shall show by affidavit or other documentation that a genuine issue of material fact as to the issues raised exists. After reviewing the motion and response of the parties, the administrative record, and any arguments of the parties, the hearing officer shall determine whether a genuine issue of material fact as to the issues exists and whether a party is entitled to judgment on the issue(s) as a matter of law. (b) If, upon considering a motion under subparagraph (c), the hearing officer determines that a party is entitled to summary judgment on the issue(s) as a matter of law, the hearing officer shall issue a written decision or order that sets forth necessary findings of fact and conclusions of law regarding all matters that were at issue. (c) Should it appear from the affidavits of a party opposing the motion that the party cannot, for reasons stated, present by affidavit facts essential to justify the party's opposition, the hearing officer may deny the motion or may grant a continuance to permit affidavits to be obtained or to permit such additional discovery as provided under these procedures. (d) The hearing officer shall deny a request for summary determination of the issue(s) if he or she finds the administrative record, including any evidence presented by the parties as part of this motion, present a genuine issue of material fact. If the hearing officer denies a request for summary determination, or denies such a request in part, the hearing officer shall promptly issue to each party a written ruling as to the existence of a genuine issue of material fact on the issue(s) and the reasons for the ruling. The matter shall continue to be set for hearing on all issues for which a genuine issue of material fact exists. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Section 43105, Health and Safety Code. s 60055.29. Contempt. If any person in proceedings before the hearing officer disobeys or resists any lawful order or refuses to respond to a subpoena, subpoena duces tecum, or refuses to take the oath or affirmation as a witness or thereafter refuses to be examined, or is guilty of misconduct during a hearing or in its immediate vicinity as to obstruct the proceedings, the hearing officer may certify the facts to the Superior Court in and for the county where the proceedings are held for contempt proceedings pursuant to Government Code section 11455.20. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); Section 43105, Health and Safety Code; and Sections 11455 and 11525, Government Code. s 60055.30. Sanctions. (a) Notwithstanding the above, the hearing officer may order a party, a party's representative or both, to pay reasonable expenses, including attorney's fees, incurred by another party as a result of bad faith actions or tactics that are frivolous or solely intended to cause unnecessary delay. (1) "Actions or tactics" include, but are not limited to, the making or opposing of motions; the failure to comply with a discovery request or subpoena; or the failure to comply with a lawful order of the hearing officer. (2) "Frivolous" means: (A) Totally and completely without merit; or (B) For the sole purpose of harassing an opposing party. (b) An order for sanctions may be oral on the record or in writing and shall set forth the factual findings which are the basis for the imposition of sanctions. (1) In determining reasonable expenses, the party or parties to whom payment is to be made shall, at the hearing officer's discretion, either make a statement on the record under oath or submit a written declaration under penalty of perjury setting forth with specificity the expenses incurred as a result of the other party's conduct. (2) Within five days of the receipt of the hearing officer's order for the payment of expenses, a party or representative may, on the ground of hardship, request reconsideration from the hearing officer issuing the order. The request for reconsideration shall be filed in writing, and include a declaration under penalty of perjury. (c) The order or denial of an order to pay expenses under paragraph (b) is subject of procedural review in the same manner as a final decision pursuant to Subarticle 11. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); Section 43105, Health and Safety Code; and Sections 11455.30 and 11525, Government Code. s 60055.31. Failure to Appear. If after service of a Notice of Hearing, including Notice of Consolidated Hearing or Continuance, a party fails to appear at a hearing either in person or by representative, the hearing officer may take the proceeding off calendar, or may, at the request of a party, or on his or her own motion, adversely rule against the absent party. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Section 43105, Health and Safety Code. s 60055.32. Conduct of Hearing. (a) The hearing shall be presided over by a hearing officer who shall conduct a fair and impartial hearing in which each party has a reasonable opportunity to be heard and to present evidence. (b) The hearing shall be conducted in the English language. (c) Subject to reasonable limitations that may be imposed by the hearing officer, each party to the proceeding shall have the right to: (1) Call and examine witnesses; (2) Introduce exhibits; (3) Question opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examinations; (4) Impeach any witness regardless of which party first called the witness to testify; and (5) Call and examine an opposing party as if under cross-examination, even if that party does not testify on his or her own behalf. (d) Burden of Going Forth. (1) The executive officer has the initial burden of presenting evidence that those parts of the executive officer decision specifically challenged in the petition for review are supported by the facts and applicable law. (2) After the executive officer presents its evidence, the petitioner shall present documentation, testimony, or other evidence to support all claims made, including any affirmative defenses raised, that are pertinent to the issues presented to the hearing officer for determination. (3) Subject to the hearing officer's authority under subparagraph (e)(1) below, at the close of the petitioner's presentation of evidence, the parties may present rebuttal evidence that is necessary to resolve disputed issues of material fact. (e) The hearing officer may: (1) Limit the number of witnesses and the scope and extent of any direct examination, cross-examination, or rebuttal testimony, as necessary, to protect the interests of justice and conduct a reasonably expeditious hearing; (2) Require the authentication of any written exhibit or statement; (3) Call and examine a party or witness and may, on his or her own motion, admit any relevant and material evidence; (4) Exclude persons whose conduct impedes the orderly conduct of the hearing; (5) Restrict attendance because of the physical limitations of the hearing facility; or (6) Take other action to promote due process or the orderly conduct of the hearing. (f) The taking of evidence in a hearing shall be controlled by the hearing officer in the manner best suited to ascertain the facts and safeguard the rights of the parties. Prior to taking evidence, the hearing officer shall define the issues and the order in which evidence will be received. The hearing officer shall have discretion to decide whether conferences and informal discussions necessary to facilitate the orderly and expeditious conduct of the case will be conducted in closed session and/or be recorded. (g) Each matter in controversy shall be decided by the hearing officer upon a preponderance of the evidence test, unless otherwise provided under California law. (h) Hearings shall be recorded electronically. The recording made by the Administrative Hearing Office shall be the official recording of the hearing. (1) A verbatim transcript of the official recording will not normally be prepared, but may be ordered by the hearing officer if deemed necessary to permit a full and fair review and resolution of the case. If not so ordered by the hearing officer, a party may, at its own expense, request that a verbatim transcript be made. The party making the request shall provide one copy to the hearing officer and one copy to every other party. (2) The official recording of the hearing and transcript of the recording, together with all written submissions made by the parties, shall become part of the administrative record for the proceeding. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Section 43105, Health and Safety Code. s 60055.33. Evidence. (a) Testimony shall be taken only under oath or affirmation. (b) The hearing need not be conducted according to technical rules relating to evidence and witnesses. The hearing officer shall admit evidence which is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions, and which is not irrelevant, immaterial, unduly repetitious, or otherwise unreliable or of little probative value. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but upon timely objection shall not be sufficient in and of itself to support a finding unless it would be admissible over objection in civil actions. The application of these rules shall not affect the substantial rights of the parties as provided in the Evidence Code. (c) The rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized at the hearing. (d) Consistent with the provisions of section 60055.25(d), trade secret and other confidential information may be introduced into evidence. The hearing officer shall take all precautions to preserve the confidentiality of such information, and may make such orders as may be necessary to consider such evidence in a closed meeting, including the use of a supplemental order or decision to address matters which arise out of that portion of the evidence which is confidential. (e) In reaching a decision, official notice may be taken, either before or after submission of the proceeding for decision, of any generally accepted technical or scientific matter within the state board's area of expertise, and determinations, rulings, orders, findings and decisions, required by law to be made by the state board or the hearing officer. (1) The hearing officer shall take official notice of those matters set forth in section 451 of the Evidence Code. (2) The hearing officer may take official notice of those matters set forth in section 452 of the Evidence Code. (3) Each party shall give notice of a request to take official notice and be given reasonable opportunity on request to present information relevant to: (A) The propriety of taking official notice; and (B) The effect of the matter to be noticed. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); Section 43105, Health and Safety Code; and Sections 451 and 452, Evidence Code. s 60055.34. Evidence by Affidavit or Declaration. (a) At any time 20 or more days prior to a hearing or a continued hearing, a party may mail or deliver to the opposing party or parties a copy of any affidavit or declaration which the proponent proposes to introduce in evidence, together with a notice as provided in subdivision (b). Unless an opposing party, within seven days after such mailing or delivery, mails or delivers to the proponent a request to cross-examine the affiant or declarant the opposing party's right to cross-examine such affiant or declarant is waived and the affidavit or declaration, if introduced in evidence, shall be given the same effect as if the affiant or declarant had testified orally. If an opportunity to cross-examine an affiant or declarant is not afforded after request therefore is made as herein provided, the hearing officer may allow the affidavit or declaration to be introduced, but if it is allowed to be introduced, it shall only be given the same effect as other hearsay evidence. (b) The notice referred to in subdivision (a) shall be a separate document concurrently served with the affidavit or declaration, entitled "Notice of Intent to Use Declaration or Affidavit in Lieu of Oral Testimony." The title shall be in bold print. The content of the notice shall be substantially in the following form: "The accompanying affidavit or declaration of [insert name of affiant or declarant] will be introduced as evidence at the hearing in [insert title and docket number or petition number of proceeding]. [Insert name] will not be called to testify orally and you will not be entitled to question the affiant or declarant unless you notify [insert name of the proponent, representative, agent or attorney] at [insert address] that you wish to cross-examine the affiant or declarant. To be effective, your request must be mailed or delivered to [insert name of proponent, representative, agent or attorney] on or before [insert a date 7 days after the date of mailing or delivery of the affidavit to the opposing party]." Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Section 43105, Health and Safety Code. s 60055.35. Exclusion of Witnesses. Upon motion of a party, the hearing officer may exclude from the hearing room any witnesses not at the time under examination; but the parties or their representatives to the proceeding shall not be excluded. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Section 43105, Health and Safety Code. s 60055.36. Oral Argument and Briefs. (a) Prior to the close of the hearing, the hearing officer may, on his or her own motion, or upon motion of a party, grant and determine the length of oral argument. (b) Motions to submit written closing argument shall be made prior to the close of the hearing and shall be granted at the discretion of the hearing officer upon a determination that written argument will be productive and will not unreasonably delay the disposition of the proceeding. The hearing officer shall determine the appropriate page lengths of all post hearing briefs at the time he or she determines that the filing of closing arguments is appropriate. A party shall file written closing brief within 15 working days from the date of the hearing. Opposing parties may file a reply brief within 10 working days from service of the argument. The hearing officer may extend or reduce the above filing dates for submission of written argument for good cause. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Section 43105, Health and Safety Code. s 60055.37. Default Order. (a) Upon motion, the hearing officer may find a party to be in default upon failure, without good cause to appear at a scheduled conference or hearing; or to comply with an order of the hearing officer. (b) A default by the petitioner shall result in dismissal of the petition, with prejudice. (c) A default by the executive officer shall result in reversal of the decision of the executive officer that is under review. (d) Any proceeding may be reinstated by the hearing officer upon a showing of good cause that contains sufficient facts to show or establish a reasonable basis for the failure to appear at the hearing. The request for reinstatement shall be made by the defaulting party within 30 days of service of the default order. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Section 43105, Health and Safety Code. s 60055.38. Proposed Order or Decision of the Hearing Officer after Petition for Review Hearing; Order or Decision of the Board. (a) Unless otherwise ordered, all hearings on petitions for review shall be submitted at the close of the hearing unless otherwise extended by the hearing officer or provided in these rules. Within a reasonable period of time after the proceeding is submitted, the hearing officer shall make findings upon all facts relevant to the issues for hearing, and file a proposed order or decision with the reasons or grounds upon which the order or decision was made. (b) The proposed order or decision shall be in writing, signed and dated by the hearing officer deciding the proceeding. (c) The hearing officer shall immediately certify the administrative record and forward it, together with a copy of the proposed order or decision, to the clerk of the board. Within 30 days after receipt of the proposed order or decision, the clerk of the board shall serve a copy of the proposed order or decision on each party to the proceeding or its representative and shall issue a public notice that the state board will conduct a public hearing to consider adoption of the proposed order or decision of the hearing officer. At the public hearing, the state board may take any of the following actions: (1) Adopt the proposed order or decision in its entirety. (2) Make technical or other minor changes to the proposed order or decision and adopt it as its own. Actions under this subparagraph are limited to clarifying or other changes that do not affect the factual or legal basis of the proposed decision. (3) Refer the matter back to the hearing officer for the taking of additional evidence, or order that additional evidence be taken at a hearing before the state board itself. If the matter is remanded to the hearing officer, the hearing officer shall issue and serve upon the parties a new proposed order or decision based upon the new evidence that has been received. In such an event, the state board shall consider the newly proposed order or decision under the procedures set forth in this section. (4) Issue its own written order or decision, based on the administrative record and any additional evidence presented during the public hearing, setting forth findings of fact and conclusions of law regarding all issues necessary to support the order or decision. (d) The clerk of the state board shall serve a copy of the order or decision of the state board on the petitioner, other parties to the proceedings, and any member of the public who has requested a copy. The state board shall specify in the order or decision the date that order or decision becomes effective. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Section 43105, Health and Safety Code. s 60055.39. Reconsideration by the State Board. A party aggrieved by an order or decision of the state board relating to a petition for review of an executive officer decision pursuant to section 60055.38 of these rules, or an initial determination by the hearing officer that a hearing to consider a petition is not required by law, pursuant to section 60055.17 of these rules, may within 20 days of service of such order or decision, request that the state board reconsider its order or decision with respect to any matters covered therein. The request for reconsideration shall be filed with the clerk of the state board and shall be served on all parties and the hearing office. The request shall be deemed filed the date it is delivered or mailed to the clerk of the state board. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Section 43105, Health and Safety Code. s 60055.40. Requirements in Filing Request for Reconsideration; Comments Opposing Request. (a) A request for reconsideration of a state board's order or decision regarding a petition for review of an executive officer decision shall be signed by the party or its representative and verified under oath. The request shall be based upon one or more of the following grounds: (1) The hearing officer or the state board acted without or in excess of its powers; (2) The order or decision was procured by fraud; (3) The order or decision is not supported by the evidence or the findings of fact; (4) The requesting party has discovered new material evidence that could not, with reasonable diligence, have been discovered and produced at the hearing; or (5) The hearing officer and/or the state board have misapplied applicable law. (b) Any request for reconsideration shall specifically detail the grounds upon which the requesting party considers the order or decision to be unjust or unlawful and every issue to be considered on reconsideration. The requesting party shall be deemed to have fully waived all objections, irregularities, and illegalities concerning the proceeding upon which reconsideration is sought other than those specifically set forth in the request for reconsideration. The request for reconsideration will be denied if it contains no more than allegations of the statutory or constitutional grounds for reconsideration, unsupported by specific references to the record and principles of law involved. (c) When a request for reconsideration or answer thereto has been timely filed, the filing of supplemental papers or answers may be granted at the discretion of the state board. Parties requesting a copy of the hearing record shall bear the cost of reproduction. (d) The request for reconsideration may include a request that the order or decision of the state board be stayed pending resolution of the request for reconsideration. As provided in section 60055.41, the order or decision shall be automatically stayed for 20 days from the date of filing of the request for reconsideration. (e) Within ten days of being served with notice of a request for reconsideration, a party opposed to the request may file an opposition to the request with the clerk of the state board. The opposition shall be signed and verified under oath by the party or its representative and shall not exceed six pages. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Section 43105, Health and Safety Code. s 60055.41. Decision on Reconsideration; Stays. (a) The state board may upon the request of a party or its own motion, stay, suspend, or postpone the order or decision that it has issued while the request for reconsideration is pending. (b) The state board shall consider the request for reconsideration at the next scheduled board meeting at which the matter may be timely considered and may: (1) Review some, but not all issues raised by the request; (2) Affirm, rescind, or amend the findings and conclusions of law, of the order or decision; or (3) Direct the taking of additional evidence either by submission or further hearing. (A) If the state board orders the parties to submit additional evidence, notice and an opportunity to respond shall be given to all parties. (B) If the state board orders that additional evidence be taken at a further hearing conducted by the state board or the hearing officer assigned to the case and that additional findings of fact be made, notice of the time and place of the hearing shall be given to all parties and to such other persons that may be affected by the order. (C) The issues on further hearing shall be limited to those set forth in the order issued by the state board. (D) The time limits in section 60055.38 of these rules for filing an order or decision shall not apply to further hearings during reconsideration. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); Section 43105, Health and Safety Code; and Section 1140.10, Government Code. s 60055.42. Final Order or Decision; Effective Date. (a) If no request for reconsideration of state board's order or decision is filed within 30 days of the service of an order or decision, the initial order or decision of the state board shall become final. The effective date of the final order or decision shall be the date set forth in the state board's initial decision. (b) If reconsideration has been requested, the order or decision of the state board that addresses and fully disposes of the request for reconsideration is the final order or decision. The effective date of the order or decision shall be the date that the order or decision was served on the parties. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Section 43105, Health and Safety Code. s 60055.43. Judicial Review. (a) A party adversely affected by a final decision of the state board, may seek judicial review by filing a petition for a writ of mandate in accordance with section 1094.5 of the California Code of Civil Procedure. The right to petition shall not be affected by the failure to seek reconsideration before the agency. Such petition shall be filed within 30 days after the order or decision becomes final. (b) The state board may seek to enforce a final order or decision in superior court in accordance with applicable law. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); Section 43105, Health and Safety Code; and Section 1094.5, California Code of Civil Procedure. s 60060.1. Applicability. (a) This article governs review of Executive Officer determinations regarding compliance with the provisions of Health and Safety Code section 43105.5, and its implementing regulations, title 13, California Code of Regulations, section 1969. (b) The provisions of this article apply only to determinations issued on or after the effective date of this article. Note: Authority cited: Sections 39600, 39601 and 43105.5(e) and (f), Health and Safety Code. Reference: 43105.5(e) and (f), Health and Safety Code; Sections 11500, et seq., Government Code; Section 1969, title 13, California Code of Regulations; andMathews v. Eldridge(1976) 424 U.S. 319. s 60060.2. Definitions. (a) The definitions applicable to these rules include those set out in the Health and Safety Code (commencing with section 39010) and in Title 13, California Code of Regulations, section 1969(c). The definitions set forth in Title 17, California Code of Regulations, section 60065.2 shall also be applicable to the extent that such definitions do not conflict with any terms as defined below. To the extent that any definition in section 60065.2 is applicable to these hearing procedures, any reference to a section within Article 3 that is set forth in that definition shall be read as the parallel section within this Article. (b) The following definitions also apply: (1) "Executive Officer" is the Executive Officer of the state board and employees of the state board authorized to represent the Executive Officer in the determination made pursuant to title 13, CCR, section 1969(j). (2) "Interested Party" shall mean the covered person who filed the underlying request for audit that led to the issuance of a notice to comply. (3) "Party" refers to the Executive Officer or motor vehicle manufacturer appearing before a hearing officer in a hearing to review an Executive Officer determination against the motor vehicle manufacturer for noncompliance with Health and Safety Code section 43105.5 and title 13, California Code of Regulations section 1969 and also to an person whose motion to intervene has been granted pursuant to section 60060.8. (4) "Request for Review" refers to the document requesting an administrative hearing that may be filed by a motor vehicle manufacturer or the Executive Officer. (5) "Response" means a document that is responsive to the request for review filed by a party opposed to the review or the relief requested. Note: Authority cited: Sections 39010, 39600 and 39601, Health and Safety Code. Reference: Part 5 (commencing with 39010), and Sections 43105.5(e) and (f), Health and Safety Code; Section 1969, title 13, California Code of Regulations; andMathews v. Eldridge (1976) 424 U.S. 319. s 60060.3. Right to Representation. (a) A party may appear in person or through a representative, who is not required to be an attorney at law. The right to representation is at the party's own expense. Following notification that a party is represented by a person other than him or herself, all further communications regarding the proceedings shall be directed to that representative. (b) A representative of a party shall be deemed to control all matters respecting the interest of such party in the proceeding. Persons who appear as representatives shall not engage in unethical conduct or intentionally fail to observe the procedures set forth in these rules and the proper instructions or orders of the hearing officer. (c) A representative may withdraw an appearance by filing a written notice of withdrawal with the hearing office and by serving a copy on all parties. Note: Authority cited: Sections 39600, 39601 and 43105.5(e) and (f), Health and Safety Code. Reference: Sections 43105.5(e) and (f), Health and Safety Code; Section 1969, title 13, California Code of Regulations; andMathews v. Eldridge (1976) 424 U.S. 319. s 60060.4. Time Limits; Computation of Time. (a) All actions required under these rules shall be completed within the times specified in this article, unless extended by the hearing officer after a showing of good cause and consideration of prejudice to other parties. Requests for extensions of time for the filing of any pleading, letter, document, or other writing or completing any other required action must be received in advance of the date on which the filing or action is due and should contain sufficient facts to establish a reasonable basis for the relief requested. (b) In computing the time that a person has to perform an act or exercise a right, the day of the event initiating the running of the time period shall not be included and the last day of the time period shall be included. If the last day falls on a Saturday, Sunday, or a state holiday, time shall be extended to the next working day. (c) In computing time, the term "day" means calendar day, unless otherwise provided. (d) Unless otherwise indicated by proof of service, the mailing date shall be presumed to be the postmark date appearing on the envelope if first-class postage was prepaid and the envelope was properly addressed. (e) Where service of any pleading, petition, letter, document, or other writing is by mail, overnight delivery, or facsimile transmission (fax), pursuant to section 60060.5(c), and if within a given number of days after such service, a right may be exercised, or an act is to be performed, the time that such right may be exercised or act performed shall be extended as provided in section 60060.5(c). (f) Papers delivered to or received by the hearing office during regular business hours (8 a.m. to 5 p.m.) will be filed on that date. Papers delivered or received at times after regular business hours will be filed on the next regular business day. Note: Authority cited: Sections 39600, 39601 and 43105.5(e) and (f), Health and Safety Code. Reference: Sections 43105.5(e) and (f), Health and Safety Code; Section 1969, title 13, California Code of Regulations; andMathews v. Eldridge (1976) 424 U.S. 319. s 60060.5. Service, Notice and Posting. (a) Except as otherwise provided in this article, the original of every pleading, petition, letter, document, or other writing served in a proceeding under these rules shall be filed with the hearing office. (b) A copy of the request for review shall be concurrently served on all other parties. (c) Unless otherwise required, service of any documents in the proceedings may be made by personal delivery, by United States first-class or interoffice mail, by overnight delivery, or by fax. (1) Service is complete at the time of personal delivery. (2) In the case of first-class mail, the documents to be served must be deposited in a post office, mailbox or mail chute, or other like facility regularly maintained by the United States Postal Service, in a sealed envelope, properly addressed to the person on whom it is to be served at the address as last given by that person on any document filed in the present cause of action and served on the party making service or otherwise at the place of residence of the person to be served. The service is complete at the time of the deposit, but any period of notice and any right or duty to do any act or to make any response within any period or date prescribed after service of the document shall be extended five days if the place of address is within the State of California, ten days if the place of address is outside the State of California but within the United States, and fifteen days if the place of address is outside the United States. (3) If served by overnight delivery, or interoffice mail, the document must be deposited in a box or other facility regularly maintained for interoffice mail or by the express service carrier, or delivered to an authorized courier or driver authorized by the express service carrier to receive documents, in an envelope or package designated by the express service carrier with delivery fees paid or provided for, addressed to the person on whom it is to be served, at the address as last given by the person on any document filed in the present cause of action and served on the party making service or otherwise at that place of residence of the person to be served. The service is complete at the time of the deposit, but any period of notice and any right or duty to do any act or to make any response within any period or date prescribed after service of the document shall be extended two days. (4) If served by fax, the document must be transmitted to a fax machine maintained by the person on whom it is served at the fax machine telephone number as last given by that person on any document which he or she has filed in the present cause of action and served on the party making the service. The service is complete at the time of the transmission, but any period of notice and any right or duty to do any act or to make any response within any period or date prescribed after service of the document shall be extended two days. (d) Each document filed shall be accompanied by a proof of service on each party or its representative of record on the date of service. The proof of service shall state whether such service was made personally, first-class mail, overnight delivery, or fax. (1) Where service is made by personal delivery, the declaration shall show the date and place of delivery and the name of the person to whom the documents were handed. Where the person making the service is unable to obtain the name of the person to whom the documents were handed, the person making the service may substitute a physical description for the name. (2) Where service is made by first-class mail or overnight delivery, the declaration shall show the date and place of deposit in the mail, the name and address of the person served as shown on the mailing envelope and that the envelope was sealed and deposited in the mail with the postage fully prepaid. (3) Where service is made by fax, the declaration shall show the method of service on each party, the date sent, and the fax number to which the document was sent. (e) The proof of service declaration shall be signed by the person making it and contain the following statement above the signature: "I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and this declaration was executed at (City, State) on (Date)." The name of the declarant shall be typed and signed below this. (f) Proof of service made in accordance with the California Code of Civil Procedure section 1013a complies with this regulation. (g) Service and notice to a party who has appeared through a representative shall be made upon such representative. Note: Authority cited: Sections 39600, 39601 and 43105.5(e) and (f), Health and Safety Code. Reference: Sections 43105.5(e) and (f), Health and Safety Code; Sections 11182 and 11184, Government Code; Sections 1013 and 1013a, Code of Civil Procedure; Section 1969, title 13, California Code of Regulations; andMathews v. Eldridge (1976) 424 U.S. 319. s 60060.6. Motions. (a) Any motion or request for action by the hearing officer filed by any party, except those made orally on the record at a hearing, shall be in writing and filed with the hearing officer, with written notice and proof of service to all parties. The caption of each motion shall contain the title and docket number of the proceeding and a clear and plain statement of the relief sought and supporting rationale. (b) Except as otherwise provided by statute or these regulations, or as ordered by the hearing officer, a motion shall be made and filed at least 15 days before the date set for the motion to be heard or the commencement of the hearing on the merits. Any response to the motion shall be filed and served no later than five days before the motion is scheduled to be heard or as ordered by the hearing officer. (c) The hearing office shall set the time and place for the hearing of the motion. The hearing shall occur as soon as practicable. (d) Except as otherwise provided by statute or these regulations, the hearing officer may decide a motion filed pursuant to this section without oral argument. Any party may request oral argument at the time of the filing of the motion or the response. If the hearing officer orders oral argument, the party requesting oral argument, or any party directed to do so by the hearing officer, shall serve written notice on all parties of the date, time and place of the oral argument. The hearing officer may direct that oral argument be made by telephone conference call. The hearing officer may order that the proceedings be recorded. (e) The hearing officer shall issue a written order deciding any motion, unless the motion is made during the course of the hearing on the merits while on the record. The hearing officer may request that the prevailing party prepare a proposed order. Note: Authority cited: Sections 39600, 39601 and 43105.5(e) and (f), Health and Safety Code. Reference: Sections 43105.5(e) and (f), Health and Safety Code; Section 1969, title 13, California Code of Regulations; andMathews v. Eldridge (1976) 424 U.S. 319. s 60060.7. Form of Pleadings. (a) Except as otherwise expressly provided in this article or by the hearing officer, there are no specific requirements as to the form of documents filed in a proceeding under these rules. (b) The filing party or its representative shall sign the original of any pleading, letter, document, or other writing (other than an exhibit). The signature constitutes a representation by the signer that it has read the document, that to the best of its knowledge, information and belief, the statements made therein are true, and that it has not filed the document for the purpose of delay. (c) The initial document filed by any person shall indicate his or her status (as a party or representative of the party) and shall contain his or her name, address and telephone number. Any changes in this information shall be communicated promptly to the hearing office and all parties to the proceeding. A party who fails to furnish such information and any changes to it shall be deemed to have waived his or her right to notice and service under these rules. Note: Authority cited: Sections 39600, 39601 and 43105.5(e) and (f), Health and Safety Code. Reference: Sections 43105.5(e) and (f), Health and Safety Code; Section 1969, title 13, California Code of Regulations; andMathews v. Eldridge (1976) 424 U.S. 319. s 60060.8. Motion to Intervene. (a) Any person may file a motion to intervene. (b) The hearing officer shall grant, as a matter of right, a timely written motion to intervene filed by an interested party to the determination for which review has been requested. (c) As to other persons, the hearing officer may grant such a motion to intervene if all of the following conditions are satisfied: (1) The motion is in writing, with copies served on all parties named in the request for review. (2) The motion is made as early as practicable. (3) The motion states facts demonstrating that the proceeding will substantially affect the requesting person's legal rights, duties, privileges, or immunities. (4) The hearing officer determines that the interests of justice and the orderly and prompt conduct of the proceeding will not be impaired by allowing the intervention. (d) Upon a motion filed under paragraph (b) or (c) being granted, the hearing officer may impose conditions on the intervenor's participation in the proceeding, either at the time that intervention is granted or at a later time. Conditions may include: (1) Limiting the intervenor's participation to designated issues in which the intervenor has a particular interest demonstrated by the motion. (2) Limiting or excluding the use of discovery, cross-examination, and other procedures involving the intervenor so as to promote the orderly and prompt conduct of the proceeding. (3) Requiring two or more intervenors to combine their presentations of evidence and argument, cross-examination, discovery, and other participation in the proceeding. (4) Limiting or excluding the intervenor's participation in settlement negotiations. Note: Authority cited: Sections 39600, 39601 and 43105.5(e) and (f), Health and Safety Code. Reference: Sections 43105.5(e) and (f), Health and Safety Code; Section 1969, title 13, California Code of Regulations; andMathews v. Eldridge (1976) 424 U.S. 319. s 60060.9. Limitations on Written Legal Arguments or Statements (a) Any written legal argument or statement submitted to the hearing officer by a participant in an action under this part shall be double spaced and typed in a font size 12 point or larger. Except as otherwise provided by this part, or otherwise authorized by the hearing officer for good cause shown, no written legal argument, exclusive of any supporting documentation, may exceed: (1) Fifteen pages, for arguments in support of or opposition to motions; and (2) Five pages, for reply arguments. Note: Authority cited: Sections 39600, 39601 and 43105.5(e) and (f), Health and Safety Code. Reference: Sections 43105.5(e) and (f), Health and Safety Code; Section 1969, title 13, California Code of Regulations; andMathews v. Eldridge (1976) 424 U.S. 319. s 60060.10. Interpreters and Other Forms of Accommodation. (a) In proceedings where a party, a party's representative, or a party's expected witness requires an interpreter for any language, including sign language, that party shall be responsible for notifying the hearing office as soon as the requirement is known, but no later than ten days prior to the first day of hearing. The hearing officer may allow later notification for good cause. The hearing office shall be responsible for securing the interpreter, and for providing reasonable accommodation. (b) The state board shall pay the cost of interpreter services if the hearing officer so directs. In determining who should pay the cost of the interpreter, the hearing officer shall base the decision on equitable considerations, including the ability of the party in need of the interpreter to pay the cost. Note: Authority cited: Sections 39600, 39601 and 43105.5(e) and (f), Health and Safety Code. Reference: Sections 43105.5(e) and (f), Health and Safety Code; Sections 11425.10, 11435.25, 11435.30 and 11435.55, Government Code; Section 751, Evidence Code; Section 1969, title 13, California Code of Regulations; andMathews v. Eldridge (1976) 424 U.S. 319. s 60060.11. Authority of Hearing Officers. (a) The hearing officer shall have authority to review matters arising under Health and Safety Code section 43105.5 and title 13, CCR, section 1969(k). Such authority shall include those matters in which: (1) A motor vehicle manufacturer has contested a notice to comply that has been issued by the Executive Officer because the motor vehicle manufacturer has allegedly failed to comply with the provisions of section 43105.5 or the implementing regulations, title 13, CCR, section 1969; (2) The Executive Officer has requested review and issuance of a compliance order against a motor vehicle manufacturer who has failed to request review of a notice to comply and has not filed a compliance plan as required by the notice to comply; and (3) The Executive Officer has rejected a compliance plan submitted by a motor vehicle manufacturer pursuant to section 43105.5(e); and (4) The Executive Officer has requested review and issuance of a compliance order against a motor vehicle manufacturer that has failed to comply with the terms of an approved compliance plan. (b) Except as may be specifically limited in title 13, CCR, section 1969, in any matter subject to review pursuant to these rules, the hearing officer shall have the authority to do any act and take all measures necessary for the maintenance of order and for the efficient, fair and impartial adjudication of issues arising in proceedings governed by these rules, including, but not limited to, authority to hold prehearing conferences; conduct hearings to determine all issues of fact and law presented; to rule upon motions, requests and offers of proof, dispose of procedural requests, and issue all necessary orders; administer oaths and affirmations and take affidavits or declarations; to issue subpoenas and subpoenas duces tecum for the attendance of a person and production of testimony, books, documents, or other things; to compel the attendance of a person residing anywhere in the state; to rule on objections, privileges, defenses, and the receipt of relevant and material evidence; to call and examine a party or witness and introduce into the hearing record documentary or other evidence; to request a party at any time to state the respective position or supporting theory concerning any fact or issues in the proceeding; to certify official acts; to extend the submittal date of any proceeding; to hear and determine all issues of fact and law presented and to issue such interlocutory and final orders, findings, decisions, and appropriate remedies, including penalties, as may be necessary for the full adjudication of the matter. Note: Authority cited: Sections 39600, 39601 and 43105.5(e) and (f), Health and Safety Code. Reference: Sections 43105.5(e) and (f), Health and Safety Code; Sections 11181-11182 and 11425.30, Government Code; Section 1969, title 13, California Code of Regulations; andMathews v. Eldridge (1976) 424 U.S. 319. s 60060.12. Disqualification. (a) The hearing officer shall disqualify himself or herself and withdraw from any case in which he or she cannot accord a fair and impartial hearing. (b) A hearing officer may not hear any case in which he or she has previously served as an investigator, prosecutor, or advocate. (c) Any party may request the disqualification of a hearing officer by filing an affidavit or declaration under penalty of perjury. A request against the hearing officer must be made no later than five days prior to the commencement of a prehearing conference or first day of hearing on the merits, whichever is earlier. The affidavit or declaration must state with particularity the grounds upon which it is claimed that a fair and impartial hearing cannot be accorded. The issue shall be determined, in the first instance, by the hearing officer against whom the request for disqualification has been filed. Note: Authority cited: Sections 39600, 39601 and 43105.5(e) and (f), Health and Safety Code. Reference: Sections 43105.5(e) and (f), Health and Safety Code; Sections 11425.10, 11425.30, 11425.40 and 11512, Government Code; Section 1969, title 13, California Code of Regulations; andMathews v. Eldridge (1976) 424 U.S. 319. s 60060.13. Prohibited Communications. (a) Except as otherwise provided in this section, while the proceeding is pending, the hearing officer shall not participate in any communications with any party, representative of a party, or any person who has a direct or indirect interest in the outcome of the proceeding about the subject matter or merits of the case at issue, without notice and opportunity of all parties, to participate in communication. (b) No pleading, letter, document, or other writing shall be filed in a proceeding under these rules by a party unless service of a copy thereof together with any exhibit or attachment is made on all other parties to a proceeding. Service shall be in a manner as prescribed in section 60060.5. (c) For the purpose of this section, a proceeding is pending from the time that a request for review is first filed with the hearing office. (d) Communications prohibited under paragraph (a) do not include communications concerning matters of procedure or practice, including requests for continuances that are not in controversy. (e) A communication between a hearing officer and an employee of the state board that would otherwise be prohibited by this section is permissible if the employee is another employee of the hearing office whose job duties include aiding the hearing officer in carrying out the hearing officer's adjudicative responsibilities. Upon request, the hearing office will provide a list of employees of the hearing office to the parties. The prohibitions of paragraph (a) that apply to the hearing officer shall also apply to such other employees employed in the hearing office. Communications permitted under this paragraph shall not furnish, augment, diminish, or modify the evidence in the record. Note: Authority cited: Sections 39600, 39601 and 43105.5(e) and (f), Health and Safety Code. Reference: Sections 43105.5(e) and (f), Health and Safety Code; Sections 11425.10 and 11430.70-11430.80, Government Code; Section 1969, title 13, California Code of Regulations; andMathews v. Eldridge (1976) 424 U.S. 319. s 60060.14. Disclosure of Communication. (a) If, while the proceeding is pending, but before serving as hearing officer, the hearing officer receives a communication of a type that would be in violation of this subarticle if received while serving as hearing officer, he or she shall, promptly after starting to serve, disclose the content of the communication on the record and give all parties an opportunity to address it as provided below. (b) If a hearing officer receives a communication in violation of this article, the hearing officer shall make all of the following a part of the record in the proceeding: (1) If the communication is written, the writing and any written response of the hearing officer to the communication; and (2) If the communication is oral, a memorandum stating the substance of the communication, any response made by the hearing officer, and the identity of each person from whom the hearing officer received the communication. (c) The hearing officer shall notify all parties that a communication described in this section has been made a part of the record. (d) If a party requests an opportunity to address the communication within ten days after receipt of notice of the communication: (1) The party shall be allowed to comment on the communication. (2) The hearing officer has discretion to allow the party to present evidence concerning the subject of the communication, including discretion to reopen a hearing that has been concluded. (e) Receipt of ex parte communications may be cause for disqualification of the hearing officer. Note: Authority cited: Sections 39600, 39601 and 43105.5(e) and (f), Health and Safety Code. Reference: Sections 43105.5(e) and (f), Health and Safety Code; Sections 11425.10 and 11430.10 et. seq., Government Code; Section 1969, title 13, California Code of Regulations; Sections 11425.10 and 11430.10 et. seq., Government Code; andMathews v. Eldridge (1976) 424 U.S. 319. s 60060.15. Requests for Review by a Motor Vehicle Manufacturer. (a) A motor vehicle manufacturer may file a request that a hearing officer review an Executive Officer determination to issue a notice to comply against the motor vehicle manufacturer, pursuant to Health and Safety Code section 43105.5(e) and title 13, CCR, section 1969(j). (b) The motor vehicle manufacturer shall file the request for hearing within 30 days from the date that the Executive Officer issues a determination to issue a notice to comply. The hearing officer may, for good cause, extend the time for such filing. (c) A failure to file a timely request for hearing of the Executive Officer's determination to issue a notice to comply, without alternatively serving on the Executive Officer a compliance plan as required by title 13, CCR, section 1969(j)(8), will result in the Executive Officer determination becoming final. The manufacturer's failure to pursue administrative review could subject the manufacturer to penalties pursuant to Health and Safety Code section 43105.5(f) and title 13, CCR, section 1969(l). Note: Authority cited: Sections 39600, 39601 and 43105.5(e) and (f), Health and Safety Code. Reference: Sections 43105.5(e) and (f), Health and Safety Code; Section 1969, title 13, California Code of Regulations; andMathews v. Eldridge (1976) 424 U.S. 319. s 60060.16. Requests for Review by the Executive Officer. (a) The Executive Officer shall file a request for hearing officer review and issuance of a compliance order when: (1) The Executive Officer has issued a notice to comply against a manufacturer and the manufacturer has failed to either request administrative review of the determination, or, in the alternative, to submit a compliance plan as required under Title 13, CCR, section 1969(j)(8). The Executive Officer shall file the request for review within 30 days from the last day that the manufacturer had to file either a request for review of the determination with the hearing office or submit a compliance plan to the Executive Officer. (2) A motor vehicle manufacturer has submitted a compliance plan pursuant to Title 13, CCR, section 1969(j)(8), and the Executive Officer has determined pursuant to the procedures set forth in section 1969(j)(9) that the compliance plan is unacceptable. The Executive Officer shall file the request for review within 30 days from the date that he or she issues the determination. (3) A motor vehicle manufacturer has had a compliance plan approved pursuant to Title 13, CCR, section 1969(j)(9) but has failed to comply with the terms of the plan. (b) The hearing officer may, for good cause, extend the time for such filing. Note: Authority cited: Sections 39600, 39601 and 43105.5(e) and (f), Health and Safety Code. Reference: Sections 43105.5(e) and (f), Health and Safety Code; Section 1969, title 13, California Code of Regulations; andMathews v. Eldridge (1976) 424 U.S. 319. s 60060.17. Content of a Request for Review. A request for review is not required to follow any particular form or format. But the request for review shall include all of the following. (a) The signature of the requesting party or its designated representative. (b) Copies of and specific reference to the respective determination of the Executive Officer that is the subject of the request for review (i.e., the notice to comply issued against the motor vehicle manufacturer, or the determination rejecting the motor vehicle manufacturer's compliance plan). (c) The correct business address of the requesting party and, if applicable, the name and address of the party's designated representative. (d) The name and address of any interested party identified in the challenged determination. (e) A statement of the circumstances or arguments that are the basis of the request for hearing, with specific reference to the evidence that was before the Executive Officer that supports such arguments. (f) A statement of the proposed relief sought by the requesting party. Note: Authority cited: Sections 39600, 39601 and 43105.5(e) and (f), Health and Safety Code. Reference: Sections 43105.5(e) and (f), Health and Safety Code; Section 1969, title 13, California Code of Regulations; andMathews v. Eldridge (1976) 424 U.S. 319. s 60060.18. Notice of Receipt of Request for Review. (a) Upon receipt of a timely request for review, the hearing office shall review the request for completeness. (b) If the request does not include the information required under section 60060.17, the hearing office shall immediately acknowledge receipt of the request and notify the requesting party of the deficiencies that must be corrected before the request for hearing may be deemed filed and docketed. The requesting party shall have 10 days from the date of mailing the notice of deficiencies to submit a complete request for hearing. If the deficiencies are not corrected within the 10 days or the time provided for initially filing the request in sections 60060.15 through 60060.16, whichever is later, the underlying Executive Officer determination will become final. (c) If the hearing office finds the request for hearing to be complete, it shall deem the request filed on the date that the request was received and notify the requesting party, the Executive Officer, and any identified interested party that a request for hearing has been filed. (d) Except as provided in paragraph (f) below, the notice shall inform the parties that: (1) Copies of these hearing procedures are available from the hearing office and that the procedures set forth at Government Code section 11500 et seq. are not applicable. (2) Interested parties may file a motion to intervene pursuant to these rules if they wish to participate in the hearing. (3) The parties shall submit to the hearing office responsive and reply arguments by the dates specified in these procedures. (4) The parties have the right to be represented by counsel or other representative of their choosing and the right to an interpreter or other necessary accommodation. (e) Upon being informed that the request for review is complete, the Executive Officer shall forward to the hearing officer, within 15 days from the date of service, a certified copy of the Executive Officer determination that is the subject of the request for review and the investigative record that was compiled during the Executive Officer's investigation. (f) In those matters in which the Executive Officer has requested review of his or her determination to issue a notice to comply because the manufacturer has failed to contest the notice or, in the alternative, submit a compliance plan, the notice shall inform the parties that no hearing on the merits of the underlying Executive Officer determination will be held. Instead the notice shall inform the parties that the hearing officer will issue a compliance order against the motor vehicle manufacturer within 30 days of receipt from the Executive Officer of a certified copy of the Executive Officer determination and investigative record. Note: Authority cited: Sections 39600, 39601 and 43105.5(e) and (f), Health and Safety Code. Reference: Sections 43105.5(e) and (f), Part 5, Health and Safety Code; Section 11425.10, Government Code; Section 1969, title 13, California Code of Regulations; andMathews v. Eldridge (1976) 424 U.S. 319. s 60060.19. Response to Request for Review. Any party opposed to a filed request for review shall file a response within 30 days after service of the notice of filing by the hearing office. The response shall be in writing and address the issues raised in the request for hearing. The response should include any rebuttal to the issues and arguments raised by the party requesting review, with specific reference to the investigative record that was before the Executive Officer when he or she made a determination that is the subject of the review before the hearing officer. The response shall be in the form of a declaration signed under penalty of perjury. Note: Authority cited: Sections 39600, 39601 and 43105.5(e) and (f), Health and Safety Code. Reference: Sections 43105.5(e) and (f), Health and Safety Code; Section 1969, title 13, California Code of Regulations; andMathews v. Eldridge (1976) 424 U.S. 319. s 60060.20. Reply. Within 15 days of receipt of the last submitted response, the party requesting review may file a reply responding to the contentions raised in any response. The reply shall be in the form of a declaration signed under penalty of perjury. Note: Authority cited: Sections 39600, 39601 and 43105.5(e) and (f), Health and Safety Code. Reference: Sections 43105.5(e) and (f), Health and Safety Code; Section 1969, title 13, California Code of Regulations; andMathews v. Eldridge (1976) 424 U.S. 319. s 60060.21. Extensions of Time for Submitting a Response or Reply. The time period for submitting a response required under section 60060.19 or a reply under section 60060.20 may be extended: (1) By stipulation of the parties for 30 additional days to allow the parties to conduct informal settlement negotiations; or (2) Upon motion to the hearing officer, who may extend the time period for up to 30 days, if the moving party can show good cause and if the other parties are not prejudiced by a delay. Note: Authority cited: Sections 39600, 39601 and 43105.5(e) and (f), Health and Safety Code. Reference: Sections 43105.5(e) and (f), Health and Safety Code; Section 1969, title 13, California Code of Regulations; andMathews v. Eldridge (1976) 424 U.S. 319. s 60060.22. Stays Pending Issuance of Hearing Officer's Decision. Pending the hearing officer issuing its decision, a motor vehicle manufacturer contesting an Executive Officer determination to issue a notice to comply or to reject a compliance plan submitted in response to a notice to comply shall not be required to take any action in response to the challenged Executive Officer determination. Note: Authority cited: Sections 39600, 39601 and 43105.5(e) and (f), Health and Safety Code. Reference: Sections 43105.5(e) and (f), Health and Safety Code; Section 1969, title 13, California Code of Regulations; andMathews v. Eldridge (1976) 424 U.S. 319. s 60060.23. Schedule of Review Proceedings. (a) Upon receipt of a request for review, the administrative hearing office of the state board shall assign an administrative law judge to be the hearing officer, unless staffing and other resources of the hearing office would prevent timely consideration of the matter. If the resources of the administrative hearing office prevent assignment, the administrative hearing office shall refer the matter to the State Office of Administrative Hearings for assignment. (b) With the consent of the parties, hearings shall be conducted based on the written record certified by the Executive Officer and the written submissions of the parties, whenever possible. (c) For matters that are to be decided based upon the submitted written record, the hearing officer shall serve upon the parties a schedule setting forth the date that the record will be closed and submitted for decision. (d) For hearings requiring personal appearances, the hearing officer shall serve upon the parties the dates scheduled for hearing for the purpose of taking evidence. Such hearing shall not be set earlier than 30 days from the date that the notice is served on all parties. (e) Upon either a motion of the hearing officer or any party, the hearing officer may grant such delays or adjustments to the schedule for the review proceedings as may be necessary or desirable in the interest of fairness. In filing a motion, the moving party shall file the request not less than five days prior to the date set for the action covered by the request and shall submit such evidence to establish good cause for the requested delay or adjustment to the schedule. If the hearing officer orders a delay or adjustment to schedule, he or she shall provide written notice to all parties. Note: Authority cited: Sections 39600, 39601 and 43105.5(e) and (f), Health and Safety Code. Reference: Sections 43105.5(e) and (f), Health and Safety Code; Sections 11509 and 11440.30, Government Code; Section 1969, title 13, California Code of Regulations; andMathews v. Eldridge (1976) 424 U.S. 319. s 60060.24. Consolidation, Separation of Proceedings. (a) Upon the motion of a party or upon the hearing officer's own motion, the hearing officer may consolidate for review and decision: (1) Any number of proceedings involving the same parties; and (2) Any number of proceedings involving common issues of law or fact where consolidation would expedite and simplify consideration of the issues and would not adversely affect the rights of the parties. (b) Upon the motion of a party or upon the hearing officer's own motion, the hearing officer may, in furtherance of convenience or to avoid prejudice, or when separate review proceedings will be conducive to expedition and economy, order a separate review proceeding of any issue or any number of issues, including issues raised in a party's response to a request for hearing. Note: Authority cited: Sections 39600, 39601 and 43105.5(e) and (f), Health and Safety Code. Reference: Sections 43105.5(e) and (f), Health and Safety Code; Section 1969, title 13, California Code of Regulations; andMathews v. Eldridge (1976) 424 U.S. 319. s 60060.25. Discovery. (a) The provisions of this section provide the exclusive right to, and method of, discovery as to any proceeding governed by these review procedures. Nothing in this section prohibits the parties from voluntarily stipulating to exchange any information that they deem appropriate. This section does not authorize the inspection or copying of, any writing or thing that is privileged from disclosure by law or protected as part of an attorney's work product. (b) No discovery is available to the parties in matters forwarded to the hearing officer for issuance of compliance orders pursuant to section 60060.16(a)(1). (c) For other hearings, within 30 days from the date of service of the notice of filing, a party may serve on any other party to the proceeding a written request, for the following: (1) The names and addresses of witnesses to the extent known to the other party, including, but not limited to, those intended to be called to testify at the hearing; and (2) The opportunity to inspect and make a copy of any thing, document, statement or other writings relevant to the issues for hearing that are in the possession, custody or control of another party to the proceeding and would be admissible in evidence. This includes the following information from the investigative file compiled by the Executive Officer: (i) the names and addresses of witnesses or of persons (other than confidential informants) having personal knowledge of the issues involved in the proceeding, (ii) matters perceived by the investigator in the course of his or her investigation (as opposed to his or her analysis or conclusions), and (iii) statements related to the issues of the proceedings which are otherwise admissible. (d) The parties subject to the requirements of paragraph (c) shall arrange a mutually convenient time for the exchanging of the names and addresses of witnesses and the inspecting and copying of relevant things, documents, statements, and other writings identified in subparagraph (B) above, but such date shall not be later than 30 days from the date of receipt of the request made pursuant to subparagraph (b)(1). Unless other arrangements are made, the party requesting the writings shall pay for the copying. (e) Absent a stipulation between the parties, a party claiming that certain writings or things are privileged against disclosure shall, within 15 days of receipt of the request for inspection and copying, serve on the requesting party a written statement setting forth what matters it claims are privileged and the reasons supporting its claims. (f) A party may file a motion requesting that the hearing officer allow further discovery. The motion shall specify the proposed method of discovery that it would like to use and shall include affidavits describing in detail the nature of the information that the requesting party seeks through discovery, the relevance and probative value of the information, proposed time and place of the discovery (if applicable), and why the need for the information was not previously raised with the Executive Officer during his or her consideration of the determination under review. After fully considering the arguments of the parties, the hearing officer may order such discovery that will promote a full and fair hearing. The hearing officer's order shall set forth the form and method of permissible discovery and the time and place for its occurrence. (g) Proceeding to Compel Discovery. (1) Any party claiming that its request for discovery pursuant to this section has not been complied with or that the opposing party has failed to comply with a stipulated agreement to provide discovery may serve and file with the hearing officer a motion to compel the party who has refused or failed to produce the requested or stipulated discovery to comply. The motion shall include the following: (A) Facts showing the party has failed or refused to comply with a discovery request or stipulation; (B) A description of the information sought to be discovered; (C) The reasons why the requested information is discoverable; (D) Evidence that a reasonable and good faith attempt to contact the noncomplying party for an informal resolution of the issue has been made; and (E) To the extent known by the moving party, the measures for the noncomplying party's refusal to provide the requested information. (2) The motion shall be filed within 15 days after the date the requested information was to be made available for inspection and copying or the date a deposition was scheduled to take place and served upon the party who has failed or refused to provide discovery. (3) The hearing on the motion to compel discovery shall be held within 15 days after the motion is filed, or a later time that the hearing officer may on his or her own motion for good cause determine. The party who has refused or failed to provide discovery shall have the right to serve and file a written answer or other response which shall be due at the hearing office and personally served on all parties at least three days prior to the date set for hearing. (4) Where the matter sought to be discovered is under the custody or control of the party who has refused or failed to provide discovery and that party asserts that the matter is not a discoverable matter under this section, or is privileged against disclosure, the hearing officer may order that the party in custody lodge with the hearing office the matters identified in subdivision (b) of section 915 of the Evidence Code, and the hearing officer shall examine the matters in accordance with those provisions. (5) The hearing officer shall decide the case on the matters examined in a closed meeting, the papers filed by the parties, and such oral argument and additional evidence as the hearing officer may allow. (6) Unless otherwise stipulated by the parties, the hearing officer shall no later than 15 days after the hearing make its order denying or granting the motion. The order shall be in writing setting forth the matters the moving party is entitled to discover. The hearing office shall serve a copy of the order by mail upon the parties. Where the order grants the motion in whole, or in part, the order shall not become effective until ten days after the date the order is served. Where the order denies relief to the moving party, the order shall be effective on the date it is served. (7) If after receipt of an order directing compliance with the provisions of these rules regarding discovery, a party fails, without good cause, to comply with the order, the hearing officer may draw adverse inferences against that party and may prevent that party from introducing any evidence that had been requested and not produced during discovery into the administrative record. Note: Authority cited: Sections 39600, 39601 and 43105.5(e) and (f), Health and Safety Code. Reference:; Sections 43105.5(e) and (f), Health and Safety Code; Sections 11189 and 11507.6, Government Code; Section 915(b), Evidence Code; Section 1969, title 13, California Code of Regulations; andMathews v. Eldridge (1976) 424 U.S. 319. s 60060.26. Contempt. If any person in proceedings before the hearing officer disobeys or resists any lawful order or, if applicable, refuses to take the oath or affirmation as a witness or thereafter refuses to be examined, or is guilty of misconduct during a hearing, the hearing officer may certify the facts to the superior court in and for the county where contempt proceedings are held pursuant to Government Code section 11455.20. Note: Authority cited: Sections 39600, 39601 and 43105.5(e) and (f), Health and Safety Code. Reference: Sections 43105.5(e) and (f), Health and Safety Code; Sections 11455 and 11525, Government Code; Section 1969, title 13, California Code of Regulations; andMathews v. Eldridge (1976) 424 U.S. 319. s 60060.27. Sanctions. (a) Notwithstanding the above, the hearing officer may order a party, a party's representative or both, to pay reasonable expenses, including attorney's fees, incurred by another party as a result of bad faith actions or tactics that are frivolous or solely intended to cause unnecessary delay. (1) "Actions or tactics" include, but are not limited to, the making or opposing of motions and the failure to comply with a lawful order of the hearing officer. (2) "Frivolous" means: (A) Totally and completely without merit, or (B) For the sole purpose of harassing an opposing party. (b) An order for sanctions shall be in writing and shall set forth the factual findings that are the basis for the imposition of sanctions. (1) In determining reasonable expenses, the party or parties to whom payment is to be made shall, at the hearing officer's discretion, either make a statement on the record under oath or submit a written declaration under penalty of perjury setting forth with specificity the expenses incurred as a result of the other party's conduct. (2) Within five days of the receipt of the hearing officer's order for the payment of expenses, a party or representative may, on the ground of hardship, request reconsideration from the hearing officer issuing the order. The request for reconsideration shall be filed in writing, and include a declaration under penalty of perjury. (c) The order or denial of an order to pay expenses under paragraph (b) is subject of procedural review in the same manner as a final decision pursuant to Subarticle 11. Note: Authority cited: Sections 39600, 39601 and 43105.5(e) and (f), Health and Safety Code. Reference: Sections 43105.5(e) and (f), Health and Safety Code; Sections 11455.30 and 11525, Government Code; Section 1969, title 13, California Code of Regulations; andMathews v. Eldridge (1976) 424 U.S. 319. s 60060.28. Failure to Appear. If after service of a notice of hearing, including notice of consolidated hearing or continuance, a party fails to appear at a hearing either in person or by representative, the hearing officer may take the proceeding off the calendar or such other appropriate action to insure the rights and interests of all parties under Health and Safety Code section 43105.5 and title 13, CCR, section 1969 et seq. Note: Authority cited: Sections 39600, 39601 and 43105.5(e) and (f), Health and Safety Code. Reference: Sections 43105.5(e) and (f), Health and Safety Code; Sections 11455.30 and 11525, Government Code; Section 1969, title 13, California Code of Regulations; andMathews v. Eldridge (1976) 424 U.S. 319. s 60060.29. Conduct of Hearings. (a) All hearings shall be presided over by a hearing officer who shall conduct a full and fair hearing in which all parties have a reasonable opportunity to be heard and to present evidence. (b) All hearings shall be conducted in the English language, although any party may request the assistance of an interpreter. (c) In matters brought before the hearing officer pursuant to a request for review filed by the Executive Officer under section 60060.16(a)(1), no hearing on the merits of the underlying Executive Officer determination issuing a notice to comply shall be held. At the hearing officer's discretion, the hearing officer may issue an order to comply without convening a formal hearing. (d) For all other hearings, subject to reasonable limitations that may be imposed by the hearing officer, each party to the proceeding shall have the right to: (1) Call and examine witnesses. (2) Introduce exhibits. (3) Question opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examinations. (4) Impeach any witness regardless of which party first called the witness to testify. (5) Call and examine an opposing party as if under cross-examination, even if that party has not testified on its own behalf. (e) The burden of proof and of going forth with evidence in hearings covered by paragraph (c) shall be as follows. (1) In all hearings for the review of Executive Officer determinations to issue a notice to comply against a motor vehicle manufacturer, to reject a motor vehicle manufacturer's compliance plan, or to seek enforcement of a motor vehicle manufacturer's failure to comply with the terms of an approved compliance plan, the burden of proof and of going forward shall be on the Executive Officer. (2) At the conclusion of Executive Officer's case-in-chief, the motor vehicle manufacturer has the burden of producing evidence to show that no basis exists to support the Executive Officer determination that is under review. (3) At the close of the motor vehicle manufacturer's presentation of evidence, the parties respectively have the right to introduce rebuttal evidence that is necessary to resolve disputed issues of material fact, subject to any limits imposed by the hearing officer pursuant to subparagraph (f)(1) below. (f) The hearing officer may: (1) Limit the number of witnesses and the scope and extent of any direct examination, cross-examination, or rebuttal testimony, as necessary, to protect the interests of justice and conduct a reasonably expeditious hearing; (2) Require the authentication of any written exhibit or statement; (3) Call and examine a party or witness and may, on his or her own motion, admit any relevant and material evidence; (4) Exclude persons whose conduct impedes the orderly conduct of the hearing; (5) Restrict attendance because of the physical limitations of the hearing facility; or (6) Take other action to promote due process or the orderly conduct of the hearing. (g) The taking of evidence in a hearing shall be controlled by the hearing officer in the manner best suited to ascertain the facts and safeguard the rights of the parties. Prior to taking evidence, the hearing officer shall define the issues and the order in which evidence will be received. (h) The hearing officer shall base its decision as to whether a motor vehicle manufacturer is not in compliance or whether the Executive Officer properly rejected a manufacturer submitted compliance plan upon a preponderance of the evidence. (i) Hearings shall be recorded electronically or by a court reporter. The record made by the Administrative Hearing Office shall be the official record of the hearing. (1) A verbatim transcript of the official recording will not normally be prepared, but may be ordered by the hearing officer if deemed necessary to permit a full and fair review and resolution of the case. If not so ordered by the hearing officer, a party may, at its own expense, request that a verbatim transcript be made. The party making the request shall provide one copy to the hearing officer and one copy to every other party. (2) The official record of the hearing and transcript of the recording, together with all written submissions made by the parties, shall become part of the administrative record for the proceeding. Note: Authority cited: Sections 39600, 39601 and 43105.5(e) and (f), Health and Safety Code. Reference: Sections 43105.5(e) and (f), Health and Safety Code; Sections 11455.30 and 11525, Government Code; Section 1969, title 13, California Code of Regulations; andMathews v. Eldridge (1976) 424 U.S. 319. s 60060.30. Evidence. (a) Oral testimony shall be taken only under oath or affirmation. (b) The hearing need not be conducted in accordance with technical rules of evidence. Rather, the hearing officer shall admit evidence that is the type of evidence that responsible persons are accustomed to relying upon in the conduct of serious affairs. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but upon timely objection shall not be sufficient by itself to support a finding unless it would be admissible over objection in a civil court action. (c) The rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized. (d) Regarding evidence claimed to be trade secrets or other confidential information, the hearing officer will defer to the findings and conclusions of law made by the superior court pursuant to Health and Safety Code section 43105.5(b) and title 13, CCR, section 1969(i). The hearing officer shall preserve the confidentiality of information determined to be a trade secret and may make such orders as may be necessary, including considering such information in a closed meeting. (e) In reaching a decision, official notice may be taken, either before or after submission of the proceeding for decision, of any generally accepted technical or scientific matter within the state board's area of expertise, and determinations, rulings, orders, findings and decisions, required by law to be made by the hearing officer. (1) The hearing officer shall take official notice of those matters set forth in section 451 of the Evidence Code. (2) The hearing officer may take official notice of those matters set forth in section 452 of the Evidence Code. (3) Each party shall give notice of a request to take official notice and be given reasonable opportunity on request to present information relevant to: (A) The propriety of taking official notice; and (B) The effect of the matter to be noticed. Note: Authority cited: Sections 39600, 39601 and 43105.5(e) and (f), Health and Safety Code. Reference: Sections 43105.5(e) and (f), Health and Safety Code; Sections 451 and 452, Evidence Code; Section 1969, title 13, California Code of Regulations; andMathews v. Eldridge (1976) 424 U.S. 319. s 60060.31. Evidence by Declaration. (a) At any time 20 or more days prior to a hearing or a continued hearing, a party may mail or deliver to the opposing party or parties a copy of any declaration which the proponent proposes to introduce in evidence, together with a notice as provided in paragraph (b). Unless an opposing party, within seven days after such mailing or delivery, mails or delivers to the proponent a request to cross-examine the declarant the opposing party's right to cross-examine such declarant is waived and the declaration, if introduced in evidence, shall be given the same effect as if the declarant had testified orally. If an opportunity to cross-examine a declarant is not afforded after a request is made as herein provided, the hearing officer may allow the declaration to be introduced, but it shall only be given the same effect as other hearsay evidence. (b) The notice referred to in paragraph (a) shall be a separate document concurrently served with the declaration, entitled "Notice of Intent to Use Declaration in Lieu of Oral Testimony." The title shall be in bold print. The content of the notice shall be substantially in the following form: The accompanying declaration of [insert name of declarant] will be introduced as evidence at the hearing in [insert title and docket number or petition number of proceeding]. [Insert name] will not be called to testify orally and you will not be entitled to question the declarant unless you notify [insert name of the proponent or representative] at [insert address] that you wish to cross-examine the declarant. To be effective, your request must be mailed or delivered to [insert name of proponent or representative] on or before [insert a date 7 days after the date of mailing or delivery of the declaration to the opposing party]." Note: Authority cited: Sections 39600, 39601 and 43105.5(e) and (f), Health and Safety Code. Reference: Sections 43105.5(e) and (f), Health and Safety Code; Section 1969, title 13, California Code of Regulations; andMathews v. Eldridge (1976) 424 U.S. 319. s 60060.32. Decisions and Orders of the Hearing Officer. (a) Except for compliance orders issued pursuant to or after a request for hearing filed under section 60060.16(a)(1) or otherwise ordered, all proceedings shall be submitted at the time identified by the hearing officer in the schedule for review that has been served upon the parties. Within 30 days of the matter being submitted, the hearing officer shall make findings upon all facts relevant to the issues under review, and file a written decision and order setting forth the reasons or grounds therefore. (b) If the decision finds that the motor vehicle manufacturer has failed to comply with any of the requirements of Health and Safety Code section 43105.5 or title 13, CCR, section 1969, including the obligation to submit an acceptable compliance plan, the decision shall order the motor vehicle manufacturer to come into compliance within 30 days of the effective date of the decision. (1) The order shall further provide that if the motor vehicle manufacturer fails to comply within the 30-day time period set forth above, the hearing officer may order that the motor vehicle manufacturer be assessed penalties in an amount not to exceed $25,000 per day per violation, commencing of the 31st day of noncompliance and continuing until the violation is corrected. (2) For purposes of this section, a finding by the hearing officer that a motor vehicle manufacturer has failed to comply with the requirements of Health and Safety Code section 43105.5 and title 13 CCR, section 1969 et seq., including the failure to submit a timely compliance plan, shall be considered a single violation. (c) A compliance order issued pursuant to a request for review filed under section 60060.16(a)(1) shall be in writing and issued within 30 days from the date the hearing officer notified the parties that it is in receipt of the documents forwarded by the Executive Officer. The order shall require that the motor vehicle manufacturer, within 30 days from the date of the order, correct the noncompliance identified by the Executive Officer in its notice to comply. The hearing officer may order the assessment of penalties for continuing noncompliance after the 30-day grace period consistent with the provisions of paragraphs (b)(1) and (2) above. (d) The decision or order of the hearing officer is the final decision of the ARB and is effective on the date of issuance. (e) A copy of the decision or order shall be served on each party or representative. (f) Within five days of the filing of any decision or order, a party may file a written request that the hearing officer correct a mistake or clerical error. (1) Pursuant to the party's request or on the hearing officer's own motion, the hearing officer may issue a revised decision or order correcting a mistake or clerical error with respect to any matter respectively covered therein. If the hearing officer makes such a determination, he shall provide written notice to the parties. (2) A motion filed by a party under this subparagraph shall be deemed denied if the hearing officer has taken no action to address the request within 15 days of filing of the request. In such a case, the decision shall become effective 15 days after the motion was filed. (3) Within 15 days notifying the parties of his or her intent to modify the decision or order, the hearing officer shall serve a copy of any modified decision or order on each party that had previously been served with the original. The modified decision or order shall supersede the previously served document. The date of service of the modified decision or order shall become the effective date of the document. Note: Authority cited: Sections 39600, 39601 and 43105.5(e) and (f), Health and Safety Code. Reference: Sections 43105.5(e) and (f), Health and Safety Code; Section 11425.50, Government Code; Section 1969, title 13, California Code of Regulations; andMathews v. Eldridge (1976) 424 U.S. 319. s 60060.33. Penalty Assessment. In determining the appropriate conditional daily penalties that a motor vehicle manufacturer may be subject to under Health and Safety Code section 43105.5(f) and these regulations, the hearing officer shall consider the following factors. (a) The extent of noncompliance by the motor vehicle manufacturer. (b) The harm caused by the noncompliance to the covered person and other persons, as well as any violations to public health and safety and to the environment. (c) The nature and persistence of the noncompliance. (d) The compliance history of the motor vehicle manufacturer, including the history of past noncompliance. (e) The efforts made to comply, and any special circumstances preventing or delaying compliance. (f) The cooperation of the motor vehicle manufacturer during the course of the Executive Officer's investigation. Note: Authority cited: Sections 39600, 39601 and 43105.5(e) and (f), Health and Safety Code. Reference: Section 43105.5, Health and Safety Code; Section 1969, title 13, California Code of Regulations; andMathews v. Eldridge (1976) 424 U.S. 319. s 60060.34. Judicial Review. (a) Except as provided in paragraph (b) below, a party adversely affected by the final decision of the hearing officer may seek judicial review by filing a petition for a writ of mandate in accordance with section 1094.5 of the California Code of Civil Procedure. Such petition shall be filed within 30 days after the order or decision becomes final. (b) A motor vehicle manufacturer adversely affected by a compliance order issued pursuant to section 60060.33(a) may only request judicial review of a penalty assessment and not the merits of the underlying notice to comply, which the manufacturer never itself contested. (c) The state board may seek to enforce a final order or decision in superior court in accordance with applicable law. Note: Authority cited: Sections 39600, 39601 and 43105.5(e) and (f), Health and Safety Code. Reference: Sections 43105.5(e) and (f), Health and Safety Code; Section 1094.5, California Code of Civil Procedure; Section 1969, title 13, California Code of Regulations; andMathews v. Eldridge (1976) 424 U.S. 319. s 60065.1. Applicability. (a) This article governs hearings to review complaints issued by the state board pursuant to Health and Safety Code sections 42410, 43023, and 43028. The procedures outlined here do not apply to citations that are subject to review under Article 5, section 60075.1, et seq. (b) The provisions of this article apply only to complaints filed on or after the effective date of this article. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028 and 43031(a), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); Sections 42410, 43023, 43028 and 43031(a), Health and Safety Code; Sections 60075, et seq., title 17 and 2048, title 13, California Code of Regulations; and Sections 11500, et seq., Government Code. s 60065.2. Definitions. (a) The definitions applicable to these rules include those set out in the Health and Safety Code (commencing with section 39010). (b) The following definitions also apply: (1) "Administrative record" means all documents and records timely filed with the hearing office, pursuant to section 60065.4 and the time deadlines of these rules, including pleadings, petitions, motions, and legal arguments in support thereof; all documents or records admitted into evidence or administratively noticed by the hearing officer; all official recordings or written transcripts of hearings conducted; and all orders or decisions issued by the hearing officer or executive officer regarding the complaint at issue; administrative record does not include any prohibited communications as defined in section 60065.13, and any settlement discussions or offers of settlement pursuant to section 60065.25. (2) "Complainant" means the state board, acting through any of its employees that have been authorized to investigate, issue, and prosecute a complaint under this article. (3) "Complaint" means a document, other than a citation issued for a Class I violation pursuant to title 17, California Code of Regulations, section 60075.1 et. seq., issued by the complainant that seeks administrative civil penalties as an alternative to judicial civil penalties. (4) "Consent Order" means an order entered by the hearing officer in accordance with the settlement agreement of the parties. (5) "Days" means calendar days. (6) "Default" means the failure of any party to take the steps necessary and required by these regulations to further the hearing towards resolution, resulting in a finding by the hearing officer of forfeiture of the cause of action against that party. (7) "Discovery" refers to the process set forth in section 60065.26 allowing one party to request and obtain information relevant to the complaint proceedings. The scope of discovery is limited by the express terms of that section. (8) "Ex Parte Communication" means an oral or written communication not on the public record for which reasonable prior notice to all parties should have been given. (9) "Hearing Office" refers to the administrative hearings office established by the state board to conduct administrative hearings to implement the provisions of these rules or to the Office of Administrative Hearings established pursuant to Government Code section 11370.2. The administrative hearing office of the state board shall include at least one administrative law judge who shall act as a hearing officer. (10) "Hearing Officer" is either an administrative law judge appointed by the state board to conduct hearings under these procedures pursuant to Health and Safety Code section 43028, or an administrative law judge within the Department of General Services, State Office of Administrative Hearings (OAH) who shall be appointed to conduct hearings pursuant to Health and Safety Code sections 42410 and 43023. Only appointed administrative law judges shall act as hearing officers. (11) "Intervenor" means a person who is allowed to voluntarily enter into the proceedings with leave of the hearing officer. (12) "Party" includes the complainant, respondent, and an intervenor to the extent permitted by the hearing officer pursuant to section 60065.22. (13) "Proceeding" means any hearing, determination or other activity before the hearing officer involving the parties to a complaint. (14) "Respondent" means any person against whom a complaint has been filed under this article. (15) "Response/Request for Hearing" means a document, responsive to the complaint and signed by the respondent, in which respondent requests a hearing before an administrative law judge and admits or denies the allegations of the complaint or asserts affirmative defenses to the action. (16) "Settlement Agreement" means a written agreement executed by the complainant, respondent, and, to the extent permitted by the hearing officer pursuant to section 60065.22(b)(4), an intervenor, that respectively settles the allegations of violation set forth in the complaint. Settlement agreements of a complaint should include: (A) Stipulations by the parties establishing subject matter jurisdiction; (B) An admission by respondent that it has committed the violations as alleged in the complaint or a statement by respondent that it neither admits nor denies such violation(s); and (C) The terms and conditions of the settlement. Note: Authority cited: Sections 39010, 39600, 39601, 42410, 43023, 43028 and 43031(a), et seq., Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); Sections 39010, 39514, 42410, 43023, 43028 and 43031(a), Health and Safety Code. s 60065.3. Right to Representation. (a) A party may appear in person or through a representative, who is not required to be an attorney at law. The right to representation is at the party's own expense. Following notification that a party is represented by a person other than him or herself, all further communications regarding the proceedings shall be directed to that representative. (b) A representative of a party shall be deemed to control all matters respecting the interest of such party in the proceeding. Persons who appear as representatives shall not engage in unethical conduct or intentionally fail to observe the procedures set forth in these rules and the proper instructions or orders of the hearing officer. (c) A representative may withdraw an appearance by filing a written notice of withdrawal with the hearing office and by serving a copy on all parties. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028 and 43031(a), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); Sections 42410, 43023, 43028 and 43031(a), Health and Safety Code; and Sections 2180, et seq., title 13, California Code of Regulations. s 60065.4. Time Limits; Computation of Time. (a) All actions required pursuant to these rules shall be completed within the times specified in this article, unless extended by the hearing officer upon a showing of good cause, after consideration of prejudice to other parties. Requests for extensions of time for the filing of any pleading, letter, document, or other writing or completing any other required action must be received in advance of the date on which the filing or action is due and should contain sufficient facts to establish a reasonable basis for the relief requested. (b) In computing the time within which a right may be exercised or an act is to be performed, the day of the event from which the designated period runs shall not be included and the last day shall be included. If the last day falls on a Saturday, Sunday, or a state holiday, time shall be extended to the next working day. (c) In computing time, the term "day" means calendar day, unless otherwise provided. (d) Unless otherwise indicated by proof of service, the mailing date shall be presumed to be the postmark date appearing on the envelope if first-class postage was prepaid and the envelope was properly addressed. (e) Where service of any pleading, petition, letter, document, or other writing is by mail, overnight delivery, or facsimile transmission (fax), pursuant to section 60065.5(c), and if within a given number of days after such service, a right may be exercised, or an act is to be performed, the time within which such right may be exercised or act performed shall be extended as provided in section 60065.5(c). (f) Papers delivered to or received by the hearing office during regular business hours (8 a.m. to 5 p.m.) will be filed on that date. Papers delivered or received at times other than regular business hours will be filed on the next regular business day. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028 and 43031(a), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42410, 43023, 43028 and 43031(a), Health and Safety Code. s 60065.5. Service, Notice and Posting. (a) Except as otherwise provided in this article, the original of every pleading, petition, letter, document, or other writing served in a proceeding under these rules shall be filed with the hearing office. (b) The complaint and all accompanying information shall be served on the respondent personally or by registered mail. (c) Except as provided in (b) above and unless otherwise required, service of any documents in the proceedings may be made by personal delivery; by United States first-class or interoffice mail, by overnight delivery, or by fax. (1) Service is complete at the time of personal delivery. (2) In the case of first-class mail, the documents to be served must be deposited in a post office, mailbox or mail chute, or other like facility regularly maintained by the United States Postal Service, in a sealed envelope, properly addressed to the person on whom it is to be served at the address as last given by that person on any document filed in the present cause of action and served on the party making service or otherwise at the place of residence of the person to be served. The service is complete at the time of the deposit, but any period of notice and any right or duty to do any act or to make any response within any period or date prescribed after service of the document shall be extended five days if the place of address is within the State of California, ten days if the place of address is outside the State of California but within the United States, and fifteen days if the place of address is outside the United States. (3) If served by overnight delivery, or interoffice mail, the document must be deposited in a box or other facility regularly maintained for interoffice mail or by the express service carrier, or delivered to an authorized courier or driver authorized by the express service carrier to receive documents, in an envelope or package designated by the express service carrier with delivery fees paid or provided for, addressed to the person on whom it is to be served, at the address as last given by the person on any document filed in the present cause of action and served on the party making service or otherwise at that place of residence of the person to be served. The service is complete at the time of the deposit, but any period of notice and any right or duty to do any act or to make any response within any period or date prescribed after service of the document shall be extended two days. (4) If served by fax, the document must be transmitted to a fax machine maintained by the person on whom it is served at the fax machine telephone number as last given by that person on any document which he or she has filed in the present cause of action and served on the party making the service. The service is complete at the time of the transmission, but any period of notice and any right or duty to do any act or to make any response within any period or date prescribed after service of the document shall be extended two days. (d) Each document filed shall be accompanied by a proof of service on each party or its representative of record on the date of service. The proof of service shall state whether such service was made personally, first-class mail, overnight delivery, or fax. (1) Where service is made by personal delivery, the declaration shall show the date and place of delivery and the name of the person to whom the documents were handed. Where the person making the service is unable to obtain the name of the person to whom the documents were handed, the person making the service may substitute a physical description for the name. (2) Where service is made by first-class mail or overnight delivery, the declaration shall show the date and place of deposit in the mail, the name and address of the person served as shown on the mailing envelope and that the envelope was sealed and deposited in the mail with the postage fully prepaid. (3) Where service is made by fax, the declaration shall show the method of service on each party, the date sent, and the fax number to which the document was sent. (e) The proof of service declaration shall be signed by the person making it and contain the following statement above the signature: "I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and this declaration was executed at (City, State) on (Date)." The name of the declarant shall be typed and signed below this. (f) Proof of service made in accordance with Code of Civil Procedure section 1013a complies with this regulation. (g) Service and notice to a party who has appeared through a representative shall be made upon such representative. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028 and 43031(a), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); Sections 42410, 43023, 43028 and 43031(a), Health and Safety Code; Sections 11182 and 11184, Government Code; and Sections 1013 and 1013a. s 60065.6. Motions. (a) Any motion or request for action by the hearing officer relating to any proceeding pending before him or her filed by any party, except those made orally on the record at the hearing, shall be in writing and shall be directed to the hearing officer, with written notice and proof of service to all parties. The caption of each motion shall contain the title and docket number of the proceeding and a clear and plain statement of the relief sought, together with the grounds therefore. (b) Except as otherwise provided by statute or these regulations, or as ordered by the hearing officer, a motion shall be made and filed at least 15 days before the date set for the motion to be heard or the commencement of the hearing on the merits. Any response to the motion shall be filed and served no later than five days before the motion is scheduled to be heard or as ordered by the hearing officer. (c) The hearing office shall set the time and place for the hearing of the motion. The hearing shall occur as soon as practicable. (d) Except as otherwise provided by statute or these regulations, the hearing officer may decide a motion filed pursuant to this section without oral argument. Any party may request oral argument at the time of the filing of the motion or the response. If the hearing officer orders oral argument, the party requesting oral argument, or any party directed to do so by the hearing officer, shall serve written notice on all parties of the date, time and place of the oral argument. The hearing officer may direct that oral argument be made by telephone conference call. The hearing officer may order that the proceedings be recorded. (e) The hearing officer shall issue a written order deciding any motion, unless the motion is made during the course of the hearing on the merits while on the record. The hearing officer may request that the prevailing party prepare a proposed order. (f) A request for a prehearing conference or a settlement conference under sections 60065.27 and 60065.28 does not constitute a motion within the meaning of this section. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028 and 43031(a), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42410, 43023, 43028 and 43031(a), Health and Safety Code. s 60065.7. Form of Pleadings. (a) Except as otherwise expressly provided in this article or by the hearing officer, there are no specific requirements as to the form of documents filed in a proceeding under these rules. (b) The original of any pleading, letter, document, or other writing (other than an exhibit) shall be signed by the filing party or its representative. The signature constitutes a representation by the signer that it has read the document, that to the best of its knowledge, information and belief, the statements made therein are true, and that it has not filed the document for the purpose of delay. (c) The initial document filed by any person shall indicate his or her status (as a party or representative of the party) and shall contain his or her name, address and telephone number. Any changes in this information shall be communicated promptly to the hearing office and all parties to the proceeding. A party who fails to furnish such information and any changes to it shall be deemed to have waived his or her right to notice and service under these rules. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028 and 43031(a), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42410, 43023, 43028 and 43031(a), Health and Safety Code. s 60065.8. Limitations on Written Legal Arguments or Statements (a) Any written legal argument or statement submitted to the hearing officer by a participant in an action under this part shall be double spaced and typed in a font size 12 point or larger. Except as otherwise provided by this part, further limited by the hearing officer, or otherwise authorized by the hearing officer for good cause shown, no written legal argument, exclusive of any supporting documentation, may exceed: (1) Fifteen pages, for arguments in support of or opposition to motions; and (2) Five pages, for reply arguments. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028 and 43031(a), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42410, 43023, 43028 and 43031(a), Health and Safety Code. s 60065.9. Records of the State Board. Except where public disclosure of information or exhibits is restricted by law, records of the state board are public records and are available to the public pursuant to section 91000, et seq., title 17, California Code of Regulations. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028 and 43031(a), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); Sections 42410, 43023, 43028 and 43031(a), Health and Safety Code; Sections 6250, et seq., Government Code; and Sections 91000, et seq., title 17, California Code of Regulations. s 60065.10. Interpreters and Other Forms of Accommodation. (a) In proceedings where a party, a party's representative, or a party's expected witness requires an interpreter for any language, including sign language, that party shall be responsible for notifying the hearing office as soon as the requirement is known, but no later than ten days prior to the first day of hearing. The hearing officer may allow later notification for good cause. The hearing office shall be responsible for securing the interpreter, and for providing reasonable accommodation. (b) The cost of interpreter services shall be paid by the state board if the hearing officer so directs. In determining who should pay the cost of the interpreter, the hearing officer shall base the decision on equitable considerations, including the ability of the party in need of the interpreter to pay the cost. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028 and 43031(a), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); Sections 42410, 43023, 43028 and 43031(a), Health and Safety Code; Sections 11435.25, 11435.30 and 11435.55, Government Code; and Section 751, Evidence Code. s 60065.11. Authority of Hearing Officers. In any matter subject to hearing pursuant to these rules, the hearing officer shall have the authority to do any act and take all measures necessary for the maintenance of order and for the efficient, fair and impartial adjudication of issues arising in proceedings governed by these rules, including, but not limited to, authority to hold prehearing conferences; conduct hearings to determine all issues of fact and law presented; to rule upon motions, requests and offers of proof, dispose of procedural requests, and issue all necessary orders; administer oaths and affirmations and take affidavits or declarations; to issue subpoenas and subpoenas duces tecum for the attendance of a person and production of testimony, books, documents, or other things; to compel the attendance of a person residing anywhere in the state; to rule on objections, privileges, defenses, and the receipt of relevant and material evidence; to call and examine a party or witness and introduce into the hearing record documentary or other evidence; to request a party at any time to state the respective position or supporting theory concerning any fact or issues in the proceeding; to certify official acts; to extend the submittal date of any proceeding; to hear and determine all issues of fact and law presented and to issue such interlocutory and final orders, findings, and decisions as may be necessary for the full adjudication of the matter. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028 and 43031(a), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); Sections 42410, 43023, 43028 and 43031(a), Health and Safety Code; and Sections 11181-11182 and 11425.30, Government Code. s 60065.12. Disqualification. (a) The hearing officer shall disqualify himself or herself and withdraw from any case in which he or she cannot accord a fair and impartial hearing. (b) A hearing officer may not hear any case in which he or she has previously served as an investigator, prosecutor, or advocate. (c) Any party may request the disqualification of a hearing officer or the executive officer, on a request for reconsideration, by filing an affidavit or declaration under penalty of perjury. A request against the hearing officer must be made no later than five days prior to the commencement of a prehearing conference or first day of hearing on the merits, whichever is earlier. A request for disqualification of the executive officer must be included in the request for reconsideration. The affidavit or declaration must state with particularity the grounds upon which it is claimed that a fair and impartial hearing cannot be accorded. The issue shall be respectively determined by either the hearing officer or the executive officer against whom the request for disqualification has been filed. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028 and 43031(a), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); Sections 42410, 43023, 43028 and 43031(a), Health and Safety Code; and Sections 11425.40 and 11512, Government Code. s 60065.13. Prohibited Communications. (a) Except as otherwise provided in this section, while the proceeding is pending, the hearing officer shall not participate in any communications with any party, representative of a party, or any person who has a direct or indirect interest in the outcome of the proceeding about the subject matter or merits of the case at issue, without notice and opportunity of all parties, to participate in communication except a party that has been determined to be in default pursuant to section 60065.38. (b) No pleading, letter, document, or other writing shall be filed in a proceeding under these rules by a party unless service of a copy thereof together with any exhibit or attachment is made on all other parties to a proceeding. Service shall be in a manner as prescribed in section 60065.5. (c) For the purpose of this section, a proceeding is pending from the time that the complaint is filed. (d) Communications prohibited under paragraph (a) do not include communications concerning matters of procedure or practice, including requests for continuances that are not in controversy. It also does not prohibit communications between a party and the hearing officer when the opposing party has had a default entered pursuant to section 60065.38. (e) A communication between a hearing officer and an employee of the state board that would otherwise be prohibited by this section is permissible if: (1) The employee is another hearing officer or other employee of the hearing office whose job duties include aiding the hearing officer in carrying out the hearing officer's adjudicative responsibilities. Upon request, the hearing office will provide a list of employees of the hearing office to the parties. (2) The employee of the state board has not served as an investigator, prosecutor, or advocate in the proceeding or its preadjudicative stage, or in any factually related proceedings, and the purpose of the communication is to assist and advise the hearing officer in determining whether a document is a confidential business record (i.e., trade secrets). In obtaining such assistance and advice, the hearing officer shall give notice to the parties of the person consulted and shall provide the parties with as detailed a summary as possible of the substance of the advice received, while protecting the confidentiality of the business records at issue, and a reasonable opportunity to respond. (3) The prohibitions of paragraph (a) that apply to the hearing officer shall also apply to all employees covered by subparagraphs (1) and (2) above. (4) Communications permitted under subparagraphs (1) and (2) above shall not furnish, augment, diminish, or modify the evidence in the record. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028 and 43031(a), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); Sections 42410, 43023, 43028 and 43031(a), Health and Safety Code; and Sections 11430.70-11430.80, Government Code. s 60065.14. Disclosure of Communication. (a) If, while the proceeding is pending, but before serving as hearing officer, the hearing officer receives a communication of a type that would be in violation of this subarticle if received while serving as hearing officer, he or she shall, promptly after starting to serve, disclose the content of the communication on the record and give all parties an opportunity to address it as provided below. (b) If a hearing officer receives a communication in violation of this article, the hearing officer shall make all of the following a part of the record in the proceeding: (1) If the communication is written, the writing and any written response of the hearing officer to the communication; and (2) If the communication is oral, a memorandum stating the substance of the communication, any response made by the hearing officer, and the identity of each person from whom the hearing officer received the communication. (c) The hearing officer shall notify all parties that a communication described in this section has been made a part of the record. (d) If a party requests an opportunity to address the communication within ten days after receipt of notice of the communication: (1) The party shall be allowed to comment on the communication. (2) The hearing officer has discretion to allow the party to present evidence concerning the subject of the communication, including discretion to reopen a hearing that hearing having been concluded. (e) Receipt of ex parte communications may be cause for disqualification of the hearing officer. Note: Authority cited: Sections 39600 and 39601, 42410, 43023, 43028 and 43031(a), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); Sections 42410, 43023, 43028 and 43031(a), Health and Safety Code; and Sections 11340.1-11340.5, Government Code. s 60065.15. Applicability to Executive Officer. (a) The provision of Subarticle 3 governing ex parte communications to the hearing officer also governs ex parte communications with the executive officer on matters that may come before him or her pursuant to Subarticle 9. Irrespective of the prohibitions of section 60065.13(a), the executive officer may consult with state board personnel who are not involved as an investigator, prosecutor, or advocate in the proceedings or preadjudicative proceedings of the matter before the executive officer, or in a factually related case, and whose job duties include assisting the executive officer in his or her adjudicative responsibilities. (b) Except as otherwise provided in these procedures, while a proceeding is pending, the hearing officer shall have no communication, direct or indirect, with the members of the state board regarding the merits of any issue in the proceeding. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028 and 43031(a), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); Sections 42410, 43023, 43028 and 43031(a). Health and Safety Code; and Sections 11430.70-11430.80 Government Code. s 60065.16. Violations Subject to a Complaint; Issuance. (a) A complaint may be issued for violations: (1) Arising under part 5, chapters 1 though 4 and chapter 6 of division 26 of the Health and Safety Code, or violations of any rule, regulation, permit, variance, or orders of the state board adopted or issued pursuant to authority granted under those Health and Safety Code provisions; (2) Of regulations adopted and orders issued by the state board pursuant to authority granted under parts 1 through 4 of division 26 of the Health and Safety Code. (b) Complaints issued pursuant to Health and Safety Code 43028 shall not seek penalties that exceed $25,000 per violation for each day of violation or total penalties in excess of $300,000. (c) Complaints issued pursuant to Health and Safety Code sections 42410 and 43023 shall not seek penalties in excess of the lesser of the maximum amount allowed by statute for a violation or $10,000 per violation for any day in which the violation occurs, with a total penalty assessment not to exceed $100,000. In determining the amount allowed by statute, the ARB shall use the method of calculation set forth in the underlying statute (e.g., HSC s43016 states that penalties shall be assessed on a per vehicle basis and shall not exceed $500 per vehicle.) (d) The state board shall not issue a complaint for any violation if: (1) The state board shares concurrent enforcement jurisdiction with a district and the district has commenced an enforcement action for that violation; (2) The state board has determined the violation to be a Class I violation as defined in title 17, California Code of Regulations, sections 60075.2(b)(5) and 60075.11. (e) A complaint shall include: (1) The names of each respondent alleged to have committed a violation(s) covered under this article; (2) A statement of the facts, in ordinary and concise language, that specifically identifies the statutes and/or rules alleged to have been violated and the acts or omissions of the respondents that constitute the alleged violation(s). The statement shall be specific enough to afford the named respondents notice and information in which to prepare a defense; (3) A proposed penalty that complainant seeks for the alleged violations committed; (4) Reference to these procedures, notice that a copy of the procedures is available from the ARB hearing office (the address and phone number of which shall be set forth), and notice that Chapter 5 (commencing with section 11500) of the Government Code is not applicable to these proceedings; (5) Written notice to the respondent that, within 30 days from the date of service, it may respond to the allegations of the complaint by filing a response/request for hearing that the matter be heard by an administrative law judge. The notice shall also inform the respondent of the consequences of failing to respond by the applicable deadline; (6) Written notice to the respondent that it has under the hearing procedures the right to counsel; and, if necessary, the right to an interpreter; or (7) The address of the office issuing the complaint; the address to which payment of the proposed penalty may be sent; and the address of the hearing office to whom a response/request for hearing may be submitted. (f) A complaint shall be filed with the appropriate hearing office and served on the named respondent(s) by either personal or other form of service consistent with Code of Civil Procedure sections 415 through 417 or by certified mail, restricted delivery. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028 and 43031(a), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); Sections 39674, 42401, 42402, 42402.1, 42402.2, 42402.3, 42403, 42410, 43008.6, 43012, 43016, 43021, 43023, 43026, 43027, 43028, 43029, 43030, 43031(a), 43154, 43201, 43211 and 43212, Health and Safety Code; and Sections 60075.1, et seq., title 13, California Code of Regulations. s 60065.17. Withdrawal of or Amendment to the Complaint. (a) The complainant may without prejudice withdrawal or amend the complaint once as a matter of right at any time before respondent has filed its response. (b) After the response has been filed, the complainant may move to withdraw or amend the complaint. A motion to amend the complaint must include the proposed amendment. The hearing officer may grant the motion upon finding that good cause exists and that the amendment is in the interest of justice. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028 and 43031(a), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42410, 43023, 43028 and 43031(a), Health and Safety Code. s 60065.18. Response/Request for Hearing. (a) Within 30 days after service of the complaint, the respondent or its representative may file a response/request for hearing to the complaint with the hearing office designated in the complaint. In addition to requesting a hearing before an administrative law judge, the respondent may: (1) Object to the complaint on the ground that it does not state acts or omissions upon which the agency may proceed; (2) Object to the form of the complaint on the ground that it is so indefinite or uncertain that the respondent cannot identify the transaction or prepare a defense; (3) Admit or deny the complaint, in whole or in part, specifying each allegation of fact or conclusion of law as to liability which is in dispute; (4) Present new matters by way of affirmative defenses; or (5) Oppose or agree to pay the penalty amount proposed in the complaint. (b) The time period for response may be extended: (1) By stipulation of the parties for 30 additional days to allow the parties to conduct informal settlement negotiations; or (2) At the discretion of the hearing officer, for a period of up to 60 days, if the respondent can show good cause and if the complainant is not prejudiced by such a delay. (c) Each uncontested allegation in the complaint shall be deemed admitted by the respondent. (d) If the respondent fails to respond to the complaint in the time periods provided in this section, the matter shall be considered a default, pursuant to section 60065.41 and the respondent shall be considered to have waived his or her right to appear in the matter covered by the complaint. (e) If a complaint is amended prior to the time respondent's response was due under subparagraph (a), respondent shall have 15 additional days from the date of service of the amended complaint to file the response. (f) The respondent may move to amend its response to the complaint. Such motion must include language of the proposed amendment. The hearing officer may grant the motion upon finding that good cause exists and that the amendment is in the interest of justice. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028 and 43031(a), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42410, 43023, 43028 and 43031(a), Health and Safety Code. s 60065.19. Issues for Hearing. The issues for hearing shall be limited to those raised in the complaint or amended complaint and the response or amended response. If the complaint alleges a repeat violation and the validity of the earlier violation(s) was not contested because of the respondent's failure to file a response/request for hearing, the validity of the earlier violations(s) shall not be at issue. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028 and 43031(a), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42410, 43023, 43028 and 43031(a), Health and Safety Code. s 60065.20. Cease and Desist Orders; Stays Pending Hearing. If the ARB enforcement staff has issued a cease and desist order against the respondent for alleged violations set forth in the complaint, the respondent may request a stay pending hearing from the hearing officer. The hearing officer may grant a stay pending issuance of a hearing officer decision under section 60065.39, unless the hearing officer finds that the adverse effects of a stay on the public health, safety and welfare outweigh the harm to those persons directly affected by the lack of a stay. The hearing officer may conduct a hearing or request such submissions by the parties as necessary to obtain information to make a determination on this issue. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028 and 43031(a), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42410, 43023, 43028 and 43031(a), Health and Safety Code. s 60065.21. Scheduling of Hearings. (a) Upon filing of a complaint issued pursuant to authority granted under Health and Safety Code sections 42410 and 43023, with OAH, the matter shall be assigned to a hearing officer. (b) Upon filing of a complaint issued pursuant to Health and Safety Code section 43028, the hearing office of the state board shall assign a hearing officer of the state board to hear the matter, unless staffing and other resources of the hearing office would prevent timely consideration of the matter. If the resources of the state board's administrative hearing office prevent assignment, the administrative hearing office shall refer the matter to the OAH for assignment. (c) The hearing office in which a complaint is filed shall as expeditiously as possible, but no later than 30 days after a response/request for hearing to the complaint has been filed or 45 days from the date that the complaint was issued if no response/request for hearing has been filed, schedule the matter for hearing. Except as provided in paragraph (f), below, a hearing shall be scheduled for no later than 180 days from the date of issuance of the complaint, unless the hearing officer determines, for good cause, that a later hearing date is necessary and in the interest of justice. (d) The hearing office shall deliver or mail a notice of hearing to all parties at least 30 days prior to the hearing. The notice shall be in the form specified in section 11509 of the Government Code, and shall also provide notice of the availability of interpreters pursuant to section 60065.10 of these rules. (e) The hearing officer shall grant such delays or continuances as may be necessary or desirable in the interest of fairly resolving the case. (1) The hearing officer may, on his or her own motion or upon request of any party accompanied by a showing of good cause, continue a hearing to another time or place. (2) A party shall apply to the hearing officer for a continuance not less than five days prior to the scheduled hearing. (3) When a continuance is ordered during a hearing, the hearing officer shall give written notice of the time and place of the continued hearing. (f) The hearing office shall set the place of hearing at a location as near as practicable to the place where the respondent resides or maintains a place of business in California. If the respondent does not reside or maintain a place of business in California, the hearing shall be in Sacramento. The hearing office may establish hearing locations anywhere in the state; at a minimum one hearing location shall be established in Sacramento and one in the Los Angeles area. (g) Upon the motion of any party and a showing of good cause, or upon the motion of the hearing officer, and in the absence of an objection from any party, the hearing officer may exercise discretion to conduct all or part of a hearing by telephone. (1) In granting such a motion, the hearing officer must be assured that each participant in the hearing has an opportunity to participate in and to hear the entire proceeding while it is taking place and to observe all exhibits fully. (2) The hearing officer may direct the party who has requested the alternative method to make the necessary arrangements and be responsible for any associated costs. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028 and 43031(a), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); Sections 42410, 43023, 43028 and 43031(a), Health and Safety Code; and Sections 11509 and 11440.30, Government Code. s 60065.22. Motion to Intervene. (a) A person may file a motion to intervene, and the hearing officer may grant such a motion if all of the following conditions are satisfied: (1) The motion is in writing, with copies served on all parties named in the complaint. (2) The motion is made as early as practicable prior to the prehearing conference, if one is held, or the first day of the hearing on the merits of the complaint. (3) The motion states facts demonstrating that the requesting intervenor's legal rights, duties, privileges, or immunities will be substantially affected by the proceeding or that it qualifies as an intervenor under a statute or regulation. (4) The hearing officer determines that the interests of justice and the orderly and prompt conduct of the proceeding will not be impaired by allowing the intervention. (b) If motion is granted, the hearing officer may impose conditions on the intervenor's participation in the proceeding, either at the time that intervention is granted or at a later time. Conditions may include: (1) Limiting the intervenor's participation to designated issues in which the intervenor has a particular interest demonstrated by the motion. (2) Limiting or excluding the use of discovery, cross-examination, and other procedures involving the intervenor so as to promote the orderly and prompt conduct of the proceeding. (3) Requiring two or more intervenors to combine their presentations of evidence and argument, cross-examination, discovery, and other participation in the proceeding. (4) Limiting or excluding the intervenors's participation in settlement negotiations. (c) The hearing officer shall issue an order granting or denying the motion for intervention as soon as practicable in advance of the hearing, briefly stating the reasons for the order and specifying any conditions that he or she has determined as appropriate. The hearing officer may modify the order at any time, stating the reasons for the modification. The hearing officer shall promptly give notice of any order granting, denying, or modifying intervention to the applicant and to all parties. (d) Whether the interests of justice and the orderly and prompt conduct of the proceedings will be impaired by allowing intervention is a determination to be made at the sole discretion of the hearing officer, based upon his or her knowledge and judgment. The determination is not subject to administrative or judicial review. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028 and 43031(a), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); Sections 42410, 43023, 43028 and 43031(a), Health and Safety Code; and Section 11440.50, Government Code. s 60065.23. Consolidation, Separation of Proceedings. (a) Upon the motion of a party or upon the hearing officer's own motion, the hearing officer may consolidate for hearing and decision: (1) Any number of proceedings involving the same respondent or petitioner; and (2) Any number of proceedings involving common issues of law or fact where consolidation would expedite and simplify consideration of the issues and would not adversely affect the rights of the parties. (b) Upon the motion of a party or upon the hearing officer's own motion, the hearing officer may, in furtherance of convenience or to avoid prejudice or when separate hearings will be conducive to expedition and economy, order a separate hearing of any issue, including an issue raised in the notice of defense, or of any number of issues. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028 and 43031(a), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42410, 43023, 43028 and 43031(a), Health and Safety Code. s 60065.24. Prehearing Conference. (a) In any action in which the respondent timely responds pursuant to section 60065.18, the hearing officer may require a prehearing conference upon his or her own order or the request of any party. A request for a prehearing conference shall be in writing, addressed to the hearing officer and served on all parties. (b) A prehearing conference shall be held no later than 30 days after an order of the hearing officer or a request by a party, but no later than 90 days from the date of respondent's filing of the response to a complaint. (c) The hearing officer may conduct the conference in person or by telephone. (d) At least ten business days before a scheduled conference, each party shall file with the hearing office and serve on all other parties a prehearing conference statement which shall contain the following information: (1) Identification of all operative pleadings by title and date signed; (2) The party's current estimate of time necessary to try the case; (3) The name of each witness the party may call at hearing along with a brief statement of the content of the witness's expected testimony; (4) The identity of any witness whose testimony will be presented by affidavit pursuant to section 60065.29, if known; (5) The name and address of each expert witness the party intends to call at hearing along with a brief statement of the opinion the expert is expected to give. The party shall also attach a copy of a current resume for each expert witness; (6) Whether there is need for an interpreter or special accommodation at the hearing; (7) A list of the documentary exhibits the party intends to present at hearing and a description of any physical or demonstrative evidence; and (8) A concise statement of any legal issues which may affect the presentation of evidence or the disposition of the case. (9) If the matter is a complaint proceeding, the complainant shall specify the proposed penalty and state the basis for that penalty. The respondent shall provide all factual information it considers relevant to the assessment of a penalty. (e) At the prehearing conference the hearing officer may: (1) Establish a time and place for further proceedings in the action, but no hearing on the merits of the action shall take place sooner than 30 days following the date of the prehearing conference; (2) Attempt to simplify issues and help the parties to stipulate to facts not in dispute; (3) Explore the necessity or desirability of amendments to the pleadings; and (4) Discuss any other appropriate subject. (f) After the prehearing conference, the hearing officer shall issue a prehearing order which incorporates the matters determined at the conference. This order may be issued orally if an accurate record can be made. Agreement on the simplification of issues, amendments, stipulations, or other matters may be entered on the record or may be made the subject of a written order by the hearing officer. If no matters were determined or dates set at the prehearing conference, a prehearing order is not required. The hearing officer may, to aid the efficient administration of justice, modify the prehearing order as necessary. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028 and 43031(a), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42410, 43023, 43028 and 43031(a), Health and Safety Code. s 60065.25. Settlement Agreements and Consent Orders. (a) At any time before a final decision of the hearing officer, the complainant and the respondent may settle an action, in whole or in part. (b) The parties may request the assistance of the hearing office in their attempts to settle the matters at issue. Upon receiving such a request, the hearing office may assign a settlement hearing officer, who is not the same hearing officer that has been assigned, to hear the merits of the case, unless the parties specifically request in writing the assignment of the latter hearing officer. For cases assigned to OAH, OAH may assign administrative law judges from the state board to assist in settlement discussions. (c) The parties shall memorialize any agreement in writing. (d) In a complaint proceeding, the hearing officer assigned to hear the merits of the case, shall thereafter enter a consent order in accordance with the terms of the settlement agreement. Such consent order is not subject to further review by the agency or a court. (e) If the filing of the consent order pursuant to paragraph (d) of this section does not wholly conclude the action, the hearing officer assigned to hear the merits of the case shall promptly inform the parties of the schedule of the remaining proceedings. (f) Unless the parties have otherwise consented to use the hearing officer assigned to hear the merits of the case in settlement discussions, settlement discussions or offers of compromise regarding unresolved issues shall not be discussed with that hearing officer. Settlement discussions or offers of compromise shall also not be made part of the record of the proceedings. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028 and 43031(a), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); Sections 42410, 43023, 43028 and 43031(a), Health and Safety Code; and Section 11415.60, Government Code. s 60065.26. Discovery. (a) The provisions of this section provide the exclusive right to, and method of, discovery as to any proceeding governed by these hearing procedures. However, nothing in this section prohibits the parties from voluntarily stipulating to provide discovery deemed appropriate. This section does not authorize the inspection or copying of, any writing, or thing which is privileged from disclosure by law or protected as part of an attorney's work product. (b) The names and addresses of witnesses; inspection and copying of documents and things. (1) Unless otherwise stipulated to by the parties, within 45 days of issuance of a complaint or amended complaint, a party may request: (A) The names and addresses of witnesses to the extent known to the other party, including, but not limited to, those intended to be called to testify at the hearing; and (B) The opportunity to inspect and make a copy of any thing, document, statement or other writings relevant to the issues for hearing that are in the possession, custody or control of the other party and would be admissible in evidence. This includes the following information from inspection or investigative reports prepared by, or on behalf of, any party that pertain to the subject matter of the proceeding: (i) the names and addresses of witnesses or of persons (other than confidential informants) having personal knowledge of the issues involved in the proceeding, (ii) matters perceived by the investigator in the course of his or her investigation (as opposed to his or her analysis or conclusions), and (iii) statements related to the issues of the proceedings which are otherwise admissible. For purposes of this section, "any thing, document, statement or other writings relevant to the issues for hearing that are in the possession, custody, or control of the other party" would include those items within the possession, custody, or control of a third-party who obtained or used such items while acting as a representative, contractor, or agent of the "other party." (2) Parties shall arrange a mutually convenient time for the exchanging of the names and addresses of witnesses and the inspecting and copying of relevant things, documents, statements, and other writings identified in subparagraph (B) above, but such date shall not be later than 30 days from the date of receipt of the request made pursuant to subparagraph (b)(1). Unless other arrangements are made, the party requesting the writings shall pay for the copying. (3) All requests under subparagraph (b) are continuing, and the party receiving the request shall be under a continuing duty to provide the requesting party with the information requested. (4) Absent a stipulation between the parties, a party claiming that certain writings or things are privileged against disclosure shall, within 15 days of receipt of the request for inspection and copying, serve on the requesting party a written statement setting forth what matters it claims are privileged and the reasons supporting its claims. (c) Other Discovery. (1) A party may file a motion requesting that the hearing officer order further discovery. The motion shall specify the proposed method of discovery to be used and shall include affidavits describing in detail the nature of the information and/or documents sought, the proposed time and place of the discovery (if applicable), and the information addressing the findings listed in subparagraphs (A)-(D) below. The hearing officer shall grant the motion upon finding that: (A) The additional discovery will not unreasonably delay the proceedings; (B) The information to be obtained from the discovery is most reasonably obtained from the non-moving party, who has refused to provide it voluntarily; or that (C) The information to be obtained is relevant and has significant probative value on a disputed issue of material fact regarding a matter at issue. (2) The hearing officer may order the taking of oral depositions only under the following circumstances: (A) After affirmatively making the findings in subparagraphs (c)(2)(A)-(C), and further finding that the information sought cannot be obtained by alternative methods; or (B) There is substantial reason to believe that relevant and probative evidence may otherwise not be preserved for presentation by a witness at the hearing. (3) If the hearing officer grants the motion for the taking of a deposition, the moving party shall serve notice of the deposition on the person to be deposed with copies served on the other parties at least ten days before the date set for the deposition. (4) Where the witness resides outside of the state and where the hearing officer has ordered the taking of the testimony by deposition, the hearing officer shall obtain an order of the court to that effect by filing a petition in the superior court in Sacramento County. The proceedings for such a hearing shall be in accordance with the provisions of Government Code section 11189. (d) Third-Party Notice of Request for Disclosure of Information Identified as Confidential and Opportunity to Participate. (1) A third-party shall be notified whenever a party receives a request for disclosure of information that is in the possession, control, or custody of the party subject to a claim of confidentiality asserted by the third-party, including, but not limited to, claims of confidentiality asserted pursuant to the California Public Records Act (CPRA). This section creates rights and obligations in addition to, and does not affect, existing rights and obligations under the CPRA and applicable federal regulations. (2) A third-party shall have the opportunity to be heard on all issues involving requests for disclosure of information that is in the possession, control, or custody of the party subject to a claim of confidentiality asserted by the third-party. Within five days of receipt of notice pursuant to subparagraph (d)(1), a third-party may object to disclosure of the subject information and may seek a protective order pursuant to subparagraph (e). Objections to disclosure may be based on all legal grounds, including, but not limited to, lack of relevance to the issues for hearing. (e) Protective Orders: (1) Upon motion by a party from whom discovery is sought, a third-party who has made a claim of confidentiality regarding the information to be discovered or by the hearing officer on his or her own motion, the hearing officer may enter a protective order with respect to this material. (2) Prior to granting a protective order, it must be established by the moving party that the information sought to be protected is entitled to be treated as a trade secret or is otherwise confidential. A party or person seeking a protective order shall have the opportunity to be heard on all issues relevant to preserving the record's confidentiality, including, but not limited to, the following: (A) The appropriate scope and terms of any governing protective order; (B) The terms under which the record may be placed in evidence or otherwise used at a hearing; and (C) The disposition of the record and any copies thereof after all relevant administrative and judicial proceedings have concluded. (3) A party or person seeking a protective order may be permitted to make all, or part of, the required showing in a closed meeting. The hearing officer shall have discretion to limit attendance at any closed meeting proceeding to the hearing officer and the person or party seeking the protective order. (4) A protective order, if granted, shall contain terms governing the treatment of the information which are appropriate under the circumstances to prevent disclosure outside the hearing. The protective order may order that the trade secret information not be disclosed or that it be disclosed only to specified persons, or in a specified way. Disclosure may be limited to counsel for the parties who shall not disclose such information to the parties themselves. Disclosure to specified persons shall be conditioned on execution of sworn statements that no disclosure of the information will be made to persons not entitled to receive it under the terms of the protective order. (5) The protective order shall contain terms governing the treatment of the information which are appropriate under the circumstances to prevent disclosure outside the hearing; the order may require that the material be kept under seal and filed separately from other evidence and exhibits in the hearing. (6) Any party subject to the terms and conditions of any protective order, desiring to make use of any documents or testimony obtained in a closed meeting, shall file a motion to the hearing officer and set forth justification for the request. The motion shall be granted upon a demonstration of good cause that the information is relevant and has significant probative value on a disputed issue of material fact in issue. In granting the motion, the hearing officer shall enter an order protecting the rights of the affected persons and parties, who have claimed that the information is confidential, by preventing any unnecessary disclosure of the information. The hearing officer may require that the information be presented in a closed meeting, with attendance limited, as necessary and practicable, to specified representatives of the parties and that the material be sealed and filed separately from other evidence and exhibits in the hearing. (7) The hearing office shall make a record of all closed meetings that are held under this section. The record shall be sealed and made available, upon appropriate order, to the state board or to the court review of the record. (8) If the hearing officer denies a motion for protective order or grants a protective order only, in part, the order shall not become effective until ten days after the date the order is served. In the interim, a party to the proceeding or third-party holder of the asserted confidential information adversely affected by the order may seek appropriate interlocutory relief in a court of competent jurisdiction. (f) Proceeding to Compel Discovery. (1) Any party claiming that its request for discovery pursuant to this section has not been complied with or that the opposing party has failed to comply with a stipulated agreement to provide discovery may serve and file with the hearing officer a motion to compel the party who has refused or failed to produce the requested or stipulated discovery to comply. The motion shall include the following: (A) Facts showing the party has failed or refused to comply with a discovery request or stipulation; (B) A description of the information sought to be discovered; (C) The reasons why the requested information is discoverable; (D) Evidence that a reasonable and good faith attempt to contact the noncomplying party for an informal resolution of the issue has been made; and (E) To the extent known by the moving party, the measures for the noncomplying party's refusal to provide the requested information. (2) The motion shall be filed within 15 days after the date the requested information was to be made available for inspection and copying or the date a deposition was scheduled to take place and served upon the party who has failed or refused to provide discovery. (3) The hearing on the motion to compel discovery shall be held within 15 days after the motion is filed, or a later time that the hearing officer may on his or her own motion for good cause determine. The party who has refused or failed to provide discovery shall have the right to serve and file a written answer or other response which shall be due at the hearing office and personally served on all parties at least three days prior to the date set for hearing. (4) Where the matter sought to be discovered is under the custody or control of the party who has refused or failed to provide discovery and that party asserts that the matter is not a discoverable matter under this section, or is privileged against disclosure, the hearing officer may order that the party in custody lodge with the hearing office the matters identified in subdivision (b) of section 915 of the Evidence Code and the hearing officer shall examine the matters in accordance with those provisions. (5) The hearing officer shall decide the case on the matters examined in a closed meeting, the papers filed by the parties, and such oral argument and additional evidence as the hearing officer may allow. (6) Unless otherwise stipulated by the parties, the hearing officer shall no later than 15 days after the hearing make its order denying or granting the motion. The order shall be in writing setting forth the matters the moving party is entitled to discover. The hearing office shall serve a copy of the order by mail upon the parties. Where the order grants the motion in whole, or in part, the order shall not become effective until ten days after the date the order is served. Where the order denies relief to the moving party, the order shall be effective on the date it is served. (7) If after receipt of an order directing compliance with the provisions of these rules regarding discovery, a party fails, without good cause, to comply with the order, the hearing officer may draw adverse inferences against that party and may prevent that party from introducing any evidence that had been requested and not produced during discovery into the administrative record. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028 and 43031(a). Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); Sections 42410, 43023, 43028 and 43031(a), Health and Safety Code; Sections 11189 and 11507.6, Government Code; and Section 915(b), Evidence Code. s 60065.27. Subpoena and Subpoena Duces Tecum. (a) Subpoenas and subpoenas duces tecum may be issued for attendance at a hearing and for production of documents at any reasonable time and place or at a hearing. (b) At the request of a party, subpoenas and subpoenas duces tecum shall be issued by the hearing officer assigned to a proceeding, or the general counsel or executive officer of the complainant, or, if represented by an attorney, the attorney of record for a party in accordance with sections 1985-1985.4 of the California Code of Civil Procedure. (c) The custodian of documents that are the subject of a subpoena duces tecum may satisfy the subpoena by delivery of the documents or a copy of the documents, or by making the documents available for inspection or copying, together with an affidavit in compliance with section 1561 of the Evidence Code. (d) The process extends to all parts of the state and shall be served in accordance with sections 1987 and 1988 of the California Code of Civil Procedure. A subpoena or subpoena duces tecum may also be delivered by certified mail return receipt requested or by messenger. Service by messenger shall be effected when the witness acknowledges receipt of the subpoena to the sender, by telephone, by mail, or in person, and identifies himself or herself either by reference to date of birth and driver's license number or Department of Motor Vehicles identification number, or the sender may verify receipt of the subpoena by obtaining other identifying information from the recipient. The sender shall make a written notation of the acknowledgment. A subpoena issued and acknowledged pursuant to this section has the same force and effect as a subpoena personally served. Failure to comply with a subpoena issued and acknowledged pursuant to this section may be punished as a contempt and the subpoena may so state. A party requesting a continuance based upon the failure of a witness to appear at the time and place required for the appearance or testimony pursuant to a subpoena, shall prove that the party has complied with this section. The continuance shall only be granted for a period of time that would allow personal service of the subpoena and in no event longer than that allowed by law. (e) No witness is obliged to attend unless the witness is a resident of the state at the time of service. (f) Upon timely motion of a party or witness, or upon his or her own motion, after notice to the parties and an opportunity to be heard and upon a showing of good cause, the hearing officer may order the quashing of a subpoena or subpoena duces tecum entirely, may modify it, or may direct compliance with it upon other terms or conditions. In addition, the hearing officer may make any other order as may be appropriate to protect a party or witness from unreasonable or oppressive demands. (g) The state board may quash a subpoena or a subpoena duces tecum that it has issued on its own motion. (h)(1) In the case of the production of a party to the record of a proceeding or of a person for whose benefit a proceeding is prosecuted or defended, the service of a subpoena on the witness is not required if written notice requesting the witness to attend, with the time and place of the hearing, is served on the representative of the party or person. (2) Service of written notice to attend under this section shall be made in the manner and is subject to the conditions provided in section 1987 of the California Code of Civil Procedure for service of written notice to attend in a civil action or proceeding. (i) A witness other than an employee of the state or a political subdivision thereof appearing pursuant to a subpoena or a subpoena duces tecum, other than a party, shall receive the same mileage, and appearance fees allowed by law; such fees are to be paid by the party at whose request the witness is subpoenaed. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028 and 43031(a), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); Sections 42410, 43023, 43028 and 43031(a), Health and Safety Code; Sections 11186-11188 and 11450.05-11450.30, Government Code; Section 1561, Evidence Code; and Sections 1985-1985.4, 1987 and 1988, California Code of Civil Procedure. s 60065.28. Witness Lists and Exhibits. (a) No later than ten days before the scheduled hearing date, the parties shall submit to the hearing office and serve upon the other parties: (1) A list of the names, addresses and qualifications of proposed witnesses to be called in making the party's case-in-chief and a brief summary of the testimony to be presented by each witness; and (2) Each document or other exhibit, the party expects to offer or may offer, if the need arises, into evidence in making the party's case-in-chief. (b) The hearing officer may prohibit any party from presenting any witness or exhibit that has not been included on that party's witness list or submitted exhibits as required under paragraph (a) of this section. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028 and 43031(a). Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42410, 43023, 43028 and 43031(a), Health and Safety Code. s 60065.29. Motions for Summary Determination of Issues. (a) Any party may file a motion for summary judgment or summary adjudication of the issues. Such motions shall include supporting legal argument, and where necessary, affidavits showing that there is no genuine issue of material fact for determination regarding the identified issues. A party opposing such a motion shall show by affidavit or other documentation that a genuine issue of material fact as to the issues raised exists. After reviewing the motion and response of the parties, the administrative record, and any arguments of the parties, the hearing officer shall determine whether a genuine issue of material fact as to the issues exists and whether a party is entitled to judgment on the issue(s) as a matter of law. (b) If, upon considering a motion under subparagraph (c), the hearing officer determines that a party is entitled to summary judgment on the issue(s) as a matter of law, the hearing officer shall issue a written decision or order that sets forth necessary findings of fact and conclusions of law regarding all matters that were at issue. In a complaint proceeding, if the hearing officer decision finds the respondent to be in violation, the hearing officer shall follow the penalty assessment criteria set forth in section 60065.40. (c) Should it appear from the affidavits of a party opposing the motion that the party cannot, for reasons stated, present by affidavit facts essential to justify the party's opposition, the hearing officer may deny the motion or may grant a continuance to permit affidavits to be obtained or to permit such additional discovery as provided under these procedures. (d) The hearing officer shall deny a request for summary determination of the issue(s) if he or she finds the administrative record, including any evidence presented by the parties as part of this motion, present a genuine issue of material fact. If the hearing officer denies a request for summary determination, or denies such a request in part, the hearing officer shall promptly issue to each party a written ruling as to the existence of a genuine issue of material fact on the issue(s) and the reasons for the ruling. The matter shall continue to be set for hearing on all issues for which a genuine issue of material fact exists. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028 and 43031(a), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42410, 43023, 43028 and 43031(a), Health and Safety Code. s 60065.30. Contempt. If any person in proceedings before the hearing officer disobeys or resists any lawful order or refuses to respond to a subpoena, subpoena duces tecum, or refuses to take the oath or affirmation as a witness or thereafter refuses to be examined, or is guilty of misconduct during a hearing or in its immediate vicinity as to obstruct the proceedings, the hearing officer may certify the facts to the Superior Court in and for the county where the proceedings are held for contempt proceedings pursuant to Government Code section 11455.20. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028 and 43031(a), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); Sections 42410, 43023, 43028 and 43031(a), Health and Safety Code; and Sections 11455 and 11525, Government Code. s 60065.31. Sanctions. (a) Notwithstanding the above, the hearing officer may order a party, a party's representative or both, to pay reasonable expenses, including attorney's fees, incurred by another party as a result of bad faith actions or tactics that are frivolous or solely intended to cause unnecessary delay. (1) "Actions or tactics" include, but are not limited to, the making or opposing of motions; the failure to comply with a discovery request or subpoena; or the failure to comply with a lawful order of the hearing officer. (2) "Frivolous" means: (A) Totally and completely without merit, or (B) For the sole purpose of harassing an opposing party. (b) An order for sanctions may be oral on the record or in writing and shall set forth the factual findings which are the basis for the imposition of sanctions. (1) In determining reasonable expenses, the party or parties to whom payment is to be made shall, at the hearing officer's discretion, either make a statement on the record under oath or submit a written declaration under penalty of perjury setting forth with specificity the expenses incurred as a result of the other party's conduct. (2) Within five days of the receipt of the hearing officer's order for the payment of expenses, a party or representative may, on the ground of hardship, request reconsideration from the hearing officer issuing the order. The request for reconsideration shall be filed in writing, and include a declaration under penalty of perjury. (c) The order or denial of an order to pay expenses under paragraph (b) is subject of procedural review in the same manner as a final decision pursuant to Subarticle 11. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028 and 43031(a), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); Sections 42410, 43023, 43028 and 43031(a), Health and Safety Code; and Sections 11455.30 and 11525, Government Code. s 60065.32. Failure to Appear. If after service of a Notice of Hearing, including Notice of Consolidated Hearing or Continuance, a party fails to appear at a hearing either in person or by representative, the hearing officer may take the proceeding off calendar, or may, at the request of a party, or on his or her own motion, issue a default order in a complaint proceeding in accordance with section 60065.38 of this article. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028 and 43031(a), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42410, 43023, 43028 and 43031(a), Health and Safety Code. s 60065.33. Conduct of Hearing. (a) The hearing shall be presided over by a hearing officer who shall conduct a fair and impartial hearing in which each party has a reasonable opportunity to be heard and to present evidence. (b) The hearing shall be conducted in the English language. (c) Subject to reasonable limitations that may be imposed by the hearing officer, each party to the proceeding shall have the right to: (1) Call and examine witnesses; (2) Introduce exhibits; (3) Question opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examinations; (4) Impeach any witness regardless of which party first called the witness to testify; and (5) Call and examine an opposing party as if under cross-examination, even if that party does not testify on his or her own behalf. (d) Burden of Going Forth. (1) The complainant shall have the initial burden of presenting evidence in support of issuance of the complaint, the requested penalty, and any other material that is pertinent to the issues to be determined by the hearing officer. (2) At the conclusion of complainants case-in-chief, the respondent has the burden of presenting any defense to the allegations set forth in the complaint and any response or evidence with respect to the appropriate relief. The respondent has the right to examine, respond to, or rebut the allegations of the complaint and any proffered evidence and material. The respondent may offer any documents, testimony, or other exculpatory evidence which bears on appropriate issues, or may be relevant to the penalty amount. (3) At the close of respondent's presentation of evidence, the parties respectively have the right to introduce rebuttal evidence that is necessary to resolve disputed issues of material fact, subject to any limits imposed by the hearing officer pursuant to subparagraph (e)(1) below. (e) The hearing officer may: (1) Limit the number of witnesses and the scope and extent of any direct examination, cross-examination, or rebuttal testimony, as necessary, to protect the interests of justice and conduct a reasonably expeditious hearing; (2) Require the authentication of any written exhibit or statement; (3) Call and examine a party or witness and may, on his or her own motion, admit any relevant and material evidence; (4) Exclude persons whose conduct impedes the orderly conduct of the hearing; (5) Restrict attendance because of the physical limitations of the hearing facility; or (6) Take other action to promote due process or the orderly conduct of the hearing. (f) The taking of evidence in a hearing shall be controlled by the hearing officer in the manner best suited to ascertain the facts and safeguard the rights of the parties. Prior to taking evidence, the hearing officer shall define the issues and the order in which evidence will be received. (g) Each matter in controversy shall be decided by the hearing officer upon a preponderance of the evidence. (h) Hearings shall be recorded electronically. The recording made by the Administrative Hearing Office shall be the official recording of the hearing. (1) A verbatim transcript of the official recording will not normally be prepared, but may be ordered by the hearing officer if deemed necessary to permit a full and fair review and resolution of the case. If not so ordered by the hearing officer, a party may, at its own expense, request that a verbatim transcript be made. The party making the request shall provide one copy to the hearing officer and one copy to every other party. (2) The official recording of the hearing and transcript of the recording, together with all written submissions made by the parties, shall become part of the administrative record for the proceeding. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028 and 43031(a), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42410, 43023, 43028 and 43031(a), Health and Safety Code. s 60065.34. Evidence. (a) Testimony shall be taken only under oath or affirmation. (b) The hearing need not be conducted according to technical rules relating to evidence and witnesses. The hearing officer shall admit evidence which is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions, and which is not irrelevant, immaterial, unduly repetitious, or otherwise unreliable or of little probative value. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but upon timely objection shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The application of these rules shall not affect the substantial rights of the parties as provided in the Evidence Code. (c) The rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized at the hearing. (d) Trade secret and other confidential information may be introduced into evidence. The hearing officer shall preserve the confidentiality of such information, and may make such orders as may be necessary to consider such evidence in a closed meeting, including the use of a supplemental order or decision to address matters which arise out of that portion of the evidence which is confidential. (e) In reaching a decision, official notice may be taken, either before or after submission of the proceeding for decision, of any generally accepted technical or scientific matter within the state board's area of expertise, and determinations, rulings, orders, findings and decisions, required by law to be made by the hearing officer. (1) The hearing officer shall take official notice of those matters set forth in section 451 of the Evidence Code. (2) The hearing officer may take official notice of those matters set forth in section 452 of the Evidence Code. (3) Each party shall give notice of a request to take official notice and be given reasonable opportunity on request to present information relevant to: (A) The propriety of taking official notice; and (B) The effect of the matter to be noticed. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028 and 43031(a), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); Sections 42410, 43023, 43028 and 43031(a), Health and Safety Code; and Sections 451 and 452, Evidence Code. s 60065.35. Evidence by Affidavit or Declaration. (a) At any time 20 or more days prior to a hearing or a continued hearing, a party may mail or deliver to the opposing party or parties a copy of any affidavit or declaration which the proponent proposes to introduce in evidence, together with a notice as provided in subdivision (b). Unless an opposing party, within seven days after such mailing or delivery, mails or delivers to the proponent a request to cross-examine the affiant or declarant the opposing party's right to cross-examine such affiant or declarant is waived and the affidavit or declaration, if introduced in evidence, shall be given the same effect as if the affiant or declarant had testified orally. If an opportunity to cross-examine an affiant or declarant is not afforded after request therefore is made as herein provided, the hearing officer may allow the affidavit or declaration to be introduced, but if it is allowed to be introduced, it shall only be given the same effect as other hearsay evidence. (b) The notice referred to in subdivision (a) shall be a separate document concurrently served with the affidavit or declaration, entitled "Notice of Intent to Use Declaration or Affidavit in Lieu of Oral Testimony." The title shall be in bold print. The content of the notice shall be substantially in the following form: "The accompanying affidavit or declaration of [insert name of affiant or declarant] will be introduced as evidence at the hearing in [insert title and docket number or petition number of proceeding]. [Insert name] will not be called to testify orally and you will not be entitled to question the affiant or declarant unless you notify [insert name of the proponent, representative, agent or attorney] at [insert address] that you wish to cross-examine the affiant or declarant. To be effective, your request must be mailed or delivered to [insert name of proponent, representative, agent or attorney] on or before [insert a date 7 days after the date of mailing or delivery of the affidavit to the opposing party]." Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028 and 43031(a), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42410, 43023, 43028 and 43031(a), Health and Safety Code. s 60065.36. Exclusion of Witnesses. Upon motion of a party, the hearing officer may exclude from the hearing room any witnesses not at the time under examination; but the parties or their representatives to the proceeding shall not be excluded. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028 and 43031(a), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42410, 43023, 43028 and 43031(a), Health and Safety Code. s 60065.37. Oral Argument and Briefs. (a) Prior to the close of the hearing, the hearing officer may, on his or her own motion, or upon motion of a party, grant and determine the length of oral argument. (b) Motions to submit written closing argument shall be made prior to the close of the hearing and shall be granted at the discretion of the hearing officer upon a determination that written argument will be productive and will not unreasonably delay the disposition of the proceeding. The hearing officer shall determine the appropriate page lengths of all post hearing briefs at the time he or she determines that the filing of closing arguments is appropriate. A party shall file a written closing brief within 15 working days from the date of the hearing. Opposing parties may file a reply brief within 10 working days from service of the argument. The hearing officer may extend or reduce the above filing dates for submission of written argument for good cause. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028 and 43031(a), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42410, 43023, 43028 and 43031(a), Health and Safety Code. s 60065.38. Default Order. (a) Upon motion, the hearing officer may find a party to be in default upon failure, without good cause to file a timely response to the complaint as required under section 60065.18; to appear at a scheduled conference or hearing; or to comply with an order of the hearing officer. (b) For purposes of a pending complaint action, (1) A default by respondent shall constitute an admission of all facts alleged in the complaint and a waiver of respondent's right to a hearing of the factual allegations. (2) A default by complainant shall constitute a waiver of complainant's right to proceed on the merits of the action, and shall result in the dismissal of the complaint with prejudice. (c) No finding of default shall be made against the respondent unless the complainant presents sufficient evidence to establish a prima facie showing that the state board and the hearing officer had jurisdiction over the matters at issue and that the complaint was properly served. (d) Within 10 days, the complainant shall present written evidence, supported by affidavits or declarations explaining the proposed penalty set forth in the complaint. (e) Any proceeding may be reinstated by the hearing officer upon a showing of good cause that contains sufficient facts to show or establish a reasonable basis for the failure to appear at the hearing. The request for reinstatement shall be made by the defaulting party within 10 days of service of the default order. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028 and 43031(a), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42410, 43023, 43028 and 43031(a), Health and Safety Code. s 60065.39. Order or Decision of the Hearing Officer after a Complaint Hearing; Rehearing. (a) Unless otherwise ordered, all complaint proceedings shall be submitted at the close of the hearing unless otherwise extended by the hearing officer or provided in these rules. Within a reasonable period of time after the proceeding is submitted, the hearing officer shall make findings upon all facts relevant to the issues for hearing, and file an order or decision with the reasons or grounds upon which the order or decision was made. (b) The order or decision shall be in writing, signed and dated by the hearing officer deciding the proceeding. (c) The order or decision may, based on the findings of fact, affirm, modify or vacate the alleged violations set forth in the complaint or the proposed penalty, or direct other relief as applicable. (d) A copy of the order or decision shall be served on each party or representative together with a statement informing the parties of their right to petition the executive officer, for reconsideration of the order or decision pursuant to section 60065.41 of these rules. (e)(1) Within five days of the filing of any order or decision, the hearing officer may, at the request of any party or on his or her own motion, on the basis of mistake of law or fact, issue a modified order or decision correcting a mistake or error with respect to any matters determined or covered by the previously issued order or decision. If necessary, the hearing officer may schedule further proceedings to address the issue(s). (2) If a request has been filed under this subparagraph, the request shall be deemed denied if the hearing officer has taken no action to address the request within 15 days of filing of the request. (3) The hearing office shall serve a copy of any modified order or decision on each party that had previously been served with the original order or decision. The modified order or decision shall supersede the previously served order or decision, and the date of service of the modified order or decision shall be the effective date of the decision and order for purposes of sections 60065.41 and 60065.44. (f) The hearing officer shall certify the administrative record and shall make available copies of the administrative record and any issued orders or decisions to the executive officer. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028 and 43031(a), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42410, 43023, 43028 and 43031(a), Health and Safety Code. s 60065.40. Penalty Assessment Criteria. (a) In determining penalties for complaints issued under Health and Safety Code section 42410, the hearing officer shall consider all relevant circumstances, including, but not limited to: (1) The extent of harm caused by the violation; (2) The nature and persistence of the violation; (3) The length of time over which the violation occurs; (4) The frequency of past violations; (5) The record of maintenance; (6) The unproven or innovative nature of the control equipment; (7) Any action taken by the respondent, including the nature, extent, and time of response of the cleanup and construction undertaken, to mitigate the violation; (8) The financial burden to the respondent; and (9) The penalties or range of penalties set forth in the underlying rules or regulations that have been violated. (b) In determining penalties for complaints issued under Health and Safety Code sections 43023 and 43028, the hearing officer shall consider all relevant circumstances, including, but not limited to: (1) The extent of harm caused by the violation to public health and safety and to the environment; (2) The nature and persistence of the violation, including the magnitude of the excess emissions; (3) The compliance history of the respondent, including the frequency of past violations; (4) The preventive efforts taken by respondent, including the record of maintenance and any program to ensure compliance; (5) The innovative nature and the magnitude of the effort required to comply, and the accuracy, reproducibility, and repeatability of the available test methods; (6) The efforts to attain, or provide for, compliance; (7) The cooperation of the respondent during the course of the investigation and any action taken by the defendant, including the nature, extent, and time of response of any action taken to mitigate the violation; (8) For the person who owns a single retail service station, the size of the business; and (9) The penalties or range of penalties set forth in the underlying rules or regulations that have been violated. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028 and 43031(a), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42403, 42410, 43023, 43028 and 43031(a), Health and Safety Code. s 60065.41. Reconsideration by Executive Officer. (a) A party aggrieved by an order or decision of a hearing officer in a complaint proceeding pursuant to section 60065.39 of these rules may, within 20 days of service of such order or decision, request that the executive officer reconsider the hearing officer decision with respect to any matters covered by the order or decision. The request for reconsideration shall be filed with the executive officer and shall be served on all parties and the hearing office. The request shall be deemed filed the date it is delivered or mailed to the executive officer. (b) Within 20 days of issuance of an order or decision by a hearing officer in a complaint proceeding pursuant to section 60065.39 of these rules, the executive officer may, on his or her own motion, decide to order reconsideration of the order or decision of the hearing officer. The executive officer shall notify the parties and the hearing office of this decision. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028 and 43031(a), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42410, 43023, 43028 and 43031(a), Health and Safety Code. s 60065.42. Requirements in Filing Request for Reconsideration; Comments Opposing Request. (a) A request for reconsideration of a hearing officer order or decision shall be signed by the party or its representative and verified under oath. The request shall be based upon one or more of the following grounds: (1) The hearing officer acted without or in excess of its powers; (2) The order or decision was procured by fraud; (3) The order or decision is not supported by the evidence or the findings of fact; (4) The requesting party has discovered new material evidence that could not, with reasonable diligence, have been discovered and produced at the hearing; or (5) The hearing officer has misapplied applicable law. (b) Any request for reconsideration shall specifically detail the grounds upon which the requesting party considers the order or decision to be unjust or unlawful and every issue to be considered on reconsideration. The requesting party shall be deemed to have fully waived all objections, irregularities, and illegalities concerning the proceeding upon which reconsideration is sought other than those specifically set forth in the request for reconsideration. The request for reconsideration will be denied if it contains no more than allegations of the statutory or constitutional grounds for reconsideration, unsupported by specific references to the record and principles of law involved. (c) When a request for reconsideration or answer thereto has been timely filed, the filing of supplemental papers or answers may be granted at the discretion of the executive officer. Parties requesting a copy of the hearing record shall bear the cost of reproduction. (d) The request for reconsideration may include a request that the order or decision of the hearing officer be stayed pending resolution of the request for reconsideration. As stated in section 60065.48, the order or decision shall be automatically stayed for 30 days from the date of filing of the request for reconsideration. (e) Within ten days of being served with notice of a request for reconsideration, a party opposed to the request may file an opposition to the request with the executive officer. The opposition shall be signed and verified under oath by the party or its representative and shall not exceed 6 pages. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028 and 43031(a), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42410, 43023, 43028 and 43031(a), Health and Safety Code. s 60065.43. Final Order or Decision; Effective Date. (a) If no request for reconsideration of a hearing officer's order or decision is filed within 20 days of the service of an order or decision, and no reconsideration has been ordered by the executive officer on his or her own motion the order or decision of the hearing officer shall become final. The effective date of the final order or decision shall be 30 days from the date of service of the hearing officer order or decision on the parties. (b) If a request for reconsideration has been filed but has been summarily denied because the executive officer has not taken any action on the request within 20 days after receipt of the request, the underlying hearing officer order or decision shall become final. The effective date of the order or decision becoming final shall be the date that the order summarily denying the request for reconsideration was served on the parties. (c) If a request for reconsideration has not been summarily denied, the order or decision of the executive officer that addresses and fully disposes of the request for reconsideration is the final order or decision. The effective date of the order or decision shall be the date that the decision was served on the parties. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028 and 43031(a), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42410, 43023, 43028 and 43031(a), Health and Safety Code. s 60065.44. Judicial Review. (a) A party adversely affected by a final decision of the hearing officer or the executive officer on reconsideration, may seek judicial review by filing a petition for a writ of mandate in accordance with section 1094.5 of the California Code of Civil Procedure. The right to petition shall not be affected by the failure to seek reconsideration before the agency. Such petition shall be filed within 30 days after the order or decision becomes final. (b) The state board may seek to enforce a final order or decision in superior court in accordance with applicable law. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028 and 43031(a), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); Sections 42410, 43023, 43028 and 43031(a), Health and Safety Code; and Section 1094.5, California Code of Civil Procedure. s 60065.45. Judicial Review. Note: Authority cited: Sections 39600, 39601, 43028 and 43031(a), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); Sections 43028 and 43031(a), Health and Safety Code; and Section 1094.5, California Code of Civil Procedure. s 60075.1. Applicability. These rules shall govern hearings to review citations issued by the state board pursuant to Health and Safety Code sections 42410, 43023,43028, 43031(a) and 44011.6. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028, 43031(a) and 44011.6(m), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 39674, 42401, 42402, 42402.1, 42402.2, 42402.3, 43008.6, 42410, 43012, 43016, 43021, 43023, 43026, 43027, 43028, 43029, 43030, 43031(a), 43154, 43201, 43211, 43212 and 44011.6, Health and Safety Code. s 60075.2. Definitions. (a) The definitions applicable to these rules include those set out in the Health and Safety Code (commencing with section 39010). (b) The following definitions also apply: (1) "Administrative record" means all documents and records timely filed with the hearing office, pursuant to section 60075.3 and the time deadlines of these rules, including pleadings, petitions, motions, and legal arguments in support thereof; all documents or records admitted into evidence or administratively noticed by the hearing officer; all official recordings or written transcripts of hearings conducted; and all orders or decisions issued by the hearing officer, executive officer, or the state board regarding the citation at issue; administrative record does not include any prohibited communications as defined in section 60075.14, and any settlement discussions or offers of settlement. (2) "Citation" means an administrative action alleging one or more Class I violations as determined by the state board pursuant to section 60075.11. (3) "Citee" means any person named in a citation as committing a Class I violation; in citations issued pursuant to Health and Safety Code section 44011.6 and title 13, CCR, section 2180, et seq., the citee is the vehicle owner as defined in section 2180.1(a)(21). (4) "Citing Party" means the state board, acting through any of its employees that have been authorized by the state board or its executive officers, to investigate, issue, and prosecute a citation under this article. (5) "Class I violation" means the type of violation for which issuance of a citation under this article is appropriate; it includes: (A) All violations arising under Health and Safety Code sections 44011.6, et seq.; and (B) Those violations that are less complex, less serious in nature as determined by one or more relevant factors listed in section 60075.11, and that the state board elects to address as "Class I violations." (6) "Consent Order" means an order entered by the hearing officer in accordance with the settlement agreement of the parties. (7) "Days" means calendar days. (8) "Default" means the failure of any party to take the steps necessary and required by these regulations to further the hearing towards resolution, resulting in a finding by the hearing officer of forfeiture of the cause of action against that party. (9) "Discovery" means the limited right to exchange documents and taking of depositions, as provided in Subarticle 7. (10) "Executive Officer" is the executive officer of the state board. (11) "Hearing Office" is the office established by the state board to conduct administrative hearings pursuant to Health and Safety Code sections 44011.6(m) and 43028, or the Department of General Services, Office of Administrative Hearings ( "OAH"), established pursuant to Government Code section 11370.2. (12) "Hearing Officer" is an administrative law judge appointed by the state board to conduct hearings pursuant to sections 44011.6 and 43028 of the Health and Safety Code and these rules, or an administrative law judge within OAH, who shall be appointed to conduct hearings pursuant to Health and Safety Code sections 42410 and 43023 and these rules. (13) "Party" includes the citing party and citee. (14) "Penalty" means an administrative penalty assessed against a citee for one or more violations of the Act. (15) "Proceeding" means any hearing, determination or other activity before the hearing officer that involves the parties to a citation or consideration of the citation. (16) "Settlement Agreement" means a written agreement executed by citing party and citee that respectively settles the allegations at issue in the citation. The settlement agreement shall include, but not be limited to, the following: (1) stipulations by the parties establishing subject matter; (2) an admission by citee that it committed the violations as alleged in the citation or a statement by citee that it neither admits nor denies that it committed such violations; and (3) the terms and conditions of the settlement. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028, 43031(a) and 44011.6(m), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42410, 43023, 43028, 43031(a) and 44011.6, Health and Safety Code. s 60075.3. Time Limits; Computation of Time. (a) All actions required pursuant to these rules shall be completed within the times specified in these rules, unless extended by the hearing officer upon a showing of good cause, and after consideration of prejudice to other parties. Requests for extensions of time for the filing of any pleading, letter, document, or other writing must be received in advance of the date on which the above is due to be filed and should contain sufficient facts to establish a reasonable basis for the relief requested. (b) In computing the time within which a right may be exercised or an act performed, the day of the event from which the designated right or act begins shall be excluded and the last day shall be included. If the last day falls on a Saturday, Sunday, or a state holiday, time shall be extended to the next working day. (c) In computing time, the term "day" means calendar day. (d) Unless otherwise indicated by proof of service, the mailing date shall be presumed to be the postmark date appearing on the envelope if first-class postage was prepaid and the envelope was properly addressed. (e) Where service of any pleading, letter, document, or other writing is by mail, overnight delivery, or by facsimile transmission (fax), pursuant to section 60075.4(c), and if within a given number of days after such service, a right may be exercised, or an act is to be performed, the time within which such right may be exercised or act performed shall be extended as provided in section 60075.4(c). Such extensions shall not apply to extend the time for requesting a hearing pursuant to section 60075.17 of these rules. (f) Papers received by the hearing office during regular business hours (8 a.m. to 5 p.m.) will be filed on that day. Papers received at times other than regular business hours will be filed on the next regular business day. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028, 43031(a) and 44011.6(m), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42410, 43023, 43028, 43031(a) and 44011.6, Health and Safety Code. s 60075.4. Service, Notice and Posting. (a) Except as otherwise provided, the original of every pleading, letter, document, or other writing served in a proceeding under these rules shall be filed with the hearing office. (b) If a hearing is assigned to OAH, a copy of every pleading, letter, document or other writing served in a proceeding under these rules shall also be filed with the state board. (c) Unless otherwise required, service of any documents in the proceedings may be made by personal delivery; by United States first-class or interoffice mail, overnight delivery, or fax. (1) Service is complete at the time of personal delivery. (2) In the case of first-class mail, the documents to be served must be deposited in a post office, mailbox or mail chute, or other like facility regularly maintained by the United States Postal Service, in a sealed envelope, properly addressed to the person on whom it is to be served at the address as last given by that person on any document filed in the present cause of action and served on the party making service, or otherwise at the place of residence of the person to be served. The service is complete at the time of the deposit, but any period of notice and any right or duty to do any act or to make any response within any period or date prescribed after service of the document shall be extended five days if the place of address is within the State of California, 10 days if the place of address is outside the State of California, but within the United States, and 15 days if the place of address is outside the United States. (3) If served by overnight delivery, or interoffice mail, the document must be deposited in a box or other facility regularly maintained for interoffice mail or by the express service carrier, or delivered to an authorized courier or driver authorized by the express service carrier to receive documents, in an envelope or package designated by the express service carrier with delivery fees paid or provided for, addressed to the person on whom it is to be served, at the address as last given by the person on any document filed in the present cause of action and served on the party making service, or otherwise, at that place of residence of the person to be served. The service is complete at the time of the deposit, but any period of notice and any right or duty to do any act or to make any response within any period or date prescribed after service of the document shall be extended two days. (4) If served by fax, the document must be transmitted to a fax machine maintained by the person on whom it is served at the fax machine telephone number as last given by that person on any document which he or she has filed in the present cause of action and served on the party making the service. The service is complete at the time of the transmission, but any period of notice and any right or duty to do any act or to make any response within any period or date prescribed after service of the document shall be extended two days. (d) The proof of service shall be made by declaration by a person over the age of 18 years and shall state whether such service was made personally, by mail, overnight delivery, or by fax. (1) Where service is made by personal delivery, the declaration shall show the date and place of delivery and the name of the person to whom the documents were handed. Where the person making the service is unable to obtain the name of the person to whom the documents were handed, the person making the service may substitute a physical description for the name. (2) Where service is made by first-class mail or overnight delivery, the declaration shall show the date and place of deposit in the mail, the name and address of the person served as shown on the mailing envelope and that the envelope was sealed and deposited in the mail with the postage fully prepaid. (3) Where service is made by fax, the declaration shall show the method of service on each party, the date sent, and the fax number to which the document was sent. (e) Service and notice to a party who has appeared through a representative shall be made upon such representative. (f) The proof of service declaration shall be signed by the person making it and contain the following statement above the signature: "I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and this declaration was executed at (City, State) on (Date)." The name of the declarant shall be typed or legibly printed and signed below this statement. (g) Proof of service made in accordance with the Code of Civil Procedure section 1013a complies with this regulation. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028, 43031(a) and 44011.6(m), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); Sections 42410, 43023, 43028, 43031(a) and 44011.6, Health and Safety Code; and Sections 11182 and 11184, Government Code; and Sections 1013 and 1013a, Code of Civil Procedure. s 60075.5. Form of Pleadings. (a) Except as provided in this section, or by order of the hearing officer, there are no specific requirements as to the form of documents filed in a proceeding under these rules. (b) The original of any pleading, letter, document, or other writing (other than an exhibit) shall be signed by the filing party or its representative. The signature constitutes a representation by the signer that it has read the document, that to the best of its knowledge, information and belief, the statements made therein are true, and that it has not filed the document for the purpose of delay. (c) The initial document filed by any person shall indicate his or her status (as a party or representative of the party) and shall contain his or her name, address and telephone number. Any changes in this information shall be communicated promptly to the hearing office and all parties to the proceeding. A party who fails to furnish such information and any changes to it shall be deemed to have waived his or her right to notice and service under these rules. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028, 43031(a) and 44011.6(m), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42410, 43023, 43028, 43031(a) and 44011.6, Health and Safety Code. s 60075.6. Limitations on Written Legal Arguments or Statements. Any written legal argument or statement submitted to the hearing officer by a participant in an action under this part shall be legibly printed or double spaced and typed in a font size 12 point or larger. Except as otherwise provided by this part, further limited by the hearing officer, or otherwise authorized by the hearing officer for good cause shown, no written legal argument, exclusive of any supporting documentation, may exceed: (1) 12 pages, for arguments in support of or opposition to motions; and (2) Three pages, for reply arguments. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028, 43031(a) and 44011.6(m), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42410, 43023, 43028 and 43031(1), Health and Safety Code. s 60075.7. Records of the State Board. Except where public disclosure of information or exhibits is restricted by law, records of the state board are public records and are available to the public pursuant to section 91000 et seq., title 17, California Code of Regulations. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028, 43031(a) and 44011.6(m), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); Sections 42410, 43023, 43028, 43031(a) and 44011.6, Health and Safety Code; Section 6250, et seq., Government Code; and Sections 91000, et seq., Title 17, California Code of Regulations. s 60075.8. Representation. (a) A party may appear in person or through a representative, who is not required to be an attorney at law. The right to representation is at the party's own expense. Following notification that a party is represented by a person other than him or herself, all further communications regarding the proceedings shall be directed to that representative. (b) A representative of a party shall be deemed to control all matters respecting the interest of such party in the proceeding. Persons who appear as representatives shall not engage in unethical conduct or intentionally fail to observe the provisions of these rules and the proper instructions or orders of the hearing officer. (c) A representative may withdraw an appearance by filing a written notice of withdrawal with the hearing office and by serving a copy on all parties. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028, 43031(a) and 44011.6(m), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42410, 43023, 43028, 43031(a) and 44011.6, Health and Safety Code. s 60075.9. Interpreters and Other Forms of Accommodation. (a) In proceedings where a party, a party's representative, or a party's expected witness requires an interpreter for any language, including sign language, or any other form of reasonable accommodation that party shall be responsible for notifying the hearing office as soon as the requirement is known, but no later than 10 days prior to the first day of hearing. The hearing officer may allow later notification for good cause. The hearing office shall be responsible for securing the interpreter, and for providing reasonable accommodation. (b) The cost of interpreter services shall be paid by the state board if the hearing officer so directs. In determining who should pay the cost of the interpreter, the hearing officer shall base the decision on equitable considerations, including, the ability of the party in need of the interpreter to pay the cost. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028, 43031(a) and 44011.6(m) Health and Safety Code. Reference: Mathews v. Eldridge, 424 U.S. 319 (1976); Sections 42410, 43023, 43028, 43031(a) and 44011.6, Health and Safety Code; Sections 11435.25, 11435.30 and 11435.55, Government Code; and Section 751, Evidence Code. s 60075.10. Motions. (a) Any motion, including any request for action by the hearing officer relating to any proceeding pending before him or her filed by any party, except those made orally on the record at the hearing, shall be in writing and shall be directed to the hearing officer, with written notice and proof of service to all parties. The caption of each motion shall contain the title and docket number of the proceeding and a clear and plain statement of the relief sought, together with the grounds therefore. (b) Except as otherwise provided by statute or these regulations, or as ordered by the hearing officer, a motion shall be made and filed at least 15 days before the date set for the motion to be heard or the commencement of the hearing on the merits. Any response to the motion shall be filed and served no later than five days before the motion is scheduled to be heard or as ordered by the hearing officer. (c) The hearing office shall set the time and place for the hearing of the motion. The hearing shall occur as soon as practicable. (d) Except as otherwise provided by statute or these regulations, the hearing officer may decide a motion filed pursuant to this section without oral argument. Any party may request oral argument at the time of the filing of the motion or the response. If the hearing officer orders oral argument the party requesting oral argument, or any party directed to do so by the hearing officer, shall serve written notice on all parties of the date, time and place of the oral argument. The hearing officer may direct that oral argument be made by telephone conference call or other electronic means. These proceedings shall be recorded. (e) The hearing officer shall issue a written order deciding any motion, unless the motion is made during the course of the hearing on the merits while on the record. The hearing officer may request that the prevailing party prepare a proposed order. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028, 43031(a) and 44011.6(m), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42410, 43023, 43028, 43031(a) and 44011.6, Health and Safety Code. s 60075.11. Determination of Class I Violations. (a) A Class I violation includes: those violations that the state board has determined, based upon its enforcement discretion, to be of a nature that is clear cut, and less complex and serious, in terms of size, scope, and harm to the public and environment. Class I violations may cover: (1) All violations arising pursuant to Health and Safety Code sections 44011.6 et seq. (2) Violations arising under Part 5, chapters 1 to 4 and chapter 6 of division 26 of the Health and Safety Code, or violations of any rule, regulation, permit, variance, or orders of the state board adopted or issued by the state board pursuant to the authority granted by those provisions of the Health and Safety Code. (3) Violations of regulations adopted and orders issued by the state board pursuant to authority granted under Parts 1 through 4 of division 26 of the Health and Safety Code. (b) In determining whether violations are Class I violations under section (a)(2) and (a)(3), and the penalty levels of a citation, the state board shall consider the civil penalty amounts prescribed by statute and all relevant circumstances surrounding the violation, the penalty criteria set forth in section 60075.39, supra, and the following; (1) The discernability of the violation; (2) The potential risk of injury to the public and environmental harm from such a violation; (3) Whether the violation is a single violation or has occurred in tandem with other violations; (4) The frequency and duration of the violation; (5) The time, effort, and expense required to correct the violation; (6) The cooperation of the citee in detecting and correcting the violation; (7) The compliance history of the citee; (8) Other factors as appropriate. (c) The maximum civil penalty that may be proposed for each Class I violation, described in subparagraph (a)(2) and (a)(3) above, may not exceed the lesser of the maximum allowed by statue for a violation or $5,000 per day for each day that a violation occurs. In addition, the maximum cumulative penalty that may be proposed in any single citation may not exceed $15,000. See section 60075.39. In determining the amount allowed by statute, the ARB shall use the method of calculation set forth in the underlying statue (e.g., HSC s43016 states that penalties shall be assessed on a per vehicle basis and shall not exceed $500 per vehicle.) (d) The state board shall not issue a citation for a Class I violation covered by section (a)(3) for any violation if the state board shares concurrent enforcement jurisdiction with a district and the district has commenced an enforcement action for that violation. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028, 43031(a) and 44011.6(m), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 39674, 42401, 42402, 42402.1, 42402.2, 42402.3, 43008.6, 42410, 43012, 43016, 43021, 43023, 43026, 43027, 43028, 43029, 43030, 43031(a), 43154, 43201, 43211, 43212 and 44011.6, Health and Safety Code. s 60075.12. Issuance and Service of Citations. (a) The citing party may issue a citation to any person for Class I violations as defined in section 60075.11. (b) A "Citation" shall include the following information: (1) The names of the alleged citees; (2) The code section, rule or regulation that has allegedly been violated; (3) A concise, but reasonably specific statement of the facts that support issuance of each alleged violation; (4) A proposed penalty for the alleged violations that is to be assessed against the citee as authorized by applicable law; (5) Reference to these procedures, notice that the procedures are available from the ARB hearing office (the address and phone number of which shall be set forth), and notice that Chapter 5 (commencing with section 11500) of the Government Code is not applicable to these proceedings; (6) Written notice to citee that he or she: (A) May respond to the allegations of the citation and request a hearing. It shall also inform the citee of the consequences of failing to respond by the applicable deadline; (B) Has the right to represent him or herself or to retain a representative, who is not required to be an attorney, at one's own expense; and (C) If necessary, has the right to an interpreter. (7) The address of the office issuing the citation; the address to which payment of the proposed penalty may be sent; and the address where a request for a hearing may be filed if a citee so elects. (8) A citation shall be served on the named citee by either personal or other form of service consistent with Code of Civil Procedure sections 415 through 417 or by certified mail, restricted delivery. