Eastern Kern Air Pollution Control District 

Rule 202 

PERMIT EXEMPTIONS 

FINAL STAFF REPORT 

January 13, 2011 

Prepared by 

Jeremiah Cravens 

Air Quality Specialist 

Reviewed by 

David L. Jones 

Air Pollution Control Officer

Glen Stephens 

Senior Air Quality Engineer 

Eastern Kern Air Pollution Control District 

2700 “M” Street, Suite 302 

Bakersfield, California 93301 

(661) 862-5250  www.kernair.org 
Table of Contents

I. BOARD ADOPTION........................................................................ 1 

II. INTRODUCTION............................................................................. 1 

III. (CH & SC) EXEMPTIONS............................................................... 1 

IV. ADDITIONAL EXEMPTIONS .......................................................... 1 

V. COMBUSTION EQUIPMENT.......................................................... 2 

VI. VEHICLES ...................................................................................... 2 

VII. FOOD PROCESSING EQUIPMENT............................................... 2 

VIII. LIQUID STORAGE VESSELS ........................................................ 2 

IX. LOADING RACKS AND EQUIPMENT............................................ 3 

X. AGRICULTURAL SOURCES.......................................................... 3 

XI. AFFECTED POLLUTANTS............................................................. 4 

XII. MISCELLANEOUS EXEMPTIONS ................................................. 5 

XIII. LOW EMITTING UNIT .................................................................... 5 

XIV. CHANGES IN EMISSIONS LIMITS ................................................ 6 

XV. TEMPORARY SOURCE OPERATION ........................................... 6 

XVI. PERMITTING OTHERWISE EXEMPT EQUIPMENT ..................... 7 

XVII. RECORDKEEPING......................................................................... 7 

XVIII. ECONOMIC IMPACTS ................................................................... 8 

XIX. SOCIOECONOMIC IMPACTS ........................................................ 8 

XX. ENVIRONMENTAL IMPACTS ........................................................ 8 

APPENDIX A AMENDED RULE 202, PERMIT EXEMPTIONS 

 CLEAN VERSION 

APPENDIX B AMENDED RULE 202 PERMIT EXEMPTIONS 

STRIKEOUT UNDERLINE VERSION 

APPENDIX C RESPONSE TO COMMENTS
202 Staff Report 

I. BOARD ADOPTION 

Rule 202, Permit Exemptions was amended by the Eastern Kern Air Pollution 

Control District’s Governing Board on January 13, 2011 at the January 2011 

Board meeting. 

II. INTRODUCTION 

 

This staff report presents the amendments made to Rule 202 Permit Exemptions 

following the October 28, 2009 workshop and the October 14, 2010 workshop. 

 

Reasons for amending Rule 202 include: updating and clarifying the provisions of 

Section I, California Health and Safety Code (CH & SC) Exemptions which 

includes revisions to Sections I.A, I.B, I.C, and I.D; updating and clarifying the 

provisions of Section II, Additional Exemptions; expand and clarify Sections II.A., 

Combustion Equipment; II.B, Locomotives, Airplanes, and Watercraft; II.E, Food 

Processing Equipment; II.G, Liquid Storage Vessels; II.H, Loading Racks and 

Equipment; refine Section II.L, Miscellaneous; III, Provisions for Permitting 

Otherwise Exempt Source Operation; adding Sections II.K, Agricultural Sources, 

II.M, Low Emitting Unit, and II.N, Temporary Source Operation; and expanding 

the requirements of Section IV, Recordkeeping. 

III. (CH & SC) EXEMPTIONS 

Section I, California Health and Safety Code (CH & SC) Exemptions has been 

revised from: Neither an Authority to Construct nor a Permit to Operate shall be 

required for the following;

To: An Authority to Construct (ATC) or a Permit to Operate (PTO) shall not be 

required for the following unless an ATC or PTO is required pursuant to Section 

III.A of this Rule:

Sections I.A, I.B, I.C, and I.D have minor language changes to aid in clarity and 

to maintain consistency with terms used in the CH & SC. 

IV. ADDITIONAL EXEMPTIONS 

Section II, Additional Exemptions has been revised from: Neither an Authority to 

Construct nor a Permit to Operate shall be required for the following unless a 

written permit is specifically requested by the owner/operator; 

To: An Authority to Construct or a Permit to Operate shall not be required for the 

following unless a written permit is specifically requested by the owner/operator 

or an ATC or PTO is required pursuant to Section III of this Rule. 

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V. COMBUSTION EQUIPMENT 

Section II.A.2 proposed the following language change in the 10/16/09 strikeout 

revision of the rule: “50 bhp or less” was changed to “less than 50 bhp”. The 

10/11/10 proposed revision of Rule 202 has reverted back to “50 bhp or less”. 

The terms “ISO” and “Standard Day Conditions” have been deleted from Section 

II.A.3, because only the term “Standard Conditions” is defined in District Rule 

102. Section II.A.3 revised language is as follows: 

Gas turbine engines with a maximum heat input rating of 3,000,000 Btu per hour 

or less at Standard Conditions as defined in Rule 102, Definitions. 

VI. VEHICLES 

The title of Section II.B, Vehicles has been changed to Locomotives, Airplanes, 

and Watercraft.

VII. FOOD PROCESSING EQUIPMENT 

Minor language changes have been made in Section II.E, Food Processing 

Equipment, which include changing the term “Bakery oven with total production” 

in Subsection II.E.2 to: “Ovens used in bakeries producing” and the word 

“smokehouses” to “smokehouse” in Subsection II.E.3. 

The following exemption for a non-chain driven commercial BBQ grill has also 

been added to Section II.E: Non-chain driven commercial use BBQ grill 20 

square feet or less. 

VIII. LIQUID STORAGE VESSELS 

Language in Section II.G, Liquid Storage Vessels has been revised to clarify that 

military grade JP-8 is exempt from permit requirements. Section II.G also 

contains expanded definitions and has been reformatted to aid in clarity. 

Language for Section II.G is as follows: 

Containers, reservoirs, or tanks used exclusively for:

1. Storage of JP-8, NATO F-34, NATO F-35, and JP-8+100 engine fuels as 

defined in military specification number MIL-DTL-83133

2. Storage of unheated organic material with a capacity of 250 gallons or less;

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3. Storage of unheated organic material not used as a fuel with an initial 

boiling point of 150̊ C (302̊ F) or greater as measured by test method ASTM 

D-86;

4. Storage of organic liquids as measured by test method API 2547 or ASTM 

D-1298-80 that include:

a. Storage of petroleum distillates used as engine fuel with 0.8251 specific 

gravity or higher (40̊ API or lower) and with a capacity of 19,800 gallon 

(471 bbls) or less;

b. Storage of unrefined oil with specific gravity of 0.8762 or higher (30̊ API 

or lower) and with a capacity of 100 bbl or less;

c. Storage of fuel oils or non-air-blown asphalt with 0.9042 specific gravity 

or higher (25̊ API or lower).

5. Storage of refined lubricating oils and greases;

6. Storage of liquefied gases in unvented (except for emergency relief) 

pressure vessels; and

7. Transporting of liquids on streets or highways.

IX. LOADING RACKS AND EQUIPMENT 

Minor language changes have been made to Section II.H, Loading Racks and 

Equipment to add clarity to the exemption. 

