Santa Barbara County APCD Rule 201 201 - 1 June 19, 2008 

RULE 201. PERMITS REQUIRED. (Adopted 10/18/1971, revised 5/1/1972, readopted 10/23/1978, 

revised 7/2/1979, 4/17/1997, and 6/19/2008)

A. Applicability 

 This rule applies to any person who builds, erects, alters, replaces, operates or uses any article, machine, 

equipment, or other contrivance which may cause the issuance of air contaminants. 

B. Exemptions 

 Exemptions to this rule appear in Rule 202 (Exemptions to Rule 201). 

C. Definitions 

 See Rule 102 for definitions not limited to this rule. For the purposes of this rule, the following definitions 

shall apply: 

 "Erect" means the setting up, installing, or assembling of equipment that can be moved from one location to 

another and that must be stationary in order to operate. 

D. Requirement - Authority to Construct 

 Any person building, erecting, altering, replacing, or using any article, machine, equipment or other 

contrivance, the use of which may cause the issuance of air contaminants or the use of which may eliminate or 

reduce or control the issuance of air contaminants, shall first obtain an Authority to Construct for such 

construction or use from the Control Officer. An Authority to Construct issued to a source shall remain in 

effect until the Permit to Operate the equipment for which the application was filed is granted or denied or the 

application expires. 

E. Requirement - Permit to Operate 

 1. Source Compliance Demonstration Period 

 After issuance of an Authority to Construct and prior to issuance of a Permit to Operate, the Control 

Officer may require an applicant to undergo a Source Compliance Demonstration Period, to evaluate 

each article, machine, equipment or other contrivance listed within the Authority to Construct. The 

applicant must show that all of the listed equipment is so designed, controlled or equipped with such 

air pollution control equipment, that it may be expected to be operated in compliance with Sections 

41700 or 41701 of the Health and Safety Code and these Rules and Regulations and any limitation or 

permit condition of the Authority to Construct. 

 2. Permit to Operate 

 Before any article, machine, equipment or other contrivance described in Rule 201(D) may be 

operated or used, a written permit shall be obtained from the Control Officer. No Permit to Operate 

or use shall be granted either by the Control Officer or the Hearing Board for any article, machine, 

equipment or contrivance described in Rule 201(D) constructed or installed without authorization as 

required by Rule 201(D) until the applicant presents such information or analysis as will disclose the 

nature, extent, quantity or degree of air contaminants which the source may discharge. The Control 

Officer may also require the same information if an article, machine, equipment or contrivance is 

altered or modified to conform to the standards set forth in these Rules and Regulations. Further, the 

Control Officer may require that the disclosures described be certified by a professional engineer 

registered by the State of California. 

 

 3. Consolidated Authority to Construct/Permit to Operate 
Santa Barbara County APCD Rule 201 201 - 2 June 19, 2008 

 The Control Officer may issue a consolidated Authority to Construct/Permit to Operate. 

F. Requirement - Expiration of Authority to Construct 

 If unused, an Authority to Construct shall automatically expire one year from the date of issuance. An 

application for Permit to Operate existing equipment may be canceled one year from the date of filing of the 

application, if unused. 

G. Requirement - Permit Reissuance and Reevaluation 

 A Permit to Operate shall be valid for one year and shall be eligible for extension provided the permittee is in 

compliance with permit conditions as determined by the District's annual compliance inspection and upon the 

payment of fees. The Control Officer may prohibit the reissuance of a Permit to Operate, or revise it as 

authorized by law, if the article, machine, equipment or contrivance subject to the permit does not comply 

with all applicable orders, rules and regulations of the District and CARB, and Division 26 of the Health and 

Safety Code, including Health and Safety Code Sections 42301(e) and (f). A Permit to Operate shall be 

reevaluated by the Control Officer every three years to determine that the permit conditions are adequate to 

ensure compliance with, and the enforceability of, District rules and regulations applicable to the source. 

H. Requirement - Notification to Officials

 

 The Control Officer shall notify the building department or division of every governmental agency, excluding 

federal agencies, within the District boundaries, on an annual basis, that the owner or authorized agent of 

development projects which do not require a development permit other than a building permit, will need to 

comply with the requirements for a permit for construction or modification from the District. In addition, to 

assist the County and each city to comply with Government Code Section 65850.2, the Control Officer will 

provide the building officials with relevant Authority to Construct permit information to be distributed to 

building permit applicants. 

I. Requirement - Posting of Authority to Construct or Permit to Operate 

 1. A person who has been granted under this Rule an Authority to Construct or a Permit to Operate for 

any article, machine, equipment, or other contrivance described in Section D or E of this rule shall 

maintain the Authority to Construct or Permit to Operate, or an approved facsimile readily available 

to the District and operating personnel at all times on the operating or construction premises, or at a 

location disclosed to the Control Officer, and shall provide it upon request to the Control Officer or 

to the Control Officer’s representative. 

 2. No person shall deface, alter, forge, counterfeit, or falsify a permit, or facsimile thereof issued or 

maintained pursuant to the provisions of this Rule. 

J. Requirements - Absence of Permitted Equipment 

 Items of equipment, other than portable internal combustion engines which are eligible for registration 

pursuant to Health & Safety Code 41750 et seq, for which a Permit to Operate is granted, shall be at all times 

present within the boundaries of the stationary source unless the operator shows to the satisfaction of the 

District that the absence of the equipment is due to its being rebuilt or otherwise reworked offsite, or in 

temporary storage onsite. Failure to make this showing at the time of permit reevaluation and failure to obtain 

a permit modification listing the absent equipment shall result in removal of the absent equipment from the 

Permit to Operate upon the next reevaluation of the permit. 
Santa Barbara County APCD Rule 201 201 - 3 June 19, 2008 

K. Requirement - Inoperability of Permitted Equipment 

 A permitted item of equipment found in inoperable condition must be demonstrated by the operator, to the 

satisfaction of the Control Officer, either to function in compliance with applicable permit conditions or to 

have no pollutant emissions. This section shall not apply to well heads.