NORTHERN SIERRA AIR QUALITY MANAGEMENT DISTRICT Gretchen Bennitt. APCO 

Main Office Quincy Field Office Truckee Field Office 

200 Litton Drive, Ste. 320 Courthouse Annex 13450 Donner Pass Road, Suite B 

P.O. Box 2509 P.O. Box 3981 P.O. Box 9766 

Grass Valley, CA 95945 Quincy, CA 95971 Truckee, CA 96162 

(530) 274-9360 1 FAX: (530) 274-7546 (530) 283-4654 1 FAX: (530) 283-0699 (530) 550-7872 1 FAX: (530) 587-2623 

www.rnvairdistrict.com; oftice@myairdistrict.com 

June 28,2007 

Catherine Witherspoon 

Executive Officer 

California Air Resources Board 

PO Box 2815 

Sacramento. California 95812 

Subject: Submittal of Reasonably Available Control Technology element of State 

Implementation Plan (RACT SIP) for transmittal to EPA 

Dear Ms. Witherspoon: 

Introduction 

The Northern Sierra Air Quality Management District (referred to here as the District) 

encompasses the California counties of Nevada, Plumas and Sierra. Western Nevada County 

was designated in 2004 as nonattainment for the federal 8-hour ozone standard. 

In partial fulfillment of requirements under the Clean Air Act, the District has adopted all 

Reasonably Available Control Technology (RACT) as expeditiously as practicable. Enclosed is 

the RACT element of the District's ozone State Implementation Plan (SIP) for the Western 

Nevada County Nonattainment Area, adopted June 25,2007 by the District's Board of Directors. 

Comments 

On June 5,2007, Stanley Tong of EPA commented via telephone that we should include more 

detail on how we determined that there were no additional sources in the nonattainment area that 

are subject to one of the established RACT source categories, and should commit to 

implementing RACT if any additional sources are discovered or become subject to RACT. The 

section of the RACT SIP titled RACT Implementation describes the methodology used: the 

District checked all permitted sources and cross-referenced its emission inventory to identify 

RACT sources. In addition. the District used the local vhone book and svoke with several 

entities and individuals on the phone (including the local newspaper) to make sure no subject 

sources were missed. If any additional sources that are subject to a CTG or ACT document are 

discovered in the nonattainhent area in the future, RACT will be implemented for those sources. 

Comments by the California Air Resources Board on a draft version of the RACT SIP were 

incorporated into the RACT SIP. The District received no additional comments from the public 

or any other entity. 
Comment Responses 

Pursuant to EPA's June 5 verbal comments, the District hereby commits to notify EPA, to 

implement appropriate RACT, and to amend the RACT SLP appropriately in thecase that 

additional RACT applicability is triggered for any reason. Principally, this would be the case if 

any new CTG- or ACT-covered source type (major or otherwise) moves into the nonattainment 

area or any source's emissions increase to a level triggering RACT applicability, or if the major 

source threshold is lowered via redesignation to a nonattainment classification that causes any 

source to become subject to RACT. As stated in the enclosed RACT SIP, the largest-emitting 

source currently in the nonattainment area emits fewer than ten tons per year of ozone 

precursors. 

Enclosures 

Pursuant to the requirements of 40 CFR Part 51, Appendix V, this letter has three enclosures: 

1) The District's Board-adopted RACT SIP; 2) proof of public notice of the RACT SIP adoption 

by the District Board of Directors; and 3) Board resolution indicating adoption of the RACT SIP. 

Please contact me (530-274-9360 x102; g~ or Sam Longmire of my 

staff (530-274-9360 x106; sm@,myairdistrict.com) with any questions or for further 

information. 

Sincerely, 

Air Pollution control Officer 

Enclosures: 

1) District-adopted RACT SIP for transmittal to EPA (4 copies with this letter; 1 copy 

for cc's) 

2) Proof of public notice of the RACT SIP adoption by the District Board of Directors 

3) Board resolution indicating adoption of the RACT SIP 

Cc: 

Kurt Karperos, California Air Resources Board 

Gary Honcoop, California Air Resources Board 

Carol McLaughlin, California Air Resources Board 
NORTHERN SIERRA AlR QUALITY MANAGENIENT D1STRjCT Gretchen Bennitt. APCO 

Main Office Quincy Field Office Truckee Field Office 

200 Litton Drive, Ste. 320 Couifl~ouse Annex 13450 Donner Pass Road, Suite B 

P.O. Box 2509 P.O. Box 3981 P.O. Box 9766 

Grass Valley, CA 95945 Quincy, CA 95971 

(530) 274-9360 IFAX: (530) 274-7546 (530) 283-4654 I FAX: (530) 283-0699 

office@myairdistrict.com; w.mvairdistrict.com 

Truckee, CA 96162 

(530) 550-7872 IFAX: (530) 587-2623 

REASONABLY AVAILABLE CONTROL TECHNOLOGY (RACT) 

STATE IMPLEMENTATION PLAN (SIP) 

FOR 

WESTERN NEVADA COUNTY 

8-HOUR OZONE NON-ATTAINMENT AREA 

Submitted In Partial Fulfillment of Obligations under the Federal Clean Air Act 

June 25,2007 

Prepared by: Samuel F. Longmire, Air Pollution Control Specialist 

Northern Sierra Air Quality Management District 

SERVING THE COUNTIES OF NEVADA. PLUMAS AND SIERRA 
EXECUTIVE SUMMARY 

The federal Clean Air Act (CAA) requires certain categories of sources in ozone non-attainment 

areas to implement control methods called "reasonably available control technology" (RACT). 

EPA defines RACT as the lowest emission limitation that a particular source is capable of 

meeting by the application of control technology (i.e., devices, systems, process modification, or 

other apparatus or techniques that reduce air pollution) that is reasonably available considering 

technological and economic feasibility. 

The RACT requirement is meant to ensure that non-attainment areas have in place all RACT for 

source categories covered by a Control Techniques Guideline (CTG) document issued by EPA, 

and for all major sources of air pollution that that are not subject to a CTG. Alternatively, for 

each source category covered by a CTG the local air district may declare that there arc no 

sources, either existing or anticipated, in its area that are subject to a RACT requirement, which 

makes the requirement to adopt a rule for those types of sources no longer applicable. This is 

known as a Negative Declaration. 

Under the CAA, each federally designated non-attainment area must submit to the California Air 

Resources Board for approval and transmittal to EPA a plan, known as a State Implementation 

Plan (SIP), for attaining federal ambient air quality standards. Implementing RACT is one of the 

many requirements the non-attainment area must meet. This document addresses federal 

requirements for identifying and implementing RACT, presents appropriate Negative 

Declarations, and describes the processes the District used in its determinations. Collectively, 

this is termed a "RACT SIP," and it must undergo a public review process. 

INTRODUCTION 

The Northern Sierra Air Quality Management District (refeaed to here as the District) includes 

the ma1 California counties of Plumas, Sierra and Nevada. Most of the District's ozone is 

transported fro111 the "Sacralnento Metro" area, as defined in the Air Quality Designations and 

Classifications for the 8-I-Iour Ozone National Ambient Air Quality Standards final rule (69 

Federal Register, 23858, April 30, 2004). 

The WesternNevada County portion of the District was designated Basic Non-attainment for the 

8-hour ozone NAAQS, effective June 15,2004. The entire population of the mostly forested 

nonattainmel~t area is approximately 75,000, with a density of only 0.14 persons per acre (6.9 

acres per person). The largest stationary e~nission source in the nonattaimnent area is a furniture 

manufacturer that emits approximately 9 tons per year of ROG. Since regional emissions of 

ozone precursors cannot be reduced quickly enough for western Nevada County to demonstrate 

attainment by its deadline of 2009, an extension to a later date is being sought. Therefore, the 

requirements in Title 1, Part D, Subpart 1 of the Clean Air Act (as amended in 1990) apply, 

pursuant to CFR 51.912(c)(l). 172(c)(l) of the CAA requires "the implementation of all 

SERVING THE COUNTIES OF NEVADA, PLUMAS AND SIERRA 
reasonably available control measures as expeditiously as practicable." CFR Section 

51.912(~)(2) requires that areas requesting an attainment date more than five years after the nonattaument designation adopt RACT as specified in 182(b)(2) of the CAA. 182(b)(2) specifies 

the implementation of RACT for each category of sources in the non-attainment area that is 

covered by CTG docu~nelit, as well as any non-CTG major sources (none of which exist in the 

non-attainment area). 

Prior to being designated non-attainmei~t for the federal 8-hour ozone standard, the District has 

always been either "attainment" or "unclassified" for all National Ambient Air Quality 

Standards, so no prior RACT determinations have been made. 

RACT SIP SUBMITTAL COMPLETENESS CRITERIA 

40 CFR Part 51, Appendix V sets forth ininimunl SIP submission completeness criteria. The 

District interprets the requirements in Appendix V to consist of the following underlined items, 

with respect to this FACT submittal. The general format and location of each item in tbis 

document is also listed, for ease of reference. 

Evidence that RACT rules have been adopted, including the date of adoption and the 

effective date. Evidence is contained in Attachment 1: Board of Directors Rule Adoption 

Resolutions. Also, the section of tlis document titled "Discussion of Individual RACT 

Rules" lists adoption dates and effective dates. Effective dates are the same as adoption 

dates except as indicated in the rules themselves. 

Evidence of legal authority to adopt and implement RACT rules. The section, "Legal 

Authority," discusses this. 

Copies of the actual rules. These comprise Attachment 2a. 

Evidence that local procedural requirements have been followed in adoption of the rules. 

Local procedural requirements include public notice, public hearings, solicitation and 

consideration of public comment, appropriate responses to public comments, adoption by 

the District's Board of Directors in a public forum via resolutions, and specific fmdings 

and analyses under the California Health and Safety Code $40727 and 40727.2. All local 

procedural requirements are discussed in this document under their specific headings, 

except for the Health and Safety Code findings and analyses. These were addressed in 

Staff Reports for the RACT rules, which were made publicly available and were 

referenced in the public notices, and subsequei~tly considered by the District's Board in 

the rule adoption process. Copies of the staffreports for rules 213,214,215,227 and 228 

are included as Attachment 2b. For rules 215-220, adopted in 1988 and again in 1991, 

the District's files do not contain staff reports. However, the adoption resolutions for 

those rules verify that local procedural requirements were followed. 

Evidence that public notice was given, including the dates of such notice. In adopting 

RACT rules, the District provided at least a 30-day advance public notice, for both a 

public hearing and rule adoption, in a major newspaper in all three counties under the 

District's jurisdiction, even though the RACT provisions only apply in the 11011- 

attainment area. Evidence of public notice is presented in Attaclment 3. 

SERVING THE COUNTIES OFNEVADA, PLUMAS AND SIERRA 
* Evidence that public hearings were held as appropriate. Notices of public hearings were 

included with the public notices for rule adoption. The California Health and Safety 

Code $40725 requires districts to hold publicly noticed public hearings for the adoption 

or amendment of anv rule or regulation. - 

A compilatio~l of all public comnents received and the responses to those comments. 

There were no public conlments received on anv of the RACT rules. 

the non-attainment area. 

* Identification of the locations of affected sources, including the EPA attainmentlnonattainment designations of the areas where the affected sources exist. %is is included in 

the section of this document titled "Discussion of Individual RACT Rules." 

Ouantification of allowable emissions from the affected sources and estimates of changes 

in actual emissions resultinrr from the rules. The rules themselves include allowable 

emissions in many cases. Additional information is included in the section of this 

document titled "Discussion of Individual RACT Rules." 

Compliance/enforcement strategies, including how comvliance will be determined in 

practice. The section of this document titled "Compliance and Enforcement Strategies" 

surnlnarizes the mechanisms by which compliance and enforcement are assured. Rules 

referenced in that section are included as Attachment 4. 

Some additional requirements in Appendix V are fulfilled by specifics contained within the rules 

themselves (e.g. recordkeeping, etc.). Further requirements, including an attainment 

demonstration, will be Mfilled by the State in its subnlission of the entire State's SIP to EPA. 

LEGAL AUTHORITY 

The District is authorized to adopt rules, and to regulate sources of air pollutants, by the 

California Health and Safety Code $40001 and 540702. 

RACT IMPLEMENTATION 

The District performed an analysis of sources located in the non-attainment area to determine 

which RACT measures may apply. This involved researching all Control Techniques Guideline 

(CTG) documents, as well as all pertinent EPA guidance, and determining their applicability to 

sources in the District. 

The District requires a Permit to Operate for all sources emitting 1,000 pounds per year or more 

of any criteria pollutant or precursor, per District Rule 401 (Permit Required) and 402 

(Exemptions lo Rule 401). These rules are included with this submittal. In defining a "vehicle" 

for purposes of Rule 402(A)(1), the District applies the definition set forth in Section 670 of the 

California Vehicle Cog: The District checked all permitted sources for RACT applicability and 

adopted RACT as exped~tio%sly as practicable for those sources to which RACT applies, to 

SERVING THE COUNTIES OF NEVADA. PLUMAS AND SIERRA 
become effective as expeditiously as practicable. The District also cross-referenced its emission 

inventory to identify additional, non-CTG sources and categories, and adopted RACT for a11 

subject emission sources. Being a rural area (population approxinlately 75,000) with very little 

industrial development, the District is familiar with the air pollutioii sources in the nonattainment area and is confident that there are no major or synthetic minor sources of any kind in 

the non-attainment area. In fact, the largest-emitting source, a furniture-coating facility, emits 

fewer than 10 tons of ozone precursors per year. 

The District also evaluated its existing rules to determine if they meet RACT. Rules 218,219 

and 220 collectively meet RACT for ta& truclts and bulk gasoline facilities. Lamar Mitchell of 

the California Air Resources Board concurs with this determination. These rules are included in 

tlus submission. In addition, Rules 216 and 217 (also included here) augment RACT for 

gasoline vapor recovery. 

In its determination of "as expeditiously as practicable," the District communicated with affected 

sources to ascertain the earliest date by which they could comply. In no case was the effective 

date set for later than January 1,2009, per EPA guidance. 

DISCUSSION OF INDIVIDUAL RACT RULES 

The adoption and effective dates of each rule are listed at the end of each discussion section. 

2 13: Storape of Gasoline Products 

The previously Rule 21 3 did not require Phase I vapor recovery for gasoline storage in tanks 

larger than 250 gallons. RACT requires this, so the rule was amended accordingly. The District 

does not know of any sources that are affected and do not already have Phase I vapor recovery, 

so no emission reductions were quantified. However, there is enough likelihood of there being 

an affected source either at present or in the future that this rule was modified to strictly comply 

with RACT. Amended March 26,2007. Effective March 26,2007. 

214: Phase I Vapor Recovery Requirements; 215: Phase I1 Vapor Recovew System 

Requirements 

These rules work together. - and the State conlbines Phase I and Phase 11 in its emission illventow 

methodology. This is the methodology the District used to calculate the emission reductions 

afforded by the rules. Therefore, they are being discussed here together. 

The previous Rule 214 did not require Phase I vapor recovery for gasoline transfer (as opposed 

to "storage," which is addressed in Rule 213) involving tanks larger than 250 gallons, and 

exempted non-retail facilities. Also, the previous rule contained various exemptions, such as for 

facilities with an annual throughput of less than 480,000 gallons. This did not meet the 

requirements of RACT (based on consultation with, and guidance from, the Califonlia Air 

Resources Board), so the rule was amended accordingly. The most important change is that nonretail facilities (such as the California Highway Patrol and California State Parks) are no longer 

SERVING THE COUNTIES OF NEVADA, PLUMAS AND SIERRA 
exempt in western Nevada County. The amended rule includes an exemption for facilities with a 

throughput that never exceeds 10,000 gallons in any month. Two facilities will probably have to 

upgrade to Phase I vapor recovery under the amended rule. The District has detemlined that the 

control technology is reasonably available within the constraints of federal RACT analysis 

requirements. 

The previous Rule 21 5 contained various exemptions, such as for non-retail facilities and 

facilities with a1 annual throughput of less than 480,000 gallons. This does not meet the 

requirements of RACT, so the rule is being amended accordingly. The amended rule applies to 

non-retail facilities as well as retail facilities, but includes an exemption for facilities with a 

monthly throughput that never exceeds 10,000 gallons. The amended Rule 215 also deletes a 

cunlbersome list of potential vapor recovery detects fiom the California Code of Regulations, 

Section 94006, and simply inco~porates that Section by reference. 

The estimated reduction in TOG (total organic gas) emissions is presented in the following table. 

For gasoline vapors, TOG equals VOC because the vapors are considered 100% photochemically 

reactive, according to the California Air Resources Board's speciation profiles for 2006. 

Emission Source I Emission 1 Emission I Affected Source 

Underground 

Tanks - Transfer 

Vehicle Fueling - 

Displacement 

Underground 

I I I I I 

Table 1. TOG (VOC) Emission Reductions fiom Vapor Recovery Rule Anlendments. Source: 

Einission factors in colu~nns 1-3 are Qoin California Ai Resources Board -Emission Inventory Methodology, 

Section 4.10: Gasoline Dispensing Facilities (Revised May, 1999). 

Tanks - Breathing 

Vehicle Fueling - 

Spillage 

Totals (lbs.) 

The District estimates that approximately 1.2 million gallons of gasoline per year is dispensed by 

facilities that will have to install vapor recovery in western Nevada County under the proposed 

rule revisions. Applying the VOC emission reductions listed in the table above yields estimated 

VOC reductions of 19,920 pounds (9.96 tons) per year (.027 tons per day) froin the proposed 

rule revisions. Man-made VOC emissions for western Nevada County are estimated at 10.64 

tons per day for 2006. Thus, amending Rules 214 and 215 will result in a reduction of 

Factor 

Without 

Control 

(lbs11000 gal) 

8.4 

8.4 

0.84 

SERVING THE COUNTIES OF NEVADA, PLUMAS AND SIERRA 

0.64 

18.28 

Factor With 

Control 

(lbsl1000 gal) 

0.42 

----- 

0.74 

0.1 

0.42 

1.68 

Emissions 

(lbslyear) Without 

Control (Assuming 

1,200,000 gallyear) 

10,080 

10,080 

1,008 

Emissions 

(Ibslyear) With 

Control (Assuming 

1,200,000 gallyear) 

5 04 

888 

120 

768 

21,936 

(10.97 tonslyear) 

504 

2,016 

(1.01 tonslyear) 
approximately .25% of anthropogenic VOC emissions in the non-attainment area. The District 

estimates that the total cost of all upgrades, inspections and permitting for all affected facilities 

combined to be approximately $130,000, wit11 ongoing costs of approxilllately $6,000 per year 

for permitting, inspections and maintenance. If all work is performed just before the deadline of 

October 3 1,2008, this yields a cost effectiveness figure of approximately $128,713 per annual 

ton of emissions reduced the f~st year 2008-2009) and $5,941 per ton in perpetuity. It could also 

be expressed as $1 8,400 per ton over ten years. These figures are reasonable but rough 

approximations, with a large margin of error. Both Rules amended March 26,2007. Effective 

March 26,2007. 

