CALIFORNIA AIR RESOURCES BOARD 

SIP COMPLETENESS CHECKLIST 

(Electronic Format) 

*** TO BE COMPLETED BY DISTRICT AND RETURNED TO ARB *** 

All rules submitted to the EPA as State Implementation Plan (SIP) revisions must be supported by certain information 

and documentation for the rule packages to be deemed complete for review by the EPA. Rules will not be evaluated for 

approvability by the EPA unless the submittal packages are complete. To assist you in determining that all necessary 

materials are included in rules packages sent to the ARB for submittal to the EPA, please fill out the following form and 

include it with the rule package you send ARB. See the ARB's Guidelines on the Implementation of the 40 CFR 51, 

Appendix V, for a more detailed explanation than is provided here. Adopted rules and rule amendments should be 

checked against U.S. EPA's Guidance Document for Correcting Common VOC & Other Rule Deficiencies (Little Blue 

Book, August 21, 2001) to ensure that they contain no elements which will result in disapproval by EPA. 

District: Santa Barbara County APCD

Rule No(s): 202 and 361

Rule Title(s): Rule 202: Exemptions to Rule 201; Rule 361: Small Boilers, Steam Generators, and Process Heater

Date Adopted or Amended: January 17, 2008

ADMINISTRATIVE MATERIALS 

Note: All documents should be in electronic format. Items that have signatures, initials, or stamps may be scanned. 

 Not 

Attached Attached N/A

 COMPLETE COPY OF THE RULE: Provide an unmarked copy of the entire 

rule as adopted or amended by your District Board. 

 UNDERLINE AND STRIKEOUT COPY OF THE RULE: If an amended rule, 

provide a complete copy of the rule indicating in underline and strikeout 

format all language which has been added, deleted, or changed since the rule 

was last adopted or amended. 

 COMPLETE COPY OF THE REFERENCED RULE(S): For any rule which 

includes language specifically referencing another rule, a copy of that other 

rule must also be submitted, unless it has already been submitted to EPA as 

part of a previous SIP submittal. 

 PUBLIC NOTICE EVIDENCE: Include a copy of the local newspaper clipping 

certification(s), stating the date of publication, which must be at least 30 days 

before the hearing. As an alternative, include a copy of the actual published 

notice of the public hearing as it appeared in the local newspaper(s). In this 

case, however, enough of the newspaper page must be included to show the 

date of publication. The notice must specifically identify by title and number 

each rule adopted or amended. 

 RESOLUTION/MINUTE ORDER: Provide the Board Clerk certified resolution 

or minute order. This document must include certification that the hearing 

was held in accordance with the information in the public notice. It must also 

list the rules that were adopted or amended, the date of the public hearing, 

and a statement of compliance with California Health and Safety Code 

Sections 40725-40728 (Administrative Procedures Act). 

 PUBLIC COMMENTS AND RESPONSES: Submit copies of written public 

comments made during the notice period and at the public hearing. Also 

submit any written responses prepared by the District staff or presented to the 

District Board at the public hearing. A summary of the public comments and 

responses is adequate. If there were no comments made during the notice 

period or at the hearing, please indicate N/A to the left. 
CALIFORNIA AIR RESOURCES BOARD 

SIP COMPLETENESS CHECKLIST 

(Electronic Format)

TECHNICAL MATERIALS 

 Not 

Attached Attached N/A

 RULE EVALUATION FORM: See instructions for completing the Rule 

Evaluation Form and the accompanying sample form. 

 NON-EPA TEST METHODS: Attach all test methods that are referenced in 

your rule that do not appear in 40 CFR 51, 60, 61, 63, or have not been 

previously submitted to EPA. EPA methods used in other media such as 

SW846 for solid waste are not automatically approved for air pollution 

applications. Submittal of test methods that are not EPA-approved should 

include the information and follow the procedure described in Region 9’s “Test 

Method Review & Evaluation Process.” 

 MODELING SUPPORT: Provide if appropriate. In general, modeling support 

is not required for VOC and NOx rules to determine their impacts on ozone 

levels. Modeling is required where a rule is a relaxation that affects large 

sources (> 100 TPY) in an attainment area for SO2, directly emitted PM10, 

CO, or NOx (for NO2 purposes). In cases where EPA is concerned with the 

impact on air quality of rule revisions which relax limits or cause a shift in 

emission patterns in a nonattainment area, a reference back to the approved 

SIP will be sufficient provided the approved SIP accounts for the relaxation 

and provided the approved SIP used the current EPA modeling guidelines. If 

current EPA modeling guidelines were not used, then new modeling may be 

required. 

 ECONOMIC AND TECHNICAL JUSTIFICATION FOR DEVIATIONS FROM 

EPA POLICIES: The District staff report or other information included with 

the submittal should discuss all potential relaxations or deviations from RACT, 

RACM, BACT, BACM, enforceability, attainment, RFP, or other relevant EPA 

requirements. This includes, for example, demonstrating that exemptions or 

emission limits less stringent than the presumptive RACT (e.g., a CTG) meet 

EPA’s 5 percent policy, and demonstrating that all source categories 

exempted from a RACM/BACM rule are de minimis according to EPA’s 

RACM/BACM policy. 

 ADDITIONAL MATERIALS: Provide District staff reports and any other 

supporting information concerning development of the rule or rule changes. 

This information should explain the basis for all limits and thresholds 

contained in the rule. 
CALIFORNIA AIR RESOURCES BOARD 

APCD/AQMD RULE EVALUATION FORM – Page 1 

(Electronic Format) 

I. GENERAL INFORMATION

District: Santa Barbara County APCD

Rule No(s): 202 and 361 Date adopted/Amended/Rescinded: January 17, 2008

Rule Title(s): Rule 202: Exemptions to Rule 201; Rule 361: Small Boilers, Steam Generators, and Process Heater

Date Submitted to ARB: January 12, 2008

If an Amended Rule, Date Last Amended (or Adopted): Rule 202 last amended March 17, 2005

Is the Rule Intended to be Sent to the U.S. EPA as a SIP Revision? Yes No (If No, do not complete remainder 

of form)

District Contact: Doug Grapple Phone Number: 805.961.8883 E-mail Address: GrappleD@sbcapcd.org

Narrative Summary of New Rule or Rule Changes: New Rule Amended Rule 

Rule 202 (Amended): The permit exemption cutoff for combustion equipment (other than internal combustion 

engines) has been lowered from heat inputs of less than 5 million (MM) British thermal units (Btu) per hour to 

less than or equal to 2 MMBtu per hour (Rule 202.G.1).

Rule 361 (New): New or modified boilers, steam generators, and process heaters with heat inputs in the range 

of greater than 2 MMBtu per hour to less than 5 MMBtu per hour will be subject to Rule 361. The major 

provisions of Rule 361 are:

1. Any affected new or modified unit must meet an oxides of nitrogen (NOx) emission limit of 30 parts per 

million by volume (ppmv) at 3 percent oxygen and a carbon monoxide (CO) emission limit of 400 ppmv at 3 

percent oxygen.

2. Any existing unit must meet the above NOx and CO emission limits by January 1, 2020.

3. A low use exemption is included for existing units with an annual heat input (from all fuel) of 1.8 billion 

British thermal units or less per calendar year. For facilities with existing units that apply for this low use 

exemption, fuel meters must be installed no later than December 31, 2016.

This rule does not require that existing units be immediately replaced or retrofitted with controls upon adoption. 

Rather this rule includes a sunset clause. Facilities with existing units have until January 1, 2020 to comply with 

this rule.

Pollutant(s) Regulated by the Rule (Check): ROG (NOx) SO2 

 (CO) PM TAC (name): 

II. EFFECT ON EMISSIONS

Complete this section ONLY for rules that, when implemented, will result in quantifiable changes in emissions. Attach reference(s) for emission 

factor(s) and other information. Attach calculation sheet showing how the emission information provided below was determined. 

Net Effect on Emissions: Increase Decrease N/A 

Emission Reduction Commitment in SIP for this Source Category: 0.0467 tons per year of NOx (Calendar Year 2020); 

no estimated reduction for CO.
CALIFORNIA AIR RESOURCES BOARD 

APCD/AQMD RULE EVALUATION FORM - Page 2 

(Electronic Format) 

Inventory Year Used to Calculate Changes in Emissions: 2002 Area Affected: Santa Barbara County

Future Year Control Profile Estimate (Provide information on as many years as possible): 

The point source emission inventory data shows there are 34 known units that will eventually provide emission 

reductions due to compliance with Rule 361. Only one area source (EIC 06003001100000, CES 58743) is expected to 

be affected by the Rule 361 requirements. Staff assumed that existing units would become subject to the rule 

requirements at a rate of 1 percent per year untill the year 2020, at which time 100 percent of the existing units would 

become sujbect to the rule. Staff estimates that 25% of the units will be eligible for the low use exemption (<1.8 billion 

Btu/yr heat input rate). 

Activity indicators, growth factors, compliance factors, implementation factors, and control levels are included in the 

calculation spreadsheets. 

Baseline Inventory in the SIP for the Control Measure: 0.4354 tons per day of NOx

Emissions Reduction Commitment in the SIP for the Control Measure: 0.0467 tons per day of NOx with 100 percent of 

rule implementation in the year 2020.

Revised Baseline Inventory (if any): N/A

Revised Emission Reduction Estimate (if developed): N/A

Note that the district’s input to the Rule Evaluation Form will not be used as input to the ARB’s emission forecasting and planning. 

III. SOURCES/ATTAINMENT STATUS

District is: Attainment Nonattainment Split 

Approximate Total Number of Small (<100 TPY) Sources Affected by this Amendment: 14

Percent in Nonattainment Area: 100% 

Number of Large (> 100 TPY) Sources Controlled: 6 Percent in Nonattainment Area: 100% 

Name(s) and Location(s) (city and county) of Large (> 100 TPY) Sources Controlled by Rule (Attach additional sheets as 

necessary): 

Celite Corporation SSID 00027 Lompoc, Santa Barbara County

Venoco - Ellwood SSID 01063 Goleta, Santa Barbara County

Greka Oil & Gas, Inc. SSID 02200 Santa Maria, Santa Barbara County

Greka Oil & Gas, Inc. SSID 02658 Santa Maria, Santa Barbara County

Greka Oil & Gas, Inc. SSID 02680 Santa Maria, Santa Barbara County

Southern California Gas Company SSID 01519 Goleta, Santa Barbara County

IV. EMISSION REDUCTION TECHNOLOGY

Does the Rule Include Emission Limits that are Continuous? Yes No 

If Yes, Those Limits are in Section(s) D.1 of the Rule. 
CALIFORNIA AIR RESOURCES BOARD 

APCD/AQMD RULE EVALUATION FORM - Page 3 

(Electronic Format) 

Other Methods in the Rule for Achieving Emission Reductions are: 

V. OTHER REQUIREMENTS

The Rule Contains: 

Emission Limits in Section(s): D.1 Work Practice Standards in Section(s): 

Recordkeeping Requirements in Section(s): G Reporting Requirements in Section(s): H

VI. IMPACT ON AIR QUALITY PLAN

 No Impact Impacts RFP Impacts attainment 

Discussion: Impacts attainment in a positive way in that NOx emissions shall be decreased.



Santa Barbara County APCD Rule 361 361 - 1 January 17, 2008 

 RULE 361. SMALL BOILERS, STEAM GENERATORS, AND PROCESS HEATERS. (Adopted 

January 17, 2008) 

A. Applicability 

This rule shall apply to any boiler, steam generator, and process heater with a rated heat input capacity of 

greater than 2 million British thermal unit per hour and less than 5 million British thermal unit per hour. 

B. Exemptions 

1. The provisions of this rule shall not apply to: 

 

a. process heaters, kilns, furnaces, and dryers, where the products of combustion come into 

direct contact with the material to be heated. 

b. equipment that does not require a permit under the provisions of Rule 202.G. 

c. existing units until March 15, 2016. 

2. Section D requirements shall not apply to any dual fuel unit while forced to burn nongaseous fuel 

during times of public utility imposed natural gas curtailment. This exemption shall not exceed 

168 cumulative hours of operation per calendar year excluding equipment testing time not 

exceeding 24 hours per calendar year. 

C. Definitions 

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

shall apply: 

“Annual Heat Input” means the total heat input of fuels burned by a unit in a calendar year, as determined 

from the higher heating value and cumulative annual usage of each fuel. 

“Boiler or Steam Generator” means any combustion equipment permitted to be fired with liquid and/or 

gaseous and/or solid fossil fuel, used to produce steam or to heat water. Boiler or Steam Generator does 

not include any unfired waste heat recovery boiler that is used to recover sensible heat from the exhaust of 

any combustion equipment. 

“Existing Unit” means any unit installed prior to January 17, 2008 which is not a modified unit as defined 

herein. 

“Higher Heating Value (HHV)” means the total heat liberated per mass of fuel burned (British thermal 

unit per pound), when fuel and dry air at standard conditions undergo complete combustion and all 

resulting products are brought to their standard states at standard conditions. 

“Modified Unit” means any unit that has a burner or burners replaced or where the unit is replaced in its 

entirety on or after January 17, 2008. Modified units are considered new units. 

“New Unit” means any unit that is not an existing unit. A modified unit is considered a new unit. 

“Process Heater” means any external combustion equipment permitted to be fired with liquid and/or 

gaseous fuel and/or solid fuel which transfers heat from combustion gases to water or process streams. 

Process Heater does not include any kiln or oven used for drying, baking, curing, cooking, calcinating or 

vitrifying or any unfired waste heat recovery heater that is used to recover sensible heat from the exhaust of 

any combustion equipment. 
Santa Barbara County APCD Rule 361 361 - 2 January 17, 2008 

“Rated Heat Input Capacity” (million British thermal units per hour) means the heat input capacity 

specified on the manufacturer’s nameplate of the combustion unit. If the combustion unit has been 

physically modified such that its maximum heat input is different than the heat input capacity specified on 

the nameplate, the modified maximum heat input shall be considered as the rated heat input. The new 

maximum heat input must be certified, in writing, by the manufacturer or installer and engineering 

calculations supporting the new maximum heat input rating must be submitted to and approved by the 

District. The District may require the modified maximum heat input capacity to be demonstrated by a fuel 

meter while operating the unit at maximum capacity. 

