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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). (continued)