Section 41704 Of Article 1. General Limitations From California Health And Safety Code >> Division 26. >> Part 4. >> Chapter 3. >> Article 1.
41704
. Section 41701 does not apply to any of the following:
(a) Fires set pursuant to Section 41801.
(b) Agricultural burning for which a permit has been granted
pursuant to Article 3 (commencing with Section 41850).
(c) Fires set or permitted by any public officer in the
performance of his or her official duty for the improvement of
watershed, range, or pasture.
(d) 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.
(e) Open outdoor fires used only for cooking of food for human
beings or for recreational purposes.
(f) The use of orchard and citrus grove heaters which are in
compliance with the requirements set forth in Section 41860.
(g) Agricultural operations necessary for the growing of crops or
raising of fowl or animals.
(h) The use of other equipment in agricultural operations
necessary for the growing of crops or raising of fowl or animals.
(i) Fugitive dust emissions from rock crushing facilities within
the Southeast Desert Air Basin, where the facilities were in
existence prior to January 1, 1970, at a location where the
population density is less than 10 persons per square mile in each
square mile within a seven-mile radius of the facilities; provided,
however, that under no circumstances shall the emissions cause a
measurable degradation of the ambient air quality or create a
nuisance. This subdivision does not apply to any rock crushing
facilities which (1) process in excess of 100 tons of rock in any
24-hour period, averaged over any period of 30 consecutive days, (2)
have 25 or more employees, (3) fail to operate and maintain in good
working order any emission control equipment installed prior to
January 1, 1978, or (4) undergo a change of ownership after January
1, 1977.
(j) Emissions from 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.
(k) Emissions from vessels during a breakdown condition, as long
as the discharge is reported in accordance with district
requirements.
( l) The use of visible emission generating equipment in training
sessions conducted by governmental agencies necessary for certifying
persons to evaluate visible emissions for compliance with Section
41701 or applicable district rules and regulations. Any local or
regional authority rule or regulation relating to visible emissions
are not applicable to the equipment.
(m) Smoke emissions from teepee burners operating in compliance
with Section 4438 of the Public Resources Code during the disposal of
forestry and agricultural residues or forestry and agricultural
residues with supplementary fossil fuels when the emissions result
from the startup or shutdown of the combustion process or from the
malfunction of emission control equipment. This subdivision does not
apply to emissions which exceed a period or periods of time
aggregating more than 30 minutes in any 24-hour period. This
subdivision does not apply to emissions which result from the failure
to operate and maintain in good working order any emission control
equipment.
(n) Smoke emissions from burners used to produce energy and fired
by forestry and agricultural residues with supplementary fossil fuels
when the emissions result from startup or shutdown of the combustion
process or from the malfunction of emission control equipment. This
subdivision does not apply to emissions which exceed a period or
periods of time aggregating more than 30 minutes in any 24-hour
period, or which result from the failure to operate and maintain in
good working order any emission control equipment.
(o) Emissions from methanol fuel manufacturing plants which
manufacture not more than 2,000,000 gallons of methanol fuel per day
from wood, agricultural waste, natural gas, or coke (exclusive of
petroleum coke). As used in this subdivision, "manufacturing plant"
includes all necessary support systems, including field operations
equipment that provide feed stock. However, this subdivision shall
apply to not more than one methanol fuel manufacturing plant in each
air basin and each plant shall be located in an area designated as an
"attainment area" pursuant to the Clean Air Act (42 U.S.C. Sec. 7401
et seq.) and shall meet all applicable standards required by the
district board. This subdivision shall remain in effect with respect
to a plant until five years after construction of the plant and shall
have no force and effect with respect to the plant on and after that
date.
(p) 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.