1 

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 

SJVUAPCD 

190 E. Gettysburg Ave. 

Fresno, CA 93726 

(559) 230-6000 

SJVUA PCD Governing Board 

ADOPT PROPOSED AMENDMENTS TO RULE 4602 (MOTOR VEHICLE ASSEMBLY COATINGS), 

RULE 4603 (SURFACE COATING OF METAL PARTS AND PRODUCTS), RULE 4653 (ADHESIVES) 

AND RULE 4684 (POLYESTER RESIN OPERATIONS) September 17, 2009 

BEFORE THE GOVERNING BOARD OF THE 

SAN JOAQUIN VALLEY UNIFIED 

AIR POLLUTION CONTROL DISTRICT 

IN THE MATTER OF: PROPOSED ) RESOLUTION NO. 09-09-18 

AMENDMENTS TO RULE 4602 (MOTOR ) VEHICLE ASSEMBLY COATINGS), RULE ) 

4603 (SURFACE COATING OF METAL 

PARTS AND PRODUCTS), RULE 4653 

1 

(ADHESIVES) AND RULE 4684 

1 

(POLYESTER RESIN OPERATIONS) 

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 Sections 401 50 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 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 Control Technology (RACT) for sources of emissions; and 

WHEREAS, Section 182(b)(2)(A) provides that for certain nonattainment areas, 

states must revise their SIPS to 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, 

1990 and the date of attainment; and 

//I 

/I/ 

Resolution for Proposed Amendments -1- fo Rule 4602, Rule 4603, 

Rule 4653 and Rule 4684 
SJVUAPCO 

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 PARTS AND 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 Rule 4684 (Polyester Resin Operations). Said 

rules shall become effective on January 1, 201 1. 

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 Proposed Amendments 

-2- to Rule 4602, Rule 4603 

Rule 4653 and Rule 4684 
SJVUAPCD 

)90 E. Gettysburg Ave. 

Fresno, CA 93726 

(559) 2306000 

I 

SJVUA PCD Governing Board 

ADOPT PROPOSED AMENDMENTS TO RULE 4602 (MOTOR VEHICLE ASSEMBLY COATINGS), 

RULE 4603 (SURFACE COATING OF METAL PARTS AND 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 pursuant to the provisions of the federal Clean Air 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 

impose the 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 4684 
SJVUAPCD 

990 E. Gettysburg Ave. 

Fresno, CA 93726 

(559) 230-6000 

SJVUA PC0 Governing Board 

ADOPT PROPOSED AMENDMENTS TO RULE 4602 (MOTOR VEHICLE ASSEMBLY COATINGS), 

RULE 4603 (SURFACE COATING OF METAL PARTS AND PRODUCTS), RULE 4653 (ADHESIVES) 

AND RULE 4684 (POLYESTER RESIN OPERATIONS) 

September 17, 2009 

11 5- 

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

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

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

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

ll 6- 

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. 

11 7. 

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(California Health and Safety Code Section 40728. 

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

rule to the California Air Resources Board for incorporation in the 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 

11 rules. 

Resolution for Proposed Amendments 

to Rule 4602, Rule 4603, 

Rule 4653 and Rule 4684 
SJVUA PCD Governing Board 

ADOPT PROPOSED AMENDMENTS TO RULE 4602 (MOTOR VEHICLE ASSEMBLY COATINGS), 

RULE 4603 (SURFACE COATING OF METAL PARTS AND 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: Johns ton, Miller 

SAN JOAQUIN VALLEY UNIFIED 

DISTRICT 

Chris Vierra, Chair 

Governing Board 

16 1 Clerk to the Governing Board 

SJVUAPCD 

390 E. Gettysburg Ave. 

Fresno, CA 93726 

(559) 230-6000 

BY 

Clerk to the Board 

Resolution for Proposed Amendments 

to Rule 4602, Rule 4603, 

Rule 4653 and Rule 4684