216: Delivery Vessels Equi~ped With Vapor Recoverv; 217: Delivery Vessels Not Equipped 

With Vapor Recovery; 218: Vapor Collection and Disoosal System at Loading Facilities 

These are all pre-existing rules, and are being submitted in partial fulfillment of RACT 

requirements, since they are relatively standard throughout California (hence, a reasonably 

available control technology) and complete the overall vapor recovery program. Emission 

reductions from these pre-existing rules are already incorporated in the emissions baseline. All 

three rules adopted September 11, 1991. Effective September 11, 1991. 

219: Storage of Gasoline Products at Bulk Facilities; 220: New or Modified Bulk Petroleum 

Facilities 

These rules are being considered together since they work together in practice and fulfill RACT 

as set forth in ihe CTG, "Control of Volatile Organic Enlissions from Bulk Gasoline Plants, 

EPA-45012-77-035, December 1977." No additional emission reductions (beyond baseline) 

result from these pre-existing rules. Both rules adopted September 11, 1991. Effective 

September 11, 1991. 

227: Cutback and Emulsified Asphalt Paving Materials 

Western Nevada County's only known source of cutback asphalt is aplant in the Roseville area, 

Placer County, CA. There also may be some cutback asphalt imported to western Nevada 

County from the Marysville/Yuba City area and from a plant in Truckee (Eastern Nevada 

County). No cutback asphalt is currently produced in western Nevada County, although the 

capability exists at one facility. Because of the potential for an affected source, the District 

adopted this rule (at the direction of the California Air Resources Board) to satisfy RACT as set 

forth in "Control of Volatile Organic Co~npounds from Use of Cutback Asphalt, EPA-45012-77- 

037, December 1977." The ilue was modeled after Placer County's Cutback Asphalt rule (Rule 

217: Cutback Asphalt and Emulsified Paving Materials), which EPA approved into Placer 

County's 1-hour Ozone SLP 4-30-97 via 62 FR 23365. Like Placer's rule, Rule 227 limits the 

VOC content of cutback and emulsified asphalt, consistent with most asphalts of these types 

currently produced in Califonlia. The rule differs from the control technology set forth in EPA's 

guidance document, "Beyond VOC RACT CTG Requirements" (April, 1995) in that the 

guidance merely recommends substituting emulsified asphalt for cutback asphalt while the 

proposed rule still allows the use of cutback asphalt but limits the VOC content, and also limits 

the VOC content of emulsified asphalt. The NSAQMD believes the proposed mle is similar in 

SERVING THE COUNTIES OF NEVADA, PLUMAS AND SIERRA 
effect to the guidance, and is equally stringent. No additional emission reductions (beyond 

baseline) result from tlGs rule. Adopted November 27,2006. Effective November 27,2006. 

228: Surface Coaling of Metal Parts and Products 

This proposed rule applies to businesses that coat (with paint or other coatings) metal parts and 

products. It is modeled after an EPA-approved rule currently in effect in the Mojave Desert 

AQMD, combined with EPA's Control Technique Guideline (CTG) contained in the document, 

"Model Volatile Organic Compound Rules for Reasonably Available Control Technology," 

section XX.3020 (June, 1992). An applicability exemption of 15 pounds per day of total 

potential VOC eillissioils has been included in the proposed rule, consistent with EPA guidance. 

Since the proposed rule contains provisions limiting the VOC content of solvei~ts used in surface 

preparation and cleanup, as well as miscelIaneous metal parts coating, it is more stringent than 

EPA's model rule. The NSAQMD has surveyed similar rules in effect throughout the State and 

determined that these additional provisions are consistent with provisions in other nonattainment areas in California, making the technology reasonably available. 

The only business in western Nevada County that this rule is anticipated to affect is Serra 

Corporation. The NSAQMD has coordinated with Serra in the developinent of this iule, and 

Serra Corporation believes it will be able to comply by the effective date of January 1,2009, 

with modifications to several i@ coating selections. Most of the coatings Serra currently uses 

comply with the standards in the proposed rule. The regulation would provide for an am~ual 

emission reduction of approximately 112 to 1 ton per year of VOCs. Also, any future metal parts 

and products coating businesses with VOC emissions in excess of 15 pounds per day in the nonattainment area would be subject to tl~e rule. Adopted November 27,2006. Effective January 1, 

2009. 

FEDEML NEGATIVE DECLARATIONS 

The District performed a thorough RACT analysis and adopted all CTG RACT measures that 

apply to sources in the non-attainment area. The following table summarizes actions taken to 

meet RACT and includes all federal negative declarations. The left-hand column lists the CTGs 

(adapted from a comprehensive list published by EPA on May 18,2006 in the document, 

"RACT Qs & As -Reasonably Available Control Technology (RACT): Questions and 

Answers"). The right-hand column lists either the action taken or the negative declaration 

pursuant to that CTG. 

SERVING THE COUNTIES OF NEVADA, PLUMAS AND SIERRA 
Table 2. RACT Actions and Negative DecIarations 

1. Design Criteria for Stage I Vapor Control 

Systems - Gasoline Service Stations, November 

1975. [EPA never assigned a document number to 

- 

3. Control of Volatile Organic Emissions from / There are no existing or anticipated sources ( 

These criteria are incorporated into State 

regulations for Stage 1 vapor recovery. 

The District revised Rule 214 to specify 

Existing Stationary Sources, Volume I: Control 

Methods for Surface Coating Operations, EPA45012-76-028, November 1976. [This document is 

source category, so it was not implemented 

as RACT. Individual District operating 

permits specify control techniques for 

- 

77-008, May 1977. 

4. Control of Volatile Organic Emissions from 1 The only source type in 

Existing Stationary Sources, Voluine 11: Surface 

Coating of Cans, Coils, Paper, Fabrics, 

Automobiles, and Light-Duty Trucks, EPA-45012- 

in these categories in the non-attainment 

area. 

45012-77-033, December 1977. " " 

9. Control of Volatile Organic Emissions froin I There are no existing or anticipated sources 

Solvent Metal Cleaning, EPA-45012-77-022, 

November 1977. 

5. Control of Refinery Vacuum Producing 

Systems, Wastewater Separators, and Process Unit 

Turnarounds, EPA-45012-77-025, October 1977. 

6. Control of Hydrocarbons from Tank Tmclc 

Gasoline Loading Terminals, EPA-45012-77-026, 

December 1977. 

7. Control of Volatile Organic Emissions from 

Existing Stationary Sources, Volume 111: Surface 

Coating of Metal Funliture, EPA-45012-77-032, 

December 1977. 

8. Control of Volatile Organic Emissions froin 

Existing Stationary Sources, Volume IV: Surface 

Coating for Insulation of Magnet Wire, EPASERVING THE COUNTIES OF NEVADA, PLUMAS AND SIERRA 

area that is covered by this CTG is cold 

cleaners. These are exempt fiom RACT in 

the non-attainment area because it is rural 

(pop. <200,000), pursuant to the EPA 

memo, "Clarification of Degreasing 

Regulation Requirements" (September 7, 

1978). Thus, RACT was not implemented. 

Nonetheless, the District went beyond 

RACT by implementing Rule 229 to 

address emissions from these types of 

sources. 

There are no existing or anticipated sources 

in this category in the non-attainment area. 

There are no existing or anticipated sources 

in this category in the non-attainment area, 

There are no existing or anticipated sources 

in this category that exceed deminimis 

levels in the non-attainment area. 

There are no existing or anticipated sources 

in this category in the non-attailunent area. 
Bulk Gasoline Plants, EPL-45012-77-035, analysis, the District's current rules 219 

December 1977. and 220 meet RACT for this source 1 

Existing Stationary Sources, Volume V: Surface 

Coating of Large Appliances, EPA-45012-77-034, 

1 category. 

11. Control of Volatile Organic Emissions from / The District revised Rule 213 to implen~e~lt 

in this category in the non-attainment area. 

Storage of Petroleum Liquids in Fixed Roof 

Tanks, EPA-45012-77-036, December 1977. 

12. Control of Volatile Organic Col~lpounds from 

Use of Cutback Asphalt, EPA-45012-77-037, 

December 1977. 

13. Control Techniques for Volatile Organic 

Emissions from Stationary Sources, EPA-45012- 

78-022, May 1978. 

I RACT for this source category. 

The District adopted Rule 227 to 

illlplement RACT for this source category. 

source category, so it was not implemented 

as FL4CT. Individual District operating 

permits specify control techniques for / sources in this category. A 

14. Control of Volatile Organic Enlissions from 1 The District adopted Rule 228 to 

SERVING THE COUNTIES OF NEVADA, PLUMAS AND SIERRA 

- 

Existing Stationary Sources, Volume 

VI: Surface Coating of Miscellaneous Metal Parts 

and Products, EPA-45012-78-015, June 1978. 

15. Control of Volatile Organic Enlissions from 

Existing Stationary Sources, Vollune VII: Factory 

Surface Coating of Flat Wood Paneling, EPA45012-78-032, June 1978. 

16. Control of Volatile Organic Compoulld Leaks 

from Pelroleurn Refinery Equipment, EPA-45012- 

78-036, June 1978. 

17. Control of Volatile Organic Emissions from 

Manufacture of Syntllesized Pharmaceutical 

Products, 45012-78-029. December 1978. 

18. Control of Volatile Organic Emissions from 

Manufacture of Pneumatic Rubber Tires, EPA- 

*45012-78-030, December 1978. 

19. Control of Volatile Organic Emissions from 

Existing Stationary Sources, Volume VIII: 

Graphic Arts - Rotogravure and Flexography, 

EPA-45012-78-033, December 1978. 

20. Control of Volatile Organic Emissions from 

Petroleum Liquid Storage in External Floating 

implemeilt RACT for this source category. 

There are no existing or anticipated sources 

in this category in the non-attaiimlent area. 

There are no existing or anticipated sources 

in this category in the non-attaiumneilt area. 

There are no existing or anticipated sources 

in this category in the non-attainment area. 

There are no existing or anticipated sources 

in this category in the non-attainment area. 

There are no existing or anticipated sources 

in these categories that exceed de~ninimis 

levels in the non-attainment area. 

There are no existing or anticipated sources 

in this category in the non-attainment area. 
Perchloroethylene Dry Cleaning Systems, EPA45012-78-050, December 1978. 

22. Control of Volatile Organic Compound Leaks 

from Gasoline Tank Trucks and Vapor Collection 

Systems, EPA-45012-78-051, December 1978. 

23. Fugitive Emission Sources of Organic 

Compounds - Additional Information on 

Emissions, Emission Reductions, and Costs, EPAcategory, since PERC has been exempted 

as a VOC. 

The District revised Rule 214 to implement 

RACT for this source category. Existing 

Rule 21 8 also applies to tank trucks. 

This does not define RACT for a specific 

source category, so it was not implemented 

as RACT. 

45013-82-010, April 1982. 

24. Control of Volatile Organic Compound / There are no existing or anticipated sources 

Emissions from Large Petroleum Dry Cleaners, 

EPA-45013-82-009, September 1982. 

25. Control of Volatile Organic Compound 

Emissions from Manufacture of High-Density 

Polyethylene, Polypropylene, and Polystyrene 

- Processing Plants, EPA-45012-83-007, December I area. 1 

in this category that exceed derninimis 

1eveIs in the non-attainment area. 

There are no existing or anticipated sources 

in these categories in the non-attainment 

area. 

~esins, EPA-45013-83-008, November 1983. 

26. Control of Volatile Organic Compound 

Eauioinent Leaks from Natural GasIGasoline 

There are no existing or anticipated sources 

in these categories in the non-attainment 

- 

1983. 

27. Control of Volatile Organic Compound 

Fugitive Emissions from Synthetic Organic 

Chemical Polymer and Resin Manufacturing 

Equipment, EPA-45013-83-006, March 1984. 

28. Control of Volatile Organic Compound 

Emissions from Air Oxidation Processes in 

Synthetic Organic Chemical Manufacturing 

Industry, EPA-45013-84-015, December 1984. 

There are no existing or anticipated sources 

in these categories in the non-attainment 

area. 

There are no existing or anticipated sources 

in this category in the non-attaiinneiut area. 

CTG (EPA 45014-91-031, August - 1993). 

30. Wood Furniture (CTG-MACT) - draft MACT 

out 5-94; Final CTG, EPA-453lR-96-007, April 

1996; see also 61 FR 25223, and, 61 FR 50823, 

September 27, 1996. 

31. Shipbuildinglrepair ACT (EPA 4531R-94-032, 

April 1994) and CTG, see 61 FR 44050, August 

SERVING THE COUNTIES OF NEVADA, PLUMAS AND SIERRA 

29. SOCMI Distillation and Reactor Processes There are no existing or anticipated sources 

in this category in the non-attainment4 

There are no existing or anticipated sources 

in this category that exceed deminimis 

levels in the non-attainment area. 

There are no existing or anticipated sources 

in this category in the non-attainment area. 

27, 1996. 

32. Aerospace (CTG & MACT) (see 59 FR 29216, 

June 6, 1994); CTG (Final), EPA453lR-97-004, December 1997. 

There are no existing or anticipated sources 

in this category in the non-attainment area. 
COMPLIANCE AND ENFORCEMENT STRATEGIES 

Through the interlocking mechanism of assorted District rules with powers and authorities 

granted by various State and Federal legislation, sunlrnarized herein, the District has the legal 

capability to ensure that sources within its jurisdiction will comply with RACT. Rules described 

here (available via wunn~.n~yairdist~ict.coill) are iucluded in Attachment 4. 

California Health and Safety Code $40752 mandates that the Air Pollution Control Officer shall 

observe and enforce district rules and operating permit conditions. 

District Rule 201: District-Wide Coverage specifies that the prohibitions set forth in the 

regulation (the 200-series regulation) shall apply in all portions of the District unless otherwise 

stated. 

District Rule 223: Eiliorcement provides for enforcement of District rules pursuant to the 

California Health and Safety Code, Sections 40001,40702,40752 and 40120. 

District Rule 225: Compliar~ce Tests reads, "Except as otherwise provided in these Rules and 

Regulations, performance tests undertaken to determine compliance of sources with Regulation 

I1 shall comply with the provisions of CFR 40, Part 60, Appendix A ...." 

The District's stationary source permitting program, outlined in the District's 400-series and 

500-series regulations requires that any source emitting % ton per year of any criteria pollutant, 

precursor or toxic air contaminant shall first obtain an Authority to ConstructiPennit to Operate 

for the source. This perinit is intended to assure compliance with the rules of the District and all 

other relevant legislation, and contains specific operating conditions and reporting requirements. 

The District performs regular inspections of its permitted sources to verify compliance. An 

exception to this is in the case of retail gasoline dispensing facilities, for which the District 

contracts with the Nevada County Department of Weights and Measures. 

The following rules are specifically relevant to RACT compliance and enforcement strategies. 

District Rule 508: Posting of Pennit to Operate requires a source's operatii~g pernut to be posted 

and accessible to all operators at the source. 

District Rule 509: Authority to Ii~spect authorizes the District enky to inspect any air pollution 

emission source. 01 , .vm 

District Rule 5 13: Source Recordkeeping specifies minimum recordkeeping requirements for 

stationary sources. 

District Rule 5 15: Provision of Sampling and Testing Facilities authorizes the District to require 

sampling and testing mechanisms at sources, as well as access to other types of operating data. 

SERVING THE COUNTIES OF NEVADA, PLUMAS AND SIERRA 
District Rule 524: Violations and Determination of Coillpliance specifies methods and standards 

that may be used to determine compliance. 

NEGATIVE DECLARATION -- STATEMENT OF ADOPTION 

By adoption of this document, the Northern Sierra Air Quality Management District Board of 

Directors declares that, to the best of its knowledge, there are no sources belonging to the source 

categories listed in Table 2 (RACT Actions and Negative Declarations), either existing or 

anticipated, in the non-attainment area that are subject to a CTG but for which the requirements 

of such CTG have not been adopted. 

SERVING THE COUNTIES OF NEVADA, PLUMAS AND SIERRA 
Attachment 1 

Board of Directors Rule Adoption Resolutions 

SERVING THE COUNTIES OF NEVADA, PLUMAS AND SIERRA 
-. - --. if 88-2 

Resolution of 2 Northern Sierra Air ~uality h ligemerlt District 

Recognizing the Public Hearing Notice Requirements And 

The Findings That Are Necessary Prior to Adopting or Amending 

Local Rules and Regulations 

Whereas, Pursuant to Section 40725 of the California Health and Safety Code, the Northern 

Sierra Air Quality Management District Board noticed and held a Public Hearing on 

December 15, 1988, where public testimony was received, and 

Whereas, the Public Hearing was for the purpose of adopting, amending, or repealing a rule 

or regulation, and 

Whereas, the proposed new rules or amendments to existing rules (Rules 102, 213-220, 603 

I) and renumbering of some existing rules were considered at the public hearing, 

and 

Whereas, Pursuant to Section 40727 of the California Health and Safety Code, which 

requires the Board, prior to adopting, amending, or repealing a rule or 

regulation, make the finding that such changes are necessary, authority exists, 

clarity prevails and consistency is maintained, and 

Whereas, the proposed rule adoption or rule amendments under consideration are necessary 

for conformity with state law and for the purpose of implementing an active and 

effective air pollution program, and 

- Whereas, Section 40702 of the California Health and Safety Code provides the enabling 

( Board authority for adoption of rules, and 

Whereas, the proposed rule adoption or rule amendments under consideration are written 

such that the meaning can be easily understood by those directly affected, and 

Whereas, the proposed rule adoption or rule amendments under consideration are consistent 

with state law, state and federal regulations and not in conflict with any known 

court decision. 

Now, Therefore, Be It Resolved, the Northern Sierra Air Quality Management District Board 

finds that the proposed rules and rule amendments meet the test of necessity, authority, 

clarity, and consistency. 

Passed and adopted by the Board of Directors of the Northern Sierra Air Quality Management 

District at a regular meeting held on December 15, 1988 by the following vote: 

Ayes : Gossett, Schramel, Hayes, Weir 

Noes : None 

Abstain: Mccaffrey 

Attest: 

n~~km~~ 

S/$cretary o~Board 
MOR'I'HERIU SIERRA AIR QUALITY MANAGEMENT DISTRICT 

STATE OF CAblFQbiNlA 

RESOLUTION #91-08 

Whereas, California Health and Safety Code, Section 40001 requires the 

District to adopt Rules and Regulations; and 

Whereas, the Northern Sierra Air Quality Management District Board has 

determined a need to adopt the complete set of Rules and 

Regulations of the District; and 

Whereas, said Rules have been property noticed and has undergone a 30-day 

public review period in accordance with California Health and Safety 

Code 40725 and 40726, 

Whereas, that the Northern Sierra Air Quality Management District Board of 

Directors has on this date, conducted a public hearing on this rule, 

and 

Whereas, the Board has provided for and considered ail written and oral 

testimony submitted during the review period and at said hearing, 

Therefore, the Board hereby finds that: 

(a) There is a need to adopt the complete set of Rules and 

Regulations of .the Northern Sierra Air Quality Management 

District. 

