SJVUAPCD 

1990 E. Gettysburg Ave. 

Fresno, CA 93726 

(559) 230-6000 

SJVUA PCD Governing Board 

ADOPT REVISED PROPOSED AMENDMENTS TO RULE 4601 (ARCHITECTURAL COATINGS) 

December 17, 2009 

BEFORE 'THE GOVERNING BOARD OF THE 

SAN JOAQUIN VALLEY UNIFIED 

AIR POLLUTION CONTROL DISTRICT 

IN THE MATTER OF: REVISED ) RESOLUTION NO. 09-12-18 

PROPOSED AMENDMENTS TO RULE ' 

4601 (ARCHI'TECTURAL COATINGS) 

WHEREAS, the San Joaquin Valley Unified Air Pollution Control District (District) is a 

duly constituted unified air pollution control district, as provided in California Health and 

Safety Code Sections 401 50 et seq. and 40600 et seq.; and 

WHEREAS, said district is authorized by California Health and Safety Code Section 

40702 to make and enforce all necessary and proper orders, rules, and regulations to 

accomplish the purpose of Division 26 of the California Health and Safety Code; and 

WHEREAS, pursuant to Section 107 of the Federal Clean Air Act, the San Joaquin 

Valley Air Basin has been classified as a nonattainment area for the national healthbased air quality standards for ozone; and 

WHEREAS, for each federal nonattainment pollutant, Section 172 of the Clean Air 

Act 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 ambient air quality standard; and 

WHEREAS, pursuant to Section 39608 of the California Health and Safety Code, the 

San Joaquin Valley Air Basin has been classified as a nonattainment area for the state 

health-based air quality standards for ozone; and 

WHEREAS, the California Clean Air Act as codified in Section 40910 et seq. of the 

California Health and Safety Code requires the District's ozone attainment plan to be 

designed to reduce ozone precursor emissions by at least five percent per year or to 

include every feasible err~ission control measure; and 

WHEREAS, the District's 2007 Ozone Plan fulfilled both federal and state mandates 

by committing the District to develop and adopt all feasible emission control measures, 

Resolution for Revised Proposed 

Amendments to Rule 4601 
SJVUAPCD 

1990 E. Gettysburg Ave. 

Fresno, CA 93726 

(559) 230-6000 

SJVUAPCD Governing Board 

ADOPT REVISED PROPOSED AMENDMENTS TO RULE 4601 (ARCHITECTURAL COATINGS) 

December 17, 2009 

including Revised Proposed Amendnients to Rule 4601 (Architectural Coatings); and 

WHEREAS, a public hearing for the adoption of Revised Proposed Amendments to 

Rule 4601 (Architectural Coatings) was duly noticed for December 17, 2009, in 

accordance with California Health and Safety Code Section 40725. 

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 

1. The Goverrring Board hereby adopts Revised Proposed Amendments to Rule 

4601 (Architectural Coatings). Said rule shall become effective on December 17, 2009. 

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 California Health and Safety 

Code Section 40725, and the Governing Board has allowed public testimony in 

accordance with California Health and Safety Code Section 40726. 

3. In connection with said rulemaking, the Governing Board makes the following 

findings as required by California Health and Safety Code Section 40727: 

a. NECESSITY. The Goverrring Board finds, based on the staff report, and on 

public and industry testimony on the record for this rulemaking proceeding, that a need 

exists for said rule. Said rule is necessary to meet the commitments of the State 

Implementation Plan and requirements of the federal Clean Air Act and the California 

Clean Air Act. Said rule satisfies the District's commitment in the District's 2007 Ozone 

Plan. 

b. AUTHORITY. The Governing Board finds that it has the legal authority for 

said rulemaking under the California Health and Safety Code Sections 40000 and 

40001. 

c. CLARITY. The Governing Board finds that said rule is written or displayed 

so that the meaning can be easily understood by those persons or industries directly 

affected by said rule. 