X. AGRICULTURAL SOURCES 

Because a portion of the District was designated federal non-attainment for 

ozone on January 1, 2004, the District must develop, adopt, implement, and 

submit to the SIP an agricultural rule pursuant to H&S Code section 40724.6. At 

the request of ARB, Section II.K, Agricultural Sources has been added to Rule 

202. Proposed language for Section II.K is as follows: 

An Agricultural Facility or Confined Animal Facility (CAF) (as defined in Rule 102, 

Definitions) that meets all of the following requirements:

1. Actual emissions are less than one-half the Major Source thresholds as 

defined in District Rule 201.1, Permits to Operate for Sources Subject to 

Title V of the Federal Clean Air Act Amendments of 1990, Section II.U; and

2. Houses quantities of each class of animal less than:

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1,000 milk-producing dairy cows;

2,500 horses;

3,000 swine;

3,500 beef cattle;

7,500 calves, heifers, or other cattle;

15,000 sheep, lambs, or goats;

30,000 rabbits or other animals not in this list;

100,000 turkeys;

650,000 chickens other than laying hens;

650,000 laying hens;

650,000 ducks.

XI. AFFECTED POLLUTANTS 

Various District rules list either Affected Pollutants or Air Contaminants as being 

regulated. The District realized this could produce varying interpretations of what 

is regulated under District rules and create potential problems in developing 

future Greenhouse Gas (GHG) Regulations. In an effort to add clarity and 

uniformity to District rules, the District revised Affected Pollutants in Rule 102, 

Definitions to include Air Contaminants that are regulated, either by the Clean Air 

Act, state, or District. GHGs have been excluded from the revised definition of 

Affected Pollutants because they will be addressed separately in future District 

rules. The District intends to review all rules that list the term Air Contaminants as 

the regulated substance and evaluate the necessity of revising the term to 

Affected Pollutants. 

The District was asked to clarify the intent and interpretation of the terms 

Affected Pollutants and Air Contaminants. Although the term Air Contaminants

includes any discharge, release, or other propagation into the atmosphere 

directly or, or indirectly, caused by man, the District is primarily concerned with 

air contaminants and precursors to such contaminants regulated under the Clean 

Air Act or by the state. Substances not regulated under the Clean Air Act or by 

the state but have potential to produce significant adverse effects on the 

environment, public health, or public welfare when used in certain conditions may 

also be considered by the District to be subject to District control requirements 

and/or permitting. 

An example of such a substance is Iodine (I2) crystal handling. Iodine readily 

volatilizes from the crystals to a violet gas at room temperature. Inhalation of 

Iodine vapor at low levels of exposure is extremely irritating to the respiratory 

track and can cause tightness in the chest and throat; airflow resistance in the 

lungs; spasm, inflammation, and fluid accumulation in the voice box, upper air 

ways, and lungs. Symptoms may include coughing, wheezing, laryngitis, and 

shortness in breath. Although Iodine vapor is not regulated under the Clean Air 

Act or by the state, it has been determined by the District to be subject to District 

control and requires a permit in specific operations at levels well below 2 pounds 

per day in order to prevent release to the atmosphere. 

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XII. MISCELLANEOUS EXEMPTIONS 

A portion of Section II.L, Miscellaneous has been moved to Section II.M, Low 

Emitting Unit. The remaining information in Section II.L been condensed into the 

following four exemptions: 

1. Brazing, soldering, or welding equipment. This exemption applies to 

conventional brazing, soldering, or welding operations only; any internal 

combustion engine or other equipment associated with these source 

operations that would otherwise require permits is not exempt; 

2. Equipment used exclusively to compress or hold dry natural gas; any engine 

or other equipment associated with such source operations otherwise 

requiring permits is not exempt; 

3. Unvented (except for emergency pressure relief) pressure vessels associated 

with a source operation exempt from permit; and 

4. Comfort air conditioning or comfort ventilating systems not designed to 

remove air contaminants generated by or released from a source operation. 

XIII. LOW EMITTING UNIT 

In the October 16, 2009 proposed revision of Rule 202, Section II.M, Low 

Emitting Unit was located in Section II.L and titled Low Emitting Unit Not Emitting 

Toxic Air Contaminants (TAC). As requested by the EPA, “Not Emitting Toxic Air 

Contaminants (TAC)” was removed from the title of this exemption and “(PM10, 

SOx, NOx, VOC and CO)” was omitted from the description. 

The requirements and language of Section II.M, Low Emitting Unit have also 

been revised to reflect comments and suggested changes the District received 

from ARB, EPA, and industry following the October 28, 2009 workshop. 

The revised language and requirements for Section II.N, Low Emitting Unit is as 

follows: 

A source operation that meets the emission limits specified in either Subsection 1 

or 2 of this section and complies with Section IV, Recordkeeping of this rule.

1. A source operation with a potential to emit any uncontrolled affected pollutant 

at a rate of less than or equal to 2 pounds in any 24-hour period. 

2. A source operation with a potential to emit uncontrolled Oxides of Nitrogen 

(NOx) or Volatile Organic Compounds (VOCs) at a rate of less than or equal 

to10 pounds in any 24-hour period and less than or equal to 180 pounds in 

any calendar year.

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XIV. CHANGES IN EMISSIONS LIMITS 

Table 1 reflects the proposed changes in source operation emissions limits in 

Rule 202. 

Table 1 

Emissions 

Limits PM10 SOx NOx VOC CO

Old Limit 

Subject to 

Rule 301

2 lbs/day 2 lbs/day 

10 lbs/day or 

180 lbs/qtr 

< 45 days/year 

10 lbs/day or 

180 lbs/qtr 

< 45 days/year 

2 lbs/day 

Proposed 

New Limit 

< 2 lbs/24hrs & 

Recordkeeping 

< 2 lbs/24hrs & 

Recordkeeping 

< 2 lbs/24hrs or 

< 10 lbs/24hrs & 

< 180 lbs/Year &

Recordkeeping 

 < 2 lbs/24hrs or 

 < 10 lbs/24hrs & 

 < 180 lbs/Year & 

 Recordkeeping 

< 2 lbs/24hrs & 

Recordkeeping 

XV. TEMPORARY SOURCE OPERATION 

Section II.N, Temporary Source Operation replaced Sections II.K.5, II.K.6, and 

II.K.7. In the October 16, 2009 proposed revision of the Rule, Section II.N, 

Temporary Source Operation was Section II.M, Temporary Emissions Unit. The 

exemption requirements for Temporary Emissions Unit were as follows: 

Any non-reoccurring temporary piece of equipment with operation not to exceed 

30 days and emitting less than 500 pounds of PM10, SOx, NOx, VOC or CO and 

emits de minimis TAC (as defined by California Office of Environmental Health 

Hazard Assessment). 

Following the October 28, 2009 workshop Section II.M, Temporary Emissions 

Unit was moved to Section II.N and its title was changed to Temporary Source 

Operation. Language for Section II.N, Temporary Source Operation is as follows: 

Any source operation, as defined in Rule 102, Definitions that has not occurred in 

the previous 2 calendar years, will operate for less than 12 consecutive months, 

and expected to emit less than 500 pounds of affected pollutants during the 

operation period.

Any source seeking Temporary Source Operation exemption must comply with 

provisions 1 and 2 of this section.

1. An application and filing fee in accordance with District Rule 301 shall be 

submitted to the Control Officer to qualify for the exemption listed in this 

section. Additionally, application shall be subject to application processing 

and priority processing fees as stated in Rule 303. Such application shall 

include: identification of source operation, documentation of expected 

emissions, and proposed form and location of records to be used to verify 

qualification for exemption. Such requests shall be acted upon by the District 

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within 30 days. Each request for reapplication shall be accompanied by filing 

fee in accordance with District Rule 301; and

2. Sufficient records verifying compliance with Temporary Source Operation

limits shall be collected and maintained in accordance with Section IV.A 

(Recordkeeping) of this rule. 

XVI. PERMITTING OTHERWISE EXEMPT EQUIPMENT 

The title of Section III has been changed from Provisions for Permitting 

Otherwise Exempt Equipment to Provisions for Permitting Otherwise Exempt 

Source Operation. Section III also has minor language corrections to add clarity 

to its intent. 