(b) That the Rules as written can be understood by the persons 

directly affected by them. 

(c) Under state and local law, the Board has the authority to adopt 

rules and regulations. 

(d) That these Rules are consistent with existing state regulations. 

Now, therefore, be it resolved, that the Northern Sierra Air Quality Management 

District Board of Directors does hereby resolve .to adopt the complete set of Rules 

and Regulations as presented in Attachment I. 

Be it further resolved, that the adoption of these rules will supersede any 

individual sets of Rules from Plumas, Nevada, and Sierra Counties that existed 

prior to this date. 

Passed, approved and adopted by the Board of Directors of the Northern Sierra 

Air Quality Management District at a regular mee.ting held September 11, 1991 by 

the lollowing vote: 

Ayes: 

Noes: 7ta3-/ 

if Attest: 
NORTHERN SlEWWA AIR QblAL14W MANAGEMENT DlSPRlCB 

RESOLUTION #%006-88 

In the Matter of: Adopting Proposed District Rules 227, 228 and 229 for the Federal Ozone 

Nonattainment portion of Western Nevada County. 

Whereas, the Northern Sierra Air Quality Management District (NSAQMD) proposes to adopt Rule 

227 (Cutback and Emulsified Asphalt Paving Materials), Rule 228 (Surface Coating of Metal Parts 

and Products), Rule 229 (Solvent Cleaning Operations [Degreasing]) as part of a fulfillment of 

requirements for Reasonably Available Control Technology (RACT) under the Federal Clean Air Act 

as amended in 1990; and 

Whereas, ihe proposed Rules 227, 228 and 229 would 01-tly apply in partfuns of :lie District 

designated as non-attainment for the Nattonal Ambient Air Quality Standard for Ozone (currently 

western Nevada County); and 

Whereas, Sections 40001 and 40702 of the California Health and Safety Code (HSC) establishes 

authority for the District to adopt Rules and Regulations as may be necessary to execute the powers 

and duties granted to, and imposed upon, the District by the HSC and other statutory provisions; and 

Whereas, said rules have been properly noticed, have undergone a 30-day public review period, the 

Northern Sierra Air Quality Management District Board of Directors has on this date held and 

conducted a public hearing on these rules, and has provided for and considered all written and oral 

testimony submitted during the review period and at said hearing in accordance with HSC Sections 

40725 and 40726: and 

Whereas, Section 15308 of the CEQA Guidelines provide that actions taken by regulatory agencies 

as authorized by state law to assure the maintenance, restoration, or enhancement of the 

environment where the regulatory process involves procedures for protection of the environment, are 

categorically exempt from CEQA review (Class 8 Categorical Exemption), and 

Whereas, pursuant to the ESC Sectici: 40727, :he Scard hereby Ends th8t: 

(a) There is a need to adopt these rules; and 

(b) Under state and local law, the Board has the authority to adopt these rules; and 

(c) These rules, as written, can be understood by the persons directly affected by them; and 

(d) These rules are consistent with existing statutes, court decisions, or other state and 

federal regulations; and 

(e) These rules, as written, do not duplicate the same requirements of an existing state or 

federal regulation except to the extent that the rule is necessary or proper to execute the 

powers and duties granted to or imposed upon the District; and 

(f) These rules have appropriate reference to a statute, court decision, or other provision of 

law that the District implenlents, interprets, or makes specific by the rule amendment. 
NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the Northern Sierra Air Quality 

Management District Board of Directors that Rules 227, 223 and 229 are hereby adopted, as 

presented in the Distrid's Staff Report, as part of the Northern Sierra Air Quality Management 

District Rules and Regulations. 

On a motion by ~upewisor ?/I[ M 5 , and seconded by Supervisor 

Gu+M~ , the fore-ved and adopted by the Board of Directors of 

the Northern Sierra Air Quality Management District at a regular meeting held on November 27, 

2006, by the following roll call vote: 

Ayes: Nh&5,polver~.&~i~~ 

Abstaining: ~~~ 

Approv 

Attest: 

Allison King, Clerk of the Board 
NORTHERN SIEWM AIR QUALITY MANAGEMENT DlSTRlCT 

WESOLUTlON #2007-04 

In the Matter of: Adopting Proposed Amendment to District Rules 213, 214 and 215 for the Federal 

Ozone Nonattainment portion of Western Nevada County. 

I 

Whereas, the Northern Sierra Air Quality Management District (NSAQMD) proposes to adopt I 

amendments to Rule 213 (Storage of Gasoline Products), Rule 214 (Phase I Vapor Recovery System 

Requirements), Rule 215 (Phase I1 Vapor Recovery System Requirements) as part of a fulrillment of 

requirements for Reasonably Available Control Technology (RACT) under the Federal Clean Air Act 

as amended in 1990; and ! 

Whereas, the proposed amdendments to Rules 213, 214 and 215 would only apply in portiorls of the 

District designated as non-attainment for the National Ambient Air Quality Standard for Ozone 

(currently western Nevada County); and 

Whereas, Sections 40001 and 40702 of the California Health and Safety Code (HSC) establishes 

authority for the District to adopt Rules and Regulations as may be necessary to execute the powers 

and duties granted to, and imposed upon, the District by the HSC and other statutory provisions; and , 

I Whereas, said rules have been properly noticed, have undergone a 30-day public review period, the 

I Northern Sierra Air Quality Management District Board of Directors has on this date held and 

conducted a public hearing on these rules, and has provided for and considered all written and oral 

testimony submitted during the review period and at said hearing in accordance with HSC Sections 

40725 and 40726; and 

Whereas, Section 15308 of the CEQA Guidelines provide that actions taken by regulatory agencies 

as authorized by state law to assure the maintenance, restoration, or enhancement of the 

environment where the regulatory process involves procedures for protection of the environment, are 

categorically exempt from CEQA review (Class 8 Categorical Exemption), and 

Whereas, pursuant to the HSC Section 40727, the Board hereby finds that: 

(a) There is a need to adopt these rules; and 

(b) Under state and local law, the Board has the authoriiy to adopt these rules; and 

(c) These rules, as written, can be understood by the persons directly affected by them; and 

(d) These rules are consistent with existing statutes, court decisions, or other state and 

federal regulations; and 

(e) These rules, as written, do not duplicate the same requirements of an existing state or 

federal regulation except to the extent that the rule is necessary or proper to execute the 

powers and duties granted to or imposed upon the District; and 

(f) These rules have appropriate reference to a statute, court decision, or other provision of 

law that the District implements, interprets, or makes specific by the rule amendment. 
NOkV, THEREFORE, BE IT RESOLVED AND ORDERED by the Northern Sierra Air Quality 

Management District Board of Directors that the amendments to Rules 213, 214 and 215 are hereby 

/, adopted, as presented in the District's Staff Report, as part of the Northern Sierra Air Quality 

Management District Rules and Regulations. 

On a motion by Supervisor G> ~J~NIW , and seconded by Supervisor 

m 11 , the foregoing resolution was approved and adopted by the Board of Directors of 

the Northern Sierra Air Quality Management District at a regular meeting held on March 26, 2007, by 

the following roll call vote: 

Noes: NappAbsent: 130% 

Abstaining: /2.btJef3 

Approve: 

Chair of Board 

Attest: 

Allison King, Clerk of the Board 
Attachme~~t 2a

Adopted District Rules hplementing RACT 

SERVING THE COUNTIES OF NEVADA, PLUMAS AND SIERRA 
REGULATION I1 

PROHIBITIONS 

Rule 213 Storape of Gasoline Products 

1. Submerged Pill Pipe 

No person shall install or maintain any stationary gasoline tank with a 

capacity of 250 gallons or inore that is not equipped for loading through a 

permanent submerged fill pipe. 

2. Exemptions to Subdivision (1) 

A. Storage tanks installed prior to December 3 1, 1970. 

B. Storage tank is a pressure tank, floating roof tank, or tank equipped 

with a vapor recovery system. 

C. Storage tanks used primarily for fueling implelne~lts of husbandry, 

as such vehicles are defined in Division 16, Chapter 1, of the 

Velzicle Code. 

3. Federal Ozone Nan-attainment Areas 

The following provisions shall apply only in those portions of the District 

designated as non-attainment of any federal ambient air quality stai~dard for ozone 

and are in addition to and supersede all other provisions of this rule: 

A. No person shall install or maintain any stationary gasoline tank 

with a capacity greater than 250 gallons that is not equipped with a 

CARB certified Phase I Vapor Recovery System. 

B. Any gasoline tank required to be equipped with a Phase I Vapor 

Recovery System shall utilize that systein during any and all 

trai~sfers of gasoline. 

Northern Sierra AQMD 

Rules & Regulations 

Rule 213 - 1 Amended 

03/26/07 
REGULATION I1 

PRONIBITIONS 

Rule 214 Phase I Vapor Recovery Requirements 

A. Phase I Storage Tanks 

No owner or operator of a retail service station shall transfer, permit the 

transfer, or provide equipment for the transfer of gasoline, unless an ARBcertified Phase I vapor recovery system is installed on the stationary 

storage tank and used during the transfer. 

B. Exemptions to Rule 214 A 

1. Small Tanks 

A gasoline storage tank with a capacity of less than 1.0 cubic meter 

(260 gallons) located at a retail service station or a tank of 550 

gallons or less at all other locations. 

2. Agricultural Tanks 

A gasoline storage tank used the majority of the time for the 

fueli~~g of implements of husbandry as defined in Division 16, 

Chapter 1, of the Vehicle Code. 

3. Tanks With an Offset Fill Pipe 

An underground gasoline storage tank installed prior to December 

15, 1988 which is equipped with an offset fill pipe. 

4. Annual Volume Throughput 

Any facility which has a calendar year volume tluoughput of less 

than 480,000 gallons of gasoline. 

C. Tank Replacement - Phase I Requirement 

At the time of tank replacement, an ARB-certified Phase I vapor recovery 

system shall be installed and used thereafter on all tanks at the facility 

unless exempted fiom the Phase I requireluent pursuant to Rule 214.B.1 or 

214.B.2. 

Northern Sierra AQMD 

Rules & Regulations 

Rule 214 - 1 Amended 

03/26/07 
REGULATION I1 

PROHIBITIONS 

D. Defective Gasoline Storage Tank or Phase I Equipment Prohibition of 

- Use 

Whenever the Air Pollution Control Officer or his designee determines 

that a gasoline storage tank, Phase I vapor recovery system, or any 

conlponent thereof, contains a defect, the Air Pollution Control Officer or 

his designee shall mark such system or component "Out of Order". No 

person shall use or permit the use of such marked component or system 

until it has been repaired, replaced, or adjusted as required to permit 

proper operation, and the Air Pollution Control Officer, or his designce 

has reinspected it or has authorized its use pending reinspection. 

E. Federal Ozone Non-attainment Areas 

The following provisions shall apply only in those portions of the District 

designated as non-attainment of any federal ambient air quality standard for ozone 

and are in addition to and supersede all other provisions of this rule: 

1. No owner or operator of a stationary gasoline tank, retail or non-retail, 

with a capacity greater illan 250 gallons, shall transfer, pennit the transfer, 

or provide equipment for the transfer of gasoline, unless an ARB-certified 

Phase I vapor recovery system is installed on the stationa~y storage tank 

and used during the transfer. 

2. Exemptions to Section A of this rule: 

a) Small Tanks 

A gasoline storage tank with a capacity of 250 gallons or less. 

b) Annual Volume Throughput 

Any facility, retail or non-retail, where each and every month of 

operation witlun a calendar year has a volume througlrput of 

gasoline less than 10,000 gallons. 

Northern Sierra AQMD 

Rules & Regulations 

Rule 214 - 2 Amended 

03/26/07 
REGULATION I1 

PROHIBITIONS 

Rule 215 Phase II Va~or Recovery System Requirements 

A. No owner or operator of a retail service station shall transfer, permit the 

transfer, or provide equipment for the transfer of gasoline froin a 

stationary storage tank at a retail service station into a motor vehicle he1 

tank unless an ARB-certified Phase I1 vapor recovery system is installed 

and used during transfer. 

B. Exemptions to Rule 215 A 

1. Phase I Exempted Tanks 

A transfer of gasoline from a stationary storage talk which is 

exempt from Phase I requirements pursuant to Rule 214 B. 

2. Facilities With Less than 480,000 Gallons Annual Output 

A transfer of gasoliile from an existing retail service station with 

an annual gasoline throughput of 480,000 or fewer gallons. After 

the throughput exceeds 480,000 gallons this exemption shall expire 

on January 1 of the following year. 

C. Compliance Schedule 

1. Throughput in Excess of 480,000 Gallons After 1988 

If during any calendar year or portion of a calendar year after 

1988, the gasoline throughput froin an existing retail service 

station meets or exceeds 480,000 gallons, the exemption pursuai~t 

to Rule 215 B. 2 will expire. Upon expiration of this exemption 

the owner or operator of the retail seivice station shall: 

a. Inlmediately notify the Air Pollution Control Officer, in 

writing, in advance of the intended Phase I1 vapor recovery 

installation; and 

b. Secure all necessary permits and other approvals for the 

illstallation of the Phase I1 vapor recovery system within 

fifteen (15) months from the date the exemption expires; 

and 

c. Install the Phase I1 vapor recovery system within two (2) 

years from the date the exemption expires. 

Northern Sierra AQMD 

Rules & Regulations 

Rule 215 - 1 Amended 

03/26/07 
REGULATION 11 

PROHIBITIONS 

2. New Retail Service Station 

The owner or operator of any new retail service station sl~all 

install and use an ARB-certified Phase I1 vapor recovery system at 

the time gasoline is first delivered to the facility. 

3. Tank Replacement 

At the time of tank replacement at an existing service station, an 

ARB-certified Phase I1 vapor recovery system shall be installed 

and used thereafter on all of the station's facilities, unless exempted 

by Rule 214.B (Phase I). 

D. Operation and Maintenance 

1. A person shall not transfer, pennit the transfer, or provide 

equipment for the transfer of gasoline froin a stationary storage 

tank subject to the provisions of Rule 215 A (Phase 11) into any 

motor vehicle fuel tank unless: 

a. The vapor recovery system is operating in accordance with the 

manufacturer's specifications and is maintained to be leak free, 

vapor tight, and in good worlcing order; and 

b. The equipment subject to this rule is operated and maintained 

with none of the defects contained in the California Code of 

Regulations, Section 94006. 

c. Posting of Operating Instructions 

The owner or operator of each gasoline dispensing facility 

requiring a Phase I1 vapor recovery system shall 

conspicuously post in the gasoline dispensing area 

operating instructions for the system and the District's or 

the Air Resources Board's telephone number for 

complaints. The instructions shall clearly describe how to 

fuel vehicles correctly with the vapor recovery nozzles, and 

shall include a warning that topping off may result in 

spillage or recirculation of gasoline. 

Northern Sierra AQMD 

Rules & Regulations 

Amended 

03/26/07 
REGULATION II 

PROWlBlTPONS 

E. Defective Phase I1 Equipment - Prohibition of Use 

Whenever the Air Pollutioil Control Officer or hs designee determines 

that a Phase 11 vapor recovery system, or any cornpoilent thereof, contains 

a defect specified by the Air Resources Board pursuant to Rule 215 D. 

l.a., l.b, the Air Pollution Control Officer or his designee shall mark such 

system or component "Out of Order". No person shall use or permit the 

use of such marked component or system until it has been repaired, 

replaced, or adjusted as required to pennit proper operation, and the Air 

Pollution Control Officer or his designee has re-inspected it or has 

authorized its use pendii~g re-inspection. 

F. Federal Ozone Non-attainment Areas 

The following provisio~ls shall apply only in those portions of the District 

designated as non-attainment of any federal ambient air quality standard for ozone 

and are in addition to and supersede all other provisiolls of this rule: 

1. No owner or operator of a stationary gasoline tank, retail or non-retail, 

with a capacity greater than 250 gallons, shall transfer, pennit the transfer, 

or provide equipment for the transfer of gasoline from a stationary 

gasoline storage tank into a motor vehicle fuel tank ui~less an ARBcertified Phase I1 vapor recovery system is installed and used during the 

transfer. 

2. Exemptions to Section A of this rule: 

a) Small Tanks 

A gasoline storage tank with a capacity of 250 galloils or less 

b) Annual Volume Throughput 

Any facility, retail or non-retail, where each and every month of 

operation in a calendar year has a volume throughput of less than 

10,000 gallons of gasoline. 

3. Compliance Schedule 

Any facility not exempt from this rule shall come into complia~~ce with 

this rule no later than October 31, 2008 or within 15 months from the date 

the exemption expires. 

Northern Siena AQMD 

Rules & Regulations 

Rule 215 - 3 Amended 

03/26/07 
REGULATION I1 

PROHIBITIONS 

Rule 216 Delivew Vessels Equipped With Vapor Recovery 

A. Vapor Tight Requirement 

No person shall store gasoline in or otl~erwise use or operate any gasoline 

delivery vessel unless such vessel is designed and maintained to be vapor 

tight. A person shall not allow loading or unloading of gasoline, or other 

use or operation of any vapor recovery equipped transporting vessel unless 

the vessel has a valid certification of vapor integrity as defined by the 

applicable Air Resources Board Certification and Test Procedures, 

pursuant to Health and Safety Code Section 41962 (g) and the California 

Code of Regulations Title 17, Section 94004. Hatch openings of no more 

than three nnlinutes in duration are permitted for visual inspection provided 

that pumping has been stopped for at least 3 minutes prior to opening, and 

the hatch is closed before puinping is resumed. 

B. Loading Requirements 

No owner or operator of any vapor recovery equipped gasoline delivery 

vessel shall load, permit the loading or provide equipment for the loadiilg 

of gasoline into such a vessel unless an ARB-certified vapor recovery 

system or its equivalent, approved by the Air Pollution Control Officer, is 

used during the transfer. 

C. Unloading Requirements 

The owner or operator of any vapor recovery equipped gasoline delivery 

vessel shall, when unloading gasoline to any Phase I equipped storage 

tank, use a Phase I vapor recovery system or its equivalent approved by 

the Air Pollution Control Officer. Vapor recovery equipped gasoline 

delivery vessels shall not be prevented from unloading gasoline to storage 

tanks which are equipped with a Phase I vapor recovery system. 