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028, 43031(a) and 44011.6(m), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42410, 43023, 43028, 43031(a) and 44011.6, Health and Safety Code. s 60075.13. Authority of Hearing Officers; Disqualification. (a) In any matter subject to hearing pursuant to these rules, the hearing officer shall have the authority to do any act and take all measures necessary for the maintenance of order and for the efficient, fair and impartial adjudication of issues arising in proceedings governed by these rules, including but not limited to authority to hold prehearing and settlement conferences; conduct hearings to determine all issues of fact and law presented; to rule upon motions, requests and offers of proof, dispose of procedural requests, and issue all necessary orders; administer oaths and affirmations and take affidavits or declarations; to issue subpoenas and subpoenas duces tecum for the attendance of a person and production of testimony, books, documents, or other things; to compel the attendance of a person residing anywhere in the state; to rule on objections, privileges, defenses, and the receipt of relevant and material evidence; to call and examine a party or witness and introduce into the hearing record documentary or other evidence; to request a party at any time to state the respective position or supporting theory concerning any fact or issues in the proceeding; to certify official acts; to extend the submittal date of any proceeding; to hear and determine all issues of fact and law presented and to issue such interlocutory and final orders, findings, and decisions as may be necessary for the full adjudication of the matter. (b) The hearing officer or the executive officer, on a request for reconsideration, shall disqualify himself or herself and withdraw from any case in which he or she cannot accord a fair and impartial hearing. A hearing officer may not hear any case in which he or she has previously served as an investigator, prosecutor, or advocate. Any party may request disqualification by filing an affidavit or declaration under penalty of perjury. A request for disqualification of the hearing officer must be made no later than five days prior to the commencement to the first day of hearing on the merits of the case. A request for disqualification of the executive officer must be included in the request for reconsideration. The affidavit or declaration must state with particularity the grounds upon which it is claimed that a fair and impartial hearing cannot be accorded. The issue shall be respectively determined by either the hearing officer or the executive officer against whom the request for disqualification has been filed. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028, 43031(a) and 44011.6(m), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); Sections 42410, 43023, 43028, 43031(a) and 44011.6, Health and Safety Code; and Sections 11181 and 11182, Government Code. s 60075.14. Prohibited Communications. (a) Except as otherwise provided in this section, while the proceeding is pending, the hearing officer shall not participate in any communications with any party, representative of a party, or any person who has a direct or indirect interest in the outcome of the proceeding about the subject matter or merits of the case at issue, without notice and opportunity of all parties, to participate in communication except a party that has been determined to be in default pursuant to section 60075.38. (b) No pleading, letter, document, or other writing shall be filed in a proceeding under these rules by a party unless service of a copy thereof together with any exhibit or attachment is made on all other parties to a proceeding. Service shall be in a manner as prescribed in section 60075.4. (c) For the purpose of this section, a proceeding is pending from the time that the petition for review of an executive officer decision is filed. (d) Communications prohibited under paragraph (a) do not include communications concerning matters of procedure or practice, including requests for continuances that are not in controversy. It also does not prohibit communications between a party and the hearing officer when the opposing party has had a default entered pursuant to section 60075.38. (e) A communication between a hearing officer and an employee of the state board that would otherwise be prohibited by this section is permissible if: (1) The employee is another hearing officer or other employee of the hearing office whose job duties include aiding the hearing officer in carrying out the hearing officer's adjudicative responsibilities. Upon request, the hearing office will provide a list of employees of the hearing office to the parties. (2) The employee of the state board has not served as an investigator, prosecutor, or advocate in the proceeding or its preadjudicative stage, or in any factually related proceedings, and the purpose of the communication is to assist and advise the hearing officer in determining whether a document is a confidential business record (i.e., trade secrets). In obtaining such assistance and advice, the hearing officer shall give notice to the parties of the person consulted and shall provide the parties with as detailed a summary as possible of the substance of the advice received, while protecting the confidentiality of the business records at issue, and a reasonable opportunity to respond. (3) The prohibitions of paragraph (a) that apply to the hearing officer shall also apply to all employees covered by subparagraphs (1) and (2) above. (4) Communications permitted under subparagraphs (1) and (2) above shall not furnish, augment, diminish, or modify the evidence in the record. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028, and 43031(a). Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); Sections 42410, 43023, 43028 and 43031(a). Health and Safety Code; and Sections 11430.70-11430.80, Government Code. s 60075.15. Disclosure of Communication. (a) If, while the proceeding is pending, but before serving as hearing officer, the hearing officer receives a communication of a type that would be in violation of this subarticle if received while serving as hearing officer, he or she shall, promptly after starting to serve, disclose the content of the communication on the record and give all parties an opportunity to address it as provided below. (b) If a hearing officer receives a communication in violation of this article, the hearing officer shall make all of the following a part of the record in the proceeding: (1) If the communication is written, the writing and any written response of the hearing officer to the communication; and (2) If the communication is oral, a memorandum stating the substance of the communication, any response made by the hearing officer, and the identity of each person from whom the hearing officer received the communication. (c) The hearing officer shall notify all parties that a communication described in this section has been made a part of the record. (d) If a party requests an opportunity to address the communication within ten days after receipt of notice of the communication: (1) The party shall be allowed to comment on the communication. (2) The hearing officer has discretion to allow the party to present evidence concerning the subject of the communication, including discretion to reopen a hearing that hearing having been concluded. (e) Receipt of ex parte communications may be cause for disqualification of the hearing officer. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028, 43031(a) and 44011.6(m), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); Sections 42410, 43023, 43028, 43031(a) and 44011.6, Health and Safety Code; and Sections 11340.1-11340.5, Government Code. s 60075.16. Applicability to Executive Officer. (a) The provision of Subarticle 4 governing ex parte communications to the hearing officer also governs ex parte communications with the executive officer on matters that may come before him or her pursuant to Subarticle 11. Irrespective of the prohibitions of section 60075.13(a), the executive officer may consult with state board personnel who are not involved as an investigator, prosecutor, or advocate in the proceedings or preadjudicative proceedings of the matter before the executive officer, or in a factually related case, and whose job duties include assisting the executive officer in his or her adjudicative responsibilities. (b) Except as otherwise provided in these procedures, while a proceeding is pending, the hearing officer shall have no communication, direct or indirect, with the executive officer on a matter that is under consideration. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028, 43031(a) and 44011.6(m), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); Sections 42410, 43023, 43028, 43031(a) and 44011.6, Health and Safety Code; and Sections 11430.70-11430.80 Government Code. s 60075.17. Filing a Request for Hearing. (a) Upon receiving a citation, the citee may: (1) Initiate proceedings under these rules by filing a written request for hearing to contest a citation issued by the state board; or (2) Pay the penalty demanded in the citation. (b) A citee shall file a request for hearing to contest a citation with the executive officer. (c) For citations arising under section 44011.6 of the Health and Safety Code, the request for hearing shall be filed within 45 days of the citee's receipt of the citation by personal delivery or certified mail. (d) For all other citations issued by the state board, the request for hearing shall be filed within 30 days of the citee's receipt of the citation by personal delivery or certified mail. (e) The executive officer may extend the applicable filing period set forth in subparagraphs (b) and (c) for good cause. (f) If the citee fails to notify the executive officer of his or her intent to contest the citation within the applicable period set forth in subparagraphs (b) and (c), and if the citation penalty amount has not been paid in full, the citation becomes a final order not subject to review by any court or agency. (g) The request for hearing shall be deemed filed on the date the notice indicating a desire to contest the issued citation is delivered or mailed to or, if the date of delivery or mailing is not known, received by the hearing office. No particular format is necessary to institute the proceeding; however, the request shall include all of the information specified in section 60075.18 of these rules. (h) If the communication initiating the proceeding does not include the information required pursuant to section 60075.18, the executive officer shall immediately acknowledge receipt of the communication indicating the desire to request a hearing and shall notify the citee of the deficiencies in the submission which must be corrected before the request for hearing may be filed and docketed. The citee shall have 10 days from the date of mailing of the notice of deficiencies to submit a complete request for hearing; if the deficiencies are not corrected in the time provided the citation becomes final. (i) Upon timely receipt of a complete request for hearing, the executive officer shall notify the citee or its representative that a request for hearing has been deemed complete and shall assign the case and forward copies of all relevant documents, including copies of the citation and request for hearing to: (1) The Administrative Hearing Office of the state board if the citation has been issued pursuant to authority granted under Health and Safety Code sections 43028 and 44011.6. (2) OAH if the citation has been issued pursuant to authority granted under Health and Safety Code sections 42410 and 43023. (j) Upon a showing of good cause, the executive officer or the hearing officer assigned to the case may allow the citee to amend the request for hearing after the deadline for filing has passed. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028, 43031(a) and 44011.6(m), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42410, 43023, 43028, 43031(a) and 44011.6, Health and Safety Code. s 60075.18. Form of Request for Hearing. (a) The request for hearing shall be signed by the citee or its designated representative and contain at least the following information: a reference to the citation being contested, including citation number and date of issuance; date of citee's receipt of the citation by personal delivery or certified mail; correct business address; a statement of the circumstances or arguments which are the basis of the request for hearing; identification of the facts the citee intends to place at issue; if applicable, the name and address of the designated representative; and identification of any other issues relating to the citation to be resolved in the proceeding. (b) A separate request for hearing shall be filed for each citation contested. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028, 43031(a) and 44011.6(m), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42410, 43023, 43028, 43031(a) and 44011.6, Health and Safety Code. s 60075.19. Issues for Hearing. (a) The issues for hearing shall be limited to those raised by the citation and the docketed request for hearing. (b) If a citation is classified as a repeat violation, the validity of the earlier citation established by failure to request a hearing or the entry of a final disposition by the state board shall not be in issue. However, if the citation imposes a penalty pursuant to section 2185(a)(3), the staff of the state board shall be required to demonstrate the existence of the prior citation or citations. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028, 43031(a) and 44011.6(m), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42410, 43023, 43028, 43031(a) and 44011.6, Health and Safety Code. s 60075.20. Stays Pending Filing a Request for Hearing. (a) The requirements to immediately correct deficiencies specified in a citation issued under section 44011.6(b) of the Health and Safety Code and to pay a civil penalty within 45 days of receipt of a citation (title 13, California Code of Regulations, section 2185) shall be stayed on timely receipt of a request for hearing until a final decision or order has been issued pursuant to section 60075.44 of these rules. (b) For all other citations of noncompliance, if a cease and desist order has been issued, the hearing officer shall issue a stay pending issuance of a final decision, unless the hearing officer finds that the adverse effects of a stay on the public health, safety and welfare outweigh the harm to those persons directly affected by the lack of a stay. The hearing officer may conduct a hearing or request such submissions by the parties as necessary to obtain information to make a determination on this issue. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028, 43031(a) and 44011.6(m), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42410, 43023, 43028, 43031(a) and 44011.6, Health and Safety Code. s 60075.21. Response by Citing Party. Within 20 days from the date that the executive officer deems a request for hearing to be filed under section 60075.17(h) and assigns the case to the appropriate hearing office, the citing party may file a response to the issues raised by citee in its request for hearing. The citing party shall file the response with the hearing office assigned to hear the case and shall serve a copy of the response on the citee or its representative. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028, 43031(a) and 44011.6(m), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42410, 43023, 43028, 43031(a) and 44011.6, Health and Safety Code. s 60075.22. Withdrawal of Request for Hearing. (a) The request for hearing may be withdrawn by the citee by written request at any time before a decision is issued or by oral motion on the hearing record. The hearing officer shall grant such withdrawal by order or decision served on the parties. (b) If at the time that the withdrawal request is granted, the time period for filing a request for hearing has passed, the citation shall be deemed a final order not subject to review by the state board or any court. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028, 43031(a) and 44011.6(m), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42410, 43023, 43028, 43031(a) and 44011.6, Health and Safety Code. s 60075.23. Withdrawal of Citation. (a) At anytime before the hearing officer issues a decision on the merits of the citation, the citing party may withdraw the citation by written notice at any time or by oral motion on the hearing record. (b) If a notice of withdrawal is issued prior to the hearing, the citing party shall serve a copy of the notice of withdrawal on each party and on any authorized representatives. (c) The notice of withdrawal or motion to withdraw a citation shall be accepted by the hearing officer and is a final order. A citation that has been withdrawn may not be reinstituted. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028, 43031(a) and 44011.6(m), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42410, 43023, 43028, 43031(a) and 44011.6, Health and Safety Code. s 60075.24. Settlement Agreements and Consent Orders. (a) At any time before a final decision of the hearing officer, the citing party and the citee may settle an action, in whole or in part. (b) The parties may request the assistance of the hearing office in their attempts to settle the matters at issue. Upon receiving such a request, the hearing office may assign a settlement hearing officer, who is not the same hearing officer that has been assigned, to hear the merits of the case, unless the parties specifically request in writing the assignment of the latter hearing officer. For cases assigned to OAH, OAH may assign hearing officers from the state board to assist in settlement discussions. (c) The parties shall memorialize any agreement in writing. (d) The hearing officer assigned to hear the merits of the case, shall thereafter enter a consent order in accordance with the terms of the settlement agreement. Such consent order is not subject to further review by the agency or a court. (e) If the filing of the consent order pursuant to paragraph (d) of this section or the settlement in the petition for review proceeding does not wholly conclude the action, the hearing officer assigned to hear the merits of the case shall promptly inform the parties of the schedule of the remaining proceedings. (f) Unless the parties have otherwise consented to use the hearing officer assigned to hear the merits of the case in settlement discussions, settlement discussions or offers of compromise regarding unresolved issues shall not be discussed with that hearing officer. Settlement discussions or offers of compromise shall also not be made part of the record of the proceedings. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028, 43031(a) and 44011.6(m), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); Sections 42410, 43023, 43028, 43031(a) and 44011.6, Health and Safety Code; and Section 11415.60, Government Code. s 60075.25. Motions for Summary Determination of Issues. (a) Any party may file a motion for summary judgment or summary adjudication of the issues. Such motions shall include supporting legal argument and, where necessary, affidavits showing that there is no genuine issue of material fact for determination regarding the identified issues. A party opposing such a motion shall show by affidavit or other documentation that a genuine issue of material fact as to the issues raised exists. After reviewing the motion and response of the parties, the administrative record, and any arguments of the parties, the hearing officer shall determine whether a genuine issue of material fact as to the issues exists and whether a party is entitled to judgment as to liability as a matter of law. (b) If, upon considering a motion under subparagraph (c), the hearing officer determines that a party is entitled to summary judgment as to liability as a matter of law, the hearing officer shall issue a written order or decision that sets forth necessary findings of fact and conclusions of law regarding all matters that were at issue. If the decision finds liability, the hearing officer shall follow the penalty assessment criteria set forth in section 60075.39. (c) Should it appear from the affidavits of a party opposing the motion that the party cannot for reasons stated present by affidavit facts essential to justify the party's opposition, the hearing officer may deny the motion, or grant a continuance to permit affidavits to be obtained, or to permit discovery as provided under these procedures. (d) The hearing officer shall deny a request for summary determination of liability if he or she finds the administrative record, including any evidence presented by the parties as part of this motion, present a genuine issue of material fact. If the hearing officer denies a request for summary determination, or denies such a request in part, the hearing officer shall promptly issue to each party a written ruling as to the existence of a genuine issue of material fact as to liability and the reasons for the ruling. The matter shall continue to be set for hearing on all issues for which a genuine issue of material fact exists. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028, 43031(a) and 44011.6(m), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42410, 43023, 43028, 43031(a) and 44011.6, Health and Safety Code. s 60075.26. Discovery. (a) Exclusivity of Discovery Provisions. The provisions of this section provide the exclusive right to, and method of, discovery as to any proceeding governed by this chapter. (b) Document Exchange. (1) After initiation of a proceeding, a party, upon written request made to another party is entitled, prior to the hearing, to inspect and make a copy of any document, thing, statement or other writing relevant to the issues for hearing which is in the control of the other party and which is relevant and would be admissible in evidence, including, but not limited to, any statements of parties or witnesses relating to the subject matter of the proceeding, all writings or things which the party then proposes to offer in evidence, and any inspection or investigative reports prepared by or on behalf of any party. (3) The parties shall exchange the requested information at a time mutually agreed to by the parties, or if no agreement has been reached, no later than 30 days after a request has been made. Documents shall be served upon the requesting party pursuant to section 60075.4(b). (4) Unless other arrangements are made, the party making the request shall pay the reasonable costs of copying the requested materials. (5) A party claiming that certain writings or things are privileged against disclosure shall serve on the requesting party a written statement setting forth what matters are claimed to be privileged and the reasons therefore. (c) Identity of Witnesses and Exhibits (1) No later than 10 days before the scheduled hearing date, the parties shall submit to the hearing office and serve upon the other parties: (A) A list of the names, addresses and qualifications of proposed witnesses and a brief summary of the testimony to be presented by each witness; and (B) Each document or other exhibit, the party expects to offer or may offer, if the need arises, into evidence. (2) The hearing officer may prohibit any party from presenting any witness or exhibit that has not been included on that party's witness list or in submitted exhibits as required under paragraph (c)(1) of this section. (d) Depositions. (1) Unless otherwise stipulated to by the parties, depositions shall be limited to the following: (A) A party may petition the hearing office to request that it be allowed to take the testimony of a material witness who is either unable to attend or cannot be compelled to attend a hearing on the merits may be obtained by deposition in the manner prescribed by law for depositions in civil actions; (B) The petition shall set forth the nature of the pending proceeding; the name and address of the witness whose testimony is desired; a showing of the materiality of the testimony; a showing that the witness will be unable or cannot be compelled to attend; and shall request an order requiring the witness to appear and testify before an officer named in the petition for that purpose; (C) The petitioner shall serve notice of the deposition and a copy of the petition on the other parties at least 10 days before the date set for the deposition. (2) Where the witness resides outside of the state and where the hearing officer has ordered the taking of the testimony by deposition, the hearing officer shall obtain an order of court to that effect by filing a petition in the superior court in Sacramento County. The proceedings for such a hearing shall be in accordance with the provisions of Government Code section 11189. (e) Protective Orders: (1) Upon motion by a party or by the person from whom discovery is sought, or by the hearing officer on his or her own motion, the hearing officer may enter a protective order with respect to this material. (2) Prior to granting a protective order, it must be established by the moving party that the information sought to be protected is entitled to be treated as a trade secret or is otherwise confidential. A party or person seeking a protective order shall have the opportunity to be heard on all issues relevant to preserving the record's confidentiality, including, but not limited to, the following: (A) The appropriate scope and terms of any governing protective order; (B) The terms under which the record may be placed in evidence or otherwise used at a hearing; and (C) The disposition of the record and any copies thereof after all relevant administrative and judicial proceedings have concluded. (3) A party or person seeking a protective order may be permitted to make all or part of the required showing in a meeting closed to the public. The hearing officer shall have discretion to limit attendance at any closed meeting to the hearing officer and the person or party seeking the protective order. (4) If granted, the protective order may order that the trade secret information not be disclosed or that it be disclosed only to specified persons, or in a specified way. Disclosure may be limited to counsel for the parties who shall not disclose such information to the parties themselves. Disclosure to specified persons shall be conditioned on execution of sworn statements that no disclosure of the information will be made to persons not entitled to receive it under the terms of the protective order. (5) The protective order shall contain terms governing the treatment of the information which are appropriate under the circumstances to prevent disclosure outside the hearing; the order may require that the material be kept under seal and filed separately from other evidence and exhibits in the hearing. (6) Any party subject to the terms and conditions of any protective order, desiring to make use of any documents or testimony covered by the protective order, shall file a motion to the hearing officer and set forth justification for the request. The motion shall be granted upon a demonstration of good cause that the information is relevant and has significant probative value on a disputed issue of material fact in issue. In granting the motion, the hearing officer shall enter an order protecting the rights of the affected persons and parties, who have claimed that the information is confidential, by preventing any unnecessary disclosure of the information. The hearing officer may require that the information be presented in a closed meeting, with attendance limited, as necessary and practicable, to specified representatives of the parties. (7) The hearing office shall make a record of all closed meetings that are ordered under this section. The record shall be sealed and made available, upon appropriate order, to the executive officer, on reconsideration, or to the court on review. (8) If the hearing officer denies a motion for protective order or grants a protective order only in part, the order shall not become effective until 10 days after the date the order is served. In the interim, a party to the proceeding or third-party holder of the asserted confidential information adversely affected by the order may seek appropriate interlocutory relief in a court of competent jurisdiction. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028, 43031(a) and 44011.6(m), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); Sections 42410, 43023, 43028, 43031(a) and 44011.6, Health and Safety Code; and Sections 11185, 11191 and 11511, Government Code. s 60075.27. Proceeding to Compel Discovery. (a) Any party claiming that its request for discovery pursuant to this section has not been complied with or that the opposing party has failed to comply with a stipulated agreement to provide discovery may serve and file with the hearing officer a motion to compel the party who has refused or failed to produce the requested or stipulated discovery to comply. The motion shall state facts showing the party has failed or refused to comply with a discovery request or stipulation, a description of the matters sought to be discovered, the reason or reasons why the matter is discoverable, that a reasonable and good faith attempt to contact the noncomplying party for an informal resolution of the issue has been made, and the grounds of the noncomplying party's refusal so far as known to the moving party. (b) The motion shall be filed within 15 days after the date the requested materials were to be made available for inspection and copying or the date a deposition was scheduled to take place and served upon the party who has failed or refused to provide discovery. (c) The hearing on the motion to compel discovery shall be held within 15 days after the motion is filed, or a later time that the hearing officer may on his or her own motion for good cause determine. The party who has refused or failed to provide discovery shall have the right to serve and file a written answer or other response which shall be due at the hearing office and personally served on all parties at least three days prior to the date set for hearing. (d) Where the matter sought to be discovered is under the custody or control of the party who has refused or failed to provide discovery and that party asserts that the matter is not a discoverable matter under this section, or is privileged against disclosure, the hearing officer may order that the party in custody lodge with the hearing office the matters identified in subdivision (b) of section 915 of the Evidence Code and the hearing officer shall examine the matters in accordance with those provisions. (e) The hearing officer shall decide the case on the matters examined in a closed meeting, the papers filed by the parties, and such oral argument and additional evidence as the hearing officer may allow. (f) Unless otherwise stipulated by the parties, the hearing officer shall no later than 15 days after the hearing make its order denying or granting the motion. The order shall be in writing setting forth the matters the moving party is entitled to discover. The hearing office shall serve a copy of the order by mail upon the parties. Where the order grants the motion in whole or in part, the order shall not become effective until 10 days after the date the order is served. Where the order denies relief to the moving party, the order shall be effective on the date it is served. (g) If after receipt of an order directing compliance with the provisions of these rules regarding discovery, a party fails, without good cause, to comply with the order, the hearing officer may draw adverse inferences against that party and may prevent that party from introducing any evidence that had been requested and not produced during discovery into the administrative record. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028, 43031(a) and 44011.6(m), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); Sections 42410, 43023, 43028, 43031(a) and 44011.6, Health and Safety Code; and Sections 11186-11188 and 11507.7, Government Code. s 60075.28. Subpoena and Subpoena Duces Tecum. (a) Subpoenas and subpoenas duces tecum may be issued for attendance at a hearing and for production of documents at any reasonable time and place or at a hearing. (b) At the request of a party, subpoenas and subpoenas duces tecum shall be issued by the hearing officer assigned to a proceeding; or the general counsel or executive officer of the citing party; or, if represented by an attorney, the attorney of record for a party in accordance with sections 1985-1985.4 of the California Code of Civil Procedure. (c) The custodian of documents that are the subject of a subpoena duces tecum may satisfy the subpoena by delivery of the documents or a copy of the documents, or by making the documents available for inspection or copying, together with an affidavit in compliance with section 1561 of the Evidence Code. (d) The process extends to all parts of the state and shall be served in accordance with sections 1987 and 1988 of the California Code of Civil Procedure. A subpoena or subpoena duces tecum may also be delivered by certified mail return receipt requested or by messenger. Service by messenger shall be effected when the witness acknowledges receipt of the subpoena to the sender, by telephone, by mail, or in person, and identifies himself or herself either by reference to date of birth and driver's license number or Department of Motor Vehicles identification number, or the sender may verify receipt of the subpoena by obtaining other identifying information from the recipient. The sender shall make a written notation of the acknowledgment. A subpoena issued and acknowledged pursuant to this section has the same force and effect as a subpoena personally served. Failure to comply with a subpoena issued and acknowledged pursuant to this section may be punished as a contempt and the subpoena may so state. A party requesting a continuance based upon the failure of a witness to appear at the time and place required for the appearance or testimony pursuant to a subpoena, shall prove that the party has complied with this section. The continuance shall only be granted for a period of time that would allow personal service of the subpoena and in no event longer than that allowed by law. (e) No witness is obliged to attend unless the witness is a resident of the state at the time of service. (f) Upon timely motion of a party or witness, or upon his or her own motion, after notice to the parties and an opportunity to be heard and upon a showing of good cause, the hearing officer may order the quashing of a subpoena or subpoena duces tecum entirely, may modify it, or may direct compliance with it upon other terms or conditions. In addition, the hearing officer may make any other order as may be appropriate to protect a party or witness from unreasonable or oppressive demands. (g) The state board may quash a subpoena or a subpoena duces tecum that it has issued on its own motion. (h)(1) In the case of the production of a party to the record of a proceeding or of a person for whose benefit a proceeding is prosecuted or defended, the service of a subpoena on the witness is not required if written notice requesting the witness to attend, with the time and place of the hearing, is served on the representative of the party or person. (2) Service of written notice to attend under this section shall be made in the manner and is subject to the conditions provided in section 1987 of the California Code of Civil Procedure for service of written notice to attend in a civil action or proceeding. (i) A witness other than an employee of the state or a political subdivision thereof appearing pursuant to a subpoena or a subpoena duces tecum, other than a party, shall receive the same mileage, and appearance fees allowed by law; such fees are to be paid by the party at whose request the witness is subpoenaed. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028, 43031(a) and 44011.6(m), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); Sections 42410, 43023, 43028, 43031(a) and 44011.6, Health and Safety Code; Sections 11186-11188, 11450.05-11450.30, Government Code; Section 1561, Evidence Code, and Sections 1985-1985.4, 1987 and 1988, California Code of Civil Procedure. s 60075.29. Contempt. (a) If any person in proceedings before the hearing officer disobeys or resists any lawful order or refuses to respond to a subpoena, subpoena duces tecum, or refuses to take the oath or affirmation as a witness or thereafter refuses to be examined, or is guilty of misconduct during a hearing or in its immediate vicinity as to obstruct the proceedings, the hearing officer may certify the facts to the Superior Court in and for the county where the proceedings are held for contempt proceedings pursuant to Government Code sections 11455.20, and 11186 through 11188. (b) Notwithstanding the above, the hearing officer may order a party, a party's representative or both, to pay reasonable expenses, including authorized representation fees, incurred by another party as a result of bad faith actions or tactics that are frivolous or solely intended to cause unnecessary delay. (1) "Actions or tactics" include, but are not limited to, the making or opposing of motions; the failure to comply with a discovery request or subpoena; or the failure to comply with a lawful order of the hearing officer. (2) "Frivolous" means: (A) Totally and completely without merit, or (B) For the sole purpose of harassing an opposing party. (c) An order for sanctions may be oral, on the record, or in writing and shall set forth the factual findings which are the basis for the imposition of sanctions. (1) In determining reasonable expenses, the party or parties to whom payment is to be made shall, at the hearing officer's discretion, either make a statement on the record under oath or submit a written declaration under penalty of perjury setting forth with specificity the expenses incurred as a result of the other party's conduct. (2) Within 5 days of the receipt of the hearing officer's order for the payment of expenses, a party or representative may, on grounds of hardship, request reconsideration from the hearing officer issuing the order. The request for reconsideration shall be filed in writing, and include a declaration under penalty of perjury. (d) The order or denial of an order to pay expenses under paragraph (b) is subject of procedural review in the same manner as a final decision pursuant to Subarticle 12. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028, 43031(a) and 44011.6(m), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); Sections 42410, 43023, 43028, 43031(a) and 44011.6, Health and Safety Code; and Section 11525, Government Code. s 60075.30. Time and Place of Hearing. (a) Within 30 days of the executive officer deeming the request for hearing complete and assigning the case to the appropriate hearing office, the hearing office shall schedule the hearing date. A matter shall be scheduled to be heard as soon as practicable, but no later than 90 days after assignment of the case to the hearing office. (b) The hearing office shall deliver or mail a notice of hearing to all parties at least 30 days prior to the hearing. The notice shall be in the form specified in section 11509 of the Government Code. (c) The hearing officer may, on his or her own motion or upon request of any party accompanied by a showing of good cause, grant such delays or continue a hearing to another time or place as may be necessary or desirable in the interest of fairly resolving the case. (1) A party shall apply to the hearing officer for a continuance not less than 5 days prior to the scheduled hearing. (2) When a continuance is ordered during a hearing, the hearing officer shall give written notice of the time and place of the continued hearing. (d) The hearing office shall set the place of hearing at a location as near as practicable to the place where the citee resides or maintains a place of business in California. If the citee does not reside or maintain a place of business in California, the hearing shall be in Sacramento. The hearing office may establish hearing locations anywhere in the state; at a minimum one hearing location shall be established in Sacramento and one in the Los Angeles area. (e) Upon the motion of any party and a showing of good cause, or upon the motion of the hearing officer, and in the absence of an objection from any party, the hearing officer may exercise discretion to conduct all or part of a hearing by telephone or other electronic means. (1) In granting such a motion, the hearing officer must be assured that each participant in the hearing has an opportunity to participate in and to hear the entire proceeding while it is taking place and to observe all exhibits fully. (2) The hearing officer may direct the party who has requested the alternative method to make the necessary arrangements and be responsible for any associated costs. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028, 43031(a) and 44011.6(m), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); Sections 42410, 43023, 43028, 43031(a) and 44011.6, Health and Safety Code; and Sections 11509 and 11440.30, Government Code. s 60075.31. Consolidation and Separation of Cases. (a) The hearing officer may consolidate for hearing and decision any number of proceedings involving the same citee. (b) Upon motion of a party or upon his or her own motion, the hearing officer may consolidate for hearing and decision any number of proceedings involving common issues of law or fact where consolidation would expedite and simplify consideration of the issues and would not adversely affect the rights of parties engaged in otherwise separate proceedings. (c) Upon the motion of a party or upon the hearing officer's own motion, the hearing officer may, in furtherance of convenience or to avoid prejudice or when separate hearings will be conducive to expedition and economy, order a separate hearing of any issue, including an issue raised in the notice of defense, or of any number of issues. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028, 43031(a) and 44011.6(m), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42410, 43023, 43028, 43031(a) and 44011.6, Health and Safety Code. s 60075.32. Failure to Appear. (a) If after service of a notice of hearing, including notice of consolidated hearing or continuance, a party fails to appear at a hearing either in person or by representative, the hearing officer may take the proceeding off calendar, or may, at the request of a party or on his or her own motion, issue a default order in accordance with section 60075.38 of these rules. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028, 43031(a) and 44011.6(m), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42410, 43023, 43028, 43031(a) and 44011.6, Health and Safety Code. s 60075.33. Conduct of Hearing. (a) The hearing shall be presided over by a hearing officer and shall be conducted in the English language. (b) The hearing officer shall conduct a fair and impartial hearing in which each party has a reasonable opportunity to be heard and to present evidence. (c) Each party to the proceeding shall have these rights: To call and examine witnesses; to introduce exhibits; to question opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examinations; to impeach any witness regardless of which party first called the witness to testify; and to rebut the opposing evidence against him. If a party does not testify on his or her behalf, the party may be called and examined as if under cross-examination. (d) The citing party shall present the citation and the evidence supporting its issuance, and any other material that is pertinent to the issue to be determined by the hearing officer. The citee has the right to examine, respond to, or rebut the citation and any proffered evidence and material. The citee may offer any documents, testimony, or other exculpatory evidence which bears on appropriate issues, or may be relevant to the penalty amount. (e) At the close of citee's presentation of evidence, the parties respectively have the right to introduce rebuttal evidence that is necessary to resolve disputed issues of material fact, subject to any limits imposed by the hearing officer pursuant to subparagraph (f)(1) below. (f) The taking of evidence in a hearing shall be controlled by the hearing officer in the manner best suited to ascertain the facts and safeguard the rights of the parties. Prior to taking evidence, the hearing officer shall define the issues and the order in which evidence will be received. (g) The hearing officer may: (1) Limit the number of witnesses and the scope and extent of any direct examination, cross-examination, or rebuttal testimony, as necessary, to protect the interests of justice and conduct a reasonably expeditious hearing; (2) Require the authentication of any written exhibit or statement; and (3) Call and examine a party or witness and may, on his or her own motion, admit any relevant and material evidence. (4) Exclude persons whose conduct impedes the orderly conduct of the hearing; (5) Restrict attendance because of the physical limitations of the hearing facility; or (6) Take other action to promote due process or the orderly conduct of the hearing. (h) The taking of evidence in a hearing shall be controlled by the hearing officer in the manner best suited to ascertain the facts and safeguard the rights of the parties. Prior to taking evidence, the hearing officer shall define the issues and the order in which evidence will be received. (i) Hearings shall be recorded electronically. The recording made by the Administrative Hearing Office shall be the official recording of the hearing. (1) The hearing office will not normally prepare a verbatim transcript of the official recording, but the hearing officer may order one if deemed necessary to permit a full and fair review and resolution of the case. If not so ordered, a party may, at its own expense, request that a verbatim transcript be made. The party making the request shall provide one (1) copy to the hearing office and one (1) copy to the other party. (2) The official recording of the hearing and transcript of the recording, together with all written submissions made by the parties, shall become part of the administrative record for the proceeding. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028, 43031(a) and 44011.6(m), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42410, 43023, 43028, 43031(a) and 44011.6, Health and Safety Code. s 60075.34. Evidence. (a) Testimony shall be taken only on oath or affirmation. (b) The hearing need not be conducted according to technical rules relating to evidence and witnesses. The hearing officer shall admit evidence which is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions, and which is not irrelevant, immaterial, unduly repetitious, or otherwise unreliable or of little probative value. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The application of these rules shall not affect the substantial rights of the parties as provided in the Evidence Code. (c) The rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized at the hearing. (d) Consistent with the provisions of section 60075.26(e), trade secret and other confidential information may be introduced into evidence. The hearing officer shall take all precautions to preserve the confidentiality of such information, and may make such orders as may be necessary to consider such evidence in a closed meeting, including the use of a supplemental decision or order to address matters which arise out of that portion of the evidence which is confidential. (e) The hearing officer has discretion to exclude evidence if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time or unduly prejudices the other party. (f) In reaching a decision, official notice may be taken, either before or after submission of the proceeding for decision, of any generally accepted technical or scientific matter within the state board's area of expertise, and determinations, rulings, orders, findings and decisions, required by law to be made by the state board or the hearing officer. (1) The hearing officer shall take official notice of those matters set forth in section 451 of the Evidence Code. (2) The hearing officer may take official notice of those matters set forth in section 452 of the Evidence Code. (3) Each party shall give notice of a request to take official notice and be given reasonable opportunity on request to present information relevant to: (A) The propriety of taking official notice, and (B) The effect of the matter to be noticed. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028, 43031(a) and 44011.6(m), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); Sections 42410, 43023, 43028, 43031(a) and 44011.6, Health and Safety Code; and Sections 451 and 452, Evidence Code s 60075.35. Evidence by Affidavit or Declaration. (a) At any time 20 or more days prior to a hearing or a continued hearing, a party may mail or deliver to the opposing party or parties a copy of any affidavit or declaration which the proponent proposes to introduce in evidence, together with a notice as provided in subdivision (b). Unless an opposing party, within 7 days after such mailing or delivery, mails or delivers to the proponent a request to cross-examine the affiant or declarant the opposing party's right to cross-examine such affiant or declarant is waived and the affidavit or declaration, if introduced in evidence, shall be given the same effect as if the affiant or declarant had testified orally. If an opportunity to cross-examine an affiant or declarant is not afforded after request therefore is made as herein provided, the hearing officer may allow the affidavit or declaration to be introduced into evidence, but if so allowed, it shall only be given the same effect as other hearsay evidence. (b) The notice referred to in subdivision (a) shall be a separate document concurrently served with the affidavit or declaration, entitled "Notice of Intent to Use Declaration or Affidavit in Lieu of Oral Testimony." The title shall be in bold print. The content of the notice shall be substantially in the following form: "The accompanying affidavit or declaration of [insert name of affiant or declarant] will be introduced as evidence at the hearing in [insert title and docket number or petition number of proceeding]. [Insert name] will not be called to testify orally and you will not be entitled to question the affiant or declarant unless you notify [insert name of the proponent, representative, agent or attorney] at [insert address] that you wish to cross-examine the affiant or declarant. To be effective, your request must be mailed or delivered to [insert name of proponent, representative, agent or attorney] on or before [insert a date 7 days after the date of mailing or delivery of the affidavit or declaration to the opposing party]." Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028, 43031(a) and 44011.6(m), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42410, 43023, 43028, 43031(a) and 44011.6, Health and Safety Code. s 60075.36. Exclusion of Witnesses. (a) Upon motion of a party, the hearing officer may exclude from the hearing room any witnesses, other than the parties themselves or their representatives, not at the time under examination. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028, 43031(a) and 44011.6(m), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42410, 43023, 43028, 43031(a) and 44011.6, Health and Safety Code. s 60075.37. Oral Argument and Briefs. (a) Prior to the close of the hearing, the hearing officer may, on his or her own motion or upon motion of a party, grant oral argument. (b) Motions to submit written argument shall be made prior to the close of the hearing and shall be granted at the discretion of the hearing officer upon a determination that written argument will be productive and will not unreasonably delay the disposition of the proceeding. If granted, a party shall file written argument within 15 working days from the date of the hearing. Opposing parties may file an answer within 10 working days from service of the argument. The hearing officer may extend or reduce the above filing dates for submission of written argument for good cause. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028, 43031(a) and 44011.6(m), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42410, 43023, 43028, 43031(a) and 44011.6, Health and Safety Code. s 60075.38. Default Order. (a) A party to a case that has been assigned for hearing pursuant to section 60075.17(i) may be found to be in default upon failure to appear at a scheduled hearing without good cause. (1) No finding of default shall be made against the citee unless the staff of the state board presents sufficient evidence to establish a prima facie showing that the citation was properly issued and the penalty appropriate. (2) Default by the citing party shall result in dismissal of the citation with prejudice. (b) If a default against a citee occurs, the state board, within 10 days, shall present written evidence supported by affidavits or declarations, substantiating the proposed penalty set forth in the complaint. (c) If the hearing officer determines that a default has occurred, he or she shall issue a default order against the defaulting party. This order shall constitute a decision or order after hearing for purposes of section 60075.40 of these rules. (d) Any proceeding may be reinstated by the hearing officer upon a showing of good cause that contains sufficient facts to show or establish a reasonable basis for the failure to appear at the hearing. The defaulting party shall make the request for reinstatement within 10 days of service of the default order pursuant to section 60075.38(d) of these rules. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028, 43031(a) and 44011.6(m), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42410, 43023, 43028, 43031(a) and 44011.6, Health and Safety Code. s 60075.39. Penalty Assessment Criteria. (a) For citations issued under Health and Safety Code section 44011.6 and the regulation adopted pursuant thereto, title 13, California Code of Regulations, sections 2180, et seq., the hearing officer shall follow the penalty schedule outlined in title 13, CCR, section 2185. (b) In determining penalties for citations issued under Health and Safety Code sections 43023 and 43028, the hearing officer shall consider all relevant circumstances, including, but not limited to: (1) The penalties or range of penalties set forth in the underlying rules or regulations that have been violated; (2) The extent of harm caused by the violation to public health and safety and to the environment; (3) The nature and persistence of the violation, including the magnitude of the excess emissions; (4) The compliance history of the citee, including the frequency of past violations; (5) The preventive efforts taken by citee, including the record of maintenance and any program to ensure compliance; (6) The innovative nature and the magnitude of the effort required to comply, and the accuracy, reproducibility, and repeatability of the available test methods; (7) The efforts to attain, or provide for, compliance; (8) The cooperation of the citee during the course of the investigation and any action taken by the defendant, including the nature, extent, and time of response of any action taken to mitigate the violation; and (9) For the person who owns a single retail service station, the size of the business. (c) In determining penalties for citations issued under Health and Safety Code section 42410, the hearing officer shall consider all relevant circumstances, including, but not limited to: (1) The penalties or range of penalties set forth in the underlying rules or regulations that have been violated; (2) The extent of harm caused by the violation; (3) The nature and persistence of the violation; (4) The length of time over which the violation occurs; (5) The frequency of past violations; (6) The record of maintenance; (7) The unproven or innovative nature of the control equipment; (8) Any action taken by the respondent, including the nature, extent, and time or response of the cleanup and construction undertaken, to mitigate the violation; and (9) The financial burden to the respondent. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028, 43031(a) and 44011.6(m), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42403, 42410, 43023, 43028, 43031(a) and 44011.6, Health and Safety Code. s 60075.40. Decision or Order After Hearing; Correction of Mistakes or Errors; Effective Date of Decision. (a) Unless otherwise ordered, all proceedings shall be submitted at the close of the hearing. The hearing officer may extend the submission date and shall, within 30 days after the proceeding is submitted, make findings upon all facts relevant to the issues for hearing, and file an order or decision with the reasons or grounds upon which the order or decision was made. (b) The order or decision shall be in writing, signed and dated by the hearing officer deciding the proceeding. (c) The order or decision may, based on the findings of fact, affirm, modify or vacate the citation or penalty, or direct other relief as appropriate. (d) A copy of the order or decision shall be served on each party or representative together with a statement informing the parties of their right to request that the executive officer reconsider the order or decision pursuant to sections 60075.43, et seq. of these rules. (e)(1) Within five days of the filing of any order or decision, the hearing officer may, at the request of any party or on his or her own motion, on the basis of mistake of law or fact, issue a modified order or decision correcting a mistake or error with respect to any matters determined or covered by the previously issued order or decision. If necessary, the hearing officer may schedule further proceedings to address the issue(s). (2) If a request has been filed under this subparagraph, the request shall be deemed denied if the hearing officer has taken no action to address the request within 15 days of filing of the request. (3) The hearing office shall serve a copy of the modified order or decision on each party that had previously been served with the original order or decision. The modified order or decision shall supersede the previously served order or decision, and the date of service of the modified order or decision shall be the effective date of the decision and order for purposes of sections 60075.41 and 60075.44. (f) The hearing officer shall certify the administrative record and shall make available copies of the administrative record and any issued orders or decisions to the executive officer. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028, 43031(a) and 44011.6(m), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42410, 43023, 43028, 43031(a) and 44011.6, Health and Safety Code. s 60075.41. Reconsideration; On Motion of Executive Officer or by Request of Party. (a) At any time within 20 days of the filing of an order or decision of the hearing officer, pursuant to section 60075.40 of these rules, the executive officer may, on his or her own motion, determine that reconsideration is appropriate with respect to any matters determined or covered by the order or decision of the hearing officer. The executive officer shall notify the parties and the hearing office of his or her determination. (b) A party aggrieved by an order or decision of the hearing officer, pursuant to section 60075.40 of these rules may, within 20 days of service of such order or decision, request that the executive officer reconsider any matters determined or covered by the order or decision. The request for reconsideration shall be filed with the executive officer and shall be served on all parties in accordance with section 60075.4 of these rules, except that the original of the request shall be filed with the executive officer, and the hearing office shall receive a copy. The request shall be deemed filed the date it is delivered or mailed to the executive officer. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028, 43031(a) and 44011.6(m), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42410, 43023, 43028 and 44011.6, Health and Safety Code. s 60075.42. Reconsideration; Procedural Requirements. (a) The request for reconsideration shall be signed by the party filing the request or its representative and verified upon oath. The request may only request reconsideration of issues that were raised before the hearing officer and may only be based upon one or more of the following grounds: (1) In issuing the order or decision the hearing officer acted without or in excess of his or her powers; (2) The order or decision was procured by fraud; (3) The evidence received by the hearing officer does not justify the findings of fact; (4) The petitioner has discovered new material evidence which the petitioner could not, with reasonable diligence, have discovered and produced at the hearing; (5) The findings of fact do not support the order or decision; and (6) The order or decision is contrary to applicable law. (b)(1) Any request for reconsideration shall set forth specifically and in full detail the grounds upon which the party making the request considers the order or decision to be unjust or unlawful and every issue to be considered by the executive officer on reconsideration. The party making the request shall be deemed to have waived all objections, irregularities, and illegalities concerning the proceeding upon which reconsideration is sought other than those specifically set forth in the petition for reconsideration. (2) The petition for reconsideration will be denied if it contains no more than allegations of the statutory or constitutional grounds for reconsideration, unsupported by specific references to the record and principles of law involved. (c) When a request for reconsideration or answer thereto has been timely filed, the filing of supplemental requests or answers in response may be granted at the discretion of the executive officer. Parties requesting a copy of the hearing record shall bear the cost of reproduction. (d) The request for reconsideration may include, and the executive officer may grant, a request that the decision of the hearing officer be stayed pending resolution of the petition for reconsideration. (e) Within 10 days of being served with notice of a request for reconsideration, a party opposed to the request may file an opposition to the request with the executive officer or the state board secretary, as applicable. The opposition shall be signed and verified under oath by the party or its representative and shall not exceed 6 pages. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028, 43031(a) and 44011.6(m), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42410, 43023, 43028, 43031(a) and 44011.6, Health and Safety Code. s 60075.43. Reconsideration; Orders and Decisions by the Executive Officer. (a) Unless the executive officer expressly finds otherwise, a request for reconsideration shall be deemed summarily denied if the executive officer does not issue a finding that reconsideration is warranted within 20 days of filing of the request. For those matters deemed summarily denied, the order or decision of the hearing officer issued pursuant to section 60075.40 shall be considered final pursuant to section 60075.44. (b) If the request for reconsideration has not been summarily denied pursuant to subparagraph (a) above in reconsidering the decision or order of the hearing officer, the executive officer may: (1) Review some, but not all, issues raised by the request; (2) Grant an order to stay, suspend, or postpone, the order or decision of the hearing officer, findings, or decision after reconsideration; (3) Affirm, rescind, or amend the findings, order or decision of the hearing officer; or (4) Direct the reopening of the hearing for the taking of additional evidence and issuance of supplementary findings of fact. The executive officer may direct that the taking of such evidence be done by either written submission or further testimony under oath before the executive officer or a hearing officer. The hearing shall be reopened for the limited purposes identified by the executive officer in his order. Notice of the time and place of further hearings shall be given to all parties and to such other persons as the hearing officer may direct. (c) For those decisions and orders of the hearing officer for which reconsideration is undertaken, the executive officer shall issue his or her final disposition of the request as expeditiously as possible. A decision or order that is the final disposition of the request for reconsideration shall be in writing and any modifications to the order or decision of the hearing officer shall be supported with additional findings, facts and conclusions of law. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028, 43031(a) and 44011.6(m), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42410, 43023, 43028, 43031(a) and 44011.6, Health and Safety Code. s 60075.44. Final Order or Decision; Effective Date. (a) Pursuant to sections 60075.17 and 60075.22(b), if a citee fails to request a hearing to contest the issuance of a citation within the time period provided, the citation becomes a final order and the stated penalty due and payable. (b) If no request for reconsideration of the order or decision of the hearing officer has been filed within 20 days of the service of an order or decision under section 60075.41(b) of these rules, and if the executive officer, on his or her own motion, has not issued a finding that reconsideration is appropriate under section 60075.41(a), the order or decision of the hearing officer shall become final. The effective date of the final decision or order shall be 30 days after the date the order or decision of the hearing officer was served by mail on the parties. (c) If a party has filed a request for reconsideration and it has been deemed summarily denied pursuant to section 60075.43(a), because the executive officer has not acted upon the request within the time provided, the order or decision of the hearing officer shall become final. The effective date of the hearing officer order or decision becoming final shall be 20 days from the date that the request for reconsideration was filed. (d) If the executive officer issues a finding that reconsideration is warranted, the order or decision of the executive officer providing full disposition of the request for reconsideration pursuant to section 60075.44(b) shall be the final order or decision and shall become effective on the date that it is served by mail on the parties. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028, 43031(a) and 44011.6(m), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42410, 43023, 43028, 43031(a) and 44011.6, Health and Safety Code. s 60075.45. Judicial Review. (a) Except for orders that have become final because a citee has failed to request a hearing to contest a citation (see sections 60075.17, 60075.22(b) and 60075.44(a)), a party may seek judicial review of a final order or decision by administrative mandamus pursuant to section 1094.5 of the Code of Civil Procedure. The right to petition shall not be affected by the failure to seek reconsideration before the agency. (1) For citations arising under section 44011.6 of the Health and Safety Code, the citee may file for judicial review within 60 days from the date the order or decision becomes final under section 60075.44. (2) For all citations issued under sections 42410, 43023, and 43028 of the Health and Safety Code, the respondent may file for judicial review within 30 days from the date the order or decision becomes final under section 60075.44. (b) The state board may seek to enforce a final order in accordance with applicable law or decision in Superior Court. Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028, 43031(a) and 44011.6(m), Health and Safety Code. Reference:Mathews v. Eldridge, 424 U.S. 319 (1976); Sections 42410, 43023, 43028, 43031(a) and 44011.6, Health and Safety Code; and Section 1094.5, Code of Civil Procedure. s 60075.46. Final Order of Decision After Reconsideration. Note: Authority cited: Sections 39600, 39601 and 44011.6(i), Health and Safety Code. Reference: Section 44011.6, Health and Safety Code. s 60075.47. Judicial Review. Note: Authority cited: Sections 39600, 39601 and 44011.6(i), Health and Safety Code. Reference: Section 44011.6, Health and Safety Code; Section 1094.5, Code of Civil Procedure. s 60090. Purpose. The purpose of this regulation is to implement the provisions of Chapter 3 of Part 1 of Division 26 of the California Health and Safety Code (commencing with section 39150) which define a "minor violation" and establish guidelines for issuing a Notice to Comply. Note: Authority cited: Sections 39600, 39601 and 39150(c), Health and Safety Code. Reference: Sections 39150-39153, Health and Safety Code. s 60091. Definitions. For the purposes of sections 60090 through 60094, the following definitions shall apply: (a) "Chronic violation" means a violation where there is evidence indicating a pattern of neglect or disregard in complying with air pollution control requirements. A pattern of neglect or disregard can be established by more than one reasonably contemporaneous violation of the same or similar nature at the same facility or by the same operator. (b) "Executive Officer" means the Executive Officer of the California Air Resources Board or his or her delegate pursuant to section 39516 of the Health and Safety Code. (c) "Information" means data, records, photographs, analyses, plans, or specifications which will disclose the nature, extent, quantity, or degree of air contaminants which are, or may be, discharged by a source. (d) "Minor Violation" means: (1) The failure of a person to comply with any requirement or condition of any applicable rule, regulation, information request, order, variance, or other requirement, whether procedural or substantive, adopted by the Air Resources Board pursuant to Division 26 of the Health and Safety Code, sections 43830 et seq., 41962, and 41712, where the noncompliance meets all of the following criteria: (A) does not result in or contribute to, or have the effect of covering or concealing, an increase in emissions of any air contaminant by more than a de minimis amount; and, (B) does not endanger the health, safety, or welfare of any person(s); and (C) does not endanger the environment; and (D) does not cause an increase in emissions of any toxic air contaminant in excess of any emission standard, limitation, or other state or federal requirement that is applicable to that toxic air contaminant; and (E) does not cause or contribute to the violation of any state or national ambient air quality standard; and (F) does not hinder the ability of the Executive Officer to determine compliance with any other applicable local, state or federal rule, regulation, information request, order, variance, permit, or other requirement. (2) Notwithstanding the above, no violation shall be considered a minor violation if: (A) the violation is knowing, willful, or intentional; or (B) the violation enables the violator to benefit economically from noncompliance, either by realizing reduced costs or by gaining a competitive advantage; or (C) the violation is chronic; or (D) the violation is committed by a recalcitrant violator. (e) "Notice to Comply" means a written method of alleging a minor violation that: (1) is written in the course of conducting an inspection by the Executive Officer. (2) is presented to a person who is owner, operator, employee, or representative of the facility being inspected at the time the Notice to Comply is issued. (3) clearly states the following: (A) the nature of the alleged minor violation; and (B) a means by which compliance with the requirement cited may be achieved; and (C) a time limit, not to exceed thirty (30) days, by which date compliance must be achieved; and (D) that the inspected facility may be subject to reinspection at any time. (f) "Procedural Requirement" means a requirement of a rule or regulation that establishes a manner, method, or course of action but does not specify, limit, or otherwise address direct air contaminant emissions. (g) "Recalcitrant violator" means a person who, based upon the evidence, has engaged in a pattern of neglect or disregard with respect to the violation of applicable rules, regulations, information requests, orders, permits, or other requirements. Note: Authority cited: Sections 39600, 39601 and 39150(c), Health and Safety Code. Reference: Sections 39150-39153, Health and Safety Code. s 60092. Applicability. Any person who is an owner, operator, employee, or representative of a facility subject to rules, regulations, or other requirements adopted pursuant to Division 26 of the Health and Safety Code, sections 43830 et seq., 41962, and 41712 and commits a minor violation shall be subject to this regulation. Note: Authority cited: Sections 39600, 39601 and 39150(c), Health and Safety Code. Reference: Sections 39150-39153, Health and Safety Code. s 60093. Requirements. For the purposes of sections 60090 through 60094 the following requirements shall apply to the issuance of, and response to, a Notice to Comply for a minor violation: (a) Except as otherwise provided in this regulation, a Notice to Comply shall be the only means by which the Executive Officer shall cite a minor violation. (b) A person who receives a Notice to Comply pursuant to this paragraph shall have the period specified from the date of the receipt of the Notice to Comply in which to achieve compliance. Within five (5) working days of achieving compliance, the person who received the Notice to Comply shall sign the Notice to Comply, stating that the person has complied with the Notice to Comply, and return it to the Executive Officer. A false statement that compliance has been achieved is a violation of this rule. (1) If testing is required to determine compliance, and the testing cannot be conducted during the course of the inspection, the Executive Officer shall have a reasonable period of time to conduct the required testing. (2) If, after the test results are available, the Executive Officer determines that the issuance of a Notice to Comply is warranted, the facility owner or operator shall be immediately notified in writing. If, after the test results are available, the Executive Officer determines that the issuance of a Notice of Violation is warranted, the facility owner or operator shall be notified in writing. (c) If testing is not required, or if test results are received in a sufficiently timely manner, a single Notice to Comply shall be issued for all minor violations cited during the same inspection. The Notice to Comply shall separately list each cited minor violation and the manner in which it may be corrected. (d) A Notice to Comply shall not be issued for any minor violation that is corrected immediately in the presence of the Executive Officer. Immediate compliance may be noted in the inspection report, but the person shall not be subject to any further enforcement action due to the corrected minor violation. Corrected minor violations may be used as evidence to show a pattern of neglect or disregard by a recalcitrant violator. (e) The Executive Officer may require a person subject to a Notice to Comply to submit reasonable and necessary information to support a claim of compliance. (f) Nothing in this regulation shall be construed as preventing the reinspection of a facility to ensure that the minor violation(s) cited in a Notice to Comply has been corrected. (g) Notwithstanding any other provision of this regulation, if a person fails to comply with a Notice to Comply within the prescribed period, or if the Executive Officer determines that the circumstances surrounding a particular minor violation are such that immediate enforcement is warranted to prevent harm to any person(s) or to the environment, the Executive Officer may take any enforcement action authorized by law. (h) Notwithstanding any other provision of this regulation, if the Executive Officer determines that the circumstances surrounding an otherwise minor violation are such that the assessment of a civil penalty is warranted or required by federal law, the Executive Officer shall make written findings that set forth the basis for this determination prior to, or concurrently with, issuance of a Notice of Violation. (i) Nothing in this regulation restricts the power of a city attorney, district attorney, county counsel, or the Attorney General to bring any criminal proceeding otherwise authorized by law. Furthermore, nothing in this regulation prevents the Executive Officer from cooperating with, or participating in, such a proceeding. (j) If a person disagrees with the alleged minor violation(s) cited in the Notice to Comply issued pursuant to this section, the person shall give written notice of appeal, including the reasons why the applicant believes a Notice to Comply is inappropriate, pursuant to the criteria set forth in this regulation, within 5 days of the citation. The written notice of appeal shall be sent to the Executive Officer of the Air Resources Board, P. O. Box 2815, Sacramento, CA 95812 , who shall develop a process for reviewing and determining the disposition of the appeal. Note: Authority cited: Sections 39600, 39601 and 39150(c), Health and Safety Code. Reference: Sections 39150-39153, Health and Safety Code. s 60094. Penalty for Failure to Comply. Any person who fails to comply by the date specified on the Notice to Comply shall be issued a Notice of Violation of this regulation in addition to any other penalties which may be assessed for the underlying violation. Note: Authority cited: Sections 39600, 39601 and 39150(c), Health and Safety Code. Reference: Sections 39150-39153, Health and Safety Code. s 60100. North Coast Basin. (a) All of Del Norte County (b) All of Humboldt County (c) All of Mendocino County (d) All of Trinity County (e) That portion of Sonoma County which lies north and west of a line described as follows: Beginning at the southeasterly corner of the Rancho Estero Americano, being on the boundary line between Marin and Sonoma Counties, California; thence running northerly along the easterly boundary line of said Rancho Estero Americano to the northeasterly corner thereof, being an angle corner in the westerly boundary line of Rancho Canada de Jonive; thence running along said boundary of Rancho Canada de Jonive westerly, northerly and easterly to its intersection with the easterly line of Graton Road; thence running along the easterly and southerly line of Graton Road, northerly and easterly to its intersection with the easterly line of Sullivan Road; thence running northerly along said easterly line of Sullivan Road to the southerly line of Green Valley Road; thence running easterly along the said southerly line of Green Valley Road and easterly along the southerly line of State Highway 116, to the westerly line of Vine Hill Road; thence running along the westerly and northerly line of Vine Hill Road, northerly and easterly to its intersection with the westerly line of Laguna Road; thence running northerly along the westerly line of Laguna Road and the northerly projection thereof to the northerly line of Trenton Road; thence running westerly along the northerly line of said Trenton Road to the easterly line of Trenton-Healdsburg Road; thence running northerly along said easterly line of Trenton-Healdsburg Road to the easterly line of Eastside Road; thence running northerly along said easterly line of Eastside Road to its intersection with the southerly line of Rancho Sotoyome; thence running easterly along said southerly line of Rancho Sotoyome to its intersection with the Township line common to Townships 8 and 9 North, M.D.M.; thence running easterly along said township line to its intersection with the boundary line between Sonoma and Napa Counties, State of California. Note: Authority cited: Section 39601, Health and Safety Code. Reference: Sections 39001 and 39606(a), Health and Safety Code. s 60101. San Francisco Bay Area Basin. (a) That portion of Sonoma County which lies south and east of a line described as follows: Beginning at the southeasterly corner of the Rancho Estero Americano, being on the boundary line between Marin and Sonoma Counties, California; thence running northerly along the easterly boundary line of said Rancho Estero Americano to the northeasterly corner thereof, being an angle corner in the westerly boundary line of Rancho Canada de Jonive; thence running along said boundary of Rancho Canada de Jonive westerly, northerly and easterly to its intersection with the easterly line of Graton Road; thence running along the easterly and southerly line of Graton Road, northerly and easterly to its intersection with the easterly line of Sullivan Road; thence running northerly along said easterly line of Sullivan Road to the southerly line of Green Valley Road; thence running easterly along the said southerly line of Green Valley Road and easterly along the southerly line of State Highway 116, to the westerly line of Vine Hill Road; thence running along the westerly and northerly line of Vine Hill Road, northerly and easterly to its intersection with the westerly line of Laguna Road; thence running northerly along the westerly line of Laguna Road and the northerly projection thereof to the northerly line of Trenton Road; thence running westerly along the northerly line of said Trenton Road to the easterly line of Trenton-Healdsburg Road; thence running northerly along said easterly line of Trenton-Healdsburg Road to the easterly line of Eastside Road; thence running northerly along said easterly line of Eastside Road to its intersection with the southerly line of Rancho Sotoyome; thence running easterly along said southerly line of Rancho Sotoyome to its intersection with the Township line common to Townships 8 and 9 North, M.D.M.; thence running easterly along said township line to its intersection with the boundary line between Sonoma and Napa Counties, State of California. (b) All of Napa County (c) That portion of Solano County which lies south and west of a line described as follows: Beginning at the intersection of the westerly boundary of Solano County and the 1/4 section line running east and west through the center of Section 34, T6N, R2W, M.D.B. & M., thence east along said 1/4 section line to the east boundary of Section 36, T6N, R2W, thence south 1/2 mile and east 2.0 miles, more or less, along the west and south boundary of Los Putos Rancho to the northwest corner of Section 4, T5N, R1W, thence east along a line common to T5N and T6N to the northeast corner of Section 3, T5N, R1E, thence south along section lines to the southeast corner of Section 10, T3N, R1E, thence east along section lines to the south 1/4 corner of Section 8, T3N, R2E, thence east to the boundary between Solano and Sacramento Counties. (d) All of Contra Costa County (e) All of Alameda County (f) All of Santa Clara County (g) All of San Mateo County (h) All of San Francisco County (i) All of Marin County Note: Authority cited: Section 39601, Health and Safety Code. Reference: Sections 39001, 39606(a), and 40200, Health and Safety Code. s 60102. North Central Coast Basin. (a) All of Santa Cruz County (b) All of San Benito County (c) All of Monterey County Note: Authority cited: Section 39601, Health and Safety Code. Reference: Sections 39001 and 39606(a), Health and Safety Code. s 60103. South Central Coast Basin. (a) All of San Luis Obispo County (b) All of Santa Barbara County (c) All of Ventura County Note: Authority cited: Section 39601, Health and Safety Code. Reference: Sections 39001 and 39606(a), Health and Safety Code. s 60104. South Coast Air Basin. (a) All of Orange County (b) That portion of Riverside County which lies west of a line described as follows: Beginning at the Riverside-San Diego County boundary and running north along the range line common to R. 4 E and R. 3 E; then east along the township line common to T. 8 S and T. 7 S; then north along the range line common to R. 5 E and R. 4 E; then west along the township line common to T. 6 S and T. 7 S to the southwest corner of Section 34, T. 6 S, R. 4 E; then north along the west boundaries of Sections 34, 27, 22, 15, 10, 3, T. 6 S, R. 4 E; then west along the township line common to T. 5 S and T. 6 S; then north along the range line common to R. 4 E and R. 3 E; then west along the south boundaries of Sections 13, 14, 15, 16, 17 and 18, T. 5 S. R. 3 E; then north along the range line common to R. 2 E and R. 3 E to the Riverside-San Bernardino County line. (c) That portion of San Bernardino County west and south of a line described as follows: Beginning at the San Bernardino-Riverside County boundary and running north along the range line common to R. 3 E and R. 2 E; then west along the township line common to T. 3 N and T. 2 N to the San Bernardino-Los Angeles County boundary. (d) That portion of Los Angeles County which lies south and west of a line described as follows: Beginning at the Los Angeles-San Bernardino County boundary and running west along the township line common to T.3 N and T.2 N, San Bernardino Base and Meridian; then north along the range line common to R.8 W and R.9 W; then west along the township line common to T.4 N and T.3 N; then north along the range line common to R.12 W and R.13 W to the southeast corner of Section 12, T.5 N, R. 13 W; then west along the south boundaries of Sections 12, 11, 10, 9, 8, 7, T.5 N, R. 13 W to the boundary of the Angeles National Forest which is collinear with the range line common to R. 13 W and R. 14 W; then north and west along the Angeles National Forest boundary to the point of intersection with the township line common to T.7 N and T. 6 N (point is at the northwest corner of Section 4 in T.6 N, R. 14 W); then west along the township line common to T.7 N and T.6 N; then north along the range line common to R. 15 W and R. 16 W to the southeast corner of Section 13, T.7 N, R. 16 W; then along the south boundaries of Sections 13, 14, 15, 16, 17, 18, T.7 N, R. 16 W; then north along the range line common to R.16 W and R. 17 W to the north boundary of the Angeles National Forest (collinear with township line common to T.8 N and T.7 N); then west and north along the Angeles National Forest boundary to the point of intersection with the south boundary of the Rancho La Liebre Land Grant; then west and north along this land grant boundary to the Los Angeles-Kern County boundary. Note: Authority cited: Sections 39601 and 39606.1, Health and Safety Code. Reference: Sections 39001, 39606(a), 39606.1 and 40410, Health and Safety Code. s 60105. Northeast Plateau Basin. (a) All of Modoc County (b) All of Lassen County (c) All of Siskiyou County Note: Authority cited: Section 39601, Health and Safety Code. Reference: Sections 39001 and 39606(a), Health and Safety Code. s 60106. Sacramento Valley Basin: (a) All of Tehama County (b) All of Glenn County (c) All of Butte County (d) All of Colusa County (e) All of Yolo County (f) All of Sutter County (g) All of Yuba County (h) All of Sacramento County (i) All of Shasta County. (j) That portion of Solano County which lies north and east of a line described as follows: Beginning at the intersection of the westerly boundary of Solano County and the 1/4 section line running east and west through the center of Section 34, T6N, R2W, M.D.B. & M., thence east along said 1/4 section line to the east boundary of Section 36, T6N, R2W, thence south 1/2 mile and east 2.0 miles, more or less, along the west and south boundary of Los Putos Rancho to the northwest corner of Section 4, T5N, R1W, thence east along a line common to T5N and T6N to the northeast corner of Section 3, T5N, R1E, thence south along section lines to the southeast corner of Section 10, T3N, R1E, thence east along section lines to the south 1/4 corner of Section 8, T3N, R2E, thence east to the boundary between Solano and Sacramento Counties. (k) That portion of Placer County which lies west of Range 9 east, M.D.B. & M. Note: Authority cited: Section 39601, Health and Safety Code. Reference: Sections 39001 and 39606(a), Health and Safety Code. s 60107. San Joaquin Valley Basin. (a) All of San Joaquin County (b) All of Stanislaus County (c) All of Merced County (d) All of Madera County (e) All of Fresno County (f) All of Kings County (g) All of Tulare County (h) That portion of Kern County which lies west and north of a line described as follows: Beginning at the Kern-Los Angeles County boundary and running north and east along the northwest boundary of the Rancho La Libre Land Grant to the point of intersection with the range line common to R. 16 W. and R. 17 W., San Bernardino Base and Meridian; north along the range line to the point of intersection with the Rancho El Tejon Land Grant boundary; then southeast, northeast, and northwest along the boundary of the Rancho El Tejon Land Grant to the northwest corner of S. 3, T. 11 N., R. 17 W.; then west 1.2 miles; then north to the Rancho El Tejon Land Grant boundary; then northwest along the Rancho El Tejon line to the southeast corner of S. 34, T. 32 S., R. 30 E., Mount Diablo Base and Meridian; then north to the northwest corner of S. 35, T. 31 S., R. 30 E.; then northeast along the boundary of the Rancho El Tejon Land Grant to the southwest corner of S. 18, T. 31 S., R. 31 E.; then east to the southeast corner of S. 13, T. 31 S., R. 31 E.; then north along the range line common to R. 31 E. and R. 32 E., Mount Diablo Base and Meridian, to the northwest corner of S. 6, T. 29 S., R. 32 E.; then east to the southwest corner of S. 31, T. 28 S., R. 32 E.; then north along the range line common to R. 31 E. and R. 32 E. to the northwest corner of S. 6, T. 28 S., R. 32 E., then west to the southeast corner of S. 36, T. 27 S., R. 31 E., then north along the range line common to R. 31 E. and R. 32 E. to the Kern-Tulare County boundary. Note: Authority cited: Section 39601, Health and Safety Code. Reference: Sections 39001 and 39606(a), Health and Safety Code. s 60108. Great Basin Valleys Basin. (a) All of Alpine County (b) All of Mono County (c) All of Inyo County Note: Authority cited: Section 39601, Health and Safety Code. Reference: Sections 39001 and 39606(a), Health and Safety Code. s 60109. Mojave Desert Air Basin. (a) That portion of Riverside County which lies east of a line described as follows: That segment of the southwestern boundary line of Hydrologic Unit Number 18100100 within Riverside County [FN1], further described as follows: Beginning at the Riverside-Imperial County boundary and running north along the range line common to R. 17 E. and R. 16 E., San Bernardino Base and Meridian; then northwest along the ridge line of the Chuckwalla Mountains, through T. 8 S., R. 16 E. and T. 7 S., R. 16 E., until the Black Butte Mountain, elev. 4504 '; then west and northwest along the ridge line to the southwest corner of T. 5 S., R. 14 E.; then north along the range line common to R. 14 E. and R. 13 E.; then west and northwest along the ridge line to Monument Mountain, elev. 4834 '; then southwest and then northwest along the ridge line of the Little San Bernardino Mountains to Quail Mountain, elev. 5814 '; then northwest along the ridge line to the Riverside-San Bernardino County line. (b) That portion of San Bernardino County east and north of a line described as follows: Beginning at the San Bernardino-Riverside County boundary and running north along the range line common to R. 3 E and R. 2 E, San Bernardino Base and Meridian; then west along the township line common to T. 3 N and T. 2 N to the San Bernardino-Los Angeles County boundary. (c) That portion of Los Angeles County which lies north and east of a line described as follows: Beginning at the Los Angeles-San Bernardino County boundary and running west along the township line common to T. 3 N and T. 2 N, San Bernardino Base and Meridian; then north along the range line common to R. 8 W and R. 9 W; then west along the township line common to T. 4 N and T. 3 N; then north along the range line common to R. 12 W and R. 13 W to the southeast corner of Section 12, T. 5 N, R. 13 W; then west along the south boundaries of Sections 12, 11, 10, 9, 8, 7, T. 5 N, R. 13 W to the boundary of the Angeles National Forest which is collinear with the range line common to R. 13 W and R. 14 W; then north and west along the Angeles National Forest boundary to the point of intersection with the township line common to T. 7 N and T. 6 N (point is at the northwest corner of Section 4 in T. 6 N, R. 14 W); then west along the township line common to T. 7 N and T. 6 N; hen north along the range line common to R. 15 W and R. 16 W to the southeast corner of Section 13, T. 7 N, R. 16 W; then along the south boundaries of Sections 13, 14, 15, 16, 17, 18, T. 7 N, R. 16 W; then north along the range line common to R. 16 W and R. 17 W to the north boundary of the Angeles National Forest (collinear with township line common to T. 8 N and T. 7 N) then west and north along the Angeles National Forest boundary to the point of intersection with the south boundary of the Rancho La Liebre Land Grant; then west and north along this land grant boundary to the Los Angeles-Kern County boundary. (d) That portion of Kern County east and south of a line described as follows: Beginning at the Kern-Los Angeles County boundary and running north and east along the northwest boundary of the Rancho La Libre Land Grant to the point of intersection with the range line common to R. 16 W. and R. 17 W., San Bernardino Base and Meridian; north along the range line to the point of intersection with the Rancho El Tejon Land Grant boundary; then southeast, northeast, and northwest along the boundary of the Rancho El Tejon Land Grant to the northwest corner of S. 3, T. 11 N., R. 17 W.; then west 1.2 miles; then north to the Rancho El Tejon Land Grant boundary; then northwest along the Rancho El Tejon line to the southeast corner of S. 34, T. 32 S., R. 30 E., Mount Diablo Base and Meridian; then north to the northwest corner of S. 35, T. 31 S., R. 30 E.; then northeast along the boundary of the Rancho El Tejon Land Grant to the southwest corner of S. 18, T. 31 S., R. 31 E.; then east to the southeast corner of S. 13, T. 31 S., R. 31 E.; then north along the range line common to R. 31 E. and R. 32 E., Mount Diablo Base and Meridian, to the northwest corner of S. 6, T. 29 S., R. 32 E.; then est to the southwest corner of S. 31 T. 28 S., R. 32 E.; then north along the range line common to R. 31 E. and R. 32 E. to the northwest corner of S. 6, T. 28 S., R. 32 E., then west to the southeast corner of S. 36, T. 27 S., R. 31 E., then north along the range line common to R. 31 E. and R. 32 E. to the Kern-Tulare County boundary. [FN1] Hydrologic Unit Map, 1978, State of California (Southern Half), Department of the Interior, Geological Survey, Reston, Virginia (Reprinted 1987), incorporated by reference herein. Note: Authority cited: Sections 39601 and 39606.1, Health and Safety Code. Reference: Sections 39001, 39606(a) and 39606.1, Health and Safety Code. s 60110. San Diego Air Basin. All of San Diego County. Note: Authority cited: Section 39601, Health and Safety Code. Reference: Sections 39001 and 39606(a), Health and Safety Code. s 60111. Mountain Counties Air Basin: (a) All of Plumas County (b) All of Sierra County (c) All of Nevada County (d) All of Amador County (e) All of Calaveras County (f) All of Tuolumne County (g) All of Mariposa County (h) All of El Dorado County except that portion included in the Lake Tahoe Air Basin, as defined in Section 60113(a). (i) All of Placer County except that portion included in the Lake Tahoe Air Basin, as defined in Section 60113(b), and that portion included in the Sacramento Valley Air Basin, as defined in Section 60106(k). Note: Authority cited: Section 39601, Health and Safety Code. Reference: Sections 39001 and 39606(a), Health and Safety Code. s 60112. Lake County Air Basin. All of Lake County. Note: Authority cited: Section 39601, Health and Safety Code. Reference: Sections 39001 and 39606(a), Health and Safety Code. s 60113. Lake Tahoe Air Basin. (a) That portion of El Dorado County within the drainage area naturally tributary to Lake Tahoe including said Lake. (b) That portion of Placer County within the drainage area naturally tributary to Lake Tahoe including said Lake, plus that area in the vicinity of the head of the Truckee River described as follows: commencing at the point common to the aforementioned drainage area crestline and the line common to Townships 15 North and 16 North, M.D.B. & M., and following that line in a westerly direction to the northwest corner of Section 3, Township 15 North, Range 16 East, M.D.B. & M., thence south along the west line of Sections 3 and 10, Township 15 North, Range 16 East, M.D.B. & M., to the intersection with the said drainage area crestline, thence following the said drainage area boundary in a southeasterly, then northeasterly direction to and along the Lake Tahoe Dam, thence following the said drainage area crestline in a northeasterly, then northwesterly direction to the point of beginning. The Air Basin defined and described in (a) and(b) above shall be as delineated on the official map thereof which is signed by the Executive Officer of the Air Resources Board; such map shall be on file at the Air Resources Board Headquarters Office. Note: Authority cited: Section 39601, Health and Safety Code. Reference: Sections 39001 and 39606(a), Health and Safety Code. s 60114. Salton Sea Air Basin. (a) All of Imperial County (b) That portion of Riverside County which lies east of a line described as follows: Beginning at the Riverside-San Diego County boundary and running north along the range line common to R. 4 E and R. 3 E; then east along the township line common to T. 8 S and T. 7 S; then north along the range line common to R. 5 E and R. 4 E; then west along the township line common to T. 6 S and T. 7 S to the southwest corner of Section 34, T. 6 S, R. 4 E; then north along the west boundaries of Sections 34, 27, 22, 15, 10, 3, T. 6 S, R. 4 E; then west along the township line common to T. 5 S and T. 6 S; then north along the range line common to R. 4 E and R. 3 E; then west along the south boundaries of Sections 13, 14, 15, 16, 17 and 18, T. 5 S. R. 3 E; then north along the range line common to R. 2 E and R. 3 E to the Riverside-San Bernardino County line; and west of a line described as follows: That segment of the southwestern boundary line of Hydrologic Unit Number 18100100 within Riverside County [FN1], further described as follows: Beginning at the Riverside-Imperial County boundary and running north along the range line common to R. 17 E. and R. 16 E., San Bernardino Base and Meridian; then northwest along the ridge line of the Chuckwalla Mountains, through T. 8 S., R. 16 E. and T. 7 S., R. 16 E., until the Black Butte Mountain, elev. 4504 '; then west and northwest along the ridge line to the southwest corner of T. 5 S., R. 14 E.; then north along the range line common to R. 14 E. and R. 13 E.; then west and northwest along the ridge line to Monument Mountain, elev. 4834 '; then southwest and then northwest along the ridge line of the Little San Bernardino Mountains to Quail Mountain, elev. 5814 '; then northwest along the ridge line to the Riverside-San Bernardino County line. [FN1] Hydrologic Unit Map, 1978, State of California (Southern Half), Department of the Interior, Geological Survey, Reston, Virginia (Reprinted 1987), incorporated by reference herein. Note: Authority cited: Sections 39601 and 39606.1, Health and Safety Code. Reference: Sections 39001, 39606(a) and 39606.1, Health and Safety Code. s 60200. Description of Non-County Areas. (a) City of Calexico as defined by the United States Census Bureau, Census 2000 (Place ID #09710). (b) That portion of San Bernardino County, referred to as the federal Southeast Desert Modified AQMA for Ozone, is described as follows: That portion of San Bernardino County which lies north and east of a line described as follows: Beginning at the San Bernardino-Riverside County boundary and running north along the range line common to R. 3 E and R. 2 E, San Bernardino Base Meridian; then west along the township line common to T. 3 N and T. 2 N to the San Bernardino-Los Angeles County boundary; and that portion of San Bernardino County which lies south and west of a line described as follows: latitude 35 degrees, 10 minutes north and longitude 115 degrees, 45 minutes west. (c) That portion of Plumas County, referred to as the Portola Valley, is described as follows: That portion of Plumas County within Super Planning Watersheds #55183301, #55183302, #55183303, and #55183304, as defined in CalWater, version 2.2, 1999 (http://www.ca.nrcs.usda.gov/features/calwater/index.html). (d) That portion of Lake County and portion of Sonoma County, referred to as the Geysers Geothermal Area, is described as follows: Beginning at the northwest corner of T. 12 N, R. 9 W, Mount Diablo Base and Meridian; thence south along the range line common to R. 9 W and R. 10 W to the point of intersection with the Mendocino-Lake County border; thence east and south along the Mendocino-Lake County border to the point of intersection with the border of Sonoma County; thence west along the Mendocino-Sonoma County border to the point of intersection with the range line common to R. 10 W and R. 9 W; thence south along the range line common to R. 10 W and R. 9 W to the point of intersection with Big Sulfur Creek; thence southwest along Big Sulfur Creek to its confluence with Little Sulfur Creek; thence southeast, east, and northeast along Little Sulfur Creek to the point of intersection with the township line common to T. 10 N and T. 11 N; thence east along the township line common to T. 10 N and T. 11 N to the northeast corner of T. 10 N, R. 9 W; thence south along the range line common to R. 9 W and R. 8 W to the southwest corner of T. 10 N, R. 8 W; thence east along the township line common to T. 9 N and T. 10 N to the point of intersection with the Sonoma-Napa County border; thence northwest along the Sonoma-Napa County border to the point of intersection with the Lake-Napa County border; thence northeast along the Lake-Napa County border to the point of intersection with State Highway 29 (SH-29); thence north and west along SH-29 to the point of intersection with the township line common to T. 12 N and T. 13 N; thence west along the township line common to T. 12 N and T. 13 N to the northwest corner of T. 12 N, R. 9 W, the point of beginning. Note: Authority cited: Sections 39600, 39601 and 39608, Health and Safety Code. Reference: Section 39608, Health and Safety Code. s 60201. Table of Area Designations for Ozone. Area Designation North Coast Air Basin Attainment San Francisco Bay Area Air Basin Nonattainment North Central Coast Air Basin Nonattainment-Transitional South Central Coast Air Basin San Luis Obispo County Attainment Remainder of Air Basin Nonattainment South Coast Air Basin Nonattainment San Diego Air Basin Nonattainment Northeast Plateau Air Basin Attainment Sacramento Valley Air Basin Butte County Nonattainment-Transitional Colusa County Nonattainment-Transitional Glenn County Nonattainment-Transitional Shasta County Nonattainment-Transitional Solano County Nonattainment-Transitional Sutter County Nonattainment-Transitional Tehama County Nonattainment-Transitional Yolo County Nonattainment-Transitional Yuba County Nonattainment-Transitional Remainder of Air Basin Nonattainment San Joaquin Valley Air Basin Nonattainment Great Basin Valleys Air Basin Alpine County Unclassified Inyo County Unclassified Mono County Nonattainment Mojave Desert Air Basin Nonattainment Salton Sea Air Basin Nonattainment Mountain Counties Air Basin Amador, Calaveras, El Dorado, Nevada Placer, Mariposa, and Tuolumne Counties Nonattainment Plumas and Sierra Counties Unclassified Lake County Air Basin Attainment Lake Tahoe Air Basin Attainment Note: Authority cited: Sections 39600, 39601 and 39608, Health and Safety Code. Reference: Sections 39608 and 40925.5, Health and Safety Code. s 60202. Table of Area Designations for Carbon Monoxide. Area Designation North Coast Air Basin Del Norte County Unclassified Humboldt County Attainment Mendocino County Attainment Sonoma County Unclassified Trinity County Unclassified San Francisco Bay Area Air Basin Alameda County Attainment Contra Costa County Attainment Marin County Attainment Napa County Attainment San Francisco County Attainment San Mateo County Attainment Santa Clara County Attainment Solano County Attainment Sonoma County Attainment North Central Coast Air Basin Monterey County Attainment San Benito County Unclassified Santa Cruz County Unclassified South Central Coast Air Basin San Luis Obispo County Attainment Santa Barbara County Attainment Ventura County Attainment South Coast Air Basin Los Angles County Attainment Orange County Attainment Riverside County Attainment San Bernardino County Attainment San Diego Air Basin Attainment Northeast Plateau Air Basin Lassen County Unclassified Modoc County Unclassified Siskiyou County Unclassified Sacramento Valley Air Basin Butte County Attainment Colusa County Unclassified Glenn County Unclassified Placer County Attainment Sacramento County Attainment Shasta County Unclassified Solano County Attainment Sutter County Attainment Tehama County Unclassified Yolo County Attainment Yuba County Unclassified San Joaquin Valley Air Basin Fresno County Attainment Kern County Attainment Kings County Unclassified Madera County Unclassified Merced County Unclassified San Joaquin County Attainment Stanislaus County Attainment Tulare County Attainment Great Basin Valleys Air Basin Alpine County Unclassified Inyo County Attainment Mono County Attainment Mojave Desert Air Basin Kern County Unclassified Los Angeles County Attainment Riverside County Unclassified San Bernardino County Attainment Salton Sea Air Basin Imperial County City of Calexico 1 Nonattainment Remainder of County Unclassified Riverside County Attainment Mountain Counties Air Basin Amador County Unclassified Calaveras County Unclassified El Dorado County Unclassified Mariposa County Unclassified Nevada County Unclassified Placer County Unclassified Plumas County Attainment Sierra County Unclassified Tuolumne County Attainment Lake County Air Basin Lake County Attainment Lake Tahoe Air Basin Attainment ___________ 1 Section 60200(a). Note: Authority cited: Sections 39600, 39601 and 39608, Health and Safety Code. Reference: Section 39608, Health and Safety Code.Authority cited: Sections 39600, 39601 and 39608, Health and Safety Code. Reference: Section 39608, Health and Safety Code.Authority cited: Sections 39600, 39601 and 39608, Health and Safety Code. Reference: Section 39608, Health and Safety Code. s 60203. Table of Area Designations for Nitrogen Dioxide. Area Designation North Coast Air Basin Attainment San Francisco Bay Area Air Basin Attainment North Central Coast Air Basin Attainment South Central Coast Air Basin Attainment South Coast Air Basin Attainment San Diego Air Basin Attainment Northeast Plateau Air Basin Attainment Sacramento Valley Air Basin Attainment San Joaquin Valley Air Basin Attainment Great Basin Valleys Air Basin Attainment Mojave Desert Air Basin Attainment Salton Sea Air Basin Attainment Mountain Counties Air Basin Attainment Lake County Air Basin Attainment Lake Tahoe Air Basin Attainment Note: Authority cited: Sections 39600, 39601 and 39608, Health and Safety Code. Reference: Section 39608, Health and Safety Code. s 60204. Table of Area Designations for Sulfur Dioxide. Area Designation North Coast Air Basin Attainment San Francisco Bay Area Air Basin Alameda County Attainment Contra Costa County Attainment Marin County Attainment Napa County Attainment San Francisco County Attainment San Mateo County Attainment Santa Clara County Attainment Solano County Attainment Sonoma County Attainment North Central Coast Air Basin Monterey County Attainment San Benito County Attainment Santa Cruz County Attainment South Central Coast Air Basin San Luis Obispo County Attainment Santa Barbara County Attainment Ventura County Attainment South Coast Air Basin Los Angeles County Attainment Orange County Attainment Riverside County Attainment San Bernardino County Attainment San Diego Air Basin San Diego County Attainment Northeast Plateau Air Basin Lassen County Attainment Modoc County Attainment Siskiyou County Attainment Sacramento Valley Air Basin Butte County Attainment Colusa County Attainment Glenn County Attainment Placer County Attainment Sacramento County Attainment Shasta County Attainment Solano County Attainment Sutter County Attainment Tehama County Attainment Yolo County Attainment Yuba County Attainment San Joaquin Valley Air Basin Fresno County Attainment Kern County Attainment Kings County Attainment Madera County Attainment Merced County Attainment San Joaquin County Attainment Stanislaus County Attainment Tulare County Attainment Great Basin Valleys Air Basin Alpine County Attainment Inyo County Attainment Mono County Attainment Mojave Desert Air Basin Kern County Attainment Los Angeles County Attainment Riverside County Attainment San Bernardino County Attainment Salton Sea Air Basin Imperial County Attainment Riverside County Attainment Mountains Counties Air Basin Amador County Attainment Calaveras County Attainment El Dorado County Attainment Mariposa County Attainment Nevada County Attainment Placer County Attainment Plumas County Attainment Sierra County Attainment Tuolumne County Attainment Lake County Air Basin Lake County Attainment Lake Tahoe Air Basin El Dorado County Attainment Placer County Attainment Note: Authority cited: Sections 39600, 39601 and 39608, Health and Safety Code. Reference: Section 39608, Health and Safety Code. s 60205. Table of Area Designations for Suspended Particulate Matter (PM10). Area Designation North Coast Air Basin Nonattainment San Francisco Bay Area Air Basin Nonattainment North Central Coast Air Basin Nonattainment South Central Coast Air Basin Nonattainment South Coast Air Basin Nonattainment San Diego Air Basin Nonattainment Northeast Plateau Air Basin Siskiyou County Attainment Remainder of Air Basin Nonattainment Sacramento Valley Air Basin Nonattainment San Joaquin Valley Air Basin Nonattainment Great Basin Valleys Air Basin Nonattainment Mojave Desert Air Basin Nonattainment Salton Sea Air Basin Nonattainment Mountain Counties Air Basin El Dorado, Nevada, Placer Plumas, and Sierra Counties Nonattainment Amador County Unclassified Calaveras County Nonattainment Mariposa County Portion of Yosemite National Park Nonattainment Remainder of Mariposa and Tuolumne Counties Unclassified Lake County Air Basin Attainment Lake Tahoe Air Basin Nonattainment Note: Authority cited: Sections 39600, 39601 and 39608, Health and Safety Code. Reference: Section 39608, Health and Safety Code. s 60206. Table of Area Designations for Sulfates. Area Designation North Coast Air Basin Attainment San Francisco Bay Area Air Basin Attainment North Central Coast Air Basin Attainment South Central Coast Air Basin Attainment South Coast Air Basin Attainment San Diego Air Basin Attainment Northeast Plateau Air Basin Attainment Sacramento Valley Air Basin Attainment San Joaquin Valley Air Basin Attainment Great Basin Valleys Air Basin Attainment Mojave Desert Air Basin Attainment Salton Sea Air Basin Attainment Mountain Counties Air Basin Attainment Lake County Air Basin Attainment Lake Tahoe Air Basin Attainment Note: Authority cited: Sections 39600, 39601 and 39608, Health and Safety Code. Reference: Section 39608, Health and Safety Code. s 60207. Table of Area Designations for Lead (Particulate). Area Designation North Coast Air Basin Del Norte County Attainment Humboldt County Attainment Mendocino County Attainment Sonoma County Attainment Trinity County Attainment San Francisco Bay Area Air Basin Alameda County Attainment Contra Costa County Attainment Marin County Attainment Napa County Attainment San Francisco County Attainment San Mateo County Attainment Santa Clara County Attainment Solano County Attainment Sonoma County Attainment North Central Coast Air Basin Monterey County Attainment San Benito County Attainment Santa Cruz County Attainment South Central Coast Air Basin San Luis Obispo County Attainment Santa Barbara County Attainment Ventura County Attainment South Coast Air Basin Los Angeles County Attainment Orange County Attainment Riverside County Attainment San Bernardino County Attainment San Diego Air Basin San Diego County Attainment Northeast Plateau Air Basin Lassen County Attainment Modoc County Attainment Siskiyou County Attainment Sacramento Valley Air Basin Butte County Attainment Colusa County Attainment Glenn County Attainment Placer County Attainment Sacramento County Attainment Shasta County Attainment Solano County Attainment Sutter County Attainment Tehama County Attainment Yolo County Attainment Yuba County Attainment San Joaquin Valley Air Basin Fresno County Attainment Kern County Attainment Kings County Attainment Madera County Attainment Merced County Attainment San Joaquin County Attainment Stanislaus County Attainment Tulare County Attainment Great Basin Valleys Air Basin Alpine County Attainment Inyo County Attainment Mono County Attainment Mojave Desert Air Basin Kern County Attainment Los Angeles County Attainment Riverside County Attainment San Bernardino County Attainment Salton Sea Air Basin Imperial County Attainment Riverside County Attainment Mountain Counties Air Basin Amador County Attainment Calaveras County Attainment El Dorado County Attainment Mariposa County Attainment Nevada County Attainment Placer County Attainment Plumas County Attainment Sierra County Attainment Tuolumne County Attainment Lake County Air Basin Lake County Attainment Lake Tahoe Air Basin El Dorado County Attainment Placer County Attainment Note: Authority cited: Sections 39600, 39601 and 39608, Health and Safety Code. Reference: Section 39608, Health and Safety Code. s 60208. Table of Area Designations for Hydrogen Sulfide. Area Designation North Coast Air Basin Del Norte County Unclassified Humboldt County Attainment Mendocino County Unclassified Sonoma County Geysers Geothermal Area [FN1] Attainment Remainder of County Unclassified Trinity County Unclassified San Francisco Bay Area Air Basin Alameda County Unclassified Contra Costa County Unclassified Marin County Unclassified Napa County Unclassified San Francisco County Unclassified San Mateo County Unclassified Santa Clara County Unclassified Solano County Unclassified Sonoma County Unclassified North Central Coast Air Basin Monterey County Unclassified San Benito County Unclassified Santa Cruz County Unclassified South Central Coast Air Basin San Luis Obispo County Attainment Santa Barbara County Attainment Ventura County Unclassified South Coast Air Basin Los Angeles County Unclassified Orange County Unclassified Riverside County Unclassified San Bernardino County Unclassified San Diego Air Basin San Diego County Unclassified Northeast Plateau Air Basin Lassen County Unclassified Modoc County Unclassified Siskiyou County Unclassified Sacramento Valley Air Basin Butte County Unclassified Colusa County Unclassified Glenn County Unclassified Placer County Unclassified Sacramento County Unclassified Shasta County Unclassified Solano County Unclassified Sutter County Unclassified Tehama County Unclassified Yolo County Unclassified Yuba County Unclassified San Joaquin Valley Air Basin Fresno County Unclassified Kern County Unclassified Kings County Unclassified Madera County Unclassified Merced County Unclassified San Joaquin County Unclassified Stanislaus County Unclassified Tulare County Unclassified Great Basin Valleys Air Basin Alpine County Unclassified Inyo County Attainment Mono County Attainment Mojave Desert Air Basin Kern County Unclassified Los Angeles County Unclassified Riverside County Unclassified San Bernardino County County Portion of Searles Valley Planning Area [FN2] Nonattainment Remainder of County Unclassified Salton Sea Air Basin Imperial County Unclassified Riverside County Unclassified Mountain Counties Air Basin Amador County City of Sutter Creek Nonattainment Remainder of County Unclassified Calaveras County Unclassified El Dorado County Unclassified Mariposa County Unclassified Nevada County Unclassified Placer County Unclassified Plumas County Unclassified Sierra County Unclassified Tuolumne County Unclassified Lake County Air Basin Lake County Attainment Lake Tahoe Air Basin El Dorado County Unclassified Placer County Unclassified [FN1] Section 60200(d). [FN2] 52 Fed. Reg. 29384 (August 7, 1987); U.S. Geological Survey 1974, Hydrologic Unit Map -State of California, Hydrological Unit #18090205. Note: Authority cited: Sections 39600, 39601 and 39608, Health and Safety Code. Reference: Section 39608, Health and Safety Code. s 60209. Table of Area Designations for Visibility Reducing Particles. Area Designation North Coast Air Basin Unclassified San Francisco Bay Area Air Basin Unclassified North Central Coast Air Basin Unclassified South Central Coast Air Basin Unclassified South Coast Air Basin Unclassified San Diego Air Basin Unclassified Northeast Plateau Air Basin Unclassified Sacramento Valley Air Basin Unclassified San Joaquin Valley Air Basin Unclassified Great Basin Valleys Air Basin Unclassified Mojave Desert Air Basin Unclassified Salton Sea Air Basin Unclassified Mountain Counties Air Basin Unclassified Lake County Air Basin Attainment Lake Tahoe Air Basin Unclassified Note: Authority cited: Sections 39600, 39601 and 39608, Health and Safety Code. Reference: Section 39608, Health and Safety Code. s 60210. Table of Area Designations for Fine Particulate Matter (PM 2.5). Area Designation North Coast Air Basin Unclassified San Francisco Bay Area Air Basin Nonattainment North Central Coast Air Basin Attainment South Central Coast Air Basin San Luis Obispo and Santa Barbara Counties Unclassified Ventura County Nonattainment South Coast Air Basin Nonattainment San Diego Air Basin Nonattainment Northeast Plateau Air Basin Unclassified Sacramento Valley Air Basin Butte County Nonattainment Placer, and Sacramento Counties Nonattainment Remainder of Air Basin Unclassified San Joaquin Valley Air Basin Nonattainment Great Basin Valleys Air Basin Unclassified Mojave Desert Air Basin San Bernardino County County Portion of federal Southeast Desert Modified AQMA for Ozone 1 Nonattainment Remainder of San Bernardino County and Kern, Los Angeles, and Riverside Counties Unclassified Salton Sea Air Basin Imperial County City of Calexico 2 Nonattainment Remainder of Imperial County and Riverside County Unclassified Mountain Counties Air Basin Plumas County Portola Valley 3 Nonattainment Remainder of Plumas County and Amador, Calaveras, El Dorado, Mariposa, Nevada, Placer, Sierra, and Tuolumne Counties Unclassified Lake County Air Basin Attainment Lake Tahoe Air Basin Attainment 1 section 60200(b). 2 section 60200(a). 3 section 60200(c). Note: Authority cited: Sections 39600, 39601 and 39608, Health and Safety Code. Reference: Section 39608, Health and Safety Code. s 70100. Definitions. (a) Ambient Air Quality Standards. Ambient air quality standards are specified concentrations and durations of air pollutants which reflect the relationship between the intensity and composition of pollution to undesirable effects. (b) Most Relevant Effects. "Most Relevant Effects," shown in the Table of Ambient Air Quality Standards, are the effects which the standards are intended to prevent or abate. (c) Parts Per Million (ppm). Parts per million is a volumetric unit of gas concentration, which is numerically equal to the volume of a gaseous contaminant present in one million volumes of air. (d) Micrograms Per Cubic Meter (ug/m3). Micrograms per cubic meter is a unit of concentration which is numerically equal to the mass of a contaminant (in micrograms) present in a one cubic meter sample of air, measured at EPA reference conditions (corrected to 25 degrees Celsius, 760 torr). (40 CFR Part 50.3, November 25, 1971). (e) Equivalent Method. "Equivalent Method" is any procedure for measuring the concentration of a contaminant, other than that specified in the air quality standard for the contaminant, which can be shown to the satisfaction of the Air Resources Board to give equivalent results at or near the level of the air quality standard. (f) Visual Range. "Visual Range" is the distance at which a black object on the horizon has a 2 percent contrast with the horizon sky. This dis- tance can be calculated from a measured light extinction coefficient, Bext., by the formula: V r = 3.912 divided by Bext. = 3.912 divided by Bext. (g) Carbon Monoxide (CO). Carbon Monoxide is a colorless gas, odorless under atmospheric conditions, having the molecular form CO. (h) Sulfur Dioxide (SO 2). Sulfur dioxide is a colorless, irritating gas under atmospheric conditions, having the molecular form SO 2. (i) Suspended Particulate Matter (PM10). Suspended particulate matter (PM10) refers to atmospheric particles, solid and liquid, except uncombined water as measured by a (PM10) sampler which collects 50 percent of all particles of 10 mm aerodynamic diameter and which collects a declining fraction of particles as their diameter increases and an increasing fraction of particles as their diameter decreases, reflecting the characteristics of lung deposition. (j) Fine Suspended Particulate Matter (PM2.5). Fine suspended particulate matter (PM2.5) refers to suspended atmospheric particles solid and liquid, except uncombined water as measured by a PM2.5 sampler which collects 50 percent of all particles of 2.5 mm aerodynamic diameter and which collects a declining fraction of particles as their diameter increases and an increasing fraction of particles as their diameter decreases, reflecting the characteristics of lung deposition. (k) Visibility Reducing Particles. Visibility reducing particles are atmospheric particles which significantly scatter or absorb light. The effect of these particles on light extinction is to be determined by instrumental monitoring of light scattering and absorption by ARB Method V, as adopted August 18, 1989, or by an equivalent method. (l) Hydrogen Sulfide (H 2 S). Hydrogen sulfide is a colorless gas having the molecular form H 2 S. (m) Nitrogen Dioxide (NO 2). Nitrogen dioxide is a red-brown gas, odorless under atmospheric conditions, having the molecular form NO 2. (n) Lead (particulate). Lead (particulate) is suspended particulate matter containing lead (Pb). (o) Sulfates. Sulfates are the water soluble fraction of suspended particulate matter (PM10) containing the sulfate ion (SO %L4 [FN2-]) including but not limited to strong acids and sulfate salts, as measured by MLD Method 007 (based on high-volume size-selective inlet (SSI) sampling and ion chromatography), dated January 19, 1988.%L) including but not limited to strong acids and sulfate salts, as measured by MLD Method 007 (based on high-volume size-selective inlet (SSI) sampling and ion chromatography), dated January 19, 1988. (p) Vinyl Chloride. Vinyl chloride is a colorless gas with the molecular form CH 2 -CHCl; chloroethene. (q) Ozone. Ozone is a colorless gas with a pungent odor, having the molecular form O 3. (r) Extinction Coefficient. The "Extinction Coefficient" of a homogenous air mass is the natural logarithm of the fractional transmission of a beam of light per kilometer along the beam's path. Note: Authority cited: Sections 39600, 39601 and 39606, Health and Safety Code. Reference: Sections 39602 and 39606, Health and Safety Code. s 70100.1. Methods, Samplers, and Instruments for Measuring Pollutants. (a) PM10 Methods. The method for determining compliance with the PM10 ambient air quality standard shall be the Federal Reference Method for the Determination of Particulate Matter as PM10 in the Atmosphere (40 CFR, Chapter 1, part 50, Appendix M, as published in 62 Fed. Reg., 38753, July 18, 1997). California Approved Samplers for PM10 are set forth in "Air Monitoring Quality Assurance Manual Volume IV, Part A: Monitoring Methods for PM10," adopted March 10, 2006, which is incorporated by reference herein. Samplers, methods, or instruments determined in writing by the Air Resources Board or the Executive Officer to produce equivalent results for PM10 shall also be California Approved Samplers for PM10. These include those continuous samplers that have been demonstrated to the satisfaction of the Air Resources Board to produce measurements equivalent to the Federal Reference Method. (b) PM2.5 Methods. The method for determining compliance with the PM2.5 ambient air quality standard shall be the Federal Reference Method for the Determination of Particulate Matter as PM2.5 in the Atmosphere, 40 CFR, Chapter 1, part 50, Appendix L, as published in 62 Fed. Reg., 38714, July 18, 1997 and as amended in 64 Fed. Reg., 19717, April 22, 1999. The samplers listed in the Federal Reference Method must use either the WINS impactor or the U.S. EPA-approved very sharp cut cyclone (67 Fed. Reg., 15566, April 2, 2002) to separate PM2.5 from PM10. California Approved Samplers for PM2.5 are set forth in "Air Monitoring Quality Assurance Manual Volume IV, Part B: Monitoring Methods for PM2.5," adopted March 10, 2006, which is incorporated by reference herein. Samplers, methods, or instruments determined in writing by the Air Resources Board or the Executive Officer to produce equivalent results for PM2.5 shall also be California Approved Samplers for PM2.5. These include those continuous samplers that have been demonstrated to the satisfaction of the Air Resources Board to produce measurements equivalent to the Federal Reference Method. (c) Ozone Methods. The method for determining compliance with the ozone ambient air quality standard shall be the Federal Equivalent Method for the Determination of Ozone in the Atmosphere (40 CFR, part 53). California Approved Samplers for ozone are set forth in "Air Monitoring Quality Assurance Manual Volume IV, Part C: Monitoring Methods for Ozone", as adopted March 10, 2006. Samplers, methods, or instruments determined in writing by the Air Resources Board or the Executive Officer to produce equivalent results for ozone shall also be California Approved Samplers for ozone. Note: Authority cited: Sections 39600, 39601 and 39606, Health and Safety Code. Reference: Sections 39014, 39606, 39701 and 39703(f), Health and Safety Code. s 70101. General Statement of Policy and Scope. The objective of ambient air quality standards is to provide a basis for preventing or abating the effects of air pollution, including effects on health, esthetics and economy. The standards should not be interpreted as permitting, encouraging, or condoning degradation of present air quality in any air basin which now has an air quality superior to that stipulated in the standards. Pollution levels below those shown in the standards should not ordinarily produce the associated effects. In determining compliance with the standards through air monitoring, the sites and conditions of air sampling should be so chosen as to realistically represent the exposures of people, animals, vegetation and materials. Ambient air quality standards shall be reviewed and subject to modification whenever substantial pertinent new information becomes available and at least once every five years. To the extent feasible, review of a standard shall be coordinated with the review of any corresponding federal standard by the Environmental Protection Agency. Note: Authority cited: Sections 39600 and 39601(a), Health and Safety Code. Reference: Sections 39602 and 39606(b), Health and Safety Code. s 70200. Table of Standards *** _____________ *The list of California Approved Samplers may be obtained from the Air Resources Board, Monitoring and Laboratory Division, P.O. Box 2815, Sacramento, CA 95814. Any equivalent procedure which can be shown to the satisfaction of the Air Resources Board to give equivalent results at or near the level of the air quality standard may be used. **These standards are violated when concentrations exceed those set forth in the body of the regulation. All other standards are violated when concentrations equal or exceed those set forth in the body of the regulation. ***Applicable statewide unless otherwise noted. ****These standards are violated when particle concentrations cause measured light extinction values to exceed those set forth in the regulations. Note: Authority cited: Sections 39600, 39601(a) and 39606, Health and Safety Code. Reference: Sections 39014, 39606, 39701 and 39703(f), Health and Safety Code; andWestern Oil and Gas Ass'n v. Air Resources Bd. (1984) 37 Cal.3d 502. s 70200.5. Ambient Air Quality Standards for Hazardous Substances [FNa1] ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- Concentration Duration of and Averaging Most Relevant Substance Methods Periods Effects Comments ------------------------------------------------------------------------------- Vinyl Chloride 0.010 ppm ARB (Chloroethene Haagan-Smit 24 hours Known Low-level effects are human undefined, but are CH2=CHC1 Lab Method and aminal potentally serious. car- Level is not a thresh- No. 101 cinogen old level and does not necessarily pro- (Tedlar Bag tect against harm. Level specified is collection gas lowest level at which violation can be chromatogra- reliably detected by the method speci- phy) fied. Ambient concentrations at or above the standard constitute an endangerment to the health of the public. ------------------------------------------------------------------------------- [FNa1] Applicable statewide unless otherwise noted. Note: Authority cited: Sections 39600, 39601(a) and 39606(b), Health and Safety Code. Reference: Section 41700, Health and Safety Code. s 70201. Determination of 24-Hour SO 2 Standard. Note: Authority cited: Section 39601, Health and Safety Code. Reference: Section 39606, Health and Safety Code. s 70300. General Statement of Purpose. The objective of these criteria is to guide the state board in making designations of areas as attainment, nonattainment, nonattainment-transitional, or unclassified for each of the pollutants for which state ambient air quality standards have been established in Section 70200. Note: Authority cited: Sections 39600, 39601, 39607, 39608 and 40925.5, Health and Safety Code. Reference: Sections 39607, 39608 and 40925.5, Health and Safety Code. s 70301. Air Quality Data Used for Designations. (a) Except as otherwise provided in this article, designations shall be based on "data for record. " (1) Data for record are those data collected by or under the auspices of the state board or the districts for the purpose of measuring ambient air quality, and which the executive officer has determined comply with the siting and quality assurance procedures established in Part 58, Title 40, Code of Federal Regulations, as they existed on July 1, 1987, or other equivalent procedures. (2) Any other data which are provided by a district or by any other person will be data for record if the executive officer determines within 90 days of submittal of complete supporting documentation that the data comply with the siting and quality assurance procedures established in Part 58, Title 40, Code of Federal Regulations, as they existed on July 1, 1987, or other equivalent procedures. If the executive officer finds there is good cause that 90 days is insufficient time to make a determination, he/she may after notification of the person requesting the data review extend the deadline for completion for the data review. (b) Except as otherwise provided in this article, designations and reviews of designations will be based on data for record for the three calendar years prior to the year in which the designation is made or the annual review of the designation is conducted. (c) Data as described in section 70301(a)(1) and (2) become data for record upon completion of the executive officer's review. Note: Authority cited: Sections 39600, 39601, 39607 and 39608, Health and Safety Code: Reference: Sections 39607 and 39608, Health and Safety Code. s 70302. Geographic Extent of Designations. (a) An air basin will be the area designated for ozone, nitrogen dioxide, suspended particulate matter (PM10), fine suspended particulate matter (PM2.5), sulfates, and visibility reducing particles. Provided, however, if the state board finds (based on air quality data, meteorology, topography, or the distribution of population and emissions) that there are areas within an air basin with distinctly different air quality deriving from sources and conditions not affecting the entire air basin, the state board may designate an area smaller than an air basin using political boundary lines to the extent practicable. In designating an area smaller than an air basin as nonattainment, the state board will include within the area those sources whose emissions contribute to a violation of a state standard for that pollutant. Contiguous areas which would have the same designation within an air basin will be one designated area. (b) A county or the portion of a county which is located within an air basin will be the area designated for carbon monoxide, sulfur dioxide, lead (particulate), and hydrogen sulfide. Provided, however, if the state board finds (based on air quality data, meteorology, topography, or the distribution of population and emissions) that there are areas within the county with distinctly different air quality, it may designate a smaller area. In designating an area smaller than a county as nonattainment, the state board will include within the area those sources whose emissions contribute to a violation of a state standard for that pollutant. Note: Authority cited: Sections 39600, 39601, 39607 and 39608, Health and Safety Code. Reference: Sections 39607 and 39608, Health and Safety Code. s 70303. Criteria for Designating an Area as Nonattainment. (a) The state board will designate an area as nonattainment for a pollutant if: (1) Data for record show at least one violation of a state standard for that pollutant in the area, and the measurement of the violation meets the representativeness criteria set forth in "Criteria for Determining Data Representativeness" contained in Appendix 1 to this article; or (2) Limited or no air quality data were collected in the area, but the state board finds, based on meteorology,topography, and air quality data for an adjacent nonattainment area, that there has been at least one violation of a state standard for that pollutant in the area being designated. (b) An area will not be designated as nonattainment if the only recorded exceedance(s) of that state standard were based solely on data for record determined to be affected by a highly irregular or infrequent event. Data affected by a highly irregular or infrequent event will be identified as such by the executive officer in accordance with the "Air Resources Board Procedure for Reviewing Air Quality Data Possibly Affected by a Highly Irregular or Infrequent Event," set forth in Appendix 2 to this article. Note: Authority cited: Sections 39600, 39601, 39607 and 39608, Health and Safety Code. Reference: Sections 39607 and 39608, Health and Safety Code. s 70303.1. Criteria for Designating an Area as Nonattainment-Transitional for Pollutants Other than Ozone. (a) Nonattainment-transitional is a subcategory of the nonattainment designation. The state board will, if requested by a district no later than May 1 of each year pursuant to section 70306, identify that portion of a designated area within the district as nonattainment-transitional for a pollutant other than ozone with a state standard averaging time less than or equal to 24 hours and for which samples are routinely collected every day if it finds that: (1) Data for record for the previous calendar year are consistent with the criteria established in section 70304(a)(2) and show two or fewer days at each site in the area with violations of a state standard for that pollutant (not including exceedances found to be affected by a highly irregular or infrequent event under the procedure set forth in Appendix 2 to this article); (2) Evaluation of multi-year air quality, meteorological and emission data indicates that ambient air quality either has stabilized or is improving and that every site in the area is expected to reach attainment within three years; and (3) The geographic extent of the area is consistent with the criteria established in section 70302. (b) An area designated as nonattainment-transitional for a pollutant is close to attaining the state standard(s) for that pollutant. The nonattainment-transitional designation provides an opportunity for a district to review and potentially to modify its attainment plan. Any modification to an attainment plan must be consistent with state and federal regulations and statutes. Note: Authority cited: Sections 39600, 39601, 39607 and 39608, Health and Safety Code. Reference: Sections 39607 and 39608, Health and Safety Code. s 70303.5. Requirements for Ozone Nonattainment-Transitional (a) If an area within an air basin is designated as nonattainment for ozone, that area is designated as nonattainment-transitional for ozone if the following conditions are met: (1) The area is an entire district within an air basin, or the area is the entire portion of a district within an air basin consistent with the criteria established in section 70302(a); (2) Data for record consistent with the criteria established in section 70304(a)(2) are used to determine the number of exceedances for the previous calendar year at each monitoring location in the area; (3) All data collected during the previous calendar year are considered in the evaluation, including data possibly affected by a highly irregular or infrequent event under the procedure set forth in Appendix 2 to this article; (4) Each day with concentration(s) that exceed the state ozone standard is counted as one exceedance day; and (5) No monitoring location in the area has more than three exceedance days during the previous calendar year. (b) If an area qualifies for designation as nonattainment-transitional for ozone for the previous calendar year under section 70303.5(a), and the executive officer has determined that data for the current calendar year indicate more than three exceedance days at any one monitoring location, that area is designated as nonattainment. Note: Authority Cited: Sections 39600, 39601, 39607 and 40925.5, Health and Safety Code. Reference: Sections 39607 and 40925.5, Health and Safety Code. s 70304. Criteria for Designating an Area as Attainment. (a) The state board will designate an area as attainment for a pollutant if: (1) Data for record show that no state standard for that pollutant was violated at any site in the area; and (2) Data for record meet representativeness and completeness criteria for a location at which the pollutant concentrations are expected to be high based on the spatial distribution of emission sources in the area and the relationship of emissions to air quality. Data representativeness criteria are set forth in "Criteria for Determining Data Representativeness" contained in Appendix 1 to this article. Data completeness criteria are set forth in "Criteria for Determining Data Completeness" contained in Appendix 3 to this article. (b) Where there are limited or no air quality data for an area, the state board will designate the area as attainment for a pollutant it finds that no state standard for that pollutant has been violated in that area based on: (1) Air quality data collected in the area during the most recent period since 1980 which meet the conditions in (a) above; (2) Emissions of that pollutant or its precursors in the area have not increased since that period to a level at which the state standard might be exceeded; and (3) Air quality data collected in the area since the time period in (1) above do not show a violation of the state standard. (c) Where an area has limited or no air quality data for nitrogen dioxide, sulfur dioxide, sulfates, and lead (particulate), the state board shall designate that area attainment for a pollutant if it finds that no state standard for that pollutant has been violated in that area based on the "Screening Procedure for Determining Attainment Designations for Areas with Incomplete Air Quality Data" set forth in Appendix 4 to this article. (d) A nonattainment area will not be redesignated as attainment for a pollutant if; (1) Data for record for the monitoring site showing the greatest violation of a state standard for that pollutant no longer are available; and (2) No other site has been identified as equivalent by the executive officer. Note: Authority cited: Sections 39600, 39601, 39607 and 39608, Health and Safety Code. Reference: Sections 39607 and 39608, Health and Safety Code. s 70306. Annual Review of Designations. (a) The executive officer will conduct annual reviews of all designations and will propose revisions to the designations as necessary to the state board. The executive officer will complete the annual reviews by November 15. (b) Any request for a change in a designation and any submittal of information for purposes of the executive officer's consideration in the annual review of a designation shall be provided in writing to the executive officer no later than May 1 of each year. Note: Authority cited: Sections 39600, 39601, 39607 and 39608, Health and Safety Code. Reference: Sections 39607 and 39608, Health and Safety Code. Appendix 1 Criteria for Determining Data Representativeness This Appendix describes the criteria to be used in determining the representativeness of individual air quality measurements and statistics for the purpose of designating areas as described in this article. Data representativeness, as that term is used herein, relates to the determination of whether the amount of data reflected in an individual air quality measurement or statistic is sufficient to characterize reliably air quality during the respective averaging time of a state standard. The criteria for determining data representativeness are summarized in the accompanying table and discussed further, below. Air quality measurements and statistics are usually computed from short term observed values. If all the short term values for the statistical time period are available, the calculated statistic is representative. However, because all the short term values for a given period often are not available, a minimum number of observations are needed to provide reasonable assurance that the calculated measurement or statistic is a reliable estimate for the averaging time specified in the state standard. In general, air quality measurements and statistics are considered representative if a minimum of 75 percent of all the potential short term values are included and are distributed throughout the entire statistical time period. This 75 percent criteria must be met from the averaging time of the initial measurement, up to and including, the final averaging time reflected by the air quality measurement or statistic. For example, a maximum daily statistic must meet the representativeness criteria specified for a "Day." Because a daily statistic reflects a single day, it does not need to meet the representativeness criteria for any other level (Month, Quarter, or Year). In evaluating data representativeness, all measurements are considered, including those identified as affected by a highly irregular or infrequent event under the "Air Resources Board Procedure for Reviewing Air Quality Data Possibly Affected by a Highly Irregular or Infrequent Event," set forth in Appendix 2 to this article. Individual air quality measurements and statistics used for designating an area as attainment, nonattainment-transitional, or nonattainment must be representative. Furthermore, to ensure that the group of air quality measurements or statistics used for designating an area as attainment or nonattainment-transitional reflect the time of day and the season of expected high concentrations, these data must also be complete under the "Criteria for Determining Data Completeness" set forth in Appendix 3 to this article. In contrast, the air quality measurements or statistics used for designating an area as nonattainment are not required to be complete. Criteria for Representativeness of Air Quality Measurements and Statistics Appendix 2 Air Resources Board Procedure for Reviewing Air Quality Data Possibly Affected by a Highly Irregular or Infrequent Event This Appendix describes the procedures that the Air Resources Board will use for reviewing air quality data possibly affected by a highly irregular or infrequent event with regard to the state ambient air quality standards. All decisions regarding the identification of data as being affected by a highly irregular or infrequent event will be made by the executive officer. The executive officer will review air quality data for possible identification as affected by a highly irregular or infrequent event if the data are the only exceedances of a state ambient air quality standard in the area or if such identification would otherwise affect the designation of the area. Three types of highly irregular or infrequent events may be identified: 1. Extreme Concentration Event 2. Exceptional Event 3. Unusual Concentration Event. Extreme Concentration Events An extreme concentration event is an event beyond reasonable regulatory control which causes an exceedance of a state standard. An extreme concentration event is based on a statistical procedure and may not always be linked to a specific identifiable cause. The causes of an extreme concentration event include but are not limited to unusual meteorology. The steps for identifying an extreme concentration event are: 1. A district (or the executive officer) identifies questionable data. 2. In evaluating a possible extreme concentration event, the executive officer will use the data for the site at which the event is suspected to determine a limit for concentrations expected to recur no more frequently than once in one year. The limit will be determined using the "exponential tail method" described in Procedure for Computing the Values Used in Identifying Extreme Concentration Events (August 1998), which is incorporated by reference herein. Using conventional rounding procedures, the limit will be consistent with the level of precision in which the state standard is expressed. If the possible extreme concentration exceeds the concentration expected to recur no more frequently than once in one year, the executive officer will consult with the district in identifying the data as affected by an extreme concentration event. 3. When an extreme concentration event is identified, the executive officer will review other information, including but not limited to meteorological data, to determine whether air quality data for other sites in the area were affected by the extreme concentration event. Exceptional Events An exceptional event is an event beyond reasonable regulatory control which causes an exceedance of a state standard. An exceptional event must be linked to a specific cause such as an act of nature or unusual human activity. As guidance to the states for determining exceptional events, the federal Environmental Protection Agency (EPA) has published Guideline on the Identification and Use of Air Quality Data Affected by Exceptional Events,(EPA-450/4-86-007), July 1986 (the EPA Guideline). The EPA Guideline provides overall criteria for determining whether an event is exceptional with regard to the national standards. The executive officer will use the EPA Guideline as a general basis for reviewing ambient data, but will notbe bound by the specific definitions in the EPA Guideline for the various types of exceptional events because those definitions are made on a national basis. In addition, since what may be exceptional in one part of the state may be common in another, each possible event will be evaluated on a case-by-case basis. The steps for identifying an exceptional event are: 1. A district (or the executive officer) identifies questionable data. 2. If a known exceptional event has occurred, the district gathers relevant data to document the occurrence. 3. If an exceptional event is only suspected, the district investigates available data for the possible event. 4. The district submits to the executive officer a request for identifying the data as affected by an exceptional event and also provides supporting documentation. 5. If the executive officer concurs with the district, he/she will identify the data as affected by an exceptional event. 6. If the district's request for identifying data as affected by an exceptional event cannot be supported, the district will be notified of the reasons. The executive officer will consider any additional data to support the request, but in the absence of any new evidence, will disapprove the request. Unusual Concentration Events An unusual concentration event is an event which causes an anomalous exceedance of a state standard and which does not qualify as an extreme concentration event or an exceptional event. An exceedance affected by an unusual concentration event may be identified only for an area designated as attainment or unclassified at the time of the exceedance. The steps for identifying an unusual concentration event are: 1. A district (or the executive officer) identifies a questionable exceedance(s). 2. If the exceedance(s) has not been identified as having been affected by an extreme concentration event or an exceptional event, and if the area was designated as attainment or unclassified at the time of the exceedance(s), the executive officer will review the exceedance(s) to determine whether it was affected by an unusual concentration event. 3. In evaluating a possible unusual concentration event, the executive officer will consider all relevant information, including but not limited to the amount and characteristics of air quality data, emission data, meteorological data, potential public health and welfare impacts, and any applicable state, district, and federal rules and regulations. To identify the exceedance(s) as affected by an unusual concentration event, the executive officer must find, based on the relevant information, that the impact of the exceedance(s) is limited to the local area, the exceedance(s) is not expected to recur, and that the data do not support a nonattainment designation. 4. If the exceedance(s) qualifies as possibly affected by an unusual concentration event, the executive officer will consult with the district in identifying the exceedance(s) as affected by an unusual concentration event. 5. An area may retain its attainment or unclassified designation based on the identification and exclusion of an exceedance(s) affected by an unusual concentration event for no more than three consecutive years. If the executive officer identifies an exceedance(s) affected by an unusual concentration event in the area in the fourth consecutive year, the area will be redesignated as nonattainment. Note: Authority cited: Sections 39600, 39601, 39607 and 39608, Health and Safety Code. Reference: Sections 39607 and 39608, Health and Safety Code. Appendix 3 Criteria for Determining Data Completeness This Appendix describes the criteria to be used in determining data completeness for the purpose of designating areas as described in this article. These Criteria for Determining Data Completeness (Completeness Criteria) apply only to air quality data used in designating an area as attainment or nonattainment-transitional. Air quality data used in designating an area as nonattainment do not need to be complete. The purpose of these Completeness Criteria is to specify the minimum amount of data deemed necessary to ensure that sampling occurred at times when a violation is most likely to occur. After a set or group of air quality measurements or statistics are deemed representative under the Criteria for Determining Data Representativeness set forth in Appendix 1 to this article, they are then evaluated under these Completeness Criteria to ensure that the group of representative measurements or statistics reflect the time of day and the season of the year during which high concentrations are likely to occur. Complete Data Data for a site will be complete if there are representative data (as determined in accordance with the Representativeness Criteria in Appendix 1 to this article) during the required hours (see below) of the day during the required months (see below) for the required years (see below). Required Hours The hours of potentially high concentration must be included. Unless a detailed evaluation determines different hours to be appropriate for a specific site, these hours are: Pollutant Hours (PST) Ozone 9 am-5 pm Carbon Monoxide 3 pm-9 am (next day) Nitrogen Dioxide 8 am-8 pm Visibility Reducing Particles 10 am-6 pm Other Pollutants Throughout day Required Months The months of potentially high concentrations must be included. Unless a detailed evaluation determines different months to be appropriate for a specific site, these months are: Pollutant Months Ozone July-September Carbon Monoxide January, November-December Nitrogen Dioxide October-December Sulfur Dioxide September-December Sulfates January, June-December Lead (Particulate) January, November-December Other Pollutants January-December Required Years for an Attainment Designation The number of years to be included for an attainment designation is: (a) Three; or (b) Two, if during these years the maximum pollutant concentration (not including data found to be affected by a highly irregular or infrequent event under the procedure set forth in Appendix 2 to this article) is less then three-fourths the applicable state ambient air quality standard; or (c) One, if during this year the maximum pollutant concentration (not including data found to be affected by a highly irregular or infrequent event under the procedure set forth in Appendix 2 to this article) is less than one-half the applicable state ambient air quality standard. Appendix 4 Screening Procedure for Determining Attainment Designations for Areas with Incomplete Air Quality Data This Appendix describes the screening procedure that will serve as the basis for making a pollutant-specific finding under Section 70304(c) that the state ambient air quality standard is being attained for areas with no or an incomplete air quality data record. The procedure is applicable only for nitrogen dioxide, sulfur dioxide, sulfates, and lead (particulate). For those areas with some air quality data for the prior three years, the screening procedure will be applied for a pollutant only if the maximum concentrations of that pollutant in the area did not exceed 75 percent of the state standard(s). Pollutant Screening Parameters Screening Values Nitrogen Dioxide (a) Basin Population 1,000,000 people (b) Total Annual NO x Emissions 40,000 tons/yr in Air Basin (c) Total Annual Point Source 2,100 tons/yr NO x Emissions in County Sulfur Dioxide (a) Total Annual Point Source SO x 1,700 tons/yr Emissions in County (b) Maximum Annual SO x Emissions 900 tons/yr from Single Facility in County Sulfates (a) Total Annual SO x Emissions in 19,000 tons/yr Air Basin (b) Total Annual Point Source SO x 1,700 tons/yr Emissions in County (c) Maximum Annual SO x Emissions 900 tons/yr from Single Facility in County Lead (a) County Population 600,000 people (b) Maximum Annual Lead 0.5 tons/yr Emissions from Single Facility in County For an area to which these values are applied, the local values of the applicable screening parameters will be compared to the respective screening values. The area will be presumed to be attainment if none of the applicable screening parameters for a pollutant exceed the associated screening values. s 70500. Transport Identification. (a) Purpose. This regulation identifies the areas in which transported air pollutants from upwind areas cause or contribute to a violation of the state ambient air quality standard for ozone and the areas of origin of the transported pollutants. All areas identified in the table are air basins except as otherwise specifically described and defined. (b) Definitions. (1) "California Coastal Waters" includes the area between the California coastline and a line starting at the California-Oregon border at the Pacific Ocean; thence to 42.0 degrees North, 125.5 degrees West; thence to 41.0 degrees North, 125.5 degrees West; thence to 40.0 degrees North, 125.5 degrees West; thence to 39.0 degrees North, 125.0 degrees West; thence to 38.0 degrees North, 124.5 degrees West; thence to 37.0 degrees North, 123.5 degrees West; thence to 36.0 degrees North, 122.5 degrees West; thence to 35.0 degrees North, 121.5 degrees West; thence to 34.0 degrees North, 120.5 degrees West; thence to 33.0 degrees North, 119.5 degrees West; thence to 32.5 degrees North, 118.5 degrees West; and ending at the California-Mexican border at the Pacific Ocean. (2) "Upper Sacramento Valley" includes the Colusa, Butte, Glenn, Tehama, and Shasta County Air Pollution Control Districts, and that area of the Feather River Air Quality Management District, which is north of a line connecting the northern border of Yolo County to the southwestern tip of Yuba County, and continuing along the southern Yuba County border to Placer County. (3) "Broader Sacramento Area" includes the Sacramento Metropolitan Air Quality Management District; the Yolo-Solano Air Pollution Control District; the portions of the El Dorado County Air Pollution Control District included in 1990 U.S. Census Tracts 306.01, 307, 308.01, 308.02, 308.03, 308.04, 309.01, 309.02, 310, 311, 312, 315.01, and 315.02; and the portions of the Placer County Air Pollution Control District included in 1990 U.S. Census Tracts 203, 204, 205, 206.01, 206.02, 206.03, 207.01, 207.02, 207.03, 208, 209, 210.01, 210.02, 211.01, 211.02, 212, 213.01, 213.02, 214, 215.01, 215.02, 216, 218.01, and 218.02; and that area of the Feather River Air Quality Management District which is south of a line connecting the northern border of Yolo County to the southwestern tip of Yuba County, and continuing along the southern Yuba County border to Placer County. (c) Transport Identification Table OZONE IMPACTED BY TRANSPORT: AREAS OF ORIGIN OF TRANSPORT: 1. North Central Coast San Francisco Bay Area San Joaquin Valley 2. South Central Coast South Coast California Coastal Waters San Joaquin Valley San Francisco Bay Area 3. South Coast South Central Coast 4. San Diego South Coast Mexico 5. Upper Sacramento Valley Broader Sacramento Area 6. Broader Sacramento Area San Francisco Bay Area San Joaquin Valley 7. San Joaquin Valley San Francisco Bay Area Broader Sacramento Area 8. Great Basin Valleys San Joaquin Valley 9. Southeast Desert South Coast San Joaquin Valley Mexico 10. San Francisco Bay Area Broader Sacramento Area 11. Mountain Counties Broader Sacramento Area San Joaquin Valley San Francisco Bay Area 12. Salton Sea South Coast Mexico 13. North Coast San Francisco Bay Area Note: Authority cited: Sections 39600, 39601 and 39610(a), Health and Safety Code. Reference: Section 39610(a), Health and Safety Code. s 70600. Emission Control Requirements. (a) Definitions For the purpose of sections 70600 and 70601, the following definitions shall apply: (1) "all feasible measures" means air pollution control measures, including but not limited to emissions standards and limitations, applicable to all air pollution source categories under a district's authority that are based on the maximum degree of reductions achievable for emissions of ozone precursors, taking into account technological, social, environmental, energy and economic factors, including cost-effectiveness. (2) "ozone precursors" means oxides of nitrogen and reactive organic gases. (b) Specific Requirements Districts within the areas of origin of transported air pollutants, as identified in section 70500(c), shall include sufficient emission control measures in their attainment plans for ozone adopted pursuant to part 3, chapter 10 (commencing with section 40910) of division 26 of the Health and Safety Code, to mitigate the impact of pollution sources within their jurisdictions on ozone concentrations in downwind areas commensurate with the level of contribution. An upwind district shall comply with the transport mitigation planning and implementation requirements set forth in this section regardless of its attainment status, unless the upwind district complies with the requirements of section 70601. At a minimum, the attainment/transport mitigation plans for districts within the air basins or areas specified below shall conform to the following requirements: (1) Broader Sacramento Area (as defined in section 70500(b)(3)) shall: (A) require the adoption and implementation of all feasible measures as expeditiously as practicable. (B) require the adoption and implementation of best available retrofit control technology, as defined in Health and Safety Code section 40406, on all existing stationary sources of ozone precursor emissions as expeditiously as practicable. (C) require the implementation, by December 31, 2004, of a stationary source permitting program designed to achieve no net increase in the emissions of ozone precursors from new or modified stationary sources that emit or have the potential to emit 10 tons or greater per year of an ozone precursor. (D) include measures sufficient to attain the state ambient air quality standard for ozone by the earliest practicable date within the Upper Sacramento Valley and that portion of the Mountain Counties Air Basin north of the Calaveras-Tuolumne County border and south of the Sierra-Plumas County border, except as provided in Health and Safety Code section 41503(d), during air pollution episodes which the state board has determined meet the following conditions: (i) are likely to produce a violation of the state ozone standard in the Upper Sacramento Valley or that portion of the Mountain Counties Air Basin north of the Calaveras-Tuolumne County border and south of the Sierra-Plumas County border; (ii) are dominated by overwhelming pollutant transport from the Broader Sacramento Area; and (iii) are not measurably affected by emissions of ozone precursors from sources located within the Upper Sacramento Valley or that portion of the Mountain Counties Air Basin north of the Calaveras-Tuolumne County border and south of the Sierra-Plumas County border. (2) San Francisco Bay Area Air Basin shall: (A) require the adoption and implementation of all feasible measures as expeditiously as practicable. (B) require the adoption and implementation of best available retrofit control technology, as defined in Health and Safety Code section 40406, on all existing stationary sources of ozone precursor emissions as expeditiously as practicable. (C) require the implementation, by December 31, 2004, of a stationary source permitting program designed to achieve no net increase in the emissions of ozone precursors from new or modified stationary sources that emit or have the potential to emit 10 tons or greater per year of an ozone precursor. (D) include measures sufficient to attain the state ambient air quality standard for ozone by the earliest practicable date within the North Central Coast Air Basin, that portion of Solano County within the Broader Sacramento Area, that portion of Sonoma County within the North Coast Air Basin, and that portion of Stanislaus County west of Highway 33, except as provided in Health and Safety Code section 41503(d), during air pollution episodes which the state board has determined meet the following conditions: (i) are likely to produce a violation of the state ozone standard in the North Central Coast Air Basin, or that portion of Solano County within the Broader Sacramento Area, or that portion of Sonoma County within the North Coast Air Basin, or that portion of Stanislaus County west of Highway 33; (ii) are dominated by overwhelming pollutant transport from the San Francisco Bay Area Air Basin; and (iii) are not measurably affected by emissions of ozone precursors from sources located within the North Central Coast Air Basin, or that portion of Solano County within the Broader Sacramento Area, or that portion of Sonoma County within the North Coast Air Basin, or that portion of Stanislaus County west of Highway 33. (3) San Joaquin Valley Air Basin shall: (A) require the adoption and implementation of all feasible measures as expeditiously as practicable. (B) require the adoption and implementation of best available retrofit control technology, as defined in Health and Safety Code section 40406, on all existing stationary sources of ozone precursor emissions as expeditiously as practicable. (C) include measures sufficient to attain the state ambient air quality standard for ozone by the earliest practicable date within the Mojave Desert Air Basin, the Great Basin Valleys Air Basin, and that portion of the Mountain Counties Air Basin south of the Amador-El Dorado County border, except as provided in Health and Safety Code section 41503(d), during air pollution episodes which the state board has determined meet the following conditions: (i) are likely to produce a violation of the state ozone standard in the Mojave Desert Air Basin or the Great Basin Valleys Air Basin, or that portion of the Mountain Counties Air Basin south of the Amador-El Dorado County border; (ii) are dominated by overwhelming pollutant transport from the San Joaquin Valley Air Basin; and (iii) are not measurably affected by emissions of ozone precursors from sources located within the Mojave Desert Air Basin or the Great Basin Valleys Air Basin, or that portion of the Mountain Counties Air Basin south of the Amador-El Dorado County border. (4) South Central Coast Air Basin south of the Santa Barbara-San Luis Obispo County border shall, for sources located in that portion of the Basin: (A) require the adoption and implementation of all feasible measures as expeditiously as practicable. (B) require the adoption and implementation of best available retrofit control technology, as defined in Health and Safety Code section 40406, on all existing stationary sources of ozone precursor emissions as expeditiously as practicable. (5) South Coast Air Basin shall: (A) require the adoption and implementation of all feasible measures as expeditiously as practicable. (B) require the adoption and implementation of best available retrofit control technology, as defined in Health and Safety Code section 40406, on all existing stationary sources of ozone precursor emissions as expeditiously as practicable. (C) include measures sufficient to attain the state ambient air quality standard for ozone by the earliest practicable date within the South Central Coast Air Basin south of the Santa Barbara-San Luis Obispo County border, the San Diego Air Basin, the Mojave Desert Air Basin, and the Salton Sea Air Basin, except as provided in Health and Safety Code section 41503(d), during air pollution episodes which the state board has determined meet the following conditions: (i) are likely to produce a violation of the state ozone standard in the South Central Coast Air Basin south of the Santa Barbara-San Luis Obispo County border, or in the San Diego Air Basin, or in the Mojave Desert Air Basin, or in the Salton Sea Air Basin; (ii) are dominated by overwhelming pollutant transport from the South Coast Air Basin; and (iii) are not measurably affected by emissions of ozone precursors from sources located within the South Central Coast Air Basin south of the Santa Barbara - San Luis Obispo County border, or the San Diego Air Basin, or the Mojave Desert Air Basin, or the Salton Sea Air Basin. (c) Implementation (1) Prior to revising its attainment/transport mitigation plan pursuant to section 40925 of the Health and Safety Code, each district subject to the requirements set forth in section 70600(b) shall, in consultation with the downwind districts, review the list of control measures in its most recently approved attainment plan and make a finding as to whether the list of control measures meets the requirements of section 70600(b). The district shall include the finding in its proposed triennial plan revision. (2) If the ARB determines that a district's plan does not satisfy the requirements of section 40912 of the Health and Safety Code and this regulation, the Board and the district shall follow the procedures specified in section 41503.2 of the Health and Safety Code for addressing plan deficiencies. Note: Authority cited: Sections 39600, 39601 and 39610(b), Health and Safety Code. References: Sections 39610, 40912, 40913, 40921, 40924, 40925 and 41503, Health and Safety Code. s 70601. Procedure for Limiting the Application of All Feasible Measures and Best Available Retrofit Control Technology. A district may exclude one or more sources from the requirement to apply all feasible measures, best available retrofit control technology, or both, as transport mitigation pursuant to section 70600 provided that the district plan prepared pursuant to part 3, chapter 10 (commencing with section 40910) of division 26 of the Health and Safety Code and approved by the Board pursuant to part 4, chapter 1 (commencing with section 41500) of division 26 of the Health and Safety Code demonstrates that: (a) emissions from the source, because of its location, do not contribute to ozone violations in any downwind area; or (b) emissions reductions from the source are not needed to attain the ozone standard in any downwind area; or (c) the district is implementing an alternative emissions reduction strategy pursuant to section 40914 of the Health and Safety Code and demonstrates, based on the best available scientific evidence, including but not limited to air quality modeling analyses, that the strategy will be at least as effective and as expeditious as the transport mitigation requirements specified in section 70600; or (d) the most recent transport assessment demonstrates that the district's transport impact is inconsequential. Note: Authority cited: Sections 39600, 39601 and 39610(b), Health and Safety Code. Reference: Sections 39610, 40912, 40913, 40921, 40924, 40925 and 41503, Health and Safety Code. s 70700. Applicability. This subchapter shall apply to districts which have been designated nonattainment for the state ozone, carbon monoxide, nitrogen dioxide or sulfur dioxide standard under title 17, subchapter 1.5, article 3 of the California Code of Regulations, and which are subject to the attainment planning requirements set forth in sections 40910 et seq. of the California Health and Safety Code, and which must therefore account for emission reductions in their plans pursuant to section 40914. For the purposes of this subchapter, the following precursor relationships will be recognized: ozone (reactive organic gases and oxides of nitrogen); sulfur dioxide (oxides of sulfur); nitrogen dioxide (oxides of nitrogen). Note: Authority cited: Sections 39600, 39601, 39605 and 39611, Health and Safety Code. Reference: Sections 40913, 40914, 40916 and 40925, Health and Safety Code. s 70701. Definitions. (a) Actual Emissions: The estimated discharge of pollutants or pollutant precursors into the air, expressed in tons per day. (b) Anthropogenic Emissions: Emissions originating from human activity or contrivances. (c) Backcasting: The use of current emissions data and estimation methods to produce emission inventories for previous years. (d) Baseline Emission Inventory Forecast: The estimated actual, anthropogenic emission inventory for every third year after 1991 (1994, 1997, 2000, et cetera) for each nonattainment pollutant or precursor, as determined by the state board in consultation with the district. Such forecasts shall be based upon the baseline emission inventory and shall take into consideration growth projections and control factors for all adopted emission control measures. (e) Baseline Emission Inventory: The estimated actual, anthropogenic emissions of each nonattainment pollutant or its precursors, which occurred during calendar year 1987, adjusted for temporal variations in emission rates that result from differences in emission producing activities or climatic factors, as determined by the state board in consultation with the district. (f) Calculated Emission Inventory Target: The baseline emissioninventory for each nonattainment pollutant or precursor, minus the product of the baseline emission inventory times five percent (0.05) times the number of years since 1987, expressed in tons per day; i.e. Baseline - [Baseline x 0.05 (year - 1987)]. (g) Carrying Capacity: The estimated quantity of nonattainment pollutant emissions or nonattainment precursor emissions that may be emitted daily without causing an exceedence of a state ambient air quality standard in the district, and without causing or contributing to a violation of the state ozone standard in a downwind area. (h) Credited Emission Reductions: The projected reductions in actual, anthropogenic emissions attributable to the district plan, as compared to the baseline emission inventory forecast for each reporting interval. (i) Emission Changes: Any increase or decrease in actual emissions from the baseline emission inventory, expressed in tons per day. (j) Reporting Intervals: The seven year period from 1988 through 1994 and each consecutive three year period thereafter (1995-1997; 1998-2000, 2001-2003; et cetera). Note: Authority cited: Sections 39600, 39601, 39605 and 39611, Health and Safety Code. Reference: Sections 40913, 40914, 40916 and 40925, Health and Safety Code. s 70702. Required Information. Each district plan prepared pursuant to Health and Safety Code section 40910 et seq. shall include an analysis of emission changes from 1987 through at least the year 2000. The analysis shall include all of the following: (a) Consistent with Health and Safety Code section 40914(c), each district plan shall include the baseline emission inventory for each nonattainment pollutant or precursor. (b) Consistent with Health and Safety Code subsections 40913(a)(4), (6) and (7), each district plan shall include the baseline emission inventory forecast for the last year of each reporting interval, for each nonattainment pollutant or precursor, through at least the year 2000. (c) Consistent with Health and Safety Code section 40914, each district plan shall identify calculated emission inventory targets unless the Board has approved an alternative emission reduction strategy pursuant to section 40914, or the Board has approved an air-quality related indicator for use by the district pursuant to section 39607. Calculated emission inventory targets shall be provided for the last year of each reporting interval, through at least the year 2000, unless the district will reach its carrying capacity before that date, in which case the calculated emission inventory targets shall be provided up until the date carrying capacity will be reached. (d) Consistent with Health and Safety Code subsections 40913(a)(6) and (7), each district plan shall identify the credited emission reductions for each reporting interval. (e) Pursuant to Health and Safety Code section 40913(a)(6) and (7), for each control measure in the plan anticipated to be implemented within ten years of district plan adoption, the district shall specify the date of measure adoption, total emissions reduced by the measure, and to the extent available information permits, the date of implementation and the reporting interval(s) within which the emission reductions will occur. This subdivision shall not apply to any control measure included in the baseline emission inventory forecast. Note: Authority cited: Sections 39600, 39601, 39605 and 39611, Health and Safety Code. Reference: Sections 40913, 40914, 40916 and 40925, Health and Safety Code. s 70703. Emission Inventory Changes. Districts may estimate emission changes on the basis of new emissions data or new estimation methods, provided that: (1) the baseline emission inventory has first been backcast with those data and estimation methods, and (2) the baseline emission inventory forecast has been revised to reflect the new, backcasted baseline emission inventory. All changes to baseline emission inventories and baseline emission inventory forecasts are subject to approval by the board's Executive Officer. Note: Authority cited: Sections 39600, 39601, 39605 and 39611, Health and Safety Code. Reference: Sections 40913, 40914, 40916 and 40925, Health and Safety Code. s 70704. Consistency in Assumptions. Where two or more local plans are incorporated, cited, or appended to a district plan, the district shall ensure that assumptions for population, employment, industrial growth, transportation activities, energy use and other critical factors are consistent throughout the plans. Local plans include, but are not limited to regional mobility plans, congestion management plans, transportation improvement plans, and general plans. Note: Authority cited: Sections 39600, 39601, 39605 and 39611, Health and Safety Code. Reference: Sections 40913, 40914, 40916 and 40925, Health and Safety Code. Note: Authority cited: Section 39601, Health and Safety Code. Reference: Section 11385, Government Code, Sections 40001, 41500-41507, Health and Safety Code. s 80100. Purpose. The Smoke Management Guidelines for Agricultural and Prescribed Burning, henceforward referred to as Guidelines, are to provide direction to air pollution control and air quality management districts (air districts) in the regulation and control of agricultural burning, including prescribed burning, in California. The Guidelines are intended to provide for the continuation of agricultural burning, including prescribed burning, as a resource management tool, and provide increased opportunities for prescribed burning and agricultural burning, while minimizing smoke impacts on the public. The regulatory actions called for are intended to assure that each air district has a program that meets air district and regional needs. Note: Authority cited: Sections 39600, 39601, 41856 and 41859, Health and Safety Code. Reference: Sections 39011, 39053, 41850, 41856, 41857, 41859 and 41863, Health and Safety Code. s 80101. Definitions. (a) "Agricultural burning" is defined in Health and Safety Code section 39011 as follows: (1) "Agricultural burning" means open outdoor fires used in agricultural operations in the growing of crops or raising of fowl or animals, or open outdoor fires used in forest management, range improvement, or the improvement of land for wildlife and game habitat, or disease or pest prevention. (2) "Agricultural burning" also means open outdoor fires used in the operation or maintenance of a system for the delivery of water for the purposes specified in paragraph (1). (3) "Agricultural burning" also means open outdoor fires used in wildland vegetation management burning. Wildland vegetation management burning is the use of prescribed burning conducted by a public agency, or through a cooperative agreement or contract involving a public agency, to burn land predominantly covered with chaparral, trees, grass, or standing brush. Prescribed burning is the planned application of fire to vegetation to achieve any specific objective on lands selected in advance of that application. The planned application of fire may also include natural or accidental ignition. (b) "Air Pollution Control District" (APCD), "Air Quality Management District" (AQMD), "air district," or "district" means an air pollution control district or an air quality management district created or continued in existence pursuant to provisions of Health and Safety Code section 40000 et seq. (c) "Air quality" means the characteristics of the ambient air as indicated by state ambient air quality standards which have been adopted by the state board pursuant to section 39606 of the Health and Safety Code and by National Ambient Air Quality Standards which have been established pursuant to sections 108 and 109 of the federal Clean Air Act pertaining to criteria pollutants and section 169A of the federal Clean Air Act pertaining to visibility. (d) "Ambient air" means that portion of the atmosphere, external to buildings, to which the general public has access. (e) "ARB" or "state board" means the Air Resources Board. (f) "Basinwide air quality factor" means an air quality factor which equals the 4:00 am to 6:00 am two hour average soiling index (COH*10) ending at 6:00 am PST. The basinwide council may use other particulate matter measurements as an indicator of air quality if appropriate for its program. (g) "Biased Inspection Site" means an inspection site chosen, at the discretion of a field inspector, based upon the presence or anticipated presence of disease symptoms. [FN1] (h) "Burn plan" means an operational plan for managing a specific fire to achieve resource benefits and specific management objectives. The plan includes, at a minimum, the project objectives, contingency responses for when the fire is out of prescription with the smoke management plan, the fire prescription (including smoke management components), and a description of the personnel, organization, and equipment. (i) "Burn project" means an active or planned prescribed burn or a naturally ignited wildland fire managed for resource benefits. (j) "Class I Area" means a mandatory visibility protection area designated pursuant to section 169A of the federal Clean Air Act. (k) "Conditional Rice Straw Burn Permit" means a permit issued pursuant to sections 41865(f) and (h) of the Health and Safety Code by an Air Pollution Control Officer (APCO) to conduct one burn, on one field, within one year or shorter time period, as specified. ( l) "Conditional Rice Straw Burn Permit Applicant" means the individual (or his/her agent) with control over the property containing the rice fields proposed for burning. (m) "Designated agency" means any agency designated by the Air Resources Board as having authority to issue agricultural burning, including prescribed burning, permits. An air district may request such a designation for an agency. The U.S. Department of Agricultural (USDA) Forest Service and the California Department of Forestry and Fire Protection (CDF) are so designated within their respective areas of jurisdiction. (n) "Disease Significance Threshold" means an estimated amount (expressed as a percentage of diseased stems) of a qualifying disease expected to result in significant decreased grain production (during the current or next growing season). (o) "Fire protection agency" means any agency with the responsibility and authority to protect people, property, and the environment from fire, and having jurisdiction within a district or region. (p) "Forty-eight hour forecast" means a prediction of the meteorological and air quality conditions that are expected to exist for a specific prescribed burn in a specific area 48 hours from the day of the prediction. The prediction shall indicate a degree of confidence. (q) "Growing Season" means the period of time from seedbed preparation through crop harvest. (r) "Land manager" means any federal, state, local, or private entity that administers, directs, oversees, or controls the use of public or private land, including the application of fire to the land. (s) "Marginal burn day" means a day when limited amounts of agricultural burning, including prescribed burning, for individual projects in specific areas for limited times is not prohibited by the state board and burning is authorized by the district consistent with these Guidelines. (t) "National Ambient Air Quality Standards (NAAQS)" mean standards promulgated by the United States Environmental Protection Agency that specify the maximum acceptable concentrations of pollutants in the ambient air to protect public health with an adequate margin of safety, and to protect public welfare from any known or anticipated adverse effects of such pollutants (e.g., visibility impairment, soiling, harm to wildlife or vegetation, materials damage, etc.) in the ambient air. (u) "Ninety-six hour trend" means a prediction of the meteorological and air quality conditions that are expected to exist for a specific prescribed burn in a specific area 96 hours from the day of the prediction. (v) "No-burn day" means any day on which agricultural burning, including prescribed burning, is prohibited by the state board or the air district in which the burning will occur. (w) "Open burning in agricultural operations in the growing of crops or raising of fowl or animals" means: (1) The burning in the open of materials produced wholly from operations in the growing and harvesting of crops or raising of fowl or animals for the primary purpose of making a profit, of providing a livelihood, or of conducting agricultural research or instruction by an educational institution. (2) In connection with operations qualifying under paragraph (1): (A) The burning of grass and weeds in or adjacent to fields in cultivation or being prepared for cultivation. (B) The burning of materials not produced wholly from such operations, but which are intimately related to the growing or harvesting of crops and which are used in the field, except as prohibited by district regulations. Examples are trays for drying raisins, date palm protection paper, and fertilizer and pesticide sacks or containers, where the sacks or containers are emptied in the field. (x) "Particulate matter (PM)" means any airborne finely divided material, except uncombined water, which exists as a solid or liquid at standard conditions (e.g., dust, smoke, mist, fumes or smog). "PM2.5" means particles with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers. "PM10" means particles with an aerodynamic diameter less than or equal to a nominal 10 micrometers (including PM2.5). (y) "Permissive-burn day," or "burn day" means any day on which agricultural burning, including prescribed burning, is not prohibited by the state board and burning is authorized by the district consistent with these Guidelines. (z) "Pre-fire fuel treatment" means techniques which can reasonably be employed prior to prescribed burning in order to reduce the emissions that would otherwise be produced in a prescribed fire. (aa) "Prescribed burning" - see (a) (3). Tule burning in wildlands or wildland/urban interface is considered to be prescribed burning. (bb) "Prescribed fire" means any fire ignited by management actions to meet specific objectives, and includes naturally-ignited wildland fires managed for resource benefits. (cc) "Qualified Rice Disease Inspector" means any person certified in accordance with the provisions of section 81057 of this regulation, other than agricultural commissioner staff, who conducts rice disease inspections on behalf of rice growers. (dd) "Qualifying Disease" means a rice disease that may cause significant yield loss and which the Secretary for the California Department of Food & Agriculture (CDFA) finds is controlled or effectively managed by the burning of straw, provided the ARB and CDFA have not determined, in accordance with section 41865(h) of the Health and Safety Code, that there are other economically and technically feasible alternative means of elimination that are not substantially more costly to the conditional rice straw burn permit applicant. (ee) "Range improvement burning" means the use of open fires to remove vegetation for a wildlife, game, or livestock habitat or for the initial establishment of an agricultural practice on previously uncultivated land. (ff) "Region" means two or more air districts within an air basin or adjoining air basins that sign a memorandum of understanding to implement a coordinated regional smoke management program pursuant to the requirements of Article 2 of this regulation. (gg) "Residential burning" means an open outdoor fire for the disposal of the combustible or flammable solid waste of a single-or two-family dwelling on its premises. Residential burning is not considered to be prescribed burning. (hh) "Seventy-two hour outlook" means a prediction of the meteorological and air quality conditions that are expected to exist for a specific prescribed burn in a specific area 72 hours from the day of the prediction. (ii) "Smoke Management Plan" means a document prepared for each fire by land managers or fire managers that provides the information and procedures required in section 80160. (jj) "Smoke management prescription" means measurable criteria that define conditions under which a prescribed fire may be ignited, guide selection of appropriate management responses, and indicate other required actions. Prescription criteria may include, but are not limited to, minimizing smoke impacts, and safety, economic, public health, environmental, geographic, administrative, social, or legal considerations such as complying with Health and Safety Code section 41700, public nuisance statute. (kk) "Smoke Management Program" means the program defined in these Guidelines. ( ll) "Smoke sensitive areas" are populated areas and other areas where a district determines that smoke and air pollutants can adversely affect public health or welfare. Such areas can include, but are not limited to, towns and villages, campgrounds, trails, populated recreational areas, hospitals, nursing homes, schools, roads, airports, public events, shopping centers, and mandatory Class I areas. (mm) "State ambient air quality standards" means specified concentrations and durations of air pollutants which reflect the relationship between the intensity and composition of air pollution to undesirable effects, as established by the state board pursuant to Health and Safety Code section 39606. (nn) "Unbiased Inspection Site" means an inspection site at a specific location prescribed by a method that does not consider the location or anticipated location of disease symptoms. (oo) "Wildfire" means an unwanted wildland fire. (pp) "Wildland" means an area where development is generally limited to roads, railroads, power lines, and widely scattered structures. Such land is not cultivated (i.e., the soil is disturbed less frequently than once in 10 years), is not fallow, and is not in the United States Department of Agriculture (USDA) Conservation Reserve Program. The land may be neglected altogether or managed for such purposes as wood or forage production, wildlife, recreation, wetlands, or protective plant cover. For CDF only, "Wildland" as specified in California Public Resources Code (PRC) section 4464(a) means any land that is classified as a state responsibility area pursuant to article 3 (commencing with section 4125) of chapter 1, part 2 of division 4 and includes any such land having a plant cover consisting principally of grasses, forbs, or shrubs that are valuable for forage. "Wildland" also means any lands that are contiguous to lands classified as a state responsibility area if wildland fuel accumulation is such that a wildland fire occurring on these lands would pose a threat to the adjacent state responsibility area. (qq) "Wildland fire" means any non-structural fire, other than prescribed fire, that occurs in the wildland. For CDF only, "wildland fire" as specified in PRC section 4464(c) means any uncontrolled fire burning on wildland. (rr) "Wildland/urban interface" means the line, area, or zone where structures and other human development meet or intermingle with the wildland. ____________ [FN1] The terms "biased inspection site" and "unbiased inspection site" refer to inspection sites selected solely upon their biological characteristics. They could also be called "biologically biased inspection site" and "biologically unbiased inspection site" for this reason. Note: Authority cited: Sections 39600, 39601, 41856, 41859 and 41865, Health and Safety Code. Reference: Sections 39011, 39025, 39053, 41850, 41852, 41853, 41854, 41855, 41856, 41857, 41858, 41859, 41861, 41862, 41863 and 41865, Health and Safety Code. s 80102. Scope and Applicability. (a) These Guidelines apply to the Air Resources Board and all air districts in California, and regulate agricultural burning, including prescribed burning. These Guidelines are intended to provide flexibility to districts in the development and implementation of their smoke management programs. Such programs shall be developed in consultation with the ARB and focus on minimizing any significant impacts that agricultural or prescribed burning may have on air quality or public health. These Guidelines are also intended to assure adequate state oversight, including initial program approval and periodic program assessment. (b) Although any local or regional authority may establish stricter standards for the control and the regulation of agricultural burning, including prescribed burning, than those set forth in these Guidelines, no local or regional authority may ban agricultural or prescribed burning. (c) These Guidelines are not intended to permit open burning on days when such burning is prohibited by public fire protection agencies for purposes of fire control or prevention. Note: Authority cited: Sections 39600, 39601, 41856 and 41859, Health and Safety Code. Reference: Sections 41854, 41856, 41857, 41858 and 41859, Health and Safety Code. s 80110. Permissive-Burn, Marginal Burn, or No-Burn Days. (a) The ARB shall specify each day of the year as a permissive burn day, or a no-burn day for each air basin or other specified area. (b) The ARB shall announce by 3:00 p.m. every day for each of the state's air basins or other specified areas whether the following day is a permissive burn day or a no-burn day, or whether the decision will be announced the following day. If conditions preclude a forecast until the next day, the decision shall be announced by 7:45 a.m. Such notices shall be based on the Meteorological Criteria for Regulating Agricultural Burning and Prescribed Burning, set forth in sections 80179 through 80330 of these Guidelines. (c) The ARB may declare a marginal burn day if meteorological conditions approach the criteria contained in sections 80179 through 80311 for permissive burn days, and smoke impacts are not expected. A marginal burn day allows a district to authorize limited amounts of burning for individual projects in an air basin or other specified area if the air district demonstrates that smoke impacts to smoke sensitive areas are not expected as a result of that burning. The ARB shall announce by 3:00 p.m. every day for each of the state's air basins or other specified areas whether the following day is a marginal burn day, or whether the decision will be announced the following day. If conditions preclude a forecast until the next day, the decision shall be announced by 7:45 a.m. (d) Agricultural burning, including prescribed burning, is prohibited on no-burn days, except as specified in section 80120(e), section 80145(n), and section 80160(h). (e) A district and the ARB may develop mutually agreeable procedures to allow a district to demonstrate that a given day is a marginal burn day or a burn day through its own analysis of the expected meteorological conditions in the air basin and a comparison to the meteorological criteria in Article 3. Note: Authority cited: Sections 39600, 39601, 41856 and 41859, Health and Safety Code. Reference: Sections 41855, 41856, 41857, 41858, 41861 and 41862, Health and Safety Code. s 80120. Burning Permits. (a) No person shall knowingly set or allow agricultural or prescribed burning unless he or she has a valid permit from a district or designated agency. No burning shall be conducted pursuant to such permit without specific district approval consistent with these Guidelines. Burning conducted pursuant to each permit must comply with all conditions specified on the permit. A violation of this subsection is a violation of section 41852 of the California Health and Safety Code. (b) The form of burning permits shall be prepared by the air districts in consultation with the designated agencies. (c) The form of the permit shall contain the following words or words of similar import: "This permit is valid only on those days during which agricultural burning, including prescribed burning, is not prohibited by the State Air Resources Board or by an air district pursuant to section 41855 of the Health and Safety Code, and when burning on the lands identified herein has been approved by the air district." (d) Each air district shall provide the designated agencies within the district with a copy of these Guidelines, related information on state laws, air district rules and regulations, and other information as appropriate. (e) An air district may, by special permit, authorize agricultural burning, including prescribed burning, on days designated by the ARB as no-burn days if the denial of such permit would threaten imminent and substantial economic loss. In authorizing such burning, a district shall limit the amount of material which can be burned in any one day and only authorize burning which is not likely to cause or contribute to exceedences of air quality standards or result in smoke impacts to smoke sensitive areas. (f) Permits issued by designated agencies shall be subject to these Guidelines and to the rules and regulations of the district. Designated agencies shall submit to the air districts information as specified by the air district. (g) Each applicant for a permit shall provide information required by the designated agency for fire protection purposes. (h) Each applicant for a permit shall provide information requested by the district. Note: Authority cited: Sections 39600, 39601, 41856 and 41859, Health and Safety Code. Reference: Sections 41852, 41853, 41854, 41855, 41856, 41857, 41858, 41859, 41861, 41862 and 41863, Health and Safety Code. s 80130. Burning Report. (a) A report of agricultural burning, including prescribed burning, conducted pursuant to these Guidelines during each calendar year shall be submitted to the ARB by each air district within 45 days of the end of each calendar year. The report shall include the estimated tonnage or acreage of each waste type burned from open burning in agricultural operations and the estimated tonnage of waste from prescribed burning, and the county where the burning was performed. (b) A report of special permits issued pursuant to subsection (e) of section 80120 during each calendar year shall be submitted to the ARB by each air district within 45 days of the end of the calendar year. The report shall include the number of such permits issued, the date of issuance of each permit, the person or persons to whom the permit was issued, an estimate of the amount of wastes burned pursuant to the permit, and a summary of the reasons why denial of each permit would have threatened imminent and substantial economic loss, including the nature and dollar amounts of such loss. (c) The ARB Executive Officer may, on a district-by-district basis, alter the frequency or contents of the reports required pursuant to subsections (a) and (b) of this section, based on information needed to conduct or evaluate smoke management programs. The Executive Officer shall provide a justification and reasonable schedule for implementing any revisions. Note: Authority cited: Sections 39515, 39516, 39600, 39601, 41856 and 41859, Health and Safety Code. Reference: Sections 39515, 39516, 41852, 41853, 41854, 41856, 41857, 41858, 41859 and 41862, Health and Safety Code. s 80140. General. (a) Each air district shall adopt, implement and enforce a smoke management program consistent with these Guidelines. Each air district or region shall develop its smoke management program in coordination with the ARB, the appropriate fire protection agencies, the land managers having jurisdiction within the district, any other affected parties, and the public. (b) Two or more districts choosing to implement a regional smoke management program shall meet the following additional requirements: (1) Execute a signed memorandum of understanding with participating districts that sets forth procedures for the coordination, implementation, and enforcement of shared responsibilities to comply with state smoke management program requirements. (2) Describe the regional smoke management program requirements, including the following elements, in the memorandum of understanding: a list of district and region boundaries; participating federal and/or state land managers, and other local entities within the region; the decision-making structure of the regional smoke management program; and the joint workplan for implementing the regional smoke management program. (3) The regional smoke management program will include compliance provisions for each participating air district. (4) Each participating air district shall implement its responsibilities under the smoke management program in coordination with other regional air districts/burn entities. (c) The smoke management program of the Sacramento Valley is designated as a regional smoke management program. (d) Districts shall adopt the elements of their smoke management program according to the following schedule: (1) Upon the effective date of this regulation, all air districts shall implement the prescribed burning elements of their programs, including the provisions of section 80160, unless exempted pursuant to section 80170. (2) By July 1, 2001, all air districts shall adopt smoke management programs that meet all applicable requirements of this regulation. (3) The ARB may extend the scheduled dates by up to six months if an air district demonstrates that, for good cause, additional time is needed. (e) The ARB shall either approve or indicate its intent to disapprove any program, portion of a program, or amendment of a program within 120 days after submittal. (f) Prior to disapproval, the ARB Executive Officer shall confer with the air district regarding the reasons for the proposed disapproval. Following such conference, a decision to approve or disapprove the program, portion of a program, or amendment of a program shall be made by the ARB Executive Officer. (g) The air district may appeal the decision to the ARB. At the request of an air district or, in the case of a regional program, the districts in that region, the Air Resources Board itself, and not the ARB executive officer, shall hold a public hearing on the matter in the district or region affected. (h) If a program is disapproved, the ARB shall return the program to the air district(s) for amendment. The air district(s) shall amend the program to address ARB concerns within 180 days. (i) If the program or amendment of such program is disapproved, or if a program or amendment is not submitted by the specified date, the ARB, after a public hearing in the basin affected, shall adopt an alternative program. (j) The program approved pursuant to subsection (e) or adopted pursuant to subsection (i) shall be enforced by the air district(s). (k) After an air district smoke management program is approved by the ARB, amendments to the program shall be submitted to the ARB for approval, and shall not be effective until approved. Each program or amendment shall be submitted to the ARB for approval within 30 days after adoption by the district. ( l ) After an air district smoke management program is approved by the ARB and the ARB finds that changes are necessary, the ARB shall discuss the findings with the air district and, in consultation with the district, establish an appropriate schedule for revising the smoke management program. Note: Authority cited: Sections 39515, 39516, 39600, 39601, 41856 and 41859, Health and Safety Code. Reference: Sections 39515, 39516, 41856, 41859 and 41863, Health and Safety Code. s 80145. Program Elements and Requirements. The district smoke management programs shall include all of the elements in section 80145. Procedures and other requirements contained in subsections 80145(a) through (n) of this section shall be approved by district board resolutions or adopted as rules and regulations: (a) A daily burn authorization system that regulates agricultural burning, including prescribed burning, in order to minimize smoke impacts on smoke sensitive areas, avoid cumulative smoke impacts, and prevent public nuisance. The burn authorization system shall not allow more burning on a daily basis than is appropriate for the meteorological or air quality conditions. The daily burn authorization system shall specify the amount, timing and location of each burn event. The burn authorization system shall be developed by the air district in consultation with the ARB, shall be commensurate with the air quality impacts from burning, and shall consider the following factors as necessary: (1) air quality; (2) meteorological conditions expected during burning, including wind speeds and directions at the surface and aloft, and atmospheric stability; (3) types and amounts of materials to be burned; (4) location and timing of materials to be burned; (5) locations of smoke sensitive areas; and (6) smoke from all burning activities, including burning in neighboring air districts or regions which may affect the district or region. (b) If requested in writing by a district, the Executive Officer may approve an alternative burn authorization system for agricultural burning (excluding prescribed burning), provided the Executive Officer determines that the alternative system is likely to achieve the objectives of the daily burn authorization system. In making such determination, the Executive Officer shall consider the rules and regulations of the district relating to agricultural burning, historical data on the amount, types, location, and impacts of agricultural burning in the district (excluding prescribed burning), and the effectiveness of the smoke management program in place in the district, and other documentation provided by the district. The decision, along with the reasons for the decision, shall be in writing. (c) A description of the meteorological and air quality monitoring data to be used to provide data for determining the basinwide meteorological and air quality conditions. (d) A description of the personnel resources for meteorological support and burn coordination that will be used to operate the burn program. (e) Procedures for issuing notice of permissive-burn, marginal burn or no-burn days. Air districts shall coordinate these procedures with fire protection agencies. A no-burn day notice shall be issued for agricultural burning, including prescribed burning, by the air district when open burning is prohibited by fire protection agencies for fire control or prevention. (f) Procedures for issuing 48-hour forecasts, 72-hour outlooks, and 96-hour trends for specific prescribed burns. The air district may request that the ARB provide these forecasts for specific prescribed burns. (g) Procedures for authorizing burning, including a procedure for authorizing individual prescribed burns 24 hours prior to ignition of the fire, recognizing that any burn decision made 24 hours in advance is always subject to change if meteorological conditions or conditions affecting smoke dispersion are different from those anticipated. (h) Procedures for acquiring information on amounts of material burned on each day, on planned and unplanned wildland fires, and other information needed to establish the burn authorization for the following day, as specified in subsection (a). (i) Procedures for addressing cross-jurisdictional smoke impacts by coordinating with neighboring air