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SJVUAPCO 


1990 E. Gettysburg Ave. 


Fresno, CA 93726 


(559) 230-6000 


SJVUAPCD Governing Board 

ADOPT PROPOSED AMENDMENTS TO RULE 4901 (WOOD BURNING FIREPLACES AND WOOD 

BURNING HEATERS) AND ADOPTPROPOSED NEW RULE 3901 (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 of the 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 

nonattainment area for the 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 of the 

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 for Proposed Amendments to Rule 4901 

And Proposed New Rule 3901 
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SJVUAPCD 


1990 E. Gettysburg Ave. 


Fresno, CA 93726 


(559) 230-6000 


SJVUAPCD Governing Board 

ADOPT PROPOSED AMENDMENTS TO RULE 4901 (WOOD BURNING FIREPLACES AND WOOD 

BURNING HEATERS) AND ADOPT PROPOSED NEW RULE 3901 (FEES FOR REG/STRA TlON 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 subject to 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 of atmospheric 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 November through February; and 

WHEREAS, clarifications would be added to the density requirements for the 

installation of wood 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 for Proposed Amendments to Rule 4901 

And Proposed New Rule 3901 
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SJVUAPCD 


1990 E. Gettysburg Ave. 


Fresno, CA 93726 


(669) 230·6000 


SJVUAPCD Governing Board 

ADOPT PROPOSED AMENDMENTS TO RULE 4901 (WOOD BURNING FIREPLACES AND WOOD 

BURNING HEATERS) AND ADOPT PROPOSED NEW RULE 3901 (FEES FOR REG IS TRA 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 Episodic Wood 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 

earlier than 60 days prior to 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 of Wood 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 public testimony 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 of the SIP and requirements of the federal CM and the California CM. 

-3- Resolution for Proposed Amendments to Rule 4901 

And Proposed New Rule 3901 
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SJVUAPCD 


1990 E. Gettysburg Ave. 


Fresno, CA 93726 


(569) 230·6000 


SJVUAPCD Goveming Board 

ADOPT PROPOSED AMENDMENTS TO RULE 4901 (WOOD BURNING FIREPLACES AND WOOD 

BURNING HEATERS) AND ADOPT PROPOSED NEW RULE 3901 (FEES FOR REGISTRA TlON 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 or federal regulations . 

e. NONDUPLICATION. The Governing Board finds that said rules do not 

impose the same requirements as any existing state or federal 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 of the State CEQA Guidelines §15061 (b)(3). 

6. The Executive Director/Air Pollution Control Officer is directed to file a Notice of 

Exemption with the County Clerks of each of the 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 of this rulemaking proceeding in accordance with 

CH&SC §40728. 

-4- Resolution for Proposed Amendments to Rule 4901 

And Proposed New Rule 3901 
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SJVUAPCD Governing Board 

ADOPT PROPOSED AMENDMENTS TO RULE 4901 (WOOD BURNING FIREPLACES AND WOOD 

BURNING HEATERS) AND ADOPT PROPOSED NEW RULE 3901 (FEES FOR REGISTRA TlON 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 of the 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 of September 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 of the Governing Board 


BY '=

SJVUAPCO -5- Resolution for Proposed Amendments to Rule 4901
 1990 E. Gettysburg Ave. 


Fresno, CA 93726 And Proposed New Rule 3901 


(559) 230·6000