XVII. RECORDKEEPING 

Following the October 2009 workshop, the ARB and EPA suggested that the 

District elaborate on the recordkeeping criteria of Section IV, Recordkeeping. The 

District expanded Section IV, Recordkeeping in the September 2, 2010 proposed 

revision. ARB and EPA believed that the proposed requirements in the 9/2/10 

revision would become burdensome for many Sources and suggested that the 

District broaden the requirements. Based upon ARB and EPA comments, the 

proposed revision to Section IV, Recordkeeping has been expanded to include 

the following language and requirements: 

A. Recordkeeping shall be required to verify or maintain any exemption if such 

exemption is based on a maximum emission limitation or is a provision of a 

specific section of this rule. Such records may include but are not limited to: 

number of days of source operation, type(s) of affected pollutant emitted in 

pounds per day, Material Safety Data Sheets, product data sheets, 

specification sheets, purchase records, VOC content data for coatings, 

emission factors used for calculations, and any other pertinent information.

B. Source operation that qualifies as Low Emitting Unit in accordance with 

Section II.M.1 of this rule may satisfy the recordkeeping provision by 

maintaining records for the source operation sufficient to demonstrate 

uncontrolled emissions of any affected pollutant do not exceed 2 pounds for 

24-hour period of maximum operation for the calendar year. 

C. Source operation that qualifies as Low Emitting Unit in accordance with 

Section II.M.2 of this rule may satisfy the recordkeeping provision by:

1. Maintaining records for the source operation sufficient to demonstrate 

uncontrolled emissions of NOx and VOC do not exceed 10 pounds in any 

24-hour period of maximum operation for the calendar year; and 

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EKAPCD 8 Final 1/13/2011 

2. Maintaining records to demonstrate emissions of NOx and VOC do not 

exceed 180 pounds in the calendar year: and

3. Maintaining records for the source operation sufficient to demonstrate 

uncontrolled emissions of any affected pollutant other than NOx and VOC 

do not exceed 2 pounds for 24-hour period of maximum operation for the 

calendar year. 

D. Such records shall be maintained on-site for at least 3 years (Title V sources 

must retain records for 5 years), and shall be submitted to District Staff upon 

District’s request.

XVIII. ECONOMIC IMPACT 

Amended Rule 202, Permit Exemptions poses no significant increased cost to 

industry. 

XIX. SOCIOECONOMIC IMPACTS 

CH & SC Section 40728.5 exempts districts with a population of less than 

500,000 persons from the requirement to assess the socioeconomic impacts of 

proposed rules. Eastern Kern County population is below 500,000 persons. 

XX. ENVIRONMENTAL IMPACTS 

No significant environmental impacts are expected as a result of this proposed 

amendment. Pursuant to the Section 15061, Subsections (2) & (3) of the 

California Environmental Quality Act (CEQA) Guidelines, staff has prepared and 

filed a Notice of Exemption for this project. 

Remainder of Page Intentionally Left Blank 
APPENDIX A 

AMENDED RULE 202 PERMIT EXEMPTIONS 
202 Staff Report – Amended Rule Appendix A 

RULE 202 Permit Exemptions - Adopted 4/18/72, Amended 3/19/74, 12/17/74, 6/30/80, 

12/15/80, 4/25/83, 11/18/85, 8/22/89, 4/30/90, 8/19/91, 5/2/96, 1/8/98, 3/13/03, 

1/8/04, 1/13/2011 

I. California Health and Safety Code (CH & SC) Exemptions

An Authority to Construct (ATC) or a Permit to Operate (PTO) shall not be required for the 

following unless an ATC or PTO is required pursuant to Section III.A of this Rule: 

A. Any structure designed for and used exclusively as a dwelling for not more than four 

families and any incinerator used exclusively in connection with such structure (CH 

& SC, Sections 42310(a) (1) and (3)); 

B. Any Vehicle as defined in Rule 102, but not including any source operation mounted 

on such vehicle that would otherwise require a permit under provisions of the District 

Rules and Regulations (CH & SC, Section 42310 (a)(1); 

C. Repairs or maintenance not involving structural changes to any source operation with 

a Permit to Operate (CH & SC, Section 42310(a) (5)); and 

D. Portable engines and/or equipment associated with such engines qualifying for and in 

compliance with CARB's statewide registration system (CH & SC, Section 41753). 

II. Additional Exemptions

An ATC or a PTO shall not be required for the following unless a written permit is 

specifically requested by the owner/operator or an ATC or PTO is required pursuant to 

Section III of this Rule: 

A. Combustion Equipment: 

1. Steam generators, steam superheaters, water boilers, water heaters, steam 

cleaners, and closed heat transfer systems with a total burner(s) maximum input 

heat rating of less than 5,000,000 Btu per hour (gross) and equipped to be fired 

exclusively with natural gas, liquefied petroleum gas, or any combination 

thereof, provided the fuel contains no more than 5 percent by weight 

hydrocarbons heavier than butane (as determined by test method ASTM E-260-

73) and no more than 0.30 grains of total sulfur per 100 standard cubic feet of 

gas (as determined by test method ASTM D-1072-80); 

2. Piston-type internal combustion engines with a manufacturer's maximum 

continuous rating of 50 brake horsepower (bhp) or less; and 

3. Gas turbine engines with a maximum heat input rating of 3,000,000 Btu per 

hour or less at Standard Conditions as defined in Rule 102, Definitions ; and 

4. Natural gas or liquefied petroleum gas fired equipment used exclusively for 

space heating, except boilers. 

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B. Locomotives, Airplanes, and Watercraft: Used to transport passengers or freight. 

This exemption is not intended to apply to equipment used for dredging of waterways 

or to equipment used in pile driving adjacent to or in waterways. 

C. Cooling Towers: Except as required by Rule 429.1, water cooling towers with a 

circulation rate of less than 1,000 gallons/minute and not used for cooling liquids 

containing volatile organic compounds such as process water, water from barometric 

jets, or water from barometric condensers. 

D. Printing and Reproduction Equipment: Printing, coating, or laminating facilities 

using less than 2 gallons per day of graphic arts materials. Graphic arts materials are 

any ink, coating, adhesive, fountain solution, thinner, retarder, or cleaning solution. 

E. Food Processing Equipment: 

1. Mixers and blenders used in bakeries producing edible foodstuffs intended for 

human consumption; 

2. Ovens used in bakeries producing less than 1,000 pounds of product per 

operating day, if exempted by Subsection II.A.1.; or if electrically heated; 

3. Smokehouse used for preparing food with a maximum horizontal inside crosssectional area not exceeding 20 square feet; and

4. Non-chain driven commercial use BBQ grill 20 square feet or less. 

F. Plastic/Rubber Processing Equipment: Source operations used exclusively for 

extruding or compression molding of rubber products or plastics, if no plasticizer or 

blowing agent is present. 

G. Liquid Storage Vessels: Containers, reservoirs, or tanks used exclusively for: 

1. Storage of JP-8, NATO F-34, NATO F-35, and JP-8+100 engine fuels as 

defined in military specification number MIL-DTL-83133; 

2. Storage of unheated organic material with a capacity of 250 gallons or less; 

3. Storage of unheated organic material not used as a fuel with an initial boiling 

point of 150̊C (302̊F) or greater as measured by test method ASTM D-86; 

4. Storage of organic liquids as measured by test method API 2547 or ASTM D1298-80 that include: 

a. Storage of petroleum distillates used as engine fuel with 0.8251 specific 

gravity or higher (40̊ API or lower) and with a capacity of 19,800 gallon 

(471 bbls) or less; 

b. Storage of unrefined oil with specific gravity of 0.8762 or higher (30̊ API or 

lower) and with a capacity of 100 bbl or less; 

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c. Storage of fuel oils or non-air-blown asphalt with 0.9042 specific gravity or 

higher (25̊API or lower). 

