SAN LUIS OBISPO COUNTY AIR POLLUTION CONTROL DISTRICT
RULE 204 - REQUIREMENTS
(Adopted 11/5/91; Revised 8/10/93)
A. CONTROL TECHNOLOGY
The Air Pollution Control Officer (APCO) shall deny an application for an Authority to Construct for any new,
replacement, modified, or relocated emission unit which would have the potential to emit any affected pollutants
unless:
- The new or modified emission unit is equipped with the current Best Available Control Technology (BACT) for
all subject air contaminants for which the emission unit's potential to emit is 25 pounds per day or more and with
the current Reasonably Available Control Technology (RACT) for all subject air contaminants for which the emission
unit's potential to emit is less than 25 pounds per day, except for carbon monoxide for which the potential to
emit values above shall be 10 times the amount shown; or
- 2. The replacement or relocated emission unit is equipped with RACT for all subject pollutants which were not
controlled prior to this action and with equivalent control technology for all subject pollutants which were controlled
prior to this action; or
- The proposed modification to an existing emission unit consists of the voluntary application of control equipment
or the voluntary modification of an existing emission unit for the purpose of reducing air contaminants where there
is no increase in throughput; or
- The proposed modification to an existing emission unit is done solely to comply with regulatory requirements
or prohibitory rules and where there is no increase in throughput.
B. OFFSETS
- The APCO shall deny an application for an Authority to Construct for any new, replacement, modified, or relocated
emission unit which would have the potential to emit ROG, NOx, SOx,
PM10 or CO unless all of the following are satisfied:
a. For emission units at stationary sources where the proposed potential to emit ROG will be equal to 25.0 tons
per year or more, offsets shall be provided for any emission increase of ROG or NOx;
b. For emission units at stationary sources where the proposed potential to emit NOx
will be equal to 25.0 tons per year or more, offsets shall be provided for any emission increase of ROG or NOx;
c. For emission units at stationary sources where the proposed potential to emit PM10 will be equal to 25.0
tons per year or more, offsets shall be provided for any emission increase of PM10, SOx,
ROG or NOx;
d. For emission units at stationary sources where the proposed potential to emit SOx
will be equal to 25.0 tons per year or more, offsets shall be provided for any emission increase of SOx; and
e. For emission units at stationary sources where the proposed potential to emit CO will be equal to 250.0 tons
per year or more, offsets shall be provided for any emission increase of CO.
- For those stationary sources that are not initially subject to the requirements of Subsection B.1 above but
become subject after August 10, 1993, the offsets required under that subsection shall be for any net emissions
increase of the subject pollutant.
- Offsets for all emission units in San Luis Obispo County or its adjacent California Coastal Waters, as defined
in Rule 105, shall be provided at a ratio of 1.0:1. All offsets shall be obtained from either Emission Reduction
Credits (ERC's) pursuant to Rule 211 or Community Bank Credits (CBC's) pursuant to Rule 212.
- For any applicant proposing to use emission reduction credits to provide offsets, the quarterly emissions profile
of the emission unit requiring offsets and the quarterly emissions profile of the proposed emission reduction credits
shall satisfy the profile check for offsets as calculated pursuant to Rule 213.F.
- Calculations
a. Emission increases shall be calculated according to the requirements of Rule 213.
b. All emission reduction credits (ERC's) issued to a stationary source shall be included in that source's potential
to emit when determining the offset thresholds in Rule 204.B.1.
C. EXEMPTIONS FROM BACT AND OFFSETS
- Applications for Permit to Operate shall be exempt from Rule 204.A. and 204.B. provided that the emission unit
was previously exempt from the permit provisions of these Rules and Regulations and a Permit to Operate is required
solely because of a change in permit exemptions.
- An emission unit shall be exempt from Rule 204.A. and Rule 204.B., if the stationary source's net emissions
increase of the subject pollutant is less than 0.1 tons per year.
- The total cumulative increase which is exempt under C.2 above shall be limited to 0.5 tons per year for each
subject pollutant.
D. PROTECTION OF AMBIENT AIR QUALITY STANDARDS
The APCO shall deny an applicant an Authority to Construct for any new, replacement, modified, or relocated
emission unit which would cause the violation of any ambient air quality standard. In making this determination
the APCO shall take into account any offsets which were provided for the purpose of mitigating the emission increase.
E. CERTIFICATION OF STATEWIDE COMPLIANCE
The APCO shall deny an applicant an Authority to Construct for any new, replacement, modified, or relocated
emission unit located at a stationary source which would have the potential to emit equal to or greater than 25
tons per year of any subject air contaminant, unless the applicant certifies that all emission units located in
California which would be classified as a major stationary source, as defined in Rule 105, and which are owned
or operated by the applicant, or by any entity controlling, controlled by or under common control with such applicant,
are in compliance or on a schedule for compliance with all applicable emission limitations and standards.
F. STANDARDS FOR GRANTING AUTHORITY TO CONSTRUCT OR PERMIT TO OPERATE
- The Air Pollution Control Officer shall deny an Authority to Construct, Permit to Operate or Permit to Sell
or Rent, except as provided in Rule 206, if the applicant does not show that every article, machine, equipment
or other contrivance, the use of which may cause the issuance of air contaminants, or the use of which may eliminate
or reduce or control the issuance of air contaminants, is so designed, controlled, or equipped with such air pollution
control equipment, that it may be expected to operate without emitting or causing to be emitted, air contaminants
in violation of these Rules and Regulations and Section 42301.6 and 44300 (et. seq.) of the Health and Safety Code.
No Permit to Operate shall be granted either by the Control Officer or the Hearing Board unless the applicant provides
such information or analysis as will disclose the nature, extent, quantity or degree of air contaminants which
the emission unit may discharge. The Air Pollution Control Officer may require that the disclosure be certified
by a professional engineer registered in the State of California.
- Before an Authority to Construct or a Permit to Operate is granted, the Air Pollution Control Officer may require
the applicant to provide and maintain such facilities as are necessary for sampling and testing purposes in order
to secure information that will disclose the nature, extent, quantity, or degree of air contaminants discharged
into the atmosphere from the article, machine, equipment or other contrivance described in the Permit to Operate.
In the event of such a requirement, the Air Pollution Control Officer shall notify the applicant in writing of
the required size, number and location of sampling holes, the size and location of the sampling platform, and the
utilities for operating the sampling and testing equipment. The platform and access shall be constructed in accordance
with the General Industry Safety Orders of the State of California.
- Compliance with emission standards set forth in these Rules and Regulations shall be determined by test methods
approved by the Air Pollution Control Officer. Where an ARB and/or EPA test method exists for such a test, the
test methods shall be equivalent to the ARB and/or EPA approved method.