Northern Sierra AQMD 

Rules & Regulations 

Rule 216 - 1 Adopted 

10119/91 
REGULATION I1 

PROHIBITIONS 

Rule 217 Delivew Vessels Not Equipped With Vapor Recovery 

A. Loadiig Requirements 

No owner or operator of any delivery vessel which is not equipped with 

vapor recovery shall load, permit the loading or provide equipment for the 

loadii~g of such a vessel unless the gasolu~e is loaded through a submerged 

fill pipe or its equivalent approved by the Air Pollution Control Officer. 

B. Unloading Requirements 

The owner or operator of any delivery vessel which is @ equipped with 

vapor recovery shall only unload gasoline to storage tanks which are not 

equipped with a Phase I vapor recovery system. 

Northern Sierra AQMD 

Rules & Regulations 

Rule 217 - 1 Adopted 

10/19/91 
REGULATION I1 

PROHIBITIONS 

Rule 218 Vapor Collection And Disposal System at Loading Facilities 

A. Vapor Recovery Required 

A person shall not load any organic liquids having a vapor pressure of 

10.34 kPa (1.5 PSI) or greater under actual loading conditions into any 

tank truck, trailer, or railroad tank car from any loading facility having an 

annual throughput of five million (5,000,000) gallons or inore unless the 

loading facility is equipped with a vapor collectioil and disposal system as 

specified below, or its equivalent approved by the Air Pollution Control 

Officer. 

B. Vapor Recovery Criteria 

Loading shall be accoinplished in such a manner that all displaced vapor 

and air will be vented only to the vapor collection system. The vapor 

disposal portion ofthe collection and disposal system shall consist of one 

of the following: 

1. An adsorber system, condensation system, incineration system, or 

combiilatioii system which processes all vapors and which limits 

the emission of vapors and gases to no more than 0.5 pounds of 

non-methane hydrocarbons per 1,000 gallons of organic liquids 

transferred, as determined by CARB Test Method 2-3 or by an 

equivalent method approved by the APCO in writing. 

2. A vapor handling systeiu which directs all vapor to a fuel gas 

system. 

3. Other equipment of a1 efficiency equal to or greater than that 

specified in Sections A or B if approved by the Air Pollution 

Control Officer. 

C. Equipment Maintenance 

All equipment associated with loading operations shall be maintained to 

be leak free and vapor tight. 

Northern Sierra AQMD 

Rules & Regulations 

Rule 218 - I Adopted 

1011 919 1 
REGULATION I1 

PROHIBITIONS 

Rule 219 Storaee of Gasoline Products at Bulk Facilities 

A person shall not place, store, or hold gasoline in any stationary tank, reservoir 

or other container of more than forty thousand (40,000) gallons capacity unless 

such tank, reservoir, or other container is a pressure tank maintaining working 

pressures sufficient at all times to prevent gasoline vapor or gas loss to the 

atmosphere, or is designed and equipped with one of the following vapor loss 

control devices, properly installed, and in good working order: 

A. A Floating Roof of An Approved Type 

The control equipment provided for in this paragraph shall not be used if 

the gasoline has a vapor pressure of eleven (1 1.0) pounds per square inch 

absolute or greater under actual storage conditions. All tank gauging and 

sampling devices shall be gas tight except when gauging or sampling is 

taking place. 

B. A Vapor Recovew System 

A vapor recovery system, of efficiency equivalent to a floating roof 

meeting the requirements of A above, consisting of a vapor gathering 

system capable of collectiilg the gasoline vapors and gases discharged and 

a vapor disposal system capable of processing such gasoline vapors and 

gases so as to prevent their emissions to the atmosphere and with all tank 

gauging and sampling devices gas tight except when gauging or san~pling 

is taking place. 

C. Other Equipment 

Other Equipment of equal efficiency, provided such equipment is 

submitted to and approved by the Air Pollution Control Officer. 

Nortl~em Sierra AQMD 

Rules & Regulations 

Rule 219 - 1 Adopted 

1011 919 1 
REGULATION I1 

PROIfLBITIONS 

Rule 220 New or Modified Bulk Petroleum Facilities 

Any new or major modified bulk loading facility as of December 15, 1988 shall 

install bottom loading equipment at the time of installation or modification. 

Northern Sierra AQMD 

Rules & Regulations 

Rule 220 - 1 Adopted 

10119191 
Rule 227 Cutback and Emulsified Asphalt Pavinq Materials 

1.0 General Requirements 

1 .I Applicability 

A person shall not discharge to the atmosphere volatile organic compounds 

(VOC'S) caused by the use or manufacture of Cutback or Emu~sified'as~halts for 

paving, road construction or road maintenance, unless such manufacture or use 

comwlies with the provisions of this Rule. 

1.2 Exemptions ' 

The provisions of Section 3.0 shall not apply to: 

1.2.1 The use of cutback asphalt or emulsified asphalt in the manufacturing of 

paving materials where such materials are for immediate shipment and eventual 

use outside of the federal non-attainment area known as Western Nevada 

County, State of California, and where such area is designated as attainment for 

the State and Federal Ozone Standard. 

1.2.2 The use of medium cure cutback asphalt during the months of the year 

when the National Weather Service forecasts that atmospheric temperature for 

the 24-hour period following application will not exceed 10' C (50' F). 

2.0 Definitions 

2.1 Asphalt: A dark brown to black cementitious material (solid, semisolid, or 

liquid in consistency) of which the main constituents are bitumens which occur 

naturally or as a residue of petroleum refining. 

2.2 Cutback Asphalt: Paving grade asphalts liquified with petroleum distillate and 

conforming to specifications of the American Society for Testing & Materials 

(ASTM) as follows: 

Rapid Cure Type ASTM 02028 

Medium Cure Type ASTM 02027 

Slow Cure Type. ASTM 02026 

2.3 Emulsified Asphalt: Any asphalt liquified with water containing an emulsifier. 

2.4 Pavinq Material: A mixture consisting mainly of an asphalt and aggregate. 

2.5 Pavinq and Maintenance Operations: All activities involved in the new 

construction and maintenance of roadways and parking areas. 

3.0 Standards 

3.1 Cutback Asphalt 

3.1 .I A person shall not manufacture for sale nor use for paving, road 

construction or road maintenance any: 

3.1.2 Rapid cure cutback asphalt; 

Northern Sierra AQMD 

Rules & Regulations 

Rule 227 Adopted 

11/27/06 
3.1.3 Slow cure cutback asphalt containing organic compounds 

which evaporate at 260' C (500' F) or lower as determined by 

current ASTM Method 0402, or; 

3.1.4 Medium cure cutback asphalt except as provided in Section 

1.2. 

3.2 Emulsified Asphalt 

3.2.1 A person shall not manufacture for paving, road construction 

or road maintenance any emulsified asphalt containing organic 

compounds in excess of three percent by volume which evaporate 

at 260' C (500' F) or lower, as determined by current ASTM 

Method D244. 

4.0 Administrative 

4.1 Test Methods 

4.1 .I Analysis of Cutback Asphalt samples for VOC content shall 

be in accordance with current ASTM Method D402. 

4.1.2 Analysis of Emulsified Asphalt samples for VOC content shall 

be in accordance with current ASTM Method D244, in excess of 

three Dercent bv volume. 

4.2 ~ecordkeeding 

4.2.1 Any person who manufactures or uses cutback asphalts and 

emulsified asphalts which contain solvents shall comply with the 

followina reauirements: 

4.2.2 ~hk manufacturer shall maintain records showing the types 

and amounts of cutback asphalts and emulsified asphalts which 

contain solvents produced and the destination of these products. 

4.2.3 The users shall maintain records showing the types, amounts 

received, and amounts used of cutback asphalts and emulsified 

asphalts which contain solvents. 

4.2.4 Such records shall be maintained daily and retained and 

available for inspection by the APCO for the previous 24 month 

period. 

4.2.5 In addition to the recordkeeping requirements as specified 

herein, all provisions of Regulation V, Rule 513, when applicable, 

must be adhered to. 

Northern Sierra AQMD 

Rules & Regulations 

Rule 227 Adopted 

11/27/06 
Rule 228 Surface Coating of Metal Parts and Products 

1.0 General 

1.1 Applicability 

Provisions of this Rule shall apply to surface coating of metal parts or products in 

portions of the Northern Sierra Air Quality Management District that are designated as 

Non-attainment for any federal ambient air quality standard for ozone. 

1.2 Exemptions 

1.2.1 Reauirements of this Rule. exce~t for Subsection 4.2 (Record Kee~ina) 

shall not gpply to any combinatibn of coatings, provided total uncontroll&d facility 

VOC emissions from use of all coatings does not exceed 15 pounds in any one 

day. Once a facility exceeds this emissions threshold, it shall become subject to 

requirements of this Rule. 

1.2.2 Requirements of Subsection 3.3 (Application Equipment Requirements) of 

this Rule shall not apply to touch-up, repair, or stenciling of identification numbers 

and letters. 

1.2.3 Requirements of this Rule shall not apply to application of coatings to 

automobiles, light duty trucks, aircraft, aerospace vehicles, marine vessels, cans, 

coils, or magnetic wire or to powder coatings, except the rule does apply to the 

customized top coating of automobiles and trucks with production of 35 or more 

vehicles per day. 

1.3 Effective Date 

This regulation shall become effective January 1, 2009. 

2.0 Definitions 

2.1 Air Dried Coating: A coating that is cured at a temperature below 194 degrees F (90 

degrees C). 

2.2 Baked Coating: A coating that is cured at a temperature at or above 194 degrees F 

(90 degrees C). 

2.3 Camouflage Coating: A coating used to conceal items or equipment from visual 

detection. 

2.4 Clear Coating: A coating that either lacks color and opacity, or is transparent, and 

uses the surface to which it is applied as a reflective base or undertone color. 

2.5 Exempt Compounds: Any compound specifically excluded from the definition of 

Volatile Organic Compound (VOC) in the Federal Register. 

2.6 Extreme-Performance Coating: A coating used on a metal surface where the 

coating is, in its intended use, exposed to any of the following: 

2.9.1 Industrial-grade detergents, cleaners, abrasive scouring agents, solvents, 

strong chemical agents, or petrochemical materials; or 

2.9.2 Unprotected shipboard conditions; or 

2.9.3 Water, waste water, or sewage; or 

Northern Sierra AQMD 

Rules & Regulations 

Rule 228 Adopted 

11/27/06 
2.9.4 Other similar environmental conditions as determined by the Air Pollution 

Control Officer (APCO). 

2.7 High-Performance Architectural Coating: A coating used to protect architectural 

subsections and which meets the requirements of the Architectural Aluminum 

Manufacturers Association's publication number AAMA 605.2-1980. 

2.8 High Temperature Coating: A coating that is certified to withstand a temperature of 

1000 degrees F (538 degrees C) for 24 hours. 

2.9 High-Volume, Low-Pressure Application (HVLP): Spray equipment which is 

designed to operate and is operated using a high volume of air delivered at atomized air 

pressures between 0.1 to 10.0 psig measured dynamically at the center of the air cap 

and at the air horns and which operates at a maximum fluid delivery pressure not 

exceeding the manufacturer's recommended inlet air pressure. 

2.10 Metal Parts and Products: Any metal parts or products except for those subject to 

coating requirements of other source-specific rules. 

2.1 1 Metallic Coating: Any coating except zinc filled primer which contains five (5) 

grams or more of metal particles per liter of coating as applied. 

2.12 Pretreatment Wash Primer: Any coating which contains a minimum of 0.5 % acid 

by weight, is necessary to provide surface etching, and is applied directly to bare metal 

surfaces to provide corrosion resistance and promote adhesion for subsequent 

coatings. 

2.13 Repair: Recoating portions of previously coated product due to mechanical 

damage to the coating following normal painting operations. 

2.14 Silicone-Release Coating: Any coating which contains silicone resin and is 

intended to prevent food from sticking to surfaces such as baking pans. 

2.15 Transfer Efficiency: The ratio of the weight of coating solids which adhere to the 

object being coated to the weight of coating solids used in the application process, 

expressed as a percentage. 

2.16 Volatile Organic Compound (VOC): As defined in the Federal Register. 

2.17 Zinc Filled Primer: Any coating which has an elemental zinc content of not less 

than 240 gramslliter (2.0 poundslgallon) of coating as applied. 

3.0 Requirements 

3.1. VOC Content Limits 

Except as provided by Subsection 3.2, no person shall apply to any metal part or 

product any coating with a VOC content in excess of the following limits as applied: 

VOC Content Limits (Grams of VOC per Liter Of Coatinq, 

Less Water and Less Exempt Compounds) 

Baked Air-Dried 

All Coatings Except Those Listed Below 360 gll (3.0 lblgal) 420 gll (3.5 Iblgal) 

Camouflage 420 gll (3.5 lblgal) 420 gll (3.5 lblgal) 

Clear Coating 520 gll (4.3 Iblgal) 420 gll (3.5 Iblgal) 

Noi-thern Sierra AQMD 

Rules & Regulations 

Rule 228 Adopted 

11/27/06 
Extreme-Performance 420 gll (3.5 lblgal) 420 gll (3.5 Iblgal) 

High Performance Architectural 420 gll (3.5 lblgal) 420 gll (3.5 lblgal) 

High Temperature 420 gll (3.5 lblgal) 420 gll (3.5 Iblgal) 

Metallic Topcoat 420 gll (3.5 Iblgal) 420 gll (3.5 lblgal) 

Pretreatment Wash Primer 420 gll (3.5 lblgal) 420 gll (3.5 Iblgal) 

Silicone Release 420 g/l (3.5 lb/gal) 420 g/l (3.5 Iblgal) 

3.2 Alternate Emissions Control 

In lieu of complying with VOC content limits specified in Subsection 3.1, air pollution 

control equipment with a VOC capture efficiency of at least 85% and a control device 

efficiency of at least 90% may be used. 

3.3 Application Equipment Requirements 

No person shall coat any metal part or product subject to provisions of this Rule unless 

one of the following methods is used: 

3.3.1 Brush, dip, or roll coating conducted in accordance with equipment 

manufacturer's recommendations, 

3.3.2 Electrostatic or electrodeposition application conducted in accordance with 

manufacturer's recommendations, 

3.3.3 High Volume Low Pressure (HVLP) spray equipment operated in 

accordance with equipment manufacturer's recommendations, 

3.3.4 Other application method demonstrated to achieve at least 65% transfer 

efficiency, for example, flow or continuous coating. 

3.4 Surface Preparation and Equipment Cleanup Requirements 

No person shall conduct surface preparation or equipment cleanup for activities subject 

to provisions of this Rule unless the following VOC limits are met and methods are 

used: 

3.4.1 Surface Cleaning: No material shall be used containing VOC in excess of 

200 grams per liter (1.7 lblgal) of material to remove dirt, oils, or other 

contaminants prior to application of surface coatings or adhesives. 

3.4.2 Stripping: No material shall be used containing VOC in excess of 200 

grams per liter (1.7 lblgal) of material to strip any coating. 

3.4.3 Cleaning of Coatings Application Equipment: Solvents used for cleaning of 

coatings application equipment shall comply with both limits specified below: 

a. Solvent shall have a VOC content of 950 grams or less per liter (7.9 Iblgal) of 

material; and 

b. Solvent shall have a VOC composite partial pressure of 35 mm Hg or less at 

20°C (68°F). 

Northern Sierra AQMD 

Rules & Regulations 

Rule 228 Adopted 

11/27/06 
3.4.4 Cleaning of Polyester Resin Application Equipment: Solvents used for 

cleaning polyester resin application equipment shall comply with one of the limits 

specified below: 

a. Solvent shall have a VOC content of 200 grams or less per liter (1.7 iblgal); or 

b. Solvent shall have a VOC content of 1100 grams or less per liter (9.2 Iblgal) 

and a VOC composite partial pressure of 1.0 mm Hg or less at 20°C (68°F). 

3.4.5 Cleaning-Devices and Methods: No person shall perform solvent cleaning 

operations unless one of the following cleaning devices or methods is used: 

a. Wipe Cleaning. 

b. Spray bottles or containers with a maximum capacity of 16 fluid ounces from 

which solvents are applied without a propellant induced force. 

c. Cleaning equipment having a closed solvent container during cleaning 

operations, except when depositing and removing objects to be cleaned, and 

closed during nonoperation except during maintenance and repair of the cleaning 

equipment itself. 

d. Remote reservoir cold cleaner operated in conformance with Rule 410.3; 

e. System totally enclosing guns, cups, nozzles, bowls, and other parts during 

washing, rinsing, and draining procedures. 

f. Non-atomized solvent flow method collecting cleaning solvent in a container or 

a collection system closed except for solvent collection openings and, if 

necessary, openings to avoid excessive pressure build-up inside the container. 

g. Solvent flushing method discharging solvent into a closed container, except for 

solvent collection openings and, if necessary, openings to avoid excessive 

pressure build-up inside the container. Discharged solvent from such equipment 

shall be collected in containers without atomizing into open air. Solvent may be 

flushed through the system by air or hydraulic pressure, or by pumping. 

3.5 Storaqe and Disposal Requirements 

Regardless of VOC content, all VOC-containing materials used in solvent cleaning 

operations, such as solvents, and cloth and paper moistened with solvents, shall be 

stored in non-absorbent, non-leaking containers kept closed at all times except when 

filling or emptying. 

3.6 Prohibition of Sale 

No person shall offer for sale or sell within the District anv coatinq if such product is 

prohibited by any provisions of this Rule. This prohibitioishall apply to sale of any 

coating to be applied at any physical location within the District. 

3.7 Prohibition of Specification 

No person shall solicit or require for use or specify application of a coating on metal 

parts and products if such use or application results in a violation of provisions of this 

Rule. This prohibition shall apply to all written or oral contracts under terms of which any 

coating subject to provisions of this Rule is to be applied to any metal part or product at 

any physical location within the District. 

Northern Sierra AQMD 

Rules & Regulations 

Rule 228 Adopted 

1 1/27/06 
4.0 Administrative Requirements 

4.1 Labelinq Requirements 

4.1.1 VOC Content: Each container (or accompanying data sheet) of any coating 

subject to this Rule shall display maximum VOC content of the coating as 

applied, including coating components, and after any thinning as recommended 

by the manufacturer. VOC content shall be displayed as grams of VOC per liter 

less water and exempt compounds. VOC content displayed shall be determined 

using Subsection 5.1. test methods or calculated using product formulation data 

if U.S. EPA approves this as equivalent to Subsection 5.1. 

4.1.2 Thinning Recommendations: Each container (or accompanying data sheet) 

of any coating subject to this Rule and manufactured after May 6, 1992 shall 

display a statement of manufacturer's recommendation regarding thinning of the 

coating. This requirement shall not apply to thinning of coatings with water. 