5. Storage of refined lubricating oils and greases; 

6. Storage of liquefied gases in unvented (except for emergency relief) pressure 

vessels; and 

7. Transporting of liquids on streets or highways. 

H. Loading Racks and Equipment: Loading racks (as defined in Rule 102) used 

exclusively for transfer of: 

1. Unheated organic materials not used as a fuel with an initial boiling point of 150̊

C (302̊F) or greater as measured by test method ASTM D-86; 

2. Petroleum distillates with 0.8251 specific gravity or higher (40̊API or lower) as 

measured by test method API 2547 or ASTM D-1298-80; 

3 Unrefined oil, asphalt, or residual oil from tanks not requiring permits in 

accordance with this Rule; 

4. Unrefined oil with 0.8762 specific gravity or higher (30̊ API or lower) as 

measured by test method API 2547 or ASTM D-1298-80; 

5. Unrefined oil, asphalt, or residual oil from a delivery vehicle if loading 

equipment is attached to such vehicle; and 

6. Refined lubricating oil. 

I. Surface Coating and Solvent Cleaning Operations: 

1. Equipment used for application of architectural surface coatings. Architectural 

surface coating is defined as any coating applied to stationary structures and 

their appurtenances, to mobile homes, to pavements, or to curbs; and 

2. Unheated, nonconveyorized cleaning equipment (not including emission control 

enclosures): 

a. with an open surface area of 10.0 ft2 or less, and internal volume of 92.5 

gallons or less; 

b. using only organic solvents with an initial boiling point of 120̊C (248̊F) or 

greater as determined by ASTM 1078-78; and 

c. located at a stationary source losing less than 25 gallons of solvent per year 

to the atmosphere from all such equipment at the stationary source. Solvent 

lost shall not include solvent recycled or disposed of properly. Any person 

claiming exemption pursuant to this subsection shall maintain adequate 

monthly records to document his exempt status. 

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J. Abrasive Blasting Equipment: 

1. Blast cleaning cabinets in which a suspension of abrasive in water is used; 

2. Any manually-operated abrasive blast cabinet, vented to a dust-filter, where the 

total internal volume of the blast section is 50 cubic feet or less; 

3. Enclosed equipment used exclusively for shot blast removal of flashing from 

rubber and plastics at sub-zero temperatures; 

4. Shot peening operations, provided no surface material is removed; and 

5. Portable sand/water blaster equipment and associated piston type internal 

combustion engine, provided water in the mixture is maintained at 66% or more 

by volume during operation of such equipment. Piston type internal combustion 

engines must be exempt pursuant to Subsection II.A.2. 

K. Agricultural Sources: An Agricultural Facility or Confined Animal Facility (CAF) (as 

defined in Rule 102, Definitions) that meets all of the following requirements: 

1. Actual emissions are less than one-half the Major Source thresholds as defined 

in District Rule 201.1, Permits to Operate for Sources Subject to Title V of the 

Federal Clean Air Act Amendments of 1990, Section II.U; and 

2. Houses quantities of each class of animal less than: 

1,000 milk-producing dairy cows; 

2,500 horses; 

3,000 swine; 

3,500 beef cattle; 

7,500 calves, heifers, or other cattle; 

15,000 sheep, lambs, or goats; 

30,000 rabbits or other animals not in this list; 

100,000 turkeys; 

650,000 chickens other than laying hens; 

650,000 laying hens; 

650,000 ducks. 

L. Miscellaneous: 

1. Brazing, soldering, or welding equipment. This exemption applies to 

conventional brazing, soldering, or welding operations only; any internal 

combustion engine or other equipment associated with these source operations 

that would otherwise require permits is not exempt; 

2. Equipment used exclusively to compress or hold dry natural gas; any engine or 

other equipment associated with such source operation otherwise requiring 

permits is not exempt; 

3. Unvented (except for emergency pressure relief) pressure vessels associated 

with a source operation exempt from permit; and 

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4. Comfort air conditioning or comfort ventilating systems not designed to remove 

air contaminants generated by or released from a source operation. 

M. Low Emitting Unit: A source operation that meets the emission limits specified in 

either Subsection 1 or 2 of this section and complies with Section IV, Recordkeeping

of this rule. 

1. A source operation with a potential to emit any uncontrolled affected pollutant at 

a rate of less than or equal to 2 pounds in any 24-hour period. 

2. A source operation with a potential to emit uncontrolled Oxides of Nitrogen 

(NOx) or Volatile Organic Compounds (VOCs) at a rate of less than or equal to10 

pounds in any 24-hour period and less than or equal to 180 pounds in any 

calendar year. 

N. Temporary Source Operation: Any source operation, as defined in Rule 102, 

Definitions that has not occurred in the previous 2 calendar years, will operate for less 

than 12 consecutive months, and expected to emit less than 500 pounds of affected 

pollutants during the operation period. 

Any source seeking Temporary Source Operation exemption must comply with 

provisions 1 and 2 of this section. 

1. An application and filing fee in accordance with District Rule 301 shall be 

submitted to the Control Officer to qualify for the exemption listed in this section. 

Additionally, application shall be subject to application processing and priority 

processing fees as stated in Rule 303. Such application shall include: 

identification of source operation, documentation of expected emissions, and 

proposed form and location of records to be used to verify qualification for 

exemption. Such requests shall be acted upon by the District within 30 days. 

Each request for reapplication shall be accompanied by filing fee in accordance 

with District Rule 301; and 

2. Sufficient records verifying compliance with Temporary Source Operation limits 

shall be collected and maintained in accordance with Section IV.A 

(Recordkeeping) of this rule. 

III. Provisions for Permitting Otherwise Exempt Source Operation 

 Notwithstanding provisions of Sections I and II of this Rule, an Authority to Construct and 

a Permit to Operate may be required for the following source operations: 

A. Those subject to EPA 40 CFR, Part 60, New Source Performance Standards (NSPS), 

EPA 40 CFR, Parts 61 and 63, National Emission Standards for Hazardous Air 

Pollutants (NESHAPS and MACT); or any source specific prohibitory Rule; 

B. Those for which the Control Officer makes a determination a permit shall be required 

because such source operation may not operate in compliance with all District rules 

and regulations, or has the potential to emit hazardous air pollutants in such quantity 

as to pose a significant risk to public health; and 

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202 Staff Report – Amended Rule Appendix A 

EKAPCD A-6 Final 1/13/2011 

C. Those proposed as part of soil or groundwater remediation projects. 

IV. Recordkeeping

A. Recordkeeping shall be required to verify or maintain any exemption if such 

exemption is based on a maximum emission limitation or is a provision of a specific 

section of this rule. Such records may include but are not limited to: number of days 

of source operation, type(s) of affected pollutant emitted in pounds per day, Material 

Safety Data Sheets, product data sheets, specification sheets, purchase records, VOC 

content data for coatings, emission factors used for calculations, and any other 

pertinent information. 

B. Source operation that qualifies as Low Emitting Unit in accordance with Section 

II.M.1 of this rule may satisfy the recordkeeping provision by maintaining records for 

the source operation sufficient to demonstrate uncontrolled emissions of any affected 

pollutant do not exceed 2 pounds for 24-hour period of maximum operation for the 

calendar year. 

C. Source operation that qualifies as Low Emitting Unit in accordance with Section 

II.M.2 of this rule may satisfy the recordkeeping provision by: 

1. Maintaining records for the source operation sufficient to demonstrate 

uncontrolled emissions of NOx and VOC do not exceed 10 pounds in any 24-hour 

period of maximum operation for the calendar year; and 

2. Maintaining records to demonstrate emissions of NOx and VOC do not exceed 

180 pounds in the calendar year: and 

3. Maintaining records for the source operation sufficient to demonstrate 

uncontrolled emissions of any affected pollutant other than NOx and VOC do not 

exceed 2 pounds for 24-hour period of maximum operation for the calendar year. 

D. Such records shall be maintained on-site for at least 3 years (Title V sources must 

retain records for 5 years), and shall be submitted to District Staff upon District’s 

request. 

