RESOLUTION 15-05

A RESOLUTION OF THE GOVERNING BOARD OF THE ANTELOPE VALLEY AIR QUALITY MANAGEMENT DISTRICT MAKING FINDINGS, CERTIFYING THE NOTICE OF EXEMPTION, ADOPTING THE 2015 8-HOUR REASONABLY AVAILABLE CONTROL TECHNOLOGY — STATE IMPLEMENTATION PLAN ANALYSIS (2015 RACT SIP ANALYSIS) AND DIRECTING STAFF ACTIONS.

On July 21, 2015, on motion by Member CRIST, seconded by Member CHELETTE, and carried, the following resolution is adopted: WHEREAS, the Antelope Valley Air Quality Management District (AVAQMD) has authority pursuant to California Health and Safety Code (H&S Code) §§40702, 40725-40728 to adopt, amend or repeal rules and regulations; and WHEREAS, the Federal Clean Air Act (FCAA) requires areas designated non-attainment and classified moderate and above to implement Reasonably Available Control Technology (RACT) for sources subject to Control Technique Guidelines (CTG) documents issued by the United States Environmental Protection Agency (USEPA) for "major sources" of volatile organic compounds (VOCs) and oxides of nitrogen (N0x) which are ozone precursors; and WHEREAS, effective May 27, 2008 (73 FR 16436, March 27, 2008), USEPA lowered the primary ozone National Ambient Air Quality Standard (NAAQS) from 0.084 parts per million (ppm) to 0.075 ppm; and WHEREAS, for purposes of the FCAA, the District has been designated non-attainment for ozone and classified as Severe-15 for the 8-hour standard; and WHEREAS, as a result of this change, USEPA is requiring that all non-attainment areas adopt and submit an updated 

### RACT SIP Analysis to ensure that District rules adequately address current RACT requirements; and WHEREAS, in 2006 the AVAQMD adopted the 

### 8-Hour Reasonably Available Control Technology — State Implementation Plan Analysis (RACT SIP Analysis) in response to change on March 9, 2006 of the previous ozone standard from measurement on a one- hour basis (1-hour ozone standard) to an eight-hour basis (8-hour ozone standard); and WHEREAS, on September 11, 2006, USEPA provided comments on the 2006 

### RACT SIP Analysisrequesting additional analysis on several rules to determine if they still represented RACT; and

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WHEREAS, on March 13, 2014, the AVAQMD sent the 

### 8-hour Ozone Reasonably Available Control Technology (RACT) State Implementation Plan (SIP) Analysis — Supplemental Analysis addressing these comments and providing the requested analysis of those rules identified by USEPA; and WHEREAS, this update was not acted on by the Governing Board pursuant to USEPA direction; and WHEREAS, the AVAQ1VED must now adopt an updated 

### 2015 RACT SIP Analysis for the 2008 0.075 ppm 8-hour ozone NAAQS; and WHEREAS, the information contained in the original 2006 

### RACT SIP Analysis, the information in the supplemental 

### 2014 RACT SIP Analysis, together with this document, will comprise an analysis sufficient to satisfy the RACT SIP Analysis request for the 0.075 ppm 8-hour ozone NAAQS; and WHEREAS, the 

### 2015 RACT SIP Analysis document satisfies 42 U.S.C. §§7511a (FCAA §182) regarding RACT requirements for the 8-hour ozone NAAQS, and WHEREAS, the resultant 

### 2015 RACT SIP Analysis will, upon adoption, be submitted to USEPA for approval; and WHEREAS, the proposed adoption of the 

### 2015 RACT SIP Analysis is necessary because the AVAQMD has been designated as an ozone non-attainment area and classified Severe-15 for the 0.075 ppm 8-hour ozone standard; and WHEREAS, the AVAQMD has the authority pursuant to H&S Code §40702 to amend rules and regulations; and WHEREAS, the proposed adoption is clear in that the meaning can be easily understood by the persons impacted by the 

### 2015 RACT SIP Analysis; and WHEREAS, the proposed amendments are in harmony with, and not in conflict with, or contradictory to existing statutes, court decisions, or state or federal regulations because this document is required to be developed pursuant to the FCAA and the regulations promulgated thereunder; and WHEREAS, the proposed amendments do not impose the same requirements as any existing state or federal regulation because federal law requires either certification of RACT status or updating rules to current RACT; and //

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WHEREAS, the proposed adoption is necessary because the AVAQMD has been designated as an ozone non-attainment area and classified Severe-15 for the 0.075 ppm 8-hour ozone standard and must submit a RACT SIP Analysis to the USEPA pursuant to the FCAA; and WHEREAS, a public hearing has been properly noticed and conducted, pursuant to H&S Code §40725, concerning the proposed adoption of the

### 2015 RACT SIP Analysis; and WHEREAS, the public hearing to consider the adoption of the 

### 2015 RACT SIP Analysis was originally noticed for the May 19, 2015 Governing Board meeting; and WHEREAS, the AVAQMD received substantive comments from USEPA and continued the hearing to June 16, 2015 and again to July 21, 2015 to address the comments; and WHEREAS, a Notice of Exemption, a Categorical Exemption (Class 8, 14 CCR §15308) for the proposed adoption of the 

### 2015 RACT SIP Analysis, completed in compliance with the California Environmental Quality Act (CEQA), has been presented to the AVAQMD Board; each member having reviewed, considered and approved the information contained therein prior to acting on the proposed adoption of the 

### 2015 RACT SIP Analysis, and the AVAQMD Board having determined that the proposed adoption will not have any potential for resulting in any adverse impact upon the environment; and WHEREAS, the Board has considered the evidence presented at the public hearing; and NOW, THEREFORE, BE IT RESOLVED, that the Governing Board of the AVAQMD finds that the proposed adoption of the 

### 2015 RACT SIP Analysis is necessary, authorized, clear, consistent, nonduplicative and properly referenced; and BE IT FURTHER RESOLVED, that the Governing Board of the AVAQMD hereby makes a finding that the Class 8 Categorical Exemption (14 CCR §15308) applies and certifies the Notice of Exemption for the proposed adoption of the 

### 2015 RACT SIP Analysis; and BE IT FURTHER RESOLVED, that the Board of the AVAQMD does hereby adopt, pursuant to the authority granted by law, the proposed 

### 2015 RACT SIP Analysis, as set forth in the attachments to this resolution and incorporated herein by this reference; and BE IT FURTHER RESOLVED, that this resolution shall take effect immediately upon adoption, that the Clerk of the Board is directed to file the Notice of Exemption in compliance with the provisions of CEQA.

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PASSED, APPROVED AND ADOPTED by the Governing Board of the Antelope Valley Air Quality Management District by the following vote: AYES : 4 MEMBER: CRIST, HAWKINS, CRELET 1E, UNDERWOOD-JACOBS NOES: MEMBER: ABSENT: 4 MEMBER: MANN, LEDFORD, DISPENZA, LAWSON ABSTAIN: MEMBER:

STATE OF CALIFORNIA SS: COUNTY OF LOS ANGELES

I, Crystal Goree, Deputy Clerk of the Governing Board of the Antelope Valley Air Quality Management District, hereby certify the foregoing to be a full, true and correct copy of the record of the action as the same appears in the Official Minutes of said Governing Board at its meeting ofJuly 21, 2015.

Deputy Cl of tile oVerning oard, Antelope Valley Air Quality Management District.

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