Yolo-Solano AQMD 

Revised May 14, 2008May 8, 2013 

(final draft April 24, 2013) Reg. I, Rule 1.1, Page 1 

RULE 1.1 GENERAL PROVISIONS AND DEFINITIONS 

ADOPTED October 1, 1971 

REVISED December 8, 1993

REVISED August 13, 1997 

REVISED December 14, 2005

REVISED May 14, 2008

REVISED May 8, 2013

INDEX

100 GENERAL

101 TITLE 

102 DEFINITIONS REFERENCED 

103 CONFIDENTIAL INFORMATION 

104103 ENFORCEMENT 

105104 VALIDITY 

106 EFFECTIVE DATE 

107 ARREST, NOTICE TO APPEAR 

200 DEFINITIONS

201 AGRICULTURAL BURNING 

202 AIR CONTAMINANT 

203 AIR POLLUTION CONTROL OFFICER (APCO) 

204 ASTM 

205 ATMOSPHERE 

206 BOARD 

207 BRUSH TREATED 

208 CARB 

209 CLERK OF THE HEARING BOARD 

210 COMBUSTIBLE REFUSE 

211 COMBUSTION CONTAMINANTS 

212 CONDENSED FUMES 

213 CONTROL OFFICER 

214 DESIGNATED AGENCY 

215 DISTRICT 

216 DISTRICT JURISDICTION 

217 DUSTS 

217218 EPA 

218219 EXEMPT COMPOUNDS 

219220 FORMULATION DATA 

221 HEARING BOARD 

220222 IMPLEMENT OF HUSBANDRY 

221223 MULTIPLE-CHAMBER INCINERATOR 

222224 NO-BURN DAY 

223225 OPEN BURNING FOR AGRICULTURAL OPERATIONS IN THE 

GROWING OF CROPS OR RAISING OF FOWL OR ANIMALS 

224226 OPEN BURNING FOR RANGE IMPROVEMENT 
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225227 OPEN OUTDOOR FIRE 

226228 ORCHARD OR CITRUS GROVE HEATER 

227229 PARTICULATE MATTER 

228230 PERSON 

229231 PROCESS WEIGHT PER HOUR 

232 PUBLIC RECORDS 

230233 REGULATION 

231234 RULE 

232235 SECTION 

233 SOLANO COUNTY ZONE 

234236 STANDARD CONDITIONS

237 TRADE SECRETS

235238 VOLATILE ORGANIC COMPOUND (VOC) 

236239 WILDLAND VEGETATION MANAGEMENT BURNING 

237 YOLO COUNTY ZONE 

300 STANDARDS (NOT INCLUDED)

301 AUTHORITY TO ARREST 

302 DISCLOSURE OF DATA 

400 ADMINISTRATIVE REQUIREMENTS

401 ADMINISTRATIVE SETTLEMENT PROCEDURE FOR CIVIL PENALTIES 

500 TEST METHODS AND CALCULATIONS (NOT INCLUDED)
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100 GENERAL

101 TITLE: These rules and regulations shall be known as the Rules and Regulations 

of the Yolo-Solano Air Quality Management District. 

102 DEFINITIONS REFERENCED: Except as otherwise specifically provided in 

these rules and, except where the context otherwise indicates, words used in these 

rules are used in exactly the same sense as the same words are used in Chapter 2, 

Part 1, Division 26 of the Health and Safety Code.

103 CONFIDENTIAL INFORMATION:

103.1 All information, analyses, plans or specifications that disclose the nature, extent, 

quantity or degree of air contaminants which any article, machine, equipment or 

other contrivance will produce, which the Air Quality Management District 

requires any applicant to provide before such applicant builds, erects, alters, 

replaces, operates or uses such article, machine, equipment or other contrivance, 

are public records.

103.2 All air monitoring data, including data compiled from stationary sources, 

are public records.

103.3 Except as otherwise provided in Section 103.4 of this rule, trade secrets are 

not public records under this rule. "Trade secrets", as used in this rule, may 

include, but are not limited to any formula, plan, pattern, process, tool, 

mechanism, compound, procedure, production data, or compilation of 

information which is not patented, which is known only to certain 

individuals within a commercial concern who are using it to fabricate, 

produce, or compound an article of trade or a service having commercial 

value and which gives its user an opportunity to obtain a business advantage 

over competitors who do not know or use it.