'I1 

Resolution for Revised Proposed 

Amendments to Rule 4601 
SJVUAPCD 

1990 E. Gettysburg Ave. 

Fresno, CA 93726 

(559) 230-6000 

SJVUAPCD Governing Board 

ADOPT REVISED PROPOSED AMENDMENTS TO RULE 4601 (ARCHITECTURAL COATINGS) 

December 17, 2009 

d. CONSISTENCY. The Governing Board .finds that said rule is in harmon) 

with, and not in conflict with or contradictory to, existing statutes, court decisions, 01 

state or federal regulations. 

e. NONDUPLICATION. The Governing Board finds that said rule does no1 

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

f. REFERENCE. The Governing Board finds that said rulemaking implements 

Section 172(c)(l) of the federal Clean Air Act, and Section 40920 of the California 

Health and Safety Code. 

4. The Governing Board hereby finds that the requirements of California Health 

and Safety Code Sections 40728.5 and 40920.6 have been satisfied to the greatesl 

extent possible, and that the Governing Board has actively considered and made a 

good faith effort to minimize any adverse socioeconomic impacts associated with the 

proposed rulemaking. 

5. In cor~nection with said rulemaking and based on the evidence and information 

presented at the hearing upon which its decision is based, the Governing Board makes 

the following findings as required by California Health and Safety Code Section 

40920.6: 

a. Implementation of Revised Proposed Amendments to Rule 4601 

(Architectural Coatings) will reduce err~issions of volatile organic compounds (VOC); 

b. The estimated emission reductions will benefit San Joaquin Valley public 

health by reducing unhealthful ambient concentrations of ozone; 

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

currently in use in the San Joaquin Valley; 

d. Complying with said rule is not expected to constitute an undue burden on 

affected industries; 

e. Implementation of said rule will advance longstanding commitments by the 

District to implement every feasible measure for the reduction of precursors to ozone. 

Resolution for Revised Proposed 

Amendments to Rule 4601 
SJVUAPCD 

1990 E. Gettysburg Ave. 

Fresno, CA 93726 

(559) 230-6000 

SJVUAPCD Governing Board 

ADOPT REVISED PROPOSED AMENDMENTS TO RULE 4601 (ARCHITECTURAL COATINGS) 

December 17, 2009 

6. The Governing Board finds that, because said rulemaking will have no possible 

significant adverse effect on the environment, the proposed actions are exempt from 

the provisions of the California Environmental Quality Act of 1970 (CEQA) under the 

provisions of Sections 15061 (b)(3) of the State CEQA guidelines. 

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

Exemption with the County Clerks of each of the counties in the District. 

8. The Executive DirectorIAir Pollution Control Officer is directed to file with all 

appropriate agencies certified copies of this resolution and the rule adopted herein and 

is directed to maintain a record of this rulemaking proceeding in accordance with 

California Health and Safety Code Section 40728. 

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

rule to the California Air Resources Board for incorporation in the State Implementation 

Plan. 

10. The Governing Board authorizes the Executive DirectorlAir 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. 

Ill 

Ill 

Ill 

/I/ 

Ill 

Ill 

/I1 

111 

111 

Resolution for Revised Proposed 

Amendments to Rule 4601 
SJVUAPCD 

1990 E. Gettysburg Ave., 

Fresno, CA 93726 

(559) 230-6000 

SJVUAPCD Governing Board 

ADOPT REVISED PROPOSED AMENDMENTS TO RULE 4601 (ARCHITECTURAL COATINGS) 

December 17,2009 

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 

17th day of December 2009, to wit: 

AYES: Ayers, Barba, Case, Forman, Johnston, Millel 

Nelson, O'Brien, Ornellas, Telles, Watson, 

Worthley,, Vierra 

NOES: None 

ABSENT: Dominici 

SAN JOAQUIN VALLEY UNIFIED 

AIR P@LJJJTION CONTROL DISTRICT 

-J -- 

Chris Vierra, Chair 

Governing Board 

4TTEST: 

3erk to the Governing Board 

3~ 

~ndelina DeSantiago 

Clerk to the Board 

Resolution for Revised Proposed 

Amendments to Rule 4601