Remainder of Page Intentionally Left Blank 
APPENDIX B 

AMENDED RULE 202 PERMIT EXEMPTIONS 

STRIKEOUT UNDERLINE 
202 Staff Report – Strikeout Underline Appendix B

EKAPCD B-2 Final 1/13/2011 

RULE 202 Permit Exemptions - Adopted 4/18/72, Amended 3/19/74, 12/17/74, 6/30/80, 

12/15/80, 4/25/83, 11/18/85, 8/22/89, 4/30/90, 8/19/91, 5/2/96, 1/8/98, 3/13/03, 

1/8/04, 1/13/2011

I. California Health and Safety Code (CH & SC) Exemptions:

Neither anAn Authority to Construct (ATC) nor a Permit to Operate (PTO) shall not be 

required for the following unless an ATC or PTO is required pursuant to Section III.A of 

this Rule: 

A. Any structure designed for and used exclusively as a dwelling for not more than four 

families and any incinerator used exclusively in connection with such structure (CH 

& SC, Sections 42310(ba) (1) and (c3)); 

B. Motor vehicles Any Vehicle as defined in Rule 102 by the Vehicle Code of the State 

of California (CVC, Section 415 (a)), but not including any source operation mounted 

on such vehicle that would otherwise require a permit under provisions of the District 

Rules and Regulations (CH & SC, Section 42310 (a)(1); 

C. Repairs or maintenance not involving structural changes to any source operation with 

a Permit to Operate (CH & SC, Section 42310(fa) (5)); and 

D. Portable engines and/or equipment associated with such engines qualifying for and 

complying in compliance with CARB's statewide registration system (CH & SC, 

Section 41753). 

II. Additional Exemptions

Neither anAn Authority to ConstructATC nor a Permit to OperatePTO shall not be required 

for the following unless a written permit is specifically requested by the owner/operator: or 

an ATC or PTO is required pursuant to Section III of this Rule:

A. Combustion Equipment: 

1. Steam generators, steam superheaters, water boilers, water heaters, steam 

cleaners, and closed heat transfer systems with a total burner(s) maximum input 

heat rating of less than 5,000,000 Btu per hour (gross) and equipped to be fired 

exclusively with natural gas, liquefied petroleum gas, or any combination 

thereof, provided the fuel contains no more than 5 percent by weight 

hydrocarbons heavier than butane (as determined by test method ASTM E-260-

73) and no more than 0.30 grains of total sulfur per 100 standard cubic feet of 

gas (as determined by test method ASTM D-1072-80); 

2. Piston-type internal combustion engines with a manufacturer's maximum 

continuous rating of 50 brake horsepower (bhp) or less; and 

3. Gas turbine engines with a maximum heat input rating of 3,000,000 Btu per 

hour or less at ISO Standard Day Conditions as defined in Rule 102,

Definitions. ; and
202 Staff Report – Strikeout Underline Appendix B

EKAPCD B-3 Final 1/13/2011 

4. Natural gas or liquefiedliquified petroleum gas fired equipment used exclusively 

for space heating, except boilers. 

B. Vehicles: Locomotives, airplanesAirplanes, and watercraftWatercraft: used Used to 

transport passengers or freight. This exemption is not intended to apply to equipment 

used for dredging of waterways or to equipment used in pile driving adjacent to or in 

waterways. 

C. Cooling Towers: Except as required by Rule 429.1, water cooling towers with a 

circulation rate of less than 1,000 gallons/minute and not used for cooling liquids 

containing volatile organic compounds such as process water, water from barometric 

jets, or water from barometric condensers. 

D. Printing and Reproduction Equipment: Printing, coating, or laminating facilities 

using less than 2 gallons per day of graphic arts materials. Graphic arts materials are 

any ink, coating, adhesive, fountain solution, thinner, retarder, or cleaning solution. 

E. Food Processing Equipment: 

1. Mixers and blenders used in bakeries producing edible foodstuffs intended for 

human consumption; 

2. Ovens used in Bakery bakeries oven with total productionproducing less than 

1,000 pounds of product per operating day, if exempted by Subsection II.A.1.; 

or if electrically heated; 

3. Smokehouses used for preparing food with a maximum horizontal inside crosssectional area not exceeding 20 square feet; and.

4. Non-chain driven commercial use BBQ grill 20 square feet or less. 

F. Plastic/Rubber Processing Equipment: Source operations used exclusively for 

extruding or compression molding of rubber products or plastics, if no plasticizer or 

blowing agent is present. 

G. Liquid Storage Vessels: Containers, reservoirs, or tanks used exclusively for: 

1. Storage of JP-8, NATO F-34, NATO F-35, and JP-8+100 engine fuels as 

defined in military specification number MIL-DTL-83133;

2. Storage of unheated organic material with a capacity of 250 gallons or less;

1. Storage of oil with specific gravity of 0.8762 or higher (30̊ API or lower) as 

measured by test method API 2547 or ASTM D-1298-80 and with a capacity of 

100 bbl or less;

2. Storage of unheated organic material with a capacity of 250 gallons or less;
202 Staff Report – Strikeout Underline Appendix B

EKAPCD B-4 Final 1/13/2011 

3. Storage of unheated organic material not used as a fuel with an initial boiling 

point of 150̊C (302̊F) or greater as measured by test method ASTM D-86; 

4. Storage of fuel oils or non-air-blown asphalt with 0.9042 specific gravity or 

higher (25̊API or lower) organic liquids as measured by test method API 2547 

or ASTM D-1298-80 that include:

a. Storage of petroleum distillates used as engine fuel with 0.8251 specific 

gravity or higher (40̊ API or lower) and with a capacity of 19,800 gallon 

(471 bbls) or less;

b. Storage of unrefined oil with specific gravity of 0.8762 or higher (30̊ API or 

lower) and with a capacity of 100 bbl or less;

c. Storage of fuel oils or non-air-blown asphalt with 0.9042 specific gravity or 

higher (25̊API or lower).

5. Storage of petroleum distillates used as motor fuel with 0.8251 specific gravity 

or higher (40̊ API or lower) as measured by test method API 2547 or ASTM D1298-80 and with a capacity of 19,800 gallon (471 bbls) or less;

5. Storage of refined lubricating oils and greases; 

6. Storage of liquefied gases in unvented (except for emergency relief) pressure 

vessels; and 

7. Transporting of liquids on streets or highways. 

H. Loading Racks and Equipment: Loading racks (as defined in Rule 102) used 

exclusively for transfer of: 

1. Unheated organic materials not used as a fuel with an initial boiling point of 150̊

C (302̊F) or greater as measured by test method ASTM D-86; 

2. Fuel oil Petroleum distillates with 0.8251 specific gravity or higher (40̊API or 

lower) as measured by test method API 2547 or ASTM D-1298-80; 

3 Crude Unrefined oil, asphalt, or residual oil from tanks not requiring permits in 

accordance with this Rule; 

4. Crude Unrefined oil with 0.8762 specific gravity or higher (30̊ API or lower) as 

measured by test method API 2547 or ASTM D-1298-80; 

5. Crude Unrefined oil, asphalt, or residual oil from a delivery vehicle if loading 

equipment is attached to such vehicle; and 

6. Refined lubricating oil. 
202 Staff Report – Strikeout Underline Appendix B

EKAPCD B-5 Final 1/13/2011 

I. Surface Coating and Solvent Cleaning Operations: 

1. Equipment used for application of architectural surface coatings. Architectural 

surface coating is defined as any coating applied to stationary structures and 

their appurtenances, to mobile homes, to pavements, or to curbs; and.