districts, regions, or states. (j) The form of permit(s) required by subsection (c) of section 80120 and the form of the information required by subsection (f) of section 80120. (k) Procedures for enforcement. ( l ) Plans to provide for an analysis and periodic assessment of actions that are undertaken to minimize smoke through the use of pre-fire fuel treatment practices and non-burn alternatives. (m) If necessary, procedures for prioritizing agricultural burning, including prescribed burning, that districts can use to minimize smoke impacts. In considering priorities, districts shall consider the public benefits of burn projects, including safety, public health, forest health and wildfire prevention, ecological needs, economic concerns, and disease and pest prevention. Efforts to reduce smoke emissions, such as removal of excess material, shall also be considered. (n) As applicable, each district shall consider additional provisions with respect to permitting, on no-burn days, the burning of empty sacks or containers which contained pesticides or other toxic substances, providing the sacks or containers are within the definition of "open burning in agricultural operations in the growing of crops or raising of fowl or animals," as specified in section 80101(r); (o) Rules and regulations or, until April 1, 2003, other enforceable mechanisms that: (1) Require the material to be burned to be free of material that is not produced on the property or in an agricultural or prescribed burning operation. Material not to be burned includes, but is not limited to, tires, rubbish, plastic, treated wood, construction/demolition debris, or material containing asbestos. (2) Require the material to be arranged so that it will burn with a minimum of smoke, when feasible. (3) Require material to be reasonably free of dirt, soil and visible surface moisture. (4) Require the material to be dried for minimum periods with separate specifications for the following: (A) trees and large branches, (B) prunings and small branches, (C) wastes from field crops that are cut in a green condition, and (D) other materials. (5) Regulate hours of ignition and burning. (6) Limit the ignition of fires to approved ignition devices. Note: Authority cited: Sections 39600, 39601, 41856 and 41859, Health and Safety Code. Reference: Sections 40702, 41850, 41854, 41856, 41857, 41858, 41859, 41862 and 41863, Health and Safety Code. s 80150. Special Requirements for Open Burning in Agricultural Operations in the Growing of Crops or Raising of Fowl or Animals. (a) The district smoke management program shall include rules and regulations or, until April 1, 2003, other enforceable mechanisms that: (1) Require rice, barley, oat, and wheat straw to be ignited only by stripfiring into the wind or by backfiring, except under a special permit of the district issued when and where extreme fire hazards are declared by a public fire protection agency to exist, or where crops are determined by the district not to lend themselves to these techniques. (2) Require burning hours to be set so that no field crop burning shall commence before 10:00 a.m. or after 5:00 p.m. of any day, unless local conditions indicate that other hours are appropriate. (b) A district with no agricultural operations in the growing of crops or raising of fowl or animals within its jurisdiction may request to be exempted from the requirements of this section. (c) Rice Straw Burning Requirements. Districts within the boundaries of the Sacramento Valley Air Basin and the San Joaquin Valley Air Basin shall also include in the program rules and regulations that: (1) Require all rice harvesting to employ a mechanical straw spreader to ensure even distribution of the straw, except that rice straw may be left in rows, provided it meets drying time criterion prior to a burn as described in paragraph (2) below. Rice straw may also be left standing provided it is dried and meets the crackle test criteria described below prior to burning. (2) Require that after harvest no spread rice straw shall be burned prior to a three-day drying period, and no rowed rice straw shall be burned prior to a ten-day drying period, unless the rice straw makes an audible crackle when tested just prior to burning with the following testing method: When checking the field for moisture, a composite sample of straw from under the mat, in the center of the mat, and from different areas of the field shall be taken to ensure a representative sample. A handful of straw from each area will give a good indication. Rice straw is dry enough to burn if a handful of straw selected as described above crackles when it is bent sharply. (3) Require that after a rain exceeding 0.15 inch (fifteen hundredths of an inch), rice straw shall not be burned unless the straw makes an audible crackle when tested just prior to burning with the testing method described in paragraph (2), above. Note: Authority cited: Sections 39600, 39601, 41856 and 41859, Health and Safety Code. Reference: Sections 40702, 41850, 41856, 41857, 41858, 41859, 41863 and 41865, Health and Safety Code. s 80155. Sacramento Valley Basinwide Program. The Sacramento Valley Basinwide Air Pollution Control Council (Basinwide Council) shall submit a smoke management program to the ARB for review and approval. The smoke management program shall apply to all areas of the Sacramento Valley Air Basin. In addition to all other applicable requirements, it shall contain: (a) A daily basinwide acreage equation establishing a theoretical maximum daily allocation which includes a basinwide meteorological factor (B.M.F. -determined from Tables 4 and 5 of section 80320) and a basinwide air quality factor. (b) Procedures for refining the theoretical maximum allocation in order to establish an initial actual allocation, including consultation between the ARB duty meteorologist and the basin coordinator and considering additional real-time air quality and meteorological information. (c) Procedures for distributing acreage allocations to each air district. The total acreage distributed shall not exceed the initial actual allocation determined by the ARB in consultation with the basin coordinator. The program may specify procedures to update the initial actual allocation, based on real-time meteorological information and the progress of burning the initial actual allocation. (d) The hours to be permitted for burning. (e) A description of the meteorological and air quality monitoring networks to be used to provide data for determining the basinwide meteorological and air quality factors. (f) Other clarifying details mutually agreed upon by the Basinwide Council and the ARB. Note: Authority cited: Sections 39600, 39601, 41856 and 41859, Health and Safety Code. Reference: Sections 41856, 41857, 41858, 41859 and 41863, Health and Safety Code. s 80156. Conditional Rice Straw Burning Permit Program for the Sacramento Valley Air Basin. (a) The Sacramento Valley Basinwide Air Pollution Control Council (Basinwide Council) shall, by February 15, 2001, develop and submit to the state board a proposed rice straw burning permit program (program) for the issuance of conditional rice straw burning permits (permit) by the APCOs in the Sacramento Valley Air Basin. The program shall be adopted at a noticed public hearing of the Basinwide Council and shall implement and ensure compliance with the following requirements established by subdivisions (b) through (h). (b) The APCOs in the Sacramento Valley Air Basin may grant conditional rice straw burning permits only after the county agricultural commissioner has completed the following: (1) Independently determined the significant presence of a pathogen located in the field proposed for burning in the county of his/her jurisdiction in an amount sufficient to constitute a rice disease during the growing season. (2) Made a written finding, based upon the inspection results of methods specified in subdivision (e), that the existence of the pathogen will likely cause a significant, quantifiable reduction in yield in the field proposed for burning during the current or next growing season. (3) Documented each applicant's compliance with the following terms and conditions: (A) The fields proposed for burning are specifically described. (B) The applicant has not violated any provision of section 41865 of the Health and Safety Code within the previous three years. (c) In making the finding and determinations described in subdivisions (b)(1) through (b)(3), the county agricultural commissioner may accept inspection reports from qualified rice disease inspectors. Prior to making the finding, the agricultural commissioner must review and evaluate the accuracy of all inspection reports prepared by qualified rice disease inspectors and conduct field inspections to confirm results on a minimum of five (5) percent of all inspection reports. (d) Until May 31, 2003, the Basinwide Council's program shall require the county agricultural commissioners, in determining disease significance pursuant to subdivision (b)(2), to base their determinations upon the following disease significance thresholds: (1) For stem rot (Sclerotium oryzae), the disease significance threshold shall be 15 percent of the total stems sampled. (2) For aggregate sheathspot (Rhizoctonia oryzae-sativae), the disease significance threshold shall be 15 percent of the total stems sampled. (3) For neck blast (Pyricularia grisea), the disease significance threshold shall be 1.8 percent of the total stems sampled. (4) The disease significance thresholds shall be compared against inspection results averaged over the field proposed for burning, in accordance with subdivision (e). If no disease significance threshold has been specified for the disease impact being evaluated by a county agricultural commissioner, the county agricultural commissioner shall utilize professional judgement in determining the significance of disease. Beginning June 1, 2003, the Basinwide Council's program may propose alternative methods for evaluating the severity of qualifying diseases in an applicant's field. (e) The Basinwide Council shall develop detailed procedures for each inspection method proposed for adoption. Such inspection methods shall be based upon sound field sampling principles. Biased or unbiased methods, or combinations thereof, may be considered. Until May 31, 2003, the Basinwide Council's program shall comply with the requirements of paragraphs (1) through (4), below. Beginning June 1, 2003, the Basinwide Council's program may propose alternative methods for approving fields for burning based upon the presence of qualifying diseases in accordance with paragraph (4), below. (1) Stem sampling inspection procedures that combine biased and unbiased inspection sites shall include, but shall not be limited to, the following provisions: (A) Use a maximum of one (1) biased inspection site per field. (B) Collect a minimum of fifty (50) stem samples at all inspection sites. (C) Maintain a minimum ratio of biased to unbiased sampling sites of one (1) to three (3) in fields of 50 acres or less, and one (1) to five (5) in fields of greater than 50 acres. (D) Determine the percentage of diseased stems at each inspection site. (E) Sum the percentage values from paragraph (1)(D), above, and divide the sum by the total number of inspection sites to estimate the average percentage of diseased plants in the field proposed for burning. (F) Allow for a field inspector to cease sampling at any time after the first biased site if the results indicate that the field qualifies for burning even with the remaining unsampled sites assumed to equal zero percent. (G) If the field inspector elects to qualify the field using only one biased sampling site, the inspector must collect a minimum of one hundred (100) stem samples at that site. In all other sampling scenarios, the inspector shall collect a minimum of fifty samples per site. (2) Visual assessment inspection procedures shall be limited to fields with readily apparent macro disease symptoms and shall include, but shall not be limited to, the following provisions: (A) Assess and map the entire field for macro disease symptoms. (B) Inspect for micro disease symptoms at a minimum of one (1) biased site. (C) Require that a minimum of five (5) groups of at least twenty (20) plants be inspected for micro disease symptoms at each site. (D) Estimate the average percentage of diseased stems at each focussed site. (3) Soil sampling inspection procedures that combine biased and unbiased inspection sites shall be restricted to assessment of stem rot and shall include, but shall not be limited to, the following provisions: (A) Use a maximum of two (2) biased inspection sites per field. (B) Collect a minimum of eight (8) soil samples per field, each at different locations. (C) Maintain a minimum ratio of biased to unbiased sampling sites of one (1) to three (3). (D) Determine the level of disease (in terms of average viable stem rot sclerotia per gram of soil) at each inspection site. (E) Conduct the procedure in accordance with Webster's soil inoculum potential protocol for stem rot (Krause, R.A. & R.K. Webster, 1972, Mycologia 64:1333- 1337). (4) Each procedure shall include, but is not limited to, the following information: (A) Protocol for selecting inspection sites. (B) Number of required inspection sites. (C) Methods of plant/soil collection. (D) Methods of collection, counting, and scoring of rice plants. (E) Methods of collection, storage, and analysis of soil samples. (F) Procedures for calculating percentage of disease, if required, at specific inspection sites and use of this information to estimate average percentage of disease in a total field. (f) The applicant shall submit an application form to the county agricultural commissioner to request the findings of terms and conditions specified in subdivision (b). The applications shall be available for public inspection for a period of three years. Each application form shall include, but shall not be limited to, the following information: (1) Applicant's name. (2) Applicant's identification number. (3) Mailing address (property address, city, state, and zip code). (4) Business telephone and fax number. (5) Total planted rice acres. (6) Site identification, location, and field acres proposed for burning. (7) Description of diseases (type and indication of severity). (8) A statement that inspection reports are required as an attachment to the application before it can be considered complete. (9) A statement authorizing the county agricultural commissioner to inspect the sites for rice disease. (10) Signature of the applicant. (11) A place for the signature of the agricultural commissioner verifying compliance with required findings and determinations described in subdivision (b). (g) Qualified rice disease inspectors shall complete a field inspection reporting form for each inspection method and the grower shall submit the reporting form, with an application, to the county agricultural commissioner. The county agricultural commissioner must review and approve the submittal in accordance with the provisions of subdivisions (b), (c) and (d). Completed forms shall be filed in the county agricultural commissioner's office and made available for public inspection for at least three years. Each inspection form shall include, but shall not be limited to, the following information: (1) Applicant's name. (2) Applicant's identification number. (3) Mailing address (property address, city, state, and zip code). (4) Business telephone and fax number. (5) Location and description of inspected fields. (6) Acreage of area proposed for burning. (7) Description of diseases (type and indication of severity). (8) Estimated average disease infection level in the total area proposed for burning, if required. (9) Total planted rice acres. (10) Name, title, and signature of inspector. (11) Qualified rice disease inspector's certification number, if applicable. (h) Enforcement provisions shall be included to discourage false reporting. Inspectors who perform fraudulent inspections are subject to permanent revocation of certification and other penalties provided by law. Growers who file false reports shall be deemed in noncompliance with Health and Safety Code sections 41865 and 42402.2(b), and subject to penalties provided by law. Note: Authority cited: Sections 39600, 39601, 41856, 41859 and 41865, Health and Safety Code. Reference: Sections 41850, 41852, 41853, 41857, 41858, 41863 and 41865, Health and Safety Code. s 80157. Inspection Training Requirements for Conditional Rice Straw Burning Permit Program for the Sacramento Valley Air Basin. (a) The Basinwide Council, in consultation with CDFA and ARB, shall establish a program to train and certify rice disease inspectors. The training program shall be implemented through an accredited agricultural educational facility, such as, but not limited to, the University of California Cooperative Extension. Successful completion of the training course shall be a prerequisite to certification. Trainers shall be experienced agricultural professionals with extensive in-field pest inspection and identification experience. Any individual, other than agricultural commissioners and their staff, performing inspections must be trained and certified. Agricultural commissioner staff shall be encouraged, though not required, to be trained through the program. The Basinwide Council may establish minimum criteria for entrance into the training program. (b) The certifications shall be issued by the training facility, Basinwide Council, or agricultural commissioner and shall be revocable by the issuer for cause. Issuance of certification shall be based upon evidence of completion of the training program and demonstrated knowledge of the following subject matter: (1) Commonly occurring qualifying and nonqualifying rice diseases. (2) Life cycle or etiology of rice diseases. (3) Inspection methods and their statistical limitations. (4) Techniques of prioritizing suitable test methods based upon field and disease characteristics. (5) Penalties associated with fraudulent inspections and/or related documentation. (6) Estimation of acreage of fields, acreage of inspection areas, and acreage of disease infected areas. (7) Webster's stem rot disease severity quantification protocol (Krause, R.A. & R.K. Webster, 1973, Phytopathology 63: 518-523). (8) Webster's soil inoculum potential protocol for stem rot (Krause, R.A. & R.K. Webster, 1972, Mycologia 64:1333-1337). (9) Disease survey and detection techniques. (10) Visual inspection indicators, if available, that meet the disease significance thresholds defined in section 80101. Note: Authority cited: Sections 39600, 39601, 41856, 41859 and 41865, Health and Safety Code. Reference: Sections 41850, 41852, 41853, 41857, 41858, 41863 and 41865, Health and Safety Code. s 80158. Annual Reporting Requirements for Conditional Rice Straw Burning Permit Program for the Sacramento Valley Air Basin. (a) Beginning in 2002 and annually thereafter, the Basinwide Council shall submit to the ARB and CDFA, by July 15, a report on program implementation. The report shall include, but shall not be limited to, the following information, by county: (1) General assessment of program operation. (2) Total acres requested to be burned. (3) Total acres determined by county agricultural commissioners to meet the terms and conditions for burning. (4) Total acres approved for burning by the APCOs. (5) Total acres burned. (6) Total amount of planted acreage in the previous year. (7) Total amount of planted acreage in the current year. (8) Number of enforcement actions initiated for fraudulent inspections, and resolution of each. (9) Total amount of fees charged by each county agricultural commissioner. Note: Authority cited: Sections 39600, 39601, 41856, 41859 and 41865, Health and Safety Code. Reference: Sections 41850, 41852, 41853, 41857, 41858, 41863 and 41865, Health and Safety Code. s 80159. State Approval Procedures for Conditional Rice Straw Burning Permit Program for the Sacramento Valley Air Basin. (a) The Executive Officer shall approve, approve with conditions, disapprove, or indicate intent to disapprove any program, portion of a program, or amendment of a program within 90 days after submittal by the Basinwide Council. Reasons for disapproval, conditional approval, or intent to disapprove shall be provided to the Basinwide Council in writing. The Basinwide Council shall resubmit an amended plan addressing the ARB's concerns within 90 days of the ARB's communication of disapproval, conditional approval, or intent for disapproval. (b) If the Basinwide Council does not submit a program by March 1, 2001, or if the Executive Officer has not approved a program submitted by the Basinwide Council by July 15, 2001, the Air Resources Board shall develop and adopt an alternative program. An alternative program shall be adopted by the Board at a public meeting in the Sacramento Valley Air Basin. (c) An approved program may be amended by the Executive Officer with 90 days' prior written notice to, and in consultation with, the Basinwide Council. The Basinwide Council may submit proposed program amendments to the Executive Officer for approval. The Executive Officer may request the submittal of program amendments from the Basinwide Council. No program, amendments, or portion thereof shall be implemented until approved in writing by the Executive Officer. Note: Authority cited: Sections 39600, 39601, 41856, 41859 and 41865, Health and Safety Code. Reference: Sections 41850, 41852, 41853, 41857, 41858, 41863 and 41865, Health and Safety Code. s 80160. Special Requirements for Prescribed Burning and Prescribed Fires in Wildland and Wildland/Urban Interface Areas. The district smoke management programs shall include rules and regulations or, until April 1, 2003, other enforceable mechanisms that: (a) Require registration of all planned burn projects annually or seasonally, including areas considered for potential naturally-ignited wildland fires managed for resource benefits, with updates as they occur. (b) Require the submittal of smoke management plans for all burn projects greater than 10 acres in size or estimated to produce more than 1 ton of particulate matter. Smoke management plans must contain, at a minimum, the following information: (1) Location, types, and amounts of material to be burned; (2) Expected duration of the fire from ignition to extinction; (3) Identification of responsible personnel, including telephone contacts; and (4) Identification and location of all smoke sensitive areas. (c) Require that smoke management plans for burn projects greater than 100 acres in size or estimated to produce more than 10 tons of particulate matter contain, at a minimum, the information contained in subsection (b) and the following additional information: (1) Identification of meteorological conditions necessary for burning. (2) The smoke management criteria the land manager or his/her designee will use for making burn ignition decisions. (3) Projections, including a map, of where the smoke from burns are expected to travel, both day and night. (4) Specific contingency actions (such as fire suppression or containment) that will be taken if smoke impacts occur or meteorological conditions deviate from those specified in the smoke management plan. (5) An evaluation of alternatives to burning considered; if an analysis of alternatives has been prepared as part of the environmental documentation required for the burn project pursuant to the National Environmental Policy Act (NEPA) or the California Environmental Quality Act (CEQA), as applicable, the analysis shall be attached to the smoke management plan in satisfaction of this requirement. (6) Discussion of public notification procedures. (d) If smoke may impact smoke sensitive areas, require smoke management plans to include appropriate monitoring, which may include visual monitoring, ambient particulate matter monitoring or other monitoring approved by the district, as required by the district for the following burn projects: (1) projects greater than 250 acres; (2) projects that will continue burning or producing smoke overnight; (3) projects conducted near smoke sensitive areas; or (4) as otherwise required by the district. (e) Require, as appropriate, daily coordination between the land manager or his/her designee and the air district or the ARB for multi-day burns which may impact smoke sensitive areas, to affirm that the burn project remains within the conditions specified in the smoke management plan, or whether contingency actions are necessary. (f) Alternate thresholds to those specified in sections (b), (c), and (d) may be specified by a district consistent with the intent of this section. (g) Require district review and approval of smoke management plans. Districts shall provide notice to the ARB of large or multi-day burns as specified in (d) or (e) and consult with the ARB on procedures for ARB review and approval of large or multi-day burns as specified in (d) and (e). (h) Require that when a natural ignition occurs on a no-burn day, the initial "go/no-go" decision to manage the fire for resource benefit will be a "no-go" unless: (1) After consultation with the district, the district decides, for smoke management purposes, that the burn can be managed for resource benefit; or (2) For periods of less than 24 hours, a reasonable effort has been made to contact the district, or if the district is not available, the ARB. (3) After 24 hours, the district has been contacted, or if the district is not available, the ARB has been contacted and concurs that the burn can be managed for resource benefit. A "no-go" decision does not necessarily mean that the fire must be extinguished, but that the fire cannot be considered as a prescribed fire. (i) Require submittal of smoke management plans within 72 hours of the start of the fire for naturally-ignited wildland fires managed for resource benefits that are expected to exceed 10 acres in size. (j) Require the land manager or his/her designee conducting a prescribed burn to ensure that all conditions and requirements stated in the smoke management plan are met on the day of the burn event and prior to ignition. (k) Require a post-burn smoke management evaluation by the burner for fires greater than 250 acres. ( l ) Require procedures for public notification and education, including appropriate signage at burn sites, and for reporting of public smoke complaints. (m) Require vegetation to be in a condition that will minimize the smoke emitted during combustion when feasible, considering fire safety and other factors. (n) Require material to be burned to be piled where possible, unless good silvicultural practices or ecological goals dictate otherwise. (o) Require piled material to be burned to be prepared so that it will burn with a minimum of smoke. (p) Require the permit applicant to file with the district a statement from the Department of Fish and Game certifying that the burn is desirable and proper if the burn is to be done primarily for improvement of land for wildlife and game habitat. The Department of Fish and Game may specify the amount of brush treatment required, along with any other conditions it deems appropriate. Note: Authority cited: Sections 39600, 39601, 41856 and 41859, Health and Safety Code. Reference: Sections 41850, 41853, 41854, 41855, 41856, 41857, 41858, 41859, 41861, 41862 and 41863, Health and Safety Code. s 80170. Exemptions. A district with no prescribed burning in wildlands or urban interfaces within its jurisdiction may request to be exempted from the requirements of section 80160. A district may exclude specific range improvement burns for livestock habitat or the initial establishment of an agricultural practice on previously uncultivated land from the provisions of section 80160 of these Guidelines provided the air district determines that smoke impacts are not expected in smoke sensitive areas. Note: Authority cited: Sections 39600, 39601, 41852.5, 41856 and 41859, Health and Safety Code. Reference: Sections 41850, 41852.5, 41856, 41857, 41858, 41859 and 41863, Health and Safety Code. s 80175. Wildland Vegetation Management Burning. Note: Authority cited: Sections 39600, 39601, 41856 and 41859, Health and Safety Code. Reference: Sections 41856, 41857, 41858, 41859 and 41863, Health and Safety Code. s 80179. General. The ARB may use, on a test basis in cooperation with the air basin affected, for three years for developing new criteria, alternate criteria to those specified in this article to establish burn days, no-burn days, and marginal burn days. Note: Authority cited: Sections 39600, 39601, 41855, 41856 and 41859, Health and Safety Code. Reference: Sections 40702, 41850, 41855, 41856, 41857, 41858, 41859 and 41863, Health and Safety Code. s 80180. North Coast Air Basin. (a) Above 3,000 feet mean sea level [FNa1] (msl), a permissive-burn day will be declared when the following criteria are met: (1) Near 4:00 a.m., the mean 500 millibar (mb) height over the Basin is less than the limiting mean height given in Table 1 of section 80320. (2) The expected 4:00 p.m. mean 500 mb height over the Basin is less than the limiting mean height given in Table 1 of section 80320. (b) Below 3,000 feet msl [FNa1], a permissive-burn day will be declared when at least 3 of the following criteria are met: (1) Near the time of day when the surface temperature is at a minimum, the temperature at 3,000 feet above the surface is not warmer than the surface temperature by more than 10 degrees Fahrenheit, except that during July through November it is not warmer by more than 18 degrees Fahrenheit. (2) The expected daytime temperature at 3,000 feet above the surface is colder than the expected surface temperature by at least 11 degrees Fahrenheit for 4 hours. (3) The expected daytime wind speed at 3,000 feet above the surface is at least 5 miles per hour. (4) The expected daytime wind direction in the mixing layer has a component from the east and a speed of 12 miles per hour or less. [FNa1] In place of the standard 3,000 feet msl level, the elevation may be specified in increments of 500 feet on a day-to-day basis as determined from vertical temperature soundings. Note: Authority cited: Sections 39600, 39601, 41856 and 41859, Health and Safety Code. Reference: Sections 41854, 41855, 41856, 41857, 41859 and 41863, Health and Safety Code. s 80190. San Francisco Bay Area Air Basin. (a) The North Section of this basin includes Marin and Napa Counties, the San Francisco Bay Area Air Basin portions of Sonoma and Solano Counties, and that portion of Contra Costa County lying north and east of a line beginning at the intersection of Vasco Road and the Alameda County line; then north along the eastern side of Vasco Road to the intersection of Camino Diablo Road and Walnut Boulevard; then continuing north along the eastern side of Walnut Boulevard to the intersection of Marsh Creek Road; then west along the northern side of Marsh Creek Road to the intersection of Deer Valley Road; then north along the eastern side of Deer Valley Road to intersection of Lone Tree Way; then west and north along the eastern side of Lone Tree Way until it becomes "A" Street; then continuing north along the eastern side of "A" Street and its northern extension to the Sacramento County line. (b) A permissive-burn day will be declared in the North Section when the following criteria are met: (1) Near the time of day when the surface temperature is at a minimum, the temperature at 2,500 feet above the surface is not warmer than the surface temperature by more than 13 degrees Fahrenheit except that during May through September it is not warmer by more than 18 degrees Fahrenheit. (2) The expected daytime temperature at 2,500 feet above the surface is colder than the expected surface temperature by at least 10 degrees Fahrenheit for 4 hours. (3) The expected daytime wind speed at 3,000 feet above the surface is at least 5 miles per hour. (c) The South Section of this basin includes San Francisco, San Mateo, Santa Clara and Alameda Counties, and that portion of Contra Costa County lying south and west of a line beginning at the intersection of Vasco Road and the Alameda County line; then north along the eastern side of Vasco Road to the intersection of Camino Diablo Road and Walnut Boulevard; then continuing north along the eastern side of Walnut Boulevard to the intersection of Marsh Creek Road; then west along the northern side of Marsh Creek Road to the intersection of Deer Valley Road; then north along the eastern side of Deer Valley Road to the intersection of Lone Tree Way; then west and north along the eastern side of Lone Tree Way until it becomes "A" Street; then continuing north along the eastern side of "A" Street and its northern extension to the Sacramento County Line. (d) A permissive-burn day will be declared in the South Section when the following criteria are met: (1) Near the time of day when the surface temperature is at a minimum, the temperature at 2,500 feet above the surface is not warmer than the surface temperature by more than 11 degrees Fahrenheit except that during May through September it is not warmer by more than 16 degrees Fahrenheit. (2) The expected daytime temperature at 2,500 feet above the surface is colder than the expected surface temperature by at least 10 degrees Fahrenheit for 4 hours. (3) The expected daytime wind speed at 3,000 feet above the surface is at least 5 miles per hour. Note: Authority cited: Sections 39600, 39601, 41856 and 41859, Health and Safety Code. Reference: Sections 41854, 41855, 41856, 41857, 41859 and 41863, Health and Safety Code. s 80200. North Central Coast Air Basin. (a) Above 3,000 feet msl [FNa1], a permissive-burn day will be declared when the following criteria are met: (1) Near 4:00 a.m., the mean 500 mb (mb is millibar (mb) height over the Basin is less than the limiting mean height given in Table 2 of section 80320. (2) The expected 4:00 p.m. mean 500 mb height over the Basin is less than the limiting mean height given in Table 2 of section 80320. (b) Below 3,000 feet msl [FNa1] in the Northwest Section of this Basin (including Santa Cruz County and that portion of San Benito and Monterey Counties north and west of a line beginning at the intersection of Highway 156 and the Santa Clara/San Benito Counties line; then continuing southerly along Highway 156 to the intersection of Fairview Road; then southerly along Fairview Road to the intersection of Highway 25; then southwesterly to Fremont Peak; then southeasterly along the crest of the Gabilan Range to McPhails Peak; then southwesterly through the middle of Chualar Canyon into the Salinas Valley, along Chualar Canyon Road, and continuing to Mt. Toro; then southeasterly along the crest of the Sierra de Salinas to Arroyo Seco Road; then west southwesterly along Arroyo Seco Road to Arroyo Center; from there westerly to Pfeiffer Point on the Pacific Ocean), a permissive-burn day will be declared when the following criteria are met: (1) The maximum mixing depth is expected to be at least 1,500 feet msl. (2) The expected daytime resultant wind speed in the mixing layer is at least five miles per hour. (c) Below 3,000 feet msl [FNa1] in the Southeast Section of this Basin (including that portion of San Benito and Monterey Counties south and east of a line beginning at the intersection of Highway 156 and the Santa Clara/San Benito Counties line; then continuing southerly along Highway 156 to the intersection of Fairview Road; then southerly along Fairview Road to the intersection of Highway 25; then southwesterly to Fremont Peak; then southeasterly along the crest of the Gabilan Range to McPhails Peak; then southwesterly through the middle of Chualar Canyon into the Salinas Valley, along Chualar Canyon Road, and continuing to Mt. Toro; then southeasterly along the crest of the Sierra de Salinas to Arroyo Seco Road; then west southwesterly along Arroyo Seco Road to Arroyo Center; from there westerly to Pfeiffer Point on the Pacific Ocean), a permissive-burn day will be declared when the following criteria are met: (1) The maximum mixing depth is expected to be at least 1,500 feet msl. (2) The expected daytime resultant wind speed in the mixing layer is at least five miles per hour. [FNa1] In place of the standard 3,000 feet msl level, the elevation may be specified in increments of 500 feet on a day-to-day basis as determined from vertical temperature soundings. Note: Authority cited: Sections 39600, 39601, 41856 and 41859, Health and Safety Code. Reference: Sections 41854, 41855, 41856, 41857, 41859 and 41863, Health and Safety Code. s 80210. South Central Coast Air Basin. (a) Above 3,000 feet mean sea level [FNa1] (msl), a permissive-burn day will be declared when both of the following criteria are met: (1) Near 4:00 a.m., the mean 500 millibar (mb) height over the Basin is less than the limiting mean height given in Table 2 of section 80320. (2) The expected 4:00 p.m. mean 500 mb height over the Basin is less than the limiting mean height given in Table 2 of section 80320. (b) Below 3,000 feet msl [FNa1] in Ventura County and that portion of Santa Barbara County south of a line described as follows: Beginning at the Pacific Ocean outfall of Jalama Creek and running east and north along Ja- lama Creek to a point of intersection with the west boundary of the San Julian Land Grant; then south along the San Julian Land Grant boundary to its southwest corner; then east along the south boundary of the San Julian Land Grant to the northeast corner of partial Section 20, T. 5 N, R. 32 W, San Bernardino Base and Meridian; then south and east along the boundary of the Las Cruces Land Grant to the southwest corner of partial Section 22, T. 5 N, R. 32 W; then northeast along the Las Cruces Land Grant boundary; then east along the north boundaries of Section 13, T. 5 N, R. 32 W, and Sections 18, 17, 16, 15, 14, 13, T. 5 N, R. 31 W, and Sections 18, 17, 16, 15, 14, 13, T. 5 N, R. 30 W, and Sections 18, 17, 16, 15, T. 5 N, R. 29 W; then south along the east boundary of Section 15, T. 5 N, R. 29 W; then east along the north boundaries of Sections 23 and 24, T. 5 N, R. 29 W, and Sections 19, 20, 21, 22, 23, 24, T. 5 N, R. 28 W, and Sections 19 and 20, T. 5 N, R. 27 W; then south along the east boundary of Section 20, T. 5 N, R. 27 W; then east along the north boundaries of Sections 28, 27, 26, 25, T. 5 N, R. 27 W and Section 30, T. 5 N, R. 26 W; then south along the east boundary of Section 30, T. 5 N, R. 26 W; then east along the north boundaries of Sections 32, 33, 34, 35, T. 5 N, R. 26 W; then south along the east boundary of Section 35, T. 5 N, R. 26 W to the township line common to T. 4 N and T. 5 N; then east along this township line to the Santa Barbara-Ventura County boundary; a permissive burn day will be declared when both of the following criteria are met: (1) The maximum mixing depth is expected to be at least 1,500 feet msl. (2) The expected afternoon onshore airflow is expected to be at least five miles per hour. (c) Below 3,000 feet msl [FNa1] in San Luis Obispo County and that portion of Santa Barbara County north of the line described in (b) above, a permissive burn day will be declared when both of the following criteria are met: (1) The maximum mixing depth is expected to be at least 1,500 feet msl. (2) The expected afternoon onshore airflow is expected to be at least five miles per hour. [FNa1] In place of the standard 3,000 feet msl level, the elevation may be specified in increments of 500 feet on a day-to-day basis as determined from vertical temperature soundings. Note: Authority cited: Sections 39600, 39601, 41856 and 41859, Health and Safety Code. Reference: Sections 41850, 41854, 41855, 41856, 41857, 41858, 41859 and 41863, Health and Safety Code. s 80220. South Coast Air Basin. (a) A permissive-burn day will be declared when at least one of the following criteria is met: (1) The expected height of the inversion base, if any, near 6:00 a.m. at Los Angeles International Airport is 1,500 feet msl or higher. (2) The expected maximum mixing height during the day is above 3,500 feet above the surface. (3) The expected mean surface wind between 6:00 a.m. and noon is greater than five miles per hour. Note: Authority cited: Sections 39600, 39601, 41856 and 41859, Health and Safety Code. Reference: Sections 41854, 41855, 41856, 41857, 41859 and 41863, Health and Safety Code. s 80230. San Diego Air Basin. Except that portion which lies east of a line beginning at the U.S.-Mexico border and running north along the range line common to R. 7 E and R. 6 E, San Bernardino Base and Meridian; to the southeast corner of T. 16 S, and R. 6 E; then west along the township line common to T. 16 S and T. 17 S to the southwest corner of T. 16 S, R. 6 E; then north along the range line common to R. 6 E and R. 5 E to the southeast corner of T. 14 S, R. 5 E; then west along the township line common to T. 14 S and T. 15 S to the point of intersection with the east boundary of Cuyamaca Park; then north along the east boundary of Cuyamaca Park to the point of intersection with the range line common to R. 5 E and R. 4 E; then north along this range line to the point of intersection with the south boundary of the San Felipe Land Grant; then east and north along the land grant boundary to the eastern most corner; then continuing west and north along the land grant boundary to the point of intersection with the range line common to R. 5 E and R. 4 E; then north along this range line to the point of intersection with the township line common to T. 10 S and T. 9 S; then west along this township line to the point of intersection with the range line common to R. 4 E and R. 3 E; then north along this range line to the San Diego-Riverside County boundary. Criteria for this portion are those of the Salton Sea Air Basin. (a) A permissive-burn day will be declared when the following criteria are met: (1) Above 3,000 feet msl [FNa1]: (A) Near 4:00 a.m., the inversion top is less than 3,000 feet msl or the temperature difference through the inversion is less than seven degrees Fahrenheit. (B) The expected daytime resultant wind speed between 3,000 and 6,000 feet msl is at least 5 miles per hour. (2) Below 3,000 feet msl [FNa1]: (A) The maximum mixing depth is expected to be at least 1,500 feet msl. (B) The expected daytime resultant wind direction in the marine layer has a westerly component. (C) The expected daytime resultant wind speed in the marine layer is at least five miles per hour. [FNa1] In place of the standard 3,000 feet msl level, the elevation may be specified in increments of 500 feet on a day-to-day basis as determined from vertical temperature soundings. Note: Authority cited: Sections 39600, 39601, 41856 and 41859, Health and Safety Code. Reference: Sections 41854, 41855, 41856, 41857, 41859 and 41863, Health and Safety Code. s 80240. Northeast Plateau Air Basin. (a) A permissive-burn day will be declared when the following criteria are met: (1) Near 4:00 a.m., the mean 500 mb height over the Basin is less than the limiting mean height given in Table 1 of section 80320. (2) The expected 4:00 p.m. mean 500 mb height over the Basin is less than the limiting mean height given in Table 1 of section 80320. Note: Authority cited: Sections 39600, 39601, 41856 and 41859, Health and Safety Code. Reference: Sections 41854, 41855, 41856, 41857, 41859 and 41863, Health and Safety Code. s 80250. Sacramento Valley Air Basin. (a) Above 3,000 feet msl [FNa1], a permissive-burn day will be declared when the following criteria are met: (1) Near 4:00 a.m., the mean 500 mb height over the Basin is less than the limiting mean height given in Table 1 of section 80320. (2) The expected 4:00 p.m. mean 500 mb height over the Basin is less than the limiting mean height given in Table 1 of section 80320. (b) Below 3,000 feet msl [FNa1], a permissive-burn day will be declared when the daily basinwide acreage allocation is greater than zero acreage. This allocation shall be determined daily by the state board and will vary with the existing and projected meteorology and air quality. The basinwide allocation shall be calculated from the basinwide acreage allocation equation contained in the approved approved Smoke Management Program required in section 80155. (c) Special situations in the Basin are: (1) If, when a no-burn day decision is declared, the state ambient air quality standard for ozone, carbon monoxide, suspended particulate matter (PM10), or visibility is expected to be exceeded during the valid period, a note to this effect shall be appended to the announcement. (2) A permissive-burn or no-burn day decision that has been announced may be changed by the Air Resources Board at any time prior to 10:00 a.m. if the meteorological and air quality situation that actually unfolds so warrants it. [FNa1] In place of the standard 3,000 feet msl level, the elevation may be specified in increments of 500 feet on a day-to-day basis as determined from vertical temperature soundings. Note: Authority cited: Sections 39600, 39601, 41856 and 41859, Health and Safety Code. Reference: Sections 41855, 41856, 41857, 41859 and 41863, Health and Safety Code. s 80260. San Joaquin Valley Air Basin. (a) The North Section of this basin includes San Joaquin, Stanislaus, and Merced Counties. (b) A permissive-burn day will be declared in the North Section when the following criteria are met: (1) Near the time of day when the surface temperature is at a minimum, the temperature at 3,000 feet above the surface is not warmer than the surface temperature by more than 13 degrees Fahrenheit. (2) The expected daytime temperature at 3,000 feet above the surface is colder than the expected surface temperature by at least 11 degrees Fahrenheit for 4 hours. (3) The expected daytime wind speed at 3,000 feet above the surface is at least 5 miles per hour. (c) The South Section of this basin includes Madera, Fresno, Kings, and Tulare Counties, and the San Joaquin Valley Air Basin portion of Kern County. (d) A permissive-burn day will be declared in the South Section when the following criteria are met: (1) Above 3,000 feet msl [FNa1]: (A) Near 4:00 a.m., the mean 500 mb height over the Basin is less than the limiting mean height given in Table 2 of section 80320. (B) The expected 4:00 p.m. mean 500 mb height over the Basin is less than the limiting mean height given in Table 2 of section 80320. (2) Below 3,000 feet msl [FNa1]: (A) Near the time of day when the surface temperature is at a minimum, the temperature at 3,000 feet above the surface is not warmer than the surface temperature by more than 13 degrees Fahrenheit. (B) The expected daytime temperature at 3,000 feet above the surface is colder than the expected surface temperature by at least 11 degrees Fahrenheit for 4 hours. (C) The expected daytime wind speed at 3,000 feet above the surface is at least 5 miles per hour. (e) Special situations in the Basin are: (1) If, when a no-burn day decision is declared, the state ambient air quality standard for ozone, carbon monoxide, suspended particulate matter (PM10) or visibility is expected to be exceeded during the valid period, a note to this effect shall be appended to the announcement. (2) A permissive-burn or no-burn day decision that has been announced may be changed by the Air Resources Board at any time prior to 10:00 a.m. if the meteorological and air quality situation that actually unfolds so warrants it. (3) A conditional permissive-burn day may be declared in the North Section of the Air Basin during the months of November through February for the burning of almond and walnut prunings (from not more than 300 acres of orchard in each county) following three or more consecutive no-burn days, provided that two of the three criteria set forth in section 80260(b) for permissive-burn days are met, and provided further that the state board determines that under expected meteorological conditions the burning of such prunings will not have an adverse effect on air quality. --------- [FNa1] In place of the standard 3,000 feet msl level, the elevation may be specified in increments of 500 feet on a day-to-day basis as determined from vertical temperature soundings. Note: Authority cited: Sections 39600, 39601, 41856 and 41859, Health and Safety Code. Reference: Sections 41854, 41855, 41856, 41857, 41859 and 41863, Health and Safety Code. s 80270. Great Basin Valleys Air Basin. (a) A permissive-burn day will be declared when the following criteria are met: (1) Near 4:00 a.m., the mean 500 mb height over the Basin is less than the limiting mean height given in Table 2 of section 80320. (2) The expected 4:00 p.m. mean 500 mb height over the Basin is less than the limiting mean height given in Table 2 of section 80320. Note: Authority cited: Sections 39600, 39601, 41856 and 41859, Health and Safety Code. Reference: Sections 41854, 41855, 41856, 41857, 41859 and 41863, Health and Safety Code. s 80280. Salton Sea Air Basin. (a) For the Salton Sea Air Basin and that portion of the San Diego Air Basin which lies east of a line beginning at the U.S.-Mexico border and running north along the range line common to R. 7 E and R. 6 E, San Bernardino Base and Meridian; to the southeast corner of T. 16 S, R. 6 E; then west along the township line common to T. 16 S and T. 17 S to the southwest corner of T. 16 S, R. 6 E; then north along the range line common to R. 6 E and R. 5 E to the southeast corner of T. 14 S, R. 5 E; then west along the township line common to T. 14 S and T. 15 S to the point of intersection with the east boundary of Cuyamaca Park; then north along the east boundary of Cuyamaca Park to the point of intersection with the range line common to R. 5 E and R. 4 E; then north along this range line to the point of intersection with the south boundary of the San Felipe Land Grant; then east and north along the land grant boundary to the easternmost corner; then continuing west and north along the land grant boundary to the point of intersection with the range line common to R. 5 E and R 4 E; then north along this range line to the point of intersection with the township line common to T. 10 S and T. 9 S; then west along this township line to the point of intersection with the range line common to R. 4 E and R. 3 E; then north along this range line to the San Diego-Riverside County boundary. (b) A permissive-burn day will be declared when at least three of the following criteria are met: (1) Near the time of day when the surface temperature is at a minimum, the temperature at 3,000 feet above the surface is not warmer than the surface temperature by more than 13 degrees Fahrenheit. (2) The expected temperature at 3,000 feet above the surface is colder than the expected surface temperature by at least 11 degrees Fahrenheit for 4 hours. (3) The expected daytime wind speed at 3,000 feet above the surface is at least 5 miles per hour. (4) The expected daytime wind direction in the mixing layer is not southeasterly. Note: Authority cited: Sections 39600, 39601, 41856 and 41859, Health and Safety Code. Reference: Sections 41854, 41855, 41856, 41857, 41859 and 41863, Health and Safety Code. s 80290. Mountain Counties Air Basin. (a) A permissive-burn day will be declared when the following criteria are met: (1) Near 4:00 a.m., the mean 500 mb height over the Basin is less than the limiting mean height given in Table 1 of section 80320. (2) The expected 4:00 p.m. mean 500 mb height over the Basin is less than the limiting mean height given in Table 1 of section 80320. Note: Authority cited: Sections 39600, 39601, 41856 and 41859, Health and Safety Code. Reference: Sections 41854, 41855, 41856, 41857, 41859 and 41863, Health and Safety Code. s 80300. Lake County Air Basin. (a) A permissive-burn day will be declared when the following criteria are met: (1) Near the time of day when the surface temperature is at a minimum, the temperature at 3,000 feet above the surface is not warmer than the surface temperature by more than 10 degrees Fahrenheit, except that during July through November it is not warmer by more than 18 degrees Fahrenheit. (2) The expected daytime temperature at 3,000 feet above the surface is colder than the expected surface temperature by at least 11 degrees Fahrenheit for 4 hours. (3) The expected daytime wind speed at 3,000 feet above the surface is at least 5 miles per hour. Note: Authority cited: Sections 39600, 39601, 41856 and 41859, Health and Safety Code. Reference: Sections 41854, 41855, 41856, 41857, 41859 and 41863, Health and Safety Code. s 80310. Lake Tahoe Air Basin. (a) A permissive-burn day will be declared when the following criteria are met: (1) Near 4:00 a.m., the mean 500 mb height over the Basin is less than the limiting mean height given in Table 3 of section 80320. (2) The expected 4:00 p.m. mean 500 mb height over the Basin is less than the limiting mean height given in Table 3 of section 80320. Note: Authority cited: Sections 39600, 39601, 41856 and 41859, Health and Safety Code. Reference: Sections 41854, 41855, 41856, 41857, 41859 and 41863, Health and Safety Code. s 80311. Mojave Desert Air Basin. (a) A permissive-burn day will be declared when the following criteria are met: (1) Near the time of day when the surface temperature is at a minimum, the temperature at 3,000 feet above the surface is not warmer than the surface temperature by more than 13 degrees Fahrenheit. (2) The expected temperature at 3,000 feet above the surface is colder than the expected surface temperature by at least 11 degrees Fahrenheit for 4 hours. (3) The expected daytime wind speed at 3,000 feet above the surface is at least 5 miles per hour. Note: Authority cited: Sections 39600, 39601, 41856 and 41859, Health and Safety Code. Reference: Sections 41854, 41855, 41856, 41857, 41859 and 41863, Health and Safety Code. s 80320. Tables Referred to in Articles 2 and 3. Limiting Mean 500-Millibar Heights [FNa1] by Month Month Table 1 [FNa1] Table 2 [FNa1] Table 3 [FNa1] January 5710 [FNa1]2 5750 [FNa1] 5630 [FNa1] February 5710 5740 5620 March 5710 5740 5630 April 5720 5760 5660 May 5770 5800 5710 June 5820 5850 5780 July 5850 5880 5830 August 5870 5880 5840 September 5850 5870 5810 October 5820 5850 5760 November 5770 5810 5700 December 5730 5780 5630 [FNa1] All heights in meters. Agricultural Burn Meteorological Factors (Sacramento Valley Air Basin) Table 4 Table 5 A.M. STABILITY WIND SPEED o<> F M.F. MPH M.F. >17 0.0 0 to 2 0.0 15 or 16 0.1 3 0.1 13 or 14 0.2 4 0.2 Table 4 Table 5 A.M. STABILITY WIND SPEED 11 or 12 0.3 5 0.3 9 or 10 0.4 6 0.4 7 or 8 0.5 7 0.5 5 or 6 0.6 8 0.6 3 or 4 0.7 9 0.7 1 or 2 0.8 10 0.8 0 or (-1) 0.9 11 0.9 <(-2) 1.0 >12 1.0 The basinwide meteorological factor (B.M.F.) is equal to the arithmetic mean of the meteorological factors (M.F.) from Tables 4 and 5. A.M. Stability: 3,000-foot temperature (a.m.) (o<>) minus surface minimum temperature (o<>F). Wind Speed: Surface to 3,000 feet average wind speed (mph). Note: Authority cited: Sections 39600, 39601, 41856 and 41859, Health and Safety Code. Reference: Sections 41855, 41856, 41857 and 41859, Health and Safety Code. s 80330. General Criteria for Announcement of Permissive Burn, Marginal Burn or No-Burn Day. Notwithstanding the criteria listed in the preceding for each air basin, the Air Resources Board may announce permissive-burn, marginal burn, or no-burn days based on expected meteorological conditions and on the estimated effect on air quality of the agricultural burning and prescribed burning. Note: Authority cited: Sections 39600, 41856 and 41859, Health and Safety Code. Reference: Sections 41854, 41855, 41856, 41857, 41859 and 41863, Health and Safety Code. s 85000. Compliance Schedule for United States Navy Vessels. Note: Authority cited: Sections 39600, 39601 and 41704.5, Health and Safety Code. Reference: Sections 41701, 41704(j), 41704(k) and 41704.5, Health and Safety Code. s 86000. Amendments to New and Modified Stationary Source Review Rules for San Joaquin, Stanislaus, Merced, Madera, Fresno, Tulare, Kings and Kern County Air Pollution Control Districts. Note: Authority cited: Sections 39002, 29600, 39601, 41502 and 40504, Health and Safety Code. Reference: Sections 40001, 41500, 40504 and 41505, Health and Safety Code; and Avco Community Developers, Inc. v. South Coast Regional Com. (1976) 17 Cal.3d 785. s 86500. Large Confined Animal Facility. A large confined animal facility shall mean: (a) In any area designated as a federal ozone nonattainment area as of January 1, 2004, any confined animal facility that maintains on any one day: (1) 1,000 or more milk-producing dairy cows; (2) 3,500 or more beef cattle; (3) 7,500 or more calves, heifers, or other cattle; (4) 100,000 or more turkeys; (5) 650,000 or more chickens other than laying hens (6) 650,000 or more laying hens (7) 3,000 or more swine; (8) 15,000 or more sheep, lambs, or goats; (9) 2,500 or more horses; (10) 650,000 or more ducks; or (11) 30,000 or more rabbits or other animals. (b) In any area other than an area described in subsection (a) above, any confined animal facility that maintains on any one day: (1) 2,000 or more milk-producing dairy cows; (2) 7,000 or more beef cattle; (3) 15,000 or more calves, heifers, or other cattle; (4) 200,000 or more turkeys; (5) 1,300,000 or more chickens other than laying hens (6) 1,300,000 or more laying hens (7) 6,000 or more swine; (8) 30,000 or more sheep, lambs, or goats; (9) 5,000 or more horses; (10) 1,300,000 or more ducks; or (11) 60,000 or more rabbits or other animals. Note: Authority cited: Sections 39600, 39601 and 40724.6, Health and Safety Code. Reference: Sections 39011.5 and 40724.6, Health and Safety Code. s 86501. Recordkeeping and Reporting Requirements. Beginning July 1, 2006, the owner or operator of a large confined animal facility under Section 86500 shall be required to keep records that specify the numbers of animals maintained daily and such other information as may be required by air pollution control district or air quality management district rules. Such records shall be maintained at a central place of business for a period of not less than three years and shall be made available upon request to the Executive Officer or Air Pollution Control Officer or their representative. Note: Authority cited: Sections 39600, 39601 and 40724.6, Health and Safety Code. Reference: Sections 39011.5 and 40724.6, Health and Safety Code. s 90050. Scope and Purpose. The regulations set forth in this subchapter shall supplement provisions in the Mulford-Carrell Air Resources Act (Division 26 of the Health and Safety Code), particularly Part 2, Chapter 5 (Sections 39800 et seq. ) and Part 1, Chapter 2 (Sections 39010 et seq., "Definitions") with regard to the air pollution control subvention program. Note: Authority cited: Sections 39600, 39601 and 39801, Health and Safety Code. Reference: Sections 39801-39804, Health and Safety Code. s 90100. Definitions. (a) "Air pollution control program" means the aggregate of all of the activities within a district or in support of a district's effort to control air pollution and to fulfill its obligations under the law. (b) "Basinwide air pollution control plan" means the plan prepared and submitted by the control council of each air basin, or, where one district includes an entire air basin, by such district, as approved by the Air Resources Board pursuant to Section 41500, 41600, or 41602 of the Health and Safety Code. (c) "Control Council" means a basinwide air pollution control council established pursuant to Section 40900 of the Health and Safety Code. (d) "Dollars budgeted" means monies derived from revenue sources within a district for use in the district's air pollution control program as shown in the district's adopted budget and subvention application. (e) "Executive Officer" means the executive officer of the Air Resources Board, or his or her delegate. (f) "Fiscal year" means the 12-month period from July 1 of one year through June 30 of the following year. (g) "Implementation program" means a district's program to implement the basinwide air pollution control plan. (h) "Quarter" means any three month period ending March 31, June 30, September 30, or December 31. (i) "Quorum" means (1) more than one-half of the total membership; or (2) one-half of the total membership if all the districts in the basin have agreed by formal resolution to abide by the actions of such a quorum; such resolutions may specify that such actions must be unanimous. (j) "Subvention year" means the fiscal year for which a subvention is to apply. Note: Authority cited: Sections 39600, 39601 and 39801, Health and Safety Code. Reference: Sections 39515, 39516, 39800 and 39801, Health and Safety Code. s 90110. Types of Subventions. (a) "Coordinated subvention" means a subvention authorized by Section 39802 of the Health and Safety Code. Such a subvention may be granted to a district participating in a coordinated basinwide program. A district satisfying either of the following conditions will be considered to be participating in a coordinated basinwide program, provided that when a district lies in more than one air basin, only the portion(s) of the district which satisfies either of these conditions shall be considered to be participating in such a program. (1) A district which includes an entire air basin. (2) Two or more districts which together include an entire air basin, and which meet the following requirements: (A) The rules and regulations except for administrative procedures are uniform among all districts and are consistent with the approved nonattainment plan for each district's area. For any air basin where the control council has determined that identical rules and regulations throughout the entire air basin are not necessary for uniformity, the control council may divide the air basin into zones within which equivalent rules and regulations will be required. For the purposes of this subsection, equivalent rules and regulations means rules and regulations which effect the same degree of control. In establishing such zones, the control council shall consider topography, meteorology, population distribution, and air quality; (B) The control council shall meet as often as necessary for the transaction of business, but not less than once per quarter except as provided for below. The control council of any air basin consisting solely of districts in the rural category may establish an equivalent procedure for basinwide consideration of policy matters and shall meet within 30 days after it has been requested to meet by the executive officer or by a member of the council. For the purposes of this Subdivision a quorum must be present in order to constitute a meeting. Copies of the minutes of each meeting shall be submitted to the executive officer within 30 days after the date of the meeting; and (C) The districts shall be parties to one joint powers agreement or other enforceable agreement acceptable to the executive officer. The agreement shall specifically provide for the following: 1. The sharing of qualified air pollution personnel and equipment in a manner which results in the effective use of the basin wide resources and ensures that all districts in the air basin will maintain a program satisfying the applicable evaluation criteria. Such sharing shall be subject to a method for compensation for the cost of shared personnel and equipment mutually agreed on by the districts. Nothing in this subchapter shall preclude the payment by a district of subvention funds as compensation to other districts to cover costs of shared personnel or equipment use. Subvention funds received by a district under such agreements or contracts, however, may not be counted as matching funds in computing the district's subvention; 2. Interdistrict coordination of activities including enforcement; air monitoring; engineering; and, if required by the State Implementation Plan, traffic and land use planning; and 3. Implementation of the State Air Pollution Emergency plan, where applicable. (b) "Individual subvention" means a subvention authorized by Section 39803 of the Health and Safety Code. (c) "Special subvention" means a subvention authorized by Section 39804 of the Health and Safety Code. Such a subvention may be granted to a district participating in a coordinated basinwide program as described in subsection (a) of this section and lying in an air basin whose population is less than 98,000. If the funding limit specified in Section 39804 of the Health and Safety Code is increased pursuant to Section 39805 of the Health and Safety Code, the per capita funds budgeted by each district necessary to qualify for a special subvention shall be increased by the same proportion. The sum of the special subventions for which the districts in an air basin shall be eligible shall not exceed the amount equal to the difference between (1) the current maximum special subvention funding limit, established by Section 39804 of the Health and Safety Code or pursuant to Section 39805 of the Health and Safety Code, and (2) the current special subvention per capita rate, established by Section 39804 of the Health and Safety Code or pursuant to this subsection, multiplied by the basin population. The sum of the special subventions in an air basin shall be prorated according to population among the districts in the air basin. (d) "Supplemental subvention" means a subvention authorized by Section 39810 of the Health and Safety Code. Dollars budgeted by the district which are needed to qualify for a coordinated, individual, or special subvention, may not be used to qualify for a supplemental subvention. A supplemental subvention shall not be approved for any district which has not, for the same fiscal year, been granted a coordinated, individual, or special subvention. Note: Authority cited: Sections 39600, 39601 and 39801, Health and Safety Code. Reference: Sections 39515, 39801-39804 and 39810, Health and Safety Code. s 90115. Evaluation Criteria. The state board staff shall develop in cooperation with the districts and the state board shall adopt evaluation criteria for each category established in Section 90120 which are appropriate to determine, in accordance with Section 39806 of the Health and Safety Code, whether districts are engaged in the reduction of air contaminants pursuant to the basinwide air pollution control plan and related implementation programs. The evaluation criteria are set forth in the Air Resources Board's "Evaluation Criteria for Air Pollution Control Districts Participating in the Subvention Program," adopted on April 23, 1981, and amended May 27, 1983. Revisions to the evaluation criteria shall be considered by the state board when the state board or the executive officer determines that revisions are appropriate, or when an air basin control council or a district which includes an entire air basin makes a request for revisions to the state board. When such a request is made by a basin control council or district, the state board shall hold a public hearing not later than April of the next calendar year to consider the proposed revisions to the evaluation criteria. Note: Authority cited: Sections 39600, 39601 and 39801, Health and Safety Code. Reference: Sections 39801 and 39806, Health and Safety Code. s 90120. District Categories. The state board shall classify districts by the following categories for the purpose of establishing evaluation criteria based on the factors set forth in Section 39806(b) of the Health and Safety Code. (a) "Large urban districts"; (b) "Small urban districts"; (c) "Rural resource districts"; (d) "Rural agricultural districts." The district classifications by category are set forth in the Air Resources Board's "District Subvention Categories" adopted July 26, 1982, as last amended on May 24, 1984, and shall be reviewed by the Board only upon petition of a district, ARB staff, or interested person. Note: Authority cited: Sections 39600, 39601 and 39801, Health and Safety Code. Reference: Sections 39801 and 39806, Health and Safety Code. s 90200. Subvention Application. (a) An application for a coordinated, individual, or special subvention shall be submitted to the executive officer on forms approved by the executive officer, in accordance with this subsection. (1) An application shall include a copy of the district's adopted budget. (2) Estimates of the subvention to which the district is entitled shall be based on population data, as of January 1 of the fiscal year preceding the subvention year, compiled by the Department of Finance in compliance with Section 2227 of the Revenue and Taxation Code. (3) The application must be received by the Air Resources Board or postmarked between May 1 of the preceding subvention year and September 30. (4) A district may revise or amend its application at any time prior to June 30 of the subvention year. (5) A district submitting an application for a coordinated or a special subvention shall, when such a district is in an air basin comprising two or more districts, submit a copy of its application to the control council. (b) An application for a supplemental subvention shall be submitted to the executive officer on forms approved by the executive officer and shall contain the following information: (1) The proposed expenditures related to the supplemental subvention; (2) A detailed explanation of the purpose of the requested supplemental subvention, and the benefits which are expected to result; and (3) The length of time required to complete the work proposed, and the total cost of the project. Note: Authority cited: Sections 39600, 39601 and 39801, Health and Safety Code. Reference: Sections 39515, 39801-39804, 39806 and 39810, Health and Safety Code. s 90300. Application Processing. (a) The executive officer shall acknowledge receipt of all subvention applications, including revisions, within 30 days. (b) The executive officer shall approve or disapprove all complete applications by November 15. Approval shall only be granted insofar as funds are available. (c) Application approval shall be based on the district's adopted budget and program. (d) A district's application may be disapproved by the executive officer if after consulting with the district it is found that: (1) The district does not propose a program sufficient to meet the applicable evaluation criteria adopted pursuant to Section 90115; or (2) The district is not operating a program sufficient to meet the applicable evaluation criteria adopted pursuant to Section 90115. (e) If an application is disapproved, the executive officer shall state the reason(s) in writing to the district within 15 days of the disapproval. (f) The executive officer shall not approve an application for a special subvention unless the joint powers agreement or other enforceable agreement required pursuant to Section 90110(a)(2)(c) has been received. Note: Authority cited: Sections 39600, 39601 and 39801, Health and Safety Code. Reference: Sections 39515, 39801-39804, 39806 and 39810, Health and Safety Code. s 90360. Disbursement of Funds. Each subvention is to be disbursed in accordance with the following: (a) Upon annual appropriation by the Legislature the executive officer shall request the State Controller to disburse one half ( 1/2) of the appropriate subvention as estimated by the executive officer. (b) Districts which are unable to submit a complete subvention application to the executive officer by June 30 of a given year may submit a disbursement request on a form approved by the executive officer by June 30 of the same year. Upon approval of the executive officer, he or she shall request disbursement as described in Section 90360(a). (c) Six months after Legislative appropriation the executive officer shall request the State Controller to disburse the remainder of the approved subvention unless, after review of the district's program, the executive officer finds that the district is not engaged in a program to meet the applicable evaluation criteria adopted pursuant to Section 90115, for reasons that are not expected to be easily resolved, and invokes the provisions of Health and Safety Code Sections 39806 and 39806.5, or the executive director invokes the provisions of Health and Safety Code Section 39608 or Section 90380 of this article. (d) All subvention funds not expended or encumbered by the district during the subvention year shall be returned to the Air Resources Board and such funds shall revert to the State General Fund. (e) A county district shall maintain a separate account for receipts, expenditures, and funding of the district in accordance with accounting procedures acceptable to the State Controller's Office. (f) In the event that the subventions requested exceed the total allocation that is available, the executive officer shall prorate available funds among all the districts. Note: Authority cited: Sections 39600, 39601 and 39801, Health and Safety Code. Reference: Sections 39515, 39801, 39806 and 39811, Health and Safety Code. s 90370. District Reporting Requirements. A district receiving a subvention shall: (a) Notify the executive officer when the district determines that it will be unable to accomplish the applicable evaluation criteria set forth in Section 90115. The notification shall be in writing within 30 days after the district makes such determination. (b) Submit by August 15 following the subvention year, a final report to the executive officer on forms approved by the executive officer covering the subvention year. (c) If applicable, submit a supplemental subvention final report to the executive officer on forms approved by the executive officer covering the period for which the supplemental subvention has been approved. Note: Authority cited: Sections 39600, 39601 and 39801, Health and Safety Code. Reference: Sections 39515, 39605, 39801 and 39806, Health and Safety Code. s 90380. Reduction of Coordinated or Special Subvention. The executive officer may reduce a coordinated subvention or a special subvention to an individual subvention if it is found that the provisions of Section 90110(a) for a coordinated basinwide program are no longer being carried out. Note: Authority cited: Sections 39600, 39601 and 39801, Health and Safety Code. Reference: Sections 39515, 39605, 39801, 39806, 39806.5 and 39808, Health and Safety Code. s 90500. Appeal Procedures. (a) Review of any decision of the executive officer made pursuant to the provisions of this Subchapter may be requested by filing a petition with the state board within thirty (30) days of the date upon which the district was notified of such decision. (b) The state board shall hold a public hearing at its first regularly scheduled board meeting at least 60 days after receiving a petition as provided for by subdivision (a) of this section. (c) Notification of the public hearing shall be given to the district and to the appropriate control council at least forty-five (45) days before such a public hearing. (d) The executive officer, district representatives, and any interested persons may comment on the district's appeal at such a public hearing. Note: Authority cited: Sections 39600, 39601 and 39801, Health and Safety Code. Reference: Sections 39515, 39605, 39801, 39806.5 and 39808, Health and Safety Code. s 90600. General Requirements. Note: Authority cited: Sections 39600, 39601 and 39910, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39910-39914, Health and Safety Code. s 90601. Fee Revenues. Note: Authority cited: Sections 39600, 39601 and 39910, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39910-39914, Health and Safety Code. s 90602. Administrative Costs and Billing Information. Note: Authority cited: Sections 39600, 39601 and 39910, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39910-39914, Health and Safety Code. s 90603. Exemption. Note: Authority cited: Sections 39600, 39601 and 39910, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39910-39914, Health and Safety Code. s 90604. General Requirements. Note: Authority cited: Sections 39600, 39601 and 39910, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39910-39914, Health and Safety Code. s 90605. Fee Revenues. Note: Authority cited: Sections 39600, 39601 and 39910, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39910-39914, Health and Safety Code. s 90606. Administrative Costs and Billing Information. Note: Authority cited: Sections 39600, 39601 and 39910, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39910-39914, Health and Safety Code. s 90607. Exemption. Note: Authority cited: Sections 39600, 39601 and 39910, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39910-39914, Health and Safety Code. s 90608. General Requirements. Note: Authority cited: Sections 39600, 39601 and 39910, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39910-39914, Health and Safety Code. s 90609. Fee Revenues. Note: Authority cited: Sections 39600, 39601 and 39910, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39910-39914, Health and Safety Code. s 90610. Administrative Costs and Billing Information. Note: Authority cited: Sections 39600, 39601 and 39910, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39910-39914, Health and Safety Code. s 90611. Exemption. Note: Authority cited: Sections 39600, 39601 and 39910, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39910-39914, Health and Safety Code. s 90612. General Requirements. Note: Authority cited: Sections 39600, 39601 and 39910, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39910-39914, Health and Safety Code. s 90613. Fee Revenues. Note: Authority cited: Sections 39600, 39601 and 39910, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39910-39914, Health and Safety Code. s 90614. Administrative Costs and Billing Information: Note: Authority cited: Sections 39600, 39601 and 39910, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39910-39914, Health and Safety Code. s 90615. Exemption. Note: Authority cited: Sections 39600, 39601 and 39910, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39910-39914, Health and Safety Code. s 90616. General Requirements. Note: Authority cited: Sections 39600, 39601 and 39910, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39910-39914, Health and Safety Code. s 90617. Fee Revenues. Note: Authority cited: Sections 39600, 39601 and 39910, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39910-39914, Health and Safety Code. s 90618. Administrative Costs and Billing Information. Note: Authority cited: Sections 39600, 39601 and 39910, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39910-39914, Health and Safety Code. s 90619. Exemption. Note: Authority cited: Sections 39600, 39601 and 39910, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39910-39914, Health and Safety Code. s 90620. General Requirements. Note: Authority cited: Sections 39600, 39601, 39904 and 39906, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39904-39910, Health and Safety Code. s 90621. Fee Revenues for Fiscal Year 1989-90. Note: Authority cited: Sections 39600, 39601, 39904 and 39906, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39904-39910, Health and Safety Code. s 90621.1. Fee Requirements for Fiscal Year 1990-91. Note: Authority cited: Sections 39600, 39601, 39904 and 39906, Health and Safety Code. Reference: Sections 39002, 39500, 39600, and 39904-39910, Health and Safety Code. s 90621.2. Fee Requirements for Fiscal Year 1991-92. Note: Authority cited: Sections 39600, 39601, 39904 and 39906, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39904-39910, Health and Safety Code. s 90621.3. Fee Requirements for Fiscal Year 1992-93. Note: Authority cited: Sections 39600, 39601, 39904 and 39906, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39904-39910, Health and Safety Code. s 90621.4. Fee Requirements for Fiscal Year 1993-94. Note: Authority cited: Section 39600, 39601, 39904 and 39906, Health and Safety Code. Reference: Sections 39002, 39500, 39600, and 39904-39910, Health and Safety Code. s 90622. Fee Payment and Collection. Note: Authority cited: Sections 39600, 39601, 39904 and 39906, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39904-39910, Health and Safety Code. s 90623. Exemption. Note: Authority cited: Sections 39600, 39601, 39904 and 39906, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39904-39910, Health and Safety Code. s 90700. Purpose and Mandate. (a) This regulation provides for the establishment of fees to pay for the cost of implementing and administering the Air Toxics "Hot Spots" Information and Assessment Act of 1987 (the "Act"; Stats 1987 ch 1252; Health and Safety Code Section 44300 et seq.). (b) Each district with jurisdiction over facilities meeting the criteria set forth in Section 90702(a) shall annually collect from the operator of each such facility, and each operator shall pay, fees which shall provide for the following: (1) Recovery of anticipated costs to be incurred by the State Board and the Office to implement and administer the Act, as set forth in Table 1 of this regulation for fiscal year 2001-2002, and as determined by the Executive Officer for subsequent fiscal years, and any costs incurred by the Office or its independent contractor for review of facility risk assessments submitted to the State after March 31, 1995 under Health and Safety Code Section 44361(c). (2) Recovery of anticipated costs to be incurred by the district to implement and administer the Act, including but not limited to the cost incurred to: review emission inventory plans, review emission inventory data, review risk assessments, verify plans and data, and administer this regulation and the Air Toxics "Hot Spots" program. (c) Beginning in fiscal year 2002-2003, the ARB staff will prepare an annual status report that will summarize the State program costs, the Board activities supported by the fees, and the district costs. This report will be sent to the members of the Air Resources Board and the air pollution control and air quality management districts and will be made available to the public 90 days after the Executive Officer has determined the fees for the applicable fiscal year. Note: Authority cited: Sections 39600, 39601 and 44380, Health and Safety Code. Reference: Sections 44320, 44361, and 44380, Health and Safety Code. s 90701. Definitions. (a) "Air pollution control district" or "district" has the same meaning as defined in Section 39025 of the Health and Safety Code. (b) "Criteria pollutant" means, for purposes of this regulation, total organic gases, particulate matter, nitrogen oxides or sulfur oxides. (c) "District Update Facility" means a facility (1) that has been prioritized by its district in accordance with Health and Safety Code Section 44360(a) using procedures that have undergone public review and that are consistent with the procedures presented in the California Air Pollution Control Officers Association (CAPCOA) "Air Toxics 'Hot Spots' Program Facility Prioritization Guidelines, July 1990", which has been approved by the State Board and which is incorporated by reference herein, and (2) that is required by the district to submit a quadrennial emissions inventory update pursuant to Health and Safety Code Section 44344 during the applicable fiscal year, and (3) whose prioritization scores for cancer and non-cancer health effects are both greater than 1.0 and equal to or less than 10.0. (d) "Facility" has the same meaning as defined in Section 44304 of the Health and Safety Code. (e) "Facility Data List" means a list of facilities, including the information set forth in Section 90704(f)(3). (f) "Facility Program Category" means a grouping of facilities meeting the definitions in Sections 90701(k), (l ), (m), (n), (o), (p), (q), (r), (s), (t), (u), (v), (w), (x), (y), (z), (ae), (ah), (ai), (aj), (ak), (al ), (am), (an), or (ao). (g) "Guidelines Report" (Air Toxics Hot Spots Emission Inventory Criteria and Guidelines Report) is the report incorporated by reference under Section 93300.5 of this title that contains regulatory requirements for the Air Toxics Hot Spots Emission Inventory Program. (h) "Industrywide Facility" means a facility that qualifies to be included in an industrywide emission inventory prepared by an air pollution control district pursuant to Health and Safety Code Section 44323, or an individual facility which emits less than 10 tons per year of each criteria pollutant, falls within a class composed of primarily small businesses, and whose emissions inventory report was prepared by the air pollution control district. (i) "Office" means the Office of Environmental Health Hazard Assessment. (j) "Operator" has the same meaning as defined in Section 44307 of the Health and Safety Code. (k) "Prioritization Score Greater Than Ten (10.0) Facility" means a facility that does not have an approved health risk assessment and has been prioritized by its district in accordance with Health and Safety Code Section 44360(a) using procedures that have undergone public review and that are consistent with the procedures presented in the California Air Pollution Control Officers Association (CAPCOA) "Air Toxics 'Hot Spots' Program Facility Prioritization Guidelines, July 1990", which has been approved by the State Board and is incorporated by reference herein, and the greater of the facility's prioritization scores for cancer and non-cancer effects is greater than 10.0. (l ) "Prioritization Score Greater Than Ten (10.0) Facility (Complex)" means a facility that meets the criteria set forth in Section 90701(k), and has more than five processes as determined by six-digit Source Classification Codes (SCC). (m) "Prioritization Score Greater Than Ten (10.0) Facility (Medium)" means a facility that meets the criteria set forth in Section 90701(k), and has three to five processes as determined by six-digit SCC. (n) "Prioritization Score Greater Than Ten (10.0) Facility (Simple)" means a facility that meets the criteria set forth in Section 90701(k), and has one or two processes as determined by six-digit SCC. (o) "Risk of 10.0 to Less Than 50.0 Per Million Facility" means a facility that has had its health risk assessment approved by the district in accordance with Health and Safety Code Section 44362 and whose risk assessment results meet either of the following criteria: (1) a total potential cancer risk, summed across all pathways of exposure and all compounds, of greater than or equal to 10.0 but less than 50.0 cases per million persons or, (2) a total hazard index for each toxicological endpoint, either acute or chronic, of greater than 1.0 and a total potential cancer risk, summed across all pathways of exposure and all compounds, of less than 50.0. (p) "Risk of 10.0 to Less Than 50.0 Per Million Facility (Complex)" means a facility that meets the criteria set forth in Section 90701(o), and has more than five processes as determined by six-digit Source Classification Codes (SCC). (q) "Risk of 10.0 to Less Than 50.0 Per Million Facility (Medium)" means a facility that meets the criteria set forth in Section 90701(o), and has three to five processes as determined by six-digit SCC. (r) "Risk of 10.0 to Less Than 50.0 Per Million Facility (Simple)" means a facility that meets the criteria set forth in Section 90701(o), and has one or two processes as determined by six-digit SCC. (s) "Risk of 50.0 to Less Than 100.0 Per Million Facility" means a facility that has had its health risk assessment approved by the district in accordance with Health and Safety Code Section 44362 and whose risk assessment results show a total potential cancer risk across all pathways of exposure and all compounds, of greater than or equal to 50.0, but less than 100.0 cases per million persons. (t) "Risk of 50.0 to Less Than 100.0 Per Million Facility (Complex)" means a facility that meets the criteria set forth in Section 90701(s), and has more than five processes as determined by six-digit Source Classification Codes (SCC). (u) "Risk of 50.0 to Less Than 100.0 Per Million Facility (Medium)" means a facility that meets the criteria set forth in Section 90701(s), and has three to five processes as determined by six-digit SCC. (v) "Risk of 50.0 to Less Than 100.0 Per Million Facility (Simple)" means a facility that meets the criteria set forth in Section 90701(s), and has one or two processes as determined by six-digit SCC. (w) "Risk of 100.0 Per Million or Greater Facility" means a facility that has had its health risk assessment approved by the district in accordance with Health and Safety Code Section 44362 and whose risk assessment results show a total potential cancer risk, summed across all pathways of exposure and all compounds, of greater than or equal to 100.0 cases per million persons. (x) "Risk of 100.0 Per Million or Greater Facility (Complex)" means a facility that meets the criteria set forth in Section 90701(w), and has more than five processes as determined by six-digit Source Classification Codes (SCC). (y) "Risk of 100.0 Per Million or Greater Facility (Medium)" means a facility that meets the criteria set forth in Section 90701(w), and has three to five processes as determined by six-digit SCC. (z) "Risk of 100.0 Per Million or Greater Facility (Simple)" means a facility that meets the criteria set forth in Section 90701(w), and has one or two processes as determined by six-digit SCC. (aa) "Small Business" for the purposes of Section 90704(h)(2) means a facility which is independently owned and operated and has met all of the following criteria in the preceding year: 1) the facility has 10 or fewer (annual full-time equivalence) employees; 2) the facility's total annual gross receipts are less than $1,000,000; and 3) the total annual gross receipts for the California operations the facility is part of are less than $5,000,000. All oil producers in the San Joaquin Valley Unified Air Pollution Control District will be judged by the criteria of San Joaquin Valley Unified Air Pollution Control District Rule 2201, subsections 3.29.1 - 3.29.3 (Operative June 15, 1995) to determine overall facility size and boundaries for purposes of qualifying as a small business. (ab) "Source Classification Codes" or "SCC" means number codes created by the United States Environmental Protection Agency used to identify processes associated with point sources that contribute emissions to the atmosphere. (ac) "Standard Industrial Classification Code" or "SIC Code" means the Standard Industrial Classification Code which classifies establishments by the type of business activity in which they are engaged, as defined by the Standard Industrial Classification Manual, 1987, published by the Executive Office of the President, Office of Management and Budget, 1987, which is incorporated by reference herein. (ad) "State costs" means the reasonable anticipated cost which will be incurred by the State Board and the Office to implement and administer the Act, as shown in Table 1 of this part. (ae) "State Industrywide Facility" means a facility that (1) qualifies to be included in an industrywide emission inventory prepared by an air pollution control or air quality management district pursuant to Health and Safety Code Section 44323, (2) releases, or has the potential to release, less than ten tons per year of each criteria pollutant, and (3) is either of the following: (A) a facility in one of the following four classes of facilities: autobody shops, as described by SIC Codes 5511-5521 or 7532; gasoline stations, as described by SIC Code 5541; dry cleaners, as described by SIC Code 7216; and printing and publishing, as described by SIC Codes 2711-2771 or 2782; or (B) a facility that has not prepared an Individual Plan and Report in accordance with Sections 44340, 44341, and 44344 of the Health and Safety Code and for which the district submits documentation for approval by the Executive Officer of the State Board, verifying that the facility meets the requirements of Health and Safety Code Section 44323(a)-(d). (af) "Supplemental Fee" means the fee charged to cover the costs of the district to review a health risk assessment containing supplemental information which was prepared in accordance with the provisions of Section 44360(b)(3) of the Health and Safety Code. (ag) "Total organic gases" or "TOG" means all gases containing carbon, except carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate. (ah) "Tracking Facility" means a facility that has been prioritized by its district in accordance with Health and Safety Code Section 44360(a) using procedures that have undergone public review and that are consistent with the procedures presented in the California Air Pollution Control Officers Association (CAPCOA) "Air Toxics 'Hot Spots' Program Facility Prioritization Guidelines, July 1990", which has been approved by the State Board and which is incorporated by reference herein, and the greater of the facility's prioritization scores for cancer and non-cancer health effects is greater than 10.0, and meets either one of the following criteria: (1) the facility has had its health risk assessment approved by the district in accordance with Health and Safety Code Section 44362 and the risk assessment results show a total potential cancer risk, summed across all pathways of exposure and all compounds, of equal to or greater than 1.0 and less than ten (10) cases per million persons and a total hazard index for each toxicological endpoint, both acute and chronic, of less than or equal to 1.0, or (2) the facility has had its health risk assessment approved by the district in accordance with Health and Safety Code Section 44362 and the risk assessment results show a total hazard index for each toxicological endpoint, either acute or chronic, of greater than or equal to 0.1, but less than or equal to 1.0, and a total potential cancer risk, summed across all pathways of exposure and all compounds, of less than ten (10) cases per million persons. (ai) "Tracking Facility (Complex)" means a facility that meets the criteria set forth in Section 90701(ah), and has more than five processes as determined by six-digit Source Classification Codes (SCC). (aj) "Tracking Facility (Medium)" means a facility that meets the criteria set forth in Section 90701(ah), and has three to five processes as determined by six-digit SCC. (ak) "Tracking Facility (Simple)" means a facility that meets the criteria set forth in Section 90701(ah), and has one or two processes as determined by six-digit SCC. (al ) "Unprioritized Facility" means a facility that has not been prioritized by its district in accordance with Health and Safety Code Section 44360(a) using procedures that have undergone public review and that are consistent with the procedures presented in the California Air Pollution Control Officers Association (CAPCOA) "Air Toxics 'Hot Spots' Program Facility Prioritization Guidelines, July 1990", which has been approved by the State Board and is incorporated by reference herein. (am) "Unprioritized Facility (Complex)" means a facility that meets the criteria set forth in Section 90701(al ), and has more than five processes as determined by six-digit Source Classification Codes (SCC). (an) "Unprioritized Facility (Medium)" means a facility that meets the criteria set forth in Section 90701(al ), and has three to five processes as determined by six-digit SCC. (ao) "Unprioritized Facility (Simple)" means a facility that meets the criteria set forth in Section 90701(al ), and has one or two processes as determined by six-digit SCC. (ap) "Executive Officer" means the Executive Officer of the California Air Resources Board. (aq) "State Facility Fee Rate" means the dollar value of the State fee assessed for each facility in a particular Facility Program Category. Note: Authority cited: Sections 39600, 39601, 44380 and 44380.5, Health and Safety Code. Reference: Sections 44320, 44344.4, 44380 and 44380.5, Health and Safety Code. s 90702. Facilities Covered. (a) Except for facilities exempted by Health and Safety Code Section 44324, 44344.4(a), or 44380.1 this regulation applies to any facility which: (1) manufactures, formulates, uses, or releases any of the substances listed by the State Board pursuant to Health and Safety Code Section 44321 and contained in Appendix A of the Guidelines Report, or any other substance which reacts to form a substance so listed, and releases 10 tons per year or greater of any criteria pollutant, or (2) is listed in any current toxics use or toxics air emission survey, inventory, or report released or compiled by an air pollution control district and referenced in Appendix A, or (3) manufactures, formulates, uses or releases any listed substance or any other substance which reacts to form any listed substance, and which releases less than 10 tons per year of each criteria pollutant and falls in any class listed in Appendix E of the Guidelines Report, or (4) is reinstated under Health and Safety Code Section 44344.7. (b) On or before July 1 for fiscal year 2001-2002, and September 1 for subsequent fiscal years, each district shall provide to the State Board a list of facilities meeting any one or more of the criteria specified in subdivision (c) and (d) of this section. The list of facilities shall include the facility's name, identification number, and documentation of the exemption or exemptions any facility qualifies for under this section. (c) A facility shall be excluded from the calculation of the distribution of the State's cost specified in Section 90703(a) if by July 1 for fiscal year 2001-2002, and September 1 for subsequent fiscal years, any one or more of the following criteria is met: (1) the facility has been prioritized by its district in accordance with Health and Safety Code Section 44360(a) using procedures that have undergone public review and that are consistent with the procedures presented in the California Air Pollution Control Officers Association (CAPCOA) "Air Toxics 'Hot Spots' Program Facility Prioritization Guidelines, July 1990", which has been approved by the State Board and which is incorporated by reference herein, and the facility's prioritization score is less than or equal to 10.0 for cancer health effects and is less than or equal to 10.0 for non-cancer health effects. (2) the facility has had its health risk assessment approved by the district in accordance with Health and Safety Code Section 44362 and the risk assessment results show a total potential cancer risk, summed across all pathways of exposure and all compounds, of less than one case per one million persons and a total hazard index for each toxicological endpoint, both acute and chronic, of less than 0.1. Some appropriate procedures for determining potential cancer risk and total hazard index are presented in the CAPCOA "Air Toxics 'Hot Spots' Program Revised 1992 Risk Assessment Guidelines, October 1993", which is incorporated by reference herein. (3) the facility primarily performs printing as described by SIC Codes 2711 through 2771 or 2782, and the facility uses an annualized average of two gallons per day or less (or 17 pounds per day or less) of all graphic arts materials (deducting the amount of any water or acetone) unless a district required a health risk assessment and results show the facility would not qualify under Section 90702(c)(2). (4) the facility is a wastewater treatment plant as described by SIC Code 4952, the facility does not have a sludge incinerator and the maximum throughput at the facility does not exceed 10,000,000 gallons per day unless a district required a health risk assessment and results show the facility would not qualify under Section 90702(c)(2). (5) the facility is a crematorium for humans, animals, or pets as described by SIC Code 7261 or any SIC Code that describes a facility using an incinerator to burn biomedical waste (animals), the facility uses propane or natural gas as fuel, and the facility annually cremates no more than 300 cases (human) or 43,200 pounds (human or animal) unless a district required a health risk assessment and results show the facility would not qualify under Section 90702(c)(2). Facilities using incinerators that burn biomedical waste other than cremating animals do not qualify for this exemption. (6) the facility is primarily a boat building and repair facility or primarily a ship building and repair facility as described by SIC Codes 3731 or 3732, and the facility uses 20 gallons per year or less of coatings or is a coating operation using hand held nonrefillable aerosol cans only unless a district required a health risk assessment and results show the facility would not qualify under Section 90702(c)(2). (7) the facility is a hospital or veterinary clinic building that is in compliance with the control requirements specified in the Ethylene Oxide Control Measure for Sterilizers and Aerators, section 93108 of this title, and has an annual usage of ethylene oxide of less than 100 pounds per year if it is housed in a single story building, or has an annual usage of ethylene oxide of less than 600 pounds per year if it is housed in a multi-story building unless a district required a health risk assessment and results show the facility would not qualify under Section 90702(c)(2). (8) the facility was not required to conduct a risk assessment under Health and Safety Code Section 44360(b), and the district, or the facility with the concurrence of the district, has conducted a worst-case, health conservative risk assessment using screening air dispersion modeling criteria set forth in Appendix F of the Guidelines Report and has demonstrated to the satisfaction of the district that the facility's screening risk levels meet the criteria set forth in Section 90702(c)(2). (d) For fiscal year 2001-2002, a facility shall be excluded from the fee schedule calculated in accordance with Section 90704(e)-(h) and from the fee schedule set forth in Table 3 if (1) it qualifies for exclusion pursuant to subdivision (c) of this section, (2) it is located in a district which has met the requirements of section 90704(b) and (3) the district has requested State Board adoption of a fee schedule. Exclusion from fee schedules under this subdivision does not exempt a facility from any other applicable requirement under this title. (e) Commencing July 1, 2002, a facility shall be excluded from the fee schedule calculated in accordance with Section 90704(e)-(h) if it qualifies for exclusion pursuant to subdivision (c) of this section as of September 1 of the applicable year, and is located in a district that is recovering district costs pursuant to Section 90704(e)(5). Note: Authority cited: Sections 39600, 39601, 44321, 44344.4, 44344.7 and 44380, Health and Safety Code. Reference: Sections 44320, 44321, 44322, 44344.4, 44344.7 and 44380, Health and Safety Code. s 90703. District Board Adoption of Fees. Except for the districts that have fulfilled all of the requirements specified in Section 90704(b) and (e)(5), every district shall annually adopt a rule or regulation which recovers the costs specified in 90700(b), unless the district rule or regulation contains a specific provision for automatic readoption of the rule or regulation annually by operation of law. (a) Except as specified in subdivision (b) of this section, or in Section 90702(c) and (d), the State Board shall calculate each district's share of state costs on the basis of the number of facilities in Facility Program Categories as defined in Sections 90701(k), (l ), (m), (n), (o), (p), (q), (r), (s), (t), (u), (v), (w), (x), (y), (z), (ae), (ah), (ai), (aj), (ak), (al ), (am), (an), and (ao). (1) For the purposes of subdivision (a) of this section, the district shall set forth the facilities that are in the described program categories on or before July 1 for fiscal year 2001-2002, and September 1 for subsequent fiscal years. (b) For purposes of calculation of a district's share of State costs under subdivision (a) of this section, the number of facilities in the State Industrywide Facility Program Category will be based on the provisions of Section 90704(d)(2). (c) Districts shall reimburse the State in accordance with Health and Safety Code Section 44361(c) for review of facility risk assessments submitted to the State after March 31, 1995. Note: Authority cited: Sections 39600, 39601, 44321 and 44380, Health and Safety Code. Reference: Sections 44320, 44321, 44322, 44361 and 44380, Health and Safety Code. s 90704. State Board Adoption of Fees. (a) The State Board shall adopt a regulation for fiscal year 2001-2002 which meets the requirements of Health and Safety Code Section 44380(a). Districts whose fee schedules are included in this regulation under Section 90704(b) are subject to the provisions of subdivisions (d)-(i) of this section. (b) The State Board may annually adopt a fee schedule which assesses a fee upon the operators of facilities subject to this regulation, and which identifies and provides for the recovery of state costs for the applicable fiscal year and district costs for fiscal year 2001-2002 to administer and implement the Act pursuant to Section 90700(b), for facilities located in districts that have completed all of the following requirements: (1) The district board has approved, and adopted by resolution, the cost of implementing and administering the Act for the fiscal year 2001-2002 as specified in Section 90700(b)(2); (2) The district has submitted a written request specifying the amount to be collected for fiscal year 2001-2002, through fees established by the State Board regulation, as calculated pursuant to Section 90704(d), (e), (f), (g), (h), and (i) and including documentation of the costs; (3) The district has submitted the resolution, request and documentation specified in subsections (1) and (2) to the State Board by April 1, 2001 preceding the applicable fiscal year. (c) Any district whose fee schedule is included in this regulation pursuant to Section 90704(b)(1)-(3) may, as a substitute for this regulation, adopt a district fee rule for fiscal year 2001-2002 that meets the requirements of Section 90700(b), provided that the district informs the Executive Officer of the State Board in writing. (d) Beginning in fiscal year 2002-2003, the Executive Officer will annually develop a fee schedule by applying the applicable State Facility Fee Rate contained in Table 3, or the $35 flat fee for Industrywide facilities, to each facility subject to the Fee Regulation in the Facility Data List provided by the districts pursuant to Section 90702. Districts whose fee schedules are included in this regulation under Section 90704(e)(5) are subject to the provisions (d)-(i) of this section. (e) Calculation of Fees. (1) The State Board shall establish the fee applicable to each facility for the recovery of state and district costs and shall notify each district in writing of the amount to be collected from each facility and of the amount of revenue which the district must remit to the State Board for reimbursement of state costs, as set forth in Table 1. When calculating the fees, the State Board shall use the State costs in Table 1 and the district costs in Table 2 for fiscal year 2001-2002, and shall take into account and allow for the unanticipated closing of businesses, nonpayment of fees, and other circumstances which would result in a shortfall in anticipated revenue. (2) Beginning in fiscal year 2002-2003, the Executive Officer will annually develop a fee schedule by applying the applicable State Facility Fee Rate contained in Table 3, or the $35 flat fee for Industrywide facilities, to each facility subject to the Fee Regulation in the Facility Data List provided by the districts pursuant to Section 90702, and shall notify each district in writing of the amount to be collected from each facility and the amount of revenue which the district must remit to the State Board for reimbursement of the State costs. (3) The State Board shall calculate fees on the basis of the Facility Data List as set forth by the district by July 1 for fiscal year 2001-2002, except for facilities excluded under Section 90702(c) or covered by Section 90704(g) and (h). For purposes of calculation of a district's share of State costs under this subdivision and under Section 90703(a), the number of State Industrywide facilities shall be used instead of the number of Industrywide facilities. Facilities that meet the Industrywide Facility definition but do not meet the State Industrywide Facility definition shall be placed in the appropriate Facility Program Category for purposes of calculation of a district's share of the State's costs. Districts may still assess facilities that meet the Industrywide definition but not the State Industrywide definition the fees listed in Table 4 for fiscal year 2001-2002. (4) Beginning in fiscal year 2002-2003, the Executive Officer shall make an annual determination of the fees on the basis of the Facility Data List set forth by the district by September 1 of the applicable fiscal year, except for facilities excluded under Section 90702(c) or covered by Section 90704(g) and (h). For purposes of calculation of a district's share of State costs under this subdivision and under Section 90703(a), the number of State Industrywide facilities shall be used instead of the number of Industrywide facilities. Facilities that meet the Industrywide Facility definition but do not meet the State Industrywide Facility definition shall be placed in the appropriate Facility Program Category for purposes of calculation of a district's share of the State's costs. (5) Beginning in fiscal year 2002-2003 and for subsequent fiscal years, districts that do not have a locally adopted fee regulation are authorized to collect fees to recover local program costs up to, but not to exceed, the amount of the State Facility Fee Rate on a per-facility basis. Districts making use of this provision shall provide a summary of the district program costs to ARB by September 1 of the applicable fiscal year. (6) No later than December 1 of the applicable fiscal year, beginning in December of fiscal year 2002-2003, the Executive Officer shall make a final determination of the State Program fee amounts and the apportionment of those amounts to the districts, as calculated based on the State Facility Fee Rate and Facility Data List. (f) Fees Based on Facility Program Category. (1) The State Board shall provide a flat fee per facility based on the facility program category of the facility as set forth in the State Facility Fee Rate in Table 3 for all applicable fiscal years, and Table 4 for fiscal year 2001-2002. For fiscal year 2002-2003 and beyond, the fee for the Industrywide category shall be $35. The Facility Program Categories for Table 3 are Prioritization Score Greater Than Ten (10.0) (Complex); Prioritization Score Greater Ten (10.0) (Medium); Prioritization Score Greater Than Ten (10.0) (Simple); Risk of 10.0 to Less Than 50.0 Per Million (Complex); Risk of 10.0 to Less Than 50.0 Per Million (Medium); Risk of 10.0 to Less Than 50.0 Per Million (Simple); Risk of 50.0 to Less Than 100.0 Per Million (Complex); Risk of 50.0 to Less Than 100.0 Per Million (Medium); Risk of 50.0 to Less Than 100.0 Per Million (Simple); Risk of 100.0 Per Million, or Greater (Complex); Risk of 100.0 Per Million, or Greater (Medium); Risk of 100.0 Per Million, or Greater (Simple); Tracking (Complex); Tracking (Medium); Tracking (Simple); Unprioritized (Complex); Unprioritized (Medium); and Unprioritized (Simple). The Facility Program Category for Table 4 is State Industrywide. (2) A facility that becomes subject to the Act after State Board adoption of the Fee Regulation, and is required to prepare an Inventory Plan and Report during the applicable fiscal year in accordance with Sections 44340, 44341, and 44344 of the Health and Safety Code, shall pay the appropriate Unprioritized (Complex, Medium, or Simple) fee for that fiscal year. (3) A district shall provide to the State Board, by July 1, 2001, and for subsequent fiscal years by September 1 of the applicable fiscal year, a Facility Data List. The Facility Data List shall contain the following information: (a) the district abbreviation, (b) the county ID, (c) the name and facility identification number, (d) the Standard Industrial Classification Code of the facility, (e) the number of Source Classification Codes, (f) complexity (Simple, Medium, Complex), (g) prioritization score, (h) health risk assessment results, (i) whether or not the health risk assessment has been reviewed by OEHHA, (j) whether or not a screening risk assessment was performed, (k) reason excluded from calculation of the State's cost under the previously applicable fiscal year's Air Toxics Hot Spots Fee Regulation, (l ) whether or not the facility is a state industrywide facility, (m) whether or not the facility is a small business as defined under Section 90701(aa), (n) whether or not the facility is a District Update Facility as defined under Section 90701(c), and (o) former Facility Program Category for the previously applicable fiscal year. The district shall provide the SIC Code for facilities being added to the State Industrywide Facility category. (g) Specified Flat Fees. (1) An Industrywide Facility shall be assessed the flat fee specified in Table 4 for fiscal year 2001-2002, and $35 per Industrywide facility for subsequent fiscal years. If a facility was previously assessed, and has paid, a fee pursuant to the Facility Program Categories specified for Table 4, subsequent fees pursuant to Table 4 shall be waived by the district, if the district determines that there are insignificant costs with respect to said facility under the Act. (2) A facility in the State Industrywide Facility Program Category, as defined by Section 90701(ae), shall be assessed the flat fee specified in Table 4 for fiscal year 2001-2002, and $35 per industrywide facility for subsequent fiscal years. (h) Other Flat Fees. (1) Pursuant to the provisions of Section 44380.5 of the Health and Safety Code, the supplemental fee which may be assessed upon the operator of a facility, to cover the direct costs to the district to review the information supplied, shall be no higher than $2,000. (2) The maximum fee that a small business, as defined in Section 90701(aa), shall pay will be $300. (3) If in the judgment of a district the action will not result in a shortfall in revenue, a district may request the fee for the Unprioritized (Simple) category be set at no more than $800. (4) Pursuant to the provisions of Section 44344.4(b) of the Health and Safety Code, the operator of an Update Facility may be assessed a fee of no higher than $125 to cover the direct cost to the district to review the facility's quadrennial emission inventory update submitted under Health and Safety Code Section 44344. Beginning with Fiscal Year 1997-98, a district may assess a higher fee to review quadrennial emission inventory updates if it adopts written findings that the costs of processing the emission inventory update exceed $125 and submits those findings to the State Board by June 30 preceding the applicable fiscal year. The fee adopted shall be no higher than that supported by the written findings. (i) For fiscal year 2001-2002, costs to be recovered by the regulation adopted by the State Board pursuant to subdivision (b) of this section shall be calculated as follows: Each district board shall approve its anticipated costs to implement and administer the Act. The Air Resources Board will subtract from this amount anticipated revenues from collection of the flat fee specified in Section 90704(g); and any excess revenues obtained by the district pursuant to Section 90705(c). When submitting board-approved program costs to the State Board, the district shall include a breakdown of how the collected fees will be used. (j) Districts shall reimburse the State in accordance with Health and Safety Code Section 44361(c) for review of facility risk assessments submitted to the State after March 31, 1995. Note: Authority cited: Sections 39600, 39601, 44344.4 and 44380, Health and Safety Code. Reference: Sections 44320, 44322, 44344.4, 44380 and 44380.5, Health and Safety Code. s 90705. Fee Payment and Collection. (a) Each district shall notify and assess the operator of each facility subject to this regulation in writing of the fee due. Except as provided in Sections 90702(c) and (d), 90703, 90704(g), and 90704(h), each district shall use the facility program category as the basis for billing. The operator shall remit the fee to the district within 60 days after the receipt of the fee assessment notice or the fee will be considered past due. If an operator fails to pay the fee within 60 days of this notice, the district shall assess a penalty of not more than 100 percent of the assessed fee, but in an amount sufficient, in the district's determination, to pay the district's additional expenses incurred by the operator's non-compliance. If an operator fails to pay the fee within 120 days after receipt of this notice, the district may initiate permit revocation proceedings. If any permit is revoked it shall be reinstated only upon full payment of the overdue fee plus any late penalty, and a reinstatement fee to cover administrative costs of reinstating the permit. (1) The invoices sent by the districts to the facilities shall contain, but not be limited to, the following information: name and address of the facility; name, address, and phone number contact of the district sending the bill, invoice number, fiscal year for which the bill is being sent, where to send the remittance, an indication of whether or not a small business cap is applicable, and the following statement: "The California Health and Safety Code Section 44380 requires the collection of fees from facilities subject to the requirements of the Air Toxics Hot Spots Information and Assessment Act of 1987." (b) Each district shall collect the fees assessed by or required to be assessed by this regulation. After deducting the costs to the district to implement and administer the program, each district shall transmit to the State Board the amount the district is required to collect for recovery of state costs pursuant to Section 90700(b)(1), as set forth in Table 1, within 180 days of the receipt of an invoice from the State Board. Checks shall be made payable to the State Air Resources Board. The State Board shall forward the revenues to the State Controller for deposit in the Air Toxics Inventory and Assessment Account. (c) Any fee revenues received by a district for which fees have been adopted pursuant to Section 90704(b) that exceed district and state costs shall be reported to the State Board and shall be retained by the district for expenditure in the next two fiscal years. (d) If a district does not collect sufficient revenues to cover the portion of the state costs that the district is required to remit to the State Board for a particular fiscal year due to circumstances beyond the control of the district, the district shall notify the Executive Officer of the State Board prior to June 30 of the year following the applicable fiscal year and may for demonstrated good cause be relieved by the Executive Officer from an appropriate portion of the fees the district is required to collect and remit to the state. Circumstances beyond the control of the district may include but are not limited to plant closure or refusal of the facility operator to pay despite permit revocation or other enforcement action. Documentation of the circumstances resulting in the shortfall shall be submitted to the ARB upon request. Nothing herein shall relieve the operator from any obligation to pay any fees assessed pursuant to this regulation. (1) A district for which the State Board has adopted a fee schedule pursuant to Section 90704(b) in fiscal year 2001-2002, or Section 90704(d) in subsequent years, may, upon notifying the Executive Officer of the State Board, carry over all or a portion of such shortfall in revenue from one to four fiscal years after the shortfall was discovered and add the shortfall amount to its program costs for each such subsequent fiscal year. Note: Authority cited: Sections 39600, 39601 and 44380, Health and Safety Code. Reference: Section 44380, Health and Safety Code. Appendix A Air Pollution Control District Air Toxic Inventories, Reports or Surveys 1. San Diego County Air Pollution Control District "List of Semiconductor Manufacturers Using Toxic Gases (Arsine or Phosphine). May 1988." 2. San Joaquin Valley Unified Air Pollution Control District "San Joaquin Valley Unified APCD Toxics List. February 25, 1994." 3. Santa Barbara County Air Pollution Control District "Current Santa Barbara County Air Pollution Control District List of Air Toxic Sources. July 14, 1997." s 90800. Fee Requirements for FIscal Year 1989-90. Note: Authority cited: Sections 39600, 39601 and 39612, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39612, Health and Safety Code. s 90800.1. Fee Requirements for Fiscal Year 1990-91. Note: Authority cited: Sections 39600, 39601 and 39612, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39612, Health and Safety Code. s 90800.2. Fee Requirements for Fiscal Year 1991-92. Note: Authority cited: Sections 39600, 39601 and 39612, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39612, Health and Safety Code. s 90800.3. Fee Requirements for Fiscal Year 1992-93. Note: Authority cited: Sections 39600, 39601 and 39612, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39612, Health and Safety Code. s 90800.4. Fee Requirements for Fiscal Year 1993-94. Note: Authority cited: Sections 39600, 39601 and 39612, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39612, Health and Safety Code. s 90800.5. Fee Requirements for Fiscal Year 1994-95. (a) No later than 180 days after the operative date of this section, each district identified below shall transmit the dollar amount specified below to the Board for deposit into the Air Pollution Control Fund. The amount transmitted shall be collected from facilities which are the holders of permits for sources which emitted 500 tons or more per year of any nonattainment pollutant or precursors during the period from January 1, 1992, through December 31, 1992, inclusive. The fees shall be in addition to permit and other fees already authorized to be collected from such sources. The fee to be charged shall be fifteen dollars and eighty-three cents ($15.83) per ton. (1) Bay Area Air Quality Management District: nine hundred seventy-four thousand two hundred thirty-one dollars ($974,231); (2) Imperial County Air Pollution Control District: twenty-five thousand seven dollars ($25,007); (3) Kern County Air Pollution Control District (SEDAB): one hundred two thousand eighty-four dollars ($102,084); (4) Mojave Desert Air Quality Management District: three hundred forty-three thousand eight hundred seventy-three dollars ($343,873); (5) Monterey Bay Unified Air Pollution Control District: one hundred twenty-one thousand three hundred forty-six dollars ($121,346); (6) Sacramento Metropolitan Air Quality Management District: forty thousand three hundred fifty-nine dollars ($40,359); (7) San Diego County Air Pollution Control District: eighty-one thousand three hundred thirty-five dollars ($81,335); (8) San Joaquin Valley Unified Air Pollution Control District: four hundred five thousand ninety-two dollars ($405,092); (9) San Luis Obispo County Air Pollution Control District: one hundred thirteen thousand five hundred ninety dollars ($113,590); (10) South Coast Air Quality Management District: four hundred eighty thousand one dollars ($480,001); (11) Ventura County Air Pollution Control District: thirty-one thousand nine hundred fifty-five dollars ($31,955); (12) Amador County Air Pollution Control District, Butte County Air Pollution Control District, Calaveras County Air Pollution Control District, Colusa County Air Pollution Control District, El Dorado County Air Pollution Control District, Feather River Air Quality Management District, Glenn County Air Pollution Control District, Great Basin Unified Air Pollution Control District, Mariposa County Air Pollution Control District, Mendocino County Air Pollution Control District, Modoc County Air Pollution Control District, North Coast Unified Air Quality Management District, Northern Sierra Air Quality Management District, Northern Sonoma County Air Pollution Control District, Placer County Air Pollution Control District, Santa Barbara County Air Pollution Control District, Shasta County Air Quality Management District, Siskiyou County Air Pollution Control District, Tehama County Air Pollution Control District, Tuolumne County Air Pollution Control District, Yolo-Solano Air Pollution Control District: zero dollars ($0). (b) Emissions from facilities identified by the Air Resources Board on or before April 14, 1994, as having emitted 500 tons or more per year of any nonattainment pollutant or precursors during the period January 1, 1992, through December 31, 1992, shall be used to determine compliance with these regulations. Emissions from a facility are excluded from compliance with these regulations if the emissions from the facility would be subject to these regulations solely because the facility is in a district which is designated in section 60201 as not having attained the state ambient air quality standard for ozone solely as a result of ozone transport identified in section 70500, Title 17, California Code of Regulations. (c) In addition to the amount cited in subsection (a) above, a district shall, for any facility identified after April 14, 1994, as having emitted 500 tons or more per year of any nonattainment pollutant or its precursors during the period from January 1, 1992, through December 31, 1992, transmit to the Board for deposit into the Air Pollution Control Fund fifteen dollars and eighty-three cents ($15.83) per ton of such pollutant or precursor. Note: Authority cited: Section 39600, 39601 and 39612, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39612, Health and Safety Code. s 90800.6. Fee Requirements for Fiscal Year 1995-96. (a) No later than 180 days after the operative date of this section, each district identified below shall transmit the dollar amount specified below to the Board for deposit into the Air Pollution Control Fund. The amount transmitted shall be collected from facilities which are the holders of permits for sources which emitted 500 tons or more per year of any nonattainment pollutant or precursors during the period from January 1, 1993, through December 31, 1993, inclusive. The fees shall be in addition to permit and other fees already authorized to be collected from such sources. The fee to be charged shall be $17.75 per ton. (1) Bay Area Air Quality Management District: nine hundred eighty-three thousand two hundred ninety-seven dollars ($983,297); (2) Imperial County Air Pollution Control District: twenty-three thousand twenty-two dollars ($23,022); (3) Kern County Air Pollution Control District (SEDAB): one hundred twelve thousand seven hundred forty-eight dollars ($112,748); (4) Mojave Desert Air Quality Management District: three hundred twenty-two thousand six hundred seventy-seven dollars ($322,677); (5) Monterey Bay Unified Air Pollution Control District: one hundred five thousand eight hundred seventy-nine dollars ($105,879); (6) Sacramento Metropolitan Air Quality Management District: twenty-five thousand four hundred seventy-one dollars ($25,471); (7) San Diego County Air Pollution Control District: one hundred thirteen thousand seven hundred ninety-five dollars ($113,795); (8) San Joaquin Valley Unified Air Pollution Control District: three hundred eighty-five thousand eight hundred fifty dollars ($385,850); (9) San Luis Obispo County Air Pollution Control District: ninety-one thousand five hundred fifty-five dollars ($91,555); (10) Santa Barbara Air Pollution Control District: nine thousand two hundred eighty-three dollars ($9,283); (11) South Coast Air Quality Management District: five hundred thirteen thousand six hundred fifty dollars ($513,650); (12) Ventura County Air Pollution Control District: thirty-nine thousand six hundred eighty-nine dollars ($39,689); (13) Amador County Air Pollution Control District. Butte County Air Pollution Control District. Calaveras County Air Pollution Control District. Colusa County Air Pollution Control District. El Dorado County Air Pollution Control District. Feather River Air Quality Management District. Glenn County Air Pollution Control District. Great Basin Unified Air Pollution Control District. Mariposa County Air Pollution Control District. Mendocino County Air Pollution Control District. Modoc County Air Pollution Control District. North Coast Unified Air Quality Management District. Northern Sierra Air Quality Management District. Northern Sonoma County Air Pollution Control District. Placer County Air Pollution Control District. Shasta County Air Quality Management District. Siskiyou County Air Pollution Control District. Tehama County Air Pollution Control District. Tuolumne County Air Pollution Control District. Yolo-Solano Air Pollution Control District: zero dollars ($0). (b) Emissions from facilities identified by the Air Resources Board on or before April 27, 1995, as having emitted 500 tons or more per year of any nonattainment pollutant or precursors during the period January 1, 1993, through December 31, 1993, shall be used to determine compliance with this regulation. Emissions from a facility are excluded from compliance with this regulation if the emissions from the facility would be subject to this regulation solely because the facility is in a district which is designated in section 60201 as not having attained the state ambient air quality standard for ozone solely as a result of ozone transport identified in section 70500, Title 17, California Code of Regulations. (c) In addition to the amount cited in subsection (a) above, a district shall, for any facility identified after April 27, 1995, as having emitted 500 tons or more per year of any nonattainment pollutant or its precursors during the period from January 1, 1993, through December 31, 1993, transmit to the Board for deposit into the Air Pollution Control Fund seventeen dollars and seventy-five cents ($17.75) per ton of such pollutant or precursor. Note: Authority cited: Sections 39600, 39601 and 39612, Health ands Safety Code. Reference: Sections 39002, 39500, 39600 and 39612, Health and Safety Code. s 90800.7. Fee Requirements for Fiscal Year 1996-97. (a) No later than 180 days after the operative date of this section, each district identified below shall transmit the dollar amount specified below to the Board for deposit into the Air Pollution Control Fund. The amount transmitted shall be collected from facilities which are the holders of permits for sources which emitted 500 tons or more per year of any nonattainment pollutant or precursors during the period from January 1, 1994, through December 31, 1994, inclusive. The fees shall be in addition to permit and other fees already authorized to be collected from such sources. The fee to be charged shall be $18.78 per ton. (1) Bay Area Air Quality Management District: one million one hundred sixty-eight thousand three hundred ninety-eight dollars ($1,168,398); (2) Imperial County Air Pollution Control District: nine thousand four hundred forty-six dollars ($9,446); (3) Kern County Air Pollution Control District: eighty-seven thousand seven hundred forty dollars ($87,740); (4) Mojave Desert Air Quality Management District: three hundred sixty-seven thousand three hundred thirty-seven dollars ($367,337); (5) Monterey Bay Unified Air Pollution Control District: two hundred six thousand two hundred four dollars ($206,204); (6) San Diego County Air Pollution Control District: eighty-two thousand seven hundred eighty-two dollars ($82,782); (7) San Joaquin Valley Unified Air Pollution Control District: three hundred eighteen thousand ninety-six dollars ($318,096); (8) San Luis Obispo County Air Pollution Control District: eighty-five thousand six hundred seventy-four dollars ($85,674); (9) South Coast Air Quality Management District: four hundred seventy-five thousand two hundred eighty-four dollars ($475,284); (10) Ventura County Air Pollution Control District: twenty-eight thousand six hundred two dollars ($28,602); (11) Amador County Air Pollution Control District, Butte County Air Quality Management District, Calaveras County Air Pollution Control District, Colusa County Air Pollution Control District, El Dorado County Air Pollution Control District, Feather River Air Quality Management District, Glenn County Air Pollution Control District, Great Basin Unified Air Pollution Control District, Lake County Air Quality Management District, Lassen County Air Pollution Control District, Mariposa County Air Pollution Control District, Mendocino County Air Quality Management District, Modoc County Air Pollution Control District, North Coast Unified Air Quality Management District, Northern Sierra Air Quality Management District, Northern Sonoma County Air Pollution Control District, Placer County Air Pollution Control District, Sacramento Metropolitan Air Quality Management District, Santa Barbara County Air Pollution Control District, Shasta County Air Quality Management District, Siskiyou County Air Pollution Control District, Tehama County Air Pollution Control District, Tuolumne County Air Pollution Control District, Yolo/Solano Air Quality Management District: zero dollars ($0). (b) Emissions from facilities identified by the Air Resources Board on or before April 25, 1996, as having emitted 500 tons or more per year of any nonattainment pollutant or precursors during the period January 1, 1994, through December 31, 1994, shall be used to determine compliance with this regulation. Emissions from a facility are excluded from compliance with this regulation if the emissions from the facility would be subject to this regulation solely because the facility is in a district which is designated in section 60201 as not having attained the state ambient air quality standard for ozone solely as a result of ozone transport identified in section 70500, Title 17, California Code of Regulations. (c) In addition to the amount cited in subsection (a) above, a district shall, for any facility identified after April 25, 1996, as having emitted 500 tons or more per year of any nonattainment pollutant or its precursors during the period from January 1, 1994, through December 31, 1994, transmit to the Board for deposit into the Air Pollution Control Fund eighteen dollars and seventy-eight cents ($18.78) per ton of such pollutant or precursor. Note: Authority cited: Sections 39600, 39601 and 39612, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39612, Health and Safety Code. s 90800.75. Operative Date. The amendments to this subchapter filed with the Secretary of State on February 5, 2004 are operative on February 5, 2004. Note: Authority cited: Sections 39600, 39601, 39612 and 39613, Health and Safety Code. Reference: Sections 39002, 39500, 39600, 39612 and 39613, Health and Safety Code. s 90800.8. Fee Requirements for the 2003-2004 and Subsequent Fiscal Years. (a) Applicability. (1) This subchapter applies to: (A) Any facility that emits 250 tons or more annually of any nonattainment pollutant or precursor, as provided in section 90800.8(c)(4), and (B) Any consumer products or architectural coatings manufacturer for which the total sales of the manufacturer's consumer products or architectural coatings resulted in VOC emissions of 250 tons or more during a calendar year, as provided in section 90800.8(c)(5). (2) 2003-2004 Fiscal Year. (A) Notification to Districts, Facilities, Consumer Products Manufacturers, and Architectural Coatings Manufacturers. No later than 30 days after the operative date of this section, the Executive Officer shall provide written notice to each district, facility operator, consumer products manufacturer, and architectural coatings manufacturer of his/her 2003-2004 fiscal year fee determinations, as of July 24, 2003, for all of the items in section (c)(1) through (c)(7). The written notices may reflect modifications to the determinations based on information received by the Executive Officer after July 24, 2003, in which case the notices shall include a brief explanation of the modifications. (B) Transmittal of the Fees to the State Board. Each facility operator, consumer products manufacturer, and architectural coatings manufacturer that is notified by the Executive Officer that it must remit a specified dollar amount to the state board for the 2003-2004 fiscal year shall transmit that dollar amount to the state board for deposit into the Air Pollution Control Fund within 60 days after receipt by the operator or manufacturer of the fee determination notice. The fees shall be in addition to permit and other fees already authorized to be collected from such sources. (3) 2004-2005 and Subsequent Fiscal Years. Sections (b) through (e) apply for the 2004-2005 fiscal year and for any subsequent fiscal year in which the state board is authorized by state law to impose fees on nonvehicular sources, consumer products manufacturers, and architectural coatings manufacturers. (4) Expenditure of Fees. The fees collected from facilities are to be expended by the state board only for the purposes of recovering costs of additional state programs related to nonvehicular sources. The fees collected from consumer products manufacturers and architectural coatings manufacturers are to be expended by the state board solely to mitigate or reduce air pollution in the state created by consumer products and architectural coatings. (b) Submittal of Information by Districts. No later than April 1 of the preceding fiscal year, each district shall submit all of the information identified in section (c)(4) to the Executive Officer in writing. (c) Preliminary Determination of Fees to be Assessed. No later than May 1 of the preceding fiscal year, the Executive Officer shall make preliminary determinations of all of the items in sections 90800.8(c)(1) through (c)(7) and 90805(b), and shall provide written notice of the preliminary determinations to each district and to each facility operator, consumer products manufacturer, and architectural coatings manufacturer identified in accordance with section (c)(4) or (c)(5). The notice shall state that written comments regarding the preliminary determinations received by the Executive Officer by July 1 of the fiscal year will be considered by the Executive Officer in reaching final determinations. (1) Needed Revenues. Except as provided in section 90805, the revenues needed to recover the costs of the state board for additional state programs related to nonvehicular sources, consumer products, and architectural coatings in the fiscal year. The revenues shall not exceed the amount authorized by state law for any fiscal year, and for the 2003-2004 fiscal years shall not exceed the amount specified in subdivision (f)(1) of Health and Safety Code section 39612 or such other amount as specified by the State Legislature. For fiscal year 2004-2005 and subsequent fiscal years, the total revenues collected from facilities may include a percentage increase in revenues by an amount not to exceed the annual percentage change in the California Consumer Price Index, as provided in Health and Safety Code section 39612(f)(2), if such an increase is necessary to collect the revenues authorized by the State Legislature for any fiscal year. (2) Adjustment Amount. An additional adjustment amount, not to exceed 3 percent of the needed revenues, designed to recover unforeseen reductions in collections due to unexpected business closures and bankruptcies. (3) Carry-over Balance. The amount collected in the previous fiscal year in excess of or less than the needed revenues for that fiscal year. (4)(A) Emissions of Facilities Subject to Fees. Except as otherwise provided in subsections (c)(4)(B) and (c)(4)(C), for each district, (1.) the name and address of each permitted facility that emitted 250 tons or more of any nonattainment pollutant or precursor during the most recent calendar year for which emission estimates are available for all affected districts and (2.) the total tons of each identified facility's emissions during the referenced calendar year of all nonattainment pollutants or precursors that were individually emitted by the facility in an amount of 250 tons or more in the year. (B) For the South Coast Air Quality Management District (SCAQMD) only, the amount of each facility's emissions specified in subsection (c)(4)(A) shall be determined on a fiscal year instead of a calendar year basis. Emissions from facilities in the SCAQMD shall be determined for the fiscal year that begins during the most recent calendar year for which emission estimates are available for all affected districts. For example, if the 2001 calendar year is the most recent calendar year for which emission estimates are available for all affected districts, then all districts except the SCAQMD would identify facilities and submit facility emissions for the 2001 calendar year, and the SCAQMD would identify facilities and submit facility emissions for the 2001- 2002 fiscal year. (C) A facility shall not be included if its emissions would otherwise be included solely because the facility is in a district which is designated in section 60201 as not having attained the state ambient air quality standard for ozone solely as a result of ozone transport identified in section 70500, title 17, California Code of Regulations. (5) Consumer Products Manufacturers and Architectural Coatings Manufacturers Subject to Fees. Any consumer products or architectural coatings manufacturer for which the total sales of the manufacturer's consumer products or architectural coatings resulted in VOC emissions in the State of 250 tons or more during the same calendar year identified for facilities pursuant to section 90800.8(c)(4)(A). (6) Fee per ton. The fee per ton for the fiscal year, calculated in accordance with the following formula: Fee per ton = R + A -C E Where R = The needed revenues identified in accordance with section (c)(1) A = The adjustment amount identified in accordance with section (c)(2) C = Carry-over balance determined in accordance with section (c)(3) E = The total tons of nonattainment pollutants or precursors individually emitted in annual amounts of 250 tons or more from all permitted facilities in the state identified in accordance with section (c)(4), plus the total tons of VOCs emitted in annual amounts of 250 tons or more from consumer products and architectural coatings sold in the state as identified in accordance with section (c)(5). (7) Amount to be Remitted From Each Facility Operator, Consumer Products Manufacturer, or Architectural Coatings Manufacturer. The dollar amount to be transmitted to the state board, calculated in accordance with the following formula: Amount to be transmitted = F * D Where F = Fee per ton as calculated in accordance with section (c)(6) D = The tons of nonattainment pollutants or precursors individually emitted in annual amounts of 250 tons or more from a permitted facility identified in accordance with section (c)(4), or the tons of VOCs emitted in annual amounts of 250 tons or more for a manufacturer, as identified in accordance with section (c)(5) (d) Final Determination of Fees to be Assessed. No later than August 1 of the fiscal year, after considering any comments submitted by July 1 of the fiscal year, the Executive Officer shall make final determinations of all of the items in section (c)(1) through (c)(7), and shall provide a written fee determination notice to each district and to each facility operator, consumer products manufacturer, and architectural coatings manufacturer identified in accordance with section (c)(4) or (c)(5). (e) Transmittal of the Fees to the State Board. (1) Each facility operator, consumer products manufacturer, and architectural coatings manufacturer that is notified pursuant to section (d) that it must remit a specified dollar amount to the state board shall transmit that dollar amount to the state board for deposit into the Air Pollution Control Fund within 60 days after receipt of the fee determination notice as specified in section 90802(a). The amount transmitted shall be collected by the state board from the facilities and manufacturers identified in the Executive Officer's final determination as meeting the criteria in section (c)(4) or (c)(5). The fees shall be in addition to permit and other fees already authorized to be collected from such sources. (2)(A) Newly Identified Facilities: In addition to the amount transmitted in accordance with section (e)(1), the Executive Officer shall, for any facility identified by the Executive Officer as meeting the criteria in section (c)(4) after the Executive Officer's notification under section (d), notify the facility operator and collect for deposit into the Air Pollution Control Fund the dollar amount equal to the fee per ton calculated using the formula in section (c)(6) multiplied by the total tons of the facility's emissions, during the year used to determine emissions in accordance with section (c)(4), of all nonattainment pollutants or precursors that were individually emitted by the facility in an amount of 250 tons or more in the year. The operator of each newly identified facility shall transmit the assessed dollar amount to the state board within 60 days after receipt of the fee determination notice from the Executive Officer. The amount collected by the state board from the newly identified facility shall be in addition to permit and other fees already authorized to be collected from the facility. (B) Newly Identified Manufacturers. The Executive Officer shall, for any consumer products manufacturer or architectural coatings manufacturer identified by the Executive Officer as meeting the criteria in section (c)(5) after the Executive Officer's notification under section (d), notify the consumer products manufacturer or architectural coatings manufacturer and collect for deposit into the Air Pollution Control Fund the dollar amount equal to the fee per ton calculated using the formula in section (c)(6) multiplied by the total tons of VOCs emitted from consumer products or architectural coatings sold by such manufacturer during the calendar year used to determine emissions in accordance with section (c)(5). Each newly identified manufacturer shall transmit the assessed dollar amount to the state board within 60 days after receipt of the fee determination notice from the Executive Officer. The amount collected by the state board from the newly identified manufacturer shall be in addition to permit and other fees already authorized to be collected from the manufacturer. Note: Authority cited: Sections 39600, 39601, 39612 and 39613, Health and Safety Code. Reference: Sections 39002, 39500, 39600, 39612 and 39613, Health and Safety Code. s 90800.9. Optional Process for Districts to Collect Fees from Facilities. (a) Notwithstanding the provisions of sections 90800.8 and 90802, each district shall have the option for any fiscal year to collect fees from facilities within the district instead of having the state board collect the fees. A district that chooses to collect fees from facilities pursuant to this section shall follow the process set forth below in section 90800.9(b) or (c). For districts that do not choose to collect fees from facilities, the Executive Officer shall follow the process specified in sections 90800.8 and 90802. Districts shall not have the option to collect fees from consumer products manufacturers and architectural coatings manufacturers. (b) 2003-2004 Fiscal Year. (1) Notification. A district that chooses to collect fees from facilities for the 2003-2004 fiscal year shall notify the Executive Officer no later than 10 days after the operative date of this section. No later than 30 days after the operative date of this section, the Executive Officer shall provide written notice to each district and facility operator, as specified in section 90800.8(a)(2)(A). (2) Collection and Transmittal of Fees to the State Board. Each facility operator notified under section 90800.8(a)(2)(A) shall transmit the specified dollar amount to the district within 60 days of notification. No later than 90 days after notification under section 90800.8(a)(2)(A), each district shall transmit the fees to the state board for deposit in the Air Pollution Control Fund. The amount transmitted shall be collected by the district from all facilities in the district that are identified in the Executive Officer's notification. The fees shall be in addition to permit and other fees already authorized to be collected from such sources. Districts shall assess late fees and may recover administrative costs for the 2003-2004 fiscal year as provided in sections 90800.9 (c)(3) and (c)(4). (c) 2004-2005 and Subsequent Fiscal Years. A district that chooses to collect fees on facilities for the 2004-2005 fiscal year or any subsequent fiscal year shall notify the Executive Officer on or before April 1 of the preceding fiscal year, and the district and the Executive Officer shall follow the process set forth below in subsections (c)(1) through (c)(5). (1) Notification to Districts by the Executive Officer. No later than May 1 of the preceding fiscal year, the Executive Officer shall notify the district of the preliminary determination of fees to be assessed on each facility as provided in section 90800.8(c). No later than August 1, of the fiscal year, the Executive Officer shall notify the district of the final determination of fees to be assessed on each facility as provided in section 90800.8(d). (2) Notification to Facilities by the District. Each district shall notify and assess the operator of each facility subject to permit fees, as provided for in this subchapter, in writing of the fee due. The fee shall be past due 60 days after receipt by the operator of the fee determination notice. (3) Late Fees. Each district shall assess an additional fee on operators failing to pay the fee within 60 days of receipt of the fee determination notice. The district shall set the late fee in an amount sufficient to pay the district's additional expenses incurred by the operator's untimely payment. (4) Recovery of Administrative Costs. Each district may recover administrative costs to the district of collecting the fees pursuant to this subchapter. At the request of the Executive Officer, a district shall provide to the Executive Officer, within 30 days of the request, substantiation of administrative costs. (5) Collection and Transmittal of Fees to the State Board. Each district that is notified pursuant to section 90800.9(c)(1) that it must remit a specified dollar amount to the state board shall transmit that dollar amount to the state board by January 1 of the fiscal year for deposit into the Air Pollution Control Fund. The amount transmitted shall be collected by the district from the facilities in the district that are identified in the Executive Officer's final fee determination as meeting the criteria in section 90800.8(c)(4). The fees shall be in addition to permit and other fees already authorized to be collected from such sources. (d) Newly Identified Facilities. In addition to the amounts transmitted in accordance with section 90800.9(b)(2) and (c)(5), a district shall, for any facility identified by the Executive Officer as meeting the criteria in section 90800.8(c)(4) after the Executive Officer's notification under section 90800.8(a)(2)(A) or 90800.8(d), transmit to the state board for deposit into the Air Pollution Control Fund the dollar amount equal to the fee per ton calculated using the formula in section 90800.8(c)(6) multiplied by the total tons of the facility's emissions, during the year used to determine emissions in accordance with section 90800.8(c)(4), of all nonattainment pollutants or precursors that were individually emitted by the facility in an amount of 250 tons or more in the year. The operator of each newly identified facility shall transmit the assessed dollar amount to the district within 60 days after receipt of the fee determination notice from the Executive Officer. The amount transmitted shall be collected by the district from the newly identified facility, and shall be in addition to permit and other fees already authorized to be collected from the facility. The district shall transmit any fees received from the facility to the state board by January 1 of the fiscal year, or, for fees received by the district on or after December 31, within 30 days after receiving the fees from the facility. Note: Authority cited: Sections 39600, 39601, 39612 and 39613, Health and Safety Code. Reference: Sections 39002, 39500, 39600, 39612 and 39613, Health and Safety Code. s 90801. Definitions. For the purposes of this subchapter, the following definitions apply: (a) "Architectural Coating" means a coating to be applied to stationary structures or their appurtenances at the site of installation, to portable buildings at the site of installation, to pavements, or to curbs. Coatings applied in shop applications or to non-stationary structures such as airplanes, ships, boats, railcars, and automobiles, and adhesives are not considered architectural coatings for the purposes of this subchapter. (b) "Architectural Coatings Manufacturer" means: (1) any company or person that imports, manufactures, produces, packages, or repackages architectural coatings for sale or distribution in the State of California; and (2) for an architectural coatings manufacturer under the control of a holding or parent company, the holding or parent company. (c) "Company" means any firm, association, partnership, business trust, corporation, joint-stock company, limited liability company, or similar organization. (d) "Consumer Product" means a chemically formulated product used by household and institutional consumers including, but not limited to, detergents; cleaning compounds; polishes; floor finishes; cosmetics; personal care products; home, lawn, and garden products; disinfectants; sanitizers; aerosol paints; and automotive specialty products; but does not include other paint products, furniture coatings, or architectural coatings. As used in this subchapter, the term "consumer product" shall also refer to aerosol adhesives, including aerosol adhesives used for consumer, industrial, and commercial uses. (e) "Consumer Products Manufacturer" means: (1) any company, firm, or establishment which is listed on a consumer product's label; if the label lists two companies, firms, or establishments, the consumer products manufacturer is the party which the product was "manufactured for" or "distributed by", as noted on the label; and (2) for a consumer products manufacturer under the control of a holding or parent company, the holding or parent company. (f) "District" means an air pollution control district or an air quality management district created or continued in existence pursuant to Part 3 (commencing with section 40000), Division 26, Health and Safety Code. (g) "Executive Officer" means the Executive Officer of the state board or his or her delegate. (h) "Facility" means any nonvehicular source which requires a permit from the district. (i) "Holding or parent company" means any company that has control over another company. For the purposes of this subchapter, a company has control over another company if: (1) the company directly or indirectly or acting through one or more other persons owns, controls, or has power to vote more than 50 percent of the voting securities of the other company; or (2) the company controls in any manner the election of a majority of the directors or trustees or individuals exercising similar functions of the other company; or (3) the company has the power to exercise, directly or indirectly, a controlling influence over the management or policies of the other company. (j) "Nonattainment pollutant" means any substance for which an area is designated in Sections 60200-60209 as not having attained a state ambient air quality standard listed in section 70200, Title 17, California Code of Regulations, as of July 1 of the fiscal year for which fees are being collected. (k) "Nonattainment pollutants and precursors" shall be defined as follows: Substance (as listed in Section 70200, nonattainment Title 17, CCR): pollutant/precursor: Ozone reactive organic gases oxides of nitrogen Sulfur Dioxide oxides of sulfur Sulfates oxides of sulfur Nitrogen Dioxide oxides of nitrogen Carbon Monoxide carbon monoxide Suspended Particulate suspended particulate Matter (PM [FN10])) matter (PM [FN10]), oxides of nitrogen, oxides of sulfur reactive organic gases Visibility Reducing suspended particulate matter (PM [FN10]), Particles oxides of nitrogen, oxides of sulfur reactive organic gases Hydrogen Sulfide hydrogen sulfide Lead lead (l) "Nonattainment precursor" means any substance which reacts in the atmosphere to contribute to the production of a nonattainment pollutant or pollutants in an area designated in sections 60200-60209 as not having attained a state ambient air quality standard listed in section 70200, Title 17, California Code of Regulations, as of July 1 of the fiscal year for which fees are being collected. (m) "Operator" means the person who owns or operates a facility or part of a facility. (n) "Volatile Organic Compound" or "VOC" means any compound containing at least one atom of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, and excluding the following: (1) methane, methylene chloride (dichloromethane), 1,1,1-trichloroethane (methyl chloroform), trichlorofluoromethane (CFC-11), dichlorodifluoromethane (CFC-12), 1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113), 1,2-dichloro-1,1,2,2-tetrafluoroethane (CFC-114), chloropentafluoroethane (CFC-115), chlorodifluoromethane (HCFC-22), 1,1,1-trifluoro-2,2-dichloroethane (HCFC-123), 1,1-dichloro-1-fluoroethane (HCFC-141b), 1-chloro-1,1-difluoroethane (HCFC-142b), 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124), trifluoromethane (HFC-23), 1,1,2,2-tetrafluoroethane (HFC-134), 1,1,1,2-tetrafluoroethane (HFC-134a), pentafluoroethane (HFC-125), 1,1,1-trifluoroethane (HFC-143a), 1,1- difluoroethane (HFC-152a), cyclic, branched, or linear completely methylated siloxanes, the following classes of perfluorocarbons: (A) cyclic, branched, or linear, completely fluorinated alkanes; (B) cyclic, branched, or linear, completely fluorinated ethers with no unsaturations; (C) cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and (D) sulfur-containing perfluorocarbons with no unsaturations and with the sulfur bonds to carbon and fluorine; and (2) the following low-reactive organic compounds which have been exempted by the U.S. EPA: acetone, ethane, methyl acetate, parachlorobenzotrifluoride (1- chloro-4-trifluoromethyl benzene), and perchloroethylene (tetrachloroethylene). Note: Authority cited: Sections 39600, 39601, 39612 and 39613, Health and Safety Code. Reference: Sections 39002, 39500, 39600, 39612 and 39613, Health and Safety Code. s 90802. Fee Payment and Collection. (a) The Executive Officer shall notify and assess the operator of each facility, each consumer products manufacturer, and each architectural coatings manufacturer subject to fees, in writing of the fee due as provided in subsections (a)(2), (c), (d), and (e)(2) of section 90800.8. At the request of a holding or parent company, the Executive Officer shall provide separate written notice of their individual fee determinations to each consumer products or architectural coatings manufacturer within the holding or parent company. The fee shall be past due 60 days after receipt by the operator or manufacturer of the fee determination notice. (b) Late Fees. The Executive Officer shall assess an additional fee on operators, consumer products manufacturers, and architectural coatings manufacturers failing to pay the fee within 60 days of receipt of the fee determination notice. The Executive Officer shall set the late fee in an amount sufficient to pay the state board's additional expenses incurred by the operator's or manufacturer's untimely payment. (c) Any fees submitted to the state which exceed or are less than the costs to the state of additional state programs authorized or required by the State Legislature shall be carried over by the state for adjustments to the fees assessed in the subsequent fiscal year. Note: Authority cited: Sections 39600, 39601, 39612 and 39613, Health and Safety Code. Reference: Sections 39002, 39500, 39600, 39612 and 39613, Health and Safety Code. s 90803. Failure of Facility to Pay Fees. For districts exercising the option to collect fees as provided in sections 90800.9 or 90805, in the event any district is unable to collect the assessed fee from any source due to circumstances beyond the control of the district, including but not limited to facility closure, emission qualification errors, or refusal of the operator to pay despite permit revocation and/or other enforcement action, such district shall notify the Executive Officer. For demonstrated good cause, the district may be relieved from that portion of the fees the district is required to collect and remit to the state as set forth in sections 90800.8 and 90800.9. Nothing herein shall relieve the operator from any obligation to pay any fees assessed pursuant to these regulations. Note: Authority cited: Section 39600, 39601, 39612 and 39613, Health and Safety Code. Reference: Sections 39002, 39500, 39600, 39612 and 39613, Health and Safety Code. s 90804. Severability. Each part of this subchapter is deemed severable, and in the event that any part of this subchapter is held to be invalid, the remainder of this subchapter shall continue in full force and effect. Note: Authority cited: Sections 39600, 39601, 39612 and 39613, Health and Safety Code. Reference: Sections 39002, 39500, 39600, 39612 and 39613, Health and Safety Code. s 90805. Supplemental Fee Assessments for Facilities. (a) Applicability. This section applies in any fiscal year in which the State Legislature has authorized the state board to collect fees in excess of $17.4 million to recover the costs of additional state programs related to nonvehicular sources, consumer products, and architectural coatings. (b) Determination of Supplemental Fees to be Assessed (1) Needed Supplemental Fees. The Executive Officer shall determine the needed revenues as specified in section 90800.8(c)(1). If the needed revenues are equal to or less than $17.4 million, the revenues shall be collected from facilities, consumer products manufacturers, and architectural coatings manufacturers as provided in sections 90800.8 to 90803. If the needed revenues are in excess of $17.4 million, the amount in excess of $17.4 million shall be collected as supplemental fees from facilities, as provided in the following subsections. The total revenues collected from facilities pursuant to this subchapter: (A) shall not exceed the amount authorized by Health and Safety Code section 39612(f) or other provisions of State law, and (B) may include a percentage increase in revenues by an amount not to exceed the annual percentage change in the California Consumer Price Index, as provided in Health and Safety Code section 39612(f)(2), if such an increase is necessary to collect the revenues authorized by the State Legislature for any fiscal year. (2) Adjustment Amount. An additional adjustment amount, not to exceed 3 percent of the needed supplemental fee revenues, designed to recover unforeseen reductions in collections due to unexpected business closures and bankruptcies. (3) Carry-over Balance. The amount of supplemental fees collected in the previous fiscal year in excess of or less than the needed supplemental fee revenues for that fiscal year. (4) Emissions of Facilities Subject to Supplemental Fees. Any facility identified in section 90800.8(c)(4) is subject to the supplemental fee. The total emissions of each facility subject to the fee shall be determined as provided in section 90800.8(c)(4). (5) Supplemental Fee per ton. The supplemental fee per ton for the fiscal year shall be calculated in accordance with the following formula: Supplemental Fee per ton = S + A - C SE Where S = The needed supplemental fee revenues identified in accordance with section 90805(b)(1). SE = The total tons of nonattainment pollutants or precursors individually emitted in annual amounts of 250 tons or more from all permitted facilities in the state identified in accordance with section 90800.8(c)(4). A = The adjustment amount identified in accordance with section (b)(2). C = Carry-over balance determined in accordance with section (b)(3). (6) Supplemental Fee Amount to be Remitted from each Facility Operator. The dollar amount to be transmitted to the state board, in addition to the amount remitted under section 90800.8(c)(7), shall be calculated in accordance with the following formula: Amount to be transmitted = SF * SD Where SF = Fee per ton as calculated in accordance with section 90805(b)(5). SD = The tons of nonattainment pollutants or precursors individually emitted in annual amounts of 250 tons or more from a permitted facility identified in accordance with section 90800.8(c)(4). (c) Preliminary and Final Determination of Supplemental Fees to be Assessed. (1) The Executive Officer shall make a preliminary determination of the supplemental fees to be assessed as specified in section 90800.8(c). (2) The Executive Officer shall make a final determination of the supplemental fees to be assessed as specified in section 90805(b), and shall provide a written final fee determination notice to each district and to each facility operator identified in accordance with section 90800.8(c)(4). (3) The Executive Officer may include the preliminary and final supplemental fee determinations in the written notices provided under sections 90800.8(c) and 90800.8(d), or may use separate notices for the supplemental fees. (4) For the 2004-2005 fiscal year, the Executive Officer is not required to provide a preliminary determination notice for the supplemental fees, and the final supplemental fee determination notice shall be provided no later than 30 days after the operative date of this section. For the 2005-2006 and subsequent fiscal years, the fee determination notices shall be provided within the time periods specified in sections 90800.8(c) and 90800.8(d), or as soon thereafter as practicable. (d) Transmittal of the Supplemental Fees to the State Board (1) Each facility operator that is notified pursuant to section 90805(c) that it must remit a specified dollar amount to the state board shall transmit that dollar amount to the state board for deposit into the Air Pollution Control Fund within 60 days after receipt of the fee determination notice. The supplemental fees shall be in addition to any other fees already authorized to be collected from such sources, including the fees collected pursuant to sections 90800.8 and 90802. (2) Newly Identified Facilities. Newly identified facilities are subject to the supplemental fees in the same manner that they are subject to the fees collected pursuant to sections 90800.8(e)(2)(A) and 90802. The Executive Officer shall collect the supplemental fees using the process for newly identified facilities specified in section 90800.8(e)(2)(A). The operator of each newly identified facility shall transmit the assessed dollar amount to the state board within 60 days after receipt of the fee determination notice from the Executive Officer. (e) Optional Process for Districts to Collect Supplemental Fees from Facilities (1) 2004-2005 Fiscal Year. Districts shall not have the option to collect supplemental fees from facilities for the 2004-2005 fiscal year. (2) 2005-2006 and Subsequent Fiscal Years. Beginning with the 2005-2006 fiscal year, each district shall have the option for any fiscal year to collect supplemental fees from facilities instead of having the state board collect the fees. A district that chooses to collect the supplemental fees shall follow the process specified in section 90800.9(c) and (d) for fees collected pursuant to sections 90800.8 and 90802. (f) Fee Payment and Collection. (1) The Executive Officer shall notify and assess the operator of each facility subject to the supplemental fees in writing of the fee due as provided in this section. The fee shall be past due 60 days after receipt by the operator of the fee determination notice. (2) Late Fees. The Executive Officer shall assess an additional fee on operators failing to pay the supplemental fee within 60 days of receipt of the fee determination notice. The Executive Officer shall set the late fee in an amount sufficient to pay the state board's additional expenses incurred by the operator's untimely payment. (3) Any supplemental fees submitted to the state which exceed or are less than the costs to the state of additional state programs authorized or required by the State Legislature shall be carried over by the state for adjustment to the supplemental fees assessed in the subsequent fiscal year. Note: Authority cited: Sections 39600, 39601, 39612 and 39613, Health and Safety Code. Reference: Sections 39002, 39500, 39600, 39612 and 39613, Health and Safety Code. s 90806. Compliance with State Legislature Modifications. (a) If the State Legislature in any fiscal year specifies particular amounts or percentages that are to be collected from the categories of nonvehicular sources, consumer products, or architectural coatings, the Executive Officer shall comply with the Legislature's direction notwithstanding the provisions of this subchapter. (b) If the State Legislature modifies the 250 tons per year threshold specified in section 39612(d) or section 39613 of the Health and Safety Code, the modified threshold for nonvehicular sources, consumer products, or architectural coatings that is specified by the State Legislature shall be used in this subchapter instead of the existing 250 tons per year threshold. Note: Authority cited: Sections 39600, 39601, 39612 and 39613, Health and Safety Code. Reference: Sections 39002, 39500, 39600, 39612 and 39613, Health and Safety Code. s 91000. Scope and Purpose. This subchapter shall apply to all requests to the state board under the California Public Records Act (Government Code Sections 6250 et seq.) for the disclosure of public records or for maintaining the confidentiality of data received by the state board. Written guidelines shall govern the internal review of such requests. Note: Authority cited: Sections 39600 and 39601(a), Health and Safety Code. Reference: California Public Records Act, Chapter 3.5 (commencing with Section 6250), Division 7, Government Code. s 91001. Disclosure Policy. It is the policy of the state board that all records not exempted from disclosure by state law shall be open for public inspection with the least possible delay and expense to the requesting party. Note: Authority cited: Sections 39600 and 39601(a), Health and Safety Code. Reference: Section 6253, Government Code; Black Panther Party v. Kehoe (1974) 42 Cal.App.3d 645. s 91010. Request Procedure. The state board shall give notice to any person from whom it requests information that the information provided may be released (1) to the public upon request, except trade secrets which are not emission data or other information which is exempt from disclosure or the disclosure of which is prohibited by law, and (2) to the federal Environmental Protection Agency, which protects trade secrets as provided in Section 114(c) of the Clean Air Act and amendments thereto (42 USC 7401 et seq.) and in federal regulations. Note: Authority cited: Sections 39600, 39601 and 39602, Health and Safety Code. Reference: Sections 39701, 41510, 41511, 41512 and 42705, Health and Safety Code; and Section 6253, Government Code. s 91011. Submissions of Confidential Data. Any person submitting to the state board any records containing data claimed to be "trade secret" or otherwise exempt from disclosure under Government Code Section 6254 or 6254.7 or under other applicable provisions of law shall, at the time of submission, identify in writing the portions of the records containing such data as "confidential" and shall pro vide the name, address and telephone number of the individual to be contacted if the state board receives a request for disclosure of or seeks to disclose the data claimed to be confidential. Emission data shall not be identified as confidential. The state board shall not disclose data identified as confidential, except in accordance with the requirements of this subchapter or Section 39660(e) of the Health and Safety Code. Note: Authority cited: Sections 39600 and 39601, Heath and Safety Code. Reference: Sections 39660, 39701, 41500, 41511, 41512 and 42705, Health and Safety Code; Sections 6253, 6254 and 6254.7, Government Code; Natural Resources Defense Council v. EPA, 489 F.2d 390 (5th Cir. 1974) (6 ERC 1248); Northern California Police Practices Project v. Craig (1979) 90 Cal.App.3d 116; Uribe v. Howie (1971) 19 Cal.App.3d 194. s 91020. Disclosure Policy. s 91021. Disclosure Procedure. Note: Authority cited: Section 39601, Health and Safety Code. Reference: Sections 6253-6257, Government Code. s 91022. Disclosure of Confidential Data. (a) This section shall apply to all data in the custody of the state board (1) designated "trade secret" prior to the adoption of this subchapter, (2) considered by the state board or identified by the person who submitted the data as confidential pursuant to this subchapter, or (3) received from a federal, state or local agency, including an air pollution control district, with a confidential designation, subject to the following exceptions: (A) Except for the time limits specifically provided in subsection (b), only subsections (c) and (d) of this section shall apply to information submitted pursuant to Health and Safety Code Section 39660(e). (B) Appropriate portions of an application for approval, accreditation, or certification of a motor vehicle emission control device or system shall be kept confidential until such time as the approval, accreditation, or certification is granted, at which time the application (except for trade secret data) shall become a public record, except that estimates of sales volume of new model vehicles contained in an application shall be kept confidential for the model year, and then shall become public records. If an application is denied, it shall continue to be confidential but shall be subject to the provisions of this section. (C) If disclosure of data obtained after August 9, 1984 from a state or local agency subject to the provisions of the Public Records Act is sought, the state board shall request that the agency which provided the data determine whether it is confidential. The state board shall request that it be notified of the agency's determination within ten days. The state board shall not release the data if the agency determines that it is confidential and so notifies the state board; provided, however, that the data may be released with the consent of the person who submitted it to the agency from which it was obtained by the state board. (b) Upon receipt of a request from a member of the public that the state board disclose data claimed to be confidential or if the state board itself seeks to disclose such data, the state board shall inform the individual designated pursuant to Section 91011 by telephone and by mail that disclosure of the data is sought. The person claiming confidentiality shall file with the state board documentation in support of the claim of confidentiality. The documentation must be received within five (5) days from the date of the telephone contact or of receipt of the mailed notice, whichever first occurs. In the case of information submitted pursuant to Health and Safety Code Section 39660(e), the documentation must be received within 30 days of the date notice was mailed pursuant to that section. The deadlines for filing the documentation may be extended by the state board upon a showing of good cause made within the deadline specified for receipt of the documentation. (c) The documentation submitted in support of the claim of confidentiality shall include the following information: (1) the statutory provision(s) under which the claim of confidentiality is asserted; (2) a specific description of the data claimed to be entitled to confidential treatment; (3) the period of time for which confidential treatment is requested; (4) the extent to which the data has been disclosed to others and whether its confidentiality has been maintained or its release restricted; (5) confidentiality determinations, if any, made by other public agencies as to all or part of the data and a copy of any such determinations, if available; and (6) whether it is asserted that the data is used to fabricate, produce, or compound an article of trade or to provide a service and that the disclosure of the data would result in harmful effects on the person's competitive position, and, if so, the nature and extent of such anticipated harmful effects. (d) Documentation, as specified in subsection (c), in support of a claim of confidentiality may be submitted to the state board prior to the time disclosure is sought. (e) The state board shall, within ten (10) days of the date it sought to disclose the data or received the request for disclosure, or within 20 days of that date if the state board determines that there are unusual circumstances as defined in Government Code Section 6256.1, review the request, if any, and supporting documentation, if received within the time limits specified in subsection (b) above, including any extension granted, and determine whether the data is entitled to confidential treatment pursuant to Government Code Section 6254, 6255 or 6254.7 or other applicable provisions of law and shall either: (1) decline to disclose the data and, if a request was received, provide to the person making the request and to the person claiming the data is confidential a justification for the determination pursuant to Government Code Section 6255; or (2) provide written notice to the person claiming the data is confidential and, if a request was received, to the person requesting the data that it has determined that the data is subject to disclosure, that it proposes to disclose the data, and that the data shall be released 21 days after receipt of the notice by the person claiming confidentiality, unless the state board is restrained from so doing by a court of competent jurisdiction. The state board shall release the data in accordance with the terms of the notice unless so restrained. (f) Should judicial review be sought of a determination issued in accordance with subsection (e), either the person requesting data or the person claiming confidentiality, as appropriate, may be made a party to the litigation to justify the determination. Note: Authority cited: Section 39601, Health and Safety Code. Reference: Sections 6253, 6254, 6254.7, 6255, 6256, 6256.1, 6258 and 6259, Government Code. s 91100. Emission Data and Sampling Access. The Executive Officer of the Air Resources Board (State Board) or his or her authorized representative may, upon reasonable written notice, require the owner or operator of any substance, article, machine, equipment, or other contrivance, the use of which may cause the issuance of air contaminants, or the use of which may eliminate, reduce or control the issuance of air contaminants, to: (a) Provide the State Board with descriptions of basic equipment, control equipment and rates of emissions. Where this information does not provide sufficient data for the State Board to carry out the purposes of Division 26 of the Health and Safety Code, or where such information is in question, the Executive Officer or his or her authorized representative may require such other additional information as may be necessary, including process and production data, techniques and flow diagrams. (b) Provide sampling platforms, sampling ports, and means of access to sampling locations. (c) Provide and maintain sampling and monitoring apparatus to measure emissions or air contaminants when the Executive Officer or his or her authorized representative has determined that such apparatus is available and should be installed. Note: Authority cited: Sections 39515, 39516, 39600, 39601 and 41511, Health and Safety Code. Reference: Section 41511, Health and Safety Code. s 91105. Credentials for Entry. Note: Authority cited: Section 39601(a), Health and Safety Code. Reference: Section 41510, Health and Safety Code. s 91200. Scope and Policy; Definition. (a) The fee schedules in this Subchapter shall not supersede or preempt any rule or regulation of any air pollution control district governing fees for source testing. (b) The following definitions apply for the purposes of this subchapter only. (1) "Source" means (i) any permit unit, article, machine, equipment or other contrivance which may cause the issuance of air contaminants; or (ii) any substance, such as fuel or an architectural coating, the content, characteristics, manufacture, sale, distribution or use of which is restricted by any State or local law, rule, regulation or order relating to air pollution. (2) "Responsible party" means (i) in reference to sources defined in subsection (b)(1)(i) of this section, the owner, operator, or user of a source; or (ii) in reference to sources defined in subsection (b)(1)(ii) of this section, the manufacturer who produced the substance in its entirety, the user of the substance, or any seller or offer or for sale of the substance. (3) "Independent tester" means a person, other than an employee of the State Board, who engages in the testing of sources to determine compliance with State or local laws or regulations relating to air pollution. (4) "Executive Officer" means the Executive Officer of the State Board or his or her authorized representative. Note: Authority cited: Sections 39600, 39601 and 41512, Health and Safety Code. Reference: Sections 41510, 41511 and 41512, Health and Safety Code. s 91201. Source Testing Fee Schedule. (a) Whenever the Executive Officer finds that it is necessary to determine compliance of any source with permit conditions or with any State or local law, order, rule, or regulation relating to air pollution, including confirmation of the reliability, accuracy and precision of any in-stack monitoring equipment, he or she may require the testing of such source by qualified personnel of the State Board, by an independent contractor to the State Board, or by an independent tester specified by the responsible party upon approval by the Executive Officer. (b) For testing conducted by the State Board's personnel or an independent contractor to the Board, the responsible party shall pay a fee in accordance with the following schedule to cover the cost of planning, preliminary evaluation, sampling, sample analysis, calculations, and report preparation with respect to samples of emissions secured from the source. The fees listed in the schedule shall be the maximum fees and shall be reduced by the Executive Officer if the actual cost to conduct a specific test is less. Fees for any compliance test not listed in the schedule shall be determined by the Executive Officer based on the cost to conduct the test. Estimated Costs to Perform Source Tests and Other Special Tests [FN1] Type of Test Fee Continuous Analyzer Gaseous Emissions Test [FN1] with Van................................................. $1,620.00 plus $55.00/hour Non-continuous Emission Testing [FN1] ................ 1,230.00 plus specific sample fee listed below Particulate Matter Test............................. 230.00/sample Sulfur Dioxide Test................................. 145.00/sample Sulfuric Acid Mist (including sulfur trioxide) and Sulfur Dioxide Test................................. 205.00/sample Oxides of Nitrogen Test............................. 90.00/sample Hydrogen Sulfide Test............................... 120.00/sample Fluorides Test...................................... 400.00/sample Carbon Monoxide Test................................ 70.00/sample Total Hydrocarbon Test.............................. 60.00/sample Gas Chromatographic Analysis of Unknown 110.00/sample Pollutants.......................................... Vinyl Chloride Test................................. 100.00/sample Reid Vapor Pressure Test.............................. 45.00/test Ambient Vinyl Chloride Test........................... 100.00/sample Visible Emission Evaluation Test...................... 450.00/evaluation Particulate Fallout Testing........................... 75.00/sample Floating Roof Tank Inspection......................... 185.00/inspection Vapor Recovery System Inspection...................... 70.00-2,170.00/inspect- ion Valve and Flange Leak Test............................ 1.75/test Laboratory Fuel Analysis Carbon, Hydrogen, Nitrogen and Sulfur............... 30.00/sample Ash................................................. 75.00/sample Density............................................. 60.00/sample Heat Content........................................ 180.00/sample Water............................................... 75.00/sample Asphaltenes......................................... 75.00/sample Distillation........................................ 50.00/sample Metals.............................................. 295.00/sample Bromine Number...................................... 50.00/sample Lead................................................ 15.00/sample Other Laboratory Analysis Water, Volatile Organic Compounds and Density 50.00/sample (paints)............................................ Methane............................................. 40.00/sample Total Hydrocarbon................................... 30.00/sample Hydrocarbons (with one to nine carbons)............. 55.00/sample Molecular Weight Determination of Vapor 75.00/sample Hydrocarbons........................................ Molecular Weight Determination of Liquid 50.00/sample Hydrocarbons........................................ Hydrogen Sulfide.................................... 30.00/sample Percent Water....................................... 30.00/sample Asbestos (air filter sample)........................ 444.00/sample Particle Size Distribution Optical Microscopy....... 148.00/sample Particle Size Distribution Electron Microscopy...... .296.00/sample [FN1] Source test fees may also include additional cost of laboratory analysis as required. Notes: Note: Authority cited: Sections 39600, 39601 and 41512, Health and Safety Code. Reference: Sections 41510, 41511 and 41512, Health and Safety Code. s 91202. Additional Testing. (a) Where test results indicate that a source is in compliance with permit conditions or with any State or local law, order, rule or regulation relating to air pollution, the responsible party shall be assessed the applicable fees in Section 91201 only once per each 12-month period. This limitation shall not restrict the State Board from conducting additional testing at its own expense. The Executive Officer may assess fees for multiple testing, or for multiple samples, where the same is necessary to determine compliance. (b) If the test results indicate that the specific source tested is not in compliance with permit conditions or with any State or local law, order, rule, or regulation relating to air pollution, the Executive Officer may require such additional source tests as may be necessary and may also exclude use of an independent tester for such additional tests. In such event, the responsible party shall pay for each additional test in accordance with the schedule of fees set forth in Section 91201 until compliance is achieved and confirmed. Note: Authority cited: Sections 39600, 39601 and 41512, Health and Safety Code. Reference: Sections 41510, 41511 and 41512, Health and Safety Code. s 91203. Fee Payment. (a) After completion of testing conducted by the State Board directly or by a contractor to the State Board, the responsible party shall be notified by the Accounting Office of the State Board, in writing, of the fees to be paid for such tests and of preliminary results. The failure to pay any such fee within 30 days of the receipt of the notice shall constitute grounds for the revocation or suspension of the permit to operate the equipment tested. The Executive Officer may request the district air pollution control officer to revoke or suspend any permit until the required fees are paid, in accordance with Health and Safety Code Sections 42304-42309. (b) The responsible party shall be entitled to receive a copy of the source test results, if the testing was conducted by the State Board or an independent contractor to the State Board, as soon as such test results have been verified and finalized. Note: Authority cited: Sections 39600, 39601 and 41512, Health and Safety Code. Reference: Sections 41510, 41511 and 41512, Health and Safety Code. s 91204. Financial Hardship Exemption. (a) The responsible party may petition the Executive Officer, no later than 30 days after receipt of the fee notice described in Section 91203, to be excused from payment of fees, or a portion of such fees, on the grounds that payment of such fees would cause a demonstrable financial hardship. (b) For the purposes of this Section, a demonstrable financial hardship shall consist of such evidence as is capable of demonstrating that full payment will prevent the responsible party from meeting other financial obligations as they come due, or will cause the taking of property or the practical closing and eliminating of a lawful business. (c) Based on the evidence provided, the Executive Officer may exempt the responsible party from payment of all or a portion of the fees otherwise required under Section 91203. Note: Authority cited: Sections 39600, 39601 and 41512, Health and Safety Code. Reference: Sections 41510, 41511 and 41512, Health and Safety Code. s 91205. Small Business. (a) A small business shall not be required to pay any fees otherwise applicable under Section 91201. A "small business," for the purposes of this section, shall be as defined in subsection (1), Section 1896, Title 2 of the California Administrative Code. (b) Any responsible party who desires to establish eligibility for non-payment of fees pursuant to subsection (a) shall do so by filing a written statement, under penalty of perjury, that the business is a small business, as defined. Note: Authority cited: Sections 39600, 39601 and 41512, Health and Safety Code. Reference: Sections 41510, 41511 and 41512, Health and Safety Code. s 91206. Request for Independent Tester. (a) By August 1, 1981, or by June 1 of any year thereafter, any responsible party who seeks to have compliance testing performed by an independent tester for the following fiscal year shall inform the Executive Officer in writing of this desire. If no such request is made, then compliance testing for the fiscal year may be conducted by the Executive Officer or by an independent contractor to the State Board. (b) All requests for an independent tester shall include the name(s) of the independent testers, the type of source or sources to be tested, the type of test or tests to be performed, and a statement by the responsible party that it will comply with the requirements of Sections 91208-91212 of this subchapter and that the designated independent tester has agreed to perform any necessary source testing. (c) Independent testers shall in all cases be subject to approval by the Executive Officer. (d) At any time a responsible party which has previously designated an approved independent tester pursuant to subsection (a) of this section may apply for the substitution, addition or removal of a designation of an independent tester. No such change shall be effective for at least 60 days following the application. (e) The Executive Officer may compliance test any source and charge a fee to the responsible party for the cost of such test, notwithstanding a request for an independent tester, if any of the following conditions prevail: (1) The responsible party has not designated an independent tester to the Executive Officer by August 1, 1981 or by June 1 for any year thereafter. (2) The Executive Officer has found the designated independent tester(s) non-approvable. (3) The designated independent tester has not timely submitted information requested by the Executive Officer pursuant to Section 91207(a). (4) A violation has been found by the most recent source test conducted within a year prior to the proposed current source test; provided, however, that such restriction shall only apply for the specific source found in violation. (5) The Executive Officer has determined that other good cause exists to deny the request. Note: Authority cited: Sections 39600, 39601 and 41512, Health and Safety Code. Reference: Sections 41510, 41511 and 41512, Health and Safety Code. s 91207. Approval of Independent Testers. (a) Independent testers may be approved for performing any of the tests listed in Section 91201 of this subchapter or such other tests as deemed appropriate by the Executive Officer to determine compliance of a source with applicable laws and rules. Such approval can be accomplished by a potential tester's writing the Executive Officer and specifying the test(s) for which approval is sought. The potential tester shall then provide any necessary data requested by the Executive Officer which can substantiate the potential tester's qualifications for performing the noted test(s). (b) Approval of an independent tester may be withdrawn at any time if the approved tester fails to comply with the requirements specified in Sections 91215-91218 of this subchapter or fails to provide the type and quality of data required by the Executive Officer. (c) Upon disapproval or withdrawal of approval of an independent tester, the Executive Officer shall send by certified mail a written statement of the reasons for such action to the independent tester, and to any responsible party requesting or using such tester. (d) An independent tester may request reconsideration of the decision of the Executive Officer to disapprove or withdraw approval of such tester. The request must be received by the Executive Officer within 30 days after mailing the written statement described in subsection (c), and shall contain all evidence the independent tester asserts justifies reconsideration. The Executive Officer may rescind the disapproval or withdrawal if he or she determines that the independent tester satisfies the applicable requirements of this subchapter. A written statement of the reasons for the Executive Officer's decision shall be transmitted in accordance with subsection (c) of this section. Note: Authority cited: Sections 39600, 39601 and 41512, Health and Safety Code. Reference: Sections 41510, 41511 and 41512, Health and Safety Code. s 91208. Conflict of Interest. (a) An independent tester shall not be allowed to conduct a compliance source test pursuant to this subchapter if: (1) It is owned in whole or in part by the responsible party of the source; or (2) In the 12 months preceding the test, the independent tester has received gross income from the responsible party, other than as a result of source test contracts entered into pursuant to this subchapter, in excess of $100,000, or in excess of ten percent of the independent tester's gross annualized revenues; provided that for the purpose of this subsection, "independent tester" and "responsible party" shall include any entity under common ownership with such tester or party; or (3) The independent tester manufactured or installed any emission control device or monitor utilized in connection with the specific source to be tested. (b) An independent tester shall not utilize in a compliance test pursuant to this subchapter any employee or agent who holds a direct or indirect investment in the responsible party of the source of $1,000 or more, or who has directly received in the previous 12 months income in excess of $250 from the responsible party of the source, or who is a director, officer, partner, employee, trustee, or holds any position of management in the responsible party of the source. (c) If the Executive Officer determines that a compliance source test administered pursuant to this subchapter was not conducted in accordance with the provisions of this section, he or she may invalidate the results of the test and the tester may be subject to disqualification from further testing on the Board's behalf. Note: Authority cited: Sections 39600, 39601 and 41512, Health and Safety Code. Reference: Sections 41510, 41511 and 41512, Health and Safety Code. s 91209. Pretest Inspection Right of Entry. The responsible party which has requested testing by an independent tester must allow entry to both authorized representatives of the independent tester and authorized representatives of the Executive Officer for the purpose of conducting a pretest inspection. Note: Authority cited: Sections 39600, 39601 and 41512, Health and Safety Code. Reference: Sections 41510, 41511 and 41512, Health and Safety Code. s 91210. Right of Entry During Independent Testing. When a responsible party requests to be tested by an independent tester, the responsible party shall grant entry to the actual test site, without prior notice, to both the tester's authorized personnel and the Executive Officer's authorized personnel. Note: Authority cited: Sections 39600, 39601 and 41512, Health and Safety Code. Reference: Sections 41510, 41511 and 41512, Health and Safety Code. s 91211. Oversight. All testing requested by the Executive Officer and conducted by an independent tester may be observed by an authorized representative of the Executive Officer. Note: Authority cited: Sections 39600, 39601 and 41512, Health and Safety Code. Reference: Sections 41510, 41511 and 41512, Health and Safety Code. s 91212. Audit Testing of Independent Testers. Without prior notice the responsible party must allow personnel and equipment authorized by the Executive Officer entry for the purpose of testing the capability of the independent tester during the performance of a test. Note: Authority cited: Sections 39600, 39601 and 41512, Health and Safety Code. Reference: Sections 41510, 41511 and 41512, Health and Safety Code. s 91213. Availability of Independent Tester. The responsible party must notify the designated independent tester that he or she may be called upon to perform testing with at least 24 hours advance notice from the Executive Officer. If the tester cannot respond within the required time, then the Executive Officer may conduct the required testing. In such cases the responsible party will be charged for the testing in accordance with Section 91201, Title 17, California Administrative Code. Note: Authority cited: Sections 39600, 39601 and 41512, Health and Safety Code. Reference: Sections 41510, 41511 and 41512, Health and Safety Code. s 91214. Fee and Payment for Testing by Independent Testers. Fees and payment for testing conducted by independent testers shall be arranged by agreement between the independent tester and the responsible party. In no case will the State Board be responsible for collection of fees for any independent tester. Note: Authority cited: Sections 39600, 39601 and 41512, Health and Safety Code. Reference: Sections 41510, 41511 and 41512, Health and Safety Code. s 91215. Confidentiality of Test Information. Without prior approval of the Executive Officer, the independent tester shall not disclose to the responsible party or the responsible party's personnel in advance of the test the dates, locations, or times of testing. The independent tester shall not disclose to the responsible party the results of the test prior to disclosure to the Air Resources Board. Failure to keep such information confidential for such a period may result in indefinite disqualification of the tester. Note: Authority cited: Sections 39600, 39601 and 41512, Health and Safety Code. Reference: Sections 41510, 41511 and 41512, Health and Safety Code. s 91216. Records and Reports. All original records made during testing requested by the State Board shall become the property of the State Board. All or part of such records may be requested by the Executive Officer at any time during or after the test period. All original records and the report of results from the tester should be provided to the Executive Officer no later than 30 days after the testing is complete. Failure to provide the required records or reports may result in disqualification of the tester for further testing required by the State Board. Note: Authority cited: Sections 39600, 39601, and 41512, Health and Safety Code. Reference: Sections 41510, 41511 and 41512, Health and Safety Code. s 91217. Conformity During Testing. An independent tester shall conform to reasonable requests made by the Executive Officer during the test period. Failure to conform as such may result in disqualification from testing as required by the State Board. Note: Authority cited: Sections 39600, 39601, and 41512, Health and Safety Code. Reference: Sections 41510 41511 and 41512, Health and Safety Code. s 91218. Testimony. When requested by the Executive Officer, the independent tester shall provide testimony in court or other prosecutional assistance related to violations discovered as a result of the independent tester's compliance source test. Charges of the independent tester to the State Board for such services shall not exceed the actual travel costs, the per diem rate for state employees applicable at the time of the services, and remuneration for personal services on an hourly basis not to exceed the hourly cost to the State of an employee of the State Board whose job functions are mostly closely equivalent to the functions of the representative of the independent tester rendering the personal services. Note: Authority cited: Sections 39600, 39601 and 41512, Health and Safety Code. Reference: Sections 41510, 41511 and 41512, Health and Safety Code. s 91219. Validity of Independent Tester's Compliance Test Data. Test data produced during compliance testing of a source by an independent tester will be reviewed by the Executive Officer to determine its validity. If such data is determined after consultation with the independent tester and the responsible party to be invalid, the Executive Officer may require a repeat compliance test of the source. Note: Authority cited: Sections 39600, 39601 and 41512, Health and Safety Code. Reference: Sections 41510, 41511 and 41512, Health and Safety Code. s 91220. Unannounced Testing. When there is reasonable cause to believe that a violation has occurred, is occurring, or will occur, the Executive Officer may test directly without prior notice and without allowing such testing to be conducted by an independent tester. Note: Authority cited: Sections 39600, 39601 and 41512, Health and Safety Code. Reference: Sections 41510, 41511 and 41512, Health and Safety Code. s 91400. Equipment and Process Precertification. The Executive Officer may precertify simple, commonly used equipment and processes in accordance with the Air Resources Board's "Criteria for Equipment and Process Precertification" which is incorporated by reference herein. (Adopted: June 14, 1996). The "Criteria for Equipment and Process Precertification" is available upon request from the Air Resources Board's Business Assistance Center, 2020 L Street, Sacramento, California, 95814, telephone 1-800-ARB-HLP2. The Air Resources Board may also be contacted via its Internet home page at: http://www.arb.ca.gov. Note: Authority cited: Sections 39600, 39601 and 39620, Health and Safety Code. Reference: Sections 39000, 39001, 39002, 39003, 39010, 39500, 39515, 39516, 39620, 41511, 41512, 42322 and 57001, Health and Safety Code. s 91500. Purpose. This regulation establishes a statewide methodology for use by air pollution control and air quality management districts (Districts) when calculating the value of emission reduction credits from stationary, mobile, or area sources. As such, this regulation (1) provides a uniform exchange mechanism for stationary, mobile, and area source credits; and (2) provides for the use of credits as a compliance alternative for meeting specified District control requirements. The regulation is intended to ensure that interchangeable credits represent verified emission reductions that are real, permanent, quantifiable, enforceable, and surplus to those emission reductions which are needed to comply with existing requirements and with District air quality plans. Note: Authority cited: Sections 39600, 39601 and 39607.5(a), Health and Safety Code. Reference: Sections 39605, 39607.5(b), 40709-40714.5 and 40920.6(c), Health and Safety Code. s 91501. Definitions. The following definitions shall apply in this sub-chapter. (a) "Air quality plan" includes, but is not limited to, attainment, rate-of-progress, and maintenance plans adopted by Districts pursuant to State requirements specified in Chapter 10 (commencing with section 40910) of Part 3 of Division 26 of the Health & Safety Code (the California Clean Air Act), and federal requirements specified in the Clean Air Act governing the State Implementation Plan (SIP). (b) "Certified" means an interchangeable credit has been evaluated by the air pollution control officer of the affected District pursuant to the requirements of this sub-chapter and found to comply with all applicable District, state, and federal requirements. (c) "Credit generation period" means the period of time, specified by year, in which interchangeable credits are generated. (d) "Emission reduction duration" means the length of time during which the action generating the emission reduction credit results in verifiable and surplus emission reductions. (e) "Hazard Index" means the ratio of the concentration of a toxic pollutant with non-cancer health effects and the reference exposure level for that pollutant. (f) "Interchangeable credit" means an emission reduction credit generated from a stationary, mobile, or area source that can be used, traded, or banked among programs and/or source categories as specified in this regulation and in accordance with state and federal law. (g) "Reference Exposure Level" means a concentration level at or below which no adverse health effects are anticipated. (h) "Registered" means that an interchangeable credit has been deposited, withdrawn, or transferred through the act of recording a transaction in a District's banking register. (i) "Surplus" means that the reduction is not required or assumed throughout the time of the emission reduction duration by any local, state or federal permit, rule, regulation, law, ordinance or the most recent locally approved air quality plan, or control measure implementation date. If the control efficiency or emission standard in the most recent locally approved air quality plan is less stringent than the control efficiency or emission standard in the applicable SIP for a specific source category, then the federally approved SIP will be used for purposes of determining surplus reductions. (j) "Total Hazard Index" means the sum of hazard indices for pollutants with non-cancer health effects that have same or similar adverse health effects. Note: Authority cited: Sections 39600, 39601 and 39607.5(a), Health and Safety Code. Reference: Sections 39607.5(b), 40709-40714.5 and 40920.6(c), Health and Safety Code. s 91502. Certified Credits. District certified credits that are generated pursuant to relevant district, state, and federal requirements and calculation protocols can be used interchangeably among programs and/or source categories to meet applicable district requirements to the extent provided by district rules. Note: Authority cited: Sections 39600, 39601 and 39607.5(a), Health and Safety Code. Reference: Sections 39607.5(b), 40709-40714.5 and 40920.6(c), Health and Safety Code. s 91503. Credit Denomination. Credits that are used interchangeably shall be certified and registered as pounds of pollutant in one year increments. Note: Authority cited: Sections 39600, 39601 and 39607.5(a), Health and Safety Code. Reference: Sections 39607.5(b), 40709-40714.5 and 40920.6(c), Health and Safety Code. s 91504. Banking. (a) Interchangeable credits shall comply with the requirements set forth in Health and Safety Code sections 40709 through 40714.5, and applicable federal requirements governing the creation, banking, and use of credits. Emission reductions proposed to offset simultaneous emissions increases within the same stationary source need not be banked prior to use as offsets, pursuant to section 40709(c). (b) The District shall specify the earliest year in which an interchangeable credit can be used. (c) An interchangeable credit cannot be used prior to its certification and registration, or in any instances in which the District determines such use would not comply with section 91506(d). (d) Credits can be used interchangeably within the time period specified by the District or ARB, consistent with the air quality plan, applicable state and federal requirements and section 91507(b)(6). (e) While banked, a certified and registered credit will retain its full value. At the time of use, credits will be subject to prevailing federal, state, and district requirements. Note: Authority cited: Sections 39600, 39601 and 39607.5(a), Health and Safety Code. Reference: Sections 39607.5(b), 40709-40714.5 and 40920.6(c), Health and Safety Code. s 91505. Applicability. (a) The provisions set forth in this subchapter shall apply to any District which adopts, implements, or amends a rule or regulation which provides for the generation and use of interchangeable credits from stationary, mobile, or area sources. (b) Districts with existing interchangeable credit and trading rules and regulations shall make amendments as necessary to comply with this regulation within nine months of its effective date, unless the District can demonstrate to the satisfaction of the Executive Officer that more time, not to exceed one year total, is necessary. (c) Districts with market incentive programs authorized by Health and Safety Code sections 39616 and 40440.1 that propose to expand such programs to allow the use of interchangeable credits shall ensure compliance with the criteria set forth in section 39616(c), and this sub-chapter. (d) Districts may maintain a separate account of emission reduction credits for new source review offset purposes consistent with sections 40709 et seq. and 40918 through 40920.5 of the Health and Safety Code without complying with the provisions of this sub-chapter. (e) Credits that are used interchangeably must meet all applicable federal, state, and district requirements, including but not limited to the provisions of this subchapter, the adopted air quality plan, and those pertaining to the generation and use of emission reduction credits. Note: Authority cited: Sections 39600, 39601 and 39607.5(a), Health and Safety Code. Reference: Sections 39607.5(b), 40709-40714.5 and 40920.6(c), Health and Safety Code. s 91506. Generation and Use. (a) Districts shall adopt rules which, at a minimum, comply with the provisions of this subchapter and with sections 40920.6(c) & (d) and 40709-40714.5 of the Health and Safety Code prior to allowing the use of interchangeable credits to meet District requirements other than the offset provisions of their new source review programs. (b) Interchangeable credits must be certified by the District in which the generation occurs and registered in that District's emission reduction credit bank prior to use. Districts within the same nonattainment area may establish a multi-district banking program. (c) Districts, in consultation with the Air Resources Board, shall adopt enforceable technical protocols that define how emission reductions will be calculated for purposes of certifying them as interchangeable credits. (d) Use of interchangeable credits must, in the aggregate, result in no greater annual pollutant-specific emissions than would have occurred in lieu of trading, consistent with the District's portion of the air quality plan. The assessment of equivalency shall take into account the exceedance season for each affected nonattainment pollutant. (e) Districts shall ensure compliance with federal, state and District requirements governing credit generation and use through permit conditions or other enforceable instruments. (f) Districts shall not allow the use of emission reduction credits to comply with the "best available control technology" requirements of sections 40405 and 40918-40920.5 of the Health and Safety Code, or with any technology-based requirements of sections 111, 169, 171 and 173 of the federal Clean Air Act (42 U.S.C. 7411, 7479, 7501, 7503). (g) Districts may authorize the use of interchangeable credits consistent with any federal, state, or local requirements applicable to toxic air contaminants, only if allowed by regulations established pursuant to section 39665 et seq. of the Health and Safety Code, and section 112 of the federal Clean Air Act (42 U.S.C. 7412). (h) Surplus emission reductions that meet the requirements of Health and Safety Code section 40714.5 can be used to create interchangeable credits. If not already accounted for in District air quality plans, baseline emissions from qualifying sources must be included and accounted for in the next update to the plan. (i) Emission reduction credits from permitted stationary sources that were certified and banked solely for use in a District's new source review program must be included and accounted for in the air quality plan prior to use in a interchangeable credit trading program. (j) Emission reduction credits or market-based trading instruments generated under programs authorized by Health and Safety Code sections 39616 and 40440.1 may be used interchangeably outside the market incentive program only upon a determination by the District, based upon a study conducted by the District that, in the aggregate, such credits represent real reductions, and provided that: (1) The District submits its request and the above study to the ARB at least 120 days prior to the intended interchangeable use of those credits outside of the original market incentive program. (2) ARB concurs in writing that the District's submittal regarding the interchangeable use of such credits complies with all applicable requirements including the criteria in Health and Safety Code section 39616(c); as it pertains to this program. ARB shall provide a written response containing its finding within 90 days of receipt of the District's submittal. (k) District rules shall provide for assessment and consideration of potential localized impacts that use of interchangeable credits may have on the public's exposure to air pollution. (l) In no case shall the generation and use of credits result in a total facility-wide health risk from toxic air contaminants identified pursuant to Health and Safety code section 39657 that exceeds a district established significance threshold applicable to emissions trading. Health risk shall be assessed using cancer potency values and reference exposure levels established by the Office of Environmental Health Hazard Assessment, pursuant to section 44360(b)(2) of the Health & Safety Code. District programs shall provide for public disclosure of any increase in emissions of toxic air contaminants which results in a total facility-wide cancer health risk above ten in one million or a total facility hazard index greater than 1. Note: Authority cited: Sections 39600, 39601 and 39607.5(a), Health and Safety Code. Reference: Sections 39607.5(b), 40709-40714.5 and 40920.6(c), Health and Safety Code. s 91507. Calculation Methodology. (a) Interchangeable credits shall be calculated based on a District's adoption calculation protocol. The calculation protocol shall include the elements specified in subparagraph (b) and shall be consistent with the following criteria: (1) Emission reductions used to generate interchangeable credits shall be real, permanent for the term of credit generation, enforceable, surplus, and quantifiable. (2) Emission reductions shall be calculated using the most stringent of historic actual emissions, applicable requirements, the District's air quality plan, the federally approved SIP, or, where applicable, other more stringent levels as established in an implementing rule or regulation. (b) Districts shall provide for enforceable credit calculation protocols and procedures that contain the following elements: (1) Calculation methods to determine the amount of reductions being generated as credits, including formulae accounting for emissions rate, operating period, activity level, and technical uncertainty. (2) Procedures for calculating, certifying, and registering credits in one year increments when credits are generated from multi-year emission reductions. (3) Procedures for certifying that emission reductions are surplus and available for use as interchangeable credits. (4) Procedures to incorporate emission inventory updates and changes in source category baselines, air quality plans, and applicable regulatory requirements into the credit calculation protocols. (5) Methodologies used to determine the time period in which a banked credit is available for use, consistent with the air quality plan. (6) Provisions for the use of ARB calculation methodologies, emission factors, certification standards, emission baseline data, and timeframes for credit use for mobile sources and for products under ARB regulatory authority. (7) Provisions for monitoring, recordkeeping, and reporting requirements to verify and enforce credit generation at the specified value over the full generation period. Note: Authority cited: Sections 39600, 39601 and 39607.5(a), Health and Safety Code. Reference: Sections 39607.5(b), 40709-40714.5 and 40920.6(c), Health and Safety Code. s 91508. Program Reporting. (a) Districts shall prepare an annual report on their interchangeable credit trading programs that document the following: (1) Quantity of interchangeable credits generated and used, by pollutant; (2) Extent to which emission reduction credits were used, by rule and source category, to comply with Best Available Retrofit Control Technology and how they were accounted for in the air quality plan; (3) Summary of changes made affecting the calculation methodology elements defined in section 91507(b); and, (4) Actions taken to comply with applicable credit generation and use requirements contained in section 91506. (5) A finding as to whether use of interchangeable credits complied with section 91506(d) requirements. (b) As part of the triennial progress assessment of the air quality plan, Districts with interchangeable credit trading programs shall evaluate the performance of the program as an alternative compliance approach to meet applicable District requirements. The evaluation shall include the results of the annual reports and identify what, if any, changes were incorporated into the emission inventory update as a result of program implementation. Note: Authority cited: Sections 39600, 39601 and 39607.5(a), Health and Safety Code. Reference: Sections 39607.5(b), 40709-40714.5 and 40920.6(c), Health and Safety Code. s 92000. Definitions. For the purposes of this subchapter: (a) "Abrasives" means any material used in abrasive blasting operations including but not limited to sand, slag, steel shot, garnet or walnut shells. (b) "Abrasive blasting" means the operation of cleaning or preparing a surface by forcibly propelling a stream of abrasive material against the surface. (c) "Abrasive blasting equipment" means any equipment utilized in abrasive blasting operations. (d) "Air contaminant" includes smoke, charred paper, dust, soot, grime, carbon, fumes, gases, odors, particulate matter, acids or any combination thereof. (e) "Certified abrasive" means an abrasive which has been certified by the Air Resources Board (ARB) in accordance with section 92530. (f) "Cut-point for fineness" means the smallest United States Standard Sieve size through which no more than one percent by weight of abrasive material will pass before blasting when tested in accordance with California Test method No. 202-G, dated July 1, 1982. (g) "Hydroblasting" means any abrasive blasting using high pressure liquid as the propelling force. (h) "Multiple nozzles" means more than one nozzle being used to abrasive blast the same surface in such close proximity that their separate plumes are indistinguishable. (i) "Permanent building" means a building which is used, in whole or in part, for sandblasting operations. (j) "Person" means any individual, firm, association, organization, partnership, business trust, corporation, company, contractor, supplier, installer, user or owner, or any state or local governmental agency or public district or any officer or employee thereof. "Person" also means the United States Government or its agencies to the extent authorized by federal law. (k) "Sandblasting" means abrasive blasting. ( l) "Source" means the impact surface from any single abrasive blasting nozzle. (m) "Steel or iron shot/grit" means abrasives which meet either the Society of Automotive Engineers (SAE) recommended practices J827 and J444 or Steel Founders' Society of America Standards 21-68 or 20T-66, as those practices and standards existed on 2-24-84. (n) "Sweep abrasive blasting" means a method of cleanup performed in order to achieve surface uniformity or impurity removal after wet blasting, hydroblasting, or vacuum blasting operations. (o) "Vacuum blasting" means any abrasive blasting in which the spent abrasive, surface material, and dust are immediately collected by a vacuum device. (p) "Wet abrasive blasting" means any abrasive blasting using compressed air as the propelling force, which in the judgment of the air pollution control officer uses an amount of water adequate to minimize the plume. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 41900, 41902, 41904 and 41905, Health and Safety Code. s 92100. Scope and Policy. These standards in this subchapter are not intended to prohibit air pollution control districts from enforcing their permit regulations as they apply to abrasive blasting equipment. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 41900, 41902, 41904 and 41905, Health and Safety Code. s 92200. Visible Emission Standards. (a) No person shall, discharge into the atmosphere from any abrasive blasting which is conducted outside a permanent building any air contaminant for a period or periods aggregating more than three minutes in any one hour which is: (1) As dark or darker in shade as that designated as No. 2 on the Ringelmann Chart, as published by the United States Bureau of Mines, or (2) Of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke described in subdivision (a)(1). (b) No person shall, discharge into the atmosphere from any abrasive blasting which is conducted within any permanent building any air contaminant for a period or periods aggregating more than three minutes in any one hour which is: (1) As dark or darker in shade as that designated as No. 1 on the Ringelmann Chart, as published by the United States Bureau of Mines, or (2) Of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke described in subdivision (b)(1). Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 41900, 41902, 41904 and 41905, Health and Safety Code. s 92210. Nuisance Prohibition. Compliance with all rules and regulations in this subchapter does not exempt any person from complying with Section 41700 of the Health and Safety Code, nor from complying with any state statutory or common law nuisance prohibition. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 41900, 41902, 41904 and 41905, Health and Safety Code. s 92220. Compliance with Performance Standards. No person shall conduct any abrasive blasting operation without complying with the performance standards described in article 4. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 41900, 41902, 41904 and 41905, Health and Safety Code. s 92400. Visible Emission Evaluation Techniques. Visible emission evaluation of abrasive blasting operations shall be conducted in accordance with the following provisions: (a) Emissions shall be read in opacities and recorded in percentages. (b) The light source should be at the rear of observer during daylight hours. (c) The light source should be behind the emission during hoursof darkness. (d) Observer position should be at approximately right angles to wind direction, and at a distance no less than twice the height of the source but not more than one quarter of a mile from the base of the source. (e) Emissions from blasting which is conducted outside a permanent building shall be read at a point in the emissions which is (1) twenty-five feet from the source; or (2) at the densest point of the emission after a major portion of the spent abrasive has fallen out, whichever is greater; provided, however, that emissions may be read from a greater distance than either (1) or (2), if the observer reasonably determines that the greater distance will not significantly affect the reading. (f) Where an owner or operator demonstrates that the presence of uncombined water is the only reason for a failure to meet the limitations of section 92200, that section shall not apply. (g) Emissions from blasting which is conducted outside a permanent building and which employs multiple nozzles shall be judged as a single source unless it can be demonstrated by the owner or operator that each nozzle, evaluated separately, meets the emission and performance standards provided for in this subchapter. The owner or operator shall be offered the opportunity to make such a demonstration. (h) Emissions from blasting which is conducted within a permanent building shall be read at the densest point after the air contaminant leaves the building. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 41900, 41902, 41904 and 41905, Health and Safety Code. s 92500. General Provisions. (a) Except as provided in subdivision (b), all abrasive blasting operations shall be conducted within a permanent building. (b) An abrasive blasting operation conducted under one or more of the following conditions is not required to be conducted within a permanent building: (1) Steel or iron shot/grit is used exclusively; (2) The item to be blasted exceeds 8 feet in any dimensions; or (3) The surface being blasted is situated at its permanent location or not further away from its permanent location than is necessary to allow the surface to be blasted. (c) Except for testing conducted in accordance with section 92530(b)(1)(B) and as otherwise provided in section 92510 or 92520, any abrasive blasting operation conducted in accordance with subsections (b)(2) and (b)(3) outside a permanent building must use exclusively: (1) Wet abrasive blasting; (2) Hydroblasting; (3) Vacuum blasting; or (4) Abrasives certified for permissible dry outdoor blasting. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 41900, 41902, 41904 and 41905, Health and Safety Code. s 92510. Pavement Marking. Surface preparation for raised traffic delineating markers and pavement marking removal using abrasive blasting shall comply with at least one of the following performance standards: (a) Wet abrasive blasting, hydroblasting, or vacuum blasting shall be used; (b) Dry abrasive blasting for removal or surface preparation for immediate application of pavement markings of less than 1,000 square feet or for surface preparation for raised traffic delineating markers shall use certified abrasives. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 41900, 41902, 41904 and 41905, Health and Safety Code. s 92520. Stucco and Concrete. Abrasive blasting of stucco and concrete shall be performed by wet blasting, hydroblasting, or vacuum blasting with the following exceptions: Dry blasting with a certified abrasive may be used for: (a) Window and door returns and frames; (b) Eaves, overhangs and ceilings; (c) Sweep abrasive blasting except for stucco surfaces; (d) Completely shrouded structures and blast areas that effectively control emissions; (e) Abrasive cleaning operations other than aggregate exposure or paint removal related to new concrete construction or repair activity if such operations are performed onsite. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 41900, 41902, 41904, and 41905, Health and Safety Code. s 92530. Certified Abrasives. (a) The ARB shall certify abrasives which comply with the performance standards set forth in subdivision (b) below. Any person who desires certification of an abrasive shall furnish to the ARB an adequate test sample, together with fees to defray the cost of testing. Each certification of an abrasive shall include the ARB's determination of the original cut-point for fineness of the abrasive. The ARB shall maintain an up-to-date list of certified abrasives. Certification shall not be effective for more than two years. Abrasive materials which are certified on the effective date of this section shall remain certified until September 1, 1992. (b) Performance Standards. (1) (A) Before blasting the abrasive shall not contain more than one percent by weight material passing a #70 U.S. Standard sieve when tested in accordance with "Method of Test for Abrasive Media Evaluation," Test Method No. California 371-A, dated May 15, 1975. (B) If the abrasive does not meet the requirements of subdivision (b)(1)(A), the person who desires certification of the abrasive may as an alternative demonstrate within the State of California to the satisfaction of the ARB that the abrasive meets a 20 percent opacity emission limit when tested in accordance with the "Visible Emission Evaluation Test Method for Selected Abrasives listed in Permissible Dry Outdoor Blasting," as adopted by the ARB on April 1, 1991, and incorporated herein by reference. The person who desires certification of the abrasive shall be solely responsible for conducting the demonstration. (2) After blasting, the abrasive shall not contain morn than 1.8 percent by weight material 5 microns or smaller when tested in accordance with "Method of Test for Abrasive Media Evaluation," Test Method No. California 371-A, dated May 15, 1975. (c) A used certified abrasive shall not be considered certified for reuse unless the abrasive conforms to its original cut-point for fineness. (d) A blend of certified abrasives shall be considered certified for purposes of section 92530(a), unless found not to meet the requirements of section 92530(b) pursuant to testing initiated by the ARB. (e) All manufacturers and suppliers of certified abrasives shall legibly and permanently label the invoice, bill of lading and abrasive packaging or container with each of the following: (1) The manufacturer's name or identification trade name; (2) The grade, weight proportion of components in abrasive blends, brand name of the abrasive or brand names and grades of components of abrasive blends; and (3) The statement "ARB certified for permissible dry outdoor blasting." (4) This subsection shall become effective six months after April 1, 1991. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 41900, 41902, 41904 and 41905, Health and Safety Code. s 92540. Stucco and Concrete. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 41900, 41902, 41904 and 41905, Health and Safety Code. s 93000. Substances Identified As Toxic Air Contaminants. Each substance identified in this section has been determined by the State Board to be a toxic air contaminant as defined in Health and Safety Code section 39655. If the State Board has found there to be a threshold exposure level below which no significant adverse health effects are anticipated from exposure to the identified substance, that level is specified as the threshold determination. If the Board has found there to be no threshold exposure level below which no significant adverse health effects are anticipated from exposure to the identified substance, a determination of "no threshold" is specified. If the Board has found that there is not sufficient available scientific evidence to support the identification of a threshold exposure level, the "Threshold" column specifies "None identified." Substance Threshold Determination Benzene (C None identified Ethylene Dibromide None identified (BrCH Ethylene Dichloride None identified (ClCH Hexavalent chromium (Cr (VI)) None identified Asbestos [asbestiform varieties of serpentine None identified (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite (amosite), tremolite, actinolite, and anthophyllite] Dibenzo-p-dioxins and Dibenzofurans None identified chlorinated in the 2,3,7 and 8 positions and containing 4,5,6 or 7 chlorine atoms Cadmium (metallic cadmium and cadmium None identified compounds) Carbon Tetrachloride None identified (CCl Ethylene Oxide (1,2-epoxyethane) None identified Methylene Chloride None identified (CH Trichloroethylene None identified (CCl Chloroform (CHCl None identified Vinyl chloride None identified (C Inorganic Arsenic None identified Nickel (metallic nickel None identified and inorganic nickel compounds) Perchloroethylene None identified (C Formaldehyde None identified (HCHO) 1,3-Butadiene None identified (C Inorganic Lead None identified Particulate Emissions from Diesel-Fueled Engines None identified Note: Authority cited: Sections 39600, 39601 and 39662, Health and Safety Code. Reference: Sections 39650, 39660, 39661 and 39662, Health and Safety Code. s 93001. Hazardous Air Pollutants Identified as Toxic Air Contaminants. Each substance listed in this section has been identified as a hazardous air pollutant pursuant to subsection (b) of Section 112 of the federal Clean Air Act (42 U.S.C. Section 7412(b)) and has been designated by the State Board to be a toxic air contaminant pursuant to Health and Safety Code Section 39657. Substance Acetaldehyde Acetamide Acetonitrile Acetophenone 2-Acetylaminofluorene Acrolein Acrylamide Acrylic acid Acrylonitrile Allyl chloride 4-Aminobiphenyl Aniline o-Anisidine Asbestos Benzene (including benzene from gasoline) Benzidine Benzotrichloride Benzyl chloride Biphenyl Bis (2-ethylhexyl) phthalate (DEHP) Bis (chloromethyl) ether Bromoform 1,3-Butadiene Calcium cyanamide Caprolactam Captan Carbaryl Carbon disulfide Carbon tetrachloride Carbonyl sulfide Catechol Chloramben Chlordane Chlorine Chloroacetic acid 2-Chloroacetophenone Chlorobenzene Chlorobenzilate Chloroform Chloromethyl methyl ether Chloroprene Cresols/Cresylic acid (isomers and mixture) o-Cresol m-Cresol p-Cresol Cumene 2,4-D, salts and esters DDE Diazomethane Dibenzofurans 1,2-Dibromo-3-chloropropane Dibutylphthalate 1,4-Dichlorobenzene (p) 3,3-Dichlorobenzidene Dichloroethyl ether (Bis (2-chloroethyl) ether) 1,3-Dichloropropene Dichlorvos Diethanolamine N.N-Diethyl aniline (N.N-Dimethylaniline) Diethyl sulfate 3,3-Dimethoxybenzidine Dimethyl aminoazobenzene 3,3-Dimethyl benzidine Dimethyl carbamoyl chloride Dimethyl formamide 1,1-Dimethyl hydrazine Dimethyl phthalate Dimethyl sulfate 4,6-Dinitro-o-cresol, and salts 2,4-Dinitrophenol 2,4-Dinitrotoluene 1,4-Dioxane (1,4-Diethyleneoxide) 1,2-Diphenylhydrazine Epichlorohydrin (1-Chloro-2,3-epoxypropane) 1,2-Epoxybutane Ethyl acrylate Ethyl benzene Ethyl carbamate (Urethane) Ethyl chloride (Chloroethane) Ethylene dibromide (Dibromoethane) Ethylene dichloride (1,2-Dichloroethane) Ethylene glycol Ethylene imine (Aziridine) Ethylene oxide Ethylene thiourea Ethylidene dichloride (1,1-Dichloroethane) Formaldehyde Heptachlor Hexachlorobenzene Hexachlorobutadiene Hexachlorocyclopentadiene Hexachloroethane Hexamethylene-1,6-diisocyanate Hexamethylphosphoramide Hexane Hydrazine Hydrochloric acid Hydrogen fluoride (Hydrofluoric acid) Hydroquinone Isophorone Lindane (all isomers) Maleic anhydride Methanol Methoxychlor Methyl bromide (Bromomethane) Methyl chloride (Chloromethane) Methyl chloroform (1,1,1-Trichloroethane) Methyl ethyl ketone (2-Butanone) Methyl hydrazine Methyl iodide (Iodomethane) Methyl isobutyl ketone (Hexone) Methyl isocyanate Methyl methacrylate Methyl tert butyl ether 4,4-Methylene bis(2-chloroaniline) Methylene chloride (Dichloromethane) Methylene diphenyl diisocyanate (MDI) 4,4-Methylenedianiline Naphthalene Nitrobenzene 4-Nitrobiphenyl 4-Nitrophenol 2-Nitropropane N-Nitroso-N-methylurea N-Nitrosodimethylamine N-Nitrosomorpholine Parathion Pentachloronitrobenzene (Quintobenzene) Pentachlorophenol Phenol p-Phenylenediamine Phosgene Phosphine Phosphorus Phthalic anhydride Polychlorinated biphenyls (Aroclors) 1,3-Propane sultone beta-Propiolactone Propionaldehyde Propoxur (Baygon) Prophylene dichloride (1,2-Dichloropropane) Propylene oxide 1,2-Propylenimine (2-Methylaziridine) Quinoline Quinone Styrene Styrene oxide 2,3,7,8-Tetrachlorodibenzo-p-dioxin 1,1,2,2-Tetrachloroethane Tetrachloroethylene (Perchloroethylene) Titanium tetrachloride Toluene 2,4-Toluene diamine 2,4-Toluene diisocyanate o-Toluidine Toxaphene (chlorinated camphene) 1,2,4-Trichlorobenzene 1,1,2-Trichloroethane Trichloroethylene 2,4,5-Trichlorophenol 2,4,6-Trichlorophenol Triethylamine Trifluralin 2,2,4-Trimethylpentane Vinyl acetate Vinyl bromide Vinyl chloride Vinylidene chloride (1,1-Dichloroethylene) Xylenes (isomers and mixture) o-Xylenes m-Xylenes p-Xylenes Antimony Compounds Arsenic Compounds (inorganic including arsine) Beryllium Compounds Cadmium Compounds Chromium Compounds Cobalt Compounds Coke Oven Emissions Cyanide Compounds [FN1] Glycol ethers [FN2] Lead Compounds Manganese Compounds Mercury Compounds Fine mineral fibers [FN3] Nickel Compounds Polycyclic Organic Matter [FN4] Radionuclides (including radon) [FN5] Selenium Compounds Note: For all listing above which contain the word "compounds" and for glycol ethers, the following applies: Unless otherwise specified, these listings are defined as including any unique chemical substance that contains the named chemical (i.e., antimony, arsenic, etc) as part of that chemical's infrastructure. [FN1] X ><>1 CN where X=HN <>1 or any other group where a formal dissociation may occur. For example KCN or Ca(CN) 2 [FN2] includes mono- and di-ethers of ethylene glycol, diethylene glycol, and triethylene glycol (R(OCH 2 CH 2) n -OR <>1 where [FNn] = 1,2 or 3 [FNR] = alkyl or aryl groups [FNR] ><>1 = R, H, or groups which, when removed, yield glycol ethers with the structure; R(OCH sub2 CH) subn -OH. Polymers are excluded from the glycol category. [FN3] includes mineral fiber emissions from facilities manufacturing or processing glass, rock, or slag fibers (or other mineral derived fibers) of average diameter 1 micrometer or less. [FN4] includes organic compounds with more than one benzene ring, and which have a boiling point greater than or equal to 100 degrees C [FN5] a type of atom which spontaneously undergoes radioactive decay. Note: Authority cited: Sections 39657, 39600, 39601 and 39662, Health and Safety Code. Reference: Sections 39650, 39655, 39656, 39657, 39658, 39659, 39660, 39661 and 39662, Health and Safety Code. s 93100. Nonvehicular Airborne Toxic Control Measures. The nonvehicular airborne toxic control measures contained in this subchapter have been adopted by the state board and shall be implemented by adoption of regulations by local air pollution control and air quality management districts pursuant to Health and Safety Code Section 39666. Note: Authority cited: Sections 39600, 39601, 39650 and 39666, Health and Safety Code. Reference: Sections 39650 and 39666, Health and Safety Code. s 93101. Benzene Airborne Toxic Control Measure -Retail Service Stations. (a) Definitions. For the purposes of this section, the following definitions shall apply: (1) "ARB-certified vapor recovery system" means a vapor recovery system which has been certified by the state board pursuant to Section 41954 of the Health and Safety Code. (2) "Excavation" means exposure to view by digging. (3) "Gasoline" means 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. (4) "Motor vehicle" has the same meaning as defined in Section 415 of the Vehicle Code. (5) "Owner or operator" means an owner or operator of a retail service station. (6) "Phase I vapor recovery system" means a gasoline vapor recovery system which recovers vapors during the transfer of gasoline from delivery tanks into stationary storage tanks. (7) "Phase II vapor recovery system" means a gasoline vapor recovery system which recovers vapors during the fueling of motor vehicles from stationary storage tanks. (8) "Retail service station" means any new or existing motor vehicle fueling service station subject to payment of California sales tax on gasoline sales. (9) "Existing retail service station" means any retail service station operating, constructed, or under construction as of the date of district adoption of regulations implementing this control measure. (10) "New retail service station" means any retail service station which is not constructed or under construction as of the date of district adoption of regulations implementing this control measure. (11) "Tank replacement" means replacement of one or more stationary storage tanks at an existing retail service station or excavation of 50 percent or more of an existing retail service station's total underground liquid piping from the stationary storage tanks to the gasoline dispensers. (12) "Throughput" means the volume of gasoline dispensed at a retail service station. (b) Phase I Vapor Recovery System Requirements. (1) No owner or operator shall transfer, permit 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 retail service station unless an ARB-certified Phase I vapor recovery system is installed on the stationary storage tank and used during the transfer. (2) The provisions of subdivision (b)(1) shall not apply to: (A) A transfer to a stationary storage tank with a capacity of less than 1.0 cubic meter (260 gallons). (B) A transfer to a stationary storage tank used the majority of the time for the fueling of implements of husbandry as defined in Division 16, Chapter 1, of the Vehicle Code. (C) A transfer to a stationary storage tank used exclusively to fuel motor vehicles with a fuel capacity of five gallons or less. (D) An existing retail service station with an annual station gasoline throughput from tanks other than those described in subdivisions (b)(2)(A), (b)(2)(B) and (b)(2)(C) of 480,000 or fewer gallons during the calendar year prior to district adoption of the measure. If during any calendar year thereafter the gasoline throughput from such tanks at the existing retail service station exceeds 480,000 gallons, this exemption shall cease to apply commencing with the first day of the following calendar year. (E) A transfer to a stationary storage tank at an existing retail service station which receives gasoline exclusively from delivery tanks that are not required to be equipped with vapor recovery systems. (3) Notwithstanding (b)(2)(D), at the time of tank replacement at an existing retail service station, ARB-certified Phase I vapor recovery systems shall be installed and used thereafter on all of the station facilities, except those which are exempt from the Phase I requirement by (b)(2)(A), (b)(2)(B), (b)(2)(C) or (b)(2)(E). (c) Phase II Vapor Recovery System Requirements. (1) No owner or operator shall transfer, permit the transfer or provide equipment for the transfer of gasoline from a stationary storage tank at a retail service station into a motor vehicle fuel tank unless an ARB-certified Phase II vapor recovery system is installed and used during the transfer. (2) The provisions of subdivision (c)(1) shall not apply to: (A) A transfer of gasoline from a stationary storage tank which is exempt from Phase I requirements under subdivision (b)(2)(A), (b)(2)(B), or (b)(2)(C). (B) An existing retail service station which is exempt from Phase I requirements under subdivision (b)(2)(D). (3) Notwithstanding (c)(2)(B), at the time of tank replacement at an existing retail service station, ARB-certified Phase II vapor recovery systems shall be installed and used thereafter on all of the station facilities, except those which are exempt from the Phase II requirement by (c)(2)(A). (d) Correction of Defects. No owner or operator shall use or permit the use of any Phase II system or any component thereof containing a defect identified in Title 17, California Code of Regulations, 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 reinspected the system or have authorized its use pending reinspection. Nothing in this subdivision shall excuse compliance with subdivision (c)(1). (e) Compliance Schedule. For purposes of this section, the following compliance schedule shall apply: (1) The owner or operator of any new retail service station subject to this section shall comply with the provisions of this section at the time gasoline is first sold from the station. (2) The owner or operator of any existing retail service station without ARB-certified Phase I and II vapor recovery systems shall notify the air pollution control officer in writing in advance of an intended tank replacement and shall secure all necessary permits and other approvals for the installation of Phase I and II vapor recovery systems. The owner or operator of an existing retail service station shall comply with the provisions of this section upon completion of the tank replacement. (3) The owner or operator of an existing retail service station subject to this section, who has not earlier complied in accordance with (e)(2), shall within 15 months after district adoption of the regulations implementing this control measure secure all permits and other approvals necessary for installation of the equipment required by this section. The owner or operator shall comply with the provisions of this section within 24 months after district adoption of regulations implementing this control measure. (4) Excluding those existing retail service stations subject to this section as a result of tank replacement, the owner or operator of a previously exempt stationary storage tank or retail service station where the operation or annual throughput has changed such that the exemption from either the Phase I or II requirements or both is no longer applicable, shall comply with the section's provisions in accordance with (e)(3) above, provided that the first day the retail station or stationary storage tank is no longer exempt shall be considered as the date of district adoption of regulations implementing this control measure. Note: Authority cited: Sections 39600, 39601, 39650 and 39666, Health and Safety Code. Reference: Sections 39650 and 39666, Health and Safety Code. s 93102. Hexavalent Chromium Airborne Toxic Control Measure for Chrome Plating and Chromic Acid Anodizing Operations. (a) Applicability. (1) This regulation shall apply to each chromium electroplating or chromic acid anodizing tank at facilities performing hard chromium electroplating, decorative chromium electroplating, or chromic acid anodizing. (2) This regulation shall not apply to process tanks associated with a chromium electroplating or chromic acid anodizing process, but in which neither chromium electroplating nor chromic acid anodizing is taking place. Examples of such tanks include, but are not limited to, rinse tanks, etching tanks, cleaning tanks. Tanks that contain a chromium solution, but in which no electrolytic process occurs, are not subject to this regulation. An example of such a tank is a chrome conversion coating tank where no electrical current is applied. (3) The requirements of subsections (e), (f), and (g) do not apply to decorative chrome electroplating tanks using a trivalent chromium bath with a wetting agent. (4) The requirements of subsections (c) and (g) do not apply during periods of equipment breakdown, provided the provisions of the permitting agency's breakdown rule are met (see Appendix 6). (5) The owner or operator of a major source subject to the requirements of this section is required to obtain a title V permit (See 42 U.S.C. 7401, et seq.) from the permitting authority of the district in which the major source is located. (b) Definitions. For the purposes of this regulation, the following definitions shall apply: (1) Add-on air pollution control device means equipment installed in the ventilation system of chromium electroplating and anodizing tanks for the purposes of collecting and containing chromium emissions from the tank(s). (2) Air pollution control technique means any method, such as an add-on air pollution control device or a chemical fume suppressant, that is used to reduce chromium emissions from chromium electroplating and chromic acid anodizing tanks. (3) Ampere-hours means the integral of electrical current applied to a plating tank (amperes) over a period of time (hours). (4) Area source means any stationary source of hazardous air pollutants that is not a major source as defined in this part. (5) Base metal means the metal or metal alloy that comprises the workpiece. (6) Bath component means the trade or brand name of each component(s) in trivalent chromium plating baths. For trivalent chromium baths, the bath composition is proprietary in most cases. Therefore, the trade or brand name for each component(s) can be used; however, the chemical name of the wetting agent contained in that component must be identified. (7) Breakdown means an unforeseeable impairment of an air pollution control equipment or related operating equipment which causes a violation of any emission limitation or restriction prescribed by a permitting agency's rule or by State law and which: is not the result of neglect or disregard of any air pollution control law, rule, or regulation; is not intentional or the result of negligence, or improper maintenance; is not a recurrent breakdown of the same equipment; and, does not constitute a nuisance pursuant to section 41700 of the California Health and Safety Code, with the burden of proving the criteria of this section placed upon the person seeking to come under the provisions of this law. (8) Chemical fume suppressant means any chemical agent that reduces or suppresses fumes or mists at the surface of an electroplating or anodizing bath; another term for fume suppressant is mist suppressant. (9) Chromic acid means the common name for chromium anhydride (CrO3). (10) Chromic acid anodizing means the electrolytic process by which an oxide layer is produced on the surface of a base metal for functional purposes (e.g., corrosion resistance or electrical insulation) using a chromic acid solution. In chromic acid anodizing, the part to be anodized acts as the anode in the electrical circuit, and the chromic acid solution, with a concentration typically ranging from 50 to 100 grams per liter (g/L), serves as the electrolyte. (11) Chromium electroplating or chromic acid anodizing tank means the receptacle or container in which hard or decorative chromium electroplating or chromic acid anodizing occurs. (12) Composite mesh-pad system means an add-on air pollution control device typically consisting of several mesh-pad stages. The purpose of the first stage is to remove large particles. Smaller particles are removed in the second stage, which consists of the composite mesh pad. A final stage may remove any reentrained particles not collected by the composite mesh pad. (13) Decorative chromium electroplating means the process by which a thin layer of chromium (typically 0.003 to 2.5 microns) is electrodeposited on a base metal, plastic, or undercoating to provide a bright surface with wear and tarnish resistance. In this process, the part(s) serves as the cathode in the electrolytic cell and the solution serves as the electrolyte. Typical current density applied during this process ranges from 540 to 2,400 Amperes per square meter (A/m <>2) for total plating times ranging between 0.5 to 5 minutes. (14) Electroplating or anodizing bath means the electrolytic solution used as the conducting medium in which the flow of current is accompanied by movement of metal ions for the purpose of electroplating metal out of the solution onto a workpiece or for oxidizing the base material. (15) Emission limitation means, for the purposes of this section, the concentration of total chromium allowed to be emitted expressed in milligrams per dry standard cubic meter (mg/dscm), or the allowable surface tension expressed in dynes per centimeter (dynes/cm) for decorative chromium electroplating and chromic acid anodizing tanks; and the milligrams of hexavalent chromium per ampere-hour (mg/amp-hr) of electrical charge applied to the electroplating tank for hard chromium electroplating tanks. (16) Facility means the major or area source at which chromium electroplating or chromic acid anodizing is performed. (17) Fiber-bed mist eliminator means an add-on air pollution control device that removes contaminants from a gas stream through the mechanisms of inertial impaction and Brownian diffusion. These devices are typically installed downstream of another control device, which serves to prevent plugging, and consist of one or more fiber beds. Each bed consists of a hollow cylinder formed from two concentric screens; the fiber between the screens may be fabricated from glass, ceramic, plastic. or metal. (18) Foam blanket means the type of chemical fume suppressant that generates a layer of foam across the surface of a solution when current is applied to that solution. (19) Fresh water means water, such as tap water, that has not been previously used in a process operation or, if the water has been recycled from a process operation, it has been treated and meets the effluent guidelines for chromium wastewater. (20) Hard chromium electroplating or industrial chromium electroplating means a process by which a thick layer of chromium (typically greater than 1.0 microns) is electrodeposited on a base material to provide a surface with functional properties such as wear resistance, a low coefficient of friction, hardness, and corrosion resistance. In this process, the part serves as the cathode in the electrolytic cell and the solution serves as the electrolyte. Hard chromium electroplating process is performed at current densities typically ranging from 1,600 to 6,500 A/m <>2 for total plating times ranging from 20 minutes to 36 hours depending upon the desired plate thickness. (21) Hexavalent chromium means the form of chromium in a valence state of +6. (22) High Efficiency Particulate Air (HEPA) filter means filter(s) rated at 99.97 percent or more efficient in collecting particle sizes 0.3 microns or larger. (23) Large, hard chromium electroplating facility means a facility that performs hard chromium electroplating and emits greater than or equal to 10 pounds per year (lbs/yr) controlled emissions of hexavalent chromium. (24) Leak means the release of chromium emissions from any opening in the emission collection system prior to exiting the emission control device. (25) Major source means any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit considering controls, in the aggregate, 10 tons per year or more of any hazardous air pollutant or 2 5 tons per year or more of any combination of hazardous air pollutants. (26) Maximum cumulative potential rectifier capacity means the summation of the total installed rectifier capacity associated with the hard chromium electroplating tanks at a facility, expressed in amperes, multiplied by the maximum potential operating schedule of 8,400 hours per year and 0.7, which assumes that electrodes are energized 70 percent of the total operating time. The maximum potential operating schedule is based on operating 24 hours per day, 7 days per week, 50 weeks per year. (27) Mechanical fume suppressant means any device that reduces fumes or mist at the surfaces of an electroplating or anodizing bath by direct contact with the surface of the bath. Polyballs are the most commonly used mechanical fume suppressant. (28) Medium, hard chromium electroplating facility means a facility that performs hard chromium electroplating and emits greater than 2 pounds per year (lbs/yr) controlled emissions but less than 10 pounds per year (lbs/yr) controlled emissions of hexavalent chromium. (29) Modification means either: (A) any physical change in, change in method of operation of, or addition to an existing permit unit that requires an application for a permit to construct and/or operate. Routine maintenance and/or repair shall not be considered a physical change. A change in the method of operation of equipment, unless previously limited by an enforceable permit condition, shall not include: 1. an increase in the production rate, unless such increases will cause the maximum design capacity of the equipment to be exceeded; or 2. an increase in the hours of operation; or 3. a change in ownership of a source; or (B) the addition of any new permit unit at an existing source; or (C) the fixed capital cost of the replacement of components exceeding 50 percent of the fixed capital cost that would be required to construct a comparable new source. (30) Operating parameter value means a minimum or maximum value established for a control device or process parameter which, if achieved by itself or in combination with one or more other operating parameter values, determines that an owner or operator is in continual compliance with the applicable emission limitation or standard. (31) Packed-bed scrubber means an add-on air pollution control device consisting of a single or double packed-bed that contains packing media on which the chromic acid droplets impinge. The packed-bed section of the scrubber is followed by a mist eliminator to remove any water entrained from the packed-bed section. (32) Responsible official means one of the following: (A) For a corporation: A president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities and either: 1. The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or 2. The delegation of authority to such representative is approved in advance by the Administrator. (B) For a partnership or sole proprietorship: a general partner or the proprietor, respectively. (C) For a municipality, state, Federal, or other public agency: either a principal executive officer or ranking elected official. For the purposes of this part, a principal executive officer of a Federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional Administrator of the U.S. EPA). (D) For sources (as defined in this part) applying for or subject to a title V permit: "responsible official" shall have the same meaning as defined in 40 CFR Part 70 or federal title V regulations in this chapter (42 U.S.C. 7401, et seq.), whichever is applicable. (33) Small, hard chromium electroplating facility means a facility that performs hard chromium electroplating and emits less than or equal to 2 pounds per year (lbs/yr) controlled emissions of hexavalent chromium. (34) Source means any chromium electroplating or chromic acid anodizing operation and any equipment or materials associated with the selected associated air pollution control technique. (35) Stalagmometer means a device used to measure the surface tension of a solution. (36) Surface tension means the property, due to molecular forces, that exists in the surface film of all liquids and tends to prevent liquid from spreading. (37) Tank operation means the time in which current and/or voltage is being applied to a chromium electroplating tank or a chromic acid anodizing tank. (38) Tensiometer means a device used to measure the surface tension of a solution. (39) Trivalent chromium means the form of chromium in a valence state of +3. (40) Trivalent chromium process means the process used for electrodeposition of a thin layer of chromium onto a base material using a trivalent chromium solution instead of a chromic acid solution. (41) Weekly means at least once every seven calendar days. (42) Wetting agent means the type of chemical fume suppressant that reduces the surface tension of a liquid. (c) Standards. (1) Hard Chrome Electroplating Operations. During tank operation, each owner or operator of an existing, modified, or new source shall control hexavalent chromium emissions discharged to the atmosphere from that source by reducing the hexavalent chromium emissions from the add-on air pollution control device(s) serving the electroplating tank as identified below. (A) Existing Operations (on or before 12/16/93) Facility Controlled Requirement Size Emissions [FN1] (lb/yr) <= 60 million <= 60 million amp-hrs amp-hrs [FN2] [FN2] Option 1 Option 2 [FN3] _______________________________________________________________________________ Large >= 10 lbs/yr <= 0.006 <= 006mg/amp-hr <= 006mg/amp-hr mg/amp-hr Medium < 10 lbs/yr <= 0.03 <= 0.006 <= 0.03 mg/amp/hr mg/amp-hr mg/amp-hr but > 2 lbs/yr and 0.015 mg/dscm Small <= 2 lbs/yr <= 0.15 <= 0.03 mg/amp-hr <= 0.15 mg/amp-hr mg/amp-hr and 0.015 mg/dscm _______________________________________________________________________________ (B) New and/or Modified Operations (after 12/16/93) Facility Controlled Requirement Size Emissions [FN1] (lb/yr) <=60 million amp-hrs > 60 million amp-hrs [FN2] [FN2] _______________________________________________________________________________ Large >= 10 lbs/yr <= 0.006 mg/amp-hr <= 0.006 mg/amp/hr Medium <10 lbs/yr <= 0.03 mg/amp-hr <= 0.006 mg/amp-hr _______________________________________________________________________________ [FN1] combined hexavalent or total chrome emissions from hard chrome plating operations [FN2] maximum cumulative potential rectifier capacity or usage limit [FN3] "Option 2" is an alternative emission limitation for small and medium facilities that elect to demonstrate compliance with both a mg/amp-hr and a mg/dscm requirement. (C) Very small operations using less than or equal to 500,000 ampere-hours per year. The permitting agency may approve, on a case-by-case basis, alternative standards for small hard chrome plating operations using less than or equal to 500,000 ampere-hours per year. The operation must have been constructed on or before December 16, 1993. At a minimum, the source must use a chemical fume suppressant containing a wetting agent to lower the surface tension of the plating bath to at least 45 dynes per centimeter (dynes/cm) (3.1x10 <>- 3 pound-force per foot [lbF/ft]). The permitting agency may require additional emission reduction techniques as necessary to reduce the public health impact of emissions from the operation. The owner or operator must comply with the applicable monitoring [subsection (e)], recordkeeping [subsection (h)], and reporting [subsection (i)] requirements. If an emission reduction technique not identified in this rule is used, the owner or operator must submit a plan to the permitting agency describing the alternative technique and identifying appropriate monitoring, recordkeeping, and reporting requirements. The permitting agency, with U.S. EPA concurrence, shall approve this plan if equivalent results are obtained. Upon approval, the requirements identified in the plan shall be the applicable requirements under this regulation. (2) Decorative Chrome Electroplating and Chromic Acid Anodizing Facilities. During tank operation, each owner or operator of an existing, modified, or new source shall control hexavalent chromium emissions discharged to the atmosphere by meeting either of the requirements identified below. Method of compliance Requirement _______________________________________________________________________________ add-on air pollution control equipment, <= 0.01milligrams per dry or chemical fume suppressants, or standard cubic meter of air mechanical fume suppressants (i.e. polyballs) (mg/dscm) (4.4x10 <>-6 gr/dscf) _______________________________________________________________________________ chemical fume suppressants containing a <= 45 dynes per centimeter wetting agent (dynes/cm) (3.1x10 <>-3 pound-force per foot [lbF/ft]) _______________________________________________________________________________ (3) Decorative Chrome Electroplating Tanks Using a Trivalent Chromium Bath. During tank operation, each owner or operator of an existing, modified, or new source shall control chromium emissions discharged to the atmosphere by meeting either of the requirements identified below. Method of compliance Requirement _______________________________________________________________________________ add-on air pollution control equipment, <= 0.01 mg/dscm (4.4x10 <>-6 or gr/dscf) chemical fume suppressants, or mechanical fume suppressants (i.e. polyballs) _______________________________________________________________________________ chemical fume suppressants containing a use wetting agent as bath wetting agent ingredient and comply with recordkeeping and reporting provisions of subsections (h)(9) and (i)(5). _______________________________________________________________________________ (d) Performance Test Requirements and Test Methods. (1) Performance test requirement. Any source subject to the emission standards in subsection (c)(1)(A) or (B), or any source electing to comply with the mg/dscm emission standard in subsections (c)(2) or (c)(3) shall conduct a performance test to demonstrate compliance with the applicable emission standards within 180 days after initial startup. (2) Use of existing performance test. A performance test conducted prior to July 24, 1997 may be used to demonstrate compliance provided the existing source test is approved by the permitting agency and the U.S. EPA. (3) Approved test methods. (A) Emissions testing shall be conducted in accordance with one of the following test methods: 1. CARB Test Method 425, last amended July 28, 1997, (section 94135, Title 17, California Code of Regulations (CCR); or 2. U.S. EPA Method 306, (40 CFR 63 Appendix A) with a minimum of three test runs; or 3. South Coast Air Quality Management District Method 205.1, for results reported as total chromium. (B) Smoke Test to Verify the Seal Integrity of Covers Designed to Reduce Chromium Emissions from Electroplating and Anodizing Tanks (See Appendix 5.) (C) Surface tension shall be measured in accordance with U.S. EPA Method 306B (40 CFR 63 Appendix A). (4) Pre-Test protocol. Sources subject to the provisions of subsection (d)(1), above, must submit a pre-test protocol at least 60 days prior to conducting a performance test. The pre-test protocol shall include the performance test criteria of the end user and all assumptions, required data, and calculated targets for testing the source target chromium concentration, the preliminary chromium analytical data, and the planned sampling parameters. In addition, the pre-test protocol shall include information on equipment, logistics, personnel, and other resources necessary for an efficient and coordinated test. (5) Test all emission points. Each emission point subject to the requirements of this regulation must be tested unless a waiver is granted by U.S. EPA and approved by the permitting agency. (e) Parameter Monitoring. (1) Ampere-hours. Each tank or group of tanks shall have installed a continuous recording, non resettable, ampere-hour meter that operates on the electrical power lines connected to the tank or group of tanks. A separate meter shall be hard-wired for each rectifier. (2) Pressure drop. The owner or operator shall continuously monitor the pressure drop across an add-on control device such as a composite mesh-pad (CMP), packed-bed scrubber (PBS), a CMP/PBS, fiber-bed mist eliminator, and a High Efficiency Particulate Air (HEPA) filter with a mechanical gauge. The gauge shall be located so that it can be easily visible and inclear sight of the operation or maintenance personnel. The pressure drop shall be maintained within + 1 inch of water of the value established during the performance test to demonstrate compliance with the emission limitation for CMP, PBS, a CMP/PBS, and a fiber-bed mist eliminator. The pressure drop shall be maintained within - 1/2 times to +2 times the inches of water of the value established during the performance test to demonstrate compliance with the emission limitation for HEPA filters. (3) Inlet velocity pressure. The owner or operator shall continuously monitor the inlet velocity pressure of a packed-bed scrubber with a mechanical gauge. The gauge shall be located so that it can be easily visible and in clear sight of the operation or maintenance personnel. The inlet velocity pressure shall be maintained within + 10 percent of the value established during the performance test to demonstrate compliance with the emission limitation. (4) Surface tension. The owner or operator shall monitor the surface tension of the chrome plating or chromic acid anodizing tank that contains a wetting agent with either a stalagmometer or tensiometer using U.S. EPA Method 306B. The surface tension shall be maintained at or below the value required by subsection (c)(2). Surface tension shall be measured daily for 20 operating days, and weekly thereafter as long as there is no violation of the surface tension requirement. If a violation occurs, the measurement frequency shall return to daily for 20 operating days, and weekly thereafter. (5) Foam blanket thickness. The owner or operator shall monitor the foam blanket thickness across the surface of the chrome plating or chromic acid anodizing tank. The foam blanket thickness shall be maintained consistent with the requirements established during the performance test to demonstrate compliance with the emission limitation. Foam thickness shall be measured hourly for 15 operating days, and daily thereafter as long as there is no violation of the foam thickness requirement. If a violation occurs, the measurement frequency shall return to hourly for 15 operating days, and daily thereafter. (6) Polyballs or similar mechanical fume suppressants. The owner or operator shall visually inspect the chrome plating or chromic acid anodizing tank for coverage comparable to the coverage during the performance test daily. (f) Inspection and Maintenance Requirements. (1) Hard and decorative chrome electroplating, and chromic acid anodizing operations using add-on air pollution control equipment shall comply with the applicable inspection and maintenance requirements listed in Table (f)(1). Table (f)(1) -Summary of Inspection and Maintenance Requirements for Sources Using Add-on Air Pollution Control Devices Control Inspection and Maintenance Requirements Frequency Technique/Equipment _______________________________________________________________________________ Composite mesh-pad 1. Visually inspect device to ensure 1. 1/quarter. that (CMP) system. there is proper drainage, no unusual chromic acid buildup on the pads, and no evidence of chemical attack that affects the structural integrity of the device. 2. Visually inspect back portion of the 2. 1/quarter. mesh pad closest to the fan to ensure there is no breakthrough of chromic acid mist. 3. Visually inspect ductwork from tank 3. 1/quarter. to the control device to ensure there are no leaks. 4. Perform washdown of the composite 4. Per manufa- cturer. mesh-pads in accordance with manufacturer's recommendations. Packed-bed scrubber 1. Visually inspect device to ensure 1. 1/quarter. there is (PBS) proper drainage, no unusual chromic acid buildup on the packed-beds, and no evidence of chemical attack that affects the structural integrity of the device. 2. Visually inspect back portion of the 2. 1/quarter. chevron blade mist eliminator to ensure that it is dry and there is no breakthrough of chromic acid mist. 3. Same as number 3 above for CMP 3. 1/quarter. system. 4. Add fresh makeup water to the packed 4. Whenever bed [FNA] makeup is needed. PBS/CMP system 1. Same as for CMP system 1. 1/quarter. 2. Same as for CMP system 2. 1/quarter. 3. Same as for CMP system 3. 1/quarter. 4. Same as for CMP system 4. Per manufa- cturer. Fiber-bed mist 1. Visually inspect fiber-bed unit and 1. 1/quarter. eliminator [FNB] prefiltering device to ensure there is proper drainage, no unusual chromic acid buildup in the units, and no evidence of chemical attack that affects the structural integrity of the devices. 2. Visually inspect ductwork from tank 2. 1/quarter. or tanks to the control device to ensure there are no leaks. 3. Perform washdown of fiber elements in 3. Per manufa- cturer. accordance with manufacturer's recommendations. 1. Look for changes in the pressure 1. 1/week drop. High Efficiency 2. Replace HEPA filter. 2. Per manufa- Particulate Air cturer's sp- ecifications (HEPA) filter or permitting agency's requirement. Chrome Tank Covers 1. Drain the air-inlet (purge air) 1. 1 /day. valves at the end of each day that the tank is in operation. 2. Visually inspect access door seals 2. 1/week. and membranes for integrity. 3. Drain the evacuation unit directly 3. 1/week. into the plating tank or into the rinse tanks (for recycle into the plating tank). 4. Visually inspect membranes for 4. 1/month. perforations using a light source that adequately illuminates the membrane (e.g., Grainger model No. 6X971 Fluorescent Hand Lamp). 5. Visually inspect all clamps for 5. 1/month. proper operation; replace as needed. 6. Clean or replace filters on 6. 1/month. evacuation unit. 7. Visually inspect piping to, piping 7. l/quarter. from, and body of evacuation unit to ensure there are no leaks and no evidence of chemical attack. 8. Replace access door seals, membrane 8. Per manufa- cturer. evacuation unit filter, and purge air inlet check valves in accordance with the manufacturer's recommendations. Pitot tube Backflush with water, or remove from the 1/quarter. duct and rinse with fresh water. Replace in the duct and rotate 180 degrees to ensure that the same zero reading is obtained. Check pitot tube ends for damage. Replace pitot tube if cracked or fatigued. Ampere-hour meter Install and maintain per manufacturer's Per manufactu- rer. specifications [FNA] Horizontal packed-bed scrubbers without continuous recirculation must add make-up water to the top of the packed-bed. [FNB] Inspection and maintenance requirements for the control device installed upstream of the fiberbed mist eliminator to prevent plugging do not apply as long as the inspection and maintenance requirements for the fiber-bed unit are followed. (2) Hard and decorative chrome electroplating, and chromic acid anodizing operations using chemical fume suppressants (i.e. wetting agent, foam) or mechanical fume suppressants (i.e. polyballs) shall comply with the applicable inspection and maintenance requirements in Table (f)(2). Table (f)(2) -Summary of Inspection and Maintenance Requirements for Sources Using Chemical or Mechanical Fume Suppressants Equipment Inspection and Maintenance Requirement Frequency for Monitoring Equipment _______________________________________________________________________________ Ampere-hour meter Install and maintain per manufacturer's Per manufacturer. specifications Stalagmometer/ Calibrate and maintain per manufacturer's Per manufacturer. Tensiometer specifications (g) Operation and Maintenance Plan Requirements. (1) Prepare the O&M plan. The owner or operator subject to the inspection and maintenance requirements of subsection (f)(1) shall prepare an operation and maintenance plan. For major sources, the plan shall be incorporated by reference into the source's title V permit. The plan shall incorporate the inspection and maintenance requirements for that device or monitoring equipment, as identified in Table (f)(1) of this section and include the following elements: (A) A standardized checklist to document the operation and maintenance of the source, the add-on air pollution control device, and the process and control system monitoring equipment; and (B) Procedures to be followed to ensure that equipment is properly maintained. [To satisfy the inspection and maintenances of this subsection, the owner or operator may use applicable standard operating procedure (SOP) manuals, Occupational Safety and Health Administration (OSHA) plans, or other existing plans, provided the alternative plans meet the requirements of this subsection.] (2) Retain the O&M plan. The owner or operator shall keep the written operation and maintenance plan on record after it is developed to be made available for inspection, upon request, during normal working hours. (3) Changes to the O&M plan. Any changes made by the owner or operator should be documented in an addendum to the plan. In addition, the owner or operator shall keep previous (i.e., superseded) versions of the operation and maintenance plan on record to be made available for inspection, upon request, during normal working hours, for a period of 5 years after each revision to the plan. (4) Revisions to the O&M plan to address breakdowns. The operation and maintenance plan shall be revised as necessary to minimize breakdowns. (h) Recordkeeping. (1) Inspection records for sources using add-on control air pollution control devices. The owner or operator shall maintain inspection records to document that the inspection and maintenance requirements of subsection (f) and Table (f)(1), and the provisions of the operation and maintenance plan required by subsection (g) have been met. The record can take the form of a checklist and shall identify: (A) the device inspected, (B) the date and time of inspection, (C) a brief description of the working condition of the device during the inspection, (D) maintenance activities performed on the components of the air pollution control system (i.e. duct work replacement, filter pad replacement, fan replacement, etc), and (E) actions taken to correct deficiencies found during the inspection. (2) Inspection records for sources using chemical fume suppressants (i.e. wetting agent, foam) or mechanical fume suppressants (i.e. polyballs). The owner or operator shall maintain inspection records to document that the inspection and maintenance requirement of subsection (f)(2) and Table (f)(2) have been met. The record can take the form of a checklist. (3) Performance test records. The owner or operator shall maintain test reports documenting the conditions and results of all performance tests. (4) Monitoring data records. The owner or operator shall maintain records of monitoring data required by subsection (e) that are used to demonstrate compliance with the standard including the date and time the data are collected. (A) Cumulative rectifier usage records. Record the actual cumulative rectifier usage expended during each month of the reporting period, and the total usage expended to date. (B) Pressure drop. The owner or operator shall record the pressure drop once a week. (C) Inlet Velocity Pressure. The owner or operator shall record the inlet velocity pressure weekly. (D) Surface tension. The owner or operator shall record the surface tension daily for 20 operating days, and weekly thereafter as long as there is no violation of the surface tension requirement. If the surface tension exceeds 45 dynes/cm, the owner or operator shall again record the surface tension daily for 20 operating days, and weekly thereafter. (E) Foam thickness. The owner or operator shall record the foam thickness hourly for 15 operating days, and daily thereafter as long as there is no violation of the foam thickness requirement. If a violation occurs, the measurement frequency shall return to hourly for 15 operating days, and daily thereafter. (5) Breakdown records. The owner or operator shall maintain records of the occurrence, duration, and cause (if known) and action taken on each breakdown. (6) Records of excesses. The owner or operator shall maintain records of exceedances of: the emission limitations in subsection (c), the monitoring parameter values established under subsection (e), or any site-specific operating parameters established for alternative equipment. The records shall include the date of the occurrence, the duration, cause (if known), and, where possible, the magnitude of any excess emissions. (7) Records demonstrating facility size. Facility size is determined by the maximum cumulative potential rectifier capacity. However, a facility with a maximum cumulative potential rectifier capacity of 60 million amp-hr/yr or more may, at the option of the owner or operator, be considered small or medium if the actual cumulative rectifier usage is less than 60 million amp-hr/yr as demonstrated by using either of the following procedures: (A) Annual actual cumulative rectifier capacity. Show by records that the facility's previous annual actual cumulative rectifier capacity was less than 60 million amp-hr/yr, by using nonresettable ampere-hour meters and keeping monthly records of actual ampere-hour capacity for each 12-month rolling period following the compliance date. The actual cumulative rectifier capacity for the previous 12-month rolling period shall be tabulated monthly by adding the capacity for the current month to the capacities for the previous 11 months; or (B) Maximum cumulative potential rectifier usage limit. By accepting a limit on the maximum cumulative potential rectifier usage of a hard chromium electroplating facility through a title V permit condition or a permitting agency operating permit condition and by maintaining monthly records in accordance with subsection (h)(4)(A) to demonstrate that the limit has not been exceeded. (8) Records of fume suppressant additions. For sources using fume suppressants to comply with the standards, the owner or operator shall maintain records of the date, time, approximate volume, and product identification of the fume suppressants that are added to the electroplating or anodizing bath. (9) Records of trivalent bath components.. For sources complying with subsection (c)(3) using trivalent chrome baths, the owner or operator shall maintain records of the bath components purchased, with the wetting agent clearly identified as a bath constituent contained in one of the components. (10) New/modified source review information. The owner or operator shall maintain records supporting the notifications and reports required by the permitting agency's new source review provisions and/or subsection (j). (11) Records retention. All records shall be maintained for five years, at least two years on site. (i) Reporting. (1) Performance test documentation. (A) Notification of performance test. 1. The owner or operator of a source shall notify the permitting agency of his or her intention to conduct a performance test at least 60 calendar days before the performance test is scheduled. 2. The provisions in subsection (i)(1)(A)1., above, do not apply if the performance test was conducted prior to July 24, 1997 and was approved by the permitting agency and the U.S. EPA. (B) Reports of performance test results. The owner or operator shall report performance test results to the permitting agency. Reports of performance test results shall be submitted no later than 90 days following the completion of the required performance test, and shall be submitted as part of the notification of compliance status required by paragraph (2) of this subsection. (C) The content of performance test reports is identified in Appendix 1. (2) Initial compliance status report. An initial compliance status report is required each time that a source becomes subject to the requirements of this section. The owner or operator shall submit to the permitting agency an initial compliance status report, signed by the responsible official who shall certify its accuracy, attesting to whether the source has complied with this rule. (A) Initial compliance status report due date. 1. For sources required to conduct a performance test, the initial compliance status report shall be submitted to the permitting agency no later than 90 calendar days following completion of the compliance demonstration. 2. For sources that are not required to complete a performance test, the initial compliance status report shall be submitted to the permitting agency no later than 30 days after the effective date of this rule for existing sources, or at start-up for new sources. (B) The content of the initial compliance status report is identified in Appendix 2. (3) Ongoing compliance status reports. The owner or operator shall submit a summary report to the permitting agency to document the ongoing compliance status. (A) Frequency of ongoing compliance status reports. 1. The report shall be submitted annually for major sources. 2. The report shall be prepared annually and made available to the permitting agency upon request for area sources. (B) The content of ongoing compliance status reports is identified in Appendix 3. (4) Reports of breakdowns. The owner or operator shall report breakdowns as required by the permitting agency's breakdown rule. (5) Reports associated with trivalent chromium baths using a wetting agent. Owners or operators with trivalent chromium baths using a wetting agent are not subject to paragraphs (1) through (3) of this subsection, but must instead submit the following reports: (A) Sources currently using trivalent chrome. No later than 30 days after the effective date of this rule, the owner or operator shall submit a notification of compliance status that contains: 1. The name and address of each source subject to this paragraph; 2. A statement that a trivalent chromium process that incorporates a wetting agent will be used to comply with these requirements; and 3. The list of bath components that comprise the trivalent chromium bath, with the wetting agent clearly identified. (B) Sources changing to trivalent chrome. Within 30 days of a change to the trivalent chromium electroplating process, a report that includes: 1. A description of the manner in which the process has been changed and the emission limitation, if any, now applicable to the source; and 2. The notification and reporting requirements of paragraphs (1), (2), and (3) of this subsection, if the source complies with the emission limitation option, or paragraph (5) of this subsection, if the source uses a wetting agent to comply. The report shall be submitted in accordance with the schedules identified in those paragraphs. (6) Adjustments to the timeline for submittal and format of reports. A permitting agency may adjust the timeline for submittal of periodic reports, allow consolidation of multiple reports into a single report, establish a common schedule for submittal or reports, or accept reports prepared to comply with other State or local requirements. Prior to allowing an adjustment, the permitting agency must find that the adjustment will provide the same information and will not alter the overall frequency of reporting. (j) New and Modified Sources. (1) Notification of Construction Reports. After the effective date of this rule no person may construct or modify a source, such that it becomes a source subject to this section, without submitting a notification of construction or modification to the permitting agency and receiving approval in advance to construct or modify the source. The contents of the Notification of Construction Report is contained in Appendix 4. (2) New Source Review Rules. In lieu of complying with the requirements in paragraph (j)(1) of this subsection, a facility may fulfill these requirements by complying with the permitting agency's new source review rule or policy, provided similar information is obtained. (k) Procedure for Establishing Alternative Requirements. (1) Request Approval of an Alternative Requirement. Any person may request approval of an alternative requirement. The person seeking such approval shall submit the proposed alternative requirement to the permitting agency for approval. The request must include the proposed alternative requirement, the reason for requesting the alternative requirement, and information demonstrating that the criteria for approval identified in Table (k)(1) is met. (2) Approval of an Alternative Requirement. A permitting agency may approve an alternative requirement if it determines that application of the alternative requirement meets the criteria for approval identified in Table (k)(1), and the permitting agency has received concurrence by the U.S. EPA where concurrence is required. (3) Concurrence for an Alternative Requirement. For those requirements identified in Table (k)(1) as requiring concurrence by the U.S. EPA, the permitting agency shall submit the alternative requirement to the concurring agency prior to final action by the permitting agency. (4) Reports of Approved Alternative Requirements to U.S. EPA. The permitting agency shall provide the U.S. EPA with copies of all approved alternative requirements. The information shall be provided at a mutually agreed upon frequency. (5) Approval Criteria. Nothing in this section prohibits the permitting agency from establishing approval criteria more stringent that required in Table (k)(1). (6) Alternatives Approved by U.S. EPA. Waivers obtained from U.S. EPA prior to the effective date of this regulation shall remain in effect. Table (k)(1) -Requirements for Approval of Alternatives Subsection Requirement Criteria for Approval Approving Concurring Agency Agency [FN4] (a) applicability equivalent type and size District U.S. EPA of source regulated (c) standards equivalent emission District U.S. EPA reductions (d)(1) performance equivalent means of District U.S. EPA re- test determining compliance quirement (d)(2) use of overall existing tests District U.S. EPA existing provide a similar level of performance compliance assurance tests (d)(3) alternative provides a similar level District U.S. EPA test method of accuracy and precision ARB (d)(4) amendments to equivalent means of District U.S. EPA the pre- determining compliance test protocol (d)(5) test all equivalent means of District U.S. EPA emission determining compliance points (e) parameter equivalent means of District U.S. EPA monitoring determining and assuring compliance (f) inspection equivalent means of District U.S. EPA maintenance assuring compliance requirements (g) operation and equivalent means of District U.S. EPA assuring compliance maintenance plans (h)(1)-(10) recordkeeping equivalent means of District U.S. EPA assuring compliance (h)(11) retention of assure historical records District U.S. EPA records available for up to 5 years (i) reporting equivalent means of District U.S. EPA assuring compliance [FN4] U.S. EPA or the implementing agency in accordance with any delegation of authority to approve alternatives from the U.S. EPA. Appendix 1 Content of Performance Test Reports Performance test reports shall contain the following information: 1. A brief process description; 2. Sampling location description(s); 3. A description of sampling and analytical procedures and any modifications to standard procedures; 4. Test results; 5. Quality assurance procedures and results; 6. Records of operating conditions during the test, preparation of standards, and calibration procedures; 7. Original data for field sampling and field and laboratory analyses; 8. Documentation of calculations; and 9. Any other information required by the test method. Note: Test reports consistent with the provisions of ARB Method 425 will fulfill the above performance test report content requirement. Appendix 2 Content of Initial Compliance Status Reports. Initial compliance status reports shall contain the following information: 1. The applicable emission limitation and the methods that were used to determine compliance with this limitation; 2. If a performance test is required, the test report documenting the results of the performance test, which contains the elements listed in Appendix 1; 3. The type and quantity of hazardous air pollutants emitted by the source reported in mg/dscm or mg/hr for decorative and anodizing operations. (If the owner or operator is subject to the construction and modification provisions of subsection (j) and had previously submitted emission estimates, the owner or operator shall state that this report corrects or verifies the previous estimate.) For sources not required to conduct a performance test, the surface tension measurement may fulfill this requirement; 4. For each monitored parameter for which a compliant value is to be established under subsection (e), the specific operating parameter value, or range of values, that corresponds to compliance with the applicable emission limit; 5. The methods that will be used to determine continuous compliance, including a description of monitoring and reporting requirements, if methods differ from those identified in this section; 6. A description of the air pollution control technique for each emission point; 7. A statement that the owner or operator has completed and has on file the operation and maintenance plan as required by subsection (g); 8. If the owner or operator is determining facility size based on actual cumulative rectifier usage, records to support that the facility is small or medium. For existing sources, records from any 12-month period preceding the compliance date shall be used or a description of how operations will change to meet a small or medium designation shall be provided. For new sources, records of projected rectifier usage for the first 12-month period of tank operation shall be used; 9. A statement by the owner or operator as to whether the source has complied with the provisions of this section. Appendix 3 Content of Ongoing Compliance Status Reports. Ongoing compliance status reports shall contain the following information: 1. The company name and address of the source; 2. An identification of the operating parameter that is monitored for compliance determination, as required by subsection (e); 3. The relevant emission limitation for the source, and the operating parameter value, or range of values, that correspond to compliance with this emission limitation as specified in the notification of initial compliance status required by Appendix 2; 4. The beginning and ending dates of the reporting period; 5. A description of the type of process performed in the source; 6. The actual cumulative rectifier usage expended during the reporting period, on a month-by-month basis, if the source is a hard chromium electroplating tank; 7. A summary of any excess emissions or exceeded monitoring parameters as identified in the records required by subsection (h)(6); 8. A certification by a responsible official that the inspection and maintenance requirements in subsection (f) were followed in accordance with the operation and maintenance plan for the source; 9. If the operation and maintenance plan required by subsection (g) was not followed, an explanation of the reasons for not following the provisions, an assessment of whether any excess emissions and/or monitoring parameter excesses are believed to have occurred, and a copy of the record(s) required by subsection (h)(1) documenting that the operation and maintenance plan was not followed; 10. A description of any changes in monitoring, processes, or controls since the last reporting period; 11. The name, title, and signature of the responsible official who is certifying the accuracy of the report, and 12. The date of the report. Appendix 4 Notification of Construction Reports. Notification of Construction Reports shall contain the following information: (A) The owner or operator's name, title, and address; (B) The address (i.e., physical location) or proposed address of the source if different from the owner's or operator's; (C) A notification of intention to construct a new source or make any physical or operational changes to a source that may meet or has been determined to meet the criteria for a modification; (D) The expected commencement and completion dates of the construction or modification; (E) The anticipated date of (initial) startup of the source; (F) The type of process operation to be performed (hard or decorative chromium electroplating, or chromic acid anodizing); (G) A description of the air pollution control technique to be used to control emissions, such as preliminary design drawings and design capacity if an add-on air pollution control device is used; and (H) An estimate of emissions from the source based on engineering calculations and vendor information on control device efficiency, expressed in units consistent with the emission limits of this subpart. Calculations of emission estimates should be in sufficient detail to permit assessment of the validity of the calculations. Note: A facility can fulfill these report content requirements by complying with the permitting agency's new source review rule or policy, provided similar information is obtained. Appendix 5 Smoke Test for Chrome Tank Covers. SMOKE TEST TO VERIFY THE SEAL INTEGRITY OF COVERS DESIGNED TO REDUCE CHROMIUM EMISSIONS FROM ELECTROPLATING AND ANODIZING TANKS 1. Applicability and Principle 1.1 Applicability. This alternative method is applicable to all hard chromium electroplating and anodizing operations where a chrome tank cover is used on the tank for reducing chromium emissions. 1.2 Principle. During chromium electroplating or anodizing operations, bubbles of hydrogen and oxygen gas generated during the process rise to the surface of the tank liquid and burst. Upon bursting, tiny droplets of chromic acid (chromium mist) become entrained in the air above the tank. Because the chrome tank cover completely encloses the air above the tank, the chromium mist either falls back into the solution because of gravity or collects on the inside walls of the chrome tank cover and runs back into the solution. A semi-permeable membrane allows passage of the hydrogen and oxygen out of the chrome tank cover. A lit smoke device is placed inside the chrome tank cover to detect leaks at the membrane, joints, or seals. 2. Apparatus 2.1 Smoke device. Adequate to generate 500 to 1000 ft <>3 of smoke/20 ft <>2 of tank surface area (e.g., Model #1A=15 SECONDS from Superior Signal, New York). 2.2 Small container. To hold the smoke device. 3. Procedure Place the small container on a stable and flat area at center of the chrome tank cover (you can use a board and place it on the buss bars). Place the smoke device inside the container. After lighting the smoke device, quickly close the access door to avoid smoke from escaping. Let smoke device completely burn; entire space under the chrome tank cover will now be filled with the smoke. Observe for leaks of smoke from each seal, joint, and membrane of the chrome tank cover. Record these observations including the locations and a qualitative assessment of any leaks of smoke. When all seals, joints, and membranes have been observed, evacuate the unit to remove the smoke from the chrome tank cover. Appendix 6 Air Pollution Control or Air Quality Management District Breakdown Rules. DISTRICT RULE4#RULE NAME Amador 516 Upset and breakdown conditions Antelope 430 Breakdown provisions Bay Area 1 General provisions and definitions Butte 275 Reporting procedures for excess emissions Calaveras 516 Upset and breakdown conditions Colusa 1.13 Equipment breakdown El Dorado 516 Upset and breakdown conditions Feather River 9.6 Equipment breakdown Glenn 95.2 Malfunction of equipment Great Basin 403 Breakdown Imperial 111 Equipment breakdown Kern 111 Equipment breakdown Lake Chapter III, Malfunction Article II Lassen 2:15 Equipment breakdown Mariposa 516 Upset and breakdown conditions Mendocino R1-5-540 Equipment breakdown Modoc 2.12 Equipment breakdown Mojave 430 Breakdown provisions Monterey Bay 214 Breakdown condition North Coast 3-4-540 Breakdown and violation reporting North Coast 1-5-540 Equipment breakdown Northern 516 Upset and breakdown conditions Sierra Northern 1-5-540 Equipment breakdown Sonoma Placer 404 Upset cond. Breakdn. Scheduled maintenance Sacramento 602 Breakdown conditions: emergency variance San Diego 98 Breakdown conditions: emergency variance San Joaquin 110 Equipment breakdown San Luis 107 Breakdown or upset conditions and Obispo emergency variances Santa Barbara 505 Breakdown conditions Santa Barbara 506 Emergency variances for breakdowns Shasta 3:10 Excess emissions Siskiyou 2.12 Equipment breakdown (Siskiyou) South Coast 430 Breakdown provisions Tehema 4:17 Upset or breakdown conditions Tuolumne 516 Upset and breakdown conditions Ventura 32 Breakdown conditions; emergency variances Yolo Solano 5.2 Upset/breakdown conditions: emerg. variance Note: Authority cited: sections 39600, 39601, 39650 and 39666, Health and Safety Code. Reference: Sections 39650, 39665 and 39666, Health and Safety Code; and 40 CFR Part 63 Subpart N. s 93102.5. Airborne Toxic Control Measure to Reduce Emissions of Hexavalent Chromium and Nickel from Thermal Spraying. (a) Applicability This Airborne Toxic Control Measure (ATCM) shall apply to each thermal spraying operation at a stationary source that uses materials containing chromium, chromium compounds, nickel, or nickel compounds. This ATCM does not apply to portable thermal spraying operations. (b) Definitions For the purposes of this section, the following definitions shall apply: (1) "Air Pollution Control System" means equipment that is installed for the purpose of collecting and containing emissions of airborne particles from thermal spraying processes. "Air Pollution Control System" includes, but is not limited to, enclosures, exhaust hoods, ductwork, fans/blowers, particulate control devices, and exhaust stacks/vents. (2) "Control Device" means a device that reduces emissions of particulate matter. "Control Device" includes, but is not limited to, dry filter cartridges, HEPA filters, water curtains, cyclones, baghouses, and scrubbers. (3) "Detonation Gun Spraying" means a thermal spraying process in which the coating material is heated and accelerated to the workpiece by a series of detonations or explosions from oxygen-fuel gas mixtures. (4) "Dry Filter System" means a dry particulate filter control system that uses filter media to remove particulate emissions from the exhaust air stream. (5) "Enclosure" means a structure, such as a booth, that surrounds a thermal spraying process and captures and contains particulate emissions and vents them to a control device. Enclosures may have permanent or temporary coverings on open faces. (6) "Existing Thermal Spraying Operation" means a thermal spraying operation that is in operation before January 1, 2005. (7) "Flame Spraying" means a thermal spraying process in which an oxygen/fuel gas flame is the source of heat for melting the surfacing material. (8) "High Efficiency Particulate Air (HEPA) Filter" means a disposable, dry filter that has a minimum particle collection efficiency of 99.97 percent when tested with a mono-disperse 0.3 um test aerosol. (9) "Hexavalent chromium" means the form of chromium with a valence state of +6. (10) "High-Velocity Oxy-Fuel (HVOF) Spraying" means a thermal spray process in which particles are injected into a high-velocity jet formed by the combustion of oxygen and fuel. (11) "Independent Tester" means a person who engages in the testing of stationary sources to determine compliance with air pollution laws or regulations and who meets all of the following criteria: (A) The independent tester is not owned in whole or in part by the owner/operator of the thermal spraying operation; and (B) The independent tester has not received gross income from the owner/operator of the thermal spraying operation in excess of $100,000 or in excess of 10% of the tester's annual revenues, other than as a result of source test contracts; and (C) The independent tester has not manufactured or installed any emission control device or monitor used in connection with the specific source to be tested; and (D) When conducting the compliance test, the independent tester does not use any employee or agent who: 1. holds a direct or indirect investment of $1,000 or more in the owner/operator of the thermal spraying operation; or 2. has directly received income in excess of $250 from the owner/operator of the thermal spraying operation in the previous 12 months; or 3. is a director, officer, partner, employee, trustee, or holds any position of management in the owner/operator of the thermal spraying operation. (12) "Initial Startup" means the first time a new thermal spraying operation begins production or the first time additional or modified thermal spraying operations begin operating at a modified source. If such production or operation occurs prior to the operative date of this section, "Initial Startup" means the operative date of this section. "Initial Startup" does not include operation solely for testing of equipment or subsequent startup of permit units following malfunction or shutdown. (13) "Intake Area" means the area of the opening(s) in an enclosure from which make-up air is drawn from outside the enclosure during normal operations. (14) "Inward Face Velocity" means the airflow into an enclosure that prevents escape of contaminated air from the enclosure. Inward face velocity is measured in feet per minute, in accordance with Appendix 2. (15) "Leak" means the release of any particulate matter from any opening in the emission collection system/device other than the intended exhaust or emission point of that emission control system/device. (16) "Location" means one or more contiguous or adjacent properties. Contiguous or adjacent properties are properties with two or more parcels of land in actual physical contact, or separated solely by a public roadway or other public right-of-way. (17) "Modification" means: (A) any existing thermal spraying operation that did not use materials containing chromium, chromium compounds, nickel or nickel compounds before January 1, 2005, but begins using any of these materials on or after January 1, 2005; or (B) any physical change in, change in the method of operation of, or addition to an existing permit unit that requires an application for an authority to construct and/or a permit to operate issued by the permitting agency. Routine maintenance and/or repair is not considered a physical change. A "change in the method of operation" of equipment, unless previously limited by an enforceable permit condition, shall not include: 1. an increase in the production rate, unless such increase will result in an increase in emissions that causes a move from a lower tier to a higher tier in subsection (c)(1)(A) Table 1 or Table 2 of this regulation; or 2. an increase in the hours of operation; or 3. a change in ownership of a source; or (C) the replacement of components for which the fixed capital cost exceeds 50 percent of the fixed capital cost that would be required to construct a comparable new source. (18) "Modified Thermal Spraying Operation" means any thermal spraying operation which has undergone a modification. (19) "New Thermal Spraying Operation" means any thermal spraying operation that begins initial operations on or after January 1, 2005. "New Thermal Spraying Operation" does not include the installation of a new permit unit at an existing thermal spraying operation or the modification of an existing thermal spraying operation. (20) "Operating Parameter" means a parameter established for a control device or process parameter which, if achieved by itself or in combination with one or more other operating parameter values, determines that an owner or operator is in compliance with the applicable emission limitation or standard. (21) "Permit Unit" means any article, machine, piece of equipment, device, process, or combination thereof, which may cause or control the release of air emissions of hexavalent chromium or nickel from a thermal spraying operation and which requires a permit to operate issued by a permitting agency. (22) "Permitting Agency" means the local air pollution control or air quality management district. (23) "Plasma Spraying" means a thermal spraying process in which an electric arc is used to ionize a gas and produce a plasma jet that melts and propels the coating material to the workpiece. (24) "Point Source" means a permit unit that releases air pollutants through an intended opening such as, but not limited to, a stack, chimney, or vent. (25) "Portable Thermal Spraying Operation" means a thermal spraying operation that is temporarily used for field applications at offsite locations. A thermal spraying operation is not a "Portable Thermal Spraying Operation" if the thermal spraying operation or its replacement resides at the same location for more than 30 consecutive days. (26) "Potential to Emit" means the maximum capacity of a stationary source to emit a regulated air pollutant based on its physical and operational design. Any physical or operational limitation on the capacity of the stationary source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design only if the limitations are listed as enforceable conditions in an air permit issued by the permitting agency. (27) "Sensitive Receptor" means any residence including private homes, condominiums, apartments, and living quarters; education resources such as preschools and kindergarten through grade twelve (k-12) schools; daycare centers; and health care facilities such as hospitals or retirement and nursing homes. A sensitive receptor includes individuals housed in long term care hospitals, prisons, and dormitories or similar live-in housing. (28) "Stationary Source" means any building, structure, facility or installation which emits any affected pollutant directly or as a fugitive emission. "Building, structure, facility, or installation" includes all pollutant emitting activities which meet all of the following criteria: (A) are under the same ownership or operation, or which are owned or operated by entities which are under common control; and (B) belong to the same industrial grouping either by virtue of falling within the same two-digit standard industrial classification code or by virtue of being part of a common industrial process, manufacturing process, or connected process involving a common raw material; and (C) are located on one or more contiguous or adjacent properties. (29) "Substantial Use" of an Authority to Construct means one or more of the following: (A) the equipment that constitutes the source has been purchased or acquired; (B) construction activities, other than grading or installation of utilities or foundations, have begun and are continuing; or (C) a contract to complete construction of the source within one year has been entered into. (30) "Thermal Spraying Operation" means one or more of several processes in which metallic or nonmetallic surfacing materials are deposited in a molten or semi-molten condition on a substrate to form a coating. The surfacing material may originate in the form of powder, rod, or wire before it is heated, prior to spraying and deposition. Thermal spraying processes include: detonation gun spraying, flame spraying, high-velocity oxy-fuel spraying, plasma spraying, and twin-wire electric arc spraying. For the purposes of this section, "Thermal Spraying Operation" includes only those operations that are conducted at stationary sources and use materials containing chromium, chromium compounds, nickel, or nickel compounds. "Thermal Spraying Operation" does not include portable thermal spraying operations. (31) "Twin-Wire Electric Arc Spraying" means a thermal spraying process where two electrically conducting wires are brought close together to create an electric arc. The molten material formed in the arc is then projected by a compressed gas stream towards a work piece on which it forms a coating. (32) "Volume Source" means a permit unit, either controlled or uncontrolled, from which air pollutants undergo initial dispersion within a building or structure prior to their release into the outdoor ambient air. "Volume Source" also includes a thermal spraying process that is conducted outside of a building or structure and releases pollutants directly into the outdoor ambient air. (33) "Water Curtain" means a particulate control system that utilizes flowing water (i.e., a conventional water curtain) or a pumpless system to remove particulate emissions from the exhaust air stream. (c) Standards (1) Standards for Existing Thermal Spraying Operations Effective January 1, 2006, each owner or operator of an existing thermal spraying operation must control hexavalent chromium and nickel emissions by complying with the control efficiency requirements specified in subsection (c)(1)(A), the enclosure standards specified in subsection (c)(1)(B), and the ventilation system standards specified in subsection (c)(1)(C). Annual hexavalent chromium and nickel emissions and maximum hourly nickel emissions must be determined in accordance with the emission calculation methods in Appendix 1 or may be based on the results of an emissions source test. The use of data from an emissions source test must be approved by the permitting agency and the test must be conducted by an independent tester. (A) Control Efficiency Requirements for Existing Thermal Spraying Operations All existing thermal spraying operations must control hexavalent chromium and nickel emissions as follows: 1. All hexavalent chromium and nickel emissions from thermal spraying operations must be routed through an air pollution control system that meets the enclosure and ventilation standards in subsections (c)(1)(B) and (c)(1)(C). 2. For point sources, maximum hourly emissions of nickel from all thermal spraying operations at a stationary source must not exceed 0.1 lb. For volume sources, maximum hourly emissions of nickel from all thermal spraying operations must not exceed 0.01 lb. 3. For point sources, the air pollution control system must include a control device that is certified by its manufacturer to meet the minimum control efficiency requirements specified in Table 1 of this subsection (c)(1)(A). For volume sources, the air pollution control system must include a control device that is certified by its manufacturer to meet the minimum control efficiency requirements specified in Table 2 of subsection (c)(1)(A). Emissions of hexavalent chromium and/or nickel from all thermal spraying operations at a stationary source must be included when determining the annual emissions from thermal spraying under subsection (c)(1)(A). If an existing control device meets the minimum control efficiency requirements specified in subsection (c)(1)(A), no additional controls are required by this regulation, but the owner or operator must still comply with the enclosure standards in subsection (c)(1)(B), and the ventilation system standards in subsection (c)(1)(C). If a thermal spraying operation has an air permit that limits the use of chromium and nickel to specific thermal spraying permit units, the control efficiency requirements, enclosure standards, and ventilation system standards only apply to those specific thermal spraying permit units. 4. All thermal spraying operations that are subject to more than one minimum control efficiency requirement under subsection (c)(1)(A) must comply with the most stringent applicable requirement. Table 1: Point Sources - Control Efficiency Requirements for Existing Thermal Spraying Operations Annual Hexavalent Annual Nickel Minimum Control Chromium Emissions Emissions from Efficiency Tier from Thermal Spraying 1 Thermal Spraying 1 Requirements 2 1 >0.004 lbs/yr and >2.1 lbs/yr and 90% by weight <0.04 lbs/yr <20.8 lbs./yr (e.g., a water curtain) 2 > 0.04 lbs/yr and > 20.8 lbs/yr and 99.999% @ 0.5 <0.4 lbs/yr <208 lbs/yr microns(e.g., a high-efficiency dry filter) 3 > 0.4 lbs/yr > 208 lbs/yr 99.97% @ 0.3 microns (e.g., a HEPA filter) 1. Emissions are controlled emissions from all thermal spraying operations at a stationary source, if the thermal spraying operation is already equipped with a control device. a. For non-permitted sources, annual emissions must be determined in accordance with the emission calculation methods specified in Appendix 1 or based on the results of an emissions source test that has been reviewed and approved by the permitting agency. b. For permitted sources,annual emissions must be calculated based on the potential to emit or in accordance with the allowable limits set forth in the permit conditions. Emissions must be determined in accordance with the emission calculation methods specified in Appendix 1 or based on the results of an emissions source test that has been reviewed and approved by the permitting agency. 2. Control efficiency requirements must be certified by the manufacturer/supplier of the control device and/or filter media. Thermal spraying operations are not required to conduct an emissions source test to verify the control efficiency at the listed particle sizes. Table 2: Volume Sources - Control Efficiency Requirements for Existing Thermal Spraying Operations Annual Hexavalent Annual Nickel Minimum Control Chromium Emissions Emissions from Efficiency Tier from Thermal Spraying 1 Thermal Spraying 1 Requirements 2 1 >0.001 lbs/yr and >0.3 lbs/yr and 99% by weight <0.01 lbs/yr <3.1 lbs./yr (e.g., a dry filter) 2 > 0.01 lbs/yr and > 3.1 lbs/yr and 99.999% @ 0.5 <0.1lbs/yr <31 lbs/yr microns (e.g., a high-efficiency dry filter) 3 > 0.1 lbs/yr > 31 lbs/yr 99.97% @ 0.3 microns (e.g., a HEPA filter) 1. Emissions are controlled emissions from all thermal spraying operations at a stationary source, if the thermal spraying operation is already equipped with a control device. a. For non-permitted sources, annual emissions must be determined in accordance with the emission calculation methods specified in Appendix 1 or based on the results of an emissions source test that has been reviewed and approved by the permitting agency. b. For permitted sources,annual emissions must be calculated based on the potential to emit or in accordance with the allowable limits set forth in the permit conditions. Emissions must be determined in accordance with the emission calculation methods specified in Appendix 1 or based on the results of an emissions source test that has been reviewed and approved by the permitting agency. 2. Control efficiency requirements must be certified by the manufacturer/supplier of the control device and/or filter media. Thermal spraying operations are not required to conduct an emissions source test to verify the control efficiency at the listed particle sizes. (B) Enclosure Standards All existing thermal spraying operations that are subject to subsection (c)(1)(A) must use air pollution control systems that meet the following criteria by January 1, 2006. All modified or new thermal spraying operations that are subject to subsection (c)(2)(A)2. or (c)(3)(A)1., respectively, must use air pollution control systems that meet the following criteria upon initial startup. 1. Enclosures must be exhaust ventilated such that a continuous inward flow of air is maintained from all designed make-up air openings during thermal spraying operations. 2. To ensure good capture of airborne pollutants, the average inward face velocity of air through the enclosure must either be: a. a minimum of 100 feet per minute; or b. the minimum velocity for metal spraying facilities as established in "Industrial Ventilation, A Manual of Recommended Practice", 25th Edition, published by the American Conference of Governmental Industrial Hygienists, which is incorporated by reference herein. The inward face velocity must be confirmed by a velocity measuring device approved by the permitting agency (e.g., a pitot tube or anemometer.) Measurement of inward face velocity must be performed in accordance with the methods set forth in Appendix 2 or an alternative method approved by the permitting agency. This subsection does not require the use of an independent tester to measure inward face velocity. 3. When thermal spraying is being performed, all air inlets and access openings must be covered to prevent the escape of dust or mist contaminants into areas outside the enclosure. This requirement does not apply to any designed or intended make-up air vents or openings. Coverings can be permanent (e.g., a door) or temporary (e.g., plastic flaps). Temporary coverings must be approved by the permitting agency. 4. Before the enclosure is opened, thermal spraying must cease and the exhaust system must be run for a sufficient period of time, as determined by the permitting agency, to remove contaminated air within the enclosure. A minimum of three air exchanges must be exhausted from the booth after thermal spraying ceases. 5. For the purposes of thermal spraying equipment calibration or research and development activities, permitting agencies may allow operators to open the enclosure door during thermal spraying operations, if all of the following conditions are met: a. The enclosure must be a four-sided booth equipped with a permanent door. b. The enclosure must be under negative pressure, as demonstrated in accordance with subsection (d)(1)(C). c. The owner or operator must verify that the average inward face velocity of air through the enclosure is at least 100 feet per minute while the door is open, in accordance with Appendix 2. d. The owner or operator must obtain approval from the permitting agency before beginning operations pursuant to this subsection. (C) Ventilation System Standards 1. Installation of Ventilation System for Existing, New, and Modified Thermal Spraying Operations For existing thermal spraying operations, the exhaust gas stream from the air pollution control system required by subsection (c)(1)(B) must be ducted to a particulate matter control device meeting the applicable control efficiency requirements of subsection (c)(1)(A) by January 1, 2006. For modified or new thermal spraying operations, the exhaust gas stream from the air pollution control collection system required by subsection (c)(1)(B) must be ducted to a particulate matter control device meeting the applicable control efficiency requirements of subsection (c)(2)(A)2. or (c)(3)(A)1., respectively, upon initial startup. 2. Operating Requirements for Ventilation Systems at Existing, New, and Modified Thermal Spraying Operations a. The ventilation system and control device must be properly maintained and kept in good operating condition at all times. Any leak, as determined by a visual leak inspection conducted in accordance with Appendix 3, is a violation of this section. b. Material collected by a particulate matter control system must be discharged into closed containers or an enclosed system that is completely sealed to prevent dust emissions. c. Dust collectors for control devices must be maintained in a manner that prevents emissions of particulate matter into the ambient air. (D) Permit Requirements for Existing Thermal Spraying Operations All unpermitted existing thermal spraying operations must submit a permit application to the permitting agency no later than October 1, 2005. This permitting requirement applies only to existing thermal spraying operations that use materials containing chromium, chromium compounds, nickel, or nickel compounds. (E) Standards for Remotely Located Existing Thermal Spraying Operations 1. The requirements of subsections (c)(1)(A), (c)(1)(B), and (c)(1)(C) do not apply to existing thermal spraying operations that meet all of the following criteria: a. The thermal spraying operation is located at least 1,640 feet from a sensitive receptor, as determined by the permitting agency; and b. Annual emissions of hexavalent chromium from all thermal spraying operations do not exceed 0.5 lb; and c. The thermal spraying operation uses an air pollution control system that achieves a minimum control efficiency of 90 percent; and d. The thermal spraying operation complies with the permitting requirements of subsection (c)(1)(D); and e. The owner or operator of the thermal spraying operation has submitted an annual report to the permitting agency by March 1st of each calendar year, that quantifies emissions of hexavalent chromium and nickel from all thermal spraying operations during the previous calendar year; and f. The thermal spraying operation has undergone a site specific analysis from the permitting agency to ensure public health protection. 2. Thermal spraying operations that qualify for this standard must undergo an annual evaluation by the permitting agency to ensure that the thermal spraying operation still complies with the conditions of this standard. This standard shall cease to apply if the permitting agency determines that the thermal spraying operation no longer meets all of the criteria in subsection (c)(1)(E)1. If the permitting agency determines that the standard ceases to apply, the owner or operator of the thermal spraying operation must submit a permit application to the permitting agency within 3 months of receipt of the permitting agency's determination. The owner or operator must achieve compliance with the requirements of this section within 9 months of receipt of the permitting agency's determination. (F) Exemption for Existing Thermal Spraying Operations with Low Emission Levels 1. The requirements in subsections (c)(1)(A), (c)(1)(B), and (c)(1)(C) shall not apply to existing thermal spraying operations that meet all of the following criteria: a. For point sources, annual emissions of hexavalent chromium are less than 0.004 lb and annual emissions of nickel are less than 2.1 lbs. For volume sources, annual emissions of hexavalent chromium are less than 0.001 lb and annual emissions of nickel are less than 0.3 lb; and b. For point sources, maximum hourly emissions of nickel from all thermal spraying operations at a stationary source do not exceed 0.1 lb. For volume sources, maximum hourly emissions of nickel from all thermal spraying operations at a stationary source do not exceed 0.01 lb; and c. The thermal spraying operation complies with the permitting requirements of subsection (c)(1)(D); and d. The owner or operator of the thermal spraying operation has submitted an annual report to the permitting agency by March 1st of each calendar year, that quantifies emissions of hexavalent chromium and nickel from all thermal spraying operations during the previous calendar year. (2) Standards for Modified Thermal Spraying Operations (A) Upon initial startup, each owner or operator of a modified thermal spraying operation must comply with all of the following requirements: 1. Modified thermal spraying operations must control hexavalent chromium and nickel emissions by complying with the control efficiency requirements specified in subsection (c)(2)(A)2. 2. All thermal spraying operations that undergo a modification on or after January 1, 2005, must use a control device that is certified by the manufacturer to achieve 99.97 percent control efficiency for particles that are 0.3 micron in diameter. These thermal spraying operations must also comply with the enclosure standards specified in subsection (c)(1)(B) and the ventilation standards specified in subsection (c)(1)(C). 3. For point sources, the maximum hourly emissions of nickel from all thermal spraying operations at a stationary source must not exceed 0.1 lb. For volume sources, the maximum hourly emissions of nickel from all thermal spraying operations at a stationary source must not exceed 0.01 lb. Maximum hourly nickel emissions must be determined in accordance with the emission calculation methods specified in Appendix 1 or may be based on the results of an emissions source test. The use of source test data must be approved by the permitting agency and the test must be conducted by an independent tester. 4. All thermal spraying operations that undergo a modification on or after January 1, 2005, must submit a permit modification application to the permitting agency, in accordance with permitting agency requirements. This permitting requirement only applies to thermal spraying operations that use materials containing chromium, chromium compounds, nickel, or nickel compounds. (3) Standards for New Thermal Spraying Operations (A) 1. No person may operate a new thermal spraying operation unless it is located outside of an area that is zoned for residential or mixed use and is located at least 500 feet from the boundary of any area that is zoned for residential or mixed use. 2. A new thermal spraying operation shall be deemed to meet the standard specified above in subsection (c)(3)(A)1. if one of the following criteria are met, even if the operation does not meet the standard at the time of initial startup (e.g., because of a zoning change that occurs after the authority to construct is issued): a. A new thermal spraying operation shall be deemed to meet the standard specified above if it meets the standard at the time it is issued an authority to construct by the permitting agency, and substantial use of the authority to construct takes place within one year after it is issued, or b. A new thermal spraying operation shall be deemed to meet the standard specified above if it meets the standard at the time it is issued an authority to construct by the permitting agency, and substantial use of the authority to construct takes place before any zoning change occurs that affects the operation's ability to meet the standard at the time of initial start-up. 3. Prior to initial startup of a new thermal spraying operation, the owner or operator must demonstrate to the permitting agency that the operation either meets the standard specified above in subsection (c)(3)(A)1., or meets one of the criteria specified above in subsection (c)(3)(A)2. (B) On and after initial startup, the new thermal spraying operation must use a control device that is certified by the manufacturer to achieve 99.97 percent control efficiency for particles that are 0.3 micron in diameter. These operations must also comply with the enclosure standards specified in subsection (c)(1)(B) and the ventilation standards specified in subsection (c)(1)(C). (C) The maximum hourly emissions of nickel from all thermal spraying operations at a stationary source must not exceed 0.1 lb. Maximum hourly nickel emissions must be determined in accordance with the emission calculation methods specified in Appendix 1 or may be based on the results of an emissions source test. The use of source test data must be approved by the permitting agency and the test must be conducted by an independent tester. (D) Prior to initial startup, the thermal spraying operation must undergo a site specific analysis from the permitting agency to ensure public health protection. (E) Permit Requirements for New Thermal Spraying Operations All new thermal spraying operations must submit a permit application to the permitting agency prior to initial startup, in accordance with permitting agency requirements. This permitting requirement only applies to new thermal spraying operations that use materials containing chromium, chromium compounds, nickel, or nickel compounds. (d) Test Requirements and Test Methods (1) Testing to Demonstrate Compliance with Enclosure and Ventilation Standards (A) The owner or operator of an existing thermal spraying operation subject to the control efficiency requirements in subsection (c)(1)(A), must conduct a test to demonstrate compliance with the enclosure and ventilation standards specified in subsections (c)(1)(B) and (c)(1)(C). The test must include measurement of the inward face velocity (in accordance with Appendix 2) and a visual leak inspection (in accordance with Appendix 3.) This test must be conducted within 60 days of the operative date of this section. The owner or operator must notify the permitting agency at least 30 days prior to conducting a test. Although 60 days are allowed to conduct the test, all thermal spraying operations must comply with specified control efficiency requirements, enclosure standards, and ventilation standards by January 1, 2006, as specified in subsection (c)(1). (B) The owner or operator of a modified or new thermal spraying operation subject to the control efficiency requirements in subsections (c)(2)(A)2. or (c)(3)(A)1., respectively, must conduct a test to demonstrate compliance with the enclosure and ventilation standards in subsections (c)(1)(B) and (c)(1)(C). The test must include measurement of the inward face velocity (in accordance with Appendix 2) and a visual leak inspection (in accordance with Appendix 3.) This test must be conducted within 60 days after initial startup. The owner or operator must notify the permitting agency at least 30 days prior to conducting a test. Although 60 days are allowed to conduct the test, all thermal spraying operations must comply with specified control efficiency requirements, enclosure standards, and ventilation standards upon initial startup. (C) Before beginning operations pursuant to subsection (c)(1)(B)5., the owner or operator must verify that negative pressure is maintained while the enclosure door is open, using one of the following procedures: 1. Measuring with an anemometer at the door opening to demonstrate flow into the enclosure door, or 2. Measuring the static pressure across the enclosure door, or 3. Using smoke tubes to demonstrate flow into the enclosure door. As specified in subsection (e)(5), this negative pressure verification must have been performed at least once during the12-month period immediately before operations begin, and at least once after the enclosure is changed in any way that may impact air flow. (2) Verification of Control Efficiency Existing thermal spraying operations that are subject to Tier 2 or Tier 3 control efficiency requirements specified in subsection(c)(1)(A), modified thermal spraying operations that are subject to the requirements of subsection (c)(2)(A)2., and new thermal spraying operations that are subject to the requirements of subsection (c)(3)(A)1., must use control devices with a control efficiency verified by the manufacturer. This verification must be provided to the permitting agency upon request. The control device manufacturer must verify the control efficiency using one of the following test methods, which are incorporated by reference herein: (A) ASHRAE Standard 52.2-1999, "Method of Testing General Ventilation Air-Cleaning Devices for Removal Efficiency by Particle Size", American Society of Heating, Refrigerating, and Air-Conditioning Engineers, Inc., 1791 Tullie Circle NE, Atlanta, GA 30329. 1999. (B) MIL-PRF-51526A(EA), "Filter, Particulate, 340 CMH (200 CFM), 13 March 2000, U.S. Army. (C) ASME AG-1-2003, "Code on Nuclear Air and Gas Treatment", American Society of Mechanical Engineers, 345 E. 47th St., New York, NY 10017. 2003. (D) IEST-RP-CC001.3, "HEPA and ULPA Filters", Institute of Environmental Sciences and Technology, 5005 Newport Drive, Suite 506, Rolling Meadows, IL 60008-3841. 1993. (3) Source Tests to Determine Emissions of Hexavalent Chromium and Nickel Owners or operators of thermal spraying operations may choose to quantify hexavalent chromium and/or nickel emissions using data from a source test rather than using the calculation methods specified in Appendix 1. In addition, a permitting agency may require that a source test be performed to quantify hexavalent chromium and/or nickel emissions from thermal spraying operations. The use of source test data must comply with the requirements specified in this subsection (d)(3). (A) Use of Existing Source Tests A source test conducted prior to January 1, 2006, may be used to quantify emissions or demonstrate compliance with the standards in subsection (c)(1)(A), if the permitting agency approves the use of that test. The test must be conducted by an independent tester, in accordance with a test protocol that was reviewed and approved by the permitting agency. (B) Test Methods If the owner or operator of a thermal spraying operation conducts a source test to quantify emissions of hexavalent chromium and/or nickel, the testing must be conducted in accordance with the following listed test methods, which are incorporated by reference herein, or in accordance with alternative test methods approved by the permitting agency. 1. Testing to determine emissions of hexavalent chromium must be conducted in accordance with one of the following test methods, which are incorporated by reference herein: ARB Test Method 425, "Determination of Total Chromium and Hexavalent Chromium Emissions from Stationary Sources", last amended July 28, 1997, section 94135, title 17, California Code of Regulations (CCR). EPA Test Method 306, "Determination of Chromium Emissions From Decorative and Hard Chromium Electroplating and Chromium Anodizing Operations - Isokinetic Method", 40 CFR 63, Appendix A, as promulgated on January 25, 1995. South Coast Air Quality Management District (SCAQMD) Test Method 205.1, "Determination of Hexavalent and Total Chromium from Plating", August 1991. 2. Testing to determine emissions of nickel must be conducted in accordance with one of the following test methods, which are incorporated by reference herein: ARB Test Method 433, "Determination of Total Nickel Emissions from Stationary Sources", last amended September 12, 1989, section 94145, title 17, California Code of Regulations (CCR). ARB Test Method 436, "Determination of Multiple Metals Emissions from Stationary Sources" (for nickel only), adopted July 28, 1997, section 94161, title 17, California Code of Regulations (CCR). (C) The owner or operator of a thermal spraying operation that is conducting a source test must submit a pre-test protocol to the permitting agency, in accordance with permitting agency procedures, at least 60 days prior to conducting a source test. The pre-test protocol must include source test methods, planned sampling parameters, preliminary pollutant analytical data, calculated targets for testing the pollutant, and any proposed modifications to standardized methods. In addition, the pre-test protocol must include information on equipment, logistics, personnel, and any other information required by the permitting agency. (e) Monitoring, Inspection, and Maintenance Requirements (1) Monitoring Requirements All thermal spraying operations with air pollution control systems must comply with the applicable monitoring requirements listed in Table 3 of this subsection (e)(1). In addition, any other operating parameters designated by the permitting agency must be monitored while conducting thermal spraying to ensure compliance with the requirements set forth in subsection (c). Table 3 - Summary of Monitoring Requirements for Thermal Spraying Operations Using Add-on Air Pollution Control Devices Control Equipment Monitoring Requirements (A) Dry particulate filter system 1.Ensure that the pressure differential (e.g., dry filter cartridge, gauge continuously monitors HEPA filter) pressure drop across the control device while conducting thermal spraying. 2.Record pressure drop once per week while conducting thermal spraying. (B) Conventional Water Curtain 1.Ensure that the flow meter continuously monitors the water flow rate while conducting thermal spraying. 2.Monitor the water curtain continuity by visual observation to ensure that there are no gaps while conducting thermal spraying. 3.Record water flow rate and water curtain continuity once per week while conducting thermal spraying. (C) Pumpless Water Curtain 1.Monitor parameters that indicate booth performance, per manufacturer's recommendations, while conducting thermal spraying. 2.Visually inspect the water curtain for continuity to ensure that there are no gaps while conducting thermal spraying. 3.Record recommended parameters and water curtain continuity once per week while conducting thermal spraying. (2) Pressure Drop Monitoring Requirements All dry particulate control devices (e.g., dry filter cartridges or HEPA filters) must have gauges that continuously monitor the pressure drop across each control device when thermal spraying is occurring. The gauge must have a high and low setting for the pressure drop and must trigger an alarm system when the high or low set points are exceeded. The gauge must be designed to accurately measure pressure drops within the expected range and have an accuracy of at least +5% of full scale. The gauge must be located so that it can be easily visible and in clear sight of the operation or maintenance personnel. The pressure drop must be maintained per manufacturer's specifications. If the pressure drop is outside of the acceptable limits, the owner or operator must shut down the thermal spraying operation immediately and take corrective action. The thermal spraying operation must not be resumed until the pressure drop is within the specified limit(s). (3) Water Curtain Monitoring Requirements For thermal spraying operations that are conducted in water curtain booths, the owner or operator must monitor booth operating parameters during thermal spraying to ensure compliance with the requirements specified in subsection (c). Water curtain booths must provide a continuous sheet of water down the rear wall of the booth. For all water curtain booths, the owner or operator must visually monitor the water curtain during thermal spraying to ensure that the sheet is continuous without any gaps or dry spots. The owner or operator of a conventional water curtain booth must continuously monitor the water flow rate with a flow meter during thermal spraying to ensure the water flow meets or exceeds the minimum flow rate recommended by the manufacturer. The owner or operator of a pumpless water curtain booth must monitor the parameters recommended by the booth manufacturer to ensure that these parameters meet or exceed the manufacturer's recommendations. If the water curtain fails the continuity and/or flow requirements, the owner or operator must shut down the thermal spraying operation immediately to take corrective action. The thermal spraying operation must not be resumed until the monitored parameters meet or exceed the manufacturer's recommendations. (4) Inspection and Maintenance Requirements All thermal spraying operations with air pollution control systems must comply with the applicable inspection and maintenance requirements listed in Table 4. Table 4 - Summary of Inspection and Maintenance Requirements for Thermal Spraying Operations Using Add-on Air Pollution Control Devices Control Inspection & Maintenance Requirements Frequen cy Equipment (A) Dry 1. Conduct a visual inspection to At least once particulate ensure there are no leaks every 90 days. filter system in accordance with Appendix 3. (e.g., dry 2. Visually inspect ductwork from work At least once filter area to the control device every 90 days. cartridge, HEPA filter) to ensure there are no leaks in accordance with Appendix 3. 3. Replace filter. Per manufacturer's specifications or permitting agency's requirement. (B) Water Curtain 1. Visually inspect ductwork from booth At least once to the exhaust stack to ensure every 90 days. there are no leaks in accordance with Appendix 3. (C) All 1. Measure inward face velocity at each At least once per opening in accordance with calendar year and Appendix 2. This requirement does not whenever the air apply to existing thermal spraying pollution control operations that are remotely located system is changed and comply with the standards in in any way that may section (c)(1)(E). impact air flow. (5) Negative Pressure Measurements Thermal spraying operations that are operating pursuant to subsection (c)(1)(B)5. (i.e., operating with the enclosure door open), must demonstrate negative pressure at least once every 12 months and whenever the enclosure is changed in any way that may impact air flow. (f) Recordkeeping Requirements (1) Monitoring Data Records The owner or operator must maintain records of monitoring data required by subsection (e), including the date and time the data are collected. Recordkeeping logs must include the applicable acceptable limit(s) for: pressure drop (dry particulate control); water flow rate (conventional water curtain); or manufacturer's recommended parameter limits (pumpless water curtain). (2) Inspection Records The owner or operator must maintain inspection records that clearly document all inspections and maintenance activities to enable the permitting agency to determine whether the requirements of subsection (e)(4) have been met. The records may take the form of a checklist and must identify: (A) the name of the device inspected; (B) the date and time of inspection; (C) a brief description of the working condition of the device during the inspection; (D) all maintenance activities performed on the components of the air pollution control system (e.g., duct work replacement, filter replacement, fan replacement, leak repairs, etc.); (E) the actions taken to correct deficiencies found during the inspection; and (F) the person that conducted the inspection. (3) Material Usage Records For thermal spraying materials that contain chromium, chromium compounds, nickel, or nickel compounds, the owner or operator must record the name and quantity of material used during each month of the annual reporting period, and the total usage to date for that calendar year. (4) Source Test Records The owner or operator must maintain test reports documenting the conditions and results of all source tests. (5) Equipment Malfunctions and Failures The owner or operator must maintain records of the occurrence, duration, cause (if known), and action taken for each equipment malfunction and/or failure. This recordkeeping requirement applies only to equipment malfunctions or failures that cause or may cause uncontrolled emissions to be released. (6) Records Maintenance and Retention All records required by this subsection (f) must be readily accessible for inspection and review at the thermal spraying operation for at least five years. If so requested by the permitting agency, the owner or operator must provide copies of the records to the permitting agency. (g) Reporting Requirements (1) Initial Emission Inventory for Existing Thermal Spraying Operations All existing thermal spraying operations must submit an emission inventory for hexavalent chromium and nickel to the permitting agency no later than October 1, 2005. This inventory must quantify the emissions from thermal spraying operations conducted during the 12-month period between July 1, 2004 and July 1, 2005. The emission inventory must be prepared in accordance with Appendix 1 or must be based on an emissions source test approved by the permitting agency. (2) Annual Emission Inventory for Existing Thermal Spraying Operations Qualifying for the Standards for Remotely Located Operations or the Exemption for Operations with Low Emission Levels Existing thermal spraying operations that qualify for the standards specified in subsection (c)(1)(E) or the exemption specified in subsection (c)(1)(F) must submit an annual report to the permitting agency by March 1st of each calendar year that quantifies emissions of hexavalent chromium and nickel from thermal spraying operations during the previous calendar year. (3) Initial Notification Existing thermal spraying operations that intend to begin using materials containing chromium, chromium compounds, nickel, or nickel compounds on or after January 1, 2005, must notify the permitting agency at least 45 days prior to using any of these materials. If the use of these materials begins before the operative date of this section, this notification may be delayed until the operative date of this section. (4) Reports of Breakdowns, Equipment Malfunctions, and Failures The owner or operator of a thermal spraying operation must report breakdowns, equipment malfunctions, and failures as required by the permitting agency. This reporting requirement only applies to equipment malfunctions or failures that cause or may cause uncontrolled emissions to be released. (5) Source Test Documentation (A) Notification of Source Test The owner or operator of a thermal spraying operation must notify the permitting agency of his or her intention to conduct a source test to measure emissions of hexavalent chromium and/or nickel. The owner or operator must provide this notification to the permitting agency at least 60 days before the source test is scheduled. The notification must include a pre-test protocol and any other documentation required by the permitting agency. (B) Reports of Source Test Results The owner or operator of a thermal spraying operation must provide the source test results to the permitting agency no later than 60 days following completion of the testing. (6) Adjustments to the Timeline for Submittal and Format of Reports A permitting agency may change the timeline for submittal of periodic reports, allow consolidation of multiple reports into a single report, establish a common schedule for submittal of reports, or accept reports prepared to comply with other State or local requirements. Prior to allowing any of these changes, the permitting agency must determine that the change will provide the same information and will not reduce the overall frequency of reporting. (h) Severability Each part of this section is deemed severable, and in the event that any part of this section is held to be invalid, the remainder of this section shall continue in full force and effect. Appendix 1 - Emission Calculation Method Emissions of hexavalent chromium (Cr +6) and nickel (Ni) from thermal spraying operations must be calculated in accordance with the procedures specified in this Appendix 1. Step 1: Identify all thermal spraying materials that contain chromium (Cr) or nickel (Ni) at a concentration of at least 0.1% by weight (or less than 0.1%, if listed on the Material Safety Data Sheet.) Include materials that contain chromium or nickel in the form of a metallic compound or alloy. Examples of compounds and alloys include, but are not limited to, stainless steel; chromium carbide (Cr 3 C 2); nichrome alloys (NiCr); and chromium oxide (Cr 2 O 3). Step 2: Determine the total percentage of chromium and/or nickel contained in each thermal spraying material. These data can be obtained from the material safety data sheet (MSDS) or by contacting the manufacturer. If the MSDS contains a range of percentages, use the upper value of the range. If the material contains a compound (e .g., Cr 3 C 2), include only the portion that is chromium or nickel. Step 3: For each thermal spraying operation, compile the annual usage for each thermal spraying material that contains chromium or nickel. For thermal spraying operations that have air permits, the annual usage is the maximum allowable under the permit. Step 4: For each thermal spraying operation, calculate the annual usage quantities for chromium and nickel using the following equations: Eqn. 1: [Annual Usage, lbs Cr/yr] = [Material Usage, lbs material used/yr]* [weight % Cr in Material] Eqn. 2: [Annual Usage, lbs Ni/yr] = [Material Usage, lbs material used/yr]* [weight % Ni in Material] Step 5. Identify the applicable emission factor(s) for each thermal spraying operation, based on the applicable control efficiency level. If a material is used for multiple thermal spraying operations and material usage records document the quantity of material used for each operation, use the applicable emission factors for each operation. If material usage records do not document the quantity of material used for each operation, use the highest emission factor. Table 1-1 specifies the applicable emission factors for thermal spraying operations using materials that contain chromium, chromium compounds, or chromium alloys. Table 1-2 specifies the applicable emission factors for thermal spraying operations using materials that contain nickel, nickel compounds, or nickel alloys. Table 1-1: Thermal Spraying Emission Factors for Hexavalent Chromium Emission Factors (lbs Cr+6/lb Cr sprayed)* 0% 90% 99% 99.97% Operation Control Control Control Control Efficiency Efficiency Efficiency Efficiency (Uncontrolled) (e.g. Water (e.g. Dry (e.g., HEPA Curtain) Filter) Filter) Single-Wire 4.68E-03 4.68E-04 4.68E-05 1.40E-06 Flame Spray Twin-Wire 6.96E-03 6.96E-04 6.96E-05 2.09E-06 Electric Arc Spray Flame Spray 6.20E-03 1.17E-03 6.20E-05 1.86E-06 HVOF 6.20E-03 1.17E-03 6.20E-05 1.86E-06 Plasma Spray 1.18E-02 6.73E-03 2.61E-03 2.86E-06 Other Thermal 7.17E-03 2.05E-03 5.70E-04 2.01E-06 Spraying *Some emission factors are based directly on stack test results while others are calculated values, derived from stack test results and control efficiencies. Table 1-2: Thermal Spraying Emission Factors for Nickel Emission Factors (lbs Ni/lb Ni sprayed)* 0% 90% 99% 99.97% Operation Control Control Control Control Efficiency Efficiency Efficiency Efficiency (Uncontrolled) (e.g. Water (e.g. Dry (e.g., HEPA Curtain) Filter) Filter) Twin-Wire 6.0E-03 6.0E-04 6.0E-05 1.8E-06 Electric Arc Spray Flame Spray 1.10E-01 4.64E-02 1.10E-03 3.30E-05 HVOF 1.10E-01 4.64E-02 1.10E-03 3.30E-05 Plasma Spray 1.5E-01 3.67E-02 1.5E-03 1.72E-05 Other Thermal 9.4E-02 3.25E-02 9.4E-04 2.13E-05 Spraying *Some emission factors are based directly on stack test results while others are calculated values, derived from stack test results and control efficiencies. Step 6 - Annual Emissions. For each thermal spraying operation, calculate the annual emissions by multiplying the applicable emission factors by the annual usage rates, using the following equations: Eqn. 3: [Annual Emissions, lbs Cr +6/ yr] = [Emission Factor, lbs Cr +6/ lb Cr sprayed]*[Annual Usage, lbs Cr sprayed/yr]] Eqn. 4: [Annual Emissions, lbs Ni/yr] = [Emission Factor, lbs Ni/lb Ni sprayed]*[Annual Usage, lbs Ni sprayed/yr] Step 7 - Maximum Hourly Nickel Emissions: For each thermal spraying operation that uses nickel, calculate the maximum hourly emissions by multiplying the applicable emission factors by the maximum hourly usage rates, using the following equations: Eqn. 5: [Max. Hourly Emissions, lbs Ni/hr] = [Emission Factor, lbs Ni/lb Ni sprayed]*[Max. Hourly Usage, lbs Ni sprayed/hr] Eqn. 6: [Max. Hourly Usage, lbs Ni sprayed/hr] = [Max. Gun Spray Rate, lbs material sprayed/hr]*[Max. wt.% Ni in material] where "Maximum Gun Spray Rate" is the highest material throughput rate that a thermal spraying gun can achieve, based on manufacturer specifications or actual user experience, whichever is greater. If multiple guns have the potential to be operated at the same time (e.g., in two separate booths), the maximum gun spray rate must include the total throughput from all guns. "Maximum Weight % Nickel in Material" is the highest weight percentage of nickel for all of the thermal spraying materials that are used in thermal spraying operations at a facility. Point Source Example: Thermal Spraying Inc. operates two thermal spraying booths. One booth is used for plasma spraying and the other booth is used for flame spraying and twin-wire electric arc spraying. Listed below is information on the facility's operations: Booth Control Operation Materials Quantity % Total % Nickel Device Used Used Chromium Booth 1 HEPA Plasma Powder ABC 25 lbs/yr 25% 0% Filter Spray Powder XYZ 50 lbs/yr 20% 75% Booth 2 Dry Flame Spray Powder 123 10 lbs/yr 0% 95% Filter (99% Powder XYZ 75 lbs/yr 20% 75% effic.) Twin-Wire Wire 1 80 lbs/yr 20% 5% An example calculation is provided below for Thermal Spraying Inc.: Step 1: Identify all thermal spraying materials that contain at least 0.1% by weight of chromium (Cr), chromium compounds, nickel (Ni), or nickel compounds. The following four products contain chromium or nickel: Powder 123; Powder ABC; Powder XYZ; Wire #1. Step 2: Determine the total percentage of chromium and/or nickel . Materials Used % Total Chromium % Nickel Powder 123 0% 95% Powder ABC 25% 0% Powder XYZ 20% 75% Wire 1 20% 5% If a thermal spraying material contains a compound, include only the portion that is chromium or nickel. For example, if the material contains 95% chromium oxide (Cr 2 O 3), the weight percent of chromium would be calculated as follows: [Chromium Weight %]=[Weight % Cr2O3]* [Molecular Weight of Chromium (Cr2)] / [Molecular Weight of Chromium Oxide (Cr2O3)] Molecular Weight of Chromium (Cr2) = (52 g/g-mol)*(2) = 104 g/g-mol Molecular Weight of Chromium Oxide (Cr2O3) = (52 g/g-mol)*(2)+(16)*(3) = 152 g/g-mol [Chromium Weight %]=[95 % Cr2O3]* [104 g/g-mol] / [152 g/g-mol] =65% Step 3: Compile the annual material usage. Operation Materials Used Quantity Used Plasma Spray Powder ABC 25 lbs/yr Powder XYZ 50 lbs/yr Flame Spray Powder 123 10 lbs/yr Powder XYZ 75 lbs/yr Twin-Wire Wire 1 80 lbs/yr Step 4: Calculate the annual usage quantities for chromium and nickel. Materials Quantity % Total % Nickel Qty. of Total Qty. of Nickel Used Used Chromium Chromium Used Used Powder ABC 25 lbs/yr 25% 0% [25 [25 lbs/yr]x[25% lbs/yr]x[ 0% Cr] = Ni] = 6.25 lbs Cr/yr 0 lbs Ni/yr Powder XYZ 50 lbs/yr 20% 75% [50 [50 lbs/yr]x[20% lbs/yr]x[75% Cr] = Ni] = 10.0 lbs Cr/yr 37.5 lbs Ni/yr Powder 123 10 lbs/yr 0% 95% [10 lbs/yr]x[0% [10 lbs/yr]x[9 Cr] = 5% Ni] = 0 lbs Cr/yr 9.5 lbs Ni/yr Powder XYZ 75 lbs/yr 20% 75% [75 [75 lbs/yr]x[20% lbs/yr]x[75% Cr] = Ni] = 15.0 lbs Cr/yr 56.25 lbs Ni/yr Wire 1 80 lbs/yr 20% 5% [80 [80 lbs/yr]x[5 lbs/yr]x[20% % Ni] = Cr] = 16.0 lbs Cr/yr 4.0 lbs Ni/yr Step 5: Identify the applicable emission factors. Emission Factor - Emission Factor - Hexavalent Chromium Nickel Control Device Operation (lb Cr+6/Cr sprayed) (lb Ni/lb Ni sprayed) HEPA Filter Plasma Spray 2.86E-06 1.72E-05 Dry Filter Flame Spray 6.20E-05 1.10E-03 (99% effic.) Twin-Wire 6.96E-05 6.0E-05 Step 6: Calculate annual emissions ([Annual Emissions] = [Emission Factor]* [Annual Usage].) For hexavalent chromium, the annual emissions are - Qty. of Emission Total Factor Chromi- (lb Annual um Cr+6/lb Emissions Used Booth Control Operation Materials (lbs Cr Cr (lb Cr+6/yr) Device Used spra- sprayed) yed/- yr) 1 HEPA Plasma Powder ABC 6.25 2.86E-06 [6.25]x[2.86E- Filter Spray -06] = 1.79E-05 Powder XYZ 10.0 2.86E-06 [10.0]x[2.86E- -06] = 2.86E-05 2 Dry Flame Spray Powder 123 0 6.20E-05 [0]x[6.20E-05] Filter = 0 (99% Powder XYZ 15.0 6.20E-05 [15.0]x[6.20E- effic.) -05] = 9.30E-04 Twin-Wire Wire 1 16.0 6.96E-05 [16.0]x[6.96E- -05] = 1.11E-03 Total = 0.002 Based on this emission level, Thermal Spraying Inc. is below the Tier 1 threshold for hexavalent chromium. Therefore, no new control efficiency requirements would be imposed by this ATCM because of hexavalent chromium emissions. However, Thermal Spraying Inc. will still need to comply with the permitting, monitoring, and recordkeeping requirements of the ATCM. In addition, if the workload increased and emissions exceeded Tier 1 thresholds, it would be necessary to upgrade the dry filter system or limit the usage of all chromium materials to the booth that has the HEPA filter. For nickel, the annual emissions are - Qty. of Emission Annual Nickel Factor Emissions Used Booth Control Operation Materials (lbs Ni (lb Ni/lb (lb Ni/yr) Device Used spray- Ni ed/yr) sprayed) 1 HEPA Plasma Powder ABC 0 1.72E-05 [0]x[1.72E-0- Filter Spray 5 ] =0 Powder XYZ 37.5 1.72E-05 [37.5]x[1.72- E-05] = 6.45E-04 2 Dry Flame Spray Powder 123 9.5 1.10E-03 [9.5]x[1.10E- Filter 03]= (99% 1.05E-02 effic.) Powder XYZ 56.25 1.10E-03 [56.25]x[1.1- 0E-03] = 6.19E-02 Twin-Wire Wire 1 4.0 6.0E-05 [4.0]x[6.0E-- 05]= 2.40E-04 Total = 0.073 Based on this emission level, Thermal Spraying Inc. is below the Tier 1 threshold for nickel. Therefore, no new control efficiency requirements would be imposed by this ATCM because of nickel emissions. However, Thermal Spraying Inc. will still need to comply with the permitting, monitoring, and recordkeeping requirements of the ATCM. In addition, if the workload increased and emissions exceeded Tier 1 thresholds, it would be necessary to upgrade the dry filter system or limit the usage of all nickel materials to the booth that has the HEPA filter. Step 7: Calculate the maximum hourly emissions for nickel. Powder 123 is the material that has the highest weight percentage of nickel (95%). The maximum spray rate for the flame spraying gun is 10 lbs/hr. The emission factor for flame spraying is 1.10E-03 lb Ni/lb Ni sprayed. [Maximum Hourly Usage] = [Maximum Gun Spray Rate]*[Maximum Wt.% Nickel] [Maximum Hourly Usage] = [10 lbs/hr]*[95% Ni] = 9.5 lbs Ni sprayed/hr [Maximum Hourly Emissions] = [Emission Factor]*[Maximum Hourly Usage] Maximum Hourly Emissions = [1.10E-03 lb Ni/lb Ni sprayed]*[9.5 lbs Ni sprayed/hr] = 0.01 lb Ni/hr The maximum hourly emissions for nickel are 0.01 lbs Ni/hr, which is well below the compliance limit of 0.1 lb Ni/hr for point sources. Therefore, this thermal spraying operation complies with the maximum hourly limit for nickel. Volume Source Example: Machine Shop Inc. conducts flame spraying with powder on small parts. The parts are turned on a lathe while spraying is being performed. Since the lathe is not located in a booth, the shop uses a portable local exhaust fan to remove fumes from the worker's breathing area. This type of operation would be considered a volume source with 0% control efficiency. Listed below is information on the facility's operations: Booth Control Operation Materials Quantity % Total % Device Used Used Chromium Nickel None None Flame Spray Powder 123 20 lbs/yr 0% 95% (uncontrolled) Powder XYZ 5 lbs/yr 20% 75% An example calculation is provided below for Machine Shop Inc.: Step 1: Identify all thermal spraying materials that contain at least 0.1% by weight of chromium (Cr), chromium compounds, nickel (Ni), or nickel compounds. The following two products contain chromium or nickel: Powder 123 and Powder XYZ. Step 2: Determine the total percentage of chromium and/or nickel . Materials Used % Total % Nickel Chromium Powder 123 0% 95% Powder XYZ 20% 75% Step 3: Compile the annual material usage. Operation Materials Used Quantity Used Flame Spray Powder 123 20 lbs/yr Powder XYZ 5 lbs/yr Step 4: Calculate the annual usage quantities for chromium and nickel. Materials Quantity % Total % Qty. of Total Used Used Chromium Ni- Chromium Used Qty. of Nickel Used c k e l Powder 123 20 lbs/yr 0% 95% [20 lbs/yr]x[0% Cr] [20 lbs/yr]x[9 5% = Ni] = 0 lbs Cr/yr 19.0 lbs Ni/yr Powder XYZ 5 lbs/yr 20% 75% [5 lbs/yr]x[20% Cr] [5 lbs/yr]x[75 % = Ni] = 1.0 lbs Cr/yr 3.75 lbs Ni/yr Step 5: Identify the applicable emission factors. Emission Factor - Control Hexavalent Chromium Emission Factor - Nickel Device Operation (lb Cr+6/lb Cr sprayed) (lb Ni/lb Ni sprayed) Uncontrolled Flame Spray 6.20E-03 1.10E-01 Step 6: Calculate annual emissions ([Annual Emissions] = [Emission Factor]* [Annual Usage].) For hexavalent chromium, the annual emissions are - Qty. of Total Chromium Emission Used Factor Annual Control Materials (lbs Cr (lb Cr+6/lb Emissions Cr Booth Device Operation Used sprayed/- sprayed) (lb Cr+6/yr) yr) None None Flame Spray Powder 123 0 6.20E-03 [0]x[6.20E-03] = 0 Powder XYZ 1.0 6.20E-03 [1.0]x[6.20E-- 03] = 6.20E-03 Total = 0.006 Based on this emission level, Machine Shop Inc. is classified as Tier 1 for hexavalent chromium. Therefore, the thermal spraying operation would need to install a new booth with a control device that met the Tier 1 minimum efficiency requirement of 99%. In addition, Machine Shop Inc. would need to comply with the permitting, monitoring, and recordkeeping requirements of the ATCM. Machine Shop Inc. could avoid having to install a new booth and control device, if they eliminated the use of chromium-containing materials. For nickel, the annual emissions are - Qty. of Emission Nickels Factor Annual Used Control Materials (lbs Ni (lb Ni/lb Emissions Ni Booth Device Operation Used sprayed- sprayed) (lb Ni/yr) /yr) None None Flame Spray Powder 123 19.0 1.10E-01 [19.0]x[1.10E-- 01 ] = 2.09 Powder XYZ 3.75 1.10E-01 [3.75]x[1.10E-- 01] = 4.13E-01 Total = 2.50 Based on this emission level, Machine Shop Inc. is below the Tier 1 threshold for nickel. Therefore, no new control efficiency requirements would be imposed by this ATCM because of nickel emissions. However, this ATCM requires thermal spraying operations to comply with the most stringent control efficiency. Since the control efficiency requirement based on hexavalent chromium is the most stringent, they must comply with the 99% control efficiency. Step 7: Calculate the maximum hourly emissions for nickel. Powder 123 is the material that has the highest weight percentage of nickel (95%). The maximum spray rate for the flame spraying gun is 10 lbs/hr. The emission factor for flame spraying is 1.10E-01 lb Ni/lb Ni sprayed. [Maximum Hourly Usage] = [Maximum Gun Spray Rate]*[Maximum Wt.% Nickel] [Maximum Hourly Usage] = [10 lbs/hr]*[95 % Ni] = 9.5 lbs Ni sprayed/hr [Maximum Hourly Emissions] = [Emission Factor]*[Maximum Hourly Usage] Maximum Hourly Emissions = [1.10E-01 lb Ni/lb Ni sprayed]*[9.5 lbs Ni sprayed/hr] = 1.1 lb Ni/hr The maximum hourly emissions for nickel are 1.1 lbs Ni/hr, which exceeds the compliance limit of 0.01 lb Ni/hr for volume sources. Therefore, this thermal spraying operation does not comply with the maximum hourly limit for nickel and it would be necessary to reduce emissions (e.g., install a control device, limit usage, etc.) Appendix 2 - Method for Measuring Inward Face Velocity Inward face velocity must be measured at least once every calendar year and whenever the air pollution control system is changed in any way that may impact air flow to ensure that the ventilation system is working properly. Measurements must be conducted in accordance with the procedures specified in this Appendix 2 or an alternative method approved by the permitting agency. 1. Hood Measurement: Divide the face of the hood, the slot area, or the normal plane, at the capture velocity measurement point into equal area rectangles (see Figure 1). The side of each rectangular area should be no longer than 12 inches. Measure the air velocity (fpm) at the center of each rectangle using a calibrated anemometer or other measuring device approved by the permitting agency. The velocity measuring device must have an accuracy of at least +10% of full scale. The measuring device must be in good condition, of proper velocity range, and operated according to the manufacturer's instructions. The measuring device must be calibrated in accordance with the manufacturer's recommendations. Do not block or disturb the airflow while taking the readings. Figure 1: Airflow distribution measurement for an exterior hood and an enclosing hood Measure the volumetric airflow rate through the hood by measuring the velocity at the center of each equal-sized rectangular area (i.e., by performing pitot traverses.) If no suitable location exists for performing complete pitot traverses, measure the slot velocity and use this data to estimate the volumetric airflow rate through a hood. 2. Walk-in Booth Measurement: For a cross-draft walk-in booth (i.e., air enters through filters in the front of the booth and leaves through filters in the back of the booth): Divide the length of the booth into at least three cross-sectional areas to obtain the velocity profile in the booth. One cross-sectional area must be located near the exhaust plenum, one close to the supply plenum, and the other in the middle of the booth. Figure 2 illustrates the location of cross-sectional areas. Record the distance between each cross-sectional area and the exhaust or supply plenums. The distance between each cross-sectional area must not exceed ten feet. Lay out imaginary grid lines through each cross sectional area. Use the intersections of the grid lines as locations to measure velocities inside the booth. The intersection points must be no more than six feet apart. Record the location of each point on the grid. Measure the air velocity (fpm) at each intersection point on the grid using a calibrated anemometer or other measuring device approved by the permitting agency. The velocity measuring device must have an accuracy of at least +10% of full scale. The measuring device must be in good condition, of proper velocity range, and operated according to the manufacturer's instructions. The measuring device must be calibrated in accordance with the manufacturer's recommendations. Figure 2: Airflow distribution measurement inside a cross-draft walk-in booth For a down-draft walk-in booth (i.e., air enters through filters in the ceiling of the booth and leaves through filters that cover trenches under a metal grate floor): Divide the height of the booth into at least three cross-sectional areas to obtain the velocity profile in the booth. One cross-sectional area must be located near the exhaust plenum, one close to the supply plenum, and the other in the middle of the booth. Record the distance between each cross-sectional area and the exhaust or supply plenums. The distance between each cross-sectional area must not exceed ten feet. Lay out imaginary grid lines through each cross sectional area. Use the intersections of the grid lines as locations to measure velocities inside the booth. The intersection points must be no more than six feet apart. Record the location of each point on the grid. Measure the air velocity (fpm) at each intersection point on the grid using a calibrated anemometer or other measuring device approved by the permitting agency. The velocity measuring device must have an accuracy of at least +10% of full scale. The measuring device must be in good condition, of proper velocity range, and operated according to the manufacturer's instructions. The measuring device must be calibrated in accordance with the manufacturer's recommendations. 3. Average Value of Readings Calculate the average value for all velocity readings, if all individual readings are within +20% of the average value. Do not include turbulent readings when calculating the average (turbulent airflow may be indicated by negative or zero velocity readings.) Record and make available for inspection by the permitting agency the entire velocity profile to show the airflow distribution. Examples: Hood A - Velocity Readings (fpm) 100 90 110 85 115 100 105 95 100 Average Velocity = 900 fpm / 9 = 100 fpm Hood B - Velocity Readings (fpm) 200 200 0 200 50 0 100 -5 * -45 * Average velocity = 750 fpm / 7 = 107 fpm ** * Negative values indicate airflow in reverse direction and are not included in the average. ** This is not a valid average, because individual readings are not within +20% of the average. The booth airflow needs to be adjusted and balanced before the velocity is measured again. Appendix 3 - Leak Check Visual Inspection Checklist Visual inspections must be conducted at least once every 90 days to ensure that no leaks are present in the control device or ventilation system. At a minimum, the inspection must include the items listed in the following checklist that are applicable. In addition to the items on this checklist, thermal spraying operations must inspect items in accordance with manufacturers' recommendations. Note: Authority Cited: Sections 39600, 39601, 39650, 39658, 39659, 39666 and 41511, Health and Safety Code. Reference: Sections 39650, 39658, 39659, 39666 and 41511, Health and Safety Code. s 93103. Regulation for Chromate Treated Cooling Towers. (a) Definitions. In this regulation, hexavalent chromium and chromate are substances identified as toxic air contaminants by the Air Resources Board. You, yours, I, and my mean the person who owns or operates, or who plans to build, own, or operate, a cooling tower. The district is the local air pollution control district or air quality management district. A cooling tower is a device which evaporates circulating water to remove heat from a process, a building, or a refrigerator, and puts the heat into the ambient air. Must means a provision is mandatory, and may means a provision is permissive. (b) Who must comply with this regulation? Any person who owns or operates, or who plans to build, own, or operate, a cooling tower must comply with this regulation. (c) What must I do to comply with this regulation? To comply with this regulation, you must: notify the district in writing about your cooling tower, and not add any hexavalent chromium-containing compounds to the cooling tower circulating water, and keep the hexavalent chromium concentration in the cooling tower circulating water less than 0.15 milligrams hexavalent chromium per liter of circulating water, and test the circulating water to determine the concentration of hexavalent chromium every six months, and keep the results of all required tests of circulating water for two years, and give them to the district when asked. (d) What information must I send the district? Within 90 days after the effective date of this regulation, you must write and tell the district the following: that you own or operate a cooling tower, and where the cooling tower is located, and who is the owner or operator of the cooling tower, and whether or not you use hexavalent chromium in the cooling tower, and if you are using hexavalent chromium, when you plan to stop. (e) When must I comply with the hexavalent chromium limits? You must stop adding hexavalent chromium-containing compounds to the circulating water in your cooling tower and meet the 0.15 milligrams per liter hexavalent chromium concentration limit no later than 180 days after the effective date of the regulation. This is the compliance date for the regulation. (f) For how long do I have to test the circulating water? If, after the effective date of this regulation, 2 consecutive required tests showing concentrations of hexavalent chromium less than 0.15 milligrams of hexavalent chromium per liter of circulating water, then the testing requirement is ended. All other requirements remain the same. The district may, however, require you to resume testing the circulating water at any time if the district has information that the circulating water may contain hexavalent chromium. (g) How do I test the circulating water for hexavalent chromium? You must test the circulating water to determine hexavalent chromium concentrations using American Public Health Association Method 312B, or an equivalent method approved by the district. You will find Method 312B in a book called Standard Methods for the Examination of Water and Wastewater, Sixteenth Edition, published by the American Public Health Association, and available at libraries and bookstores nationwide. (h) I use hexavalent chromium in a wooden cooling tower. Even if I stop adding hexavalent chromium on the compliance date, hexavalent chromium from the wood may cause the concentration in the circulating water to exceed 0.15 milligrams per liter for a time after the compliance date. How may I avoid being cited immediately after the compliance date? You may avoid being cited for violations of the 0.15 milligrams per liter hexavalent chromium concentration limit for up to six months after the compliance date. In order to not be cited during the transition period, you must: comply with all other requirements of this regulation, and notify the district in writing that your cooling tower has wooden components that are exposed to the circulating water, and that you plan to take advantage of this section, and test the circulating water to determine the concentration of hexavalent chromium monthly and show a decrease in hexavalent chromium concentrations in the circulating water each month, and keep the results of the tests of circulating water for two years and give them to the district when asked, and the hexavalent chromium concentration in the circulating water must not exceed 8 milligrams hexavalent chromium per liter of circulating water. (i) I am planning to build a cooling tower after the effective date of this regulation. Do I need to notify the district? Yes, no later than 90 days before you begin to operate the cooling tower, you must write and tell the district the following: who is the owner and operator of the cooling tower, and where the cooling tower will be located, and when you plan to start operation. (j) I switched to non-chromate treatments before this regulation became effective, do I have to meet the same requirements? If you have not used hexavalent chromium in your cooling tower for at least one year immediately before the compliance date, or if your cooling tower has never used hexavalent chromium, and you can demonstrate this to the district, then the district may waive the testing requirement. Such demonstration may be made by written certification signed by a company officer, that hexavalent chromium compounds have not been used within the year immediately before the compliance date. The district may, however, require you to test the circulating water at any time, if the district has information that the circulating water may contain hexavalent chromium. Note: Authority cited: Section 39600, 39601, 39650 and 39666, Health and Safety Code. Reference: Sections 39650 and 39666, Health and Safety Code. s 93104. Dioxins Airborne Toxic Control Measure -Medical Waste Incinerators. (a) Definitions. For purposes of this section, the following definitions shall apply: (1) "ARB" means the State of California Air Resources Board. (2) "ARB Test Method 2" means the test method specified in title 17, California Code of Regulations, section 94102. (3) "ARB Test Method 428" means the test method specified in title 17, California Code of Regulations, section 94139. (4) "Control equipment" means any device which reduces emissions from medical waste incinerators. (5) "Dioxins" means dibenzo-p-dioxins and dibenzofurans chlorinated in the 2, 3, 7, and 8 positions and containing 4, 5, 6, or 7 chlorine atoms and is expressed as 2, 3, 7, 8, tetrachlorinated dibenzo-para-dioxin equivalents using current California Department of Health Services toxic equivalency factors. (6) "Facility" means every building, structure, appurtenance, installation, or improvement located on land which is under the same or common ownership or operation, and is on one or more contiguous or adjacent properties. (7) "Medical facilities" means medical and dental offices, clinics and hospitals, skilled nursing facilities, research facilities, research laboratories, clinical laboratories, all unlicensed and licensed medical facilities, clinics and hospitals, surgery centers, diagnostic laboratories, and other providers of health care. (8) "Medical waste incinerator" means all of the furnaces or other closed fire chambers that are located at a facility and used to dispose of waste generated at medical facilities by burning. (9) "Uncontrolled emissions" means the dioxins emissions measured from the incinerator at a location downstream of the last combustion chamber, but prior to the air pollution control equipment. (10) "Waste" means all discarded putrescible and nonputrescible solid, semisolid, and liquid materials, including garbage, trash, refuse, paper, rubbish, food, ashes, plastics, industrial wastes, demolition and construction wastes, equipment, instruments, utensils, appliances, manure, and human or animal solid and semisolid wastes. (b) Requirements for medical waste incinerators that incinerate more than 25 tons of waste per year. The following requirements shall apply only to medical waste incinerators that incinerate more than 25 tons of waste per year: (1) No person shall operate a medical waste incinerator unless: (A) The dioxins emissions have been reduced by 99 percent or more of the uncontrolled emissions; or (B) The dioxins emissions have been reduced to 10 nanograms or less per kilogram of waste burned. (2) No person shall operate a medical waste incinerator unless the control equipment is installed and used in a manner which has been demonstrated to and approved by the district air pollution control officer to meet the following requirements: (A) The flue gas temperature at the outlet of the control equipment shall not exceed 300 degrees Fahrenheit, unless it has been demonstrated to, and approved in writing by, both the ARB and the district air pollution control officer that lower emissions are achieved at a higher outlet temperature; and (B) For a single chamber incinerator, the combustion chamber shall be maintained at no less than 1800 degrees (+ 200 degrees) Fahrenheit. For a multiple chamber incinerator, the primary combustion chamber shall be maintained at no less than 1400 degrees Fahrenheit, and the secondary chamber shall be maintained at no less than 1800 degrees (+ 200 degrees) Fahrenheit. The furnace design shall provide for a residence time for combustion gas of at least one second. Residence time shall be calculated using the following equation: Residence Time = V ---- Qc) where: V means the volume, as expressed in cubic feet, from the point in the incinerator where the maximum temperature has been reached until the point where the temperature has dropped to 1600 degrees F. Q c means the combustion gas flow through V, as expressed in actual cubic feet per second, which is determined with ARB Test Method 2 or calculated by the following equation: Q c = Q stoi (1 + EA) (T c + 460) x ( 1 minute) --- --------------- ------------ (100) (528) (60 seconds) EA means the excess air, expressed as apercentage, supplied in excess of the air necessary to complete combustion. T c means the maximum temperature, in degrees Fahrenheit, that has been reached in the incinerator. Q stoi means the amount of air theoretically required for complete combustion, as expressed in standard cubic feet per minute (SCF) and calculated as follows: (lb-mole O2) x (lb-waste) x (SCF O2) x (SCF air) ---------------- ---------- ------------ --------- (lb-waste) (min) (lb-mole O2) (SCF O2) (3) No person shall operate a medical waste incinerator unless the bottom ash, fly ash and scrubber residuals are handled and stored in a manner that prevents entrainment into ambient air. (4) The owner or operator of a medical waste incinerator shall maintain the following: (A) A continuous data recording system which provides for each day of operation continuous recording of the primary and secondary combustion chamber temperatures; carbon monoxide emissions; the key operating parameters of the air pollution control equipment, as specified by the district air pollution control officer; the hourly waste charging rates; and the opacity of stack emissions or other indicator of particulate matter which is approved by the district air pollution control officer; (B) Maintenance records for the incinerator, control equipment, and monitoring equipment; and calibration records for the monitoring equipment; and (C) Equipment for determining and recording the weight of waste charged to the incinerator. (5) For purposes of demonstrating compliance with subsection (b)(1) of this rule the owner or operator of a medical waste incinerator shall conduct a minimum of two annual source-tests for the dioxins stack emissions using ARB Test Method 428, and a minimum of three sampling runs shall be conducted for the method. Annual source tests shall be conducted until at least two consecutive tests demonstrate compliance, at which time the frequency of future source tests is at the discretion of the Air Pollution Control Officer. For purposes of determining compliance with subsection (b)(1)(A) of this rule, emissions shall be sampled simultaneously from the flue at a location downstream of the last combustion chamber, but prior to the control equipment, and from the stack during source testing. For purposes of determining compliance with subsection (b)(1)(B) of this rule, the source testing shall be conducted at the stack. The information regarding the composition (moisture content, and amount of the total waste that is infectious, pathological, hazardous, or radioactive) and feed rate of the fuel charged during the source test shall be provided with the test results. The district air pollution control officer can require additional necessary information regarding the composition of the waste. Source testing shall be conducted at the maximum waste firing capacity (+-10 percent) allowed by the air district permit. A copy of all source test results conducted for purposes of demonstrating compliance with this rule shall be provided to the ARB at the same time that it is provided to the local air pollution control district. (6) Any violation, malfunction, or upset condition on the incinerator, the air pollution control equipment, or the continuous data recording system shall be reported to the district within 1 hour of occurrence or by 9 a.m. the next business day if the malfunction occurs outside normal business hours and the district does not maintain a radio room or an answering machine. (7) No person shall operate a medical waste incinerator unless each individual who operates or maintains the incinerator obtains either a certificate of training in medical waste incineration issued by The American Society of Mechanical Engineers within nine months of the commencement of the training program, or equivalent training as determined by the Air Pollution Control Officer. Copies of the training certificates for the operators and maintenance engineers shall be submitted to the districts and the original certificates shall be available for inspection at the facility with the permit to operate. (c) Requirements for medical waste incinerators that incinerate 25 tons or less of waste per year. The following requirements shall apply to incinerators that incinerate 25 tons or less of waste per year: (1) No person shall operate a medical waste incinerator that incinerates 25 tons or less of waste per year unless the requirements specified in subsections (b)(3), (b)(4)(C), and (b)(7) are met. (2) The owner or operator of a medical waste incinefator that incinerates more than 10 but less than 25 tons of waste per year shall conduct one initial source test at the incinerator stack as specified in subsection (b)(5). (d) Compliance Schedule. (1) No later than 90 days after district adoption of regulations enacting this control measure, the owner or operator of a medical waste incinerator that incinerates more than 25 tons of waste per year shall submit to the district air pollution control officer an application for an authority to construct the equipment necessary to meet the requirements of sections (b)(1) or (b)(2), and no later than 15 months after district adoption of regulations enacting this control measure, the owner or operator of a medical waste incinerator shall be in compliance with this regulation. (2) The owner or operator of a medical waste incinerator who intends to permanently shut down operation of the incinerator shall notify the district of the shutdown date within 90 days after district adoption of regulations enacting this control measure. The shutdown date shall be no later than six months after district adoption of regulations enacting this control measure. (3) The owner or operator of a medical waste incinerator that incinerates 25 tons or less of waste per year who intends to remain in operation shall notify the district within 90 days after district adoption of regulations enacting this control measure. The owner or operator of a medical waste incinerator shall be in compliance with this regulation no later than 15 months after district adoption of regulations enacting this control measure. (e) This control measure shall not apply to those incinerators which are exclusively crematoria of human or animal remains. Note: Authority cited: Sections 39600, 39601, 39650 and 39666, Health and Safety Code. Reference: Sections 39650 and 39666, Health and Safety Code. s 93105. Asbestos Airborne Toxic Control Measure for Construction, Grading, Quarrying, and Surface Mining Operations. (a) Effective Date. (1) No later than November 19, 2002 each air pollution control and air quality management district must: (A) Implement and enforce the requirements of this section; or (B) Propose their own asbestos airborne toxic control measure as provided in Health & Safety Code section 39666(d). (2) Pre-existing Operations: The owner/operator of any project in which the construction, grading, quarrying, or surface mining operation started before the effective date of this section shall comply with this section by: (A) The date the district begins implementing and enforcing this section as required in subsection (a)(1)(A); or (B) The compliance date specified in the airborne toxic control measure adopted by the district as required in subsection (a)(1)(B). (b) Applicability. Unless one of the specific exemptions specified in subsection (c) applies, this section shall apply to any construction, grading, quarrying, or surface mining operation on any property that meets any of the following criteria: (1) Any portion of the area to be disturbed is located in a geographic ultramafic rock unit; or (2) Any portion of the area to be disturbed has naturally-occurring asbestos, serpentine, or ultramafic rock as determined by the owner/operator, or the Air Pollution Control Officer (APCO); or (3) Naturally-occurring asbestos, serpentine, or ultramafic rock is discovered by the owner/operator, a registered geologist, or the APCO in the area to be disturbed after the start of any construction, grading, quarrying, or surface mining operation. (c) General Exemptions. (1) Geologic Evaluation: The APCO may provide an exemption from this section for any property that meets the criterion in subsection (b)(1) if a registered geologist has conducted a geologic evaluation of the property and determined that no serpentine or ultramafic rock is likely to be found in the area to be disturbed. Before an exemption can be granted, the owner/operator must provide a copy of a report detailing the geologic evaluation to the APCO for his or her consideration. (A) At a minimum, the geologic evaluation must include: 1. A general description of the property and the proposed use; 2. A detailed site characterization which may include: i. A physical site inspection; ii. Offsite geologic evaluation of adjacent property; iii. Evaluation of existing geological maps and studies of the site and surrounding area; iv. Development of geologic maps of the site and vicinity; v. Identification and description of geologic units, rock and soil types, and features that could be related to the presence of ultramafic rocks, serpentine, or asbestos mineralization; and vi. A subsurface investigation to evaluate the nature and extent of geologic materials in the subsurface where vertical excavation is planned; methods of subsurface investigation may include, but are not limited to borings, test pits, trenching, and geophysical surveys; 3. A classification of rock types found must conform to the nomenclature based on the International Union of Geological Science system; 4. A description of the sampling procedures used; 5. A description of the analytical procedures used, which may include mineralogical analyses, petrographic analyses, chemical analyses, or analyses for asbestos content; 6. An archive of collected rock samples for third party examination; and 7. A geologic evaluation report documenting observations, methods, data, and findings; the format and content of the report should follow the Guidelines for Engineering Geologic Reports issued by the State Board of Registration for Geologists and Geophysicists. (B) The district may request any additional tests or other information needed to evaluate an application for exemption. (C) The district shall grant or deny a request for an exemption within 90 days of the receipt of a complete application. (D) If the request for an exemption is denied, the APCO shall provide written reasons for the denial. (E) Expiration of the Geologic Exemption: If the owner/operator discovers any naturally-occurring asbestos, serpentine, or ultramafic rock in the area to be disturbed after the exemption is granted, then: 1. The owner/operator must comply with the requirements of this section; 2. The owner/operator must report the discovery of the naturally-occurring asbestos, serpentine, or ultramafic rock to the APCO no later than the next business day; and 3. The exemption under subsection (c)(1) shall expire and cease to be effective. (2) If a method is developed to accurately demonstrate that property located in a geographic ultramafic rock unit has no detectable asbestos in the area to be disturbed, then the ARB Executive Officer shall propose to the Board for adoption a regulatory amendment allowing the method to be utilized, as appropriate, to obtain an exemption from the requirements specified in this section. (3) Agriculture and Timber Harvesting: This section shall not apply to agricultural operations or timber harvesting except for construction of roads and buildings. Construction of roads is subject to the requirements of subsection (e) if the road is part of a construction or grading operation, quarry, or surface mine, and is subject to the requirements of subsection (d) if the road is not part of a construction or grading operation, quarry, or surface mine. (4) Homeowners and Tenants: Individuals engaged in covered activities on residential property they own or occupy are exempt from subsections (e)(1) and (e)(3)(A). (5) Sand and Gravel Operations: The APCO may provide an exemption for crushing, screening and conveying equipment, stockpiles, and off-site material transport at a sand and gravel operation if the operation processes only materials from an alluvial deposit. (A) The district shall grant or deny a request for an exemption within ninety (90) days of the receipt of a complete application. (B) If the request for an exemption is denied, the APCO shall provide written reasons for the denial. (d) Requirements for Road Construction and Maintenance. These requirements shall apply to roads that are not part of a construction or grading project, quarry, or surface mine. (1) No person shall conduct any road construction or maintenance activities that disturb any area that meets any criterion listed in subsections (b)(1) or (b)(2) unless all of the following conditions are met. (A) The APCO is notified in writing at least fourteen (14) days before the beginning of the activity or in accordance with a procedure approved by the district. (B) All the following dust control measures are implemented during any road construction or maintenance activity: 1. Unpaved areas subject to vehicle traffic must be stabilized by being kept adequately wetted, treated with a chemical dust suppressant, or covered with material that contains less than 0. 25 percent asbestos; 2. The speed of any vehicles and equipment traveling across unpaved areas must be no more than fifteen (15) miles per hour unless the road surface and surrounding area is sufficiently stabilized to prevent vehicles and equipment traveling more than 15 miles per hour from emitting dust that is visible crossing the project boundaries; 3. Storage piles and disturbed areas not subject to vehicular traffic must be stabilized by being kept adequately wetted, treated with a chemical dust suppressant, or covered with material that contains less than 0.25 percent asbestos; and 4. Activities must be conducted so that no track-out from any road construction project is visible on any paved roadway open to the public. (C) Equipment and operations must not cause the emission of any dust that is visible crossing the project boundaries. (2) No person shall conduct any road construction or maintenance activity that disturbs the ground surface in an area that meets the criteria in subsection (b)(3) unless: (A) The APCO is notified no later than the next business day of the discovery that the area meets the criteria in subsection (b)(3); and (B) The requirements of subsections (d)(1)(B) through (d)(1)(C), are implemented within twenty-four (24) hours of the discovery. (3) Exemptions from the Requirements for Road Construction and Maintenance. The following exemptions may apply in addition to the applicable general exemptions specified in subsection (c). (A) Emergency Road Repairs: Subsection (d)(1)(A) shall not apply when construction of a road or firebreak, or a road repair is necessary due to a landslide, flood, or other emergency or to mitigate a condition that constitutes an imminent hazard to the public. The owner/operator shall notify the APCO no later than the next business day of the action taken and the condition establishing the applicability of this subsection. (B) Remote locations: The APCO may provide an exemption from the requirements of subsection (d) for any activity which will occur at a remote location. 1. The district shall grant or deny a request for an exemption within ninety (90) days of the receipt of a complete application. 2. If the request for an exemption is denied, the APCO shall provide written reasons for the denial. (e) Requirements for Construction and Grading Operations. (1) Areas of one acre or less meeting the criteria in subsections (b)(1) or (b)(2): No person shall engage in any construction or grading operation on property where the area to be disturbed is one (1.0) acre or lessunless all of the following dust mitigation measures are initiated at the start and maintained throughout the duration of the construction or grading activity: (A) Construction vehicle speed at the work site must be limited to fifteen (15) miles per hour or less; (B) Prior to any ground disturbance, sufficient water must be applied to the area to be disturbed to prevent visible emissions from crossing the property line; (C) Areas to be graded or excavated must be kept adequately wetted to prevent visible emissions from crossing the property line; (D) Storage piles must be kept adequately wetted, treated with a chemical dust suppressant, or covered when material is not being added to or removed from the pile; (E) Equipment must be washed down before moving from the property onto a paved public road; and (F) Visible track-out on the paved public road must be cleaned using wet sweeping or a HEPA filter equipped vacuum device within twenty-four (24) hours. (2) Areas greater than one acre meeting the criteria in subsections (b)(1) or (b)(2): No person shall engage in any construction or grading operation on property where the area to be disturbed is greater than one (1.0) acreunless: (A) An Asbestos Dust Mitigation Plan for the operation has been: 1. Submitted to and approved by the district before the start of any construction or grading activity; and 2. The provisions of that dust mitigation plan are implemented at the beginning and maintained throughout the duration of the construction or grading activity; and (B) For a project started before the effective date of this section for which an asbestos dust mitigation plan was submitted at least sixty (60) days before the effective date, and for which the district has not yet approved the asbestos dust mitigation plan: 1. The measures in subsection (e)(1) must be implemented and maintained until the district-approved asbestos dust mitigation plan is implemented; and 2. The provisions of the district-approved asbestos dust mitigation plan must be implemented within fourteen (14) days of district approval of the plan and maintained throughout the remainder of the construction or grading activity. (3) Property that meets the criteria in subsection (b)(3): No person shall engage in any construction or grading operation unless the following requirements are met: (A) The owner/operator notifies the district of the discovery of naturally-occurring asbestos, serpentine, or ultramafic rock no later than the next business day; (B) The dust mitigation measures in subsection (e)(1) are implemented within twenty-four (24) hours after determining that the property meets the criteria in subsection (b)(3); and (C) For operations in which the area to be disturbed is one (1.0) acre or less, the dust mitigation measures in subsection (e)(1) are maintained throughout the duration of the construction or grading activity; or (D) For operations in which the area to be disturbed is greater than one (1.0) acre,the owner/operator must: 1. Submit an asbestos dust mitigation plan to the district within fourteen (14) days of the discovery of naturally-occurring asbestos, serpentine, or ultramafic rock; 2. Maintain the dust mitigation measures in subsection (e)(1) until the provisions of the district-approved asbestos dust mitigation plan are implemented; 3. Implement the provisions of the district-approved asbestos dust mitigation plan within fourteen (14) days of district approval of the plan; and 4. Maintain the provisions of the district-approved asbestos dust mitigation plan throughout the remainder of the construction or grading activity. (4) Asbestos Dust Mitigation Plans: An Asbestos Dust Mitigation Plan must specify dust mitigation practices which are sufficient to ensure that no equipment or operation emits dust that is visible crossing the property line, and must include one or more provisions addressing eachof the following topics. (A) Track-out prevention and control measures which shall include: 1. Removal of any visible track-out from a paved public road at any location where vehicles exit the work site; this shall be accomplished using wet sweeping or a HEPA filter equipped vacuum device at the end of the work day or at least one time per day; and 2. Installation of one or more of the following track-out prevention measures: i. A gravel pad designed using good engineering practices to clean the tires of exiting vehicles; ii. A tire shaker; iii. A wheel wash system; iv. Pavement extending for not less than fifty (50) consecutive feet from the intersection with the paved public road; or v. Any other measure as effective as the measures listed above. (B) Keeping active storage piles adequately wetted or covered with tarps. (C) Control for disturbed surface areas and storage piles that will remain inactive for more than seven (7) days, which shall include one or more of the following: 1. Keep the surface adequately wetted; 2. Establishment and maintenance of surface crusting sufficient to satisfy the test in subsection (h)(6); 3. Application of chemical dust suppressants or chemical stabilizers according to the manufacturers' recommendations; 4. Covering with tarp(s) or vegetative cover; 5. Installation of wind barriers of fifty (50) percent porosity around three (3) sides of a storage pile; 6. Installation of wind barriers across open areas; or 7. Any other measure as effective as the measures listed above. (D) Control for traffic on on-site unpaved roads, parking lots, and staging areas which shall include: 1. A maximum vehicle speed limit of fifteen (15) miles per hour or less; and 2. One or more of the following: i. Watering every two hours of active operations or sufficiently often to keep the area adequately wetted; ii. Applying chemical dust suppressants consistent with manufacturer's directions; iii. Maintaining a gravel cover with a silt content that is less than five (5) percent and asbestos content that is less than 0.25 percent, as determined using an approved asbestos bulk test method, to a depth of three (3) inches on the surface being used for travel; or iv. Any other measure as effective as the measures listed above. (E) Control for earthmoving activities which shall include one or more of the following: 1. Pre-wetting the ground to the depth of anticipated cuts; 2. Suspending grading operations when wind speeds are high enough to result in dust emissions crossing the property line, despite the application of dust mitigation measures; 3. Application of water prior to any land clearing; or 4. Any other measure as effective as the measures listed above. (F) Control for off-site transport. The owner/operator shall ensure that no trucks are allowed to transport excavated material off-site unless: 1. Trucks are maintained such that no spillage can occur from holes or other openings in cargo compartments; and 2. Loads are adequately wetted and either: i. Covered with tarps; or ii. Loaded such that the material does not touch the front, back, or sides of the cargo compartment at any point less than six inches from the top and that no point of the load extends above the top of the cargo compartment. (G) Post construction stabilization of disturbed areas. Upon completion of the project, disturbed surfaces shall be stabilized using one or more of the following methods: 1. Establishment of a vegetative cover; 2. Placement of at least three (3.0) inches of non-asbestos-containing material; 3. Paving; 4. Any other measure deemed sufficient to prevent wind speeds of ten (10) miles per hour or greater from causing visible dust emissions. (H) Air monitoring for asbestos (if required by the APCO). 1. If required by the district APCO, the plan must include an air-monitoring component. 2. The air monitoring component shall specify the following: i. Type of air sampling device(s); ii. Siting of air sampling device(s); iii. Sampling duration and frequency; and iv. Analytical method. (I) Frequency of reporting: The plan shall state how often the items specified in subsection (e)(5)(B), and any other items identified in the plan, will be reported to the district. (5) Recordkeeping and Reporting Requirements. (A) Recordkeeping Requirements: The owner/operator shall maintain all of the following records for at least seven (7) years following the completion of the construction project: 1. The results of any air monitoring conducted at the request of the APCO; 2. The documentation for any geologic evaluation conducted on the property for the purposes of obtaining an exemption, except the archive of collected samples which may be discarded at the expiration of the exemption or one (1) year after the exemption is granted whichever is less; and 3. The results of any asbestos bulk sampling that meets any of the following conditions: i. The asbestos bulk sampling was conducted by the owner/operator to document the applicability of or compliance with this section, or ii. The asbestos bulk sampling was done at the request of the district APCO. (B) Reporting Requirements: The owner/operator of any grading or construction operation subject to this section shall submit the following to the District: 1. The results of any air monitoring conducted at the request of the APCO; and 2. The results of any asbestos bulk sampling that meets any of the following conditions: i. Asbestos bulk sampling conducted by the owner/operator to document applicability of or compliance with this section; or ii. Asbestos bulk sampling done at the request of the APCO. (f) Requirements for Quarrying and Surface Mining Operations. (1) No person shall engage in any quarrying or surface mining operation that meets the criteria of subsections (b)(1) or (b)(2) unless an Asbestos Dust Mitigation Plan for the operation has been submitted to and approved by the District and the fugitive dust mitigation measures specified in the Plan are implemented and maintained throughout the duration of any quarrying or surface mining operation except, (A) Pre-existing Operations: The owner or operator of any quarrying or surface mining operation that was in operation before the date this section is implemented as determined pursuant to subsection (a) that has not obtained district approval of the asbestos dust mitigation plan may continue operating if all the following conditions are met: 1. The owner/operator has submitted an asbestos dust mitigation plan to the district at least sixty (60) days prior to the date specified in subsection (a); 2. The owner/operator implements all of the dust mitigation measures specified in subsections (f)(2)(B) and (f)(2)(C) by the effective date specified in subsection (a) and maintains them until the provisions of an approved asbestos dust mitigation plan are implemented; and 3. The owner/operator implements the provisions of the asbestos dust mitigation plan within fourteen (14) days following district approval of the plan. (B) Mineral exploration activities: Mineral exploration activities as defined in the California Public Resources Code section 2714(d) in an area meeting any of the conditions of subsection (b) are not required to submit an asbestos dust mitigation plan but shall instead implement and maintain the following measures throughout the duration of the activity: 1. Limit vehicle speeds on the site to fifteen (15) miles per hour or less; 2. Apply sufficient water during any ground disturbance to prevent visible dust from crossing the property line; 3. Keep disturbed areas and storage piles adequately wetted until they are permanently stabilized; 4. Install a track-out prevention device designed to prevent track-out onto any paved public road; 5. Clean up any visible track-out at the end of the workday or at a minimum within twenty-four (24) hours; and 6. Cover, treat with a chemical dust suppressant, or otherwise stabilize any disturbed areas when operations cease for more than seven (7) days. (2) The owner/operator of any quarry or surface mine that meets any of the criteria in subsection (b)(3) shall: (A) Notify the APCO no later than the next business day of the discovery. (B) Implement all the following measures within twenty-four (24) hours following the discovery: 1. Keep stock and working piles adequately wetted during the addition and removal of material; 2. Keep on-site unpaved roads, parking lots, and staging areas stabilized using one of the following measures: i. Adequately wetted; or ii. Controlled using dust palliatives or suppressants; or iii. paving; or iv. Covered to a depth of three (3) inches with gravel that contains less than 0.25 percent asbestos as determined using an approved asbestos bulk test method; 3. Keep exposed areas and inactive stockpiles that are prone to mechanical or wind disturbances: i. Adequately wetted; or ii. Controlled using dust palliatives or suppressants, paving, wind berms or breaks; or iii. Covered with tarps or material that contains less than 0.25 percent asbestos as determined using an approved asbestos bulk test method; 4. Ensure that materials to be quarried, excavated, or graded are adequately wetted; 5. Ensure that all loads are adequately wetted before and during truck loading operations; 6. Ensure that all trucks transporting materials off-site meet the conditions of either paragraph i or paragraph ii at the time the truck leaves the site: i. Loads are adequately wetted and covered with tarps; or ii. Loads are adequately wetted and the material does not touch the front back or sides of the cargo compartment at any point less than six (6) inches from the top and no point of the load extends above the top of the cargo compartment; and 7. Limit vehicle speeds within the quarry or surface mining operation to fifteen (15) miles per hour or less. (C) Implement all of the following measures within fourteen (14) days of the determination that the operation meets any of the criteria in subsection (b)(3). 1. Measures to ensure that material being excavated, crushed, screened, loaded, transferred or conveyed does not result in any dust that is visible crossing the property line. 2. Measures to ensure that no grinding mill, screening operation, or transfer point on a belt conveyor discharges into the air any visible emissions other than uncombined water vapor, for a period aggregating more than three minutes in any one hour which are: i. Fifty percent as dark or darker in shade as that designated as number one on the Ringlemann Chart, as published by the United States Bureau of Mines; or ii. Of such opacity as to obscure an observers view to a degree equal to or greater than smoke as described in subsection (f)(2)(C)2.i. or ten (10) percent opacity. 3. Measures to ensure that no crusher discharges into the air any visible emissions other than uncombined water vapor, for a period aggregating more than three minutes in any one hour which are: i. Seventy-five percent as dark or darker in shade as that designated as number one on the Ringlemann Chart, as published by the United States Bureau of Mines; or ii. Of such opacity as to obscure an observers view to a degree equal to or greater than smoke as described in subsection (f)(3)(C)3.i. or fifteen (15) percent opacity. 4. Measures for material handling sufficient to meet the requirements of subsections (f)(2)(C)1. through (f)(2)(C)3. Such measures may include the following: i. Installation and operation of spraybars on all conveyors; and ii. Installation of shrouds at all drop points. 5. Track-out control and prevention measures which shall include: i. Installation of a gravel pad, grizzly, tire washing system, or paving at least fifty (50) feet of the access road, and ii. Cleaning any visible track-out off the paved public road using wet sweeping or a HEPA filter equipped vacuum device at the end of each workday. 6. Stabilization of all on-site roads, parking lots, and staging areas open to the public by one of the following methods: i. Pave with asphalt or concrete, or ii. Treat with a chemical dust suppressant applied according to manufacturers directions, or iii. Maintain a gravel cover that has a depth of at least three (3) inches and contains less than 0.25 percent asbestos as determined using an approved asbestos bulk test method. (D) Submit an Asbestos Dust Mitigation Plan to the District within fourteen (14) days and maintain the measures specified in subsections (f)(2)(B) and (f)(2)(C) until the asbestos dust mitigation measures in the district-approved Asbestos Dust Mitigation Plan are implemented. (3) An Asbestos Dust Mitigation Plan required by subsections (f)(1) and (f)(2)(D) must include sections which address each of the following topics. (A) A Fugitive Dust Mitigation Component which shall, at a minimum, include the measures specified in subsections (f)(2)(B) and (f)(2)(C), unless the APCO determines that it is appropriate to add, omit, or modify these measures depending on site-specific parameters. The plan shall also require that: 1. Equipment and operations do not emit dust that is visible crossing the property line; 2. Crushers do not discharge into the air any visible emissions other than uncombined water vapor, for a period aggregating more than three minutes in any one hour, which is: i. Seventy-five percent as dark or darker in shade as that designated as number one on the Ringlemann Chart, as published by the United States Bureau of Mines; or ii. Of such opacity as to obscure an observers view to a degree equal to or greater than smoke as described in subsection (f)(3)(A)2.i. or fifteen (15) percent opacity; and 3. Grinding mills, screening operations, and transfer points on belt conveyors do not discharge into the air any visible emissions other than uncombined water vapor, for a period aggregating more than three minutes in any one hour, which is: i. Fifty percent as dark or darker in shade as that designated as number one on the Ringlemann Chart, as published by the United States Bureau of Mines; or ii. Of such opacity as to obscure an observers view to a degree equal to or greater than smoke as described in subsection (f)(3)(A)3.i. or ten (10) percent opacity. (B) Air monitoring for asbestos (if required by the APCO). 1. If required by the district APCO, the plan must include an air monitoring component. 