103.4 Notwithstanding any other provision of law, all air pollution emission data, 

including those emission data which constitute trade secrets as defined in 

Section 103.3 of this rule, are public records. Data used to calculate 

emission data are not emission data for the purposes of this rule and data 

which constitute trade secrets and which are used to calculate emission data 

are not public records.

104103 ENFORCEMENT: These Rules and Regulations shall be enforced by the 

Air Pollution Control Officer under authority of Health and Safety Code Division 

26, Part 4, and by all officers empowered by Section 40157. 

105104 VALIDITY: If any regulation, rule, subdivision, sentence, clause, or 

phrase of these Rules and Regulations is for any reason held to be unconstitutional 

or invalid, such decision shall not affect the validity of the remaining portions of 

these Rules and Regulations. The Air Quality Management Board hereby declares 

that it would have adopted these Rules and Regulations and every regulation, rule, 

subdivision, sentence, clause, and phrase thereof irrespective of the fact that any 

one or more regulations, rules, subdivisions, sentences, clauses, or phrases be 

declared unconstitutional or invalid. 
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106 EFFECTIVE DATE: These Rules and Regulations shall take effect on October 1, 

1971.

107 ARREST, NOTICE TO APPEAR: The Air Pollution Control Officer is hereby 

authorized pursuant to Penal Code Section 836.5 to arrest a person without a 

warrant whenever he has reasonable cause to believe that the person to be arrested 

has committed a misdemeanor in his presence which is a violation of these Rules 

and Regulations.

200 DEFINITIONS

201 AGRICULTURAL BURNING: Open outdoor fires used in the growing of crops; 

or raising of fowl or animals or for range improvement; or used in improvement of 

land for wildlife and game habitat; or for wildland vegetation management burning. 

"Agricultural Burning" also means open outdoor fires used in the operation or 

maintenance of a system for the delivery of water for these purposes. 

202 AIR CONTAMINANT: Any discharge, release, or other propagation into the 

atmosphere directly or indirectly, caused by man and includes, but is not limited to 

sSmoke, charred paper, dust, soot, grime, carbon, noxious acids, fumes, gases, 

odors, or particulate matter or any combination thereof. 

203 AIR POLLUTION CONTROL OFFICER (APCO): The Air Pollution Control 

Officer of the Yolo-Solano Air Quality Management District, or his or her 

designee. 

204 ASTM: American Society of Testing and Materials 

205 ATMOSPHERE: The air that envelopes or surrounds the earth. Where air 

pollutants are emitted into a building not designed specifically as a piece of air 

pollution control equipment,such emission into the building shall be considered an 

emission into the atmosphere.For the purposes of these regulations means the air of 

the Yolo-Solano Air Quality Management District and includes the ambient air of 

any emission source. It does not include the air within any closed structural 

building or framework.

206 BOARD: The Air Quality Management Board of the Yolo-Solano Air Quality 

Management District. 

207 BRUSH TREATED: The material to be burned has been felled, crushed, or 

uprooted with mechanical equipment, or has been desiccated with herbicides. 

208 CARB: California Air Resources Board. 

209 CLERK OF THE HEARING BOARD: The Clerk to the Board of Directors, who 

is ex officio Clerk of the Hearing Board. 

210 COMBUSTIBLE REFUSE: Any solid or liquid combustible waste material 
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containing carbon in a free or combined state. 

211 COMBUSTION CONTAMINANTS: Those air contaminants Particulate matter 

discharged into the atmosphere from the burning, including incineration, of any 

kind of material containing carbon in a free or combined state. 

212 CONDENSED FUMES: Minute, solid particles generated by the condensation of 

vapors from solid matter after volatilization from the molten state, or may be 

generated by sublimination, distillation, calcination, or chemical reaction when 

these processes create air-borne particles. 

213 CONTROL OFFICER: The Air Pollution Control Officer of the Yolo-Solano Air 

Quality Management District. 