2. Unheated, nonconveyorized cleaning equipment (not including emission control 

enclosures): 

a. with an open surface area of 10.0 ft2 or less, and internal volume of 92.5 

gallons or less; 

b. using only organic solvents with an initial boiling point of 120̊C (248̊F) or 

greater as determined by ASTM 1078-78; and 

c. located at a stationary source losing less than 25 gallons of solvent per year 

to the atmosphere from all such equipment at the stationary source. Solvent 

lost shall not include solvent recycled or disposed of properly. Any person 

claiming exemption pursuant to this subsection shall maintain adequate 

monthly records to document his exempt status. 

J. Abrasive Blasting Equipment: 

1. Blast cleaning cabinets in which a suspension of abrasive in water is used; 

2. Any manually-operated abrasive blast cabinet, vented to a dust-filter, where the 

total internal volume of the blast section is 50 cubic feet or less; 

3. Enclosed equipment used exclusively for shot blast removal of flashing from 

rubber and plastics at sub-zero temperatures; 

4. Shot peening operations, provided no surface material is removed; and 

5. Portable sand/water blaster equipment and associated piston type internal 

combustion engine, provided water in the mixture is maintained at 66% or more 

by volume during operation of such equipment. Piston type internal combustion 

engines must be exempt pursuant to Subsection II.A.2. 

K. Agricultural Sources: An Agricultural Facility or Confined Animal Facility (CAF) (as 

defined in Rule 102, Definitions) that meets all of the following requirements:

1. Actual emissions are less than one-half the Major Source thresholds as defined 

in District Rule 201.1, Permits to Operate for Sources Subject to Title V of the 

Federal Clean Air Act Amendments of 1990, Section II.U; and

2. Houses quantities of each class of animal less than:

1,000 milk-producing dairy cows;

2,500 horses;

3,000 swine;
202 Staff Report – Strikeout Underline Appendix B

EKAPCD B-6 Final 1/13/2011 

3,500 beef cattle;

7,500 calves, heifers, or other cattle;

15,000 sheep, lambs, or goats;

30,000 rabbits or other animals not in this list;

100,000 turkeys;

650,000 chickens other than laying hens;

650,000 laying hens;

650,000 ducks.

KL. Miscellaneous: 

1. Brazing, soldering, or welding equipment. This exemption applies to 

conventional brazing, soldering, or welding operations only; any internal 

combustion engine or other equipment associated with these source operations 

that would otherwise require permits is not exempt;.

2. Equipment used exclusively to compress or hold dry natural gas; any engine or 

other equipment associated with such source operations otherwise requiring 

permits is not exempt;.

3. Unvented (except for emergency pressure relief) pressure vessels associated 

with a source operation exempt from permit; and.

4. Comfort air conditioning or comfort ventilating systems not designed to remove 

air contaminants generated by or released from a source operation. 

To qualify for the following exemptions, an application and $104 filing fee 

shall be submitted to the Control Officer. Such application shall include: 

identification of source operation, documentation of expected emissions and 

proposed form and location of records to be used to verify qualification for 

exemption. Such requests shall be acted upon by the District within 30 days. 

To retain such exemption, the owner of a source operation shall reapply 

biannually. Each request for reapplication shall be accompanied by a $104 

filing fee.

5. Source operation operated at one stationary source for not more than 45 days, 

which is not a replacement for a specific activity which lasts or is intended to 

last for more than 45 days at one stationary source, and which emits less than 

two tons per year of any air contaminant.

6. Any source operation if the uncontrolled emission of any criteria air 

contaminant, except Oxides of Nitrogen and Volatile Organic Compounds, 

cannot exceed 2 pounds in any 24-hour period; or

7. Sources of Oxides of Nitrogen (NOx) or Volatile Organic Compounds (VOC) 

which:

a. cannot emit more than 10 pounds of NOx or VOC uncontrolled in any 24 

hour period,
202 Staff Report – Strikeout Underline Appendix B

EKAPCD B-7 Final 1/13/2011 

b. cannot emit more than 180 pounds of NOx or VOC uncontrolled in any 

quarter, and

c. will not interfere with provisions of the newest adopted ozone Air Quality 

Attainment Plan.

M. Low Emitting Unit: A source operation that meets the emission limits specified in 

either Subsection 1 or 2 of this section and complies with Section IV, Recordkeeping

of this rule.

1. A source operation with a potential to emit any uncontrolled affected pollutant at 

a rate of less than or equal to 2 pounds in any 24-hour period. 

2. A source operation with a potential to emit uncontrolled Oxides of Nitrogen

(NOx) or Volatile Organic Compounds (VOCs) at a rate of less than or equal to10

pounds in any 24-hour period and less than or equal to 180 pounds in any 

calendar year.

N. Temporary Source Operation: Any source operation, as defined in Rule 102, 

Definitions that has not occurred in the previous 2 calendar years, will operate for less 

than 12 consecutive months, and expected to emit less than 500 pounds of affected 

pollutants during the operation period.

Any source seeking Temporary Source Operation exemption must comply with 

provisions 1 and 2 of this section.

1. An application and filing fee in accordance with District Rule 301 shall be 

submitted to the Control Officer to qualify for the exemption listed in this section. 

Additionally, application shall be subject to application processing and priority 

processing fees as stated in Rule 303. Such application shall include: 

identification of source operation, documentation of expected emissions, and 

proposed form and location of records to be used to verify qualification for 

exemption. Such requests shall be acted upon by the District within 30 days. 

Each request for reapplication shall be accompanied by filing fee in accordance 

with District Rule 301; and

2. Sufficient records verifying compliance with Temporary Source Operation limits 

shall be collected and maintained in accordance with Section IV.A 

(Recordkeeping) of this rule. 

III. Provisions for Permitting Otherwise Exempt EquipmentSource Operation 

Notwithstanding provisions of Sections I and II of this Rule, an Authority to Construct and 

a Permit to Operate shall may be required for the following source operations: 

A. Those subject to EPA 40 CFR, Part 60, New Source Performance Standards (NSPS), 

EPA 40 CFR, Parts 61 and 63, National Emission Standards for Hazardous Air 

Pollutants (NESHAPS and MACT); or any source specific prohibitory Rule; 

B. Those for which the Control Officer makes a determination a permit shall be required 

because such source operation may not operate in compliance with all district District
202 Staff Report – Strikeout Underline Appendix B

EKAPCD B-8 Final 1/13/2011 

rules and regulations, or has the potential to emit hazardous air pollutants in such 

quantity as to pose a significant risk to public health; and 

C. Those proposed as part of soil or groundwater remediation projects. 

IV. Recordkeeping

A. Recordkeeping shall be required to verify or maintain any exemption if such 

exemption is based on a maximum emission limitation. or is a provision of a specific

section of this rule. Such records may include but are not limited to: number of days 

of source operation, type(s) of affected pollutant emitted in pounds per day, Material

Safety Data Sheets, product data sheets, specification sheets, purchase records, VOC 

content data for coatings, emission factors used for calculations, and any other 

pertinent information.

B. Source operation that qualifies as Low Emitting Unit in accordance with Section 

II.M.1 of this rule may satisfy the recordkeeping provision by maintaining records for 

the source operation sufficient to demonstrate uncontrolled emissions of any affected 

pollutant do not exceed 2 pounds for 24-hour period of maximum operation for the 

calendar year. 

C. Source operation that qualifies as Low Emitting Unit in accordance with Section 

II.M.2 of this rule may satisfy the recordkeeping provision by:

1. Maintaining records for the source operation sufficient to demonstrate 

uncontrolled emissions of NOx and VOC do not exceed 10 pounds in any 24-hour 

period of maximum operation for the calendar year; and 

2. Maintaining records to demonstrate emissions of NOx and VOC do not exceed 

180 pounds in the calendar year: and

3. Maintaining records for the source operation sufficient to demonstrate 

uncontrolled emissions of any affected pollutant other than NOx and VOC do not 

exceed 2 pounds for 24-hour period of maximum operation for the calendar year. 

D. Such records shall be maintained on-site for at least 3 years (Title V sources must 

retain records for 5 years), and shall be submitted to District Staff upon District’s 

request.

