United States Environmental Protection Agency

Region IX Air Division

Technical Support Document

for 

EPA’s Rulemaking

for the

San Luis Obispo County Air Pollution Control District 

Rule 222, Emission Statement 

Prepared by: Arnold Lazarus

Reviewed by: Andrew Steckel

March 2015
-2-

AGENCY: San Luis Obispo County Air Pollution Control District

(SLOCAPCD)

SIP Approved Rule: Not Applicable

Superseded Submittals: None

Subject of this TSD: Rule 222, Emission Statement 

Amended – August 10, 2010

Submitted – November 6, 2014 

BACKGROUND

Federal Clean Air Act (CAA) Section 182(a)(3)(B)(i) requires ozone 

nonattainment areas (regardless of classification) to require certified emission 

statement data from sources of volatile organic compounds (VOC) and oxides of 

nitrogen (NOx). Emission statements should be submitted by November 15, 1993 

and annually thereafter. CAA Section 182(a)(3)(B)(ii) allows states to waive the 

requirement for emission statements for classes or categories of sources with 

less than 25 tons per year (tpy) of actual plant-wide NOx or VOC emissions if the 

State provides an inventory of emissions from the class or category based on the 

use of emission factors established by EPA or other methods acceptable to EPA. 

Emission Statements are intended to help the state report and analyze ambient 

air emissions. The CAA also requires states to periodically compile and report a 

comprehensive, accurate and current inventory of all air contaminant sources.

RULE SUMMARY

Rule 222 requires the owner or operator of any stationary source permitted by 

the District with actual or potential emissions over 25 tpy to provide an annual 

statement of actual emissions or operational data so that the District can 

calculate emissions. The emission statement must be in a format specified by 

the Air Pollution Control Officer (APCO) and must include the following 

information: operational data necessary to compute actual emissions for the prior 

calendar year, information regarding diurnal or seasonal peaks in emissions, and 

certification by a responsible official that the statement is accurate. Failure to 

submit may result in the suspension of the source’s permit(s).

EPA EVALUATION

The following criteria were used to evaluate the submitted rule:

1. CAA Requirements: Section 182 (a)(3)(B) and EPA’s draft 

“Guidance on the Implementation of an Emission Statement 

Program,” July 1992. 
 

2. Enforceability: The Bluebook (Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and Deviations, EPA, May 25, 1988) and 

the Little Bluebook (Guidance Document for Correcting Common 

VOC & Other Rule Deficiencies, EPA Region 9, August 21, 2001) 

were used to help evaluate compliance with the CAA Section 

110(a)(2)(A) requirement for enforceability. 

The submitted rule complies with the requirements found in CAA Section 

182(a)(3)(B). The rule will have no direct effect on air pollution emissions 

although it may help improve compliance and enforceability of emission control 

requirements in other SLOCAPCD rules.

The rule requires that the emission statements contain all of the information found 

in the District’s Renewal Information Request. The CAA does not provide 

formatting requirements or specify timing beyond that reports must be submitted 

annually, and deference is given to the State to assure that all information needed 

to meet Federal reporting requirements is requested. To ensure consistency and 

accuracy of reporting, however, we recommend further details be included within 

the rule as described in “Additional Recommendations for the Next Rule Revision” 

below.

The rule requirements are clear and enforceable consistent with CAA Section 

110(a)(2)(A).

ADDITIONAL RECOMMENDATIONS FOR THE NEXT RULE REVISION

The following revisions are not currently the basis for rule disapproval, but are 

recommended as improvements the next time the rule is revised.

1. To ensure clarity, please include a “Definition” section or a 

reference for definitions for terms used in Rule 222.

2. To ensure clarity and consistency in how emission estimates are 

generated, we recommend that future revisions to the rule include a 

list of minimum data elements required in emission statements as 

described in section 2.26, 2.27, and 2.28 of the guidance document 

“Guidance on the Implementation of an Emission Statement

Program,” July 1992 .

EPA ACTION

EPA staff recommends approval of SLOCAPCD Rule 222, Emission Statement 

under section 110(k) as meeting the requirements of section 110(a) and Part D of 

the Clean Air Act, as amended in 1990. 

REFERENCES
1. “Issues Relating to VOC Regulation, Cutpoints, Deficiencies, and 

Deviations (the “Blue Book”, U.S. EPA, OAQPS, May 25, 1988.

2. EPA’s draft “Guidance on the Implementation of an Emission 

Statement Program,” Dated July 1992.