2. The air monitoring component shall specify the following: i. Type of air sampling device(s); ii. Siting of air sampling device(s); iii. Sampling duration and frequency; and iv. Analytical method. (C) Frequency of reporting. The plan shall state how often the items specified in subsection (f)(5)(B), and any other items identified in the plan, will be reported to the district. (4) Upon petition by the owner/operator the APCO may approve the use of requirements or restrictions established under other regulatory programs to meet the requirements of subsection (f) under the following conditions: (A) The requirements or restrictions are equivalent to or more stringent than the requirements of subsection (f); and (B) The requirements or restrictions are enforceable by the APCO. (5) Recordkeeping and Reporting Requirements: The owner/operator of a surface mining or quarrying operation subject to this section must comply with the following recordkeeping and reporting requirements. (A) Recordkeeping Requirements: The owner/operator shall maintain all of the following records for at least seven (7) years: 1. The results of any air monitoring conducted at the request of the APCO; 2. The documentation for any geologic evaluation conducted on the property for the purpose of obtaining an exemption except, the archive of collected rock samples which may be discarded at the expiration of the exemption or one (1) year after the district granted or denied the exemption, whichever comes first; and 3. The results of any asbestos bulk sampling that meets any of the following conditions: i. The asbestos bulk sampling was conducted by the owner/operator to document the applicability of, or compliance with this section; or ii. The asbestos bulk sampling was done at the request of the district APCO. (B) Reporting Requirements: The owner/operator shall submit the following to the District: 1. The results of any air monitoring conducted at the request of the APCO; 2. The documentation of any geologic evaluation conducted on the property in question; and 3. The results of any asbestos bulk sampling that meets any of the following conditions: i. Asbestos bulk sampling conducted by the owner/operator to document applicability of or compliance with this section; or ii. Asbestos bulk sampling done at the request of the district APCO. (g) Air Monitoring for Asbestos. Pursuant to the requirements of Health and Safety Code section 41511: (1) Air monitoring may be required by the district APCO. (2) The APCO may revise the asbestos dust mitigation plan on the basis of the results of the air monitoring. (h) Test Methods. (1) Ultramafic Rock: The ultramafic rock composition of any material shall be determined using standard analysis techniques including, but not limited to, color index assessment, microscopic examination, petrographic analysis or rock thin sections, or chemical analysis techniques, such as X-ray fluorescence spectrometry or inductively coupled plasma analysis. (2) Bulk Sampling Methods: ARB Test Method 435, or an alternative asbestos bulk test method approved in writing by the Executive Officer of the California Air Resources Board, shall be used to determine the asbestos content of a bulk sample. For the purposes of determining compliance with this section, references in ARB Test Method 435 to "serpentine aggregate" shall mean "gravel" or other "bulk materials" to be tested for asbestos content. (3) Analysis of Air Samples: Analysis of all air samples shall follow the analytical method specified by the United States Environmental Protection Agency, Asbestos Hazard Emergency Response Act (AHERA) criteria for asbestos (40 CFR, Part 763, subpart E, Appendix A, adopted October 30, 1987), with the following exceptions: (A) The analytical sensitivity shall be 0.001 structures per cubic centimeter (0.001 s/cc); and (B) All asbestos structures with an aspect ratio greater than three to one (3 to1) shall be counted irrespective of length. (4) The results of the analysis of air samples shall be reported as transmission electron microscopy (TEM) asbestos structures per cubic centimeter (s/cc). (5) Adequately Wetted: Field determination of "adequately wetted" shall be as follows: (A) If the district-approved asbestos dust mitigation plan has specified a percent moisture content for specific materials the determination shall be as specified in the district-approved asbestos dust mitigation plan; or (B) If no moisture threshold is specified in a district-approved asbestos dust mitigation plan, a sample of at least one (1) quart in volume shall be taken from the top three (3) inches of a road, or bare area or from the surface of a stockpile. The sample shall be poured out from a height of four (4) feet onto a clean hard surface. The material shall be considered to be adequately wetted if there is no observable dust emitted when the material is dropped. (6) Surface Crusting: "Measurement of the stability of surface crusting on horizontal surfaces" shall be as follows: (A) Where a visible crust exists, drop a steel ball with a diameter of 15.9 millimeters (0.625 inches) and a mass ranging from 16 to 17 grams from a distance of 30 centimeters (one foot) directly above (at a 90 degree angle perpendicular to) the ground surface. If blowsand (thin deposits of loose grains covering less than 50 percent of the surface that have not originated from the surface being tested) is present, clear the blowsand from the surfaces to be tested before dropping the steel ball. (B) A sufficient crust is determined to exist if, when the ball is dropped according to subsection (h)(6)(A), the ball does not sink into the surface so that it is partially or fully surrounded by loose grains and, upon removing the ball, the surface on which it was dropped has not been pulverized so that loose grains are visible. (C) Drop the ball three times each in three representative test areas within a survey area measuring 1 foot by 1 foot that represents a random portion of the surface being evaluated. The test area shall be deemed to have passed if at least two of the three times the ball was dropped, the results met the criteria in subsection (h)(6)(B). If all three test areas pass, the area shall be deemed to be "sufficiently crusted". (i) Definitions. For the purposes of this section, the following definitions shall apply: (1) "Access road" means any road extending from a public thoroughfare onto the property of a construction project, quarry, or surface mining operation. (2) "Adequately wetted" means sufficiently moistened with water to minimize the release of particulate matter into the ambient air as determined by the test method(s) in subsection (h)(5). (3) "Agricultural operation" means activities necessary for the growing and harvesting of crops or raising of fowl or animals. (4) "APCO" means the executive officer, air pollution control officer, or the designee of the executive officer or air pollution control officer of any air pollution control or air quality management district created or continued in existence pursuant to Part 3 (commencing with section 40000), Division 26, Health and Safety Code. (5) "Approved asbestos bulk test method" means ARB Test Method 435 or an alternative asbestos bulk test method approved in writing by the Executive Officer of the California Air Resources Board. (6) "ARB" means the California Air Resources Board. (7) "ARB Test Method 435" means the test method specified in title 17, California Code of Regulations, section 94147. (8) "Asbestos" means asbestiforms of the following minerals: chrysotile (fibrous serpentine), crocidolite (fibrous riebeckite), amosite (fibrous cummingtonite--grunerite), fibrous tremolite, fibrous actinolite, and fibrous anthophyllite. (9) "Asbestos-containing material" means any material that has an asbestos content of 0.25 percent or greater. (10) "Asbestos Dust Mitigation Plan" means a detailed written document specifying measures that would be implemented to minimize the emissions of asbestos-laden dust. (11) "Carry-out" or "track-out" means any bulk material that adheres to and agglomerates on the exterior surfaces of motor vehicles, haul trucks, and/or equipment, including tires, and that has fallen or been deposited onto a paved public roadway. (12) "Construction," "grading," "construction or grading operation" and "construction or grading activity" mean any surface disturbance conducted with powered equipment or any related activity, including, but not limited to, all surface and subsurface cuts and fills, excavation, trenching, stockpiling, bulldozing, and landfills. (13) "District" means any air pollution control or air quality management district created or continued in existence pursuant to Part 3 (commencing with section 40000), Division 26, Health and Safety Code. (14) "Geographic ultramafic rock unit" means a geographic area that is designated as an ultramafic rock unit or ultrabasic rock unit, including the unit boundary line, on any of the maps referenced in Appendix A. (15) "Geologic evaluation" means an evaluation of a property to determine the presence of various types of rocks, including ultramafic rock, serpentinite, or other metamorphic derivatives of ultramafic rock. (16) "Gravel pad" means a layer of gravel, rock, or crushed rock which is at least one inch or larger in diameter and less than five (5) percent silt content, maintained at the point of intersection of a paved public roadway and a work site entrance to dislodge mud, dirt, and debris from tires of motor vehicles and haul trucks prior to leaving a worksite. (17) "Grizzly" means a device used to dislodge mud, dirt, and debris from the tires and undercarriage of motor vehicles and haul trucks prior to leaving the work site. (18) "HEPA filter" means a High Efficiency Particulate Air filter used to remove particles less than one (1) micron in aerodynamic diameter and operates at removal efficiencies of 99.9 percent or greater. (19) "Naturally-occurring asbestos" means asbestos that has not been processed in an asbestos mill. (20) "Owner/operator" or "person" includes, but is not limited to: (A) An individual, trust, firm, joint stock company, business concern, partnership, limited liability company, association, or corporation including, but not limited to, a government corporation; (B) Any city, county, district, commission, the state or any department, agency, or political subdivision thereof, any interstate body, and the federal government or any department or agency thereof to the extent permitted by law; or (C) A project proponent and any of its contractors or subcontractors. (21) "Paving" means creating a cover consisting of portland cement, asphalt concrete, or chip seal. (22) "Project Boundaries" means the right-of-way and any construction easements adjacent to and necessary for the purposes of a specific road construction project or maintenance activity. (23) "Property" means any real property including, but not limited to, any contiguous parcel or parcels of land and anything attached to, or erected on it. (24) "Quarrying" means the act of obtaining stone from the earth by means of cutting, digging, excavating, or blasting and includes processes used to convert the excavated material into commercial products. (25) "Registered geologist" means an individual that is currently licensed as a geologist with the State of California, Department of Consumer Affairs, Board of Geology and Geophysicists. (26) "Remote location" means any location that is at least one (1.0) mile from the location of a receptor. "Receptor" includes, but is not limited to, any hospital, school, day care center, work site, business, residence, and permanent campground. The distance to the nearest receptor is to be measured from the outermost limit of the area to be disturbed or road surface, whichever is closer. (27) "Road Construction and Maintenance" means the activities undertaken to build roads, highways, railroads, bridges, culverts, drains and other works incidental to road or highway construction, and maintenance activities that involve grading or excavation. Road Construction and Maintenance does not include the construction of rest stops, maintenance buildings, or parking lots. These excluded activities are subject to the requirements of subsection (e). (28) "Road surface" means the traveled way of a road and any shoulder which may extend up ten (10) feet from the edge of the traveled way. (29) "Sand and Gravel Operation" means any facility operating in alluvial deposits. (30) "Serpentine" means any form of the following hydrous magnesium silicate minerals: antigorite, lizardite, and chrysotile. (31) "Serpentinite" means a rock consisting almost entirely of serpentine, although small amounts of other minerals such as magnetite, chromite, talc, brucite, and tremolite-actinolite may also be present. "Serpentinite" is a metamorphic derivative of the ultramafic rocks, peridotite, pyroxenite, or dunite. (32) "Surface mining" means all, or any part of, the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposit, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine. "Surface mining" includes, but is not limited to, in place distillation or retorting or leaching, the production and disposal of mining waste, prospecting and exploratory activities or any activity subject to regulation under the Surface Mining and Reclamation Act of 1975, Public Resources Code section 2700 et seq. (33) "Ultrabasic rock" means ultramafic rock. (34) "Ultramafic rock" means an igneous rock composed of 90 percent or greater of one or a combination of the following iron/magnesium-rich, dark-colored silicate minerals: olivine, pyroxene, or more rarely amphibole. For the purposes of this section, "ultramafic rock" includes the following rock types: dunite, pyroxenite, and peridotite; and their metamorphic derivatives. (35) "Visible emissions" means any particulate matter that is visually detectable without the aid of instruments other than corrective lenses. Note: Authority cited: Sections 39600, 39601, 39650, 39658, 39659, 39666 and 41511, Health and Safety Code. Reference: Sections 39650, 39658, 39659, 39666 and 41511, Health and Safety Code. Appendix A California Department of Conservation Division of Mines and Geology AVAILABLE GEOLOGIC MAPS FOR CALIFORNIA GEOLOGIC ATLASES OF CALIFORNIA Scale 1:250,000 GEOLOGIC ATLAS OF CALIFORNIA: ALTURAS Compiled by Gay, T.E. and others, 1958 GEOLOGIC ATLAS OF CALIFORNIA: BAKERSFIELD Compiled by Smith, A.R., 1964 (reprinted 1992) GEOLOGIC ATLAS OF CALIFORNIA: DEATH VALLEY Compiled by Streitz, R.L. and Stinson, M.C., 1974 (reprinted 1991) GEOLOGIC ATLAS OF CALIFORNIA: FRESNO Compiled by Matthews, R.A. and Burnett, J.L., 1965 (reprinted 1991) GEOLOGIC ATLAS OF CALIFORNIA: KINGMAN Compiled by Jennings, C.W., 1961 GEOLOGIC ATLAS OF CALIFORNIA: LONG BEACH Compiled by Jennings, C.W., 1962 (reprinted 1992) GEOLOGIC ATLAS OF CALIFORNIA: LOS ANGELES Compiled by Jennings, C.W. and Strand, R.G., 1969 (reprinted 1991) GEOLOGIC ATLAS OF CALIFORNIA: MARIPOSA Compiled by Strand, R.G., 1967 (reprinted 1991) GEOLOGIC ATLAS OF CALIFORNIA: NEEDLES Compiled by Bishop, C.C., 1963 (reprinted 1992) GEOLOGIC ATLAS OF CALIFORNIA: REDDING Compiled by Strand, R.G., 1962 GEOLOGIC ATLAS OF CALIFORNIA: SALTON SEA Compiled by Jennings, C.W., 1967 (reprinted 1992) GEOLOGIC ATLAS OF CALIFORNIA: SAN LUIS OBISPO Compiled by Jennings, C.W., 1958 (reprinted 1992) GEOLOGIC ATLAS OF CALIFORNIA: SAN DIEGO - EL CENTRO Compiled by Strand, R.G., 1962 (reprinted 1992) GEOLOGIC ATLAS OF CALIFORNIA: SANTA ANA Compiled by Rogers, T.H., (reprinted 1992) GEOLOGIC ATLAS OF CALIFORNIA: SANTA CRUZ Compiled by Jennings, C.W. and Strand, R.G., 1958 (reprinted 1992) GEOLOGIC ATLAS OF CALIFORNIA: SANTA MARIA Compiled by Jennings, C.W., 1959 (reprinted 1992) GEOLOGIC ATLAS OF CALIFORNIA: TRONA Compiled by Jennings, C.W., 1962 GEOLOGIC ATLAS OF CALIFORNIA: UKIAH Compiled by Jennings, C.W. and Strand, R.G., 1960 (reprinted 1992) GEOLOGIC ATLAS OF CALIFORNIA: WALKER LAKE Compiled by Koenig, J.B., 1963 (reprinted 1992) GEOLOGIC ATLAS OF CALIFORNIA: WESTWOOD Compiled by Lyndon, P.A. and others, 1960 REGIONAL GEOLOGIC MAP SERIES Scale 1:250,000 GEOLOGIC MAP OF THE CHICO QUADRANGLE (set of five sheets) By Saucedo, G.J. and Wagner, D.L., 1992 GEOLOGIC MAP OF THE SACRAMENTO QUADRANGLE (set of four sheets) Compiled by Wagner, D.L. and others, 1981 GEOLOGIC MAP OF THE SANTA ROSA QUADRANGLE (set of five sheets) Compiled by Wagner, D.L. and Bortugno, E.J. (reprinted 1999) GEOLOGIC MAP OF THE SAN BERNARDINO QUADRANGLE (set of five sheets) Compiled by Bortugno, E.J. and Spittler, T.E. (reprinted 1998) GEOLOGIC MAP OF THE WEED QUADRANGLE (set of four sheets) By Wagner, D.L. and Saucedo, G.J., 1987 GEOLOGIC MAP OF THE SAN FRANCISCO-SAN JOSE QUADRANGLE (set of five sheets) By Wagner, D.L., Bortugno, E.J. and McJunkin, R.D., 1990 Color-coded faults LOCAL GEOLOGIC MAPS AREAS MORE LIKELY TO CONTAIN NATURALLY-OCCURRING ASBESTOS IN WESTERN EL DORADO COUNTY, CALIFORNIA By Ron Churchill, March 2000 Scale 1:100,000 SERPINTINITE SURVEY OF LAKE COUNTY, CALIFORNIA - MAP A, ULTRAMAFIC, ULTRABASIC, AND SERPENTINE ROCK AND SOILS OF LAKE COUNTY, Adopted: March 2, 1992 Scale: 1:100,000 s 93106. Asbestos Airborne Toxic Control Measure for Surfacing Applications. (a) Effective Date. No later than November 13, 2001, each air pollution control and air quality management district must: (1) Implement and enforce the requirements of this section, or (2) Propose their own asbestos airborne toxic control measure as provided in Health and Safety Code section 39666(d). (b) Applicability. This section shall apply to any person who produces, sells, supplies, offers for sale or supply, uses, applies, or transports any of the following materials: (1) Aggregate material extracted from property where any portion of the property is located in a geographic ultramafic rock unit (as defined in subsection (i)(9)); or (2) Aggregate material extracted from property that is NOT located in a geographic ultramafic rock unit (as defined in subsection (i)(9)) if the material has been: (A) Evaluated at the request of the Air Pollution Control Officer (APCO) and determined to be ultramafic rock or serpentine; (B) Tested at the request of the APCO and determined to have an asbestos content of 0.25 percent or greater, as determined using an approved asbestos bulk test method; or (C) Determined by the owner/operator of a facility to be ultramafic rock, or serpentine, or material that has an asbestos content of 0.25 percent or greater. (3) Any mixture of aggregate material that contains ten percent (10%) or more of any of the materials listed above in subsection (b)(1) or (b)(2). (c) Prohibition On the Use, Sale, and Supply of Restricted Aggregate Material. Unless one of the exemptions in subsection (f) applies, no person shall use, apply, sell, supply, or offer for sale or supply any restricted material (as defined in subdivision (i)(20)) for surfacing, unless it has been tested using an approved asbestos bulk test method and determined to have an asbestos content that is less than 0.25 percent. (d) Requirements to Provide Notice with Restricted Material. (1) Requirements for Producers of Restricted Material for Surfacing Applications: Any producer who sells, supplies, or offers for sale or supply restricted material for surfacing that has been tested using an approved asbestos bulk test method and determined to have an asbestos content that is less than 0.25 percent must provide to the recipient of the restricted material a written receipt that contains the following information: (A) The amount of restricted material that was sold or supplied; (B) The date that the restricted material was sold or supplied; (C) The dates that the restricted material was sampled and tested, or verification that the material is exempt under subsection (f)(7); and (D) A statement that the asbestos content of the restricted material is less than 0.25 percent. (2) Requirements for Persons - Other than Producers - Who Sell or Supply Restricted Material for Surfacing Applications: Any person, other than a producer, who sells, supplies, or offers for sale or supply restricted material for surfacing must provide to the recipient of the material a written receipt which specifies the following information: (A) The amount of restricted material that was sold or supplied; (B) The date that the restricted material was sold or supplied; and (C) A statement that the asbestos content of the restricted material is less than 0.25 percent. (3) Requirements for the Sale or Supply of Restricted Materials for Non-Surfacing Applications: Any person who sells, supplies, or offers for sale or supply restricted material for non-surfacing applications must provide with each sale or supply a written receipt containing the following statement: "WARNING! This material may contain asbestos. It is unlawful to use this material for surfacing or any application in which it would remain exposed and subject to possible disturbances. Extreme care should be taken when handling this material to minimize the generation of dust." (e) Recordkeeping and Reporting Requirements. (1) Recordkeeping Requirements for Persons Who Use Restricted Material for Surfacing: Any person who uses or applies restricted material for surfacing must retain any written receipt or other record verifying that the material has an asbestos content of less than 0.25 percent for a minimum period of seven years from the date of use or application. (2) Recordkeeping Requirements for Persons Who Transport Restricted Material: Any person who transports restricted material must maintain a copy of all receipts or records required by subsection (d) with the material at all times during transit and application. (3) Recordkeeping Requirements for Persons Who Sell or Supply Restricted Material: Any person who sells, supplies, or offers restricted material for sale or supply must retain copies of all receipts or records required by subsection (d) for a minimum period of seven years from the date of sale or supply. (4) Reporting Requirements for Persons Who Use, Sell, or Supply Restricted Material: Any person who uses restricted material for surfacing, sells, supplies, or offers restricted material for sale or supply must provide receipts and test results to the APCO for review upon request. (f) Exemptions. (1) Sand and Gravel Operations: The requirements of subsections (c), (d), and (e) shall not apply to aggregate material extracted from a sand and gravel operation. A "sand and gravel operation" means any aggregate-producing facility operating in alluvial deposits. (2) Roads Located at Quarries or Mines: The requirements of subsection (c) shall not apply to roads at quarries or mines that are located in a geographic ultramafic rock unit, an ultramafic rock deposit, or a serpentine deposit, provided that the aggregate material was obtained on site from the quarry or mine property. (3) Maintenance Operations on Existing Roads: The requirements of subsections (c), (d), and (e) shall not apply to maintenance operations on any existing road surface if no additional restricted material is applied to the road surface. (4) Emergency Road Repairs: The APCO may issue a temporary exemption from the requirements of subsections (c), (d), and (e) to an applicant who demonstrates that a road repair is necessary due to a landslide, flood, or other emergency, and that the use of aggregate material other than restricted material is not feasible for this repair. The APCO shall specify the time during which such exemption shall be effective; however, no exemption shall remain in effect longer than 90 days. (5) Asphalt and Concrete Materials: The requirements of subsections (c), (d), and (e) shall not apply to restricted material that is an integral part of the production of asphalt concrete, portland cement concrete or other similarly cemented materials; or construction of an asphalt or a portland cement concrete surface as long as all of the restricted material is incorporated into or completely covered by the asphalt or portland cement concrete. (6) Landfill Operations: The use and application requirements of subsection (c) shall not apply to landfill operations, except for the surfacing of public-access roads used by vehicular traffic. (7) Geologic Evaluation: The APCO may provide an exemption from subsections (c), (d), and (e) for aggregate material extracted from within a geographic ultramafic rock unit if a registered geologist has conducted a geologic evaluation of the property from which the aggregate material is obtained and determined that serpentine or ultramafic rock is not likely to be found on the property. Before an exemption can be granted, the owner/operator must provide a copy of a report detailing the geologic evaluation to the APCO for his or her consideration. (A) At a minimum, the geologic evaluation must include: 1. A general description of the property and the proposed use; 2. A detailed site characterization, which may include: i. A physical site inspection; ii. Offsite geologic evaluation of adjacent property; iii. Evaluation of existing geological maps and studies of the site and surrounding area; iv. Development of geologic maps of the site and vicinity; v. Identification and description of geologic units, rock and soil types, and features that could be related to the presence of ultramafic rocks, serpentine, or asbestos mineralization; vi. A subsurface investigation to evaluate the nature and extent of geologic materials in the subsurface where extensive vertical excavation is planned; methods of subsurface investigation may include, but are not limited to borings, test pits, trenching, and geophysical surveys; 3. A classification of rock types found must conform to the nomenclature based on the International Union of Geological Science system; 4. A description of the sampling procedures used; 5. A description of the analytical procedures used, which may include mineralogical analyses, petrographic analyses, chemical analyses, or analyses for asbestos content; 6. An archive of collected rock samples for third party examination; and 7. A geologic evaluation report documenting observations, methods, data, and findings; the format and content of the report should follow the Guidelines for Engineering Geologic Reports issued by the State Board of Registration for Geologists and Geophysicists. (B) The APCO shall respond to a request for an exemption within 90 days of the receipt of the application. (C) If the request for an exemption is denied, the APCO shall provide written reasons for the denial. (D) Expiration of the Geologic Exemption: If the owner/operator discovers any ultramafic rock or serpentine on the property after the exemption is granted, then: 1. The owner/operator must comply with the requirements of subsections (c), (d), and (e) immediately following the discovery; and 2. The owner/operator must report the discovery of ultramafic rock or serpentine to the APCO within 24 hours; and 3. The exemption under subsection (f)(7) shall expire and cease to be effective. (8) Limited Access Surfaces: The APCO may provide an exemption from the requirements of subsection (c) for the use of restricted material on limited access surfaces, if the owner/operator can demonstrate that: (A) No alternative aggregate materials are reasonably available; and (B) The surface is not located in an area zoned or identified in a land use plan for residential, recreational, or commercial use. (C) The APCO shall respond to a request for an exemption within 90 days of the receipt of the application. (D) If the request for an exemption is denied, the APCO shall provide written reasons for the denial. "Limited access surface" means any surface not subject to vehicular travel or pedestrian access that has an incline of twenty (20) percent or greater. (9) Surfacing Applications in Remote Locations: (A) The APCO may provide an exemption from the requirements of subsection (c) if the owner/operator can demonstrate that: 1. The surface is located in a remote location (as defined in subsection (i)(19)); and 2. No alternative aggregate materials are reasonably available; and 3. All aggregate material used for surfacing has been tested according to an approved asbestos bulk test method and determined to have an asbestos content of one (1.0) percent or less; except that the APCO may allow the use of restricted material with an asbestos content up to five (5.0) percent if the owner/operator can demonstrate that restricted material with an asbestos content of one (1.0) percent or less is not reasonably available. (B) Before providing this exemption, the APCO shall: 1. Consider the following information: county land use plans, the current use of the surrounding land, and the current and anticipated zoning designations; 2. Provide public notice and solicit comments for a 30-day period; 3. Require that any surface exempted pursuant to this subsection be posted with a permanent sign alerting the public to potential asbestos exposures; and 4. Require that any exemption shall be valid for no longer than three years; but if the owner/operator cannot demonstrate that all the criteria listed in subdivision (f)(9)(A) are met at the time of reapplication, the exemption shall not be renewed. (C) The APCO may grant an exemption when the distance from the road or other surface to the nearest receptor is less than one mile if ALL of the following criteria are met: 1. The criteria listed above in subsections (f)(9)(A)2. and 3., and subsection (f)(9)(B) must be met: 2. Any receptor located within one mile from the road or other surface must NOT be any of the following: i. A permanent resident (i.e., a person that resides at the receptor point for six months or more in a year), or ii. A permanent business (i.e., business that operates at the receptor point for six months or more in a year), or iii. A school or daycare center; 3. The road or other surface must be located on private property; 4. The entrance points to the road or other surface from any public thoroughfare must be gated and posted with a sign as required in subsection (f)(9)(B)3.; 5. The applicant for the exemption must provide to the APCO an estimate of the average traffic volume on the road or other surface and the methodology used to make the estimate; and 6. Whenever the traffic volume exceeds or is anticipated to exceed 20 vehicle passes per day, the owner/operator must; i. Treat the road or other surface with a dust control method that is at least 70 percent effective; and ii. Maintain records of the application and type of the dust control method for a minimum period of seven years; and iii. Provide the records of the applications of the dust control method to the APCO upon request. (D) The APCO shall respond to any application for an exemption within 90 days of the receipt of the application. (E) If the request for an exemption is denied, the APCO shall provide written reasons for the denial. (10) Roads Located at Construction Sites: The requirements of subsections (c), (d), and (e) shall not apply to restricted material used for the construction of temporary road surfaces located at on-going construction sites where vehicle traffic is limited to construction personnel and equipment. This exemption does not apply to the use of restricted material for temporary roads for public use. (11) Riprap: The requirements of subsection (c) (d), and (e) shall not apply to restricted material used for riprap. "Riprap" means the material used to construct a loose assemblage of stones along a water course or shoreline to prevent erosion or provide stability. (g) Requirements to Perform a Geologic Evaluation or Asbestos Testing. Pursuant to the requirements of Health and Safety Code section 41511, the APCO or the Executive Officer of the ARB may require an owner/operator to perform: (1) A geologic evaluation for the presence of ultramafic rock or serpentine on any property from which aggregate material is extracted; or (2) Testing for the asbestos content of any aggregate material sold, supplied, offered for sale or supply, or used for surfacing. (h) Applicable Test Methods. (1) Ultramafic Rock: The ultramafic rock composition of any material shall be determined using a standard analysis technique including, but not limited to, color index assessment, microscopic examination, petrographic analysis or rock thin sections, or chemical analysis techniques, such as X-ray fluorescence spectrometry or inductively coupled plasma analysis. (2) Asbestos Testing: ARB Test Method 435 or an alternative asbestos bulk test method approved in writing by the Executive Officer of the Air Resources Board shall be used to determine compliance with this section. For the purposes of determining compliance with this section, references in ARB Test Method 435 to "serpentine aggregate" shall mean "aggregate material." (3) Averaging of Test Results: If ARB Test Method 435 or an alternative approved asbestos bulk test method has been used to perform two or more tests on any one volume of aggregate material, whether by the same or a different person, the arithmetic average of these test results shall be used to determine the asbestos content of the aggregate material. (4) Sampling Frequency: For the purposes of this section, the sampling frequency required for determining the asbestos content of any aggregate material shall be no less than one composite sample per 1000 tons of aggregate material processed, as specified in ARB Test Method 435, unless the APCO approves an alternative sampling frequency as follows: (A) The APCO may approve an alternative sampling frequency after reviewing and verifying the authenticity of the following information, which shall be provided by the owner/operator of the quarry: 1. An established history of analytical test results demonstrating that no aggregate material sampled and tested in accordance with an approved asbestos bulk test method had an asbestos content that was 0.25 percent or greater; 2. The established history of analytical test results must include: i. Test results from ten percent of the expected total yield over the life of the quarry, as stated in any permit issued pursuant to the California Surface Mining and Reclamation Act, Public Resources Code, Division 2, Chapter 9, Section 2710 et seq.; or ii. Test results that cover at least two years of production of surfacing material; this production amount must be verified with sales receipts and testing results as required in subsection (e)(3); 3. A geologic evaluation of the quarry that has been conducted in accordance with the provisions in subsection (f)(7); 4. Any permits issued pursuant to the California Surface Mining and Reclamation Act, Public Resources Code, Division 2, Chapter 9, Section 2710 et seq.; 5. Sales receipts retained by the quarry pursuant to subsections (d) and (e)(3). (B) The APCO shall not approve any alternate sampling frequency that requires less than one test per 100,000 tons of aggregate material processed for surfacing. (C) If any of the aggregate material tested is determined to have an asbestos content of 0.25 percent or greater using an alternative sampling frequency approved by the APCO, the owner/operator must: 1. Resume the sampling frequency specified in ARB Test Method 435 immediately after receiving the test results; and 2. Report the detection of asbestos and provide a copy of the analytical test results to the APCO within 48 hours after receiving the test results. (i) Definitions. For the purposes of this section, the following definitions shall apply: (1) "Aggregate" means a mixture of mineral fragments, sand, gravel, cobbles, rocks, stones, or similar minerals that may or may not be crushed or screened. "Aggregate" does not include elemental metals, gemstones, petroleum products, organic materials, or mineral ore to be processed offsite of the property from which it was extracted. (2) "Alluvial deposit" means any deposit of sediments laid down by running water including, but not limited to, streams and rivers. (3) "APCO" means the executive officer, air pollution control officer; or the designee of the executive officer or air pollution control officer of any air pollution control or air quality management district created or continued in existence pursuant to Part 3 (commencing with section 40000), Division 26, Health and Safety Code; (4) "Approved asbestos bulk test method" means ARB Test Method 435 or an alternative asbestos bulk test method approved in writing by the Executive Officer of the Air Resources Board. (5) "ARB" means the California Air Resources Board. (6) "ARB Test Method 435" means the test method specified in title 17, California Code of Regulations, section 94147. (7) "Asbestos" means asbestiforms of the following minerals: chrysotile (fibrous serpentine), crocidolite (fibrous riebeckite), amosite (fibrous cummingtonite--grunerite), fibrous tremolite, fibrous actinolite, and fibrous anthophyllite. (8) "Decoration/landscaping" means the application or use of aggregate materials for aesthetic purposes. (9) "Geographic ultramafic rock unit" means a geographic area that is designated as an ultramafic rock unit or ultrabasic rock unit, including the unit boundary line, on any of the maps referenced in Appendix A. (10) "Geologic evaluation" means an evaluation of a property, as specified in subsection (f)(7), to determine the presence of various rock types, including ultramafic rock, serpentinite, or other metamorphic derivatives of ultramafic rock. (11) "Limited access surface" means any surface not subject to vehicular travel or pedestrian access that has an incline greater than twenty (20) percent. (12) "Non-surfacing applications" means any application of aggregate material that will not remain a part of the uppermost layer, such as fill, base rock, or drain rock. (13) "Owner/operator" or "person" includes, but is not limited to: (A) An individual, trust, firm, joint stock company, business concern, partnership, limited liability company, association, or corporation including, but not limited to, a government corporation; (B) Any city, county, district, commission, the state or any department, agency, or political subdivision thereof, any interstate body, and the federal government or any department or agency thereof to the extent permitted by law; or (C) A project proponent and any of its contractors or subcontractors. (14) "Producer" means any person that extracts and processes aggregate material from the ground. (15) "Property" means any real property including, but not limited to, any contiguous parcel or parcels of land and anything attached to, or erected on it. (16) "Quarry" means a facility or operation that obtains stone from the earth by means of cutting, digging, excavating, or blasting. (17) "Receipt" means any written acknowledgement that a specified amount of restricted material was received, delivered, or purchased. Receipts include, but are not limited to, bills of sale, bills of lading, and notices of transfer. (18) "Registered geologist" means an individual that is currently licensed as a geologist with the State of California, Department of Consumer Affairs, Board of Geology and Geophysicists. (19) "Remote location" means any location that is at least one (1.0) mile from the location of a receptor. "Receptor" includes, but is not limited to, any hospital, school, day care center, work site, business, residence, and permanent campground. The distance to the nearest receptor is to be measured from the outermost limit of the area to be disturbed or road surface, whichever is closer. (20) "Restricted material" means any of the following: (A) Aggregate material extracted from property where any portion of the property is located in a geographic ultramafic rock unit (as defined in subsection (i)(9)); and (B) Aggregate material extracted from property that is NOT located in a geographic ultramafic rock unit (as defined in subsection (i)(9)) if the material has been: 1. Evaluated at the request of the Air Pollution Control Officer (APCO) and determined to be ultramafic rock or serpentine; 2. Tested at the request of the APCO and determined to have an asbestos content of 0.25 percent or greater; or 3. Determined by the owner/operator of a facility to be ultramafic rock, serpentine, or aggregate material that has an asbestos content of 0.25 percent or greater. (C) Any mixture of aggregate material that contains ten percent (10%) or more of any of the materials listed above in subsections (i)(20)(A) or (i)(20)(B), or any combination thereof, shall also be considered "restricted material." (21) "Riprap" means material used to construct a loose assemblage of stones along a water course or shoreline to prevent erosion or provide stability. (22) "Road surface" means the traveled way of a road and any shoulder which extends up to ten (10) feet from the edge of the traveled way. (23) "Sand and gravel operation" means any aggregate-producing facility operating in alluvial deposits. (24) "Serpentine" means any form of the following hydrous magnesium silicate minerals: antigorite, lizardite, and chrysotile. (25) "Serpentinite" means a rock consisting almost entirely of serpentine, although small amounts of other minerals such as magnetite, chromite, talc, brucite, and tremolite-actinolite may also be present. "Serpentinite" is a metamorphic derivative of the ultramafic rocks, peridotite, pyroxenite, or dunite. (26) "Surfacing" means the act of providing or creating a temporary or permanent covering for a surface used for pedestrians, motor vehicles, non-motor vehicles, decoration, landscaping, soil stabilization, or erosion control. Examples of surfaces include, but are not limited to, roads, road shoulders, streets, access roads, alleys, lanes, driveways, parking lots, playgrounds, trails, squares, plazas, and fairgrounds. For the purposes of this section, "surfacing" does not include creating a covering composed of asphalt concrete or portland cement concrete. (27) "Ultrabasic rock" means ultramafic rock. (28) "Ultramafic rock" means an igneous rock composed of 90 percent or greater of one or a combination of the following iron/magnesium-rich, dark-colored silicate minerals: olivine, pyroxene, or more rarely amphibole. For the purposes of this section, "ultramafic rock" includes the following rock types: dunite, pyroxenite, and peridotite; and their metamorphic derivatives. Note: Authority cited: Sections 39600, 39601, 39650 and 39666, Health and Safety Code. Reference: Sections 39650 and 39666, Health and Safety Code. Appendix A California Department of Conservation Division of Mines and Geology AVAILABLE GEOLOGIC MAPS FOR CALIFORNIA GEOLOGIC ATLASES OF CALIFORNIA Scale 1:250,000 GEOLOGIC ATLAS OF CALIFORNIA: ALTURAS Compiled by Gay, T.E. and others, 1958 GEOLOGIC ATLAS OF CALIFORNIA: BAKERSFIELD Compiled by Smith, A.R., 1964 (reprinted 1992) GEOLOGIC ATLAS OF CALIFORNIA: DEATH VALLEY Compiled by Streitz, R.L. and Stinson, M.C., 1974 (reprinted 1991) GEOLOGIC ATLAS OF CALIFORNIA: FRESNO Compiled by Matthews, R.A. and Burnett, J.L, 1965 (reprinted 1991) GEOLOGIC ATLAS OF CALIFORNIA: LONG BEACH Compiled by Jennings, C.W., 1962 (reprinted 1992) GEOLOGIC ATLAS OF CALIFORNIA: LOS ANGELES Compiled by Jennings, C.W. and Strand, R.G., 1969 (reprinted 1991) GEOLOGIC ATLAS OF CALIFORNIA: MARIPOSA Compiled by Strand, R.G., 1967 (reprinted 1991) GEOLOGIC ATLAS OF CALIFORNIA: NEEDLES Compiled by Bishop, C.C., 1963 (reprinted 1992) GEOLOGIC ATLAS OF CALIFORNIA: REDDING Compiled by Strand, R.G., 1962 GEOLOGIC ATLAS OF CALIFORNIA: SALTON SEA Compiled by Jennings, C.W., 1967 (reprinted 1992) GEOLOGIC ATLAS OF CALIFORNIA: SAN LUIS OBISPO Compiled by Jennings, C.W., 1958 (reprinted 1992) GEOLOGIC ATLAS OF CALIFORNIA: SAN DIEGO - EL CENTRO Compiled by Strand, R.G., 1962 (reprinted 1992) GEOLOGIC ATLAS OF CALIFORNIA: SANTA ANA Compiled by Rogers, T.H., (reprinted 1992) GEOLOGIC ATLAS OF CALIFORNIA: SANTA CRUZ Compiled by Jennings, C.W. and Strand, R.G., 1958 (reprinted 1992) GEOLOGIC ATLAS OF CALIFORNIA: SANTA MARIA Compiled by Jennings, C.W., 1959 (reprinted 1992) GEOLOGIC ATLAS OF CALIFORNIA: UKIAH Compiled by Jennings, C.W. and Strand, R.G., 1960 (reprinted 1992) GEOLOGIC ATLAS OF CALIFORNIA: WALKER LAKE Compiled by Koenig, J.B., 1963 (reprinted 1992) REGIONAL GEOLOGIC MAP SERIES Scale 1:250,000 GEOLOGIC MAP OF THE SACRAMENTO QUADRANGLE (set of four sheets) Compiled by Wagner, D.L. and others, 1981 GEOLOGIC MAP OF THE SANTA ROSA QUADRANGLE (set of five sheets) Compiled by Wagner and D.L., Bortugno, E.J. (reprinted 1999) GEOLOGIC MAP OF THE SAN BERNARDINO QUADRANGLE (set of five sheets) Compiled by Bortugno, E.J., and Spittler, T.E. (reprinted 1998) GEOLOGIC MAP OF THE WEED QUADRANGLE (set of four sheets) By Wagner, D.L. and Saucedo, G.J., 1987 GEOLOGIC MAP OF THE SAN FRANCISCO-SAN JOSE QUADRANGLE (set of five sheets) By Wagner, D.L., Bortugno, E.J. and McJunkin, R.D., 1990 Color-coded faults LOCAL GEOLOGIC MAPS AREAS MORE LIKELY TO CONTAIN NATURALLY-OCCURRING ASBESTOS IN WESTERN EL DORADO COUNTY, CALIFORNIA By Ron Churchill, March 2000 Scale 1:100,000 SERPINTINITE SURVEY OF LAKE COUNTY, CALIFORNIA - MAP A, ULTRAMAFIC, ULTRABASIC, AND SERPENTINE ROCK AND SOILS OF LAKE COUNTY, Adopted: March 2, 1992 Scale: 1:100,000 s 93107. Airborne Toxic Control Measure for Emissions of Toxic Metals from Non-Ferrous Metal Melting. (a) Definitions. For the purposes of this section, the following definitions shall apply: (1) "Aluminum and aluminum-based alloys" means any metal that is at least 80% aluminum by weight. (2) "ARB Test Method 5" means the test method specified in Title 17, California Code of Regulations, section 94105. (3) "Clean Aluminum Scrap" means scrap that is composed solely of aluminum or aluminum alloys (including anodized aluminum) and that is free of paints, coatings, rubber, or plastics. (4) "Copper or copper-based alloy" means any metal that is more than 50 percent copper by weight, including but not limited to brass and bronze. (5) "District" means the air quality management district or air pollution control district with jurisdiction over the facility. (6) "Dust forming material" means any material containing more than 15 percent by weight of particulate matter less than 0.84 millimeter (mm) equivalent diameter as determined by ASTM C136-84a "Standard Method for Sieve Analysis of Fine and Coarse Aggregates" using a number 20 U.S. Bureau of Standards sieve with 0.84-mm square openings or an alternate method deemed acceptable by the district Air Pollution Control Officer or Executive Officer. (7) "Emission collection system" means equipment which is installed for the purpose of directing, taking in, confining, and conveying an air contaminant and which conforms to specifications for design and operation given in Industrial Ventilation, Manual of Recommended Practices, 20th edition, 1988, published by the American Conference of Government and Industrial Hygienists, which is incorporated by reference herein. (8) "Emission point" means any location where molten metal is or can be exposed to air, including but not limited to, furnaces, crucibles, refining kettles, ladles, tap holes, pouring spouts, and slag channels. A mold or die in which metal is cooling is not considered an emission point. (9) "Enclosed storage area" means nay space used to contain materials that has a wall or partition on at least three sides or three-quarters of its circumference and that screens the material stored therein to prevent emissions of the material to the air. (10) "Facility" means any real or personal property being used for metal melting activities, which is located on one or more contiguous or adjacent parcels of property in actual contact or separated only by a public roadway or other public right-of-way, and owned or operated by the same person or persons, corporation, government agency, public district, public officer, association, joint venture, partnership, or any combination of such entities. (11) "Fugitive emission control" means any equipment, activity, or process carried out to reduce emissions resulting either from the storage or handling of dust forming materials or material collected by a particulate matter control system or the removal of particulate matter from metal melting or pouring that has settled on the ground or other surfaces, or that has escaped from a properly designed and operated emission collection system. (12) "Good Operating Practice" means specific activities necessary to maintain the original collection and control efficiencies of the air pollution control equipment as designed. These activities include but are not limited to verifying operating specifications such as cleaning cycles, air flow, and velocity; and inspecting equipment such as duct work, blowers, and components of the control equipment through a general maintenance and inspection program. (13) "Hard Lead" means any alloy containing at least 90 percent lead and more than 0.001 percent arsenic by weight or 0.001 percent cadmium weight. (14) "Molten metal" means metal or metal alloy in a liquid state, in which a cohesive mass of metal will flow under atmospheric pressure and take the shape of a container in which it is placed. (15) "Metal melting furnace" means any apparatus in which metal in a container is brought to a liquid state, including but not limited to reverberatory, cupola, induction, direct arc furnaces, sweat furnaces, and refining kettles. "Metal melting furnace" does not include any apparatus in which the metal is heated but does not reach a molten state such as a sintering furnace or an annealing furnace. (16) "New sand" means any sand not exposed to the casting process. (17) "Non-ferrous metal" means lead, copper, zinc, cadmium, arsenic, aluminum, and their alloys. (18) "Particulate matter" or "PM" means any solid material except uncombined water, which exists in a finely divided form at standard conditions of temperature and pressure (293 K and 760 mm mercury). (19) "Particulate matter control system" means any device or series of devices designed and operated in a manner intended to remove fine particulate matter (< 10 um) from an air or gas stream. (20) "Person" shall have the same meaning as defined in Health and Safety Code section 39047. (21) "Process emission control" means any equipment installed and operated to control emissions of toxic metals from any emission point as defined in subsection (a)(8). (22) "Pure Lead" means any alloy that is at least 90 percent lead and contains no more than 0.001 percent cadmium by weight and 0.001 percent arsenic by weight. (23) "Ringlemann Chart" means the Ringlemann Chart published in the United States Review of Mine Information Circular No. 1C8333, (May 1967), as specified in Health and Safety Code section 41701(b). (24) "Scrap" means any metal or metal-containing material that has been discarded or removed from the use for which it was produced or manufactured and which is intended for reprocessing. "Scrap" does not include sprues, gates, risers, foundry returns, and similar material intended for remelting that has been generated at the facility as a consequence of casting or forming processes but has not been coated or surfaced with any material containing cadmium, arsenic, or nickel. (25) "Solder" means any metal in which the sum of the lead and the tin is greater than 50 percent by weight and which is used for the purpose of joining two metals or of joining a metal to any other material. (26) "Type Metal" means any lead-based alloy used for linotype machines. (b) Requirements No person shall operate a non-ferrous metal melting furnace unless the facility is in compliance with all the requirements specified in subsections (b)(1) through (b)(3). (1) Emission Collection System (A) All emission points shall be equipped with an emission collection system designed and operated according to criteria specified in subsection (a)(7). The design criteria and operating parameters shall be specified as conditions of the authority to construct and the permit to operate granted by the district to the source for the equipment. (B) Good operating practices shall be used by the facility, and demonstrated through a maintenance plan or procedures approved by the district, to maintain air movement and emission collection efficiency by the system consistent with the design criteria for the system. The maintenance plan shall specify at a minimum the following: (i) Maximum allowable variation from designed values of operating parameters, such as air velocity in the hood and ducts and pressure drop across the control device. (ii) Areas to be visually inspected such as the clean side of the baghouse and ducts operating under positive pressure, and the required frequency of such inspections. (iii) Methods of documenting compliance with these requirements such as a log of such inspections and records of observations and measurements. (2) Process Emission Control The gas stream from the emission collection system required by subsection (b)(1) shall be ducted to a particulate matter control device meeting the requirements of this section. (A) The particulate matter control device shall reduce particulate matter emissions by 99 percent or more. (B) The temperature of the gas stream entering any particulate matter control device that is part of an emission collection system shall not exceed 360 degrees F. A device to be used for making this measurement shall be maintained at the facility and shall be made available to a district representative upon his or her request. (C) The owner or operator of the facility shall demonstrate compliance with subsection (b)(2)(A), by conducting an initial source test to verify the 99 percent reduction in particulate matter as determined by means of an emissions test conducted in accordance with ARB Test Method 5. The district Air Pollution Control Officer or Executive Officer may require additional source testing to verify continued compliance or when the process is changed. Particulate matter reduction shall be calculated using the following equation: ( Mass in - Mass out ) X 100 = particulate matter ( ------------------ ) ( Mass in ) reduction where: Mass in = Mass of particulate matter at the inlet to the control device Mass out = Mass of particulate matter at the outlet of the control device Mass = Sum of filter catch, probe catch, impinger catch, and solvent extract. (D) Testing Access The owner or operator of any facility subject to subsection (b)(2) of this regulation shall provide access and sampling ports sufficient to perform testing in accordance with ARB Testing Method 5. Ducts and stacks shall have sampling ports so placed as to satisfy minimum requirement for method 5 testing with regard to flow disturbances, or acceptable alternative requirements as approved by the Air Pollution Control Officer or Executive Officer of the district. (3) Fugitive Emission Control (A) No activity associated with metal melting at a facility including furnace operation, casting, emission control system operation, and the storage, handling, or transfer of any materials (except new sand) shall discharge into the air any air contaminant, other than uncombined water vapor, for a period aggregating more than three minutes in any one hour which is: (i) Half as dark or darker in shade as that designated as Number 1 on the Ringlemann Chart, as published by the United States Bureau of Mines, or (ii) Of such opacity as to obscure an observer's view to a degree equal to or greater than smoke as described in subsection (b)(3)(A)(i) or 10% opacity. (B) Dust-forming material including, but not limited to, dross, ash, or feed material shall be stored in an enclosed storage area or stored in a manner which meets the requirements of subsection (b)(3)(A). (C) Material collected by a particulate matter control system shall be discharged into closed containers or an enclosed system that is completely sealed to prevent any dust from getting out. (D) Surfaces that are subject to vehicular or foot traffic shall be vacuumed, wet mopped, or otherwise maintained in accordance with a district-approved maintenance plan. The plan shall specify, at a minimum: the areas to be cleaned, the method to be used, the required frequency of the cleaning activities, and a method of documenting the completion of the required activities. The plan shall be designed and carried out in a way which will meet the requirements of subsection (b)(3)(A). (c) Exemptions (1) Small Quantity Exemptions. Facilities are exempt from subsections (b)(1), (b)(2), and (b)(3) if they meet either of the following conditions: (A) melt a total of no more than one ton per year of all metals, or (B) melt no more than the listed quantities of any one of the specific metals listed in Table I. Table I Metal Exemption Limit (tons per year) Pure Lead 400 Hard Lead 200 Aluminum Scrap 125 Aluminum Ingot containing more than 0.004 percent cadmium or 125 0.002 percent arsenic Solder 100 Zinc Scrap 30 Copper or copper-based alloys (except scrap) containing more 30 than 0.004 percent cadmium or 0.002 percent arsenic Type Metal (lead for linotype machines) 25 (i) For facilities melting more than one of the metals listed in Table I, eligibility for exemption shall be determined using the following calculation: For each metal listed in table I, divide the quantity melted by the specific exemption limit listed. Sum the resulting fractions for all the metals. If the sum does not exceed 1.0, the facility qualifies for exemption under subsection (c)(1). (2) Metal or Alloy Purity Exemption. Facilities or furnaces which do not melt scrap except clean aluminum scrap and which melt a metal or alloy (other than the metals listed in Table I) which is shown by the facility operator to have a content of no more than 0.004 percent of cadmium and no more than 0.002 percent of arsenic are exempt from subsections (b)(1), (b)(2), and (b)(3). A facility granted an exemption under subsection (c)(1)(B) may also be granted exemption for all metals that meet the purity limits in this subsection. (3) Clean Aluminum Scrap Exemption. Furnaces used exclusively to process clean aluminum scrap or a mixture of clean aluminum scrap and aluminum ingot to produce extrusion billet are exempt from subsections (b)(1) and (b)(2). (4) Exemption for Aluminum Furnaces. The combustion chamber in a reverberatory furnace is exempt from the requirements of subsections (b)(1) and (b)(2) if the furnace meets both of the following conditions: (A) The furnace is used solely to produce aluminum and aluminum-based alloys, and (B) The furnace is constructed with a charging well or similar device in which feed is added to molten metal in a separate chamber. (5) Aluminum Pouring Exemption. Ladles, launders or other equipment used to convey aluminum from a melting or holding furnace to casting equipment is exempt from the requirements of subsections (b)(1) and (b)(2). (d) Compliance Schedule (1) Application for exemption from control requirements. Facilities seeking exemption under subsections (c)(1) or (c)(2) or (c)(3) shall apply and submit evidence of eligibility for exemption to the district no later than six months after the district adopts regulations enacting this control measure. (2) Emission control requirements. Facilities subject to this section shall apply to the district for an authority to construct the emission collection system and the air pollution control equipment necessary to comply with subsection (b) no later than 12 months after the district adopts the regulations enacting this control measure. These facilities shall be in compliance no later than 24 months after the district adopts the regulations enacting this control measure. These facilities shall be in compliance no later than 24 months after the district adopts the regulations enacting this control measure. (e) Recordkeeping (1) Facilities subject to subsection (b) shall maintain on site for a period of two years, and make available to a district representative upon request, a record of: (A) The results of any source testing required by the district to demonstrate that the particulate matter control device(s) are operating as required by subsection (b)(2)(A). (2) Facilities seeking exemption under subsections (c)(1) or (c)(2) or (c)(3) shall maintain for two years a record of the amount and type of metal processed in those furnaces including results of analyses as required to support exemption under subsection (c)(2). These records shall be made available to a representative of the district upon request. (f) Applicable Material Testing Methods. One of the following methods or an alternate method deemed acceptable by the district Air Pollution Control Officer or Executive Officer and by the Executive Officer of the Air Resources Board shall be used. Sampling for these methods shall comply with ASTM E 88-58 (1986), "Standard Practice for Sampling Nonferrous Metals and Alloys in Cast Form for Determination of Chemical Composition". (1) To determine the composition of alloys defined in section (a)(1) and to determine the cadmium content of aluminum alloys to evaluate eligibility for exemption under section (c)(2) one of the following shall be used: (A) ASTM E 227-67 (1982), "Standard Method for Optical Emission Spectrometric Analysis of Aluminum and Aluminum Alloys by the Point-to-Plane Technique"; (B) ASTM E 607-90, "Standard Test Method for Optical Emission Spectrometric Analysis of Aluminum and Aluminum Alloys by the Point-to-Plane Technique, Nitrogen Atmosphere"; or (C) ASTM E 1251-88, "Standard Test Method for Optical Emission Spectrometric Analysis of Aluminum and Aluminum Alloys by the Argon Atmosphere, Point-to-Plane, Unipolar Self-Initiating Capacitor Discharge". (2) To determine alloy composition as defined in subsections (a)(13) and (a)(22), ASTM E 117-64 (1985), "Standard Test Method for Spectrographic Analysis of Pig Lead by the Point-to-Plane Technique" shall be used. (3) To determine alloy composition as defined in section (a)(25), ASTM E 46- 87, "Test Method for Chemical Analysis of Lead- and Tin-Base Solder" shall be used. (4) To determine cadmium concentration in zinc and zinc alloys to evaluate eligibility for exemption under section (c)(2), ASTM E 536-84 (1988), "Standard Test Method for Chemical Analysis of Zinc and Zinc Alloys" shall be used. (5) To determine cadmium concentration in copper and copper-based alloys to evaluate eligibility for exemption under section (c)(2), ASTM E 53-86a, "Standard Test Methods for Chemical Analysis of Copper" shall be used. (6) To determine arsenic concentration in copper or copper-based alloys to evaluate eligibility for exemption under section (c)(2), ASTM E 62-89, "Standard Test Method for Chemical Analysis of Copper and Copper Alloys" shall be used. (7) To determine arsenic content in aluminum or zinc (or any other alloy in which determination of arsenic by spectrochemical methods is compromised by interference) to evaluate eligibility for exemption under section (c)(2), EPA method 7061 (Revision 1, December, 1987), "Arsenic (Atomic Absorption, Gaseous Hydride)", published in U.S.EPA Test Methods for Evaluating Solid Waste Physical and Chemical Methods. First Update (3rd Edition), January, 1988; EPA/530/SW-846.3-1; PB 89-14876, shall be used in the following manner. (A) For aluminum alloys, sample digestion shall employ the hydroxide digestion technique given in appendix A to this control measure. (g) Alternative Compliance Option. A district may approve an alternative approach to compliance proposed by the facility operator, if the facility operator demonstrates to the satisfaction of the district Executive Officer or Air Pollution Control Officer that the alternative is enforceable, achieves the same or better reductions in emissions and risk, and achieves these reductions within the same time period as required by this airborne toxic control measure. The alternative approach shall also be consistent with the federal Clean Air Act. The district shall revoke this approval if the facility operator fails to adequately implement the alternative approach or the alternative approach does not reduce emissions as required. The district shall notify the state board whenever it proposes to approve an alternative approach to compliance to this airborne toxic control measure. Note: Authority cited: Sections 39600, 39601, 39650, 39655 and 39666, Health and Safety Code. Reference: Sections 39650 and 39666, Health and Safety Code. Appendix A Digestion of Metal Aluminum Sample for Determining As 1. Introduction: Metal Aluminum cannot react with nitric acid or concentrated sulfuric acid. It can dissolve in dilute sulfuric acid or hydrochloric acid. Active hydrogen, generated during the acid digestion process, will reduce arsenic to AsH 3, which will escape from solution, resulting in a low or negative arsenic value. The proposed method sets up a protocol to dissolve metal alumina without loss of arsenic. 2. Reagent: 3M NaOH, 10% HgSO 4 Solution, 30% H 2 O 1:1 H 2 SO 4, Concentrated HNO 3, Tiling Copper. 3. Procedure: 3.1. Dissolve 3.1.1. Dissolve using NaOH (Method 1). Weigh 0.5g of metal aluminum sample to a 125 ml Erlenmeyer flask, add 15 ml of 3M NaOH solution, allow to react and dissolve about 20 min. Again add 10ml of 3M NaOH, continue reaction until no gas bubbles are present and the sample is dissolved completely. 3.1.2. Dissolve using HgSO 4 (Method 2) Weigh 0.5g of metal Aluminum sample to a 125ml Erlenmeyer flask, add 10ml of 10% HgSO 4 solution and 5ml of 30% H 2 O 2. After 20 min., add appropriate amount of HgSO 4. Allow reaction to continue until no gas bubbles are present. Add metal copper strips (large surface area) into the sample solution. After 10 min, withdraw the copper strips and add new copper strips. Repeat until the surface of copper strips in sample solution do not change to a silver color. Withdraw all copper strips from sample solution. 3.2. Digestion: Add 3ml of concentrated HNO 3, 5ml of 1:1 H 2 SO 4 into the sample solution obtained from 3.1.1 or 3.1.2. Heat slowly and evaporate the sample solution until SO 3 fumes are present for 5 min. Cool and dilute the sample to 50.0ml. Determine As by Atomic Absorption method. s 93108. Ethylene Oxide Airborne Toxic Control Measure -Part 1 - Non-Commercial Sterilizers and Aerators and Commercial Sterilizers and Aerators Using Less Than 2,000 Pounds of Ethylene Oxide per 12 Consecutive Months. (a) Definitions. For the purposes of this section, the following definitions shall apply: (1) "Acute care facility" means any facility currently licensed by the California Department of Health Services as a general acute care hospital (as defined in title 22, CCR, section 70005), or any military hospital. (2) "Aeration" is the process during which residual ethylene oxide dissipates, whether under forced air flow, natural or mechanically assisted convection, or other means, from previously sterilized materials after the sterilizer cycle is complete. (3) "Aeration-only facility" means a facility which performs aeration on materials which have been sterilized with ethylene oxide at another facility. (4) "Aerator" means any equipment or space in which materials previously sterilized with ethylene oxide are placed or remain for the purpose of aeration. An aerator is not any equipment or space in which materials that have previously undergone ethylene oxide sterilization and aeration can be handled, stored, and transported in the same manner as similar materials that have not been sterilized with ethylene oxide. (5) "Aerator exhaust stream" means all ethylene oxide-contaminated air which is emitted from an aerator. (6) "Back-draft valve exhaust stream" is the air stream which results from collection of ethylene oxide-contaminated air which may be removed from the sterilizer through a back-draft valve or rear chamber exhaust system during unloading of the sterilized materials. (7) "Commercial sterilizer" means any facility which as its principal business sterilizes products or equipment manufactured elsewhere, or a facility which sterilizes products or equipment it manufactures. A commercial sterilizer is also a non-medical facility that sterilizes items used in conducting its business. (8) "Control device" means an article, machine, equipment, or contrivance which reduces the amount of ethylene oxide between its inlet and outlet and which is sized, installed, operated, and maintained according to good engineering practices, as determined by the district. (9) "Control efficiency" is the ethylene oxide (EtO) mass or concentration reduction efficiency of a control device, as measured with ARB Test Method 431 (title 17, CCR, section 94143) according to the source testing requirements herein, and expressed as a percentage calculated across the control device as follows: EtO in - EtO out x 100 = % Control Efficiency ------------------------ EtO in (10) "District" means the local air pollution control district or air quality management district. (11) "Ethylene oxide (EtO)" is the substance identified as a toxic air contaminant by the Air Resources Board in 17 CCR section 93000. (12) "Facility" means any entity or entities which: own or operate a sterilizer or aerator, are owned or operated by the same person or persons, and are located on the same parcel or contiguous parcels of land. (13) "Facility-wide pounds of ethylene oxide used per year" is the total pounds of ethylene oxide used in all of the sterilizers at the facility during a one-year period. (14) "Leak-free" refers to that state which exists when the concentration of sterilant gas measured 1 cm. away from any portion of the exhaust system of a sterilizer or aerator, during conditions of maximum sterilant gas mass flow, is less than: (A) 30 ppm for sterilant gas composed of 12% ethylene oxide/88% chlorofluorocarbon-12 by weight; and (B) 10 ppm for other compositions of sterilant gas, as determined by ARB Test Method 21 (title 17, CCR, section 94124) using a portable flame ionization detector or a non-dispersive infrared analyzer, calibrated with methane, or an acceptable alternative method or analytical instrument approved by the district. A chlorofluorocarbon-12 specific audible detector using a metal oxide semi-conductor sensor shall be considered an acceptable alternative for exhaust systems carrying a sterilant gas mixture of ethylene oxide and chlorofluorocarbon-12. (15) "Local medical emergency" means an unexpected occurrence in the area served by the acute care facility resulting in a sudden increase in the amount of medical treatments which require a significant increase in the operation of a sterilizer or aerator. (16) "Non-commercial sterilizer" means a facility other than a commercial facility at which ethylene oxide is used for sterilizing or fumigation, or at which aeration occurs. (17) "Sterilant gas" means ethylene oxide or any combination of ethylene oxide and (an)other gas(es) used in a sterilizer. (18) "Sterilizer" means any equipment in which ethylene oxide is used as a biocide to destroy bacteria, viruses, fungi, and other unwanted organisms on materials. Equipment in which ethylene oxide is used to fumigate foodstuffs is considered a sterilizer. (19) "Sterilizer cycle" means the process which begins when ethylene oxide is introduced into the sterilizer, includes the initial purge or evacuation after sterilization and subsequent air, steam or other washes, and ends after evacuation of the final wash. (20) "Sterilizer door hood exhaust stream" is the air stream which results from collection of fugitive ethylene oxide emissions, by means of an existing hood over the sterilizer door, during the time that the sterilizer door is open after the sterilizer cycle has been completed. (21) "Sterilizer exhaust stream" is all ethylene oxide-contaminated air which is intentionally removed from the sterilizer during the sterilizer cycle. (22) "Sterilizer exhaust vacuum pump" means a device used to evacuate the sterilant gas during the sterilizer cycle, including any associated heat exchanger. A sterilizer exhaust vacuum pump is not a device used solely to evacuate a sterilizer prior to the introduction of ethylene oxide. (b) Applicability. Effective January 28, 1999, any person who owns or operates any non-commercial sterilizer or aerator or any person who owns or operates a commercial sterilizer or an aerator that uses less than 2,000 pounds of EtO per consecutive 12-month period after December 6, 1996, must comply with Part I of this regulation, section 93108. (c) Notification. Any person subject to this regulation must provide the district with the following information, in writing, within 30 days of the date of district adoption: (1) the name(s) of the owner and operator of the facility; (2) the location of the facility; (3) the number of sterilizers and aerators at the facility; and (4) an estimate of the total pounds of ethylene oxide and sterilant gas used by the facility, in all sterilizers, during the previous calendar year, as determined by a method approved by the district. A district may exempt a source from this requirement if the district maintains current equivalent information on the source. (d) Reporting. Any person who owns or operates a sterilizer shall furnish a written report to the district annually on the date specified by the district, or, at the district's discretion, shall maintain such a report and make it available to the district upon request. Commercial sterilizers shall maintain copies of these reports on site for 5 years. This report shall include one of the following, as determined by the district: (1) the number of sterilizer cycles and the pounds of ethylene oxide used per cycle for each sterilizer during the reporting period, as determined by a method approved by the district; or (2) the total pounds of sterilant gas and the total pounds of ethylene oxide purchased, used, and returned in the previous calendar year, as determined by a method approved by the district. (e) Requirements. No person shall operate a sterilizer or aerator unless all of the following requirements are satisfied: (1) the exhaust systems and EtO supply system including, but not limited to, any piping, ducting, fittings, valves, or flanges, through which ethylene oxide-contaminated air is conveyed between the sterilizer, aerator and the control device shall be leak-free; (2) all of the control requirements shown in Table I below for the applicable control category are met; (3) the average concentration of ethylene oxide shall not exceed: (A) 30 m g/ml in any liquid discharge associated with the sterilization cycle; and (B) 10 m g/ml in any liquid discharge associated with the aeration cycle for those facilities where Table I requires aeration control; Table I Control and Compliance Requirements Control Category Requirements (a) (b) (c) Facility-wide Pounds of Exhaust Streams to Exhaust Control Ef- Ethylene Oxide Used be Controlled Streams To ficiency Annually be Tested (%) Less than or eqal to 25 None None None More than 25 and less than Sterilizer Sterilizer 99.0 or equal to 600 More than 600 Sterilizer Sterilizer 99.9 and less than or Aerator Aerator 95.0 equal to 5,000 Sterilizer/Aerator Sterilizer/Ae- 99.7 rator Back-draft Valve N/A [FNa1] More than 5,000 Sterilizer Sterilizer 99.9 Aerator Aerator 99.0 Sterilizer Door N/A [FNa1] Hood & Back-draft Valve N/A [FNa1] Aeration-only Aerator Aerator 95.0 Facilities [FNa1] Not Applicable (4) for facilities using more than 600 pounds of ethylene oxide per year, the back-draft valve is ducted to the control device used to control the sterilizer exhaust stream or the aerator exhaust stream; and (5) for facilities using more than 5,000 pounds of ethylene oxide per year, the sterilizer door hood exhaust stream is ducted to the control device used to control the aerator exhaust stream. (f) Exemptions: (1) The requirements set forth in subsection (e) above do not apply to any facility which treats materials in a sterilizer and which uses a total of 25 pounds or less of ethylene oxide per calendar year. (2) The district hearing board may grant an emergency variance from items (a) and (c) in Table I of Part 1 subsection (e), Requirements, to a person who owns or operates an acute care facility if response to a local medical emergency requires increased operation of a sterilizer or aerator such that the requirements cannot be met. The demonstrated need for such increased operation shall constitute "good cause" pursuant to Health and Safety Code section 42359.5. The emergency variance shall be granted in accordance with this section and any applicable district rule regarding the issuance of emergency variances for such occurrences, including the requirement that the emergency variance shall not remain in effect longer than 30 days; however, the emergency variance shall be granted only for the period of time during which increased operation of a sterilizer or aerator is necessary to respond to the local medical emergency. (g) Compliance. For the purpose of determining compliance with the control efficiency requirement set forth in column (c) of Table I, subsection (e), if a reduction in the amount of ethylene oxide across the control device is demonstrated, but the control efficiency cannot be affirmatively demonstrated because the concentration of ethylene oxide measured in the outlet of the control device is below 0.2 parts per million ethylene oxide, the facility shall be considered to be in compliance with this requirement. (h) Source Testing. Source testing shall be conducted according to ARB Test Method 431 (title 17, CCR, section 94143) and the method evaluations cited therein or an acceptable source test method approved by the district with the concurrence of the Executive Officer of the Air Resources Board. Specific requirements for application are given below. (1) All ethylene oxide emission points shall be sampled during the entire testing period. (2) If the efficiency is being determined by inlet and outlet sampling, the inlet and outlet of the control device shall be sampled simultaneously during testing. (3) The efficiency of each control device shall be determined under conditions of maximum ethylene oxide mass flow to the device, under normal operating conditions. To measure the control efficiency of the control device on the sterilizer exhaust stream, sampling shall be done during the entire duration of the first sterilizer evacuation after ethylene oxide has been introduced. To measure the control efficiency of the control device on an aerator exhaust stream with a constant air flow, sampling shall be done during a period of at least 60 minutes, starting 15 minutes after aeration begins. To measure the control efficiency of the control device on an aerator exhaust stream with a non-constant air flow, sampling shall be done during the entire duration of the first aerator evacuation after aeration begins. (4) There shall be no dilution of the air stream between the inlet and outlet test points during testing. Note: Authority cited: Sections 39600, 39601 and 39666, Health and Safety Code. Reference: Sections 39650, 39656, 39658, 39659, 39665, 39666 and 42359.5, Health and Safety Code; and 40 CFR Part 63 Subpart O. s 93108.5. Ethylene Oxide Airborne Toxic Control Measure -Part 2 - Commercial Sterilizers and Aerators Using 2,000 Pounds or More of Ethylene Oxide per 12 Consecutive Months. (a) Definitions. For the purposes of this section, the definitions set forth in section 93108 (a) shall apply unless otherwise specified below: (1) "Administrator" means the Administrator of the United States Environmental Protection Agency (or the implementing agency in accordance with any delegation of authority to approve alternatives from the U. S. Environmental Protection Agency). (2) "Back-draft valve/chamber exhaust stream" is the air stream which results from collection of ethylene oxide-contaminated air which may be removed from the sterilizer through a back-draft valve or rear chamber exhaust system during unloading of the sterilized materials. (3) "Baseline temperature" means the range of temperatures at the outlet point of a catalytic oxidation control device or at the exhaust point from the combustion chamber for a thermal oxidation control device established during the performance test at which the unit achieves at least 99 percent control of ethylene oxide emissions. (4) "Manifolding emissions" means combining ethylene oxide emissions from two or more vent types for the purpose of controlling these emissions with a single control device. (5) "Maximum ethylene glycol concentration" means the concentration of ethylene glycol in the scrubber liquor of an acid-water scrubber control device established during a performance test when the scrubber achieves at least 99 percent control of ethylene oxide emissions. (6) "Maximum liquor tank level" means the level of scrubber liquor in the acid-water scrubber liquor recirculation tank established during a performance test when the scrubber achieves at least 99 percent control of ethylene oxide emissions. (7) "Modification" means either (A) any physical change in, method of operation of, or addition to, an existing permit unit that requires an application for a permit to construct and/or operate. Routine maintenance and/or repair shall not be considered a physical change. A change in the method of operation of equipment, unless previously limited by an enforceable permit condition, shall not include: 1. an increase in the production rate, unless such increases will cause the maximum design capacity of the equipment to be exceeded; or 2. an increase in the hours of operation; or, 3. a change in ownership of a source; or, (B) the addition of any new permit unit at an existing source; or, (C) the replacement of components if the fixed capital cost of the components exceeds 50 percent of the fixed capital cost that would be required to construct a comparable new source. (8) "Oxidation temperature" means the temperature at the outlet point of a catalytic oxidation device or at the exhaust point from the combustion chamber for a thermal oxidation device. (9) "Parametric monitoring" means monitoring of a specific operating parameter or parameters of a control device established to demonstrate that the control device is operating under conditions that meet a performance standard. (b) Applicability. Effective January 28, 1999, any person who owns or operates a commercial sterilizer or an aerator using 2,000 pounds or more of ethylene oxide in any 12 consecutive month period after December 6, 1996, must comply with this section. (c) Initial Notification. Any person subject to this regulation must provide the following information, in writing, within 30 days after the source becomes subject to the regulation, to the district and the Administrator unless the Administrator has waived this requirement: (1) The name(s) and address of the owner and operator of the facility; (2)The location of the facility; (3) The number of sterilizers and aerators at the facility; (4) An estimate of the facility-wide pounds of ethylene oxide used per year; (5) A brief description of the nature, size, design, design operating capacity, expected control efficiency, and method of operation of the source, and control equipment, including operating design capacity, bypass valves, and an identification of each point of emission; (6) Facilities complying with this regulation with a control technology other than acid-water scrubbers or catalytic or thermal oxidizers must provide information describing the design and operation of the air pollution control system including recommendations for the operating parameters to be monitored that will indicate proper operation and maintenance, where the site specific operating, reporting and monitoring parameters will be determined during the performance test; (7) A statement of whether the source is a major or area source to the Administrator (If the source is a new major source or a major source undergoing modification, it must receive written approval in advance from the Administrator. The source may use the "Application for Construction or Modification" in Appendix 2 to satisfy the initial notification requirements); and (8) An identification of the relevant standard, or other requirement, that is the basis of the notification and the source's compliance date. (d) Requirements. No person subjected to these standards shall operate a sterilizer or aerator, unless all of the following requirements are satisfied: (1) all ethylene oxide released from the sterilizer and aerator shall be controlled to meet the requirements shown in Table I for the applicable control category; Table I Emissions Standards for Commercial Facilities Control Category Requirements for Ethylene Oxide Sterilizer Facilities (Facility-wide Pounds (a) (b) (c) of Ethylene Oxide used per 12 Emission Streams to be Emission Control consecutive months Controlled Streams Efficiency (%) to be or Outlet Tested Concentration equal to or greater Sterilizer Sterilizer 99.9 than 2,000 and less than 5,000 Aerator Aerator 95.0 Back-draft Valve [FNa1] Aeration Only 95.0 equal to or greater Sterilizer Sterilizer 99.9 than 5,000 and less than 20,000 Aerator Aerator 99.0 Sterilizer Door Hood [FNa1] & Back-draft Valve [FNa1] Aeration Only 95.0 Equal to or more than Sterilizer Sterilizer 99.9 20,000 Aerator Aerator 99.0 or 1 ppm max Sterilizer Door Hood [FNa1] Back-draft Valve 99.0 [FNa1] Aeration Only 99.0 [FNa1] Sources may show compliance by manifolding emissions to control device used to comply with sterilizer or aerator requirement. (2) the exhaust systems and EtO supply including, but not limited to, any piping, ducting, fittings, valves, or flanges, through which ethylene oxide is conveyed to and from the sterilizer, aerator and the control device shall be leak-free; and (3) Facilities must obtain a title V permit from the Administrator. (e) Compliance Procedures. (1) Compliance Testing Notification The facility shall notify the Administrator 60 days before the date and time of any performance tests and monitoring system evaluations. In the event the source is unable to conduct the test on the date specified in the notification, the source shall notify the Administrator within 5 days prior to the scheduled performance test date. (2) Compliance Testing (A) Source testing conducted for the purpose of demonstrating compliance must be according to ARB Test Method 431 (title 17, CCR, section 94143) and the method evaluations cited therein or an acceptable source test method approved by the district with the concurrence of the Executive Officer of the Air Resources Board, and the Administrator. Before conducting a required source test, the source shall develop a site-specific test program summary, the test schedule, data quality objectives, and both an internal and external quality assurance program. (B) The following procedures shall be used to determine the monitored parameters for acid-water scrubbers: 1. For determining the ethylene glycol concentration, the facility owner or operator shall establish the maximum ethylene glycol concentration as the ethylene glycol concentration averaged over three test runs; the sampling and analysis procedures in ASTM D 3695-88, Standard Test Method for Volatile Alcohols in Water by Direct Aqueous- Injection Gas Chromatography (1988). 2. For determining the scrubber liquor tank level, the sterilization facility owner or operator shall establish the maximum liquor tank level based on a single measurement of the liquor tank level during one test run. (C) The following procedures shall be used to demonstrate the baseline temperature for catalytic oxidation units or thermal oxidation units and to continuously monitor the oxidation temperature as required by this measure. 1. The baseline temperature for the sterilization chamber vent shall be the temperature for the catalytic oxidation unit or oxidation temperature at the exhaust point from the thermal oxidation unit averaged over three test runs using the procedures in Test Method 431, and subsection (f)(2)(A). 2. The baseline temperature for the aeration room vent shall be the temperature for the catalytic oxidation unit or the oxidation temperature at the exhaust point from the thermal oxidation unit averaged over three test runs using the procedures in Test Method 431, and subsection (f)(2)(B). 3. The baseline temperature for the chamber exhaust vent shall be the temperature for the catalytic oxidation unit or oxidation temperature at the exhaust point from the thermal oxidation unit averaged over three test runs using the procedures in Test Method 431, and subsection (f)(2)(C). (D) A facility seeking to demonstrate compliance with the standards with a control device other than an acid-water scrubber or catalytic or thermal oxidation unit shall submit: a description of the device; tests results collected in accordance with the test method cited within or an approved method verifying the performance of the device for controlling ethylene oxide emissions to the levels required by the applicable standards; the appropriate operating parameters that will be monitored; and the frequency of measuring and recording to establish continuous compliance with the standards. The monitoring plan is subject to the Administrator's approval. The owner or operator of the sterilization facility shall install, calibrate, operate, and maintain the monitor(s) approved by the Administrator based on the information submitted by the owner or operator. The owner or operator shall include in the information submitted to the Administrator proposed performance specifications and quality assurance procedures for their monitors. (E) A facility seeking to demonstrate compliance with the standards with a monitoring device or procedure other than a gas chromatograph shall provide to the Administrator information describing the operation of the monitoring device or procedure and the parameter(s) that would indicate proper operation and maintenance of the device or procedure. (3) Compliance Testing Report (A) The facility shall send the district and the Administrator an initial statement of compliance and test results within 60 days following the performance test. (B) The facility shall submit (before a title V permit is issued) to the Administrator: 1. The methods that were used to determine compliance; 2. The results of any performance tests, continuous monitoring system (CMS) performance evaluations, and/or other monitoring procedures or methods that were conducted; 3. The methods that will be used for determining continuing compliance, including a description of monitoring and reporting requirements and test methods; and 4. A statement by the owner or operator of the affected existing, new, or modified source as to whether the source has complied with the relevant standard or other requirements. (f) Monitoring Requirements. The owner or operator of a sterilizer or aerator shall monitor the parameters of the control system specified in this section to show compliance with the provisions of this regulation. If continuous monitoring systems are required, Appendix 1 shall be consulted for their application. All monitoring equipment shall be installed such that representative measurements of emissions or process parameters which affect emissions from the source are obtained. For monitoring equipment purchased from a vendor, verification of the operational status of the monitoring equipment shall include, at a minimum, completion of the manufacturer's written specifications or recommendations for installation, operation, maintenance, and calibration of the system. (1) For sterilization facilities complying with the emissions standard through the use of an acid-water scrubber, the owner or operator shall either: (A) Sample the scrubber liquor and analyze and record once per week the ethylene glycol concentration using the test procedures in subsection (e)(2)(B)1. Monitoring is required only if the scrubber unit has been operated during that week; or (B) Measure and record once per week the level of the scrubber liquor in the recirculation tank. The owner or operator shall install, maintain, calibrate, and use a liquid level indicator to measure the scrubber liquor tank level (i.e., a visible depth gauge, a dipstick, a magnetic indicator, etc.). (C) Operation of the facility with an ethylene glycol concentration in the scrubber liquor in excess of the maximum liquor tank level shall constitute a violation of the chamber exhaust vent standard for sources using 20,000 pounds or more of ethylene oxide per 12 consecutive months. (2) For sterilization facilities complying with the emissions standards through the use of catalytic oxidation or thermal oxidation, the owner or operator shall continuously monitor and record the oxidation temperature at the outlet to the catalyst bed or at the exhaust point from the thermal combustion chamber using a temperature monitor. The temperature monitor shall be installed, calibrated, operated, and maintained to an accuracy within + 5.6° C ( + 10° F). The owner or operator shall verify the accuracy of the temperature monitor twice each calendar year with a reference temperature monitor (traceable to National Institute of Standards and Technology (NIST) standard, or with an independent temperature measurement device dedicated for this purpose). During accuracy checking, the probe of the reference device shall be at the same location as that of the temperature monitor being tested. For sources using 20,000 pounds or more of ethylene oxide per 12 consecutive months, operation of the facility with the oxidation temperature, averaged over the cycle, more than 5.6° C(10° F) below the baseline temperature shall constitute a violation of the chamber exhaust vent standard. (A) For the sterilization chamber vent, a data acquisition system for the temperature monitor shall compute and record an average oxidation temperature over the length of the cycle (based on the length of the cycle used during the performance test) and a three-cycle block average every third cycle. (B) For the aeration room vent, a data acquisition system for the temperature monitor shall compute and record an average oxidation temperature each hour and a 3-hour block average every third hour. (C) For the back draft valve (chamber exhaust vent), a data acquisition system for the temperature monitor shall compute and record an average oxidation temperature over the length of the cycle (based on the length of the cycle used during the performance test). (3) For sterilization facilities complying with the emission standards with the use of a control device other than acid-water scrubbers or catalytic or thermal oxidizers, the owner or operator shall monitor the parameters as approved by the Administrator. (4) For facilities continuously measuring the ethylene oxide concentration from the aeration room (after a control device) or in the sterilization chamber immediately prior to the operation of the chamber exhaust, the owner or operator shall follow either paragraph (A) or (B) of this subsection: (A) Measure and record once per hour the ethylene oxide concentration at the outlet to the atmosphere from the aeration room vent after any control device. The owner or operator shall compute and record a 3-hour average every third hour. The owner or operator will install, calibrate, operate, and maintain a gas chromatograph to measure ethylene oxide. The daily calibration requirements are required only on days when ethylene oxide emissions are vented to the control device from the aeration room vent. (B) Measure and record the ethylene oxide concentration in the sterilization chamber immediately before the chamber exhaust is activated. The owner or operator shall install, calibrate, operate, and maintain a gas chromatograph to measure ethylene oxide concentration. The daily calibration requirements are required only on days when the chamber exhaust is activated. (5) At facilities using 20,000 pounds or more of ethylene oxide per consecutive 12 months, seeking to comply with the standard by manifolding emissions from the chamber exhaust vent to a control device controlling emissions from another vent type (sterilization chamber vent and/or aeration room vent), shall monitor the control device to which emissions from the chamber exhaust vent are manifolded. (g) Recordkeeping. (1) The owner or operator of a sterilizer or aerator subject to the emissions standards in subsection (d) Table I shall maintain records of all reports and notifications (including compliance notifications) in a form suitable and readily available for expeditious inspection and review. The files shall be retained for at least 5 years following the date of each occurrence, measurement, maintenance, corrective action, report or record. At a minimum the most recent 2 years of data shall be retained on site. The files shall contain: (A) The occurrence and duration of each malfunction of the air pollution control equipment; (B) All required measurements needed to demonstrate compliance with the standard (including, but not limited to, 15-minute averages of CMS data, raw performance testing measurements, and raw performance evaluation measurements, that support data that the source is required to report); (C) All measurements as may be necessary to determine the conditions of performance tests and performance evaluations; and (D) Any information demonstrating whether a source is meeting the requirements for a waiver of recordkeeping or reporting requirements. (2) The source may apply for a waiver of recordkeeping or reporting requirements by submitting a written application to the Administrator. Until the waiver is granted, the source remains subject to the requirements of this section. The application must contain at a minimum: (A) A request for an extension of compliance (if applicable); (B) All required compliance progress reports or compliance status reports; (C) Any excess emissions and CMS performance report; and (D) Information to convince the administrator that a waiver of recordkeeping or reporting is warranted. (h) Reporting. Any person who owns or operates a sterilizer shall furnish the following written report to the Administrator and to the district within thirty days after the date specified by the district. (1) An annual report that demonstrates that the facility is a major or area source. The report shall contain at a minimum; (A) the number of sterilizer cycles and the pounds of ethylene oxide used per cycle for each sterilizer during the consecutive 12-month reporting period from the district permit; or (B) the total pounds of sterilant gas and the total pounds of ethylene oxide purchased, used, and returned in the consecutive 12-months from the date of the permit. (2) Facilities shall provide semi-annual compliance reports to the Administrator that contain information on the compliance status of the source. This report should also contain the summary report in Appendix 1, (i). The report shall be signed by the responsible official who shall certify its accuracy. (i) Construction or Modification. The requirements of this section apply to sources subject to the emission standards in Table I. No person may construct or modify a source, without obtaining written approval, in advance, from the district and from the Administrator. For major sources, the application for approval of construction or modification may be used to fulfill the notification requirements. For specific requirements, see Appendix 2. In lieu of complying with requirements in Appendix 2, a facility may fulfill these requirements by complying with the permitting agency's new source review rule or policy, provided similar information is obtained. Note: Authority cited: Sections 39600, 39601 and 39666, Health and Safety Code. Reference: Sections 39650, 39656, 39658, 39659, 39665 and 39666, Health and Safety Code; and 40 CFR, Part 63 Subpart O. Appendix 1 Requirements for Continuous Monitoring Systems (CMS) (a) General Requirements (1) When the effluent from a single source, or when two or more sources are combined before being released to the atmosphere, the owner or operator shall install an applicable CMS on each effluent. (2) When the effluent from one source is released to the atmosphere through more than one point, the owner or operator shall install an applicable CMS at each emission point unless the installation of fewer systems is approved by the Administrator. (3) If more than one Continuous Emission Monitoring System (CEMS) is used to measure the emissions from one source, the owner or operator shall report the results as required for each CEMS. (4) The owner or operator shall record the date and time during which a CMS is malfunctioning or inoperative, except for zero (low level) and high level checks. Also records of all required CMS measurements (including monitoring data recorded during unavoidable CMS breakdowns and out-of-control periods) shall be maintained. (b) Recordkeeping The owner or operator shall maintain the following records: (1) All results of performance tests, and CMS performance evaluations; (2) All CMS calibration checks; (3) All adjustments and maintenance performed on CMS (including the nature and cause of any malfunction and the corrective action taken or preventive measures adopted); (4) For facilities using 20,000 pounds or more of ethylene oxide per 12 month consecutive period, all procedures that are part of a quality control program developed and implemented for CMS; (5) The specific identification (i.e., the date and time of commencement and completion) of each period of excess emissions and parameter monitoring exceedances, as defined in the standard, that occurs during periods other than startups, shutdowns, and malfunctions of the affected source; and (6) The total process operating time during the reporting period. (c) Additional Reporting The owner or operator shall submit to the Administrator a semiannual summary report. The summary report shall contain, at a minimum, the information in (h) of this subsection. In addition if the duration of excess emissions or process or control system parameter exceedances for the reporting period exceeds 1 percent or the total CMS downtime exceeds 5 percent of the reporting period, an excess emissions and continuous monitoring system performance report shall be submitted semiannually as well. The performance report shall contain, at a minimum, all information required in (h) of this subsection. (d) Operation and maintenance of continuous monitoring systems. Each CMS shall be maintained and operated as specified in this subsection, and in a manner consistent with good air pollution control practices. (1) All CMS shall be installed such that representative measurements of emissions or process parameters are obtained. (2) All CMS shall be installed, operational, and the data verified either prior to or in conjunction with conducting performance tests. Verification of operational status shall, at a minimum, include completion of the manufacturer's written specifications or recommendations for installation, operation, and calibration of the system. (e) Quality control program. (Sources using 20,000 pounds or more EtO per 12 consecutive months) (1) The owner or operator shall develop and implement a CMS quality control program. As part of the quality control program, the owner or operator shall develop and submit upon request by the Administrator, a site-specific performance evaluation test plan for the CMS performance evaluation. In addition, each quality control program shall include, at a minimum, a written protocol that describes procedures for each of the following operations: (A) Initial and any subsequent calibration of the CMS; (B) Determination and adjustment of the calibration drift of the CMS; (C) Preventive maintenance of the CMS, including spare parts inventory; (D) Data recording, calculations, and reporting; (E) Accuracy audit procedures, including sampling and analysis methods; and (F) Program of corrective action for a malfunctioning CMS. (2) The owner or operator shall keep these written procedures on record for the life of the affected source or until the affected source is no longer subject to the provisions of this section, to be made available for inspection, upon request, by the Administrator. If the performance evaluation plan is revised, the owner or operator shall keep previous (i.e., superseded) versions of the performance evaluation plan on record to be made available for inspection, upon request, by the Administrator, for a period of 5 years after each revision to the plan. (f) Performance evaluation of continuous monitoring systems. (1) If the Administrator requests a performance evaluation, the evaluation shall be conducted according to the applicable specifications and procedures described in this subsection. (2) Notification of performance evaluation. The owner or operator shall notify the Administrator in writing of the date of the performance evaluation simultaneously with the notification of the performance test date or at least 60 days prior to the date the performance evaluation is scheduled to begin if no performance test is required. (3) Submission of site-specific performance evaluation test plan. (A) Before conducting a required CMS performance evaluation, the owner or operator shall develop and submit a site-specific performance evaluation test plan to the Administrator for approval. The performance evaluation test plan shall include the evaluation program objectives, an evaluation program summary, the performance evaluation schedule data quality objectives, and both an internal and external quality assurance (QA) program. Data quality objectives are the pre-evaluation expectations of precision, accuracy, and completeness of data. (B) The internal QA program shall include, at a minimum, the activities planned by routine operators and analysts to provide an assessment of CMS performance. The external QA program shall include, at a minimum, systems audits that include the opportunity for on-site evaluation by the Administrator of instrument calibration, data validation, sample logging, and documentation of quality control data and field maintenance activities. (C) The owner or operator shall submit the site-specific performance evaluation test plan to the Administrator (if requested) at least 60 days before the performance test or performance evaluation is scheduled to begin, or on a mutually agreed upon date. Review and approval of the performance evaluation test plan by the Administrator will occur with the review and approval of the site-specific test plan (if review of the site-specific test plan is requested). (D) In the event that the Administrator fails to approve or disapprove the site-specific performance evaluation test plan within the specified time period, the following conditions shall apply. 1. If the owner or operator intends to demonstrate compliance by using an alternative to a monitoring method specified in this measure, the owner or operator shall refrain from conducting the performance evaluation until the Administrator approves the use of the alternative method. 2. If the Administrator does not approve the use of the alternative method within 30 days before the performance evaluation is scheduled to begin, the performance evaluation deadlines may be extended such that the owner or operator shall conduct the performance evaluation within 60 calendar days after the Administrator approves the use of the alternative method. 3. Notwithstanding the requirements in section (f)(3)(D)1. and (f)(3)(D)2., the owner or operator may proceed to conduct the performance evaluation as required in this section (without the Administrator's prior approval of the site-specific performance evaluation test plan) if he/she subsequently chooses to use the specified monitoring method(s) instead of an alternative. (4) Neither the submission of a site-specific performance evaluation test plan for approval, nor the Administrator's approval or disapproval of a plan, nor the Administrator's failure to approve or disapprove a plan in a timely manner shall; (A) Relieve an owner or operator of legal responsibility for compliance with any applicable provisions of this part or with any other applicable Federal, State, or local requirement; or (B) Prevent the Administrator from implementing or enforcing this part or taking any other action under the Act. (5) Conduct of performance evaluation and performance evaluation dates. The owner or operator of an affected source shall conduct a performance evaluation of a required CMS during any performance test required in accordance with the applicable performance specification as specified in the standard. If a performance test is not required, or the requirement for a performance test has been waived, the owner or operator of an affected source shall conduct the performance evaluation not later than 180 days after the appropriate compliance date, or as otherwise specified in the standard. (6) Reporting performance evaluation results. The owner or operator shall furnish the Administrator a copy of a written report of the results of the performance evaluation simultaneously with the results of the performance test within 60 days of completion of the performance evaluation if no test is required, unless otherwise specified in the standard. The Administrator may request that the owner or operator submit the raw data from a performance evaluation in the report of the performance evaluation results. (g) Use of an alternative monitoring method. Until permission to use an alternative monitoring method has been granted by the Administrator under this paragraph, the owner or operator of an source remains subject to the requirements of this section and the standard. (1) Request to use alternative monitoring method. (A) An owner or operator who wishes to use an alternative monitoring method shall submit an application to the Administrator. The application may be submitted at any time provided that the monitoring method is not used to demonstrate compliance with the standard or other requirement. If the alternative monitoring method is to be used to demonstrate compliance with the standard, the application shall be submitted not later than with the site specific test plan (if requested), with the site-specific performance evaluation plan (if requested), or at least 60 days before the performance evaluation is scheduled to begin. (B) The application shall contain a description of the proposed alternative monitoring system and a performance evaluation test plan, if required. In addition, the application shall include information justifying the owner or operator's request for an alternative monitoring method, such as the technical or economic infeasibility, or the impracticality, of the affected source using the required method. (C) The owner or operator may submit the information required in this paragraph well in advance of the submittal dates to ensure a timely review by the Administrator in order to meet the compliance demonstration date specified in this section or the standard. (2) After receipt and consideration of written application, the Administrator may approve alternatives to any monitoring methods or procedures of this part including, but not limited to, the following: (A) Alternative monitoring requirements when installation of a CMS specified by the standard would not provide accurate measurements due to liquid water or other interferences caused by substances within the effluent gases; (B) Alternative monitoring requirements when the affected source is infrequently operated; (C) Alternative locations for installing CMS when the owner or operator can demonstrate that installation at alternate locations will enable accurate and representative measurements; (D) Alternate procedures for performing daily checks of zero (low-level) and high-level drift that do not involve use of high-level gases or test cells; (E) Alternatives to the American Society for Testing and Materials (ASTM) test methods or sampling procedures specified by any relevant standard; (F) Alternative monitoring requirements when the effluent from a single affected source or the combined effluent from two or more affected sources is released to the atmosphere through more than one point. (3) Status of request to use alternative monitoring method. (A) The Administrator will notify the owner or operator of approval or intention to deny approval of the request to use an alternative monitoring method within 30 calendar days after receipt of the original request and within 30 calendar days after receipt of any supplementary information that is submitted. Before disapproving any request to use an alternative monitoring method, the Administrator will notify the applicant of the Administrator's intention to disapprove the request together with: 1. Notice of the information and findings on which the intended disapproval is based. 2. Notice of opportunity for the owner or operator to present additional information to the Administrator before final action on the request. At the time the Administrator notifies the applicant of his or her intention to disapprove the request, the Administrator will specify how much time the owner or operator will have after being notified of the intended disapproval to submit the additional information. (B) If the Administrator approves the use of an alternative monitoring method for a source, the owner or operator shall continue to use the alternative monitoring method until he or she receives approval from the Administrator to use another monitoring method. (4) If the Administrator finds reasonable grounds to dispute the results obtained by an alternative monitoring method, requirement, or procedure, the Administrator may require the use of a specific method, requirement, or procedure. If the results of the specified and alternative method, requirement, or procedure do not agree, the results obtained by the specified method, requirement, or procedure shall prevail. (h) Monitoring data recorded during periods of unavoidable CMS breakdowns, out-of-control periods, repairs, maintenance periods, calibration checks, and zero (low-level) and high-level adjustments shall not be included in any data average computed. (1) A CMS is out of control if; (A) The zero (low-level), mid-level, or high level calibration drift (CD) exceeds two times the applicable performance specification; or (B) The CMS fails a performance test audit, relative accuracy test audit, or linearity test audit. (i) Summary Report - Gaseous and Continuous Monitoring System Performance. The summary report shall contain the following information: (1) The company name and address of the source; (2) The date of the report, and the beginning and ending dates of the reporting period; (3) A brief description of the process units; (4) The emission and operating parameter limitations specified in the standard; (5) The monitoring equipment manufacturer(s) and model number(s); (6) The date of the latest CMS certification or audit; (7) The total operating time during the reporting period; (8) An emissions data summary, including the total duration of excess emissions during the reporting period (recorded in hours), the total duration of excess emissions expressed as a percent of the operating time during the reporting period, and a breakdown of the total duration of excess emissions during the reporting period into those that are due to startup/shutdown, control or monitoring equipment problems, process or process equipment problems, quality assurance, quality control calibrations, other known causes, and other unknown causes; (9) A CMS performance summary, including the total CMS downtime recorded in hours, the total duration of CMS downtime expressed as a percent of the total source operating time during that reporting period, and a breakdown of the total CMS downtime during the reporting period into periods that are due to monitoring equipment malfunctions, nonmonitoring equipment malfunctions, quality assurance, quality control calibrations, other known causes, and other unknown causes; (10) A description of any changes in CMS, processes, or controls since the last reporting period; and (11) The name, title, and signature of the responsible official who is certifying the accuracy of the report. (j) Excess Emissions and Continuous Monitoring System Performance Report. The excess emission report shall contain the following information: (1) The name, title, and signature of the responsible official who is certifying the accuracy of the report; (2) The date and time identifying each period during which the CMS was inoperative except for zero (low-level) and high-level checks; (3) The date and time the identifying each period during which the CMS was out of control; (4) The specific identification (i.e. the date and time of commencement and completion) of each period of excess emissions and parameter monitoring exceedances, that occurs during periods other than startups, shutdowns, and malfunctions; (5) The specific identification (i.e. the date and time of commencement and completion) of each period of excess emissions and parameter monitoring exceedances, that occurs during startups, shutdowns, and malfunctions; (6) The nature and cause of any malfunction if known; (7) The corrective action taken or preventive measures adopted; (8) The nature of the repairs or adjustments to the CMS that was inoperative or out of control; and (9) The total process operating time during the reporting period. Appendix 2 Application for Construction or Modification (a) General requirements. An owner or operator shall submit to the district and Administrator an application for approval of the construction of a new affected source, or the modification of an existing source. Each application for approval of construction or modification shall include at a minimum: (1) The applicant's name and address; (2) A notification of intention to construct a new affected source or make any modification as defined in section 93108.5(a)(7); (3) The address (i.e., physical location) or proposed address of the source; (4) An identification of the relevant standard that is the basis of the application; (5) The expected commencement date of the construction or modification; (6) The expected completion date of the construction or modification. Facilities undergoing modification shall provide a brief description of the components that are to be replaced; (7) The anticipated date of (initial) startup of the source; (8) The mixture (100%, 12/88, 8/92 etc.,) and quantity of ethylene oxide emitted by the source, reported in units and averaging times and in accordance with the test methods specified in the standard, or if actual emissions data are not yet available, an estimate of the type and quantity of ethylene oxide expected to be emitted by the source reported in units and averaging times specified in the standard. The owner or operator may submit percent reduction information. Operating parameters, such as flow rate, shall be included in the submission to the extent that they demonstrate performance and compliance; and (9) An owner or operator who submits estimates or preliminary information in place of the actual emissions data and analysis shall submit the actual, measured emissions data and other correct information as soon as available but no later than with the "notification of compliance status." (b) Application for construction. Each application shall include technical information describing the proposed nature, size, design, operating design capacity, and method of operation of the source, including an identification of each point of emission for ethylene oxide and a description of the planned air pollution control system (equipment or method) for each emission point. The description of the equipment to be used for the control of emissions shall include the estimated control efficiency (percent) for each control device. The description of the method to be used for the control of emissions shall include an estimated control efficiency (percent) for that method. Such technical information shall include calculations of emission estimates in sufficient detail to permit assessment of the validity of the calculations. (c) Application for modification. Each application shall include in addition to the information in (a) above of this section the following: (1) A brief description of the affected source and the components that are to be replaced; (2) A description of present and proposed emission control systems (i.e., equipment methods) that will be used to comply with the standard in Table I. The description of the equipment to be used for the control of emissions shall include the estimated control efficiency (percent) for each control device. The description of the method to be used for the control of emissions shall include an estimated control efficiency (percent) for that method. Such technical information shall include calculations of emission estimates in sufficient detail to permit assessment of the validity of the calculations; (3) An estimate of the fixed capital cost of the replacements and of constructing a comparable entirely new source; and (4) The estimated life of the affected source after the replacement. s 93109. Perchloroethylene Airborne Toxic Control Measure -Dry Cleaning Operations. (a) Definitions. For the purpose of this section, the following definitions shall apply: (1) "Adsorptive cartridge filter" means a replaceable cartridge filter that contains diatomaceous earth or activated clay as the filter medium. (2) "Cartridge filter" means a replaceable cartridge filter that contains one of the following as the filter medium: paper, activated carbon, or paper and activated carbon. A cartridge filter contains no diatomaceous earth or activated clay. Cartridge filters include, but are not limited to: standard filters, split filters, "jumbo" filters, and all carbon polishing filters. (3) "Closed-loop machine" means dry cleaning equipment in which washing, extraction, and drying are all performed in the same single unit (also known as dry-to-dry) and which recirculates perchloroethylene-laden vapor through a primary control system with no exhaust to the atmosphere during the drying cycle. A closed-loop machine may allow for venting to the ambient air through a fugitive control system after the drying cycle is complete and only while the machine door is open. (4) "Co-located with a residence" means sharing a common wall, floor, or ceiling with a residence. For the purposes of this definition, "residence" means any dwelling or housing which is owned, rented, or occupied by the same person for a period of 180 days or more, excluding short-term housing such as a motel or hotel room rented and occupied by the same person for a period of less than 180 days. (5) "Converted machine" means an existing vented machine that has been modified to be a closed-loop machine by eliminating the aeration step, installing a primary control system, and providing for recirculation of the perchloroethylene-laden vapor with no exhaust to the atmosphere or workroom during the drying cycle. A converted machine may allow for venting to the ambient air through a fugitive control system after the drying cycle is complete and only while the machine door is open. (6) "Cool-down" means the portion of the drying cycle that begins when the heating mechanism deactivates and the refrigerated condenser continues to reduce the temperature of the air recirculating through the drum to reduce the concentration of perchloroethylene in the drum. (7) "Date of compliance" means the time from the effective date of this control measure in the district until a facility must be in compliance with the specific requirements of this control measure. (8) "Desorption" means regeneration of an activated carbon bed, or any other type of vapor adsorber by removal of the adsorbed solvent using hot air, steam, or other means. (9) "Dip tank operations" means the immersion of materials in a solution that contains perchloroethylene, for purposes other than dry cleaning, in a tank or container that is separate from the dry cleaning, in a tank or container that is separate from the dry cleaning equipment. (10) "District" means the local air pollution control district or air quality management district. (11) "Drum" means the rotating cylinder or wheel of the dry cleaning machine that holds the materials being cleaned. (12) "Dry cleaning equipment" means any machine, device, or apparatus used to dry clean materials with perchloroethylene or to remove residual perchloroethylene from previously cleaned materials. Dry cleaning equipment may include, b ut is not limited to, a transfer machine, a vented machine, a converted machine, a closed-loop machine, a reclaimer, or a drying cabinet. (13) "Dry cleaning system" means all of the following equipment, devices, or apparatus associated with the perchloroethylene dry cleaning process: dry cleaning equipment; filter or purification systems; waste holding, treatment, or disposal systems; perchloroethylene supply systems; dip tanks; pumps; gaskets; piping, ducting, fittings, valves, or flanges that convey perchloroethylene-contaminated air; and control systems. (14) "Drying cabinet" means a housing in which materials previously cleaned with perchloroethylene are placed to dry and which is used only to dry materials that would otherwise be damaged by the heat and tumbling action of the drying cycle. (15) "Drying cycle" means the process used to actively remove the perchloroethylene remaining in the materials after washing and extraction. For closed-loop machines, the heated portion of the cycle is followed by cool-down and may be extended beyond cool-down by the activation of a control system. The drying cycle begins when hearing coils are activated and ends when the machine ceases rotation of the drum. (16) "Environmental training program" means an initial course or a refresher course of the environmental training program for perchloroethylene dry cleaning operations that has been authorized by the Air Resources Board according to the requirements of 17 CCR, Section 93110. (17) "Equivalent closed-loop vapor recovery system" means a device or combination of devices that achieves, in practice, a perchloroethylene recovery performance equal to or exceeding that of refrigerated condensers. (18) "Existing facility" means any facility that operated dry cleaning equipment prior to the effective date of this control measure in the district. Facility relocations, within the same district, shall be considered existing facilities for the purposes of this control measure. (19) "Facility" means any entity or entities which: own or operate perchloroethylene dry cleaning equipment, are owned or operated by the same person or persons, and are located on the same parcel or contiguous parcels. (20) "Facility mileage" means the efficiency of perchloproethylene use at a facility, expressed as the pounds of materials cleaned per gallon of perchloroethylene used, and calculated for all dry cleaning machines at the facility over a specified time period. (21) "Fugitive control system" means a device or apparatus that collects fugitive perchloroethylene vapors from the machine door, button and lint traps, still, or other intentional openings of the dry cleaning system and routes those vapors to a device that reduces the mass of perchloroethylene prior to exhaust of the vapor to the atmosphere. (22) "Full-time employee" means any person who is employed at the dry cleaning facility and averages at least 30 hours per week in any 90-day period. (23) "Gallons of perchloroethylene used" means the volume of perchloroethylene, in gallons, introduced into the dry cleaning equipment, and not recovered at the facility for reuse on-site in the dry cleaning equipment, over a specified time period. (24) "Halogenated-hydrocarbon detector" means a portable device capable of detecting vapor concentrations of perchloroethylene of 25 ppmv or less and indicating an increasing concentration by emitting an audible signal or visual indicator that varies as the concentration changes. (25) "Liquid leak" means a leak of liquid containing perchloroethylene of more than 1 drop every 3 minutes. (26) "Materials" means wearing apparel, draperies, linens, fabrics, textiles, rugs, leather, and other goods that are dry cleaned. (27) "Muck cooker" means a device for heating perchloroethylene-laden waste material to volatilize and recover perchloroethylene. (28) "New facility" means a facility that did not operate any dry cleaning equipment prior to the effective date of this control measure in the district. Facility relocations, within the same district, shall not be considered new facilities for the purposes of this control measure. (29) "Perceptible vapor leak" means an emission of perchloroethylene vapor from unintended openings in the dry cleaning system, as indicated by the odor of perchloroethylene or the detection of gas flow by passing the fingers over the surface of the system. This definition applies for an interim period of 18 months only, beginning on the effective date of this control measure in the district. (30) "Perchloroethylene (Perc)" means the substance with the chemical formula 'C2C14', also known by the name 'tetrachloroethylene', which has been identified by the Air Resources Board and listed as a toxic air contaminant in 17 CCR, Section 93000. (31) "Perchloroethylene dry cleaning" or "dry cleaning" means the process used to remove soil, greases, paints, and other unwanted substances from materials with perchloroethylene. (32) "Pounds of materials cleaned per load" means the total dry weight, in pounds, of the materials in each load dry cleaned at the facility, as determined by weighing each load on a scale prior to dry cleaning and recording the value. (33) "Primary control system" means a refrigerated condenser, or an equivalent closed-loop vapor recovery system approved by the district. (34) "Reclaimer" means a machine, device, or apparatus used only to remove residual perchloroethylene from materials that have been previously cleaned in a separate piece of dry cleaning equipment. (35) "Reasonably available", as it applies to an initial course for the environmental training program, means that the course is offered within 200 miles of the district boundaries and that all such courses have a capacity, in the aggregate, that is adequate to accommodate at least one person from each facility in the district required to certify a trained operator at that time. (36) "Refrigerated condenser" means a closed-loop vapor recovery system into which perchloroethylene vapors are introduced and trapped by cooling below the dew point of the perchloroethylene. (37) "Secondary control system" means a device or apparatus that reduces the concentration of perchloroethylene in the recirculating air at the end of the drying cycle beyond the level achievable with a refrigerated condenser alone. An "integral" secondary control system is designed and offered as an integral part of a production package with a single make and model of dry cleaning machine and primary control system. An "add-on" secondary control system is designed or offered as a separate retrofit system for use on multiple machine makes and models. (38) "Self-service dry cleaning machine" means a perchloroethylen dry cleaning machine that is loaded, activated, or unloaded by the customer. (39) "Separator" means any device used to recover perchloroethylene from a water-perchloroethylene mixture. (40) "Still" means a device used to volatilize and recover perchloroethylene from contaminated solvent removed from the cleaned materials. (41) "Trained operator" means the owner, the operator, or an employee of the facility, who holds a record of completion for the initial course of an environmental training program and maintains her/his status by successfully completing the refresher courses as required. (42) "Transfer machine" means a combination of perchloroethylene dry cleaning equipment in which washing and extraction are performed in one unit and drying is performed in a separate unit. (43) "Vapor adsorber" means a bed of activated carbon or other adsorbent into which perchloroethylene vapors are introduced and trapped for subsequent desorption. (44) "Vapor leak" means an emission of perchloroethylene vapor from unintended openings in the dry cleaning system, as indicated by a rapid audible signal or visual signal from a halogenated-hydrocarbon detector or a concentration of perchloroethylene exceeding 50 ppmv as methane as indicated by a portable analyzer. This definition applies beginning 18 months after the effective date of this control measure in the district. (45) "Vented machine" means dry cleaning equipment in which washing, extraction, and drying are all performed in the same single unit and in which fresh air is introduced into the drum in the last step of the drying cycle and exhausted to the atmosphere, either directly or through a control device. (46) "Waste water evaporator" means a device that vaporizes perchloroethylene-contaminated waste water through the addition of thermal or chemical energy, or through physical action. (47) "Water-repelling operations" means the treatment of materials with a water-repellent solution that contains perchloroethylene. (b) Applicability. Any person who owns or operates perchloroethylene dry cleaning equipment shall comply with Section 93109. (c) Initial Notification. The owner/operator shall provide the district with all of the following information, in writing: (1) By the applicable date shown in column 2 of Table 1. (A) The name(s) of the owner and operator of the facility. (B) The facility name and location. (C) Whether or not the facility is co-located with a residence. (D) The number, types, and capacities of all dry cleaning equipment. (E) Any control systems for each dry cleaning machine. (F) For existing facilities only, the gallons of perchloroethylene purchased by the facility during the previous calendar year. (2) A district may exempt a source from item (1) of this subsection if the district maintains current equivalent information on the facility. (d) Recordkeeping. The owner/operator shall maintain records for the specified time period, beginning on the applicable date shown in column 3 of Table 1. The records, or copies thereof, shall be accessible at the facility at all times. (1) All of the following records shall be retained for at least 2 years or until the next district inspection of the facility, whichever period is longer. (A) For each dry cleaning machine, a log showing the date and the pounds of materials cleaned per load. (B) Purchase and delivery receipts for perchloroethylene. 1. For only those facilities with solvent tanks that are not directly filled by the perchloroethylene supplier upon delivery, the date(s) and gallons of perchloroethylene added to the solvent tank of each dry cleaning machine. (C) The completed leak inspection checklists required by subsection (f)(2) and the operation and maintenance checklists required by subsection (f)(1)(A). (D) For liquid leaks, perceptible vapor leaks, or vapor leaks that were repaired at the time of detection, a record of the leaking component(s) of the dry cleaning system awaiting repair and the action(s) taken to complete the repair. The record shall include copies of purchase orders or other written records showing when the repair parts were ordered and/or service was requested. (2) For dry cleaning equipment installed after the effective date of this control measure in the district, the manufacturer's operating manual for all components of the dry cleaning system shall be retained for the life of the equipment. (3) The original record of completion for each trained operator shall be retained during the employment of that person. A copy of the record of completion shall be retained for an additional period of two years beyond the separation of that person from employment at the facility. (e) Annual Reporting. The owner/operator shall maintain an annual report. At the district's discretion, the facility owner or operator shall furnish this annual report to the district by the date specified by the district. The annual report shall include all of the following: (1) A copy of the record of completion for each trained operator. (2) The total of the pounds of materials cleaned per load and the gallons of pechloroethylene used for all solvent additions in the reporting period. (3) The average facility mileage, determined from all solvent additions in the reporting period, as follows: The Total of the Pounds of Materials Cleaned Per Load _____________________________________________________ The Total of the Gallons of Perchloroethylene Used (f) Good Operating Practices. The owner/operator shall not operate dry cleaning equipment after the applicable dates shown in column 5 and column 6 of Table 1, unless all of the following requirements are met: (1) Operation and maintenance requirements. The trained operator, or his/her designee, shall operate and maintain all components of the dry cleaning system in accordance with the requirements of this section and the conditions specified in the facility's operating permit beginning on the applicable date specified in column 5 of Table 1. For operations not specifically addressed, the components shall be operated and maintained in accordance with the manufacturer's recommendations. (A) The district shall provide an operation and maintenance checklist to the facility. Each operation and maintenance function and the date performed shall be recorded on the checklist. The operation and maintenance checklist provided by the district shall include, at a minimum, the following requirements: 1. Refrigerated condensers shall be operated to ensure that exhaust gases are recirculated until the air-vapor stream temperature on the outlet side of the refrigerated condenser, downstream of any bypass, is less than or equal to 45 degrees F (7.2 degrees C). 2. Primary control systems, other than refrigerated condensers, shall be operated to ensure that exhaust gases are recirculated until the perchloroethylene concentration in the drum is less than or equal to 8,600 ppmv at the end of the drying cycle, before the machine door is opened and any fugitive control system activates. 3. Vapors adsorbers used as a primary control system or secondary control system shall be operated to ensure that exhaust gases are recirculated at the temperature specified by the district, based on the manufacturer's recommendations for optimum adsorption. These vapor adsorbers shall be desorbed according to the conditions specified by the district in the facility's operating permit, including a requirement that no perchloroethylene vapors shall be routed to the atmosphere during routine operation or desorption. 4. During the interim period between compliance with this subsection and compliance with the requirements of subsection (g), an existing facility with a transfer machine or a vented machine shall operate any existing carbon adsorber, which functions during the drying cycle, to meet the following requirements: i. Desorption shall be performed periodically, at the frequency specified by the district. The frequency, at a minimum, shall be each time all dry cleaning equipment exhausted to the device has cleaned a total of three pounds of materials for each pound of activated carbon. Desorption shall be performed with the minimum steam pressure and air flow capacity specified by the district. ii. Once desorption is complete, the carbon bed shall be fully dried according to the manufacturer's instructions. iii. No vented perchloroethylene vapors shall bypass the carbon adsorber to the atmosphere. 5. Cartridge filters and adsorptive cartridge filters shall be handled using one of the following methods. i. Drained in the filter housing, before disposal, for no less than: 24 hours for cartridge filters and 48 hours for adsorptive cartridge filters. If the filters are then transferred to a separate device to further reduce the volume of perchloroethylene, this treatment shall be done in a system that routes any vapor to a primary control system, with no exhaust to the atmosphere or workroom. ii. Dried, stripped, sparged, or otherwise treated, within the sealed filter housing, to reduce the volume of perchloroethylene contained in the filter. 6. A still, and any muck cooker, shall not exceed 75 percent of its capacity, or an alternative level recommended by the manufacturer. A still, and any muck cooker, shall cool to 100 degrees F (38 degrees C) or less before emptying or cleaning. 7. Button and lint traps shall be cleaned each working day and the lint placed in a tightly sealed container. 8. All parts of the dry cleaning system where perchloroethylene may be exposed to the atmosphere or workroom shall be kept closed at all times except when access is required for proper operation and maintenance. 9. Waste water evaporators shall be operated to ensure that no liquid perchloroethylene or visible emulsion is allowed to vaporize. (2) Leak check and repair requirements. The trained operator, or her/his designee, shall inspect the dry cleaning system for liquid leaks and perceptible vapor leaks beginning on the applicable date shown in column 5 of Table 1. The trained operator, or her/his designee, shall inspect the dry cleaning system for vapor leaks instead of perceptible vapor leaks beginning 18 months after the effective date of this control measure in the district. The district shall provide a leak inspection checklist to the facility. The trained operator, or her/his designee, shall record the status of each component on the checklist. (A) The dry cleaning system shall be inspected at least once per week for liquid leaks and: 1. For perceptible vapor leaks, beginning on the applicable date shown in column 5 of Table 1 until 18 months after the effective date of this control measure in the district. 2. For vapor leaks, beginning 18 months after the effective date of this control measure in the district, using one of the following techniques: i. A halogenated-hydrocarbon detector. ii. A portable gas analyzer or an alternative method approved by the district. (B) Any liquid leak, perceptible vapor leak, or vapor leak that has been detected by the operator shall be noted on the checklist and repaired according to the requirements of this subsection. If the leak is not repaired at the time of detection, the leaking component shall be physically marked or tagged in a manner that is readily observable by a district inspector. (C) Any liquid leak, perceptible vapor leak, or vapor leak detected by the district, which has not been so noted on the checklist and marked on the leaking component of the dry cleaning system, shall constitute a violation of this section. For enforcement purposes, the district shall: 1. Identify the presence of a perceptible vapor leak based on the odor of perchloroethylene or the detection of gas flow by passing the fingers over the surface of the system. 2. Identify the presence of a vapor leak by determining the concentration of perchloroethylene with a portable analyzer: i. According to ARB Test Method 21 (17 CCR, Section 94124, March 28, 1986). ii. Measured 1 cm. away from the dry cleaning system. (D) Any liquid leak or vapor leak shall be repaired within 24 hours of detection. 1. If repair parts are not available at the facility, the parts shall be ordered within two working days of detecting such a leak. Such repair parts shall be installed within five working days after receipt. A facility with a leak that has not been repaired by the end of the 15th working day after detection shall not operate the dry cleaning equipment, until the leak is repaired, without a leak-repair extension from the district. 2. A district may grant a leak-repair extension to a facility, for a single period of 30 days or less, if the district makes these findings: i. The delay in repairing the leak could not have been avoided by action on the part of the facility. ii. The facility used reasonable preventive measures and acted promptly to initiate the repair. iii. The leak would not significantly increase Perc exposure near the facility. iv. The facility is in compliance with all other requirements of this section and has a history of compliance. (3) Environmental training requirements. The facility shall have one or more trained operators beginning on the applicable date shown in column 6 of Table 1. (A) A trained operator shall be the owner, the operator, or another employee of the facility, who successfully completes the initial course of an environmental training program to become a trained operator. Evidence of successful completion of the initial course shall be the original record of completion issued pursuant to 17 CCR, Section 93110. The trained operator shall be a full-time employee of the facility. Except for the provisions of subsection (f)(3)(C)2., one person cannot serve as the trained operator for two or more facilities simultaneously. (B) Each trained operator shall successfully complete the refresher course of an environmental training program at least once every three years. Evidence of successful completion of each refresher course shall be the date of the course and the instructor's signature on the original record of completion. (C) If the facility has only one trained operator and the trained operator leaves the employ of the facility, the facility shall: 1. Notify the district in writing within 30 days of the departure of the trained operator. 2. Obtain certification for a replacement trained operator within 3 months, except that a trained operator who owns or manages multiple facilities may serve as the interim trained operator at two of those facilities simultaneously for a maximum period of 4 months, by which time each facility must have its own trained operator. 3. If the district determines that the initial course of an environmental training program is not reasonably available, the district may extend the certification period for a replacement trained operator until 1 month after the course is reasonably available. (g) Equipment. The owner/operator shall not operate dry cleaning equipment after the applicable date shown in column 7 of Table 1, unless the following requirements are met: (1) Prohibited Equipment. The owner/operator shall not operate any of the following types of dry cleaning equipment after the applicable date shown in column 7 of Table 1. (A) A transfer machine, including any reclaimer or other device in which materials that have been previously dry cleaned with perchloroethylene are placed to dry, except a drying cabinet that meets the requirements of item (4)(A) of this subsection. (B) A vented machine. (C) A self-service dry cleaning machine. (2) Required Equipment. The owner/operator of each new or existing facility shall meet the applicable requirements of Table 1 as follows: (A) For an existing facility: 1. Within 12 months of the effective date of this control measure in the district, choose either Option 1 or Option 2 of Table 1 and notify the district of her/his choice. 2. Comply with the requirements of Option 2, notwithstanding her/his choice of Option 1, if the facility does not meet the applicable requirements for Option 1 within 18 months of the effective date of this control measure in the district. 3. Install, operate, and maintain the required equipment shown in column 1 of Table 1 for existing facilities. (B) A new facility shall install, operate, and maintain the required equipment shown in column 1 of Table 1 for new facilities. The applicable requirements shall be determined based on the date the facility commences operation of the dry cleaning equipment. (3) Specifications for Required Equipment. Required equipment shall meet the following specifications: (A) A primary control system shall: 1. Operate during both the heated and cool-down phases of the drying cycle to reduce the mass of perchloroethylene in the recirculating air stream. 2. Not exhaust to the atmosphere or workroom. 3. Not require the addition of any form of water to the primary control system that results in physical contact between the water and perchloroethylene. 4. For refrigerated condensers only: i. Be capable of achieving an outlet vapor temperature, downstream of any bypass, of less than or equal to 45F (7.2C) during cool-down; and ii. Have a graduated thermometer with a minimum range from 0F (-18C) to 150F (66C), which measures the temperature of the outlet vapor stream, downstream of any bypass of the condenser, and is easily visible to the operator. 5. For equivalent closed-loop vapor recovery systems: i. Use a technology that has been demonstrated, pursuant to the requirements of subsection (h), to achieve a perchloroethylene concentration of 8.600 ppmv or less in each test. ii. Have a device that measures the perchloroethylene concentration, or a demonstrated surrogate parameter, in the drum at the end of each drying cycle, before the machine door is opened and any fugitive control system activates, and indicates if the concentration is above or below 8.600 ppmv. This device shall be installed such that the reading is easily visible to the operator. (B) A converted machine shall meet all of the following requirements, as demonstrated on-site to the district, either upon conversion or prior to compliance with the requirements of subsection (g)(2)(A): 1. All process vents that exhaust to the atmosphere or workroom during washing, extraction, or drying shall be sealed. 2. The converted machine shall use an appropriately-sized primary control system to recover perchloroethylene vapor during the heated and cool-down phases of the drying cycle. i. A refrigerated condenser shall be considered appropriately sized, for a machine converted on or after the date that this section is filed with the Secretary of State, if all of the following conditions are met: a. The water-cooled condensing coils are replaced with refrigerant-cooled condensing coils. b. The compressor of the refrigerated condenser shall have a capacity, in horsepower (hp) that is no less than the minimum capacity, determined as follows: Minimum = Capacity of the Machine (lbs) _____________________________ Capacity (hp) 12 ii. A refrigerated condenser shall be considered appropriately sized, for a machine converted prior to the date that this section is filed with the Secretary of State, if the conditions a., or b. below are met: a. The refrigerated condenser shall meet the specifications for new conversions in subsection (g)(3)(B)2.i. b. The refrigerated condenser shall achieve, and maintain for 3 minutes, an outlet vapor temperature, measured downstream of the condenser and any bypass of the condenser, of less than or equal to 45F (7.2C) within 10 minutes of the initiation of cool-down. iii. An equivalent closed-loop vapor recovery system shall be appropriately sized for the conversion of a vented machine if the system does not extend the total drying time by more than five minutes to meet the specifications of subsection (g)(3)(A)5. 3. The converted machine shall operate with no liquid leaks and no vapor leaks. Any seal, gasket, or connection determined to have a liquid leak or vapor leak shall be replaced. (C) A secondary control system shall: 1. Be designed to function with a primary control system or be designed to function as a combined primary control system and secondary control system that meets all of the applicable requirements of this section. 2. Not exhaust to the atmosphere or workroom. 3. Not require the addition of any form of water to the secondary control system that results in physical contact between the water and perchloroethylene. 4. Use a technology that has been demonstrated, pursuant to the requirements of subsection (h), to achieve a perchloroethylene concentration in the drum of 300 ppmv or less in each test. 5. Have a holding capacity equal to or greater than 200 percent of the maximum quantity of perchloroethylene vapor expected in the drum prior to activation of the system. 6. For add-on secondary control systems only, the system shall be sized and capable of reducing the perchloroethylene concentration in the drum from 8,600 ppmv or greater to 300 ppmv or less in the maximum volume of recirculating air in the dry cleaning machine and all contiguous piping. (4) Specifications for Other Equipment. (A) A drying cabinet shall: 1. Be fully enclosed. 2. Be exhausted via one of the following methods: i. To a control system that has been demonstrated, pursuant to the requirements of subsection (h), to achieve a perchloroethylene concentration of 100 ppmv or less in each test, measured at the outlet without dilution. ii. To a control system that reduces the concentration of perchloroethylene in a closed system with no exhaust to the atmosphere or workroom. (h) Equipment Testing. For a given design, a single test program shall be conducted, in accordance with the following procedures, to meet the specifications in subsections (g)(3) and (g)(4). The person or organization conducting the test program shall prepare a written test plan that describes, in detail, the dry cleaning machine and control systems being tested, the test protocol, and the test method. (1) Test Program and Scope. A minimum of three tests shall be conducted for each test program on each control system design. All tests for a single test program shall be conducted on a single dry cleaning machine. (A) Test results for a primary control system design, or an add-on secondary control system design, may be applied to a different make/model of dry cleaning machine if the equipment designer or facility demonstrates, to the satisfaction of the district, that: 1. The test results would be representative of the performance of the control system design on the different make/model of dry cleaning machine. 2. The control system design is properly sized for the maximum volume of recirculating air in the dry cleaning machine during the drying cycle. (B) Test results for an integral secondary control system design may not be applied to a different make/model of dry cleaning machine. (2) Test Conditions. Testing shall be conducted under normal operating conditions, unless otherwise specified. (A) For primary control systems and secondary control systems, each test shall be conducted during the cleaning of one load of materials. 1. The machine shall be filled to no less than 75 percent of its capacity with materials for each test. 2. The weight of materials shall be recorded for each test. (B) A primary control system shall be tested on a closed-loop machine, or a converted machine, without a secondary control system. (C) A secondary control system shall be tested on a closed-loop machine. 1. An integral secondary control system shall be tested with the primary control system operating normally. 2. An add-on secondary control system shall be tested independent of a primary control system and the initial perchloroethylene concentration in the drum shall be 8,600 ppmv or greater. (D) For a control system on the exhaust of a drying cabinet, each test shall be conducted following the placement of materials cleaned with perchloroethylene in the drying cabinet. The materials shall be transferred to the drying cabinet and testing shall begin no later than 15 minutes after the end of the washing and extraction process. 1. The drying cabinet shall be filled to no less than 50 percent of its capacity with materials for each test. 2. The weight of materials shall be recorded for each test. (3) Test Method. Equipment shall be tested in accordance with the following methods. (A) For primary control systems and secondary control systems: 1. The temperature of the air in the drum shall be measured and recorded continuously during the entire drying cycle, including the operation of the secondary control system. 2. Sampling shall be conducted as follows: i. For primary control systems and integral secondary control systems, sampling shall begin at the end of the drying cycle and be completed within 5 minutes. ii. For add-on secondary control systems, sampling shall be done when the concentration of perchloroethylene is 8,600 ppmv or greater and again when the concentration reaches 300 ppmv or less. iii. Sampling shall be completed prior to the opening of the machine door and activation of any fugitive control system. 3. The perchloroethylene concentration in the drum shall be determined by one of the following methods: i. A sampling port and valve shall be appropriately placed to draw a sample from the interior of the drum or the lint filter housing. The sampling port shall be connected to a gas chromatograph by one-quarter (1/4-) inch, outside diameter, Teflon tubing. Any sampling pump shall have Teflon diaphragms. The gas chromatograph shall measure the concentrations of perchloroethylene in accordance with ARB Method 422 (17 CCR, Section 94132, December 31, 1991) or NIOSH Method 1003 (NIOSH Manual of Analytical Methods, U.S. Department of Health and Human Services, August 15, 1987). ii. A sampling port and valve shall be appropriately placed to draw a sample from the interior of the drum or the lint filter housing. The sampling port shall be connected by one-quarter (1/4-) inch outside diameter Teflon tubing to a Tedlar bag. Any sampling pump shall have Teflon diaphragms. The concentration of perchloroethylene in the air sampled shall be measured in accordance with ARB Method 422 (17 CCR, Section 94132, December 31, 1991) or NIOSH Method 1003 (NIOSH Manual of Analytical Methods, U.S. Department of Health and Human Services, August 15, 1987) within 24 hours of sampling. If an independent laboratory is contracted to perform the analysis of the samples, the chain of custody procedures contained in ARB Method 422 or NIOSH Method 1003 shall be followed. (B) For a control device on the exhaust of a drying cabinet, sampling and analysis shall be conducted using ARB Method 422 (17 CCR, Section 94132, December 31, 1991) or NIOSH Method 1003 (NIOSH Manual of Analytical Methods, U.S. Department of Health and Human Services, August 15, 1987). (C) An alternative test method deemed acceptable by the Air Pollution Control Officer or Executive Officer of the district and the Executive Officer of the Air Resources Board. (4) All test plans and test results shall be made available to the district and the Executive Officer of the California Air Resources Board upon request. (i) Water-repelling and Dip Tank Operations. No person shall perform water-repelling or dip tank operations, after the applicable date shown in column 8 of Table 1, unless all of the following requirements are met: (1) All materials to be treated with perchloroethylene water-repelling solutions shall be treated in a closed-loop machine, a converted machine, or a dip tank. (2) For dip tank operations: (A) The dip tank shall be fitted with a cover that prevents the escape of perchloroethylene vapors from the tank and shall remain covered at all times, except when materials are placed in and removed from the dip tank or while the basket is moved into position for draining. (B) After immersion, the materials shall be drained within the covered dip tank until dripping ceases. (C) All materials removed from a dip tank shall be immediately placed into a closed-loop machine or a converted machine for drying and not removed from the machine until the materials are dry. (j) Compliance. A facility shall comply with all provisions of this section as follows: (1) By the applicable dates of compliance specified in column 1 through column 8 of Table 1. (2) For compliance with subsection (f)(3) "Environmental Training Requirements", an alternative date of compliance shall apply if the district determines that the initial course of an environmental training program for perchloroethylene dry cleaning operations is not reasonably available. (A) For existing facilities in the district, if the initial course is not reasonably available within 12 months of the effective date of this control measure in the district, the alternative date of compliance for subsection (f)(3) only shall be 6 months from the date the district determines that the initial course is reasonably available. (B) For each new facility in the district, if the initial course is not reasonably available within the period from 3 months prior to 2 months following commencement of operation, the alternative date of compliance for subsection (f)(3) only shall be 1 month from the date the district determines that the initial course is reasonably available. Note: Authority cited: Sections 39600, 39601, 39650, 39655, 39656, 39658, 39659, 39665 and 39666, Health and Safety Code; Sections 7412 and 7416, Title 42, United States Code. Reference: Sections 39650, 39655, 39656, 39658, 39659 and 39666, Health and Safety Code; Sections 7412 and 7414, Title 42, United States Code; and Sections 63.320, 63.321, 63.323 and 63.324, Title 40, Code of Federal Regulations. s 93110. Environmental Training Program for Perchloroethylene Dry Cleaning Operations. (a) Definitions. For the purposes of this section, the definitions in 17 CCR, Section 93109 and the following definitions shall apply: (1) "Course authorization request" means a written request topresent the initial course or refresher course which includes the items specified in subsection (c)(1). (2) "Identification" means a document that includes a picture and a signature, such as a driver's license, State identification card, or passport. (3) "Initial course" means training presented in accordance with the requirements of this section for the purpose of achieving the training objectives in subsection (g). (4) "Instructor" means a person responsible for presenting the curriculum and verifying the identification of trainees. (5) "Record of completion" means a certificate issued to a trainee who completes the initial course. (6) "Refresher course" means training presented in accordance with the requirements of this section for the purpose of achieving the training objectives in subsection (h). (7) "Trainee" means an individual who is taking the initial course or the refresher course. (b) General Provisions. (1) The Executive Officer of the ARB may authorize persons or organizations to present courses for individuals seeking to qualify, or maintain their qualification, as trained operators as required in 17 CCR, Section 93109(f)(3). (2) Persons or organizations shall apply to ARB for authorization to present the initial course, the refresher course, or both courses. Applicants for authorization to present both courses shall file separate course authorization requests for each course. (3) Authorization to present the course is granted to the person or organization that completes the authorization process and shall not be sold, traded, or transferred to any other person or organization. (4) Persons or organizations authorized to offer these courses shall not require membership in an association or purchase of a product as a prerequisite to enrollment or successful completion of the course. (5) Persons or organizations shall not represent any course as an authorized course unless the course is presented in accordance with the provisions of subsection (d) and the person or organization has been authorized by ARB to present the course. (6) Failure to comply with the requirements of this section shall be cause for ARB to cancel authorization to present the course. Cancellation shall be effective 10 days following notice of cancellation. Such notice shall state the reasons for cancellation. (7) Each authorization shall be effective for three years unless cancelled in accordance with the provisions of subsection (b)(6). (c) Requirements for Authorization to Present Course(s). (1) All of the following information and related materials shall be included in the course authorization request to be prepared and submitted to the ARB by any person or organization desiring to present an initial or refresher course: (A) The minimum and maximum number of courses and locations of courses, by city or county, that the applicant will present, and the language in which they will be presented. (B) A description of the instructional equipment and visual aids to be used. (C) A statement of each instructor's qualifications. Instructors shall have demonstrated background in, and knowledge of, the following: operation and maintenance of dry cleaning systems, pollution prevention procedures, and environmental regulations pertaining to dry cleaning operations in California. (D) A summary of topics to be presented, an hourly schedule indicating time to be spent on each topic, and the proposed instructor for each topic (including any special qualifications for that topic, if applicable). (E) A copy of the proposed curriculum to be used if not using an ARB-developed curriculum. (F) A written policy regarding refunds of prepaid fees, in the event the course is cancelled, rescheduled, or relocated. (G) The method to be used to determine the identity of the trainee. (H) Projected class size and a plan for achieving the trainee/instructor ratio specified in (d)(1)(C). If a greater ratio is proposed, a demonstration that the course objectives can be satisfied with the ratio. (2) Review of course authorization requests. (A) Within 30 calendar days of receipt of a course authorization request or receipt of additional information requested by the ARB in accordance with subsection (c)(2)(B), the ARB shall review the course authorization request and shall notify the applicant, in writing, that the request is either complete or incomplete. (B) If incomplete, the ARB shall inform the applicant of the information which must be submitted to complete the request. If the applicant does not provide the information necessary to complete the request within 90 days of the date of notification, the application shall be automatically denied. (C) The ARB shall evaluate each complete course authorization request in accordance with the requirements of subsection (c)(2)(D). Within 60 days of notification that the request is complete, the ARB shall notify the applicant in writing that the course is approved or disapproved. Notice of disapproval shall state the reasons for disapproval. (D) The ARB shall evaluate each request for authorization to present a course in accordance with all of the following factors: 1. Adequacy of the information submitted pursuant to subsection (c)(1). The ARB shall be permitted to conduct an individual interview to verify instructor qualifications. 2. Conformity of course content with the training objectives in subsection (g) for the initial course and in subsection (h) for the refresher course. 3. Incorporation of trainee participation and hands-on training with halogenated-hydrocarbon detectors. (d) Requirements for Presenting the Course. (1) The authorized person or organization shall do all of the following: (A) Ensure that the course incorporates all of the training objectives, specified in subsection (g) for an initial course and in subsection (h) for a refresher course. (B) Ensure that the course is taught by an instructor whose qualifications have been approved by the ARB. (C) Ensure that class size does not exceed 30 trainees per instructor or an alternative ratio approved by the ARB. (D) Provide a copy of the fee refund policy to each trainee prior to registration. (E) Verify the identify of the trainee. (F) Provide a copy of the course manual to each trainee to keep. (G) Distribute records of completion within 10 working days to persons who have completed the course. The records shall bear all the following: 1. The name of the person who completed the course. 2. The identification number and type of document presented to verify identity. 3. The date the initial course was completed. 4. The signature of the instructor who verified the trainee's identity and attendance for the initial course. 5. The date each refresher course was completed and the signature of the instructor for the refresher course. (2) Within 10 working days after each course presentation, the authorized person or organization shall submit to ARB the information specified in subsection (e)(2) and a certification that the instructor verified the identify and attendance of each trainee. (e) Records of Completion. (1) ARB shall provide validated record blanks to the person or organization authorized to present training. Validated record blanks shall bear the seal of the State of California and a unique number. All damaged or unused records shall be returned to the ARB. (2) ARB shall maintain all of the following information on each trained operator: (A) The trained operator's full name. (B) The type and document number of identification provided by the trainee and noted on the record of completion. (C) The number of the record issued to the trained operator. (D) The date the initial course was completed and the course instructor. (E) The date each refresher course was completed and the course instructor. (3) Replacement of lost records: (A) A trained operator may request a replacement record from the ARB. The request shall be in writing and shall include all of the following information: 1. The full name and current mailing address of the trained operator. 2. The type and document number of the identification provided at the initial course. 3. The number of the original record issued to the trained operator. 4. The date and instructor of the most recent refresher course. (B) Within 30 working days after receiving a complete request for a replacement record, ARB shall issue a replacement record or notify the applicant of reasons for not issuing a record. (f) Appeals Process. (1) A decision regarding denial of authorization may be appealed to the Executive Officer of the ARB. The appeal and all supporting documentation shall be submitted in writing to the Executive Officer within 30 days of the date of the notice of denial. (2) Within 30 calendar days of receipt of the appeal, the Executive Officer shall respond to the appellant in writing with a decision and associated reasons upon which the decision is based. (g) Training Objectives for the Initial Course. The primary objectives of the training course shall be to promote understanding of the airborne toxic control measure for emissions of perchloroethylene from dry cleaning operations (17 CCR, Section 93109), how to comply with that control measure, and the advantages of minimizing releases of perchloroethylene to the environment. The training shall include all of the following topics and shall be designed to help trainees develop the knowledge and ability to do all of the following: (1) Determine and keep records, according to the requirements of 17 CCR, Section 93109, of: (A) The pounds of materials cleaned per load, (B) The gallons of perchloroethylene used, (C) The facility mileage achieved, and (D) Repairs made to leaking components of the dry cleaning system. (2) Check for and recognize liquid leaks and vapor leaks, according to the requirements of 17 CCR, Section 93109. (3) Complete a leak inspection checklist. (4) Inspect the components of the dry cleaning system and identify maintenance needs. (5) Operate and maintain the dry cleaning system, according to the requirements of 17 CCR, Section 93109. (6) Properly operate waste water evaporators, according to the requirements of 17 CCR, Section 93109. (7) Complete an operation and maintenance checklist. (8) Prevent, contain, and properly clean up perchloroethylene spills. (9) Identify and utilize waste disposal practices that minimize perchloroethylene loss to the environment. (10) Understand how to achieve and maintain good perchloroethylene mileage. (11) Distinguish between a transfer machine, a vented machine, a converted machine, and a closed-loop machine. (12) Identify perchloroethylene health effects, recognize signs of excessive exposure, and know when personal protective equipment may be necessary to meet workers safety regulations. (13) Use the course manual as a reference tool to determine applicable environmental regulations established by: (A) ARB, (B) Districts, (C) Department of Toxic Substances Control, (D) Water Resources Control Board and Regional Water Quality Control Boards. (E) Local sanitation districts, and (F) Department of Industrial Relations, Division of Occupational Safety and Health (Cal/OSHA regulations in Title 8 CCR). (14) Recognize the purpose and types of the following: (A) Refrigerated condensers, (B) Vapor adsorbers, (C) Secondary control systems, (D) Fugitive control systems, (E) Spill containment systems, (F) Filtration systems, and (G) Stills. (h) Training Objectives for the Refresher Course. The refresher course shall include all of the following topics and activities: (1) Improvements in dry cleaning equipment. (2) Improvements in waste handling techniques and equipment. (3) Improvements in perchloroethylene reclamation processes and equipment. (4) Improvements in leak detectors. (5) Updated environmental regulations. (6) Other topics of interest to dry cleaners. (7) Updates to the course manual. Note: Authority cited: Sections 39600, 39601, 39650, 39655, 39656, 39658, 39659, 39665 and 39666, Health and Safety Code; and Sections 7412 and 7416, Title 42, United States Code. Reference: Sections 39650, 39655, 39656, 39658, 39659 and 39666, Health and Safety Code. s 93111. Chlorinated Toxic Air Contaminants Airborne Toxic Control Measure-- Automotive Maintenance and Repair Activities. (a) Applicability (1) Except as provided in subdivision (b), this section applies to any person who sells, supplies, offers for sale, or manufactures automotive consumer products for use in automotive maintenance or repair activities in California. (2) This section also applies to the owner or operator of any automotive maintenance facility or automotive repair facility that uses automotive consumer products in California. (b) Exemptions (1) This section does not apply to any automotive consumer product manufactured in California for shipment and use outside of California. (2) This section does not apply to a manufacturer or distributor who sells, supplies or offers for sale in California an automotive consumer product that does not comply with the standards specified in subdivision (d) if the manufacturer or distributor can demonstrate to the satisfaction of the Executive Officer both of the following: (A) the automotive consumer product is intended for shipment and use outside of California, and (B) the manufacturer or distributor has taken reasonable prudent precautions to assure that the automotive consumer product is not sold, offered for sale, or distributed in California. This subdivision (2) does not apply to manufacturers or distributors of automotive consumer products if the products are sold, supplied, or offered for sale by any person to retail outlets in California. (3) This section does not apply to solvent cleaning machines or to liquid products as defined in subsection (c)(17) that are designed, labeled, promoted and advertised (expressed or implied) solely for use in a solvent cleaning machine. (c) Definitions. For the purposes of this section, the following definitions apply: (1) "Aerosol Product" means a pressurized spray system that dispenses product ingredients by means of a propellant or mechanically induced force. Any user-pressurized system that uses compressed air as a propellant is considered to be an "Aerosol Product". "Aerosol Product" does not include pump sprayers. (2) "ASTM" means the American Society for Testing and Materials. (3) "Automotive Consumer Product" for the purposes of this section, means any of the following chemically formulated aerosol products or liquid products used in automotive maintenance or repair activities: (A) brake cleaners, (B) carburetor or fuel-injection air intake cleaners, (C) engine degreasers, and (D) general purpose degreasers intended for use in automotive maintenance or repair activities. (4) "Automotive Maintenance Facility or Automotive Repair Facility (Facility)" means any establishment at which a person repairs, rebuilds, reconditions, services, or maintains in any way, motor vehicles. "Facility" includes entities required to be registered by the California Department of Consumer Affairs, Bureau of Automotive Repair, and entities that service or repair a fleet of ten or more motor vehicles. "Facility" does not include private residences or entities that are involved only in motor vehicle body work or painting. (5) "Automotive Maintenance or Repair Activities" means any service, repair, restoration, or modification activity to a motor vehicle in which cleaning or degreasing products could be used including, but not limited to, brake work, engine work, machining operations, and general degreasing of engines, motor vehicles, parts, or tools. (6) "Brake Cleaner" means a cleaning product designed, labeled, promoted or advertised (expressed or implied) to remove oil, grease, brake fluid, brake pad material or dirt from motor vehicle brake mechanisms and parts. (7) "Carburetor or Fuel-Injection Air Intake Cleaner" means a product designed, labeled, promoted or advertised (expressed or implied) to remove fuel deposits, dirt, or other contaminants from a carburetor, choke, throttle body of a fuel-injection system, or associated linkages. "Carburetor or fuel-injection air intake cleaner" does not include products designed exclusively to be introduced directly into the fuel lines or fuel storage tank prior to introduction into the carburetor or fuel injectors. (8) "CAS Registry Number" is a unique accession number assigned by the Chemical Abstracts Service, a division of the American Chemical Society. (9) "Chlorinated Toxic Air Contaminant" for the purposes of this section, means methylene chloride, perchloroethylene, or trichloroethylene. (10) "Consumer" means any person who seeks, purchases, or acquires any automotive consumer product for use in automotive maintenance and repair activities. Persons acquiring an automotive consumer product for resale are not "consumers" for that product. (11) "Distributor" means any person to whom an automotive consumer product is sold or supplied for the purposes of resale or distribution in commerce, except that manufacturers, retailers, and consumers are not distributors. (12) "Engine Degreaser" means a cleaning product designed, labeled, promoted or advertised (expressed or implied) to remove grease, grime, oil or other contaminants from the external surfaces of engines and other mechanical parts. (13) "Executive Officer" means the Executive Officer of the California Air Resources Board, or his or her delegate. (14) "General Purpose Cleaner" means a product designed for general all-purpose cleaning, in contrast to cleaning products designed to clean specific substrates in certain situations. "General Purpose Cleaner" includes products designed for general floor cleaning, kitchen or counter top cleaning, and cleaners designed to be used on a variety of hard surfaces. (15) "General Purpose Degreaser" means any product designed, labeled, promoted or advertised (expressed or implied) to remove or dissolve grease, grime, oil and other oil-based contaminants from a variety of motor vehicle substrates or surfaces or miscellaneous metallic parts. "General Purpose Degreaser" does not include "Engine Degreaser" or "General Purpose Cleaner". (16) "Liquid" means a substance or mixture of substances which is capable of a visually detectable flow as determined under ASTM D-4359-90 which is incorporated by reference. "Liquid" does not include powders or other materials that are composed entirely of solid particles. (17) "Liquid Product" means any product that is packaged and sold as a bulk liquid including liquid delivered by pump sprayers. (18) "Manufacturer" means any person who imports, manufactures, assembles, produces, packages, repackages, or relabels an automotive consumer product. (19) "Methylene Chloride" (CAS Registry Number 75-09-2) means the compound with the chemical formula 'CH2 Cl2', also known by the name 'dichloromethane', which has been identified by the Air Resources Board and listed as a toxic air contaminant in section 93000, and which is a hazardous air pollutant designated as a toxic air contaminant in section 93001. (20) "Motor Vehicle" means a self-propelled device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. "Motor vehicle" does not include a self-propelled wheelchair, invalid tricycle, or motorized quadricycle when operated by a person who, by reason of physical disability, is otherwise unable to move about as a pedestrian. (21) "Owner or Operator" means a person who is the owner or the operator of an automotive maintenance facility or an automotive repair facility. (22) "Perchloroethylene (Perc)" (CAS Registry Number 127-18-4) means the compound with the chemical formula 'C2 Cl4', also known by the name 'tetrachloroethylene', which has been identified by the Air Resources Board and listed as a toxic air contaminant in section 93000, and which is a hazardous air pollutant designated as a toxic air contaminant in section 93001. (23) "Person" means "person" as defined in Health and Safety Code section 39047. (24) "Pump Sprayer" means a packaging system in which the product ingredients within the container are not under pressure and in which the product is expelled only while a pumping action is applied to a button, trigger or other actuator. (25) "Retailer" means any person who sells, supplies, or offers for sale automotive consumer products directly to consumers. (26) "Retail Outlet" means any establishment at which automotive consumer products are sold, supplied, or offered for sale directly to consumers. (27) "Solvent Cleaning Machine" means any device or piece of equipment with a capacity greater than 7.6 liters (2 gallons) that uses methylene chloride, perchloroethylene, or trichloroethylene to remove or dissolve grease, grime, oil and other oil-based contaminants from a variety of motor vehicle substrates or surfaces or miscellaneous metallic parts. (28) "Trichloroethylene" (CAS Registry Number 79-01-6) means the compound with the chemical formula 'C2 HCl3', also known by the name 'TCE', which has been identified by the Air Resources Board and listed as a toxic air contaminant in section 93000, and which is a hazardous air pollutant designated as a toxic air contaminant in section 93001. (d) Standards for Automotive Consumer Products (1) Except as provided in subdivision (b), subdivision (e) and subdivision (g), after the effective dates specified in the following Table of Standards no person shall sell, supply, offer for sale, or manufacture for sale in California any automotive consumer product that, at the time of sale or manufacture, contains methylene chloride, perchloroethylene or trichloroethylene. Table of Standards Product Category Effective Date Brake Cleaner June 30, 2001 Carburetor or June 30, 2001 Fuel-injection Air Intake Cleaners Engine Degreaser June 30, 2001 General Purpose Degreaser June 30, 2001 (2) For the purposes of subdivision (d)(1), a product "contains methylene chloride, perchloroethylene or trichloroethylene" if the product contains 1.0 percent or more by weight (exclusive of the container or packaging) of any one of the compounds methylene chloride, perchloroethylene, or trichloroethylene as determined by the test method specified in subdivision (h). (3) No owner or operator of an automotive maintenance facility or automotive repair facility shall use an automotive consumer product prohibited under subdivision (d)(1) after December 31, 2002. (e) Sell-through of products (1) Notwithstanding the provisions of subdivisions (d)(1) and (d)(2), an automotive consumer product manufactured prior to the effective date specified for that product category in the Table of Standards may be sold, supplied, or offered for sale for up to 12 months after the specified effective date. (2) This subdivision (e) does not apply to any automotive consumer product if that product does not display, on the product container or package, the date on which the product was manufactured or a code indicating such date. (f) Administrative Requirements - Code-Dating (1) Each manufacturer of an automotive consumer product subject to this section shall clearly display on each automotive consumer product container or package, the day, month, and year on which the product was manufactured, or a code indicating the day, month, and year of manufacture. This date or code-date shall be displayed on each automotive consumer product container or package manufactured on or after May 4, 2001. No person shall erase, alter, deface or otherwise remove or make illegible any date or code-date from any regulated product container or package without the express authorization of the manufacturer. (2) If a manufacturer uses a code indicating the date of manufacture for any automotive consumer product subject to this section, the manufacturer shall file an explanation of the code with the Executive Officer of the ARB no later than May 4, 2001. (g) Variances (1) Applications for variances.Any person who cannot comply with the requirements set forth in subdivision (d) because of extraordinary reasons beyond the person's reasonable control may apply in writing to the Executive Officer for a variance. The variance application shall set forth: (A) the specific grounds upon which the variance is sought; (B) the proposed date(s) by which compliance with the provisions of subdivision (d) will be achieved; and (C) a compliance report reasonably detailing the method(s) by which compliance will be achieved. (2) Notices and public hearings for variances. Upon receipt of a variance application containing the information required in subdivision (g)(1), the Executive Officer will hold a public hearing to determine whether, under what conditions, and to what extent, a variance from the requirements in subdivision (d) is necessary and will be permitted. The Executive Officer will initiate a hearing no later than 75 days after receipt of a variance application. The Executive Officer will send notice of the time and place of the hearing to the applicant by certified mail not less than 30 days prior to the hearing. The Executive Officer will submit notice of the hearing for publication in the California Regulatory Notice Register, and not less than 30 days prior to the hearing, the Executive Officer will send a notice to every person who requests such notice. The notice will state that the parties may, but need not, be represented by counsel at the hearing. At least 30 days prior to the hearing, the Executive Officer will make the variance application available to the public for inspection. The Executive Officer will allow interested members of the public a reasonable opportunity to testify at the hearing and will consider their testimony. (3) Treatment of confidential information. Information submitted to the Executive Officer by a variance applicant may be claimed as confidential, and such information will be handled in accordance with the procedures specified in sections 91000-91022. The Executive Officer may consider such confidential information in reaching a decision on a variance application. (4) Necessary findings for granting variances. The Executive Officer will not grant a variance unless the Executive Officer finds that: (A) because of reasons beyond the reasonable control of the applicant, requiring compliance with subdivision (d) would result in extraordinary economic hardship to the applicant; and (B) the public interest in mitigating the extraordinary hardship to the applicant by issuing the variance outweighs the public interest in avoiding any increased emissions of toxic air contaminants that would result from issuing the variance; and (C) the compliance report proposed by the applicant can reasonably be implemented and will achieve compliance as expeditiously as possible. (5) Variance orders. Any variance order will specify a final compliance date by which the requirements of subdivision (d) will be achieved. Any variance order will contain a condition that specifies increments of progress necessary to assure timely compliance, and such other conditions that the Executive Officer, in consideration of the testimony received at the hearing, finds necessary to carry out the purposes of Division 26 of the Health and Safety Code. (6) Situations in which variances will cease to be effective . A variance will cease to be effective upon failure of the party to whom the variance was granted to comply with any term or condition of the variance. (7) Modification and revocation of variances Upon the application of any person, the Executive Officer may review, and for good cause, modify or revoke a variance from requirements of subdivision (d) after holding a public hearing in accordance with the provisions of subdivision (g)(2). (h) Test Methods (1) Air Resources Board Method 310, Determination of Volatile Organic Compounds (VOC) in Consumer Products, adopted September 25, 1997, and as last amended on September 3, 1999, is incorporated herein by reference. Sections 3.5 and 3.7 will be used to perform the testing to determine compliance with the requirements of this section. (2) For the purposes of determining compliance with this section, "VOC" in Method 310 mean "chlorinated toxic air contaminant" as defined in this section. (3) Alternative methods which are shown to accurately determine the concentration of methylene chloride, perchloroethylene, or trichloroethylene in a subject product or its emissions may be used upon written approval of the Executive Officer. Note: Authority cited: Sections 39600, 39601, 39658, 39659 and 39666, Health and Safety Code. Reference: Sections 39002, 39600, 39650, 39655, 39656, 39658, 39659, 39665 and 39666, Health and Safety Code. s 93112. Hexavalent Chromium and Cadmium Airborne Toxic Control Measure - Motor Vehicle and Mobile Equipment Coatings. (a) Applicability (1) Except as provided in subdivision (b), this section applies to any person who sells, supplies, offers for sale, distributes, or manufactures coatings for use in motor vehicle and/or mobile equipment coating activities in California. (2) This section also applies to the owner or operator of any motor vehicle and/or mobile equipment coating facility that uses motor vehicle and/or mobile equipment coatings in California. (3) This section does not affect the sale, supply, or distribution of any new or used motor vehicles and/or mobile equipment or their component parts in or outside of California, regardless of the coatings that have been applied. (b) Exemptions (1) This section shall not apply to any motor vehicle and/or mobile equipment coatings manufactured in California for shipment and use outside of California. (2) This section shall not apply to a manufacturer or distributor who sells, supplies, or offers for sale in California a motor vehicle and/or mobile equipment coating that does not comply with the standards specified in subdivision (d), as long as the manufacturer or distributor can demonstrate both that the motor vehicle and/or mobile equipment coating is for shipment and use outside of California, and that the manufacturer or distributor has taken adequate precautions to assure that the motor vehicle and/or mobile equipment coating is not distributed to California. This subsection (2) does not apply to motor vehicle and/or mobile equipment coatings that are sold, supplied, or offered for sale by any person to retail outlets in California. (c) Definitions. For the purposes of this section, the following definitions apply: (1) "Air Pollution Control Officer" means the Air Pollution Control Officer, or his or her delegate. (2) "ASTM" means the American Society for Testing and Materials. (3) "Cadmium" (Cd) means elemental cadmium and any compounds that contain cadmium. (4) "Coating" means a material which is applied to a surface and which forms a film in order to beautify, preserve, repair, or protect such a surface. (5) "Consumer" means any person who seeks, purchases, or acquires any motor vehicle and mobile equipment coating for use in motor vehicle and mobile equipment maintenance and repair activities. Persons acquiring a motor vehicle and mobile equipment coating for resale are not "consumers" of that coating. (6) "Distributor" means any person to whom a motor vehicle and mobile equipment coating is sold or supplied for the purposes of resale or distribution in commerce, except that manufacturers, retailers, and consumers are not distributors. (7) "Hexavalent Chromium" (Cr +6) means elemental chromium in the +6 oxidation state and any compounds which contain chromium in the +6 oxidation state. (8) "Highway" has the same meaning as defined in section 360 of the Vehicle Code. (9) "Manufacturer" means any person who imports, manufactures, assembles, produces, packages, repackages, or relabels a motor vehicle or mobile equipment coating. (10) "Mobile Equipment" means any equipment that is designed to be physically capable of being driven or drawn upon rails or a roadway, except for motor vehicles, and components for and from such equipment. Examples of Mobile Equipment include mobile cranes; bulldozers; concrete mixers; tractors; plows; pesticide sprayers; street cleaners; golf carts; hauling equipment used inside and around an airport, dock, depot, and industrial and commercial plants; trains; railcars; truck trailers; implements of husbandry; aircraft ground support equipment; all terrain vehicles; self-propelled wheelchairs, invalid tricycles, and invalid quadricycles. (11) "Motor Vehicle" means passenger cars, truck cabs and chassis, vans, motorcycles, and buses. (12) "Motor Vehicle and/or Mobile Equipment Coating Activity" means any manufacturing, service, maintenance, repair, restoration, or modification involving the application of coatings to motor vehicles and/or mobile equipment, except plating activities. (13) "Motor Vehicle and/or Mobile Equipment Coating" means any coating used or advertised for use in motor vehicle and/or mobile equipment coating activities. (14) "Motor Vehicle and/or Mobile Equipment Coating Facility (Facility)" means any establishment at which coatings are applied to motor vehicles and/or mobile equipment, including, but not limited to, OEM facilities, autobody repair/paint shops, production autobody paint shops, new car dealer repair/paint shops, fleet operator repair/paint shops, custom-made car fabrication facilities, truck body-builders, and residences. (15) "OEM" means Original Equipment Manufacturer. (16) "Owner or Operator" means a person who is the owner or the operator of a motor vehicle and/or mobile equipment coating facility. (17) "Person" means "person" as defined in Health and Safety Code section 39047. (18) "Retailer" means any person who sells, supplies, or offers for sale motor vehicle and/or mobile equipment coatings directly to consumers. (19) "Retail Outlet" means any establishment at which motor vehicle and/or mobile equipment coatings are sold, supplied, or offered for sale directly to consumers. (d) Standards for Motor Vehicle and/or Mobile Equipment Coatings (1) Except as provided in subdivision (e), no person shall sell, supply, offer for sale, or manufacture for sale in California any motor vehicle and/or mobile equipment coating that contains hexavalent chromium or cadmium. (2) No owner or operator of a motor vehicle and/or mobile equipment coating facility shall use or possess a motor vehicle and/or mobile equipment coating prohibited under subdivision (d)(1) after December 31, 2003. (3) For the purposes of subdivision (d)(1), a coating "contains hexavalent chromium or cadmium" if hexavalent chromium or cadmium was introduced as a pigment or as an agent that imparts any property or characteristic to the coating during manufacturing, distribution, or use of the applicable coating. (e) Sell-through of Coatings. Notwithstanding the provisions of subdivisions (d)(1) and (d)(2), a motor vehicle and/or mobile equipment coating manufactured prior to January 1, 2003, may be sold, supplied, or offered for sale through June 30, 2003. This subdivision does not apply to any motor vehicle and/or mobile equipment coating which does not display on the coating container or package the date on which the coating was manufactured, or a code indicating such date. (f) Administrative Requirements - Code-Dating (1) Each manufacturer of a motor vehicle and/or mobile equipment coating subject to section 93112 shall clearly display on each coating container or package, the day, month, and year on which the coating was manufactured, or a code indicating such date. No person shall erase, alter, deface or otherwise remove or make illegible any date or code-date from any regulated coating container or package without the express authorization of the manufacturer. (2) If a manufacturer uses a code indicating the date of manufacture for any motor vehicle and/or mobile equipment coating subject to section 93112, an explanation of the code must be filed with the Air Pollution Control Officer no later than 30 days after the effective date of section 93112. (g) Test Methods. The following test methods are incorporated by reference herein, and shall be used to test coatings subject to the provisions of this rule. (1) American Society for Testing and Materials (ASTM) Method D3335-85a (1999), Standard Test Method for Low Concentrations of Lead, Cadmium, and Cobalt in paint by Atomic Absorption Spectroscopy. (2) United States Environmental Protection Agency test method 7196A (July 1992), Chromium, Hexavalent (Calorimetric) and Test Method 3060A (December 1996), Alkaline Digestion for Hexavalent Chromium. (3) Alternative methods which are shown to accurately determine the concentration of hexavalent chromium or cadmium compounds in a subject coating or its emissions may be used upon written approval of the Air Pollution Control Officer. Note: Authority cited: Sections 39600, 39601, 39656, 39658, 39659 and 39666, Health and Safety Code. Reference: Sections 39002, 39600, 39650, 39655, 39656, 39658, 39659, 39665 and 39666, Health and Safety Code. s 93113. Airborne Toxic Control Measure to Reduce Emissions of Toxic Air Contaminants from Outdoor Residential Waste Burning. (a) Applicability. (1) Notwithstanding section 41806(a) of the 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 purpose of disposing of the waste. (2) 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 Health and Safety Code or other provisions of law. (3) Except as provided in (a)(1) and (a)(2) above, nothing in this regulation shall affect the applicability of the provisions of article 2 and article 3, respectively, of chapter 3 of part 4 of division 26 of the Health and Safety Code. (b) 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: (1) "Air Pollution Control District" (APCD), "Air Quality Management District" (AQMD), "air district," or "district" means an air pollution control district or an air quality management district created or continued in existence pursuant to Health and Safety Code section 40000 et seq. (2) "APCO" means the Air Pollution Control Officer or the chief executive officer of the respective local air pollution control district or local air quality management district where the property is located, or a designated representative. (3) "ARB" means the State of California Air Resources Board. (4) "Air Toxic" means toxic air contaminants as defined in section 39655(a) of the Health and Safety Code. (5) "Allowable Combustibles" means dry natural vegetation waste originating on the premises and reasonably free of dirt, soil and visible surface moisture. (6) "Approved ignition device" means an instrument or material that will ignite open fires without the production of black smoke by the ignition device, as approved by the APCO. (7) "Burn Barrel" means a metal container used to hold combustible or flammable waste materials so that they can be ignited outdoors for the purpose of disposal. (8) "Census zip code" means a Zip CodeRtabulation area, a statistical geographic entity that approximates the delivery area for a U.S. Postal Service five-digit Zip Code. Census zip codes are aggregations of census blocks that have the same predominate Zip Code associated with the mailing addresses in the U.S. Census Bureau's Master Address File. Census zip codes do not precisely depict Zip Code delivery areas, and do not include all Zip Codes used for mail delivery. For the purposes of this regulation, census zip codes are referenced to the most recent national decennial census completed by the U.S. Census Bureau. (9) "Chief fire official" means the ranking officer in the authority having jurisdiction with responsibility for fire protection within a defined geographic region of an air district, or his or her designee. The chief fire official may be a federal, state, county or municipal employee, depending on the extent of the fire jurisdiction within the exemption area. In State or Federal Responsibility Areas for wildland protection, the state or federal official's determination overrides county authority with regard to burn permits and the use of burn barrels or incinerators in exemption areas. (10) "Combustible" means any substance capable of burning or any substance that will readily burn. (11) "Disallowed Combustibles" means any waste or manufactured material, including but not limited to petroleum products and petroleum wastes; construction and demolition debris; coated wire; putrescible wastes; tires; tar; tarpaper; non-natural 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; and fecal- and food-contaminated material. For purposes of this regulation, dry, natural vegetation waste from yard maintenance is not a disallowed combustible, if reasonably free of dirt, soil and surface moisture. (12) "Flammable" means capable of catching fire easily, or combustible. (13) "Incinerator" means 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. (14) "Incorporated place" means the city, town, municipality or village reported to the U.S. Census Bureau as being legally in existence under California law at the time of the most recent national decennial census completed by the U.S. Census Bureau. For the purposes of calculating population density for this regulation, incorporated places include the FIPS Place Class Codes C1, C7 and C8, as defined by the U.S. Census Bureau in Technical Documentation, Summary File 1, October 2002. (15) "Natural vegetation" means 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 chemically-treated lumber, wood products or paper products. (16) "Open outdoor fire" means the combustion of combustible material of any type outdoors in the open, not in any enclosure, where the products of combustion are not directed through a flue. (17) "Permissive burn day" or "burn day" means any day on which agricultural burning, including prescribed burning, is not prohibited by the ARB and agricultural and prescribed burning is authorized by the air district consistent with the Smoke Management Guidelines for Agricultural and Prescribed Burning, set forth in sections 80100-80330 of title 17 of the California Code of Regulations. (18) "Population density" means the number of people per square mile within a census zip code. It is calculated as the number of people within a census zip code divided by the area of the census zip code after subtracting the population and area of all incorporated places within the census zip code. (19) "Processed or treated wood and wood products" means wood that has been chemically treated to retard rot or decay or wood that has been modified with glues, laminates, stains, finishes, paints or glosses for use in furniture or for construction purposes, including but not limited to plywood, particle board, fencing or railroad ties. For the purposes of this regulation, dimensional lumber that has been air-dried or kiln-dried, with no preservatives or finishes added, is not considered processed or treated wood. (20) "Residence" means a single- or two-family dwelling unit and the land and ancillary structures surrounding it. (21) "Residential waste burning" means the disposal of the combustible or flammable waste from a single- or two-family dwelling unit or residence by burning outdoors. Residential waste burning is not agricultural, including prescribed, burning. (22) "Waste" means 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. (c) Prohibitions. (1) No person shall burn disallowed combustibles from any property for the purpose of disposing of waste material outdoors at a residence, except as provided under subsection (e), "Exemptions", below. (2) No person shall dispose of allowable combustibles from any property by burning them in a burn barrel or incinerator outdoors, except as provided under subsection (e), "Exemptions", below. (3) No person shall ignite, or allow to become ignited, allowable combustibles unless using an approved ignition device. (4) No person shall ignite, or allow to become ignited, allowable combustibles unless it is a permissive burn day in the air district where the residential waste burning is to take place. (d) Compliance Schedule. (1) For the purposes of Section 39666(d) of the Health and Safety Code, the date of adoption of this regulation shall be February 3, 2003. (2) Unless an air district adopts an earlier effective date in accordance with section 39666(d) of the Health and Safety Code, the prohibitions set forth in subsection (c), above, shall become effective on January 1, 2004. (3) The ARB shall conduct a public education and outreach program with respect to the regulation, the public health impacts of residential waste burning, and available alternatives to burning. (e) Exemptions. (1) No exemption from the prohibitions set forth in subsections (c)(1) and (c)(2) is available for an incorporated place in any census zip code or census zip code sub-area. (2) Where the population density of the unincorporated area is less than or equal to 3.0 within the boundaries of any census zip code within an air district, the following exemptions apply: (A) dry non-glossy paper and cardboard may be burned. (B) burn barrels or incinerators may be used. (3) Where the population density of the unincorporated area is greater than 3.0 but less than or equal to 10.0 within the boundaries of any census zip code within an air district, an air district may file a Request for Exemption to allow the burning of dry non-glossy paper and cardboard, or the use of burn barrels or incinerators, or both, subject to the provisions of (e)(10). (4) As part of any Request for Exemption submitted under subsection (e)(3), an air district may create sub-areas within a census zip code where the prohibitions set forth in subsections (c)(1) and (c)(2) shall still apply, subject to the provisions of (e)(10). (5) Where the population density is greater than 10.0 within the boundaries of any census zip code within an air district, an air district may file a Request for Exemption to create sub-areas within a census zip code to allow the burning of dry non-glossy paper and cardboard, or the use of burn barrels or incinerators, or both, subject to the provisions of subsection (e)(10), provided the unincorporated sub-area has a population density of less than or equal to 3.0. (6) The prohibition contained in subsection (c)(2) of this regulation shall not apply in any jurisdiction where a local ordinance or other enforceable mechanism is in effect on January 4, 2002 requiring the use of a burn barrel or incinerator to burn allowable combustibles, unless the local ordinance or other enforceable mechanism is subsequently rescinded or revoked. (7) No air district shall file a Request for Exemption from subsection (c)(1) to allow the burning of dry non-glossy paper and cardboard if it is prohibited by air district rules in effect on January 4, 2002, or thereafter, or within a geographic area where is it prohibited by a local ordinance or other enforceable mechanism in effect January 4, 2002, or thereafter. (8) No air district shall file a Request for Exemption from subsection (c)(2) to allow the use of a burn barrel or incinerator outdoors at a residence if it is prohibited by air district rules in effect on January 4, 2002, or thereafter, or within a geographic area where the use of a burn barrel or incinerator is prohibited by a local ordinance or other enforceable mechanism in effect January 4, 2002, or thereafter. (9) On or before May 1, 2003, and every ten years thereafter, the ARB shall provide the air districts with a listing of all incorporated places and the population density within the boundaries of each census zip code contained within each air district. (10) Any Request for Exemption by an air district shall be submitted in writing to the ARB on or before August 1, 2003, and every ten years thereafter, and shall include all of the following: (A) a resolution, board order, or other enforceable mechanism adopted by the air district's Governing Board at a formal public meeting approving the Request for Exemption; and (B) a written commitment from the air district to provide information on the hazards associated with residential waste burning, and ways to minimize these hazards, to all persons conducting residential waste burning by using either an air district or appropriate fire protection agency permit program for residential waste burning, or other equivalent mechanism; and (C) to allow the burning of dry non-glossy paper and cardboard where the population density is greater than 3.0 but less than or equal to 10.0 within the boundaries of census zip codes within an air district, a finding by the air district that the exemption is necessary; and (D) to allow the use of burn barrels or incinerators where the population density is greater than 3.0 but less than or equal to 10.0 within the boundaries of census zip codes within an air district, written documentation from the chief fire official with primary jurisdiction over fire safety within the area contained within the census zip code, including references to fire codes (where applicable), that an unacceptable fire risk would occur if the prohibition set forth in subsection (c)(2) for that area remained in effect; and (E) for census zip code sub-areas, documentation showing the population, land area, and population density of each census zip code sub-area and providing specific, enforceable, geographic boundaries; and (F) a list of the specific exemptions requested, for each applicable census zip code and census zip code sub-area, that are included in the Request for Exemption; and (G) a finding that all incorporated places within the boundaries of the census zip code or census zip code sub-area within an air district are excluded from the Request for Exemption; and (H) a finding that the air district considered the health risks to all populated communities that are within exempted areas; and (I) a statement in the resolution, board order, or other enforceable mechanism specifying that there is no air district rule, local ordinance, or other enforceable mechanism that was in effect on January 4, 2002, or thereafter, that would otherwise prohibit the burning of dry-non-glossy paper and cardboard; and (J) a statement in the resolution, board order, or other enforceable mechanism specifying that there is no air district rule, local ordinance, or other enforceable mechanism that was in effect on January 4, 2002, or thereafter, that would otherwise prohibit the use of a burn barrel or incinerator. (11) The ARB shall review the air district's Request for Exemption for completeness and approve or reject the Request for Exemption, in writing, within 60 days after submittal. (12) If the air district's Request for Exemption is not complete, the ARB shall return the Request for Exemption to the air district for amendment. The air district shall have an additional 30 days to submit a revised Request for Exemption. (13) By January 1, 2004, and every ten years thereafter, the ARB shall make available a listing of all census zip codes and census zip code sub-areas within each air district that are exempt in accordance with the criteria specified in subsections (e)(2), (e)(3) and (e)(5) and as approved by the ARB, if required. (14)(A) Except as provided in subsection (e)(14)(B), all exemptions shall terminate on December 31, 2013, and as appropriate every ten years thereafter, unless renewed by the air district pursuant to the procedures set forth in subsections (e)(10) through (e)(12). (B) An exemption provided in accordance with subsection (e)(5) shall terminate on December 31, 2008, and as appropriate every five years thereafter, unless renewed by the air district pursuant to the procedures set forth in subsections (e)(10) through (e)(12). Note: Authority cited: Sections 39600, 39601, 39659 and 39666, Health and Safety Code. Reference: Sections 39020, 39044, 39650, 39655, 39656, 39657, 39658, 39659, 39660, 39662, 39665, 39666, 39669, 39701, 41700 and 41806, Health and Safety Code. s 93114. Airborne Toxic Control Measure To Reduce Particulate Emissions from Diesel-Fueled Engines - Standards for Nonvehicular Diesel Fuel. (a) Effective Date. (1) No later than December 12, 2004, each air pollution control and air quality management district must: (A) Implement and enforce the requirements of this section; or (B) Propose its own airborne toxic control measure to reduce particulate emissions from diesel-fueled engines through standards for nonvehicular diesel fuel as provided in Health and Safety Code section 39666(d). (b) Requirements. California nonvehicular diesel fuel is subject to all of the requirements of sections 2281 (sulfur content), 2282 (aromatic hydrocarbons content) and 2284 (lubricity) applicable to vehicular diesel fuel, and shall be treated under those sections as if it were vehicular diesel fuel; provided that these requirements do not apply to California diesel fuel offered, sold, or supplied solely for use in locomotives or marine vessels. (c) Definitions. (1) "California nonvehicular diesel fuel" means any diesel fuel that is not vehicular diesel fuel as defined respectively in sections 2281(b), 2282(b), or 2284(b) and that is sold or made available for use in engines in California. (2) "Diesel fuel" means any fuel that is commonly or commercially known, sold or represented as diesel fuel, including any mixture of primarily liquid hydrocarbons that is sold or represented as suitable for use in an internal combustion, compression-ignition engine. (3) "Marine vessel" has the meaning set forth in section 39037.1 of the Health and Safety Code. Note: Authority cited: Sections 39600, 39601, 39650, 39658, 39659, 39666 and 41311, Health and Safety Code. Reference: Sections 39650, 39658, 39659, 39666 and 41511, Health and Safety Code. s 93115. Airborne Toxic Control Measure for Stationary Compression Ignition (CI) Engines. (a) Purpose The purpose of this airborne toxic control measure (ATCM) is to reduce diesel particulate matter (PM) and criteria pollutant emissions from stationary diesel-fueled compression ignition (CI) engines. (b) Applicability (1) Except as provided in subsection (c), this section applies to any person who either sells a stationary CI engine, offers a stationary CI engine for sale, leases a stationary CI engine, or purchases a stationary CI engine for use in California. (2) Except as provided in subsection (c), this section applies to any person who owns or operates a stationary CI engine in California with a rated brake horsepower greater than 50 (>50 bhp). (3) No later than 120 days after the approval of this section by the Office of Administrative Law, each air pollution control and air quality management district (district) shall: (A) implement and enforce the requirements of this section; or (B) propose its own ATCM to reduce diesel PM from stationary diesel-fueled CI engines as provided in Health and Safety Code section 39666(d). (c) Exemptions (1) The requirements of this section do not apply to portable CI engines or CI engines used to provide the motive power for on-road and off-road vehicles. (2) The requirements of this section do not apply to CI engines used for the propulsion of marine vessels or auxiliary CI engines used on marine vessels. (3) The requirements of this section do not apply to in-use stationary CI engines used in agricultural operations. (4) The requirements specified in subsections (e)(2)(A), (e)(2)(C), and (e)(4)(A) do not apply to new stationary CI engines used in agricultural operations. (5) The requirements specified in subsection (e)(3) do not apply to single cylinder cetane test engines used exclusively to determine the cetane number of diesel fuels in accordance with American Society for Testing and Materials (ASTM) Standard D 613-03b, "Standard Test Method for Cetane Number of Diesel Fuel Oil," as modified on June 10, 2003, which is incorporated herein by reference. (6) The requirements specified in subsections (e)(2)(B)3. and (e)(2)(D)1. do not apply to in-use stationary diesel-fueled CI engines used in emergency standby or prime applications that, prior to January 1, 2005, were required in writing by the district to meet and comply with either minimum technology requirements or performance standards implemented by the district from the "Risk Management Guidance for the Permitting of New Stationary Diesel-Fueled Engines," October 2000, which is incorporated herein by reference. (7) The requirements specified in subsection (e)(2)(B)3. do not apply to permitted in-use stationary emergency standby diesel-fueled CI engines that will be removed from service or replaced prior to January 1, 2009, in accordance with an approved Office of Statewide Health Planning Development (OSHPD) Compliance Plan that has been approved prior to January 1, 2009, except that this exemption does not apply to replacement engines for the engines that are removed from service under the OSHPD plan. (8) The requirements in subsections (e)(1), (e)(2)(C), and (e)(2)(D) do not apply to any stationary diesel-fueled CI engine used solely for the training and testing of United States Department of Defense (U.S. DoD) students or personnel of any U.S. military branch in the operation, maintenance, repair and rebuilding of engines when such training engines are required to be configured and designed similarly to counterpart engines used by the U.S. DoD, U.S. Military services or North Atlantic Treaty Organization (NATO) forces in combat, combat support, combat service support, tactical or relief operations used on land or at sea. (9) The requirements specified in subsections (e)(1) and (e)(2) do not apply to stationary diesel-fueled CI engines used solely on San Nicolas or San Clemente Islands. The Ventura County Air Pollution Control District Air Pollution Control Officer (APCO) and the South Coast Air Quality Management District APCO shall review the land use plans for the island in their jurisdiction at least once every five (5) years and withdraw this exemption if the land use plans are changed to allow use by the general public of the islands. (10) The requirements specified in subsection (e)(2) do not apply to stationary diesel-fueled engines used solely on outer continental shelf (OCS) platforms located within 25 miles of California's seaward boundary. (11) Exemption for Emergency Engines at Nuclear Facilities. The requirements in subsection (e)(2)(B)3. do not apply to any in-use stationary diesel-fueled CI engines for which all of the following criteria are met: (A) the engine is an emergency standby engine; (B) the engine is subject to the requirements of the U.S. Nuclear Regulatory Commission; (C) the engine is used solely for the safe shutdown and maintenance of a nuclear facility when normal power service fails or is lost; and (D) the engine undergoes maintenance and testing operations for no more than 200 hours cumulatively per calendar year. (12) Request for Exemption for Low-Use Prime Engines Outside of School Boundaries. The district APCO may approve a Request for Exemption from the provisions of subsection (e)(2)(D)1. for any in-use stationary diesel-fueled CI engine located beyond school boundaries, provided the approval is in writing, and the writing specifies all of the following conditions to be met by the owner or operator: (A) the engine is a prime engine; (B) the engine is located more than 500 feet from a school at all times; (C) the engine operates no more than 20 hours cumulatively per year. The district APCO may use a different number of hours for applying this exemption if the diesel-fueled CI engine is used solely to start a combustion gas turbine engine, provided the number of hours used for this exemption is justified by the district, on a case-by-case basis, with consideration of factors including, at a minimum, the operational requirements of a facility using a combustion gas turbine engine and the impacts of the emissions from the engine at any receptor location. (13) The requirements in subsections (e)(2)(B)3. and (e)(2)(D)1. do not apply to in-use dual-fueled diesel pilot CI engines that use an alternative fuel or an alternative diesel fuel. (14) The requirements in subsection (e)(1), (e)(2)(A)3., (e)(2)(B)3., (e)(2)(C)1., and (e)(2)(D)1. do not apply to dual-fueled diesel pilot CI engines that use diesel fuel and digester gas or landfill gas. (15) The requirements in subsections (e)(2)(B)3. and (e)(2)(D)1. do not apply to in-use stationary diesel-fueled CI engines that have selective catalytic reduction systems. (16) The requirements of subsection (e)(2)(B)3. do not apply to in-use emergency fire pump assemblies that are driven directly by stationary diesel-fueled CI engines and only operated the number of hours necessary to comply with the testing requirements of National Fire Protection Association (NFPA) 25 - "Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems," 1998 edition, which is incorporated herein by reference. (17) The requirements of subsection (e)(1), (e)(2)(A)3., (e)(2)(B)3., (e)(2)(C), and (e)(2)(D) do not apply to any stationary diesel-fueled CI engine used to power equipment that is owned by the National Aeronautics and Space Administration (NASA) and used solely at manned-space flight facilities including launch, tracking, and landing sites, provided the District APCO approves this exemption in writing. This exemption only applies to diesel engines that power equipment which is maintained in the same configuration as similar equipment at all manned space flight facilities. (18) Request for Delay in Implementation for Remotely Located In-Use Prime Engines. Prior to January 1, 2011, the district APCO may approve a Request for Delay in Implementation from the provisions of (e)(2)(D)1. until January 1, 2011, for any in-use stationary diesel-fueled CI engine, provided the approval is in writing, and the writing specifies all the following conditions to be met by the owner or operator: (A) the engine is a prime engine, and (B) the engine is located more than one mile from any receptor location, and (C) the impacts of the emissions from the engine at any receptor location result in: 1. a prioritization score of less than 1.0; and 2. a maximum cancer risk of less than 1 in a million; and 3. a maximum Hazard Index Value of less than 0.1. (19) Request for Delay in Implementation of Fuel Requirements. Prior to January 1, 2006, the district may approve a Request for Delay in implementation from the provisions of (e)(1) until a date as determined by the district, for any new or in-use stationary diesel-fueled CI engine, provided the approval is in writing, and the writing specifies the following information: 1. the engine is a new stationary CI engine or an in-use stationary diesel-fueled CI engine, and 2. the engine's fuel consumption rate, and 3. the identification of the fuel in the fuel tank at the time of approval, and 4. the specification of the fuel in the fuel tank at the time of approval; and 5. the amount of fuel in the fuel tank at the time of approval; and 6. the anticipated number of hours per year the engine is planned to be operated; and 7. the date when compliance with the fuel use requirements specified in subsection (e)(1) is required. (20) The operational restrictions in subsections (e)(2)(A)1. and (e)(2)(B)2. for engines located at or near school grounds do not apply to engines located at or near school grounds that also serve as the students' place of residence, e.g. boarding schools. (d) Definitions For purposes of this section, the following definitions apply: (1) "Agricultural Operations" means the growing and harvesting of crops or the raising of fowl or animals for the primary purpose of making a profit, providing a livelihood, or conducting agricultural research or instruction by an educational institution. Agricultural operations do not include activities involving the processing or distribution of crops or fowl. (2) "Air Pollution Control Officer (APCO)" means the Executive Officer or director of a district, or his or her designated representative. (3) "Alternative Fuel" means natural gas, propane, ethanol, or methanol. (4) "Alternative Diesel Fuel" means any fuel used in a CI engine that is not commonly or commercially known, sold, or represented by the supplier as diesel fuel No. 1-D or No. 2-D, pursuant to the specifications in ASTM D975-81, "Standard Specification for Diesel Fuel Oils," as modified in May 1982, which is incorporated herein by reference, or an alternative fuel, and does not require engine or fuel system modifications for the engine to operate, although minor modifications (e.g., recalibration of the engine fuel control) may enhance performance. Examples of alternative diesel fuels include, but are not limited to, biodiesel; Fischer-Tropsch fuels; emulsions of water in diesel fuel; and fuels with a fuel additive, unless: (A) the additive is supplied to the engine fuel by an on-board dosing mechanism, or (B) the additive is directly mixed into the base fuel inside the fuel tank of the engine, or (C) the additive and base fuel are not mixed until engine fueling commences, and no more additive plus base fuel combination is mixed than required for a single fueling of a single engine. (5) "Approach Light System with Sequenced Flasher Lights in Category 1 and Category 2 Configurations (ALSF-1 and ALSF-2)" means high intensity approach lighting systems with sequenced flashers used at airports to illuminate specified runways during category II or III weather conditions, where category II means a decision height of 100 feet and runway visual range of 1,200 feet, and category III means no decision height or decision height below 100 feet and runway visual range of 700 feet. (6) "Baseline" or "Baseline Emissions" means the emissions level of a diesel-fueled engine using CARB diesel fuel as configured upon initial installation or by January 1, 2003, whichever is later. (7) "California Air Resources Board (CARB) Diesel Fuel" means any diesel fuel that is commonly or commercially known, sold, or represented by the supplier as diesel fuel No. 1-D or No. 2-D, pursuant to the specifications in ASTM D975- 81, "Standard Specification for Diesel Fuel Oils," as modified in May 1982, which is incorporated herein by reference, and that meets the specifications defined in title 13 CCR, sections 2281, 2282, and 2284. (8) "Cancer Risk" means the characterization of the probability of developing cancer from exposure to environmental chemical hazards, in accordance with the methodologies specified in "The Air Toxics Hot Spots Program Guidance Manual for Preparation of Health Risk Assessments," Office of Environmental Health Hazard Assessment, August 2003, which is incorporated herein by reference. (9) "Carbon Monoxide (CO)" is a colorless, odorless gas resulting from the incomplete combustion of hydrocarbon fuels. (10) "Combustion Gas Turbine Engine" means an internal combustion gas or liquid-fueled device consisting of compressor, combustor, and power turbine used to power an electrical generator. (11) "Compression Ignition (CI) Engine" means an internal combustion engine with operating characteristics significantly similar to the theoretical diesel combustion cycle. The regulation of power by controlling fuel supply in lieu of a throttle is indicative of a compression ignition engine. (12) "Control Area" means any electrical region in California that regulates its power generation in order to balance electrical loads and maintain planned interchange schedules with other control areas. (13) "Cumulatively" means the aggregation of hours or days of engine use, and any portion of an hour or day of engine use, toward a specified time limit(s). (13.5.) "Date of Acquisition or Submittal" means (A) For each District-approved permit or district registration for stationary sources, the date the application for the district permit or the application for engine registration was submitted to the District. Alternatively, upon District approval, the date of purchase as defined by the date shown on the front of the cashed check, the date of the financial transaction, or the date on the engine purchasing agreement, whichever is earliest. (B) For an engine subject to neither a district permit program nor a district registration program for stationary sources, the date of purchase as defined by the date shown on the front of the cashed check, the date of the financial transaction, or the date on the engine purchasing agreement, whichever is earliest. (14) "Demand Response Program (DRP)" means a program for reducing electrical demand using an Interruptible Service Contract (ISC) or Rolling Blackout Reduction Program (RBRP). (15) "Diesel Fuel" means any fuel that is commonly or commercially known, sold, or represented by the supplier as diesel fuel, including any mixture of primarily liquid hydrocarbons - organic compounds consisting exclusively of the elements carbon and hydrogen - that is sold or represented by the supplier as suitable for use in an internal combustion, compression-ignition engine. (16) "Diesel-Fueled" means fueled by diesel fuel, CARB diesel fuel, or jet fuel, in whole or part. (17) "Diesel Particulate Filter (DPF)" means an emission control technology that reduces PM emissions by trapping the particles in a flow filter substrate and periodically removes the collected particles by either physical action or by oxidizing (burning off) the particles in a process called regeneration. (18) "Diesel Particulate Matter (PM)" means the particles found in the exhaust of diesel-fueled CI engines as determined in accordance with the test methods identified in subsection (i). (19) "Digester Gas" is any gas derived from anaerobic decomposition of organic matter. (19.5) "Direct-Drive Emergency Standby Fire Pump Engines" means engines directly coupled to pumps exclusively used in water-based fire protection systems. (20) "District" has the same meaning as defined in the California Health and Safety Code, Section 39025. (21) "DRP Engine" means an engine that is enrolled in a DRP. (22) "Dual-fuel Diesel Pilot Engine" means a dual-fueled engine that uses diesel fuel as a pilot ignition source at an annual average ratio of less than 5 parts diesel fuel to 100 parts total fuel on an energy equivalent basis. (23) "Dual-fuel Engine" means any CI engine that is engineered and designed to operate on a combination of alternative fuels, such as compressed natural gas (CNG) or liquefied petroleum gas (LPG) and diesel fuel or an alternative diesel fuel. These engines have two separate fuel systems, which inject both fuels simultaneously into the engine combustion chamber. (24) "Emergency Standby Engine" means a stationary engine that meets the criteria specified in (A) and (B) and any combination of (C) or (D) or (E) below: (A) is installed for the primary purpose of providing electrical power or mechanical work during an emergency use and is not the source of primary power at the facility; and (B) is operated to provide electrical power or mechanical work during an emergency use; and (C) is operated under limited circumstances for maintenance and testing, emissions testing, or initial start-up testing, as specified in subsections (e)(2)(A), (e)(2)(B), and (e)(2)(F); or (D) is operated under limited circumstances in response to an impending outage, as specified in subsections (e)(2)(A), (e)(2)(B), and (e)(2)(F); or (E) is operated under limited circumstances under a DRP as specified in subsection (e)(2)(F). (25) "Emergency Use" means providing electrical power or mechanical work during any of the following events and subject to the following conditions: (A) the failure or loss of all or part of normal electrical power service or normal natural gas supply to the facility: 1. which is caused by any reason other than the enforcement of a contractual obligation the owner or operator has with a third party or any other party; and 2. which is demonstrated by the owner or operator to the district APCO's satisfaction to have been beyond the reasonable control of the owner or operator; (B) the failure of a facility's internal power distribution system: 1. which is caused by any reason other than the enforcement of a contractual obligation the owner or operator has with a third party or any other party; and 2. which is demonstrated by the owner or operator to the district APCO's satisfaction to have been beyond the reasonable control of the owner or operator; (C) the pumping of water or sewage to prevent or mitigate a flood or sewage overflow; (D) the pumping of water for fire suppression or protection; (E) the powering of ALSF-1 and ALSF-2 airport runway lights under category II or III weather conditions; (F) the pumping of water to maintain pressure in the water distribution system for the following reasons: 1. a pipe break that substantially reduces water pressure; or 2. high demand on the water supply system due to high use of water for fire suppression; or 3. the breakdown of electric-powered pumping equipment at sewage treatment facilities or water delivery facilities. (G) the initial launch tracking of United States Department of Defense flight hardware (in parallel with grid power) where the loss of normal power would cause damage to or loss of government facilities and/or flight hardware. (26) "Emission Control Strategy" means any device, system, or strategy employed with a diesel-fueled CI engine that is intended to reduce emissions including, but not limited to, particulate filters, diesel oxidation catalysts, selective catalytic reduction systems, fuel additives used in combination with particulate filters, alternative diesel fuels, and any combination of the above. (27) "End User" means any person who purchases or leases a stationary diesel-fueled engine for operation in California. Persons purchasing engines for resale are not considered "end users." (28) "Enrolled" means either of the following, whichever applies: (A) the ISC is in effect during the specified time period for an engine in an ISC; or (B) the date the engine is entered into the RBRP. (29) "Executive Officer" means the executive officer of the Air Resources Board, or his or her designated representative. (30) "Facility" means one or more contiguous properties, in actual physical contact or separated solely by a public roadway or other public right-of-way, under common ownership on which engines operate. (31) "Fuel Additive" means any substance designed to be added to fuel or fuel systems or other engine-related engine systems such that it is present in-cylinder during combustion and has any of the following effects: decreased emissions, improved fuel economy, increased performance of the engine; or assists diesel emission control strategies in decreasing emissions, or improving fuel economy or increasing performance of the engine. (32) "Generator Set" means a CI engine coupled to a generator that is used as a source of electricity. (33) "Hazard Index" means the sum of individual acute or chronic hazard quotients for each substance affecting a particular toxicological endpoint, as determined in accordance with the requirements of "The Air Toxics Hot Spots Program Guidance Manual for Preparation of Health Risk Assessments," Office of Environmental Health Hazard Assessment, August 2003, which is incorporated herein by reference. (34) "HC" means the sum of all hydrocarbon air pollutants. (34.5) "Health Facility" has the same meaning as defined in Section 1250 of the California Health and Safety Code. (35) "In-Use" means a CI engine that is not a "new" CI engine. (36) "Initial Start-up Testing" means operating the engine or supported equipment to ensure their proper performance either: (A) for the first time after installation of a stationary diesel-fueled CI engine at a facility, or (B) for the first time after installation of emission control equipment on an in-use stationary diesel-fueled CI engine. (37) "Interruptible Service Contract (ISC)" means a contractual arrangement in which a utility distribution company provides lower energy costs to a nonresidential electrical customer in exchange for the ability to reduce or interrupt the customer's electrical service during a Stage 2 or Stage 3 alert, or during a transmission emergency. (38) "Jet Fuel" means fuel meeting any of the following specifications: (A) ASTM D 1655-02, "Standard Specification for Aviation Turbine Fuels," which is incorporated herein by reference. Jet fuels meeting this specification include Jet A, Jet A-1, and Jet B; (B) Military Detail (MIL-DTL) 5624T, "Turbine Fuels, Aviation, Grades Jet Propellant (JP) JP-4, JP-5, and JP-5/JP8 ST," dated September 18, 1998, which is incorporated herein by reference; and (C) Military Test (MIL-T) 83133E, "Turbine Fuels, Aviation, Kerosene Types, North Atlantic Treaty Organization (NATO) F-34 (JP-8), NATO F-35, and JP-8+100," dated April 1, 1999, which is incorporated herein by reference. (39) "Landfill Gas" means any gas derived through any biological process from the decomposition of waste buried within a waste disposal site. (40) "Location" means any single site at a facility. (41) "Maintenance and Testing" means operating an emergency standby CI engine to: (A) evaluate the ability of the engine or its supported equipment to perform during an emergency. "Supported Equipment" includes, but is not limited to, generators, pumps, transformers, switchgear, and breakers; or (B) facilitate the training of personnel on emergency activities; or (C) provide electric power for the facility when the utility distribution company takes its power distribution equipment offline to service that equipment for any reason that does not qualify as an emergency use. (42) "Maximum Rated Power" means the maximum brake kilowatt output of an engine as determined from any of the following, whichever is the greatest: (A) the manufacturer's sales and service literature, (B) the nameplate of the unit , or (C) if applicable, as shown in the application for certification of the engine. (43) "Model Year" means the stationary CI engine manufacturer's annual production period, which includes January 1st of a calendar year, or if the manufacturer has no annual production period, the calendar year. (44) "New" or "New CI Engine" means the following: (A) a stationary CI engine installed at a facility after January 1, 2005, including an engine relocated from an off-site location after January 1, 2005, except the following shall be deemed in-use engines: 1. a replacement stationary CI engine that is installed to temporarily replace an in-use engine while the in-use engine is undergoing maintenance and testing, provided the replacement engine emits no more than the in-use engine, and the replacement engine is not used more than 180 days cumulatively in any 12-month rolling period; 2. an engine for which a district-approved application for a district permit or engine registration for stationary sources was submitted to the District prior to January 1, 2005, even though the engine was installed after January 1, 2005; 3. an engine that is one of four or more engines owned by an owner or operator and is relocated prior to January 1, 2008, to an offsite location that is owned by the same owner or operator; 4. an engine installed prior to or on January 1, 2005, in a facility used in agricultural operations that is owned by an owner or operator, which is subsequently relocated to an offsite location that is owned by the same owner or operator. 