214 DESIGNATED AGENCY: Any agency designated by the California Air 

Resources Board as having authority to issue agricultural burning permits. The U. 

S. Forest Service and the California Division of Forestry are so designated within 

their areas of jurisdiction. 

215 DISTRICT: The Yolo-Solano Air Quality Management District. 

216 DISTRICT JURISDICTION: The jurisdiction of the Yolo-Solano Air Quality 

Management District includes: 

216.1 All of Yolo County 

216.2 That portion of Solano County which lies north and east of a line described 

as follows: Beginning at the intersection of the westerly boundary of Solano 

County and the 1/4 section line running east and west through the center of 

Section 34, T6N, R2W, M.D.B. & M., thence east along said 1/4 section 

line to the east boundary of Section 36, T6N, R2W, thence south 1/2 mile 

and east 2.0 miles, more or less, along the west and south boundary of Los 

Putos Rancho to the northwest corner of Section 4, T5N, R1W, thence east 

along a line common to T5N and T6N to the northeast corner of Section 3, 

T5N, R1E, thence south along section lines to the southeast corner of 

Section 10, T3N, R1E, thence east along section lines to the south 1/4 

corner of Section 8, T3N, R2E, thence east to the boundary between Solano 

and Sacramento Counties.
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216217 DUSTS: Minute, solid particles released into the air by natural forces or by 

mechanical processes such as crushing, grinding, milling, drilling, demolishing, 

shoveling, conveying, covering, bagging, sweeping, or other similar processes. 

217218 EPA: United States Environmental Protection Agency. 

218219 EXEMPT COMPOUNDS: The following compounds are exempt from 

the definition of Volatile Organic Compounds (VOC) in Section 235237: 

218219.1 Acetone; 

218219.2 Ammonium carbonate; 

218219.3 Carbon monoxide; 

218219.4 Carbon dioxide; 

218219.5 Carbonic acid;

219.6 Dimethyl carbonate (DMC);

218.6219.7 Ethane; 

218.7219.8 Metallic carbides or carbonates; 

218.8219.9 Methane; 
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218.9219.10 Methyl Aacetate; 

218.10219.11 Methyl formate (HCOOCH3); 

218.11219.12 Methylene chloride (dichloromethane); 

2189.163 Methyl chloroform (1,1,1-trichloroethane) (methyl chloroform);

218.12219.14 Parachlorobenzotrifluoride (PCBTF) (1-chloro-4-trifluoromethyl 

benzene); 

218.13219.15 Perchloroethylene (tetrachloroethylene);

219.16 Propylene carbonate;

2189.2317 Tertiary-butyl acetate (T-butyl acetate, TBAC, TBAc)*;.

219.18 Trans -1,3,3,3-tetrafluoropropene; 

218.14219.19 2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane 

((CF3)2CFCF2OCH3); 

218.15219.20 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane 

((CF3)2CFCF2OC2H5); 

218.16 1,1,1-trichloroethane (methyl chloroform);

218.17219.21 The following chlorofluorocarbons (CFCs); 

ea. Trichlorofluoromethane (CFC-11);

a. Chloropentafluoroethane (CFC-115);

b. Dichlorodifluoromethane (CFC-12); 

dc. 1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113);

cd. 1,2-dichloro-1,1,2,2-tetrafluoroethane (CFC-114); 

d. 1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113);

ae. Chloropentafluoroethane (CFC-115);

e. Trichlorofluoromethane (CFC-11);

218.18219.22 The following hydrochlorofluorocarbons (HCFCs); 

a. Chlorodifluoromethane (HCFC-22); 

b. Chlorofluoromethane (HCFC-31); 

jc. 1,1,1-trifluoro-2,2-dichloroethane (HCFC-123);

id. 1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a);

e. 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124);

f. 1,1-dichloro-1-fluoroethane (HCFC-141b);

cg. 1-chloro-1,1-difluoroethane (HCFC-142b); 

dh. 1-chloro-1-fluoroethane (HCFC-151a); 

e. 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124);

f. 1,1-dichloro-1-fluoroethane (HCFC-141b);

gi. 3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC-225ca); 

hj. 1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb); 

i. 1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a);

j. 1,1,1-trifluoro-2,2-dichloroethane (HCFC-123);

