SAN LUIS OBISPO COUNTY AIR POLLUTION CONTROL DISTRICT

RULE 220 - PORTABLE EQUIPMENT REGISTRATION
(Adopted 4/26/95)

A. PURPOSE

The purpose of this Rule is to provide an administrative mechanism, and establish standards for registration of certain portable emissions units for operation at participating districts throughout the state of California. The Districts may update, through rulemaking, the emissions standards for new emissions units as more effective control technology becomes available.

B. APPLICABILITY

Nothing in this Rule shall be construed as requiring registration for an emissions unit which otherwise is exempt from the District's permit requirements (Rule 201 - Exemptions). Emissions units used in conjunction with the following portable equipment source categories shall be eligible for registration under the provisions of this Rule:

  1. Confined abrasive blasting
  2. Portland concrete batch plants
  3. Spark Ignition, or diesel-fired piston-type internal combustion engines, except for marine dredges, used in conjunction with the following types of operations:

    a. Well drilling, service, or workover rigs;

    b. Power Generation (excluding cogeneration);

    c. Pumps;

    d. Compressors;

    e. Pile Drivers;

    f. Welding;

    g. Cranes; and

    h. Woodchippers

  4. Sand and gravel screening, rock crushing, and unheated pavement crushing and recycling operations
  5. Unconfined abrasive blasting

C. DEFINITIONS

For the purpose of this Rule, the following definitions apply:

  1. "Administering District": A district that adopts the provisions contained in Sections C through H of this Rule for one or more of the equipment categories listed in Section B of this Rule, and in which the owner or operator of a portable emissions unit files an application for registration. A district can be an administering district only for the equipment categories for which it has adopted the requirements contained in this Rule.
  2. "District": An air pollution control district or air quality management district duly organized under the applicable provisions of California Health and Safety Code.
  3. "Emergency Operation": Any operation which is necessitated as a result of an emergency declared by an authorized government official.
  4. "Emissions Unit": An identifiable process, operation, or piece of process equipment such as an article, machine, or other contrivance, which emits or may emit, or results in the emissions of any air contaminant directly or as fugitive emissions. For the purpose of this Rule, each internal combustion engine constitutes a separate emissions unit.
  5. "Equivalent Replacement": Shall mean either of the following:

    a. the replacement of or modification of an emissions unit where the maximum rating of the replacement unit does not exceed that of the unit being replaced, and the replacement unit is equipped with equal or better air pollution control technology.

    b. the replacement of or modification of an emissions unit where the maximum controlled emission rate from the replacement unit is reduced by at least twice the increase from the maximum rating of the existing unit, on a percentage basis. Limitations on capacity or hours of operation shall not be taken into account in qualifying as an equivalent replacement.

  6. "Existing Emissions Unit": An emissions unit that resided in the State of California at any time during calendar year 1993, and is registered in accordance with the provisions of this Rule no later than October 26, 1995, in the participating district in which the equipment is located or is to first be operated. The owner or operator shall provide sufficient documentation to prove the residency requirement to the satisfaction of the Air Pollution Control Officer. Examples of adequate documentation are existing permits issued by an air pollution control district, district air pollution inventory records, tax records, and usage or maintenance records. An equivalent replacement unit, replacing an existing emissions unit shall be treated as an existing emissions unit.
  7. "Location": Except for oil well drilling, service, or workover rigs, one or more contiguous or adjacent properties. Contiguous or adjacent properties are properties with two or more parcels of land in actual physical contact, or separated solely by a public roadway or other public right-of-way. For oil well drilling, service, or workover rigs in, each well-site shall be considered as a separate location.
  8. "New Emissions Unit": Any emissions unit that does not meet the definition of an existing emissions unit shall be deemed a new emissions unit.
  9. "Participating District": Any district that, through rulemaking, agrees to honor and enforce registrations issued by an administering district. Districts may choose to honor registrations for one or more of the equipment categories listed in Section B.
  10. "Portable Emissions Unit": Any emissions unit that, by itself or in or on a piece of equipment, is portable, meaning designed to be and capable of being carried or moved from one location to another. Indications of portability include, but are not limited to, wheels, skids, carrying handles, dolly, trailer, platform or mounting. An emission unit is not portable if:

    a. the emissions unit remains or will remain at a location for more than six (6) consecutive months. Any emissions unit, such as a back-up or stand-by unit, that replaces an emissions unit at a location and is intended to perform the same function as the unit being replaced will be included in calculating the consecutive time period. In that case, the cumulative time of both emissions units, including the time between the removal of the original unit and installation of the replacement unit, would be counted towards the consecutive residence time period; or

    b. the emissions unit remains or will remain at a location for less than six (6) consecutive months where such a period represents the full length of normal annual source operations at the stationary source that resides at a fixed location for more than six (6) consecutive months such as a seasonal source; or

    c. the emissions unit is removed from one location for a period and then returned to the same location in an attempt to circumvent the portable equipment residence time requirement.

    The period during which the emissions unit is maintained at a storage facility shall be excluded from determining the above residency requirements.

  11. "Project": One or more registered portable emissions unit(s) operated at one location under the same or common ownership or control, and used to perform a single activity.
  12. "Volatile Organic Compound (VOC)": Any compound containing at least one atom of carbon except for the following exempt compounds:

    methane,

    carbon monoxide,

    carbon dioxide,

    carbonic acid,

    metallic carbides or carbonates,

    ammonium carbonates,

    methylene chloride,

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

    CFC-113 (trichlorotrifluoroethane),

    CFC-11 (trichlorofluoromethane),

    CFC-12 (dichlorodifluoromethane),

    CFC-22 (chlorodifluoromethane),

    CFC-23 (trifluoromethane),

    CFC-114 (dichlorotetrafluoroethane),

    CFC-115 (chloropentafluoroethane),

    HCFC-123 (dichlorotrifluoroethane),

    HFC-134a (tetrafluoroethane),

    HCFC-141b (dichlorofluoroethane), and

    HCFC-142b (chlorodifluoroethane).

D. REGISTRATION PROCESS

  1. If the owner or operator of an emissions unit operated in conjunction with one of the source categories listed in Section B of this Rule elects to apply for registration of said emissions unit, the owner or operator shall apply for registration at the participating district in which the portable equipment is located at the time the application for registration is filed. If the equipment is located outside the state of California, or in a non-participating District, the owner or operator must register at the district where the equipment will first be operated after registration.
  2. The applicant shall provide the administering district with the necessary engineering data, emissions test data, or manufacturer's guarantee to demonstrate compliance with the requirements as specified in Section E of this Rule.
  3. The administering district shall issue registration, deny registration, or deem the application incomplete according to the following schedule:

    a. Within 90 calendar days of the receipt of an application for applications received on or before October 26, 1995; and

    b. Within 30 calendar days of the receipt of an application for applications received after October 26, 1995.

  4. The administering district shall conduct an on-site inspection of the emissions unit prior to issuing registration for the unit.
  5. No later than 10 working days after issuance of a registration, the administering district shall forward to all participating districts a copy of the registration and upon request by a participating district a copy of the application for registration.
  6. The owner or operator of a registered emission unit may operate the unit within the boundaries of any participating district pending compliance with all applicable requirements.
  7. The administering district shall renew the registration on annual basis pending the payment of all applicable fees and compliance with all applicable requirements.
  8. The participating districts shall provide written reports, to the administering district, describing the nature and outcome of any violation of the applicable requirements by the owner or operator of the registered equipment. The administering district shall distribute such information to all other participating districts.
  9. The participating districts shall provide a written reports, to the administering district, describing any hearing board action concerning the registered equipment. The administering district shall distribute such information to all other participating districts.
  10. Equivalent replacement units must go through the entire registration process in order to obtain registration, including the surrender of the registration for the equipment being replaced.
  11. For the purpose of this Rule, permitting in Division 26 of Health and Safety Code of the state of California, Part 3, Chapter 8 and Part 4, Chapter 4, Articles 2 and 4, respectively entitled Hearing Board, Variances, and orders of abatement, shall be considered to have the same meaning as registration as provided in this Rule. The Air Pollution Control Officer and the District Hearing Board shall have the same authority concerning registration as it does with permits, and the owner or operator of registered emissions unit shall be entitled to the same privileges and rights granted to a permittee.
  12. The administering district shall notify all participating districts of any changes in the status of registration for an emissions unit.

