SAN LUIS OBISPO COUNTY AIR POLLUTION CONTROL DISTRICT
RULE 223. POWER PLANTS
A. APPLICABILITY. This Rule shall apply to all power plants with a gross electrical generating capacity
of 50 megawatts or more that are proposed to be constructed in the San Luis Obispo County Air Pollution Control
District and for which an Application for Certification (AFC) has been filed with the California Energy Commission
B. DETERMINATION OF COMPLIANCE REVIEW. Upon receipt of an AFC for a power plant, the Air Pollution Control
Officer (APCO) shall conduct a determination of compliance (DOC) review. This determination shall consist of a
review identical to that which would be performed if an application for an Authority to Construct had been received
for the power plant.
- If the APCO determines that the AFC does not contain the information necessary to determine compliance, the
APCO shall within 20 calendar days of receipt of the AFC so inform the Commission and the applicant, and shall
specify in writing those parts of the application that are incomplete and the manner in which it can be made complete.
- The APCO may request from the applicant any information necessary for the completion of the DOC review. If
the APCO is unable to obtain the information, the APCO may petition the presiding Commissioner of the Commission
for an order directing the applicant to supply such information.
- The APCO shall consider the AFC to be equivalent to an application for an Authority to Construct during the
DOC review, and shall determine whether the project will comply with all provisions of the District's rules and
regulations that apply to applications for an Authority to Construct.
- The applicant, in accordance with Rule 302, Schedule of Fees, shall reimburse the APCO for all costs incurred
while complying with the provisions of this Rule.
C. DECISIONS. Within 180 calendar days of the Commission accepting an AFC as complete, the APCO shall:
- submit a final DOC to the Commission, that specifies all conditions necessary to ensure compliance including
the specific Best Available Control Technology (BACT) requirements and a description of any required mitigation
measures, if the proposed power plant meets the requirements of all applicable District rules and regulations;
- submit a final DOC to the Commission that identifies the specific rules and regulations that would be violated
and the basis for such determination, if the proposed power plant does not meet the requirements of all applicable
District rules and regulations. The DOC shall further identify those rules and regulations, if any, with which
the power plant would comply, including required BACT and mitigation measures.
D. PERMIT ACTIONS
- If all applicable conditions from a DOC are included in the certificate issued by the Commission to an applicant
pursuant to section 25500 et seq. of the Public Resources Code, the issuance of the Commission's certificate shall
confer the same rights and privileges, and enforcement powers as an Authority to Construct.
- After construction, an applicant found to be in compliance with the Commission's certification shall be issued
a Permit to Operate by the APCO.