218.19219.23 The following hydrofluorocarbons (HFCs); 

qa. Trifluoromethane (HFC-23);

cb. Difluoromethane (HFC-32);

ac. 1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-10mee); 

md. Pentafluoroethane (HFC-125);

ne. 1,1,2,2-tetrafluoroethane (HFC-134);

of. 1,1,1,2-tetrafluoroethane (HFC-134a);

pg. 1,1,1-trifluoroethane (HFC-143a);

bh. 1,1-difluoroethane (HFC-152a); 
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c. Difluoromethane (HFC-32);

di. Ethylyfluoride (HFC-161); 

ej. 1,1,1,2,3,3,3-heptafluoropropane (HFC 227ea); 

lk. 1,1,1,2,3,3-hexafluoropropane (HFC-236ea);

fl. 1,1,1,3,3,3-hexafluoropropane (HFC-236fa); 

g. 1,1,1,3,3-pentafluorobutane (HFC-365mfc);

hm. 1,1,2,2,3-pentafluoropropane (HFC-245ca); 

in. 1,1,2,3,3-pentafluoropropane (HFC-245ea); 

jo. 1,1,1,2,3-pentafluoropropane (HFC-245eb); 

kp. 1,1,1,3,3-pentafluoropropane (HFC-245fa); 

l. 1,1,1,2,3,3-hexafluoropropane (HFC-236ea);

gq. 1,1,1,3,3-pentafluorobutane (HFC-365mfc);

m. Pentafluoroethane (HFC-125);

n. 1,1,2,2-tetrafluoroethane (HFC-134);

o. 1,1,1,2-tetrafluoroethane (HFC-134a);

p. 1,1,1-trifluoroethane (HFC-143a);

q. Trifluoromethane (HFC-23);

218.20219.24 The following hydrofluorethers (HFEs); 

a. HCF2OCF2H (HFE 134); 

b. HCF2OCF2OCF2H (HFE-236cal2); 

c. HCF2OCF2CF2OCF2H (HFE-338pcc13); 

d. HCF2OCF2OCF2CF2OCF2H (H-Galden 1040X and H-Galden ZT 

130 (or 150 or 180)); 

cae. 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane (n-C3F7OCH3, 

HFE-7000);

dbf. 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4F9OCH3 or 

HFE-7100);

bcg. 1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C4F9OC2H5 or 

HFE-7200);

hd. (1) 

1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentan

e (HFE-7300);

aei. 3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl) 

hexane (HFE 7500); 

b. 1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C4F9OC2H5 or 

HFE-7200);

c. 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane (n-C3F7OCH3, 

HFE-7000);

d. 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4F9OCH3 or 

HFE-7100);

218.21219.25 Cyclic, branched, or linear completely methylated siloxanes; 

218.22219.26 The following four classes of perfluorocarbon compounds: 

a. Cyclic, branched, or linear, completely fluorinated alkanes; 

b. Cyclic, branched, or linear, completely fluorinated ethers with no 

unsaturations; 

c. Cyclic, branched, or linear, completely fluorinated tertiary amines 

with no unsaturations; 

d. Sulfur-containing perfluorocarbons with no unsaturations and with 
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the sulfur bonds only to carbon and fluorine; 

218.23 T-butyl acetate.

* T-butyl acetate shall be considered exempt as a VOC only for purposes of VOC 

emissions limitations or VOC content requirements, but will continue to be a VOC 

for purposes of all recordkeeping, emissions reporting, photochemical dispersion 

modeling, and inventory requirements which apply to VOCs. 

220 FORMULATION DATA: The actual product recipe which itemizes all the 

ingredients contained in a product including VOCs and the quantities thereof used 

by the manufacturer to create the product. Material Safety Data Sheets (MSDS) 

are not considered formulation data. 

219221 HEARING BOARD: The Hearing Board of the Yolo-Solano Air Quality 

Management District. 

