SJMlAPCD b90 E. Gettysbug Ave.

Fresno, CA 93726

(559) 2304000 SJVUAPCD GoverningBoard ADOPT REVISED PROPOSEDAMENDMENTS RULE4103 (OPEN BURNING) April 15, 20 10 BEFORETHE GOVERNING BOARD OFTHE SAN JOAQUIN VALLEY UNIFIED AIR POLLUTIONCONTROL DISTRICT

INTHE MAlTER OF: REVISED PROPOSED RESOLUTIONNO. 10-04-12 AMENDMENTS TO RULE4103 (OPEN BURNING) 

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WHEREAS, the San Joaquin Valley Unified ~i'r Pollution Control District (District) is a duly constituted unified air pollutioncontrol.district,as provided inthe California Health and Safety Code Sections41050 et seq. and 40600 et seq.; and

WHEREAS, said district is authorized by the 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 (SJVAB) has been classified as a nonattainmentarea for the national health-based air quality standards for ozone and particulate matter with aerodynamic diameter of 2.5 micrometers or less (PM2.5); and

WHEREAS, pursuantto Section 39608 of the California Health and Safety Code, the SJVAB has been classified as a nonattainment area for the state health-based air quality standards for ozone and PM2.5; and

WHEREAS, the California Health and Safety Code (CH&SC) Section 41855.5 prohibits the District from issuing permits for open burning of certain agricultural materials based on four phase-down schedules. The District has already addressed the first three phases of the burn prohibition deadlines in prior amendments to Rule 4103 (Open Burning) in September 2004, May 2005, and May 2007. The final phase of the CH&SC open burn prohibition deadline which is set for June 1, 2010 is being addressed in a two-step process. The first step is the revised proposed amendments to Rule 4103 which incorporate the provisions of the CH&SC into Rule 4103 (Open Burning), which will allow the District to periodically review changes in agricultural -1

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SJWAPCD 10

E. Gettysburg Ave. Fresno,CA $3720

(559) uo6ooo SJVUAPCD GoverningBoard ADOPT REVISED PROPOSEDAMENDMENTS RULE4103 (OPEN BURNING) April 15. 2010 practices and consider non-burning alternatives for agricultural materials. The second step is a comprehensive report, "Staff Report and Recommendations on Agricultural Burning", on the economic and technological feasibility of alternatives to open burning of agricultural materials, which will be submitted to ,the Governing Board for consideration in May 2010 as a separate action; and

WHEREAS, the CH&SC Section 41855.6 authorizes the Districtto issue burn permits For agricultural materials or crops if the District determines all of the following: (a) that there is no economically feasible alternative means of eliminating the waste, (b) that there is no long-term federal or state funding commitment for the continued operation of biomass facilities, (c) that the continued issuance of permits for a specific category

or crop will not cause or contribute to a violation of an applicable federal ambient air quality standard, and (d) provided the CaliforniaAir Resources Board concurswith the District's determinations; and

WHEREAS, a public hearing for the revised proposed amendments of Rule 4103 (Open Burning) was duly noticed for April 15, 2010, in accordance with the CH&SC Section' 40725. NOW, 'THEREFORE, BE IT RESOLVEDAS FOLLOWS: 1. The Governing Board hereby adopts Proposed Amendments to Rule 4103 (Open Burning). Said rule shall becomeeffectiveon June 1, 2010.

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 the.CH&SC Section 40725, and the Governing Board has allowed public 'testimony in accordance with the CH&SC Section40726.

