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### 22 23 24 25 26 27 28 SJVUAPCD I90 E. GettysburgAve. Fresno, CA 93726

(559) 230-6000 SJVUAPCDGoverningBoard IDOPTPROPOSED AMENDMENTS TORULE4354 (GLASSMELTING FURNACES) September 16,2010

BEFORE THE GOVERNING BOARD OF THE SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT

INTHE MATTER OF: REVISED ) RESOLUTION NO. 10-09-14 PROPOSEDAMENDMENTS TO RULE4354 ) :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 regulationsto accomplishthe purpose of Division26 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, pursuantto Section 39608 of the California Health and Safety Code, the San JoaquinValley 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 allfeasible ernission control measures, including Proposed Amendments to Rule 4354 (Glass Melting Furnaces); and Ill Ill -1- Resolution for Proposec Amendments to Rule 43541 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2 1 22 23 24 25 26 27 28 SJVUAPCD 390 E. GettysburgAve.

Fresno, CA 93726

(559) 230-6000 SJVUAPCDGoverning Board ADOPT PROPOSEDAMENDMENTS TO RULE4354 (GLASSMELTING FURNACES) September 16, 2010

WHEREAS, a public hearingfor the adoption of Proposed Amendments to Rule 4354 (Glass Melting Furnaces) was duly noticedfor Septerr~ber 16, 2010, in accordance with California Health and Safety Code Section40725.

NOW, THEREFORE, BE IT RESOLVEDAS 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 onthe recordfor 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 satisfiesthe District's commitment in the District's 2007 Ozone Plan andthe 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 4354SJVUAPCD

990 E. Gettysburg Ave.

Fresno, CA 93726

(559) 230-6000 SJVUAPCD Governing Board ADOPT PROPOSEDAMENDMENTS TORULE4354 (GLASSMELTlNG 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 inthe San JoaquinValley; 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 aswell as reductionof particulate matter emissions. 6. The District has completed an Initial Study for said rulethat indicatesthe project will not result in any significant adverse effects to the environment, and a Proposed

-3- Resolution forProposed Amendments to Rule43541 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2 1 22 23 24 25 26 27 28 SJVUAPCD 990 E. Gettysburg Ave.

Fresno, CA 93726

(559) 230-6000 SJVUAPCD Governing Board ADOPT PROPOSED AMENDMENTS TO RULE4354 (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 pursuantto 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 Section40728. I// I// Ill Ill /I/ /I/ Ill Ill //I Resolution forProposed Amendments to Rule 435428 SJVUAPCD 990E. GettysburgAve.

Fresno, CA 93726

(559)230-6000 SJVUAPCD Governing Board ADOPT PROPOSEDAMENDMENTS TO RULE4354 (GLASS MELTING FURNACES) September 16,2010 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 16thday of September 2010, towit: AYES: Vierra, O'Brien, Omellas, Telles, Nelson, Case, Ayers, Lane, Dominici, Forman, Watson Barba

NOES: None

ABSENT: Worthley

## , Miller, Johnston

SANJOAQUIN VALLEY UNIFIED

Governing Board ATTEST: Clerkto

-. the GovernipBoard

Michelle Franco Clerktothe Board

Resolution for Proposed Amendments to Rule 4354