220222 IMPLEMENT OF HUSBANDRY: A vehicle which is used exclusively 

in the conduct of agricultural operations. 

221223 MULTIPLE-CHAMBER INCINERATOR: Any article, machine, 

equipment, contrivance, structure, or any part of a structure used to dispose of 

combustible refuse by burning, consisting of three or more refractory-lined 

combustion furnaces in series, physically separated by refractory walls, 

interconnected by gas passage ports or ducts, and employing adequate design 

parameters necessary for maximum combustion of the material to be burned. The 

refractories shall have a Pyrometric Cone equivalent of at least 17, tested according 

to the method described in the American Society for Testing Materials, ASTM 

Method C-24. 

222224 NO-BURN DAY: Any day on which the California Air Resources Board or 

the Yolo-Solano Air Quality Management District prohibits agricultural burning. 

223225 OPEN BURNING FOR AGRICULTURAL OPERATIONS IN THE 

GROWING OF CROPS OR RAISING OF FOWL OR ANIMALS: 

223225.1 The burning in the open of materials produced wholly from 

operations in the growing and harvesting of crops or raising of fowls or 

animals for the primary purpose of making a profit, of providing a 

livelihood, or of conducting agricultural research or instruction by an 

educational institution, and, 

223225.2 In connection with the operations qualifying under Subdivision 

1section 225.1: 

(a) The burning of grass and weeds in or adjacent to fields in cultivation 

or being prepared for cultivation and; 

(b) The burning of material not produced wholly from such operations, 

but which are intimately related to the growing or harvesting of 

crops and which are used in the field, except as prohibited by 

District regulations. An example is empty sacks which contained 
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pesticides, burned in the field where the substances were applied.

224226 OPEN BURNING FOR RANGE IMPROVEMENT: The use of open 

fires to remove vegetation for a wildlife, game or livestock habitat or for the initial 

establishment of an agricultural practice on previously uncultivated land. 

225227 OPEN OUTDOOR FIRE: The combustion of any combustible refuse or 

other material of any type outdoors in the open air not in any enclosure, where the 

products of combustion are not directed through a flue. 

226228 ORCHARD OR CITRUS GROVE HEATER: "Orchard or Citrus Grove 

Heater" means any article, machine, equipment or other contrivance, burning any 

type of fuel or material capable of emitting air contaminants, used or capable of 

being used for the purpose of giving protection from frost damage. 

227229 PARTICULATE MATTER: Any material, except uncombined water, 

which exists in a finely divided form as a liquid or solid at standard conditions. 

228230 PERSON:

228230.1 Any person, firm, association, organization, partnership, business 

trust, corporation, company, contractor, supplier, installer, user or owner or 

any state or local government agency, or public district, or any officer or 

employee thereof, and; 

228230.2 The United States or its agencies, to the extent authorized by federal 

law. 

229231 PROCESS WEIGHT PER HOUR: The total weight of all materials 

introduced into any specific process which process may cause any discharge into 

the atmosphere. Solid Fuels charged will be considered as part of the process 

weight, but liquid and gaseous fuels and combustion air will not. The "Process 

Weight Per Hour" will be derived by dividing the total process weight by the 

number of hours in one complete cycle from the beginning of any given process to 

the completion thereof, excluding any time during which the equipment is idle.

103232 CONFIDENTIAL INFORMATIONPUBLIC RECORDS: The 

following are public records:

103232.1 All information, analyses, plans or specifications that disclose the 

nature, extent, quantity or degree of air contaminants which any article, 

machine, equipment or other contrivance will produce, which the Air 

Quality Management District requires any applicant to provide before such 

applicant builds, erects, alters, replaces, operates or uses such article, 

machine, equipment or other contrivance, are public records.

103232.2 All air monitoring data, including data compiled from stationary 

sources, are public records.
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103232.3 Except as otherwise provided in Section 103231.4 of this rule, trade 

secrets are not public records under this rule. "Trade secrets", as used in 

this rule, may include, but are not limited to any formula, plan, pattern, 

process, tool, mechanism, compound, procedure, production data, or 

compilation of information which is not patented, which is known only to 

certain individuals within a commercial concern who are using it to 

fabricate, produce, or compound an article of trade or a service having 

commercial value and which gives its user an opportunity to obtain a 

business advantage over competitors who do not know or use it.