“Unit” means any boiler, steam generator, or process heater. 

“Utility Natural Gas” means natural gas supplied by a public gas utility company that meets Public Utility 

Commission quality pipeline standards as specified in General Order 58-A. 

D. Requirements – Emission Standards 

1. No owner or operator shall operate any new or modified unit or, after January 1, 2020, any existing 

unit, in excess of the following limits, subject to Section D.2 below: 

a. Oxides of Nitrogen emissions shall not exceed 30 parts per million by volume at 3 percent 

oxygen. 

b. Carbon Monoxide emissions shall not exceed 400 parts per million by volume at 3 percent 

oxygen. 

2. The provisions of Section D.1 shall not apply to any existing unit that meets the following: 

a. The existing unit operates with an annual heat input, from all fuels, at or below 1.8 billion British 

thermal units per calendar year as verified by a District approved non-resettable temperature and 

pressure corrected totalizing fuel meter that is installed no later than December 31, 2016; and 

b. The owner or operator implements the District approved Rule 361 Compliance Plan required 

under Section K.3 for the life of the unit; and 

c. The owner or operator demonstrates to the Control Officer compliance with the requirements 

specified in Sections F, G, H and I. 

E. Requirement - Loss of Low Use Exemption 

Any owner or operator of any existing unit claiming the Section D.2 low use exemption where the unit’s 

annual heat input in any calendar year exceeds 1.8 billion British thermal units shall comply with the 

following: 

1. Within 120 days after the end of the calendar year during which the unit exceeded 1.8 billion British 

thermal units of annual heat input, submit an Authority to Construct permit application for installation 

of control equipment or a replacement unit; and 

2. Within 365 days after the end of the calendar year during which the unit exceeded 1.8 billion British 

thermal units of annual heat input, demonstrate to the Control Officer and maintain compliance with 

Section D.1 for the life of the unit; and 

3. Maintain compliance with requirements of Section D.2 until compliance with Section D.1 is achieved. 
Santa Barbara County APCD Rule 361 361 - 3 January 17, 2008 

F. Requirements – Compliance Determination 

1. Any owner or operator of any unit fired exclusively on utility natural gas and any unit subject to 

Section D.2 shall be tuned-up pursuant to the requirements of Section I. The District may, at its 

discretion, require any owner or operator of any unit subject to this rule to perform a source test per 

the test methods listed in Section J. An owner or operator may choose to comply with this section by 

performing District-approved source testing in lieu of tune-ups. 

2. Except for units subject to Section D.2, any owner or operator of any unit not fired exclusively on 

utility natural gas shall perform District-approved source testing not less than once every 24 months 

using the source test methods listed in Section J. After the third required compliance source test, the 

District may, at its discretion, allow the owner or operator of the unit to perform tune-ups in lieu of 

source testing per the requirements of Section I. 

3. All emission determinations shall be made in the as-found operating condition, except no compliance 

determination shall be established during unit start up, shutdown, or under breakdown conditions. 

Start up or shutdown intervals shall not last longer than is necessary to reach stable temperatures and 

conditions. 

4. Any owner or operator of any unit found not to be in compliance with Section D.1 requirements as a 

result of the tune-up procedure shall notify the District in writing within 7 days. The notification shall 

include a copy of the Rule 361 Tune-Up Report, the actions taken to get the unit into compliance, and 

the next steps to achieve compliance. Failure to bring the unit into compliance with the requirements 

of Section D.1 within 15 days of the initial tune-up attempt shall constitute a violation of this rule. 

G. Requirements – Recordkeeping 

All owners or operators of units subject to this Rule shall keep all records listed below onsite for a period of 

five years and be made available to District upon request. 

1. Maintain Rule 361 Tune-Up Reports and test-firing records. 

2. Source test reports. 

3. For existing units subject to Section D.2: 

a. Monthly and annual fuel use logs for each fuel type. 

b. Meter calibration records.

4. Records of emergency non-gaseous fuel use per Section B.2. These records shall include the dates, 

operating hours, and volumes of non-gaseous fuel used and documentation of fuel sulfur content. 

H. Requirements – Reporting 

1. The records required pursuant to Section G shall be submitted to the District by March 1st for the prior 

calendar year. 

2. Source test reports shall be submitted to the District within 45 days of test completion. 

I. Requirements – Unit Tuning

The owner or operator of any unit subject to the tune-up requirements of this rule shall comply with the 

following requirements: 
Santa Barbara County APCD Rule 361 361 - 4 January 17, 2008 

1. Perform tuning at least twice per year, (at intervals from 4 to 8 months apart) in accordance with 

the procedures described in the attached District Rule 361 Tune-Up Procedures. Units subject to 

Section D.1 emission standards shall follow the procedure requirements to measure oxides of 

nitrogen and carbon monoxide levels using a District-approved calibrated portable analyzer. 

2. If the unit does not operate throughout a continuous six-month period within a calendar year, then 

only one tune-up is required for that calendar year. 

3. No tune-up is required during a calendar year for any unit that is not operated during that calendar 

year; this unit may be test fired to verify availability of the unit for its intended use but once test 

firing is completed it shall be shutdown. If test firing exceeds 24 hours per year, then tune-ups 

shall follow the requirements of Section I.1. 

J. Requirements - Source Testing

1. The owner or operator of any unit subject to this Rule shall perform an initial source test on each 

unit at the time of installation and modification to verify compliance with the oxides of nitrogen 

and the carbon monoxide emission limits of Section D.1.a and D.1.b. After the initial source test, 

source tests shall be performed biennially to demonstrate compliance with Section D.1.a and 

Section D.1.b. For facilities with more than 10 units subject to Section D.1.a and Section D.1.b 

requirements, the Control Officer may, on a case-by-case basis, approve an alternate source test 

schedule for up to one half of the units every other year. Such a request shall be submitted with 

the Plan required in Section J.2. 

2. The owner or operator of any unit subject to this Rule shall submit a Source Test Plan to the 

District and obtain District written approval prior to the start of any source test. The draft Plan 

shall be filed with the District at least 30 days before the start of each source test. The District 

shall be notified of the date of source testing a unit at least 14 days prior to testing to arrange a 

mutually agreeable test date. 

3. Source testing shall be performed by a source test contractor certified by the Air Resources Board. 

District required source testing shall not be performed by an owner or operator unless approved by 

the Control Officer. 

4. The owner or operator of any unit subject to source test requirements of this rule shall use the test 

methods and procedures below: 

a. Oxides of Nitrogen: Environmental Protection Agency Method 10 or Air Resources Board 

Method 100. 

b. Carbon monoxide: Environmental Protection Agency Method 7E or Air Resources Board 

Method 100. 

c. Fuel rate: District-approved metering system, calibrated within 60 calendar days of the 

test date. Public Utility Company regulated fuel meters relied on by operators for testing 

may be allowed an alternative calibration schedule upon approval by the Control Officer. 

Results must be corrected for pressure and temperature to standard conditions. 

d. Determination of the stack gas smoke-spot number using one of the following methods: 

 

1. American Society of Testing and Materials ASTM D 2156-94 (2003), 

“Standard Test Method for Smoke Density in Flue Gases from Burning 

Distillate Fuels”, American Society of Testing and Materials International. 

2. Bacharach True Spot® Smoke Test Kit. 
Santa Barbara County APCD Rule 361 361 - 5 January 17, 2008 

3. Alternative methods for determining the stack gas smoke-spot number 

approved by the Control Officer in writing. 

e. Any alternative source test method approved in writing by the Control Officer that is found 

to be comparable in accuracy to the procedure in this Section and approved by the Air 

Resources Board and the Environmental Protection Agency. 

f. At a minimum, three 30 minute test runs shall be performed for compliance with Sections 

J.4.a and J.4.b. The average concentration from the three test runs shall be used for 

determining compliance. 

K. Compliance Schedule

The owner or operator of any unit subject to this rule shall meet the following compliance schedule: 

1. Existing units shall apply for a Permit to Operate by April 16, 2008 in accordance with Rule 202. 

2. Obtain an Authority to Construct permit prior to installation or modification of any new or modified 

unit. 

3. The owner or operator of any unit requesting the low use exemption in Section D.2 shall comply with 

the requirement to submit a Rule 361 Compliance Plan for District review and approval prior to 

March 15, 2016. The District approved fuel meters shall be installed by no later than December 31, 

2016. The Rule 361 Compliance Plan shall include: 

a. The company name, District Facility ID number, facility address, current operating permit 

number, facility contact information. 

b. A list of all subject units with their rated heat input capacity, District Device ID number, 

anticipated annual heat input. 

c. For gaseous fuels, the proposed non-resettable temperature and pressure corrected 

totalizing fuel meter(s) specifications. For liquid fuels, the proposed non-resettable 

totalizing fuel meter(s) specifications. For solid fossil fuels, provide the methods of fuel 

throughput monitoring to be used that will achieve the same level of fuel monitoring 

accuracy as the meters required for the measurement of gaseous and liquid fuels described 

above. Include the fuel meter manufacturer, model number, technical brochure, and 

manufacturer recommended calibration schedule. 

d. For each unit, identify which Rule 361 Tuning Procedure will be used (see Attachment). 

4. On or before January 30, 2019, the owner or operator of any existing unit shall: 

a. For units subject to Section D.1 emission standards, apply for an Authority to Construct 

permit. 

b. For units subject to the Section D.2 low use provision, provide the annual fuel heat input 

data for years 2017 and 2018. 

5. On or before January 1, 2020, the owner or operator of any unit shall demonstrate final compliance 

with this Rule. 

L. Rule Effective Date

 This rule is effective January 17, 2008.
THIS PAGE INTENTIONALLY LEFT BLANK
Santa Barbara County APCD Rule 361 A - 1 January 17, 2008 

ATTACHMENT

SBCAPCD Rule 361 Tune-Up Procedures1 

 

PROCEDURE A 

Equipment Tuning Procedure for Forced Draft-Fired Equipment2

Nothing in this Equipment Tuning Procedure shall be construed to require any act or omission that 

would result in unsafe conditions or would be in violation of any regulation or requirement 

established by Factory Mutual, Industrial Risk Insurers, National Fire Prevention Association, the 

California Department of Industrial Relations (Occupational Safety and Health Division), the Federal 

Occupational Safety and Health Administration, or other relevant regulations and requirements. 

As used in this procedure, the requirement to measure Oxides of Nitrogen (NOx) readings is only 

required if the unit being tuned is subject to the requirements of Section D.1 (i.e., 30 ppmvd at 3 % 

oxygen [O2]). Only District-approved portable NOx and CO analyzers may be used. The analyzer 

shall be calibrated per ASTM Test Method D-6522-00 (reapproved 2005) prior to each use. 

Calibration records shall be submitted as part of the Rule 361 Tune-Up Report. Analyzer readings 

shall be taken pursuant to ASTM Test Method D-6522-00 (reapproved 2005). Steps in the Tune-Up 

Procedure below not applicable to specific units may be omitted. 

 

1. Operate the unit at the firing rate most typical of normal operation. If the unit experiences 

significant load variations during normal operation, operate it at its average firing rate. 

 

2. At this firing rate, record stack gas temperature, oxygen concentration, and carbon monoxide 

concentration and NOx concentration (also record the smoke-spot number3 for liquid fuels 

only) and the observed flame condition after unit operation stabilizes at the firing rate 

selected. Note these readings in the Rule 361 Tune-Up Report as the “Initial As-Found 

Conditions”. If the excess oxygen in the stack gas is at the lower end of the range of typical 

minimum values4

, and if the carbon monoxide emissions are low and there is not smoke, the 

unit is probably operating at near optimum efficiency - at this particular firing rate. 

However, complete the remaining portion of this procedure to determine whether still lower 

oxygen levels are practical. For units subject to Section D.1, note whether the NOx and 

carbon monoxide values comply with the applicable limits. 

 ______________________________ 

1. These Rule 361 tune-up procedures differ from SCAQMD Rule 1146.1 and Ventura Rule 74.15.1 (e.g., 

NOx (as NO2) readings are required to be taken in addition to the CO reading if the unit is subject to 

Section D.1). 

2. This tuning procedure is based on a tune-up procedure developed by KVB, Inc. for the EPA. 

3. The smoke-spot number can be determined with American Society of Testing and Materials ASTM Test 

Method D-2156-94 (2003), “Standard Test Method for Smoke Density Flue Gases from Burning Distillate 

Fuels,” American Society of Testing and Materials International or with the Bacharach method. 

4. Typical minimum oxygen levels for boilers at high firing rates are: 

a. For natural gas: 0.5% - 3% 

b. For liquid fuels: 2% - 4% 
Santa Barbara County APCD Rule 361 A - 2 January 17, 2008 

3. Increase combustion air flow to the furnace until stack gas oxygen levels increase by one to 

two percent over the level measured in Step 2. As in Step 2, record the stack gas 

temperature, oxygen concentration, carbon monoxide concentration, NOx concentration (also 

record the smoke-spot number5

 for liquid fuels only), and the observed flame condition for 

these higher oxygen levels after boiler operation stabilizes. 

4. Decrease combustion air flow until the stack gas oxygen concentration is at the level 

measured in Step 2. From this level gradually reduce the combustion air flow, in small 

increments. After each increment, record the stack gas temperature, oxygen concentration, 

carbon monoxide concentration, NOx concentration, smoke-spot number (for liquid fuels) 

and the observed flame condition. 

5. Continue to reduce combustion air flow stepwise, until one of these limits in reached: 

a. Unacceptable flame conditions - such as flame impingement on furnace walls or 

burner parts, excessive flame carryover, or flame instability. 

b. Stack gas carbon monoxide concentrations greater than 400 ppmvd or NOx 

concentrations greater than 30 ppmvd (as corrected to 3% O2). 

c. Smoking at the stack. 

d. Equipment-related limitations - such as low windbox/furnace pressure differential, 

built in air-flow limits, etc. 

6. Develop an oxygen/carbon monoxide curve (for gaseous fuels) or oxygen/smoke curve (for 

liquid fuels) similar to those shown in Figures 1 and 2 using the excess oxygen, carbon 

monoxide or smoke-spot number data obtained at each combustion air flow setting. 