3. In connection with said rulemaking, the Governing Board makes the following findings as required by CH&SC Section 40727:

a. NECESSITY. The Governing Board finds, based on the staff report, on public and industrytestimony, and on the recordfor this rulemaking proceeding, that a

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WAPCD H) E. G-burg Ave. Fresno, CA 93726

(558)2304OOO SJVUAPCD GoverningBoard ADOPTREVISED PROPOSEDAMENDMENTSRULE4103 (OPENBURNING) April 15,2010 need exists for the said rule. Said action is necessaryto meet the requirements of the CH&SC Sections 41855.5 and 41855.6. b. AUTHORITY. The Governing Boardfinds that it has the legal authority for said 'rulemaking under the CH&SC 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 bythose persons or industries directly affected by said rule. d. CONSISTENCY. The Governing Board finds that said rule is in harmony with, and not in cor~flict with or contradictory to, existing statutes, court decisions, or state or federal regulations.

e. NOMDUPLICATION. The Governing Board finds that said rule does not imposethe same requirementsas any existing state or federal regulation. f. REFERENCE. The Governing Board finds that said rulemaking implements the CH&SC Sections 41855.5 and 41855.6.

4. The Governing Board herebyfinds that the requirements of the CH&SC Section 40728.5 to perform a cost effectiveness analysis for said rule amendments do not apply because the amendments do not implement Best Available Retrofit Control Technology, but merely implement the requirements of the CH&SC Sections 41855.5 and 41855.6. Additionally, the requirements of the CH&SC Section 40920.6 to perform a socioeconomic impact analysis for any rule amendments that significantly affect air quality or strengthen an emission limitation does not apply because the effects on air quality and emission limitations from said rule amendments are already established by the CH&SC Sections 41855.5 and 41855.6, and said amendments do not strengthen those emission limitations.

5. In connectionwith said rulemaking and based on the evidence and information presented at the hearing, upon which its decision is based, the Governing Board has determined that it is appropriate to incorporate the.aforementionedCH&SC Sections 41855.5 and 41855.6 burnprohibitionsof agricultural materials. -3- Resolulian forRevisedProposed Amenaments toRule4103SJVUAPCD )O E. GottyebugAvo. Fresno, CA 93726

(559) 2306000 SJVUAPCD GoverningBoard ADOPTREVISED PROPOSEDAMENDMENTSRULE 4103 (OPEN BURNING) April 15, 201 0

6. The Governing Board finds that.because said rulemaking will have no possible significant environmental impacts on the environment, the proposed action is exempt from the provisions of the California Environmental Quality Act of 1970 (CEQA) under provisionsof Section 15061 (b)(3) of the State CEQA guidelines.

7. The Executive DirectorlAir Pollution control Officer is hereby directed to cause to be filed a Notice of Exemptionwith the County Clerks of each of the counties inthe District.

9. The Executive DirectorlAir Pollution Control Officer is directed to file with all appropriate agencies certified copies of this resolution and the rule amended herein and is directed to maintain a record of this rulemaking proceeding in accordance with California Health and SafetyCode Section40728.

8. The Executive DirectorlAir Pollution Control Officer is directed to transmit said rule tothe California Air Resources Boardfor incorporation inthe State Implementation Plan.

10. The Governing Board authorizes the Executive DirectorlAir Pollution Control Officer to inckde in the submittal or subsequent documentation any technical corrections, clarifications, or additions that may be needed to secure EPA approval, providedsuch changes do not alter the substantive requirementsof the approved rule. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Resolution forRevised Proposed Amendmentsto Rule4103SJVUAPCD I90 E. GettysburgAve. Fresno,CA 93726

(559) 230-6000 SJVUAPCD GoverningBoard ADOPT REVISED PROPOSEDAMENDMENTSRULE 4103 (OPEN BURNING) Aprir 15,2010 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 15thday of April 2010, to wit: AYES: Ayers, Case, Dominici, Formant Johnstont Lane, Miller, Nelson, Telles, Vierra,,Watson, Worthley

NOES: NoneABSENT: None.

ABSTAIN: Barbat O1Brient Ornellas

SAN JOAQLllN VALLEY UNIFIED PIReQLUTlO\CONTROL 1 DISTRICT



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\ Tony ~arbh, Chair Governing Board ATTEST: Clerkto the Governing Board

Resolutionfor RevisedPmposed Amendments to Rule4103