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SJVUAPCD 

990 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) 

September 20, 2007 

BEFORE THE GOVERNING BOARD OF THE 

SAN JOAQUIN VALLEY UNIFIED 

AIR POLLU'TION CONTROL DISTRICT 

IN THE MATTER OF: REVISED ) RESOLU'TION NO. 07-04-11 

PROPOSED AMENDMENTS TO RULE 4682 ) 

(Polystyrene Foam, Polyethylene, and 

Polypropylene Manufacturing) 

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) 

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 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 

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 California Clean Air Act as codified in Section 40920 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 Rule 4682 
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SJVUAPCD 

1990 E. Gettysburg Ave. 

Fresno, CA 93726 

(559) 230-6000 

SJVUAPCD Governing Board 

4DOPT REVISED PROPOSED AMENDMENTS TO RULE 4682 (Polystyrene Foam, Polyethylene, and 

Dolypropylene Manufacturing) 

September 20, 2007 

NOW, 'THEREFORE, BE IT RESOLVED AS 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 Section 40726. 

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 by the said 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 state or federal regulations. 

e. NONDUPLICATION. The Governing Board finds that said rule does not 

impose the same requirements as any existing state or federal regulation. 

Resolution for Revised Proposed -2- Amendments to Rule 4682 
28 

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) 

September 20, 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 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 4682 (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 unhealthful ambient concer~trations of ozone; 

c. Techniques and technologies that comply with said rule are available and 

currently in use in the San Joaquin 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 reduction of 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 for Revised Proposed 

Amendments to Rule 4682 
28 

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) 

September 20, 2007 

7. The Executive DirectorIAir Pollution Control Officer is directed to file a Notice of 

Exerrlption with the County Clerks of each of the counties in the 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 Section 40728. 

9. The Executive DirectorIAir Pollution Control Officer is directed to transmit said 

rule to the Califorrlia Air Resources Board for incorporation in the 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 alter the SI-~bstantive requirements of the approved rule. 

Ill 

Ill 

//I 

//I 

Ill 

Ill 

/I/ 

Resolution for Revised Proposed -4- Amendments to Rule 4682 
SJVUAPCD 

1990 E. Gettysburg Ave. 

Fresno, CA 93726 

(559) 230-6000 

SJVUAPCD Governing Board 

4DOPT REVISED PROPOSED AMENDMENTS TO RULE 4682 (Polystyrene Foam, Polyethylene, and 

3olypropylene Manufacturing) September 20, 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 JOAQUIN VALLEY UNIFIED 

AIR POLLUTION CONTROL DIS-TRICT 

/J Steven Worthley, Chair 7 

V Governing Board 1 

Resolution for Revised Proposec 

Amendments to Rule 468;