103232.4 Notwithstanding any other provision of law, all air pollution 

emission data, including those emission data which constitute trade secrets 

as defined in Section 103.3237 of this rule, are public records. Data used 

to calculate emission data are not emission data for the purposes of this rule 

and data which constitute trade secrets and which are used to calculate 

emission data are not public records.

230233 REGULATION: One of the major subdivisions of the rules of the 

Yolo-Solano Air Quality Management District. 

231234 RULE: A rule of the Yolo-Solano Air Quality Management District. 

232235 SECTION: A section of the Health and Safety Code of the State of 

California unless some other statute is specifically mentioned. 

233 SOLANO COUNTY ZONE: That portion of the District lying within the 

boundaries of Solano County. 

234236 STANDARD CONDITIONS: As used in these regulations, a gas 

temperature of 68 degrees Fahrenheit and a gas pressure of 14.7 pounds per square 

inch absolute. Result of all analyses and tests shall be calculated or reported at this 

gas temperature and pressure. Where the use of U.S. EPA Test Methods are 

required in these Rules and Regulations, then Standard Conditions are those 

specified in that Test Method. 

237 TRADE SECRETS: "Trade secrets", as used in this rule, may include, but are 

not limited to any formula, plan, pattern, process, tool, mechanism, compound, 

procedure, production data, or compilation of information which is not patented, 

which is known only to certain individuals within a commercial concern who are 

using it to fabricate, produce, or compound an article of trade or a service having 

commercial value and which gives its user an opportunity to obtain a business 

advantage over competitors who do not know or use it. 

235238 VOLATILE ORGANIC COMPOUND (VOC): Any compound 

containing carbon except exempt compounds as defined in Section 218219. 

Volatile organic compounds may also be referred to as reactive organic compounds 

(ROC). 
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236239 WILDLAND VEGETATION MANAGEMENT BURNING: The use of 

prescribed burning conducted by a public agency to burn land predominantly 

covered with chaparral, trees, grass, or standing brush. 

237 YOLO COUNTY ZONE: That portion of the District lying within the boundaries 

of Yolo County. 

300 STANDARDS 

107301 AUTHORITY TO ARREST, NOTICE TO APPEAR: The Air Pollution 

Control Officer is hereby authorized pursuant to Penal Code Section 836.5 to arrest 

a person without a warrant whenever he has reasonable cause to believe that the 

person to be arrested has committed a misdemeanor in his presence which is a 

violation of these Rules and Regulations.

302 DISCLOSURE OF DATA: 

302.1 The Air Pollution Control Officer shall, upon due notice, make public 

records available for examination and provide copies thereof where 

appropriate. 

302.2 Trade secrets may be released: 

a. To the ARB, which protects trade secrets as provided in Section 

6254.7 of the Government Code and Sections 91000 to 91022 of the 

California Administrative Code, Title 17; or 

b. To the Federal Environmental Protection Agency, which protects 

trade secrets as provided in Section 114C of the Clean Air Act and 

in 40 CFR, Chapter 1, Part 2. 

302.3 Data required to be submitted to the District under the Air Toxics “Hot 

Spots” Information and Assessment Act, and which the operator believes to 

be a trade secret, shall be protected from disclosure in accordance with the 

provisions of Health and Safety Code Section 44346.

400 ADMINISTRATIVE REQUIREMENTS

401 ADMINISTRATIVE SETTLEMENT PROCEDURE FOR CIVIL 

PENALTIES:

401.1 Civil penalties shall be assessed according to Health and Safety Code, 

Division 26, Part 4, Chapter 4, Article 3, beginning with Section 42400. 

401.2 The Air Pollution Control Officer after consultation with District Counsel 

shall give notice to a person who is charged with committing a violation of 

an applicable State law or District Rules and Regulations that an 
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administrative settlement is being sought. 

401.3 The Air Pollution Control Officer with advice of District Counsel is 

authorized as the District's agent to settle any administrative penalty claim 

for the District under this rule.