5. an engine installed at a facility prior to January 1, 2005 and relocated within the same facility after January 1, 2005. 6. a model year 2004 or 2005 engine purchased prior to January 1, 2005, for use in California. The date of purchase is defined by the date shown on the front of the cashed check, the date of the financial transaction, or the date on the engine purchasing agreement, whichever is earliest. (B) a stationary CI engine that has been reconstructed after January 1, 2005, shall be deemed a new engine unless the sum of the costs of all individual reconstructions of that engine after January 1, 2005, is less than 50% of the lowest-available purchase price, determined at the time of the most recent reconstruction, of a complete, comparably-equipped new engine (within +10% of the reconstructed engine's brake horsepower rating). For purposes of this definition, the cost of reconstruction and the cost of a comparable new engine shall not include the cost of equipment and devices required to meet the requirements of this ATCM. (45) "Nitrogen Oxides (NOx)" means compounds of nitric oxide (NO), nitrogen dioxide (NO 2), and other oxides of nitrogen, which are typically created during combustion processes and are major contributors to smog formation and acid deposition. (46) "Non-Methane Hydrocarbons (NMHC)" means the sum of all hydrocarbon air pollutants except methane. (47) Outer Continental Shelf (OCS) shall have the meaning provided by section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. Section 1331 et seq.). (48) "Owner or Operator" means any person subject to the requirements of this section, including but not limited to: (A) an individual, trust, firm, joint stock company, business concern, partnership, limited liability company, association, or corporation including but not limited to, a government corporation; and (B) any city, county, district, commission, the state or any department, agency, or political subdivision thereof, any interstate body, and the federal government or any department or agency thereof to the extent permitted by law. (49) "Particulate Matter (PM)" means the particles found in the exhaust of CI engines, which may agglomerate and adsorb other species to form structures of complex physical and chemical properties. (50) "Portable CI Engine" means a compression ignition (CI) engine designed and capable of being carried or moved from one location to another, except as provided in subsection (d)(63). Indicators of portability include, but are not limited to, wheels, skids, carrying handles, dolly, trailer, or platform. The provisions of this definition notwithstanding, an engine with indicators of portability that remains at the same facility location for more than 12 consecutive rolling months or 365 rolling days, whichever occurs first, not including time spent in a storage facility, shall be deemed a stationary engine. (51) "Prime CI Engine" means a stationary CI engine that is not an emergency standby CI engine. (52) "Prioritization Score" means the numeric value used to rank facilities in order of their potential to pose significant risk to human receptors. Prioritization scores are calculated per the process described in the "CAPCOA Air Toxics 'Hot Spots' Program Facility Prioritization Guidelines," California Air Pollution Control Officer's Association (CAPCOA), July 1990, which is incorporated herein by reference. (53) "Rated Brake Horsepower (bhp)" means: (A) for in-use engines, the maximum brake horsepower output of an engine as determined from any of the following, whichever reflects the engine's configuration as of January 1, 2005: 1. the manufacturer's sales and service literature; 2. the nameplate of the engine; or 3. if applicable, as shown in the application for certification of the engine; (B) for new engines, the maximum brake horsepower output of an engine as determined from any of the following, whichever reflects the engine's configuration upon the engine's initial installation at the facility: 1. the manufacturer's sales and service literature; 2. the nameplate of the engine; or 3. if applicable, as shown in the application for certification of the engine. (54) "Receptor location" means any location outside the boundaries of a facility where a person may experience exposure to diesel exhaust due to the operation of a stationary diesel-fueled CI engine. Receptor locations include, but are not limited to, residences, businesses, hospitals, daycare centers, and schools. (55) "Reconstruction" means the rebuilding of the engine or the replacement of engine parts, including pollution control devices, but excluding operating fluids; lubricants; and other consumables such as air filters, fuel filters, and glow plugs that are subject to regular replacement. (56) "Rolling Blackout Reduction Program (RBRP)" means a contractual arrangement, implemented by the San Diego Gas and Electric Company (SDGE) in San Diego County, in which SDGE pays a nonresidential electrical customer $0.20 per kW-hr of reduced demand in exchange for the customer using its diesel-fueled engines to reduce its electrical demand upon request by SDGE by 15% or more, with a minimum of 100 kW reduction, during either a Stage 3 alert or a transmission emergency. (57) "Rotating Outage" means a controlled, involuntary curtailment of electrical power service to consumers as ordered by the Utility Distribution Company. (58) "School" or "School Grounds" means any public or private school used for purposes of the education of more than 12 children in kindergarten or any of grades 1 to 12, inclusive, but does not include any private school in which education is primarily conducted in a private home(s). "School" or "School Grounds" includes any building or structure, playground, athletic field, or other areas of school property but does not include unimproved school property. (59) "Selective Catalytic Reduction (SCR) System" means an emission control system that reduces NOx emissions through the catalytic reduction of NOx in diesel exhaust by injecting nitrogen-containing compounds into the exhaust stream, such as ammonia or urea. (60) "Seller" means any person who sells, leases, or offers for sale any stationary diesel-fueled engine directly to end users. (61) "Stage 2 Alert" means an official forecast or declaration by the California Independent System Operator that the operating reserves of electrical power will fall or have fallen below 5 percent. (62) "Stage 3 Alert" means an official forecast or declaration by the California Independent System Operator that the operating reserves of electrical power will fall or have fallen below 1.5 percent. (63) "Stationary CI Engine" means a CI engine that is designed to stay in one location, or remains in one location. A CI engine is stationary if any of the following are true: (A) the engine or its replacement is attached to a foundation, or if not so attached, resides at the same location for more than 12 consecutive months. Any engine such as backup or standby engines, that replaces an engine at a location and is intended to perform the same or similar function as the engine(s) being replaced, shall be included in calculating the consecutive time period. The cumulative time of all engine(s), including the time between the removal of the original engine(s) and installation of the replacement engine(s), will be counted toward the consecutive time period; or (B) the engine remains or will reside at a location for less than 12 consecutive months if the engine is located at a seasonal source and operates during the full annual operating period of the seasonal source, where a seasonal source is a stationary source that remains in a single location on a permanent basis (at least two years) and that operates at that single location at least three months each year; or (C) the engine is moved from one location to another in an attempt to circumvent the 12 month residence time requirement. The period during which the engine is maintained at a storage facility shall be excluded from the residency time determination. (64) "Stationary Source" means any building, structure, facility, or installation that emits any pollutant directly or as fugitive emissions. Building, structure, facility, or installation include all pollutant emitting activities which: (A) are under the same ownership or operation, or which are owned or operated by entities which are under common control; and (B) belong to the same industrial grouping either by virtue of falling within the same two-digit standard industrial code or by virtue of being part of a common industrial process, manufacturing process, or connected process involving a common raw material; and (C) are located on one or more contiguous or adjacent properties. (65) "Transmission Constrained Area" means the specific location that is subject to localized operating reserve deficiencies due to the failure of the normal electrical power distribution system. (66) "Transmission Emergency" means an official forecast or declaration by the California Independent System Operator that the available electrical power transmission capacity to a transmission constrained area is insufficient and may result in an uncontrolled local grid collapse in the transmission constrained area. (67) "Utility Distribution Company" means one of several organizations that control energy transmission and distribution in California. Utility Distribution Companies include, but are not limited to, the Pacific Gas and Electric Company, the San Diego Gas and Electric Company, Southern California Edison, Los Angeles Department of Water and Power, the Imperial Irrigation District, and the Sacramento Municipal Utility District. (68) "Verification Procedure, Warranty and In-Use Compliance Requirements for In-Use Strategies to Control Emissions from Diesel Engines (Verification Procedure)" means the ARB regulatory procedure codified in title 13, CCR, sections 2700-2710, which is incorporated herein by reference, that engine manufacturers, sellers, owners, or operators may use to verify the reductions of diesel PM or NOx from in-use diesel engines using a particular emission control strategy. (69) "Verified Diesel Emission Control Strategy" means an emission control strategy, designed primarily for the reduction of diesel PM emissions, which has been verified pursuant to the Verification Procedure. (e) Requirements (1) Fuel and Fuel Additive Requirements for New and In-Use Stationary CI Engines That Have a Rated Brake Horsepower of Greater than 50 (>50 bhp) (A) As of January 1, 2006, except as provided for in subsection (c), no owner or operator of a new stationary CI engine or an in-use prime stationary diesel-fueled CI engine shall fuel the engine with any fuel unless the fuel is one of the following: 1. CARB Diesel Fuel, or 2. an alternative diesel fuel that meets the requirements of the Verification Procedure, or 3. an alternative fuel, or 4. CARB Diesel Fuel used with fuel additives that meets the requirements of the Verification Procedure, or 5. any combination of (e)(1)(A)1. through (e)(1)(A)4. above. (B) As of January 1, 2006, except as provided for in subsection (c), no owner or operator of an in-use emergency standby stationary diesel-fueled CI engine shall add to the engine or any fuel tank directly attached to the engine any fuel unless the fuel is one of the following: 1. CARB Diesel Fuel, or 2. an alternative diesel fuel that meets the requirements of the Verification Procedure, or 3. an alternative fuel, or 4. CARB Diesel Fuel used with fuel additives that meets the requirements of the Verification Procedure, or 5. any combination of (e)(1)(B)1. through (e)(1)((B)4. above. (2) Operating Requirements and Emission Standards for New and In-Use Stationary Diesel-Fueled CI Engines That Have a Rated Brake Horsepower of Greater than 50 (>50 bhp). (A) New Emergency Standby Diesel-Fueled CI Engine (>50 bhp) Operating Requirements and Emission Standards 1. At-School and Near-School Provisions. No owner or operator shall operate a new stationary emergency standby diesel-fueled CI engine for non-emergency use, including maintenance and testing, during the following periods: a. whenever there is a school sponsored activity, if the engine is located on school grounds, and b. between 7:30 a.m. and 3:30 p.m. on days when school is in session, if the engine is located within 500 feet of school grounds. Subsection (e)(2)(A)1. does not apply if the engine emits no more than 0.01 g/bhp-hr of diesel PM. 2. No owner or operator shall operate any new stationary emergency standby diesel-fueled CI engine (>50 bhp) in response to the notification of an impending rotating outage, unless all the following criteria are met: a. the engine's permit to operate allows operation of the engine in anticipation of a rotating outage, or the District has established a policy or program that authorizes operation of the engine in anticipation of a rotating outage; and b. the Utility Distribution Company has ordered rotating outages in the control area where the engine is located, or has indicated it expects to issue such an order at a specified time; and c. the engine is located in a specific location that is subject to the rotating outage; and d. the engine is operated no more than 30 minutes prior to the time when the Utility Distribution Company officially forecasts a rotating outage in the control area; and e. the engine operation is terminated immediately after the Utility Distribution Company advises that a rotating outage is no longer imminent or in effect. 3. New Engines: As of January 1, 2005, except as provided in subsection (c), no person shall sell, offer for sale, purchase, or lease for use in California any new stationary emergency standby diesel-fueled CI engine that has a rated brake horsepower greater than 50 unless it meets the following applicable emission standards, and no person shall operate any new stationary emergency standby diesel-fueled CI engine that has a rated brake horsepower greater than 50, unless it meets all of the following applicable operating requirements and emission standards specified in (e)(2)(A)3. (which are summarized in Table 1): a. Diesel PM Standard and Hours of Operating Requirements I. General Requirements: New stationary emergency standby diesel-fueled engines (>50 bhp) shall: i. emit diesel PM at a rate less than or equal to 0. 15 g/bhp-hr; or ii. meet the diesel PM standard, as specified in the Off-Road Compression Ignition Engine Standards for off-road engines with the same maximum rated power (title 13 CCR, section 2423), in effect on the date of acquisition or submittal, as defined in subsection (d), whichever is more stringent; and iii. not operate more than 50 hours per year for maintenance and testing purposes, except as provided in (e)(2)(A)3.a.II. This subsection does not limit engine operation for emergency use and for emission testing to show compliance with (e)(2)(A)3. II. The District may allow a new emergency standby diesel-fueled CI engine (> 50 hp) to operate up to 100 hours per year for maintenance and testing purposes on a site-specific basis, provided the diesel PM emission rate is less than or equal to 0.01 g/bhp-hr. Table 1. Summary of the Emission Standards and Operating Requirements for New Stationary Emergency Standby Diesel-Fueled CI Engines > 50 BHP (See Subsection (e)(2)(A)3.) Diesel PM Other Pollutants ____________________ Maximum Allowable Annual Hours of Operation for Engines Meeting Diesel PM Standards Diesel PM HC, NOx, NMHC+NOx, and Standards Non-Emergency Use CO Standards (g/bhp-hr) (g/bhp-hr) Emergency Emission Maintenance & Testing Testing Use to show compliance (hours/year) ____________________ < or = Not Limited Not Limited by 50 Off-Road CI Engine 0.15 by Certification Standards ATCM < or Not Limited Not Limited by 51 to 100 and horsepower rating, =0.01 by or Tier 1 standards for ATCM ATCM (Upon an off-road engine of approval the same maximum rated by the power. District) __________ 1. Or off-road certification standard (title 13 CCR section 2423) for an off-road engine with the same maximum rated power, whichever is more stringent 2. Emission testing limited to testing to show compliance with subsections (e)(2)(A)3. 3. May be subject to emission or operational restrictions as defined in current applicable district rules, regulations, or policies. 4. The option to comply with the Tier 1 standards is available only if no off-road engine certification standards have been established for an off-road engine of the same model year and maximum rated power as the new stationary emergency standby diesel-fueled CI engine. b. HC, NOx, NMHC + NOx, and CO standards: New stationary emergency standby diesel-fueled CI engines (> 50 bhp) must meet the standards for off-road engines of the same model year and maximum rated power as specified in the Off-Road Compression-Ignition Engine Standards (title 13, CCR, section 2423). If no standards have been established for an off-road engine of the same model year and maximum rated power as the new stationary emergency standby diesel-fueled CI engine, then the new stationary emergency standby diesel-fueled CI engine shall meet the Tier 1 standards in title 13, CCR, section 2423 for an off-road engine of the same maximum rated power, irrespective of the new stationary emergency standby diesel-fueled CI engine's model year. c. The District: I. may establish more stringent diesel PM, NMHC+NOx, HC, NOx, and CO emission rate standards; and II. may establish more stringent limits on hours of maintenance and testing on a site-specific basis; and III. shall determine an appropriate limit on the number of hours of operation for demonstrating compliance with other District rules and initial start-up testing. 4. New Direct-Drive Emergency Standby Fire Pump Engines: Except as provided in subsection (c), no person shall sell, offer for sale, purchase, or lease for use in California any new direct-drive emergency standby diesel-fueled fire-pump engine that has a rated brake horsepower greater than 50 unless it meets either the emission standards of subsection (e)(2)(A)3. or the emission standards defined in subsection (e)(2)(A)4., and no person shall operate any new stationary emergency standby diesel-fueled CI engine that has a rated brake horsepower greater than 50, unless it meets all of the applicable operating requirements and emission standards specified in either (e)(2)(A)3. or (e)(2)(A)4. a. Standards and Hours of Operating Requirements II. General Requirements: New direct-drive emergency standby diesel-fueled fire-pump engines (>50 bhp) shall, upon District approval of installation: i. meet the Tier 2 emission standards specified in the Off-Road Compression Ignition Engine Standards for off-road engines with the same maximum rated power (title 13 CCR, section 2423) until 3 years after the date the Tier 3 standards are applicable for off-road engines with the same maximum rated power. At that time, new direct-drive emergency standby diesel-fueled fire-pump engines (>50 bhp) are required to meet the Tier 3 emission standards, until 3 years after the date the Tier 4 standards are applicable for off-road engines with the same maximum rated power. At that time, new direct-drive emergency standby diesel-fueled fire-pump engines (>50 bhp) are required to meet the Tier 4 emission standards; and ii. not operate more than the number of hours necessary to comply with the testing requirements of the National Fire Protection Association (NFPA) 25 - "Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems," 1998 edition, which is incorporated herein by reference. This subsection does not limit engine operation for emergency use and for emission testing to show compliance with (e)(2)(A)4. b. The District: I. may establish more stringent diesel PM, NMHC+NOx, HC, NOx and CO emission rate standards; and II. may establish more stringent limits on hours of maintenance and testing on a site-specific basis; and III. shall determine an appropriate limit on the number of hours of operation for demonstrating compliance with other District rules and initial start-up testing. (B) In-Use Emergency Standby Diesel-Fueled CI Engine (> 50 bhp) Operating Requirements and Emission Standards 1. No owner or operator shall operate any in-use stationary emergency standby diesel-fueled CI engine in response to the notification of an impending rotating outage unless all the following criteria are met: a. the engine's permit to operate allows operation of the engine in anticipation of a rotating outage, or the District has established a policy or program that authorizes operation of the engine in anticipation of a rotating outage; and b. the Utility Distribution Company has ordered rotating outages in the control area where the engine is located, or has indicated it expects to issue such an order at a certain time; and c. the engine is located in a specific location that is subject to the rotating outage; and d. the engine is operated no more than 30 minutes prior to the time when the Utility Distribution Company officially forecasts a rotating outage in the control area; and e. the engine operation is terminated immediately after the Utility Distribution Company advises that a rotating outage is no longer imminent or in effect. 2. At-School and Near-School Provisions. No owner or operator shall operate an in-use stationary emergency standby diesel-fueled CI engine for non-emergency use, including maintenance and testing, during the following periods: a. whenever there is a school sponsored activity, if the engine is located on school grounds, and b. between 7:30 a.m. and 3:30 p.m. on days when school is in session, if the engine is located within 500 feet of school grounds. Subsection (e)(2)(B)2. does not apply if the engine emits no more than 0.01 g/bhp-hr of diesel PM. 3. Except as provided in subsection (c), no owner or operator shall operate an in-use stationary emergency standby diesel-fueled CI engines (> 50 hp) in California unless it meets, in accordance with the applicable compliance schedules specified in subsections (f) and (g), the following requirements (which are summarized in Table 2): Table 2. Summary of the Emission Standards and Operating Requirements for In- Use Stationary Emergency Standby Diesel-Fueled CI Engines > 50 BHP (See Subsection (e)(2)(B)3.) Diesel PM Other Pollutants Maximum Allowable Annual Hours of Operation for Engines Meeting Diesel PM Standards Diesel PM HC, NOx, NMHC+NOx, and Standards Non-Emergen- CO Standards (g/bhp-hr) cy Use (g/bhp-hr) Emergency Emission Maintenance Testing & Testing Use to show (hours/yea- compliance r) _________________________ >0.40 Not Limited Not Limited 20 Not limited by ATCM by by ATCM ATCM _________________________ > 0.15 and Not Limited Not Limited 21 to 30 For engines with emission by by control strategies < or =0.40 ATCM ATCM not verified through the verification procedure: _________________________ Off-Road CI Engine Certification Standards >0.01 and Not Limited Not Limited 31 to 50 for an off-road engine of by by the same model year < or =0.15 ATCM ATCM (Upon and maximum rated power, approval or Tier 1 standards by the for an off-road engine of District) the same maximum rated power. OR < or =0.01 Not Limited Not Limited 51 to 100 Both (i) and (ii) must be by by met: ATCM ATCM (Upon (i) No increase in HC or approval NOx above 10% by the from baseline levels District) OR No increase in NMHC+NOx emissions above baseline levels (ii) No increase in CO above 10% from baseline levels ___________ 1. Emission testing limited to testing to show compliance with subsections (e)(2)(B)3. 2. May be subject to emission or operational restrictions as defined in current applicable district rules, regulations, or policies. 3. The option to comply with the Tier 1 standards is available only if no off-road engine certification standards have been established for an off-road engine of the same model year and maximum rated power as the new stationary emergency standby diesel-fueled CI engine. a. Diesel PM Standard and Hours of Operation Limitations I. General Requirements: i. No owner or operator shall operate an in-use stationary emergency standby diesel-fueled CI engine (>50 bhp) that emits diesel PM at a rate greater than 0.40 g/bhp-hr more than 20 hours per year for maintenance and testing purposes. The District may approve up to 20 additional hours per year for the maintenance and testing of such in-use emergency standby diesel fueled CI engines operated at health facilities. This subsection does not limit engine operation for emergency use and for emission testing to show compliance with (e)(2)(B)3. ii. No owner or operator shall operate an in-use stationary emergency standby diesel-fueled CI engine (>50 bhp) that emits diesel PM at a rate less than or equal to 0. 40 g/bhp-hr more than 30 hours per year for maintenance and testing purposes, except as provided in (e)(2)(B)3.a.II. This subsection does not limit engine operation for emergency use and for emission testing to show compliance with (e)(2)(B)3. II. The District may allow in-use stationary emergency standby diesel-fueled CI engines (> 50 bhp) to operate more than 30 hours per year for maintenance and testing purposes on a site-specific basis, provided the following limits are met: i. Up to 40 annual hours of operation are allowed for maintenance and testing purposes at a health facility if the diesel PM emission rate is greater than 0.15 g/bhp-hr but less than or equal to 0.40 g/bhp-hr. ii. Up to 50 annual hours of operation are allowed for maintenance and testing purposes if the diesel PM emission rate is less than or equal to 0.15 g/bhp-hr. iii. Up to 100 annual hours of operation are allowed for maintenance and testing purposes if the diesel PM emission rate is less than or equal to 0.01 g/bhp-hr. b. Additional Standards: Owners or operators that choose to meet the diesel PM standards defined in subsection (e)(2)(B)3. a. with emission control strategies that are not verified through the Verification Procedure shall either: I. Meet the applicable HC, NOx, NMHC+NOx, and CO standards for off-road engines of the same model year and maximum rated power as specified in the Off-Road Compression-Ignition Engine Standards (title 13, CCR, section 2423). If no standards have been established for an off-road engine of the same model year and maximum rated power as the in-use stationary emergency standby diesel-fueled CI engine, then the in-use stationary emergency standby diesel-fueled CI engine shall meet the Tier 1 standards in title 13, CCR, section 2423 for an off-road engine of the same maximum rated power, irrespective of the in-use stationary emergency standby diesel-fueled CI engine's model year; Or II. Not increase CO emission rates by more than 10% above baseline; and Not increase HC or NOx emission rates by more than 10% above baseline; or Not increase the sum of NMHC and NOx emission rates above baseline. c. The District: I. may establish more stringent diesel PM, NMHC+NOx, HC, NOx, and CO emission rate standards; and II. may establish more stringent limits on hours of maintenance and testing on a site-specific basis; and III. shall determine an appropriate limit on the number of hours of operation for demonstrating compliance with other District rules and initial start-up testing. (C) New Stationary Prime Diesel-Fueled CI Engine (> 50 bhp) Emission Standards As of January 1, 2005, except as provided in subsection (c), no person shall sell, purchase, or lease for use in California a new stationary prime diesel-fueled CI engine that has a rated brake horsepower greater than 50 unless it meets the following applicable emission standards, and no owner or operator shall operate any new stationary prime diesel-fueled CI engine that has a rated brake horsepower greater than 50 unless it meets all of the following emission standards and operational requirements (which are summarized in Table 3): Table 3. Summary of the Emission Standards for New Stationary Prime Diesel- Fueled CI Engines > 50 BHP (See Subsection (e)(2)(C)1.) Diesel PM Standards HC, NOx, NMHC+NOx, and CO Standards (g/bhp-hr) (g/bhp-hr) ___________________________________________________________________________ Meet the more stringent of: < or =0.01 Off-Road CI Engine Certification Standard for an off-road engine of the same model OR year and maximum rated power, or Tier 1 standard for an off-road engine Off-Road CI Engine Certification of the same maximum Standard for an off-road engine rated power. of the same maximum rated power ________ 1. May be subject to additional emission limitations as specified in current district rules, regulations, or policies governing distributed generation. 2. The option to comply with the Tier 1 standards is available only if no off-road engine certification standards have been established for an off-road engine of the same model year and maximum rated power as the new stationary prime diesel-fueled CI engine. 1. Diesel PM Standard: All new stationary prime diesel-fueled CI engines (> 50 bhp) shall either emit diesel PM at a rate that is less than or equal to 0. 01 grams diesel PM per brake-horsepower-hour (g/bhp-hr) or shall meet the diesel PM standard, as specified in the Off-Road Compression Ignition Engine Standards for off-road engines with the same maximum rated power (title 13, CCR, section 2423), in effect on the date of acquisition or submittal, as defined in subsection (d), whichever is more stringent; 2. HC, NOx, NMHC+NOx, and CO Standards: All new stationary prime diesel-fueled CI engines (> 50 bhp) shall meet the standards for off-road engines of the same model year and maximum rated power as specified in the Off-Road Compression-Ignition Engine Standards (title 13, CCR, section 2423). If no limits have been established for an off-road engine of the same model year and maximum rated power as the new stationary prime diesel-fueled CI engine, then the new stationary prime diesel-fueled CI engine shall meet the Tier 1 standards in title 13, CCR, section 2423, for an off-road engine of the same maximum rated power, irrespective of the new stationary prime diesel-fueled CI engine's model year; 3. New stationary prime diesel-fueled CI engines that are used to provide electricity near the place of use (also known as "distributed generation") may be subject to additional emission limitations as specified in current district rules, policies, or regulations governing distributed generation; 4. The District may establish more stringent diesel PM, NMHC+NOx, HC, NOx, and CO emission rate limits on a site-specific basis. (D) In-Use Stationary Prime Diesel-Fueled CI Engine (> 50 bhp) Emission Standards Except as provided in subsection (c), no owner or operator shall operate an in-use stationary prime diesel-fueled CI engines (> 50 bhp) in California unless it meets the following requirements (which are summarized in Table 4): Table 4. Summary of the Emission Standards for In-Use Stationary Prime Diesel- Fueled CI Engines > 50 BHP (See Subsection (e)(2)(D)1.) Diesel PM Other Pollutants ____________________________ Diesel PM HC, NOx, NMHC+NOx, and CO Standards (g/bhp-hr) Standards Applicability Standard (g/bhp-hr) ____________________________ 85% reduction For engines with emission control strategies not from baseline verified through the verification levels procedure: (Option 1) Off-Road CI Engine Certification Standards for an off-road engine of the same model year and maximum rated power, or Tier 1 standards for an All off-road OR off-road engine of the same certified maximum rated in-use prime engines power. 0.01 g/bhp/hr (Option 2) ____________________________ 85% reduction from baseline OR levels (Option 1) Both (i) and (ii) must be met: Only in-use OR (i) No increase in HC or NOx prime engines emissions NOT certified above 10% from baseline levels in accordance with the 0.01 g/bhp/hr OR Off-Road Compression Ignition (Option 2) No increase in NMHC+NOx emissions Standards above baseline levels OR (ii) No increase in CO above 10% from baseline [30% reduction levels from baseline levels AND 0.01 g/bhp-hr by no later than July 1, 2011] (Option 3) __________ 1. The option to comply with the Tier 1 standards is available only if no off-road engine certification standards have been established for an off-road engine of the same model year and maximum rated power as the new stationary emergency standby diesel-fueled CI engine. 1. Diesel PM Standards: All in-use stationary prime diesel-fueled CI engines (> 50 bhp) certified in accordance with the Off-Road Compression-Ignition Engine Standards (title 13, CCR, section 2423) shall comply with either option 1 or option 2 below. All engines not certified in accordance with the Off-Road Compression-Ignition Engine Standards (title 13, CCR, section 2423) shall comply with option 1, option 2, or option 3 below: a. Option 1: Reduce the diesel PM emission rate by at least 85 percent, by weight, from the baseline level, in accordance with the appropriate compliance schedule specified in subsections (f) and (g); b. Option 2: Emit diesel PM at a rate less than or equal to 0.01 g/bhp-hr in accordance with the appropriate compliance schedule as specified in subsections (f) and (g); c. Option 3: Reduce the diesel PM emission rate by at least 30% from the baseline level, by no later than January 1, 2006, and emit diesel PM at a rate of 0. 01 g/bhp-hr or less by no later than July 1, 2011. 2. Additional Standards: Owners or operators that choose to meet the diesel PM limits defined in subsection (e)(2)(D)1.a. with emission control strategies that are not verified through the Verification Procedure shall either: a. Meet the applicable HC, NOx, NMHC+NOx, and CO standards for off-road engines of the same model year and maximum rated power as specified in the Off-Road Compression-Ignition Engine Standards (title 13, CCR, section 2423). If no standards have been established for an off-road engine of the same model year and maximum rated power as the in-use stationary prime diesel-fueled CI engine, then the in-use stationary prime diesel-fueled CI engine shall meet the Tier 1 standards in title 13, CCR, section 2423 for an off-road engine of the same maximum rated power, irrespective of the new stationary emergency standby diesel-fueled CI engine's model year; or b. Not increase CO emission rates by more than 10% above baseline; and Not increase HC or NOx emission rates by more than 10% above baseline, or Not increase the sum of NMHC and NOx emission rates above baseline. 3. The District may establish more stringent diesel PM, NMHC+NOx, HC, NOx, and CO emission rate standards. (E) Emission Standards for New Stationary Diesel-Fueled CI Engines (> 50 bhp) Used in Agricultural Operations 1. As of January 1, 2005, except as provided in subsection (c) and subsection (e)(2)(E)2., no person shall sell, purchase, or lease for use in California any new stationary diesel-fueled engine to be used in agricultural operations that has a rated brake horsepower greater than 50, or operate any new stationary diesel-fueled engine to be used in agricultural operations that has a rated brake horsepower greater than 50, unless the engine meets all of the following emission performance standards (which are summarized in Table 5.): Table 5. Summary of the Emission Standards for New Stationary Diesel-Fueled CI Engines > 50 BHP Used In Agricultural Operations (See Subsection (e)(2)(E)) Diesel PM Other Pollutants Horsepower Diesel PM Standards HC, NOx, NMHC+NOx, Range (hp) (g/bhp-hr) and CO Standards (g/bhp-hr) <0.30 (1) OR All Applications Other Than Generator Set Off-Road CI Engine Operations Certification Standard >50 to <99 for an off-road engine of the same maximum rated power, whichever is more stringent <0.22 (1) OR All Applications Off-Road CI Engine Certification Other Than Generator Set Operations >99 to Off-Road CI Engine Standard for an off-road < 175 Certification Standard engine of the same model year for an off-road engine and maximum rated power, of the same maximum or Tier 1 standard for an rated power, whichever is off-road engine of the more stringent same maximum rated power. (1) < or = 0.15 (1) OR Generator Set Engines >50 Off-Road CI Engine Certification Standard for an off-road engine of the same maximum rated power, whichever is more stringent. 1. Prior to January 1, 2008, these limits shall not apply to engines sold from one agricultural operation to another and funded under State or federal incentive funding programs, as specified in (e)(2)(E)2. a. Diesel PM Standard: I. New agricultural stationary diesel-fueled CI engines, used in all agricultural operations except generator set applications with a maximum rated horsepower greater than 50 but less than or equal to 99 shall emit no more than 0.30 g/bhp-hr diesel particulate matter (PM) limit or shall meet the standards, as specified in the Off-Road Compression-Ignition Engine Standards for off-road engines of the same maximum rated power (title 13, CCR, section 2423), in effect on the date of acquisition or submittal, as defined in subsection (d), whichever is more stringent; and II. New agricultural stationary diesel-fueled CI engines, used in all agricultural operations except generator set applications with a maximum rated horsepower greater than 99 but less than 175 shall emit no more than 0.22 g/bhp-hr diesel particulate matter (PM) limit or shall meet the standards, as specified in the Off-Road Compression-Ignition Engine Standards for off-road engines of the same maximum rated power (title 13, CCR, section 2423), in effect on the date of acquisition or submittal, as defined in subsection (d), whichever is more stringent; and III. New agricultural stationary diesel-fueled CI engines, used in generator set applications with a maximum rated horsepower greater than 50, shall emit no more than 0.15 g/bhp-hr diesel PM, or shall meet the standards, as specified in the Off-Road Compression-Ignition Engine Standards for off-road engines of the same maximum rated power (title 13, CCR, section 2423), in effect on the date of acquisition or submittal, as defined in subsection (d), whichever is more stringent; and b. NMHC, NOx, and CO Standards: New agricultural stationary diesel-fueled CI engines shall meet the HC, NOx, (or NMHC+NOx, if applicable) and CO standards for off-road engines of the same model year and maximum rated power, as specified in the Off-Road Compression-Ignition Engine Standards (title 13, CCR, section 2423). If no limits have been established for an off-road engine of the same model year and maximum rated power as the new agricultural stationary diesel-fueled CI engine, then the new agricultural stationary diesel-fueled CI engine shall meet the Tier 1 standards in title 13, CCR, section 2423, for an off-road engine of the same maximum rated power, irrespective of the new agricultural diesel-fueled CI engine's model year. 2. Prior to January 1, 2008, the requirements of subsections (e)(2)(E)1. shall not apply to any stationary diesel-fueled CI engine that: a. is used in agricultural operations; and b. was funded under a State or federal incentive funding program; and c. was sold for use in another agricultural operation, provided the stationary diesel-fueled CI engine complies with Tier II Off-Road Compression Ignition Standards for off-road engines of the same maximum rated power (title 13, CCR, section 2423). For purposes of this subsection, State or federal incentive funding programs include, but are not limited to, California's Carl Moyer Program, as set forth in title 17, Part 5, Chapter 9 of the California Health and Safety Code, and the U.S. Department of Agriculture's Environmental Quality Incentives Program (EQIP), as set forth in title 7, Chapter XIV, Part 1466 of the Code of Federal Regulations. (F) Operating Requirements and Emission Standards for New and In-Use Emergency Standby Stationary Diesel-Fueled CI Engines that Have a Rated Brake Horsepower of Greater than 50 (>50 bhp) Used in Demand Response Programs (DRP Engines) 1. New Emergency Standby Diesel-Fueled CI DRP Engines (>50 bhp) Operating Requirements and Emission Standards a. At-School and Near-School Provisions. No owner or operator shall operate a new stationary emergency standby diesel-fueled CI DRP engine for non-emergency use, including maintenance and testing, during the following periods: I. whenever there is a school sponsored activity, if the engine is located on school grounds; and II. between 7:30 a.m. and 3:30 p.m. on days when school is in session, if the engine is located within 500 feet of school grounds. Subsection (e)(2)(F)1.a. does not apply if the engine emits no more than 0.01 g/bhp-hr of diesel PM. b. No owner or operator shall operate any new stationary emergency standby diesel-fueled CI DRP engine (>50 bhp) in response to the notification of an impending rotating outage, unless the engine is operating pursuant to a DRP, or all of the following criteria are met: I. the engine's permit to operate allows operation of the engine in anticipation of a rotating outage, or the District has established a policy or program that authorizes operation of the engine in anticipation of a rotating outage; and II. the Utility Distribution Company has ordered rotating outages in the control area where the engine is located, or has indicated it expects to issue such an order at a specified time; and III. the engine is in a specific location that is subject to the rotating outage in the control area; and IV. the engine is operated no more than 30 minutes prior to the time when the Utility Distribution Company officially forecasts a rotating outage in the control area; and V. the engine operation is terminated immediately after the Utility Distribution Company advises that a rotating outage is no longer imminent or in effect. c. Except as provided in subsection (c), no owner or operator shall operate any new stationary emergency standby diesel-fueled CI DRP engine (>50 bhp), unless it meets all of the following applicable operating requirements and emission standards: I. Diesel PM Standard and Hours of Operating Requirements i. New DRP Engines enrolled in the RBRP on or after January 1, 2005, and prior to January 1, 2008, shall: aa. meet the requirements specified in (e)(2)(A)3. and bb. not operate more than 75 hours per year for RBRP operation. ii. New DRP Engines enrolled in the RBRP on or after January 1, 2008, shall: aa. meet the more stringent diesel PM standard of either 0.01 g/bhp-hr of diesel PM; or bb. the current model year diesel PM standard as specified in the Off-Road Compression Ignition Engine Standards for off-road engines with the same maximum rated power (title 13, CCR, section 2423) in effect on the date of RBRP enrollment; and cc. comply with the limitations on the hours of operation for maintenance and testing as specified in (e)(2)(A)3.a.II.; and dd. not operate more than 75 hours per year for RBRP operation. iii. New DRP Engines enrolled in an ISC on or after January 1, 2005, shall: aa. meet the more stringent diesel PM standard of either 0.01 g/bhp-hr diesel PM; or bb. the current model year diesel PM standard as specified in the Off-Road Compression Ignition Engine Standards for off-road engines with the same maximum rated power (title 13, CCR, section 2423) in effect on the date of ISC enrollment; and cc. comply with the limitations on the hours of operation for maintenance and testing as specified in (e)(2)(A)3.a.II.; and dd. not operate more than 150 hours per year for ISC operation. II. HC, NOx, NMHC + NOx, and CO standards: No owner or operator shall operate any new stationary emergency standby diesel-fueled CI DRP engine (>50 bhp), unless it meets the standards for off-road engines of the same model year and maximum rated power as specified in the Off-Road Compression-Ignition Engine Standards (title 13, CCR, section 2423). If no standards have been established for an off-road engine of the same model year and maximum rated power as the new stationary emergency standby diesel-fueled CI DRP engine, then the new stationary emergency standby diesel-fueled CI DRP engine shall meet the Tier 1 standards in title 13, CCR, section 2423 for an off-road engine of the same maximum rated power, irrespective of the new stationary emergency standby diesel-fueled CI DRP engine's model year. III. The District: i. may establish more stringent diesel PM, NMHC+NOx, HC, NOx, and CO emission rate standards; and ii. may establish more stringent maintenance and testing hour of operation standards on a site-specific basis; and iii. shall determine an appropriate limit on the number of hours of operation for demonstrating compliance with other District rules and initial start-up testing. 2. In-Use Emergency Standby Diesel-Fueled CI DRP Engine (> 50 bhp) Operating Requirements and Emission Standards a. At-School and Near-School Provisions. No owner or operator shall operate an in-use stationary emergency standby diesel-fueled CI engine for non-emergency use, including maintenance and testing, during the following periods: I. whenever there is a school sponsored activity, if the engine is located on school grounds; and II. between 7:30 a.m. and 3:30 p.m. on days when school is in session, if the engine is located within 500 feet of school grounds. Subsection (e)(2)(F)2.a. does not apply if the engine emits no more than 0.01 g/bhp-hr of diesel PM. b. No owner or operator shall operate any in-use stationary emergency standby diesel-fueled CI DRP engine (>50 bhp) in response to the notification of an impending rotating outage, unless the engine is operating pursuant to a DRP, or all of the following criteria are met: I. the engine's permit to operate allows operation of the engine in anticipation of a rotating outage, or the District has established a policy or program that authorizes operation of the engine in anticipation of a rotating outage; and II. the Utility Distribution Company has ordered rotating outages in the control area where the engine is located, or has indicated it expects to issue such an order at a certain time; and III. the engine is in a specific location that is subject to the rotating outage in the control area; and IV. the engine is operated no more than 30 minutes prior to the time when the Utility Distribution Company officially forecasts a rotating outage in the control area; and V. the engine operation is terminated immediately after the Utility Distribution Company advises that a rotating outage is no longer imminent or in effect. c. Except as provided in subsection (c), no owner or operator shall operate any in-use stationary emergency standby diesel-fueled CI DRP engine (> 50 hp) unless it meets all of the following applicable operating requirements and emission standards: I. Diesel PM Standard and Hours of Operation Requirements i. In-Use DRP Engines enrolled in the RBRP prior to January 1, 2005, shall: aa. meet the diesel PM standards and hour of operation limitations specified in (e)(2)(B)3.a. and (e)(2)(B)3.b.; and bb. not operate more than 75 hours per year for RBRP operation. ii. In-Use DRP Engines enrolled in the RBRP on or after January 1, 2005, and prior to January 1, 2008, shall: aa. meet a diesel PM standard of 0.15 g/bhp-hr diesel PM; and bb. meet the requirements specified in (e)(2)(B)3.a. for maintenance and testing hours of operation; and cc. not operate more than 75 hours per year for RBRP operation. iii. In-Use DRP Engines enrolled in the RBRP on or after January 1, 2008, shall: aa. meet a diesel PM standard of 0.01 g/bhp-hr diesel PM; and bb. meet the requirements specified in (e)(2)(B)3.a. for maintenance and testing hours of operation; and cc. not operate more than 75 hours per year for RBRP operation. iv. In-Use DRP Engines enrolled in an ISC prior to January 1, 2005, shall as of January 1, 2006: aa. meet a diesel PM standard of 0.15 g/bhp-hr diesel PM; and bb. meet the requirements specified in (e)(2)(B)3.a. for maintenance and testing hours of operation; and cc. not operate more than 150 hours per year for ISC operation. v. In-Use DRP Engines enrolled in an ISC on or after January 1, 2005, and prior to January 1, 2008, shall: aa. meet a diesel PM standard of 0.15 g/bhp-hr diesel PM; and bb. meet the requirements specified in (e)(2)(B)3.a. for maintenance and testing hours of operation; and cc. not operate more than 150 hours per year for ISC operation. vi. In-Use DRP Engines enrolled in an ISC on or after January 1, 2008, shall: aa. meet a diesel PM standard of 0.01 g/bhp-hr diesel PM; and bb. meet the requirements specified in (e)(2)(B)3.a. for maintenance and testing hours of operation; and cc. not operate more than 150 hours per year for ISC operation. II. Additional Standards: Owners or operators that choose to meet the diesel PM standards and hour of operation limits defined in subsection (e)(2)(F)2.c. with emission control strategies that are not verified through the Verification Procedure shall either: i. Meet the applicable HC, NOx, NMHC+NOx, and CO standards for off-road engines of the same model year and maximum rated power as specified in the Off-Road Compression-Ignition Engine Standards (title 13, CCR, section 2423). If no standards have been established for an off-road engine of the same model year and maximum rated power as the in-use stationary emergency standby diesel-fueled CI DRP engine, then the in-use stationary emergency standby diesel-fueled CI DRP engine shall meet the Tier 1 standards in title 13, CCR, section 2423 for an off-road engine of the same maximum rated power, irrespective of the in-use stationary emergency standby diesel-fueled CI DRP engine's model year; or ii. Not increase CO emission rates by more than 10% above baseline; and not increase HC or NOx emission rates by more than 10% above baseline, or not increase the sum of NMHC and NOx emission rates above baseline. III. The District: i. may establish more stringent diesel PM, NMHC+NOx, HC, NOx, and CO emission rate standards; and ii. may establish more stringent limits on hours of maintenance and testing on a site-specific basis; and iii. shall determine an appropriate limit on the number of hours of operation for demonstrating compliance with other District rules and initial start-up testing. 3. Other Requirements Specific to RBRP Engines and the San Diego Gas and Electric Company (SDGE) a. The sum total electrical generation (also known as the "total load reduction capacity") from all diesel-fueled engines dispatched in the RBRP shall not exceed 80.0 megawatts (MW) at any time. b. RBRP Engines shall be dispatched by SDGE into service in accordance with a district-approved dispatch protocol as specified in subsection (e)(4)(J)2. 4. Requirements Applicable to DRP Engines after a DRP is Terminated After a DRP is terminated by either the Utility Distribution Company or the engine owner or operator, the DRP engine shall remain subject to the requirements of subsection (e)(2)(F) as if the DRP were still in effect. (3) Emission Standards for New Stationary Diesel-Fueled CI Engines, Less Than or Equal to 50 Brake Horsepower (< 50 bhp-hr). As of January 1, 2005, except as provided in subsection (c), no person shall sell, offer for sale, or lease for use in California any stationary diesel-fueled CI engine that has a rated brake horsepower less than or equal to 50, unless the engine meets the current Off-Road Compression-Ignition Engine Standards (title 13, CCR, section 2423) for PM, NMHC+NOx, and CO for diesel off-road engines of the same maximum rated power. (These requirements are summarized in Table 6.) Table 6. Summary of the Emission Standards for Stationary Diesel-Fueled CI Engines < or = 50 BHP (See Subsection (e)(3)) Diesel PM Standards, NMHC+NOx, and CO Standards (g/bhp-hr) __________ __________ __________ Current Off-Road CI Engine Certification Standard for an off-road engine of the same maximum rated power. (4) Recordkeeping , Reporting, and Monitoring Requirements (A) Reporting Requirements for Owners or Operators of New and In-Use Stationary CI Engines, Including Non-Diesel-Fueled CI Engines, Having a Rated Horsepower Greater than 50 (> 50 bhp) 1. Except as provided in subsection (c) and subsection (e)(4)(A)5. below, prior to the installation of any new stationary CI engine (> 50 bhp) at a facility, each owner or operator shall provide the information identified in subsection (e)(4)(A)3. to the District APCO. 2. Except as provided in subsection (c) and subsection (e)(4)(A)5. below, and no later than July 1, 2005, each owner or operator of an in-use stationary CI engine (> 50 bhp) shall provide the information specified in subsection (e)(4)(A)3. to the District APCO. 3. Each owner or operator shall submit to the District APCO the following information for each new and in-use stationary CI engine (>50 bhp) in accordance with the requirements of subsections (e)(4)(A)1. and (e)(4)(A)2. above: a. Owner/Operator Contact Information I. Company name II. Contact name, phone number, address, e-mail address III. Address of engine(s) b. Engine Information I. Make, II. Model, III. Engine Family, IV. Serial number, V. Year of manufacture (if unable to determine, approximate age), VI. Rated Brake Horsepower Rating, VII. Exhaust stack height from ground, VIII. Engine Emission Factors and supporting data for PM, NOx and NMHC separately or NMHC+NOx, and CO, (if available) from manufacturers data, source tests, or other sources (specify), IX. Diameter of stack outlet, X. Direction of outlet (horizontal or vertical), XI. End of stack (open or capped), XII. Control equipment (if applicable) i. Turbocharger, ii. Aftercooler, iii. Injection Timing Retard, iv. Catalyst, v. Diesel Particulate Filter, vi. Other; c. Fuel(s) Used I. CARB Diesel, II. Jet fuel, III. Diesel, IV. Alternative diesel fuel (specify), V. Alternative fuel (specify), VI. Combination (Dual fuel) (specify), VII. Other (specify); d. Operation Information I. Describe general use of engine, II. Typical load (percent of maximum bhp rating), III. Typical annual hours of operation, IV. If seasonal, months of year operated and typical hours per month operated, V. Fuel usage rate (if available); e. Receptor Information I. Nearest receptor description (receptor type), II. Distance to nearest receptor (feet or meters), III. Distance to nearest school grounds; f. State whether the engine is included in an existing AB2588 emission inventory. 4. Except as provided in subsection (c), and no later than 180 days prior to the earliest applicable compliance date specified in subsections (f) or (g), each owner or operator of an in-use stationary diesel-fueled CI engine (> 50 bhp) shall provide the following additional information to the District APCO: an identification of the control strategy for each stationary diesel-fueled CI engine that when implemented will result in compliance with subsections (e)(2). If applicable, the information should include the Executive Order number issued by the Executive Officer for a Diesel Emission Control Strategy that has been approved by the Executive Officer through the Verification Procedure. 5. The District APCO may exempt the owner or operator from providing all or part of the information identified in subsection (e)(4)(A)3. or (e)(4)(A)4. if there is a current record of the information in the owner or operator's permit to operate, permit application, or District records. 6. Upon the written request by the Executive Officer, the District APCO shall provide to the Executive Officer a written report of all information identified in subsections (e)(4)(A)3. and (e)(4)(A)4. (B) Reporting Requirements for Sellers of New Emergency Standby or Stationary Prime Diesel-Fueled CI Engines (> 50 bhp) Sold To Agricultural Operations 1. Except as provided by subsection (c), by January 31, 2006 and January 31st of each year thereafter, any person who sells a stationary diesel-fueled CI engine having a rated brake horsepower greater than 50 for use in an agricultural operation shall provide the following information for the previous calendar year (January 1st through December 31st) to the Executive Officer of the Air Resources Board: a. Contact Information I. Seller's Company Name (if applicable); II. Contact name, phone number, e-mail address; b. Engine Sales Information (for each engine sold for use in California in the previous calendar year) I. Make, II. Model, III. Model year (if known), IV. Rated brake horsepower, V. Number of engines sold, VI. Certification executive order number (if applicable), VII. Engine family number (if known), VIII. Emission control strategy (if applicable). (C) Reporting Requirements for Sellers of Stationary Diesel-Fueled CI Engines Having a Rated Brake Horsepower Less Than or Equal to 50 (< or = 50 bhp) 1. Except as provided in subsection (c), by January 31, 2006 and January 31st of each year thereafter, all sellers of stationary diesel-fueled CI engines for use in California that have a rated brake horsepower less than or equal to 50 shall provide the following information for the previous calendar year (January 1st through December 31st) to the Executive Officer of the Air Resources Board: a. Contact Information I. Sellers Company Name (if applicable); II. Contact name, phone number, e-mail address; b. Engine Sales Information (for each engine sold for use in California in the previous calendar year) I. Make, II. Model, III. Model year (if known), IV. Rated brake horsepower, V. Number of engines sold, VI. Certification executive order number (if applicable), VII. Engine family number (if known), VIII. Emission control strategy (if applicable). (D) Demonstration of Compliance with Emission Limits 1. Prior to the installation of a new stationary diesel-fueled CI engine at a facility, the owner or operator of the new stationary diesel-fueled CI engine(s) subject to the requirements of section (e)(2)(A)3, (e)(2)(A)4., (e)(2)(C)1, (e)(2)(E)(1), or (e)(2)(F)1.c, shall provide emission data to the District APCO in accordance with the requirements of subsection (h) for purposes of demonstrating compliance. 2. By no later than the earliest applicable compliance date specified in subsections (f) or (g), the owner or operator of an in-use stationary diesel-fueled CI engine(s) subject to the requirements of subsection (e)(2)(B)3, (e)(2)(D)1., or (e)(2)(F)2.c., shall provide emissions and/or operational data to the District APCO in accordance with the requirements of subsection (h) for purposes of demonstrating compliance. (E) Notification of Non-Compliance Owners or operators who have determined that they are operating their stationary diesel-fueled engine(s) in violation of the requirements specified in subsections (e)(1) or (e)(2) shall notify the district APCO immediately upon detection of the violation and shall be subject to district enforcement action. (F) Notification of Loss of Exemption 1. Owners or operators of in-use stationary diesel-fueled CI engines, who are subject to an exemption specified in subsections (c) or (e)(2)(E)2. from all or part of the requirements of subsection (e)(2), shall notify the district APCO immediately after they become aware that the exemption no longer applies. No later than 180 days after notifying the APCO, the owner or operator shall demonstrate compliance with the requirements of subsection (e)(2). An owner or operator of an in-use stationary diesel-fueled CI engine(s) subject to the requirements of subsection (e)(2) shall provide emission data to the District APCO in accordance with the requirements of subsection (h) for purposes of demonstrating compliance. 2. The District APCO shall notify owners or operators of in-use stationary diesel-fueled CI engines, who are subject to the exemption specified in subsection (c)(9) from the requirements of subsections(e)(1) and (e)(2), when the exemption no longer applies. No later than 180 days after notification by the District APCO, the owner or operator shall demonstrate compliance with the requirements of subsections (e)(1) and (e)(2). An owner or operator of an in-use stationary diesel-fueled CI engine(s) subject to the requirements of subsection (e)(2) shall provide emissions data to the District APCO in accordance with the requirements of subsection (h) for purposes of demonstrating compliance. (G) Monitoring Equipment 1. A non-resettable hour meter with a minimum display capability of 9,999 hours shall be installed upon engine installation, or by no later than January 1, 2005, on all engines subject to all or part of the requirements of subsection (e)(2), unless the District determines on a case-by-case basis that a non-resettable hour meter with a different minimum display capability is appropriate in consideration of the historical use of the engine and the owner or operator's compliance history. 2. All DPFs installed pursuant to the requirements in subsection (e)(2) must, upon engine installation or by no later than January 1, 2005, be installed with a backpressure monitor that notifies the owner or operator when the high backpressure limit of the engine is approached. 3. The District APCO may require the owner or operator to install and maintain additional monitoring equipment for the particular emission control strategy(ies) used to meet the requirements of subsection (e)(2). (H) Reporting Provisions for Exempted Prime and Emergency Engines An owner or operator of an engine subject to subsections (c)(6) or (c)(12) shall keep records of the number of hours the engines are operated on a monthly basis. Such records shall be retained for a minimum of 36 months from the date of entry. Record entries made within 24 months of the most recent entry shall be retained on-site, either at a central location or at the engine's location, and made immediately available to the District staff upon request. Record entries made from 25 to 36 months from the most recent entry shall be made available to District staff within 5 working days from the district's request. (I) Reporting Requirements for Emergency Standby Engines 1. Starting January 1, 2005, each owner or operator of an emergency standby diesel-fueled CI engine shall keep a monthly log of usage that shall list and document the nature of use for each of the following: a. emergency use hours of operation; b. maintenance and testing hours of operation; c. hours of operation for emission testing to show compliance with subsections (e)(2)(A)3. and (e)(2)(B)3.; d. initial start-up hours; e. if applicable, hours of operation to comply with the requirements of NFPA 25; f. hours of operation for all uses other than those specified in subsections (e)(4)(I)1.a through (e)(4)(I)1.d. above; and g. for in-use emergency standby diesel-fueled engines, the fuel used. The owner or operator shall document fuel use through the retention of fuel purchase records that account for all fuel used in the engine and all fuel purchased for use in the engine, and, at a minimum, contain the following information for each individual fuel purchase transaction: I. identification of the fuel purchased as either CARB Diesel, or an alternative diesel fuel that meets the requirements of the Verification Procedure, or an alternative fuel, or CARB Diesel fuel used with additives that meet the requirements of the Verification Procedure, or any combination of the above; II. amount of fuel purchased; III. date when the fuel was purchased; IV. signature of owner or operator or representative of owner or operator who received the fuel; and V. signature of fuel provider indicating fuel was delivered. 2. Log entries shall be retained for a minimum of 36 months from the date of entry. Log entries made within 24 months of the most recent entry shall be retained on-site, either at a central location or at the engine's location, and made immediately available to the District staff upon request. Log entries made from 25 to 36 months from most recent entry shall be made available to District staff within 5 working days from request. (J) Reporting Requirements for the San Diego Gas and Electric Company Regarding the RBRP 1. The San Diego Gas and Electric Company shall provide to the San Diego County Air Pollution Control District the following information, by January 31, 2005, to the extent the District does not already have the information: a. For each diesel-fueled engine enrolled in the RBRP: I. Owner's Company Name (if applicable); II. Contact name, phone number, e-mail address; III. Load reduction capacity of engine, which is the rated brake horsepower expressed in megawatts (megawatts); and IV. Diesel PM emission rate of the engine (g/bhp-hr); b. The San Diego Gas and Electric Company shall update the information as necessary to reflect the current inventory of RBRP engines and provide the updated information to the SDAPCD upon request. 2. The San Diego Gas and Electric Company shall provide the San Diego County Air Pollution Control District with an environmental dispatch protocol for the RBRP that meets all of the following requirements: a. The protocol shall require the San Diego Gas and Electric Company to dispatch engines in an order that protects public health, with consideration given to factors including, but not limited to, diesel PM emission rate, location, and other factors to be determined by the District; and b. The protocol shall require the San Diego Gas and Electric Company to identify and report to the District the specific engines called for dispatch within 1 day of the dispatch; and c. The protocol shall require the San Diego Gas and Electric Company to report the following information to the District, within 30 days of the dispatch: I. Identification of engine dispatched; II. Load capacity of engine dispatched; III. Cumulative total of load capacity of engines dispatched (megawatts); and IV. Cumulative total of diesel PM emission rate of engines dispatched (g/hr). d. Within 30 calendar days of receiving the environmental dispatch protocol, or a time period mutually agreed by the parties, the District APCO shall approve or disapprove the protocol. (K) Additional Reporting Requirements for the Stationary Emergency Standby Diesel-Fueled CI Engines Used To Fulfill the Requirements of an Interruptible Service Contract (ISC) 1. The owner or operator of an ISC engine shall provide to the District the following information, as necessary to the extent the District does not already have the information: a. For each diesel-fueled engine enrolled in the ISC: I. Owner's Company Name (if applicable); II. Contact name, phone number, e-mail address; and III. Diesel PM emission rate of the engine (g/bhp-hr). b. For engines enrolled in an ISC prior to January 1, 2005, the information identified in (e)(4)(K)1.a. shall be provided to the District by January 31, 2005; and c. For engines enrolled in an ISC after January 1, 2005, the information identified in (e)(4)(K)1.a. shall be provided to the District no later than 30 days after the engine is enrolled in an ISC. The owner or operator shall update the information as necessary to reflect the current inventory of ISC engines and shall provide the updated information to the District upon request. (f) Compliance Schedule for Owners or Operators of Three or Fewer Engines (> 50 bhp) Located within the District (1) All owners and operators of three or fewer engines located within the District, who will meet the requirements of subsections (e)(2)(B) solely by maintaining or reducing the current annual hours of operation for maintenance and testing, shall be in compliance with the annual hours of operation limits beginning January 1, 2006. (2) All owners and operators of three or fewer engines located within the District, which are not subject to subsection (f)(1) but are required to meet the requirements of subsections (e)(2)(B) or (e)(2)(D), shall meet these requirements in accordance with the following schedule: (A) All pre-1989 through 1989 model year engines, inclusive, shall be in compliance by no later than January 1, 2006; (B) All 1990 through 1995 model year engines, inclusive, shall be in compliance by no later than January 1, 2007; and (C) All 1996 and later model year engines shall be in compliance by no later than January 1, 2008. (g) Compliance Schedule for Owners or Operators of Four or More Engines (> 50bhp) Located within the District (1) All owners and operators of four or more engines located within the District, who will meet the requirements of subsections (e)(2)(B) solely by maintaining or reducing the current annual hours of operation for maintenance and testing, shall be in compliance with the annual hours of operation limits beginning January 1, 2006. (2) All owners and operators of four or more engines located within the District, who are subject to the requirements of subsections (e)(2)(B) or (e)(2)(D) and who are not required to meet the compliance date specified in (g)(1), shall comply with (e)(2)(B) or (e)(2)(D), whichever applies, according to the following schedule: Pre-1989 Through 1989 Model Year Engines, Inclusive Percent of Engines Compliance date 50% January 1, 2007 75% January 1, 2008 100% January 1, 2009 1990 through 1995 Model Year Engines, Inclusive Percent of Engines Compliance date 30% January 1, 2007 60% January 1, 2008 100% January 1, 2009 1996 and Later Model Year Engines Percent of Engines Compliance date 50% January 1, 2008 100% January 1, 2009 (h) Emissions Data (1) Upon approval by the District APCO or the Executive Officer, the following sources of data may be used in whole or part to meet the emission data requirements of subsections (e)(2)(A) through (e)(2)(F): (A) off-road engine certification test data for the stationary diesel-fueled CI engine, (B) engine manufacturer test data, (C) emissions test data from a similar engine, or (D) emissions test data used in meeting the requirements of the Verification Procedure for the emission control strategy implemented. (2) Emissions testing of a stationary diesel-fueled CI engine, for purposes of showing compliance with the requirements of subsections (e)(2)(A) through (e)(2)(F), shall be done in accordance with the methods specified in subsection (i). (3) For purposes of emissions testing, the particulate matter (PM) emissions from a dual-fueled stationary CI engine, which uses as its fuel a mixture of diesel fuel and other fuel(s), shall be deemed to be 100% diesel PM. (4) Emissions testing for the purposes of determining the percent change from baseline shall include baseline and emission control strategy testing subject to the following conditions: (A) Baseline testing may be conducted with the emission control strategy in place, provided the test sample is taken upstream of the emission control strategy and the presence of the emission control strategy is shown to the District APCO's satisfaction as having no influence on the emission test results; (B) Control strategy testing shall be performed on the stationary diesel-fueled CI engine with full implementation of the emission control strategy; (C) The percent change from baseline shall be calculated as the baseline emissions minus control strategy emissions, with the difference being divided by the baseline emissions and the result expressed as a percentage; and (D) The same test method shall be used for determining both baseline emissions and control strategy emissions. (5) Emission testing for the purposes of demonstrating compliance with an emission level shall be performed on the stationary diesel-fueled CI engine with the emission control strategy fully implemented. (i) Test Methods (1) The following test methods shall be used to determine diesel PM, HC, NOx, CO and NMHC emission rates: (A) Diesel PM emission testing shall be done in accordance with one of the following methods: 1. California Air Resources Board Method 5 (ARB Method 5), "Determination of Particulate Matter Emissions from Stationary Sources," as amended July 28, 1997, which is incorporated herein by reference. a. For purposes of this subsection, diesel PM shall be measured only by the probe catch and filter catch and shall not include PM captured in the impinger catch or solvent extract. b. The tests are to be carried out under steady state operation. Test cycles and loads shall be in accordance with ISO-8178 Part 4 or alternative test cycle approved by the District APCO. c. The District APCO may require additional engine or operational duty cycle data if an alternative test cycle is requested; or 2. International Organization for Standardization (ISO) 8178 Test procedures: ISO 8178-1:1996(E) ( "ISO 8178 Part 1"); ISO 8178-2: 1996(E) ( "ISO 8178 Part 2"); and ISO 8178-4: 1996(E) ( "ISO 8178 Part 4"), which are incorporated herein by reference; or 3. Title 13, California Code of Regulations, section 2423, "Exhaust Emission Standards and Test Procedures - Off-Road Compression Ignition Engines," which is incorporated herein by reference. (B) NOx, CO and HC emission testing shall be done in accordance with one of the following methods: 1. California Air Resources Board Method 100 (ARB Method 100), "Procedures for Continuous Gaseous Emission Stack Sampling," as amended July 28, 1997, which is incorporated herein by reference. a. Tests using ARB Method 100 shall be carried out under steady state operation. Test cycles and loads shall be in accordance with ISO-8178 Part 4 or alternative test cycle approved by the District APCO. b. The District APCO may require additional engine or operational duty cycle data if an alternative test cycle is requested; or 2. International Organization for Standardization (ISO) 8178 Test procedures: ISO 8178-1:1996(E) ( "ISO 8178 Part 1"); ISO 8178-2: 1996(E) ( "ISO 8178 Part 2"); and ISO 8178-4: 1996(E) ( "ISO 8178 Part 4"), which are incorporated herein by reference; or 3. Title 13, California Code of Regulations, section 2423, "Exhaust Emission Standards and Test Procedures - Off-Road Compression Ignition Engines," which is incorporated herein by reference. (C) NMHC emission testing shall be done in accordance with one of the following methods: 1. International Organization for Standardization (ISO) 8178 Test procedures: ISO 8178-1:1996(E) ( "ISO 8178 Part 1"); ISO 8178-2: 1996(E) ( "ISO 8178 Part 2"); and ISO 8178-4: 1996(E) ( "ISO 8178 Part 4"), which are incorporated herein by reference; or 2. Title 13, California Code of Regulations, section 2423, "Exhaust Emission Standards and Test Procedures - Off-Road Compression Ignition Engines," which is incorporated herein by reference. (2) The District APCO may approve the use of alternatives to the test methods listed in subsection (i)(1), provided the alternatives are demonstrated to the APCO's satisfaction as accurate in determining the emission rate of diesel PM, HC, NOx, NMHC, or CO. (j) Severability Each part of this section shall be deemed severable, and in the event that any part of this section is held to be invalid, the remainder of this section shall continue in full force and effect. Note: Authority cited: Sections 39600, 39601, 39650, 39658, 39659, 39665, 39666, 41511 and 43013, Health and Safety Code. Reference: Sections 39002, 39650, 39658, 39659, 39665, 39666, 40000, 41511 and 43013, Health and Safety Code. s 93116. Purpose. The purpose of this airborne toxic control measure (ATCM) is to reduce diesel particulate matter (PM) emissions from portable diesel-fueled engines having a rated brake horsepower of 50 and greater (> or =50 bhp). Note: Authority cited: Sections 39600,39601, 39650, 39658, 39659, 39666, 41752, 43013 and 43018, Health and Safety Code. Reference: Sections 39650, 39666 and 41752, Health and Safety Code. s 93116.1. Applicability. (a) Except as provided below, all portable engines having a maximum rated horsepower of 50 bhp and greater and fueled with diesel are subject to this regulation. (b) The following portable engines are not subject to this regulation: (1) Any engine used to propel mobile equipment or a motor vehicle of any kind; (2) Any portable engine using an alternative fuel; (3) Dual-fuel diesel pilot engines that use an alternative fuel or an alternative diesel fuel; (4) Tactical support equipment; (5) Portable diesel-fueled engines operated on either San Clemente or San Nicolas Island; (6) Engines preempted from State regulation under 42 USC s7543(e)(1); and (7) Portable diesel-fueled engines operated at airports that satisfies the following requirements: (A) the equipment is subject to the South Coast Ground Service Equipment Memorandum of Understanding (MOU); and (B) the participating airlines have demonstrated to the satisfaction of the Executive Officer that the diesel PM reductions achieved by satisfying the requirements of the MOU are equivalent to the reductions achieved by this control measure. Note: Authority cited: Sections 39600, 39601, 39650, 39658, 39659, 39666, 41752, 43013 and 43018, Health and Safety Code. Reference: Sections 39650, 39666 and 41752, Health and Safety Code. s 93116.2. Definitions. (a) Air Pollution Control Officer or APCO means the air pollution control officer of a district, or his/her designee. (b) Alternative Fuel means gasoline, natural gas, propane, liquid petroleum gas (LPG), hydrogen, ethanol, or methanol. (c) Alternative Diesel Fuel means any fuel used in a compression ignition (CI) engine that is not, commonly or commercially known, sold or represented by the supplier as diesel fuel No. 1-D or No. 2-D, pursuant to the specifications in ASTM Standard Specification for Diesel Fuel Oils D975-81, or an alternative fuel, and does not require engine or fuel system modifications for the engine to operate, although minor modifications (e.g., recalibration of the engine fuel control) may enhance performance. An emission control strategy using a fuel additive will be treated as an alternative diesel fuel based strategy unless: (1) the additive is supplied to the engine fuel by an on-board dosing mechanism, or (2) the additive is directly mixed into the base fuel inside the fuel tank of the engine, or (3) the additive and base fuel are not mixed until engine fueling commences, and no more additive plus base fuel combination is mixed than required for a single fueling of a single engine. (d) CARB Diesel Fuel means any diesel fuel that is commonly or commercially known, sold, or represented by the supplier as diesel fuel No. 1-D or No. 2-D, pursuant to the specification for Diesel Fuel Oils D975-81, and that meets the specifications defined in Title 13 CCR, sections 2281, 2282, and 2284. (e) Certified Nonroad Engine refers to an engine meeting an applicable nonroad engine emission standard as set forth in Title 13 of the California Code of Regulations or CFR 40 Part 89. (f) Diesel Fuel means any fuel that is commonly or commercially known, sold, or represented by the supplier as diesel fuel, including any mixture of primarily liquid hydrocarbons -organic compounds consisting exclusively of the elements carbon and hydrogen -that is sold or represented as suitable for use in an engine. (g) Diesel-Fueled means fueled by diesel fuel, or CARB diesel fuel, in whole or part. (h) Diesel Particulate Matter (PM) means the particles found in the exhaust of diesel-fueled engines which may agglomerate and adsorb other species to form structures of complex physical and chemical properties. (i) District means a District as defined in Health and Safety Code section 39025. (j) Dual-fuel Diesel Pilot Engine means a dual-fueled engine that uses diesel fuel as a pilot ignition source at an annual average ratio of less than 5 parts diesel fuel to 100 parts total fuel on an energy equivalent basis. (k) Emergency means providing electrical power or mechanical work during any of the following events and subject to the following conditions: (1) the failure or loss of all or part of normal electrical power service or normal natural gas supply to the facility: (A) which is caused by any reason other than the enforcement of a contractual obligation the owner or operator has with a third party or any other party; and (B) which is demonstrated by the owner or operator to the district APCO's satisfaction to have been beyond the reasonable control of the owner or operator; (2) the failure of a facility's internal power distribution system: (A) which is caused by any reason other than the enforcement of a contractual obligation the owner or operator has with a third party or any other party; and (B) which is demonstrated by the owner or operator to the district APCO's satisfaction to have been beyond the reasonable control of the owner or operator; (3) the pumping of water or sewage to prevent or mitigate a flood or sewage overflow; (4) the pumping of water for fire suppression or protection; (5) the pumping of water to maintain pressure in the water distribution system for the following reasons: (A) pipe break; or (B) high demand on water supply system due to high use of water for fire suppression; (6) the breakdown of electric-powered pumping equipment at sewage treatment facilities or water delivery facilities; (7) the training of personnel in the use of portable equipment for emergency purposes. (l) Emergency Event refers to a situation arising from a sudden and reasonably unforeseen natural disaster such as an earthquake, flood, fire, or other acts of God, or other unforeseen event that requires the use of portable engines to help alleviate the threat to public health and safety. (m) Engine means any piston-driven internal combustion engine. (n) Engines Used Exclusively in Emergency Applications refer to engines that are used only during an emergency or emergency event, and includes appropriate maintenance and testing. (o) Executive Officer means the Executive Officer of the California Air Resources Board (CARB) or his/her designee. (p) Fleet refers to a portable engine or group of portable engines that are owned and managed by an individual operational entity, such as a business, business unit within a corporation, or individual city or state department under the control of a Responsible Official. Engines that are owned by different business entities that are under the common control of only one Responsible Official shall be treated as a single fleet. (q) Fuel Additive means any substance designed to be added to fuel or fuel systems or other engine-related systems such that it is present in-cylinder during combustion and has any of the following effects: decreased emissions, improved fuel economy, increased performance of the engine; or assists diesel emission control strategies in decreasing emissions, or improving fuel economy or increasing performance of the engine. Fuel additives used in conjunction with diesel fuel may be treated as an alternative diesel fuel. (r) In-Use Engines refers to portable diesel-fueled engines operating under valid permits or registrations as of December 31, 2005. (s) Level-3 Verified Technology means a technology that has satisfied the requirements of the "Verification Procedure for In-Use Strategies to Control Emissions from Diesel Engines" in Title 13, California Code of Regulations, commencing with section 2700, and has demonstrated an reduction in diesel particulate matter of 85% or greater. (t) Location means any single site at a building, structure, facility, or installation. (u) Low-Use Engines refers to portable diesel-fueled engines that operate 80 hours or less in a calendar year. (v) Maximum Rated Horsepower (brake horsepower (bhp)) is the maximum brake horsepower rating specified by the portable engine manufacturer and listed on the nameplate of the portable engine. (w) Nonroad Engine means: (1) Except as discussed in paragraph (2) of this definition, a nonroad engine is any engine: (A) in or on a piece of equipment that is self-propelled or serves a dual purpose by both propelling itself and performing another function (such as garden tractors, off-highway mobile cranes and bulldozers); or (B) in or on a piece of equipment that is intended to be propelled while performing its function (such as lawnmowers and string trimmers); or (C) that, by itself or in or on a piece of equipment, is portable or transportable, meaning designed to be and capable of being carried or moved from one location to another. Indicia of transportability include, but are not limited to, wheels, skids, carrying handles, dolly, trailer, or platform. (2) An engine is not a nonroad engine if: (A) the engine is used to propel a motor vehicle or a vehicle used solely for competition, or is subject to standards promulgated under section 202 of the federal Clean Air Act; or (B) the engine is regulated by a federal New Source Performance Standard promulgated under section 111 of the federal Clean Air Act; or (C) the engine otherwise included in paragraph (1)(C) of this definition remains or will remain at a location for more than 12 consecutive months or a shorter period of time for an engine located at a seasonal source. Any engine(s) that replace(s) an engine at a location and that is intended to perform the same or similar function as the engine replaced will be included in calculating the consecutive time period. An engine located at a seasonal source is an engine that remains at a seasonal source during the full annual operating period of the seasonal source. A seasonal source is a stationary source that remains in a single location on a permanent basis (at least two years) and that operates at that single location approximately three (or more) months each year. (x) Off-Road Engine means the same as nonroad engine. (y) Outer Continental Shelf (OCS) shall have the meaning provided by section 2 of the Outer Continental Shelf Lands Act (43 USC Section 1331 et seq.). (z) Participating Airlines means the collective group of Individual Participating Airlines under the MOU, which currently is as follows: ABX Air, Inc. (formerly Airborne Express), Alaska Airlines, America West Airlines, American Airlines, ATA Airlines (formerly American Trans Air), Continental Airlines, Delta Air Lines, Astar Air Cargo (formerly DHL Airways), Federal Express, Hawaiian Airlines, Jet Blue Airways Corp., Midwest Airlines (formerly Midwest Express Airlines), Northwest Airlines, Southwest Airlines, United Airlines, United Parcel Service, and US Airways. Participating Airlines does not mean the Air Transportation Association of America, Inc. (aa) Permit refers to a certificate issued by the Air Pollution Control Officer acknowledging expected compliance with the applicable requirements of the district's rules and regulations. (bb) Portable means designed and capable of being carried or moved from one location to another. Indicia of portability include, but are not limited to, wheels, skids, carrying handles, dolly, trailer, or platform. For the purposes of this regulation, dredge engines on a boat or barge are considered portable. The engine is not portable if: (1) the engine or its replacement is attached to a foundation, or if not so attached, will reside at the same location for more than 12 consecutive months. The period during which the engine is maintained at a storage facility shall be excluded from the residency time determination. Any engine, such as a back-up or stand-by engine, that replace engine(s) at a location, and is intended to perform the same or similar function as the engine(s) being replaced, will be included in calculating the consecutive time period. In that case, the cumulative time of all engine(s), including the time between the removal of the original engine(s) and installation of the replacement engine(s), will be counted toward the consecutive time period; or (2) the engine remains or will reside at a location for less than 12 consecutive months if the engine is located at a seasonal source and operates during the full annual operating period of the seasonal source, where a seasonal source is a stationary source that remains in a single location on a permanent basis (at least two years) and that operates at that single location at least three months each year; or (3) the engine is moved from one location to another in an attempt to circumvent the portable residence time requirements. (cc) Project means the use of one or more registered or permitted portable engines or equipment units operated under the same or common ownership or control to perform a single activity. (dd) Registration refers to either: (1) a certificate issued by the Executive Officer acknowledging expected compliance with the applicable requirements of the Statewide Portable Equipment Registration Program; or (2) a certificate issued by the Air Pollution Control Officer acknowledging expected compliance with the applicable requirements of the district's Portable Equipment Registration Program. (ee) Responsible Official refers to an individual employed by the company or public agency with the authority to certify that the portable engines under his/her jurisdiction complies with applicable requirements of this regulation. A company or public agency may have more than one Responsible Official. A contracted designee cannot certify compliance in lieu of the Responsible Official. (ff) Selective Catalytic Reduction (SCR) System refers to an air pollution emissions control system that reduces oxides of nitrogen (NOx) emissions through the catalytic reduction of NOx by injecting nitrogen-containing compounds into the exhaust stream, such as ammonia or urea. (gg) Stationary Source means any building, structure, facility or installation that emits any air contaminant directly or as a fugitive emission. Building, structure, facility, or installation includes all pollutant emitting activities which: (1) are under the same ownership or operation, or which are owned or operated by entities which are under common control; and (2) belong to the same industrial grouping either by virtue of falling within the same two-digit standard industrial classification code or by virtue of being part of a common industrial process, manufacturing process, or connected process involving a common raw material; and (3) are located on one or more contiguous or adjacent properties. [Note: For the purposes of this regulation a stationary source and nonroad engine are mutually exclusive.] (hh) Storage means a warehouse, enclosed yard, or other area established for the primary purpose of maintaining portable engines when not in operation. (ii) Tactical Support Equipment (TSE) means equipment using a portable engine, including turbines, that meets military specifications, owned by the U.S. Department of Defense and/or the U.S. military services or its allies, and used in combat, combat support, combat service support, tactical or relief operations, or training for such operations. Examples include, but are not limited to, engines associated with portable generators, aircraft start carts, heaters and lighting carts. (jj) Tier 4 Emission Standards refers to the final emission standards adopted by the U.S. EPA for newly manufactured nonroad engines. (kk) Transportable means the same as portable. (ll) Verified Emission Control Strategy refers to an emission control strategy, designed primarily for the reduction of diesel PM emissions which has been verified pursuant to the "Verification Procedure for In-Use Strategies to Control Emissions from Diesel Engines" in Title 13, California Code of Regulations, commencing with section 2700, and incorporated by reference. (mm) U.S. EPA refers to the United States Environmental Protection Agency. Note: Authority cited: Sections 39600, 39601, 39650, 39658, 39659, 39666, 41752, 43013 and 43018, Health and Safety Code. Reference: Sections 39650, 39666 and 41752, Health and Safety Code. s 93116.3. Requirements. (a) Diesel-fueled portable engines shall only use one of the following fuels: (1) CARB diesel fuel; or (2) alternative diesel fuel that has been verified through the Verification Procedure for In-Use Strategies to Control Emissions from Diesel Engines; or (3) CARB diesel fuel utilizing fuel additives that have been verified through the Verification Procedure for In-Use Strategies to Control Emissions from Diesel Engines. [Note that credit for diesel PM reductions for diesel fuel or CARB diesel fuel blends that use an alternative diesel fuel such as biodiesel, Fischer-Tropsch fuels, or emulsions of water in diesel fuel is available only for fuel blends that been verified through the Verification Procedure for In-Use Strategies to Control Emissions from Diesel Engines. The credit granted is based upon the verified level approved by the Executive Officer within the Executive Order for the fuel blend.] (b) Diesel PM Standards (1) Requirements for in-use portable diesel-fueled engines (A) Except as provided in sections 93116.3(b)(1)(B) and 93116.3(b)(4), starting January 1, 2010, all portable diesel-fueled engines shall be certified to meet a federal or California standard for newly manufactured nonroad engines pursuant to 40 CFR Part 89 or Title 13 of the California Code of Regulations (that is, certified to Tier 1, 2 or 3 nonroad engine standards). [FN1] (B) In lieu of complying with (b)(1)(A), owners of portable diesel-fueled engines used exclusively in emergency applications or portable diesel-fueled engines that qualify as low-use engines may commit to replacing these engines with Tier 4 engines, subject to the requirements below: 1. the Responsible Official shall submit written notification identifying the specific portable diesel-fueled engines to be replaced with portable diesel-fueled engines certified to the Tier 4 emission standards; and 2. for each class and category of nonroad engine, replace each portable diesel-fueled engine so identified within two years of the first engine being offered for sale that satisfies the Tier 4 emission standards. (2) Portable diesel-fueled engines that have not been permitted or registered prior to January 1, 2006, are subject to the following requirements: (A) except as allowed under flexibility provisions for equipment and vehicle manufacturers and post-manufacture marinizers pursuant to 40 CFR Part 89 or Title 13 of the California Code of Regulations, the portable diesel-fueled engine shall meet the most stringent of the federal or California emission standard for nonroad engines; and (B) a diesel-fueled portable engine used exclusively in emergency applications or qualifying as a low-use engine designation is subject to the requirements of section 93116.3(b)(3). (3) Except as provided in section 93116.3(b)(1)(B), portable diesel-fueled engines used exclusively in emergency applications or qualifying as low-use engines shall satisfy one of the following requirements by January 1, 2020: (A) the portable diesel-fueled engine is certified to Tier 4 emission standards for newly manufactured nonroad engines; or (B) the portable diesel-fueled engine is equipped with a properly functioning level-3 verified technology; or (C) the portable diesel-fueled engine is equipped with a combination of verified emission control strategies that have been verified together to achieve at least 85% reduction in diesel PM emissions. (4) Lattice boom cranes (A) A portable diesel-fueled engine used in a lattice boom crane shall be exempt from the requirements of section 93116.3(b)(1)(A) if the Responsible Official has demonstrated to the satisfaction of the Executive Officer or the APCO that the portable diesel-fueled engine in the lattice boom crane cannot be replaced with a portable diesel-fueled engine that is certified to meet a federal or California standard for newly manufactured nonroad engines pursuant to 40 CFR Part 89 or Title 13 of the California Code of Regulations (that is, certified to Tier 1, 2 or 3 nonroad engine standards). (B) Portable diesel-fueled engines exempt from the requirements of section 93116.3(b)(1)(A) pursuant to section 93116.3(b)(4)(A) shall satisfy one of the following requirements by January 1, 2020: 1. the portable diesel-fueled engine is certified to Tier 4 emission standards for newly manufactured nonroad engines; or 2. the portable diesel-fueled engine is equipped with a properly functioning level-3 verified technology; or 3. the portable diesel-fueled engine is equipped with a combination of verified emission control strategies that have been verified together to achieve at least 85% reduction in diesel PM emissions. (c) Fleet Requirements (1) Each fleet is subject to and shall comply with the following weighted PM emission fleet averages expressed as grams per brake horsepower-hour (g/bhp-hr) by the listed compliance dates: Fleet Standard Engines >175 to Compliance Engines <175 hp 749 hp Engines >750 hp Date (g/bhp-hr) (g/bhp-hr) (g/bhp-hr) 1/1/13 0.3 0.15 0.25 1/1/17 0.18 0.08 0.08 1/1/20 0.04 0.02 0.02 (2) For the purposes of this regulation, the portable diesel-fueled engines affected by the fleet provisions of this regulation include all portable diesel-fueled engines operated in California, including portable diesel-fueled engines registered with the Statewide Portable Equipment Registration Program or permitted by or registered with a local district. (3) The following portable diesel-fueled engines shall be excluded from the fleet requirements: (A) portable diesel-fueled engines operated exclusively outside of California or operated only within the OCS. (B) portable diesel-fueled engines used exclusively in emergency applications. (C) portable diesel-fueled engines that qualify as low-use engines. (D) portable diesel-fueled engines used in a lattice boom crane. (4) Portable diesel-fueled engines that qualify as low-use engines and subsequently exceed the allowed hours of operation in a calendar year, or portable diesel-fueled engines that are identified to be used exclusively in emergency applications but subsequently are used in non-emergency applications, become immediately subject to the requirements of section 93116.3(c) in the year such exceedence or use occurs. For low-use engines, the hours of operation used for an emergency event shall not be counted toward the allowed hours of operation. (5) Portable alternative-fueled engines may be included in a fleet if the engine satisfies the requirements in section 93116.3(d)(2)(B). (6) Portable diesel-fueled portable engines equipped with SCR systems. (A) The diesel PM fleet emission standards in section 93116.3(c)(1) do not apply to: 1. portable diesel-fueled engines equipped with properly operating SCR systems as of January 1, 2004; and 2. with the approval of the Executive Officer, portable diesel-fueled engines equipped with properly operating SCR systems after January 1, 2004. (B) At the request of the Responsible Official, portable diesel-fueled engine(s) equipped with a SCR system(s) may be included in the company's fleet for the purpose of complying with an applicable fleet emission standard. Once the engine(s) is included in a fleet, compliance with applicable fleet emission standards shall always include these diesel-fueled portable engine(s). (C) For all diesel-fueled portable engines equipped with SCR systems, the following information shall be submitted to the Executive Officer to demonstrate that the SCR system is operating properly: 1. Tests results for NOx, PM, and ammonia slip a. the following tests methods shall be used to demonstrate compliance: i. NOX shall be measured with CARB test method 100 dated July 1997, or equivalent district-approved test method; and ii. diesel PM shall be measured with CARB test method 5 dated July 1997 or equivalent district-approved test method. For the purposes of this requirement, only the probe catch and filter catch ( "front half") is used to determine the emission rate, g/bhp-hr, and shall not include PM captured in the impinger catch or solvent extract; and iii. ammonia slip shall be measured with Bay Area Air Quality Management District Source Test Procedure ST-1B, Ammonia Integrated Sampling, dated January 1982, or other equivalent district approved test method. b. the duration of the emission test shall be sufficient to document the typical operation of the portable diesel-fueled engine(s); and c. testing shall be performed at the frequency required by the permit or registration. In no event shall the time between emission tests exceed three years. (7) Beginning on January 1, 2013, the weighted average PM emission rate for the fleet cannot exceed the fleet standard that is in effect. Changes in the fleet, including portable engine additions and deletions, shall not result in noncompliance with this standard. (d) Fleet Average Calculations (1) General Provisions (A) The average PM emission factor for the fleet is determined by the following formula: Summation for each portable engine in the fleet (bhp x emission factor) Summation for each portable engine in the fleet (bhp) where: bhp = maximum rated horsepower. emission = diesel PM emission rate, as determined below: factor (B) The following diesel PM emission rates shall be used with the above formula to determine the weighted average fleet emission rate: 1. for portable diesel-fueled engines certified to a nonroad engine standard, the results of emission measurements submitted to either the U. S. EPA or CARB for the purposes of satisfying the appropriate emission standard; or 2. results from emission measurements from a verified emission control strategy may be used in conjunction with engine emission information; or 3. for portable diesel-fueled engine(s) equipped with SCR system(s), results from valid emission tests. (2) The following incentives may be used to revise the fleet average, as outlined below: (A) Where equipment uses grid power for more than 200 hours in lieu of operating a portable diesel-fueled engine for a given project, the time period grid power is used may be used to reduce each affected engine's emission factor. The emission factor for each affected portable engine will be reduced proportionally by the percentage of time the equipment uses grid power. To receive credit for grid power in the fleet calculation, the recordkeeping and reporting requirements in section 93116.4(c)(3) shall be satisfied. (B) Alternative-fueled portable engines 1. Alternative-fueled portable engines operating 100 or more hours may be included toward determining compliance with the applicable fleet emission standards. A diesel PM emission rate of zero shall be used in the fleet calculations for these engines. 2. Alternative-fueled portable engines operating 100 or more hours per calendar year and added to a fleet prior to January 1, 2009, may be counted twice in the company's fleet average determination toward compliance with the 2013 and 2017 fleet emission standards. The alternative-fueled engine shall be certified to meet a federal or California standard for newly manufactured nonroad engines pursuant to 40 CFR Part 89 or Title 13 of the California Code of Regulations. (C) Portable diesel-fueled engines certified to Tier 4 nonroad engine standards that are added to a fleet prior to January 1, 2015, may be counted twice in the company's fleet average determination toward compliance with the 2013 and 2017 fleet emission standards. _________ [FN1] Tier 1, 2, 3, and 4 refer to nonroad engine emission standards promulgated by ARB and U.S. EPA for newly manufactured engines pursuant to 40 CFR Part 89 or Title 13 of the California Code of Regulation. Each successive Tier represents more stringent emission standards and the requirements are phased-in over time with the Tier 1 engine standards becoming effective for some engines manufactured in 1996 and becoming effective for all engines by 2000. Tier 2 engine standards are phased in for engines manufactured beginning in 2001 and becomes effective for all engines by 2006. Similarly, Tier 3 engines are phased in for engines manufactured beginning in 2006, and Tier 4 engines are phased in for engines manufactured beginning in 2011. Note: Authority cited: Sections 39600, 39601, 39650, 39658, 39659, 39666, 41752, 43013 and 43018, Health and Safety Code. Reference: Sections 39650, 39666 and 41752, Health and Safety Code. s 93116.4. Fleet Recordkeeping and Reporting Requirements. (a) The owner or operator of a fleet is not subject to the requirements of this section if each portable diesel-fueled engine in the fleet satisfies any one of the following requirements: (1) the portable diesel-fueled engine is certified to Tier 4 emission standards for newly manufactured nonroad engines; or (2) the portable diesel-fueled engine is equipped with a properly functioning level-3 verified technology; or (3) the portable diesel-fueled engine is equipped with a combination of verified emission control strategies that have been verified together to achieve at least 85% reduction in diesel PM emissions. (b) Portable diesel-fueled engine(s) equipped with properly operating SCR system(s) shall be excluded from the requirements of section 93116.4(a) if the engine(s) is not subject to section 93116.3(c)(1). (c) Effective January 1, 2012, the Responsible Official of a fleet shall: (1) Keep and maintain records for: (A) alternative-fueled portable engines used as part of a company's fleet average, except as provided in section 93116.4(d); and (B) portable diesel-fueled engines affected by the use of electrification; and (C) portable diesel-fueled engines qualifying as low-use engines; and (D) portable diesel-fueled engines used exclusively in emergency applications. (2) The Responsible Official, for all portable engines subject to section 93116.4(c)(1), shall: (A) install or cause to be installed and properly maintained on each portable engine subject to recordkeeping a non-resettable hour-meter; and (B) maintain on a calendar year basis a record of the total hours of operation for each portable engine. If the portable engine is used out-of-state, then the records may account for operation within California only, excluding operation within the OCS; and (C) maintain all required records at a central place of business for five years. The records shall clearly identify each portable engine subject to the recordkeeping requirement as well as the annual hours of operation. These records are to be made available, upon request for inspection, to local air pollution control district or CARB personnel. The requested records shall be provided to the appropriate personnel within ten business days of the request. (3) The Responsible Official of a fleet electing to use electrification in determining the fleet average shall: (A) notify the Executive Officer identifying the dates, location, duration of the project, and a description of the project that will rely on electrification instead of using portable diesel-fueled engines. The notification shall be provided prior to the start of the project; and (B) identify each affected portable diesel-fueled engine, including: make, model, serial number, year of manufacture for each engine, emission factor (g/bhp-hr) and district permit or State/district registration number; and (C) shall clearly identify the electrification activity, including indicating the amount of electricity used and the time period for the project; and (D) shall retain copies of contracts or other documentation, with the project proponent and/or applicable utility, supporting the use of grid power. (4) Test results for SCR compliance shall be maintained at a central place of business for five years. At the request of CARB or district personnel, the Responsible Official shall have three business days to provide a copy of the most recent test results. (d) Effective January 1, 2008, for alternative-fueled engines added to a fleet prior to January 1, 2009, the Responsible Official shall: (1) install or cause to be installed and properly maintained on each portable engine subject to recordkeeping a non-resettable hour-meter; and (2) maintain on a calendar year basis a record of the total hours of operation for each portable engine. If the portable engine is used out-of-state, then the records may account for operation within California only, excluding operation within the OCS; and (3) maintain all required records at a central place of business for five years. The records shall clearly identify each portable engine subject to the recordkeeping requirement as well as the annual hours of operation. These records are to be made available, upon request for inspection, to local air pollution control district or CARB personnel. The requested records shall be provided to the appropriate personnel within ten business days of the request. (e) The Responsible Official of the fleet shall provide the following reports to the Executive Officer: (1) A status report, due to the Executive Officer by March 1, 2011, that includes the following items: (A) the fleet's weighted average PM emission rate for the 2010 calendar year, including a summary for each portable engine that is part of the fleet and each engine's emission rate (g/bhp-hr); and (B) inventory of portable engines in the fleet identifying whether the engine is state-registered or permitted/registered with the district. Alternative-fueled engines should be identified by fuel type. The inventory shall identify the make, model, serial number, year of manufacture, primary fuel type, emission factor (g/bhp-hr), and district permit or State/district registration number for each engine to be used in the fleet average determination; and (C) identify, if applicable, each portable diesel-fueled engine that the owner commits to replacing with a Tier 4 engine, including: make, model, serial number, year of manufacture for each engine, and district permit or State/district registration number; and (D) listing of portable diesel-fueled engines, if applicable, used exclusively in emergency applications. The listing shall identify each engine claiming use only in emergency applications, including: make, model, serial number, year of manufacture for each engine, emission factor (g/bhp-hr), and district permit or State/district registration number; and (E) listing of portable diesel-fueled engines, if applicable, satisfying the low-use engine requirements. The listing shall identify each engine, including: make, model, serial number, year of manufacture for each engine, emission factor (g/bhp-hr), and district permit or State/district registration number; and (F) listing of portable alternative-fueled engines, if applicable, added to the fleet prior to January 1, 2009, pursuant to section 93116.3(d)(2)(B)2. The listing shall identify each engine, including: make, model, serial number, year of manufacture for each engine, U.S. EPA engine family name, emission factor (g/bhp-hr), and district permit or State/district registration number; and (G) for portable diesel-fueled engine(s) equipped with SCR system(s), documentation demonstrating that the SCR system is operating properly. (2) A statement of compliance signed by the Responsible Official that the fleet standards are being achieved and a summary that identifies each portable engine in the fleet and the associated emission rate (g/bhp-hr). Portable engines included in the fleet are those that are part of the fleet at the time the fleet standard became effective. The engine identification shall include, at a minimum, the make, model, serial number, and year of manufacture for each engine. Alternative-fueled engines should be identified by fuel type. The statements of compliance are due to the Executive Officer by the following dates: (A) March 1, 2013, for the fleet standards that become effective January 1, 2013; and (B) March 1, 2017, for the fleet standards that become effective January 1, 2017; and (C) March 1, 2020 for the fleet standards that become effective January 1, 2020. (3) The Responsible Official shall identify to the Executive Officer, as part of each compliance report, the specific portable diesel-fueled engines, if any, used exclusively in emergency applications and the specific portable diesel-fueled engines, if any, claimed to be low-use engine. The list shall include for each portable diesel-fueled engine: the make, model, serial number, year of manufacture for each engine, emission factor (g/bhp-hr), and district permit or State/district registration number. (4) The Responsible Official shall identify to the Executive Officer, as part of each compliance report, the specific portable diesel-fueled engines, if any, excluded from the fleet because the portable diesel-fueled engine operated exclusively outside of California or operated only within the OCS. The list shall include for each portable diesel-fueled engine: the make, model, serial number, year of manufacture, and, district permit or State/district registration number for each engine. (5) If compliance with the fleet average includes the use of electrification, the Responsible Official shall provide documentation supporting the credit claimed for electrification. (6) As part of each compliance report, the Responsible Official shall, if applicable, certify the following: (A) all portable alternative-fueled engines included in the fleet average operated at least 100 hours during the previous 12 months prior to the fleet emission standard becoming effective. (B) for all portable diesel-fueled engines used exclusively in emergency applications, the engines were used only for emergency applications. (C) for all portable diesel-fueled engines using the low-use designation, the engines operated no more than 80 hours for the reporting period. (D) for all portable diesel-fueled engines equipped with SCR, the engine complies with applicable district or Statewide Portable Equipment Registration Program requirements. (7) After March 1, 2013, the APCO or the Executive Officer may require the submittal of information demonstrating compliance with the applicable fleet standard. Upon receiving the request, the Responsible Official shall provide the requested information within 30 days. (f) For fleets that are exempted from the requirements of section 93116.4 pursuant to section 93116.4(a), the Responsible Official shall certify that all portable diesel-fueled engines in the fleet satisfy the requirements of section 93116.4(a). The Responsible Official shall provide the certification statement and a list of the portable diesel-fueled engines in the fleet to the Executive Officer when the fleet initially satisfies the requirements of section 93116.4(a). The list of engines shall identify the make, model, serial number, and district permit or State/district registration number for each engine. Note: Authority cited: Sections 39600, 39601, 39650, 39658, 39659, 39666, 41752, 43013 and 43018, Health and Safety Code. Reference: Sections 39650, 39666 and 41752, Health and Safety Code. s 93116.5. Enforcement of Fleet Requirements. (a) Both the Executive Officer and the APCO have the authority to review or seek enforcement action for violation of the fleet emission standard. (b) The CARB will make available to the districts the information the Responsible Official has provided to CARB to demonstrate compliance with the fleet standard. Note: Authority cited: Sections 39600, 39601, 39650, 39658, 39659, 39666, 41752, 43013 and 43018, Health and Safety Code. Reference: Sections 39650, 39666 and 41752, Health and Safety Code. s 93117. Airborne Toxic Control Measure to Reduce Particulate Emissions from Diesel-Fueled Engines - Standards for Nonvehicular Diesel Fuel Used in Intrastate Diesel-Electric Locomotives and Harborcraft. (a)Requirements. (1)Standards for Nonvehicular Diesel Fuel Used in Harborcraft in the South Coast Air Quality Management District (SCAQMD) Beginning January 1, 2006. Beginning January 1, 2006, California nonvehicular diesel fuel sold, offered for sale, or supplied within the SCAQMD for use in harborcraft is subject to all of the requirements of Title 13 CCR sections 2281 (sulfur content), 2282 (aromatic hydrocarbons content) and 2284 (lubricity) applicable to vehicular diesel fuel, and shall be treated under those sections as if it were vehicular diesel fuel. (2)Standards for Nonvehicular Diesel Fuel Used in Intrastate Diesel-Electric Locomotives and Harborcraft Beginning January 1, 2007. Beginning January 1, 2007, California nonvehicular diesel fuel sold, offered for sale, or supplied for use in diesel-electric intrastate locomotives or harborcraft is subject to all of the requirements of title 13 CCR sections 2281 (sulfur content), 2282 (aromatic hydrocarbons content) and 2284 (lubricity) applicable to vehicular diesel fuel, and shall be treated under those sections as if it were vehicular diesel fuel. (3)Exemption for military specification fuel used in military vessels. The requirements of this section do not apply to military specification fuel that is sold, offered for sale, or supplied for use in marine vessels owned or operated by the armed forces of the United States. (b) Definitions. (1) "California nonvehicular diesel fuel" means any diesel fuel that is not vehicular diesel fuel as defined respectively in title 13 CCR sections 2281(b), 2282(b), or 2284(b) and that is sold or made available for use in engines in California. (2) "Diesel-electric locomotive" means a locomotive using electric power provided by a diesel engine that drives a generator or alternator; the electrical power produced then drives the wheels using electric motors. (3) "Diesel fuel" means any fuel that is commonly or commercially known, sold or represented as diesel fuel, including any mixture of primarily liquid hydrocarbons that is sold or represented as suitable for use in an internal combustion, compression-ignition engine. (4) "Harborcraft" means any marine vessel that meets all of the following criteria: (A) The vessel does not carry a "registry" (foreign trade) endorsement on its United States Coast Guard certificate of documentation, and is not registered under the flag of a country other than the United States; (B) The vessel is less than 400 feet in length overall (LOA) as defined in 50 CFR s 679.2 as adopted June 19, 1996; (C) The vessel is less than 10,000 gross tons (GT ITC) per the convention measurement (international system) as defined in 46 CFR s 69.51-.61, as adopted September 12, 1989; and (D) The vessel is propelled by a marine diesel engine with a per-cylinder displacement of less than 30 liters. (5) "Intrastate diesel-electric locomotive" means: (A) A diesel-electric locomotive that operates within California for which at least 90 percent of its annual fuel consumption, annual hours of operation, or annual rail miles traveled occur within California. This definition would typically include, but not be limited to, diesel-electric locomotives used in the following operations: passenger intercity and commuter, short haul, short line, switch, industrial, port, and terminal operations; (B) An intrastate diesel-electric locomotive does not include those diesel-electric locomotives that: 1. Meet the U.S. Environmental Protection Agency Tier II locomotive emission standards, and 2. Primarily move freight into and out of the South Coast Air Quality Management District, and 3. Have been included as a diesel-electric locomotive operating in the South Coast Nonattainment Area under paragraph IV.B. of the Memorandum of Mutual Understandings and Agreements for the South Coast Locomotive Fleet Average Emissions Program, dated July 2, 1998. (C) (This subsection reserved for consideration of diesel-electric locomotives that meet the U.S. Environmental Protection Agency Tier II locomotive emission standards and primarily move freight within California outside of the South Coast Air Quality Management District.) (6) "Locomotive" means a piece of on-track equipment designed for moving or propelling cars that are designed to carry freight, passengers or other equipment, but which itself is not designed or intended to carry freight, passengers (other than those operating the locomotive) or other equipment. (7) "Marine vessel" means any ship, boat, watercraft, or other artificial contrivance used as a means of transportation on water. (c)Alternative Emission Reduction Plan for Intrastate Diesel-Electric Locomotives. For an owner or operator of an intrastate diesel-electric locomotive who has submitted an alternative emission reduction plan (plan) that contains a substitute fuel(s) and/or emission control strategy(s) and has been approved by the Executive Officer, compliance with the alternative emission reduction plan (plan) shall constitute compliance with the requirements of subsection (a)(2). In order to be approved, the plan must do all of the following: (1) Identify or define the total fuel consumption and total emissions that would be associated with the activities of the diesel-electric locomotives were the owner or operator to comply with subsection (a)(2). (2) Define a substitute fuel(s) and/or emission control strategy(s) for the plan. (3) Identify the emission reductions that are attributable to the substitute fuel(s) and/or emission control strategy(s) relative to the emission reductions achieved through compliance with subsection (a)(2). (4) Demonstrate that the substitute fuel(s) and/or emission control strategy(s) in the plan provide equivalent or better emission benefits than would be achieved through compliance with subsection (a)(2). The emission benefits achieved under the plan shall be targeted towards residents in those parts of the state most impacted by diesel-electric locomotive emissions. (5) The plan shall contain adequate enforcement provisions. Note: Authority cited: Sections 39600, 39601, 39650, 39658, 39659, 39666 and 41511, Health and Safety Code. Reference: Sections 39650, 39658, 39659, 39666 and 41511, Health and Safety Code. s 93119. Airborne Toxic Control Measure for Cruise Ship Onboard Incineration. (a) Purpose. The purpose of this control measure is to reduce emissions of toxic air contaminants from the use of incinerators aboard cruise ships. Specifically, this regulation prohibits cruise ships from conducting onboard incineration while operating within three miles of the California coast. This control measure is expected to reduce exposure to toxic air contaminants for residents living near ports and along the California coast. (b) Applicability. Except as provided in subsection (c), this section applies to any person who owns or operates a cruise ship, as defined in subsection (d)(2), including foreign flagged cruise ships, which travel within three miles of the California coast or visit California ports or terminals. (c) Exemptions. (1) This section does not apply to vessels without berths or overnight accommodations for passengers. (2) This section does not apply to noncommercial vessels, warships, vessels operated by nonprofit entities as determined by the Internal Revenue Service, and vessels operated by the State of California, the United States, or a federal government. (d) Definitions. For the purposes of this section, the following definitions apply: (1) "Air Pollution Control Officer" or "APCO" means the air pollution control or executive officer of a district, or his or her delegate. (2) "Cruise ship" means a commercial vessel that has the capacity to carry 250 or more passengers for hire. (3) "District" means an air pollution control or air quality management district as defined in Health and Safety Code section 39025. (4) "Executive Officer of the Air Resources Board" means the executive officer of the California Air Resources Board or his or her delegate. (5) "Incinerator" means any device used to conduct onboard incineration. (6) "Onboard incineration" means the combustion or burning of any materials or wastes for the purpose of volume reduction, destruction, sanitation, or sterilization, aboard a cruise ship. Onboard incineration does not include incinerators which are only burning fuels including, but not limited to, natural gas, gas oil, marine gas oil, marine diesel fuel, fuel oil, or residual fuel oil for the specific purpose of maintaining a minimum temperature in the incinerator to minimize thermal cycling. (7) "Owner or Operator" means a person who owns or operates a cruise ship. (8) "Person" shall have the same meaning as defined in Health and Safety Code section 39047. (9) "Segment" means that portion of the cruise ship's voyage from the last port of call to the next port of call. (10) "Within three miles of the California coast" means between the California coast and the Three Nautical Mile Line as shown on the following National Oceanic and Atmospheric Administration (NOAA) Nautical Charts as authored by the NOAA Office of Coast Survey, which are incorporated herein by reference: (A) Chart 18600, Trinidad Head to Cape Blanco (January 2002); (B) Chart 18620, Point Arena to Trinidad Head (June 2002); (C) Chart 18640, San Francisco to Point Arena (August 2005); (D) Chart 18680, Point Sur to San Francisco (June 2005); (E) Chart 18700, Point Conception to Point Sur (July 2003); (F) Chart 18720, Point Dume to Purisima Point (January 2005); and (G) Chart 18740, San Diego to Santa Rosa Island (April 2005). (e) Requirements. (1) Notwithstanding sections 93104 and 93113 of title 17, California Code of Regulations, no cruise ship owner or operator, agent, representative, or employee shall conduct onboard incineration within three miles of the California coast. (2) Recordkeeping and Reporting Requirements (A) Recordkeeping Requirements 1. Owners or operators of cruise ships subject to the requirements of this section shall maintain records for each segment of a voyage if, during any portion of that segment, the cruise ship travels within three miles of the California coast. a. The date and time of start and stop of incineration (in local time); b. The position of the ship in latitude and longitude for each start and stop time of incineration; c. The estimated amount incinerated in cubic meters (m [FN3]); and d. The name or signature of officer in charge of the operation. 2. Records shall be maintained in English and shall be kept and maintained onboard the respective cruise ship for two years. 3. During an onboard inspection, records shall be made available to Air Resources Board personnel, District personnel, or their delegates. (B) Reporting Requirements 1. Owners or operators of cruise ships that are subject to this section, shall, upon written request by the Executive Officer of the Air Resources Board or the Air Pollution Control Officer from a District, provide copies of the records as specified in subsection (e)(2)(A) within 30 calendar days of the request. (f) Updates to NOAA Charts. The Executive Officer shall publish in the California Regulatory Notice Register and notify potentially affected cruise ship owners or operators, regarding revisions to subsection (d)(10) with regard to Nautical Charts updated by NOAA, at least 30 days before the updates take effect in the following situations: (1) The Executive Officer may revise subsection (d)(10) when there is a change in the chart number or name; or (2) The Executive Officer may revise subsection (d)(10) when NOAA revises the Three Nautical Mile Line, as shown on the respective charts. (g) Severability. Each part of this section shall be deemed severable, and in the event that any part of this section is held to be invalid, the remainder of this section shall continue in full force and effect. Note: Authority cited: Sections 39516, 39600, 39601, 39631, 39650, 39656, 39658, 39659 and 39666, Health and Safety Code. Reference: Sections 39630, 39631, 39632, 39650, 39656, 39659, 39666 and 41700, Health and Safety Code. s 93300. Purpose. This subchapter sets forth the criteria and guidelines for preparing emission inventory plans and reports to develop site-specific inventories of air emissions of toxic substances, as required by the Air Toxics "Hot Spots" Information and Assessment Act of 1987 (the "Act": Stats. 1987, ch. 1252; Health and Safety Code Section 44300 et seq.). Note: Authority cited: sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44340, 44341 and 44342, Health and Safety Code. s 93300.5. Incorporation by Reference. This subchapter shall apply to any facility subject to the Air Toxics "Hot Spots" Information and Assessment Act of 1987, Health & Safety Code sections 44300-44394. Subject facilities shall comply with the provisions of the "Emission Inventory Criteria and Guidelines Report" including its appendices, adopted by the Air Resources Board on May 15, 1997, which is incorporated by reference herein. The "Emission Inventory Criteria and Guidelines Report" including appendices is available upon request from the Air Resources Board's Public Information Office, 2020 L Street, Sacramento, California, 95814, telephone (916) 322-2990. The Air Resources Board may also be contacted via its Internet home page at: http://www.arb.ca.gov. The "Emission Inventory Criteria and Guidelines Report" including appendices is available on the Internet under the directory http://www.arb.ca.gov/ab2588/ab2588.htm. Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 41805.5, 44320, 44321, 44322, 44323, 44324, 44325, 44340, 44341, 44342, 44343, 44344, 44344.4, 44344.5, 44344.7 44346, 44360 and 44365, Health and Safety Code; Section 6254.7, Government Code; and 17, CCR, Sections 90700-90705, Appendix A. s 93301. Definitions. Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44340, 44341, 44342, and 44344, Health and Safety Code. s 93303. Facilities Covered. Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 41805.5, 44320, 44322, 44324, 44325, 44340, 44341 and 44342, Health and Safety Code. s 93304. Plan Submittal. Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44322, 44323, 44340, 44341 and 44342, Health and Safety Code. s 93305. New Facilities and Facilities Whose Emissions Increase. Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44322, 44323, 44340, 44341 and 44342, Health and Safety Code. s 93305.5. Facilities whose Emissions Decrease Below 10 Tons Per Year of Criteria Pollutants. Note: Authority cited: Sections 39600, 39601, 44320, 44342 and 44344, Health and Safety Code. Reference: Sections 44322, 44323, 44340, 44341, 44342 and 44344, Health and Safety Code.Authority cited: Sections 39600, 39601, 44320, 44342 and 44344, Health and Safety Code. Reference: Sections 44322, 44323, 44340, 44341, 44342 and 44344, Health and Safety Code. s 93306. Facilities Added to District Surveys. Note: Authority cited: Sections 39600, 39601 and 44342, Healthand Safety Code. Reference: Sections 44320(b), 44323, 44340, 44341 and 44342, Health and Safety Code; and 17 CCR Sections 90700-90704, Appendix B. s 93306.5. Facilities Removed from District Surveys. Note: Authority cited: Sections 39600, 39601, 44320, 44342 and 44344, Health and Safety Code. Reference: Sections 44320, 44323, 44340, 44341, 44342 and 44344, Health and Safety Code; and 17 CCR Sections 90700-90704, Appendix B. s 93307. Updates to the List of Substances. Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44321, 44323, 44340, 44342 and 44344, Health and Safety Code; and 17 CCR Sections 90700-90704, Appendix A. s 93308. Facilities Emitting Less Than 10 Tons Per Year of Criteria Pollutants. Note: Authority cited: Sections 39600, 39601, 44322(c), and 44342, Health and Safety Code. Reference: Sections 44321, 44322, 44323, 44340, 44341, 44342, 44343, 44344, and 44365, Health and Safety Code, and 17 CCR Sections 90700-90704, Appendix A. s 93309. Facilities Emitting Less Than 10 Tons Per Year of Criteria Pollutants And No Longer Falling Within an "Any SIC" Class Description Listed in Appendix E-I. Note: Authority cited: Sections 39600, 39601, 44320, 44322, 44323, 44342 and 44344, Health and Safety Code. Reference: Sections 44321, 44322, 44323, 44340, 44341, 44342, 44343, 44344 and 44365, Health and Safety Code, and 17 CCR Sections 90700-90704, Appendix E-I. s 93310. General. Note: Authority cited: Sections 39600, 29601 and 44342, Health and Safety Code. Reference: Sections 44340, 44341 and 44342, Health and Safety Code. s 93311. Flow Diagram. Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44340, 44341 and 44342, Health and Safety Code. s 93312. Trade Secrets. Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44340, 44341 and 44342, Health and Safety Code; and Section 6254.7, Government Code. s 93313. Numbering. Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44340, 44341 and 44342, Health and Safety Code. s 93314. Specification of Emission Quantification Methods. Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44340, 44341 and 44342, Health and Safety Code. s 93315. Source Test Protocol and Other Required Information. Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44340, 44341 and 44342, Health and Safety Code. s 93320. General. Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44340, 44341 and 44342, Health and Safety Code. s 93321. Facility Diagram. Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44340, 44341, 44342 and 44346, Health and Safety Code; and Section 6254.7, Government Code. s 93322. Reporting Forms. Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44340, 44341, 44342 and 44345, Health and Safety Code. s 93323. Other Required Data. Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44340, 44341, 44342, and 44360, Health and Safety Code. s 93324. Plot Plan. Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44340, 44341, 44342, Health and Safety Code. s 93330. Instructions for Record Keeping. Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44340, 44341, 44342, 44344 and 44345, Health and Safety Code. s 93331. Specification of Reporting Period and Averaging Intervals for Each Substance. Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44340, 44341 and 44342, Health and Safety Code. s 93332. Specifications for Identifying Emission Points and Substances Emitted. Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44340, 44341 and 44342, Health and Safety Code. s 93333. Exempted Uses. Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44340, 44341, 44342, Health and Safety Code. s 93334. Emission Quantification and Degree of Accuracy. Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44321, 44340, 44341 and 44342, Health and Safety Code, and 17 CCR Section 90700-90704, Appendix A. s 93335. Reporting Mixtures and Trade Name Products. Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44321, 44340, 44341 and 44342, Health and Safety Code; and 17 CCR Sections 90700-90704, Appendix A. s 93336. Source Testing and Measurement. Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44340, 44341 and 44342, Health and Safety Code. s 93337. Pooled Source Testing. Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44340, 44341 and 44342, Health and Safety Code. s 93338. Alternatives to Required Source Testing. Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44340, 44341 and 44342, Health and Safety Code. s 93339. Source Test Protocol and Source Test Report. Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44340, 44341, 44342 and 44346, Health and Safety Code; Section 6254.7, Government Code. s 93340. Converting Source Test Results to Emission Rates. Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44340, 44341 and 44342, Health and Safety Code. s 93345. Specifications for Acceptable Estimation Methods and Emission Factors. Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44340, 44341, 44342 and 44345, Health and Safety Code. s 93346. Format for Reports and Presentation of Data. Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44340, 44341 and 44342, Health and Safety Code. s 93347. Other Procedures. Note: Authority cited: Sections 39600, 39601 and 44342, Health and Safety Code. Reference: Sections 44340, 44341 and 44342, Health and Safety Code. s 93348. Update Requirements. Note: Authority cited: Sections 39600, 39601, 44340, 44342, 44344, 44360 and 44362, Health and Safety Code. Reference: Sections 44320, 44322, 44323, 44340, 44341, 44342, 44343 and 44344, Health and Safety Code; and 17 CCR Sections 90700-90704, Appendix B. s 93349. Update Summary Form. Note: Authority cited: Sections 39600, 39601, 44340, 44342, 44344, 44360 and 44362, Health and Safety Code. Reference: Sections 44320, 44322, 44323, 44340, 44341, 44342, 44343 and 44344, Health and Safety Code; and 17 CCR Sections 90700-90704, Appendix B. s 93350. Update Plans and Update Reports. Note: Authority cited: Sections 39600, 39601, 44340, 44342, 44344, 44360 and 44362, Health and Safety Code. Reference: Sections 44320, 44322, 44323, 44340, 44341, 44342, 44343 and 44344, Health and Safety Code; and 17 CCR Sections 90700-90704, Appendix B. s 93351. Use of Previously Submitted Information. Note: Authority cited: Sections 39600, 39601, 44340, 44342, 44344, 44360 and 44362, Health and Safety Code. Reference: Sections 44320, 44322, 44323, 44340, 44341, 44342, 44343 and 44344, Health and Safety Code; and 17 CCR Sections 90700-90704, Appendix B. s 93352. Update Reporting Year. Note: Authority cited: Sections 39600, 39601, 44340, 44342, 44344, 44360 and 44362, Health and Safety Code. Reference: Sections 44320, 44322, 44323, 44340, 44341, 44342, 44343 and 44344, Health and Safety Code; and 17 CCR Sections 90700-90704, Appendix B. s 93353. Schedule for Update Submittal. Note: Authority cited: Sections 39600, 39601, 44340, 44342, 44344, 44360 and 44362, Health and Safety Code. Reference: Sections 44320, 44322, 44323, 44340, 44341, 44342, 44343 and 44344, Health and Safety Code, and 17 CCR Sections 90700-90704, Appendix B. s 93354. Schedule for Update Summary Form Review. Note: Authority cited: Sections 39600, 39601, 44340, 44342, 44344, 44360 and 44362, Health and Safety Code. Reference: Sections 44320, 44322, 44323, 44340, 44341, 44342, 44343 and 44344, Health and Safety Code; and 17 CCR Sections 90700-90704, Appendix B. s 93355. Change in Ownership or Company Name. Note: Authority cited: Sections 39600, 39601, 44342, and 44344, Health and Safety Code. Reference: Sections 44320, 44342, and 44344, Health and Safety Code. s 94000. Test Procedures for Vapor Recovery Systems -Service Stations. Note: Authority cited: Sections 39600, 39601, 39607 and 41954, Health and Safety Code. Reference: Sections 39515, 39516, 39607, 41954, 41959, 41960 and 41960.2, Health and Safety Code. s 94001. Certification of Vapor Recovery Systems -Service Stations. Note: Authority cited: Sections 39600, 39601 and 41954, Health and Safety Code. Reference: Sections 39515, 41954, 41959, 41960 and 41960.2, Health and Safety Code. s 94002. Certification of Vapor Recovery Systems -Gasoline Bulk Plants. Note: Authority cited: Sections 39600, 39601, 39607 and 41594, Health and Safety Code. Reference: Sections 39515, 39607, 41954, 41959 and 41960, Health and Safety Code. s 94003. Certification of Vapor Recovery Systems -Gasoline Terminals. Note: Authority cited: Sections 39600, 39601, 39607 and 41954, Health and Safety Code. Reference: Sections 39515, 39607, 41954, 41959 and 41960, Health and Safety Code. s 94004. Certification of Vapor Recovery Systems -Gasoline Delivery Tanks. Note: Authority cited: Sections 39600, 39601, 39607, 41954 and 41962, Health and Safety Code. Reference: Sections 39515, 39516, 39607, 41954 and 41962, Health and Safety Code. s 94005. Preparation and Submittal of Proof of Correction for Gasoline Cargo Tanks. (a) Whenever any person has received a notice to appear issued pursuant to Health and Safety Code Section 41970, and the preparation and submittal of a proof of correction by verification is authorized by Health and Safety Code Section 41972, such proof of correction shall contain: (1) Name of owner or operator, company name (if applicable), and address. (2) Date, time, and violation specified in notice to appear. (3) California Highway Patrol cargo tank number. (4) Manufacturer's number of tank. (5) California Air Resources Board vapor-emission-certification decal number. (6) License number of vehicle carrying cargo tank at the time of issuance of notice to appear. (7) A statement that the violation was corrected, including the following information and documentation: (A) A brief description of the corrections that were made. (B) The date on which the corrections were made. (C) The name, address, and company affiliation (if any) of the person making the correction. (D) If the violation consists of operation of the cargo tank without issuance of the required vapor recovery certification, a copy of the application for vapor recovery certification and a copy of the issued certification. (E) If in order to correct the violation it was necessary to test the cargo tank to determine compliance with the annual leak rate criteria, (i) the name, address and company affiliation (if any) of the person conducting the test; (ii) the date of the test; (iii) pressure change in five minutes (in inches of water); (iv) vacuum change in five minutes (in inches of water); (v) a statement by the person conducting the test that the cargo tank was tested in accordance with the procedures established by the Air Resources Board (ARB). (8) Date, time, and means by which the issuing agency was notified of the opportunity to inspect the corrections. (9) Location of cargo tank and time specified for inspection. (10) Statement that the representative of the issuing agency failed to appear at the designated place and time. (11) Declaration under penalty of perjury by person making correction and/or conducting test that the information contained in Item 7 is true and correct. (12) Declaration under penalty of perjury by owner or operator named in the notice to appear that all information submitted is true and correct and the violation has been corrected. (b) The executive officer shall have the authority to approve any modification to the form used for submittal of the information set forth in subsection (a) consistent with said subsection, and shall provide the form to the California Highway Patrol and all air pollution control districts. Every "Proof of Correction by Verification" shall be prepared in triplicate on the form approved by the ARB. The original, along with the copy of the notice to appear, shall be submitted pursuant to Health and Safety Code Section 41f70 to the court specified in the notice to appear. No later than the date of presentment to the court, copies shall be mailed to the agency issuing the notice to appear and to the compliance Division of the ARB. Note: Authority cited: Sections 39600, 39601 and 41972, Health and Safety Code. Reference: Sections 41970, 41971 and 41972, Health and Safety Code. s 94006. Defects Substantially Impairing the Effectiveness of Vapor Recovery Systems Used in Motor Vehicle Fueling Operations. (a) For the purposes of Section 41960.2 of the Health and Safety Code, any defect that meets the following criteria shall be considered substantial and listed by the Air Resources Board: the defect did not exist when the system was certified; the excess emissions associated with the defect have the potential to degrade fueling point or system efficiency by at least five percent; and, a field verification procedure exists to identify the defect. (b) For the purposes of section 41960.2 of the Health and Safety Code, equipment defects in systems for the control of gasoline vapors resulting from motor vehicle fueling operations which substantially impair the effectiveness of the systems in reducing air contaminants are set forth in the "Vapor Recovery Equipment Defects List" adopted September 23, 2002, June 22, 2005, which is incorporated by reference herein. Note: Authority cited: Sections 39600, 39601 and 41960.2, Health and Safety Code. Reference: Sections 41954 and 41960.2, Health and Safety Code. s 94007. Test Procedures for Determination of Gasoline Vapor Leaks. Note: Authority cited: Sections 39600, 39601, 39607 and 41962, Health and Safety Code. Reference: Sections 39515, 39516, 39607, 41954 and 41962, Health and Safety Code. s 94010. Definitions. The definitions of common terms and acronyms used in the certification and test procedures specified in Sections 94011, 94012, 94013, 94014 and 94015 are listed in D-200, "Definitions for Vapor Recovery Procedures", adopted April 12, 1996, as last amended October 8, 2003 which are incorporated herein by reference. Note: Authority cited: Sections 39600, 39601, 39607 and 41954, Health and Safety Code. Reference: Sections 39515, 41954, 41959, 41960 and 41960.2, Health and Safety Code. s 94011. Certification of Vapor Recovery Systems of Dispensing Facilities. The certification of gasoline vapor recovery systems at dispensing facilities (service stations) shall be accomplished in accordance with the Air Resources Board's CP-201, "Certification Procedure for Vapor Recovery Systems at Gasoline Dispensing Facilities" which is herein incorporated by reference. (Adopted: December 9, 1975, as last amended February 9, 2005). The following test procedures (TP) cited in CP-201 are also incorporated by reference. TP-201.1 - "Volumetric Efficiency for Phase I Systems" (Adopted: April 12, 1996, as last amended October 8, 2003) TP-201.1A - "Emission Factor For Phase I Systems at Dispensing Facilities" (Adopted: April 12, 1996, as last amended February 1, 2001) TP-201.1B - "Static Torque of Rotatable Phase I Adaptors" (Adopted: July 3, 2002, as last amended October 8, 2003) TP-201.1C - "Leak Rate of Drop Tube/Drain Valve Assembly" (Adopted: July 3, 2002, as last amended October 8, 2003) TP-201.1D - "Leak Rate of Drop Tube Overfill Prevention Devices" (Adopted: February 1, 2001, as last amended October 8, 2003) TP-201.1E - "Leak Rate and Cracking Pressure of Pressure/Vacuum Relief Vent Valves" (Adopted: October 8, 2003) TP-201.2 - "Efficiency and Emission Factor for Phase II Systems" (Adopted: April 12, 1996, as last amended October 8, 2003) TP-201.2A - "Determination of Vehicle Matrix for Phase II Systems" (Adopted: April 12, 1996, as last amended February 1, 2001) TP-201.2B - "Flow and Pressure Measurement of Vapor Recovery Equipment" (Adopted: April 12, 1996, as last amended October 8, 2003) TP-201.2C - "Spillage from Phase II Systems" (Adopted: April 12, 1996, as last amended February 1, 2001) TP-201.2D - "Post-Fueling Drips From Nozzle Spouts" (Adopted: February 1, 2001, as last amended October 8, 2003) TP-201.2E - "Gasoline Liquid Retention in Nozzles and Hoses" (Adopted: February 1, 2001) TP-201.2F - "Pressure-Related Fugitive Emissions" (Adopted: February 1, 2001, as last amended October 8, 2003) TP-201.2G - "Bend Radius Determination for Underground Storage Tank Vapor Recovery Components" (Adopted: October 8, 2003) TP-201.2H - "Determination of Hazardous Air Pollutants from Vapor Recovery Processors" (Adopted: February 1, 2001) TP-201.2I - "Test Procedure for In-Station Diagnostic Systems" (Adopted: October 8, 2003) TP-201.2J - "Pressure Drop Bench Testing of Vapor Recovery Components" (Adopted: October 8, 2003) TP-201.3 - "Determination of 2 Inch WC Static Pressure Performance of Vapor Recovery Systems of Dispensing Facilities" (Adopted: April 12, 1996, as last amended March 17, 1999) TP-201.3A - "Determination of 5 Inch WC Static Pressure Performance of Vapor Recovery Systems of Dispensing Facilities" (Adopted: April 12, 1996) TP-201.3B - "Determination of Static Pressure Performance of Vapor Recovery Systems of Dispensing Facilities with Above-Ground Storage Tanks" (Adopted: April 12, 1996) TP-201.3C - "Determination of Vapor Piping Connections to Underground Gasoline Storage Tanks (Tie-Tank Test)" (Adopted: March 17, 1999) TP-201.4 - "Dynamic Back Pressure" (Adopted: April 12, 1996, as last amended July 3, 2002) TP-201.5 - "Air to Liquid Volume Ratio" (Adopted: April 12, 1996, as last amended February 1, 2001) TP-201.6 - "Determination of Liquid Removal of Phase II Vapor Recovery Systems of Dispensing Facilities" (Adopted: April 12, 1996, as last amended April 28, 2000) TP-201.6C - "Compliance Determination of Liquid Removal Rate" (Adopted: July 3, 2002) TP-201.7 - "Continuous Pressure Monitoring" (Adopted: October 8, 2003) Note: Authority cited: Sections 39600, 39601, 39607 and 41954, Health and Safety Code. Reference: Sections 39515, 41952, 41954, 41956.1, 41959, 41960 and 41960.2, Health and Safety Code. s 94012. Certification of Vapor Recovery Systems for Gasoline Bulk Plants. The certification of gasoline vapor recovery systems at bulk plants shall be accomplished in accordance with the Air Resources Board's CP-202 "Certification Procedure for Vapor Recovery Systems of Bulk Plants" which is incorporated herein by reference. (Adopted: April 12, 1996, as last amended March 17, 1999) The following test procedure (TP) cited in CP-202 is also incorporated by reference. TP-202.1 - "Determination of Emission Factor of Vapor Recovery Systems of Bulk Plants" (Adopted: April 12, 1996, as last amended March 17, 1999) Note: Authority cited: Sections 39600, 39601, 39607 and 41954, Health and Safety Code. Reference: Sections 39515, 39607, 41954, 41959 and 41960, Health and Safety Code. s 94013. Certification of Vapor Recovery Systems for Gasoline Terminals. The certification of gasoline vapor recovery systems at terminals shall be accomplished in accordance with the Air Resources Board's CP-203 "Certification Procedure for Vapor Recovery Systems of Terminals" which is incorporated herein by reference. (Adopted: April 12, 1996, as last amended March 17, 1999). The following test procedure (TP) cited in CP-203 is also incorporated by reference. TP-203.1 - "Determination of Emission Factor of Vapor Recovery Systems of Terminals" (Adopted: April 12, 1996, as last amended March 17, 1999) Note: Authority cited: Sections 39600, 39601, 39607 and 41954, Health and Safety Code. Reference: Sections 39515, 39607, 41954, 41959 and 41960, Health and Safety Code. s 94014. Certification of Vapor Recovery Systems for Cargo Tanks. The certification of gasoline vapor recovery systems for cargo tanks shall be accomplished in accordance with the Air Resources Board's CP-204 "Certification Procedure for Vapor Recovery Systems of Cargo Tanks" which is incorporated herein by reference. (Adopted: April 18, 1977, as last amended March 17, 1999). The following test procedures (TP) cited in CP-204 are also incorporated by reference. TP-204.1 - "Determination of Five Minute Static Pressure Performance of Vapor Recovery Systems of Cargo Tanks" (Adopted: April 12, 1996, as last amended March 17, 1999) TP-204.2 - "Determination of One Minute Static Pressure Performance of Vapor Recovery Systems of Cargo Tanks" (Adopted: April 12, 1996, as last amended March 17, 1999) TP-204.3 - "Determination of Leak(s)" (Adopted: April 12, 1996, as last amended March 17, 1999) Note: Authority cited: Sections 39600, 39601, 39607, 41954 amd 41962, Health and Safety Code. Reference: Sections 39515, 39516, 39607, 41954 and 41962, Health and Safety Code. s 94015. Certification of Vapor Recovery Systems for Novel Facilities. The certification of gasoline vapor recovery systems for novel facilities shall be accomplished in accordance with the Air Resources Board's CP-205 "Certification Procedure for Vapor Recovery Systems of Novel Facilities" which is incorporated herein by reference. (Adopted: April 12, 1996, as last amended March 17, 1999). The following test procedures (TP) cited in CP-205 are also incorporated by reference. TP-205.1 - "Determination of Efficiency of Phase I Vapor Recovery Systems of Novel Facilities" (Adopted: April 12, 1996, as last amended March 17, 1999) TP-205.2 - "Determination of Efficiency of Phase II Vapor Recovery Systems of Novel Facilities" (Adopted: April 12, 1996, as last amended March 17, 1999) Note: Authority cited: Sections 39600, 39601, 39607 and 41954, Health and Safety Code. Reference: Sections 39515, 39516, 39607, 41954 and 41962, Health and Safety Code. s 94100. Applicability. The test methods set forth in this article shall be used to determine compliance with the nonvehicular emission standards of the districts. However, where a district board, air pollution control officer or executive officer has established a test method concerning the same subject as a test method set forth in this article, the district test method shall be used to determine compliance with the district's nonvehicular emission standards. Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607 and 40001, Health and Safety Code. s 94101. Method 1 -Sample and Velocity Traverses. The test procedure for determining traverse points for sample and velocity measurements is set forth in the Air Resources Board's Method 1, Sample and Velocity Traverses for Stationary Sources, adopted June 29, 1983, as last amended July 1, 1999, which is incorporated herein by reference. Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607 and 40001, Health and Safety Code. s 94102. Method 2 -Velocity and Volumetric Flow Rate. The test method for determining stack gas velocity and volumetric flow rate using a type S pilot tube is set forth in the Air Resources Board's Method 2, Determination of Stack Gas Velocity and Volumetric Flow Rate (Type S Pilot Tube), adopted June 19, 1983, as last amended July 1, 1999, which is incorporated herein by reference. Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607 and 40001, Health and Safety Code. s 94103. Method 3 -Gas Analysis. The test method for determining carbon dioxide, oxygen, excess air and molecular weight on a dry basis in stack gases is set forth in the Air Resources Board's Method 3, Gas Analysis for Carbon Dioxide, Oxygen, Excess Air, and Dry Molecular Weight, adopted June 29, 1983, as last amended July 1, 1999, which is incorporated herein by reference. Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607 and 40001, Health and Safety Code. s 94104. Method 4 -Moisture Content. The test method for determining the moisture content in stack gases is set forth in the Air Resources Board's Method 4, Determination of Moisture Content in Stack Gases, adopted June 29, 1983, as last amended July 1, 1999, which is incorporated herein by reference. Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607 and 40001, Health and Safety Code. s 94105. Method 5 -Particulate Matter Emissions. The test method for determining particulate matter emissions is set forth in the Air Resources Board's Method 5, Determination of Particulate Matter Emissions from Stationary Sources, adopted June 29, 1983, as last amended July 28, 1997, which is incorporated herein by reference. Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607, 39666 and 40001, Health and Safety Code. s 94106. Method 6 -Sulfur Dioxide. The test method for determining sulfur dioxide emissions is set forth in the Air Resources Board's Method 6, Determination of Sulfur Dioxide Emissions from Stationary Sources, adopted June 29, 1983, as last amended July 1, 1999, which is incorporated herein by reference. Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607 and 40001, Health and Safety Code. s 94107. Method 7 -Nitrogen Oxides. The test method for determining nitrogen oxide emissions is set forth in the Air Resources Board's Method 7, Determination of Nitrogen Oxide Emissions from Stationary Sources, adopted June 29, 1983, as last amended July 28, 1997, which is incorporated herein by reference. Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607, 39666 and 40001, Health and Safety Code. s 94108. Method 8 -Sulfuric Acid Mist and Sulfur Dioxide. The test method for determining sulfuric acid mist and sulfur dioxide emissions is set forth in the Air Resources Board's Method 8, Determination of Sulfuric Acid Mist and Sulfur Dioxide Emissions from Stationary Sources, adopted June 29, 1983, as last amended July 1, 1999, which is incorporated herein by reference. Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607 and 40001, Health and Safety Code. s 94109. Method 10 -Carbon Monoxide. The test method for determining carbon monoxide emissions is set forth in the Air Resources Board's Method 10, Determination of Carbon Monoxide Emissions from Stationary Sources, adopted June 29, 1983, as last amended July 1, 1999, which is incorporated herein by reference. Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607 and 40001, Health and Safety Code. s 94110. Method 11 -Hydrogen Sulfide. The test method for determining the hydrogen sulfide content in petroleum refinery fuel gas streams is set forth in the Air Resources Board's Method 11, Determination of Hydrogen Sulfide Content of Fuel Gas Streams in Petroleum Refineries, adopted June 29, 1983, as last amended July 1, 1999, which is incorporated herein by reference. Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607 and 40001, Health and Safety Code. s 94111. Method 15 -Sulfides. The test method for determining hydrogen sulfide, carbonyl sulfide, and carbon disulfide emissions is set forth in the Air Resources Board's Method 15, Determination of Hydrogen Sulfide, Carbonyl Sulfide, and Carbon Disulfide Emissions from Stationary Sources, adopted June 29, 1983, as last amended July 1, 1999, which is incorporated herein by reference. Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607 and 40001, Health and Safety Code. s 94112. Method 16 -Sulfur. The test method for determining emissions of total reduced sulfur is set forth in the Air Resources Board's Method 16, Semicontinuous Determination of Sulfur Emissions from Stationary Sources, adopted June 29, 1983, as last amended July 1, 1999, which is incorporated herein by reference. Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607 and 40001, Health and Safety Code. s 94113. Method 17 -Particulate Matter Emissions (In-Stack). The test method for determining particulate matter emissions using an in-stack filtration method is set forth in the Air Resources Board's Method 17, Determination of Particulate Matter Emissions from Stationary Sources (In-Stack Filtration Method), adopted June 29, 1983, as last amended July 1, 1999, which is incorporated herein by reference. Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607 and 40001, Health and Safety Code. s 94114. Method 100 -Continuous Sampling. The test method for continuous gaseous emission stack sampling is set forth in the Air Resources Board's Method 100, Procedures for Continuous Gaseous Emission Stack Sampling, adopted June 29, 1983, as amended July 28, 1997, which is incorporated herein by reference. Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607, 39666 and 40001, Health and Safety Code. s 94115. Method 104 -Beryllium. The test method for determining particulate beryllium emissions is set forth in the Air Resources Board's Method 104, Determination of Beryllium Emissions from Stationary Sources, adopted June 29, 1983, as amended March 28, 1986. Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607 and 40001, Health and Safety Code. s 94116. Method 106 -Vinyl Chloride. The test method for determining vinyl chloride emissions from ethylene dichloride, vinyl chloride and polyvinyl chloride manufacturing processes is set forth in the Air Resources Board's Method 106, Determination of Vinyl Chloride Emissions from Stationary Sources, adopted June 29, 1983. Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39605, 39607 and 40001, Health and Safety Code. s 94117. Method 2A -Gas Volume Through Pipes and Small Ducts. The test method for determining gas flow rates in pipes and small ducts is set forth in the Air Resources Board's Method 2A, Direct Measurement of Gas Volumes Through Pipes and Small Ducts, adopted March 28, 1986, as last amended July 1, 1999, which is incorporated herein by reference. Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607 and 40001, Health and Safety Code. s 94118. Method 5A -Particulate Matter Emissions (Asphalt Processing and Roofing Sources). The test method for determining particulate emissions from asphalt roofing industry sources is set forth in the Air Resources Board's Method 5A, Determination of Particulate Emissions from the Asphalt Processing and Asphalt Roofing Industry, adopted March 28, 1986, as last amended July 1, 1999, which is incorporated herein by reference. Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607 and 40001, Health and Safety Code. s 94119. Method 5E -Particulate Matter Emissions (Wool Fiberglass). The test method for determining wool fiberglass particulate emissions is set forth in the Air Resources Board's Method 5E, Determination of Particulate Emissions from the Wool Fiberglass Insulation Manufacturing Industry, adopted March 28, 1986, as last amended July 1, 1999, which is incorporated herein by reference. Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607 and 40001, Health and Safety Code. s 94120. Method 12 -Inorganic Lead Emissions. The test method for determining inorganic lead emissions is set forth in the Air Resources Board's Method 12, Determination of Inorganic Lead Emissions from Stationary Sources, adopted March 28, 1986, as last amended July 1, 1999, which is incorporated herein by reference. Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607 and 40001, Health and Safety Code. s 94121. Method 13A -Fluoride Emissions (SPADNS Zirconium Lake Method). The test method for determining total fluorides emissions is set forth in the Air Resources Board's Method 13A, Determination of Total Fluoride Emissions from Stationary Sources (SPADNS Zirconium Lake Method), adopted March 28, 1986, as last amended July 1, 1999, which is incorporated herein by reference. Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607 and 40001, Health and Safety Code. s 94122. Method 13B -Fluoride Emissions (Specific Ion Electrode Method). The test method for determining total fluoride emissions is set forth in the Air Resources Board's Method 13B, Determination of Total Fluoride Emissions from Stationary Sources -Specific Ion Electrode Method, adopted March 28, 1986, as last amended July 1, 1999, which is incorporated herein by reference. Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607 and 40001, Health and Safety Code. s 94123. Method 20 -Gas Turbines. The test method for determining emissions from stationary gas turbines is set forth in the Air Resources Board's Method 20, Determination of Nitrogen Oxides, Sulfur Dioxide and Diluent Emissions from Stationary Gas Turbines, adopted March 28, 1986, as last amended July 1, 1999, which is incorporated herein by reference. Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607 and 40001, Health and Safety Code. s 94124. Method 21 -Volatile Organic Compound Leaks. The test method for determining volatile organic compound leaks from process equipment is set forth in the Air Resources Board's Method 21, Determination of Volatile Organic Compound Leaks, adopted March 28, 1986, as last amended July 1, 1999, which is incorporated herein by reference. Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607 and 40001, Health and Safety Code. s 94125. Method 101 -Mercury Emissions (Air Streams). The test method for determining particulate and gaseous mercury emissions from chlor-alkali plants and other sources where the carrier-gas stream in the duct or stack is principally air is set forth in the Air Resources Board's Method 101, Determination of Particulate and Gaseous Mercury Emissions from Chloro-Alkali Plants -Air Streams, adopted March 28, 1986. Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607, 39666 and 40001, Health and Safety Code. s 94126. Method 101A -Mercury Emissions (Sewage Sludge Incinerators). The test method for determining particulate and gaseous mercury emissions from sewage sludge incinerators and other sources is set forth in the Air Resources Board's Method 101A, Determination of Particulate and Gaseous Mercury Emissions from Sewage Sludge Incinerators, adopted March 28, 1986. Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607, 39666 and 40001, Health and Safety Code. s 94127. Method 150 -Hydrocarbon Emissions (Fixed Roof Tanks). The test method for determining hydrocarbon emissions from fixed-roof crude oil process tanks is set forth in the Air Resources Board's Method 150, Determination of Hydrocarbon Emissions from Fixed-Roof Crude Oil Process Tanks, adopted March 28, 1986. Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607 and 40001, Health and Safety Code. s 94128. Method 401 -Determination of the Weight Percent of Volatile Organic Compounds in Waste Products (Gravimetric Purge and Trap). The test method for determining the weight percent of volatile organic compounds in waste is set forth in the Air Resources Board's Method 401, Determination of the Weight Percent of Volatile Organic Compounds in Waste Products, adopted March 28, 1986. Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607 and 40001, Health and Safety Code. s 94129. Method 410A -Determination of Low Concentrations of Benzene from Stationary Sources. The test method for determining low concentrations of benzene from stationary sources is set forth in the Air Resources Board's Method 410A, Low Concentration Gas Chromatographic Determination of Benzene from Stationary Sources, adopted March 28, 1986. Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607, 39666 and 40001, Health and Safety Code.Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607, 39666 and 40001, Health and Safety Code. s 94130. Method 410B -Determination of High Concentrations of Benzene from Stationary Sources. The test method for determining high concentrations of benzene from stationary sources is set forth in the Air Resources Board's Method 410B, High Concentration Gas Chromatographic Determination of Benzene from Stationary Sources, adopted March 28, 1986. Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607, 39666 and 40001, Health and Safety Code. s 94131. Method 421-Gaseous Chloride and Fluoride in Emissions from Stationary Sources. The test method for determining gaseous chloride and fluoride in emissions from stationary sources is set forth in the Air Resources Board's Method 421, Determination of Gaseous Chloride and Fluoride Emissions from Stationary Sources, adopted January 22, 1987, as last amended December 13, 1991, which is incorporated herein by reference. Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607, 39666 and 40001, Health and Safety Code. s 94132. Method 422 -Volatile Organic Compounds in Emissions from Stationary Sources. The test method for determining volatile organic compounds in emissions from stationary sources is set forth in the Air Resources Board's Method 422, Determination of Volatile Organic Compounds in Emissions from Stationary Sources, adopted January 22, 1987, as last amended December 13, 1991, which is incorporated herein by reference. Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607, 39666 and 40001, Health and Safety Code. s 94133. Method 423-Inorganic Particulate and Gaseous Arsenic Emissions. The test method for determining inorganic particulate and gaseous arsenic emissions is set forth in the Air Resources Board's Method 423, Determination of Inorganic Particulate and Gaseous Arsenic Emissions from Stationary Sources, adopted January 22, 1987, which is incorporated herein by reference. Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607, 39666 and 40001, Health and Safety Code. s 94134. Method 424-Inorganic Particulate and Gaseous Cadmium Emissions. The test method for determining inorganic particulate and gaseous cadmium emissions is set forth in the Air Resources Board's Method 424, Determination of Inorganic Particulate and Gaseous Cadmium Emissions from Stationary Sources, adopted January 22, 1987, which is incorporated herein by reference. Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607, 39666 and 40001, Health and Safety Code. s 94135. Method 425 -Total Chromium and Hexavalent Chromium Emissions from Stationary Sources. The test method for determining total chromium and hexavalent chromium emissions from stationary sources is set forth in the Air Resources Board's Method 425, Determination of Total Chromium and Hexavalent Chromium Emissions from Stationary Sources, adopted January 22, 1987, as last amended July 28, 1997, which is incorporated herein by reference. Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607, 39666 and 40001, Health and Safety Code. s 94136. Method 426-Cyanide Emissions. The test method for determining cyanide emissions is set forth in the Air Resources Board's Method 426, Determination of Cyanide Emissions from Stationary Sources, adopted January 22, 1987, which is incorporated herein by reference. Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607, 39666 and 40001, Health and Safety Code. s 94137. Method 16A -Total Reduced Sulfur Emissions. The test method for determining reduced sulfur emissions is set forth in the Air Resources Board's Method 16A, Determination of Total Reduced Sulfur Emissions from Stationary Sources (Impinger Technique), adopted January 22, 1987, as last amended July 1, 1999, which is incorporated herein by reference. Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607, 39666 and 40001, Health and Safety Code. s 94138. Method 427 -Asbestos Emissions. The test procedure for determining asbestos emissions is set forth in the Air Resources Board's Method 427. Determination of Asbestos Emissions from Stationary Sources, adopted March 23, 1988, which is incorporated herein by reference. Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607, 39666 and 40001, Health and Safety Code. s 94139. Method 428 -Polychlorinated Dibenzo-p-Dioxin (PCDD), Polychlorinated Dibenzofuran (PCDF), and Polychlorinated Biphenyl (PCB) Emissions from Stationary Sources. The test method for determining polychlorinated dibenzo-p-dioxin (PCDD), polychlorinated dibenzofuran (PCDF), and polychlorinated biphenyl (PCB) emissions from stationary sources is set forth in the Air Resources Board's Method 428. Determination of Polychlorinated Dibenzo-p-dioxin (PCDD), Polychlorinated Dibenzofuran (PCDF), and Polychlorinated Biphenyl (PCB) Emissions from Stationary Sources, adopted March 23, 1988, as last amended September 12, 1990, which is incorporated herein by reference. Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607, 39666 and 40001, Health and Safety Code. s 94140. Method 501 -Determination of Size Distribution of Particulate Matter from Stationary Sources. The test method for determining size distribution of particulate matter emissions is set forth in the Air Resources Board's Method 501, Determination of Size Distribution of Particulate Matter Emissions from Stationary Sources, adopted March 23, 1988, as last amended September 12, 1990, which is incorporated herein by reference. Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607 and 40001, Health and Safety Code. s 94141. Method 429 -Polycyclic Aromatic Hydrocarbon (PAH) Emissions. The test procedure for determining polycyclic aromatic hydrocarbon emissions is set forth in the Air Resources Board's Method 429, Determination of Polycyclic Aromatic Hydrocarbon (PAH) Emissions from Stationary Sources, adopted September 12, 1989, as last amended July 28, 1997, which is incorporated herein by reference. Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607, 39666 and 40001, Health and Safety Code. s 94142. Method 430 -Formaldehyde and Acetaldehyde in Emissions. The test method for determining formaldehyde and acetaldehyde in emissions from stationary sources is set forth in the Air Resources Board's Method 430, Determination of Formaldehyde and Acetaldehyde in Emissions from Stationary Sources, adopted September 12, 1989, as last amended December 13, 1991, which is incorporated herein by reference. Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607, 39666 and 40001, Health and Safety Code. s 94143. Method 431 -Ethylene Oxide Emissions. The test procedure for determining ethylene oxide emissions is set forth in the Air Resources Board's Method 431, Determination of Ethylene Oxide Emissions from Stationary Sources, adopted September 12, 1989, as last amended November 13, 1998, which is incorporated herein by reference. Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607, 39666 and 40001, Health and Safety Code. s 94144. Method 432 -Dichloromethane and 1,1,1-Trichloroethane in Paints and Coatings. The test procedure for determining dichloromethane and 1,1,1-trichloroethane in paints and other coatings is set forth in the Air Resources Board's Method 432, Determination of Dichloromethane and 1,1,1- Trichloroethane in Paints and Coatings, adopted September 12, 1989, which is incorporated herein by reference. Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607, 39666 and 40001, Health and Safety Code. s 94145. Method 433 -Total Nickel Emissions. The test procedure for determining total nickel emissions is set forth in the Air Resources Board's Method 433, Determination of Total Nickel Emissions from Stationary Sources, adopted September 12, 1989, which is incorporated herein by reference. Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607, 39666 and 40001, Health and Safety Code. s 94146. Method 434 -Chlorine in Unheated Air. The test method for determining chlorine in unheated air is set forth in the Air Resources Board's Method 434, Determination of Chlorine in Unheated Air, adopted September 12, 1990, which is incorporated herein by reference. Note: Authority cited: Sections 39600, 39601, and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607, 39666, and 40001, Health and Safety Code. s 94147. Method 435 - Determination of Asbestos Content of Serpentine Aggregate. The test method for determining asbestos content of serpentine aggregate is set forth in the Air Resources Board's Method 435, Determination of Asbestos Content of Serpentine Aggregate, adopted June 6, 1991, which is incorporated herein by reference. Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607, 39666 and 40001, Health and Safety Code. s 94148. Test Method for Pressure Integrity of Vapor Recovery Equipment. The test method for determining flow versus pressure relationship for Phase II gasoline vapor recovery system of dispensing facilities is set forth in the Air Resources Board's TP-201.2B, "Pressure Integrity of Vapor Recovery Equipment" which is incorporated herein by reference. (Adopted: April 12, 1996, as last amended February 1, 2001) Note: Authority cited: Sections 39600, 39601, 39607 and 41954, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607, 40001 and 41954, Health and Safety Code. s 94149. Test Method for Spillage from Phase II Systems. The test method for determining gasoline vapor emissions from spillage of Phase II vapor recovery systems of dispensing facilities is set forth in the Air Resources Board's TP-201.2C, "Spillage from Phase II Systems" which is incorporated herein by reference. (Adopted: April 12, 1996, as last amended February 1, 2001) Note: Authority cited: Sections 39600, 39601, 39607 and 41954, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607, 40001 and 41954, Health and Safety Code. s 94150. Test Method for Determining 2 Inch WC Static Pressure Performance of Phase II Vapor Recovery Systems for Dispensing Facilities. The test method for determining the 2 inch WC static pressure of Phase II vapor recovery system of dispensing facilities is set forth in the Air Resources Board's TP-201.3, "Determination of 2 Inch WC Static Pressure Performance of Vapor Recovery Systems of Dispensing Facilities" which is incorporated herein by reference. (Adopted: April 12, 1996, as last amended March 17, 1999) Note: Sections 39600, 39601, 39607 and 41954, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 40001 and 41954, Health and Safety Code. s 94151. Test Method for Determining 2 Inch WC Static Pressure Performance of Phase II Vapor Recovery Systems of Dispensing Facilities. The test method for determining the 5 inch WC static pressure performance of Phase II vapor recovery systems of dispensing facilities is set forth in the Air Resources Board's TP-201.3A "Determination of the 5 Inch WC Static Pressure Performance of Vapor Recovery Systems of Dispensing Facilities" which is incorporated herein by reference. (Adopted: [April 12, 1996]) Note: Authority cited: Sections 39600, 39601, 39607 and 41954, Health and Safety Code. Reference: Sections: 39515, 39516, 39605, 40001 and 41954, Health and Safety Code. s 94152. Test Method for Determining the Static Pressure Performance of Phase II Vapor Recovery Systems of Dispensing Facilities with Above-Ground Storage Tanks. The test method for determining the static pressure performance of Phase II vapor recovery systems of dispensing facilities with above-ground storage tanks is set forth in the Air Resources Board's TP-201.3B "Determination of Static Pressure Performance of Vapor Recovery Systems of Dispensing Facilities with Above-Ground Storage Tanks" which is incorporated herein by reference. (Adopted: [April 12, 1996]) Note: Authority cited: Sections 39600, 39601, 39607 and 41954, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 40001 and 41954, Health and Safety Code. s 94153. Test Method for Determining the Dynamic Pressure Performance of Phase II Vapor Recovery Systems of Dispensing Facilities. The test method for determining the dynamic pressure performance of Phase II vapor recovery systems of dispensing facilities is set forth in the Air Resources Board's TP-201.4 "Dynamic Back Pressure" which is incorporated herein by reference. (Adopted: April 12, 1996, as last amended July 3, 2002) Note: Authority cited: Sections 39600, 39601, 39607 and 41954, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 40001 and 41954, Health and Safety Code.Authority cited: Sections 39600, 39601, 39607 and 41954, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 40001 and 41954, Health and Safety Code. s 94154. Test Method for Air to Liquid Volume Ratio. The test method for determining the air to liquid volume ratio of Phase II gasoline vapor recovery systems of dispensing facilities is set forth in the Air Resources Board's TP-201.5, "Air to Liquid Volume Ratio" which is incorporated herein by reference. (Adopted: April 12, 1996, as last amended February 1, 2001) Note: Authority cited: Sections 39600, 39601, 39607 and 41954, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 40001 and 41954, Health and Safety Code. s 94155. Compliance Test Method for Determining Liquid Blockage of Phase II Vapor Recovery Systems at Dispensing Facilities. The compliance test method for determining the liquid blockage of a Phase II vapor recovery system is set forth in the Air Resources Board's TP-201.6C, "Compliance Determination of Liquid Removal Rate" which is incorporated herein by reference. (Adopted: July 3, 2002) Note: Authority cited: Sections 39600, 39601, 39607 and 41954, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 40001 and 41954, Health and Safety Code.Authority cited: Sections 39600, 39601, 39607 and 41954, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 40001 and 41954, Health and Safety Code. s 94156. Test Method for Determining Gasoline Vapor Emissions of Vapor Recovery Systems at Bulk Plants. The test method for determining gasoline vapor emissions of vapor recovery systems at bulk plants is set forth in the Air Resources Board's TP-202.1, "Determination of Emission Factor of Vapor Recovery Systems of Bulk Plants" which is incorporated herein by reference. (Adopted: April 12, 1996, as last amended March 17, 1999) Note: Authority cited: Sections 39600, 39601, 39607 and 41954, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 40001 and 41954, Health and Safety Code. s 94157. Test Method for Determining Gasoline Vapor Emissions of Vapor Recovery Systems at Terminals. The test method for determining gasoline vapor emissions of vapor recovery systems at terminals is set forth in the Air Resources Board's TP-203.1, "Determination of Emission Factor of Vapor Recovery Systems of Terminals" which is incorporated herein by reference. (Adopted: April 12, 1996, as last amended March 17, 1999). Note: Authority cited: Sections 39600, 39601, 39607 and 41954, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 40001 and 41954, Health and Safety Code. s 94158. Test Method for Determining Five Minute Static Test Pressure Performance for Vapor Recovery System on Cargo Tanks. The test method for determining the five minute static pressure performance of vapor recovery system on cargo tank is set forth in the Air Resources Board's TP 204.1, "Determination of Five Minute Static Pressure Performance of Vapor Recovery Systems of Cargo Tanks" which is incorporated herein by reference. (Adopted: April 12, 1996, as last amended March 17, 1999). Note: Authority cited: Sections 39600, 39601, 39607, 41954 and 41962, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 40001 and 41954, Health and Safety Code. s 94159. Test Method for Determining One Minute Static Test Pressure Performance for Vapor Recovery Systems on Cargo Tanks. The test method for determining the one minute static test pressure performance for vapor recovery system on cargo tank is set forth in the Air Resources Board's TP-204.2, "Determination of One Minute Static Pressure Performance of Vapor Recovery Systems of Cargo Tanks" which is incorporated herein by reference. (Adopted: April 12, 1996, as last amended March 17, 1999). Note: Authority cited: Sections 39600, 39601, 39607, 41954 and 41962, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 40001 and 41954, Health and Safety Code. s 94160. Test Method for Determining Leaks During the Loading of Cargo Tanks. The test method for determining leaks during the loading of cargo tanks is set forth in the Air Resources Board's TP-204.3 "Determination of Leaks" which is incorporated herein by reference. (Adopted: April 12, 1996, as last amended March 17, 1999) Note: Authority cited: Sections 39600, 39601, 39607, 41954 and 41962, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 40001 and 41954, Health and Safety Code. s 94161. Method 436 -Multiple Metal Emissions. The test procedure for determining multiple metal emissions is set forth in the Air Resources Board's Method 436, Determination of Multiple Metals in Emissions from Stationary Sources, adopted July 28, 1997, which is incorporated herein by reference. Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 39607, 39666 and 40001, Health and Safety Code. s 94162. Test Method for Determining Vapor Piping Connection of Underground Gasoline Storage Tanks. The test method for determining the vapor piping connection of underground gasoline storage tanks is set forth in the Air Resources Board's TP-201.3C "Determination of Vapor Piping Connections to Underground Gasoline Storage Tanks (Tie-Tank Test)" which is incorporated herein by reference. (Adoption: March 17, 1999). Note: Authority cited: Sections 39600, 39601, 39607, 41954 and 41962, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 40001 and 41954, Health and Safety Code. s 94163. Test Method for Leak Rate of Drop Tube Overfill Prevention Devices. The test method for determining the leak rate of drop tube overfill prevention devices is set forth in the Air Resources Board's TP-201.1D "Leak Rate of Drop Tube Overfill Prevention Devices" which is incorporated herein by reference. (Adopted: February 1, 2001, as last amended October 8, 2003) Note: Authority cited: Sections 39600, 39601, 39607 and 41954, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 40001 and 41954, Health and Safety Code. s 94164. Test Method for Static Torque and Rotation of Rotatable Phase I Adaptors. The test method for determining the static torque and rotation of Phase I vapor and product adaptors is set forth in the Air Resources Board's TP-201.1B, "Static Torque of Rotatable Phase I Adaptors" which is incorporated herein by reference. (Adopted: July 3, 2002, as last amended October 8, 2003) Note: Authority cited: Sections 39600, 39601, 39607 and 41954, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 40001 and 41954, Health and Safety Code. s 94165. Test Method for Leak Rate of Drop Tube/Drain Valve Assembly. The test method for determining the leak rate of drop tube/drain valve assemblies is set forth in the Air Resources Board's TP-201.1C, "Leak Rate of Drop Tube/Drain Valve Assembly" which is incorporated herein by reference. (Adopted: July 3, 2002, as last amended October 8, 2003) Note: Authority cited: Sections 39600, 39601, 39607 and 41954, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 40001 and 41954, Health and Safety Code. s 94166. Method for Leak Rate and Cracking Pressure of Pressure/Vacuum Relief Vent Valves. The test method for determining the pressure and vacuum at which a pressure/vacuum relief vent valve actuates and for determining the volumetric leak rate of a pressure/vacuum relief vent valve at a given pressure is set forth in the Air Resources Board's TP-201.1E, "Leak Rate and Cracking Pressure of Pressure/Vacuum Relief Vent Valves" which is incorporated herein by reference. (Adopted: October 8, 2003) Note: Authority cited: Sections 39600, 39601, 39607 and 41954, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 40001 and 41954, Health and Safety Code. s 94167. Method for Bend Radius Determination for Underground Storage Tank Vapor Return Piping. The test method for determining the bend radius for underground storage tank vapor return piping is set forth in the Air Resources Board's TP-201.2G, "Bend Radius Determination for Underground Storage Tank Vapor Return Piping" which is incorporated herein by reference. (Adopted: October 8, 2003) Note: Authority cited: Sections 39600, 39601, 39607 and 41954, Health and Safety Code. Reference: Sections 39515, 39516, 39605, 40001 and 41954, Health and Safety Code. s 94200. Purpose. These regulations implement the program mandated by Health and Safety Code section 41514.9 for certification of electrical generation technologies. After January 1, 2003, it will be unlawful to either: (a) manufacture any DG Unit for sale, lease, use, or operation in the State of California, or (b) sell or lease, or offer for sale or lease any DG Unit for use or operation in the State of California, unless the DG Unit is certified by the Air Resources Board pursuant to these regulations or is otherwise exempt from certification as hereinafter provided. Note: Authority cited: Sections 39600, 39601 and 41514.9, Health and Safety Code. Reference: Section 41514.9, Health and Safety Code. s 94201. Applicability. Any DG Unit manufactured after January 1, 2003 for sale, lease, use, or operation in the State of California or any new DG Unit sold or leased, or offered for sale or lease, for use or operation in the State of California after January 1, 2003 shall be certified by the Air Resources Board unless the DG Unit: (a) does not emit an air contaminant when operated, (b) is registered under the Portable Engine and Equipment Registration Program (title 13, California Code of Regulations commencing at section 2450), (c) is used only when electrical or natural gas service fails or for emergency pumping of water for fire protection or flood relief, or (d) is not exempt from an air pollution control district or air quality management district's permitting requirements. Note: Authority cited: Sections 39600, 39601 and 41514.9, Health and Safety Code. Reference: Section 41514.9, Health and Safety Code. s 94202. Definitions. For the purposes of these regulations, the following definitions apply: (a) Air Contaminant. Shall have the same meaning as set forth in section 39013 of the Health and Safety Code. (b) Air Pollution Control Equipment. Equipment that eliminates, reduces, or controls the issuance of air emissions. (c) Applicant. A manufacturer or manufacturer's designated agent applying for certification of a DG Unit. (d) ARB. The California Air Resources Board. (e) Combined Heat and Power. A DG Unit that produces both electric power and process heat. (f) Distributed Generation (DG) Unit. Electrical generation technologies that produce electricity near the place of use. (g) District. Shall have the same meaning as set forth in part 3, commencing with section 40000 of the California Health and Safety Code. (h) Electrical Generation Technology. Reciprocating engines, external combustion engines, combustion turbines, photovoltaics, wind turbines, fuel cells or any combination thereof. (i) Executive Officer. The Executive Officer of the California Air Resources Board or his or her designee. (j) Executive Order. An order issued by the Executive Officer of the Air Resources Board certifying compliance of a DG Unit with the applicable requirements of this article. (k) Zero Emission Technology. Any technology that does not emit an air contaminant as defined in section 94202(a). Note: Authority cited: Sections 39600, 39601 and 41514.9, Health and Safety Code. Reference: Section 41514.9, Health and Safety Code. s 94203. Requirements. (a) On or after January 1, 2003, any DG Unit subject to this regulation must be certified pursuant to section 94204 to one of the following sets of emission standards. (1) DG Unit not integrated with combined heat and power, (2) DG Unit integrated with combined heat and power technology. January 1, 2003 Emission Standards (lb/MW-hr) Pollutant DG Unit not Integrated DG Unit Integrated with Combined Heat With Combined Heat and Power (a)(1) and Power (a)(2) Oxides of Nitrogen (NOx) 0.5 0.7 Carbon Monoxide (CO) 6.0 6.0 Volatile Organic Compounds (VOCs) 1.0 1.0 Particulate Matter (PM) An emission limit An emission limit corresponding to corresponding to natural gas with fuel natural gas with sulfur content of no fuel sulfur content more than 1 grain/100 of no more than scf 1 grain/100 scf (A) DG Units that use combined heat and power may be certified to the emission standard in section (a)(2) above if the DG Units are sold with combined heat and power technology integrated into a standardized package by the Applicant and the DG Units achieve a minimum efficiency of 60 percent (useful energy out/fuel in). The efficiency determination shall be based on 100 percent load. (B) DG Units that are sold with a zero emission technology integrated into a standardized package by the Applicant may have the electrical power output of the zero emission technology added to the electrical power output of the DG unit to meet the emission standards in (a)(1) and (a)(2) above. (b) On or after January 1, 2007, any DG Unit subject to this regulation must be certified pursuant to section 94204 to the following set of emission standards. January 1, 2007 Emission Standards (lb/MW-hr) Pollutant Emission Standard Oxides of Nitrogen (NOx) 0.07 Carbon Monoxide (CO) 0.10 Volatile Organic Compounds (VOCs) 0.02 Particulate Matter (PM) An emission limit corresponding to natural gas with fuel sulfur content of no more than 1 grain/100 scf (1) DG Units that use combined heat and power may take a credit to meet the emission standard above. Credit shall be at the rate of one megawatt-hour (MW-hr) for each 3.4 million British Thermal Units (BTU's) of heat recovered. To take the credit, the following must apply: (A) DG Units are sold with combined heat and power technology integrated into a standardized package by the Applicant; and (B) DG Units achieve a minimum efficiency of 60 percent (useful energy out/fuel in) in the conversion of the energy in the fossil fuel to electricity and process heat. The efficiency determination shall be based on 100 percent load. (c) DG Units must meet the applicable emission standards for 15,000 hours of operation when operated and maintained according to the manufacturer's instructions. (d) By July 2005, the ARB staff must complete an electrical generation technology review to evaluate if the requirements in (b) and (c) above and section 94207 should be modified and report its findings to the Board. Note: Authority cited: Sections 39600, 39601 and 41514.9, Health and Safety Code. Reference: Section 41514.9, Health and Safety Code. s 94204. Certification Procedure. (a) Each application for certification and the fee as specified in section 94210 shall be submitted in a format approved by the Executive Officer and include, at a minimum, the following information: (1) name of the Applicant, a contact person, mailing address (street and electronic), and telephone number; (2) a description of the DG Unit and model number; (3) maximum output rating (kilowatt); (4) fuel type for which certification is being sought; (5) type or description of any emission control equipment used; (6) emissions test data, supporting calculations, quality control/assurance information, and all other information needed to demonstrate compliance with the requirements in sections 94203 (a) through (c). (b) Within 30 calendar days of receipt of an application, the Executive Officer shall inform the Applicant in writing if the application is complete or deficient. If deemed deficient, the Executive Officer shall identify the specific information required to make the application complete. (c) Within 60 calendar days of the application being deemed complete, the Executive Officer shall issue or deny certification. (d) Upon finding that a DG Unit meets the requirements of this article, the Executive Officer shall issue an Executive Order of Certification for the DG Unit. The Executive Officer shall provide a copy of the Executive Order of Certification to the Applicant. Note: Authority cited: Sections 39600, 39601 and 41514.9, Health and Safety Code. Reference: Section 41514.9, Health and Safety Code. s 94205. Voluntary Certification. DG Units that do not emit air contaminants while operating may submit information requested in section 94204 (a)(1) through (3), and any information necessary to demonstrate that there are no emissions of air contaminants, to the Executive Officer for voluntary certification. Note: Authority cited: Sections 39600, 39601 and 41514.9 Health and Safety Code. Reference: Section 41514.9, Health and Safety Code. s 94206. Labeling Requirements. (a) The Applicant shall affix a certification label on a visible location on each certified DG Unit. (b) The certification label must be of durable material and be permanently attached to the DG Unit. (c) The certification label must contain the year of the conforming emission standards, the fuel type used, and the number of the Executive Order of Certification. Note: Authority cited: Sections 39600, 39601 and 41514.9, Health and Safety Code. Reference: Section 41514.9, Health and Safety Code. s 94207. Testing. (a) Sampling methodology used must conform to ARB testing procedures. Alternate or modified test methods must be submitted for approval by the Executive Officer. (1) Testing shall be conducted in accordance with the following methods, which are incorporated by reference herein: NOx, CO, VOC and Oxygen: ARB Test Method 100 (as adopted on July 28, 1997) Gas Velocity and Flow Rate: ARB Test Methods 1, 2, 3, and (as adopted on 4 July 1, 1999) (b) California Public Utility Commission (CPUC) quality natural gas shall be used for certification testing. Other fuels may be used upon approval by the Executive Officer. (c) Any additional control equipment or other devices that affect emissions shall be applied to the DG Unit and operated as marketed for the testing period. (d) Testing parameters. (1) A minimum of three valid test runs must be conducted. Each test is to be run consecutively. Justification for invalid test runs must be included in the test report. (2) Testing commences after the DG Unit has reached stable operation. (3) Each run must be conducted for three power production loads: 50 percent of generator gross output, 75 percent of generator gross output, and 100 percent of generator gross output. (A) A load bank may be used to establish the load. (B) The DG Unit must be operated for a sufficient period of time to demonstrate stability in the emission reading at constant load and to ensure the collection of representative and quantifiable samples. (4) Generator output (MW-hr), based on gross output, shall be measured during each valid test run. A calibrated electric meter shall be used for the measurements. The meter shall be calibrated according to the American National Standards Institute's Code for Electricity Metering (ANSI C12.1-as of July 9, 2001). (5) The emission rate shall be expressed in lb/MW-hr and shall be calculated according to the following formula and weighting factors: (A) The results from the three valid test runs at 50 percent load shall be arithmetically averaged and multiplied by 0.2; (B) The results from the three valid test runs at 75 percent load shall be arithmetically averaged and multiplied by 0.5; and (C) The results from the three valid test runs at 100 percent load shall be arithmetically averaged and multiplied by 0.3. The results for (A), (B) and (C), above, shall be added together to calculate the certification emission rate. (6) Prior to commercial operation, each DG Unit shall be tested for NOx emissions at 100 percent load using a NOx analyzer that has been calibrated according to EPA CTM-022 (dated May, 1995) and approved by the Executive Officer. DG Units meeting the requirements of section 94203 (b) on or before January 1, 2003 will be exempt from this requirement. (7) Alternate testing parameters may be used upon approval by the Executive Officer. Note: Authority cited: Sections 39600, 39601 and 41514.9, Health and Safety Code. Reference: Section 41514.9, Health and Safety Code. s 94208. Recordkeeping. (a) The Applicant must retain all information used for the certification application. (b) Upon request of the Executive Officer, the Applicant will submit information to the ARB on the number and location of certified DG Units that have been sold in California. (c) Upon request of the Executive Officer, the Applicant will submit to the ARB the serial numbers, emissions durability information, and information gathered from measurements made pursuant to section 94207(d)(6) of certified DG Units sold in California. Note: Authority cited: Sections 39600, 39601 and 41514.9, Health and Safety Code. Reference: Section 41514.9, Health and Safety Code. s 94209. Recertification. (a) Certification is valid for four years except where the test results for the initial certification of the DG unit does not meet the requirements in section 94203 (b). The certification for these DG units shall be valid until January 1, 2007. Note: Authority cited: Sections 39600, 39601 and 41514.9, Health and Safety Code. Reference: Section 41514.9, Health and Safety Code. s 94210. Fees. (a) Fees shall be due and payable to the Executive Officer at the time an application is filed. (b) DG Units subject to these regulations will be assessed a fee of $2500.00 for certification and/or recertification. (c) DG Units seeking voluntary certification through section 94205 will be exempt from fees for certification. (d) DG Units meeting the requirements of section 94203(b) on or before January 1, 2003 will be exempt from fees for certifying to the requirements in section 94203(a). Note: Authority cited: Sections 39600, 39601 and 41514.9, Health and Safety Code. Reference: Section 41514.9, Health and Safety Code. s 94211. Inspection. The Executive Officer, or an authorized representative of the Executive Officer, may periodically inspect manufacturers of DG Units for sale, lease, use or operation in California or, distributors, and retailers selling or leasing DG Units for use or operation in the state of California and conduct such tests as are deemed necessary to ensure compliance with these regulations. Failure of a manufacturer, distributor, or retailer to allow access for inspection purposes shall be grounds for suspension or revocation of certification. Note: Authority cited: Sections 39600, 39601 and 41514.9, Health and Safety Code. Reference: Section 41514.9, Health and Safety Code. s 94212. Denial, Suspension or Revocation of Certification. (a) The Executive Officer for just cause may deny, suspend or revoke an Executive Order of Certification in any of the following circumstances: (1) the Applicant has materially misrepresented the meaning, findings, effect or any other material aspect of the certification application, including submitting false or incomplete information in its application for certification regardless of the Applicant's personal knowledge of the falsity or incompleteness of the information; (2) the test data submitted by the Applicant to show compliance with this regulation have been found to be inaccurate or invalid; or (3) the certified unit has failed in-use to comply with the findings set forth in the Executive Order. For the purposes of this section, noncompliance with the certification may include, but is not limited to: (A) a repeated failure to perform to the standards set forth in this article; or (B) modification by the manufacturer of the DG Unit that results in an increase in emissions or changes the efficiency or operating conditions of such unit, without prior notice to and approval by the Executive Officer. (b) A manufacturer may be denied certification or subject to a suspension or revocation action pursuant to this section based upon the actions of an agent, employee, licensee, or other authorized representative. (c) The Executive Officer shall notify a manufacturer by certified mail of any action taken by the Executive Officer to deny, suspend or revoke any certification granted under this article. The notice shall set forth the reasons for and evidence supporting the action(s) taken. A suspension or revocation is effective upon receipt of the notification. (d) A manufacturer may request that the suspension or revocation be stayed pending a hearing under section 94213. In determining whether to grant the stay, the hearing officer shall consider the reasonable likelihood that the manufacturer will prevail on the merits of the appeal and the harm the manufacturer will likely suffer if the stay is not granted. The Executive Officer shall deny the stay if the adverse effects of the stay on the public health, safety, and welfare outweigh the harm to the manufacturer if the stay is not granted. (e) Once an Executive Order of Certification has been suspended pursuant to (a) above, the manufacturer must satisfy and correct all noted reasons for the suspension and submit a written report to the Executive Officer advising him or her of all such steps taken by the manufacturer before the Executive Officer will consider reinstating the certification. (f) After the Executive Officer suspends or revokes an Executive Order of Certification pursuant to this section and prior to commencement of a hearing under section 94213, if the manufacturer demonstrates to the Executive Officer satisfaction that the decision to suspend or revoke the certification was based on erroneous information, the Executive Officer will reinstate the certification. (g) Nothing in this section shall prohibit the Executive Officer from taking any other action provided for by law for violations of the Health and Safety Code. Note: Authority cited: Sections 39600, 39601 and 41514.9, Health and Safety Code. Reference: Section 41514.9, Health and Safety Code. s 94213. Appeals. Any manufacturer whose application or certification has been denied, suspended, or revoked may request a hearing to review the action as provided herein. (a) Hearing Procedure. Except as provided for in section 94213(b) below, any appeal pursuant to this section 94213 shall be conducted in accordance with the Administrative Hearing Procedures for Petitions for Review of Executive Officer Decisions, Title 17 California Code of Regulations, Division 3. Chapter 1 Article 2, commencing with section 60055.1. (b) Review by written submission. (1) In lieu of the hearing procedure set forth in (a) above, a manufacturer may request that a review of the Executive Officer's decision be conducted by a hearing officer solely by written submission. (2) A manufacturer may request a review of the Executive Officer's decision to deny, suspend or revoke a certification no later than 20 days from the date of issuance of the notice of the denial, suspension, or revocation. Such request shall include, at a minimum, the following: (A) name of the manufacturer, the name, address and telephone number of the person representing the manufacturer and a statement signed by a senior officer of the manufacturer warranting that the representative has full authority to bind the manufacturer as to all matters regarding the appeal; (B) copy of the Executive Order granting certification and the written notification of denial; (C) a statement of facts and explanation of the issues to be raised setting forth the basis for challenging the denial, suspension, or revocation (conclusory allegations will not suffice) together with all documents relevant to those issues; and (D) the signature of the representative named in (A) above. (3) Upon receipt of a request for review, the request shall be referred to the administrative hearing office of the state board for assignment of a hearing officer. (4) Within 15 days of appointment of a hearing officer: (A) ARB staff shall submit a written response to the manufacturer's submission and documents in support of the Executive Officer's action no later than 10 days after receipt of the manufacturer's submission; (B) within 7 days of receipt of the ARB response, the manufacturer may submit one rebuttal statement which shall be limited to the issues raised in the ARB rebuttal; (C) if the manufacturer submits a rebuttal, ARB staff may, within 7 days of receipt of the manufacturer's rebuttal, submit one rebuttal statement which shall be limited to the issues raised in the manufacturer's rebuttal; and (D) the hearing officer shall receive all statements and documents and render a written decision. The hearing officer's decision shall be mailed to the manufacturer no later than 60 working days after the final deadline for submission of papers. Note: Authority cited: Sections 39600, 39601 and 41514.9, Health and Safety Code. Reference: Section 41514.9, Health and Safety Code. s 94214. Penalties. In addition to suspension or revocation of certification as provided in section 94212, ARB may seek penalties under Health and Safety Code Division 26, Part 4., Chapter 4, Article 3 commencing with section 42400, for any violation of these regulations. Note: Authority cited: Sections 39600, 39601 and 41514.9, Health and Safety Code. Reference: Section 41514.9, Health and Safety Code. s 94500. Applicability. Except as provided in section 94503, this article shall apply to any person who sells, supplies, offers for sale, or manufactures antiperspirants or deodorants for use in the state of California. Note: Authority cited: Sections 39600, 39601, and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000, Health and Safety Code. s 94501. Definitions. For the purpose of this article, the following definitions apply: (a) "Aerosol Product" means a pressurized spray system that dispenses antiperspirant or deodorant ingredients. (b) "Antiperspirant" means any product including, but not limited to, aerosols, roll-ons, stick, pumps, pads, creams, and squeeze-bottles, that is intended by the manufacturer to be used to reduce perspiration in the human axilla by at least 20 percent in at least 50 percent of a target population. (c) "Colorant" means any substance or mixture of substances, the primary purpose of which is to color or modify the color of something else. (d) "Deodorant" means: (1) for products manufactured before January 1, 2006: any product including, but not limited to, aerosols, roll-ons, sticks, pumps, pads, creams, and squeeze-bottles, that is intended by the manufacturer to be used to minimize odor in the human axilla by retarding the growth of bacteria which cause the decomposition of perspiration. (2) for products manufactured on or after January 1, 2006: any product including, but not limited to, aerosol, roll-ons, sticks, pumps, pads, creams, and squeeze-bottles, that indicates or depicts on the container or packaging, or on any sticker or label affixed thereto, that the product ca be used on or applied to the human axilla to provide a scent and/or minimize order. (e) "Executive Officer" means the Executive Officer of the Air Resources Board, or his or her delegate. (f) "Fragrance" means a substance or complex mixture of aroma chemicals, natural essential oils, and other functional components with a combined vapor pressure not in excess of 2 mm of Hg at 20 <> C, the sole purpose of which is to impart an odor or scent, or to counteract a malodor. (g) "High Volatility Organic Compound (HVOC)" means any organic compound that exerts a vapor pressure greater than 80 millimeters of Mercury (mm Hg) when measured at 20 <> C. (h) "Manufacturer" means any person who imports, manufactures, assembles, produces, packages, repackages, or relabels an antiperspirant or deodorant. (i) "Medium Volatility Organic Compound (MVOC)" means any organic compound that exerts vapor pressure greater than 2 mm Hg and less than or equal to 80 mm Hg when measured at 20 <> C. (j) "Non-aerosol Product" means any antiperspirant or deodorant that is not dispensed by a pressurized spray system. (k) "Roll-on Product" means any antiperspirant or deodorant that dispenses active ingredients by rolling a wetted ball or wetted cylinder on the affected area. (l) "Stick Product" means any antiperspirant or deodorant that contains active ingredients in a solid matrix form, and that dispenses the active ingredients by frictional action on the affected area. (m) "Volatile Organic Compound (VOC)" means any compound containing at least one atom of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, and excluding the following: (1) methane, methylene chloride (dichloromethane), 1,1,1-trichloroethane (methyl chloroform), trichlorofluoromethane (CFC-11), dichlorodifluoromethane (CFC-12), 1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113), 1,2-dichloro-1,1,2,2-tetrafluoroethane (CFC-114), chloropentafluoroethane (CFC-115), chlorodifluoromethane (HCFC-22), 1,1,1-trifluoro-2,2-dichloroethane (HCFC-123), 1,1-dichloro-1-fluroethane (HCFC-141b), 1-chloro-1,1-difluorethane (HCFC-142b), 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124), trifluoromethane (HFC-23), 1,1,2,2-tetrafluoroethane (HFC-134), 1,1,1,2-tetrafluoroethane (HFC-134a), pentafluoroethane (HFC-125), 1,1,1-trifluoroethane (HFC-143a), 1,1-difluoroethane (HFC-152a), cyclic, branched, or linear completely methylated siloxanes, the following classes of perfluorocarbons: (A) cyclic, branched, or linear, completely fluorinated alkanes; (B) cyclic, branched, or linear, completely fluorinated ethers with no unsaturations; (C) cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and (D) sulfur-containing perfluorocarbons with no unsaturations and with the sulfur bonds to carbon and fluorine, and (2) the following low-reactive organic compounds which have been exempted by the U.S. EPA: acetone, ethane, methyl acetate parachlorobenzotrifluoride (1-chloro-4-trifluoromethyl benzene). Note: Authority cited: Sections 39600, 39601 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code. s 94502. Standards for Antiperspirants and Deodorants. (a) Except as provided in sections 94503 (Exemptions), 94503.5 (Innovative Products), 94505 (Variances) and 94567(a)(1) (Hairspray Credit Program), Title 17, California Code of Regulations, no person shall sell, supply, offer for sale, or manufacture for sale in California any antiperspirant or deodorant which, at the time of sale or manufacture, contains volatile organic compounds in excess of the limits specified in the following Tables of Standards, after the specified effective date, or after any date that has been specified by the Executive Officer pursuant to subsections (d)(2) or (d)(5): (1) The following Table of Standards applies to products manufactured before January 1, 2001. Table of Standards For products manufactured before January 1, 2001 (percent volatile organic compounds by weight) Effective Dates [Note: The following TABLE/FORM is too wide to be displayed on one screen. You must print it for a meaningful review of its contents. The table has been divided into multiple pieces with each piece containing information to help you assemble a printout of the table. The information for each piece includes: (1) a three line message preceding the tabular data showing by line # and character # the position of the upper left-hand corner of the piece and the position of the piece within the entire table; and (2) a numeric scale following the tabular data displaying the character positions.] ******************************************************************************* ******** This is piece 1. -- It begins at character 1 of table line 1. ******** ******************************************************************************* 12/31/92 1/1/95 HVOC [FNa] MHVOC [FNb] HVOC [FNa] MVOC [FNb] HVOC Aerosol Products in Compliance Plan [FNc] Antiperspirants 60 20 40 Deodorants 20 20 14 All Other Aerosol Products Antiperspirants 60 20 0 10 Deodorants 20 20 0 10 Non-Aerosol 0 0 0 0 Products 1...+...10....+...20....+...30....+...40....+...50....+...60....+...70....+. ******************************************************************************* ******* This is piece 2. -- It begins at character 77 of table line 1. ******** ******************************************************************************* 1/1/97 1/1/99 [FNa] MVOC [FNb] HVOC [FNa] MVOC [FNc] 10 0 10 10 0 10 77......+...90....+....0....+...10....+... ______________ [FNa] High volatility organic compounds, i.e., any organic compound that exerts a vapor pressure greater than 80 mm Hg when measured at 20<>o C. [FNb] Medium volatility organic compounds, i.e., any organic compound that exerts a vapor pressure greater than 2 mm Hg and less than or equal to 80 mm Hg when measured at 20<>o C. [FNc] These standards apply to aerosol products manufactured by companies that have submitted a compliance plan pursuant to Section 94502(d), which has been approved by the Executive Officer. ________________________________________________________________ (2) The following Table of Standards applies to products manufactured beginning January 1, 2001. Table of Standards For products manufactured beginning January 1, 2001 (percent volatile organic compounds by weight) Effective Dates 1/1/01 HVOC [FNa] MVOC [FNb] Aerosol Products Antiperspirants 40 10 Deodorants 0 10 Non-Aerosol Products 0 0 ______________ [FNa] High volatility organic compounds, i.e., any organic compound that exerts a vapor pressure greater than 80 mm Hg when measured at 20<>o C. [FNb] Medium volatility organic compounds, i.e., any organic compound that exerts a vapor pressure greater than 2 mm Hg and less than or equal to 80 mm Hg when measured at 20<>o C. ________________________________________________________________ (b) No person shall sell, supply, offer for sale, or manufacture for sale in California any antiperspirant or deodorant which contains any of the following ozone-depleting compounds: CFC-11 (trichlorofluoromethane), CFC-12 (dichlorodifluoromethane), CFC-113 (1,1,2-trichloro-1,2,2-trifluoroethane), CFC-114 (1-chloro-1,1-difluoro-2-chloro-2,2-difluoroethane), CFC-115 (chloropentafluoroethane), halon 1211 (bromochlorodifluoromethane), halon 1301 (bromotrifluoro-methane), halon 2404 (dibromotetrafluoromethane), HCFC-22 (chlorodifluoromethane), HCFC-123 (2,2-dichloro-1,1,1-trifluoroethane), HCFC-124 (2-chloro-1,1,1,2-tetrafluoroethane), HCFC-141b (1,1-dichloro-1- fluoroethane), HCFC-142b (1-chloro-1,1-difluoro-ethane), 1,1,1-trichloroethane, and carbon tetrachloride. (c) No person shall sell, supply, offer for sale, or manufacture for sale in California any antiperspirant or deodorant which contains any compound that has been identified by the ARB in Title 17, California Code of Regulations, Division 3, Chapter 1, Subchapter 7, Section 93000 as a toxic air contaminant. (d) Special Requirements for Aerosol Manufacturers. This subsection (d) applies only to aerosol antiperspirant and deodorant products manufactured before January 1, 1999. (1) A manufacturer of aerosol products may submit to the Executive Officer a compliance plan which describes how the manufacturer will achieve compliance with the requirements of section 94502 (a) for aerosol products. (2) For each aerosol manufacturer who submits a compliance plan pursuant to subsection (d) (1), the Executive Officer shall suspend the 1/1/1995 requirements of section 94502 (a) for aerosol products until a date on or before January 1, 1999, if the compliance plan demonstrates to the Executive Officer's satisfaction that the manufacturer is making good faith efforts, either independently or as part of a cooperative effort with other manufacturers, to develop aerosol products that will comply with the requirements of section 94502(a) in accordance with a schedule which is reasonably likely to enable the manufacturer to produce an acceptable aerosol product which complies with these requirements by a date on or before January 1, 1999. Before reaching a decision to suspend the requirements of Section 94502(a), the Executive Officer may request an aerosol manufacturer to modify the compliance plan to include additional information. (3) In order to qualify for a suspension under subsection (d)(2), the compliance plan submitted by the manufacturer must contain all of the following: (A) A compliance schedule setting forth the sequence and respective dates for all key events in the process of developing aerosol products complying with the requirements of section 94502 (a). (B) A commitment by each manufacturer which specifies that: 1. No later than January 1, 1997, the manufacturer will complete reformulation of aerosol antiperspirant and deodorant products to meet the 1/1/1997 standards specified in Section 94502(a) for aerosol products in a compliance plan. 2. No later than January 1, 1997, the manufacturer will cease manufacturing products for use in California that do not comply with the 1/1/1997 standards specified in Section 94502(a) for aerosol products in a compliance plan. 3. No later than January 1, 2000, the manufacturer will cease to sell, supply, or offer for sale of all products manufactured prior to January 1, 1997, that do not comply with the 1/1/1997 standards specified in Section 94502(a) for aerosol products in a compliance plan. (C) For each manufacturer, technical detail and information on the progress each manufacturer has made and the effort each plans to make to comply with both the 1/1/1997 and 1/1/1999 HVOC standards specified in Section 94502(a) for aerosol products in a compliance plan, including individual company timetables with "milestones" or increments of progress which allow progress to be measured. The technical information shall be sufficiently detailed to allow individual manufacturer's compliance efforts to be monitored including, at a minimum, the following information: 1. Documentation of past, planned and ongoing research to meet the 1/1/1997 HVOC standards. Documentation will include data to support whether the 1/1/1997 standards represent the lowest achievable HVOC content, by whatever method or technology is chosen by the manufacturer. If hydrofluorocarbon-152a ( "HFC-152a") is part of the technology to be used by the manufacturer, the information shall include, at a minimum: the manufacturer's current HFC-152a allocation for any use; the supply of HFC-152a to meet the manufacturer's needs for the aerosol antiperspirant and deodorant market; an indication as to whether the amount specified is needed to cover national or California sales; manufacturer's efforts to date to receive necessary allocations; time-frame to receive allocations; the actual path to compliance, including information on the types of formulations to be tested, formulation data, prototype testing, toxicity and stability tests, packaging and valve testing, safety and efficacy testing, consumer market testing and consumer acceptance, management decision for go-ahead, large-scale production, and availability to consumer; critical path identification; the expected date of aerosol antiperspirant and deodorant production that meets the 1/1/1997 standards; and a back-up plan that describes the manufacturer's actions should HFC-152a not be available in sufficient quantities. If a compliance method or technology other than the use of HFC-152a is chosen, the information will include at a minimum: actual path to compliance, including information on the types of formulations to be tested, formulation data, prototype testing, toxicity and stability tests, packaging and valve testing, safety and efficacy testing, consumer market testing and customer acceptance, management decision for go-ahead, large-scale production, and availablity to consumer; critical path identification; expected date to produce aerosol antiperspirants and deodorants that meet the 1/1/1997 HVOC standards; and a back-up plan describing the manufacturer's actions should the chosen compliance method or technology not succceed. 2. A description of past, ongoing, and planned research efforts to achieve the 1/1/1999 HVOC standards. The information required will be the same as for the 1/1/1997 HVOC standards, as described in Section 94502(d)(3)(C) above. This information will also include a detailed description of the pursued technologies, current status of this technology, and the feasibility of attaining the 1/1/1999 standards. The documentation will outline key events and a timetable in the development of products to meet the 1/1/1999 HVOC standards and alternative plans if the technology does not develop as expected. 3. A list of products which each individual manufacturer will be producing under this compliance plan. (4) A manufacturer who has received a suspension pursuant to subsection (d)(2) shall submit annual updates to the compliance plan to the Executive Officer on January 1, 1995, January 1, 1996, January 1, 1997, January 1, 1998, and January 1, 1999. These updates shall describe any changes or revisions that should be made to the compliance plan, based on any changed circumstances that have occurred since the submittal of the compliance plan or the last update. A manufacturer who has received a suspension pursuant to subsection (d)(2) shall also notify the Executive Officer in writing within 10 days after the failure of the manufacturer to meet any increment of progress specified in the compliance plan, or in any annual update to the compliance plan, and the likely effect of that failure on the ability of the manufacturer to comply with section 94502(a) by the date specified by the Executive Officer pursuant to subsection (d)(2). (5) Within 120 days after each compliance plan update is due, or within 120 days after notification by a manufacturer pursuant to subsection (d)(4), the Executive Officer shall determine whether the manufacturer is continuing to make good faith efforts to develop aerosol products that will comply with the requirements of section 94502(a) in accordance with a schedule which is reasonably likely to enable the manufacturer to produce an acceptable aerosol product which complies with these requirements. If the Executive Officer determines that the manufacturer is not making such good faith efforts, the Executive Officer shall withdraw the suspension effective immediately upon written notification of the withdrawal to the manufacturer. Any antiperspirant or deodorant product manufactured prior to the date on which the manufacturer is notified that the suspension is withdrawn may be sold, supplied, or offered for sale up to three years after the effective date of the suspension withdrawal. (6) A manufacturer may request a public hearing to review any decision made by the Executive Officer pursuant to subsections (d)(2) and (d)(5). The hearing shall be held in accordance with the procedures specified in Title 17, California Code of Regulations, Division 3, Chapter 1, Subchapter 1, Article 4 (commencing with Section 60040). (e) Notwithstanding the provisions of Section 94502(a), an antiperspirant or deodorant product manufactured prior to each of the effective dates specified for that product in the Table of Standards may be sold, supplied, or offered for sale up to three years after each of the specified effective dates. In addition, an aerosol antiperspirant or deodorant product manufactured prior to any compliance date specified by the Executive Officer pursuant to Section 94502(d)(2) may be sold, supplied, or offered for sale up to three years after the specified compliance date. This subsection (e) does not apply to any antiperspirant or deodorant product which does not display on the product container or package the date on which the product was manufactured, or a code indicating such date. Note: Authority cited: Sections 39600, 39601 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code. s 94503. Exemptions. (a) This article shall not apply to any person who manufactures antiperspirants or deodorants in California for shipment and use outside of California. (b) The requirements of Section 94502(a) shall not apply to fragrances and colorants up to a combined level of 2 percent by weight contained in any antiperspirant or deodorant. (c) The requirements of Section 94502(a) shall not apply to those volatile organic compounds that contain more than 10 carbon atoms per molecule and for which the vapor pressure is unknown, or that have a vapor pressure of 2 mm Hg or less at 20 degrees C. (d) The medium volatility organic compound (MVOC) content standards specified in Section 94502(a), shall not apply to ethanol. Note: Authority cited: Sections 39600, 39601, and 41712 Health and Safety Code. Reference: Sections 39002, 39600. 40000, and 41712, Health and Safety Code. s 94503.5. Innovative Products. (a) The Executive Officer shall exempt an antiperspirant or deodorant product from the requirements of Section 94502(a) if a manufacturer demonstrates by clear and convincing evidence that, due to some characteristic of the product formulation, design, delivery systems, or other factors, the use of the product will result in less VOC emissions as compared to: (1) the VOC emissions from a representative antiperspirant or deodorant product which complies with the VOC Standards specified in Sections 94502(a), or (2) the calculated VOC emissions from a non-complying representative product, if the product had been reformulated to comply with the VOC standards specified in Section 94502(a). VOC emissions shall be calculated using the following equation: E R = E NC x VOC STD P VOC NC Where: E R = the VOC emissions from the noncomplying representative product, had it been reformulated. = the VOC emissions from the noncomplying representative product, had it been reformulated. E NC = The VOC emissions from the noncomplying representative product in its current formulation. VOC STD = The VOC standard specified in 94502(a). VOC NC = The VOC content of the noncomplying product in its current formulation. If a manufacturer demonstrates that this equation yields inaccurate results due to some characteristic of the product formulation or other factors, an alternative method which accurately calculates emissions may be used upon approval of the Executive Officer. (b) For the purposes of this section, "representative antiperspirant or deodorant product" means an antiperspirant or deodorant product which meets all of the following criteria: (1) the representative product shall be subject to the same VOC limit in Section 94502(a) as the innovative product. (2) the representative product shall be of the same product form as the innovative product, unless the innovative product uses a new form which does not exist in the product category at the time the application is made. (3) the representative product shall have at least similar efficacy as other consumer products in the same product category based on tests generally accepted for that product category by the consumer products industry. (c) A manufacturer shall apply in writing to the Executive Officer for any exemption claimed under subsection (a). The application shall include the supporting documentation that demonstrates the reduction of emissions from the innovative product, including the actual physical test methods used to generate the data and, if necessary, the consumer testing undertaken to document product usage. In addition, the applicant must provide any information necessary to enable the Executive Officer to establish enforceable conditions for granting the exemption including the VOC content for the innovative product and test methods for determining the VOC content. All information submitted by a manufacturer pursuant to this section shall be handled in accordance with the procedures specified in Title 17, California Code of Regulation, Sections 91000-91022. (d) Within 30 days of receipt of the exemption application the Executive Officer shall determine whether an application is complete as provided in section 60030(a), Title 17, California Code of Regulations. (e) Within 90 days after an application has been deemed complete, the Executive Officer shall determine whether, under what conditions, and to what extent, an exemption from the requirements of Section 94502(a) will be permitted. The applicant and the Executive Officer may mutually agree to a longer time period for reaching a decision, and additional supporting documentation may be submitted by the applicant before a decision has been reached. The Executive Officer shall notify the applicant of the decision in writing and specify such terms and conditions that are necessary to insure that emissions from the product will meet the emissions reductions specified in subsection (a), and that such emissions reductions can be enforced. (f) In granting an exemption for a product, the Executive Officer shall establish conditions that are enforceable. These conditions shall include the allowable VOC content of the innovative product, dispensing rates, application rates, and any other parameters determined by the Executive Officer to be necessary. The Executive Officer shall also specify the test methods for determining conformance to the conditions established. The test methods shall include criteria for reproducibility, accuracy, and sampling and laboratory procedures. (g) For any product for which an exemption has been granted pursuant to this section, the manufacturer shall notify the Executive Officer in writing within 30 days of any change in the product formulation or recommended product usage directions, and shall also notify the Executive Officer within 30 days if the manufacturer learns of any information which would alter the emissions estimates submitted to the Executive Officer in support of the exemption application. (h) If VOC standards are lowered for a product category through any subsequent rulemaking, all innovative product exemptions granted for products in the product category, except as provided in this subsection (h), shall have no force and effect as of the effective date of the modified VOC standard. This subsection (h) shall not apply to those innovative products which have VOC emissions less than the appropriate lowered VOC standard and for which a written notification of the product's emissions status versus the lowered VOC standard has been submitted to and approved by the Executive Officer at least 60 days before the effective date of such standard. (i) If the Executive Officer believes that an antiperspirant or deodorant product for which an exemption has been granted no longer meets the criteria for an innovative product specified in subsection (a), the Executive Officer may modify or revoke the exemption as necessary to assure that the product will meet these criteria. The Executive Officer shall not modify or revoke an exemption without first affording the applicant an opportunity for a public hearing held in accordance with the procedures specified in Title 17, California Code of Regulations, Division 3, Chapter 1, Subchapter 1, Article 4 (commencing with Section 60040), to determine if the exemption should be modified or revoked. Note: Authority cited: Sections 39600, 39601 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code. s 94504. Administrative Requirements. (a) Labeling. (1) No later than three months after the effective date of this article, each manufacturer of an antiperspirant or deodorant subject to this article shall clearly display on each container of antiperspirant or deodorant, the date on which the product was manufactured, or a code indicating such date. If a manufacturer uses a code indicating the date of manufacture, an explanation of the code must be filed with the Executive Officer in advance of the code's use by the manufacturer. (2) Location of Labeling Information: The date or date-code information required by subsection (a)(1) shall be located in the container so that it is readily observable without disassembling any part of the container or packaging. (3) Defacing of Containers: No person shall erase, alter, deface or otherwise remove or make illegible any date or date-code from any regulated product container without the express authorization of the manufacturer. (b) Reporting. (1) Upon 90 days written notice each manufacturer subject to this article shall submit to the Executive Officer the following information: (A) the brand name for each antiperspirant or deodorant product; (B) the owner of the trademark or brand name; (C) the product forms (aerosol, pump, liquid, solid, etc.); (D) the California annual sales in pounds per year and the method used to calculate California annual sales; (E) the total VOC (as defined in Section 94501(m)) content in percent by weight which: (a) has a vapor pressure of 2.0 mm Hg or less at 20<>o C or (b) consists of more than 10 carbon atoms, if the vapor pressure is unknown; (F) the total HVOC and MVOC content and type (as defined in Section 94502(a)) in percent by weight; (G) the percent by weight of VOC, water, solids, propellant, and any compounds that are exempt from the definition of VOC specified in section 94501; (H) any additional information necessary to determine volatile organic compound emissions from any antiperspirant or deodorant products. (2) All information submitted by manufacturers pursuant to Section 94504(b) shall be handled in accordance with the procedures specified in Title 17, California Code of Regulations, Sections 91000-91022. Note: Authority cited: Sections 39600, 39601, 41511 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000, 41511 and 41712, Health and Safety Code. s 94505. Variances. (a) Any person who cannot comply with the requirements set forth in Section 94502, because of extraordinary reasons beyond the person's reasonable control may apply in writing to the Executive Officer for a variance. The variance application shall set forth: (1) the specific grounds upon which the variance is sought; (2) the proposed date(s) by which compliance with the provisions of Section 94502 will be achieved, and (3) a compliance report reasonably detailing the method(s) by which compliance will be achieved. (b) Upon receipt of a variance application containing the information required in subsection (a), the Executive Officer shall hold a public hearing to determine whether, under what conditions, and to what extent, a variance from the requirements in Section 94502 is necessary and will be permitted. A hearing shall be initiated no later than 75 days after receipt of a variance application. Notice of the time and place of the hearing shall be sent to the applicant by certified mail not less than 30 days prior to the hearing. Notice of the hearing shall also be submitted for publication in the California Regulatory Notice Register and sent to every person who requests such notice, not less than 30 days prior to the hearing.The notice shall state that the parties may, but need not be, represented by counsel at the hearing. At least 30 days prior to the hearing, the variance application shall be made available to the public for inspection. Information submitted to the Executive Officer by a variance applicant may be claimed as confidential, and such information shall be handled in accordance with the procedures specified in Title 17, California Code of Regulations, Sections 91000-910022. The Executive Officer may consider such confidential information in reaching a decision on a variance application. Interested members of the public shall be allowed a reasonable opportunity to testify at the hearing and their testimony shall be considered. (c) No variance shall be granted unless all of the following findings are made: (1) That, because of reasons beyond the reasonable control of the applicant, requiring compliance with Section 94502 would result in extraordinary economic hardship; (2) that the public interest in mitigating the extraordinary hardship to the applicant by issuing the variance outweighs the public interest in avoiding any increased emissions of air contaminants which would result from issuing the variance; (3) that the compliance report proposed by the applicant can reasonably be implemented, and will achieve compliance as expeditiously as possible. (d) Any variance order shall specify a final compliance date by which the requirements of Section 94502 will be achieved. Any variance order shall contain a condition that specifies increments of progress necessary to assure timely compliance, and such other conditions that the Executive Officer, in consideration of the testimony received at the hearing, finds necessary to carry out the purposes of Division 26 of the Health and Safety Code. (e) A variance shall cease to be effective upon failure of the party to whom the variance was granted to comply with any term or condition of the variance. (f) Upon the application of any person, the Executive Officer may review, and for good cause, modify or revoke a variance from requirements of Section 94502 after holding a public hearing in accordance with the provisions of subsection (b). Note: Authority cited: Sections 39600, 39601 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code. s 94506. Test Methods. (a)(1) Testing to determine the volatile organic compound content of an antiperspirant or deodorant, or to determine compliance with the requirements of this article, shall be performed using Air Resources Board Method 310, Determination of Volatile Organic Compounds (VOC) in Consumer Products, adopted September 25, 1997 and as last amended on May 5, 2005, which is incorporated herein by reference. Alternative methods which are shown to accurately determine the concentration of VOCs in a subject product or its emissions may be used upon approval of the Executive Officer. (2) In sections 3.5 and 3.7 of Air Resources Board (ARB) Method 310, a process is specified for the "Initial Determination of VOC Content" and the "Final Determination of VOC Content". This process is an integral part of testing procedures set forth in ARB Method 310, and is reproduced below: Sections 3.5 and 3.7 of Air Resources Board Method 310 3.5Initial Determination of VOC Content.The Executive Officer will determine the VOC content pursuant to sections 3.2 and 3.3. Only those components with concentrations equal to or greater than 0.1 percent by weight will be reported. 3.5.1 Using the appropriate formula specified in section 4.0, the Executive Officer will make an initial determination of whether the product meets the applicable VOC standards specified in ARB regulations. If initial results show that the product does not meet the applicable VOC standards, the Executive Officer may perform additional testing to confirm the initial results. 3.5.2 If the results obtained under section 3.5.1 show that the product does not meet the applicable VOC standards, the Executive Officer will request the product manufacturer or responsible party to supply product formulation data. The manufacturer or responsible party shall supply the requested information. Information submitted to the ARB Executive Officer may be claimed as confidential; such information will be handled in accordance with the confidentiality procedures specified in Title 17, California Code of Regulations, sections 91000 to 91022. 3.5.3 If the information supplied by the manufacturer or responsible party shows that the product does not meet the applicable VOC standards, then the Executive Officer will take appropriate enforcement action. 3.5.4 If the manufacturer or responsible party fails to provide formulation data as specified in section 3.5.2, the initial determination of VOC content under this section 3.5 shall determine if the product is in compliance with the applicable VOC standards. This determination may be used to establish a violation of ARB regulations. 3.7Final Determination of VOC Content. If a product's compliance status is not satisfactorily resolved under sections 3.5 and 3.6, the Executive Officer will conduct further analyses and testing as necessary to verify the formulation data. 3.7.1 If the accuracy of the supplied formulation data is verified and the product sample is determined to meet the applicable VOC standards, then no enforcement action for violation of the VOC standards will be taken. 3.7.2 If the Executive Officer is unable to verify the accuracy of the supplied formulation data, then the Executive Officer will request the product manufacturer or responsible party to supply information to explain the discrepancy. 3.7.3 If there exists a discrepancy that cannot be resolved between the results of Method 310 and the supplied formulation data, then the results of Method 310 shall take precedence over the supplied formulation data. The results of Method 310 shall then determine if the product is in compliance with the applicable VOC standards, and may be used to establish a violation of ARB regulations. (b) Testing to determine compliance with the requirements of this article may also be demonstrated through calculation of the volatile organic compound content from records of the amounts of constituents used to make the product. Compliance determination based on these records may not be used unless the manufacturer of a consumer product keeps accurate records for each day of production of the amounts and chemical composition of the individual product constituents. These records must be kept for at least three years. (c) No person shall create, alter, falsify, or otherwise modify records in such a way that the records do not accurately reflect the constituents used to manufacture a product, the chemical composition of the individual product, and any other tests, processes, or records used in connection with product manufacture. Note: Authority cited: Sections 39600, 39601, 39607, 41511 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 39607, 40000, 41511 and 41712, Health and Safety Code. s 94506.5. Federal Enforceability. For purposes of federal enforceability of this article, the Environmental Protection Agency is not subject to approval determinations made by the Executive Officer under Section 94503.5, 94505, or 94506. Within 180 days of a request from a person who has been granted an exemption or variance under Section 94503.5 or 94505, an exemption or variance meeting the requirements of the Clean Air Act shall be submitted by the Executive Officer to the Environmental Protection Agency for inclusion in the applicable implementation plan approved or promulgated by the Environmental Protection Agency pursuant to Section 110 of the Clean Air Act, 42 U.S.C., Section 7410. Prior to submitting an exemption granted under Section 94503.5 as a revision to the applicable implementation plan, the Executive Officer shall hold a public hearing on the proposed exemption. Notice of the time and place of the hearing shall be sent to the applicant by certified mail not less than 30 days prior to the hearing. Notice of the hearing shall also be submitted for publication in the California Regulatory Notice Register and sent to the Environmental Protection Agency, every person who requests such notice, and to any person or group of persons whom the Executive Officer believes may be interested in the application. Within 30 days of the hearing the Executive Officer shall notify the applicant of the decision in writing as provided in Section 94503.5(f). The decision may approve, disapprove, or modify an exemption previously granted pursuant to Section 94503.5. Note: Authority cited: Sections 39600, 39601, 39602 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 39602, 40000 and 41712, Health and Safety Code. s 94507. Applicability. Except as provided in Sections 94509(i) and 94510, this article shall apply to any person who sells, supplies, offers for sale, or manufactures consumer products for use in the state of California. Note: Authority cited: Sections 39600, 39601 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code. s 94508. Definitions. (a) For the purpose of this article, the following definitions apply: (1) "Adhesive" means any product that is used to bond one surface to another by attachment. "Adhesive" does not include products used on humans and animals, adhesive tape, contact paper, wallpaper, shelf liners, or any other product with an adhesive incorporated onto or in an inert substrate. For "Contact Adhesive," "Construction, Panel, and Floor Covering Adhesive," and "General Purpose Adhesive" only, "adhesive" also does not include units of product, less packaging, which weigh more than one pound and consist of more than 16 fluid ounces. This limitation does not apply to aerosol adhesives. (2) "Adhesive Remover" means a product designed to remove adhesive from either a specific substrate or a variety of substrates. "Adhesive Removers" do not include products that remove adhesives intended for use on humans or animals. For the purpose of this definition and "Adhesive Remover" subcategories (A-D), the term "adhesive" shall mean a substance used to bond one or more materials. Adhesive includes, but is not limited to: caulks; sealants; glues; or similar substances used for the purpose of forming a bond. (A) "Floor to Wall Covering Adhesive Remover" means a product designed or labeled to remove floor or wall coverings and associated adhesive from the underlying substrate. (B) "Gasket or Thread Locking Adhesive Remover" means a product designed or labeled to remove gaskets or thread locking adhesives. Products labeled for dual use as a paint stripper and gasket remover and/or thread locking adhesive remover are considered "Gasket or Thread Locking Adhesive Remover." (C) "General Purpose Adhesive Remover" means a product designed or labeled to remove cyanoacrylate adhesives as well as non-reactive adhesives or residue from a variety of substrates. "General Purpose Adhesive Remover" includes, but is not limited to, products that remove thermoplastic adhesives; pressure sensitive adhesives; dextrine or starch-based adhesives; casein glues; rubber or latex-based adhesives; as well as products that remove stickers; decals; stencils; or similar materials. "General Purpose Adhesive Remover" does not include "Floor or Wall Covering Adhesive Remover." (D) "Specialty Adhesive Remover" means a product designed to remove reactive adhesives from a variety of substrates. Reactive adhesives include adhesives that require a hardener or catalyst in order for the bond to occur. Examples of reactive adhesives include, but are not limited to: epoxies; urethanes; silicones. "Specialty Adhesive Remover" does not include "Gasket or Thread Locking Adhesive Remover." (3) "Aerosol Adhesive" means any adhesive packaged as an aerosol product in which the spray mechanism is permanently housed in a nonrefillable can designed for hand-held application without the need for ancillary hoses or spray equipment. Aerosol adhesives include special purpose spray adhesives, mist spray adhesives, and web spray adhesives. (4) "Aerosol Cooking Spray" means any aerosol product designed either to reduce sticking on cooking and baking surfaces or to be applied on food, or both. (5) "Aerosol Product" means a pressurized spray system that dispenses product ingredients by means of a propellant contained in a product or a product's container, or by means of a mechanically induced force. "Aerosol Product" does not include "Pump Spray." (6) "Agricultural Use" means the use of any pesticide or method or device for the control of pests in connection with the commercial production, storage or processing of any animal or plant crop. "Agricultural Use" does not include the sale or use of pesticides in properly labeled packages or containers which are intended for: (A) Home use, (B) Use in structural pest control, or (C) Industrial or Institutional use. For the purposes of this definition only: "Home use" means use in a household or its immediate environment. "Structural pest control" means a use requiring a license under Chapter 14 (commencing with Section 8500), Division 3, of the Business and Professions Code. "Industrial use" means use for or in a manufacturing, mining, or chemical process or use in the operation of factories, processing plants, and similar sites. "Institutional use" means use within the confines of, or on property necessary for the operation of buildings such as hospitals, schools, libraries, auditoriums, and office complexes. (7) "Air Freshener" means any consumer product including, but not limited to, sprays, wicks, powders, and crystals, designed for the purpose of masking odors, or freshening, cleaning, scenting, or deodorizing the air. "Air Freshener" includes dual/purpose air freshener/disinfectant products. "Air Freshener" does not include products that are used on the human body, products that function primarily as cleaning products as indicated on a product label, or "Toilet/Urinal Care Product." (8) "All Other Carbon-Containing Compounds" means all other compounds which contain at least one carbon atom and are not a "Table B" or a "LVP-VOC." (9) "All Other Forms" means all consumer product forms for which no form-specific VOC standard is specified. Unless specified otherwise by the applicable VOC standard, "all other forms" include, but are not limited to, solids, liquids, wicks, powders, crystals, and cloth or paper wipes (towelettes). (10) "Antimicrobial Hand or Body Cleaner or Soap" means a cleaner or soap which is designed to reduce the level of microorganisms on the skin through germicidal activity, and is regulated as an over-the-counter drug by the U.S. Food and Drug Administration. "Antimicrobial Hand or Body Cleaner or Soap" includes, but is not limited to, (A) antimicrobial hand or body washes/cleaners, (B) foodhandler hand washes, (C) healthcare personnel hand washes, (D) pre-operative skin preparations and (E) surgical scrubs. "Antimicrobial Hand or Body Cleaner or Soap" does not include prescription drug products, antiperspirants, "Astringent/Toner," deodorant, "Facial Cleaner or Soap," "General-use Hand or Body Cleaner or Soap," "Hand Dishwashing Detergent" (including antimicrobial), "Heavy-duty Hand Cleaner or Soap," "Medicated Astringent/Medicated Toner," and "Rubbing Alcohol." (11) "Anti-Static Product" means a product that is labeled to eliminate, prevent, or inhibit the accumulation of static electricity. "Anti-Static Product" does not include "Electronic Cleaner," "Floor Polish or Wax," "Floor Coating," and products that meet the definition of "Aerosol Coating Product" or "Architectural Coating." (12) "Architectural Coating" means a coating applied to stationary structures and their appurtenances, to mobile homes, to pavements, or to curbs. (13) "ASTM" means the American Society for Testing and Materials. (14) "Astringent/Toner" means any product not regulated as a drug by the United States Food and Drug Administration (FDA) which is applied to the skin for the purpose of cleaning or tightening pores. This category also includes clarifiers and substrate-impregnated products. This category does not include any hand, face, or body cleaner or soap product, "Medicated Astringent/Medicated Toner," "Personal Fragrance Product," cold cream, lotion, or antiperspirant. (15) "Automotive Brake Cleaner" means a cleaning product designed to remove oil, grease, brake fluid, brake pad material or dirt from motor vehicle brake mechanisms. (16) "Automotive Hard Paste Wax" means an automotive wax or polish which is: (A) designed to protect and improve the appearance of automotive paint surfaces; and (B) a solid at room temperature; and (C) contains 0% water by formulation. (17) "Automotive Instant Detailer" means a product designed for use in a pump spray that is applied to the painted surface of automobiles and wiped off prior to the product being allowed to dry. (18) "Automotive Rubbing or Polishing Compound" means a product designed primarily to remove oxidation, old paint, scratches or "swirl marks," and other defects from the painted surfaces of motor vehicles without leaving a protective barrier. (19) "Automotive Wax, Polish, Sealant or Glaze" means a product designed to seal out moisture, increase gloss, or otherwise enhance a motor vehicle's painted surfaces. "Automotive Wax, Polish, Sealant or Glaze" includes, but is not limited to, products designed for use in autobody repair shops and "drive-through" car washes, as well as products designed for the general public. "Automotive Wax, Polish, Sealant or Glaze" does not include "Automotive Rubbing or Polishing Compounds," automotive wash and wax products, surfactant-containing car wash products, and products designed for use on unpainted surfaces such as bare metal, chrome, glass, or plastic. (20) "Automotive Windshield Washer Fluid (Dilutable)" means any liquid which meets the following criteria: (A) the product is sold either in a container with a capacity of 55 gallons or more, or a container with a capacity of one quart or less; and (B) the product is designed for use in a motor vehicle windshield washer fluid system either as an anti-freeze or for the purpose of cleaning, washing, bug removal, or wetting the windshield(s). "Automotive Windshield Washer Fluid (Dilutable)" does not include any fluid which is placed in a new motor vehicle at the time the vehicle is manufactured. (21) "Automotive Windshield Washer Fluid (Pre-Mixed)" means any liquid which meets the following criteria: (A) the product is sold in a container with a capacity that is greater than one quart, but less than 55 gallons; and (B) the product is designed for use in a motor vehicle windshield washer fluid system as an anti-freeze or for the purpose of cleaning, washing, bug removal, or wetting the windshield(s). "Automotive Windshield Washer Fluid (Pre-Mixed)" does not include any fluid which is placed in a new motor vehicle at the time the vehicle is manufactured. (22) "Bathroom and Tile Cleaner" means a product designed to clean tile or surfaces in bathrooms. "Bathroom and Tile Cleaner" does not include products designed primarily to clean toilet bowls, toilet tanks, or urinals. (23) "Bug and Tar Remover" means a product labeled to remove either or both of the following from painted motor vehicle surfaces without causing damage to the finish: (A) biological-type residues such as insect carcasses and tree sap and, (B) road grime, such as road tar, roadway paint markings, and asphalt. (24) "California Sales" means the sales (net pounds of product, less packaging and container, per year) in California for either the calendar year immediately prior to the year that the information required by the Executive Officer pursuant to section 94513 (required information) is due or, if that data is not available, any consecutive 12 month period commencing no earlier than 2 years prior to the due date of the required information. If direct sales data for California is not available, sales may be estimated by prorating national or regional sales data by population. (25) "Carburetor or Fuel-Injection Air Intake Cleaners" means a product designed to remove fuel deposits, dirt, or other contaminants from a carburetor, choke, throttle body of a fuel-injection system, or associated linkages. "Carburetor or fuel-injection air intake cleaners" does not include products designed exclusively to be introduced directly into the fuel lines or fuel storage tank prior to introduction into the carburetor or fuel injectors. (26) "Carpet and Upholstery Cleaner" means a cleaning product designed for the purpose of eliminating dirt and stains in rugs, carpeting, and the interior of motor vehicles and/or on household furniture or objects upholstered or covered with fabrics such as wool, cotton, nylon or other synthetic fabrics. "Carpet and Upholstery Cleaner" includes, but is not limited to, products that make fabric protectant claims. "Carpet and Upholstery Cleaner" does not include "General Purpose Cleaners," "Spot Removers," vinyl or leather cleaners, dry cleaning fluids, or products designed exclusively for use at industrial facilities engaged in furniture or carpet manufacturing. (27) "Charcoal Lighter Material" means any combustible material designed to be applied on, incorporated in, added to, or used with charcoal to enhance ignition. "Charcoal Lighter Material" does not include any of the following: (A) electrical starters and probes, (B) metallic cylinders using paper tinder, (C) natural gas, (D) propane, and (E) fat wood. (28) "Colorant" means any pigment or coloring material used in a consumer product for an aesthetic effect, or to dramatize an ingredient. (29) "Construction, Panel, and Floor Covering Adhesive" means any one-component adhesive that is designed exclusively for the installation, remodeling, maintenance, or repair of: (A) structural and building components that include, but are not limited to, beams, trusses, studs, paneling (drywall or drywall laminates, fiberglass reinforced plastic (FRP), plywood, particle board, insulation board, pre-decorated hardboard or tileboard, etc.), ceiling and acoustical tile, molding, fixtures, countertops or countertop laminates, cove or wall bases, and flooring or subflooring; or (B) floor or wall coverings that include, but are not limited to, wood or simulated wood covering, carpet, carpet pad or cushion, vinyl-backed carpet, flexible flooring material, nonresilient flooring material, mirror tiles and other types of tiles, and artificial grass. "Construction, Panel, and Floor Covering Adhesive" does not include "Floor Seam Sealer." (30) "Consumer" means any person who seeks, purchases, or acquires any consumer product for personal, family, household, or institutional use. Persons acquiring a consumer product for resale are not "consumers" for that product. (31) "Consumer Product" means a chemically formulated product used by household and institutional consumers including, but not limited to, detergents; cleaning compounds; polishes; floor finishes; cosmetics; personal care products; home, lawn, and garden products; disinfectants; sanitizers; aerosol paints; and automotive specialty products; but does not include other paint products, furniture coatings, or architectural coatings. As used in this article, the term "consumer product" shall also refer to aerosol adhesives, including aerosol adhesives used for consumer, industrial, and commercial uses. (32) "Contact Adhesive" means an adhesive that: (A) is designed for application to both surfaces to be bonded together, and (B) is allowed to dry before the two surfaces are placed in contact with each other, and (C) forms an immediate bond that is impossible, or difficult, to reposition after both adhesive-coated surfaces are placed in contact with each other, and (D) does not need sustained pressure or clamping of surfaces after the adhesive-coated surfaces have been brought together using sufficient momentary pressure to establish full contact between both surfaces. "Contact Adhesive" does not include rubber cements that are primarily intended for use on paper substrates. "Contact Adhesive" also does not include vulcanizing fluids that are designed and labeled for tire repair only. (33) "Contact Adhesive - General Purpose" means any contact adhesive that is not a "Contact Adhesive - Special Purpose." (34) "Contact Adhesive - Special Purpose" means a contact adhesive that: (A) is used to bond melamine-covered board, unprimed metal, unsupported vinyl, Teflon, ultra-high molecular weight polyethylene, rubber, high pressure laminate or wood veneer 1/16 inch or less in thickness to any porous or nonporous surface, and is sold in units of product, less packaging, that contain more than eight fluid ounces, or (B) is used in automotive applications that are (1.) automotive under-the-hood applications requiring heat, oil or gasoline resistance, or (2.) body-side molding, automotive weatherstrip or decorative trim. (35) "Container/Packaging" means the part or parts of the consumer or institutional product which serve only to contain, enclose, incorporate, deliver, dispense, wrap or store the chemically formulated substance or mixture of substances which is solely responsible for accomplishing the purposes for which the product was designed or intended. "Container/Packaging" includes any article onto or into which the principal display panel and other accompanying literature or graphics are incorporated, etched, printed or attached. (36) "Crawling Bug Insecticide" means any insecticide product that is designed for use against ants, cockroaches, or other household crawling arthropods, including, but not limited to, mites, silverfish or spiders. "Crawling Bug Insecticide" does not include products designed to be used exclusively on humans or animals, or any house dust mite product. For the purposes of this definition only: "House dust mite product" means a product whose label, packaging, or accompanying literature states that the product is suitable for use against house dust mites, but does not indicate that the product is suitable for use against ants, cockroaches, or other household crawling arthropods. "House dust mite" means mites which feed primarily on skin cells shed in the home by humans and pets and which belong to the phylum Arthropoda, the subphylum Chelicerata, the class Arachnida, the subclass Acari, the order Astigmata, and the family Pyroglyphidae. (37) "Deodorant Body Spray" means: (A) for products manufactured before January 1, 2006: a "Personal Fragrance Product" with 20 percent or less fragrance. (B) for products manufactured on or after January 1, 2006: a "Personal Fragrance Product" with 20 percent or less fragrance, that is designed for application all over the human body to provide a scent. A "Deodorant Body Spray" product that indicates or depicts on the container or packaging, or on any sticker or label affixed thereto, that it can be used on or applied to the human axilla, is a "Deodorant" as defined in section 94501(d). (38) "Device" means any instrument or contrivance (other than a firearm) which is designed for trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life (other than man and other than bacteria, virus, or other microorganism on or in living man or other living animals); but not including equipment used for the application of pesticides when sold separately therefrom. (39) "Disinfectant" means any product intended to destroy or irreversibly inactivate infectious or other undesirable bacteria, pathogenic fungi, or viruses on surfaces or inanimate objects and whose label is registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA, 7 U.S.C. 136, et seq.). "Disinfectant" does not include any of the following: (A) products designed solely for use on human or animals, (B) products designed for agricultural use, (C) products designed solely for use in swimming pools, therapeutic tubs, or hot tubs, (D) products which, as indicated on the principal display panel or label, are designed primarily for use as bathroom and tile cleaners, glass cleaners, general purpose cleaners, toilet bowl cleaners, or metal polishes. (40) "Distributor" means any person to whom a consumer product is sold or supplied for the purposes of resale or distribution in commerce, except that manufacturers, retailers, and consumers are not distributors. (41) "Double Phase Aerosol Air Freshener" means an aerosol air freshener with the liquid contents in two or more distinct phases that requires the product container be shaken before use to mix the phases, producing an emulsion. (42) "Dry Cleaning Fluid" means any non-aqueous liquid product designed and labeled exclusively for use on: (1) fabrics which are labeled "for dry clean only," such as clothing or drapery; or (2) "S-coded" fabrics. "Dry Cleaning Fluid" includes, but is not limited to, those products used by commercial dry cleaners and commercial businesses that clean fabrics such as draperies at the customer's residence or work place. "Dry Cleaning Fluid" does not include "Spot Remover" or "Carpet and Upholstery Cleaner." For the purposes of this definition, S-coded fabric means an upholstery fabric designed to be cleaned only with water-free spot cleaning products as specified by the Joint Industry Fabric Standards Committee." (43) "Dual Purpose Air Freshener/Disinfectant" means an aerosol product that is represented on the product container for use as both a disinfectant and an air freshener, or is so represented on any sticker, label, packaging, or literature attached to the product container. (44) "Dusting Aid" means a product designed to assist in removing dust and other soils from floors and other surfaces without leaving a wax or silicone based coating. "Dusting Aid" does not include "Pressurized Gas Duster." (45) "Electrical Cleaner" means a product labeled to remove heavy soils such as grease, grime, or oil from electrical equipment, including, but not limited to, electric motors, armatures, relays, electric panels, or generators. Electrical Cleaner does not include "General Purpose Cleaner," "General Purpose Degreaser," "Dusting Aid," "Electronic Cleaner," "Energized Electrical Cleaner," "Pressurized Gas Duster," "Engine Degreaser," "Anti-Static Product," "or products designed to clean the casings or housings of electrical equipment. (46) "Electronic Cleaner" means a product labeled for the removal of dirt, moisture, dust, flux, or oxides from the internal components of electronic or precision equipment such as circuit boards, and the internal components of electronic devices, including but not limited to, radios, compact disc (CD) players, digital video disc (DVD) players, and computers. Electronic Cleaner does not include "General Purpose Cleaner," "General Purpose Degreaser," "Dusting Aid," "Pressurized Gas Duster," "Engine Degreaser," "Electrical Cleaner," "Energized Electrical Cleaner," "Anti-Static Product," or products designed to clean the casings or housings of electronic equipment. (47) "Energized Electrical Cleaner" means a product that meets both of the following criteria: (1) the product is labeled to clean and/or degrease electrical equipment, where cleaning and/or degreasing is accomplished when electrical current exists, or when there is a residual electrical potential from a component, such as a capacitor; (2) the product label clearly displays the statements: "Energized Equipment use only. Not to be used for motorized vehicle maintenance, or their parts." "Energized Electrical Cleaner" does not include "Electronic Cleaner." (48) "Engine Degreaser" means a cleaning product designed to remove grease, grime, oil and other contaminants from the external surfaces of engines and other mechanical parts. (49) "Executive Officer" means the Executive Officer of the Air Resources Board, or his or her delegate. (50) "Existing Product" means any formulation of the same product category and form sold, supplied, manufactured, or offered for sale in California prior to the following dates, or any subsequently introduced identical formulation: (A) October 21, 1991, for all products listed in section 94509(a) that have initial effective dates of January 1, 1993, or January 1, 1994; (B) January 6, 1993, for all products listed in section 94509(a) that have initial effective dates of January 1, 1995, or January 1, 1997, and charcoal lighter materials subject to section 94509(h); (C) August 16, 1998, for all products listed in section 94509(a) that have initial effective dates of January 1, 2001, January 1, 2002, January 1, 2003, or January 1, 2005; (D) the operative date of the "Mid-term Measures II" amendments (i.e. 30 days after the "Mid-term Measures II" rulemaking action is approved by the Office of Administrative Law), for all products in the following product categories listed in section 94509(a): "Non-aerosol General Purpose Degreaser," "Sealant and Caulking Compound," and "Tire Sealant and Inflator." (51) "Fabric Protectant" means a product designed to be applied to fabric substrates to protect the surface from soiling from dirt and other impurities or to reduce absorption of liquid into the fabric's fibers. "Fabric Protectant" does not include waterproofers, products designed for use solely on leather, or products designed for use solely on fabrics which are labeled "for dry clean only" and sold in containers of 10 fluid ounces or less. (52) "Fabric Refresher" means a product labeled to neutralize or eliminate odors on non-laundered fabric including, but not limited to, soft household surfaces, rugs, carpeting, draperies, bedding, automotive interiors, footwear, athletic equipment, clothing and/or on household furniture or objects upholstered or covered with fabrics such as, but not limited to, wool, cotton, or nylon. "Fabric Refresher" does not include "Anti-static Product," "Carpet and Upholstery Cleaner," soft household surface sanitizers, "Footwear or Leather Care Product," "Spot Remover," or "Disinfectant," or products labeled for application to both fabric and human skin. For the purposes of this definition only, soft household surface sanitizer means a product labeled to neutralize or eliminate odors on surfaces listed above whose label is registered as a sanitizer under the Federal Insecticide, Fungicide, and Rodenticide Act, (FIFRA, 7 U.S.C. 136 et seq.). (53) "Facial Cleaner or Soap" means a cleaner or soap designed primarily to clean the face. "Facial Cleaner or Soap" includes, but is not limited to, facial cleansing creams, semisolids, liquids, lotions, and substrate-impregnated forms. "Facial Cleaner or Soap" does not include prescription drug products, "Antimicrobial Hand or Body Cleaner or Soap," "Astringent/Toner," "General-use Hand or Body Cleaner or Soap," "Medicated Astringent/Medicated Toner," or "Rubbing Alcohol." (54) "Fat Wood" means pieces of wood kindling with high naturally-occurring levels of sap or resin which enhance ignition of the kindling. "Fat wood" does not include any kindling with substances added to enhance flammability, such as wax-covered or wax-impregnated wood-based products. (55) "Flea and Tick Insecticide" means any insecticide product that is designed for use against fleas, ticks, their larvae, or their eggs. "Flea and Tick Insecticide" does not include products that are designed to be used exclusively on humans or animals and their bedding. (56) "Flexible Flooring Material" means asphalt, cork, linoleum, no-wax, rubber, seamless vinyl and vinyl composite flooring. (57) "Floor Coating" means an opaque coating that is labeled and designed for application to flooring, including but not limited to, decks, porches, steps, and other horizontal surfaces which may be subject to foot traffic. (58) "Floor Polish or Wax" means a wax, polish, or any other product designed to polish, protect, or enhance floor surfaces by leaving a protective coating that is designed to be periodically replenished. "Floor Polish or Wax" does not include "spray buff products," products designed solely for the purpose of cleaning floors, floor finish strippers, products designed for unfinished wood floors, and coatings subject to architectural coatings regulations. (59) "Floor Seam Sealer" means any product designed and labeled exclusively for bonding, fusing, or sealing (coating) seams between adjoining rolls of installed flexible sheet flooring. (60) "Floor Wax Stripper" means a product designed to remove natural or synthetic floor polishes or waxes through breakdown of the polish or wax polymers, or by dissolving or emulsifying the polish or wax. "Floor Wax Stripper" does not include aerosol floor wax strippers or products designed to remove floor wax solely through abrasion. (61) "Flying Bug Insecticide" means any insecticide product that is designed for use against flying insects or other flying arthropods, including but not limited to flies, mosquitoes, moths, or gnats. "Flying Bug Insecticide" does not include "wasp and hornet insecticide," products that are designed to be used exclusively on humans or animals, or any moth-proofing product. For the purposes of this definition only, "moth-proofing product" means a product whose label, packaging, or accompanying literature indicates that the product is designed to protect fabrics from damage by moths, but does not indicate that the product is suitable for use against flying insects or other flying arthropods. (62) "Footwear or Leather Care Product" means any product designed or labeled to be applied to footwear or to other leather articles/components, to maintain, enhance, clean, protect, or modify the appearance, durability, fit, or flexibility of the footwear or leather article/component. Footwear includes both leather and non-leather foot apparel. "Footwear or Leather Care Product" does not include "Fabric Protectant," "General Purpose Adhesive," "Contact Adhesive," "Vinyl/Fabric/Leather/Polycarbonate Coating," as defined in section 94521(a), "Rubber and Vinyl Protectant," "Fabric Refresher," products solely for deodorizing, or sealant products with adhesive properties used to create external protective layers greater than 2 millimeters thick. (63) "Fragrance" means a substance or complex mixture of aroma chemicals, natural essential oils, and other functional components with a combined vapor pressure not in excess or 2 mm of Hg at 20 <> C, the sole purpose of which is to impart an odor or scent, or to counteract a malodor. (64) "Furniture Maintenance Product" means a wax, polish, conditioner, or any other product designed for the purpose of polishing, protecting or enhancing finished wood surfaces other than floors. "Furniture Maintenance Product" does not include "Dusting Aids," "Wood Cleaners," and products designed solely for the purpose of cleaning, and products designed to leave a permanent finish such as stains, sanding sealers and lacquers. (65) "Furniture Coating" means any paint designed for application to room furnishings including, but not limited to, cabinets (kitchen, bath and vanity), tables, chairs, beds, and sofas. (66) "Gel" means a colloid in which the disperse phase has combined with the continuous phase to produce a semisolid material, such as jelly. (67) "General Purpose Adhesive" means any non-aerosol adhesive designed for use on a variety of substrates. "General Purpose Adhesive" does not include (A) contact adhesives, (B) construction, panel, and floor covering adhesives, (C) adhesives designed exclusively for application on one specific category of substrates (i.e., substrates that are composed of similar materials, such as different types of metals, paper products, ceramics, plastics, rubbers, or vinyls), or (D) adhesives designed exclusively for use on one specific category of articles (i.e., articles that may be composed of different materials but perform a specific function, such as gaskets, automotive trim, weather-stripping, or carpets. (68) "General Purpose Cleaner" means a product designed for general all-purpose cleaning, in contrast to cleaning products designed to clean specific substrates in certain situations. "General Purpose Cleaner" includes products designed for general floor cleaning, kitchen or countertop cleaning, and cleaners designed to be used on a variety of hard surfaces. (69) "General Purpose Degreaser" means any product labeled to remove or dissolve grease, grime, oil and other oil-based contaminants from a variety of substrates, including automotive or miscellaneous metallic parts. "General Purpose Degreaser" does not include "Engine Degreaser," "General Purpose Cleaner," "Adhesiver Remover," "Electronic Cleaner," "Electrical Cleaner," "Energized Electrical Cleaner," "Metal Polish/Cleanser," products used exclusively in "solvent cleaning tanks or related equipment", or products that are (A) sold exclusively to establishments which manufacture or construct goods or commodities; and (B) labeled "not for retail sale." "Solvent cleaning tanks or related equipment" includes, but is not limited to, cold cleaners, vapor degreasers, conveyorized degreasers, film cleaning machines, or products designed to clean miscellaneous metallic parts by immersion in a container. (70) "General-use Hand or Body Cleaner or Soap" means a cleaner or soap designed to be used routinely on the skin to clean or remove typical or common dirt and soils. "General-use Hand or Body Cleaner or Soap" includes, but is not limited to, hand or body washes, dual-purpose shampoo-body cleaners, shower or bath gels, and moisturizing cleaners or soaps. "General-use Hand or Body Cleaner or Soap" does not include prescription drug products, "Antimicrobial Hand or Body Cleaner or Soap," "Astringent/Toner," "Facial Cleaner or Soap," "Hand Dishwashing Detergent" (including antimicrobial), "Heavy-duty Hand Cleaner or Soap," "Medicated Astringent/Medicated Toner," or "Rubbing Alcohol." (71) "Glass Cleaner" means a cleaning product designed primarily for cleaning surfaces made of glass. Glass cleaner does not include products designed solely for the purpose of cleaning optical materials used in eyeglasses, photographic equipment, scientific equipment and photocopying machines. (72) "Graffiti Remover" means a product labeled to remove spray paint, ink, marker, crayon, lipstick, nail polish, or shoe polish, from a variety of non-cloth or non-fabric substrates. "Graffiti Remover" does not include "Paint Remover or Stripper," "Nail Polish Remover," or "Spot Remover." Products labeled for dual use as both a paint stripper and graffiti remover are considered "Graffiti Removers." (73) "Hair Mousse" means a hairstyling foam designed to facilitate styling of a coiffure and provide limited holding power. (74) "Hair Shine" means any product designed for the primary purpose of creating a shine when applied to the hair. "Hair Shine" includes, but is not limited to, dual-use products designed primarily to impart a sheen to the hair. "Hair Shine" does not include "Hair Spray," "Hair Mousse," "Hair Styling Product," "Hair Styling Gel", or products whose primary purpose is to condition or hold the hair. (75) "Hair Styling Gel" means a consumer product manufactured before December 31, 2006, that is high viscosity, often gelatinous, product that contains a resin and is designed for the application to hair to aid in styling and sculpting of the hair coiffure. (76) "Hair Spray" means: (A) for products manufactured before December 31, 2006: a consumer product designed primarily for the purpose of dispensing droplets of a resin on and into a hair coiffure which will impart sufficient rigidity to the coiffure to establish or retain the style for a period of time, and (B) for products manufactured on or after December 31, 2006: a consumer product that is applied to styled hair, and is designed or labeled to provide sufficient rigidity, to hold, retain and/or (finish) the style of the hair for a period of time. "Hair Spray" includes aerosol hair sprays, pump hair sprays, spray waxes; color, glitter, or sparkle hairsprays that make finishing claims; and products that are both a styling and finishing product. "Hair Spray" does not include spray products that are intended to aid in styling but does not provide finishing of a hairstyle. For the purposes of this subchapter, "finish" or "finishing" means the maintaining and/or holding of previously styled hair for a period of time. For the purposes of this subchapter, "styling" means the forming, sculpting, or manipulating the hair to temporarily alter the hair's shape. (77) "Hair Styling Product" means a consumer product manufactured on or after December 31, 2006, that is designed or labeled for the application to wet, damp or dry hair to aid in defining, shaping, lifting, styling and/or sculpting of the hair. "Hair Styling Product" includes, but is not limited to hair balm, clay, cream, creme, curl straightener, gel, liquid, lotion, paste, pomade, putty, root lifter, serum, spray gel, stick, temporary hair straightener, wax, spray products that aid in styling but do not provide finishing of a hairstyle, and leave-in volumizers, detanglers and/or conditioners that make styling claims. "Hair Styling Product" does not include "Hair Mousse," "Hair Shine," "Hair Spray," or shampoos and/or conditioners that are rinsed from the hair prior to styling. For the purposes of this subchapter, "finish" or "finishing" means the maintaining and/or holding of previously styled hair for a period of time. For the purposes of this subchapter, "styling" means the forming, sculpting, or manipulating the hair to temporarily alter the hair's shape. (78) "Heavy-Duty Hand Cleaner or Soap" means a product designed to clean or remove difficult dirt and soils such as oil, grease, grime, tar, shellac, printer's ink, paint, graphite, cement, carbon, asphalt, or adhesives from the hand with or without the use of water. "Heavy-duty Hand Cleaner or Soap" does not include prescription drug products, "Antimicrobial Hand or Body Cleaner or Soap," "Astringent/Toner," "Facial Cleaner or Soap," "General-use Hand or Body Cleaner or Soap," "Medicated Astringent/Medicated Toner" or "Rubbing Alcohol." (79) "Herbicide" means a pesticide product designed to kill or retard a plant's growth, but excludes products that are: (A) for agricultural use, or (B) restricted materials that require a permit for use and possession. (80) "Household Product" means any consumer product that is primarily designed to be used inside or outside of living quarters or residences that are occupied or intended for occupation by individuals, including the immediate surroundings. (81) "Insect Repellent" means a pesticide product that is designed to be applied on human skin, hair or attire worn on humans in order to prevent contact with or repel biting insects or arthropods. (82) "Insecticide" means a pesticide product that is designed for use against insects or other arthropods, but excluding products that are: (A) for agricultural use, or (B) for a use which requires a structural pest control license under Chapter 14 (commencing with Section 8500) of the Business and Professions Code, or (C) restricted materials that require a permit for use and possession. (83) "Insecticide Fogger" means any insecticide product designed to release all or most of its content, as a fog or mist, into indoor areas during a single application. (84) "Institutional Product" or "Industrial and Institutional (I&I) Product" means a consumer product that is designed for use in the maintenance or operation of an establishment that: (A) manufactures, transports, or sells goods or commodities, or provides services for profit; or (B) is engaged in the nonprofit promotion of a particular public, educational, or charitable cause. "Establishments" include, but are not limited to, government agencies, factories, schools, hospitals, sanitariums, prisons, restaurants, hotels, stores, automobile service and parts centers, health clubs, theatres, or transportation companies. "Institutional Product" does not include household products and products that are incorporated into or used exclusively in the manufacture or construction of the goods or commodities at the site of the establishment. (85) "Label" means any written, printed, or graphic matter affixed to, applied to, attached to, blown into, formed, molded into, embossed on, or appearing upon any consumer product or consumer product package, for purposes of branding, identifying, or giving information with respect to the product or to the contents of the package. (86) "Laundry Prewash" means a product that is designed for application to a fabric prior to laundering and that supplements and contributes to the effectiveness of laundry detergents and/or provides specialized performance. (87) "Laundry Starch Product" means a product that is designed for application to a fabric, either during or after laundering, to impart and prolong a crisp, fresh look and may also act to help ease ironing of the fabric. "Laundry Starch Product" includes, but is not limited to, fabric finish, sizing, and starch. (88) "Lawn and Garden Insecticide" means an insecticide product labeled designed primarily to be used in household lawn and garden areas to protect plants from insects or other arthropods. Notwithstanding the requirements of section 94512(a) aerosol "Lawn and Garden Insecticides" may claim to kill insects or other arthropods. (89) "Liquid" means a substance or mixture of substances which is capable of a visually detectable flow as determined under ASTM D-4359-90. "Liquid" does not include powders or other materials that are composed entirely of solid particles. (90) "Lubricant" means a product designed to reduce friction, heat, noise, or wear between moving parts, or to loosen rusted or immovable parts or mechanisms. "Lubricant" does not include automotive power steering fluids; products for use inside power generating motors, engines, and turbines, and their associated power-transfer gearboxes; two cycle oils or other products designed to be added to fuels; products for use on the human body or animals or products that are (1) sold exclusively to establishments which manufacture or construct goods or commodities, and (2) labeled "not for retail sale." (91) "LVP-VOC" means a chemical "compound" or "mixture" that contains at least one carbon atom and meets one of the following: (A) has a vapor pressure less than 0.1 mm Hg at 20 <> C, as determined by ARB Method 310; or (B) is a chemical "compound" with more than 12 carbon atoms, or a chemical "mixture" comprised solely of "compounds" with more than 12 carbon atoms, as verified by formulation data, and the vapor pressure and boiling point are unknown; or (C) is a chemical "compound" with a boiling point greater than 216 <> C, as determined by ARB Method 310; or (D) is the weight percent of a chemical "mixture" that boils above 216 << degress>> C, as determined by ARB Method 310. For the purposes of the definition of LVP-VOC, chemical "compound" means a molecule of definite chemical formula and isomeric structure, and chemical "mixture" means a substance comprised of two or more chemical "compounds." (92) "Manufacturer" means any person who imports, manufactures, assembles, produces, packages, repackages, or relabels a consumer product. (93) "Medicated Astringent/Medicated Toner" means any product regulated as a drug by the Food and Drug Administration (FDA) which is applied to the skin for the purpose of cleaning or tightening pores. "Medicated Astringent/Medicated Toner" includes, but is not limited to, clarifiers and substrate-impregnated products. "Medicated Astringent/Medicated Toner" does not include hand, face, or body cleaner or soap products, "Personal Fragrance Products," "Astringent/Toner," cold cream, lotion, antiperspirants, or products that must be purchased with a doctor's prescription. (94) "Metal Polish/Cleanser" means any product designed primarily to improve the appearance of finished metal, metallic, or metallized surfaces by physical or chemical action. To "improve the appearance" means to remove or reduce stains, impurities, or oxidation from surfaces or to make surfaces smooth and shiny. "Metal Polish/Cleanser" includes, but is not limited to, metal polishes used on brass, silver, chrome, copper, stainless steel and other ornamental metals. "Metal Polish/Cleanser" does not include "Automotive Wax, Polish, Sealant or Glaze," wheel cleaner, "Paint Remover or Stripper," products designed and labeled exclusively for automotive and marine detailing, or products designed for use in degreasing tanks. (95) "Mist spray adhesive" means any aerosol adhesive which is not a special purpose spray adhesive and which delivers a particle or mist spray, resulting in the formation of fine, discrete particles that yield a generally uniform and smooth application of adhesive to the substrate. (96) "Multi-purpose Dry Lubricant" means any lubricant which is: (A) designed and labeled to provide lubricity by depositing a thin film of graphite, molybdenum disulfide ( "moly"), or polytetrafluoroethylene or closely related fluoropolymer ( "teflon") on surfaces, and (B) designed for general purpose lubrication, or for use in a wide variety of applications. (97) "Multi-purpose Lubricant" means any lubricant designed for general purpose lubrication, or for use in a wide variety of applications. "Multi-purpose Lubricant" does not include "Multi-purpose Dry Lubricants," "Penetrants," or "Silicone-based Multi-purpose Lubricants." (98) "Multi-purpose Solvent" means any organic liquid designed to be used for a variety of purposes, including cleaning or degreasing of a variety of substrates, or thinning, dispersing or dissolving other organic materials. "Multi-purpose Solvent" includes solvents used in institutional facilities, except for laboratory reagents used in analytical, educational, research, scientific or other laboratories. "Multi-purpose Solvent" does not include solvents used in cold cleaners, vapor degreasers, conveyorized degreasers or film cleaning machines, or solvents that are incorporated into, or used exclusively in the manufacture or construction of, the goods or commodities at the site of the establishment. (99) "Nail Polish" means any clear or colored coating designed for application to the fingernails or toenails and including but not limited to, lacquers, enamels, acrylics, base coats and top coats. (100) "Nail Polish Remover" means a product designed to remove nail polish and coatings from fingernails or toenails. (101) "Non-Carbon Containing Compound" means any compound which does not contain any carbon atoms. (102) "Nonresilient Flooring" means flooring of a mineral content which is not flexible. "Nonresilient Flooring" includes terrazzo, marble, slate, granite, brick, stone, ceramic tile and concrete. (103) "Non-Selective Terrestrial Herbicide" means a terrestrial herbicide product that is toxic to plants without regard to species. (104) "Oven Cleaner" means any cleaning product designed to clean and to remove dried food deposits from oven walls. (105) "Paint" means any pigmented liquid, liquefiable, or mastic composition designed for application to a substrate in a thin layer which is converted to an opaque solid film after application and is used for protection, decoration or identification, or to serve some functional purpose such as the filling or concealing of surface irregularities or the modification of light and heat radiation characteristics. (106) "Paint Remover or Stripper" means any product designed to strip or remove paints or other related coatings, by chemical action, from a substrate without markedly affecting the substrate. "Paint Remover or Stripper" does not include "Multi-purpose Solvents", paint brush cleaners, products designed and labeled exclusively as "Graffiti Removers," and hand cleaner products that claim to remove paints and other related coatings from skin. (107) "Paint Thinner" means any volatile liquid used for reducing the viscosity of coating compositions or components. (108) "Penetrant" means a lubricant designed and labeled primarily to loosen metal parts that have bonded together due to rusting, oxidation, or other causes. "Penetrant" does not include "Multi-purpose Lubricants" that claim to have penetrating qualities, but are not labeled primarily to loosen bonded parts. (109) "Person" shall have the same meaning as defined in Health and Safety Code Section 39047. (110) "Personal Fragrance Product" means any product which is applied to the human body or clothing for the primary purpose of adding a scent or masking a malodor, including cologne, perfume, aftershave, and toilet water. "Personal Fragrance Product" does not include: (A) Deodorant, as defined in section 94501(d), (B) medicated products designed primarily to alleviate fungal or bacterial growth on feet or other areas of the body; (C) mouthwashes, breath fresheners and deodorizers; (D) lotions, moisturizers, powders or other skin care products used primarily to alleviate skin conditions such as dryness and irritations; (E) products designed exclusively for use on human genitalia; (F) soaps, shampoos, and products primarily used to clean the human body; and (G) fragrance products designed to be used exclusively on non-human animals. (111) "Pesticide" means and includes any substance or mixture of substances labeled, designed, or intended for use in preventing, destroying, repelling, or mitigating any pest, or any substance or mixture of substances labeled, designed, or intended for use as a defoliant, desiccant, or plant regulator, provided that the term "pesticide" will not include any substance, mixture of substances or device which the United States Environmental Protection Agency does not consider to be a pesticide. (112) "Pressurized Gas Duster" means a pressurized product labeled to remove dust from a surface solely by means of mass air or gas flow, including surfaces such as photographs, photographic film negatives, computer keyboards, and other types of surfaces that cannot be cleaned with solvents. "Pressurized Gas Duster" does not include "Dusting Aid." (113) "Principal Display Panel or Panels" means that part, or those parts of a label that are so designed as to most likely be displayed, presented, shown or examined under normal and customary conditions of display or purchase. Whenever a principal display panel appears more than once, all requirements pertaining to the "principal display panel" shall pertain to all such "principal display panels." (114) "Product Brand Name" means the name of the product exactly as it appears on the principal display panel of the product. (115) "Product Category" means the applicable category which best describes the product as listed in this Section 94508. (116) "Product Form," for the purpose of complying with Section 94513 only, means the applicable form which most accurately describes the product's dispensing form as follows: A = Aerosol Product S = Solid P = Pump Spray L = Liquid SS = Semisolid O = Other (117) "Propellant" means a liquefied or compressed gas that is used in whole or in part, such as a cosolvent, to expel a liquid or any other material from the same self-pressurized container or from a separate container. (118) "Pump Spray" means a packaging system in which the product ingredients within the container are not under pressure and in which the product is expelled only while a pumping action is applied to a button, trigger or other actuator. (119) "Responsible Party" means the company, firm or establishment which is listed on the products label. If the label lists two companies, firms or establishments, the responsible party is the party which the product was "manufactured for" or "distributed by," as noted on the label. (120) "Restricted Materials" means pesticides established as restricted materials under Title 3, California Code of Regulations, section 6400. (121) "Retailer" means any person who sells, supplies, or offers consumer products for sale directly to consumers. (122) "Retail Outlet" means any establishment at which consumer products are sold, supplied, or offered for sale directly to consumers. (123) "Rubber and Vinyl Protectant" means any product designed to protect, preserve or renew vinyl, rubber, and plastic on vehicles, tires, luggage, furniture, and household products such as vinyl covers, clothing, and accessories. "Rubber and Vinyl Protectant" does not include products primarily designed to clean the wheel rim, such as aluminum or magnesium wheel cleaners, and tire cleaners that do not leave an appearance-enhancing or protective substance on the tire. (124) "Rubbing Alcohol" means any product containing isopropyl alcohol (also called isopropanol) or denatured ethanol and labeled for topical use, usually to decrease germs in minor cuts and scrapes, to relieve minor muscle aches, as a rubefacient, and for massage. (125) "Sealant and Caulking Compound" means any product with adhesive properties that is designed to fill, seal, waterproof, or weatherproof gaps or joints between two surfaces. "Sealant and Caulking Compound" does not include roof cements and roof sealants; insulating foams; removable caulking compounds; clear/paintable/water resistant caulking compounds; floor seam sealers; products designed exclusively for automotive uses; or sealers that are applied as continuous coatings. "Sealant and Caulking Compound" also does not include units of product, less packaging, which weigh more than one pound and consist of more than 16 fluid ounces. For the purposes of this definition only, "removable caulking compounds" means a compound which temporarily seals windows or doors for three to six month time intervals, and "clear/paintable/water resistant caulking compounds" means a compound which contains no appreciable level of opaque fillers or pigments; transmits most of all visible light through the caulk when cured; is paintable; and is immediately resistant to precipitation upon application. (126) "Semisolid" means a product that, at room temperature, will not pour, but will spread or deform easily, including but not limited to gels, pastes, and greases. (127) "Shaving Cream" means an aerosol product which dispenses a foam lather intended to be used with a blade or cartridge razor, or other wet-shaving system, in the removal of facial or other bodily hair. "Shaving Cream" does not include "Shaving Gel." (128) "Shaving Gel" means an aerosol product which dispenses a post-foaming semi-solid designed to be used with a blade, cartridge razor, or other shaving system in the removal of facial or other bodily hair. "Shaving Gel" does not include "Shaving Cream." (129) "Silicone-based Multi-purpose Lubricant" means any lubricant which is: (A) designed and labeled to provide lubricity primarily through the use of silicone compounds including, but not limited to, polydimethylsiloxane, and (B) designed and labeled for general purpose lubrication, or for use in a wide variety of applications. "Silicone-based Multi-purpose Lubricant" does not include products designed and labeled exclusively to release manufactured products from molds. (130) "Single Phase Aerosol Air Freshener" means an aerosol air freshener with the liquid contents in a single homogeneous phase and which does not require that the product container be shaken before use. (131) "Solid" means a substance or mixture of substances which, either whole or subdivided (such as the particles comprising a powder), is not capable of visually detectable flow as determined under ASTM D-4359-90. (132) Special purpose spray adhesive" means an aerosol adhesive that meets any of the following definitions: (A) "Mounting adhesive" means an aerosol adhesive designed to permanently mount photographs, artwork, and any other drawn or printed media to a backing (paper, board, cloth, etc.) without causing discoloration to the artwork. (B) "Flexible vinyl adhesive" means an aerosol adhesive designed to bond flexible vinyl to substrates. Flexible vinyl means a nonrigid polyvinyl chloride plastic with at least five percent, by weight, of plasticizer content. A plasticizer is a material, such as a high boiling point organic solvent, that is incorporated into a vinyl to increase its flexibility, workability, or distensibility, and may be determined using ASTM Method E260-91 or from product formulation data. (C) "Polystyrene Foam Adhesive" means an aerosol adhesive designed to bond polystyrene foam (e.g. Styrofoam R, expanded polystyrene foam, etc.) to substrates. (D) "Automobile Headliner Adhesive" means an aerosol adhesive designed to bond together layers in motor vehicle headliners. (E) "Polyolefin Adhesive" means an aerosol adhesive designed to bond polyolefins (e.g. polyethylene, polypropylene, etc.) to substrates. (F) "Laminate Repair/Edgebanding Adhesive" means an aerosol adhesive designed for: (1) the touch-up or repair of items laminated with high pressure laminates (e.g. lifted edges, delaminations, etc.), or for (2) the touch-up, repair, or attachment of edgebanding materials, including, but not limited to, other laminates, synthetic marble, veneers, wood moulding, and decorative metals. For the purposes of this definition "high pressure laminate" means sheet materials which consist of paper, fabric, or other core material that have been laminated at temperatures exceeding 265 degrees F, and at pressures between 1,000 and 1,400 psi. (G) "Automotive Engine Compartment Adhesive" means an aerosol adhesive designed for use in motor vehicle under-the-hood applications which require oil and plasticizer resistance, as well as high shear strength, at temperatures of 200-275 <> F. (133) "Spot Remover" means any product labeled to clean localized areas, or remove localized spots or stains on cloth or fabric such as drapes, carpets, upholstery, and clothing, that does not require subsequent laundering to achieve stain removal. "Spot Remover" does not include "Dry Cleaning Fluid," "Laundry Prewash," or "Multi-purpose Solvent." (134) "Spray Buff Product" means a product designed to restore a worn floor finish in conjunction with a floor buffing machine and special pad. (135) "Table B Compound" means any carbon-containing compound listed as an exception to the definition of VOC in Section 94508. (136) "Terrestrial" means to live on or grow from land. (137) "Tire Sealant and Inflator" means any pressurized product that is designed to temporarily inflate and seal a leaking tire. (138) "Toilet/Urinal Care Product" means any product designed or labeled to clean and/or to deodorize toilet bowls, toilet tanks, or urinals. Toilet bowls, toilet tanks, or urinals includes, but is not limited to, toilets or urinals connected to permanent plumbing in buildings and other structures, portable toilets or urinals placed at temporary or remote locations, and toilet or urinals in vehicles such as buses, recreational motor homes, boats, ships, and aircraft. "Toilet/Urinal Care Product" does not include "Bathroom and Tile Cleaner" or "General Purpose Cleaner." (139) "Type A Propellent" means a compressed gas such as CO 2, N 2, N 2 O, or compressed air which is used as a propellent, and is either incorporated with the product or contained in a separate chamber within the product's packaging. (140) "Type B Propellent" means any halocarbon which is used as a propellent including chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs), and hydrofluorocarbons (HFCs). (141) "Type C Propellent" means any propellent which is not a Type A or Type B propellent, including propane, isobutane, n-butane, and dimethyl ether (also known as dimethyl oxide). (142) "Undercoating" means any aerosol product designed to impart a protective, non-paint layer to the undercarriage, trunk interior, and/or firewall of motor vehicles to prevent the formation of rust or to deaden sound. "Undercoating" includes, but is not limited to, rubberized, mastic, or asphaltic products. (143) "Usage Directions" means the text or graphics on the product's principal display panel, label, or accompanying literature which describes to the end user how and in what quantity the product is to be used. (144) "Volatile Organic Compound (VOC)" means any compound containing at least one atom of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, and excluding the following: (A) methane, methylene chloride (dichloromethane), 1,1,1-trichloroethane (methyl chloroform), trichlorofluoromethane (CFC-11), dichlorodifluoromethane (CFC-12), 1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113), 1,2-dichloro-1,1,2,2-tetrafluoroethane (CFC-114), chloropentafluoroethane (CFC-115), chlorodifluoromethane (HCFC-22), 1,1,1-trifluoro-2,2-dichloroethane (HCFC-123), 1,1-dichloro-1-fluoroethane (HCFC-141b), 1-chloro-1,1-difluoroethane (HCFC-142b), 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124), trifluoromethane (HFC-23), 1,1,2,2-tetrafluoroethane (HFC-134), 1,1,1,2-tetrafluoroethane (HFC-134a), pentafluoroethane (HFC-125), 1,1,1-trifluoroethane (HFC-143a), 1,1-difluoroethane (HFC-152a), cyclic, branched, or linear completely methylated siloxanes, the following classes of perfluorocarbons: 1. cyclic, branched, or linear, completely fluorinated alkanes; 2. cyclic, branched, or linear, completely fluorinated ethers with no unsaturations; 3. cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and 4. sulfur-containing perfluorocarbons with no unsaturations and with the sulfur bonds to carbon and fluorine, and (B) the following low-reactive organic compounds which have been exempted by the U.S. EPA: acetone, ethane, methyl acetate parachlorobenzotrifluoride (1-chloro-4-trifluoromethyl benzene), perchlorethylene (tetrachlorethylene). (145) "VOC Content" means the total weight of VOC in a product expressed as a percentage of the product weight (exclusive of the container or packaging), as determined pursuant to sections 94515(a) and (b). (146) "Wasp and Hornet Insecticide" means any insecticide product that is designed for use against wasps, hornets, yellow jackets or bees by allowing the user to spray from a distance a directed stream or burst at the intended insects, or their hiding place. (147) "Waterproofer" means a product designed and labeled exclusively to repel water from fabric or leather substrates. "Waterproofer" does not include "Fabric Protectants." (148) "Wax" means a material or synthetic thermoplastic substance generally of high molecular weight hydrocarbons or high molecular weight esters of fatty acids or alcohols, except glycerol and high polymers (plastics). "Wax" includes, but is not limited to, substances derived from the secretions of plants and animals such as carnuba wax and beeswax, substances of a mineral origin such as ozocerite and paraffin, and synthetic polymers such as polyethylene. (149) "Web spray adhesive" means any aerosol adhesive which is not a mist spray or special purpose spray adhesive. (150) "Wood Cleaner" means a product labeled to clean wooden materials including but not limited to decking, fences, flooring, logs, cabinetry, and furniture. "Wood Cleaner" does not include "Dusting Aid," General Purpose Cleaner," "Furniture Maintenance Product," "Floor Wax Stripper," "Floor Polish or Wax," or products designed and labeled exclusively to preserve or color wood. (151) "Wood Floor Wax" means wax-based products for use solely on wood floors. Note: Authority cited: Sections 39600, 39601 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code. s 94509. Standards for Consumer Products. (a) Except as provided in Sections 94510 (Exemptions), 94511 (Innovative Products), 94514 (Variances), 94540 through 94555 (Alternative Control Plan), and 94567(a)(1) (Hairspray Credit Program), Title 17, California Code of Regulations, no person shall sell, supply, offer for sale, or manufacture for sale in California any consumer product which, at the time of sale or manufacture, contains volatile organic compounds in excess of the limits specified in the following Table of Standards after the specified effective dates. Table of Standards Percent Volatile Organic Compounds by Weight Product Category Effective Date VOC [FN1] Standard [FN2] Adhesive Removers*: Floor or Wall Covering Adhesive Remover 12/31/2006 5 Gasket or Thread Locking Adhesive Remover 12/31/2006 50 General Purpose Adhesive Remover 12/31/2006 20 Specialty Adhesive Remover 12/31/2006 70 [See section 94509(n) for additional requirements that apply to adhesive removers.] _____________________________________________________________________ Adhesives [FNa1]: aerosol 1/1/95 75 mist spray adhesives 1/1/2002 65 web spray adhesives 1/1/2002 55 special purpose spray adhesives mounting, automotive engine compartment, and flexible vinyl adhesives 1/1/2002 70 polystyrene foam and automobile headliner 1/1/2002 65 adhesives polyolefin and laminate repair/edgebanding 1/1/2002 60 adhesives [See 94509(i), 94512(d), and 94513(d) for additional requirements that apply to aerosol adhesives.] ............................................................................... construction, panel, and floor covering [FNa3] 1/1/95 40 12/31/2002 15 ............................................................................... contact 1/1/95 80 contact adhesive - general purpose 12/31/2006 55 contact adhesive - special purpose 12/31/2006 80 [See section 94509(m) for additional requirements that apply to contact adhesives.] ............................................................................... general purpose 1/1/95 10 _______________________________________________________________________________ [FNa1] See section 94510(i) for an exemption that applies to adhesives sold FN in containers of one fluid ounce or less. [FNa3] See section 94509(k) for the effective date of the VOC limit for FN certain types of "construction, panel, and floor covering adhesives." _______________________________________________________________________________ Aerosol Cooking Sprays 1/1/95 18 _______________________________________________________________________________ Air Fresheners [FNa1]: double phase aerosols 1/1/93 30 12/31/2004 25 ............................................................................... single phase aerosols 1/1/93 70 1/1/96 30 ............................................................................... dual purpose air fresheners/disinfectant aerosols 1/1/94 60 ............................................................................... liquid/pump sprays 1/1/93 18 ............................................................................... solids/semi-solid 1/1/93 3 ............................................................................... [FNa1] See sections 94510(f) and 94510(g)(2) for exemptions that o FN apply to certain air fresheners, and 94509(o) for additional requirements that apply to air fresheners. _______________________________________________________________________________ Anti-static Product: Aerosol 12/31/2008 80 non-aerosol 12/31/2006 11 _____________________________________________________________________ Automotive Brake Cleaners 1/1/97 50 12/31/2002 45 _______________________________________________________________________________ Automotive Rubbing or Polishing Compounds 1/1/2005 17 _______________________________________________________________________________ Automotive Wax/Polish/Sealant/Glaze: all other forms 1/1/2005 15 ............................................................................... hard paste waxes 1/1/2005 45 ............................................................................... instant detailers 1/1/2001 3 _______________________________________________________________________________ Automotive Windshield Washer Fluids: Type "A" areas [FNa1] 1/1/93 35 ............................................................................... All other areas (all forms) 1/1/93 10 Dilutable and Pre-Mixed [FN1] 12/31/2002 1 [FNa1] See section 94508(a)(20), section 94508(a)(21), and section 94509(l) for provisions that apply to Automotive Windshield Washer Fluids. ............................................................................... [FNa] Type "A" areas include only the following: Del Norte, Shasta and FNTrinity Counties; the Great Basin Valley, Lake Tahoe, Mountain FNCounties, and Northeast Plateau Air Basins, as defined in Title 17, FNCalifornia Code of Regulations, Sections 60105, 60108, 60111, and FN60113. _______________________________________________________________________________ Bathroom and Tile Cleaners: aerosols 1/1/94 7 ............................................................................... all other forms 1/1/94 5 _______________________________________________________________________________ Bug and Tar Remover 1/1/2002 40 _______________________________________________________________________________ Carburetor or Fuel-injection Air Intake Cleaners 1/1/95 75 [FNa2] .................................................. 12/31/2002 45 [FNa]2 See section 94509(k) for the effective date of the VOC limit for FN fuel-injection air intake cleaners. _______________________________________________________________________________ Carpet and Upholstery Cleaner: aerosols 1/1/2001 7 ............................................................................... non-aerosols (dilutables) 1/1/2001 .1 ............................................................................... non-aerosols (ready-to-use) 1/1/2001 3 _______________________________________________________________________________ Charcoal Lighter Material See 94509(h) _______________________________________________________________________________ Dusting Aids: aerosol 1/1/95 35 1/1/97 25 ............................................................................... all other forms 1/1/95 7 _______________________________________________________________________________ Electrical Cleaner* 12/31/2006 45 [*See section 94509(n) for additional requirements that apply to electrical cleaners.] _____________________________________________________________________ Electronic Cleaner* 12/31/2006 75 [*See section 94509(m) for additional requirements that apply to electronic cleaners.] _____________________________________________________________________ Engine Degreasers : 1/1/93 75 1/1/96 50 ............................................................................... aerosols 12/31/2004 35 ............................................................................... non-aerosols 12/31/2004 5 _______________________________________________________________________________ Fabric-Refresher: Aerosol 12/31/2006 15 ..................................................................... non-aerosol 12/31/2006 6 _____________________________________________________________________ Fabric Protectants 1/1/95 75 1/1/97 60 _______________________________________________________________________________ Floor Polishes/Waxes: products for flexible flooring materials 1/1/94 7 ............................................................................... products for nonresilient flooring 1/1/94 10 ............................................................................... wood floor wax 1/1/94 90 _______________________________________________________________________________ Floor Wax Stripper: See Section non-aerosols 94509(j) _______________________________________________________________________________ Footware or Leather Care Product*: Aerosol 12/31/2006 75 ..................................................................... solid 12/31/2006 55 ..................................................................... all other forms 12/31/2006 15 [*See section 94509(m) for additional requirements that apply to footware or leather care products.] _____________________________________________________________________ Furniture Maintenance Products: aerosols 1/1/94 25 12/31/2004 17 ............................................................................... all other forms (except solid/paste forms) 1/1/94 7 _______________________________________________________________________________ Furniture Maintenance Products: aerosols 1/1/94 25 12/31/2004 17 ............................................................................... all other forms (except solid/paste forms) 1/1/94 7 _______________________________________________________________________________ General Purpose Cleaners 1/1/94 10 aerosols and non-aerosols: ............................................................................... non-aerosols 12/31/2004 4 _______________________________________________________________________________ General Purpose Degreasers: aerosols 1/1/2002 50 ............................................................................... non-aerosols 12/31/2004 4 [*See section 94509(m) for additional requirements that apply to general purpose degreasers.] _______________________________________________________________________________ Glass Cleaners: aerosols 1/1/93 12 ............................................................................... non-aerosols 1/1/93 8 1/1/96 6 12/31/2004 4 _______________________________________________________________________________ Graffiti Remover*: Aerosols 12/31/2006 50 ..................................................................... non-aerosols 12/31/2006 30 [*See section 94509(n) for additional requirements that apply to graffiti removers.] _____________________________________________________________________ Hair Mousses 1/1/94 16 12/31/2002 6 _______________________________________________________________________________ Hair Shine 1/1/2005 55 _______________________________________________________________________________ Hair Spray 1/1/93 80 6/1/99 55 _____________________________________________________________________ Hair Styling Gels 1/1/94 6 _______________________________________________________________________________ Hair Styling Product aerosols and pump sprays 12/31/2006 6 ..................................................................... all other forms 12/31/2006 2 _____________________________________________________________________ Heavy-duty Hand Cleaners or Soap 1/1/2005 8 _______________________________________________________________________________ Insect Repellants: aerosols 1/1/94 65 _______________________________________________________________________________ Insecticides [FNa1]: crawling bug (all forms): 1/1/95 40 1/1/98 20 aerosol crawling bug insecticides 12/31/2004 15 ............................................................................... flea and tick 1/1/95 25 ............................................................................... flying bug (all forms): 1/1/95 35 aerosols 12/31/2003 25 ............................................................................... foggers 1/1/95 45 ............................................................................... lawn and garden (all forms) 1/1/95 20 non-aerosol lawn and garden insecticides 12/31/2003 3 ............................................................................... wasp and hornet 1/1/2005 40 FN*a1 See sections 94510(g) and 94510(k) for exemptions that apply to FN certain insecticides. _______________________________________________________________________________ Laundry Prewash: aerosols/solids 1/1/94 22 ............................................................................... all other forms 1/1/94 5 _______________________________________________________________________________ Laundry Starch Products 1/1/95 5 _______________________________________________________________________________ Metal Polish/Cleanser 1/1/2005 30 _______________________________________________________________________________ Multi-purpose Lubricant: (excluding solid or semisolid products) 1/1/2003 50 _______________________________________________________________________________ Nail Polish Removers 1/1/94 85 1/1/96 75 12/31/2004 0 _______________________________________________________________________________ Non-selective Terrestrial Herbicide: non-aerosols 1/1/2002 3 _______________________________________________________________________________ Oven Cleaners: aerosols/pump sprays 1/1/93 8 ............................................................................... liquids 1/1/93 5 _______________________________________________________________________________ Paint Remover or Stripper 1/1/2005 50 _______________________________________________________________________________ Penetrant 1/1/2003 50 _______________________________________________________________________________ Personal Fragrance Products [FNa1]: products with 20% or less fragrance 1/1/95 80 1/1/99 75 ............................................................................... products with more than 20% fragrance 1/1/95 70 1/1/99 65 ............................................................................... [FNa1] See sections 94510(h), 94510(j), and 94510( l ) for exemptions that FN apply to personal fragrance products. _______________________________________________________________________________ Rubber and Vinyl Protectant: aerosols 1/1/2005 10 ............................................................................... non-aerosols 1/1/2003 3 _______________________________________________________________________________ Sealants and Caulking Compounds 12/31/2002 4 _______________________________________________________________________________ Shaving Creams 1/1/94 5 _______________________________________________________________________________ Shaving Gel 12/31/2006 7 12/31/2009 4 _____________________________________________________________________ Silicone-based Multi-purpose Lubricant: 1/1/2005 60 (excluding solid or semisolid products) _______________________________________________________________________________ Spot Remover: aerosols 1/1/2001 25 ............................................................................... non-aerosols 1/1/2001 8 _______________________________________________________________________________ Tire Sealants and Inflators 12/31/2002 20 _______________________________________________________________________________ Toilet/Urinal Care Product:* Aerosol 12/31/2006 10 ..................................................................... non-aerosol 12/31/2006 3 [See section 94509(o) for additional requirements that apply to Toilet/Urinal Care Products] _____________________________________________________________________ Undercoating: aerosols 1/1/2002 40 _______________________________________________________________________________ Wood Cleaner: Aerosol 12/31/2006 17 ..................................................................... non-aerosol 12/31/2006 4 _____________________________________________________________________ [FN1] See section 94509(d) for the effective date of the VOC standards for products registered under FIFRA, and section 94509(c) for the "Sell-through" allowed for products manufactered prior to the effective date of standards. [FN2] See section 94510(c) for an exemption that applies to fragrances in consumer products, and section 94510(d) for an exemption that applies to LVP-VOCs. (b)Products that are diluted prior to use (1) Except for "Automotive Windshield Washer Fluids (Dilutable)," for consumer products for which the label, packaging, or accompanying literature specifically states that the product should be diluted with water or non-VOC solvent prior to use, the limits specified in subsection (a) shall apply to the product only after the minimum recommended dilution has taken place. For purposes of this subsection (b), "minimum recommended dilution" shall not include recommendations for incidental use of a concentrated product to deal with limited special application such as hard-to-remove soils or stains. (2) For consumer products for which the label, packaging, or accompanying literature states that the product should be diluted with any VOC solvent prior to use, the limits specified in subsection (a) shall apply to the product only after the maximum recommended dilution has taken place. (3) For "Automotive Windshield Washer Fluids (Dilutable)" for which the label, packaging, or accompanying literature specifically states that the product should be diluted with water or non-VOC solvent prior to use; (A) the VOC limits specified in section 94509(a) shall apply to the product only after the minimum recommended dilution has taken place; (B) for the purpose of complying with the VOC limits specified in section 94509(a), different dilution instructions for "Type A areas" and other areas of California may be specified on the product label if the dilution instructions meet the following criteria: 1. The instructions are readily visible, and 2. The instructions can be easily understood by the consumer, and 3. The instructions clearly specify the recommended dilutions to apply in "Type A areas" and in other areas of California, and If the dilution instructions specified on the product label meet these criteria, the VOC limits specified in section 94509(a) shall apply to the product only after the minimum recommended dilution has taken place for the area in which the product is sold, supplied, or offered for sale. (c)Sell-through of products. (1)Sell-through period. Notwithstanding the provisions of Section 94509(a) or 94509(j), a consumer product manufactured prior to each of the effective dates specified for that product in the Table of Standards may be sold, supplied, or offered for sale for up to three years after each of the specified effective dates. This subsection (c) also does not apply to: (A) any consumer product which does not display on the product container or package the date on which the product was manufactured, or a code indicating such date, or (B) any consumer product on which the manufacturer has used a code indicating the date of manufacture that is different than the code specified in section 94512(b)(2), but an explanation of the code has not been filed with the ARB Executive Officer by the deadlines specified in section 94512(c)(1) or section 94512(c)(2), or (C) Solid Air Fresheners and Toilet/Urinal Care Products that contain para-dichlorobenzene; these products are subject to the one-year sell-through period specified in section 94509(o). (D) Products contained in multi-unit packages, as specified below: 1. Subsection (c)(1) does not apply to any individual consumer products unit contained within a multi-unit package that is produced or assembled after January 1, 2006, where the multi-unit package does not display the date(s) or date-code(s) of the individual product units, or display the date of assembly, such that the displayed information is not readily observable without irreversibly disassembling any portion of the container or packaging. 2. For the purposes of this section, "date of assembly" means the date that the individual product units are assembled into the finished multi-unit package. 3. For multi-unit packages that display the "date of assembly" instead of the date(s) or date-code(s) of the individual product units, the "date of assembly" shall be the "date of manufacture " for all of the product units contained within the multi-unit package. In other words, all of the product units shall be deemed to have been manufactured on the date these units are assembled into the multi-unit package, even if the individual product units show different date(s) or date-code(s). (2)Notification for products sold during the sell-through period. Any person who sells or supplies a consumer product subject to the Table of Standards in section 94509 must notify the purchaser of the product in writing of the date on which the sell-through period for that product will end, provided, however, that this notification must be given only if all of the following conditions are met: (A) the product is being sold or supplied to a distributor or retailer; (B) the sell-through period for the product will expire 6 months or less from the date the product is sold or supplied; (C) the product does not comply with the lowest VOC standard that applies on the date the sell-through period ends; and (D) the product is subject to a VOC standard with an effective date on or after December 31, 2004. (d)Products registered under FIFRA. For those consumer products that are registered under the Federal Insecticide, Fungicide, and Rodenticide Act, (FIFRA; 7 U.S.C. Section 136-136y), the effective date of the VOC standards specified in subsection (a) is one year after the date specified in the Table of Standards. For those consumer products that are registered under FIFRA, the three year period provided in subsection (c) shall also begin one year after the date specified in the Table of Standards. (e)Products containing ozone-depleting compounds. For any consumer product for which VOC standards are specified under subsection (a), no person shall sell, supply, offer for sale, or manufacture for sale in California any consumer product which contains any of the following ozone depleting compounds: CFC-11 (trichlorofluoromethane), CFC-12 (dichlorodifluoromethane), CFC-113 (1,1,1-trichloro-2,2,2-trifluoroethane), CFC-114 (1-chloro-1,1-difluoro-2-chloro-2,2-difluoroethane), CFC-115 (chloropentafluoroethane), halon 1211 (bromochlorodifluoromethane), halon 1301 (bromotrifluoromethane), halon 2402 (dibromotetrafluoroethane), HCFC-22 (chlorodifluoromethane), HCFC-123 (2,2-dichloro-1,1,1-trifluoroethane), HCFC-124 (2-chloro-1,1,1,2-tetrafluoroethane), HCFC-141b (1,1-dichloro-1-fluoroethane), HCFC-142b (1-chloro-1,1-difluoroethane), 1,1,1-trichloroethane, and carbon tetrachloride. (f) The requirements of section 94509(e) shall not apply to any existing product formulation that complies with the Table of Standards or any existing product formulation that is reformulated to meet the Table of Standards, provided the ozone depleting compound content of the reformulated product does not increase. (g) The requirements of section 94509(e) shall not apply to any ozone-depleting compounds that may be present as impurities in a consumer product in an amount equal to or less than 0.01% by weight of the product. (h)Requirements for charcoal lighter materials. The following requirements shall apply to all charcoal lighter material products as defined in section 94508(a)(27): (1)Regulatory Standards (A) In all areas of California except the South Coast Air Quality Management District no person shall sell, supply, or offer for sale after January 1, 1993 any charcoal lighter material product unless at the time of the transaction: 1. the manufacturer or distributor of the charcoal lighter material has been issued a currently effective certification pursuant to subsection (h)(2). 2. the charcoal lighter material meets the formulation criteria and other conditions specified in the applicable Executive Order issued pursuant to subsection (h)(2). 3. the product usage directions for the charcoal lighter material are the same as those provided to the Executive Officer pursuant to subsection (h)(2)(C). (B) In the South Coast Air Quality Management District, the regulatory standards specified in subsection (h)(1)(A) shall be applicable upon the effective date of this subsection. (2)Certification Requirements (A) No charcoal lighter material formulation shall be certified under this subsection unless the applicant for certification demonstrates to the Executive Officer's satisfaction that the VOC emissions from the ignition of charcoal with the charcoal lighter material are less than or equal to 0.020 pound of VOC per start, using the procedures specified in the South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol, dated February 27, 1991 (the "SCAQMD Rule 1174 Testing Protocol"). The provisions relating to LVP-VOC in sections 94508(a)(91) and 94510(d) shall not apply to any charcoal lighter material subject to the requirements of sections 94509(a) and (h). (B) The Executive Officer may approve alternative test procedures which are shown to provide equivalent results to those obtained using the SCAQMD Rule 1174 Testing Protocol. (C) A manufacturer or distributor of charcoal lighter material may apply to the Executive Officer for certification of a charcoal lighter material formulation in accordance with this subsection (h)(2). The application shall be in writing and shall include, at a minimum, the following: 1. the results of testing conducted pursuant to the procedures specified in SCAQMD Rule 1174 Testing Protocol. 2. the exact text and/or graphics that will appear on the charcoal lighter material's principal display panel, label, and any accompanying literature. The provided material shall clearly show the usage directions for the product. These directions shall accurately reflect the quantity of charcoal lighter material per pound of charcoal that was used in the SCAQMD Rule 1174 Testing Protocol for that product, unless: i) the charcoal lighter material is intended to be used in fixed amounts independent of the amount of charcoal used, such as certain paraffin cubes, or ii) the charcoal lighter material is already incorporated into the charcoal, such as certain "bag light", "instant light" or "match light" products. 3. For a charcoal lighter material which meets the criteria specified in subsection (h)(2)(C)2.i), the usage instructions provided to the Executive Officer shall accurately reflect the quantity of charcoal lighter material used in the SCAQMD Rule 1174 Testing Protocol for that product. 4. Any physical property data, formulation data, or other information required by the Executive Officer for use in determining when a product modification has occurred and for use in determining compliance with the conditions specified on the Executive Order issued pursuant to section (h)(2). (D) Within 30 days of receipt of an application, the Executive Officer shall advise the applicant in writing either that it is complete or that specified additional information is required to make it complete. Within 30 days of receipt of additional information, the Executive Officer shall advise the applicant in writing either that the application is complete, or that specified additional information or testing is still required before it can be deemed complete. (E) If the Executive Officer finds that an application meets the requirements of this subsection (h)(2), then he or she shall issue an Executive Order certifying the charcoal lighter material formulation and specifying such conditions as are necessary to insure that the requirements of this subsection (h) are met. The Executive Officer shall act on a complete application within 90 days after the application is deemed complete. (3)Notice of Modifications For any charcoal lighter material for which certification has been granted pursuant to subsection (h)(2), the applicant for certification shall notify the Executive Officer in writing within 30 days of: (i) any change in the usage directions, or (ii) any change in product formulation, test results, or any other information submitted pursuant to subsection (h)(2) which may result in VOC emissions greater than 0.020 pound of VOC per start. (4)Revocation of Certification If the Executive Officer determines that any certified charcoal lighter material formulation results in VOC emissions from the ignition of charcoal which are greater than 0.020 pound of VOC per start, as determined by the SCAQMD Rule 1174 Testing Protocol and the statistical analysis procedures contained therein, the Executive Officer shall revoke or modify the certification as is necessary to assure that the charcoal lighter material will result in VOC emissions of less than or equal to 0.020 pound of VOC per start. The Executive Officer shall not revoke or modify the prior certification without first affording the applicant for the certification an opportunity for a hearing in accordance with the procedures specified in Title 17, California Code of Regulations, Division 3, Chapter 1, Subchapter 1, Article 4 (commencing with section 60040), to determine if the certification should be modified or revoked. (5) Notwithstanding any other provision of this subsection 94509(h), charcoal lighter material products manufactured prior to January 1, 1993, may be sold, supplied, or offered for sale until July 1, 1994, in all areas of California except the South Coast Air Quality Management District. Charcoal lighter material products subject to SCAQMD Rule 1174 and sold, supplied, or offered for sale in the South Coast Air Quality Management District shall meet the requirements of sections 94509(h) upon the effective date of this subsection, regardless of the date on which the products were manufactured. (i)Requirements for aerosol adhesives(as defined in section 94508(a)(1)). (1) As specified in Health and Safety Code section 41712(h)(2), the standards for aerosol adhesives apply to all uses of aerosol adhesives, including consumer, industrial, and commercial uses. Except as otherwise provided in sections 94509(c), 94510, 94511, and 94514, no person shall sell, supply, offer for sale, use or manufacturer for sale in California any aerosol adhesive which, at the time of sale, use, or manufacture, contains VOCs in excess of the specified standard. (2)(A) In order to qualify as a "Special Purpose Spray Adhesive" the product must meet one or more of the definitions for "Special Purpose Spray Adhesive" specified in section 94508(a)(132), but if the product label indicates that the product is suitable for use on any substrate or application not listed in one of the definitions for "Special Purpose Spray Adhesive," then the product shall be classified as either a "Web Spray Adhesive" or a "Mist Spray Adhesive." (B) If a product meets more than one of the definitions specified in section 94508(a)(132) for "Special Purpose Spray Adhesive," and is not classified as a "Web Spray Adhesive" or "Mist Spray Adhesive" under subsection (2)(A), then the VOC limit for the product shall be the lowest applicable VOC limit specified in section 94509(a). (3) Effective 1/1/2002, no person shall sell, supply, offer for sale, or manufacture for use in California any aerosol adhesive which contains any of the following compounds: methylene chloride, perchlorothylene, or trichlorethylene, except that an aerosol adhesive manufactured before 1/1/2002 may be sold, supplied, or offered for sale until 1/1/2005, so long as the product container or package displays the date on which the product was manufactured, or a code indicating such date. (4) All aerosol adhesives must comply with the labeling requirements specified in section 94512(d), and all manufacturers and responsible parties for aerosol adhesives must comply with the special reporting requirements specified in section 94513(d). (j)Requirements for Floor Wax Strippers. After an effective date of January 1, 2002, no person shall sell, supply, offer for sale, or manufacture for use in California any floor wax stripper unless the following requirements are met: (1) The label of each non-aerosol floor wax stripper must specify a dilution ratio for light or medium build-up of polish that results in an as-used VOC concentration of 3 percent by weight or less. (2) If a non-aerosol floor wax stripper is also intended to be used for removal of heavy build-up of polish, the label of that floor wax stripper must specify a dilution ratio for heavy build-up of polish that results in an as-used VOC concentration of 12 percent by weight or less. (3) The terms "light build-up," "medium build-up" or "heavy build-up" are not specifically required, as long as comparable terminology is used. (k)Effective dates of the VOC limits for "Carburetor or Fuel-injection Air Intake Cleaners" and "Construction, Panel, and Floor Covering Adhesives."The definitions for the product categories of "Carburetor or Fuel-injection Air Intake Cleaners" and "Construction, Panel, and Floor Covering Adhesives" were modified as part of the "Mid-term Measures II" rulemaking action that was considered by the Board in October 1999. As a result of these modifications, certain types of consumer products were included in these definitions that had not previously been included. For those consumer products that were included in these definitions for the first time as a result of the "Mid-term Measures II" rulemaking action, the VOC limits (in section 94509(a)) applicable to these newly included products shall not become legally effective until December 31, 2002. (l)Automotive Windshield Washer Fluids. The provisions of subsection 94509(b)(1) shall not apply to "Automotive Windshield Washer Fluid (Pre-Mixed)" as defined in section 94508(a)(21). (m)Requirements for Contact Adhesives, Electronic Cleaners, Footwear or Leather Care Products, and General Purpose Degreasers. (1) Except as provided below in sections 94509(m)(2) and (m)(4), effective December 31, 2005, no person shall sell, supply, offer for sale, or manufacture for use in California any Contact Adhesive, Electronic Cleaner, Footwear or Leather Care Product, or General Purpose Degreaser that contains any of the following compounds: methylene chloride, perchloroethylene, or trichloroethylene. (2)Sell-through of Products. Contact Adhesives, Electronic Cleaners, Footwear or Leather Care Products, and General Purpose Degreasers that contain methylene chloride, perchloroethylene, or trichloroethylene and were manufactured before December 31, 2005, may be sold, supplied, or offered for sale until December 31, 2008, so long as the product container or package displays the date on which the product was manufactured, or a code indicating such date. (3)Notification for products sold during the sell-through period. Any person who sells or supplies a consumer product identified above in section 94509(m)(1) must notify the purchaser of the product in writing that the sell-through period for that product will end on December 31, 2008, provided, however, that this notification must be given only if both of the following conditions are met: (A) the product is sold or supplied to a distributor or retailer; and (B) the product is sold or supplied on or after June 30, 2008. (4)Impurities. The requirements of section 94509(m)(1) and (m)(3) shall not apply to any Contact Adhesive, Electronic Cleaner, Footwear or Leather Care Product, or General Purpose Degreaser containing methylene chloride, perchloroethylene, or trichloroethylene that is present as an impurity in a combined amount equal to or less than 0.01% by weight. (n)Requirements for Adhesive Removers, Electrical Cleaners, and Graffiti Removers. (1) Except as provided below in sections 94509(n)(2) and (n)(4), effective December 31, 2006, no person shall sell, supply, offer for sale, or manufacture for use in California any Adhesive Remover, Electrical Cleaner, or Graffiti Remover that contains any of the following compounds: methylene chloride, perchloroethylene, or trichloroethylene. (2)Sell-through of Products. Adhesive Removers, Electrical Cleaners, and Graffiti Removers that contain methylene chloride, perchloroethylene, or trichloroethylene and were manufactured before December 31, 2006, may be sold, supplied, or offered for sale until December 31, 2009, so long as the product container or package displays the date on which the product was manufactured, or a code indicating such date. (3)Notification for products sold during the sell-through period. Any person who sells or supplies a consumer product identified above in section 94509(n)(1) must notify the purchaser of the product in writing that the sell-through period for that product will end on December 31, 2009, provided, however, that this notification must be given only if both of the following conditions are met: (A) the product is sold or supplied to a distributor or retailer; and (B) the product is sold or supplied on or after June 30, 2009. (4)Impurities. The requirements of section 94509(n)(1) and (n)(3) shall not apply to any Adhesive Remover, Electrical Cleaner, or Graffiti Remover containing methylene chloride, perchloroethylene, or trichloroethylene that is present as an impurity in a combined amount equal to or less than 0.01% by weight. (o)Requirements for Solid Air Fresheners and Toilet/Urinal Care Products. (1) Effective December 31, 2005, no person shall sell, supply, offer for sale, or manufacture for use in California any Solid Air Fresheners or Toilet/Urinal Care Products that contain para-dichlorobenzene, except that Solid Air Fresheners and Toilet/Urinal Care Products that contain para-dichlorobenzene and were manufactured before December 31, 2005 may be sold, supplied, or offered for sale until December 31, 2006, so long as the product container or package displays the date on which the product was manufactured, or a code indicating such date. (2)Notification for products sold during the sell-through period. Any person who sells or supplies any Solid Air Freshener or Toilet/Urinal Care Product that contains para-dichlorobenzene must notify the purchaser of the product in writing that the sell-through period for the product will end on December 31, 2006, provided, however, that this notification must be given only if both of the following conditions are met: (A) the product is sold or supplied to a distributor or retailer; and (B) the product is sold or supplied on or after June 30, 2006. Note: Authority cited: Sections 39600, 39601, 39650, 39658, 39659, 39666 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 39650, 39655, 39656, 39658, 39659, 39666, 40000 and 41712, Health and Safety Code. s 94510. Exemptions. (a) This article shall not apply to any consumer products manufactured in California for shipment and use outside of California. (b) The provisions of this article shall not apply to a manufacturer or distributor who sells, supplies, or offers for sale in California a consumer product that does not comply with the VOC standards specified in Section 94509, as long as the manufacturer or distributor can demonstrate both that the consumer product is intended for shipment and use outside of California, and that the manufacturer or distributor has taken reasonable prudent precautions to assure that the consumer product is not distributed to California. This subsection (b) does not apply to consumer products that are sold, supplied, or offered for sale by any person to retail outlets in California. (c) The VOC limits specified in Section 94509(a) shall not apply to fragrances up to a combined level of 2 percent by weight contained in any consumer product. (d) The VOC limits specified in Section 94509(a) shall not apply to any LVP-VOC. (e) The requirements of Section 94512(b) shall not apply to consumer products registered under the Federal Insecticide, Fungicide, and Rodenticide Act, (FIFRA; 7 U.S.C. Section 136/136y). (f) The VOC limits specified in Section 94509(a) shall not apply to air fresheners that are comprised entirely of fragrance, less compounds not defined as VOCs under Section 94508 or exempted under Section 94510(d). (g) The VOC limits specified in Section 94509(a) shall not apply to: (1) insecticides containing at least 98% para-dichlorobenzene. (2) Until December 30, 2006, the VOC limits specified in Section 94509(a) shall not apply to solid air fresheners containing at least 98% para-dichlorobenzene. On or after December 31, 2006, the provisions of section 94509(o) apply to solid air fresheners containing para-dichlorobenzene. (h) The VOC limits specified in Section 94509(a) shall not apply to: (1) existing personal fragrance products or personal fragrance products in development on or before April 1, 1992, provided that both (i) the registration data specified in section 94513 is submitted for every such product by the date specified in section 94513(a), or prior to July 1, 1993, whichever date occurs later, and (ii) such product is sold in California prior to January 1, 1994. For the purposes of this subsection, a product "in development" means: (A) a product which a fragrance materials manufacturer is designing at the request of a personal fragrance product manufacturer, or (B) a product which is the subject of a written marketing profile or other documentation authorizing the creation and marketing of the product. (2) Personal fragrance products in development may be registered to qualify for this exemption under hypothetical trade names or pseudonyms, provided that the actual trade name is supplied to the Executive Officer within 30 days of marketing such products, or January 1, 1994, whichever occurs first. (i) The VOC limits specified in section 94509(a) shall not apply to adhesives sold in containers of 1 fluid ounce or less. (j) The VOC limits specified in Section 94509(a) shall not apply to any VOC which is a fragrance in a personal fragrance product. (k) The VOC limits specified in 94509(a) shall not apply to bait station insecticides. For the purpose of this section, bait station insecticides are containers enclosing an insecticidal bait that is not more than 0.5 ounce by weight, where the bait is designed to be ingested by insects and is composed of solid material feeding stimulants with less than 5 percent (%) active ingredients. (l) The 1/1/99 VOC limits specified in Section 94509(a) for personal fragrance products shall not apply to such products which have been sold in California prior to 1/1/99. Note: Authority cited: Sections 39600, 39601 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code. s 94511. Innovative Products. (a) The Executive Officer shall exempt a consumer product from the VOC limits specified in Section 94509(a) if a manufacturer demonstrates by clear and convincing evidence that, due to some characteristic of the product formulation, design, delivery systems or other factors, the use of the product will result in less VOC emissions as compared to: (1) the VOC emissions from a representative consumer product which complies with the VOC limits specified in Section 94509(a), or (2) the calculated VOC emissions from a noncomplying representative product, if the product had been reformulated to comply with the VOC limits specified in section 94509(a). VOC emissions shall be calculated using the following equation: ENC x VOCSTD ER = --------------------- VOCNC where: E R = The VOC emissions from the noncomplying representative product, had it been reformulated. E NC = The VOC emissions from the noncomplying representative product in its current formulation. VOC STD = the VOC limit specified in 94509(a). VOC NC = the VOC content of the noncomplying product in its current formulation. If a manufacturer demonstrates that this equation yields inaccurate results due to some characteristic of the product formulation or other factors, an alternative method which accurately calculates emissions may be used upon approval of the Executive Officer. (b) For the purposes of this section, "representative consumer product" means a consumer product which meets all of the following criteria: (1) the representative product shall be subject to the same VOC limit in Section 94509(a) as the innovative product. (2) the representative product shall be of the same product form as the innovative product, unless the innovative product uses a new form which does not exist in the product category at the time the application is made. (3) the representative product shall have at least similar efficacy as other consumer products in the same product category based on tests generally accepted for that product category by the consumer products industry. (c) A manufacturer shall apply in writing to the Executive Officer for any exemption claimed under subsection (a). The application shall include the supporting documentation that demonstrates the reduction of emissions from the innovative product, including the actual physical test methods used to generate the data and, if necessary, the consumer testing undertaken to document product usage. In addition, the applicant must provide any information necessary to enable the Executive Officer to establish enforceable conditions for granting the exemption including the VOC content for the innovative product and test methods for determining the VOC content. All information submitted by a manufacturer pursuant to this section shall be handled in accordance with the procedures specified in Title 17, California Code of Regulations, Sections 91000-91022. (d) Within 30 days of receipt of the exemption application the Executive Officer shall determine whether an application is complete as provided in section 60030(a), Title 17, California Code of Regulations. (e) Within 90 days after an application has been deemed complete, the Executive Officer shall determine whether, under what conditions, and to what extent, an exemption from the requirements of Section 94509(a) will be permitted. The applicant and the Executive Officer may mutually agree to a longer time period for reaching a decision, and additional supporting documentation may be submitted by the applicant before a decision has been reached. The Executive Officer shall notify the applicant of the decision in writing and specify such terms and conditions that are necessary to insure that emissions from the product will meet the emissions reductions specified in subsection (a), and that such emissions reductions can be enforced. (f) In granting an exemption for a product the Executive Officer shall establish conditions that are enforceable. These conditions shall include the VOC content of the innovative product, dispensing rates, application rates, application rates, and any other parameters determined by the Executive Officer to be necessary. The Executive Officer shall also specify the test methods for determining conformance to the conditions established. The test methods shall include criteria for reproducibility, accuracy, and sampling and laboratory procedures. (g) For any product for which an exemption has been granted pursuant to this section, the manufacturer shall notify the Executive Officer in writing within 30 days of any change in the product formulation or recommended product usage directions, and shall also notify the Executive Officer within 30 days if the manufacturer learns of any information which would alter the emissions estimates submitted to the Executive Officer in support of the exemption application. (h) If the VOC limits specified in Section 94509(a) are lowered for a product category through any subsequent rulemaking, all innovative product exemptions granted for products in the product category, except as provided in this subsection (h), shall have no force and effect as of the effective date of the modified VOC standard. This subsection (h) shall not apply to those innovative products which have VOC emissions less than the applicable lowered VOC limit and for which a written notification of the product's emissions status versus the lowered VOC limit has been submitted to and approved by the Executive Officer at least 60 days before the effective date of such limits. (i) If the Executive Officer believes that a consumer product for which an exemption has been granted no longer meets the criteria for an innovative product specified in subsection (a), the Executive Officer may modify or revoke the exemption as necessary to assure that the product will meet these criteria. The Executive Officer shall not modify or revoke an exemption without first affording the applicant an opportunity for a public hearing held in accordance with the procedures specified in Title 17, California Code of Regulations, Division 3, Chapter 1, Subchapter 1, Article 4 (commencing with Section 60040), to determined if the exemption should be modified or revoked. Note: Authority cited: Sections 39600, 39601 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code. s 94512. Administrative Requirements. (a) Most Restrictive Limit. (1) Products Manufactured Before January 1, 2007, and FIFRA-registered Insecticides Manufactured Before January 1, 2008. Notwithstanding the definition of "product category" in Section 94508, if anywhere on the principal display panel of any consumer product manufactured before January 1, 2007, or any FIFRA-registered insecticide manufactured before January 1, 2008, any representation is made that the product may be used as, or is suitable for use as a consumer product for which a lower VOC limit is specified in Section 94509(a), then the lowest VOC limit shall apply. This requirement does not apply to general purpose cleaners and insecticide foggers. (2) Products Manufactured on or After January 1, 2007, and FIFRA-registered Insecticides Manufactured on or After January 1, 2008. Notwithstanding the definition of "product category" in Section 94508, if anywhere on the container or packaging of any consumer product manufactured on or after January 1, 2007, or any FIFRA-registered insecticide manufactured on or after January 1, 2008, or on any sticker or label affixed thereto, any representation is made that the product may be used as, or is suitable for use as a consumer product for which a lower VOC limit is specified in Section 94509(a), then the lowest VOC limit shall apply. This requirement does not apply to general purpose cleaners and insecticide foggers. (3) Rules that Apply when a Product Category Definition Excludes Other Product Categories. If a definition of a regulated product category in section 94508(a) states that the product category "does not include" one or more other product categories, the "most restrictive limit" provisions of section 94512(a) apply to regulated products that meet the definition of the regulated product category and also make any representation that the regulated product may be used as (or is suitable for use as) a product that falls within one or more of the excluded product categories. For example, if the definition for Regulated Product Category A states that it "does not include" Regulated Product Category B, then the "most restrictive limit" provisions apply to a regulated product that meets the definition of Regulated Product Category A, but also makes a representation that it may be used as (or is suitable for use as) Regulated Product Category B. In other words, if the regulated product makes any representation that it may be used as (or is suitable for use as) Regulated Category Product B, then the regulated product would be subject to the lowest VOC limit specified in section 94509(a) for either Product Category A or Product Category B. For the purposes of this section: "Regulated product" means a consumer product for which a VOC standard is specified in section 94509(a), and "Representation" has the same meaning as used above in subsections 94512(a)(1) and 94512(a)(2) (i.e., what statements qualify as a "representation" depends on the date the product was manufactured and whether the statements appear on the "principal display panel" or other parts of the product container or packaging.) (b) Product Dating. (1) Each manufacturer of a consumer product subject to Section 94509 shall clearly display on each consumer product container or package, the day, month, and year on which the product was manufactured, or a code indicating such date. (2) A manufacturer who uses the following code to indicate the date of manufacture shall not be subject to the requirements of section 94512(c)(1), if the code is represented separately from other codes on the product container so that it is easily recognizable: YY DDD = year year day day day Where: "YY" = two digits representing the year in which the product was manufactured, and "DDD" = three digits representing the day of the year on which the product was manufactured, with "001" representing the first day of the year, "002" representing the second day of the year, and so forth (i.e. the "Julian date") (3) This date or code shall be displayed on each consumer product container or package no later than twelve months prior to the effective date of the applicable standard specified in section 94509. (4) Except as otherwise provided in subsection (b)(5), for products manufactured on or after January 1, 2006, the date or code shall be displayed on the product container such that it is readily observable without irreversibly disassembling any portion of the product container or packaging. For the purposes of this subsection, information may be displayed on the bottom of a container as long as it is clearly legible without removing any product packaging. (5) Products Sold in Multi-unit Packages. (A) Products sold, supplied, or offered for sale in multi-unit packages are not required to comply with subsection (b)(4). (B) If a multi-unit package does not comply with subsection (b)(4), the "sell-through" provisions of section 94509(c)(1) shall not apply to the individual product units contained within the multi-unit package. In other words, if any multi-unit package produced or assembled after January 1, 2006, does not display the date(s) or date-code(s) of the product units, such that the displayed information is readily observable without irreversibly disassembling any portion of the container or packaging, the individual product units shall be subject to the VOC standards in effect when the multi-unit package is sold, supplied, or offered for sale, regardless of the date on which the product units were manufactured. (C) A multi-unit package may comply with subsection (b)(4) by displaying the date of assembly instead of the date(s) or date-code(s) of the individual product units, so long as the date of assembly is readily observable without irreversibly disassembling any portion of the container or packaging. The "date of assembly" means the date that the individual product units are assembled into the finished multi-unit package. If the date of assembly is displayed instead of the individual date(s) or date-code(s), the "date of assembly" shall be the "date of manufacture" for all of the product units contained within the multi-unit package. In other words, all of the product units shall be deemed to have been manufactured on the date these units are assembled into the multi-unit package, even if the individual product units show different date(s) or date-code(s), and the "date of assembly" shall be "date of manufacture" of each product unit for the purposes of applying the "sell-through" provisions of section 94509(c). (6) The requirements of this subsection (b) shall not apply to: (A) personal fragrance products of 2 milliliters or less, which are offered to consumers free of charge for the purpose of sampling the product; or (B) products containing no VOCs (as defined in section 94508), or containing VOCs at 0.10% by weight or less. (c) Additional Product Dating Requirements (1) If a manufacturer uses a code indicating the date of manufacture, for any consumer product subject to section 94509 an explanation of the code must be filed with the Executive Officer of the ARB no later than twelve months prior to the effective date of the applicable standard specified in section 94509. Thereafter, manufacturers using a code must file an explanation of the code with the Executive Officer on an annual basis, beginning in 2006. The explanation of the code must be received by the Executive Officer on or before January 31st of each year, with the first explanation due on or before January 31, 2006. (2) If a manufacturer changes any code indicating the date of manufacture for any consumer product subject to subsection (c)(1), an explanation of the modified code must be received by the Executive Officer before any products displaying the modified code are sold, supplied, or offered for sale in California. (3) No person shall erase, alter, deface, or otherwise remove or make illegible any date or code indicating the date of manufacture from any regulated product container without the express authorization of the manufacturer. (4) Codes indicating the date of manufacture are public information and may not be claimed as confidential. (d)Additional Labeling Requirements for Aerosol Adhesives,Adhesive Removers, Electronic Cleaner, Electrical Cleaner, Energized Electrical Cleaner, and Contact Adhesives. (1) In addition to the requirements specified in subsections (a), (b) and (c), both the manufacturer and responsible party for each aerosol adhesive, adhesive remover, electronic cleaner, electrical cleaner, energized electrical cleaner, and contact adhesive product subject to this article shall ensure that all products clearly display the following information on each product container which is manufactured on or after the effective date for the category specified in section 94509(a): (A) The product category as specified in section 94509(a) or an abbreviation of the category shall be displayed; (B) 1. The applicable VOC standard for the product is specified in section 94509(a), except for Energized Electrical Cleaner, expressed as a percentage by weight, shall be displayed unless the product is included in an alternative control plan approved by the Executive Officer, as provided in Article 4, Sections 94540-94555, Title 17, California Code of Regulations, and the product exceeds the applicable VOC standard; 2. If the product is included in an alternative control plan approved by the Executive Officer, and the product exceeds the applicable VOC standard specified in section 94509(a), the product shall be labeled with the term "ACP" or "ACP product;" (C) If the product is classified as a special purpose spray adhesive, the applicable substrate and/or application or an abbreviation of the substrate/application that qualifies the product as special purpose shall be displayed; (D) If the manufacturer or responsible party uses an abbreviation as allowed by this subsection 94512(d), an explanation of the abbreviation must be filed with the Executive Officer before the abbreviation is used. (2) The information required in section 94512(d)(1), shall be displayed on the product container such that it is readily observable without removing or disassembling any portion of the product container or packaging. For the purposes of this subsection, information may be displayed on the bottom of a container as long as it is clearly legible without removing any product packaging. (3) No person shall remove, alter, conceal, or deface the information required in section 94512(d)(1) prior to final sale of the product. Note: Authority cited: Sections 39600, 39601 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code. s 94513. Reporting Requirements. (a) Upon 90 days written notice, the Executive Officer may require any responsible party to report information for any consumer product or products the Executive Officer may specify including, but not limited to, all or part of the following information: specified in the following subsections (a)(1) through (a)(12). If the responsible party does not have or does not provide the information requested by the Executive Officer, the Executive Officer may require the reporting of this information by the person that has the information, including, but not limited to, any formulator, manufacturer, supplier, parent company, private labeler, distributor, or repackager. (1) the company name, address, telephone number, and designated contact person; (2) any claim of confidentiality made pursuant to Title 17, California Code of Regulations, Section 91011; (3) the product brand name for each consumer product and the product label; (4) the product category to which the consumer product belongs; (5) the applicable product form(s) listed separately; (6) an identification of each product brand name and form as a "Household Product," "I&I Product," or both; (7) separate California sales in pounds per year, to the nearest pound, and the method used to calculate California sales for each product form; (8) for information submitted by multiple companies, an identification of each company which is submitting relevant data separate from that submitted by the responsible party. All information from all companies shall be submitted by the date specified in Section 94513(a); (9) for each product brand name and form, the net percent by weight of the total product, less container and packaging, comprised of the following, rounded to the nearest one-tenth of a percent (0.1%): (A) Total Table B Compounds (B) Total LVP-VOCs that are not fragrances (C) Total All Other Carbon-Containing Compounds that are not fragrances (D) Total All Non-Carbon-Containing Compounds (E) Total Fragrance (F) For products containing greater than two percent by weight fragrance, but excluding "personal fragrance products": (i) the percent of fragrance that are LVP-VOCs, and (ii) the percent of fragrance that are all other carbon-containing compounds (G) For "personal fragrance products," the density of the fragrance (H) Total Para-dichlorobenzene (10) for each product brand name and form, the identity, including the specific chemical name and associated Chemical Abstract Services (CAS) number, of the following: (A) Each Table B Compound (B) Each LVP-VOC that is not a fragrance (11) if applicable, the weight percent comprised of propellent for each product; (12) if applicable, an identification of the type of propellent (Type A, Type B, Type C, or a blend of the different types); (b) In addition to the requirements of section 94513(a)(10), the responsible party shall report or shall arrange to have reported to the Executive Officer the net percent by weight of each ozone-depleting compound which is (1) listed in section 94509(e) and (2) contained in a product subject to reporting under section 94513(a) in any amount greater than 0.1 percent by weight. (c) All information submitted by any person pursuant to Section 94513 shall be handled in accordance with the procedures specified in Title 17, California Code of Regulations, Sections 91000-91022. (d)Special Reporting Requirements for Aerosol Adhesives On or before March 31, 2004, all responsible parties for aerosol adhesives shall report to the Executive Officer the following information for products sold or offered for sale in California: (1) data regarding product sales and composition for the year 2003, including the information listed in Section 94513(a), and any other information that the Executive Officer may specify; and (2) a written update of the research and development efforts undertaken to achieve VOC limits lower than the limits specified in section 94509(a). The written update must include detailed information about the raw materials (solvents, propellants, resins, and polymers) and hardware (valves, actuators, cans) used in product reformulation, the testing protocols used, the results of the testing, and the cost of reformulation efforts. (3) On or before December 31, 2003, the Executive Officer shall notify responsible parties in writing that they are to submit aerosol adhesive product and research data by March 31, 2004. (e)Special Reporting Requirements for Consumer Products that Contain Perchloroethylene or Methylene Chloride (1) The requirements of this subsection shall apply to all responsible parties for: (A) consumer products that are subject to section 94509(a) and contain perchloroethylene or methylene chloride, and (B) Energized Electrical Cleaners as defined in section 94508(a) (47), that contain perchloroethylene or methylene chloride. For the purposes of this subsection, a product "contains perchloroethylene or methylene chloride" if the product contains 1.0 percent or more by weight (exclusive of the container or packaging) of either perchloroethylene or methylene chloride. (2) For each consumer product that contains perchloroethylene or methylene chloride, the responsible party shall report the following information for products sold in California during each calendar year, beginning with the year 2000, and ending with the year 2010: (A) the product brand name and a copy of the product label with legible usage instructions; (B) the product category to which the consumer product belongs; (C) the applicable product form(s) (listed separately); (D) for each product form listed in (C), the total amount of the consumer product sold in California during the calendar year between January 1, 1996 and December 31, 1996, to the nearest pound (exclusive of the container or packaging), and the method used for calculating the California sales; (E) the weight percent, to the nearest 0.10 percent, of perchloroethylene and methylene chloride in the consumer product. (3) The information specified in subsection 94513(e)(2) shall be reported for each calendar year by March 1 of the following year. The first report shall be due on March 1, 2001, for calendar year 2000. A new report is due on March 1 of each year thereafter, until March 1, 2011, when the last report is due. (4) Upon request, the Executive Officer shall make the perchloroethylene information submitted pursuant to this subsection available to publicly owned treatment works in California, in accordance with the procedures for handling of confidential; information specified in Title 17, California Code of Regulations, sections 91000-91022. (A) On or before July 1, 2002, the Executive Officer shall evaluate the information, along with data on influent and effluent levels of perchloroethylene as reported by publicly-owned treatment works personnel and any other relevant information, to determine if it is likely that publicly-owned treatment works are experiencing increased levels of perchloroethylene, relative to 1996 levels, that can be attributed to consumer products which contain perchloroethylene. (B) If the Executive Officer determines that it is likely that increased perchloroethylene levels at the publicly-owned treatment works are caused by increased levels of perchloroethylene in consumer products subject to this regulation, then the Executive Officer shall, in conjunction with the publicly-owned treatment works and other appropriate parties, implement measures which are feasible, appropriate, and necessary for reducing perchloroethylene levels at the publicly-owned treatment works. Note: Authority cited: Sections 39600, 39601, 41511 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000, 41511 and 41712, Health and Safety Code. s 94514. Variances. (a) Applications for variances. Any person who cannot comply with the requirements set forth in Section 94509 because of extraordinary reasons beyond the person's reasonable control may apply in writing to the Executive Officer for a variance. The variance application shall set forth: (1) the specific grounds upon which the variance is sought; (2) the proposed date(s) by which compliance with the provisions of Section 94509 will be achieved; (3) a compliance report reasonably detailing the method(s) by which compliance will be achieved; and (4) for applicants requesting a variance from the June 1, 1999 55 percent VOC standard for hairspray products, the variance application shall also include a plan describing how the applicant will mitigate the excess VOC emissions that would be emitted during the period of the variance. (b) Notices and public hearings for variances. Upon receipt of a variance application containing the information required in subsection (a), the Executive Officer shall hold a public hearing to determine whether, under what conditions, and to what extent, a variance from the requirements in Section 94509 is necessary and will be permitted. A hearing shall be initiated no later than 75 days after receipt of a variance application. Notice of the time and place of the hearing shall be sent to the applicant by certified mail not less than 30 days prior to the hearing. Notice of the hearing shall also be submitted for publication in the California Regulatory Notice Register and sent to every person who requests such notice, not less than 30 days prior to the hearing. The notice shall state that the parties may, but need not be, represented by counsel at the hearing. At least 30 days prior to the hearing, the variance application shall be made available to the public for inspection. Interested members of the public shall be allowed a reasonable opportunity to testify at the hearing and their testimony shall be considered. (c) Treatment of confidential information. Information submitted to the Executive Officer by a variance applicant may be claimed as confidential, and such information shall be handled in accordance with the procedures specified in Title 17, California Code of Regulations, Sections 91000-91022. The Executive Officer may consider such confidential information in reaching a decision on a variance application. (d) Necessary findings for granting variances. No variance shall be granted unless all of the following findings are made: (1) that, because of reasons beyond the reasonable control of the applicant, requiring compliance with Section 94509 would result in extraordinary economic hardship. (2) that the public interest in mitigating the extraordinary hardship to the applicant by issuing the variance outweighs the public interest in avoiding any increased emissions of air contaminants which would result from issuing the variance. (3) that the compliance report proposed by the applicant can reasonably be implemented, and will achieve compliance as expeditiously as possible. (e) Variance orders. Any variance order shall specify a final compliance date by which the requirements of Section 94509 will be achieved. Any variance order shall contain a condition that specifies increments of progress necessary to assure timely compliance, and such other conditions that the Executive Officer, in consideration of the testimony received at the hearing, finds necessary to carry out the purposes of Division 26 of the Health and Safety Code. (f) Situations in which variances shall cease to be effective. A variance shall cease to be effective upon failure of the party to whom the variance was granted to comply with any term or condition of the variance. (g) Modification and revocation of variances. Upon the application of any person, the Executive Officer may review, and for good cause, modify or revoke a variance from requirements of Section 94509 after holding a public hearing in accordance with the provisions of subsection (b). (h) Special conditions in variance orders for hairspray products. In imposing conditions in variance orders granted from the June 1, 1999 55 percent VOC standard for hairspray products, the Executive Officer, in addition to any other conditions that may be imposed, shall require the applicant to mitigate the excess VOC emissions that would be emitted during the period of the variance. If this mitigation requirement would result in an extraordinary economic hardship to the applicant, or if other good cause exists, the Executive Officer may waive all or part of this requirement. Note: Authority cited: Sections 39600, 39601 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code. s 94515. Test Methods. (a)(1) VOC content determination using ARB Method 310. Testing to determine compliance with the requirements of this article shall be performed using Air Resources Board Method 310, Determination of Volatile Organic Compounds (VOC) in Consumer Products, adopted September 25, 1997 and as last amended on May 5, 2005, which is incorporated herein by reference. Alternative methods which are shown to accurately determine the concentration of VOCs in a subject product or its emissions may be used upon approval of the Executive Officer. (2) In sections 3.5, 3.6, and 3.7 of Air Resources Board (ARB) Method 310, a process is specified for the "Initial Determination of VOC Content" and the "Final Determination of VOC Content". This process is an integral part of testing procedures set forth in ARB Method 310, and is reproduced below: Sections 3.5, 3.6, and 3.7 of Air Resources Board Method 310 3.5Initial Determination of VOC Content.The Executive Officer will determine the VOC content pursuant to sections 3.2 and 3.3. Only those components with concentrations equal to or greater than 0.1 percent by weight will be reported. 3.5.1 Using the appropriate formula specified in section 4.0, the Executive Officer will make an initial determination of whether the product meets the applicable VOC standards specified in ARB regulations. If initial results show that the product does not meet the applicable VOC standards, the Executive Officer may perform additional testing to confirm the initial results. 3.5.2 If the results obtained under section 3.5.1 show that the product does not meet the applicable VOC standards, the Executive Officer will request the product manufacturer or responsible party to supply product formulation data. The manufacturer or responsible party shall supply the requested information. Information submitted to the ARB Executive Officer may be claimed as confidential; such information will be handled in accordance with the confidentiality procedures specified in Title 17, California Code of Regulations, sections 91000 to 91022. 3.5.3 If the information supplied by the manufacturer or responsible party shows that the product does not meet the applicable VOC standards, then the Executive Officer will take appropriate enforcement action. 3.5.4 If the manufacturer or responsible party fails to provide formulation data as specified in section 3.5.2, the initial determination of VOC content under this section 3.5 shall determine if the product is in compliance with the applicable VOC standards. This determination may be used to establish a violation of ARB regulations. 3.6 Determination of the LVP-VOC status of compounds and mixtures. This section does not apply to antiperspirants and deodorants or aerosol coating products because there is no LVP-VOC exemption for these products. 3.6.1 Formulation data. If the vapor pressure is unknown, the following ASTM methods may be used to determine the LVP-VOC status of compounds and mixtures: ASTM D 86-01, ASTM D 850-00, ASTM D 1078-01, ASTM D 2879-97, as modified in Appendix B to this Method 310, ASTM D 2887-01 as ASTM E 1719-97. 3.6.2 LVP-VOC status of "compounds" or "mixtures." The Executive Officer will test a sample of the LVP-VOC used in the product formulation to determine the boiling point for a compound or for a mixture. If the boiling point exceeds 216 <> C, the compound or mixture is an LVP-VOC. If the boiling point is less than 216 <> C, then the weight percent of the mixture which boils above 216 <> C is an LVP-VOC. The Executive Officer will use the nearest 5 percent distillation cut that is greater than 216 <> C as determined under 3.6.1 to determine the percentage of the mixture qualifying as an LVP-VOC. 3.6.3 Reference method for identification of LVP-VOC compounds and mixtures. If a product does not qualify as an LVP-VOC under 3.6.2, the Executive Officer will test a sample of the compound or mixture used in a products formulation utilizing one or both of the following: ASTM D 2879-97, as modified in Appendix B to this Method 310, and ASTM E 1719-97, to determine if the compound or mixture meets the requirements of Titles 17, CCR, section 94508(a)(91)(A). 3.7Final Determination of VOC Content. If a product's compliance status is not satisfactorily resolved under sections 3.5 and 3.6, the Executive Officer will conduct further analyses and testing as necessary to verify the formulation data. 3.7.1 If the accuracy of the supplied formulation data is verified and the product sample is determined to meet the applicable VOC standards, then no enforcement action for violation of the VOC standards will be taken. 3.7.2 If the Executive Officer is unable to verify the accuracy of the supplied formulation data, then the Executive Officer will request the product manufacturer or responsible party to supply information to explain the discrepancy. 