AIR POLLUTION CONTROL DISTRICT

COUNTY OF SAN LUIS OBISPO

STAFF REPORT

ADOPTION of RULE 222

FEDERAL EMISSION STATEMENT

MAY 28, 2014 Hearing Date

BACKGROUND

Federal Clean Air Act Section 182(a)(3)(B) 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. Federal Clean Air Act 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 

(typ) 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.

PROPOSED RULE

The proposed rule is contained in Appendix A. The following summarizes the new/amended rule

provisions.

Rule 222, Federal Emission Statement

Rule 222, Federal Emission Statement, is proposed to implement the requirements of the Federal Clean 

Air Act Section 182 (a)(3)(B)(i) which requires that states with areas designated as nonattainment for 

ozone require emission statement data from sources of oxides of nitrogen and volatile organic 

compounds in the nonattainment areas, regardless of the classification. Failure to submit may result in 

the suspension of the source’s permit(s).

Rule 222 is an administrative rule specifying submission requirements of emission statements. Rule 222 

does not impose any control requirements.

EMISSION REDUCTION / COST-EFFECTIVENESS

Emission Reductions

The proposed rule is administrative in nature relative to permitting actions; they are not control 

measures. Hence, there are no emission reductions expected from the proposed rule action.

Cost-Effectiveness and Incremental Cost-Effectiveness

There are no cost-effectiveness or incremental cost-effectiveness figures relative to this rulemaking task. 

The amended rule is not implementing a control measure or retrofit control requirements. Further, there 

are no emission reductions anticipated. Thus, the requirements of California Health and Safety Code 

(H&SC) Section 40703 and Section 40920.6 do not apply.

ANALYSIS OF EXISTING FEDERAL AND DISTRICT REGULATIONS
H&SC Section 40727.2(a) requires districts to provide a written analysis of existing regulations prior to 

adopting, amending or repealing a regulation. However, the proposed rule action is consistent with 

categories described in H&SC Section 40727.2(g). Hence, the requirements of H&SC Section 40727.2(a) 

are satisfied.

COMMENTS AND PUBLIC MEETINGS

A notice was published in the Tribune, the Draft Rule was sent to the Air Resources Board for their review 

and a notice was sent to the District’s Interested Parties List. At the time this report was finalized, no 

comments had been received.

COMPARISON OF ADJOINING AIR POLLUTION CONTROL DISTRICT RULES

The adjoining air districts do not have areas of nonattainment so the process of adopting similar rules 

does not apply. 

FINDINGS

As required in Section 40727 of the California Health and Safety Code (H&SC), the District Board must 

make findings of necessity, authority, clarity, consistency, nonduplication, and reference.

A. Necessity: The proposed adoption of Rule 222 is necessary to formalize the request for, and 

collection of, emission statements pursuant to the Federal Clean Air Act.

B. Authority: Authority is given to the District to adopt rules pursuant to H&SC Sections 40001 

and 40702.

C. Clarity: The proposed rule has been found by the District to be written in clear English and to 

be as easily understood as possible.

D. Consistency: The District has found that the proposed rule is consistent with existing District 

Rules and Regulations and with existing state and federal guidelines.

E. Non-duplication: Adoption of Federal Rule 222 does not impose the same requirements as 

an existing state or federal law or regulation. It formalizes the request for, and collection of, 

emission statements according to the Federal Clean Air Act.

F. Reference: By adoption of the proposed rule, the District is implementing, and making 

specific by adoption, applicable provisions of H&SC Section 40001 et seq.

CONCLUSION AND RECOMMENDATION

The proposed rule is an administrative rule specifying submission requirements of emission statements. 

Rule 222 does not impose any control requirements. Staff recommends that the proposed rules be 

adopted as written.

ATTACHMENTS

Appendix A: includes the full text of Rule 222.

REFERENCES

1. Federal Clean Air Act, Section 182 (a)(3)(B) (i).
ATTACHMENT 1

UNDERLINE/STRIKEOUT REVISION FORMAT