BOARD OF DIRECTORS 

AIR POLLUTION CONTROL DISTRICT 

COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA 

__2_.8_ day _ _,_,M"""a<+y _ __,. 2014 

RESOLUTION NO. 2014-5 

RESOLUTION OF THE AIR POLLUTION CONTROL BOARD 

AMENDING THE RULES AND REGULATIONS OF THE 

SAN LUIS OBISPO COUNTY AIR POLLUTION CONTROL DISTRICT 

TO ADOPT RULE 222, FEDERAL EMISSION STATEMENT 

The following resolution is hereby offered and read: 

WHEREAS, the proposed adoption of Rule 222 will implement the requirements of the 

Federal Clean Air Act Section 182 (a)(3)(B) which requires that states with areas designated as 

nonattainment for ozone require emissions data from sources of oxides of nitrogen and volatile 

organic compounds located in the nonattainment areas; and 

WHEREAS, this Board finds that the Rule has been composed and amended to the extent 

reasonably practicable, and are written in plain English wherever feasible, in order to assure that the 

Rule can be easily understood by the persons directly affected by said Rule; and 

WHEREAS, Section 40001 of the California Health and Safety code establishes authority for 

the District to adopt the Rule; and 

WHEREAS, the Rule, as written and amended, is consistent with existing statutes, court 

decisions, and State and Federal Regulations; and 

WHEREAS, the Rule, as written, does not result in duplication of existing State or Federal 

statutes or regulations in that the Rule does not impose the same requirements as an existing State 

or Federal Regulation, except to the extent that the Rule is necessary or proper to execute the 

powers and duties granted to and imposed upon the District; and 

WHEREAS, the Rule, as written and amended, is exempt from CEQA under sectiqn 

15061 (b)(3) of the CEQA guidelines because it can be seen with certainty that there is no possibility 

that these changes may have a significant effect on the environment. The proposed changes do not 

establish new requirements or require modifications to facilities; and 
WHEREAS, the Board has on this date held and conducted a duly noticed Public Hearing on · 

said amendments to the Rules and Regulations of the San Luis Obispo County Air Pollution Control 

District and has determined the necessity for said amendments. 

WHEREAS, the District has complied with H&SC Sections 40725 through 40728 in adopting 

these regulatory changes; and 

NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the Air Pollution Control Board of the 

San Luis Obispo County Air Pollution Control District that amendments to the District Rules and 

Regulations, specifically Rule 222, attached hereto, and incorporated by reference herein as Exhibit 

A. are hereby adopted to be effective on May 28, 2014. 

On motion of Director Ed Waage . seconded by Director Brnce Gj bson 

and passed and adopted on the following roll call vote: 

Ayes: Directors Arnold, Fonz i , Hamon, Hi11, Christianson, Mecham, Bright, Smukler, 

Noes: Ray 

Absent Director Costello 

Abstaining: 

Attest: 

Approved as to Form and Legal Effect: 

Raymond A. Biering 

District Counsel 

Date:---..L-5--/-) ~~~L.-f--J --"------l :-(-__ TJ 

San Luis Obispo County 
EXHIBIT A 

RULE 222, FEDERAL EMISSION STATEMENT 
RULE 222. Federal Emission Statement 

(Adopted proposed 512812014) 

A. Purpose 

To establish the requirements for the submittal of emission statements from specified 

stationary sources pursuant to the requirements of the 1990 amendments to the Federal 

Clean Air Act [Section 182 (a)(3)(8)]. 

B. Applicability 

The requirements of this rule are applicable to stationary sources permitted by the District 

and operating in federal ozone nonattainment areas of the county which have actual 

emissions or potential emissions in excess of twenty five (25) tons per year of volatile organic 

compounds or oxides of nitrogen. 

C. Requirements 

The owner or operator of any stationary source that is subject to this rule shall annually 

provide the District a written emission statement showing actual emissions, or operational 

data allowing the District to estimate actual emissions from that source. 

1. The emission statement shall be on a form or in a format specified by the Air 

Pollution Control Officer (the Renewal Information Request) and shall contain the 

following information: 

a. Operational data necessary to estimate actual emissions of volatile organic 

compounds and oxides of nitrogen, in tons per year, for the calendar year 

prior to the preparation of the emission statement; and 

b. Information regarding seasonal or diurnal peaks in the emission of affected 

pollutants; and 

c, Certification by a responsible official ofthe company that the information 

contained in the emission statement is accurate to the best of their 

knowledge. 

2. Annual emission statements shall be submitted to the District no later than the date 

specified in the Renewal Information Request. 

D. Administrative Requirements 

The Air Pollution Control Officer shall annually request and require the submission of a 

Renewal Information Request pursuant to Subsection C from each source within the District 

which has actual emissions or potential to emit in excess of twenty five (25) tons per year of 

volatile organic compounds or oxides of nitrogen. 

San Luis Obispo County APCD 222-1 512812014 
E. Failure to Submit 

A failure by the responsible official to submit a Renewal Information Request by the date 

required shall be deemed a willful failure to furnish information required to disclose the 

nature and quantity of emissions discharged by the stationary source. 

1. The Air Pollution Control Officer may suspend the permit(s) of such a source. 

2. The Air Pollution Control Officer shall serve notice in writing of such suspension and 

the reasons for the suspension upon the perm ittee. 

3. The Air Pollution Control Officer will reinstate the suspended permit(s) when 

furnished with the required information. 

San Luis Obispo County APCD 222-2 5128/2014