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SJVUAPCD 190 E. GettysburgAve. Fresno, CA 93726

(559) 230-6000 SJVUAPCD Governing Board ADOPT PROPOSEDAMENDMENTS TO RULE 4602 (MOTOR VEHICLE ASSEMBLY COATINGS), RULE 4603 (SURFACE COATING OFMETAL PARTSAND PRODUCTS), RULE 4653 (ADHESIVES) AND RULE 4684 (POLYESTER RESIN OPERATIONS) September 17,2009

BEFORETHE GOVERNING BOARDOF THE SAN JOAQUIN VALLEY UNIFIED AIR POLLUTIONCONTROL DISTRICT

IN THE MATTER OF: PROPOSED ) RESOLUTIONNO. 09-09-18 AMENDMENTS TO RULE4602 (MOTOR ) VEHICLE ASSEMBLY COATINGS), RULE ) 4603 (SURFACE COATING OF METAL PARTS AND PRODUCTS), RULE 4653 

### 1 (ADHESIVES)AND RULE 4684 

### 1 (POLYESTER RESINOPERATIONS) 

### 1 

## 1 WHEREAS, the San Joaquin Valley Unified Air Pollution Control District (District) is a duly constituted unified air pollution control district, as provided in California Health and Safety Code Sections40150 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 purposeof Division26 of the California Health and Safety Code; and

WHEREAS, pursuant to Section 107 of the Clean Air Act and 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 national and state health-based ozone air quality standards; and

WHEREAS, the federal Clean Air Act Section 172(c) provides that state implementation plans (SIPS) for nonattainment areas must include Reasonably Available ControlTechnology (RACT) for sources ofemissions; and

WHEREAS, Section 182(b)(2)(A) provides that for certain nonattainment areas, states must revise their SIPSto include RACT for each category of volatile organic compounds sources covered by the United States Environmental Protection Agency's (EPA's) Control Techniques Guidelines (CTG) documents between November 15, 1990and the date of attainment; and //I /I/ Resolution for Proposed Amendments -1- fo Rule 4602, Rule 4603, Rule 4653 and Rule 4684SJVUAPCO 990 E. Gettysburg Ave.

Fresno, CA 93726

(559)230-6000 SJ,VUA PCD Governing Board ADOPT PROPOSED AMENDMENTS TO RULE 4602 (MOTOR VEHICLE ASSEMBLY COATINGS), RULE 4603 (SURFACE COATING OF METAL PARTSAND PRODUCTS), RULE 4653 (ADHESIVES) AND RULE 4684 (POLYESTER RESIN OPERATIONS) September 17,2009

WHEREAS, the proposed amendments to Rule 4602 (Motor Vehicle Assembl) Coatings) incorporated the CTG for Automobile and Light Truck Assembly Coatings (EPA-453lR-08-006 dated Septernber 2008), Rule 4603 (Surface Coating of Meta Parts and Products) incorporated the CTG for Miscellaneous Metal and Plastic Parts Coatings (EPA-453lR-08-003 dated September 2008), Rule 4653 (Adhesives: incorporated the CTG for Industrial Adhesives (EPA 453lR-08-005 dated Septembe~ 2008), and Rule 4684 (Polyester Resin Operations) incorporated the CTG fo~ Fiberglass Boat Manufacturing Materials (EPA-453lR-08-004 dated September 2008) and WHEREAS, a public hearing for the adoption of amendments to Rule 4602 (Mot01 Vehicle Assembly Coatings), Rule 4603 (Surface Coating of Metal Parts anc Products), Rule 4653 (Adhesives), and Rule 4684 (Polyester Resin Operations) were duly noticed for September 17, 2009, in accordance with California Health and Safet) Code Section 40725. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Governivg Board hereby adopts the proposed amendments to Rule 4602 (Motor Vehicle Assembly Coatings), Rule 4603 (Surface Coating of Metal Parts and Products), Rule 4653 (Adhesives), and Rule4684 (Polyester Resin Operations). Said rules shall becomeeffective on January 1, 2011. 2. The Governing 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 Governing Board has allowed public testimony in accordance with California Health and Safety Code Section 40726. Ill Ill Ill Resolution for ProposedAmendments -2- to Rule 4602, Rule 4603 Rule 4653 and Rule 4684SJVUAPCD )90 E.Gettysburg Ave.

