SJVUAPCD 1990 E. Gettysburg Ave.

Fresno, CA 93726

(559) 230-6000 SJVUAPCD Governing Board ADOPTREVISED PROPOSED AMENDMENTS TO RULE 4601 (ARCHITECTURAL COATINGS) December 17,2009 BEFORE 'THE GOVERNING BOARD OF THE SANJOAQUINVALLEY UNIFIED AIR POLLUTIONCONTROL DISTRICT
INTHE 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 controldistrict, as provided in California Health and Safety Code Sections 40150 et seq. and 40600 et seq.; and

WHEREAS, said district is authorized by California Health and Safety Code Section 40702 to make and enforce all necessary and proper orders, rules, and regulationsto accomplish the purpose of Division26 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 standardsfor 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 attainmentof the applicable ambient air quality standard; and

WHEREAS, pursuantto Section 39608 of the California Health and Safety Code, the San Joaquin Valley Air Basin has been classified as a nonattainmentarea 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 committingthe Districtto develop and adopt allfeasible emission control measures,

Resolution forRevised Proposed Amendments to Rule 4601SJVUAPCD 1990 E. GettysburgAve.

Fresno, CA 93726

(559)230-6000 SJVUAPCD Governing Board ADOPT REVISED PROPOSEDAMENDMENTS TO RULE4601 (ARCHITECTURAL COATINGS) December 17,2009 

### including Revised ProposedAmendnients to Rule4601 (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 RESOLVEDAS 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 accordancewith California Healthand 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 Section40727:
a. NECESSITY. The Goverrring Boardfinds, 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'scommitment inthe 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 4601SJVUAPCD

1990 E. GettysburgAve.

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 .findsthat 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 Boardfinds 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 itsdecision 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 (ArchitecturalCoatings) 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. Complyingwith said rule is not expected to constitute an undue burden on affected industries;
e. Implementationof said rule will advance longstanding commitments by the Districtto implementeveryfeasible measurefor the reductionof precursorsto ozone.

Resolutionfor RevisedProposed Amendments to Rule4601SJVUAPCD 1990 E. GettysburgAve.

Fresno, CA 93726

(559)230-6000 SJVUAPCD GoverningBoard ADOPTREVISED PROPOSEDAMENDMENTS TO RULE 4601 (ARCHITECTURAL COATINGS) December 17, 2009 6. The Governing Board finds that, because said rulemakingwill 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 provisionsof Sections 15061 (b)(3) of the State CEQA guidelines. 7. The Executive DirectorlAir Pollution Control Officer is directedto file a Noticeof
Exemptionwith the County Clerksof each of the counties inthe District. 8. The Executive DirectorIAir Pollution Control Officer is directed to file with all appropriate agencies certified copies of this resolutionand 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 ruletothe California Air Resources Boardfor 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 requirementsof the approved rule. 

### Ill Ill Ill /I/ 

### Ill Ill /I1 111 111

Resolution for Revised Proposed Amendments to Rule 4601SJVUAPCD 1990 E. GettysburgAve.,

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 17thday 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 JOAQUINVALLEY UNIFIED AIR P@LJJJTION CONTROL DISTRICT

-J -- 

### Chris Vierra, Chair Governing Board 4TTEST: 3erkto the Governing Board 3~ ~ndelina DeSantiago Clerkto the Board

Resolution forRevised Proposed Amendments to Rule 4601