San Luis Obispo County APCD 212-1 8/10/93

RULE 212. COMMUNITY BANK 

 (Adopted 11/5/91; Revised 8/10/93) 

A. RESERVED 

B. APPLICABILITY 

1. This rule shall apply to all applications for use of Community Bank Credits 

(CBC's). 

2. Disbursements from the Community Bank shall be available to the extent allowed 

pursuant to subsections D and E, to a replacement, modified, or relocated 

stationary source classified as a small business, as defined in Rule 105, where the 

cumulative yearly potential to emit increase since August 10, 1993 will be less 

than two tons each per year of NOx, ROG, SOx and PM10 after construction, 

modification, or relocation. 

3. Essential Public Services will be qualified to draw from the Community Bank, 

provided the applicant has secured all potential offsets available by modifying 

emission units at the same stationary source. 

C. FUNDING 

1. The Community Bank shall be funded with actual emission reductions which are 

in excess of those reductions required or encumbered by local, state, and federal 

requirements. In addition, emission reductions shall be real, quantifiable, 

permanent, enforceable, and surplus. 

2. Funding for the Community Bank shall include, but not be limited to, the 

discounting of emission reduction credits pursuant to Rule 211 for new and 

modified emission units. 

D. COMMUNITY BANK CREDIT AVAILABILITY AND ALLOCATION 

1. On or before the last day of each calendar quarter, the Air Pollution Control 

Officer (APCO) shall determine the amount of emission reductions which are 

available from the Community Bank. 

2. The APCO shall make available on the first Wednesday of each calendar quarter 

the amounts of each pollutant available from the community bank. 

3. Disbursement of emission reductions from the Community Bank shall be made on 

the last Wednesday of each calendar quarter or other schedule deemed practicable 

by the Air Pollution Control Officer for applications meeting the specifications of 

B.2. 
San Luis Obispo County APCD 212-2 8/10/93

4. During any calendar quarter for which there are more requests for community 

bank credits than are available for disbursement during that quarter, priority shall 

be given as follows: 

a. First, to essential public services. Priority shall be given to the application 

which was deemed complete the earliest. The San Luis Obispo County 

Air Pollution Control Board may determine that a specific essential public 

service shall be given priority for access to the community bank based on 

public health or safety regardless of the date on which the application was 

deemed complete. 

b. Second, to stationary sources eligible for access to the community bank 

pursuant to subsection B.2. Priority shall be given to the applicants with 

the lowest accumulated total emissions. For applicants with the same 

accumulated total emissions, priority shall be given to the application 

which was deemed complete earliest. The accumulated total emissions 

(ATE) shall be calculated as follows: 

ATE = RROG + PROG + RNOx + PNOx + RPM10 + 

PPM10 + RSOx + PSOx 

where: 

RROG = amount of ROG community bank credits requested in 

tons per year. 

PROG = amount of ROG community bank credits previously 

received from the community bank in tons per year 

RNOx = amount of NOx community bank credits requested in tons 

per year. 

PNOx = amount of NOx community bank credits previously 

received from the community bank in tons per year 

RPM10 = amount of PM10 community bank credits requested in 

tons per year. 

PPM10 = amount of PM10 community bank credits previously 

received from the community bank in tons per year. 

RSOx = amount of SOx community bank credits requested in tons 

per year. 

PSOx = amount of SOx community bank credits previously 

received from the community bank in tons per year. 
San Luis Obispo County APCD 212-3 8/10/93

c. Third, to stationary sources eligible for access to the community bank and 

for which the requested community bank credits would be used as offsets 

for an emission unit for which an Authority to Construct or Permit to 

Operate was required but not obtained. Priority shall be given to the 

applicants with the lowest accumulated total emissions. For applicants 

with the same accumulated total emissions, priority shall be given to the 

application which was deemed complete earliest. 

5. Applications that do not receive community bank credits initially may be held for 

consideration one additional calendar quarter. If community bank credits are not 

received during the second quarter, the applicant may refile the application at a 

later date or may obtain offsets from Emission Reduction Credit's banked 

pursuant to Rule 211. 

6. If an essential public service does not receive community bank credits during the 

initial calendar quarter in which credits were requested, the application shall be 

held until such credits are received. 

7. Essential public services may, at the discretion of the APCO, reserve community 

bank credits for up to three years to allow multi-year projects to be planned. The 

sum of such reservations shall not exceed 10 percent of each calendar quarter 

allocation for the community bank for those three years. The credits are 

accumulated quarterly and the Authority to Construct shall not be issued until all 

needed credits are obtained. 

8. During any calendar quarter for which there are fewer requests for community 

bank credits than are available from the calendar quarter allocation, the unused 

credits shall be made available for use the following calendar quarter. 

9. Community bank credits obtained from the Community Bank shall not be banked 

or transferred. 

10. Community emission reduction credits shall be returned to the community bank 

under the following conditions: 

a. Construction has not started prior to the expiration of an Authority to 

Construct. In this case all community emission reduction credits which 

were granted to obtain the Authority to Construct shall be returned. 

b. The voluntary surrender or the revocation of an Authority to Construct or 

Permit to Operate. In this case all community emission reduction credits 

which were granted to obtain the Authority to Construct or Permit to 

Operate shall be returned. 
San Luis Obispo County APCD 212-4 8/10/93

E. LIMITATIONS ON THE USAGE OF COMMUNITY BANK CREDITS 

1. Community bank credits which result from the shutdown of an emission unit, or a 

reduction in throughput for an emission unit, shall not be used as offsets at a 

essential public service where the potential to emit would exceed the 100 tons per 

year for either NOx or ROG. 

2. All modified emission units shall be required to comply with applicable district 

BACT requirements prior to being allowed access to Community Bank Credits. 

3. If an applicant holds any emission reduction credits, access to the community 

bank shall not be allowed unless the applicant is proposing to provide such credits 

as offsets in the same permitting action where access to the community bank is 

proposed. 

F. RECORDKEEPING REQUIREMENTS 

1. Any stationary source that has been granted community bank emission reduction 

credits shall maintain records showing the cumulative amount of all community 

bank credits granted from or returned to the community bank. 

2. The District shall maintain records showing any stationary source which has been 

granted community bank credits and the amount of such credit granted from and 

returned to the community bank. 

G. ADMINISTRATIVE REQUIREMENTS 

1. Emission reductions proposed for deposit in the Community Bank shall be 

calculated in accordance with procedures established in Rule 213. 

H. FEES 

The fees for using the community bank shall be the same as those in Rule 306.