San Luis Obispo County APCD 204-1 8/10/93

RULE 204. REQUIREMENTS 

 (Adopted 11/5/91; Revised 8/10/93) 

A. CONTROL TECHNOLOGY 

The Air Pollution Control Officer (APCO) shall deny an application for an Authority to 

Construct for any new, replacement, modified, or relocated emission unit which would 

have the potential to emit any affected pollutants unless: 

1. The new or modified emission unit is equipped with the current Best Available 

Control Technology (BACT) for all subject air contaminants for which the 

emission unit's potential to emit is 25 pounds per day or more and with the current 

Reasonably Available Control Technology (RACT) for all subject air 

contaminants for which the emission unit's potential to emit is less than 25 pounds 

per day, except for carbon monoxide for which the potential to emit values above 

shall be 10 times the amount shown; or 

2. The replacement or relocated emission unit is equipped with RACT for all subject 

pollutants which were not controlled prior to this action and with equivalent 

control technology for all subject pollutants which were controlled prior to this 

action; or 

3. The proposed modification to an existing emission unit consists of the voluntary 

application of control equipment or the voluntary modification of an existing 

emission unit for the purpose of reducing air contaminants where there is no 

increase in throughput; or 

4. The proposed modification to an existing emission unit is done solely to comply 

with regulatory requirements or prohibitory rules and where there is no increase in 

throughput. 

B. OFFSETS 

1. The APCO shall deny an application for an Authority to Construct for any new, 

replacement, modified, or relocated emission unit which would have the potential 

to emit ROG, NOx, SOx, PM10 or CO unless all of the following are satisfied: 

a. For emission units at stationary sources where the proposed potential to 

emit ROG will be equal to 25.0 tons per year or more, offsets shall be 

provided for any emission increase of ROG or NOx; 

b. For emission units at stationary sources where the proposed potential to 

emit NOx will be equal to 25.0 tons per year or more, offsets shall be 

provided for any emission increase of ROG or NOx; 
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c. For emission units at stationary sources where the proposed potential to 

emit PM10 will be equal to 25.0 tons per year or more, offsets shall be 

provided for any emission increase of PM10, SOx, ROG or NOx; 

d. For emission units at stationary sources where the proposed potential to 

emit SOx will be equal to 25.0 tons per year or more, offsets shall be 

provided for any emission increase of SOx; and 

e. For emission units at stationary sources where the proposed potential to 

emit CO will be equal to 250.0 tons per year or more, offsets shall be provided for 

any emission increase of CO. 

1. For those stationary sources that are not initially subject to the requirements of 

Subsection B.1 above but become subject after August 10, 1993, the offsets 

required under that subsection shall be for any net emissions increase of the 

subject pollutant. 

2. Offsets for all emission units in San Luis Obispo County or its adjacent California 

Coastal Waters, as defined in Rule 105, shall be provided at a ratio of 1.0:1. All 

offsets shall be obtained from either Emission Reduction Credits (ERC's) pursuant 

to Rule 211 or Community Bank Credits (CBC's) pursuant to Rule 212. 

3. For any applicant proposing to use emission reduction credits to provide offsets, 

the quarterly emissions profile of the emission unit requiring offsets and the 

quarterly emissions profile of the proposed emission reduction credits shall satisfy 

the profile check for offsets as calculated pursuant to Rule 213.F. 

4. Calculations 

a. Emission increases shall be calculated according to the requirements of 

Rule 213. 

b. All emission reduction credits (ERC's) issued to a stationary source shall 

be included in that source's potential to emit when determining the offset 

thresholds in Rule 204.B.1. 

C. EXEMPTIONS FROM BACT AND OFFSETS 

1. Applications for Permit to Operate shall be exempt from Rule 204.A. and 204.B. 

provided that the emission unit was previously exempt from the permit provisions 

of these Rules and Regulations and a Permit to Operate is required solely because 

of a change in permit exemptions. 

2. An emission unit shall be exempt from Rule 204.A. and Rule 204.B., if the 

stationary source's net emissions increase of the subject pollutant is less than 0.1 

tons per year. 
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3. The total cumulative increase which is exempt under C.2 above shall be limited to 

0.5 tons per year for each subject pollutant. 

D. PROTECTION OF AMBIENT AIR QUALITY STANDARDS 

The APCO shall deny an applicant an Authority to Construct for any new, replacement, 

modified, or relocated emission unit which would cause the violation of any ambient air 

quality standard. In making this determination the APCO shall take into account any 

offsets which were provided for the purpose of mitigating the emission increase. 

E. CERTIFICATION OF STATEWIDE COMPLIANCE 

1. The APCO shall deny an applicant an Authority to Construct for any new, 

replacement, modified, or relocated emission unit located at a stationary source 

which would have the potential to emit equal to or greater than 25 tons per year of 

any subject air contaminant, unless the applicant certifies that all emission units 

located in California which would be classified as a major stationary source, as 

defined in Rule 105, and which are owned or operated by the applicant, or by any 

entity controlling, controlled by or under common control with such applicant, are 

in compliance or on a schedule for compliance with all applicable emission 

limitations and standards. 

F. STANDARDS FOR GRANTING AUTHORITY TO CONSTRUCT OR PERMIT TO 

OPERATE 

1. The Air Pollution Control Officer shall deny an Authority to Construct, Permit to 

Operate or Permit to Sell or Rent, except as provided in Rule 206, if the applicant 

does not show that every 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, is so designed, 

controlled, or equipped with such air pollution control equipment, that it may be 

expected to operate without emitting or causing to be emitted, air contaminants in 

violation of these Rules and Regulations and Section 42301.6 and 44300 (et. seq.) 

of the Health and Safety Code. No Permit to Operate shall be granted either by 

the Control Officer or the Hearing Board unless the applicant provides such 

information or analysis as will disclose the nature, extent, quantity or degree of air 

contaminants which the emission unit may discharge. The Air Pollution Control 

Officer may require that the disclosure be certified by a professional engineer 

registered in the State of California. 

2. Before an Authority to Construct or a Permit to Operate is granted, the Air 

Pollution Control Officer may require the applicant to provide and maintain such 

facilities as are necessary for sampling and testing purposes in order to secure 

information that will disclose the nature, extent, quantity, or degree of air 

contaminants discharged into the atmosphere from the article, machine, 

equipment or other contrivance described in the Permit to Operate. In the event of 

such a requirement, the Air Pollution Control Officer shall notify the applicant in 
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writing of the required size, number and location of sampling holes, the size and 

location of the sampling platform, and the utilities for operating the sampling and 

testing equipment. The platform and access shall be constructed in accordance 

with the General Industry Safety Orders of the State of California. 

3. Compliance with emission standards set forth in these Rules and Regulations shall 

be determined by test methods approved by the Air Pollution Control Officer. 

Where an ARB and/or EPA test method exists for such a test, the test methods 

shall be equivalent to the ARB and/or EPA approved method.