(Revised October 26, 1993)

A. Except as otherwise specifically provided in these Rules

and Regulations and except where the context otherwise

indicates, words used in these Rules are used in exactly

the same sense as the same words used in Division 26 of the

Health and Safety Code.

1. Affected Pollutants. All pollutants for which an

ambient air quality standard has been established by

the Environmental Protection Agency or the Air

Resources Board and the precursors to such pollutants,

all pollutants regulated by the Environmental

Protection Agency under the Clean Air Act or by the

Air Resources Board under the Health and Safety Code,

including reactive organic compounds (ROC), nitrogen

oxides (NOx), sulfur oxides (SOx), particulate matter

less than ten microns (PM-10), carbon monoxide (CO),

ethylene, lead, asbestos, beryllium, mercury, vinyl

chloride, fluorides, sulfuric acid mist, hydrogen

sulfide, total reduced sulfur, and reduced sulfur

compounds. Also all the pollutants which the

Environmental Protection Agency, after the notice and

opportunity for public comment, or the Air Resources

Board, or the Air Pollution Control District after

public hearing, determine may have significant adverse

effect on the environment, the public health, or the

public welfare.

2. Agricultural Burning. Open outdoor fires used in

agricultural operations in the growing of crops or

raising of fowl or animals, or open outdoor fires used

in forest management or range improvement, improvement

of land for wildlife and game habitat, or disease or

pest prevention, or open outdoor fires used in the

operation or maintenance of a system for the delivery

of water for the purpose specified above.

3. Agricultural Wastes. Unwanted or unmarketable

materials produced wholly from agricultural operation,

other than forest or range management operations,

directly related: (1) to the growing and harvesting

of crops or raising of animals if such crops or

animals are grown for the primary purpose of making a

profit or for a livelihood; or (2) to conducting

agricultural research; or (3) to instruction in an

educational institution. Agricultural wastes include,

but are not limited to, grass or weeds growing in or

adjacent to fields used in the growing of crops or

animals, and paper fertilizer and pesticide sacks or

containers when such sacks or containers have been

emptied in the field, or materials not produced wholly

from such operations, but which are intimately related

to growing or harvesting of crops and which are used

in the field, except as prohibited by District


4. Air Contaminant. Smoke, charred paper, dust, soot,

grime, carbon, noxious acids, fumes, gases, odors, or

particulate matter, or any combination thereof.

5. Alteration. Any physical change in, or any change in

method of operation of an existing stationary source

which does not qualify for new source review.

6. Ambient Air Quality Standards. Standards set by the

State and Federal government.

7. Architectural Surface Coating. Any coating applied to

stationary structures and their appurtenances, to

mobile homes, to pavements, or to curbs. Does not

include offsite fabrication or production.

8. Atmosphere. 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 industrial hygiene

problem unless such emission subsequently is released

to escape from the building.

9. Best Available Control Technology (BACT). The most

stringent emission limitation or control technique


a. has been achieved in practice for such permit unit

category or class or source; or

b. is contained in any state implementation plan

(SIP) approved by the Environmental Protection

Agency (EPA) for such permit unit category or

class of source. A specific limitation or control

technique shall not apply if the owner or operator

of the proposed permit unit demonstrates to the

satisfaction of the Air Pollution Control Officer

that such limitation or control technique is not

presently achievable; or

c. is any other emission limitation or control

technique, including process and equipment changes

of basic and control equipment, found by the Air

Pollution Control Officer to be technologically

feasible for such class or category of sources or

for a specific source, and cost-effective as

compared to measures as listed in the Clean Air

Plan (CAP) or rules adopted by the Board.

10. Board. Air Pollution Control Board of the Air

Pollution Control District of San Luis Obispo County.

11. Brush Treated. Material to be burned that has been

felled, crushed or uprooted with mechanical equipment,

or has been desiccated with herbicides, and that such

material has been dried for the minimum drying times

specified in Rule 502.

12. California Coastal Waters. That area between the

California coastline and a line starting at the

California-Oregon border at the Pacific Ocean

thence to 42.0 N125.5 W

thence to 41.0 N125.5 W

thence to 40.0 N125.5 W

thence to 39.0 N125.0 W

thence to 38.0 N124.5 W

thence to 37.0 N123.5 W

thence to 36.0 N122.5 W

thence to 35.0 N121.5 W

thence to 34.0 N120.5 W

thence to 33.0 N119.5 W

thence to 32.5 N118.5 W

and ending at the California-Mexico border at the

Pacific Ocean.

13. Cargo Carriers. Trains or marine vessels dedicated to

a specific source. The emissions from all marine

vessels which load or unload at the source shall be

considered as emissions from the stationary source

while such vessels are operating in District waters

and in California coastal waters adjacent to the

District and in those areas of Outer Continental Shelf

waters for which the District has been designated the

corresponding onshore area by EPA.