Remainder of Page Intentionally Left Blank 
APPENDIX C: 

AMENDED RULE 202 PERMIT EXEMPTIONS 

RESPONSE TO COMMENTS 
202 Staff Report - Response to Comments Appendix C 

EKAPCD C-1 Draft 1/13/2011 

I. ARB & EPA COMMENTS 

The District submitted a copy of the proposed Rule 202 revision dated September 2, 

2010 to ARB and EPA for a 30-day review. The 9/2/2010 proposed revision of Rule 

202 incorporated changes made to the revision based on comments the District 

received from ARB, EPA, and industry following the first workshop held in October 

2009. ARB and EPA had a series of additional comments regarding the 9/2/2010 

proposed revision of Rule 202. 

This section represents the changes made to the proposed revision of Rule 202 in 

response to ARB and EPA comments following the October 2009 workshop and the 

9/2/2010 revision. 

California Health and Safety Code (CH & SC) Exemptions 

In the 10/16/2009 draft of 202, Section II.B was changed from CH & SC 42310 (a) to 

CVC, Section 415 (a). The EPA commented that “this is a hanging reference. The 

definition of motor vehicle should be included in the rule, unless CARB submits the 

Vehicle code section as part of the SIP”. In response to this comment, the District 

included a definition for Vehicle in Rule 102, Definitions and updated Section II.B of 

Rule 202 to the following language: 

Any Vehicle as defined in Rule 102, but not including any source operation mounted 

on such vehicle that would otherwise require a permit under provisions of the District 

Rules and Regulations (CH & SC, Section 42310 (a)(1).

Additional Exemptions 

It was recommended that the term “EPA” be deleted from Section II.A.3, Combustion 

Equipment since Rule 102 only defines the term “Standard Conditions.” Section 

II.A.3 has been revised to the following language: 

Gas turbine engines with a maximum heat input rating of 3,000,000 Btu per hour or 

less at Standard Conditions as defined in Rule 102, Definitions. 

Because a portion of the District was designated federal non-attainment for ozone 

on January 1, 2004, the District must develop, adopt, implement, and submit to the 

SIP an agricultural rule pursuant to H&S Code section 40724.6. At the request of 

ARB, Section II.K, Agricultural Sources has been added to Rule 202. Proposed 

language for Section II.K is as follows: 

An Agricultural Facility or Confined Animal Facility (CAF) (as defined in Rule 102, 

Definitions) that meets all of the following requirements:

1. Actual emissions are less than one-half the Major Source thresholds as defined 

in District Rule 201.1, Permits to Operate for Sources Subject to Title V of the 

Federal Clean Air Act Amendments of 1990, Section II.U; and
202 Staff Report - Response to Comments Appendix C 

EKAPCD C-2 Draft 1/13/2011 

2. Houses quantities of each class of animal less than:

1,000 milk-producing dairy cows;

2,500 horses;

3,000 swine;

3,500 beef cattle;

7,500 calves, heifers, or other cattle;

15,000 sheep, lambs, or goats;

30,000 rabbits or other animals not in this list;

100,000 turkeys;

650,000 chickens other than laying hens;

650,000 laying hens;

650,000 ducks.

In the October 16, 2009 proposed revision of Rule 202, Section II.M, Low Emitting 

Unit was located in Section II.L and titled Low Emitting Unit Not Emitting Toxic Air 

Contaminants (TAC). As requested by the EPA, “Not Emitting Toxic Air 

Contaminants (TAC)” was removed from the title of this exemption and “(PM10, 

SOx, NOx, VOC and CO)” was omitted from the description. 

The District changed the requirements and language of Section II.M, Low Emitting 

Unit based on comments received from the ARB, EPA, and industry following the 

October 2009 workshop. The proposed language and requirements for Low Emitting 

Unit at the October 2009 was as follows: 

1. De Minimis Emitting Unit

An uncontrolled emissions unit that emits less than 1 pound of any of the 

following criteria air contaminants (PM10, SOx, NOx, VOC and CO) in any 24-

hour period, and emits for less than 30 days in any calendar year.

2. Certified Low Emissions Units 

An uncontrolled emissions unit that emits less than or equal to 2 pounds of any of 

the following criteria air contaminants (PM10, SOx, NOx, VOC and CO) in any 

24-hour period. If emissions are greater than 2 pounds in any 24-hour period, 

they must not exceed 75-pounds in calendar year. 

To qualify for the exemptions listed in this section one of the following 

requirements must be met:

a. An application and filing fee in accordance with District Rule 301 shall be 

submitted to the Air Pollution Control Officer. Additionally, application shall 

be subject to application processing and priority processing fees as stated in 

Rule 303. Such application shall include: identification of source operation, 

documentation of expected emissions and proposed form and location of 

records to be used to verify qualification for exemption. Such requests shall 

be acted upon by the District within 30 days. To retain such exemption, the 

owner of a source operation shall reapply biennially. Each request for 

reapplication shall be accompanied by filing fee in accordance with District 

Rule 301.
202 Staff Report - Response to Comments Appendix C 

EKAPCD C-3 Draft 1/13/2011 

b. Submittal of an engineering analysis of the Low Emissions Unit by a 

Certified Air Emissions Professional (CAEP), as defined in Rule 102 

Definitions section G, demonstrating that the emissions of criteria pollutants 

are below the exemption thresholds of this section. Engineering analysis 

and filing fee in accordance with District Rule 301 shall be submitted to the 

Air Pollution Control Officer. 

Revised language and requirements for the proposed Low Emitting Unit exemption 

developed in response to additional ARB and EPA comments are as follows: 

A source operation that meets the emission limits specified in either Subsection 1 or 

2 of this section and complies with Section IV, Recordkeeping of this rule.

1. A source operation with a potential to emit any uncontrolled affected pollutant at 

a rate of less than or equal to 2 pounds in any 24-hour period. 

2. A source operation with a potential to emit uncontrolled Oxides of Nitrogen (NOx) 

or Volatile Organic Compounds (VOCs) at a rate of less than or equal to10 

pounds in any 24-hour period and less than or equal to 180 pounds in any 

calendar year.

It was recommended that Section II.N, Temporary Source Operation include a 

recordkeeping provision to ensure a temporary source operation does not exceed 

the stated limit. It was also recommended that “de minimis TAC emission limits” as 

defined by OEHHA be specified. 

In response to this comment, the term “de minimis TAC emission limits” was deleted 

from Section II.N. The proposed language for Section II.N, Temporary Source 

Operation is as follows: 

Any source operation, as defined in Rule 102, Definitions that has not occurred in 

the previous 2 calendar years, will operate for less than 12 consecutive months, and 

expected to emit less than 500 pounds of affected pollutants during the operation 

period.

Any source seeking Temporary Source Operation exemption must comply with 

provisions 1 and 2 of this section.

1. An application and filing fee in accordance with District Rule 301 shall be 

submitted to the Control Officer to qualify for the exemption listed in this section. 

Additionally, application shall be subject to application processing and priority 

processing fees as stated in Rule 303. Such application shall include: 

identification of source operation, documentation of expected emissions, and 

proposed form and location of records to be used to verify qualification for 

exemption. Such requests shall be acted upon by the District within 30 days. 

Each request for reapplication shall be accompanied by filing fee in accordance 

with District Rule 301; and
202 Staff Report - Response to Comments Appendix C 

EKAPCD C-4 Draft 1/13/2011 

2. Sufficient records verifying compliance with Temporary Source Operation limits 

shall be collected and maintained in accordance with Section IV.A 

(Recordkeeping) of this rule. 

