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(continued)
(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. (continued)