E. SOURCE CATEGORY REQUIREMENTS

  1. Confined Abrasive Blasting Operations

    a. No air contaminant shall be discharged into the atmosphere for a period or periods aggregating more than three (3) minutes in any one hour which is as dark as or darker than Ringelmann one (1) or equivalent 20% opacity.

    b. The particulate matter emissions shall be controlled using a fabric or cartridge filter dust collector.

    c. As a part of application for registration, the applicant shall provide manufacturer's specifications or engineering data to demonstrate a minimum particulate matter arrestance of 99% for the dust collection equipment.

    d. Except for passive vent filters, each fabric dust collector shall be equipped with an operational pressure differential gauge to measure the pressure drop across the filters.

  2. Concrete Batch Plants

    a. All dry material transfer points shall be ducted through a fabric or cartridge type filter dust collector, unless there are no visible emissions from the transfer point.

    b. All cement storage silos shall be equipped with fabric or cartridge type vent filters.

    c. The silo vent filters shall be maintained in proper operating condition.

    d. No air contaminant shall be discharged into the atmosphere for a period or periods aggregating more than three (3) minutes in any one hour which is as dark as or darker than Ringelmann one (1) or equivalent 20% opacity.

    e. Open areas shall be maintained adequately wet to prevent fugitive emissions in excess of 20 percent opacity or Ringelmann one (1).

    f. Silo service hatches shall be dust-tight.

    g. As a part of application for registration, the applicant shall provide manufacturer's specifications or engineering data to demonstrate a minimum particulate matter arrestance of 99% for the dust collection equipment.

    h. Except for passive vent filters, each fabric dust collector shall be equipped with an operational pressure differential gauge to measure the pressure drop across the filters.

  3. Diesel Fired Piston Type Internal Combustion Engines

    a. The engine timing shall be retarded by a minimum of four (4) degrees from the manufacturer's standard timing, or the NOx emissions from naturally aspirated engines shall not exceed 10 grams per brake horsepower-hour (700 ppmv at 15% O2).

    b. The engine timing shall be retarded by a minimum of four (4) degrees from the manufacturer's standard timing, or the NOx emissions from turbocharged engines shall not exceed 7.2 grams per brake horsepower-hour (500 ppmv at 15% O2).

    c. The sulfur content of the diesel fuel shall not exceed 0.05% by weight.

    d. Particulate matter emissions concentration shall not exceed 0.10 grain per standard dry standard cubic feet corrected to 12% carbon dioxide (CO2).

    e. Except for visible emissions from pile drivers, no air contaminant shall be discharged into the atmosphere for a period or periods aggregating more than three (3) minutes in any one hour which is as dark as or darker than Ringelmann one (1) or equivalent 20% opacity. Pile drivers shall comply with the applicable provisions of 41701.5 of the California Health and Safety Code.

    f. If the NOx emission limits, as specified in Subsections E.3.a or E.3.b are not met, in addition to ignition retarding all engines with ratings greater than 50 BHP, but less than 117 BHP, that do not qualify as existing emissions units, shall be equipped with turbochargers.

    g. If the NOx emission limits, as specified in Subsections E.3.a or E.3.b are not met, in addition to ignition retarding all engines with ratings greater than 117 BHP, that do not qualify as existing emissions units, shall be equipped with turbochargers and aftercoolers.