Recordkeeping 

It was recommended that the District elaborate on the recordkeeping criteria of 

Section IV, Recordkeeping. Language for Section IV has been expanded as follows: 

A. Recordkeeping shall be required to verify or maintain any exemption if such 

exemption is based on a maximum emission limitation or is a provision of a 

specific section of this rule. Such records may include but are not limited to: 

number of days of source operation, type(s) of affected pollutant emitted in 

pounds per day, Material Safety Data Sheets, product data sheets, specification 

sheets, purchase records, VOC content data for coatings, emission factors used 

for calculations, and any other pertinent information.

B. Source operation that qualifies as Low Emitting Unit in accordance with Section 

II.M.1 of this rule may satisfy the recordkeeping provision by maintaining records 

for the source operation sufficient to demonstrate uncontrolled emissions of any 

affected pollutant do not exceed 2 pounds for 24-hour period of maximum 

operation for the calendar year. 

C. Source operation that qualifies as Low Emitting Unit in accordance with Section 

II.M.2 of this rule may satisfy the recordkeeping provision by:

1. Maintaining records for the source operation sufficient to demonstrate 

uncontrolled emissions of NOx and VOC do not exceed 10 pounds in any 24-

hour period of maximum operation for the calendar year; and 

2. Maintaining records to demonstrate emissions of NOx and VOC do not 

exceed 180 pounds in the calendar year: and

3. Maintaining records for the source operation sufficient to demonstrate 

uncontrolled emissions of any affected pollutant other than NOx and VOC do 

not exceed 2 pounds for 24-hour period of maximum operation for the 

calendar year. 

D. Such records shall be maintained on-site for at least 3 years (Title V sources 

must retain records for 5 years), and shall be submitted to District Staff upon 

District’s request.

II. INDUSTRY COMMENTS 

The District evaluated all comments made by Industry regarding the proposed 

changes to Rule 202. Some of the comments were very similar to those the ARB 

and EPA proposed. Industry comments and suggested changes that are similar in 
202 Staff Report - Response to Comments Appendix C 

EKAPCD C-5 Draft 1/13/2011 

nature to those addressed in the ARB & EPA Comments section of Appendix C will 

not be mentioned again in this section. 

Suggested changes that would aid Industry with compliance without modifying the 

intent of the Rule were incorporated into the proposed revision of Rule 202. 

The following Industry suggested changes were not incorporated into the proposed 

revision of Rule 202 because they are either infeasible, would alter the intent of the 

Rule, were inapplicable to the Rule, or the District believed there was no benefit in 

making the change: exempting uncontrolled emissions units that emits more than 2 

pounds of affected pollutants in any 24-hour period; exempting Non-CERCLA soil or 

groundwater remediation projects; exempting equipment used for carving, cutting, 

drilling, surface grinding, planing, routing, sanding, sawing, shredding, or turning of 

wood, paper or plastic, or the pressing or storing of saw dust, wood chips or wood 

shavings; exempting rental equipment; exempting ovens used for curing, softening 

or annealing of plastics or curing up to 30 pounds per day of powder coatings; and 

deleting Section III.C. 

Additional Exemptions 

At the Military’s request language for Section II.G.1, Liquid Storage Vessels has 

been revised to clarify that liquid storage vessels containing JP-8 (NATO F-34, 

NATO F-35, JP-8+100) are exempt. Section II.G, lists all containers, reservoirs, or 

tanks used exclusively for liquid storage that do not require an Authority to Construct 

or Permit to Operate unless a written permit is specifically requested by the 

owner/operator. 

Revised language for Section II.G.1 is as follows: Storage of JP-8, NATO F-34, 

NATO F-35, and JP-8+100 engine fuels as defined in military specification number 

MIL-DTL-83133.

EKAPCD Meeting with Edwards AFB 

District staff met with Edwards AFB environmental representatives on July 28, 2010 

to acquire feedback regarding the proposed revision to Rule 202. After the meeting, 

District staff changed the requirements of Section II.M, Low emitting Unit from: 

 

An uncontrolled emissions unit that emits less than 2 pounds of affected pollutants in 

any 24-hour period.Records verifying compliance shall be collected and maintained 

in accordance with Section IV (Recordkeeping) of this rule if emissions from Low 

Emitting Unit are greater than 500 pounds in any calendar year;

To: An emissions unit with a potential to emit uncontrolled affected pollutants 

(excluding non TAC GHGs as defined pursuant to Rule 102, Definitions) at a rate of 

less than or equal to 2 pounds per 24-hour period or is less than or equal to 150 

pounds per calendar year. Sufficient records verifying compliance of Low Emitting 
202 Staff Report - Response to Comments Appendix C 

EKAPCD C-6 Draft 1/13/2011 

Unit limits shall be collected and maintained in accordance with Section IV.A 

(Recordkeeping) of this rule.

ARB and EPA did not agree with the proposed limits and believed that it would 

create burdensome recordkeeping for sources and be difficult for the District to 

regulate. In response, District is proposing a two part exemption that will (1) exempt 

any source that emits 2 pounds or less of an affected pollutant in any 24-hour 

period; (2) exempt any source that emits 10 pounds or less of NOx or VOCs in any 

24-hour period and does not emit more than 180 pounds of NOx or VOCs in a year. 

The language for this exemption is stated under the ARB and EPA comments 

section. 

Following the Edwards AFB meeting the title of Section II.N, Temporary Emissions 

Unit was been changed to Temporary Source Operation and the language and 

exemption requirements were revised from: 

Any emissions source that has not occurred in the previous 2 calendar years and 

emits less than 500 pounds of affected pollutants in a calendar year. 

Any source operation seeking Temporary Emissions Unit exemption must comply 

with provisions 1 and 2 of this section.

1. An application and filing fee in accordance with District Rule 301 shall be 

submitted to the Control Officer to qualify for the exemption listed in this section. 

Additionally, application shall be subject to application processing and priority 

processing fees as stated in Rule 303. Such application shall include: 

identification of source operation, documentation of expected emissions and 

proposed form and location of records to be used to verify qualification for 

exemption. Such requests shall be acted upon by the District within 30 days. 

Each request for reapplication shall be accompanied by filing fee in accordance 

with District Rule 301.

2. Records verifying compliance with Temporary Emissions Unitlimits shall be 

collected and maintained in accordance with Section IV (Recordkeeping) of this 

rule; 

To: Any source operation, as defined in Rule 102, Definitions that has not occurred in 

the previous 2 calendar years, will operate for less than 12 consecutive months, 

and expected to emit less than 500 pounds of affected pollutants during the 

operation period.

Any source seeking Temporary Source Operation exemption must comply with 

provisions 1 and 2 of this section.

1. An application and filing fee in accordance with District Rule 301 shall be 

submitted to the Control Officer to qualify for the exemption listed in this section. 

Additionally, application shall be subject to application processing and priority 

processing fees as stated in Rule 303. Such application shall include: 

identification of source operation, documentation of expected emissions, and 

proposed form and location of records to be used to verify qualification for 
202 Staff Report - Response to Comments Appendix C 

EKAPCD C-7 Draft 1/13/2011 

exemption. Such requests shall be acted upon by the District within 30 days. 

Each request for reapplication shall be accompanied by filing fee in accordance 

with District Rule 301; and

2. Sufficient records verifying compliance with Temporary Source Operation limits 

shall be collected and maintained in accordance with Section IV.A 

(Recordkeeping) of this rule.

Affected Pollutants 

Following the October 2010 workshop Edwards AFB environmental representatives 

requested that the District clarify the intent and interpretation of the “term” Affected 

Pollutant as it pertains to Rule 202. Edwards AFB environmental representatives 

believe that Edwards AFB “occasionally operates processes that emit air 

contaminants but not affected pollutants, as defined in District Rule 102, Definitions. 

Edwards AFB gave an example of such a process. The District addressed Edwards’ 

example and explained the intent and interpretation of Affected Pollutants in Section 

X, Affected Pollutants on page 4 of this Staff Report. 

III. PUBLIC COMMENTS 

There were no comments made by the general public. 

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