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SJVUAPCD 

I90 E. Gettysburg Ave. 

Fresno, CA 93726 

(559) 230-6000 

SJVUAPCD Governing Board 

IDOPT PROPOSED AMENDMENTS TO RULE 4354 (GLASS MELTING FURNACES) September 16, 2010 

BEFORE THE GOVERNING BOARD OF THE 

SAN JOAQUIN VALLEY UNIFIED 

AIR POLLUTION CONTROL DISTRICT 

IN THE MATTER OF: REVISED ) RESOLUTION NO. 10-09-14 

PROPOSED AMENDMENTS TO RULE 4354 ) 

:GLASS MELTING FURNACES) 1 

WHEREAS, the San Joaquin Valley Unified Air Pollution Control District (District) is a 

luly constituted unified air pollution control district, as provided in California Health and 

Safety Code Sections 40150 et seq. and 40600 et seq.; and 

WHEREAS, said district is authorized by California Health and Safety Code Section 

40702 to make and enforce all necessary and proper orders, rules, and regulations to 

accomplish the purpose of Division 26 of the California Health and Safety Code; and 

WHEREAS, pursuant to Section 107 of the federal Clean Air Act, the San Joaquin 

Valley Air Basin has been classified as a nonattainment area for the national healthbased air quality standards for ozone and particulate matter with aerodynamic 

jiameter of 2.5 rr~icrometers or less (PM2.5); and 

WHEREAS, pursuant to Section 39608 of the California Health and Safety Code, the 

San Joaquin Valley Air Basin has been classified as a nonattainment area for the state 

health-based air quality standards for ozone and PM2.5; and 

WHEREAS, the California Clean Air Act as codified in Section 40910 et seq. of the 

Califorr~ia Health and Safety Code requires the District's ozone attainment plan to be 

designed to reduce ozone precursor emissions by at least five percent per year or to 

include every feasible emission control measure; and 

WHEREAS, the District's 2007 Ozone Plan and the District's 2008 PM2.5 Plan 

fulfilled both federal and state mandates by committing the District to develop and 

adopt all feasible ernission control measures, including Proposed Amendments to Rule 

4354 (Glass Melting Furnaces); and 

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-1- Resolution for Proposec 

Amendments to Rule 4354 
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SJVUAPCD 

390 E. Gettysburg Ave. 

Fresno, CA 93726 

(559) 230-6000 

SJVUAPCD Governing Board 

ADOPT PROPOSED AMENDMENTS TO RULE 4354 (GLASS MELTING FURNACES) September 16, 2010 

WHEREAS, a public hearing for the adoption of Proposed Amendments to Rule 4354 

(Glass Melting Furnaces) was duly noticed for Septerr~ber 16, 2010, in accordance with 

California Health and Safety Code Section 40725. 

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 

1. The Governing Board hereby adopts Proposed Amendments to Rule 4354 

(Glass Melting Furnaces). Said rule shall become effective on September 16, 2010. 

2. The Goverrring Board hereby finds, based on the evidence and information 

presented at the hearing upon which its decision is based, all notices required to be 

given by law have been duly given in accordance with California Health and Safety 

Code Section 40725, and the Board has allowed public testimony in accordance with 

California Health and Safety Code Section 40726. 

3. In connection with said rulemaking, the Board makes the following findings as 

required by California Health and Safety Code Section 40727: 

a. NECESSITY. The Governing Board finds, based on the staff report, and on 

public and industry testimony on the record for this rulemaking proceeding, that a need 

exists for said rule. Said rule is necessary to meet the commitments of the State 

Implementation Plan and requirements of the federal Clean Air Act and the California 

Clean Air Act. Said rule satisfies the District's commitment in the District's 2007 Ozone 

Plan and the District's 2008 PM2.5 Plan. 

b. AUTHORITY. The Governing Board finds that it has the legal authority for 

said rulemaking under the California Health and Safety Code Sections 40000 and 

40001. 

c. CLARITY. The Governing Board finds that said rule is written or displayed 

so that the meaning can be easily understood by those persons or industries directly 

affected by said rule. 

d. CONSIS'TENCY. The Governing Board finds that said rule is in harmony 

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

state or federal regulations. 