  4. Sand and Gravel Screening, Rock Crushing, and Pavement Crushing and Recycling Operations

    a. No air contaminant shall be discharged into the atmosphere for a period or periods aggregating more than three (3) minutes in any one hour which is as dark as or darker than Ringelmann one (1) or equivalent 20% opacity.

    b. There shall be no visible emissions beyond the property line on which the equipment is being operated.

    c. All transfer points shall be ducted through a fabric or cartridge type filter dust collector, or shall be equipped with wet suppression system maintaining a minimum moisture content of four (4) percent by weight.

    d. Particulate matter emissions from each crusher shall be ducted through a fabric dust collector, or a wet suppression system which maintains a minimum moisture content of four (4) percent by weight shall be used.

    e. All conveyors shall be covered, unless the material being transferred does not result in any visible particulate matter emissions.

    f. All stockpiled material shall be maintained at a minimum moisture content of four (4) percent by weight, unless the stockpiled material does not result in any visible particulate matter emissions.

    g. Any source which processes in excess of 150 tons per hour shall comply with all the applicable provisions of the Code of Federal Regulations (CFR) under 40 CFR Part 60, Subpart OOO.

    h. As a part of application for registration, the applicant shall provide manufacturer's specifications or engineering data to demonstrate a minimum particulate matter arrestance of 99% for the dust collection equipment.

    i. Except for passive vent filters, each fabric dust collector shall be equipped with an operational pressure differential gauge to measure the pressure drop across the filters.

  5. Unconfined Abrasive Blasting Operations

    a. No air contaminant shall be discharged into the atmosphere for a period or periods aggregating more than three (3) minutes in any one hour which is as dark as or darker than Ringelmann two (2) or equivalent 40% opacity.

    b. Only California Air Resources Board certified abrasive blasting material shall be used.

    c. The abrasive material shall not be reused unless the abrasive conforms to its original cut-point for fineness.

    d. No air contaminant shall be released into the atmosphere which causes a public nuisance.

    e. All applicable requirements of Title 17 of California Code of Regulations shall also apply.

  6. Spark Ignition Internal Combustion Engines

    a. The NOx emissions shall not exceed 1.5 grams per brake horsepower-hour (100 ppmv at 15% O2).

    b. The VOC emissions shall not exceed 1.5 grams per brake horsepower-hour (650 ppmv at 15% O2).

    c. The CO emissions shall not exceed 2.0 grams per brake horsepower-hour (500 ppmv at 15% O2).

    d. Except for pile drivers, no air contaminant shall be discharged into the atmosphere for a period or periods aggregating more than three (3) minutes in any one hour which is as dark as or darker than Ringelmann one (1) or equivalent 20% opacity.

F. GENERAL REPORTING AND RECORDKEEPING REQUIREMENTS

  1. Notification. If an emissions unit remains at a district for more than 24 hours, the operator shall notify the District within two (2) calendar days. The notification shall include the following information:

    a. The general nature of the operations.

    b. The estimated duration of operations within the district.

    c. The name and phone number of a contact person with information concerning the locations where the equipment will be operated within the district.

  2. Reporting. Within 30 calendar days after the end of every calendar quarter the operator of a registered portable emissions unit, except for rental equipment, shall notify the district in which the unit was operated of the level of activities within the district during the preceding calendar quarter. The notification shall include the following information:

    a. The location(s) at which the equipment was operated, including the dates operated at each location.

    b. The type and quantity of materials processed by each emissions unit, or the daily hours of operation for each emissions unit in conjunction with hourly throughput rate.

    c. The type and quantity of fuels consumed by each emissions unit, or the daily hours of operation for each emissions unit in conjunction with hourly horsepower or btu rating.

  3. Requirements for Rental Equipment

    a. The operator of a rental registered portable equipment shall be responsible for compliance with the notification and recordkeeping requirements of this Rule. The operator must furnish the necessary recordkeeping as required pursuant to Subsections F.2.a, F.2.b, and F.2.c of this Rule, to the owner of the equipment.

    b. The owner of a rental registered portable equipment shall provide the operator with a written copy of applicable requirements of this Rule, including the notification and recordkeeping requirements, as a part of the equipment rental agreement. The owner must maintain written acknowledgement by the operator of receiving the above information for a period of at least two years.

    c. The owner of a rental registered portable equipment must compile the records provided by the equipment operators in and within 30 calendar days after the end of every calendar quarter shall submit the above information to the participating districts.