 

7. From the curves prepared in Step 6, find the stack gas oxygen levels where the carbon 

monoxide emissions or smoke-spot number equal the following values: 

Fuel Measurement Value 

Gaseous carbon monoxide Emissions 400 parts per million 

#1 & #2 oils smoke-spot number number 1 

#4 oil smoke-spot number number 2 

#5 oil smoke-spot number number 3 

Other oils smoke-spot number number 4 

The above conditions are referred to as carbon monoxide or smoke threshold, or as the 

minimum excess oxygen level. 

 ______________________________

5. The smoke-spot number can be determined with American Society of Testing and Materials ASTM Test 

Method D-2156-94 (2003), “Standard Test Method for Smoke Density Flue Gases from Burning Distillate 

Fuels,” American Society of Testing and Materials International or with the Bacharach method. 
Santa Barbara County APCD Rule 361 A - 3 January 17, 2008 

Compare this minimum value of excess oxygen to the expected value provided by the 

combustion unit manufacturer. If the minimum level found is substantially higher than the 

value provided by the combustion unit manufacturer, burner adjustments can probably be 

made to improve fuel and air mixing, thereby allowing operation with less air. 

8. Add 0.5 to 2.0 percent to the minimum excess oxygen level found in Step 7 and reset burner 

controls to operate automatically at this higher stack gas oxygen level. This margin above 

the minimum oxygen level accounts for fuel variations, variations in atmospheric conditions, 

load changes, and nonrepeatability or play in automatic controls. 

9. If the load of the combustion unit varies significantly during normal operation, repeat Steps 

1-8 for firing rates that represent the upper and lower limits of the range of the load. Because 

control adjustments at one firing rate may affect conditions at other firing rates, it may not be 

possible to establish the optimum excess oxygen level at all firing rates. If this is the case, 

choose the burner control settings that give best performance over the range of firing rates. If 

one firing rate predominates, settings should optimize conditions at that rate. 

10. Verify that the new settings can accommodate the sudden changes that may occur in daily 

operation without adverse effects. Do this by increasing and decreasing load rapidly while 

observing the flame and stack. If any of the conditions in Step 4 result, reset the combustion 

controls to provide a slightly higher level of excess oxygen at the affect firing rates. Next, 

verify these new settings in a similar fashion. Then make sure that the final control settings 

are recorded at steady-state operating conditions for future reference. 

11. Take a final combustion analysis for NOx concentration, carbon monoxide concentration and 

oxygen concentration. Note these readings, as well as the stack temperature and flame 

condition, in the Rule 361 Tune-Up Report as the “Final As-Tuned Conditions”. Confirm 

that the final settings result in compliance with the regulatory limits. If compliance with 

Section D.1 is not achievable, takes actions and provide notification to the District 

pursuant to the requirements of Section F.4. 

12. When the above checks and adjustments have been made prepare a Rule 361 Tune-Up 

Report. The report shall include all recorded data and combustion analysis data for the unit; 

the manufacturer, model number and serial number of the portable NOx/CO analyzer; the 

name, title, signature, company name, and contact information of person performing the tuneup; and date the tune-up was performed. The Rule 361 Tune-Up Report shall clearly indicate 

the “Initial As-Found Conditions” and the “Final As-Tuned Conditions” and shall (if 

applicable) state whether Section D.1 emission standards for NOx and carbon monoxide were 

met. Calibration records shall be submitted as part of the Rule 361 Tune-Up Report. 

NOTE

The owner/operator may propose an alternative tuning procedure that meets the same basic requirements 

of the procedure outlined above for District review and approval. The District may assess fees to 

reimburse its costs associated with the review of the alternative procedure using either Section I.C.d or 

Section III.C of Rule 210. District approval of the alternative tuning procedure must be obtained prior to 

its use. 
Santa Barbara County APCD Rule 361 A - 4 January 17, 2008 

Figure 1 

Oxygen/Carbon Monoxide Characteristic Curve 

Figure 2

Oxygen/Smoke Characteristic Curve 
Santa Barbara County APCD Rule 361 A - 5 January 17, 2008 

PROCEDURE B 

Equipment Tuning Procedure for Natural Draft-Fired Equipment 

Nothing in this Equipment Tuning Procedure shall be construed to require any act or omission that 

would result in unsafe conditions or would be in violation of any regulation or requirement 

established by Factory Mutual, Industrial Risk Insurers, National Fire Prevention Association, the 

California Department of Industrial Relations (Occupational Safety and Health Division) the Federal 

Occupational Safety and Health Administration, or other relevant regulations and requirements. 

As used in this procedure, the requirement to measure Oxides of Nitrogen (NOx) readings is only 

required if the unit being tuned is subject to the requirements of Section D.1 (i.e., 30 ppmvd at 3% 

oxygen [O2]). Only District-approved portable NOx and CO analyzers may be used. The analyzer 

shall be calibrated per ASTM Test Method D-6522-00 (reapproved 2005) prior to each use. 

Calibration records shall be submitted as part of the Rule 361 Tune-Up Report. Analyzer readings 

shall be taken pursuant to ASTM Test Method D-6522-00 (reapproved 2005). Steps in the Tune-Up 

Procedure below not applicable to specific units may be omitted. 

1. Preliminary Analysis 

a. Verify that the boiler, steam generator, or process heater (unit) is operating at the 

lowest pressure or temperature that will satisfy load demand. This pressure or 

temperature will be used as a basis for comparative combustion analysis before and 

after tune-up. 

b. Verify that the unit operates for the minimum number of hours and days necessary to 

perform the work required. 

c. Verify that the size of air supply openings is in compliance with applicable codes and 

regulations. Air supply openings must be fully open when the burner is firing and air 

flow must be unrestricted. 

d. Verify that the vent is in good condition, properly sized and free from obstruction. 

e. Perform an as-found (i.e., prior to any adjustments) combustion analysis for carbon 

monoxide concentration, NOx concentration, oxygen concentration and measure the 

stack temperature and note the flame condition at both high and low fire, if possible. 

Note these readings in the Rule 361 Tune-Up Report as the “Initial As-Found 

Conditions”. Also record the following: 

(1) Inlet fuel pressure at burner at high and low firing rates. 

(2) Pressure above draft hood or barometric damper at high, medium, and low 

firing rates. 

(3) Steam pressure, water temperature, or process fluid pressure or temperature 

entering and leaving the unit. 

(4) Inlet fuel use rate if meter is available. 
Santa Barbara County APCD Rule 361 A - 6 January 17, 2008 

2. CHECKS AND CORRECTIONS 

a. Clean all dirty burners or burner orifices. Verify that fuel filters and moisture traps 

are in place, clean, and operating properly. Confirm proper location and orientation 

of burner diffuser spuds, gas canes, etc. Replace or repair all damaged or missing 

burner parts. 

b. Remove external and internal sediment and scale from heating surfaces. 

c. Verify that the necessary water or process fluid treatment is being used. Confirm 

flushing and/or blowdown schedule. 

d. Repair all leaks. In addition to the high-pressure lines, check the blow-off, drain, 

safety valve, bypass lines, and, if used, the feed pump. 

3. SAFETY CHECKS 

a. Test primary and secondary low water level controls. 

b. Check operating and limit pressure and temperature controls. 

c. Check pilot safety shut off operation. 

d. Check safety valve pressure setting and verify that the setting is consistent with unit 

load requirements. 

e. Check limit safety control and spill switch. 

4. ADJUSTMENTS 

Perform the following checks and adjustments on a warm unit at high fire: 

a. Adjust unit to fire at the maximum inlet fuel use rate: record fuel manifold pressure. 

b. Adjust draft and/or fuel pressure to obtain acceptable, clean combustion at high, 

medium, and low firing rates. The carbon monoxide value should not exceed 400 

parts per million at 3% oxygen. 

c. Verify that unit light-offs are smooth and safe. Perform a reduced fuel pressure test 

at both high and low firing rates in accordance with the manufacturer’s instructions. 

d. Check and adjust the modulation controller. Verify proper, efficient, and clean 

combustion through the range of firing rates. 

When optimum performance has been achieved, record all data. 
Santa Barbara County APCD Rule 361 A - 7 January 17, 2008 

5. FINAL TEST

After adjustments, perform a final combustion analysis for carbon monoxide concentration, 

NOx concentration, oxygen concentration, and measure the stack temperature and note the 

flame condition on the warm unit at high, medium, and low firing rates, if possible. Note 

these readings in the Rule 361 Tune-Up Report as the “Final As-Tuned Conditions”. Also 

record the following: 

i. Inlet fuel pressure at burner at high and low firing rates. 

ii. Pressure above draft hood or barometric damper at high, medium, and low firing rates. 

iii. Steam pressure, water temperature, or process fluid pressure or temperature entering 

and leaving the unit. 

iv. Inlet fuel use rate if meter is available. 

 If the unit is subject the Section D.1 limits for NOx (30 ppmvd at 3% O2) and carbon 

monoxide (400 ppmvd at 3% O2), confirm that the final settings result in compliance with 

the regulatory limits. If compliance is not achievable, takes actions and provide 

notification to the District pursuant to the requirements of Section F.4. 

6. RULE 361 TUNE-UP REPORT

When the above checks and adjustments have been made, prepare a Rule 361 Tune-Up 

Report. The report shall include all recorded data and combustion analysis data for the 

unit; the manufacturer, model number and serial number of the portable NOx/CO 

analyzer; the name, title, signature, company name and contact information of person 

performing the tune-up; and date the tune-up was performed. The Rule 361 Tune-Up 

Report shall clearly indicate the “Initial As-Found Conditions” and the “Final As-Tuned 

Conditions” and shall (if applicable) state whether Section D.1 emission standards for 

NOx and CO were met. Calibration records shall be submitted as part of the Rule 361 

Tune-Up Report. 

NOTE

The owner or operator may propose an alternative tuning procedure that meets the same basic 

requirements of the procedure outlined above for review and approval by the Control Officer. The 

District may assess fees to reimburse its costs associated with the review of the alternative procedure 

using either Section I.C.d or Section III.C of Rule 210. Control Officer approval of the alternative tuning 

procedure must be obtained in writing prior to its use. 

Santa Barbara County APCD 

Response to Comments – Rule 361 $ Rule 202 4 - 1 January 17, 2008 

APCD RESPONSE TO PUBLIC COMMENTS 

PROPOSED RULE 361, SMALL BOILERS, STEAM 

GENERATORS, AND PROCESS HEATERS 

AND 

PROPOSED AMENDED RULE 202, EXEMPTIONS TO RULE 201 

(PERMITS REQUIRED)

As of December 19, 2007, the District has received and responded to the attached public comments on 

these proposed rules. 

Page 1 of 4 

RESPONSE TO PUBLIC COMMENTS 

August 28, 2007 Public Hearing - –Santa Barbara 

August 29, 2007 Public Hearing - Santa Maria 

Letters Received as of December 19, 2007 

NEW RULE 361 and PROPOSED AMENDED RULE 202 

# Comment from: Staff Response 1 UCSB EH&S – Ali Aghayan The APCD modeled this rule after the SCAQMD and Ventura rules. Both of these rules required 

years for units subject to the low-NOx emission standards and tuning twice per year for units qua

exemption. After meeting with UCSB and VAFB, the APCD decided to try a new approach that 

tuning twice a year in lieu of source once every two years if fueled by utility supplied natural gasthink it appropriate that a unit subject to the emission standards for the rule be subject to a less rigthan required for units subject to the low use exemption. 

2 VAFB – John Gilliland We are bringing this rule to the Board in December. 3 VAFB – John Gilliland Site specific concerns such as this are dealt with via the Source Test Plan process. 4 UCSB EH&S – Ali Aghayan Permitting costs will follow the existing Rule 210 fee schedule. Specifically, an application filing 

be required for each permit being issued and a permit fee will be assessed per Schedule A.3 (Fue

These are the standard fees assessed for this category of equipment. 

5 UCSB Housing – Mark Rousseau The CAP projects about 17 tons per year (0.0467 tons per day) NOx reduction. 6 So Cal Gas – Jim Fox No. Existing units need to apply for a Permit to Operate within 90 days of rule adoption (Ref: Ru7 WSPA - Kevin Wright The permit will follow the basic APCD permit structure and will include the emission, operationa

recordkeeping and reporting requirements. Emission and operational limits will be based on the unit (unless otherwise requested). For these existing small units, the owner will be given three op

use of a fuel meter, (2) via tracking of actual hours of operation through a centralized electronic massuming full load for each hour, or (3) by accepting the assumption that he unit operate 8760 ho

8 WSPA - Kevin Wright Section F.4 provides the detailed process for achieving compliance. One can also apply for a var9 VAFB – John Gilliland The list will be posted on our website. In consultation with ARB, the APCD has defined a standa
Page 2 of 4 

# Comment from: Staff Response 

can qualify for inclusion on the list. This standard is ASTM D 6522. We have identified at least ASTM method. These analyzers, along with basic approval instructions, will be posted on the ab

10 VAFB – John Gilliland Section I.3 is an annual number. 11 VAFB – John Gilliland It is currently being drafted and will be available after in-house and county counsel review. 12 VAFB – John Gilliland This test is only for liquid fueled units. 13 VAFB - John Gilliland See sections F.1 and F.2. 14 So Cal Gas – Jim Fox Only a Permit to Operate is required if no modifications or replacement is involved. 15 UCSB Housing – Mark Rousseau No. See item 7 above. 16 Venoco - Laura Kranzler See Section K of the rule. The staff report will include a rule compliance schedule and a flow ch17 Greka – Al Wedderburn Yes, low NOx units are available for retrofit instead of replacing the entire unit. 18 ULA (at VAFB) – Rhonda Cardinal See item 16 above 19 ULA (at VAFB) – Rhonda Cardinal See item 7 above. 20 Greka – Al Wedderburn Cogeneration units that use fired boilers are subject to this rule. 21 Greka – Ramzi Chaabune The applicability of Rule 361 for units that have already received an ATC permit will be determi

installation and not the date of rule adoption. Installation means that the unit is in place, hooked 

Existing units requiring a permit per the Rule 202 revision are exempt from NSR per Rule 801.B 

22 Greka – Ramzi Chaabune See item 21 above 23 VAFB – Kim Harding If a unit is installed after the date of rule adoption, it is a new unit and needs to comply with this 24 Greka – Al Wedderburn Yes. We have received comments from EPA (and CARB) stating that they believe that the 2020 

seems too long/extended. 

