SJVUAPCD 4101 - 1 2/17/05

SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT

RULE 4101 - VISIBLE EMISSIONS

(Adopted May 21, 1992) (Amended December 17, 1992; June 21, 2001; November 15, 2001,

February 17, 2005)

1.0 Purpose

The purpose of this rule is to prohibit the emissions of visible air contaminants to the

atmosphere.

2.0 Applicability

The provisions of this rule shall apply to any source operation which emits or may emit

air contaminants. 

3.0 Definitions

3.1 APCO: The Air Pollution Control Officer of the San Joaquin Valley Unified air

Pollution Control District, or any person authorized to act on behalf of the APCO.

3.2 Observer: a human observer certified and trained by the California Air Resources

Board, or a certified in-stack opacity monitoring system calibrated in accordance

with the test method specified in Section 6.2.

3.3 Opacity: the degree to which emissions reduce the transmission of light and

obscure the view of an object in the background. Determination of opacity shall

be conducted in accordance with the test method specified in Section 6.1.

3.4 Visible Emissions: any particulate or gaseous matter which can be detected by the

human eye.

4.0 Exemptions

The provisions of this rule do not apply to:

4.1 Smoke from fires set by or permitted by any public officer, if such fire is set or

permitted in the performance of the official duty of such officer, and such fire in

the opinion of such officer is necessary:

4.1.1 For the purpose of the prevention of a fire or health hazard which cannot

be abated by any other means, or

4.1.2 For instruction of public employees in the methods of fighting fire.
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4.2 Smoke from fires set pursuant to a permit on an industrial property used for the

purpose of instructing employees in methods of fighting fire.

4.3 The use of an orchard or citrus grove heater which does not produce unconsumed

solid carbonaceous matter at a rate in excess of one (1) gram per minute.

4.4 Any open burning, prescribed burning, or hazard reduction burning permitted or

exempted by Rule 4103 (Open Burning) or Rule 4106 (Prescribed Burning and

Hazard Reduction Burning).

4.5 Use of any aircraft to distribute seed, fertilizer, insecticides, or other agricultural

aids over lands devoted to the growing of crops or raising of fowl or animals.

4.6 Open outdoor fires used only for cooking of food for human beings or for

recreational purposes.

4.7 Emissions from equipment used for the instruction or certification of individuals

in the evaluation of visible emissions upon approval from the APCO.

4.8 Wet plumes where the presence of uncombined water is the only reason for the

failure of an emission to meet the limitations of this rule. The burden of proof,

which establishes the application of this rule, shall be upon the person seeking to

come within its provisions.

4.9 Emissions from maritime vessels using steam boilers during emergency boiler

shutdowns for safety reasons, safety and operational tests required by

governmental agencies, and where maneuvering is required to avoid hazards.

4.10 Emissions from maritime vessels during a breakdown condition, as long as the

discharge is reported in accordance with District requirements pursuant to Rule

1100 (Equipment Breakdowns) and breakdown relief is granted by the APCO.

4.11 The use of an obscurant for the purpose of training military personnel and the

testing of military equipment by the United States Department of Defense on any

military reservation.

4.12 Emissions subject to or specifically exempt from Regulation VIII (Fugitive PM10

Prohibitions).

5.0 Requirements

A person shall not discharge into the atmosphere from any single source of emission

whatsoever, any air contaminant, other than uncombined water vapor, for a period or

periods aggregating more than three (3) minutes in any one (1) hour which is:

5.1 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.
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5.2 Of such opacity as to obscure an observer's view to a degree equal to or greater

than the smoke described in Section 5.1 of this rule.

6.0 Test Methods

The following test methods shall be used unless otherwise approved by the APCO and

United States Environmental Protection Agency (US EPA).

6.1 US EPA Method 9 for visual determination of the opacity of emissions.

6.2 40 Code of Federal Regulations (CFR) Part 60 Appendix B Performance

Specification 1 for determination of certified, calibrated in-stack opacity

monitoring system.
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