14. Clean Air Plan (CAP). Refers to the most recently

adopted version of the San Luis Obispo County Clean

Air Plan originally adopted by the Board on January

21, 1992.

15. Combustible Refuse. Any solid or liquid combustible

waste material containing carbon in a free or combined


16. Combustion Contaminants. Solid or liquid particles

discharged into the atmosphere from the burning of any

kind of material containing carbon in a free or

combined state.

17. Community Bank. An emission reduction account which

contains community bank credits which can be used as

offsets for emission increases from new, replacement,

modified, and relocated sources located at small

businesses and essential public services.

18. Community Bank Credit (CBC). Emission reduction

credits from the community bank.

19. Condensed Fumes. Minute solid particles generated by

the condensation of vapors from solid matter after

volatization from the molten state, or may be

generated by sublimation, distillation, calcination,

or chemical reaction, when these processes create

airborne particulates.

20. Containing Device. Any stack, duct, flue, oven,

kettle, or other structure or device which so contains

an air contaminant, as essentially to prevent its

entering the atmosphere except through such openings

as may be incorporated for emission purposes.

21. Control Equipment. air pollution control equipment.

22. Control Measure. A measure contained in the CAP.

23. Control Officer. Air Pollution Control Officer of the

Air Pollution Control District of San Luis Obispo


24. Control Strategy. A physical change, change in method

of operation, hours of operation, throughput or other

process variable that, combined with a change in

permit conditions, results in enforceable emission


25. Days. Working calendar days unless otherwise stated.

26. Designated Agency. Any agency designated by the 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 respective areas of


27. District. Air Pollution Control District of San Luis

Obispo County.

28. 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,


29. Emission. The act of passing into the atmosphere of

an air contaminant or gas stream which contains an air

contaminant, or the air contaminant so passed into the


30. Emission Increase. A change in emissions with a value

greater than zero, as calculated pursuant to Rule


31. Emission Point. The place, located in a horizontal

plane and vertical elevation, at which an emission

enters the atmosphere.

32. Emission Reduction. The difference between the

emissions an "emission unit" actually emits in

compliance with these Rules or the permitted

emissions, whichever is lower, and the emissions which

that "emission unit" emits following the

implementation of a control strategy, as calculated

pursuant to Rule 213.E.

33. Emission Reduction Credit (ERC). The banked emission

reductions available for use as an offset for emission

increases from new, replacement, modified, or

relocated sources.

34. Emission Unit. Any operation, article, machine,

equipment or other contrivance which may emit or

reduce the emission of any air contaminant or


35. Enforceable Emission Reduction. An emission reduction

which is assured by changes to a Permit to Operate

that reflect a reduced potential to emit or assured by

the surrender or revocation of a Permit to Operate.

36. Equivalent Control Technology. Technology which

results in a control efficiency equal to or greater

than the degree of control which existed or was

required prior to the replacement or relocation.

37. Essential Public Service. Publicly owned or


a. sewage treatment facility which is publicly owned

and operated consistent with an approved regional

growth plan; or

b. prison, jail, correctional facility; or

c. police or fire fighting facility; or

d. school or hospital; or

e. construction and operation of a landfill gas

control or processing facility; or

f. water delivery operations; or

g. any other facility or operation so deemed by the


38. Flue. Any duct or passage for air, gases, or the

like, such as a stack or chimney.

39. Forest Management Burning. The use of open fires, as

part of a forest management practice, to remove forest

debris. Forest management practices include timber

operations, silvicultural practices, and forest

protection practices.

40. Graphic Arts Materials. Any inks, coatings,

adhesives, fountain solutions, thinners, retarders, or

cleaning solutions used in printing or related coating

or laminating processes.

41. Hearing Board. Five member Board appointed by the Air

Pollution Control Board of San Luis Obispo County

pursuant to Division 26, Part 1, Chapter 8, Article 1,

of the California Health and Safety Code with the

powers and duties prescribed for Hearing Boards in

Chapter 8, Division 26, of the California Health and

Safety Code.

42. Household Rubbish. Household rubbish means the

following waste material and trash normally

accumulated by a family in the course of ordinary

day-to-day living; garden trash and prunings, paper,

paper products and wood waste.

43. Major Stationary Source. Shall be defined as in Title

40 of Chapter I of the Code of Federal Regulations,

Section 70.2.

44. Modified Emission Unit:

a. Any physical change to any emission unit or any

change in method of operation of any emission unit

which will increase emissions of any air

contaminant from an existing emission unit.

b. Any change in hours of operation, throughput, or

other process variable, which would result in an

emission increase and would necessitate a revision

to a permit condition.

