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 re located 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 conta minants 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 potentia l to emit is less than 25 pounds per day, except for carbon monoxide for which the p otential to emit values above shall be 10 times the amount shown; or

2. The replacement or relocated emission unit is equip ped 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 u nit consists of the voluntary application of control equipment or the voluntary m odification of an existing emission unit for the purpose of reducing air conta minants where there is no increase in throughput; or

4. The proposed modification to an existing emission u nit is done solely to comply with regulatory requirements or prohibitory rules a nd where there is no increase in throughput.

B. OFFSETS

1. The APCO shall deny an application for an Author ity to Construct for any new, replacement, modified, or relocated emission unit w hich 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 t he proposed potential to emit ROG will be equal to 25.0 tons per year or mor e, offsets shall be provided for any emission increase of ROG or NOx;

b. For emission units at stationary sources where t he proposed potential to emit NOx will be equal to 25.0 tons per year or mor e, offsets shall be provided for any emission increase of ROG or NOx;San Luis Obispo County APCD 204-2 8/10/93 c. For emission units at stationary sources where t he proposed potential to emit PM10 will be equal to 25.0 tons per year or mo re, offsets shall be provided for any emission increase of PM10, SOx, RO G or NOx;

d. For emission units at stationary sources where t he proposed potential to emit SOx will be equal to 25.0 tons per year or mor e, offsets shall be provided for any emission increase of SOx; and

e. For emission units at stationary sources where t he proposed potential to emit CO will be equal to 250.0 tons per year or mor e, 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 Augus t 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 C ounty or its adjacent California Coastal Waters, as defined in Rule 105, shall be pr ovided at a ratio of 1.0:1. All

offsets shall be obtained from either Emission Redu ction Credits (ERC's) pursuant to Rule 211 or Community Bank Credits (CBC's) pursu ant to Rule 212.

3. For any applicant proposing to use emission reducti on credits to provide offsets, the quarterly emissions profile of the emission uni t requiring offsets and the quarterly emissions profile of the proposed emissio n reduction credits shall satisfy the profile check for offsets as calculated pursuan t 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 exem pt from the permit provisions of these Rules and Regulations and a Permit to Oper ate is required solely because of a change in permit exemptions.

2. An emission unit shall be exempt from Rule 204.A. a nd Rule 204.B., if the stationary source's net emissions increase of the s ubject pollutant is less than 0.1

tons per year.San Luis Obispo County APCD 204-3 8/10/93

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 Co nstruct for any new, replacement, modified, or relocated emission unit which would ca use 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 miti gating the emission increase.

E. CERTIFICATION OF STATEWIDE COMPLIANCE

1. The APCO shall deny an applicant an Authority to Co nstruct for any new, replacement, modified, or relocated emission unit l ocated 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 c ertifies 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 operate d by the applicant, or by any entity controlling, controlled by or under common c ontrol 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 PE RMIT TO

OPERATE

1. The Air Pollution Control Officer shall deny an Aut hority to Construct, Permit to Operate or Permit to Sell or Rent, except as provid ed in Rule 206, if the applicant does not show that every article, machine, equipmen t 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 con trol 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 Sectio n 42301.6 and 44300 (et. seq.) of the Health and Safety Code. No Permit to Operat e 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 certifie d by a professional engineer registered in the State of California.

2. Before an Authority to Construct or a Permit to Ope rate is granted, the Air Pollution Control Officer may require the applicant to provide and maintain such facilities as are necessary for sampling and testin g purposes in order to secure information that will disclose the nature, extent, quantity, or degree of air contaminants discharged into the atmosphere from th e article, machine, equipment or other contrivance described in the Per mit to Operate. In the event of such a requirement, the Air Pollution Control Offic er shall notify the applicant inSan Luis Obispo County APCD 204-4 8/10/93 writing of the required size, number and location o f sampling holes, the size and location of the sampling platform, and the utilitie s for operating the sampling and testing equipment. The platform and access shall b e constructed in accordance with the General Industry Safety Orders of the Stat e of California.

3. Compliance with emission standards set forth in the se Rules and Regulations shall be determined by test methods approved by the Air P ollution 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.