4.2 Record Keepinq Requirements 

Any person subject to Section 3 or exempt by Subsection 1.2.1 shall maintain and have 

available duringan inspection: 

A current list of VOC containing products in use containing all data necessary to 

evaluate compliance, including the following information, as applicable: 

4.2.1 Material name and manufacturer's identification, 

4.2.2 Application method, 

4.2.3 Material type and specdic use instructions, 

4.2.4 Specific mixing instructions, 

4.2.5 Maximum VOC content of coating as applied, including thinning solvents, 

hardeners, etc., excluding water and exempt compounds, and 

4.2.6 Coating composition and density. 

Daily coating and solvent use records, including the following information for each: 

4.2.7 Volume used of each component and mix ratio, 

4.2.8 VOC content in gramslliter (or poundslgallon) as appliedlused, 

4.2.9 Volume in liters (or gallons) appliedlused. 

Capture and control equipment operating records, if applicable, including: 

4.2.10 Periods of operation corresponding to use records kept for Subsection 

V.B.2. showing control equipment was used as necessary, 

4.2.1 1 Key system operating parameters showing operation as required to 

comply with this Rule and as intended by manufacturer, 

4.2.12 Date performed, and description of all control system maintenance. 

Facilities exempt by Subsection 1II.A. may maintain records on an extended basis 

provided such records show emissions are less than 15 pounds for the entire extended 

period. 

Northern Sierra AQMD 

Rules & Regulations 

Rule 228 Adopted 

11/27/06 
All records shall be retained and made available for inspection by the Control Officer for 

at least three years. 

5.0 Test Methods 

5.1 Analvsis of Samples 

Samples of VOC as specified in this Rule shall be analyzed by U.S. EPA Method 24 

and analysis of halogenated exempt compounds shall be conducted using CARB 

Method 432, or ASTM D-4457-85 and be consistent with provisions set forth in the 

Federal Register (FR. Vol. 56, No. 52, March 18, 1991). 

5.2 Determination of Emissions 

Emissions of VOC shall be measured by U.S. EPA Method 25,25A, or 25B, as 

applicable. 

5.3 Determination of Capture Efficiency 

Where add-on control equipment is utilized, capture efficiency shall be determined in 

accordance with 40 CFR 52.741. 

5.4 Quantification of Metallicllridescent Topcoat 

Quantification of coating as a metallic/iridescent topcoat shall be determined by South 

Coast Air Quality Management District "Test Method 31 1-91, "Analysis of Percent 

Metals in Metallic Coatings by Spectrographic Method." 

5.5 Measurement of Acid Content 

Acid content of Pre-Treatment Wash Primers shall be conducted and reported in 

accordance with ASTM D1613-85 Standard Test Method for Acidity in Volatile Solvents 

and Chemical Intermediates used in Paint, Varnish, Lacquer, and Related Products. 

5.6 Demonstration of Transfer Efficiency 

Transfer efficiency shall be demonstrated using South Coast Air Quality Management 

District Method "Spray Equipment Transfer Efficiency Test Procedure for Equipment 

User". 

5.7 Determination of VOC Composite Partial Pressures 

VOC composite partial pressures shall be determined using either manufacturer's 

information regarding formulation or using ASTM methods El68-92, E169-93, or E260- 

91 for determination of mole fractions and then summing products of each VOC 

component's vapor pressure and its mole fraction. For materials containing no non-VOC 

components, VOC composite partial pressure can be measured directly by ASTM 

Method D2879-86. 

5.8 Determination of VOC Emissions From Sprav Gun Cleaning Systems 

VOC emissions from spray gun cleaning systems shall be made using South Coast Air 

Quality Management District "General Test Method for Determining Solvent Losses 

from Spray Gun Cleaning Systems". 

Northern Sierra AQMD 

Rules & Regulations 

Rule 228 Adopted 

11/27/06 
6.0 Compliance Schedule 

6.1 Existincl Sources 

Any person becoming subiect to requirements of this Rule by loss of exemption shall 

comply with the following increments of progress: 

6.1 .I Within 6 months from date exemption is lost, submit a complete application 

for an Authority to construct control equipment, if necessary; and 

6.1.2 Within 12 months from date exemption is lost, be in full compliance with 

requirements of this Rule. 

6.2 New Sources 

Any new proposed surface coating of metal parts or products operation not exempt by 

Section 1.2 shall demonstrate its ability to comply with the requirements of this Rule 

prior to issuance of Authority to Construct. 

Northern Sierra AQMD 

Rules & Regulations 

Rule 228 Adopted 

11/27/06 
Rule 229 Solvent Cleaning Operations (Denreasing) 

1.0 General 

1 .I Applicability 

This rule shall apply to operations in portions of the Northern Sierra Air Quality 

Management District (AQMD) that are designated as Non-attainment for any federal 

ambient air quality standard for ozone and which use organic solvents for cleaning of 

metal and non-metallic parts and products. There shall be no solvent cleaning of porous 

or absorbent materials (e.g. cloth, leather, wood, rope, etc.) in any degreasing 

operation. 

1.2 Exemptions 

1.2.1 Requirements of this Rule shall not apply to operations resulting in potential 

emissions, in aggregate, of less than 15 lbs in any one day of VOCs, as 

determined by the APCO. 

1.2.2 Requirements of this Rule shall not apply to wipe cleaning. 

1.2.3 Requirements of this Rule shall not apply to cold solvent cleaners having 

reservoir capacities of 5.0 gallons or less or having an evaporative area of less 

than 1.0 fi2 (0.09 m2) as long as the reservoir is covered when not in use. 

1.2.4 Open-top and conveyorized vapor degreasers which have an air-vapor 

interface area less than 1.0 m2 (10.7 ft2) are exempt from Sections 3.7.2(2) and 

3.7.2(4). 

2.0 Definitions 

2.1 Cold Cleaner: Any batch loaded, non-boiling solvent degreaser. 

2.2 Conveyorized Degreaser: Any continuously loaded, conveyorized solvent 

degreaser, either boiling or non-boiling. 

2.3 Freeboard Height: For cold cleaning tanks, freeboard height means the distance 

from the top of the solvent or solvent drain to the top of the tank. For vapor degreasing 

tanks, freeboard height means the distance from the solvent vapor-air interface to the 

top of the degreaser. 

2.4 Freeboard Ratio: The freeboard height divided by the width of the degreaser. 

2.5 Make-up Solvent: A solvent lost through evaporation, carryout, splashing, leakage, 

or disposal. 

2.6 Open-top Vapor Degreaser: Any batch loaded, boiling degreaser. 

2.7 Refrigerated Freeboard Chiller: Any equipment mounted above the condenser 

equipment which carries a refrigerant (typically in the range -30 to 5OC) to provide a 

chilled air blanket above the solvent vapor, to reduce emissions from a vapor 

degreaser. 

2.8 Remote Reservoir: A liquid solvent container which is completely enclosed except 

for a drain opening which allows used non-boiling solvent to drain into it from a separate 

solvent sink or work area and which is not accessible for immersing parts. 

2.9 Solvent: Any organic compound or combination of organic compounds used for the 

purpose of dissolving oils, grease, waxes, tars, or other substances. 

2.10 Ultrasonics: Enhancement of the cleaning process by vibrating the solvent with 

high frequency sound waves, causing the implosion of microscopic vapor cavities within 

the liquid solvent. 

Northern Sierra AQMD 

Rules & Regulations 

Rule 229 Adopted 

11/27/06 
2.1 1 VOC: Volatile Organic Compound, as defined in the Federal Register. 

2.12 Wipe Cleaning: A method of cleaning which utilizes a material such as a rag 

wetted with a solvent, coupled with a physical rubbing process to remove contaminants 

from metal surfaces. 

3.0 Equipment Requirements 

Any person who employs solvent cleaning (degreasing), shall utilize, unless otherwise 

exempted by this rule, a device for such cleaning, which includes the following: 

3.1. Container 

A container (degreaser) for the solvent and the articles being cleaned. 

3.2 Cover 

An apparatus or cover which prevents the solvent from evaporating when not 

processing work in the degreaser. 

3.2.1 For cold solvent cleaning, if the initial boiling point of the solvent as defined 

by ASTM D-1078-78 is less than 248'F (120°C) or if the solvent is heated, or if 

the solvent is agitated, then the cover must be designed so that it can be opened 

and closed easily with one hand. 

3.2.2 For open-top vapor degreasers, the cover shall be designed such that it 

can be opened and closed easily without disturbing the vapor zone. 

3.2.3 For conveyorized degreasers, covers shall be provided for closing off the 

entrance and exit during shutdown hours. 

3.3 Solvent Return Mechanism 

A facility for draining cleaned parts such that the drained solvent is returned to the 

container. 

3.4 Label 

A permanent and conspicuous label, which lists the appropriate operating requirements 

contained in Section 4. 

3.5 Cold Solvent Cleaninq - General Equipment 

For cold solvent cleaning, if the initial boiling point of the solvent as defined by ASTM D1078-78 is less than 248OF (120%) or if the solvent is heated above 50°C, then one of 

the following control devices shall be used: 

3.5.1 A freeboard such that the freeboard ratio is grater than or equal to 0.75. 

3.5.2 A water cover if the solvent is insoluble in and heavier than water. 

3.5.3 For cold cleaning degreasing, if the solvent initial boiling point as defined by 

ASTM D-1078-78 is less than 24a°F (120°C) then the drainage facility must be 

internal so that the parts are enclosed under the cover while draining. The 

drainage facility may be external for applications where an internal type cannot fit 

the cleaning system. 

3.6 Cold Solvent Cleaninq - Remote Reservoir Equipment 

Remote reservoir cold cleaners shall be equipped with the following: 

3.6.1 A tank or sink-like work area which is sloped sufficiently to preclude pooling 

of solvent. 

3.6.2 A single drain hole, less than 100 square centimeters (15.5 square inches) 

in area, for the solvent to flow from the sink into the enclosed reservoir. 

3.6.3 A freeboard height of at least six inches (14 cm). 

3.6.4 A cover for the drain when no work is being processed in the degreaser. 

Northern Sierra AQMD 

Rules & Regulations 

Rule 229 Adopted 

11127i06 
3.7 Open Top Vapor Deoreasers and Convevorized Deqreasers 

If open-top vapor degreasing or conveyorized degreasing are employed, then the 

following equipment shall be utilized: 

3.7.1 All of the following safety devices: 

1. A device which shuts off the sump heat if either the condenser coolant 

stops circulating or becomes warmer than specified and an operating 

temperature indicator. 

2. For degreasers of the spray type, a device which prevents spray pump 

operation unless the solvent vapor level is at the designed operating level. 

3. A device (of the manual reset type) which shuts off the sump heat if the 

solvent vapor level rises above the designed operating level. 

3.7.2 At least one of the following major control methods or devices: 

1. Freeboard with freeboard ratio greater than or equal to 0.75. 

2. A freeboard chiller where the chilled air blanket temperature measured 

in degrees F at the coldest point on the vertical axis in the center of the 

solvent cleaner shall be no greater than 30% of the initial boiling point of 

the solvent or 4I0F (5'C). 

3. A carbon adsorption system which ventilates the air va or interface at a I:. minimum rate of 15 m3/minlm2, but not greater than 20 m lm~nlm', and 

with a solvent vapor concentration exiting the exhaust duct of the carbon 

absorber less than 25 ppm solvent average over one complete adsorption 

cycle. 

4. Where add-on control equipment is utilized collection efficiency shall be 

determined by the EPA document "Guidelines for Developing Capture 

Efficiency Protocols," 55 Federal Register 26865, June 29, 1990. 

3.7.3 For conveyorized degreasers, both of the following devices: 

1. A drying tunnel, or another means such as a rotating basket, sufficient 

to prevent cleaned parts from carrying out solvent liquid or vapor. 

2. Minimized opening: entrances and exits should silhouette work loads so 

that the average clearance between parts and the edge of the degreaser 

opening is either less than 4 inches (10 cm) or less than 10 percent of the 

width of the opening. 

3.7.4 Workplace fans shall not be used in a manner that disturbs the airlvapor 

interface. 

4.0 Operating Requirements 

Any person who employs solvent metal cleaning (degreasing) must conform, unless 

otherwise exempted by this rule to the following operating requirements: 

4.1 Operate and maintain the degreasing equipment and emission control equipment in 

proper working order. 

4.2 Do not allow any solvent to leak from any portion of the degreasing equipment. 

Liquid solvent leaks shall be repaired immediately or the equipment shall be shut down. 

4.3 Do not store or dispose of any solvent, including waste solvent, in such a manner as 

will cause or allow its evaporation into the atmosphere. 

4.4 Do not remove or open any device designed to close the degreaser unless 

processing work in the degreaser or performing maintenance on the degreaser. 

Northern Sierra AQMD 

Rules & Regulations 

Adopted 

1 1/27/06 
4.5 Drain cleaned parts for at least 15 seconds after cleaning or until dripping ceases 

(applies to cold solvent cleaning only). 

4.6 If using a solvent flow, use only a continuous, fluid stream (not a fine, atomized, or 

shower type spray) at a pressure which does not cause liquid solvent to splash outside 

of the solvent container. 

4.7 Perform solvent agitation, where necessary, through pump recirculation, ultrasonics, 

or by means of a mixer, rather than through bubbling or air agitation of the solvent bath. 

4.8 For open-top vapor degreasers: 

4.8.1. Rack parts to facilitate drainage. 

4.8.2. Move parts in and out of the degreaser at less than 10.8 ft (3.3 m)/min. 

4.8.3. Degrease the work load in the vapor zone at least 30 seconds or until 

condensation ceases. 

4.8.4. Allow parts to dry within the degreaser until visually dry. Minimize carryout 

in open-top vapor degreasers by tipping out any pools of solvent on the cleaned 

parts before removal. 

4.8.5. Work loads shall not occupy more than half of the degreaser's open-top 

area. 

4.8.6. All solvent spraying shall be done at least 4 inches (10 cm) below the top 

of the vapor level. 

4.8.7. The vapor level shall not drop more than 4 inches (10 cm) when a work 

load enters the vapor zone. 

4.9 For conveyorized degreasers: 

4.9.1. Rack parts to facilitate drainage. 

4.9.2. Maintain vertical conveyor speed at less than 10.8 ft (3.3 m)lmin. 

4.9.3. The down-time cover must be placed over entrances and exits immediately 

after the conveyor and exhaust are shut down and removed immediately before 

they are started up. 

4.10 For both open-top vapor and conveyorized degreasers: water shall not be visibly 

detected in solvent exiting the water separator. 

5.0 Record Keeping Requirement 

Any facility or operator subject to the requirements of this rule shall keep records on a 

facility-wide, quarterly basis showing the types and total amount of solvent used in all 

solvent cleaning operations. Records shall be maintained and available for AQMD 

inspection, for two years. 

6.0 Test Methods 

5.1 Determination of Capture Efficiency 

The efficiency of carbon adsorption systems or alternative control systems shall be 

determined by EPA Reference Method 25. 

5.2 Determination of VOC Content 

The volatile organic compound content of solvents used, less water, shall be 

determined by at least one of the following methods: 

5.2.1 Measuring the volatile content of the solvent shall be determined by the 

procedures outlined in ASTM D-86. 

Northern Sierra AQMD 

Rules & Regulations 

Rule 229 Adopted 

11127106 
5.2.2 Calculation of the volatile organic compound per liter of solvent shall be by 

the orocedures outlined in ASTM D 3960, Section 8.2.4. 

5.3 Determination of Boilinq Point 

Initial boiling points of solvents shall be determined by ASTM D-1078-78. 

5.4 Determination of Ventilation Rates 

Ventilation rates shall be determined by one of the following EPA Reference Methods, 

as appropriate: EPA Reference Method 2, 2A, 2C or 2D. 

Northern Sierra AQMD 

Rules & Regulations 

Rule 229 Adopted 

11/27/06 
Attachment 2b 

Staff Reports for RACT Rules 

SERVING THE COUNTIES OF NEVADA. PLUMAS AND SIERRA 
STAFF REPORT FOR PROPOSED RULE REVISIONS 

Rule 213: Storage of Gasoline Products (Amendment) 

Rule 214: Phase II ~a~or~ecovery System ~e~uirements (Amendment) 

Rule 215: Phase II Vapor Recovery System Requirements (Amendment) 

Prepared by Northern Sierra AQMD Staff, February 21,2007 

Date for Public Hearing: March 26,2007 

Date for Rule Adoption: March 26,2007 (Unless comments received necessitate 

significant modification) 

INTRODUCTION 

The Northern Sierra Air Quality Management District (NSAQMD) is proposing to amend Rules 

213, 214 and 215 in partial fulfillment of requirements under the Clean Air Act (CAA) as 

amended 1990. The proposed rule revisions would apply only in portions of the District 

designated as non-attainment for the National Ambient Air Quality Standards (NAAQS) for 

ozone, which currently includes western Nevada County ordy. There is no indication that any 

other portions of the District will be declared nonattainment for ozone in the foreseeable future. 

Effective June 15,2004, western Nevada County was designated under the CAA as a Basic 

nonattainment area for the 8-hour ozone NAAQS. The CAA mandates that western Nevada 

County implement an attainment plan in order to attain the NAAQS by the earliest practicable 

date. One of the requirements in the CAA is that ozone nonattainment areas must adopt 

Reasonably Available Control Technology (RACT) for ozone precursors for specific categories 

of sources within their jurisdiction. Ozone precursors are oxides of nitrogen @Ox) and volatile 

organic colnpounds (VOCs). The proposed rules address VOC emissions. RACT measures 

must be locally adopted and submitted to the Environmental Protection Agency (EPA) by June 

15,2007 as part of California's State Implementation Plan to attain and maintain the NAAQS. 

EPA has published numerous RACT guidance documents. Based on federal guidance, the 

NSAQMD believes the proposed rules satisfy federal RACT requirements for vapor recovery. 

SUMMARY OF PROPOSED RULE REVISIONS 

Rule 213: Storage of Gasoline Products (Amendment) 

The existing Rule 213 (adopted 9-1 1-1991) does not require Phase I vapor recovery for gasoline 

storage in tanks larger than 250 gallons. RACT requires this, so the rule is being amended 

accordingly. 

Rule 214: Phase I Vapor Recovery System Requirements (Amendment) 

The existing Rule 214 (adopted 9-1 1-1991) does not require Phase I vapor recovery for gasoline 

transfer (as opposed to "storage," which is addressed in Rule 213) involving tanks larger than 

250 gallons, and non-retail facilities are exempt under the existing rule. Also, the existing rule 

contains various exemptions, such as for facilities with an annual throughput of less than 480,000 

gallons. This does not meet the requirements of RACT, so the rule is being amended 

accordingly. The most important change is that non-retail facilities are no longer exempt in 

Staff Report for Amendment of Rules 213,214 and 215 Page 1 
western Nevada County. The proposed rule includes an exemption for facilities with a monthly 

throughput that never exceeds 10,000 gallons. 