A change in ownership, or routine maintenance or

repair, shall not be considered a physical change or

change in method of operation.

45. Multiple Chamber Incinerator. Any equipment, article,

machine, contrivance, structure or part of a

structure, used to dispose of combustible refuse by

burning, consisting of three refractory lined

combustion furnaces in series, physically separated by

refractory walls, interconnected by gas passage ports

or ducts employing adequate design parameters

necessary for maximum combustion of materials to be

burned. The refractories shall have a Pyrometric Cone

Equivalent of at least 17, tested according to the

methods described in the American Society for Testing

Materials, Method C-24.

46. Natural Gas. Fuel gas supplied to commercial,

industrial, and residential subscribers by Public

Utility Commission regulated gas companies. (This

Natural Gas will typically contain less than 1 gram

per 100 cubic feet of sulfur compounds calculated as

hydrogen sulfide.)

47. Net Emission Increase. The sum of all emission

increases after August 10, 1993 in a stationary

source's potential to emit of a subject pollutant

which were not offset and occurred during the most

recent three year period prior to application


48. No-Burn Day. Any day on which agricultural burning is

prohibited by the Air Resources Board or the Air

Pollution Control District. The San Luis Obispo

County Air Pollution Control District may declare any

permissive day designated by the State Air Resources

Board to be a no-burn day if necessary to maintain

suitable air quality.

49. Offset. An emission reduction credit or community

bank credit which is used to mitigate an emission

increase from a new, replacement, modified, or

relocated emission unit.

50. Oil-Effluent Water Separator. Any tank, box, sump or

other container in which any petroleum or product

thereof, floating on or entrained or contained in

water entering such tank, box, sump or other

container, is physically separated and removed from

such water prior to outfall, drainage, or recovery of

such water.

51. Open Outdoor Fire. Any combustion of combustible

material of any type outdoors, in the open, not in any

enclosure, where the products of combustion are not

directed through a flue.

52. Orchard or Citrus Grove Heaters. Any article,

machine, equipment or other contrivance burning any

type of fuel, capable of emitting air contaminants,

used or capable of being used for the purpose of

giving protection from frost damage.

53. Particulate Matter. Any material, except uncombined

water, which exists in a finely divided form as a

liquid or solid at standard conditions.

54. Particulate Matter Less Than 10 Microns (PM10).

Particulate matter with a diameter equal to or less

than 10 micrometers.

55. Permanent Emission Reduction. An emission reduction

that can be assured for the period during which any

emission reduction credits obtained from the emission

reduction are available for use as offsets. This time

period may be limited or unlimited.

56. Permissive Burn Day. Any day on which the Air

Resources Board or the Air Pollution Control District

does not prohibit burning of agricultural wastes.

57. Person. Any person, firm, association, organization,

partnership, business trust, corporation, company,

contractor, supplier, installer, user, owner, state or

local governmental agency or public district, or any

officer or employee thereof.

58. Potential to Emit. The potential to emit is an

emission limit which specifies the maximum quantity of

each air pollutant which may be emitted by an emission

unit during a 12 calendar month rolling period. This

limit shall be based on any period of 12 consecutive

calendar months and shall be expressed in the units of

tons per year.

The potential to emit shall be calculated based on the

maximum design capacity or other operating conditions

which reflect the maximum potential emissions, unless

specific limiting conditions on the Authority to

Construct and/or Permit to Operate restrict emissions

to a lower level.

59. Precursor. A pollutant, that when emitted into the

atmosphere, may undergo either a chemical or physical

change which then produces another pollutant.

60. Prescribed Burning. The planned application of fire

to vegetation on lands selected in advance of such

application, where any of the purposes of the burning

are specified in the definition of agricultural

burning as set forth in California Health and Safety

Code Section 39011.

61. Process Weight. 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 a 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 operation from the

beginning of any given process to the completion

thereof excluding any time during which equipment is


62. PPM. Parts per million by volume.

63. Quantifiable Emission Reduction. An emission

reduction for which the District can establish a

reliable basis for calculating the amount and rate of

the reduction, and describing the characteristics of

the reduction.

64. Range Improvement Burning. 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.

65. Reactive Organic Gas (ROG). That portion of a VOC

that is emitted into the air and has the capacity to

photochemically react to form ozone.

66. Reasonably Available Control Technology (RACT). The

lowest emission limit that a particular source is

capable of meeting by the application of control

technology that is reasonably available, considering

technological and economic feasibility.

67. Real Emission Reduction. An emission reduction that

is not artificially generated.

68. Reduction. Any heated process, including rendering,

cooking, drying, dehydrating, digesting, evaporating

and protein concentrating.

69. Regulation. One of the major subdivisions of the

Rules and Regulations of the San Luis Obispo County

Air Pollution Control District.