Fresno, CA 93726

(559)2306000 I SJVUAPCD Governing Board ADOPT PROPOSED AMENDMENTS TO RULE 4602 (MOTOR VEHICLE ASSEMBLY COATINGS), RULE 4603 (SURFACE COATING OFMETAL PARTSAND PRODUCTS), RULE 4653 (ADHESIVES) AND RULE 4684 (POLYESTER RESIN OPERATIONS) September 17,2009 

### 3. In connection with said rulemaking, the Governing 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 rules' amendments. Amending the rules is necessary to implement RACT pursuantto the provisions of the federal CleanAir Act. 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 4000

### 1.

c. 

### CLARITY. The Governing Board finds that said rules are written or displayed so that the meaning can be easily understood by those persons or industries directly affected by the said rules. 

# I d. 

### CONSISTENCY. The Governing Board finds that said rules are in harmony with, and not in conflict with or contradictory to, existing statutes, court decisions, or state or federal regulations. 

# I

e. 

### NONDUPLICATION. The Governing Board finds that said rules do not imposethe same requirements as any existing state or federal regulation. 

# I f. 

### REFERENCE. The Governing Board finds that said rulemaking implements Section 172(c)(l) and Section 182(b)(2)(A) of the federal Clean Air Act, and Section 40920 ofthe California Health and Safety Code. 

# I 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. 

# I

Resolution for Proposed Amendments -3- to Rule 4602, Rule 4603, Rule 4653 and Rule 4684SJVUAPCD

990 E. Gettysburg Ave.

Fresno, CA 93726

(559) 230-6000 SJVUAPC0 Governing Board ADOPT PROPOSEDAMENDMENTS TORULE 4602 (MOTOR VEHICLE ASSEMBLY COATINGS), RULE 4603 (SURFACE COATING OFMETAL PARTS AND PRODUCTS), RULE 4653 (ADHESIVES) AND RULE 4684 (POLYESTER RESIN OPERATIONS) September 17,2009 

# 115- The Governing Board finds that, because said rulemaking will have no possible 

# 11significant adverse effect on the environment, the proposed actions are exempt from 

# 11the provisions ofthe California Environmental Quality Act of 1970 (CEQA) under the 

# 11provisionsof Sections 15061 (b)(3) of the State CEQA Guidelines. 

# ll6- The Executive DirectorIAir Pollution Control Officer is directed to file a Notice of 

# I/Exemption with the County Clerks of each of the counties in the District. 

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

appropriate agencies certified copies of this resolution and the rules adopted herein and is directed to maintain a record of this rulemaking proceeding in accordance with l(CaliforniaHealth and Safety Code Section 40728. 

# 11 The Executive DirectorIAir Pollution Control Officer is directed to transmit said

ruleto the California Air Resources Board for incorporation inthe State Implementation Plan. 

### 9. The Governing Board authorizes the Executive DirectorIAir Pollution Control Officer to include in the submittal or subsequent documentation any technical corrections, clarifications, or additions that may be needed to secure EPA approval, provided such changes do not alter the substantive requirements of the approved 

# 11rules.

Resolution forProposed Amendments to Rule 4602, Rule 4603, Rule 4653 and Rule 4684SJVUAPCD Governing Board ADOPT PROPOSEDAMENDMENTS TO RULE 4602 (MOTOR VEHICLEASSEMBLY COATINGS), RULE 4603 (SURFACE COATING OFMETAL PARTSAND PRODUCTS), RULE 4653 (ADHESIVES) AND RULE 4684 (POLYESTER RESIN OPERATIONS) September 17,2009

AYES: Ayers, Barba, Case, Dominici, Forman, Gamboa, Nelson, ~'Brien, Omellas, Telles, Vierra, Watson, Worthley 1 2 

### 3

NOES: None 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 17th day of September 2009, to wit:



### ABSENT: Johnston, Miller

SAN JOAQUIN VALLEY UNIFIED DISTRICT

Chris Vierra, Chair Governing Board 16 

# 1 Clerk to the Governing Board

SJVUAPCD 390 E. GettysburgAve.

Fresno,CA 93726

(559)230-6000 BYClerktothe Board

Resolution for Proposed Amendments to Rule 4602, Rule 4603, Rule 4653 and Rule 4684