3.7.3 If there exists a discrepancy that cannot be resolved between the results of Method 310 and the supplied formulation data, then the results of Method 310 shall take precedence over the supplied formulation data. The results of Method 310 shall then determine if the product is in compliance with the applicable VOC standards, and may be used to establish a violation of ARB regulations. (b) VOC content determinations using product formulation and records. Testing to determine compliance with the requirements of this article may also be demonstrated through calculation of the VOC from records of the amounts of constituents used to make the product, pursuant to the following criteria: (1) Compliance determination based on these records may not be used unless the manufacturer of a consumer product keeps accurate records for each day of production of the amounts and chemical composition of the individual product constituents. These records must be kept for at least three years. (2) For the purpose of this section 94515(b), the VOC content shall be calculated according to the following equation: B - C VOC Content = ------- X 100 A where, A = total net weight of unit (excluding container and packaging) B = total weight of all VOCs, as defined in Section 94508(a), per unit C = total weight of VOCs exempted under Section 94510, per unit (3) If product records appear to demonstrate compliance with the VOC limits, but these records are contradicted by product testing performed using ARB Method 310, the results of ARB Method 310 shall take precedence over the product records and may be used to established a violation of the requirements of this article. (c) Determination of liquid or solid. Testing to determine whether a product is a liquid or solid shall be performed using ASTM D4359-90, which is incorporated by reference herein. (d) Compliance determinations for charcoal lighter material products. Testing to determine compliance with the certification requirements for charcoal lighter material shall be performed using the procedures specified in the South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (February 28, 1991), which is incorporated by reference herein. (e) Testing to determine distillation points of petroleum distillate-based charcoal lighter material shall be performed using ASTM D86-01, which is incorporated by reference herein. (f) Fragrance content determinations for personal fragrance products. Testing to determine the percent by weight of fragrance in personal fragrance products shall be performed according to the Association of Official Analytical Chemists (AOAC) Official Method of Analysis No. 932.11, 1990, "Essential Oil in Flavor Extracts and Toilet Preparations, Babcock Method" (AOAC Official Methods of Analysis, 15th Edition, 1990), which is incorporated by reference herein. (g) No person shall create, alter, falsify, or otherwise modify records in such a way that the records do not accurately reflect the constituents used to manufacture a product, the chemical composition of the individual product, and any other test, processes, or records used in connection with product manufacture. Note: Authority cited: Sections 39600, 39601, 39607, 41511 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 39607, 40000, 41511 and 41712, Health and Safety Code. s 94516. Severability. Each part of this article shall be deemed severable, and in the event that any part of this article is held to be invalid, the remainder of this article shall continue in full force and effect. Note: Authority cited: Sections 39600, 39601 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code. s 94517. Federal Enforceability. For purposes of federal enforceability of this article, the Environmental Protection Agency is not subject to approval determinations made by the Executive Officer under Sections 94511, 94514, and 94515. Within 180 days of a request from a person who has been granted an exemption or variance under Section 94511 or 94514, an exemption or variance meeting the requirements of the Clean Air Act shall be submitted by the Executive Officer to the Environmental Protection Agency for inclusion in the applicable implementation plan approved or promulgated by the Environmental Protection Agency pursuant to Section 110 of the Clean Air Act, 42 U.S.C., Section 7410. Prior to submitting an exemption granted under Section 94511 as a revision to the applicable implementation plan, the Executive Officer shall hold a public hearing on the proposed exemption. Notice of the time and place of the hearing shall be sent to the applicant by certified mail not less than 30 days prior to the hearing. Notice of the hearing shall also be submitted for publication in the California Regulatory Notice Register and sent to the Environmental Protection Agency, every person who requests such notice, and to any person or group of persons whom the Executive Officer believes may be interested in the application. Within 30 days of the hearing the Executive Officer shall notify the applicant of the decision in writing as provided in Section 94511(f). The decision may approve, disapprove, or modify an exemption previously granted pursuant to Section 94511. Note: Authority cited: Sections 39600, 39601, 39602 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 39602, 40000 and 41712, Health and Safety Code. s 94520. Applicability This article shall apply to any person who sells, supplies, offers for sale, applies, or manufactures aerosol coating products for use in the state of California, except as provided in section 94523. Note: Authority cited: Sections 39600, 39601 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code. s 94521. Definitions. (a) For the purposes of this article, the following definitions apply: (1) "Adhesive" means a product used to bond one surface to another. (2) "Aerosol Coating Product" means a pressurized coating product containing pigments or resins that dispenses product ingredients by means of a propellant, and is packaged in a disposable can for hand-held application, or for use in specialized equipment for ground traffic/marking applications. (3) "Anti-Static Spray" means a product used to prevent or inhibit the accumulation of static electricity. (4) "Art Fixative or Sealant" means a clear coating, including art varnish, workable art fixative, and ceramic coating, which is designed and labeled exclusively for application to paintings, pencil, chalk, or pastel drawings, ceramic art pieces, or other closely related art uses, in order to provide a final protective coating or to fix preliminary stages of artwork while providing a workable surface for subsequent revisions. (5) "ASTM" means the American Society for Testing and Materials. (6) "Auto Body Primer" means an automotive primer or primer surfacer coating designed and labeled exclusively to be applied to a vehicle body substrate for the purposes of corrosion resistance and building a repair area to a condition in which, after drying, it can be sanded to a smooth surface. (7) "Automotive Bumper and Trim Product" means a product, including adhesion promoters and chip sealants, designed and labeled exclusively to repair and refinish automotive bumpers and plastic trim parts. (8) "Automotive Underbody Coating" means a flexible coating which contains asphalt or rubber and is designed and labeled exclusively for use on the underbody of motor vehicles to resist rust, abrasion and vibration, and to deaden sound. (9) "Aviation Propeller Coating" means a coating designed and labeled exclusively to provide abrasion resistance and corrosion protection for aircraft propellers. (10) "Aviation or Marine Primer" means a coating designed and labeled exclusively to meet federal specification TT-P-1757. (11) "Base Reactive Organic Gas Mixture" (Base ROG Mixture) means the mixture of reactive organic gases utilized in deriving the MIR scale. (12) "Belt Dressing" means a product applied on auto fan belts, water pump belting, power transmission belting, and industrial and farm machinery belting to prevent slipping, and to extend belt life. (13) "Cleaner" means a product designed and labeled primarily to remove soil or other contaminants from surfaces. (14) "Clear Coating" means a coating which is colorless, containing resins but no pigments except flatting agents, and is designed and labeled to form a transparent or translucent solid film. (15) "Coating Solids" means the nonvolatile portion of an aersol coating product, consisting of the film forming ingredients, including pigments and resins. (16) "Commercial Application" means the use of aerosol coating products in the production of goods, or the providing of services for profit, including touch-up and repair. (17) "Corrosion Resistant Brass, Bronze, or Copper Coating" means a clear coating designed and labeled exclusively to prevent tarnish and corrosion of uncoated brass, bronze, or copper metal surfaces. (18) "Distributor" means any person to whom an aerosol coating product is sold or supplied for the purposes of resale or distribution in commerce, except that manufacturers, retailers, and consumers are not distributors. (19) "Dye" means a product containing no resins which is used to color a surface or object without building a film. (20) "Electrical Coating" means a coating designed and labeled exclusively as such, which is used exclusively to coat electrical components such as wire windings on electric motors to provide insulation and protection from corrosion. (21) "Enamel" means a coating which cures by chemical cross-linking of its base resin and is not resoluble in its original solvent. (22) "Engine Paint" means a coating designed and labeled exclusively to coat engines and their components. (23) "Exact Match Finish, Engine Paint" means a coating which meets all of the following criteria: (A) the product is designed and labeled exclusively to exactly match the color of an original, factory-applied engine paint; (B) the product is labeled with the manufacturer's name for which they were formulated; and (C) the product is labeled with one of the following: (1.) the original equipment manufacturer's (O.E.M.) color code number; (2.) the color name; or (3.) other designation identifying the specific O.E.M. color to the purchaser. (24) "Exact Match Finish, Automotive" means a topcoat which meets all of the following criteria: (A) the product is designed and labeled exclusively to exactly match the color of an original, factory-applied automotive coating during the touch-up of automotive finishes; (B) the product is labeled with the manufacturer's name for which they were formulated; and (C) the product is labeled with one of the following: (1.) the original equipment manufacturer's (O.E.M.) color code number; (2.) the color name; or (3.) other designation identifying the specific O.E.M. color to the purchaser. Not withstanding the foregoing, automotive clear coatings designed and labeled exclusively for use over automotive exact match finishes to replicate the original factory applied finish shall be considered to be automotive exact match finishes. (25) "Exact Match Finish, Industrial" means a coating which meets all of the following criteria: (A) the product is designed and labeled exclusively to exactly match the color of an original, factory-applied industrial coating during the touch-up of manufactured products; (B) the product is labeled with the manufacturer's name for which they were formulated; and (C) the product is labeled with one of the following: (1.) the original equipment manufacturer's (O.E.M.) color code number; (2.) the color name; or (3.) other designation identifying the specific O.E.M. color to the purchaser. (26) "Executive Officer" means the Executive Officer of the Air Resources Board, or her or his delegate. (27) "Flat Paint Products" means a coating which, when fully dry, registers specular gloss less than or equal to 15 on an 85 [FNo] gloss meter, or less than or equal to 5 on a 60 [FNo] gloss meter, or which is labeled as a flat coating. (28) "Flatting Agent" means a compound added to a coating to reduce the gloss of the coating without adding color to the coating. (29) "Floral Spray" means a coating designed and labeled exclusively for use on fresh flowers, dried flowers, or other items in a floral arrangement for the purposes of coloring, preserving or protecting their appearance. (30) "Fluorescent Coating" means a coating labeled as such, which converts absorbed incident light energy into emitted light of a different hue. (31) "Glass Coating" means a coating designed and labeled exclusively for use on glass or other transparent material to create a soft, translucent light effect, or to create a tinted or darkened color while retaining transparency. (32) "Ground Traffic/Marking Coating" means a coating designed and labeled exclusively to be applied to dirt, gravel, grass, concrete, asphalt, warehouse floors, or parking lots. Such coatings must be in a container equipped with a valve and sprayhead designed to direct the spray toward the surface when the can is held in an inverted vertical position. (33) "High Temperature Coating" means a coating, excluding engine paint, which is designed and labeled exclusively for use on substrates which will, in normal use, be subjected to temperatures in excess of 400 [FNo] F. (34) "Hobby/Model/Craft Coating" means a coating which is designed and labeled exclusively for hobby applications and is sold in aerosol containers of 6 ounces by weight or less. (35) "Ingredient" means a component of an aerosol coating product. (36) "Ink" means a fluid or viscous substance used in the printing industry to produce letters, symbols or illustrations, but not to coat an entire surface. (37) "Lacquer" means a thermoplastic film-forming material dissolved in organic solvent, which dries primarily by solvent evaporation, and is resoluble in its original solvent. (38) "Layout Fluid" (or toolmaker's ink) means a coating designed and labeled exclusively to be sprayed on metal, glass or plastic, to provide a glare-free surface on which to scribe designs, patterns or engineering guide lines prior to shaping the piece. (39) "Leather preservative or cleaner" means a leather treatment material applied exclusively to clean or preserve leather. (40) "Lubricant" means a substance such as oil, petroleum distillates, grease, graphite, silicone, lithium, etc., that is used to reduce friction, heat, or wear when applied between surfaces. (41) "Manufacturer" means any person who imports, manufactures, assembles, produces, packages, repackages, or relabels a consumer product. (42) "Marine Spar Varnish" means a coating designed and labeled exclusively to provide a protective sealant for marine wood products. (43) "Maskant" means a coating applied directly to a component to protect surface areas when chemical milling, anodizing, aging, bonding, plating, etching, or performing other chemical operations on the surface of the component. (44) "Maximum Incremental Reactivity" (MIR) means the maximum change in weight of ozone formed by adding a compound to the "Base ROG Mixture" per weight of compound added, expressed to hundredths of a gram (g O3 /g ROC). MIR values for individual compounds and hydrocarbon solvents are specified in sections 94700 and 94701, Title 17, California Code of Regulations. (45) "Metallic Coating" means a topcoat which contains at least 0.5 percent by weight elemental metallic pigment in the formulation, including propellant, and is labeled as "metallic," or with the name of a specific metallic finish such as "gold," "silver," or "bronze." (46) "Mold Release" means a coating applied to molds to prevent products from sticking to the surfaces of the mold. (47) "Multi-Component Kit" means an aerosol paint system which requires the application of more than one component (e.g. foundation coat and top coat), where both components are sold together in one package. (48) "Nonflat Paint Product" means a coating which, when fully dry, registers a specular gloss greater than 15 on an 85 [FNo] gloss meter or greater than five on a 60 [FNo] gloss meter. (49) "Ozone" means a colorless gas with a pungent odor, having the molecular form O3 . (50) "Percent VOC By Weight" means the ratio of the weight of the VOC to the total weight of the product contents expressed as follows: Percent VOC By Weight = (WVOC /Wtotal ) X 100 Where: (A) for products containing no water and no volatile components exempt from the defintion of VOC: Wvoc = the weight of volatile compounds; (B) for products containing water or exempt compounds: WVOC = the weight of volatile compounds, less water, and less compounds exempt from the VOC definition in this section 94521; and (C) Wtotal = the total weight of the product contents. (51) "Photograph Coating" means a coating designed and labeled exclusively to be applied to finished photographs to allow corrective retouching, protection of the image, changes in gloss level, or to cover fingerprints. (52) "Pleasure Craft" means privately owned vessels used for noncommercial purposes. (53) "Pleasure Craft Finish Primer/Surfacer/Undercoater" means a coating designed and labeled exclusively to be applied prior to the application of a pleasure craft topcoat for the purpose of corrosion resistance and adhesion of the topcoat, and which promotes a uniform surface by filling in surface imperfections. (54) "Pleasure Craft Topcoat" means a coating designed and labeled exclusively to be applied to a pleasure craft as a final coat above the waterline and below the waterline when stored out of water. This category does not include clear coatings. (55) "Polyolefin Adhesion Promoter" means a coating designed and labeled exclusively to be applied to a polyolefin or polyolefin copolymer surface of automotive body parts, bumpers, or trim parts to provide a bond between the surface and subsequent coats. (56) "Primer" means a coating labeled as such, which is designed to be applied to a surface to provide a bond between that surface and subsequent coats. (57) "Product-Weighted MIR" (PWMIR) means the sum of all weighted-MIR for all ingredients in a product subject to this article. The PWMIR is the total product reactivity expressed to hundredths of a gram of ozone formed per gram of product (excluding container and packaging) and calculated according to the following equations: (a) Weighted MIR (Wtd-MIR) ingredient = MIX x Weight fraction ingredient, and, (b) Product Weighted MIR = (Wtd-MIR)1 + (Wtd-MIR)2 +...+ (Wtd- MIR)n where, MIR = ingredient MIR, as specified in section 94522(h); Wtd-MIR = MIR of each ingredient in a product multiplied by the weight fraction of that ingredient, as shown in (a); 1,2,3,...,n = each ingredient in the product up to the total n ingredients in the product. (58) "Propellant" means a liquefied or compressed gas that is used in whole or in part, such as a cosolvent, to expel a liquid or any other material from the same self-pressurized container or from a separate container. (59) "Reactivity Limit" means the maximum "product-weighted MIR" allowed in an aerosol coating product that is subject to the limits specified in section 94522(a)(3) for a specific category, expressed as g O3 /g product. (60) "Reactive Organic Compound (ROC)" means any compound that has the potential, once emitted, to contribute to ozone formation in the troposphere. (61) "Responsible Party" means the company, firm, or establishment which is listed on the product's label. If the label lists two companies, firms or establishments, the responsible party is the party which the product was "manufactured for" or "distributed by", as noted on the label. (62) "Retailer" means any person who sells, supplies, or offers aerosol coating products for sale directly to consumers. (63) "Retail Outlet" means any establishment where consumer products are sold, supplied, or offered for sale, directly to consumers. (64) "Rust Converter" means a product designed and labeled exclusively to convert rust to an inert material and which contains a minimum acid content of 0.5 percent by weight, and a maximum coating solids content of 0.5 percent by weight. (65) "Shellac Sealer" means a clear or pigmented coating formulated solely with the resinous secretion of the lac beetle (Laccifer lacca), thinned with alcohol, and formulated to dry by evaporation without a chemical reaction. (66) "Slip-Resistant Coating" means a coating designed and labeled exclusively as such, which is formulated with synthetic grit and used as a safety coating. (67) "Spatter Coating/Multicolor Coating" means a coating labeled exclusively as such wherein spots, globules, or spatters of contrasting colors appear on or within the surface of a contrasting or similar background. (68) "Stain" means a coating which is designed and labeled to change the color of a surface but not conceal the surface. (69) "Upper-Limit Kinetic Reactivity" (ULKR) means the maximum percentage of the emitted ROC which has reacted. For this article, the ULKR is one hundred percent and is used to calculate the ULMIR. (70) "Upper-Limit Mechanistic Reactivity" (ULMR) means the maximum gram(s) of ozone formed per gram of reactive organic compound (ROC) reacting. The ULMR is used to calculate the ULMIR. (71) "Upper-Limit MIR" (ULMIR) means the upper-limit kinetic reactivity (ULKR) multiplied by the upper-limit mechanistic reactivity (ULMR), as calculated using the following equation: ULMIR = Upper Limit KR x Upper Limit MR. The units for ULMIR are g O<>3 /<>g ROC. (72) "Vinyl/Fabric/Leather/Polycarbonate Coating" means a coating designed and labeled exclusively to coat vinyl, fabric, leather, or polycarbonate substrates. (73) "Volatile Organic Compound (VOC)" means any compound containing at least one atom of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, and excluding the following: (A) methane, methylene chloride (dichloromethane), 1,1,1-trichloroethane (methyl chloroform), trichlorofluoromethane (CFC-11), dichlorodifluoromethane (CFC-12), 1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113), 1,2-dichloro-1,1,2,2-tetrafluoroethane (CFC-114), chloropentafluoroethane (CFC-115), chlorodifluoromethane (HCFC-22), 1,1,1-trifluoro-2,2-dichloroethane (HCFC-123), 1,1-dichloro-1-fluoroethane (HCFC-141b), 1-chloro-1,1-difluoroethane (HCFC-142b), 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124), trifluoromethane (HFC-23), 1,1,2,2-tetrafluoroethane (HFC-134), 1,1,1,2-tetrafluoroethane (HFC-134a), pentafluoroethane (HFC-125), 1,1,1-trifluoroethane (HFC-143a), 1,1-difluoroethane (HFC-152a), cyclic, branched, or linear completely methylated siloxanes, the following classes of perfluorocarbons: 1. cyclic, branched, or linear, completely fluorinated alkanes; 2. cyclic, branched, or linear, completely fluorinated ethers with no unsaturations; 3. cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and 4. sulfur-containing perfluorocarbons with no unsaturations and with the sulfur bonds to carbon and fluorine, and (B) the following low-reactive organic compounds which have been exempted by the U.S. EPA: acetone, ethane, methyl acetate parachlorobenzotrifluoride (1-chloro-4-trifluoromethyl benzene), perchloroethylene (tetrachloroethylene). (74) "Webbing/Veiling Coating" means a coating designed and labeled exclusively to provide a stranded to spider webbed appearance when applied. (75) "Weight Fraction" means the weight of an ingredient divided by the total net weight of the product, expressed to thousandths of a gram of ingredient per gram of product (excluding container and packaging). The weight fraction is calculated according to the following equation: Weight of the ingredient Weight Fraction = __________ Total product net weight (excluding container and packaging). (76) "Weld-Through Primer" means a coating designed and labeled exclusively to provide a bridging or conducting effect for corrosion protection following welding. (77) "Wood Stain" means a coating which is formulated to change the color of a wood surface but not conceal the surface. (78) "Wood Touch-Up/Repair/Restoration" means a coating designed and labeled exclusively to provide an exact color or sheen match on finished wood products. (79) "Working Day" means any day between Monday through Friday, inclusive, except for days that are federal holidays. Note: Authority cited: Sections 39600, 39601 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code. s 94522. Limits and Requirements for Aerosol Coating Products. (a)(1) Compliance with Limits. Aerosol coating products manufactured beginning June 1, 2002, for the general coating categories and beginning January 1, 2003, for the specially coating categories shall comply with the reactivity requirements specified in 94522(a)(3). Aerosol coating products manufactured before the effective dates of the reactivity limits specified in section 94522(a)(3) shall comply with the VOC requirements specified in section 94522(a)(2), except for products that are labeled by the manufacturer with the applicable reactivity limit, as provided in section 94524(b)(1)(B). If an aerosol coating product is so labeled, then the product shall comply with the reactivity requirements specified in section 94522(a)(3), regardless of the date on which the product was manufactured. (2) VOC Limits for Aerosol Coating Products. Except as provided in sections 94522(a)(1), 94523 (Exemptions), 94525 (Variances), 94540 through 94555 (Alternative Control Plan), and 94567(a)(1) (Hairspray Credit Program), Title 17, California Code of Regulations, no person shall sell, supply, offer for sale, apply, or manufacture for use in California, any aerosol coating product which, at the time of sale, use, or manufacture, contains volatile organic compounds in excess of the limits specified in the following Table of Standards after the specified effective dates. Table of Standards Percent Volatile Organic Compounds by Weight [FN1] Aerosol Coating Category 1/8/96 General Coatings Clear Coatings 67.0 Flat Paint Products 60.0 Fluorescent Coatings 75.0 Metallic Coatings 80.0 Nonflat Paint Products 65.0 Primers 60.0 Speciality Coatings Art Fixatives or Sealants 95.0 Auto Body Primers 80.0 Automotive Bumper 95.0 and Trim Products Aviation or Marine Primers 80.0 Aviation Propeller Coatings 84.0 Corrosion Resistant Brass, 92.0 Bronze, or Copper Coatings Exact Match Finishes: Engine Enamel 80.0 Automotive 88.0 Industrial 88.0 Floral Sprays 95.0 Glass Coatings 95.0 Ground Traffic/Marking Coatings 66.0 High Temperature Coatings 80.0 Hobby/Model/Craft Coatings: Enamel 80.0 Lacquer 88.0 Clear or Metallic 95.0 Marine Spar Varnishes 85.0 Photograph Coatings 95.0 Pleasure Craft Finish Primers 75.0 Surfacers or Undercoaters Pleasure Craft Topcoats 80.0 Shellac Sealers: Clear 88.0 Pigmented 75.0 Slip-Resistant Coatings 80.0 Spatter/Multicolor Coatings 80.0 Vinyl/Fabric/Leather/Polycarbonate 95.0 Webbing/Veil Coatings 90.0 Weld-Through Primers 75.0 Wood Stains 95.0 Wood Touch-Up, Repair 95.0 or Restoration Coatings [FN1] As specified in section 94522(c), for aerosol coating products containing methylene chloride, the VOC standards specified in this subsection (a) shall apply to the combined percent VOC and methylene chloride by weight. (3) Reactivity Limits for Aerosol Coating Products. (A) Except as provided in sections 94522(a)(1), 94523 (Exemptions) and 94525 (Variances), Title 17, California Code of Regulations, no person shall sell, supply, offer for sale, apply, or manufacture for use in California, any aerosol coating product which, at the time of sale, use, or manufacture, contains reactive organic compounds that have a PWMIR in excess of the limits specified in the following Table of Limits after the specified effective date. Table of Limits Product-Weighted MIR in Grams Ozone per Gram Product (g O<>3/g product) Aerosol Coating Category General Coatings 06/01/2002 Clear Coatings 1.50 Flat Paint Products 1.20 Fluorescent Coatings 1.75 Metallic Coatings 1.90 Nonflat Paint Products 1.40 Primers 1.20 Specialty Coatings 01/01/2003 Art Fixatives or Sealants 1.80 Auto Body Primers 1.55 Automotive Bumper 1.75 and Trim Products Aviation or Marine Primers 2.00 Aviation Propeller Coatings 2.50 Corrosion Resistant Brass, 1.80 Bronze, or Copper Coatings Exact Match Finishes: Engine Enamel 1.70 Automotive 1.50 Industrial 2.05 Floral Sprays 1.70 Glass Coatings 1.40 Ground Traffic/Marking Coatings 1.20 High Temperature Coatings 1.85 Hobby/Model/Craft Coatings: Enamel 1.45 Lacquer 2.70 Clear or Metallic 1.60 Marine Spar Varnishes 0.90 Photograph Coatings 1.00 Pleasure Craft Finish Primers, 1.05 Surfacers or Undercoaters Pleasure Craft Topcoats 0.60 Polyolefin Adhesion Promoters 2.50 Shellac Sealers: Clear 1.00 Pigmented 0.95 Slip-Resistant Coatings 2.45 Spatter/Multicolor Coatings 1.05 Vinyl/Fabric/Leather/Polycarbonate Coatings 1.55 Webbing/Veil Coatings 0.85 Weld-Through Primers 1.00 Wood Stains 1.40 Wood Touch-Up, Repair 1.50 or Restoration Coatings (4) If an aerosol coating product is subject to both a general coating limit and a specialty coating limit, as listed in section 94522(a)(2) or (a)(3), and the product meets all the criteria of the applicable specialty coating category as defined in section 94521, then the specialty coating limit shall apply instead of the general coating limit. (5) Notwithstanding the provisions of sections 94522(a)(4) or 94524(a), high-temperature coatings that contain at least 0.5 percent by weight of an elemental metallic pigment in the formulation, including propellant, shall be subject to the limit specified for metallic coatings. (6) The Alternative Control Plan Regulation (sections 94540-94555) may not be used for aerosol coating products subject to the reactivity limits specified in section 94522(a)(3). (b) Sell-Through Products Subject to the VOC Limits Specified in Section 94522(a)(2). Notwithstanding the provisions of section 94522(a)(1) and (a)(3), an aerosol coating product manufactured prior to each of the effective dates specified for that product in section 94522(a)(3) may be sold, supplied, offered for sale, or applied for up to three years after each of the specified effective dates, provided that the product complies with the limit specified in section 94522(a)(2). This subsection (b) does not apply to any product which does not display on the product container or package the date on which the product was manufactured, or a code indicating such date. (c) Products Containing Methylene Chloride or Trichloroethylene. (1) Requirements for Products Subject to the VOC Limits Specified in Section 94522(a)(2). For any aerosol coating product containing methylene chloride, the VOC standards specified in section 94522(a)(2) shall apply to the combined percent by weight of both volatile compounds, and methylene chloride, calculated as follows: (Percent by weight VOC + Percent by weight methylene chloride) must be less than or equal to the applicable VOC standard. (2) Requirements for Products Subject to the Reactivity Limits Specified in Section 94522(a)(3). (A) For any aerosol coating product subject to the reactivity limits specified in section 94522(a)(3), no person shall sell, supply, offer for sale, apply, or manufacture for use in California any aerosol coating product which contains methylene chloride or trichloroethylene. (B) The requirements of section 94522(c)(2) shall not apply to any aerosol coating product containing methylene chloride or trichloroethylene that is present as an impurity in a combined amount equal to or less than 0.01% by weight of the product. (d) Products Containing Perchloroethylene or Ozone Depleting Substances. (1) Requirements for Products Subject to the VOC Limits Specified in Section 94522(a)(2). For any aerosol coating product subject to the VOC limits specified in section 94522(a)(2), no person shall sell, supply, offer for sale, apply, or manufacture for use in California any aerosol coating product which contains perchloroethylene, or an ozone depleting substance identified by the United States Environmental Protection Agency in the Code of Federal Regulations, 40 CFR Part 82, Subpart A, under Appendices A and B, July 1, 1998. The requirements of this section 94522(d)(1) shall not apply to (A) any existing product formulation that complies with the Table of Standards and was sold in California during calendar year 1992, or (B) any product formulation that was sold in California during calendar year 1992 that is reformulated to meet the Table of Standards, as long as the content of perchloroethylene, or ozone depleting substances, as identified in this section 94522(d), in the reformulated product does not increase. (2) Requirements for Products Subject to the Reactivity Limits Specified in Section 94522(a)(3). (A) Perchloroethylene For any aerosol coating product subject to the reactivity limits specified in section 94522(a)(3), no person shall sell, supply, offer for sale, apply, or manufacture for use in California any aerosol coating product which contains perchloroethylene. (B) Ozone Depleting Substances For any aerosol coating product subject to the reactivity limits specified in section 94522(a)(3), no person shall sell, supply, offer for sale, apply, or manufacture for use in California any aerosol coating product which contains an ozone depleting substance identified by the United States Environmental Protection Agency in the Code of Federal Regulations, 40 CFR Part 82, Subpart A, under Appendices A and B, July 1, 1998. The requirements of this section 94522(d)(2) shall not apply to (1.) any existing product formulation containing an ozone depleting substance that complies with the Table of Limits and was sold in California during calendar year 1997, or (2.) any product formulation containing an ozone depleting substance that was sold in California during calendar year 1997 that is reformulated to meet the Table of Limits, as long as the content of ozone depleting substances, as identified in this section 94522(d)(2), in the reformulated product does not increase. (3) The requirements of section 94522(d)(1) and (d)(2) shall not apply to any aerosol coating product containing perchloroethylene, or an ozone depleting substance as identified in section 94522(d)(1) or (d)(2), that are present as impurities in a combined amount equal to or less than 0.01% by weight of the product. (e) Multicomponent Kits. (1) Requirements for Products Subject to the VOC Limits Specified in Section 94522(a)(2). No person shall sell, supply, offer for sale, apply, or manufacture for use in California any multi-component kit, as defined in section 94521, in which the total weight of VOC and methylene chloride contained in the multi-component kit (Total VOC + MC)actual is greater than the total weight of VOC and methylene chloride that would be allowed in the multi-component kit if each component product in the kit had separately met the applicable VOC standards (Total VOC+ MC)standard as calculated below: (Total VOC + (VOC<>1 x W<>1 ) + (MC<>1 x W<>1 ) + MC)actual = (VOC<>2 x W<>2 ) + (MC<>2 x W<>2 ) + (VOC<>n x W<>n ) +(MC<>n x W<>n ) (Total VOC + (STD<>1 x W<>1 ) +(STD<>2 x W<>2 ) + MC)stamdard (STD<>n x W<>n) = Where: VOC = the percent by weight VOC of the component product MC = the percent by weight methylene chloride of the component product STD = the VOC standard specified in section 94522(a) which applies to the component product. W = the weight of the product contents (excluding container) Subscript 1 denotes the first component product in the kit Subscript 2 denotes the second component product in the kit Subscript n denotes any additional component product (2) Requirements for Products Subject to the Reactivity Limits Specified in Section 94522(a)(3). No person shall sell, supply, offer for sale, apply, or manufacture for use in California any multi-component kit, as defined in section 94521, in which the Kit PWMIR is greater than the Total Reactivity Limit. The Total Reactivity Limit represents the limit that would be allowed in the multi-component kit if each component product in the kit had separately met the applicable Reactivity Limit. The Kit PWMIR and Total Reactivity Limit are calculated as in equations (1), (2) and (3) below: (1) Kit PWMIR = (PWMIR<> x W<>1) + (PWMIR<>(2) x W<> 2 ) +...+ (PWMIR(n) x Wn ) (2) Total Reactivity Limit = (RL<>1 x W<>1 ) + (RL<>2 x W<> 2 ) +...+ (RL<>n x W<>n ) (3) Kit PWMIR 3 Total Reactivity Limit Where: W = the weight of the product contents (excluding container) RL = the Reactivity Limit specified in section 94522(a)(3) Subcsript 1 denotes the first component product in the kit Subscript 2 denotes the second component product in the kit Subscript n denotes any additional component product (f) Products Assembled by Adding Bulk Paint to Aerosol Containers of Propellant. No person shall sell, supply, offer for sale, apply, or manufacture for use in the state of California any aerosol coating product assembled by adding bulk paint to aerosol containers of propellant, unless such products comply with the VOC standards specified in section 94522(a)(2), or with the reactivity limits specified in section 94522(a)(3) for products subject to those limits. (g) Requirements for Lacquer Aerosol Coating Products Subject to the VOC Limits Specified in Section 94522(a)(2). (1) Notwithstanding the provisions of Section 94522(a)(2), lacquer aerosol coating products may be sold, supplied, offered for sale, applied, or manufactured for use in California with a combined VOC and methylene chloride content of up to 80 percent by weight until January 1, 1998. (2) On or after January 1, 1998, all lacquer aerosol coating products sold, supplied, offered for sale, applied, or manufactured for use in California shall comply with the provisions of section 94522(a)(2), except that lacquer aerosol coating products manufactured prior to January 1, 1998 may be sold, supplied, offered for sale, or applied until January 1, 2001, as long as the product displays on the product container or package the date on which the product was manufactured or a code indicating such date. (3) This subsection (g) does not apply to: (A) any lacquer coating product not clearly labeled as such, or (B) any lacquer coating product which is sold, supplied, offered for sale, applied, or manufactured for use in the Bay Area Air Quality Management District (BAAQMD) and is subject to BAAQMD Rule 8-49, or (C) any lacquer coating product that meets the definition of "clear coating" specified in section 94521. (h) Assignment of Maximum Incremental Reactivity (MIR) Values. (1) In order to calculate the PWMIR of aerosol coating products as specified in section 94521(a)(57), the MIR values of product ingredients are assigned as follows: (A) Any ingredient which does not contain carbon is assigned a MIR value of 0.0. (B) Any aerosol coating solid, including but not limited to resins, pigments, fillers, plasticizers, and extenders is assigned a MIR value of 0.0. (C) For any ROC not covered under (1)(A) and (1)(B) of this subsection (h), each ROC is assigned the MIR value set forth in Subchapter 8.6, Article 1, sections 94700 and 94701, Title 17, California Code of Regulations. (D) Except as provided in subsection (h)(3), only ROCs listed in sections 94700 and 94701, Title 17, California Code of Regulations, can be used to comply with the reactivity limits specified in section 94522(a)(3). (E) All individual compounds in an amount equal to or exceeding 0.1 percent shall be considered ingredients in calculating the PWMIR. Such individual compounds shall be considered ingredients whether or not they are reported by the manufacturer pursuant to section 94526(b). (2)(A) The MIR values dated July 18, 2001 shall be used to calculate the PWMIR for aerosol coating products, and these MIR values shall not be changed until June 1, 2007. (B) If a new ROC is added to section 94700 or 94701, then the new ROC may be used in aerosol coating products, and the MIR value for the new ROC shall be used to calculate the PWMIR after the effective date of the MIR value. (3) The MIR value for any aromatic hydrocarbon solvent with a boiling range different from the ranges specified in section 94701(b) shall be assigned as follows: (A) if the solvent dry point is lower than or equal to 420 degrees F, the MIR value specified in section 94701(b) for bin 23 shall be used. (B) if the solvent initial boiling point is higher than 420 degrees F, the MIR value specified in section 94701(b) for bin 24 shall be used. Note: Authority cited: Sections 39600, 39601 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code. s 94523. Exemptions. (a) This article shall not apply to aerosol lubricants, mold releases, automotive underbody coatings, electrical coatings, cleaners, belt dressings, anti-static sprays, layout fluids and removers, adhesives, maskants, rust converters, dyes, inks, and leather preservatives or cleaners. (b) This article shall not apply to any aerosol coating product manufactured in California for shipment and use outside of California. (c) The provisions of this article shall not apply to a manufacturer, distributor, or responsible party who sells, supplies, or offers for sale in California an aerosol coating product that does not comply with the limits specified in section 94522(a)(2) or (a)(3), as long as the manufacturer, distributor, or responsible party can demonstrate both that the aerosol coating product is intended for shipment and use outside of California, and that the manufacturer, distributor, or responsible party has taken reasonable prudent precautions to assure that the aerosol coating product is not distributed to California. This subsection (c) does not apply to aerosol coating products that are sold, supplied, or offered for sale by any person to retail outlets in California. (d) The requirements in sections 94522(a)(2) and (a)(3) prohibiting the application of aerosol coating products that exceed the limits specified in the sections 94522(a)(2) or (a)(3) shall apply only to commercial application of aerosol coating products. Note: Authority cited: Sections 39600, 39601 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code. s 94524. Administrative Requirements. (a) Most Restrictive Limit. Except as otherwise provided in section 94522(a)(4), if anywhere on the container of any aerosol coating product subject to the specified limits in section 94522(a)(2) or (a)(3), or on any sticker or label affixed thereto, or in any sales or advertising literature, any representation is made that the product may be used as, or is suitable for use as a product for which a lower limit is specified, then the lowest applicable limit shall apply. (b) Labeling Requirements. (1) Both the manufacturer and responsible party for each aerosol coating product subject to this article shall ensure that all products clearly display the following information on each product container which is manufactured 90 days or later after the effective date of this article. (A) Products subject to the VOC limits specified in section 94522(a)(2) shall display: 1. the applicable VOC standard for the product that is specified in section 94522(a)(2), expressed as a percentage by weight unless the product is included in an alternative control plan approved by the Executive Officer, as provided in Article 4. Section 94540-94555, Title 17, California Code of Regulations, and the product exceeds the applicable VOC standard; 2. if the product is included in an alternative control plan approved by the Executive Officer, and the product exceeds the applicable VOC standard specified in section 94522(a)(2), the product shall be labeled with the term "ACP" or "ACP product"; 3. the aerosol coating category as defined in section 94521, or an abbreviation of the coating category; and 4. the day, month, and year on which the product was manufactured, or a code indicating such date. (B) Products subject to the reactivity limits specified in section 94522(a)(3) shall display: 1. the applicable reactivity limit for the product that is specified in section 94522(a)(3); 2. the aerosol coating category as defined in section 94521, or an abbreviation of the coating category; and 3. the day, month, and year on which the product was manufactured, or a code indicating such date. (2) The information required in section 94524(b)(1), shall be displayed on the product container such that it is readily observable without removing or disassembling any portion of the product container or packaging. For the purposes of this subsection, information may be displayed on the bottom of a container as long as it is clearly legible without removing any product packaging. (3) No person shall remove, alter, conceal, or deface the information required in section 94524(b)(1) prior to final sale of the product. (4) For any aerosol coating product subject to section 94522(a), if the manufacturer or responsible party uses a code indicating the date of manufacture or an abbreviation of the coating category as defined in section 94521, an explanation of the Code or abbreviation must be filed with the Executive Officer prior to the use of the code or abbreviation. (c) Reporting Requirements (1) Any responsible party for an aerosol coating product subject to this article which is sold, supplied, or offered for sale in California, must supply the Executive Officer of the Air Resources Board with the following information within 90 days of the effective date of this article: the company name, mail address, contact person, and the telephone number of the contact person. For responsible parties who do not manufacture their own aerosol coating products, the responsible party shall also supply the information specified in this subsection (c)(1) for those manufacturers which produce products for the responsible party. The responsible party shall also notify the Executive Officer within 90 days of any change in the information supplied to the Executive Officer pursuant to this subsection (c)(1). (2) Upon 90 days written notice, each manufacturer or responsible party subject to this article shall submit to the Executive Officer a written report with all of the following information for each product they manufacture under their name or another company's name: (A) the brand name of the product; (B) upon request, a copy of the product label; (C) the owner of the trademark or brand names; (D) the product category as defined in section 94521; (E) the annual California sales in pounds per year and the method used to calculate California annual sales; (F) product formulation data: 1. for products subject to the VOC limits specified in section 94522(a)(2), the percent by weight VOC, water, solids, propellant, and any compounds exempt from the definition of VOC as specified in section 94521; 2. for products subject to the reactivity limits specified in section 94522(a)(3), the PWMIR and the weight fraction of all ingredients including: water, solids, each ROC, and any compounds assigned a MIR value of zero as specified in sections 94522(h), 94700, or 94701 [Each ROC must be reported as an ingredient if it is present in an amount greater than or equal to 0.1 percent by weight of the final aerosol coatings formulation. If an individual ROC is present in an amount less than 0.1 percent by weight, then it does not need to be reported as an ingredient. In addition, an impurity that meets the following definition does not need to be reported as an ingredient. For the purpose of this section, an "impurity" means an individual chemical compound present in a raw material which is incorporated into the final aerosol coatings formulation, if the compound is present below the following amounts in the raw material: (i) for individual compounds that are carcinogens, as defined in 29 CFR section 1910.1200(d)(4), each compound must be present in an amount less than 0.1 percent by weight in order to be considered an "impurity." (ii) for all other compounds present in a raw material, a compound must be present in an amount less than 1 percent by weight in order to be considered an "impurity"]; (G) an identification of each product brand name as a "household," "industrial," or "both" product; and (H) any other information necessary to determine the emissions or the product-weighted MIR from aerosol coating products. The information requested in this section (c)(2) may be supplied as an average for a group of aerosol coating products within the same coating category when the products do not vary in VOC content by more then two percent (by weight), and the coatings are based on the same resin type, or the products are color variations of the same product (even if the coatings vary by more than 2 percent in VOC content). (3) Upon written request, the responsible party for aerosol coating products subject to this article shall supply the executive officer with a list of all exempt compounds contained in any aerosol coating product within 15 working days. (d) Treatment of Confidential Information. All information submitted by manufacturers pursuant to section 94524 shall be handled in accordance with the procedures specified in Title 17, California Code of Regulations, sections 91000-91022. (e) Special Reporting Requirements for Perchloroethlene-Containing Aerosol Coatings (1) The requirements of this subsection shall apply to all responsible parties for perchloroethylene-containing aerosol coatings sold or offered for sale in California on or after January 1, 1996. For the purpose of this subsection, "perchloroethylene-containing aerosol coatings" means any aerosol coating that is required to comply with any limit specified in section 94522(a)(2) or (a)(3) and contains 1.0 percent or more by weight (exclusive of the container or packaging) of perchloroethylene (tetrachlorethylene). (2) Reporting Requirements to Establish Baseline. On or before March 1, 1997, or 60 days after the effective date of this subsection (e) (whichever date occurs later), all responsible parties for perchloroethylene-containing aerosol coatings shall report to the Executive Officer the following information for each product: (A) the product brand name and a copy of the product label with legible usage instructions; (B) the product category to which the aerosol coating belongs; (C) the total amount of the aerosol coating sold in California between January 1, 1996 and December 31, 1996, to the nearest pound (exclusive of the container or packaging), and the method used for calculating the California sales; (D) the weight percent, to the nearest 0.10 percent, of perchloroethylene in the aerosol coating; (3) Annual Reporting Requirements. On or before March 1, 1998, March 1, 1999, March 1, 2000, March 1, 2001, and March 1, 2002, all responsible parties subject to the requirements of this subsection shall provide to the Executive Officer an update which reports, for the previous calendar year, any changes in the annual California sales, perchlorethylene content, or any other information provided pursuant to subsections (e)(2)(A) through (e)(2)(D). After March 1, 2002, responsible parties are not required to submit this information unless specifically required to do so by the Executive Officer. (4) Upon request, the Executive Officer shall make the information submitted pursuant to this subsection available to publicly owned treatment works in California, in accordance with the procedures for handling of confidential information specified in Title 17, California Code of Regulations, sections 91000-91022. (A) On or before July 1, 2002, the Executive Officer shall evaluate the information, along with data on influent and effluent levels of perchloroethylene as reported by publicly-owned treatment works and any other relevant information, to determine if it is likely that publicly-owned treatment works are experiencing increased levels of perchloroethylene, relative to 1996 levels, that can be attributed to aerosol coatings which contain perchloroethylene. (B) If the Executive Officer determines that it is likely that increased perchloroethylene levels at the publicly-owned treatment works are caused by increased levels of perchloroethylene in consumer products subject to this regulation, then the Executive Officer shall, in conjunction with the publicly-owned treatment works, implement measures which are feasible, appropriate, and necessary for reducing perchloroethylene levels at the publicly-owned treatment works. Note: Authority cited: Sections 39600, 39601, 41511 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000, 41511 and 41712, Health and Safety Code. s 94525. Variances. (a) Any person who cannot comply with the requirements set forth in Section 94522, because of extraordinary reasons beyond the person's reasonable control may apply in writing to the Executive Officer for a variance. The variance application shall set forth: (1) the specific grounds upon which the variance is sought; (2) the proposed date(s) by which compliance with the provisions of Section 94522 will be achieved, and (3) a compliance report reasonably detailing the method(s) by which compliance will be achieved. (b) Upon receipt of a variance application containing the information required in subsection (a), the Executive Officer shall hold a public hearing to determine whether, under what conditions, and to what extent, a variance from the requirements in Section 94522 is necessary and will be permitted. A hearing shall be initiated no later than 75 working days after receipt of a variance application. Notice of the time and place of the hearing shall be sent to the applicant by certified mail not less than 30 days prior to the hearing. Notice of the hearing shall also be submitted for publication in the California Regulatory Notice Register and sent to every person who requests such notice, not less than 30 days prior to the hearing. The notice shall state that the parties may, but need not be, represented by counsel at the hearing. At least 30 days prior to the hearing, the variance application shall be made available to the public for inspection. Information submitted to the Executive Officer by a variance applicant may be claimed as confidential, and such information shall be handled in accordance with the procedures specified in Title 17, California Code of Regulations, Sections 91000-91022. The Executive Officer may consider such confidential information in reaching a decision on a variance application. Interested members of the public shall be allowed a reasonable opportunity to testify at the hearing and their testimony shall be considered. (c) No variance shall be granted unless all of the following findings are made: (1) that, because of reasons beyond the reasonable control of the applicant, requiring compliance with Section 94522 would result in extraordinary economic hardship. (2) that the public interest in mitigating the extraordinary hardship to the applicant by issuing the variance outweighs the public interest in avoiding any increased emissions of air contaminants which would result from issuing the variance. (3) that the compliance report proposed by the applicant can reasonably be implemented, and will achieve compliance as expeditiously as possible. (d) Any variance order shall specify a final compliance date by which the requirements of Section 94522 will be achieved. Any variance order shall contain a condition that specifies increments of progress necessary to assure timely compliance, and such other conditions that the Executive Officer, in consideration of the testimony received at the hearing, finds necessary to carry out the purposes of Division 26 of the Health and Safety Code. (e) A variance shall cease to be effective upon failure of the party to whom the variance was granted to comply with any term or condition of the variance. (f) Upon the application of any person, the Executive Officer may review, and for good cause, modify or revoke a variance from the requirements of Section 94522 after holding a public hearing in accordance with the provisions of subsection 94525(b). Note: Authority cited: Sections 39600, 39601 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code. s 94526. Test Methods. Compliance with the requirements of this article shall be determined by using the following test methods, which are incorporated by reference herein. Alternative test methods which are shown to accurately determine the VOC content, ingredient name and weight percent of each ingredient, exempt compound content, metal content, specular gloss, or acid content may also be used after approval in writing by the Executive Officer: (a) Testing for Products Subject to the VOC Limits Specified in Section 94522(a)(2). (1) VOC Content. The VOC content of all aerosol coating products subject to the provisions of this article shall be determined by the procedures set forth in "Air Resources Board Method 310, Determination of Volatile Organic Compounds (VOC) in Consumer Products," adopted September 25, 1997 and as last amended on May 5, 2005. (2) In sections 3.5 and 3.7 of Air Resources Board (ARB) Method 310, a process is specified for the "Initial Determination of VOC Content" and the "Final Determination of VOC Content". This process is an integral part of testing procedures set forth in ARB Method 310, and is reproduced below: Sections 3.5 and 3.7 of Air Resources Board Method 310 3.5Initial Determination of VOC Content.The Executive Officer will determine the VOC content pursuant to sections 3.2 and 3.3. Only those components with concentrations equal to or greater than 0.1 percent by weight will be reported. 3.5.1 Using the appropriate formula specified in section 4.0, the Executive Officer will make an initial determination of whether the product meets the applicable VOC standards specified in ARB regulations. If initial results show that the product does not meet the applicable VOC standards, the Executive Officer may perform additional testing to confirm the initial results. 3.5.2 If the results obtained under section 3.5.1 show that the product does not meet the applicable VOC standards, the Executive Officer will request the product manufacturer or responsible party to supply product formulation data. The manufacturer or responsible party shall supply the requested information. Information submitted to the ARB Executive Officer may be claimed as confidential; such information will be handled in accordance with the confidentiality procedures specified in Title 17, California Code of Regulations, sections 91000 to 91022. 3.5.3 If the information supplied by the manufacturer or responsible party shows that the product does not meet the applicable VOC standards, then the Executive Officer will take appropriate enforcement action. 3.5.4 If the manufacturer or responsible party fails to provide formulation data as specified in section 3.5.2, the initial determination of VOC content under this section 3.5 shall determine if the product is in compliance with the applicable VOC standards. This determination may be used to establish a violation of ARB regulations. 3.7Final Determination of VOC Content. If a product's compliance status is not satisfactorily resolved under sections 3.5 and 3.6, the Executive Officer will conduct further analyses and testing as necessary to verify the formulation data. 3.7.1 If the accuracy of the supplied formulation data is verified and the product sample is determined to meet the applicable VOC standards, then no enforcement action for violation of the VOC standards will be taken. 3.7.2 If the Executive Officer is unable to verify the accuracy of the supplied formulation data, then the Executive Officer will request the product manufacturer or responsible party to supply information to explain the discrepancy. 3.7.3 If there exists a discrepancy that cannot be resolved between the results of Method 310 and the supplied formulation data, then the results of Method 310 shall take precedence over the supplied formulation data. The results of Method 310 shall then determine if the product is in compliance with the applicable VOC standards, and may be used to establish a violation of ARB regulations. (b) Testing for Products Subject to the Reactivity Limits Specified in Section 94522(a)(3). (1) The ingredients and the amount of each ingredient of all aerosol coating products subject to the provisions of this article shall be determined by the procedures set forth in "Air Resources Board Method 310, Determination of Volatile Organic Compounds (VOC) in Consumer Products," adopted September 25, 1997 and as last amended on May 5, 2005. (2) Upon written notification from the Executive Officer, the aerosol coating manufacturer shall have 10 working days to provide to the Executive Officer the following information for products selected for testing: (A) the product category as defined in section 94521(a); (B) the PWMIR; (C) the weight fraction of all ingredients including: water, solids, each ROC, and any compound assigned a MIR value of zero as specified in sections 94522(h), 94700, or 94701 [Each ROC must be reported as an ingredient if it is present in an amount greater than or equal to 0.1 percent by weight of the final aerosol coatings formulation. If an individual ROC is present in an amount less than 0.1 percent by weight, then it does not need to be reported as an ingredient. In addition, an impurity that meets the following definition does not need to be reported as an ingredient. For the purpose of this section, an "impurity" means an individual chemical compound present in a raw material which is incorporated into the final aerosol coatings formulation, if the compound is present below the following amounts in the raw material: (i) for individual compounds that are carcinogens, as defined in 29 CFR section 1910.1200(d)(4), each compound must be present in an amount less than 0.1 percent by weight in order to be considered an "impurity." (ii) for all other compounds present in a raw material, a compound must be present in an amount less than 1 percent by weight in order to be considered an "impurity"]. (D) any other information necessary to determine the PWMIR of the aerosol coating products to be tested. (3) Final determination of the PWMIR of the aerosol coatings shall be determined using the information obtained from section 94526(b)(1) and (2). (c) Exempt Compounds from Products Subject to the VOC Limits Specified in Section 94522(a)(2). Compounds exempt from the definition of VOC shall be analyzed according to the test methods listed below: (1) the exempt compound content of aerosol coating products shall be determined by "Air Resources Board Method 310, Determination of Volatile Organic Compounds (VOC) in Consumer Products," adopted September 25, 1997 and as last amended on May 5, 2005, which is incorporated herein by reference. (2) the following classes of compounds will be analyzed as exempt compounds only if manufacturers specify which individual compounds are used in the product formulations and identify the test methods, which, prior to such analysis, have been approved by the Executive Officer of the ARB, and can be used to quantify the amounts of each exempt compound: cyclic, branched, or linear, completely fluorinated alkanes; cyclic, branched, or linear, completely fluorinated ethers with no unsaturations; cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and sulfur-containing perflurorcarbons with no unsaturations and with sulfur bonds only to carbon and fluorine. (d) Metal Content. The metal content of metallic aerosol coating products shall be determined by South Coast Air Quality Management District (SCAQMD) Test Method 318-95 "Determination of Weight Percent Elemental Metal in Coatings by X-ray Diffraction" July, 1996, which is incorporated herein by reference. (e) Specular Gloss. Specular gloss of flat and nonflat coatings shall be determined by ASTM Method D-523-89, March 31, 1989, which is incorporated herein by reference. (f) Acid Content. The acid content of rust converters shall be determined by ASTM Method D-1613-91, "Standard Test Method for Acidity in Volatile Solvents and Chemical Intermediates Used in Paint, Varnish, Lacquer, and Related Products, May 10, 1996, which is incorporated herein by reference. (g) Lacquers. Lacquer aerosol coating products shall be identified according to the procedures specified in ASTM Method D-5043-90, "Standard Test Methods for Field Identification of Coatings," April 27, 1990, which is incorporated herein by reference. Note: Authority cited: Sections 39600, 39601, 39607, 41511 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 39607, 40000, 41511 and 41712, Health and Safety Code. s 94527. Severability. Each part of this article shall be deemed severable, and in the event that any part of this article is held to be invalid, the remainder of this article shall continue in full force and effect. Note: Authority cited: Sections 39600, 39601 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code. s 94528. Federal Enforceability. For purposes of federal enforceability of this article, the United States Environmental Protection Agency is not subject to approval determinations made by the Executive Officer under sections 94525 and 94526. Within 180 days of a request from a person who has been granted a variance under Section 94525, a variance meeting the requirements of the Clean Air Act shall be submitted by the Executive Officer to the Environmental Protection Agency for inclusion in the applicable implementation plan approved or promulgated by the Environmental Protection Agency pursuant to Section 110 of the Clean Air Act, 42 U.S.C., Section 7410. Note: Authority cited: Sections 39600, 39601, 39602 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 39602, 40000 and 41712, Health and Safety Code. s 94540. Purpose. The purpose of this article is to provide an alternative method to comply with the VOC standards for consumer products and aerosol coating products that are specified in Title 17, California Code of Regulations, Division 3, Chapter 1, Subchapter 8.5, Articles 2 and 3, sections 94507-94517 and 94520-94528. This alternative is provided by allowing responsible ACP parties the option of voluntarily entering into separate "alternative control plans" (ACPs) for consumer products and aerosol coating products, as specified in this article. Note: Authority cited: Sections 39600, 39601 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code. s 94541. Applicability. Only responsible ACP parties for consumer products or aerosol coating products may enter into an ACP. An ACP shall include only those consumer products or only those aersol coating products which are subject to the VOC standards specified in sections 94509 or 94522, Title 17, California Code of Regulations. Consumer products and aerosol coating products shall not be included together in the same ACP. Note: Authority cited: Sections 39600, 39601 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code. s 94542. Definitions. (a) For the purposes of this article, the following definitions shall apply: (1) "ACP Emissions" means the sum of the VOC emissions from every ACP product subject to an Executive Order approving an ACP, during the compliance period specified in the Executive Order, expressed to the nearest pound of VOC and calculated according to the following equation: ACP Emissions = (Emissions)1 + (Emissions)2 +...+ (Emissions)N where, Emissions = [VOC Content] x [Enforceable Sales] ---------------------------------- 100 For all products except for charcoal lighter material products and aerosol coating products: VOC Content = [(B - C) x 100] --------------- A A = net weight of unit (excluding container and packaging) B = total weight of all VOCs per unit, as defined in subsection (a)(31) of this section C = total weight of all exempted VOCs per unit, as specified in section 94510 For charcoal lighter material products only: VOC Content = [Certified Emissions x 100] -------------------------- Certified Use Rate Certified Emissions = the emission level for products approved by the Executive Officer under section 94509(h), as determined pursuant to South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (Feb. 27, 1991), expressed to the nearest 0.001 pound CH 2 per start. Certified Use Rate = the usage level for products approved by the Executive Officer under section 94509(h), as determined pursuant to South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (Feb. 27, 1991), expressed to the nearest 0.001 pound certified product used per start. For aersol coating products only: VOC Content = Percent VOC By Weight "Percent VOC By Weight" shall have the same meaning as defined in section 94521(a)(46); For all products: Enforceable Sales = the total amount of an ACP product sold for use in California, during the applicable compliance period specified in the Executive Order approving an ACP, as determined through enforceable sales records (expressed to the nearest pound, excluding container and packaging). 1,2,...N = each product in an ACP up to the maximum N. (2) "ACP Limit" means the maximum allowable ACP Emissions during the compliance period specified in an Executive Order approving an ACP, expressed to the nearest pound of VOC and calculated according to the following equation: ACP Limit = (Limit)1 + (Limit)2 +...+ (Limit)N where, Limit = [ACP Standard] x [Enforceable Sales] ----------------------------------- 100 Enforceable Sales = the total amount of an ACP product sold for use in California, during the applicable compliance period specified in the Executive Order approving an ACP, as determined through enforceable sales records (expressed to the nearest pound, excluding container and packaging). ACP Standard = either the ACP product's Pre-ACP VOC Content or the applicable VOC standard specified in sections 94509 or 94522, whichever is the lesser of the two. Pre-ACP VOC Content = the lowest VOC content which the ACP product had between January 1, 1990 and the date on which the application for a proposed ACP is submitted to the Executive Officer, based on either the data on the product obtained from the March 12, 1991 Air Resources Board Consumer Products Survey, the data on the product obtained from the February 25, 1993 Air Resources Board Aerosol Paint Survey, or other accurate records available to the Executive Officer, whichever yields the lowest VOC content for the product. 1,2,...N = each product in an ACP up to the maximum N. (3) "ACP Product" means any "consumer product" or any "aerosol coating product" subject to the VOC standards specified in sections 94509 or 94522, except those products that have been exempted under sections 94510 or 94523, or exempted as Innovative Products under section 94511. (4) "ACP Reformulation" or "ACP Reformulated" means the process of reducing the VOC Content of an ACP product, within the period that an ACP is in effect, to a level which is less than the current VOC content of the product. (5) "ACP Standard" means either the ACP product's Pre-ACP VOC Content or the applicable VOC standard specified in sections 94509 or 94522, whichever is the lesser of the two. (6) "Alternative Control Plan" or "ACP" means any emissions averaging program approved by the Executive Officer pursuant to the provisions of this article. (7) "Compliance Period" means the period of time, not to exceed one year, for which the ACP Limit and ACP Emissions are calculated and for which compliance with the ACP Limit is determined, as specified in the Executive Order approving an ACP. (8) "Contact Person" means a representative(s) that has been designated by the responsible ACP party for the purpose of reporting or maintaining any information specified in the Executive Order approving an ACP. (9) "Date-Code" means the day, month and year on which the ACP product was manufactured, filled, or packaged, or a code indicating such a date. (10) "Enforceable Sales" means the total amount of an ACP product sold for use in California, during the applicable compliance period specified in the Executive Order approving an ACP, as determined through enforceable sales records (expressed to the nearest pound, excluding product container and packaging). (11) "Enforceable Sales Record" means a written, point-of-sale record or any other Executive Officer-approved system of documentation from which the mass, in pounds (less product container and packaging), of an ACP product sold to the end user in California during the applicable compliance period can be accurately documented. For the purposes of this article, "enforceable sales records" include, but are not limited to, the following types of records: (A) accurate records of direct retail or other outlet sales to the end user during the applicable compliance period; (B) accurate compilations, made by independent market surveying services, of direct retail or other outlet sales to the end users for the applicable compliance period, provided that a detailed method which can be used to verify any data comprising such summaries is submitted by the responsible ACP party and approved by the Executive Officer; (C) any other accurate product sales records approved by the Executive Officer as meeting the criteria specified in this subsection (a)(11). (D) for pesticides only, accurate mill assessment records for economic poisons, verified by the California Department of Pesticide Regulations, which cover the sales of ACP pesticide products during the applicable compliance period. (12) "Executive Order" means the document signed by the Executive Officer which includes the conditions and requirements of the ACP, and which allows manufacturers to sell ACP products in California pursuant to the requirements of this article. (13) "Gross California Sales" means the estimated total California sales of an ACP product during a specific compliance period (expressed to the nearest pound), based on either of the following methods, whichever the responsible ACP party demonstrates to the satisfaction of the Executive Officer will provide an accurate California sales estimate: (A) apportionment of national or regional sales of the ACP product to California sales, determined by multiplying the average national or regional sales of the product by the fraction of the national or regional population, respectively, that is represented by California's current population; or (B) any other documented method which provides an accurate estimate of the total current California sales of the ACP product. (14) "LVP" or "LVP Compound" means a low vapor pressure VOC which: (A) has a vapor pressure less than 0.1 mm Hg at 20 degrees Centigrade, or (B) if the vapor pressure is unknown, has more than 12 carbon atoms. (15) "LVP Content" means the total weight, in pounds, of LVP compounds in an ACP product multiplied by 100 and divided by the product's total net weight (in pounds, excluding container and packaging), expressed to the nearest 0.1. (16) "Missing Data Days" means the number of days in a compliance period for which the responsible ACP party has failed to provide the required Enforceable Sales or VOC Content data to the Executive Officer, as specified in the Executive Order approving an ACP. (17) "One-product business" means a responsible ACP party which sells, supplies, offers for sale, or manufactures for use in California: (A) only one distinct ACP product, sold under one product brand name, which is subject to the requirements of sections 94509 or 94522, or (B) only one distinct ACP product line subject to the requirements of sections 94509 or 94522, in which all the ACP products belong to the same product category(ies) and the VOC Contents in the products are within 98.0% and 102.0% of the arithmetic mean of the VOC Contents over the entire product line. (18) "Pre-ACP VOC Content" means the lowest VOC content of an ACP product between January 1, 1990 and the date on which the application for a proposed ACP is submitted to the Executive Officer, based on either the data on the product obtained from the March 12, 1991 Air Resources Board Consumer Products Survey, the data on the product obtained from the February 25, 1993 Air Resources Board Aerosol Paint Survey, or other accurate records available to the Executive Officer, whichever yields the lowest VOC content for the product. (19) "Product Line" means a group of products of identical form and function belonging to the same product category(ies). (20) "Reconcile" or "Reconciliation" means to provide sufficient VOC emission reductions to completely offset any shortfalls generated under the ACP during an applicable compliance period. (21) "Reconciliation of Shortfalls Plan" means the plan to be implemented by the responsible ACP party when shortfalls have occurred, as approved by the Executive Officer pursuant to section 94543(a)(7)(J). (22) "Responsible ACP Party" means the company, firm or establishment which is listed on the ACP product's label. If the label lists two or more companies, firms, or establishments, the "responsible ACP party" is the party which the ACP product was "manufactured for" or "distributed by", as noted on the label. (23) "Retail Outlet" means any establishment at which consumer products are sold, supplied, or offered for sale directly to consumers. (24) "Shortfall" means the ACP Emissions minus the ACP Limit when the ACP Emissions were greater than the ACP Limit during a specified compliance period, expressed to the nearest pound of VOC. "Shortfall" does not include emissions occurring prior to the date that the Executive Order approving an ACP is signed by the Executive Officer. (25) "Small Business" shall have the same meaning as defined in Government Code Section 11342(h). (26) "Surplus Reduction" means the ACP Limit minus the ACP Emissions when the ACP Limit was greater than the ACP Emissions during a given compliance period, expressed to the nearest pound of VOC. Except as provided in section 94547(c), "Surplus Reduction" does not include emissions occurring prior to the date that the Executive Order approving an ACP is signed by the Executive Officer. (27) "Surplus Trading" means the buying, selling, or transfer of Surplus Reductions between responsible ACP parties. (28) "Total Maximum Historical Emissions" (TMHE), means the total VOC emissions from all ACP products for which the responsible ACP party has failed to submit the required VOC Content or Enforceable Sales records. The TMHE shall be calculated for each ACP product during each portion of a compliance period for which the responsible ACP has failed to provide the required VOC Content or Enforceable Sales records. The TMHE shall be expressed to the nearest pound and calculated according to the following calculation: TMHE = (MHE)1 + (MHE)2 +...+ (MHE)N MHE = [Highest VOC Content x Highest Sales] x Missing Data Days ------------------------------------- 100 x 365 where, Highest VOC Content = the maximum VOC content which the ACP product has contained in the previous 5 years, if the responsible ACP party has failed to meet the requirements for reporting VOC Content data (for any portion of the compliance period), as specified in the Executive Order approving the ACP, or the current actual VOC Content, if the responsible ACP party has provided all required VOC Content data (for the entire compliance period), as specified in the Executive Order. Highest Sales = the maximum one-year Gross California Sales of the ACP product in the previous 5 years, if the responsible ACP party has failed to meet the requirements for reporting Enforceable Sales records (for any portion of the compliance period), as specified in the Executive Order approving the ACP, or the current actual one-year Enforceable Sales for the product, if the responsible ACP party has provided all required Enforceable Sales records (for the entire compliance period), as specified in the Executive Order approving the ACP. Missing Data Days = the number of days in a compliance period for which the responsible ACP party has failed to provide the required Enforceable Sales or VOC Content data as specified in the Executive Order approving an ACP. 1, 2, ..., N = each product in an ACP, up to the maximum N, for which the responsible ACP party has failed to submit the required Enforceable Sales or VOC Content data as specified in the Executive Order approving an ACP. (29) "VOC Content" means the total weight of VOC in a product, expressed to the nearest 0.1 pounds of VOC per 100 pounds of product and calculated according to the following equation: For all products except for charcoal lighter material products and aerosol coating products: VOC Content = [(B - C) x 100] ---------------- A A = net weight of unit (excluding container and packaging) B = total weight of all VOCs per unit, as defined in section 94542(a)(31) C = total weight of all exempted VOCs per unit, as specified in section 94510 For charcoal lighter material products only, VOC Content = [Certified Emissions x 100] ---------------------------- Certified Use Rate Certified Emissions = the emissions level for products approved by the Executive Officer under section 94509(h), as determined pursuant to South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (Feb. 27, 1991), expressed to the nearest 0.001 pound CH 2 per start. Certified Use Rate = the usage level for products approved by the Executive Officer under section 94509(h), as determined pursuant to South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (Feb. 27, 1991), expressed to the nearest 0.001 pound certified product used per start. For aerosol coating products only: VOC Content = Percent VOC By Weight "Percent VOC By Weight" shall have the same meaning as defined in section 94521(a)(46). (30) "VOC Standard" means the maximum allowable VOC content for an ACP product, determined as follows: (A) the applicable VOC Standard specified in sections 94509 or 94522, for all ACP products except for charcoal lighter material; (B) for charcoal lighter material products only, the VOC Standard for the purposes of this article shall be calculated according to the following equation: VOC Standard = [0.020 pound CH2 per start x 100] --------------------------------- Certified Use Rate where, 0.020 = the certification emissions level for the Executive Officer-approved product, as specified in section 94509(h). Certified Use Rate = the usage level for products approved by the Executive Officer under section 94509(h), as determined pursuant to South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (Feb. 27, 1991), expressed to the nearest 0.001 pound certified product used per start. (31) "Volatile Organic Compound" or "VOC" shall have the same meaning as defined in section 94508(a)(90). (32) "Working Day" means any day between Monday through Friday, inclusive, except for days that are federal holidays. (b) The definitions set forth in sections 94508 and 94521, Title 17, California Code of Regulations, shall also apply to this article. Note: Authority cited: Sections 39600, 39601 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code. s 94543. Requirements and Process for Approval of an ACP. (a) To be considered by the Executive Officer for approval, an application fora proposed ACP shall be submitted in writing to the Executive Officer by the responsible ACP party and shall contain all of the following: (1) an identification of the contact persons, phone numbers, names and addresses of the responsible ACP party which is submitting the ACP application and will be implementing the ACP requirements specified in the Executive Order; (2) a statement of whether the responsible ACP party is a small business or a one-product business, as defined in section 94542(a)(17) and (25); (3) a listing of the exact product brand name, form, available variations (flavors, scents, colors, sizes, etc.), and applicable product category(ies) for each distinct ACP product that is proposed for inclusion in the ACP; (4) for each proposed ACP product identified in subsection (a)(3) of this section, a demonstration to the satisfaction of the Executive Officer that the enforceable sales records to be used by the responsible ACP party for tracking product sales meet the minimum criteria specified in subsection (a)(4)(E) of this section. To provide this demonstration, the responsible ACP party shall do all of the following: (A) provide the contact persons, phone numbers, names, street and mail addresses of all persons and businesses who will provide information that will be used to determine the Enforceable Sales; (B) determine the Enforceable Sales of each product using enforceable sales records as defined in section 94542(a)(11); (C) demonstrate, to the satisfaction of the Executive Officer, the validity of the Enforceable Sales based on enforceable sales records provided by the contact persons or the responsible ACP party; (D) calculate the percentage of the Gross California Sales, as defined in section 94542(a)(13) which is comprised of Enforceable Sales; (E) determine which ACP products have Enforceable Sales which are 75.0% or more of the Gross California Sales. Only ACP products meeting this criteria shall be allowed to be sold in California under an ACP. (5) for each of the ACP products identified in subsection (a)(4)(E) of this section, the inclusion of the following: (A) legible copies of the existing labels for each product; (B) the VOC Content and LVP Content for each product. The VOC Content and LVP Content shall be reported for two different periods, as follows: 1. the VOC and LVP contents of the product at the time the application for an ACP is submitted, and 2. any VOC and LVP contents of the product, which have occurred at any time within the four years prior to the date of submittal of the application for an ACP, if either the VOC or LVP contents have varied by more than plus/minus ten percent (+ 10.0%) of the VOC or LVP Contents reported in subsection (a)(5)(B)1. of this section. (6) a written commitment obligating the responsible ACP party to date-code every unit of each ACP product approved for inclusion in the ACP. The commitment shall require the responsible ACP party to display the date-code on each ACP product container or package no later than 5 working days after the date an Executive Order approving an ACP is signed by the Executive Officer. (7) an operational plan covering all the products identified under subsection (a)(4)(E) of this section for each compliance period that the ACP will be in effect. The operational plan shall contain all of the following: (A) an identification of the compliance periods and dates for the responsible ACP party to report the information required by the Executive Officer in the Executive Order approving an ACP. The length of the compliance period shall be chosen by the responsible ACP party provided, however, that no compliance period shall be longer than 365 days. The responsible ACP party shall also choose the dates for reporting information such that all required VOC Content and Enforceable Sales data for all ACP products shall be reported to the Executive Officer at the same time and at the same frequency; (B) an identification of specific enforceable sales records to be provided to the Executive Officer for enforcing the provisions of this article and the Executive Order approving an ACP. The enforceable sales records shall be provided to the Executive Officer no later than the compliance period dates specified in subsection (a)(7)(A) of this section; (C) for a small business or a one-product business which will be relying to some extent on Surplus Trading to meet its ACP Limits, a written commitment from the responsible ACP party(ies) that they will transfer the Surplus Reductions to the small business or one-product business upon approval of the ACP; (D) for each ACP product, all VOC content levels which will be applicable for the ACP product during each compliance period. The plan shall also identify the specific method(s) by which the VOC Content will be determined and the statistical accuracy and precision (repeatability and reproducibility) calculated for each specified method; (E) the projected Enforceable Sales for each ACP product at each different VOC Content for every compliance period that the ACP will be in effect; (F) a detailed demonstration showing the combination of specific ACP reformulations or Surplus Trading (if applicable) that is sufficient to ensure that the ACP Emissions will not exceed the ACP Limit for each compliance period that the ACP will be in effect, the approximate date within each compliance period that such reformulations or Surplus Trading are expected to occur, and the extent to which the VOC Contents of the ACP products will be reduced (i.e., by ACP reformulation). This demonstration shall use the equations specified in section 94542(a)(1) and (a)(2) for projecting the ACP Emissions and ACP Limits during each compliance period. This demonstration shall also include all VOC Content levels and projected Enforceable Sales for all ACP products to be sold in California during each compliance period; (G) a certification that all reductions in the VOC Content of a product will be real, actual reductions that do not result from changing product names, mischaracterizing ACP product reformulations that have occurred in the past, or any other attempts to circumvent the provisions of this article; (H) written explanations of the date-codes that will be displayed on each ACP product's container or packaging; (I) a statement of the approximate dates by which the responsible ACP party plans to meet the applicable VOC standards for each product in the ACP; (J) an operational plan ( "reconciliation of shortfalls plan") which commits the responsible ACP party to completely reconcile any shortfalls in any and all cases, even, to the extent permitted by law, if the responsible ACP party files for bankruptcy protection. The plan for reconciliation of shortfalls shall contain all of the following: 1. a clear and convincing demonstration of how shortfalls of up to 5%, 10%, 15%, 25%, 50%, 75% and 100% of the applicable ACP Limit will be completely reconciled within 90 working days from the date the shortfall is determined; 2. a listing of the specific records and other information that will be necessary to verify that the shortfalls were reconciled as specified in this subsection (a)(7)(J); 3. a commitment to provide any record or information requested by the Executive Officer to verify that the shortfalls have been completely reconciled. (8) a statement, signed by a legal representative for the responsible ACP party, that all information and operational plans submitted with the ACP application are true and correct. (b)(1) In accordance with the time periods specified in section 94544, the Executive Officer shall issue an Executive Order approving an ACP which meets the requirements of this article. The Executive Officer shall specify such terms and conditions as are necessary to ensure that the emissions from the ACP products do not exceed the emissions that would have occurred if the ACP products subject to the ACP had met the VOC standards specified in section 94509 or the VOC standards specified in section 94522, whichever are applicable. The ACP shall also include: (A) only those ACP products for which the Enforceable Sales are at least 75.0% of the Gross California Sales, as determined in subsection (a)(4)(E) of this section. (B) a reconciliation of shortfalls plan meeting the requirements of this article; (C) operational terms, conditions, and data to be reported to the Executive Officer to ensure that all requirements of this article are met. (2) The Executive Officer shall not approve an ACP submitted by a responsible ACP party if the Executive Officer determines, upon review of the responsible ACP party's compliance history with past or current ACPs or the requirements for consumer products or the requirements for aerosol coating products (specified in sections 94507-94517 and sections 94520-94528, Title 17, California Code of Regulations), that the responsible ACP party has a recurring pattern of violations and has consistently refused to take the necessary steps to correct those violations. Note: Authority cited: Sections 39600, 39601, 41511 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000, 41511 and 41712, Health and Safety Code. s 94544. ACP Approval Timeframes. (a) The Executive Officer shall take appropriate action on an ACP within the following time periods: (1) Within 30 working days of receipt of an ACP application, the Executive Officer shall inform the applicant in writing that either: (A) the application is complete and accepted for filing, or (B) the application is deficient, and identify the specific information required to make the application complete. (2) Within 30 working days of receipt of additional information provided in response to a determination that an ACP application is deficient, the Executive Officer shall inform the applicant in writing that either: (A) the additional information is sufficient to make the application complete, and the application is accepted for filing, or (B) the application is deficient, and identify the specific information required to make the application complete. (3) If the Executive Officer finds that an application meets the requirements of section 94543 of this article, then he or she shall issue an Executive Order in accordance with the requirements of this article. The Executive Officer shall act to approve or disapprove a complete application within 90 working days after the application is deemed complete. (b) Before the end of each time period specified in this section, the Executive Officer and the responsible ACP party may mutually agree to a longer time period for the Executive Officer to take the appropriate action. Note: Authority cited: Sections 39600, 39601, 41511 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000, 41511 and 41712, Health and Safety Code; and Section 15376, Government Code. s 94545. Recordkeeping and Availability of Requested Information. (a) All information specified in the Executive Order approving an ACP shall be maintained by the responsible ACP party for a minimum of three years after such records are generated. Such records shall be clearly legible and maintained in good condition during this period. (b) The records specified in subsection (a) of this section shall be made available to the Executive Officer or his or her authorized representative: (1) immediately upon request, during an on-site visit to a responsible ACP party, or (2) within five working days after receipt of a written request from the Executive Officer, or (3) within a time period mutually agreed upon by both the Executive Officer and the responsible ACP party. Note: Authority cited: Sections 39600, 39601, 41511 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000, 41511 and 41712, Health and Safety Code. s 94546. Violations. (a) Any person who commits a violation of this article is subject to the penalties specified in Health and Safety Code, section 42400 et seq. Failure to meet any requirement of this article or any condition of an applicable Executive Order shall constitute a single, separate violation of this article for each day until such requirement or condition is satisfied, except as otherwise provided in subsections (b) through (h) of this section. (b) False reporting of any information contained in an ACP application, or any supporting documentation or amendments thereto, shall constitute a single, separate violation of the requirements of this article for each day that the approved ACP is in effect. (c) Any exceedance during the applicable compliance period of the VOC content specified for an ACP product in the Executive Order approving an ACP shall constitute a single, separate violation of the requirements of this article for each ACP product which exceeds the specified VOC Content that is sold, supplied, offered for sale, or manufactured for use in California. (d) Any of the following actions shall each constitute a single, separate violation of the requirements of this article for each day after the applicable deadline until the requirement is satisfied: (1) Failure to report data (i.e., "missing data") or failure to report data accurately (i.e., "inaccurate data") in writing to the Executive Officer regarding the VOC content, LVP Content, Enforceable Sales, or any other information required by any deadline specified in the applicable Executive Order; (2) False reporting of any information submitted to the Executive Officer for determining compliance with the ACP requirements; (3) Failure to completely implement the reconciliation of shortfalls plan that is set forth in the Executive Order, within 30 working days from the date of written notification of a shortfall by the Executive Officer; (4) Failure to completely reconcile the shortfall as specified in the Executive Order, within 90 working days from the date of written notification of a shortfall by the Executive Officer. (e) False reporting or failure to report any of the information specified in section 94547(b)(9), or the sale or transfer of invalid Surplus Reductions, shall constitute a single, separate violation of the requirements of this article for each day during the time period for which the Surplus Reductions are claimed to be valid. (f) Except as provided in subsection (g) of this section, any exceedance of the ACP Limit for any compliance period that the ACP is in effect shall constitute a single, separate violation of the requirements of this article for each day of the applicable compliance period. The Executive Officer shall determine whether an exceedance of the ACP Limit has occurred as follows: (1) If the responsible ACP party has provided all required information for the applicable compliance period specified in the Executive Order approving an ACP, then the Executive Officer shall determine whether an exceedance has occurred using the Enforceable Sales records and VOC Content for each ACP product, as reported by the responsible ACP party for the applicable compliance period; (2) If the responsible ACP party has failed to provide all the required information specified in the Executive Order for an applicable compliance period, the Executive Officer shall determine whether an exceedance of the ACP Limit has occurred as follows: (A) for the missing data days, the Executive Officer shall calculate the total maximum historical emissions, as specified in section 94542(a)(28); (B) for the remaining portion of the compliance period which are not missing data days, the Executive Officer shall calculate the emissions for each ACP product using the Enforceable Sales records and VOC Content that were reported for that portion of the applicable compliance period; (C) the ACP Emissions for the entire compliance period shall be the sum of the total maximum historical emissions, determined pursuant to subsection (f)(2)(A), and the emissions determined pursuant to subsection (f)(2)(B); (D) the Executive Officer shall calculate the ACP Limit for the entire compliance period using the ACP Standards applicable to each ACP product and the Enforceable Sales records specified in subsection (f)(2)(B). The Enforceable Sales for each ACP Product during missing data days, as specified in subsection (f)(2)(A), shall be zero (0); (E) an exceedance of the ACP Limit has occurred when the ACP Emissions, determined pursuant to subsection (f)(2)(C), exceeds the ACP Limit, determined pursuant to subsection (f)(2)(D). (g) If a violation specified in subsection (f) of this section occurs, the responsible ACP party may, pursuant to this paragraph, establish the number of violations as calculated according to the following equation: NEV = (ACP Emissions - ACP Limit) x (1 violation) ------------- (40 pounds) where, NEV = number of ACP Limit violations ACP Emissions = the ACP Emissions for the compliance period ACP Limit = the ACP Limit for the compliance period The responsible ACP party may determine the number of ACP Limit violations pursuant to this paragraph only if it has provided all required information for the applicable compliance period, as specified in the Executive Order approving the ACP. By choosing this option, the responsible ACP party waives any and all legal objections to the calculation of the ACP Limit violations pursuant to this subsection (g). (h) In assessing the amount of penalties for any violation occurring pursuant to subsections (a) - (g) of this section, the circumstances identified in Health and Safety Code section 42403(b) shall be taken into consideration. (i) A cause of action against a responsible ACP party under this section shall be deemed to accrue on the date(s) when the records establishing a violation are received by the Executive Officer. (j) The responsible ACP party is fully liable for compliance with the requirements of this article, even if the responsible ACP party contracts with or otherwise relies on another person to carry out some or all of the requirements of this article. Note: Authority cited: Sections 39600, 39601 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000, 41712, 42400-42403 and 42404.5, Health and Safety Code; and section 338(k), Code of Civil Procedure. s 94547. Surplus Reductions and Surplus Trading. (a) The Executive Officer shall issue Executive Orders (Surplus Reduction Certificates) which establish and quantify, to the nearest pound of VOC reduced, any Surplus Reductions achieved by a responsible ACP party operating under an ACP. The Surplus Reductions can be bought from, sold to, or transferred to a responsible ACP party operating under an ACP, as provided in subsection (b) of this section. All Surplus Reductions shall be calculated by the Executive Officer at the end of each compliance period within the time specified in the approved ACP. Surplus Reduction Certificates shall not constitute instruments, securities, or any other form of property. (b) The issuance, use, and trading of all Surplus Reductions shall be subject to the following provisions: (1) For the purposes of this article, VOC reductions from sources of VOCs other than consumer products subject to the VOC standards specified in section 94509 or aerosol coating products subject to the VOC standards specified in section 94522 may not be used to generate Surplus Reductions; (2) Surplus Reductions are valid only when generated by a responsible ACP party, and only while that responsible ACP party is operating under an approved ACP; (3) Surplus Reductions are valid only after the Executive Officer has issued an Executive Order pursuant to subsection (a) of this section. (4) Any Surplus Reductions issued by the Executive Officer may be used by the responsible ACP party who generated the surplus until the reductions expire, are traded, or until the ACP is cancelled pursuant to section 94551; (5) Surplus Reductions cannot be applied retroactively to any compliance period prior to the compliance period in which the reductions were generated; (6) Except as provided in subsection (b)(7)(B) of this section, only small or one-product businesses selling products under an approved ACP may purchase Surplus Reductions. An increase in the size of a small business or one-product business shall have no effect on Surplus Reductions purchased by that business prior to the date of the increase. (7) While valid, Surplus Reductions can be used only for the following purposes: (A) to adjust either the ACP Emissions of either the responsible ACP party who generated the reductions or the responsible ACP party to which the reductions were traded, provided the Surplus Reductions are not to be used by any responsible ACP party to further lower its ACP Emissions when its ACP Emissions are equal to or less than the ACP Limit during the applicable compliance period; or (B) to be traded for the purpose of reconciling another responsible ACP party's shortfalls, provided such reconciliation is part of the reconciliation of shortfalls plan approved by the Executive Officer pursuant to section 94543(a)(7)(J). (8) A valid Surplus Reduction shall be in effect starting five (5) days after the date of issuance by the Executive Officer, for a continuous period equal to the number of days in the compliance period during which the Surplus Reduction was generated. The Surplus Reduction shall then expire at the end of its effective period. (9) At least five (5) working days prior to the effective date of transfer of Surplus Reductions, both the responsible ACP party which is selling Surplus Reductions and the responsible ACP party which is buying the Surplus Reductions shall, either together or separately, notify the Executive Officer in writing of the transfer. The notification shall include all of the following: (A) the date the transfer is to become effective; (B) the date the Surplus Reductions being traded are due to expire; (C) the amount (in pounds of VOCs) of Surplus Reductions that are being transferred; (D) the total purchase price paid by the buyer for the Surplus Reductions; (E) the contact persons, names of the companies, street and mail addresses, and phone numbers of the responsible ACP parties involved in the trading of the Surplus Reductions; (F) a copy of the Executive Officer-issued Surplus Reductions Certificate, signed by both the seller and buyer of the certificate, showing transfer of all or a specified portion of the Surplus Reductions. The copy shall show the amount of any remaining non-traded Surplus Reductions, if applicable, and shall show their expiration date. The copy shall indicate that both the buyer and seller of the Surplus Reductions fully understand the conditions and limitations placed upon the transfer of the Surplus Reductions and accept full responsibility for the appropriate use of such Surplus Reductions as provided in this section. (10) Surplus Reduction Credits shall not be traded between an ACP for comsumer products and an ACP for aerosol coating products. (c) Limited-Use Surplus Reduction Credits for Early Reformulations of ACP Products (1) For the purposes of this subsection (c), "early reformulation" means a reformulation of an ACP product which results in a reduction in the product's VOC Content, and which occurs during the one-year (365 day) period immediately prior to the date on which the application for a proposed ACP is submitted to the Executive Officer. "Early reformulation" does not include any reformulation which occurs more than one year prior to the date on which the ACP application is submitted to the Executive Officer. (2) If requested in the application for a proposed ACP, the Executive Officer shall, upon approval of the ACP, issue Surplus Reduction Credits for early reformulation(s) of ACP product(s), provided that all of the following documentation has been provided by the responsible ACP party to the satisfaction of the Executive Officer: (A) accurate documentation showing that the early reformulation(s) reduced the VOC content of the ACP product(s) to a level which is below the Pre-ACP VOC content of the product(s), or below the applicable VOC standard(s) specified in sections 94509 or 94522, whichever is the lesser of the two; (B) accurate documentation demonstrating that the early reformulated ACP product(s) was sold in California retail outlets within the time period specified in subsection (c)(1); (C) accurate sales records for the early reformulated ACP product(s) which meet the definition of "Enforceable Sales Records" in section 94542(a)(11), and which demonstrate that the Enforceable Sales for the ACP product(s) are at least 75.0% of the Gross California Sales for the product(s), as specified in section 94543(a)(4); (D) accurate documentation for the early reformulated ACP product(s) which meets the requirements specified in sections 94543(a)(3)-(4), (a)(7)(G)-(H), and (a)(8), and which identifies the specific test methods for verifying the claimed early reformulation(s) and the statistical accuracy and precision of the test methods as specified in section 94543(a)(7)(D). (3) Surplus Reduction Credits issued pursuant to this subsection (c) shall be calculated separately for each reformulated ACP product by the Executive Officer according to the following equation: SR = Enforceable Sales x ([VOC Content]initial - [VOC Content]final -------------------------------------------------------- 100 where, SR = Surplus Reductions for the ACP product, expressed to the nearest pound Enforceable Sales = the Enforceable Sales for the early reformulated ACP product, expressed to the nearest pound of ACP product, VOC Content initial = the Pre-ACP VOC content of the ACP product, or the applicable VOC standard specified in sections 94509 or 94522, whichever is the lesser of the two, expressed to the nearest 0.1 pounds of VOC per 100 pounds of ACP product, VOC Content final = the VOC Content of the early reformulated ACP product after the early reformulation is achieved, expressed to the nearest 0.1 pounds of VOC per100 pounds of ACP product. (4) The use of Surplus Reduction Credits issued pursuant to this subsection (c) shall be subject to all of the following provisions: (A) Surplus Reduction Credits shall be used solely to reconcile the responsible ACP party's shortfalls, if any, generated during the first compliance period occurring immediately after the issuance of the Executive Order approving an ACP, and shall not be used for any other purpose; (B) Surplus Reduction Credits shall not be transferred to, or used by, any other responsible ACP party; (C) Surplus Reduction Credits shall not be traded between an ACP for consumer products and an ACP for aerosol coating products; (D) Except as provided in this subsection (c), Surplus Reduction Credits shall be subject to all requirements applicable to Surplus Reductions and Surplus Trading, as specified in subsections 94547(a) and (b). Note: Authority cited: Sections 39600, 39601, 41511 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000, 41511 and 41712, Health and Safety Code. s 94548. Reconciliation of Shortfalls. (a) At the end of each compliance period, the responsible ACP party shall make an initial calculation of any shortfalls occurring in that compliance period, as specified in the Executive Order approving the ACP. Upon receipt of this information, the Executive Officer shall determine the amount of any shortfall that has occurred during the compliance period and shall notify the responsible ACP party of this determination. (b) The responsible ACP party shall implement the reconciliation of shortfalls plan as specified in the Executive Order approving the ACP, within 30 working days from the date of written notification of a shortfall by the Executive Officer; (c) All shortfalls shall be completely reconciled within 90 working days from the date of written notification of a shortfall by the Executive Officer by: (1) implementing the reconciliation of shortfalls plan specified in the Executive Order approving the ACP, or (2) using hairspray emission reduction credits (HERCs) as specified in section 94567(c), Title 17, California Code of Regulations. (d) All requirements specified in the Executive Order approving an ACP, including all applicable ACP Limits, shall remain in effect while any shortfalls are in the process of being reconciled. Note: Authority cited: Sections 39600, 39601 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code. s 94549. Notification of Modifications to an ACP by the Responsible ACP Party. (a) Modifications That Do Not Require Executive Officer Pre-Approval: The responsible ACP party shall notify the Executive Officer, in writing, of any change in an ACP product's: (1) product name, (2) product formulation, (3) product form, (4) product function, (5) applicable product category(ies), (6) VOC Content, (7) ACP Content, (8) date-codes, or (9) recommended product usage directions, no later than 15 working days from the date such a change occurs. For each modification, the notification shall fully explain the following: (A) the nature of the modification; (B) the extent to which the ACP product formulation, VOC Content, LVP Content, or recommended usage directions will be changed; (C) the extent to which the ACP Emissions and ACP Limit specified in the Executive Order will be changed for the application compliance period; and (D) the effective date and corresponding date-codes for the modification. (b) Modifications That Require Executive Officer Pre-Approval: The responsible ACP party may propose modifications to the Enforceable Sales records or reconciliation of shortfalls plan specified in the Executive Order approving the ACP. Any such proposed modifications shall be fully described in writing and forwarded to the Executive Officer. The responsible ACP party shall clearly demonstrate that the proposed modifications will meet the requirements of this article. The Executive Officer shall act on the proposed modifications using the procedure set forth in section 94544. The responsible ACP party shall meet all applicable requirements of the existing ACP until such time as any proposed modification(s) is approved in writing by the Executive Officer. (c) Other Modifications: Except as otherwise provided in subsections (a) and (b) of this section, the responsible ACP party shall notify the Executive Officer, in writing, of any information learned of by the responsible ACP party which may alter any of the information submitted pursuant to the requirements of section 94543. The responsible ACP party shall provide such notification to the Executive Officer no later than 15 working days from the date such information is known to the responsible ACP party. Note: Authority cited: Sections 39600, 39601 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code. s 94550. Modification of an ACP by the Executive Officer. (a) If the Executive Officer determines that: (1) the Enforceable Sales for an ACP product are no longer at least 75.0% of the Gross California Sales for that product, or (2) the information submitted pursuant to the approval process set forth in section 94543 is no longer valid, or (3) the ACP Emissions are exceeding the ACP Limit specified in the Executive Order approving an ACP, then the Executive Officer shall modify the ACP as necessary to ensure that the ACP meets all requirements of this article and that the ACP Emissions will not exceed the ACP Limit. The Executive Officer shall not modify the ACP without first affording the responsible ACP party an opportunity for a public hearing in accordance with the procedures specified in Title 17, California Code of Regulations, Division 3, Chapter 1, Subchapter 1, Article 4 (commencing with section 60040), to determine if the ACP should be modified. (b) If any applicable VOC standards specified in sections 94509 or 94522 are modified by the Air Resources Board in a future rulemaking, the Executive Officer shall modify the ACP Limit specified in the Executive Order approving an ACP to reflect the modified VOC standards as of their effective dates. Note: Authority cited: Sections 39600, 39601 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code. s 94551. Cancellation of an ACP. (a) An ACP shall remain in effect until: (1) the ACP reaches the expiration date specified in the Executive Order; (2) the ACP is modified by the responsible ACP party and approved by the Executive Officer, as provided in section 94549; (3) the ACP is modified by the Executive Officer, as provided in section 94550; (4) the ACP includes a product for which the VOC standard specified in sections 94509 or 94522 is modified by the Air Resources Board in a future rulemaking, and the responsible ACP party informs the Executive Officer in writing that the ACP will terminate on the effective date(s) of the modified standard; (5) the ACP is cancelled pursuant to subsection (b) of this section. (b) The Executive Officer shall cancel an ACP if any of the following circumstances occur: (1) the responsible ACP party demonstrates to the satisfaction of the Executive Officer that the continuation of the ACP will result in an extraordinary economic hardship; (2) the responsible ACP party violates the requirements of the approved ACP, and the violation(s) results in a shortfall that is 20.0% or more of the applicable ACP Limit (i.e., the ACP Emissions exceed the ACP Limit by 20.0% or more); (3) the responsible ACP party fails to meet the requirements of section 94548 (Reconciliation of Shortfalls) within the time periods specified in section 94548. (4) the responsible ACP party has demonstrated a recurring pattern of violations and has consistently failed to take the necessary steps to correct those violations. (c) The Executive Officer shall not cancel an ACP pursuant to subsection (b) of this section without first affording the responsible ACP party an opportunity for a public hearing in accordance with the procedures specified in Title 17, California Code of Regulations, Division 3, Chapter 1, Subchapter 1, Article 4 (commencing with section 60040), to determine if the ACP should be cancelled. (d) The responsible ACP party for an ACP which is cancelled pursuant to this section and who does not have a valid ACP to immediately replace the cancelled ACP shall meet all of the following requirements: (1) all remaining shortfalls in effect at the time of ACP cancellation shall be reconciled in accordance with the requirements of section 94548, and (2) all ACP products subject to the ACP shall be in compliance with the applicable VOC standards in sections 94509 and 94522 immediately upon the effective date of ACP cancellation. (e) Any violations incurred pursuant to section 94546 shall not be cancelled or in any way affected by the subsequent cancellation or modification of an ACP pursuant to section 94549, 94550 or 94551. Note: Authority cited: Sections 39600, 39601, 41511 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000, 41511, 41712 and 42400-42403, Health and Safety Code. s 94552. Treatment of Information. The information required by sections 94543 (a)(1)-(a)(2) and 94547(b)(9) is public information which may not be claimed as confidential. All other information submitted to the Executive Officer to meet the requirements of this article shall be handled in accordance with the procedures specified in Title 17, California Code of Regulations, sections 91000-91022. Note: Authority cited: Sections 39600, 39601, 41511 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000, 41511 and 41712, Health and Safety Code. s 94553. Other Applicable Requirements. (a) Unless otherwise specified in the Executive Order approving an ACP, all applicable requirements specified in Title 17, California Code of Regulations, Division 3, Chapter 1, Subchapter 8.5, Articles 2 and 3, (sections 94507-94517 and 94520-94528), shall remain in effect for all ACP products subject to an ACP. (b) All applicable requirements specified in Title 17, California Code of Regulations, Division 3, Chapter 1, Subchapter 8.5, Articles 2 and 3, (sections 94507-94517 and 94520-94528), shall remain in effect for all ACP products which are not subject to an ACP. (c) The provisions of this article notwithstanding, the requirements of the South Coast Air Quality Management District Rule 1174 shall remain in effect for all charcoal lighter material products sold, supplied, offered for sale, or manufactured for use in the South Coast Air Quality Management District (as defined in section 40410 of the Health and Safety Code). (d) The provisions of this article notwithstanding, the requirements of the Bay Area Air Quality Management District Rule 8-49 shall remain in effect for all aerosol coating products sold, supplied, offered for sale, applied, or manufactured for use in the Bay Area Air Quality Management District (as defined in section section 40200 of the Health and Safety Code). (e) A responsible ACP party may transfer an ACP to another responsible ACP party, provided that all of the following conditions are met: (1) The Executive Officer shall be notified, in writing, by both responsible ACP parties participating in the transfer of the ACP and its associated Executive Order. The written notifications shall be postmarked at least five (5) working days prior to the effective date of the transfer and shall be signed and submitted separately by both responsible parties. The written notifications shall clearly identify the contact persons, business names, mail and street addresses, and phone numbers of the responsible parties involved in the transfer. (2) The responsible ACP party to which the ACP is being transferred shall provide a written declaration stating that the transferee shall fully comply with all requirements of the Executive Order approving the ACP and this article. Note: Authority cited: Sections 39600, 39601, 41511 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000, 41511 and 41712, Health and Safety Code. s 94554. Federal Enforceability. For purposes of federal enforceability of this article, the Environmental Protection Agency is not subject to approval determinations made by the Executive Officer under this article. Within 180 days of a request from a responsible ACP party whose ACP has been approved by the Executive Officer, an ACP meeting the requirements of the Clean Air Act shall be submitted by the Executive Officer to the Environmental Protection Agency for inclusion in the applicable implementation plan approved or promulgated by the Environmental Protection Agency pursuant to section 110 of the Clean Air Act, 42 U.S.C., section 7410. Prior to submitting an ACP as a revision to the applicable implementation plan, the Executive Officer shall hold a public hearing on the proposed revision. Notice of the time and place of the hearing shall be sent to the applicant by certified mail not less than 30 days prior to the hearing. Notice of the hearing shall also be submitted for publication in the California Regulatory Notice Register and sent to the Environmental Protection Agency, every person who requests such notice, and to any person or group of persons whom the Executive Officer believes may be interested in the application. Within 30 days of the hearing the Executive Officer shall notify the applicant of the decision in writing as provided in section 94543(b). The decision may approve, disapprove, or modify an ACP previously granted pursuant to section 94543. Note: Authority cited: Sections 39600, 39601, 39602 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code. s 94555. Federal Clean Air Act Requirements. (a) Unless otherwise determined by the U.S. Environmental Protection Agency, products sold, supplied, offered for sale, or manufactured for use in California under the requirements of an ACP are not subject to the requirements of Title V of the Federal Clean Air Act (42 U.S.C. sections 7661-7661f). (b) Nothing in this article shall be construed to modify or in any way affect any requirements of the federal Clean Air Act, including but not limited to Title V of the federal Clean Air Act, which are applicable to the construction or operation of the responsible ACP party's manufacturing facility or to any other activities of the responsible ACP party. Note: Authority cited: Sections 39600, 39601, 39602 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code. s 94560. Purpose. The purpose of this article is to provide a voluntary program, the Hairspray Credit Program, that rewards and provides an incentive for early compliance, and over compliance, with the second-tier hairspray standard of 55 percent volatile organic compounds (VOC) which is effective June 1, 1999, as specified in section 94509(a), Title 17, California Code of Regulations. The goal of the program is to benefit both the environment and the regulated entities. This program allows responsible parties for hairspray products to voluntarily generate surplus VOC emission reductions which may be certified by the Executive Officer as Hairspray Emission Reduction Credits (HERCs). HERCs may be used as an alternative method to comply with certain requirements of the California regulations for consumer products (sections 94500-94555, Title 17, California Code of Regulations). This article is intended to ensure that all HERCs represent verified emission reductions that are real, permanent, quantifiable, enforceable, and surplus. Note: Authority cited: Sections 39600, 39601 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code. s 94561. Applicability. (a) This article applies to the following: (1) the calculation, certification, issuance, registration, transfer, use, retirement, and expiration of HERCs; and (2) any person who applies for, is issued, holds, transfers, or uses HERCs. (b) Only a responsible party for a hairspray product may submit an application to request HERCs. Applications to use HERCs may be submitted only by responsible ACP (Alternative Control Plan) parties and responsible parties for antiperspirant and deodorant, aerosol coating products, and other consumer products that are subject to the VOC standards in sections 94500-94555, Title 17, California Code of Regulations. Note: Authority cited: Sections 39600, 39601 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code. s 94562. Definitions. For the purposes of this article, the following definitions shall apply in addition to the definitions set forth in sections 94501, 94508, 94521, and 94542, Title 17, California Code of Regulations: (a) "Air Quality Plan" includes, but is not limited to, attainment, rate-of-progress, and maintenance plans adopted by a California air pollution control or air quality management district (district) pursuant to State requirements specified in Chapter 10 (commencing with section 40910) of Part 3, Division 26 of the Health and Safety Code, and federal requirements specified in the Clean Air Act governing the State Implementation Plan. (b) "Applicable Hairspray Product" means a hairspray product listed in an application to request HERCs submitted pursuant to section 94563(b)(2)(B). (c) "Applicable Consumer Product" means an antiperspirant, deodorant, aerosol coating product, or other consumer product listed in an application to use HERCs submitted pursuant to section 94568(b)(2)(D). (d) "Credit Generation Period" means the period of time, in days, during which an applicable hairspray product will be manufactured that will generate surplus VOC emission reductions. The dates on which a specified credit generation period will begin and end must be in one of the following: (1) for early compliance, which may include over compliance, with the second-tier hairspray standard, the time period between January 1, 1998, and May 31, 1999, or (2) for over compliance with the second-tier hairspray standard on and after its effective date of June 1, 1999, the time period between June 1, 1999, and January 1, 2005. The credit generation period may be divided into installment periods for issuance of HERCs. (e) "Delayed Compliance Period" means the period of time, in days, during which a consumer product will be manufactured that does not comply with its applicable VOC limit in sections 94502, 94509, or 94522, Title 17, California Code of Regulations. The date on which a specified delayed compliance period will end must be on or prior to January 1, 2010. (f) "Documented Sales" means the total amount of the following products, as applicable, sold for use in California: (1) For the Purpose of Credit Generation. The applicable hairspray product that was manufactured during the credit generation period as specified in an application submitted to the Executive Officer in accordance with section 94563, or (2) For the Purpose of Credit Use. The applicable consumer product that was manufactured during the following time periods: (A) the most recent twelve-month period (for which documented sales records are available) prior to the delayed compliance period as specified in the application submitted to the Executive Officer in accordance with section 94568, and (B) the delayed compliance period as specified in the application submitted to the Executive Officer in accordance with section 94568. "Documented Sales" shall be determined through documented sales records (expressed to the nearest pound, excluding product container and packaging). (g) "Documented Sales Record" means a written, point-of-sale record, or any other Executive Officer-approved system of documentation, from which the mass, in pounds (less product container and packaging), of a product manufactured during an applicable time period and sold for use in California can be accurately documented. For the purposes of this article, "documented sales record" may include, but is not limited to, the following types of records: (1) accurate records of direct retail or other outlet sales; (2) accurate compilations made by independent market surveying services, using methods consistent with widely-accepted practices of the business, scientific, or regulatory communities, of direct retail or other outlet sales, provided that a detailed method which can be used to verify any data comprising such summaries is submitted by the responsible party and approved by the Executive Officer; (3) accurate manufacturing records in combination with any other data or information that permits determination of California sales; or (4) for pesticides only, accurate mill assessment records for economic poisons, verified by the California Department of Pesticide Regulations, which cover the sales of the pesticide product. (h) "Hairspray" means a consumer product designed primarily for the purpose of dispensing droplets of resin on and into a hair coiffure which will impart sufficient rigidity to the coiffure to establish or retain the style for a period of time. (i) "Reformulated or Reformulation" means a change in the formulation of a hairspray product for the primary purpose of lowering the product's VOC content to 55 percent or less, as determined pursuant to section 94515, Title 17, California Code of Regulations. (j) "Responsible Party" means the company, firm or establishment which is listed on the product's label. If the label lists two companies, firms or establishments, the responsible party is the party which the product was "manufactured for" or "distributed by", as noted on the label. (k) "State Implementation Plan" means the California State Implementation Plan approved by the United States Environmental Protection Agency (U.S. EPA), in accordance with requirements of the Clean Air Act. (l) "Stock Keeping Unit" means the classification used by consumer product manufacturers to identify products that have the same brand name, formulation, net weight, and other distinguishing characteristics. (m) "Surplus" means VOC emission reductions not required by any hairspray standard in section 94509, Title 17, California Code of Regulations; Alternative Control Plan approved pursuant to section 94543, Title 17, California Code of Regulations; or air quality plan. For the purposes of this article only, surplus emission reductions shall include emission reductions resulting from compliance with the second-tier hairspray standard of 55 percent VOC between January 1, 1998, and June 1, 1999. Surplus VOC emission reductions shall not include emission reductions occurring prior to January 1, 1998. (n) "VOC Content" shall have the same meaning in this article as it has in sections 94500-94555, Title 17, California Code of Regulations, as applicable. Note: Authority cited: Sections 39600, 39601 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code. s 94563. Application Process to Request Hairspray Emission Reduction Credits. (a) A responsible party for a hairspray product who is requesting HERCs for a specified credit generation period must submit a written, two-part application to the Executive Officer. Any information in the custody of the California Air Resources Board that has been submitted as confidential by a responsible party (or by a person acting on behalf of the responsible party) pursuant to this section shall be handled by the Air Resources Board in accordance with the procedures specified in sections 91000-91022 (Disclosure of Public Records), Title 17, California Code of Regulations, provided that such information is clearly identified as being confidential. (b) Application Requirements: Part One. The first part of an application to request HERCs must be submitted in accordance with the following requirements: (1) Timing of Application Submittal. For a hairspray product initially manufactured for sale in California on or after July 1, 1998, or a hairspray product reformulated after June 1, 1999, the first part of the application must be submitted before the start of the credit generation period, and no later than six months after the product's initial date of manufacture for sale in California. For all other hairspray products, the first part of the application must be submitted before the mid-point of the credit generation period; (2) Application Contents. The first part of the application must include the following information: (A) the responsible party's company name, street and mailing address, telephone number, and designated contact person for the application; (B) a list of the hairspray products for which the responsible party is requesting HERCs (i.e., the applicable hairspray products); (C) a list of all stock keeping units for each applicable hairspray product, including any product identification numbers used by the responsible party to identify the stock keeping units; (D) the credit generation period (in days) for which the responsible party is requesting HERCs for the applicable hairspray product, including the dates on which the credit generation period will begin and end (If the responsible party is requesting HERCs to be issued in more than one installment, the application must include the number of installments and the ending date of each installment period.); (E) product labels for each stock keeping unit for each applicable hairspray product; (F) speciated formulation data for the applicable hairspray product, and for the product prior to its reformulation, if applicable, (aggregated data may be submitted for the different stock keeping units) including percent by weight values to the nearest 0.1 percent for the following: 1. VOC content (for aggregated data, the applicant shall submit the highest VOC content or a sales-weighted average VOC content) and 2. each compound present in the formulation, except compounds that amount to a combined concentration of one percent by weight; (G) the approximate date on which sales in California began (or will begin) for each applicable hairspray product; (H) the list of contact persons, telephone numbers, and street and mailing addresses of all persons and businesses who will provide information that will be used to determine documented sales for the applicable hairspray products; (I) a demonstration, which will be subject to Executive Officer approval, of the validity of the methodology that will be used to calculate documented sales, based on the documented sales records, that will be provided pursuant to section 94563(c)(2)(A); (J) for a hairspray product initially manufactured for sale in California on or after July 1, 1998, or a hairspray product reformulated after June 1, 1999, a statement that the hairspray product is formulated for the primary purpose of generating emission reductions for credits; (K) for a credit generation period greater than 365 days, a proposed schedule for the annual submittal of test results required pursuant to section 94563(c)(2)(B); and (L) a signed declaration as specified in section 94563(e). (c) Application Requirements: Part Two. The second part of an application to request HERCs must be submitted in accordance with the following requirements: (1) Timing of Application Submittal. The second part of the application must be submitted after the conclusion of the credit generation period, and any installment period, if applicable. (2) Application Contents. The second part of the application must include the following information for each applicable hairspray product: (A) documented sales for the installment period or credit generation period, as applicable, and supporting documentation that shows how sales were calculated using documented sales records and a methodology previously approved by the Executive Officer; (B) test results, using a method(s) specified in section 94515, Title 17, California Code of Regulations, that verify the VOC content information provided for the applicable hairspray product in the first part of the application; the units that were tested must come from three different batches that were manufactured during the credit generation period (If the credit generation period is greater than 365 days, such verification shall be performed at least annually and the test results submitted to the Executive Officer); (C) the responsible party's own calculation of the quantity of HERCs for each applicable hairspray product for the credit generation period, or installment period, if applicable, calculated by using the protocol specified in section 94564; and (D) a signed declaration as specified in section 94563(e). (d) Applicable Time Periods and Procedures for Review and Approval of Application. The following time periods and procedures shall apply to the Executive Officer's review of Parts One and Two of the application: (1) Application Completeness Determination. Within 30 days after receiving either a Part One or Part Two application submittal, the Executive Officer shall inform the applicant in writing that the submittal is complete, or that it is deficient and shall identify the specific information required to make the submittal complete. (2) Application Completeness Determination After Receiving Additional Information. Within 15 days after receiving additional information submitted in response to a determination by the Executive Officer that Part One or Part Two of the application is deficient, the Executive Officer shall inform the applicant in writing, either that the new information is sufficient to make the application complete, or that the application is deficient and shall identify the specific information required to make it complete. (3) Approval Determination for Part One of Application. Within 45 days after determining that Part One of the application is complete, the Executive Officer shall inform the applicant in writing whether the information provided in Part One is approved for the purposes of calculating HERCs in accordance with the protocol specified in section 94564. The Executive Officer's determination, through an Executive Order, shall include, but not be limited to the following: (A) whether the VOC content for each applicable hairspray product is verified by the speciated formulation data submitted pursuant to section 94563(b)(2)(F), and (B) whether the applicant's proposed methodology for calculating documented sales is approved. (4) Approval Determination for Part Two of Application. Within 90 days of determining that Part Two of the application (or the information required by this part of the application for installment issuance of HERCs) is complete, the Executive Officer shall determine whether to issue and certify the HERCs in accordance with section 94565. (5) Extension of Time Periods. For any of the time periods specified in this subsection (d), the Executive Officer and the applicant may agree to a longer time period for the Executive Officer to make a decision. (e) Declaration by Responsible Party. Parts One and Two of the application, and any additional information submitted, must include a declaration, signed by a legal representative of the responsible party, that the submittal contains true, accurate, and complete information based on information and belief formed after reasonable inquiry. Any person submitting information directly (i.e., the information is not reviewed by or submitted through the responsible party) to the Executive Officer on behalf of the responsible party must also make such a declaration. (f) Specified VOC Limit for a Hairspray Product in the Hairspray Credit Program. No applicable hairspray product manufactured during a credit generation period shall exceed the VOC content for the product specified in the Executive Order approving the application to request HERCs and issuing the HERCs. Note: Authority cited: Sections 39600, 39601 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code. s 94564. Protocol for Calculating Hairspray Emission Reduction Credits. (a) The following equation shall be used to calculate the quantity of HERCs generated for either early compliance or over compliance for an applicable hairspray product manufactured during a specified credit generation period (or installment period, if applicable) expressed to the nearest pound of surplus VOC emission reductions: HERCs = (Documented Sales HCP)([VOC Content] Baseline - [VOC Content] hairspray)/100 where, "Documented Sales HCP" means the documented sales, in pounds, of the applicable hairspray product manufactured during the credit generation period (or installment period, if applicable) as specified in the application pursuant to section 94563(c)(2)(A). "[VOC Content] Baseline" means the following: For an applicable hairspray product initially offered for sale in California after January 1, 1993, the lower of the following: (1) if the applicable hairspray product is a reformulated product, the VOC content, in percent, of the product before it was reformulated, as reported in the application and verified by the speciated formulation data required pursuant to section 94563(b)(2)(F), or (2) 80 percent for a credit generation period between January 1, 1998, and May 31, 1999, and 55 percent for a credit generation period between June 1, 1999, and January 1, 2005. For an applicable hairspray product initially offered for sale in California between October 11, 1990, and January 1, 1993: 80 percent for a credit generation period between January 1, 1998, and May 31, 1999, and 55 percent for a credit generation period between June 1, 1999, and January 1, 2005. For an applicable hairspray product initially offered for sale in California before October 11, 1990, that has not been reformulated after October 11, 1990, the condition in section 94564(b)(5) shall apply. "[VOC Content] Hairspray" means the VOC content, in percent, of the applicable hairspray product as reported in the application and verified by the speciated formulation data required pursuant to section 94563(b)(2)(F). (b) For the purposes of the calculation protocol specified in section 94564(a), the following conditions shall apply: (1) HERCs shall only be calculated if the Executive Officer has approved the methodology used to calculate documented sales in accordance with section 94563(d)(3)(B). (2) HERCs shall only be calculated if the "[VOC Content] Hairspray" reported in the application is verified by speciated formulation data and test results required pursuant to sections 94563(b)(2)(F) and 94563(c)(2)(B). If the test results do not verify the reported "[VOC Content] Hairspray," the Executive Officer and the responsible party may agree to an alternative "[VOC Content] Hairspray" provided it is supported by testing or demonstrations specified in section 94515, Title 17, California Code of Regulations. (3) HERCs shall equal zero for any credit generation period after June 1, 1999, unless either of the following circumstances applies: (A) the applicable hairspray product has generated surplus emission reductions prior to June 1, 1999, and the surplus emission reductions have been, or will be, certified by the Executive Officer as HERCs, or (B) the applicable hairspray product was initially manufactured for sale in California, or reformulated, after June 1, 1999, in which case paragraph (4) of this subsection (b) shall apply. (4) For an applicable hairspray product initially manufactured for sale in California on or after July 1, 1998, or reformulated after June 1, 1999, HERCs shall be zero unless all of the following circumstances have occurred: (A) Pursuant to section 94563(b)(1), the responsible party has submitted to the Executive Officer an application to request HERCs before the start of the credit generation period, and no later than six months after the applicable hairspray product's initial date of manufacture for sale in California. (B) Pursuant to section 94563(b)(2)(J), the responsible party has provided a statement that the hairspray product is formulated for the primary purpose of generating emission reductions for credits. (C) For a reformulated hairspray product, the "[VOC Content] Baseline" for the calculation of HERCs shall equal the product's lowest VOC content prior to its reformulation. (5) For an applicable hairspray product initially offered for sale in California before October 11, 1990, that has not been reformulated after October 11, 1990, HERCs shall be zero. Note: Authority cited: Sections 39600, 39601 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code. s 94565. Issuance of Hairspray Emission Reduction Credits. (a) After evaluating an application to request HERCs in accordance with the requirements specified in section 94563, the Executive Officer shall determine whether HERCs should be issued to the responsible party. In addition, the Executive Officer shall issue and certify the HERCs only if the Executive Officer is satisfied that the application provides sufficient and verifiable information to assure that surplus emission reductions have been generated. The Executive Officer shall issue HERCs by means of an Executive Order that certifies the HERCs as follows: (1) Each HERC has been calculated in accordance with the protocol specified in section 94564 and is otherwise in compliance with this article and any applicable federal requirements. (2) Each HERC is for surplus emission reductions. (3) Each HERC is expressed as a pound of surplus VOC emission reductions. (4) Each HERC has been assigned an expiration date that is five years after the issuance date of the Executive Order or a January 1, 2005, expiration date, whichever is later, after which the ability to use the HERC ceases. (b) On January 1, 2010, all outstanding HERCs shall expire, and may no longer be used. Note: Authority cited: Sections 39600, 39601 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code. s 94566. HERC Account Registry. (a) The Executive Officer shall maintain a HERC Registry listing all HERCs held in HERC Accounts by each person. Each HERC Account will list information on the holder, quantities, credit generation periods and expiration dates of HERCs. The HERC Registry shall constitute the official and controlling record of all HERC holdings. HERCs shall not constitute instruments, securities, or any other form of property. Information contained in the HERC Registry shall be available to the public upon request, except that HERC Account information in the custody of the California Air Resources Board, and claimed as confidential by the responsible party, shall be handled by the Air Resources Board in accordance with the procedures specified in sections 91000-91022 (Disclosure of Public Records), Title 17, California Code of Regulations. (b) The Executive Officer shall modify the account information in the HERC Registry upon any of the following actions: (1) the issuance of HERCs in accordance with section 94565; (2) the transfer of HERCs to an existing or a newly created HERC Account in accordance with sections 94566(c) and 94566(d); (3) the use of HERCs in accordance with sections 94567, 94570, and 94571; (4) a credit or debit to a HERC Account to correct for differences between "Projected Excess Emissions" and "Actual Excess Emissions", including any additional amount of HERCs required pursuant to section 94567(h), in accordance with section 94571(c); (5) a change of name, ownership, or other pertinent information for a HERC Account holder; (6) a HERC Account holder's written request that HERCs be retired for an environmental benefit pursuant to section 94567(d); or (7) the expiration of HERCs as required by sections 94565(a)(4) or 94565(b). (c) Any person may acquire HERCs through purchase, trade or other means of transfer from any HERC Account holder. The transfer of HERCs shall be effective only upon amendment of the HERC Registry by the Executive Officer. (d) Any person who requests a transfer of HERCs must provide the following information in writing to the Executive Officer: (1) the contact persons, names of the companies, street and mailing addresses, and telephone numbers of the parties involved in the transfer (For some transfers, the provider and recipient may be the same.); (2) information on the HERCs to be transferred, including quantities, credit generation periods, and expiration dates; (3) the date the transfer is proposed to become effective; and (4) a statement, signed by both the provider and the recipient, that both parties fully understand the conditions and limitations of the HERCs being transferred and accept full responsibility for the appropriate use of the HERCs as provided in this article. Note: Authority cited: Sections 39600, 39601 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code. s 94567. Allowable Uses of Hairspray Emission Reduction Credits. Except as provided in subsections (f), (g), and (h) of this section, HERCs may be used as follows upon approval by the Executive Officer: (a) A responsible party for a consumer product regulated by the Air Resources Board pursuant to sections 94500- 94528, Title 17, California Code of Regulations who is also a HERC Account holder may use HERCs to obtain additional time (i.e., a delayed compliance period) for a product to comply with an applicable VOC standard set forth in sections 94502, 94509 or 94522, Title 17, California Code of Regulations, provided the product has been manufactured for sale in California for at least 12 months before the submittal of an application in accordance with section 94568. During a delayed compliance period, the responsible party must comply with the following: (1) the specified VOC content for the product reported in the HERC use application, and approved by the Executive Officer, instead of the applicable VOC standard specified in sections 94502, 94509, or 94522, Title 17, California Code of Regulations, and (2) except as provided in paragraph (1) of this subsection (a), with all other applicable requirements specified in sections 94500-94528, Title 17, California Code of Regulations. (b) In accordance with section 94514(h), Title 17, California Code of Regulations, a responsible party for a hairspray product who is also a HERC Account holder may use HERCs to mitigate excess emissions that result from the granting of a variance. (c) In accordance with sections 94543(a)(7)(J) and 94548, Title 17, California Code of Regulations, a "responsible ACP party" who is also a HERC Account holder may use HERCs to reconcile any shortfalls occurring in a compliance period for an Alternative Control Plan. (d) Any person who is a HERC Account holder may retire HERCs to provide an environmental benefit. (e) For purposes of this article, high volatility organic compounds (HVOCs) and medium volatility organic compounds (MVOCs) in antiperspirants and deodorants shall be treated the same as other VOCs for HERC use. (f) The use of HERCs shall not result in any greater emissions of toxic air contaminants, as defined per Health and Safety Code section 39657(b), than would otherwise have occurred if HERCs were not used. (g) All outstanding HERCs shall expire on January 1, 2010, after which HERCs may no longer be used. (h) On or before December 31, 2002, the Executive Officer shall determine whether the Hairspray Credit Program has demonstrated an environmental benefit. For the purposes of this article, the Hairspray Credit Program has demonstrated an environmental benefit if, during the time period from the start of the program until December 31, 2002, the total amount of HERCs generated under the program is five percent greater than the total amount of HERCs used. If the Executive Officer determines that the Hairspray Credit Program has not demonstrated an environmental benefit by December 31, 2002, then all HERCs will be discounted by an amount of five percent upon use. Note: Authority cited: Sections 39600, 39601 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code. s 94568. Application Process for Use of Hairspray Emission Reduction Credits. (a) Any HERC Account holder who wishes to use HERCs as specified in sections 94567(a), 94567(b), or 94567(c) must submit a written application to the Executive Officer. Any information in the custody of the California Air Resources Board that has been submitted as confidential by a responsible party (or a person acting on behalf of the responsible party) pursuant to this section shall be handled by the Air Resources Board in accordance with the procedures specified in sections 91000-91022 (Disclosure of Public Records), Title 17, California Code of Regulations, provided that such information is clearly identified as being confidential. (b) Application Requirements for HERC Use Pursuant to Section 94567(a). An application to use HERCs for a delayed compliance period pursuant to section 94567(a) must be submitted in accordance with the following requirements: (1) Timing of Application Submittal. An application must be submitted and approved by the Executive Officer before the start of the proposed delayed compliance period. (2) Application Contents. The application must contain all of the following information: (A) the responsible party's company name, street and mailing address, telephone number, and designated contact person for the application; (B) information on the HERCs to be used, including HERC Account Holder, quantities, credit generation periods, and expiration dates; (C) the amount of excess emissions the HERCs will be used to offset (i.e., "Projected Excess Emissions" calculated using the protocol specified in section 94569); (D) the list of the consumer products (i.e., applicable consumer products) for which the responsible party is requesting additional time to comply with the VOC standard identified in paragraph (E) of this subsection; (E) the VOC standard specified in sections 94502, 94509, or 94522, Title 17, California Code of Regulations, for which the responsible party is requesting additional time to comply; (F) the list of stock keeping units for each applicable consumer product, including any product identification numbers used by the responsible party to identify the stock keeping units; (G) product labels for each stock keeping unit for each applicable consumer product; (H) the responsible party's most recent speciated formulation data for each applicable consumer product (aggregated data may be submitted for the different stock keeping units) including percent by weight values to the nearest 0.1 percent for the following: 1. VOC content (for aggregated data, the applicant shall submit the highest VOC content or a sales-weighted average VOC content) and 2. each compound present in the formulation, except compounds that amount to a combined concentration of one percent by weight or less; (I) documented sales for each applicable consumer product for the most recent twelve-month period (for which documented sales records are available) prior to the delayed compliance period, and supporting documentation that shows how sales were calculated using the documented sales records and a methodology which will be subject to Executive Officer approval pursuant to section 94568(b)(2)(K) and section 94570(a)(2); (J) the list of contact persons, telephone numbers, and street and mailing addresses of all persons and businesses who have provided, or will provide, information for the determination of documented sales for all the applicable consumer products; (K) a demonstration to the satisfaction of the Executive Officer of the validity of the methodology(ies) used, or to be used, to calculate documented sales pursuant to sections 94568(b)(2)(I), 94569, and 94571(b), based on the documented sales records provided by the responsible party or the contact persons listed in paragraph (J) of this subsection (b)(2); (L) test results, using a method(s) specified in sections 94506, 94515 or 94526, Title 17, California Code of Regulations, as applicable, that verify the VOC content information for the applicable consumer product as specified in paragraph (H) of this subsection (b)(2); the units that were tested must have come from three different batches that were manufactured less than one calendar year before the beginning of the proposed delayed compliance period; (M) the proposed delayed compliance period, in days, requested by the responsible party, including the dates on which the delayed compliance period would begin and end; (N) for a proposed delayed compliance period greater than 365 days, a proposed schedule for annual submittal of information on "Documented Sales Delayed Compliance Period" and "Actual Excess Emissions" as defined in section 94569 and required pursuant to section 94571(b); and (O) a signed declaration as specified in section 94568(e). (c) Application Requirements for HERC Use Pursuant to Sections 94567(b) or 94567(c). For HERC use as specified in sections 94567(b) or 94567(c), an application must be submitted in accordance with the following requirements: (1) Timing of Application Submittal. The application must be submitted to and approved by the Executive Officer prior to the use of HERCs as specified in sections 94567(b) or 94567(c). (2) Application Contents. The application must contain all of the following information: (A) the responsible party's company name, street and mailing address, telephone number, and designated contact person for the application; (B) information on the HERCs to be used, including HERC Account Holder, quantities, credit generation periods, and expiration dates; (C) the amount of excess emissions the HERCs will be used to offset; and (D) a signed declaration as specified in section 94568(e). (d) Applicable Time Periods and Procedures for Review of HERC Use Applications. The following time periods and procedures shall apply to the Executive Officer's review of a HERC use application: (1) Application Completeness Determination. Within 30 days after receiving an application, the Executive Officer shall inform the applicant in writing that the application is complete, or that the application is deficient and shall identify the specific information required to make the application complete. (2) Application Completeness Determination After Receiving Additional Information. Within 15 days after receiving additional information provided in response to a determination by the Executive Officer that an application is deficient, the Executive Officer shall inform the applicant in writing, either that the new information is sufficient to make the application complete, or that the application is deficient and shall identify the specific information required to make the application complete. (3) Approval Determination for Application. Within 90 days after determining that the HERC use application is complete, the Executive Officer shall determine whether to approve the use of HERCs. (4) Extension of Time Periods. For any of the time periods specified in this subsection (d), the Executive Officer and the applicant may agree to a longer time period for the Executive Officer to make a decision. (e) Declaration by Responsible Party. The application, and any additional information submitted, must include a declaration, signed by a legal representative of the responsible party, that the submittal contains true, accurate, and complete information based on information and belief formed after reasonable inquiry. Any person submitting information directly (i.e., the information is not reviewed or submitted through the responsible party) to the Executive Officer on behalf of the responsible party must also make such a declaration. (f) Specified VOC Limit for a Consumer Product in the Hairspray Credit Program. No applicable consumer product manufactured during a delayed compliance period shall exceed the VOC content for that product specified in the Executive Order approving the application to use HERCs. Note: Authority cited: Sections 39600, 39601 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code. s 94569. Protocol for Calculation of Excess Emissions During a Delayed Compliance Period. The following equations shall be used to determine the amount of excess emissions from an applicable consumer product manufactured during a delayed compliance period (or a portion of a period, if applicable): Projected Excess Emissions = ([VOC Content] Product - [VOC Standard] Product)(Projected Sales) Actual Excess Emissions = ([VOC Content] Product - [VOC Standard] Product)(Documented Sales Delayed Compliance Period) where, "Projected Excess Emissions" and "Actual Excess Emissions" shall be expressed to the nearest pound of VOC (if the product is an antiperspirant or deodorant, the nearest pound of HVOC or MVOC, as applicable). "Projected Sales" shall be determined with the following equation: Projected Sales = (Delayed Compliance Period/365)(Documented Sales Previous Year) where, "Delayed Compliance Period" shall be expressed in days. "Documented Sales Previous Year" means the documented sales, in pounds, (determined using methodology approved by the Executive Officer) for the applicable consumer product for the most recent twelve-month period (for which documented sales records are available) prior to the delayed compliance period, as reported in the HERC use application submitted in accordance with section 94568. "[VOC Content] Product" means the VOC content, in percent, of the applicable consumer product as reported in the HERC use application. (If the product is an antiperspirant or deodorant, the VOC Content shall be expressed as HVOC or MVOC, as applicable.) "[VOC Standard] Product" means the VOC standard, in percent, for the consumer product category as set forth by sections 94502, 94509 or 94522, Title 17, California Code of Regulations. "Documented Sales Delayed Compliance Period" means the documented sales, in pounds, (determined using methodology approved by the Executive Officer) for the applicable consumer product manufactured during the delayed compliance period, or a portion of the delayed compliance period, if applicable, as reported pursuant to section 94571(b). Note: Authority cited: Sections 39600, 39601 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code. s 94570. Approval of Application for Use of Hairspray Emission Reduction Credits. The Executive Officer shall, by means of Executive Order, approve the use of HERCs only after making the following determinations: (a) For HERC use as specified in section 94567(a), the Executive Officer shall determine the following: (1) "Projected Excess Emissions" have been calculated in accordance with the protocol specified in section 94569; (2) the methodology(ies) used pursuant to sections 94568(b)(2)(I), 94569, and 94571(b) is appropriate for determining accurate documented sales information; (3) the VOC content specified for the applicable consumer product, as reported in the application, has been verified by speciated formulation data submitted pursuant to section 94568(b)(2)(H) and test results in accordance with sections 94506, 94515 or 94526, Title 17, California Code of Regulations, as applicable; and (4) the use of HERCs is consistent with the State Implementation Plan and federal requirements; (b) For HERC use specified in sections 94567(a), 94567(b), and 94567(c), the Executive Officer shall determine that the responsible party's HERC account contains a sufficient quantity of HERCs to offset the projected excess emissions (which may consist of VOC, HVOC, or MVOC), to mitigate excess emissions that result from the granting of a variance, or to reconcile any shortfall occurring in a compliance period for an Alternative Control Plan, as applicable. The Executive Officer shall also determine if the responsible party's HERC account contains a sufficient quantity of HERCs to provide the additional amount of HERCs required pursuant to section 94567(h), if applicable. (c) For HERC use specified in sections 94567(a), 94567(b), and 94567(c), the Executive Officer shall determine that the use of HERCs will not result in any greater emissions of toxic air contaminants, as defined per Health and Safety Code section 39657(b), than would otherwise have occurred if HERCs were not used. Note: Authority cited: Sections 39600, 39601 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code. s 94571. Modification and Reconciliation of Account Balance for HERC Use. (a) Modification of Account Balance After Approval of HERC Use. When an application for HERC use is approved, the Executive Officer shall modify the applicant's HERC account to remove the amount of HERCs necessary to offset the excess emissions, as specified in the application (e.g., for use pursuant to section 94567(a), "Projected Excess Emissions" calculated pursuant to section 94569) and, if applicable, to provide the additional amount of HERCs required pursuant to section 94567(h). (b) Requirement to Submit Information on Documented Sales and Actual Excess Emissions. For HERC use pursuant to section 94567(a) only, the responsible party (i.e, the applicant for HERC use or the HERC Account holder) must submit to the Executive Officer, within 120 days after the conclusion of the delayed compliance period, documented sales for the delayed compliance period and "Actual Excess Emissions" calculated in accordance with section 94569. For a delayed compliance period of more than 365 days, information on documented sales and actual excess emissions must be submitted annually in accordance with the time schedule specified in the Executive Order approving the application to use HERCs. (c) Correction of Account Balance. The Executive Officer shall debit or credit the HERC Account accordingly to correct for any difference between the "Projected Excess Emissions" and the "Actual Excess Emissions" during the delayed compliance period (or portion of the period, if applicable), including any additional amount of HERCs required pursuant to section 94567(h), based on the documented sales information submitted in accordance with section 94571(b). (d) Reconciliation of Negative Balance. If correction of the HERC Account pursuant to section 94571(c) results in an overall negative balance in the HERC Account, the responsible party must completely reconcile the negative balance within 180 days of the conclusion of the delayed compliance period (or portion of the period, if applicable) or within the time period specified in the Executive Order. Note: Authority cited: Sections 39600, 39601 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code. s 94572. Recordkeeping and Availability of Requested Information. (a) All information specified in the Executive Order approving an application to request HERCs or an application to use HERCs must be maintained by the responsible party for a minimum of five years after the approval date of the Executive Order, or the date such records are generated, whichever is later. (b) The records specified in subsection (a) of this section shall be made available to the Executive Officer or his or her authorized representative within the following time periods: (1) immediately upon request, during an on-site visit to the responsible party for a product participating in the Hairspray Credit Program, (2) within 7 days after receipt of a written request from the Executive Officer, or (3) within a time period agreed upon by both the Executive Officer and the responsible party. Note: Authority cited: Sections 39600, 39601, 41511 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000, 41511 and 41712, Health and Safety Code. s 94573. Violations. (a) Violations in General. Any person who commits a violation of this article is subject to the penalties specified in Health and Safety Code section 42400 et seq. Failure to meet any requirement of this article or any condition of an applicable Executive Order shall constitute a single, separate violation of this article for each day until such requirement or condition is satisfied, except as otherwise provided in subsections (b), (c), (d), (e) and (f) of this section. (b) Exceedances of Specified VOC Content. Any exceedance during the applicable compliance period of the VOC content specified for a hairspray product or other consumer product in the Executive Order approving (1) Part Two of an application to request HERCs pursuant to section 94563 or (2) an application to use HERCs pursuant to section 94568 shall constitute a single, separate violation of the requirements of this article for each product unit manufactured during the applicable compliance period for sale in California which exceeds the specified VOC content. (c) False Reporting of Information. (1) False reporting of any information contained in an application to request HERCs pursuant to section 94563, or in any supporting documentation or amendments to an application, shall constitute a single, separate violation of the requirements of this article for each day of the credit generation period for the HERCs. (2) False reporting of any information contained in an application to use HERCs pursuant to section 94568, or in any supporting documentation or amendments to an application, shall constitute a single, separate violation of the requirements of this article for each day during the time period in which the HERCs are to be used. (3) False reporting of any information submitted to satisfy the requirements of section 94571(b) for documented sales information during a delayed compliance period shall constitute a single, separate violation of the requirements of this article for each day of the delayed compliance period. (d) Failure to Meet Applicable Deadlines. Any of the following actions shall each constitute a single, separate violation of the requirements of this article for each day after the applicable deadline until the requirement is satisfied: (1) Failure to submit accurate documented sales for a delayed compliance period (or a portion of the period, if applicable) within 120 days after conclusion of this period, as specified in section 94571(b), or within the time schedule specified in the Executive Order approving the application to use HERCs. (2) Failure to compltely reconcile a negative balance for a HERC account within 180 days after the conclusion of the applicable delayed compliance period (or portion of the period, if applicable) as specified in section 94571(d), or within the time schedule specified in the Executive Order approving the application to use HERCs. (e) Negative Balances in HERC Accounts at End of Delayed Compliance Period. Except as provided in subsection (f) of this section, any overall negative balance that occurs in a HERC Account after the Executive Officer has made the correction specified in section 94571(c) for the difference between "Projected Excess Emissions" and "Actual Excess Emissions" at the end of a delayed compliance period (or portion of the period, if applicable) shall constitute a single, separate violation of the requirements of this article for each day of the delayed compliance period, or portion of the period. (f) Number of Violations Resulting from Negative Balances. If a violation specified in subsection (e) of this section occurs, the responsible party may, pursuant to this subsection (f), establish a number of violations less than that set forth in subsection (e) as calculated according to the following equation: Number of Violations = Days Delayed - Days Covered where, "Days Delayed" means the number of days in the delayed compliance period (or portion of the period, if applicable) "Days Covered" means the number of days in the delayed compliance period (or portion of the period, if applicable) for which there are sufficient HERCs to offset excess emissions as calculated using the following equation: Days Covered = (HERCs Provided + HERCs Correction)(Days Delayed /Actual Excess Emissions) where, "HERCs Provided" means the amount of HERCs, expressed as pounds, removed from the applicant's HERC Account upon approval of a HERC use application pursuant to section 94571(a); "HERCs Correction" means the amount of HERCs, expressed as pounds, removed from the applicant's HERC Account to correct for a difference in "Projected Excess Emissions" and "Actual Excess Emissions" pursuant to section 94571(c); and "Actual Excess Emissions" means the amount of excess emissions, expressed as pounds, from a consumer product manufactured during a delayed compliance period (or portion of the period, if applicable) as calculated pursuant to section 94569 and reported by the responsible party pursuant to section 94571(b). The responsible party may determine the number of violations pursuant to this subsection (f) only if it has provided all required information for the applicable delayed compliance period (or portion of the period, if applicable) as specified in the Executive Order approving the HERC use. By choosing this option, the responsible party waives any and all legal objections to the calculation of the number of violations pursuant to this subsection (f). (g) Assessment of Penalties. In assessing the amount of penalties for any violation occurring pursuant to subsections (a)-(f) of this section, the circumstances identified in Health and Safety Code section 42403(b) shall be taken into consideration. (h) Statute of Limitations. Any limitation of time applicable to actions brought pursuant to this article shall be deemed to accrue on the date(s) when the records establishing a violation are received by the Executive Officer. (i) Liability of Responsible Parties and HERC Account Holders. A responsible party or HERC Account holder is fully liable for compliance with the requirements of this article, even if the responsible party or HERC account holder contracts with or otherwise relies on another person to carry out some or all of the requirements of this article. Note: Authority cited: Sections 39600, 39601 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000, 41712, 42400-42403 and 42404.5, Health and Safety Code; and Section 338(k), Code of Civil Procedure s 94574. Federal Enforceability. For purposes of federal enforceability of this article, the United States Environmental Protection Agency (U.S. EPA) is not subject to approval determinations made by the Executive Officer under this article. Within 180 days of a request from a responsible party who has received approval of an application to use HERCs, a HERC use approval meeting the requirements of the Clean Air Act shall be submitted by the Executive Officer to the U.S. EPA for inclusion in the applicable implementation plan approved or promulgated by the U.S. EPA pursuant to section 110 of the Clean Air Act, 42 U.S.C., section 7410. Prior to submitting a HERC use approval as a revision to the applicable implementation plan, the Executive Officer shall hold a public hearing on the revision. Notice of the time and place of the hearing shall be sent to the applicant by certified mail not less than 30 days prior to the hearing. Notice of the hearing shall also be submitted for publication in the California Regulatory Notice Register and sent to the U.S. EPA, every person who requests such notice, and any person or group of persons whom the Executive Officer believes may be interested in the application. Within 30 days of the hearing, the Executive Officer shall notify the applicant of the decision in writing. The decision may approve, disapprove, or modify a HERC use approval previously granted pursuant to section 94568. Note: Authority cited: Sections 39600, 39601 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code. s 94575. Program Evaluation. On an ongoing basis the Executive Officer shall evaluate the implementation of the Hairspray Credit Program, and track program results in terms of both actual emission reductions, and, to the extent practicable, cost savings relative to traditional regulatory programs. This program evaluation shall include an annual analysis of credit generation and use activities, and a description of any significant problems in the implementation of the program. At least once every three years, the Executive Officer shall provide to the United States Environmental Protection Agency (U.S. EPA) a report on the program evaluation, including a comparison of credit generation and use activities for the previous three years, an assessment of the benefit to the environment which has resulted from the program, and a description of any significant problems that have occurred. Note: Authority cited: Sections 39600, 39601 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code. s 94700. MIR Values for Compounds. MIR Value New MIR Value Organic Compound July 18, 2001 (July 7, 2004) Carbon Monoxide 0.06 0.06 Methane 0.01 0.01 Ethane 0.31 0.31 Propane 0.56 0.56 n-Butane 1.33 1.33 n-Pentane 1.54 1.54 n-Hexane 1.45 1.45 n-Heptane 1.28 1.28 n-Octane 1.11 1.11 n-Nonane 0.95 0.95 n-Decane 0.83 0.83 n-Undecane 0.74 0.74 n-Dodecane 0.66 0.66 n-Tridecane 0.62 0.62 n-Tetradecane 0.58 0.58 n-Pentadecane 0.56 0.53 n-C16 0.52 0.52 n-C17 0.49 0.49 n-C18 0.47 0.44 n-C19 0.44 0.44 n-C20 0.42 0.42 n-C21 0.40 0.40 n-C22 0.38 0.38 Isobutane 1.35 1.35 Isopentane 1.68 1.68 Neopentane 0.69 0.69 Branched C5 Alkanes 1.68 1.68 2,2-Dimethyl Butane 1.33 1.33 2,3-Dimethyl Butane 1.14 1.14 2-Methyl Pentane (Isohexane) 1.80 1.80 3-Methyl Pentane 2.07 2.07 Branched C6 Alkanes 1.53 1.53 2,2,3-Trimethyl Butane 1.32 1.32 2,2-Dimethyl Pentane 1.22 1.22 2,3-Dimethyl Pentane 1.55 1.55 2,4-Dimethyl Pentane 1.65 1.65 2-Methyl Hexane 1.37 1.37 3,3-Dimethyl Pentane 1.32 1.32 3-Methyl Hexane 1.86 1.86 Branched C7 Alkanes 1.63 1.63 2,2,3,3-Tetramethyl Butane 0.44 0.44 2,2,4-Trimethyl Pentane (Isooctane) 1.44 1.44 2,2-Dimethyl Hexane 1.13 1.13 2,3,4-Trimethyl Pentane 1.23 1.23 2,3-Dimethyl Hexane 1.34 1.34 2,4-Dimethyl Hexane 1.80 1.80 2,5-Dimethyl Hexane 1.68 1.68 2-Methyl Heptane 1.20 1.20 3-Methyl Heptane 1.35 1.35 4-Methyl Heptane 1.48 1.48 Branched C8 Alkanes 1.57 1.57 2,2,5-Trimethyl Hexane 1.33 1.33 2,3,5-Trimethyl Hexane 1.33 1.33 2,4-Dimethyl Heptane 1.48 1.48 2-Methyl Octane 0.96 0.96 3,3-Diethyl Pentane 1.35 1.35 3,5-Dimethyl Heptane 1.63 1.63 4-Ethyl Heptane 1.44 1.44 4-Methyl Octane 1.08 1.08 Branched C9 Alkanes 1.25 1.25 2,4-Dimethyl Octane 1.09 1.09 2,6-Dimethyl Octane 1.27 1.27 2-Methyl Nonane 0.86 0.86 3,4-Diethyl Hexane 1.20 1.20 3-Methyl Nonane 0.89 0.89 4-Methyl Nonane 0.99 0.99 4-Propyl Heptane 1.24 1.24 Branched C10 Alkanes 1.09 1.09 2,6-Dimethyl Nonane 0.95 0.95 3,5-Diethyl Heptane 1.21 1.21 3-Methyl Decane 0.77 0.77 4-Methyl Decane 0.80 0.80 Branched C11 Alkanes 0.87 0.87 2,3,4,6-Tetramethyl Heptane 1.26 1.26 2,6-Diethyl Octane 1.09 1.09 3,6-Dimethyl Decane 0.88 0.88 3-Methyl Undecane 0.70 0.70 5-Methyl Undecane 0.72 0.72 Branched C12 Alkanes 0.80 0.80 2,3,5,7-Tetramethyl Octane 1.06 1.06 3,6-Dimethyl Undecane 0.82 0.82 3,7-Diethyl Nonane 1.08 1.08 3-Methyl Dodecane 0.64 0.64 5-Methyl Dodecane 0.64 0.64 Branched C13 Alkanes 0.73 0.73 2,4,6,8-Tetramethyl Nonane 0.94 0.94 2,3,6-Trimethyl 4-Isopropyl Heptane 1.24 1.24 3,7-Dimethyl Dodecane 0.74 0.74 3,8-Diethyl Decane 0.68 0.68 3-Methyl Tridecane 0.57 0.57 6-Methyl Tridecane 0.62 0.62 Branched C14 Alkanes 0.67 0.67 2,4,5,6,8-Pentamethyl Nonane 1.11 1.11 2-Methyl 3,5-Diisopropyl Heptane 0.78 0.78 3,7-Dimethyl Tridecane 0.64 0.64 3,9-Diethyl Undecane 0.62 0.62 3-Methyl Tetradecane 0.53 0.53 6-Methyl Tetradecane 0.57 0.57 Branched C15 Alkanes 0.60 0.60 2,6,8-Trimethyl 4-Isopropyl Nonane 0.76 0.76 3-Methyl Pentadecane 0.50 0.50 4,8-Dimethyl Tetradecane 0.58 0.55 7-Methyl Pentadecane 0.51 0.51 Branched C16 Alkanes 0.54 0.54 2,7-Dimethyl 3,5-Diisopropyl Heptane 0.69 0.69 Branched C17 Alkanes 0.51 0.51 Branched C18 Alkanes 0.48 0.48 Cyclopropane 0.10 0.10 Cyclobutane 1.05 1.05 Cyclopentane 2.69 2.69 Cyclohexane 1.46 1.46 Isopropyl Cyclopropane 1.52 1.52 Methylcyclopentane 2.42 2.42 C6 Cycloalkanes 1.46 1.46 1,3-Dimethyl Cyclopentane 2.15 2.15 Cycloheptane 2.26 2.26 Ethyl Cyclopentane 2.27 2.27 Methylcyclohexane 1.99 1.99 C7 Cycloalkanes 1.99 1.99 C8 Bicycloalkanes [FNa1] 1.75 1.75 1,3-Dimethyl Cyclohexane 1.72 1.72 Cyclooctane 1.73 1.73 Ethylcyclohexane 1.75 1.75 Propyl Cyclopentane 1.91 1.91 C8 Cycloalkanes 1.75 1.75 C9 Bicycloalkanes 1.57 1.57 1,1,3-Trimethyl Cyclohexane 1.37 1.37 1-Ethyl-4-Methyl Cyclohexane 1.62 1.62 Propyl Cyclohexane 1.47 1.47 C9 Cycloalkanes 1.55 1.55 C10 Bicycloalkanes 1.29 1.29 1,3-Diethyl Cyclohexane 1.34 1.34 1,4-Diethyl Cyclohexane 1.49 1.49 1-Methyl-3-Isopropyl Cyclohexane 1.26 1.26 Butyl Cyclohexane 1.07 1.07 C10 Cycloalkanes 1.27 1.27 C11 Bicycloalkanes 1.01 1.01 1,3-Diethyl-5-Methyl Cyclohexane 1.11 1.11 1-Ethyl-2-Propyl Cyclohexane 0.95 0.95 Pentyl Cyclohexane 0.91 0.91 C11 Cycloalkanes 0.99 0.99 C12 Bicycloalkanes 0.88 0.88 C12 Cycloalkanes 0.87 0.87 1,3,5-Triethyl Cyclohexane 1.06 1.06 1-Methyl-4-Pentyl Cyclohexane 0.81 0.81 Hexyl Cyclohexane 0.75 0.75 C13 Bicycloalkanes 0.79 0.79 1,3-Diethyl-5-Propyl Cyclohexane [FNa1] 0.96 0.96 1-Methyl-2-Hexyl Cyclohexane 0.70 0.70 Heptyl Cyclohexane 0.66 0.66 C13 Cycloalkanes 0.78 0.78 C14 Bicycloalkanes 0.71 0.71 1,3-Dipropyl-5-Ethyl Cyclohexane 0.94 0.94 1-Methyl-4-Heptyl Cyclohexane 0.58 0.58 Octyl Cyclohexane 0.60 0.60 C14 Cycloalkanes 0.71 0.71 C15 Bicycloalkanes 0.69 0.69 1,3,5-Tripropyl Cyclohexane 0.90 0.90 1-Methyl-2-Octyl Cyclohexane 0.60 0.60 Nonyl Cyclohexane 0.54 0.54 C15 Cycloalkanes 0.68 0.68 1,3-Dipropyl-5-Butyl Cyclohexane 0.77 0.77 1-Methyl-4-Nonyl Cyclohexane 0.55 0.55 Decyl Cyclohexane 0.50 0.50 C16 Cycloalkanes 0.61 0.61 Ethene 9.08 9.08 Propene (Propylene) 11.58 11.58 1-Butene 10.29 10.29 C4 Terminal Alkenes 10.29 10.29 1-Pentene 7.79 7.79 3-Methyl-1-Butene 6.99 6.99 C5 Terminal Alkenes 7.79 7.79 1-Hexene 6.17 6.17 3,3-Dimethyl-1-Butene 6.06 6.06 3-Methyl-1-Pentene 6.22 6.22 4-Methyl-1-Pentene 6.26 6.26 C6 Terminal Alkenes 6.17 6.17 1-Heptene 4.56 4.20 1-Octene 3.45 3.45 C8 Terminal Alkenes 3.45 3.45 1-Nonene 2.76 2.76 C9 Terminal Alkenes 2.76 2.76 1-Decene 2.28 2.28 C10 Terminal Alkenes 2.28 2.28 1-Undecene 1.95 1.95 C11 Terminal Alkenes 1.95 1.95 C12 Terminal Alkenes 1.72 1.72 1-Dodecene 1.72 1.72 1-Tridecene 1.55 1.55 C13 Terminal Alkenes 1.55 1.55 1-Tetradecene 1.41 1.41 C14 Terminal Alkenes 1.41 1.41 1-Pentadecene 1.37 1.27 C15 Terminal Alkenes 1.37 1.27 2-Methyl Pentene (Isobutene) 6.35 6.35 2-Methyl-1-Butene 6.51 6.51 2,3-Dimethyl-1-Butene 4.77 4.77 2-Ethyl-1-Butene 5.04 5.04 2-Methyl-1-Pentene 5.18 5.18 2,3,3-Trimethyl-1-Butene 4.62 4.62 C7 Terminal Alkenes 4.56 4.20 3-Methyl-2-Isopropyl-1-Butene 3.29 3.29 cis-2-Butene 13.22 13.22 trans-2-Butene 13.91 13.91 C4 Internal Alkenes 13.57 13.57 2-Methyl-2-Butene 14.45 14.45 cis-2-Pentene 10.24 10.24 trans-2-Pentene 10.23 10.23 2-Pentenes 10.23 10.23 C5 Internal Alkenes 10.23 10.23 2,3-Dimethyl-2-Butene 13.32 13.32 2-Methyl-2-Pentene 12.28 12.28 Cis-2-Hexene 8.44 8.44 Cis-3-Hexene 8.22 8.22 cis-3-Methyl-2-Pentene [FNa1] 12.84 12.84 Cis-3-Methyl-2-Hexene 13.38 13.38 Trans 3-Methyl-2-Hexene 14.17 14.17 Trans 4-Methyl-2-Hexene 7.88 7.88 Trans-2-Hexene 8.44 8.44 Trans-3-Hexene 8.16 8.16 2-Hexenes 8.44 8.44 C6 Internal Alkenes 8.44 8.44 2,3-Dimethyl-2-Hexene 10.41 10.41 Cis-3-Heptene 6.96 6.96 Trans-4,4-Dimethyl-2-Pentene 6.99 6.99 Trans-2-Heptene 7.33 7.33 Trans-3-Heptene 6.96 6.96 2-Heptenes 6.96 6.96 C7 Internal Alkenes 6.96 6.96 Cis-4-Octene 5.94 5.94 Trans-2,2-Dimethyl-3-Hexene 5.97 5.97 Trans-2,5-Dimethyl-3-Hexene 5.44 5.44 Trans-3-Octene 6.13 6.13 Trans-4-Octene 5.90 5.90 3-Octenes 6.13 6.13 C8 Internal Alkenes 5.90 5.90 2,4,4-Trimethyl-2-Pentene 5.85 8.52 3-Nonenes 5.31 5.31 C9 Internal Alkenes 5.31 5.31 Trans-4-Nonene 5.23 5.23 3,4-Diethyl-2-Hexene 3.95 3.95 Cis-5-Decene 4.89 4.89 Trans-4-Decene 4.50 4.50 C10 3-Alkenes 4.50 4.50 C10 Internal Alkenes 4.50 4.50 Trans-5-Undecene 4.23 4.23 C11 3-Alkenes 4.23 4.23 C11 Internal Alkenes 4.23 4.23 C12 2-Alkenes 3.75 3.75 C12 3-Alkenes 3.75 3.75 C12 Internal Alkenes 3.75 3.75 Trans-5-Dodecene 3.74 3.74 Trans-5-Tridecene 3.38 3.38 C13 3-Alkenes 3.38 3.38 C13 Internal Alkenes 3.38 3.38 Trans-5-Tetradecene 3.08 3.08 C14 3-Alkenes 3.08 3.08 C14 Internal Alkenes 3.08 3.08 Trans-5-Pentadecene 2.82 2.82 C15 3-Alkenes 2.82 2.82 C15 Internal Alkenes 2.82 2.82 C4 Alkenes 11.93 11.93 C5 Alkenes 9.01 9.01 C6 Alkenes 6.88 6.88 C7 Alkenes 5.76 5.76 C8 Alkenes 4.68 4.68 C9 Alkenes 4.03 4.03 C10 Alkenes 3.39 3.39 C11 Alkenes 3.09 3.09 C12 Alkenes 2.73 2.73 C13 Alkenes 2.46 2.46 C14 Alkenes 2.28 2.28 C15 Alkenes 2.06 2.06 Cyclopentene 7.38 7.38 1-Methyl Cyclopentene 13.95 13.95 Cyclohexene 5.45 5.45 1-Methyl Cyclohexene 7.81 7.81 4-Methyl Cyclohexene 4.48 4.48 1,2-Dimethyl Cyclohexene 6.77 6.77 1,3-Butadiene 13.58 13.58 Isoprene 10.69 10.69 C6 Cyclic or Di-olefins 8.65 8.65 C7 Cyclic or Di-olefins 7.49 7.49 C8 Cyclic or Di-olefins 6.01 6.01 C9 Cyclic or Di-olefins 5.40 5.40 C10 Cyclic or Di-olefins 4.56 4.56 C11 Cyclic or Di-olefins 4.29 4.29 C12 Cyclic or Di-olefins 3.79 3.79 C13 Cyclic or Di-olefins 3.42 3.42 C14 Cyclic or Di-olefins 3.11 3.11 C15 Cyclic or Di-olefins 2.85 2.85 Cyclopentadiene 7.61 7.61 3-Carene 3.21 3.21 a-Pinene (Pine Oil) 4.29 4.29 b-Pinene 3.28 3.28 d-Limonene (Dipentene or Orange Terpene) 3.99 3.99 Sabinene 3.67 3.67 Terpene 3.79 3.79 Styrene 1.95 1.95 a-Methyl Styrene 1.72 1.72 C9 Styrenes 1.72 1.72 C10 Styrenes 1.53 1.53 Benzene 0.81 0.81 Toluene 3.97 3.97 Ethyl Benzene 2.79 2.79 Cumene (Isopropyl Benzene) 2.32 2.32 n-Propyl Benzene 2.20 2.20 C9 Monosubstituted Benzenes 2.20 2.20 s-Butyl Benzene 1.97 1.97 C10 Monosubstituted Benzenes 1.97 1.97 n-Butyl Benzene 1.97 1.97 C11 Monosubstituted Benzenes 1.78 1.78 C12 Monosubstituted Benzenes 1.63 1.63 C13 Monosubstituted Benzenes 1.50 1.50 m-Xylene 10.61 10.61 o-Xylene 7.49 7.49 p-Xylene 4.25 4.25 C8 Disubstituted Benzenes 7.48 7.48 m-Ethyl Toluene [FNa1] 9.37 9.37 p-Ethyl Toluene [FNa1] 3.75 3.75 o-Ethyl Tolueme [FNa1] 6.61 6.61 C9 Disubstituted Benzenes 6.61 6.61 o-Diethyl Benzene [FNa1] 5.92 5.92 m-Diethyl Benzene [FNa1] 8.39 8.39 p-Diethyl Benzene [FNa1] 3.36 3.36 C10 Disubstituted Benzenes 5.92 5.92 C11 Disubstituted Benzenes 5.35 5.35 C12 Disubstituted Benzenes 4.90 4.90 C13 Disubstituted Benzenes 4.50 4.50 Isomers of Ethylbenzene 5.16 5.16 1,2,3-Trimethyl Benzene 11.26 11.26 1,2,4-Trimethyl Benzene 7.18 7.18 1,3,5-Trimethyl Benzene 11.22 11.22 C9 Trisubstituted Benzenes 9.90 9.90 Isomers of Propylbenzene 6.12 6.12 1,2,3,5-Tetramethyl Benzene [FNa1] 8.25 8.25 C10 Tetrasubstituted Benzenes 8.86 8.86 C10 Trisubstituted Benzenes 8.86 8.86 Isomers of Butylbenzene 5.48 5.48 C11 Pentasubstituted Benzenes 8.03 8.03 C11 Tetrasubstituted Benzenes 8.03 8.03 C11 Trisubstituted Benzenes 8.03 8.03 Isomers of Pentylbenzene 4.96 4.96 C12 Pentasubstituted Benzenes 7.33 7.33 C12 Hexasubstituted Benzenes 7.33 7.33 C12 Tetrasubstituted Benzenes 7.33 7.33 C12 Trisubstituted Benzenes 7.33 7.33 Isomers of Hexylbenzene 4.53 4.53 C13 Trisubstituted Benzenes 6.75 6.75 Indene [FNa1] 3.21 3.21 Indane 3.17 3.17 Naphthalene 3.26 3.26 Tetralin 2.83 2.83 Methyl Indans [FNa1] 2.83 2.83 Methyl Naphthalenes 4.61 4.61 1-Methyl Naphthalene 4.61 4.61 2-Methyl Naphthalene 4.61 4.61 C11 Tetralin or Indane 2.56 2.56 2,3-Dimethyl Naphthalene 5.54 5.54 C12 Disubstituted Naphthalenes 5.54 5.54 Dimethyl Naphthalenes 5.54 5.54 C12 Monosubstituted Naphthalenes 4.20 4.20 C12 Tetralin or Indane [FNa1] 2.33 2.33 C13 Disubstituted Naphthalenes 5.08 5.08 C13 Trisubstituted Naphthalenes 5.08 5.08 C13 Monosubstituted Naphthalenes 3.86 3.86 Acetylene 1.25 1.25 Methyl Acetylene 6.45 6.45 2-Butyne 16.33 16.33 Ethyl Acetylene 6.20 6.20 Methanol 0.71 0.71 Ethanol 1.69 1.69 Isopropanol (2-Propanol or Isopropyl Alcohol) 0.71 0.71 N-Propanol (n-Propyl Alcohol) 2.74 2.74 Isobutanol (Isobutyl Alcohol) 2.24 2.24 1-Butanol (n-Butyl Alcohol) 3.34 3.34 2-Butanol (s-Butyl Alcohol) 1.60 1.60 t-Butyl Alcohol 0.45 0.45 Cyclopentanol 1.96 1.96 2-Pentanol 1.74 1.74 3-Pentanol 1.73 1.73 N-Pentanol (Amyl Alcohol) 3.35 3.35 Isoamyl Alcohol (3-Methyl-1-Butanol) [FNa1] 2.73 2.73 2-Methyl-1-Butanol [FNa1] 2.60 2.60 Cyclohexanol 2.25 2.25 1-Hexanol 2.74 2.74 2-Hexanol 2.46 2.46 4-Methyl-2-Pentanol (Methyl Isobutyl Carbinol) [FNa1] 2.89 2.89 1-Heptanol 2.21 2.21 Dimethylpentanol (2,3-Dimethyl-1- Pentanol) [FNa1] 2.51 2.51 1-Octanol 2.01 2.01 2-Ethyl-1-Hexanol (Ethyl Hexyl Alcohol) 2.20 2.20 2-Octanol 2.16 2.16 3-Octanol 2.57 2.57 4-Octanol 3.07 3.07 5-Methyl-1-Heptanol [FNa1] 1.95 1.95 Trimethylcyclohexanol [FNa1] 2.17 2.17 Dimethylheptanol (2,6-Dimethyl-2- Heptanol) [FNa1] 1.07 1.07 2,6-Dimethyl-4-Heptanol [FNa1] 2.37 2.37 Menthol [FNa1] 1.70 1.70 Isodecyl Alcohol (8-Methyl-1-Nonanol) 1.23 1.23 1-Decanol [FNa1] 1.22 1.22 3,7-Dimethyl-1-Octanol [FNa1] 1.42 1.42 Trimethylnonanolthreoerythro; 2,6,8- Trimethyl-4-Nonanol [FNa1] 1.55 1.55 Ethylene Glycol 3.36 3.36 Propylene Glycol 2.75 2.75 1,2-Butanediol 2.21 2.21 Glycerol (1,2,3-Propanetriol) 3.27 3.27 1,4-Butanediol [FNa1] 3.22 3.22 Pentaerythritol [FNa1] 2.42 2.42 1,2-Dihydroxy Hexane 2.75 2.75 2-Methyl-2,4-Pentanediol 1.04 1.04 2-Ethyl-1,3-Hexanediol [FNa1] 2.62 2.62 Dimethyl Ether 0.93 0.93 Trimethylene Oxide 5.22 5.22 1,3-Dioxolane [FNa1] 5.47 5.47 Dimethoxymethane 1.04 1.04 Tetrahydrofuran 4.95 4.95 Diethyl Ether 4.01 4.01 1,4-Dioxane [FNa1] 2.71 2.71 Alpha-Methyltetrahydrofuran 4.62 4.62 Tetrahydropyran 3.81 3.81 Ethyl Isopropyl Ether 3.86 3.86 Methyl n-Butyl Ether 3.66 3.66 Methyl t-Butyl Ether 0.78 0.78 2,2-Dimethoxypropane 0.52 0.52 Di n-Propyl Ether 3.24 3.24 Ethyl n-Butyl Ether 3.86 3.86 Ethyl t-Butyl Ether 2.11 2.11 Methyl t-Amyl Ether 2.14 2.14 Di-isopropyl Ether [FNa1] 3.56 3.56 Ethylene Glycol Diethyl Ether; 1,2- Diethoxyethane [FNa1] 2.84 2.84 Acetal (1,1-Diethoxyethane) [FNa1] 3.68 3.68 4,4-Dimethyl-3-Oxahexane [FNa1] 2.03 2.03 2-Butyl Tetrahydrofuran 2.53 2.53 Di-Isobutyl Ether 1.29 1.29 Di-n-butyl Ether 3.17 3.17 2-Methoxy-1-(2-Methoxy-1- Methylethoxy)-Propane [FNa1] 2.09 2.09 Di-n-Pentyl Ether 2.64 2.64 Ethylene Glycol Monomethyl Ether (2-Methoxyethanol) 2.98 2.98 Propylene Glycol Monomethyl Ether (1-Methoxy-2-Propanol) 2.62 2.62 2-Ethoxyethanol 3.78 3.78 2-Methoxy-1-Propanol 3.01 3.01 3-Methoxy-1-Propanol [FNa1] 4.01 4.01 Diethylene Glycol 3.55 3.55 Tetrahydro-2-Furanmethanol [FNa1] 3.54 3.54 Propylene Glycol Monoethyl Ether (1-Ethoxy-2-Propanol) 3.25 3.25 Ethylene Glycol Monopropyl Ether (2-Propoxyethanol) 3.52 3.52 3-Ethoxy-1-Propanol 4.24 4.24 3-Methoxy-1-Butanol 0.97 0.97 Diethylene Glycol Methyl Ether [2-(2-Methoxyethoxy) Ethanol] 2.90 2.90 Propylene Glycol Monopropyl Ether (1-Propoxy-2-Propanol) 2.86 2.86 Ethylene Glycol Monobutyl Ether [2-Butoxyethanol] 2.90 2.90 3-Methoxy-3-Methyl-Butanol 1.74 1.74 n-Propoxypropanol [FNa1] 3.84 3.84 2-(2-Ethoxyethoxy) Ethanol 3.19 3.19 Dipropylene Glycol 2.48 2.48 Triethylene Glycol [FNa1] 3.41 3.41 Propylene Glycol t-Butyl Ether (1-tert-Butoxy-2-Propanol) 1.71 1.71 2-tert-Butoxy-1-Propanol 1.81 1.81 n-Butoxy-2-Propanol 2.70 2.70 Dipropylene Glycol Methyl Ether Isomer (1-Methoxy-2- [2-Hydroxypropoxy]-Propane) 2.21 2.21 Dipropylene Glycol Methyl Ether Isomer (2-[2-Methoxypropoxy]-1- Propanol) 3.02 2.70 2-Hexyloxyethanol 2.45 2.45 2-(2-Propoxyethoxy) Ethanol 3.00 3.00 2,2,4-Trimethyl-1,3-Pentanediol 1.74 1.74 2-(2-Butoxyethoxy)-Ethanol 2.70 2.87 2-[2-(2-Methoxyethoxy) Ethoxy] Ethanol 2.62 2.62 Dipropylene Glycol Ethyl Ether [FNa1] 2.75 2.75 Ethylene Glycol 2-Ethylhexyl Ether [2-(2-Ethylhexyloxy) Ethanol] 1.71 1.71 2-[2-(2-Ethoxyethoxy) Ethoxy] Ethanol 2.66 2.66 Tetraethylene Glycol [FNa1] 2.84 2.84 1-(Butoxyethoxy)-2-Propanol [FNa1] 2.08 2.08 2-(2-Hexyloxyethoxy) Ethanol 2.03 2.03 Glycol Ether dpnb (1-(2-Butoxy-1- Methylethoxy)-2-Propanol [FNa1] 1.96 1.96 2-[2-(2-Propoxyethoxy) Ethoxy] Ethanol 2.46 2.46 2-[2-(2-Butoxyethoxy) Ethoxy] Ethanol 2.24 2.24 Tripropylene Glycol Monomethyl Ether 1.90 1.90 2,5,8,11-Tetraoxatridecan-13-ol 2.15 2.15 3,6,9,12-Tetraoxahexadecan-1-ol 1.90 1.90 Cumene Hydroperoxide (1-Methyl-1- Phenylethylhydroperoxide) [FNaa1] 12.61 12.61 Methyl Formate 0.06 0.06 Ethyl Formate 0.52 0.52 Methyl Acetate 0.07 0.07 gamma-Butyrolactone [FNa1] 1.15 1.15 Ethyl Acetate 0.64 0.64 Methyl Propionate 0.71 0.71 n-Propyl Formate 0.93 0.93 Isopropyl Formate [FNa1] 0.42 0.42 Ethyl Propionate 0.79 0.79 Isopropyl Acetate 1.12 1.12 Methyl Butyrate 1.18 1.18 Methyl Isobutyrate 0.70 0.70 n-Butyl Formate 0.95 0.95 Propyl Acetate 0.87 0.87 Ethyl Butyrate 1.25 1.25 Isobutyl Acetate 0.67 0.67 Methyl Pivalate (2,2-Dimethyl Propanoic Acid Methyl Ester) 0.39 0.39 n-Butyl Acetate 0.89 0.89 n-Propyl Propionate 0.93 0.93 s-Butyl Acetate 1.43 1.43 t-Butyl Acetate 0.20 0.20 Butyl Propionate 0.89 0.89 Amyl Acetate 0.96 0.96 n-Propyl Butyrate 1.17 1.17 Isoamyl Acetate (3-Methylbutyl Acetate) [FNa1] 1.18 1.18 2-Methyl-1-Butyl Acetate [FNa1] 1.17 1.17 EEP Solvent (Ethyl 3-Ethoxy Propionate) 3.61 3.61 2,3-Dimethylbutyl Acetate 0.84 0.84 2-Methylpentyl Acetate 1.11 1.11 3-Methylpentyl Acetate 1.31 1.31 4-Methylpentyl Acetate 0.92 0.92 Isobutyl Isobutyrate 0.61 0.61 n-Butyl Butyrate 1.12 1.12 n-Hexyl Acetate (Hexyl Acetate) 0.87 0.87 Methyl Amyl Acetate (4-Methyl-2- Pentanol Acetate) [FNa1] 1.46 1.46 n-Pentyl Propionate [FNa1] 0.79 0.79 2,4-Dimethylpentyl Acetate 0.98 0.98 2-Methylhexyl Acetate 0.89 0.89 3-Ethylpentyl Acetate 1.24 1.24 3-Methylhexyl Acetate 1.01 1.01 4-Methylhexyl Acetate 0.91 0.91 5-Methylhexyl Acetate 0.79 0.79 Isoamyl Isobutyrate 0.89 0.89 n-Heptyl Acetate (Heptyl Acetate) 0.73 0.73 2,4-Dimethylhexyl Acetate 0.93 0.93 2-Ethyl-Hexyl Acetate 0.79 0.79 3,4-Dimethylhexyl Acetate 1.16 1.16 3,5-Dimethylhexyl Acetate 1.09 1.09 3-Ethylhexyl Acetate 1.03 1.03 3-Methylheptyl Aceate 0.76 0.76 4,5-Dimethylhexyl Acetate 0.86 0.86 4-Methylheptyl Acetate 0.72 0.72 5-Methylheptyl Acetate 0.73 0.73 n-Octyl Acetate 0.64 0.64 2,3,5-Trimethylhexyl Acetate 0.86 0.86 2,3-Dimethylheptyl Acetate 0.84 0.84 2,4-Dimethylheptyl Acetate 0.88 0.88 2,5-Dimethylheptyl Acetate 0.86 0.86 2-Methyloctyl Acetate 0.63 0.63 3,5-Dimethylheptyl Acetate 1.01 1.01 3,6-Dimethylheptyl Acetate 0.87 0.87 3-Ethylheptyl Acetate 0.71 0.71 4,5-Dimethylheptyl Acetate 0.96 0.96 4,6-Dimethylheptyl Acetate 0.83 0.83 4-Methyloctyl Acetate 0.68 0.68 5-Methyloctyl Acetate 0.67 0.67 n-Nonyl Acetate 0.58 0.58 3,6-Dimethyloctyl Acetate 0.88 0.88 3-Isopropylheptyl Acetate 0.71 0.71 4,6-Dimethyloctyl Acetate 0.85 0.85 3,5,7-Trimethyloctyl Acetate 0.83 0.83 3-Ethyl-6-Methyloctyl Acetate 0.80 0.80 4,7-Dimethylnonyl Acetate 0.64 0.64 Methyl Dodecanoate (Methyl Laurate) [FNa1] 0.53 0.53 2,3,5,7-Tetramethyloctyl Acetate 0.74 0.74 3,5,7-Trimethylnonyl Acetate 0.76 0.76 3,6,8-Trimethylnonyl Acetate 0.72 0.72 2,4,6,8-Tetramethylnonyl Acetate 0.63 0.63 3-Ethyl-6,7-Dimethylnonyl Acetate 0.76 0.76 4,7,9-Trimethyldecyl Acetate 0.55 0.55 Methyl Myristate (Methyl Tetradecanoate) [FNa1] 0.47 0.47 2,3,5,6,8-Pentaamethylnonyl Acetate 0.74 0.74 3,5,7,9-Tetramethyldecyl Acetate 0.58 0.58 5-Ethyl-3,6,8-Trimethylnonyl Acetate 0.77 0.77 Dimethyl Carbonate 0.06 0.06 Propylene Carbonate (4-Methyl-1,3-Dioxolan-2-one) 0.25 0.25 Methyl Lactate 2.75 2.75 2-Methoxyethyl Acetate 1.18 1.18 Ethyl Lactate 2.71 2.71 Methyl Isopropyl Carbonate 0.69 0.69 Propylene Glycol Monomethyl Ether Acetate (1-Methoxy-2-Propyl Acetate) 1.71 1.71 2-Ethoxyethyl Acetate 1.90 1.90 2-Methoxy-1-Propyl Acetate 1.12 1.12 Methoxypropanol Acetate [FNa1] 1.97 1.97 Dimethyl Succinate 0.23 0.23 Ethylene Glycol Diacetate 0.72 0.72 1,2-Propylene Glycol Diacetate [FNa1] 0.94 0.94 Diisopropyl Carbonate 1.04 1.04 Dimethyl Glutarate 0.51 0.51 Ethylene Glycol Monobutyl Ether Acetate (2-Butoxyethyl Acetate) 1.67 1.67 Dimethyl Adipate 1.95 1.95 2-(2-Ethoxyethoxy) Ethyl Acetate 1.50 1.50 Dipropylene Glycol n-Propyl Ether Isomer #1 [FNa1] 2.13 2.13 Dipropylene Glycol Methyl Ether Acetate Isomer #1 [FNa1] 1.41 1.41 Dipropylene Glycol Methyl Ether Acetate Isomer #2 [FNa1] 1.58 1.58 Dipropylene Glycol Methyl Ether Acetate [FNa1] 1.49 1.49 Glyceryl Triacetate [FNa1] 0.57 0.57 2-(2-Butoxyethoxy) Ethyl Acetate 1.38 1.38 Substituted C7 Ester (C12) 0.92 0.92 1-Hydroxy-2,2,4-Trimethylpentyl-3- Isobutyrate 0.92 0.92 3-Hydroxy-2,2,4-Trimethylpentyl-1- Isobutyrate 0.88 0.88 Hydroxy-2,2,4-Trimethylpentyl- Isobutyrate Isomers (2,2,4-Trimethyl-1,3- Pentanediol Monoisobutyrate) 0.89 0.89 Substituted C9 Ester (C12) 0.89 0.89 Dimethyl Sebacate 0.48 0.48 Diisopropyl Adipate [FNa1] 1.42 1.42 Ethylene Oxide 0.05 0.04 Propylene Oxide 0.32 0.32 1,2-Epoxybutane (Ethyl Oxirane) 1.02 1.02 Formic Acid 0.08 0.08 Acetic Acid 0.71 0.50 Glycolic Acid (Hydroxyacetic Acid) 2.67 2.67 Peracetic Acid (Peroxyacetic Acid) [FNaa1] 12.62 12.62 Acrylic Acid 11.66 11.66 Propionic Acid 1.16 0.79 Methacrylic Acid 18.78 18.78 Isobutyric Acid [FNa1] 1.22 1.22 Butanoic Acid [FNa1] 1.78 1.78 Malic Acid [FNa1] 7.51 7.51 3-Methylbutanoic Acid [FNa1] 4.26 4.26 Adipic Acid [FNa1] 3.37 3.37 2-Ethyl Hexanoic Acid 4.41 3.49 Methyl Acrylate 12.24 12.24 Vinyl Acetate 3.26 3.26 2-Methyl-2-Butene-3-ol (1,2-Dimethylpropyl-1-en-1-ol) 5.12 5.12 Ethyl Acrylate 8.78 8.78 Methyl Methacrylate 15.84 15.84 Hydroxypropyl Acrylate [FNa1] 5.56 5.56 n-Butyl Acrylate [FNa1] 5.52 5.52 Isobutyl Acrylate [FNa1] 5.05 5.05 Butyl Methacrylate 9.09 9.09 Isobutyl Methacrylate 8.99 8.99 Isobornyl Methacrylate [FNaa1] 8.64 8.64 a-Terpineol [FNa1] 5.16 5.16 2-Ethyl-Hexyl Acrylate 2.42 2.42 Furan 16.54 16.54 Formaldehyde 8.97 8.97 Acetaldehyde 6.84 6.84 Propionaldehyde 7.89 7.89 2-Methylpropanal 5.87 5.87 Butanal 6.74 6.74 C4 Aldehydes 6.74 6.74 2,2-Dimethylpropanal (Pivaldehyde) 5.40 5.40 3-Methylbutanal (Isovaleraldehyde) 5.52 5.52 Pentanal (Valeraldehyde) 5.76 5.76 C5 Aldehydes 5.76 5.76 Glutaraldehyde 4.79 4.79 Hexanal 4.98 4.98 C6 Aldehydes 4.98 4.98 Heptanal 4.23 4.23 C7 Aldehydes 4.23 4.23 2-Methyl-Hexanal [FNa1] 3.97 3.97 Octanal 3.65 3.65 C8 Aldehydes 3.65 3.65 Glyoxal 14.22 14.22 Methyl Glyoxal 16.21 16.21 Acrolein 7.60 7.60 Crotonaldehyde 10.07 10.07 Methacrolein 6.23 6.23 Hydroxy Methacrolein 6.61 6.61 Benzaldehyde 0.00 0.00 Tolualdehyde 0.00 0.00 Acetone 0.43 0.43 Cyclobutanone 0.68 0.68 Methyl Ethyl Ketone (2-Butanone) 1.49 1.49 Cyclopentanone 1.43 1.43 C5 Cyclic Ketones 1.43 1.43 Methyl Propyl Ketone (2-Pentanone) 3.07 3.07 3-Pentanone 1.45 1.45 C5 Ketones 3.07 3.07 Methyl Isopropyl Ketone [FNa1] 1.64 1.64 2,4-Pentanedione [FNa1] 1.02 1.02 Cyclohexanone 1.61 1.61 C6 Cyclic Ketones 1.61 1.61 Methyl Isobutyl Ketone (4-Methyl-2-Pentanone) 4.31 4.31 Methyl n-Butyl Ketone (2-Hexanone) 3.55 3.55 Methyl t-Butyl Ketone 0.78 0.78 C6 Ketones 3.55 3.55 C7 Cyclic Ketones 1.41 1.41 Methyl Amyl Ketone (2-Heptanone) 2.80 2.80 2-Methyl-3-Hexanone 1.79 1.79 Di-Isopropyl Ketone 1.63 1.63 C7 Ketones 2.80 2.80 3-Methyl-2-Hexanone 2.81 2.81 Methyl Isoamyl Ketone (5-Methyl-2-Hexanone) 2.10 2.10 C8 Cyclic Ketones 1.25 1.25 2-Octanone 1.66 1.66 C8 Ketones 1.66 1.66 C9 Cyclic Ketones 1.13 1.13 2-Propyl Cyclohexanone [FNa1] 1.71 1.71 4-Propyl Cyclohexanone [FNa1] 2.08 2.08 2-Nonanone 1.30 1.30 Di-Isobutyl Ketone (2,6-Dimethyl-4-Heptanone) 2.94 2.94 C9 Ketones 1.30 1.30 C10 Cyclic Ketones 1.02 1.02 2-Decanone 1.06 1.06 C10 Ketones 1.06 1.06 2,6,8-Trimethyl-4-Nonanone; Isobutyl Heptyl Ketone [FNa1] 1.86 1.86 Biacetyl 20.73 20.73 Methylvinyl Ketone 8.73 8.73 Mesityl Oxide (2-Methyl-2-Penten-4- one) [FNa1] 17.37 17.37 Isophorone (3,5,5-Trimethyl-2- Cyclohexenone) [FNa1] 10.58 10.58 1-Nonene-4-one [FNa1] 3.39 3.39 Hydroxy Acetone 3.08 3.08 Dihydroxyacetone [FNa1] 4.02 4.02 Methoxy Acetone 2.14 2.14 Diacetone Alcohol (4-Hydroxy-4-Methyl-2-Pentanone) 0.68 0.68 Phenol 1.82 1.82 C7 Alkyl Phenols 2.34 2.34 m-Cresol 2.34 2.34 p-Cresol 2.34 2.34 o-Cresol 2.34 2.34 C8 Aklyl Phenols [FNa1] 2.07 2.07 C9 Aklyl Phenols [FNa1] 1.86 1.86 C10 Aklyl Phenols [FNa1] 1.68 1.68 C11 Aklyl Phenols [FNa1] 1.54 1.54 C12 Aklyl Phenols [FNa1] 1.42 1.42 2-Phenoxyethanol; Ethylene Glycol Phenyl Ether [FNa1] 3.61 3.61 1-Phenoxy-2-Propanol 1.73 1.73 Nitrobenzene 0.07 0.07 Para Toluene Isocyanate 0.93 0.93 Toluene Diisocyanate (Mixed Isomers) 0.00 0.00 Methylene Diphenylene Diisocyanate 0.79 0.79 N-Methyl Acetamide [FNaa1] 19.70 19.70 Dimethyl Amine 9.37 9.37 Ethyl Amine 7.80 7.80 Trimethyl Amine 7.06 7.06 Triethyl Amine [FNaa1] 16.60 16.60 Diethylenetriamine [FNaa1] 13.03 13.03 Ethanolamine 5.97 5.97 Dimethylaminoethanol 4.76 4.76 Monoisopropanol Amine (1-Amino-2-Propanol) [FNaa1] 13.42 13.42 2-Amino-2-Methyl-1-Propanol [FNaa1] 15.08 15.08 Diethanol Amine 4.05 4.05 Triethanolamine 2.76 2.76 Methyl Pyrrolidone (N-Methyl-2-Pyrrolidone) 2.56 2.56 Morpholine [FNaa1] 15.43 15.43 Nitroethane [FNaa1] 12.79 12.79 Nitromethane [FNaa1] 7.86 7.86 1-Nitropropane [FNaa1] 16.16 16.16 2-Nitropropane [FNaa1] 16.16 16.16 Dexpanthenol (Pantothenylol) [FNaa1] 9.35 9.35 Methyl Ethyl Ketoxime (Ethyl Methyl Ketone Oxime) [FNaa1] 22.04 22.04 Hydroxyethylethylene Urea [FNaa1] 14.75 14.75 Methyl Chloride 0.03 0.03 Methylene Chloride (Dichloromethane) 0.07 0.07 Methyl Bromide 0.02 0.02 Chloroform 0.03 0.03 Carbon Tetrachloride [FNa1] 0.00 0.00 Methylene Bromide [FNa1] 0.00 0.00 Vinyl Chloride 2.92 2.92 Ethyl Chloride 0.25 0.25 1,1-Dichloroethane 0.10 0.10 1,2-Dichloroethane 0.10 0.10 Ethyl Bromide 0.11 0.11 1,1,1-Trichloroethane 0.00 0.00 1,1,2-Trichloroethane 0.06 0.06 1,2-Dibromoethane 0.05 0.05 n-Propyl Bromide 0.35 0.35 n-Butyl Bromide 0.60 0.60 trans-1,2-Dichloroethene 0.81 0.81 Trichloroethylene 0.60 0.60 Perchloroethylene 0.04 0.04 2-(Chloro-Methyl)-3-Chloro Propene 1.13 1.13 Monochlorobenzene 0.36 0.36 p-Dichlorobenzene 0.20 0.20 Benzotrifluoride 0.26 0.26 PCBTF (p-Trifluoromethyl-Cl-Benzene) 0.11 0.11 HFC-134a (1,1,1,2-Tetrafluoroethane) [FNaa1] 0.00 0.00 HFC-152a (1,1-Difluoroethane) [FNaa1] 0.00 0.00 Dimethyl Sulfoxide 6.90 6.90 Unspeciated C6 Alkanes [FNa1] 1.48 1.48 Unspeciated C7 Alkanes [FNa1] 1.79 1.79 Unspeciated C8 Alkanes [FNa1] 1.64 1.64 Unspeciated C9 Alkanes [FNa1] 2.13 2.13 Unspeciated C10 Alkanes [FNa1] 1.16 1.16 Unspeciated C11 Alkanes [FNa1] 0.90 0.90 Unspeciated C12 Alkanes [FNa1] 0.81 0.81 Unspeciated C13 Alkanes [FNa1] 0.73 0.73 Unspeciated C14 Alkanes [FNa1] 0.67 0.67 Unspeciated C15 Alkanes [FNa1] 0.61 0.61 Unspeciated C16 Alkanes [FNa1] 0.55 0.55 Unspeciated C17 Alkanes [FNa1] 0.52 0.52 Unspeciated C18 Alkanes [FNa1] 0.49 0.49 Unspeciated C10 Aromatics [FNa1] 5.48 5.48 Unspeciated C11 Aromatics [FNa1] 4.96 4.96 Unspeciated C12 Aromatics [FNa1] 4.53 4.53 Base ROG Mixture 3.71 3.71 Alkane, Mixed - Predominantly (minimally 94%) C13-14 0.67 0.67 Oxo-Hexyl Acetate 1.03 1.03 Oxo-Heptyl Acetate 0.97 0.97 Oxo-Octyl Acetate 0.96 0.96 Oxo-Nonyl Acetate 0.85 0.85 Oxo-Decyl Acetate 0.83 0.83 Oxo-Dodecyl Acetate 0.72 0.72 Oxo-Tridecyl Acetate 0.67 0.67 ____________________ [FNa1]1 This reactive organic compound was added to the Table of MI R Values on July 7, 2004 [30 days after the amendments are approved by the Office of Administrative Law], and may be used in aerosol coating products after this date, as specified in section 94522(h)(2)(B), title 17, California Code of Regulations [FNaa1]1 ULMIR (as defined in section 94521 (a)(71), title 17, California Code of Regulations.) Note: Authority cited: Sections 39600, 39601 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code. s 94701. MIR Values for Hydrocarbon Solvents. (a) Aliphatic Hydrocarbon Solvents Average Boiling Point [FNa3] MIR Value Bin (degrees F) Criteria July 18, 2001 1 80-205 Alkanes (<2% Aromatics) 2.08 2 80-205 N- & Iso-Alkanes (.90% and <2% 1.59 Aromatics) 3 80-205 Cyclo-Alkanes (>=90% and <2% Aromatics) 2.52 4 80-205 Alkanes (2 to <8% Aromatics) 2.24 5 80-205 Alkanes (8 to 22% Aromatics) 2.56 6 >205-340 Alkanes (<2% Aromatics) 1.41 7 >205-340 N- & Iso-Alkanes (>=90% and 1.17 <2% Aromatics) 8 >205-340 Cyclo-Alkanes (>=90% and 1.65 <2% Aromatics) 9 >205-340 Akanes (2 to <8% Aromatics) 1.62 10 >205-340 Alkanes (8 to 22% Aromatics) 2.03 11 >340-460 Alkanes (<2% Aromatics) 0.91 12 >340-460 N- & Iso-Alkanes (>=90% and 0.81 <2% Aromatics) 13 >340-460 Cyclo-Alkanes (>=90% and <2% Aromatics) 1.01 14 >340-460 Alkanes (2 to <8% Aromatics) 1.21 15 >340-460 Alkanes (8 to 22% Aromatics) 1.82 16 >460-580 Alkanes (<2% Aromatics) 0.57 17 >460-580 N- & Iso-Alkanes (>=90% and <2% 0.51 Aromatics) 18 >460-580 Cyclo-Alkanes (>=90% and 0.63 <2% Aromatics) 19 >460-580 Alkanes (2 to <8% Aromatics) 0.88 20 >460-580 Alkanes (8 to 22% Aromatics) 1.49 [FNa] 3 Average Boiling Point = (Initial Boiling Point + Dry Point) / 2 (b) Aromatic Hydrocarbon Solvents Boiling Range MIR Value Bin (degrees F) Criteria July 18, 2001 21 280-290 Aromatic Content (>=98%) 7.37 22 320-350 Aromatic Content (>=98%) 7.51 23 355-420 Aromatic Content (>=98%) 8.07 24 450-535 Aromatic Content (>=98%) 5.00 Note: Authority cited: Sections 39600, 39601 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code. s 95000. Incorporation by Reference of Standard Conflict of Interest Code. The Political Reform Act, Government Code Sections 81000, et seq., requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Regs. Section 18730, which contains the terms of a standard Conflict of Interest Code which can be incorporated by reference into the Conflict of Interest Code of a state agency. The regulation may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings. Therefore, the terms of 2 Cal. Code of Regs. Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated herein by reference and, along with the following Appendix in which officials and employees are designated and disclosure categories are set forth, constitute the Conflict of Interest Code of the California Air Resources Board. Designated employees shall file statements of economic interests with the person designated to perform this function for the agency who shall make the statements available for public inspection and reproduction. Upon receipt of the statements of the Board Members and the Executive Officer of the Air Resources Board, said person shall make and retain a copy and forward the original of these statements to the Fair Political Practices Commission. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code; Sections 87300 and 87306, Government Code. Reference: Sections 87300, 87301, 87302 and 87500, Government Code; Section 18730 of Title 2, California Code of Regulations. s 95001. Professional Employees. For purposes of the following disclosure categories, persons at all levels of the following employment classifications are deemed to be professional employees: Analysts Biostatisticians Chemists Engineers Field Representatives Managers Meteorologists Officers Programmers Spectroscopists Specialists Supervisors, excluding Auto Emissions Test Supervisors Toxicologists Transportation Planners Writers Note: Authority cited: Sections 39600 and 39601, Health and Safety Code; Sections 87300 and 87306, Government Code. Reference: Sections 82019 and 87302, Government Code. s 95002. Category I. (a) This Category applies to: Air Resources Board Members, the Advisors to the Board, members of the Scientific Review Panel on Toxic Air Contaminants, members of the Scientific Advisory Committee on Acid Deposition, members of the Research Screening Committee, Executive Officer, Chief Deputy Executive Officer, Deputy Executive Officers, all Special Office Chiefs, all Division Chiefs and Assistant Division Chiefs, all Administrative Law Judges, all Staff Attorneys, all professional employees, special assistants and special consultants* attached to the Chair's Office and to the Executive Office, Branch Chiefs of the Administrative Services Division, and the Training Section Manager, the Contracts Manager, Contracts Analysts, Procurement Officers, Business Services Officer Supervisors, and Business Management Analysts. (b) Every person in this Category must report: all investments, all interests in real property, all sources of income including gifts, loans, and travel payments, and his or her status as a director, officer, partner, trustee, employee, or holder of any position of management in any business entity. --------- *With respect to consultants, however, the Executive Officer may determine in writing that a particular consultant, although a "designated person," is hired to perform a range of duties that are limited in scope and thus is not required to comply with the disclosure requirements described in this section. Such determination shall include a description of the consultant's duties and, based upon the description, a statement of the extent of the disclosure requirements. A copy of the written determination shall be retained at the Offices of the Air Resources Board and made available for public inspection. Nothing herein excuses any consultant from any other provision of this Conflict of Interest Code. (This footnote applies to consultants in all disclosure categories, as indicated by the asterisks in the following sections.) Note: Authority cited: Sections 39600 and 39601, Health and Safety Code; Sections 82019, 87300 and 87306, Government Code. Reference: Sections 82019 and 87302, Government Code. s 95003. Category II. (a) This Category applies to: Members of the Abrasive Blasting Committee and all professional employees in and special consultants* attached to the Stationary Source Division. (b) Every person in this Category must report: all investments in, income, including gifts, loans, and travel payments from, and his or her status as a director, officer, partner, trustee, employee, or holder of any position of management, (1) in any business entity which is subject to any laws of the State of California, or regulations promulgated by the Air Resources Board, relating to the control of air pollution from nonvehicular sources, or subject to any rules or regulations promulgated by any local air pollution control district; (2) in any business entity of the type which has contracted with the Board to provide services, supplies, materials, machinery, instrumentation, or equipment to the Board; (3) in any business entity, including a construction company, which is regularly engaged in the development of or investment in real property in California; and (4) in any business entity which is regularly engaged in the preparation of environmental impact reports or environmental impact statements. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code; Sections 87300 and 87306, Government Code. Reference: Sections 82019 and 87302, Government Code. s 95004. Category III. (a) This Category applies to: All professional employees in and special consultants* attached to the Research Division. (b) Every person in this Category must report: all investments in, income, including gifts, loans, and travel payments from, and his or her status as a director, officer, partner, trustee, employee, or holder of any position of management, (1) in any business entity which is subject to any laws of the State relating to the control of air pollution from vehicular or nonvehicular sources, or which is subject to any rules or regulations promulgated either by the Air Resources Board or by any local air pollution control district; and (2) in any business entity involved in activities relating to air pollution research, the development of air pollution control strategies or any activity which for the past two years has been the subject of a board research proposal, bid or contract. (c) In addition, employees in this category must report any income, including gifts, loans, and travel payments, from any non-profit institution involved in activities relating to air pollution research, the development of air pollution control strategies or any activity which for the past two years has been the subject of a board research proposal, bid or contract. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code; Sections 87300 and 87306, Government Code. Reference: Sections 82019 and 87302, Government Code. s 95005. Category IV. (a) This Category applies to: All professional employees in and special consultants* attached to the Compliance Division, the Planning and Technical Support Division, and the Monitoring and Laboratory Division. (b) Every person in this Category must report: all investments in, income, including gifts, loans, and travel payments from, and his or her status as a director, officer, partner, trustee, employee, or holder of any position of management, in any business entity which is subject to any laws of the State of California relating to the control of air pollution from vehicular or nonvehicular sources, or which is subject to any rules or regulations promulgated either by the Air Resources Board or by any local air pollution control district. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code; Sections 87300 and 87306, Government Code. Reference: Sections 82019 and 87302, Government Code. s 95006. Category V. (a) This Category applies to: All professional employees in and special consultants* attached to the Mobile Source Operations Division and the Mobile Source Control Division. (b) Every person in this Category must report: all investments in, income, including gifts, loans, and travel payments from, and his or her status as a director, officer, partner, trustee, employee, or holder of any position of management, (1) in any business entity associated with the manufacture, distribution, sale, leasing, repair, or (except for entities associated solely with the news media) the advertisement of motor vehicles, vehicular emission control devices or equipment, or vehicle after market parts or vehicle fuels or fuel additives which may affect emissions; and (2) in any business entity of the type which has contracted within the previous two years with the Board to provide services, supplies, materials, machinery, instrumentation, or equipment to the Board. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code; Sections 87300 and 87306, Government Code. Reference: Sections 82019 and 87302, Government Code. s 95007. Advisory Committees. The Board finds that all members of advisory groups or committees appointed by the Board pursuant to Health and Safety Code Section 39603, perform a solely advisory function, and hence are not "designated employees" within the meaning of this Code, and are therefore exempt from the requirements of this Code. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code; Sections 87300 and 87306, Government Code. Reference: Sections 82019 and 87302, Government Code.