-2- Resolution for Proposed 

Amendments to Rule 4354 
SJVUAPCD 

990 E. Gettysburg Ave. 

Fresno, CA 93726 

(559) 230-6000 

SJVUAPCD Governing Board 

ADOPT PROPOSED AMENDMENTS TO RULE 4354 (GLASS MELTlNG FURNACES) September 16, 2010 

e. NONDUPLICATION. The Governing Board finds that said rule does not 

impose the same requirements as any existing state or federal regulation. 

f. REFERENCE. The Governing Board finds that said rulemaking irr~plements 

Section 172(c)(l) of the federal Clean Air Act, and Section 40920 of the California 

Health and Safety Code. 

4. The Governing Board hereby finds that the requirements of California Health 

and Safety Code Sections 40728.5 and 40920.6 have been satisfied to the greatest 

extent possible, and that the Governing Board has actively considered and made a 

good faith effort to minimize any adverse socioeconomic impacts associated with the 

proposed rulemaking. 

5. In connection with said rulemaking and based on the evidence and information 

presented at the hearing upon which its decision is based, the Governing Board makes 

the following findings as required by California Health and Safety Code Section 

40920.6: 

a. lmplementation of Proposed Amendments to Rule 4354 (Glass Melting 

Furnaces) will reduce emissions of oxides of nitrogen (NOx), oxides of sulfur (SOX), 

and particulate matter; 

b. The estimated emission reductions will benefit San Joaquin Valley public 

health by reducing unhealthful ambient concentrations of ozone and particulate matter; 

c. Techniques and technologies that comply with said rule are available and 

currently in use in the San Joaquin Valley; 

d. Complying with said rule is not expected to constitute an undue burden on 

affected industries; 

e. lmplementation of said rule will advance longstanding commitments by the 

District to implement every feasible measure for the reduction of precursors to ozone 

and particulate matter as well as reduction of particulate matter emissions. 

6. The District has completed an Initial Study for said rule that indicates the project 

will not result in any significant adverse effects to the environment, and a Proposed 

-3- Resolution for Proposed 

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SJVUAPCD 

990 E. Gettysburg Ave. 

Fresno, CA 93726 

(559) 230-6000 

SJVUA PCD Governing Board 

ADOPT PROPOSED AMENDMENTS TO RULE 4354 (GLASS MELTING FURNACES) September 16, 2010 

Negative Declaration has been prepared and properly noticed pursuant to the 

California Environmental Quality Act Guidelines (CEQA). The Governing Board of the 

District has duly considered said Initial Study and Proposed Negative Declaration. 

Accordingly, the Governing Board of the District: 

a. Certifies that the attached Initial Study and Negative Declaration reflect the 

independent judgment of the District; and 

b. Approves and adopts the attached Negative Declaration for said rule 

pursuant to CEQA requirements. 

7. In accordance with the provisions of Section 15075 of the California 

Environmental Quality Act Guidelines, the Executive DirectorIAir Pollution Control 

Officer is hereby directed to cause to be filed a Notice of Determination with the 

County Clerks of each of the counties in the District. 

8. The Executive DirectorIAir Pollution Control Officer is directed to transmit said 

rule to the California Air Resources Board for incorporation into the State 

Implementation Plan (SIP). 

9. The Executive DirectorIAir Pollution Control Officer is directed to file with all 

appropriate agencies certified copies of this resolution and the rule adopted herein and 

is directed to maintain a record of this rulemaking proceeding in accordance with 

California Health and Safety Code Section 40728. 

I// 

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Resolution for Proposed 

Amendments to Rule 4354 
28 

SJVUAPCD 

990 E. Gettysburg Ave. 

Fresno, CA 93726 

(559) 230-6000 

SJVUAPCD Governing Board 

ADOPT PROPOSED AMENDMENTS TO RULE 4354 (GLASS MELTING FURNACES) September 16,201 0 

THE FOREGOING was passed and adopted by the following vote of the 

Governing Board of the San Joaquin Valley Unified Air Pollution Control District this 

16th day of September 201 0, to wit: 

AYES: Vierra, O'Brien, Omellas, Telles, Nelson, 

Case, Ayers, Lane, Dominici, Forman, Watson 

Barba 

NOES: None 

ABSENT: Worthley , Miller, Johnston 

SAN JOAQUIN VALLEY UNIFIED 

Governing Board 

ATTEST: 

Clerk to -. the GovernipBoard 

Michelle Franco 

Clerk to the Board 

Resolution for Proposed 

Amendments to Rule 4354