Rule 215: Phase II Vapor Recovery System Requirements (Amendment) 

The existing rule (required by State law) applies to vehicle fueling operations, which are subject 

to Phase 11 vapor recovery (the familiar "boots" and other systems that capture gasoline vapors 

while vehicles are being fueled). The existing rule contains various exemptions, such as for nonretail facilities and facilities with an annual throughput of less than 480,000 gallons. This does 

not meet the requirements oERACT, so the rule is being amended accordingly. The proposed 

rule applies to non-retail facilities as well as retail facilities, but includes an exemption for 

facilities with a monthly iluoughput that never exceeds 10,000 gallons. The proposed rule also 

deletes a cumbersome list of potential vapor recovery defects from the Califomia Code of 

Regulations, Section 94006, and simply incorporates that Section by reference. 

COST EFFECTlVENESS ANALYSIS 

The California Health and Safety Code (HSC) $40703 requires a cost effectiveness analysis for 

the adoption of any control measure. 

Current vapor recovery technology results in 95% to 97% VOC control. Recovering gasoline 

vapors that would otherwise evaporate into the ambient air conserves gasoline and also means 

that this gasoline can be sold by the business having vapor recovery. Further, gasoline vapors 

contain several toxic compounds, including benzene and toluene, the emissions of which would 

be reduced through vapor recovery. Most of the gasoline dispensing facilities in the 

nonattainment area have already made the necessary upgrades under current regulations, and will 

not be affected by the proposed revisions. Approximately 3 to 5 facilities would be affected. 

The District has been, and will continue to be, in close coinmunication with entities identified as 

possibly being affected by the proposed revisions. 

Public agencies such as the California Highway Patrol, California State Parks, the Coulity of 

Nevada, and the Nevada Irrigation District have technically been exempt from the cuii-ent rules 

as non-retail facilities. However, the District has been advising ihese facilities for approximately 

ten years to install vapor recovery to reach the level of control required by these regulations, 

since it is easiest to do when other below-ground worlc is being performed. Therefore, most nonretail facilities are already in compliance. It is possible that Califomia State Parks will have to 

upgrade their equipment at Empire Mine, although at the time of writing this is not certain. 

Regarding private businesses that may be affected, one of the Tom's Sierra stations will probably 

have to upgrade to Phase I vapor recovery because of the size of their tanks. However, 

depending on how their tanks are set LIP, it may be much less costly than a full retrofit (in the 

range of two- to five-thousand dollars). There is some indication that a Hunt Petroleum station 

in the nonattainment area should have already met the requirements in order to comply with the 

District's existing rules, although at the time of writing, this has not been determined with 

certainty. Nonetheless, under the proposed revisions they will have to upgrade. Also, Slip's 

Marina at Lalce Englebright may have to upgrade to some degree. 

Staff Report for Amendment of Rules 21 3,214 and 21 5 Page 2 
The cost of a full upgrade to the vapor recovery requirements of the proposed revisions can be LIP 

to $50,000, or possibly more, depending on exactly what work needs to be performed 

underground. However, it has been common practice since the mid-1990's to install vapor 

recovery lines below the pavement in order to enable an easy transition to vapor recovery. 

The estimated reduction in TOG (total organic gas) en~issions is presented in the following table. 

For gasoline vapors, TOG equals VOC beca~~se the vapors are considered 100% photochemically 

reactive, according to the California Air Resources Board's speciation profiles for 2006. 

TOG (VOC) Emission Reduction$ 

Emission Source 

Underground 

- Tanks - Transfer 

Vehicle Fueling - - 

Displacement rn Undergmund 1,008 - 

Tanks - Breathing 1 

I I I I I 

Soul.ce: Emission factors in colu~nns 1-3 are from Califo~nia Air Resources Board -Emission Inventory 

Methodology, Section 4.10: Gasoline Dispensing Facilities (Revised May, 1999). 

Emission 

Factor 

Without 

Control 

(lbs/1000 gal) 

8.4 

8.4 

120 

The District estimates that approximately 1.2 million gallons of gasoline per year is dispensed by 

facilities that will have to install vapor recovery in western Nevada County under the proposed 

rule revisions. Applying the VOC emission reductions listed in the table above yields estimated 

VOC reductions of 2,016 pounds (1.01 tons) per year from the proposed rule revisions. This is 

substantial since man-made VOC emissions (excluding natural emissions from vegetation) for all 

of Nevada County (including Trucltee and the eastern portion of the County) are estimated at 

only 12.59 tons for 2006. The District estimates that the total cost of all upgrades, inspections 

and permitting for all affected facilities combined to be approximately $130,000, with ongoing 

costs of approximately $6,000 per year for permitting, inspections and maintenance. If all work 

is performed just before the deadline of October 31,2008, this yields a cost effectiveness figure 

of approximately $128,713 per ton of emissions reduced the first year 2008-2009) and $5,941 

per ton in perpetuity. It could also be expressed as $18,400 per ton over ten years. These figures 

are reasonable but rough approximations, with a large margin of error. 

Emission 

Factor With 

Control 

(lbsll 000 gal) 

0.42 

0.74 

Vehicle Fueling - 1 0.64 504 

Totals (lbs.) 

AUTHORITY AND RULE ADOPTION REQUIREMENTS 

The District is authorized to regulate sources of air pollutants by HSC $40001 and $40702. HSC 

$41508 allows districts to adopt stricter standards than the State, but not more relaxed standards. 

18.28 1.68 

Staff Report for Amendment of Rules 213,214 and 215 Page 3 

--- 

0.42 768 

21,936 

(1 0.97 tonslyear) 

2,016 

(1.01 tons/year) 
HSC 540728.5 requires a socioeconomic analysis for proposed rules in districts having a 

population greater than 500,000 persons. The NSAQMD's population is approximately 120,000 

so this requirement does not apply. 

These rules are exempt from CEQA per Class 8 (5 15308) of the CEQA guidelines. 

The California Health and Safety Code requires the District to comply with a rule adoption 

protocol as set forth in $40727 of the Code. There are six findings the District must make when 

developing, amending or repealing a rule, presented in the following table. 

d Safety Code $40727 

REFERENCE 

Authority I A provision of law or of a state or HSC Sections 40001,40702, and 

Necessity 

Clarity 

I affected by it. 

Consistency 1 The regulation is in harmony with, and 1 The District has determined these 

federal regulation pennits or requires 

the regional agency to adopt, amend, or 

repeal the regulation. 

A need exists for the regulation, or its 

amendment, or appeal, as demonstrated 

by the record or rule maliing authority. 

The regulation is written or displayed so 

that its meaning can be easily 

understood by the persons directly 

41 5 1 1. 

It is necessary for the NSAQMD to 

adopt these rules in order to comply 

with the Clean Air Act and thereby 

avoid federal sanctions. Further, the 

source categories to which they apply 

exist in the non-attainment area. 

The proposed rules are writlen in such 

a manner that they can be easily 

understood by affected. 

RECOMMENDATION 

Staff recommends approval by tile Northern Sierra Air Quality Management District Board of 

Directors of the findings and proposed rules. 

Nonduplication 

Reference 

Staff Report for Amendment of Rules 213,214 and 215 Page 4 

not in conflict with or contradictory to, 

existing statutes, court decisions, or 

state or federal regulation. 

A regulation does not impose the same 

requirements as an existing state or 

federal regulation unless a district finds 

that the requirements are necessary or 

proper to execute the powers and duties 

granted to, and imposed upon, a district. 

Any statute, coui-t decision, or other 

provision of law that the district 

implements, interprets, or malces 

specific by adopting, amending, or 

repealing a regulation. 

rules are consistent with State and 

federal regulations. 

The District has compared the 

proposed rules with existing rules and 

has found no duplication. 

These rules are being proposed 

consistent with the requirements of 

CAA Title 1, Part D, Section 

172(c)(l) and 40 CFR Part 51.912(c). 
STAFF REPORT FOR PROPOSED RULES 

RULE 227: CUTBACK AND EMULSIFIED ASPHALT PAVING MATERIALS 

RULE 228: SURFACE COATING OF METAL PARTS AND PRODUCTS 

RULE 229: SOLVENT CLEAMNG OPERATIONS (DEGREASING) 

Prepared by Northern Sierra AQMD Staff, October 16,2006 

Date for Public Hearing: November 27,2006 

Date for Rule Adoption: November 27,2006 (Unless comments received at public 

hearing necessitate significant modification) 

INTRODUCTION 

The Northern Sierra Air Quality Management District (NSAQMD) is proposing lo adopt Rules 

227, 228 and 229 in fulfillment of requirements for Reasonably Available Control Technology 

(RACT) under the Clean Air Act (CAA) as amended 1990. The proposed rules would apply 

only in portions of the District designated as non-attainment for the National Ambient Air 

Quality Standards (NAAQS) for ozone (currently Western Nevada County only). 

BACKGROUND 

Effective June 15,2004, western Nevada County was designated under the CAA as a Basic nonattainment area for the 8-hour ozone NAAQS. Accordingly, the CAA mandates that western 

Nevada County develop and implement an attainment plan in order to attain and maintain the 

NAAQS by the earliest practicable date (and no later than 2014, including a one-time extension 

of up to five years). One of the requirements in the CAA is that ozone non-attainment areas 

must adopt Reasonably Available Control Measures for ozone precursors, including, at a 

minimum, RACT for specific categories of sources within their jurisdiction. Ozone precursors 

are oxides of nitrogen (NOx) and volatile organic compounds (VOCs). The proposed rules 

address VOC emissions. RACT measures must be locally adopted and submitted to the 

Environmental Protection Agency (EPA) by June 15, 1007 as part of California's State 

Implen~entation Plan to attain and maintain the NAAQS. All proposed RACT measures must be 

implemented no later that May 1,2009. 

EPA has published numerous RACT guidance documents. Based on federal guidance, the 

NSAQMD believes the proposed rules satisfy federal requirements for RACT for the subject 

emission source categories. 

SUMMARY OF PROPOSED RULES, INCLUDING POTENTIAL IMPACTS TO 

AFFECTED SOURCES AND THE ENVIRONMENT 

RULE 227: CUTBACK ASPHALT 

Cutback asphalt is mainly used as a temporary road patch, such as to fill potholes. This rule is 

modeled after Placer County's Cutback Asphalt rule, which was previously approved by EPA as 

part of California's 1-hour ozone plan. The rule limits the VOC content of cutback and 

emulsified asphalt, consistent with most asphalts of these types currently produced in California. 

Staff Report for Amendment to Rule 603 -Fees Page 1 
The proposed rule differs from the control technology set forth in EPA's guidance document, 

"Beyond VOC RACT CTG Requirements" (April, 1995) in that the guidance merely 

recommends substituting emulsified asphalt for cutback asphalt while the proposed n~le still 

allows the use of cutback asphalt but limits the VOC content, and also limits the VOC content of 

emulsified asphalt. The NSAQMD believes the proposed rule is similar in effect to the 

guidance, and is equally stringent. 

The only business in western Nevada County that the NSAQMD is aware of which sells cutback 

asphalt is Vulcan Materials. Vulcan purchases their cutback asphalt from a plant in the Roseville 

area, in Placer County, so the requirements of the rule already apply to the cutbaclc asphalt which 

is used in western Nevada County. Thus, no impact to existing businesses and no emission 

reductions are anticipated. Future businesses in the non-attainment area would be subject to the 

rule. 

RULE 228: SURFACE COATING OF METAL PARTS AND PRODUCTS 

This proposed rule applies to businesses that coat (with paint or other coatings) metal parts and 

products. It is modeled after an EPA-approved rule currently in effect in the Mojave Desert 

AQMD, combined with EPA's Control Technique Guideline (CTG) contained in the document, 

"Model Volatile Organic Compound Rules for Reasonably Available Control Technology," 

section XX.3020 (June, 1992). An applicability exemption of 15 pounds per day of total 

potential VOC emissions has been included in the proposed rule, consistent with EPA guidance. 

Since the proposed rule contains provisions limiting the VOC content of solvents used in surface 

preparation and cleanup, as well as miscellaneous metal parts coating, it is more stringent than 

EPA's model rule. The NSAQMD has surveyed similar rules in effect throughout the State and 

determined that these additional provisions are consistent with provisions in other nonattainment areas in California, making the technology reasonably available. 

The only business in western Nevada County that this rule is anticipated to affect is Serra 

Corporation. The NSAQMD has coordinated wit11 Serra in the development of this rule, and 

Serra Coporation believes it will be able to comply by the effective date of May 1, 2009, with 

minor modifications to its coating selections. Most of the coatings Serra currently uses comply 

with the standards in the proposed rule. The regulation would provide for an annual emission 

reduction of approximately 112 to 1 ton per year of VOCs. Also, any future metal parts and 

products coating businesses with VOC emissions in excess of 15 pounds per day in the nonattaiilment area would be subject to the rule. 

RULE 229: SOLVENT CLEANING OPERATIONS (DEGREASING) 

This rule applies to businesses that use open-top andlor conveyorized degreasing equipment for 

the cleaning of metal. An applicability exemption of 15 pounds per day of total potential VOC 

emissions has been included in the proposed rule, consistent with EPA guidance. The rule 

contains requirements for equipment and for its operation. 

The highest emitting solvent tank used for metal cleaning that the NSAQMD is aware of in 

western Nevada County (at Grass Valley Steelcast) emits less than 0.2 pounds per day of VOCs. 

Staff Repoit for Ainendmeilt to Rule 603 - Fees Page 2 
This facility is regulated under a Permit to Operate issued by the District which contains 

provisions to minimize VOC emissions, so the potential emissions without controls are not 

known. However, the District has determined that even without the required controls, VOC 

emissions from the facility would be below the 15 pound per day tl~reshold, making it exempt 

from the requirements of the proposed rule. Thus, no immediate impact to existing businesses 

and no emission reductions are anticipated. 

AUTHORITY AND RULE ADOPTION REQUIREMENTS 

The District is authorized to regulate sources of air pollutants by the California Health and Safety 

Code (HSC) $40001 and 540702. HSC $41508 allows local air districts to adopt stricter 

standards than the State, but not more relaxed standards. 

HSC $40728.5 requires a socioeconon~ic analysis for proposed rules in districts having a 

population greater than 500,000 persons. The NSAQMD's population is approximately 120,000, 

so this requirement does not apply. 

California Health and Safety Code (HSC) $40703 requires that all air quality districts consider 

and make public fnldings relating to the cost effectiveness of implementing an emission control 

measnre. No cost is associated with implementing the proposed rules, with the following 

possible exception. Serra Corporation may have to change some of the coatings it uses to paint 

metal parts and products. It is not known if the new coatings will cost more or less than the 

coatings currently in use. There may be some time involved in finding and switching to 

appropriate alternative coatings. However, since the major coating suppliers in California are 

familiar with low VOC emission standards throughout the State (many of which are lower than 

the standards in the proposed iule because of historical non-attainment reclassifications), it is not 

anticipated that finding suitable alternatives will be difficult. 

These rules are exempt from the requirements of CEQA per Class 8 (5 15308) of the CEQA 

guidelines. 

The California Health and Safety Code requires the District to comply with a rule adoption 

protocol as set forth in 540727 of ihe Code. There are six findings the District must make when 

developing, amending, or repealing a rule: 

FINDINGS ( DEFINITION 

~u31orit~ A provision of law or of a state or 

federal regulation permits or requires 

the regional agency to adopt, amend, or / repealthe reg;lation. 

Necessity I A need exists for the regulation, or its 

amendment, or appeal, as demonstrated 

by the record or rule making authority. 

adopt these rules in order to comply 

with the Clean Air Act and thereby 

avoid federal sanctions. Further, the 

source categories to which they apply 

Staff Report for Amendment to Rule 603 -Fees Page 3 
RECOMMENDATION 

Clarity 

Consisteilcy 

Nonduplication 

Reference 

Approval by the Northern Sierra Air Quality Management District Board of Directors of the 

findings and proposed rules herein. 

Staff Report for Amendment to Rule 603 -Fees 

The regulation is written or displayed so 

that its meaning can be easily 

understood by the persons directly 

affected by it. 

The regulation is in harmony with, and 

not in conflict with or contradictory to, 

existing statutes, court decisions, or 

state or federal regulation. 

A regulation does not impose the same 

requiremeilts as an existing state or 

federal regulation unless a district finds 

that the requirements are necessary or 

proper to execute the powers and duties 

granted to, and imposed upon, a district. 

Any statute, court decision, or other 

provision of law that the district 

implements, interprets, or makes 

specific by adopting, amending, or 

repealing a regulation. 

Page 4 

Regarding the asphalt rule, it is 

conceivable that asphalt could be 

imported from an area where it is 

formulated with a higher VOC content 

or a new manufacturer could open. 

Regarding the coating rule, emission 

reductions will be acl~ieved. 

Regarding the degreasing rule, it is 

reasonably conceivable that a source 

could trigger the applicability 

threshold. 

The proposed rules are written in such 

a manner that they can be easily 

understood by affected sources and 

their subsections are descriptively 

titled. 

The District has detennined these 

rules are consistent with State and 

federal regulations. 

The District has compared the 

proposed rules with existing n~les and 

has fouud no duplication. 

These rules are being proposed 

consistent with the requirements of 

CAA Title 1, Part D, Section 

172(c)(l) and 40 CFR Part 51.912(c). 
Attachment 3 

Evidence of Public Notice 

SERVING THE COUNTiES OF NEVADA, PLUMAS AND SIERRA 
NEVADA COUNTY PUBLISHING COMPANY 

Grnss Vulley, CA 

AFFIDAVIT OF PUBLICATION 

The Union 

, 

Northern Sierra Air Qualify 

Management Distritf 

Attn: Sam Longmire 

PO Box 2509 

Grass Valley, CA 95945 

WEFEBEiIECE: Revise Wuies 2i 3 & 2 15 

Ad #01519641 

Countv of Nevada, State of Calif. The 1 , undersigned, Betsy Hunter, being the principal 

clerk of the Nevada County Publishing Co. 

declares that the Nevada County Publishing 

Co. now is. and durina ail times herein named, " 

was a corporation duly organized and existing 

under the laws of the State of California, and 

now is, and during all times herein named was 

the printer of THE UNION, a newspaper of 

general circulation, as defined by Section 6000 

of the Government Code of the State of 

California, printed and published daily 

(Sundays excepted) in the City of Grass 

Valley, County of Nevada, State of California, 

and that affiant is the principal clerk of said 

Nevada County Publishing Co. I 

That the printed advertisement hereto annexed 

was published in the said UNION, in the issues 

of the following named dates: 

Published: Febcuary 23, 2007 . - 

I certify, under penalty of perjury, the 

,-I L.. 'legail ,$dve:tisrng Clerk 
(530) 283-0800 

EATHER PUBLISHING CO., INC. 

P.O. BOX B, QUINCY, CA 95971 

STATE OF CALIFORNIA 

Couniy of Plumas } 5s. 

and/or Lassen 

Keri B. Taborski deposes and says: That she is the 

principal clerk for the publisher of ihe' 

py$c~~$!~ .'Lle..%..alYII 

.... 

