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 2 5 26 27 2 8 SJVUAPCD 990 E. GettysburgAve.

Fresno, CA 93726

(559)230-6000 SJVUAPCD Governing Board ADOPT REVISED PROPOSEDAMENDMENTS TO RULE 4682 (Polystyrene Foam, Polyethylene, and polypropylene Manufacturing) September20, 2007 BEFORETHE GOVERNING BOARDOF THE SANJOAQUINVALLEY UNIFIED AIR POLLU'TION CONTROL DISTRICT

INTHE MATTER OF: REVISED ) RESOLU'TION NO. 07-04-11 PROPOSEDAMENDMENTS TO RULE4682 ) (Polystyrene Foam, Polyethylene, and Polypropylene Manufacturing) 

## 1 ) WHEREAS, the San Joaquin Valley UnifiedAir Pollution Control District (District) is a duly constitutedunified 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 regulations to accomplishthe purpose of 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 California CleanAir Act as codified in Section40920 of the California 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 ozone plans committed the District to strengthen this rule to reduce ozone precursor emissions; and

WHEREAS, a public hearing for the adoption of amendments to Rule 4682 (Polystyrene Foam, Polyethylene, and Polypropylene Manufacturing) was duly noticed for September 20, 2007, in accordance with California Health and Safety Code Section 40725.



### Ill 

### Ill Ill Resolution for Revised Proposed Amendments to Rule46821 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2 0 2 1 22 23 24 25 26 27 28 SJVUAPCD 1990 E. Gettysburg Ave.

Fresno,CA 93726

(559)230-6000 SJVUAPCD Governing Board 4DOPTREVISED PROPOSED AMENDMENTS TO RULE 4682 (Polystyrene Foam, Polyethylene, and DolypropyleneManufacturing) September20, 2007 NOW, 'THEREFORE, BE IT RESOLVEDAS FOLLOWS: 1. The Governing Board hereby adopts amendments to Rule 4682 (Polystyrene Foam, Polyethylene, and Polypropylene Manufacturing). Said rule shall become 3ffective on September 20, 2007. 

### 2. The Governing Board hereby finds, based on the evidence and information 

### resented 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 Califorr~ia Health and Safety Code Section40726. 

### 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 p~~~blic and industry testimony, on the record for this rulemaking proceeding that a need exists for the said rule amendments. Amending the rule is necessary to meet reductions of volatile organic compound emissions called for in the District Ozone 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 bythesaid rule. d. CONSISTENCY. The Governing Board finds that said rule is in harmo~iy with, and not in conflict with or contradictory to, existing statutes, court decisions, or stateor federal regulations.

e. NONDUPLICATION. The Governing Board finds that said rule does not imposethe same requirements as any existingstate or federal regulation.

Resolution for Revised Proposed -2- Amendments to Rule 468228 SJVUAPCD 1990 E. Gettysburg Ave.

Fresno,CA 93726

(559) 230-6000 SJVUAPCD GoverningBoard ADOPT REVISED PROPOSEDAMENDMENTS TO RULE4682 (Polystyrene Foam, Polyethylene, and Polypropylene Manufacturing) September20, 2007 f. 

### REFERENCE. The Governing Board finds that said rulemaking implements Section 172(c)(l) of the 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 uponwhich 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 Rule4682 (Polystyrene Foam, Polyethylene, and Polypropylene Manufacturing) will significantly reduce emissions of volat~le organic compounds (VOC); b. VOC err~ission reductions will benefit San Joaquin Valley public health by reducing unhealthfulambient concer~trations of ozone; c. Techniques and technologies that comply with said rule are available and currently in use inthe SanJoaquin Valley; d. Complying with said rule is not expected to constitute an undue burden on affected industries;

e. Implementation of said rule will advance longstanding commitments by the District to implement every feasible measure for the reductionof ozone precursors. 6. The Governing Board finds that, because said rulemaking will have no possible significant adverse effect on the environment, the proposed actions are exempt from the provisions of the California Environmental Quality Act of 1970 (CEQA) under the provisions of Sections 15061 (b)(3) of the State CEQA Guidelines. 

### 111 Resolution forRevised Proposed Amendments to Rule 468228 SJVUAPCD 1990 E. Gettysburg Ave.

Fresno, CA 93726

(559)230-6000 SJVUAPCD Governing Board ADOPT REVISED PROPOSED AMENDMENTS TO RULE 4682 (Polystyrene Foam, Polyethylene, and Polypropylene Manufacturing) September20,2007 7. The Executive DirectorIAir Pollution Control Officer is directed tofile a Notice of Exerrlptionwith the County Clerks of eachof the counties inthe District. 8. 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. 

### 9. The Executive DirectorIAir Pollution Control Officer is directed to transmit said ruletothe CaliforrliaAir Resources Boardfor incorporation inthe State Implementation Plan. 10. 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 alterthe SI-~bstantive requirementsofthe approved rule. 

### Ill 

### Ill //I //I 

### Ill Ill /I/

Resolution forRevised Proposed -4- Amendments to Rule 4682SJVUAPCD 1990 E. Gettysburg Ave.

Fresno, CA 93726

(559) 230-6000 SJVUAPCD GoverningBoard 4DOPTREVISED PROPOSEDAMENDMENTS TO RULE 4682 (Polystyrene Foam, Polyethylene, and 3olypropyleneManufacturing) September20, 2007 THE FOREGOING was passed and adopted by the following vote of the Soverning Board of the San Joaquin Valley Unified Air Pollution Control District this 20th day of September 2007, to wit: AYES: MCQUISTON, BRAR, CASE, NELSON, PEREA, WHEEL,ER BARBA, O'BRIEN, VIERRA, ORNELLAS, WORTHLEX

NOES: NONE

ABSENT: NOW

SAN JOAQUINVALLEY UNIFIED AIR POLLUTION CONTROL DIS-TRICT



## /J StevenWorthley, Chair 

# 7 VGoverning Board 1

Resolution forRevisedProposec Amendments toRule 468;