25 VAFB – Kim Harding No. See item 7 above . 
Page 3 of 4 

# Comment from: Staff Response 

26 ULA (at VAFB) – Rhonda Cardinal See item 7 above 27 VAFB – Dave Savinsky We used draft Rule 333 as the basis. See item 41 below. 28 Entrix – Kevin Wright The APCD will continue to apply its stacking policy when the exemption threshold is lowered to 

Stacking is a “permitting” issue only. If a company installs two 1.8 MM Btu/hr boilers and the sy

that both units may be operated concurrently (i.e., the design heat input is greater than 2.0 MM Brequired. If the second unit is solely a backup unit and the design criteria for the system is less th

times), then a permit will not be required. In either case, the boiler rule that applies is determined 

individual unit (in this case, all would be subject to Rule 360 standards). 

29 Greka – Ramzi Chaabane Any unit installed after the date of rule adoption would need to comply with the emission standar

it would be treated as a new unit. See item 21 above. 

30 Greka – Ramzi Chaabane The unit would be considered new since a permit had not yet been issued nor had the unit been in

above. 

31 Greka – Ramzi Chaabane For the purposes of Rule 361, moving an existing unit and installing it at a new location within a 

unit to meet the emission standards of Rule 361. The key is that you will be installing the boiler intent of Rule 361 is to make sure that new or modified installations (including replacements) me

That is why we are allowing for a long lead time for existing units that remain in place. 

32 ULA (at VAFB) – Harley Santos The compliance Section K has been revised to make this requirement clear. 33 ULA (at VAFB) – Harley Santos These sections refer to Sections D.1 and D.2, so we believe that they are clear. However, we hav

language to the Exemption Section B to make it clear that unaltered existing units are not subject Rule 361 until March 2016. 

34 VAFB – Dave Savinsky See item 7 above. 35 VAFB – Dave Savinsky That is correct. See item 7 above. 36 VAFB – Dave Savinsky Normal routine required maintenance to the unit does not trigger the requirements of Rule 361 on 

the boiler that extends the useful life of the unit may trigger the definition of being modified and case-by-case basis. 

37 VAFB – Dave Savinsky The APCD believes that 12 months is more than enough time to achieve compliance for small un

VAFB’s practice of warehousing backup units makes this requirement even more viable. 
Page 4 of 4 

# Comment from: Staff Response 

38 VAFB – Dave Savinsky Temperature and pressure corrected meter readings provide accurate fuel volume data using the A

and pressure standards. This ensures that data used to assess compliance with the low use exempand accurate. 

39 VAFB – Dave Savinsky Five years was chosen for this rules due to the emphasis of tuning (in lieu of source testing) as th

Given the limited amount of records required by this rule, we believe that this requirement is not 

40 VAFB – Dave Savinsky From a District-wide perspective it is important that these records be provided to the APCD once 

facilities enjoy the inspection frequency that VAFB has. Review of these records is not limited tsubmittal allows the APCD to fulfill its compliance review requirements. 

41 VAFB – Dave Savinsky This APCD has made the requested change. 42 VAFB – Dave Savinsky Site specific source test issues are handled via the Source Test Plan process. See item 3 above. 43 VAFB – Dave Savinsky That is correct. 44 VAFB – Dave Savinsky The tune-up report is a critical component of the alternative source test option. See item 1 above

experience with boiler tune up records is unfavorable. Given that this is a compliance based alter

is essential that records be maintained in the manner specified by the APCD. 

Questions 1 – 16: APCD Workshop August 28, 2007 Questions 17 – 27: APCD Workshop August 29, 2007 Question 28: Entrix E-Mail September 6, 2007 Questions 29-31: Greka E-Mail September 4, 2007 Questions 32-33: ULA letter September 19, 2007 Questions 34-44: VAFB letter September 13, 2007 
Santa Barbara County APCD 3-1 January 17, 2008 

Public Comments – Rule 361 & Rule 202 

PUBLIC COMMENTS 

PROPOSED RULE 361, SMALL BOILERS, STEAM 

GENERATORS, AND PROCESS HEATERS 

AND 

PROPOSED AMENDED RULE 202, EXEMPTIONS TO 

RULE 201 (PERMITS REQUIRED)

As of December 19, 2007, the District has received the attached public comments on these 

proposed rules. 

Page 1 of 4 

PUBLIC COMMENTS 

August 28, 2007 Public Hearing - – Santa Barbara 

August 29, 2007 Public Hearing- – Santa Maria 

Letters Received as of December 19, 2007 

NEW RULE 361 and PROPOSED AMENDED RULE 202 

# Comment from: Comment 1 UCSB EH&S – Ali Aghayan Why is tuning required 2 times per year? 2 VAFB – John Gilliland Why not delay the CAC until October? 3 VAFB – John Gilliland Section J.4.f. – One cannot always get a 30 minute test run. Any flexibility here? Somet4 UCSB EH&S – Ali Aghayan Will the cost of permitting be like that of larger boilers? 5 UCSB Housing – Mark Rousseau What is the added emission reduction? 6 So Cal Gas – Jim Fox We don’t have to apply for permits until 2016? 7 WSPA - Kevin Wright What requirements will be in the permit when Rule 202 exemption goes away? 8 WSPA - Kevin Wright Regarding the tuning procedure. What are the compliance implications? What if you fin9 VAFB – John Gilliland Section K.1. Do we have the list of APCD approved analyzers? 

10 VAFB – John Gilliland Section I.3. Boiler tuning. 24 hours per year is annual? 11 VAFB – John Gilliland When will the staff report be available? 12 VAFB – John Gilliland What is a smoke spot test? 13 VAFB - John Gilliland What about units that don’t use utility natural gas? 
Page 2 of 4 

# Comment from: Comment 

14 So Cal Gas – Jim Fox Unsure of what will be required of existing units. 15 UCSB Housing – Mark Rousseau Are facilities required to install fuel meter now? 16 Venoco - Laura Kranzler Is there a compliance schedule available? 17 Greka – Al Wedderburn Can units be retrofitted as opposed to be replaced to meet the rule requirements? 18 ULA (at VAFB) – Rhonda Cardinal What is the compliance schedule? 19 ULA (at VAFB) – Rhonda Cardinal What will be in the permit? Content, requirements? 20 Greka – Al Wedderburn What about cogen units? 21 Greka – Ramzi Chaabune What about the replacement of old units with a new rule in progress? What happens with 22 Greka – Ramzi Chaabune We have an ATC into the APCD for non-installed units (totaling 4.5 MM Btu). Is the un23 VAFB – Kim Harding What about units that have been purchased but not installed? We have several boilers in 24 Greka – Al Wedderburn Can EPA require stricter requirements? 25 VAFB – Kim Harding Are fuel meters required for Section D.1 units? 26 ULA (at VAFB) – Rhonda Cardinal What conditions will be in the PTO? 27 VAFB – Dave Savinsky How did we come up with the number 20 for Section J.1 (multiple units eligible for an al

one half of the units every other year)? 

28 Entrix – Kevin Wright Question regarding stacking of units. 29 Greka – Ramzi Chaabane Greka has 2 ATCs for external combustion units but the units have not been installed yet

adoption would emission limits apply to them or would they be considered existing units

30 Greka – Ramzi Chaabane If an application is submitted but an ATC has not been received yet would the unit be con
Page 3 of 4 

# Comment from: Comment 

31 Greka – Ramzi Chaabane If a permitted unit is moved within a stationary source would it still be considered an exis32 ULA (at VAFB) – Harley Santos Make it clear that existing units must apply for a Permit to Operate upon rule adoption. 33 ULA (at VAFB) – Harley Santos Add additional compliance dates to Sections G through J. 34 VAFB – Dave Savinsky Provide details regarding the permit conditions that will accompany SBCAPCD-issued P35 VAFB – Dave Savinsky At the 5 September 2007 meeting between VAFB and SBCAPCD, SBCAPCD stated tha

required to install fuel meters. Because the units are not metered, the emissions limits wo

36 VAFB – Dave Savinsky Rule 361 defines a modified unit to mean any unit that has a burner or burners replaced o

entirety on or after the rule adoption date. Modified units are considered new units. VAF

electrical systems, refractory linings, fasteners used to secure the burners, and other non-b

for the purposes of this rule. 

37 VAFB – Dave Savinsky VAFB requests the SBCAPCD revise the Rule 361 12-month compliance requirement to 38 VAFB – Dave Savinsky VAFB requests the SBCAPCD remove the temperature and pressure corrected portion an39 VAFB – Dave Savinsky Rule 361 requires records be maintained for a period of five years. Revise to three years40 VAFB – Dave Savinsky VAFB requests the remove all annual reporting requirements. Sources test reports are alr

District and VAFB is routinely inspected by the SBCAPCD. These records will be main

made available upon request. 

41 VAFB – Dave Savinsky Rule 361 provides flexibility on a source test schedule for facilities with more than 20 bo

lower this to ten (10) boilers. Source testing up to ten boilers in one year is challenging. 

to other SBCAPCD rule and permit-required source testing schedules. Lowering the boiloperational flexibility to ensure rule compliance 

42 VAFB – Dave Savinsky Rule 361 requires “At a minimum, three 30 minute test runs be performed for compliance 

requests the SBCAPCD revise to verbiage to state: “When operationally feasible, three 3for compliance with Sections J.4.a and J.4.b.” 

43 VAFB – Dave Savinsky At the 28 August 2007 workshop, the SBCAPCD confirmed that the stack gas smoke-spo
Page 4 of 4 

# Comment from: Comment 

fired units only and is not required for natural gas-fired or liquefied natural gas-fired unit

44 VAFB – Dave Savinsky VAFB requests the SBCAPCD remove the tune-up report requirement identified in Proce

Questions 1 – 16: APCD Workshop August 28, 2007 Questions 17 – 27: APCD Workshop August 29, 2007 Question 28: Entrix E-Mail September 6, 2007 Questions 29-31: Greka E-Mail September 4, 2007 Questions 32-33: ULA letter September 19, 2007 Questions 34-44: VAFB letter September 13, 2007 
Santa Barbara County APCD 1-1 January 17, 2008 

CEQA Findings – Rule 361 & Rule 202 

ATTACHMENT 1 

CEQA FINDINGS 

The Air Pollution Control District found that the potential environmental impacts of Rule 361, 

including the revision of Rule 202, were adequately described and analyzed in: 

• The program Environmental Impact Report (EIR) for the 1991 Air Quality Attainment Plan 

(AQAP) 

• The Final Supplemental Environmental Impact Report for 2004 Clean Air Plan 

The adoption and implementation of Rule 361 will not have significant adverse impacts on the 

environment. 

The Board finds that: 

• Pursuant to Section 15168 (e) of the California Environmental Quality Act 

(CEQA) this rulemaking activity is within the scope of the 2004 Clean Air 

Plan Supplemental EIR and the SEIR adequately describes the activity for the 

purposes of CEQA. 

• The 1991 AQAP EIR and the Final SEIR for 2004 Clean Air Plan were previously 

determined by this Board to have been completed in compliance with CEQA and were 

reviewed and considered by the Board prior to approval 

• Any subsequent changes to the project description during the public review 

period will undergo additional environmental review under the CEQA. 
Santa Barbara County APCD 2-1 January 17, 2008 

Rule Findings – Rule 361 & Rule 202 

ATTACHMENT 2 

 RULE FINDINGS FOR PROPOSED RULE 361 and PROPOSED AMENDED RULE 202 

Pursuant to California Health and Safety Code Section 40727, the Board makes the following 

findings for the adoption of Proposed New Rule 361, Small Boilers, Steam Generators, and 

Process Heaters, and the amendment of Rule 202, Exemptions to Rule 201 (Permits Required). 

Necessity

The Board determines that it is necessary to adopt Rule 361 and to amend Rule 202 to fulfill the 

commitment in the 2007 Clean Air Plan to implement control measures N-XC-4 for controlling 

oxides of nitrogen emissions from large water heaters and small boilers. 

Authority

The Board is authorized under state law to adopt, amend, or repeal rules and regulations pursuant 

to Health and Safety Code Section 40000, and 40725 through 40728 which assigns to local and 

regional authorities the primary responsibility for the control of air pollution from all sources 

other than exhaust emissions from motor vehicles. Additionally, pursuant to Health and Safety 

Code Section 40702, the District Board is required to adopt rules and regulations and to do such 

acts as are necessary and proper to execute the powers and duties granted to it and imposed upon 

it by State law. 

Clarity

The Board finds that proposed Rule 361 and amended Rule 202 are sufficiently clear. The rules 

were publicly noticed, and reviewed by the Community Advisory Council. The rules are written 

or displayed so that persons directly affected by them can easily understand their meaning. 

Consistency

The Board determines that proposed Rule 361 and amended Rule 202 are consistent with, and 

not in conflict with or contradictory to, existing federal or state statutes, court decisions, or 

regulations with regard to the control of NOx from small boilers, steam generators, and process 

heaters. 

The neighboring air pollution control districts such as Ventura County Air Pollution Control 

District and South Coast Air Quality Management District have adopted similar rules. Based on 

this evidence, the Board finds that the rules are consistent with neighboring air pollution control 

districts. 
Santa Barbara County APCD 2-2 January 17, 2008 

Rule Findings – Rule 361 & Rule 202 

Nonduplication

The Board finds that proposed Rule 361 (Emissions of Oxides of Nitrogen From Small Boilers, 

Steam Generators, and Process Heaters) does not impose the same restrictions as any existing 

state or federal regulation, and the proposed rule is necessary and proper to execute the powers 

and duties granted to, and imposed upon, the APCD. 

Reference

The Board finds that we have authority under state law to adopt Rule 361 to pursuant to Health 

and Safety Code Section 39002 which assigns to local and regional authorities the primary 

responsibility for the control of air pollution from all sources other than exhaust emissions from 

motor vehicles. Additionally, pursuant to Health and Safety Code Section 40702, the Board is 

required to adopt rules and regulations and to do such acts as are necessary and proper to execute 

the powers and duties granted to it and imposed upon it by State law. 

 Public Comment

Response to Comments

The Board has reviewed the response to comments included in Attachment 4 and hereby 

approves those responses to comments as findings.