70. Rule. A rule of the Air Pollution Control District of

San Luis Obispo County.

71. Section. A Section of the Health and Safety Code of

the State of California unless some other statute is

specifically mentioned.

72. Silvicultural. The establishment, development, care

and reproduction of stands of timber.

73. Single Source. Any single stack, duct, flue,

structure, device, or operation which is capable of

emitting air contaminants into the atmosphere.

74. Small Business. A business which is independently

owned and operated and meets the following criteria,

or if affiliated with another concern, the combined

activities of all concerns shall meet these criteria:

a. the number of employees is 20 or less; and

b. the total gross annual receipts are $2,000,000 or


75. South Central Coast Air Basin. San Luis Obispo

County, Santa Barbara County and Ventura County.

76. State Board. The State Air Resources Board, or any

person authorized to act on its behalf.

77. Stationary Source. Any building, structure, facility,

or installation which emits or may emit any affected

pollutant directly or as a fugitive emission.

"Fugitive Emissions" means those emissions which could

not reasonably pass through a stack, chimney, vent or

other functionally equivalent opening.

"Installation" includes any operation, article,

machine, equipment, contrivance, or grouping of

equipment belonging to the same two-digit standard

industrial classification code, which emits or may

emit any affected pollutant, located on contiguous

properties, and under common control.

"Building, structure, or facility" includes all

pollutant emitting activities, including activities

located in California coastal waters adjacent to the

South Central Coast Air Basin boundaries and those

areas of the Outer Continental Shelf waters for which

the District has been designated the corresponding

onshore area by the EPA which:

a. belong to the same industrial grouping, and

b. are located on one or more contiguous or adjacent

properties (except for activities located in

coastal waters), and

c. are under the same common ownership, operation, or

control or which are owned or operated by entities

which are under common control.

Pollutant emitting activities shall be considered as

part of the same industrial grouping if they are part

of a common production process. (Common production

process includes industrial processes, manufacturing

processes, and any connected processes involving a

common raw material.)

"Common operations" includes operations which are

related through dependent processes, storage or

transportation of the same or similar products or raw

material. The emissions within District boundaries,

California coastal waters, and those areas of the

Outer Continental Shelf waters for which the District

has been designated the corresponding onshore area by

the EPA from cargo carriers associated with the

stationary source shall be considered emissions from

the stationary source.

78. Subsection. A subsection of a rule of the Air

Pollution Control District of San Luis Obispo County.

79. Surplus Emission Reduction. An emission reduction

that is not required by any federal, state, or

district law, rule, order, permit or regulation with

the exception of Rule 204.A.

80. Timber Operations. Cutting or removal of timber or

other forest vegetation.

81. Total Cumulative Increase. The sum of all emission

increases in a stationary source's potential to emit

which were exempt from offsets by Rule 204.C.2.

82. Volatile Organic Compounds (VOC). Any compound of

carbon, excluding carbon monoxide, carbon dioxide,

carbonic acid, metallic carbides or carbonates, and

ammonium carbonate, which participates in atmospheric

photochemical reactions. This includes any such

organic compound other than the following, which have

been determined to have negligible photochemical

reactivity: methane; methylene chloride

(dichloromethane); 1,1,1-trichloroethane (methyl

chloroform); 1,1,2-trichloro-1,2,2-trifluoroethane

(CFC-113); trichlorofluoromethane (CFC-11);

dichlorodifluoromethane (CFC-12);

chlorodifluoromethane (HCFC-22); trifluoromethane

(HFC-23); 1,2-dichloro 1,1,2,2-tetrafluoroethane (CFC-

114); chloropentafluoroethane (CFC-115); 1,1,1-

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

tetrafluoroethane (HFC-134a); 1,1-dichloro 1-

fluoroethane (HCFC-141b); 1-chloro 1,1-difluoroethane

(HCFC-142b); 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-

124); pentafluoroethane (HFC-125); 1,1,2,2-

tetrafluoroethane (HFC-134); 1,1,1-trifluoroethane

(HFC-143a); 1,1-difluoroethane (HFC-152a); and

perfluorocarbon compounds which fall into these


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 sulfur bonds only to carbon

and fluorine.

83. Voluntary Control Strategy. A control strategy which

is not required by any federal, state, or district

law, rule, order, permit, or regulation.

84. Wildland Vegetation Management Burning. The use of

prescribed burning conducted by a public agency, or

through a cooperative agreement or contract involving

a public agency, to burn land predominantly covered

with chaparral (as defined in Title 14, California

Code of Regulations, Section 1561.1), trees, grass, or

standing brush.

85. Wildlife or Game Habitat. Any area used or planned to

be used for conservation or management of wild plants

or animals.