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SJVUAPCO 1990 E. Gettysburg Ave.

Fresno, CA 93726

(559) 230-6000 SJVUAPCD Governing Board ADOPTPROPOSED AMENDMENTS TO RULE4901 (WOOD BURNING FIREPLACESAND WOOD BURNING HEATERS) ANDADOPTPROPOSED NEWRULE3901 (FEES FOR REGISTRATION OF WOOD BURNING HEATERS) September 18, 2014 BEFORE THE GOVERNING BOARD OF THE SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT RESOLUTION NO.

__ 14_-_09_-_12

__ AMENDMENTS TO RULE

### 4901 (WOOD BURNING HEATERS AND WOOD BURNING FIREPLACES) AND PROPOSED NEW RULE 

### 3901 (FEES FOR REGISTRATION OF WOOD BURNING HEATERS) IN THE MATTER OF: PROPOSED

WHEREAS, the San Joaquin Valley Unified Air Pollution Control District (District) is a duly constituted unified air pollution control district, as provided in California Health and Safety Code (CH&SC) Sections (§) 40150 et seq. and 40600 et seq.; and

WHEREAS, said District is authorized by CH&SC §40702 to make and enforce all necessary and proper orders, rules, and regulations to accomplish the purpose of Division 26 ofthe CH&SC; and

WHEREAS, pursuant to federal Clean Air Act (CAA) §1 07, the San Joaquin Valley Air Basin (Valley) has been classified as a nonattainment area for the national healthbased air quality standards for particulate matter 2.5 microns and smaller (PM2.5); and

WHEREAS, pursuant to CH&SC §39608, the Valley has been classified as a nonattainmentarea forthe state health-based air quality standards for PM2.5; and

WHEREAS, for each federal nonattainment pollutant, federal CAA §172' requires the District to adopt a plan that provides for the implementation of all reasonably available control measures as expeditiously as possible, and that provides for attainment ofthe applicable health-based air quality standard; and

WHEREAS, pursuant to the federal CAA and California CAA, the District's 

### 2012 PM2.5 Plan commits the District to amend Rule 4901 to lower the episodic curtailment threshold to reduce directly emitted PM2.5 emissions from this source category; and

WHEREAS, proposed amendments to Rule 4901 would incorporate a tiered episodic wood burning curtailment program whereby a Level One Episodic Wood Burning

-1- Resolution forProposedAmendments to Rule4901 AndProposedNewRule3901

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SJVUAPCD 1990 E. Gettysburg Ave.

Fresno, CA 93726

(559) 230-6000 SJVUAPCD Governing Board ADOPTPROPOSEDAMENDMENTS TO RULE4901 (WOOD BURNING FIREPLACESAND WOOD BURNING HEATERS) ANDADOPTPROPOSED NEWRULE3901 (FEES FOR REG/STRATlON OF WOOD BURNING HEATERS) September 18, 2014 

### Curtailment would be declared in a given geographic area by the District when pollutant levels are forecast to be equal to or exceed 20 I-lg/m3 

### but not to exceed 65 I-lg/m3 

### in that area and Level Two Episodic Wood Burning Curtailment would be declared in said area by the District when pollutant levels are forecast to exceed 65 I-lg/m3 

### in said area; and

WHEREAS, a Level One Episodic Wood Burning Curtailment would prohibit the use of non-registered wood burning heaters and wood burning fireplaces in a given geographic area, while the cleanest wood burning heaters that are registered with the District would be allowed to be used in said area; and

WHEREAS, a Level Two Episodic Wood Burning Curtailment would prohibit all wood burning subjectto Rule 4901 in a given geographic area;and

WHEREAS, a registration program would be created for the registration of wood burning heaters that meet specific qualification requirements identified within rule language; and

WHEREAS, a registration program would be created for the registration of qualified Wood Burning Heater Professionals to verify said wood burning heaters qualify for registration and are maintained per manufacturer specifications;and

WHEREAS, amendments to the Residential Wood Burning Program will result in a reduction of directly emitted PM2.5 emissions when and where those reductions are needed most, in urban residential areas during periods ofatmospheric stagnation ;and

WHEREAS, amendments to the Residential Wood Burning Program will result in a reduction of 5.1 tons per day of directly emitted PM2.5 emissions during the wood burning season of Novemberthrough February; and

WHEREAS, clarifications would be added to the density requirements for the installation ofwood burning heaters; and

WHEREAS, an exemption would be added to Rule 4901 rule language to clarify that open burning is subject to Rule 4103 rule requirements; and

-2- Resolution forProposedAmendments to Rule 4901 AndProposedNewRule 3901

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SJVUAPCD 1990 E

.Gettysburg Ave

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Fresno, CA 93726

(669) 230·6000 SJVUAPCD Governing Board ADOPTPROPOSEDAMENDMENTS TO RULE4901 (WOOD BURNING FIREPLACESAND WOOD BURNING HEATERS) ANDADOPTPROPOSED NEWRULE 3901 ( FEES FOR REGISTRA TlON OF WOOD BURNING HEATERS) September 1B, 2014



### WHEREAS, the District is proposing administrative amendments to Rule 4901 to clarify rule requirements by adding definitions and removing outdated and redundant language; and