G. TESTING REQUIREMENTS

Testing to verify compliance with the applicable requirements shall be conducted at the expense of the registered owner or operator at the request of the district and in accordance with the methodology prescribed by the district.

The district must accept prior test results from tests conducted within the last two (2) years, provided that operator proves to the satisfaction of the Air Pollution Control Officer that the prior testing was conducted in accordance with appropriate methods, and the conditions under which the unit was tested represent the operating conditions of the equipment as proposed.

  1. H. PROHIBITIONS
    Except for emissions from existing emissions units, the total oxides of nitrogen (NOx), or volatile organic compounds (VOCs) emissions from a project shall not exceed 100 pounds during any one day, for each pollutant.
  2. The total particulate matter less than ten microns (PM10) emissions from a project shall not exceed 150 pound during any one day.
  3. No air contaminant shall be released into the atmosphere which causes a public nuisance.
  4. Except for emergency operations, the emissions unit shall not be operated within 1,000 feet of any K-12 school, unless the public and student notification applicable requirements of California Health and Safety Code Section 42301.6 have been satisfied.
  5. The actual emissions from the unit, when operated as a registered portable emissions unit, as verified by recordkeeping as prescribed by this Rule, shall not exceed 10 tons per year of any affected pollutant when operated in any participating district.

I. FEES

  1. Initial Registration Fee. For emission units undergoing initial registration in the San Luis Obispo County APCD (District):

    Every applicant for a portable equipment registration shall pay a non-refundable filing fee of $150 per emissions unit. If the owner or operator chooses to declare the equipment as non-operational at the time of initial registration, a non-refundable fee of $10 shall be paid, in lieu of paying the initial registration fee. To declare an emissions unit as non-operational, the registered owner or operator shall state in writing the intention to not operate the said equipment in either the District or any participating district until registration is renewed. Prior to operating the emissions unit, the registered owner or operator shall pay the initial registration fee of $150 in full to the District.

  2. Annual Registration Renewal Fee. For emission units initially registered in the District:

    On the anniversary of the issuance of a registration, the owner or operator shall pay a renewal fee of $90 per emissions unit unless the owner or operator declares non-operational status for the emissions unit. The annual renewal fee may be prorated to a single anniversary date for the holder of registrations with more than one anniversary date. If the renewal fee is not paid within calendar 60 days of the due date, the fee shall be increased by 50%. Nonpayment of the increased fee and penalty within calendar 90 days of the due date may result in cancellation of the registration.

  3. Administrative Fees. If a unit is operated within the District and, for that unit, the District is not the administering district, the owner or operator of a registered portable equipment shall pay an administrative fee of $45 per year for each emissions unit. If the administrative fee is not paid within calendar 60 days of the due date, the fee shall be increased by 50%. Nonpayment of the increased fee and penalty within calendar 90 days of the due date may result in cancellation of the registration.
  4. Inspection Fees. If a unit is inspected by the District and, for that unit, the District is not the administering district, the owner or operator of a registered portable equipment shall pay an inspection fee of $45 per year for each emissions unit. If the inspection fee is not paid within calendar 60 days of the due date, the fee shall be increased by 50%. Nonpayment of the increased fee and penalty within calendar 90 days of the due date may result in cancellation of the registration.
  5. Non-Operational Equipment Fees. Upon receipt of the invoice for annual registration renewal, the registered owner or operator may choose to declare the equipment as non-operational for a non-refundable fee of $10, in lieu of paying the annual registration fee. To declare an emissions unit as non-operational, the registered owner or operator shall state in writing the intention to not operate the said equipment in either the District or any participating district until registration is renewed. Prior to operating the emissions unit, the registered owner or operator shall pay the annual registration fee in full to the District.

J. IMPLEMENTATION SCHEDULE

The owner or operator of an emissions unit subject to the provisions of this Rule shall apply for registration according to the following schedule:

  1. No later than October 26, 1995, for existing emissions units.
  2. All other equipment must register prior to commencing operations.