Quincy, Plurnos County 

Adjudication Decree 94644 Ad.iudicotion Decree #5462 

. .. ~ 

Chester. Plurnos County Poliolo. Plumas County 

Adjudiconon Decree #5956 Adjudicotian Decree #2497 

suaonville. Lassen County 

Adjudication Decree #I5466 

that the Public Notice - Northern Sierra Air Qualify 

Manaaement District to revise 

of which the attached is a true printed copy, was 

published in the weekly issue of said newspaper(s) 

as indicated above (and not in a supplement thereof) for one 

consecutive weeks, beginning Feb. 21. 2007 

and ending Feb. 21, 2007 , both dates inclusive, 

to wit: Feb. 21, 2007 

Date: Feb. 21, 2007 s $!h flKeri 0. Taborski 
FB R jj 

,2 7 2 oo . , ,, I! I 

%&- .--.--: j 

No. 

. . Notice for Publ~cat~on, Etc. (Title) 

Affidavit of Publication 

In the Superior Court 

State of California 

county of Sierra > ss 

Exhibit "A 

The undersigned, being the Publisher or his representative, of the 

circulation, as defined 

the State of California, 

County of Sierra, State of 

annexed, marked Exhibit A, was 

Messenger, in the issues of the 

I certify, under penalty of perjury, that the foregoing is true and correct: 

Executed at Downieville, CA, thiss ' day of - ,2007. 

n 
tp"&!:i I 

&% <$ .- \ !!$t3? ,J 

1\?~1.I"hem - Sierra Air Quality 1Yrna~e~fki . . . ., j@gfncf hi.. 

540 Searls Ave., Nevada City, CA 95959 (916) 265-1398 

November 4, 1988 

Feather Publishing Company, lnc. 

P.O. Box B 

Quincy, CA 95971 

Editor: 

Please publisn the enclosed public notice in the Wednesday, 

November 9, 1988 issue of the Feather River Bulletin, Indian 

Valley Record, Chester Progressive, and Portola Reporter. 

The bill for this service and Affidavit of Publication should be 

sent to: 

Northern Sierra Air Quality Management District 

540 Searls Avenue 

Nevada City, CA 95959 ,i 

Thank you for your prompt attention to this matter. 

Yours truly, 

doT~ bfJWayne Morgan 

Air Pollution Control Officer 

Serving the counties of Nevada, Plumas and Sierra 
November 4, 1988 

Feather Publishing Company, Inc 

P.O. BOX B 

Quincy, CA 35971 

Edi tor: 

Please publis 

November 9, 1 

Val ley Record 

h the enclosed public notice in the Wednesday, 

988 issue of the Feather River Bulletin, Indian 

, Chester Progressive, and Portola Reporter. 

The bill for this service and Affidavit of Publication should be 

sent to: 

Northern Sierra Air Quality Management District 

540 Searls Avenue 

Nevada City, CA 95959 

Thank you for your prompt attention to this matter. 

Yours truly, 

d@~ Wayne Morgan 9- 

Air Pollution Control Officer 
(916) 283-0800 

EATHER PUBLISHING CO., INC. 

P 0 BOX B QUINCY CA 95971 

STATE OF CALIFORNIA 

County of Piurnas I SS. 

Keri 0. Taborski deposes and says: That she is the 

Principal Clerk for the Publisher of the 

t INDIAN VhLLtY 

RECORD - o newspaper printed and pubiished at a newspaper published ond circulated at 

Quincy, Plurnoa County. Stole of California, Greenviile. Plumos County. Stote of Colif~ 

readjudicoted as o newspoper of general ornio, adjudicated as o newspoper of gen 

circulotion April 6. 1953, Decree No. 4644: erol circulotion October 27, 1958. Decree 

No. 5462: 

c $ester 

progressive 

o newspoper published ond circuloted at a newspoper published and circulated ot 

Chester. Plurnos County, Stote of Colifornio P~rtola, Plumas County. State of Colifornio, 

adiudicoted as o newspaper of general cir- adjudicated as a newspoper of general cirulofion Jonuory 22, 1962, Decree No. 5956; ulation April 5. 1928, Decree No. 2497; 

that the 

Hear4 ng-regulations 

of which the attached is a true printed copy, was 

~ublished in fhe weekly issue of said newspaper (and 

not in a supplement thereof) for 1 

consecutive weeks, beginning Nov. 9, 1988 

and ending same , both dates inclusive, 

to wit: Nov. 9. 19'qfi 

Keri B. Taborski 
Feothsr Rirer Bulletin lndion Volley Record C~SS~F~ Piogl~rrl Parlolo Roporier Lolien Cm. Ttmsr Wsllwsod Pine Presr 

2B30 V( 2847kX 758.3115 83Z~tbdb 2575321 2m-2277 i 

ECEIVEU 

FEATHER PUBLISHING CO., 14 

P 0. Box B Quincv. California 95971 Gv f 3 1388 I 

I 

Northern Sierra Air. Quality fvknagement District I 

B 

540 Seasls Ave. I i 

! 

! Nevada City Ca. 95959 

(PLEASE RETURN WITH REMITTANCE) AMT. 

Balance previous statement 

publ.lsh Hearingnoti-ce : 

Nov. 9, 1, all L+ Plunas paners 

min rate ($25.00 ea. ppperj 

Total Current Charges 

Credits 100.00 

TOTAL 

FEATHER PUBLISHING CO.. INC. QUINCY, CA. 95971 

All ormuntr due ond payable on or before the 15th of month following 

TERMS: NET dote of inmi'.. 1%" IIN~CB will be added to post due balmnces. 

Poyments received offer the 25th of the month will be credited the following month. 
F~alher Rivrr Bulietln India1 Vollsy Record Cilcrier Proulrirrr borfoo Rapnrler Loasen Co imer Werhrood Pine Prnrr 

1830800 2U7W 2183111 , 832-1646 257-5321 216-2217 

FEATHER PUBLISHING CO., INC. 

I 

P.O. Box B Quincy, California 95971 

(PLEASE RETURN WITH REMITTANCE) AMT. 

Balance previous statement 

p1tb:ish proposed amerirlme.nt-Lassen ?istrict 

regulations : 

LCT NOV. 8. 19$8 min rate 25.00 

Total Current Charges 

Credits 

TOTAL 25.00 

FEATHER PUBLISHING CO., INC. QUINCY, CA. 95971 

Ail ~ccountr due and pmy.ble on m~ before the 15th of month following 

TERMS: NET date of invoice. 11/2% service =hogs will be added to post due balancss. 

Pnymenir received offer tho 25th of the monih will be credited tha following month. 
(916) 283-0800 

P.O. BOX B. QUINCY. CA 95971 

STATE OF 6ALlFOWPIIA 

Cwnw of bssen 

Keri B. Taborski deposes and says: That she is the 

Principal Clerk for the Publisher of the 

a newspaper published ~nd circulated at Susanville, 

Lassen County, State of California, adjudicated as a 

newspoper of general circulation December 7, 1981, 

Decree No. 15466; that the 

Rearing-nroposed amendment 

of which the attached is a true printed copy, was 

published in the weekly issue of said newspoper 

" 

I (and not in a supple~ienthereof) for 

pinv. $3 , 14% consecutive weeks, beginning 

same and ending , both dates inclusive, 

Nov, 8, 144'3 to wit: 

$. [ I'" ' , .,.. 

( 1 c.,: , t.4 1,:;$> 

Date: " " ; , .., .L. -1 

Keri 5. Taborski 
November 4, 1988 

The Union 

11464 Suitor! Way 

Grass Valley, CA 95945 

Editor: 

Please publish the enclosed public notice on or before the 

November 9, 1968 issue of The Union. 

The bill for this service and Affidavit of Publication should be 

sent to: 

Northern Sierra Air Quality Management District 

540 Searls Avenue 

Nevada City, CA 95959 

Thank you for your prompt attention to this matter. 

Yours truly, 

Wayne Morgan 

Air Pollution Control Officer 
Sierra Air Quality &it Dlstrict i 

Nevada City, Calif. I 

I 

I 

Ho. .................. 

Notice for Bubllcatlanr. Etc. (Title) Ado~tion of Amendi~~ents - Reduction of Benzene ...................................... 

AFFIDAVIT OF PUBLICATION 

In the Superlor Court 

State of California 

County of Nevada 

EXHIBIT "A" 

Betsy Hunter 

Theunderslgned. .................................. being the principal clerk of the Nevada County Publishing Co.. declares that tho Nevada County Publlshing Co. now is. and durlng all tlmes hsreln named, war 

a corporation duly organfzed and exlriing under the 

IC~WS of the Stat- of Callfornla, and now Is, and rlurlng 

ail times herein named was tho printer and publlshsr 

of THE UNION, a newspapmr of general clrculatlon, as 

defined by Sectton 6000 of the Govsrnment Cod* of, 

the State of Californla, prlnted and published dally 

(Sundoys excepted) In the City of Grass Valley, County 

of Nevada. State of Callfornla, and that afflant Is the 

principal clerk of said Nevada County Publlrhing Co. 

That the prlntad advertlsernent hereto annexed. parked Exhibit A, was puhllrhed In th6 said UNION. In the 

issuer of the following named dates: 

November 9, 1988 

I certlfy. under penalty of periury, that the foregoing. 

is true and correcr. 

Executed ' 9th at Grass Volley, Colifornla, thlr ..;......... .............................. h10v . day of.. .:. 19 ..88. 

.,! .. i'/t .; 4 ,, . ,#LZZ~,., 

........................... 1 J 
S'erra.Air Quality S1str1ct 

I 

I 

~evada City, Calif. i 

No. .................- 

Notice for Publicatton. Ete. (Titfe) .!&r,t.isp.~f. f.am.nds~lrts.~ Red~xxion of .bnzene. .. 

AFFIDAVIT OF PUBLICATION 

In the Superlor Court 

State of Callfornla 

County 06 Nevada 

EXHIBIT "A" 

Betsy Ilunter ~heundersl~ned. ................................. being the principal clerk of the Nevada County Publishing Co.. declarer that tho Nevada County Publlrhing Co. now Is. and durlng all timer hereln named. war 

a corporation duly organized and exlrtlng under the 

laws of the State of Callfornla, and now Is, and during 

all tlrnes hereln named was the prlnter and publisher 

of THE UNION. a newspaper of general clrcuiatlon, ar 

defined by Section 6000 of thm Government Code of 

the State of Callfornla, prlnted and publlrhmd dally' 

(Sundays excepted) in thm City of Grass Valley. County 

of Nevada. State of Callfornla, and that afflant Is the 

principal clerk of said Nevada County Publlrhlng Co. 

That the prlnted advertisement hereto annexed, markad Exhibit A. was published In the raid UNION. In the 

issuer of the following named dates: 

Xovember 9, 1988 

I certlfy, under ~enalty of per/ury, that the foregoing. 

Is true and correc?. 

Executed at Grass Valley, California. thls .. .%t.!l.. ..... dayof .............................. hu.. . 19.&8- 
. ., , 

,.? -Tv$+,:;i+G>.. 

Norlhern Sierr,, Air Quality Mmageniient . .$i(i?@i ti;., 

510 Searls Ave.,Nevada ~. . city, CA 95959 (916) 265-1398 

, ,. ,., 

, $r.? 

.. .:, 

,, . 

. .. ., 

November 4, 1988 

The Mountain Messenger 

Drawer A 

Downievi l le, CA 95936 

Editor: 

Please publish the enclosed public notice in the Thursday, 

November 10, 1988 issue of your newspaper. 

The bill for this service and Affidavit of Publication should be . sent to: 

Northern Sierra Air Quality Management District 

540 Searls Avenue i 

6 

Nevada City, CA 95959 

Thank you for your prompt attention to this matter 

Yours truly, 

,' .: ,..,,~.. , 

~,,.. I 1 Wayne Morgan .... . . . 

Air Pollution Control Officer ,,, 

Serving the countles of Nevada, Plumas and Slerra - -. -- - 

Northern Sierra Air 

Management District 

540 Searls Ave 

Nevada City, Ca 95959 

Notice for Publication, Etc. (Title) ..?.~EI%~C.HEA.~ING.N~T~CE .................................... 

In the Super~or Court 

Slate of Cal8fornu I 

i as. 

County of Sierra, 

EXHIBIT "A'; 

,~,KVJ, it I)C,\\\>,I\IL,I' <!I xr~icr:~l c11.1 ul:~ttor~. ;IT dcfi~~cd by Srrtictr> 

>\?I IIIIICIII (:<XI? 01 111~. Sli11c ul C:i1lilur11ia, pr!nh?d a,\<! publisl~r~l 

iuwn cil U<IV ~ricrillr. Gjur11s uSSirr-ra.'State of Calilbrnia, states 

ilscr.lisc~~~t!~~l 11ere10 a~i~lrred, rnarkrd Exhibit A, was pul>lirhed 

,tirilm,rt ,lla~.,r,ti~rt~r; i~i tire issurf ol'lhc loll,ming namrd datc.5: 

er 10, 1988 . .. .... 

pe,n:il~) ol'pc,rjur,, i11~1t ttx lnrcguir~g is trqeartd correct, 

ircu~cd 21D~tinir\.illc. OaI8lurriiil. tllis 11-t.hda) 

uI' November .lY- 8 8 
FEATHER PUBLISHING CQ., BNC, 

P.O. Box B Quincy. California 95971 

Vortliern Sierra Air Quality Pbnaeement District 

@ 

540 Searls Ave. - -. 

Nevada City Ca. 95959 

(PLEASE RETURN WITH REMITTANCE) AM?. 

Bolnrrce previous statement 

p~~.bli.sh Hearingnotice r 

IVO-g. 9, 1988 all. 4 PPurnas papers 

mln rate ($25.00 ea. paper) 

Total Current Charges 

Credits 100.00 

TOTAL 

- 

FEATHER PUBLISHING CO., INC. QUINCY, CA. 95971 

All oc~wnts due and poyoble on or bafore ?ha 15th of month fqllowlna 

TERMS: NET date of invoice. 1%" lenica chorge will ba oddad to part due balances. 

Payments iecoirsd aesr the 25th of the month will ba credited the foC 

lowing month. 

NEVADA COUNTY PUBLISHING COMPANY 

Grass Valley, CA 

AFFIDAVIT OF PUBLICATION 

The Uliioli 

Northern Sierra Air Qualiy 

Management District 

PO Box 2509 

Grass valley, CA 95945 

REFERENCE: Public Notice 

Rules 227: 228, 229 

Ad #01518828 

County of Nevada, State of Calif. The 

undersiqned, Betsy Hunter, beinn the principal 

clerk 01 the ~e;ada co"nty Publishing CO. 

declares that the Nevada County Publishing 

Co. now is, and during all times herein named, 

was a corporation duly organized and existing 

under the laws of the State of California, and 

now is, and during all times herein named was 

the printer of THE UNION, a newspaper of 

general circulation, as defined by Section 6000 

of the Government Code of the State of 

California, printed and published daily 

(Sundays excepted) in the City of Grass 

Valley, County of Nevada, State of California, 

and that affiant is the principal clerk of said 

Nevada County Publishing Co. I 

That the printed advertisement hereto annexed 

was published in the said UNION, in the issues 

of the following named dates: 

Published: October 20, 2006 1 

I certify, under penalty of periury, the ( and corLegal Advertising Clerk 
STATE OF CALIFORNIA 

County of Plumas SS. 

Keri B. Taborski deposes and says: That she is the 

Principal Clerk for the Publisher of the 

a newspaper printed and published at Quincy, Plurnas 

County, State of California, readjudicated as a newspaper of general circulation April 6, 1953, Decree No. 

of which the attached is a true printed copy, was published in the weekly issue of said newspapers (and not 

in a supplement thereof) for 

consecutive weeks, beginning 

and ending d&&'b?~ 

* , both dates inclusive, 

to wit: A A 

w $5, LLrn 

Keri 5. Taborski 
1231 5 Deerfield Drive, 

Truckee, CA 96161 

Phone (775) 881-1201 

Fax (775) 887-2408 

I Account Number: #38101230 I 

Legal Acct. 

Northern Sierra Air Quality 

Management District 

200 Litton Drive Ste. 320 

P.O. Box 2509 

Grass Valley, CA. 95945 

Michele Brackley says: 

That (s)he is a legal clerk of the SIERRA SUN, a 

bi-weekly newspaper published at Truckee, in the 

State of California. 

Public Notice 

The Northern Sierra Air Quality is proposing to 

adopt Rule 227, 228, and 229. 

Public heanng: November 27, 2006 @ 1:00 p.m. 

Ad# 03523062 

of which a copy is hereto attached, was published in 

said newspaper for the full required period of 1 time 

commencina on October 23, 2006, and ending on 

STATEMENT: 

Credit Balance 

1 I I 

Proof and 

Statenzerzt of Publicatiorz 
Notice for Publication, Etc. (Title) .. ..................................................... 

Affidavit of Publication 

In the Superior Court 

Stale of California SS 

County of Sierra 

Exhibit "A" 

The undersigned, being the Publisher or his Representative of the 

Mountain Messenger, a newspaper of general circulation, as defined 

by Section 6000 of the Government Code of the State of California, 

published weekly in the town of Downieville, County of Sierra, State of 

Califol.nia, states, that: 

The printed advertisement hereto annexed, marked Exhibit A, was 

published in the said Mountain Messenger, in the issues of the 

following named dates: 

I certify, under penalty of perjury, that the foregoing is true and correct: 

Executed at Downieville, California, this&day of &>06. 
Attachment 4 

District Rules Ensuring Coinpliance and Enforcement of RACT 

SERVING THE COUNTIES OF NEVADA, PLUMAS AND SIERRA 
REGULATION 

II 

PROHIBITIONS 

Rule 201 District-Wide Coveraqe 

Prohibitions, as set forth in this Regulation, shall apply in all portions of the 

Northern Sierra Air Quality Management District unless otherwise stated. 

Northern Sierra AQMD 

Rules and Regulations 

Adopted 

0911 1/91 
REGULATION I1 

PROHIBITIONS 

Rule 223 Enforcement 

These Rules and Regulatioils shall be enforced by the Air Pollution Control 

Officer under authority of Section 40001,40702,40752, and all officers 

empowered by Section 40120. 

Northern Sierra AQMD 

Rules & Regulations 

Rule 223 - I Adopted 

10/19/91 
REGULATION I1 

PROHIBITIONS 

Rule 225 Coml~liance Tests 

Except as otherwise provided in these Rules and Regulations, performance tests 

undertaken to determine compliance of sources with Regulation I1 shall comply 

with the provisions of CFR 40, Part 60, Appendix A except that Method 5 shall be 

modified to include the impinger train. 

Northern Sierra AQMD 

Rules & Regulations 

Rule 225 - 1 Adopted 

10119191 
mGULATION IV 

AUTHORITY TO CONSTRUCT REGULATIONS 

Rule 401 Permit Required 

Any person building, altering, or replacing any source of air conta~ninants shall 

first obtain an Authority to Construct from the Air Pollution Control Officer. An 

Authority to Construct shall remain in effect until the Permit to Operate for that 

source for which the application was filed is either granted or denied or until 

termination pursuant to other provisions of this Regulation. 