WHEREAS, new Rule 3901 would complement Rule 4901 by establishing a $12

.50 fee associated with the voluntary registration and renewal of qualifying wood burning heaters for use during Level One EpisodicWood Burning Curtailments;and

WHEREAS, new Rule 3901 would commit the District to notify individuals with registered wood burning heaters of the upcoming expiration of said registration no earlierthan 60 days priorto the expiration date;and

WHEREAS, a public hearing for the adoption of proposed amendments to Rule 4901 and adoption of new Rule 3901 was duly noticed for September 18, 2014 in accordance with CH&SC §40725. NOW, THEREFORE, BE IT 

### RESOLVED AS FOLLOWS: 1

. The Governing Board hereby adopts the proposed amendments to Rule 4901 (Wood Burning Fireplaces and Wood Burning Heaters) and proposed new Rule 3901 (Fees for Registration ofWood Burning Heaters)

. Said rules shall become effective on September 18, 2014

. 2. 

### The Governing Board hereby finds, based on the evidence and information presented at the hearing upon which its decision is based, all notices required to be given by law have been duly given in accordance with CH&SC §40725, and the Governing Board has allowed publictestimony in accordance with CH&SC §40726

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

. The Governing Board finds, based on the staff report, public testimony, and the record for this rulemaking proceeding, that a need exists for said rule amendments and said new rule. Adopting said rules is necessary to meet the commitments ofthe SIP and requirements ofthe federal CMand the California CM

.
-3- Resolution forProposedAmendmentsto Rule 4901 AndProposedNewRule 39015

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SJVUAPCD 1990 E
. Gettysburg Ave.

Fresno, CA 93726

(569) 230·6000 SJVUAPCD Goveming Board ADOPTPROPOSED AMENDMENTS TO RULE4901 (WOOD BURNING FIREPLACESAND WOOD BURNING HEATERS) ANDADOPTPROPOSED NEWRULE3901 (FEES FOR REGISTRATlON OF WOOD BURNING HEATERS) September 18, 2014 Said rules satisfy the commitment in the District's 

### 2012 PM2.5 Plan

. b. AUTHORITY. The Governing Board finds that it has the legal authority for said rulemaking under CH&SC §40000 and 40001. c. CLARITY. The Governing Board finds that said rules are written or displayed so that the meaning can be easily understood by those persons or industries directly affected by said rule. d. CONSISTENCY. The Governing Board finds that said rules are in harmony with, and not in conflict with or contradictory to, existing statutes, court decisions, or state orfederal regulations

. e. NONDUPLICATION. The Governing Board finds that said rules do not impose the same requirements as any existing state orfederal regulation

. f. REFERENCE. The Governing Board finds that said rulemaking implements federal CAA §172(c)(1) and CH&SC §40920. 4. The Governing Board hereby finds that the requirements of CH&SC §40728.5 and 40920.6 have been satisfied to the greatest extent possible, and that the Governing Board has actively considered and made a good faith effort to minimize any adverse socioeconomic impacts associated with the proposed rulemaking. 5. The Governing Board finds that, because said rulemaking will have no possible significant adverse effect on the environment, the proposed actions are exempt from the provisions of the California Environmental Quality Act of 1970 (CEQA) under the provisions ofthe State CEQAGuidelines §15061 (b)(3). 6. The Executive Director/Air Pollution Control Officer is directed to file a Notice of Exemption with the County Clerks ofeach ofthe counties in the District. 7. The Executive Director/Air Pollution Control Officer is directed to file with all appropriate agencies certified copies of this resolution and the rules adopted herein and is directed to maintain a record ofthis rulemaking proceeding in accordance with CH&SC §40728.

-4- Resolution forProposedAmendments to Rule4901 AndProposedNewRule 39015

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### 26 27 SJVUAPCD Governing Board ADOPTPROPOSEDAMENDMENTS TO RULE 4901 (WOOD BURNING FIREPLACESAND WOOD BURNING HEATERS) ANDADOPTPROPOSED NEWRULE 3901 (FEES FOR REGISTRATlON OF WOOD BURNING HEATERS) September 18, 2014 8. The Executive Director/Air Pollution Control Officer is directed to transmit said rules to the California Air Resources Board for incorporation into the SIP. 9. The Governing Board authorizes the Executive Director/Air Pollution Control Officer to include in the submittal or subsequent documentation any technical corrections, clarifications, or additions that may be needed to secure EPA approval, provided such changes do not alter the substantive requirements ofthe approved rule. THE FOREGOING was passed and adopted by the following vote of the Governing Board of the San Joaquin Valley Unified Air Pollution Control District this 18th day ofSeptember 2014, to wit:

AYES: 

### Baines, Barba, Barwick, Bomprezzi, Capitman, Case McNairy, Elliott, O'Brien, Sherriffs, Wheeler, Worthley, Walsh

NOES: 

### Couch

ABSENT: 

### Brazil, Hanson

T**By~~~~~~~~~~~** ____ Hu alsh, Chair Governing Board
ATTEST: Deputy Clerk ofthe Governing Board

# BY**'=**

SJVUAPCO -5- Resolution forProposedAmendments to Rule4901 1990 E

.Gettysburg Ave.

Fresno, CA 93726 AndProposedNewRule 3901

(559) 230·6000