THIS PAGE INENTIONALLY LEFT BLANK
Santa Barbara County APCD Rule 210 

CPI-Adjusted Fees Page 1 July 1, 2007 

Rule 210 Fees Adjusted for the Change in the 

California Consumer Price Indexa

Rule 210 Fee Rate 

Fee CPIAdjusted In Effect 

Schedule Section Fee July 1, 2007 

A. Facility/Equipment Description/Fee Schedule 

 1.a. Miscellaneous per equipment $56.9574 $56.95

 1.b. Minimum fee if only miscellaneous equipment $354.8648 $354.00b

 2. Electric Motor 

 Fee, per total rated horsepower $29.5309 $29.53

 Minimum Fee $56.5879 $56.58

 Maximum Fee $5,716.8401 $5,716.84

 3. Fuel Burning Equipment 

 Fee, per one million Btu/hour input (max. design fuel 

consumpt’n) $427.2595 $427.25

 Minimum Fee $56.5879 $56.58

 Maximum Fee $5,716.8401 $5,716.84

 4. Electrical Energy 

 Fee, per KVA rating in 10's $5.7426 $5.74

 Minimum Fee $56.5879 $56.58

 Maximum Fee $5,716.8401 $5,716.84

 5. Incinerator 

 Fee, per square feet of inside cross-section $71.1967 $71.19

 Minimum Fee $56.5879 $56.58

 Maximum Fee $2,857.7483 $2,857.74

 6. Stationary Container 

 Fee, per 1,000 gallons $3.2686 $3.26

 Minimum Fee $56.5879 $56.58

 Maximum Fee $2,857.7483 $2,857.74

 7. Dry Cleaning Equipment Fee, per each item of equipment $56.9574 $56.95

 8. Motor Vehicle Gasoline Fueling Facilities 

 Fee per nozzle $32.7549 $32.75

 Minimum Fee $227.6955 $227.69

 Facilities without Phase II vapor recovery nozzles $427.1139 $427.11

 9. Ethylene Oxide Sterilizer 

 250 pounds or less $2,278.3894 $2,278.38

 Over 250 pounds $5,696.6341 $5,696.63

 10. Rock Crusher Fee, per device $56.9574 $56.95

 11. Stacker Belt Fee, per stacker belt $56.9574 $56.95

B-1. Fee for Air Quality Plans (cost per ton) 

0 to ≤ 10 tons per year $0.0000 $0.00 

>10 to ≤ 25 tons per year $44.1508 $44.15

>25 to ≤ 100 tons per year $66.9204 $66.92

 > 100 tons per year $88.3019 $88.30

B-2. Fee for Air Toxics Program (cost per pound of air toxic emissions) 

 0 to 2,000 pounds per year $0.0000 $0.00 

 > 2,000 pounds per year $0.2798 $0.27 

B-3. Annual Emission Fees 

0 to ≤ 10 tons per year (total) $355.6932 $355.69

> 10 to ≤ 25 tons per year (cost per ton) $98.2650 $98.26
Rule 210 Fees Adjusted for the Change in the 

California Consumer Price Indexa

Santa Barbara County APCD Rule 210 

CPI-Adjusted Fees Page 2 July 1, 2007 

> 25 to ≤ 100 tons per year (cost per ton) $148.1139 $148.11

 > 100 tons per year (cost per ton) $196.5413 $196.54
Rule 210 Fees Adjusted for the Change in the 

California Consumer Price Indexa

Santa Barbara County APCD Rule 210 

CPI-Adjusted Fees Page 3 July 1, 2007 

Rule 210 Fee Rate 

Fee CPIAdjusted In Effect 

Schedule Section Fee July 1, 2007

C. Source Tests 

 Boiler or heater $1,459.8044 $1,459.80

 Piston type engine 

 one engine $1,459.8044 $1,459.80

 each additional engine $388.7952 $388.79

 Thermal oxidizer $1,459.8044 $1,459.80

 Wet scrubber (gaseous) $1,459.8044 $1,459.80

 Wet scrubber (particulate) $1,944.0328 $1,944.03

 Baghouse $1,944.0328 $1,944.03

 Gas Turbine $1,944.0328 $1,944.03

 Heater Treater $1,944.0328 $1,944.03

 Other $1,944.0328 $1,944.03

D. Sample and Laboratory Analysis Fee (cost per sample) 

 Sulfur in Fuel Oil $175.1486 $175.14

 Sulfur in Fuel Gas $281.5858 $281.58

 Btu in Fuel Gas $281.5858 $281.58

 Crude Oil TVP $444.6221 $444.62

 Coatings - Volatile Content $338.1851 $338.18

 Solvent Speciation $494.4822 $494.48

 Asphalt Analysis $281.5858 $281.58

 Asbestos Content $138.7666 $138.76

E. Fees for Asbestos Demolition and Renovation 

 Demolition only - less than 260 linear feet or 160 square feet $106.8175 $106.81

 Demolition and renovations 

 less than 500 linear or square feet $427.2595 $427.25

 500 to ≤ 1,000 linear or square feet $605.2852 $605.28

 >1,000 to ≤ 2,500 linear or square feet $811.8010 $811.80

 >2,500 to ≤ 5,000 linear or square feet $1,004.0548 $1,004.05

 > 5,000 to ≤ 10,000 linear or square feet $1,174.9610 $1,174.96

 > 10,000 linear or square feet $1,388.5851 $1,388.58

F. Schedule F 

 1. ATC/PTO Filing fee, per application $325.7592 $325.00 b

 2. Minimum PTO reevaluation fee $354.8648 $354.00 b

 3. Yearly PTO reevaluation fee - vehicle fueling facilities, per nozzle $19.9371 $19.93

 4. Additional reinspection fee for vehicle fueling facilities, per nozzle $19.9371 $19.93

 5. Fee for change in production rate, per permit $354.8648 $354.00 b

 6. Fee for administrative change, per permit $354.8648 $354.00 b

 7. Fee for cooling towers with hexavalent chromium $440.5921 $440.59

 8. Fee for cooling towers with hex. chromium, delayed compliance $141.4645 $141.46

 9. Annual atmospheric acidity protection program fee, per source $497.0347 $497.00 b

 10. Annual California Clean Air Act fee, per source $497.0347 $497.00 b

 11. Fee for written exemption $497.0347 $497.00 b
Rule 210 Fees Adjusted for the Change in the 

California Consumer Price Indexa

Santa Barbara County APCD Rule 210 

CPI-Adjusted Fees Page 4 July 1, 2007 

(Schedule F is continued on the next page.) 
Rule 210 Fees Adjusted for the Change in the 

California Consumer Price Indexa

Santa Barbara County APCD Rule 210 

CPI-Adjusted Fees Page 5 July 1, 2007 

Rule 210 Fee Rate 

Fee CPIAdjusted In Effect 

Schedule Section Fee July 1, 2007

F. Schedule F (continued) 

 12. Hearing Board Fee 

 12.a Filing Fee (fixed fee permit) 

 Emergency variance 

 Length of variance is 15 days or less $83.9585 $83.00 b

 Length of variance is more than 15 days $169.0365 $169.00 b

 Interim variance $197.0227 $197.00 b

 90 day variance $1,066.8336 $1,066.00 b

 Regular variance $1,066.8336 $1,066.00 b

 Additional fee/month for regular variance more than 3 mo. $390.7319 $390.73

 12.b Filing Fee (Reimbursable Permit) 

 Emergency $83.9585 $83.00 b

 Interim $490.3180 $490.00 b

 90 day variance $490.3180 $490.00 b

 Regular $490.3180 $490.00 b

 12.c Permit appeal filing fee, per petition $567.5599 $567.00 b

 12.d. Permit appeal hearing time, after first day for each two hours $284.2948 $284.29

 12.e. Excess emission fee, per ton $227.8522 $227.85

 

 

 

a

 The Rule 210 fees for fiscal year 2007/2008 shall be the “CPI-Adjusted Fee.” Assuming there are no fee 

revisions, this fee will be used to calculate future CPI fee increases. For purposes of administrative convenience for 

fiscal year 2007/2008, the District will charge the “Fee Rate,” which is the CPI-Adjusted Fee rounded down to the 

nearest cent or nearest dollar. The APCD revised the fees in accordance with Rule 210.V.C. These fees are 

effective July 1, 2007 and they are based on a California Consumer Price Index increase of 3.4 percent (April 2006 

to April 2007). The APCD calculated the CPI-adjusted fee rates shown in the table by applying the 3.4 percent CPI 

increase to the fiscal year 2006/2007 CPI-adjusted fee rates and rounding the results down to four decimal places. 

b The APCD rounded this fee down to the nearest dollar. 
Santa Barbara County APCD Rule 210 210 - 1 March 17, 2005 

RULE 210. FEES. (Adopted 10/18/1971, revised 5/1/1972, 6/16/1975, 6/1976 and 7/24/1978, readopted 

10/23/1978, revised 5/17/1980, 6/1980, 12/14/1981, 6/30/1986, 12/15/1986, 8/8/1988, 5/2/1989, 

12/12/1989, 2/13/1990, 3/27/1990, 6/5/1990, 12/18/1990, 3/5/1991, 5/7/1991, 4/17/1997, and 

3/17/2005) 

SCOPE AND PURPOSE 

This rule establishes the framework for a comprehensive system for recovering expenses incurred for the regulatory 

programs, plans, procedures and tasks necessary for the Santa Barbara County Air Pollution Control District (the 

District) to carry out its mandate under the Clean Air Act and California law. The purpose of this rule is to allow 

the District to recover its reasonable costs incurred for direct and incidental costs associated with its activities, 

including but not limited to the issuance of permits, inspection, enforcement, planning, research and administration. 

Authority to establish said regulation is provided for in Health & Safety Code Sections 41512, 41512.5, 42311, and 

42364. 

 I. FEES FOR SOURCES WITH DISTRICT PERMITS 

Permit related fees are assessed for District activities which are related to stationary sources requiring a District 

permit. The activities include, but are not limited to: review and evaluation of applications; reevaluation of 

permits; source testing; ambient air quality and continuous emissions monitoring; review, evaluation, 

implementation of plans, agreements, studies, programs and notices; research; planning and implementation of 

measures to attain and maintain air quality standards and control of air toxics. 

A. Filing Fee 

 

 The application filing fee for an Authority to Construct or a Permit to Operate is specified in item 

1 of Schedule F. 

B. Fee Schedule Basis 

 1. Evaluation Fee 

 The fee for processing any application for a new or modified Authority to Construct or Permit to 

Operate shall be calculated according to the Facility/Equipment Description (see Schedule A), 

except where (1) the application is for a source which the District determines has the potential to 

require offsets (or trade-offs), air quality impact analysis, computer modeling or monitoring 

pursuant to Regulation VIII, or (2) the application is for any of the categories of equipment listed 

below in (a) through (e), in which case the fee shall be assessed on the Cost Reimbursement Basis 

set forth in Section I.C., below. 

 a. Equipment associated with landfill or storage/treatment pond projects. 

 b. Equipment associated with resource recovery projects. 

 c. Equipment associated with energy cogeneration projects. 

 d. Equipment associated with power plant projects. 

 e. Other projects and the related equipment, determined by the District for good cause to 

require sufficient analysis such that the use of fee schedules shown in Attachment A will 

not enable the District to recover the cost of permit evaluation. 

 
Santa Barbara County APCD Rule 210 210 - 2 March 17, 2005 

 If an application is withdrawn or the District stops work on the processing of a permit at the 

request of the applicant, the applicant shall pay a percentage of the evaluation fees as determined 

by the District based on the work completed to date. 

 2. Reevaluation Fee 

 Every three years the District shall reevaluate a PTO to insure compliance by the operator with 

listed permit conditions and all applicable District Rules and Regulations. The fee shall be 

calculated in the same manner as the PTO evaluation fees prescribed in Section I.B.1., with the 

following exceptions: 

 a. The minimum triennial reevaluation fee for a stationary source is specified in item 2 of 

Schedule F to cover costs of District inspection visits as well as the engineering work 

related to the permits. 

 b. For motor vehicle fueling facilities equipped with Phase II vapor recovery nozzles, 

reevaluation of nozzles (and storage tanks) shall be on an annual basis; the minimum fee 

specified in item 2 of Schedule F shall not be applicable. The annual fee shall be 

calculated as specified in item 3 of Schedule F. If the equipment fails the first inspection, 

fees for any additional inspections shall be assessed specified in item 4 of Schedule F. 

The annual fee shall be paid within 30 days after notification by the District of the 

amount due. 

 c. Consecutive triennial reevaluations shall not be billed within any one 12 month 

consecutive period. 

 The fee for any stationary source, for which a valid PTO exists on the date of adoption of this 

rule, may be reevaluated on the basis of District cost reimbursement, as prescribed in Section I.C., 

if any of three conditions is satisfied: (1) the sum of the emissions of Reactive Organic 

Compounds, Oxides of Nitrogen, Gaseous Sulfur Compounds, and Particulate Matter from all 

equipment exceeds 25 tons per year, (2) the existing permit is for any category of equipment 

identified in Section I.B.1.a. through Section I.B.1.e., (3) a prior ATC, PTO or reevaluation was 

conducted under the provisions of Section I.C. (Cost Reimbursement). The next scheduled permit 

reevaluation date after adoption of this rule shall be the date for determining the permit 

reevaluation fee on the cost reimbursement basis. The District shall notify the permit holder of 

the deposit amount required and no permit reevaluation expenses shall be incurred until the 

deposit is received. The fee shall include any expenses for inspection, source testing or plan 

development that is part of the permit reevaluation. Subsequent to the first reevaluation on the 

cost reimbursement basis, all costs for District activities associated with the stationary source shall 

be charged to the permit holder on the basis of cost reimbursement. 