Major sources subject to Title V of the Clean Air Act of 1990, shall also comply 

with the requirements of Rule 522 Title V - Federal Operating Permits. The 

applicant for a major source shall apply to the U.S. EPA for applicable federal 

requireinents pursuant to Title I of the Clean Air Act of 1990, that have not been 

delgated to the District. 

Northern Sie~~a AQMD 

Rules &Regulations 

Rule 400 - 1 Amended 

0511 1194 
REGULATION IV 

AUTHORITY TO CONSTRUCT REGULATIONS 

Rule 402 Exemptions to Rule 401 

Unless required or allowed elsewhere within the District rules, or by a ARB 

Airborne Toxic Control Measure, or any other State or Federal regulation, an 

Authority to Construct shall not be required for: 

A. (1) Any vehicle. 

(2) Any structure designed for and used exclusively as a dwelling for not 

more than four fanlilies. 

(3) An incinerator used exclusively in connection with a structure as 

described in A.(2). 

(4) Barbecue equipment that is not used for commercial purposes. 

(5) (a) Repairs or maintenance not involving siructtual changes to 

any equipment for which a Permit to Operate has been granted. 

(b) As used in this subdivision, maintenance does not include 

operation. 

(6) Nothing in this section shall affect any requirements imposed on a 

district or a source of air pollution, including, but not limited to, an 

agricultural source, pursuant to the federal Clean Air Act (42 U.S.C. 

Sec. 7401 et seq.). 

B. Any facility or source with a toxic prioritization score less than 1 as 

determined by the District and that emits less than 1000 pounds per year 

of any criteria pollutant, precursor or toxic air contaminant. 

C. Steam generators, steam superheaters, water boilers, water heaters, and 

closed heat transfer systems that have a maximum heat input rate of less 

than 3,000,000 British Thermal Units (BTU) per hour gross, and are fired 

exclusively with one of the following: 

(1) Natural gas; 

(2) Liquefied petroleum gas; 

(3) A combination of natural gas and liquefied petroleum gas. 

D. Other sources that have not been deemed a nuisance or potential nuisance 

by the APCO and emit less than 1000 pounds per year of any one criteria 

pollutant or precursor or emit less than 2000 pounds of any combination 

thereof as determined by the APCO. 

Northern Sierra AQMD 

Rules & Regulations 

Rule 402 - 1 Amended 

06/27/05 
REGULATION V 

PERMIT TO OPERATE REGULATIONS 

Rule 508 Posting of Permit to Operate 

A person who has been granted a Permit to Operate under this Regulation shall 

fmly affix such Pennit to Operate, an approved facsimile or other identification 

approved by the Air Pollution Control Officer upon the article, machine, 

equipment, or other contrivsu~ce in such a manner as to be clearly visible and 

accessible. In the event that the equipment is so constructed or operated that the 

Permit to Operate cannot be so placed, the Permit to Operate shall be mounted so 

as to be clearly visible in an accessible place on the premises or maintained 

readily available at all time on the operating prenlises. A person shall not 

willfully deface, alter, forge, counterfeit, or falsify a Permit to Operate. 

No~thern Sierra AQMD 

Rules & Regulations 

Rule 508 - 1 Amended 

05111194 
REGULATION V 

PERMIT TO OPERATE REGULATIONS 

Rule 509 Authorih. to Inspect 

For the purpose of enforcing or administering any State or local law, order, 

regulation, or rule relating to air pollution, the Air Pollution Control Officer and 

his duly authorized agents shall have the right of entry to any premises on which 

an air pollution emission source is located for the purpose of inspecting such 

source, including securing samples of emissions therefrom, or any records 

required to be maintained therewith by the District. The Air Pollution Control 

Officer or his duly authorized agent shall have the right to inspect sampling and 

monitoring apparatus as he deems necessary. 

Northenl Sierra AQMD 

Rules & Regulations 

Rule 509 - 1 Amended 

0511 1194 
REGULATION V 

PERMIT TO OPERATE REGULATIONS 

Rule 513 Source Recordkeeping 

The owner or operator of any stationary source shall, upon notification from the 

Air Pollution Control Officer, maintain records of the nature and amounts of 

emissions from such source andlor any other information as may be deemed 

necessary by the Air Pollution Control Officer to determine whether such source 

is in compliance with applicable emission limitations or other control measures. 

The Air Pollution Control Officer may require that such records be certified by a 

professional engineer registered in the State of California. Such studies shall be 

made at the expense of the person causing the emissions. 

The information recorded shall be summarized and reported to the Air Pollution 

Control Officer, on forms or fonnats as required by the Air Pollution Control 

Officer, and shall be submitted within 45 days after the end of the reporting 

period. Reporting periods are January 1 - June 30 and July 1 -December 31, or 

other pcriods as may be specified by the Air Pollution Control Officer. 

Information reported by the owner or operator and copies of the summarizing 

reports submitted to the Air Pollution Control Officer shall be retained by the 

owner or operator for two years after the date on which the pertinent report is 

submitted. 

For major sources subject to Title V of the Clean Air Act of 1990, Part 6.2.6 and 

6.2.7 of Rule 522 Title V - Federal Operatiilg Permits applies. 

Northern Sierra AQMD 

Rules & Regulations 

Rule 513 - 1 Amended 

0511 1194 
REGULATION V 

PERMIT TO OPERATE REGULATIONS 

Rule 515 Provision of Sampling and Testing Facilities 

The Air Pollution Control Officer may, upon reasonable written notice, require 

the owner or operator of any source, the use of which may cause the issuance of 

air contaminants or the use of which may eliminate, reduce, or control the 

issuance of air contaminants. to: 

A. Provide to the Air Pollution Coiltrol Officer data on process and 

production rate, and techniques, flow diagrams, descriptions of basic 

equipment and control equipment, rates of emissions and other 

information which the Air Pollution Control Officer may require. 

B. Provide and maintain such facilities as are necessary for sampli~lg and 

testing purposes in order to secure information that will disclose the 

nature, extent, quantity, or degree of air contaninailts discharged into the 

atmosphere from the equipment in question. In the event of such a 

requirement, the Air Pollution Control Officer shall notie the applicant, in 

writing, of the required size, number and location of sampling holes, the 

size, and location of the sanlpling platform. All utilities shall be 

constructed in accordance with the general industry safety orders of the 

State of California. 

C. 1. Provide and maintain sampling and monitoring apparatus to 

measure emissions of air contaminants when the Air Pollution 

Coiltrol Officer has determined that such apparatus is available and 

should be installed. 

2. A person installing, operating, or using any of the following 

equipment shall provide, properly install, maintain in good 

working order, and operate continuous stack monitoring systems as 

described below: 

a. Oxides of nitrogen (NO,) and carbon dioxide (COz) of 

oxygen (Oz) from steam geilerators with a heat input of 250 

million British Thermal Units or more per hour and with a 

use factor of at least 30 percent. 

b. Oxides of nitrogen (N0,)from all new nitric acid plants. 

c. Sulfur dioxide (SOz) from sulhic acid plants, sulfur 

recovery plants, carbon monoxide (CO) from boilers or 

regenerators of fluid catalytic cracking units, new fluid 

cokers and existing fluid cokers with a feed rate greater 

than 10,000 barrels per day. 

Noithem Sierra AQMD 

Rules & Regulations 

Rule 515 - 1 
REGULATION V 

PERMIT TO OPERATE REGULATIONS 

3. A person operating or using a staclc monitoring system shall, upon 

written notice from the Air Pollution Control Officer, provide a 

summary of the data obtained from such systems. This summary of 

the data shall be in the form and the manner prescribed by the Air 

Pollution Control Officer. The summary of data shall be available for 

public inspection at the Office of the Air Quality Management District 

Records from the monitoring equipment shall be kept by the owner 

or operator for a period of two years, during which time they shall 

be available to the Air Pollution Control Officer in such fom~ as he 

directs. 

4. A violation of emission standards of these Rules and Regulations, 

as shown by the staclc monitoring system, shall be reported by the 

source owner or operator to the Air Pollution Control Officer 

within 96 hours. 

5. The owner or operator shall notify the Air Pollution Control 

Officer of the intent to shut down any monitoring equipment at 

least 24 hours prior to the event. 

6. The Air Pollution Control Officer shall inspect, as he determines to 

be necessary, the monitoring devices required by this Rule to 

ensure that such devices are functioning properly. 

D. The Air Pollution Control Officer may require that disclosures required by 

this Rule be certified by a professional engineer registered in the State of 

California. Studies necessary to provide such information shall be made at 

the expense of the person causing the emissions. 

Northern Siema AQME 

Rules & Regulations 

Amended 

05/11/94 
REGULATION V 

PERMIT TO OPERATE REGULATIONS 

RULE 524 

VIOLATIONS AND DETERMINATION OF COMPLIANCE 

CONTENTS 

PART 1.0 GENERAL 

1.1 Purpose 

1.2 Applicability 

1.3 Exemptions 

1.4 Effective Dates 

1.5 References 

PART 2.0 DEFINITIONS 

2.1 Adnlinistrator 

2.2 District 

PART 3 VIOLATIONS OF OTHER LEGAL MANDATES 

PART 4 STANDARDS FOR DETERMINATION OF COMPLIANCE 

4.1 Compliance Certifications 

4.2 Credible Evidence 

Northem Siel-ra AQMD 

Rules & Regulations 

Rule 524 - 1 Adopted 

01120195 
REGULATION V 

PERMIT TO OPERATE REGULATIONS 

Rule 524 Violations and Determination of Compliance 

PART 1 GENERAL 

1.1 Purpose 

The purpose of this rule is to provide standards by which compliance with 

requirements derived from the federal Clean Air Act may be determined. 

The provisions olthis rule shall provide standards for compliance 

determinations required by, or derived from, federal law for the operatioil 

of any article, machine, equipn~ent, or other contrivance within the District 

which may cause the issuance of air contaminants, or the use of which 

may eliminate, reduce, or control the issuance of air contaminants. 

1.3 Exemptions 

RESERVED 

1.4 Effective Dates 

This Rule becomes effective on February 1,1995. 

1.5 References 

The requirements of this Rule arise from the provisions of Sections 

1 lO(a)(2)(A),(C), and (F)(42 U.S.C. Sections 7401(a)(2)(A),(C), and (F): 

and Sections 1 13, 1 14(a)(3)(42 U.S.C. Sections 7413 and 7414(a)(3)) of 

the federal Clean Air Act. 

PART 2 DEFINITIONS 

2.1 Administrator 

The Administrator of the United States Environmental Protection Agency 

or delegate. 

2.2 District 

Air Pollution Control District. 

Northern Siei~a AQMD 

Rules & Regulations 

Rule 524 - 2 Adopted 

01R0195 
REGULATION V 

PERMIT TO OPERATE REGULATIONS 

PART 3 VIOLATIONS OF OTHER LEGAL MANDATES 

Nothing in the District Regulations is intended to permit any practice which is a 

violation of any statute, ordinance, rule or regulation. 

PART 4 STANDARDS FOR DETERMINATION OF COMPLIANCE 

4.1 Com~liance Certification 

Notwithstandiilg any other provision in any plan approved by the United 

States Environmental Protection Agency Administrator, for the purpose of 

submission of compliance certification required by federal law, the owner 

or operator is not prohibited from using the following, UI addition to any 

specified compliance methods: 

4.1.1 An enhanced monitoring protocol approved for the source pursuant 

to 40 CFR Part 64. 

4.1.2 Any other monitoring method approved for the source pursuant to 

40 CFR 70.6(a)(3) and incorporated into a federally enforceable 

operating permit. 

4.2 Credible Evidence 

Notwithstanding any other provision in the District's State Implementation 

Plan approved by the Administrator, any credible evidence may be used 

for the purpose of establishing whether a person has violated or is in 

violation of any such plan. 

4.2.1 Illformation from the use of the following methods 

is presumptively credible evidence of whether a violation 

has occurred at a source: 

4.2.1.1 An enhanced monitoring protocol approved for the source 

pursuant to 40 CFR Part 64. 

4.2.1.2 A monitoring method approved for the source pursuant to 

40 CFR 70.6(a)(3) and incorporated into a federally 

enforceable operating permit. 

4.2.1.3 Compliance test methods specified in the District's State 

Implementation Plan. 

Northern Sierra AQMD 

Rules & Regulations 

Rule 524 - 3 Adopted 

01R0195 
Northern Sierra AQMD 

Rules & Regulations 

REGULATION V 

PERMIT TO OPERATE REGULATIONS 

4.2.2 The following testing, monitoring, or informationgathering methods are presunlptively credible testing, 

monitoring, or information-gathering methods: 

4.2.2.1 Any federally-enforceable monitoring or testing methods, 

including those in 40 CFR Parts 51, 60, 61 and 75. 

4.2.2.2 Other testing, monitoring, or information gathering 

methods that produce information comparable to that 

produced by any method in 4.2.1 or 4.2.2.1 herein. 

Rule 524 - 4 Adopted 

01120195 
Attachment 

Public Notices for Adoption of RACT SIP 
(530) 

1 EATHER PUBLISHING CO., 

P.O. BOX B, QUINCY, 

, . . . 

STATE OF CALIFORNIA ', . .. } ss. 

County of Plumas 

and/or Lassen 

Keri B. Taborski deposes and says: That she is the 

principal clerk for the publisher of the 

Quincy, Plurnas County 

Adjudication Decree #4644 Adjudic~tion Decree it5462 

n ~POBTBLA BEPBBTEB 

Chestei. Plurnas County Parioia, Plurnas County 

Adjudication Decree #2497 Adjudication Decree #5956 

Susanvllle. Lassen County 

Adjudication Decree #1M66 

that the Public Notice - Northern Sierra Air Quality 

Management District orooosal to adopt 

of which the attached is a true printed copy, was 

published in the weekly issue of said newspaper(s) 

as indicated above (and not in a supplement thereof] for one 

consecutive weeks, beginning May 23, 2007 

and ending May 23, 2007 , both dates inclusive, 

to wit: May 23, 2007 

( 

Date: May 23, 2007 s 

Keri 

'I& 

B. Taborski 

b - 
Notice for Public ........ .. ..,.....,.,.. 

vit of Publication 

In the Superior Court 

State of California 

County of Sierra > 

Exhibit "A 

The undersigned, being the Publisher or his Representative of the 

Mountain Messenger, a newspaper of general circulation, as defined 

by Section 6000 of the Government Code of the State of California, 

published weekly in the town of Downieville, County of Sierra, State of 

California, states, that: 

The printed advertisement hereto annexed, marked Exhibit A, was 

published in the said Mountain Messenger, in the issues of the 

following named dates: 

I certify, under penalty of perjury, that the foregoing is true and correct: 

Executed at Downieville, California, this 

day 2007, 
NEVADA COUNTY PUBLISHING COMPANY 

Grass Valley, CA 

AFFIDAVIT OF PUBLICATION 

The Union I 

Northern Sierra Air Quality 

Management Service 

PO Box 2509 

Grass Valley, CA 95945 

REFERENCE: (m 

Ad#01520407 

County of Nevada, State of Calif. The 

undersigned, Betsy Hunter, being the principal 

clerk of the Nevada County Publishing Co. 

declares that the Nevada County Publishing 

Co. now is, and during all times herein named, 

was a corporation duly organized and existing 

I ~nder the laws of the State of California, and 

now is, and during all times herein named was 

the printer of THE UNION, a newspaper of 

general circulation, as defined by Section 6000 

of the Government Code of the State of 

California, printed and published daily 

(Sundays excepted) in the City of Grass 

Valley, County of Nevada, State of California, 

and that affiant is the principal clerk of said 

Nevada County Publishing Co. 

That the printed advertisement hereto annexed 

was published in the said UNION, in the issues 

of the following named dates: 

Published: MCIY 25, 2007 

I certify, under penalty of periury, the 

legal Advertising Clerk 
Attachment 

RACT SIP Board Adoption Resolution, June 25,2007 
NORTHERN SIEWM AIR QUALI'TY MANAGEMENT DISTRICT 

RESOLUTION #2QO?-Q5 

In the Mattes sf: Adopting Reasonably Available Control Technology (RACT) for Western Nevada 

County @-Hour Ozone Federal Nonattainment Area 

Whereas, the Northern Sierra Air Quality Management District (NSAQMD) proposes to adopt as 

part of a fulfillment of requirements for Reasonably Availzble Control Technology (RACT) under the 

Federal Clean Air Act as amended in 1990; and 

Whereas, Western Nevada County was designated as nonattainment for the federal 8-hour ozone 

standard; and 

Whereas, The Federal Clean Air Act requires certain categories of sources in ozone nonattainment 

areas to implement control methods called "reasonably available control technology", or WCT as a 

part of their State Implementation Plan (SIP); and 

Whereas, the WCT requirement is meant to ensure that nonattainment areas have in place all 

RACT for source categories covered by a Control Techniques Guideline (CTG) issued by EPA, and 

for all major sources of air pollution that are not subject to a CTG; and , 

1 Whereas, the Air District Board of Directors has adopted RACT rules for all source categories 

covered by a CTG issued by EPA and have included these rules as part of its RACT SIP; and 

Whereas, the Air District Board of Directors has included a negative declaration for each source 

category covered by CTG that the local air district declares that there are no sources, either existing 

Oi a~ticipaied, in its area that are subject to a RACT requirement, which makes the requirement to 

adopt a rule for those types of sources no longer applicable; and 

Whereas, the RACT SIP has been properly noticed, has undergone a 30-day puljlic review period, 

the Northern Sierra Air Quality Management District Board of Directors has on this date held and 

conducted a public hearing on these rules, and has provided for and considered all written and oral 

testimony submitted during the review period and at said hearing in accordance with HSC Sections 

40725 and 40726; and 

Whereas, Section 15308 of the CEQA Guidelines provide that actions taken by regulatory agencies 

as authorized by state law to assure the maintenance, restoration, or enhancement of the 

environment where the regulatory process involves procedures for protection of the environment, are 

categorically exempt from CEQA review (Class 8 Categorical Exemption), and 

NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the Northern Sierra Air Quality 

( Management District Board of Directors that the District's Reasonably Available Control Technology 

j (RACT) State Implementation Plan (SIP) for western Nevada County's 8-hour Ozone Nonattainment 

Area is hereby adopted, as presented, as the District's partial fulfillment of obligations under the 

Federal Clean Air Act. 
On a motion by Supervisor h and seconded by Supervisor 

the foregoing regtks approbed and adopted by the Board of Directon of 

Air Quality Management District at a regular meeting held on June 25, 2007, by 

the following roll call vote: 

Absent' 

Abstaining: NO/^ 

/--7 

Approve: 

Chair of Board 

C 

Attest: 

w 

Allison King, Clerk of the Board