C. Cost Reimbursement Basis for Determining Fees 

 a. Reimbursable Costs 

 1) The applicant or permit holder shall reimburse the District for all "reimbursable 

costs," as defined below. 
Santa Barbara County APCD Rule 210 210 - 3 March 17, 2005 

 2) Reimbursable costs are defined as: 

 a) District Labor. District labor costs incurred as a result of time spent by 

District employees and County Counsel for conducting necessary work with 

regard to a permit application or permit. Hourly rates, including District 

overhead costs, and County Counsel rates shall be established by the County 

Auditor-Controller. The rates charged are those established for the dates when 

work is performed. 

 b) Overtime. Overtime costs reasonably incurred by the District. Overtime 

shall be charged at 1.50 times the base hourly rate. Overhead will be charged 

only on the base rate. Overtime shall only be charged to an application, permit 

or source upon which overtime effort is expended. 

 c) Contractors. Outside consultants and contractors. Outside consultants and 

contractors may be hired by the District, when necessary to assist in conducting 

the necessary work subject to the provisions below. 

 i. Prior to utilizing the services of any outside consultant, the 

District shall (a) notify the applicant or permit holder, in 

writing, of the reasons why an outside consultant will be 

retained and (b) provide the applicant or permit holder with 

the proposed scope of work and (c) identify the consultant 

proposed by the District. The applicant or permit holder shall 

have the right to review and comment on the scope of work 

and to propose no more than three (3) additional consultants 

or contractors; however, such consideration shall not require a 

competitive bidding process or a written decision by the 

District. If at any time the District deems it necessary to make 

additions, deletions or other modifications to the scope of 

work, the applicant or permit holder shall have the right to 

review, and provide comment on the modified scope of work. 

If the District elects not to revise the scope of work which an 

applicant or permit holder desires to revise, the District shall 

advise the applicant or permit holder in writing as to the 

reasons for the District's decision. 

 ii. All proposed contracts which are to be administered under the 

District's Cost Reimbursement Provisions will be 

competitively bid if requested in writing by the applicant or 

permit holder prior to an application being deemed complete. 

Requests for Proposals (RFPs) with respect to all proposed 

contracts will be sent to all bidders deemed qualified by the 

District. District costs for administering the bidding process 

are reimbursable costs. The applicant shall have the right to 

appeal the District's selection of and/or the need for a 

consultant or contractor within ten (10) days to the Air 

Pollution Control Officer, whose decision shall be final. The 

Air Pollution Control Officer shall notify the applicant or 

permit holder in writing of the decision and the reasons 

therefore. 

 
Santa Barbara County APCD Rule 210 210 - 4 March 17, 2005 

 iii. In the event an applicant requests use of competitively bid 

contracts an application shall be automatically deemed 

incomplete for purposes of District Rules and Regulations and 

any applicable timelines specified under the Permit 

Streamlining Act, Government Code section 65943, shall be 

waived by the applicant pending selection of an outside 

consultant and execution of a contract. 

 iv. If the need for an outside consultant is determined by the 

District after an application is deemed complete, the procedure 

of Section I.C.a.2)c)i. shall apply. 

 b. Notice of Cost Reimbursement and Appeal 

 1) The District shall notify the applicant or permit holder in writing that (a) the 

District has determined the work will be done on the Cost Reimbursement 

Basis, (b) the grounds for such determination, (c) the projected total cost to 

obtain the permit applied for, and (d) the initial deposit amount as determined 

pursuant to Section I.C.d. 

 2) Upon receipt of such notification, the applicant or permit holder shall have ten 

(10) days in which to appeal the District's determination to use the cost 

reimbursement basis to the District Board of Directors. Failure to appeal within 

said ten (10) days shall bar the applicant or permit holder from contesting the 

Cost Reimbursement Basis. 

 3) Prior to the District Board hearing any appeal, the applicant or permit holder 

shall place on deposit with the District an amount equal to the District's 

projected costs for the next thirty (30) days of District work on the project. If 

the District prevails, the amount on deposit shall be applied to the cost 

reimbursement deposit. 

 4) Pending conclusion of any appeal pursuant to Section I.C.b., an application for 

permit shall be automatically deemed incomplete for purposes of District Rules 

and Regulations and any applicable timelines specified under the Permit 

Streamlining Act, Government Code section 65943 shall be waived by the 

applicant. 

 5) Notwithstanding any other provisions of this rule, the applicant or permit holder 

shall reimburse the District for costs associated with an appeal if the District 

prevails. If the appellant prevails, the District Board of Directors may, at its 

discretion, order that all or a portion of the costs paid be reimbursed to the 

appellant. 

 c. Audits 

 The applicant or permit holder shall have the right to audit any disputed reimbursable cost charged 

by the District. 

 1) If an applicant or permit holder elects to audit a disputed reimbursable cost item, 

the party shall notify the District in writing within thirty (30) days after the date 

of invoice and shall identify the reasons for the dispute. 
Santa Barbara County APCD Rule 210 210 - 5 March 17, 2005 

 2) The District shall provide the applicant or permit holder with documentary 

evidence supporting the basis and accuracy of the disputed reimbursable cost 

item. The District shall provide the documentation within thirty (30) days after 

receipt of written request, except that the Control Officer may extend the 

deadline for good cause. 

 3) If within fifteen (15) days of receipt from the District of the documentary 

evidence supporting the item, the dispute still remains, the applicant or permit 

holder may request an independent audit. The audit will be conducted by an 

independent auditor, approved by the applicant and the District. 

 4) Notwithstanding the provisions of I.C.c.1) and I.C.c.3), above, an applicant or 

permit holder may dispute any alleged fraudulent reimbursable cost by notifying 

the Control Officer in writing within 30 days of when the applicant or permit 

holder discovered or should have discovered the fraud. Such notice shall 

contain a detailed description of the facts and any available evidence which 

support the allegation. The Control Officer may order an audit and/or require 

additional information from the applicant or permit holder. The Control Officer 

shall issue a determination, in writing, within 60 days after receipt of the notice, 

which time may be extended by the Control Officer for good cause. The 

Control Officer may order all or a portion of the disputed cost and any costs 

incurred pursuant to I.C.c.5, below, be reimbursed to the applicant or permit 

holder. The Control Officer's decision shall be final. 

 5) Notwithstanding any ongoing dispute over costs, including where an audit is 

requested, the applicant or permit holder shall reimburse the District for all 

reimbursable costs no later than thirty (30) days after the date of invoice. 

Failure to pay all fees is grounds for discontinuing all District work on the 

Project and for denial of the permit application or for not renewing an existing 

permit. Costs incurred by the District pursuant to Sections I.C.c.2), I.C.c.3) and 

I.C.c.4), above, are reimbursable costs under this rule. 

 d. Deposits 

 When the cost reimbursement basis is used for District work, the applicant or permit holder shall 

place on deposit adequate funds to cover projected reimbursable costs for the next ninety (90) 

days of District work on the project. The District shall bill the applicant or permit holder monthly 

for all incurred expenses and the applicant or permit holder shall reimburse the District within 

thirty (30) days after the date of the monthly invoice. This process shall ensure sufficient funds 

are kept on deposit with the District to authorize necessary expenditures without delaying the 

work to be performed. 

 1) Funds placed on deposit will be subject to the handling charges and credited 

with interest payments specified in the policy of the Santa Barbara County 

Auditor Controller's Office including updates. 

 2) At the time the District requests the deposit of funds, or the payment in lieu of 

initial deposit, the District shall identify in writing the basis for the estimate of 

the projected costs to cover the first ninety (90) days of application evaluation. 

 3) If, at any time during the District's work, the District determines that additional 

funds are necessary to cover reimbursable costs for the next ninety (90) days, an 

additional deposit may be required of the applicant or permit holder. The 

District's request for an additional deposit shall be in writing and specify the 
Santa Barbara County APCD Rule 210 210 - 6 March 17, 2005 

basis for such request. The applicant or permit holder shall pay the additional 

funds within thirty (30) days after the date of an invoice from the District. 

 4) If at any time the District determines that the amount on deposit is greater than 

that needed to cover the projected costs for the next ninety (90) day period, the 

District shall return the amount of the deposit which exceeds the projected costs. 

 5) An applicant or permit holder shall maintain on deposit with the District, 

sufficient funds to cover projected District cost for a ninety (90) day period for 

work performed after permit issuance. 

 6) If, at any time during the evaluation of an application or permit, the application 

is withdrawn or a permit is terminated, or canceled, the amount remaining in the 

applicant's deposit account shall be refunded, provided that all reimbursable 

costs for said application or permit have been deducted, including costs 

reasonably incurred after date of notification, by the District prior to refunding. 

 Notwithstanding the above, if the projected total cost for District review of an application or a 

permit is less than $1,500, the District may request the total projected amount as a nonrefundable, 

lump sum payment in lieu of an initial deposit. 

D. Source Test and Sampling Fees 

 These fees shall be in addition to other fees charged pursuant to this section. 

 1. The District may order Source Testing 

 a. Pursuant to Rule 205.D., prior to the issuance or reissuance of any permit. 

 b. If the District has reasonable cause to believe that discharge of air contaminants into the 

atmosphere from any source violates any permit condition or any federal, state or local 

law, order, rule or regulation relating to air pollution. 

 If the source testing is conducted by the District or its agent, the permit holder or other billable 

entity responsible for complying with District Rules and Regulations shall pay a fee for the source 

testing based on the provisions of Section I.C. (Cost Reimbursement). 

 Alternatively, at the request and expense of the permit holder and with the approval of the 

District, testing may be performed by a private company. In this case, a fee to recover District 

costs for review of the source test plan, observation of the source test and evaluation of the source 

test results shall be assessed as follows: 

 c. Unless otherwise provided in this Rule, if a source was assessed a fee for a District 

permit under the provisions of Section I.B. (Fee Schedule Basis) or if the source is not 

required to have a District permit, the fee shall be assessed in accordance with Schedule 

C. 

 d. If a source was assessed a fee for a District permit under the provisions of Section I.C. 

(Cost Reimbursement Basis), the fee shall be assessed in accordance with Section I.C. 
Santa Barbara County APCD Rule 210 210 - 7 March 17, 2005 

 2. Sampling of Products and Materials 

 Pursuant to Health and Safety Code Section 41512, if the District determines that sampling and 

analysis of products or materials are required to determine compliance with District Rules and 

Regulations, the permit holder or other billable entity responsible for complying with District 

Rules and Regulations shall be assessed a fee in accordance with Schedule D. 

E. Other Fees 

 1. Transfer of Ownership 

 An application filed for purposes of transferring a permit from one permit holder to another shall 

pay a filing fee as specified in item 1 of Schedule F. A change in business name only shall not be 

assessed a fee. 

 2. Change in Location 

 An application to change the location of a permitted item of equipment within the existing 

boundaries of the facility, which the District determines will have no potential impact on air 

quality, shall not be assessed a fee. An application to relocate a permitted item of equipment to a 

new site, outside the existing boundaries of the facility, shall be assessed the filing fee, plus the 

permit fee for a new ATC and/or PTO as prescribed in Section I.B. or I.C. 

 3. Change in Permitted Production Rate 

 An applicant requesting modification of a permit to decrease production rate or throughput limits 

shall be assessed a fee as specified in item 5 of Schedule F. If the District determines costs will 

not be recovered from item 5 of Schedule F the Control Officer shall have the option of placing 

the request under Cost Reimbursement basis as prescribed in Section I.C. If the District 

determines the modification has the potential to increase emissions or impacts, the applicant shall 

be assessed fees for the permit modification(s) as prescribed in Section I.B. or I.C.. 

 4. Fee For Administrative Changes 

 Changes to permits which are deemed by the Control Officer to be administrative shall be 

assessed and a fee as specified in item 6 of Schedule F. 

 5. Cooling Towers with Hexavalent Chromium 

 a. Any person submitting a compliance plan pursuant to Rule 335, Section I.2. shall pay a 

fee as specified in item 7 of Schedule F. 

 b. Any person submitting a compliance plan pursuant to Rule 335, Section I.2. with the 

delayed compliance date for wooden cooling towers (Section C.4) shall pay an additional 

plan filing fee as specified in item 8 of Schedule F. 

 

 c. The required filing fee shall be paid when the compliance plan is submitted. 

 6. Other Changes 

 An application to change any provision of an existing permit, other than those changes described 

in Section E.1. through E.4 above, shall be assessed all fees for a modified ATC and/or PTO as 

prescribed in Section I.A., I.B. or I.C. 
Santa Barbara County APCD Rule 210 210 - 8 March 17, 2005 

F. Air Quality Plans 

 The fees charged under this Section of Rule 210 are earmarked for the preparation of mandated air quality 

plans necessary for the attainment and maintenance of ambient air quality standards. 

 Preparation of Air Quality Plans are mandated by a State Implementation Plan (SIP) call, issued by the 

U.S. Environmental Protection Agency (EPA), or by the State pursuant to Health and Safety Code Section 

40910 et. seq. Fees may be assessed to cover District costs incurred upon notification by the U.S. 

Environmental Protection Agency (EPA) of an upcoming SIP call as well as after formal notification by 

EPA. The Control Officer shall report to the Executive Board of the District on a triennial basis 

summarizing the work performed during the proceeding three years, the work planned and the continued 

adequacy and necessity of this fee. 

 Fees shall be charged annually to cover costs incurred by the County for preparation of each Air Quality 

Plan. 

 1. Applicability. 

 a. All holders of District permits for Authority to Construct or Permit to Operate whose 

stationary source, as defined in Rule 102, discharges pollutants within the District, shall 

pay an annual fee as follows: 

 1) Only the pollutants, including precursor pollutants, identified by the EPA in the 

SIP call or designated a non-attainment pollutant by the Air Resources Board 

(ARB) shall be included in determining the annual fee. 

 2) Stationary sources that discharge ten (10) tons or more per year of any one of 

the pollutants identified by the EPA in the SIP call or designated a nonattainment pollutant by the State Board shall be included in assessing the fee. 

 3) The stationary source subject to the fee shall be: 

 a) for a SIP call, all sources located in the geographic region identified in 

the SIP call; 

 b) for state mandated plans, all sources located in the geographic region 

identified by the State Board; or 

 c) the Control Officer shall designate the planning area if a region is not 

identified as specified above. 

 b. The annual fee shall be calculated and assessed as specified in Sections I.F.2 and I.F.3. 

 2. Basis of Fee 

 a. Fees shall be assessed for stationary sources based on emissions. The emissions shall be 

determined as follows: 

 1) For a stationary source which receives a PTO on or after January 1, 1988, the 

fee shall be based on the maximum emissions permitted by the PTO except for 

sources described in Section I.F.2.a.2) below. For a stationary source which 
Santa Barbara County APCD Rule 210 210 - 9 March 17, 2005 

held an ATC, but not a PTO, on or after January 1, 1988, the fee shall be based 

on maximum annual emissions permitted by the ATC. 

 

 2) For a source which receives a PTO after January 1, 1988, to comply with Rule 

202 exemptions from permit, as revised December 7, 1987 and January 11, 

1988, the fee shall be based on emission quantities used for assessment of fees 

pursuant to Section I.H. based on actual annual emissions at the stationary 

source. 

 3) For a stationary source which held a PTO on or prior to January l, 1988, the fee 

shall be based on emission quantities used for assessment of fees pursuant to 

Section I.H. 

 c. The District may adopt, by regulation, a schedule of fees to be assessed on areawide or 

indirect sources which are regulated, but for which permits are not issued by the District 

to recover the costs of District programs related to these sources (Health & Safety Code 

Section 42311(g). 

 3. Fee Schedule and Assessment of Fee. 

 a. The schedule of fees to be charged for each ton of pollutants subject to this Rule is 

specified in Schedule B-1. 

 b. The annual fee assessed for each stationary source shall be calculated as the stationary 

source emissions within the District multiplied by the unit fee prescribed in Schedule B1. 

G. Air Toxics Program 

 All stationary sources with a District permit shall pay an annual fee based on annual emissions multiplied 

by the Air Toxics Program unit fee prescribed in Schedule B-2. The annual toxic emissions shall be 

determined pursuant to Section I.H. The fees assessed under this provision are independent of any permit 

fees that may be assessed for an ATC, PTO or reissuance of a PTO. 

H. Annual Emission Fee 

 1. All stationary sources subject to District permit shall pay an annual fee based on annual emissions 

multiplied by the unit fees prescribed in Schedule B-3. Actual emissions shall be based on data 

provided by the permit holder and verified by the District. Such Data shall be sufficient to 

calculate the total emissions of each air contaminant for all permitted equipment at a stationary 

source. Pursuant to Health and Safety Code Section 42303, all permit holders subject to this 

provision shall submit data which are determined necessary by the District to calculate actual 

emissions. The necessary data shall be submitted within 30 calendar days after receipt of the 

request from the District. 

 2. For stationary sources evaluated under Regulation VIII, the annual fee due for each contaminant 

shall be reduced by the "increment fee" as specified in Regulation VIII paid for that contaminant 

during the prior twelve months. 

I. Programs Conducted by the State Air Resources Board 

 The fees assessed under this Section are collected by the District and transmitted to the ARB to enable the 

ARB to implement the Atmospheric Acidity Protection Program (AAPP) and the California Clean Air Act 
Santa Barbara County APCD Rule 210 210 - 10 March 17, 2005 

(CCAA) mandated by Health and Safety Code Section 39900 et. seq. and Sections 90800-90803, Title 17, 

California Code of Regulations, respectively. The fees are based on emissions and shall be assessed for 

certain stationary sources. 

 AAPP fees shall be assessed for stationary sources with a PTO that discharge 500 tons or more of either 

nitrogen oxides or sulfur oxides in any calendar year. 

 CCAA fees shall be assessed for stationary sources with PTO that discharge 500 tons or more, in any 

calendar year, of any nonattainment pollutant, or precursor. 

 Both the fees and the calendar year on which the fees are based shall be determined by the ARB, calculated 

by the following formula: 

 AAPP Fee amount = A x AAPP Unit Fee 

 CCAA Fee amount = B x CCAA Unit Fee 

 where: 

 A = total tons per year of nitrogen oxides and sulfur oxides, expressed as nitrogen dioxide and 

sulfur dioxide, respectively, from the stationary source during a calendar year. In calculating the 

fee amount, the actual emissions of either nitrogen oxides or sulfur oxides, if less than 500 tons 

per year, shall not be counted. 

 B = total tons per year of the nonattainment and precursor pollutants form the stationary source 

during a calendar year. The nitrogen oxide and sulfur oxide pollutants shall be expressed as 

nitrogen dioxide and sulfur dioxide, respectively. In calculating the fee amount, the actual 

emissions of any nonattainment pollutant or it's precursors if less than 500 tons per year, shall not 

be counted. 

 AAPP and CCAA Unit Fee = fee expressed as dollars per ton specified for each fiscal year, as 

determined by the ARB for each of the two programs. 

 To cover District costs for the collection of the AAPP and CCAA fees, an administrative fee as specified in 

items 9 and 10, respectively, of Schedule F shall be assessed for each stationary source and for each of the 

two ARB programs. 

 Payment of the AAPP and CCAA fees shall be made to the District within sixty (60) calendar days after 

the invoice date. 

 

II. FEES FOR SOURCES WHICH DO NOT REQUIRE DISTRICT PERMITS 

Fees shall be charged to sources of emissions which do not require a District permit, if the District incurs cost to 

evaluate plans required by law or to determine whether a source is in compliance with federal, state or local air 

quality rules and regulations. 

A. Fees for Asbestos Demolition and Renovation 

 A non-refundable fee shall be assessed for asbestos demolition and renovation operations subject to the 

notification provisions of District Regulation X, Rule 1001, National Emission Standards for Hazardous 

Pollutants. The fee shall be assessed in accordance with Schedule E and shall be paid by the asbestos 

demolition and renovation contractor at the time an asbestos demolition and renovation project notice is 

filed with the District. 
Santa Barbara County APCD Rule 210 210 - 11 March 17, 2005 

B. Fees for Determination of Permit Exemption 

 If a request is made for a written determination of whether equipment is exempt from the requirement for a 

District permit, a fee as specified in item 11 of Schedule F shall be assessed to the equipment owner or 

operator to determine the eligibility for exemption. 

 III. OTHER COST REIMBURSEMENT ACTIVITIES 

A. Monitoring Fee 

 The owner/operator of a stationary source shall pay all District costs associated with installation, operation, 

maintenance of equipment, and the review, transmittal, storage, and evaluation of data for ambient and 

continuous emission monitoring activities required under District rules, regulations, permit conditions, or 

agreements. These costs shall be assessed and paid in accordance with Section I.C. (Cost Reimbursement 

Basis). 

B. Other Inspection and Enforcement Fees 

 If inspection and enforcement activities are required by permit conditions or to investigate or correct a 

violation, and the District determines a permit holder is responsible, a fee may be assessed and shall be 

paid by the violator as prescribed in Section I.C. (Cost Reimbursement Basis). Violations are defined as 

infractions of District rules or specific permit conditions. The District's activities may be triggered by the 

following conditions: 

 1. Notice of Violation which leads to a settlement in which the permit holder agrees to pay such cost 

or where the Notice of Violation results in a finding that the permit holder has committed the 

alleged violation. 

 2. Inspections and other activities required by permit conditions, including any plans or procedures 

which require District action, such emergency procedures. 

C. Plans, Agreements, and Studies 

 Fees shall be assessed for District activities, identified below, which may be performed for a stationary 

source. The fee shall be assessed in accordance with the provisions of Section I.C. (Cost Reimbursement 

Basis) and shall be paid by the owner/operator of the stationary source to the extent the District determines 

the need for the activity is caused by the stationary source. The activities include the following: 

 1. Review and preparation of plans including, but not limited to, Curtailment Plans, Episode Plans, 

Source Test Plans, Odor Monitoring Plans. 

 2. Review and preparation of special agreements, including offset agreements. 

 3. Review and preparation of special studies required by the District or requested by the applicant. 

 4. Review and preparation of environmental documents required under CEQA or NEPA in which 

the District is lead agency, responsible agency or trustee agency. 
Santa Barbara County APCD Rule 210 210 - 12 March 17, 2005 

 IV. HEARING BOARD FEE 

A. Variance 

 1. Except as otherwise provided in this Rule, every applicant or petitioner for a variance from these 

rules, except an emergency variance, shall pay a filing fee as specified in item 12.a of Schedule F. 

 2. If a petition is filed for a variance from the requirements of a District permit that was assessed a 

fee under Cost Reimbursement Basis, the petitioner shall pay a fee as specified in accordance with 

Section I.C. Additionally, every petitioner shall pay a filing fee as set forth in item 12.b of 

Schedule F. 

 3. Each additional ton of pollutant emissions or portion thereof allowed as the result of the issuance 

of any variance shall result in an emission fee, calculated on the basis of each excess ton of 

emissions and a fee shall be assessed as specified in item 12.e. of Schedule F. 

B. Permit Appeal 

 Every applicant or petitioner in a proceeding before the Hearing Board to appeal the denial, suspension or 

conditional approval of a permit shall pay a filing fee as specified in item 12.c. of Schedule F. An 

additional fee as specified in item 12.d. of Schedule F. shall be paid for each two hours, or portion thereof, 

of hearing in addition to the first hearing day necessary to dispose of the appeal. In the event a petition is 

withdrawn prior to the hearing, one-half the filing fee may be refunded. No appeal shall be heard unless all 

permit processing fees have been paid including those cases where the fee itself is being appealed. A 

portion of the fees may be refunded to the extent determined by the Hearing Board. The Hearing Board 

shall order the appeal filing fee refunded where the Hearing Board determines the appellant has prevailed 

on the appeal. 

 Notwithstanding any fees assessed for evaluating or reevaluating a permit, if the Hearing Board directs the 

District and the petitioner to negotiate the resolution of the issues under appeal and the negotiations are not 

conducted during a Hearing Board hearing, the Hearing Board shall establish a specified hour limit for 

negotiation and the petitioner shall be assessed a fee on the basis of Cost Reimbursement to recover costs 

for District staff and County Counsel labor incurred during such negotiations. 

C. Abatement Orders 

 Upon investigation and determination that a violation of Health and Safety Code Sections 41700 or 41701 

or of any order, permit condition or any District rule or regulation prohibiting or limiting the discharge of 

air contaminants into the air is found to exist, the Air Pollution Control Officer shall notify the violator in 

writing of the District's intent to assess fees to recover all administrative costs, including County Counsel 

costs, associated with the preparation, issuance and implementation of abatement orders and of the 

violator's right to a hearing on objections thereto. When an abatement order is issued and every thirty (30) 

calendar days thereafter until the case is concluded, an invoice shall be issued summarizing the labor hours 

and associated costs actually incurred payable by the violator. The labor costs shall be based on hourly 

rates, approved by the County Auditor-Controller in effect at the time costs are incurred. If the violator 

objects to the invoiced amount, a request to the Hearing Board for a hearing shall be filed within ten (10) 

calendar days of the invoice date. Within thirty (30) calendar days of the filing of a request for hearing and 

on ten (10) calendar days written notice to the violator, the hearing shall be held on the objection in order 

to determine the validity thereof. In the event no request for hearing is filed or after the Hearing Board 

affirms the validity of the invoiced costs, the violator shall pay the District the amount stated within thirty 

calendar (30) days of the invoice date if no request for hearing is filed or within thirty calendar (30) days of 

the hearing date if a hearing is held. These fees do not preclude fines collected under mutual settlement 

policy. 
Santa Barbara County APCD Rule 210 210 - 13 March 17, 2005 

 V. GOVERNING PROVISIONS 

A. Payment of Fees and Penalties 

 Unless otherwise provided in this Rule, this section is applicable to all fees mandated by this Rule and by 

the Health and Safety Code. 

 1. Payment of Fees 

 a. Payment of any filing fee shall be made at the time an application, petition or notice is 

filed. 

 b. Payment of any fee other than a filing fee shall be made to the District within thirty (30) 

calendar days after the invoice date. 

 2. Penalty for Nonpayment of Fees Other Than Cost Reimbursement 

 

 If payment is not received within thirty (30) calendar days after the invoice date, the Air Pollution 

Control Officer shall promptly notify the person subject to the fee in writing that the payment is 

overdue and a penalty shall be imposed if payment is not received within sixty (60) calendar days 

of the invoice date. The penalty shall be ten (10) percent of the fee initially invoiced for each 

thirty (30) calendar day period, or portion thereof, that the payment is overdue and the Air 

Pollution Control Officer may initiate action to revoke the permit. For fees mandated by Health 

and Safety Code Section 44300 et. seq., the penalty shall not exceed 100% of the fee. 

 3. Payment of Deposits and Fees Based on Cost Reimbursement and Requirements for Appeal 

 a. The applicant or permit holder shall make a deposit and pay any fee required pursuant to 

this Rule within thirty (30) days after the date of District invoice. If an applicant or 

permit holder fails to meet this requirement, the District may discontinue work on the 

project. 

 b. If an application for permit has been deemed complete and the initial deposit or other 

required fee is not paid within thirty (30) days after the date of District invoice, the 

Control Officer may deny the permit. 

 c. If the initial deposit or other required fee for reevaluation or implementation of an 

existing permit is not paid within thirty (30) days, after the date of District invoice, the 

permit may not be reissued and the existing permit may be suspended by the District or 

may be grounds for permit revocation pursuant to Health and Safety Code Section 

42307. 

 d. Where an application has been denied or an existing permit has been suspended pursuant 

to Sections V.A.3.b and V.A.3.c above, and that decision by the Air Pollution Control 

Officer has been appealed to the Hearing Board, the appeal shall not be heard until all 

invoiced funds are submitted to the District. Furthermore, the appeal shall be dismissed 

by the Hearing Board if the appellant did not first exhaust the administrative remedies as 

set forth in Sections I.C.b. and I.C.c. 
Santa Barbara County APCD Rule 210 210 - 14 March 17, 2005 

 4. Failure to Obtain Permit 

 An applicant seeking an ATC or PTO for equipment for which an Authority to Construct was 

required but not obtained, shall pay a fee double that prescribed for the ATC in Section I. If 

operation of equipment is conducted without a valid PTO, the fee prescribed in Section I. for the 

PTO plus annual permit renewal and emission fees that would have been assessed with a valid 

PTO, shall be doubled. The amount due may be reduced by the amount paid under a Notice of 

Violation issued for the unpermitted equipment. 

 5. Payment for Reapplication 

 If a permit has been suspended or voided due to nonpayment of fees and application is made to 

reinstate the permit, no permit shall be issued and no cost will be incurred by the District with 

regard to that permit until all prior fees and associated penalties have been paid. If, during the 

processing/evaluation of a permit application, an application is withdrawn or payment of fees by 

the applicant does not conform to the provisions of this Rule, the District shall terminate work on 

the application. No reapplication, or any new application by the same applicant shall be accepted 

by the District until all fees and penalties for the terminated application have been paid. 

 6. Nonpayment of Fees - General 

 The District may refuse to issue or to reissue any permit or accept any application for a permit 

from an applicant or permit holder responsible for payment of any delinquent fee until all 

delinquent fees and all associated penalties are paid in full. 

B. Effective Date 

 All fees specified in this Rule shall become effective on the date of Rule adoption. 

C. Annual Adjustment in Fees 

 Any fees prescribed in this Rule may be adjusted annually by the Air Pollution Control Officer based on 

the change in the California Consumer Price Index (CPI) for the preceding year, as determined pursuant to 

Section 2212 of the Revenue and Taxation Code. All other revisions of this Rule require approval of the 

District's Board of Directors. As provided for in Health and Safety Code, 42311, as amended, sufficient 

fees shall be charged to enable the District to recover estimated reasonable costs of all District programs 

related to permitted stationary sources. 

D. Use of Fee Schedules 

 In the event more than one fee schedule is applicable to an item of equipment, article, machine or other 

contrivance, the higher fee schedule shall prevail. Where several items of equipment are permitted under a 

single PTO, the fee shall be assessed as the sum of the fees for the individual items. 
Santa Barbara County APCD Rule 210 210 - 15 March 17, 2005 

E. Consolidation of Existing Permits 

 Where more than one PTO has been issued for the equipment at any one stationary source, and one or more 

of the permits is due for renewal, or an application is filed for permit modification, the District may 

consolidate permits, including consolidation into a single permit for the entire plant or facility. At the time 

of consolidation, a single date will be set for permit renewal of all equipment included in the consolidated 

permit. In determining the fee for a consolidated permit, credit will be given for any PTO which has not 

yet expired on the issuance date of a consolidated permit. The fee for the consolidated permit will be 

reduced on a pro rata basis for the time remaining on the unexpired permit in determining the fee for the 

consolidated permit. 

F. Rule Precedence and Applicability 

 Notwithstanding any rule to the contrary, this Rule shall apply to all permit holders or applicants regardless 

of the date of their application or permit issuance, and the rules in effect on that date. Pursuant to the 

Health and Safety Code, Sections 39047 and 42311(a), this section shall apply to all persons applying for a 

permit or holding a permit. 

G. Refund of Filing Fee 

 Except as otherwise provided in this Rule, any required filing fee or portion thereof shall not be refunded 

or applied to any subsequent application or petition. 

H. Reevaluation Date 

 The date on which a permit reevaluation is due is three years from the initial issuance of the PTO and every 

three years thereafter, notwithstanding any delay in reissuance of a PTO due to an appeal. 
Santa Barbara County APCD Rule 210 210 - 16 March 17, 2005 

SCHEDULE A 

 Facility/Equipment Description / Fee Schedule 

The fees prescribed in this section pertain to any article, machine, equipment or other contrivance (hereinafter, 

"equipment") which emits air contaminants, or causes such emissions, and which is not exempted under Rule 202. 

1. Miscellaneous Equipment: 

 Miscellaneous equipment is any equipment not included in a fee schedule listed below and which emits or 

may emit air contaminants or causes such emissions. Miscellaneous equipment shall be assessed a fee as 

follows: 

 a. If equipment other than miscellaneous equipment at a stationary source is included in any fee 

schedule listed below, the miscellaneous equipment shall be assessed a fee of $40 per item of 

equipment. 

 b. If the miscellaneous equipment is the only equipment at a stationary source, the minimum fee 

assessed under this schedule for all miscellaneous equipment shall be $250. 

2. Electric Motor Horsepower Fee Schedule: 

 Any equipment where an electric motor is used to drive the equipment, except for oilfield wellhead 

pumping units and items 10 and 11 of Schedule A, shall be assessed a fee based on the total rated motor 

horsepower of each motor included in any such equipment, in accordance with the following formula: 

 Fee = $20.75 times (X), (rounded to nearest dollar) 

 Where "X" is horsepower, and the 

 Minimum fee = $40.34 

 Maximum fee = $4,015.00 

3. Fuel Burning Equipment Fee Schedule: 

 Any equipment in which fuel is burned, with the exception of incinerators which are covered in Schedule 

4, shall be assessed a fee based upon the maximum design fuel consumption of the equipment expressed in 

British thermal units (Btu) per hour, using gross heating values of the fuel in accordance with the following 

formula: 

 Fee = $300 times (X), (rounded to nearest dollar) 

 Where "X" is the maximum fuel consumption in 1,000,000 Btu per hour and the 

 Minimum fee = $40.34 

 Maximum fee = $4,015.00 
Santa Barbara County APCD Rule 210 210 - 17 March 17, 2005 

4. Electrical Energy Fee Schedule: 

 Any equipment which uses electrical energy shall be assessed a fee based on the total kilovolt amperes 

(KVA) ratings, in accordance with the following formula: 

 Fee = $4.03 times (X), (rounded to the nearest dollar) 

 Where "X" is the KVA rating in 10's, and the 

 Minimum fee = $40.34 

 Maximum fee = $4,015.00 

5. Incinerator Fee Schedule: 

 Any equipment used primarily to dispose of combustible refuse by wholly consuming the material charged, 

leaving only ashes or residue, shall be assessed a fee based on the maximum cross sectional area of the 

combustion chamber(s), in accordance with the following formula: 

 Fee = $50 times (X), (rounded to nearest dollar) 

 Where "X" is the total horizontal inside cross-sectional area in square feet and the 

 Minimum fee = $40.34 

 Maximum fee = $2,007.00 

6. Stationary Container Fee Schedule: 

 Any stationary tank, reservoir, or other container, except gasoline storage tanks at motor vehicle fueling 

facilities, shall be assessed a fee based on volumetric capacity, in accordance with the following formula: 

 Fee = $2.30 times (X), (rounded to nearest dollar) 

 Where "X" is the capacity in 1000 gallons and the 

 Minimum fee = $40.34 

 Maximum fee = $2,007.00 

7. Dry Cleaning Equipment Fee Schedule: 

 Any equipment used in a dry cleaning operation using organic solvents shall be assessed a fee of $40.00 

for each item of equipment. 

8. Motor Vehicle Gasoline Fueling Facilities Fee Schedule: 

 Motor vehicle gasoline fueling facilities equipped with Phase II vapor recovery dispensing nozzles shall be 

assessed a fee, which includes the fee for gasoline storage tanks, in accordance with the following formula: 

 Fee = $23 times (X) 

 Where "X" is the number of nozzles and the 

 Minimum fee = $160.00 

 Maximum fee; none 

 Motor vehicle gasoline fueling facilities without Phase II vapor recovery dispensing nozzles shall be 

assessed a fee of $300.00 regardless of the number of dispensing nozzles. 
Santa Barbara County APCD Rule 210 210 - 18 March 17, 2005 

9. Ethylene Oxide Sterilizer Fee Schedule: 

 Any ethylene oxide sterilizer and associated control equipment shall be assessed a fee based on the total 

amount of ethylene oxide used, in accordance with the following formula: 

 Amount of Ethylene Oxide 

 Used per Year, in Pounds Fee 

 250 pounds per year or less $1600.00 

 Over 250 pounds per year $4000.00 

10. Rock Crusher Fee Schedule: 

 Equipment used to crush rocks shall be assessed a fee of $40.00 for each device. This applies to jaw 

crushers, cone crushers, and hammer mills. 

 

11. Stacker Belt Fee Schedule: 

 A belt used to stack minerals to form a storage pile shall be assessed a fee of $40 for each stacker belt. 
Santa Barbara County APCD Rule 210 210 - 19 March 17, 2005 

 SCHEDULE B-1 

 FEE FOR AIR QUALITY PLAN 

EMISSION RANGE (tons per year) AIR QUALITY PLAN FEE 

0 - 10 0 

>10 - 25 $31 per ton 

>25 - 100 $47 per ton 

>100 $62 per ton 

 

Emission Range shall be determined as the sum of Reactive Organic Compounds and Oxides of Nitrogen (expressed 

as nitrogen dioxide) for the ozone attainment plan pursuant to the California Clean Air Act of 1988. 
Santa Barbara County APCD Rule 210 210 - 20 March 17, 2005 

 SCHEDULE B-2 

 FEE FOR AIR TOXICS PROGRAM 

EMISSION RANGE (pounds/year) AIR TOXICS PROGRAM UNIT FEE 

0 - 2,000 0 

> 2,000 $0.25 per pound of air toxic emissions 

 
Santa Barbara County APCD Rule 210 210 - 21 March 17, 2005 

 SCHEDULE B-3 

 ANNUAL EMISSION FEE 

 [Effective 5/7/91] 

Emission Range (tons per year) Emission Fee 

0 - 10 $250 total 

>10 - 25 $ 55 per ton 

>25 - 100 $ 83 per ton 

>100 $110 per ton 

 

Emission Range shall be determined as the sum of Reactive Organic Compounds, Oxides of Nitrogen (expressed as 

nitrogen dioxide), Gaseous Sulfur Compounds (expressed as sulfur dioxide), and Particulate Matter. 
Santa Barbara County APCD Rule 210 210 - 22 March 17, 2005 

SCHEDULE B - 3 

 [Effective July 1, 1991] 

 ANNUAL EMISSION FEE 

Emission Range (tons per year) Emission Fee 

0 - 10 $250 total 

>10 - 25 $69 per ton 

>25 - 100 $104 per ton 

> 100 $138 per ton 

 

Emission Range shall be determined as the sum of Reactive Organic Compounds, Oxides of Nitrogen (expressed as 

nitrogen dioxide), Gaseous Sulfur Compounds (expressed as sulfur dioxide), and Particulate Matter. 
Santa Barbara County APCD Rule 210 210 - 23 March 17, 2005 

SCHEDULE C 

 FEES FOR REVIEW, OBSERVATION AND EVALUATION OF SOURCE TESTS FOR EQUIPMENT 

EVALUATED UNDER SCHEDULE A*

SOURCE SOURCE TEST FEE**

Boiler or Heater $1,025 

Piston Type Engine 

 - one engine $1,025 

 - each additional engine $ 273 

Thermal Oxidizer $1,025 

Wet Scrubber (gaseous) $1,025 

Wet Scrubber (particulates) $1,365 

Baghouse $1,365 

Gas Turbine $1,365 

Heater Treater $1,365 

Other $1,365 

 

 * This fee schedule shall not be used to determine fees for source testing of equipment which 

discharges non-criteria pollutants, including toxics and heavy metals. Such equipment will be 

assessed fees on the Cost Reimbursement Basis (Section I.C.) 

 ** If source testing includes determining the efficiency of an emission control device, the fee shall be 

increased by 50 percent. If source testing is conducted offshore, the fee shall be increased by 25 

percent. 
Santa Barbara County APCD Rule 210 210 - 24 March 17, 2005 

SCHEDULE D 

 SAMPLE AND LABORATORY ANALYSIS FEES 

 SAMPLE TYPE COST PER SAMPLE*

Sulfur in Fuel Oil $123 

Sulfur in Fuel Gas $198 

Btu in Fuel Gas $198 

Crude Oil TVP $313 

Coatings - Volatile Content $238 

Solvent Speciation $348 

Asphalt Analysis $198 

Asbestos Content $ 98 

 

 * Fees include costs incurred by the District for sample analysis by an independent laboratory. 
Santa Barbara County APCD Rule 210 210 - 25 March 17, 2005 

SCHEDULE E 

 FEES FOR ASBESTOS DEMOLITION AND RENOVATION 

At the time written notice is required to be submitted to the District, contractors for asbestos demolition/renovation 

operations subject to District Regulation X., Rule 1001, Subpart M of Attachment I and federal regulation 40 CFR, 

Part 61, Subpart 61.145, shall pay the following fee: 

Quantity of Asbestos Fee 

Demolition only: 

 Less than 260 linear feet or 160 square feet $75 

Demolitions and renovations: 

 Greater than 260 linear feet or 160 square feet 

 but less than 500 linear or square feet $300 

 Greater than 500 but less than 1000 $425 

 1000 or greater but less than 2500 $570 

 2500 or greater but less than 5000 $705 

 5000 or greater but less than 10,000 $825 

 10,000 or greater $975 
Santa Barbara County APCD Rule 210 210 - 26 March 17, 2005 

 SCHEDULE F 

Item # 

1. Authority to Construct or Permit to Operate Application Filing Fee - $230.41 per application. 

2. Minimum triennial Permit to Operate reevaluation fee (except for motor vehicle fueling facilities) - $250. 

3. Annual Permit to Operate reevaluation fee for motor vehicle fueling facilities equipped with Phase II vapor 

recovery nozzles - $14 per nozzle. 

4. Additional reinspection fee for Phase II motor vehicle fueling facilities failing the first inspection - $14 per 

nozzle per additional inspection. 

5. Fee for change in Production rate - $250 per permit. 

6. Fee for Administrative Change - $250 per permit. 

7. Fee for Cooling Towers with Hexavalent Chromium compliance plan - $310 per compliance plan 

submitted. 

8. Fee for Cooling Towers with Hexavalent Chromium with delayed compliance plan date - $100 per delayed 

compliance plan submitted. 

9. Annual Atmospheric Acidity Protection Program (AAPP) Administrative Fee - $350 per stationary source. 

10. Annual California Clean Air Act (CCAA) Administrative Fee - $350 per stationary source. 

11. Fee for Written Determination of Permit Exemption - $350 per determination. 

12. Hearing Board: 

 a. Filing Fee (Fixed Fee Permit): 

- Emergency Variance: $60 if the requested length of the variance is fifteen (15) 

days or less; $120 if the requested length of the variance is greater than fifteen 

(15) days. 

- Interim Variance $ 140 

- 90 - day Variance $ 750 

- Regular Variance $ 750 

 Additional Fee for Regular Variances: 

 Regular Variances: If the requested length of the variance is greater than three (3) 

month, the petitioner shall pay an additional fee of $275 for each month or portion 

thereof over three (3) months that the variance is requested. 

 
Santa Barbara County APCD Rule 210 210 - 27 March 17, 2005 

 b. Filing Fee (Cost Reimbursement Permit): 

 - Emergency Variance $60 

 - Interim Variance $345 

 - 90-day Variance $345 

 - Regular Variance $345 

 c. Permit appeal filing fee - $400 per petition. 

 d. Permit appeal hearing time after first hearing day, for each two hours or portion thereof - 

$200. 

 e. Excess emissions fee shall be $160 per ton.