RESOLUTION NO. 05-23

A Resolution of the Governing Board of the South Coast Air Quality Management District Certifying the Final Subsequent Environmental Assessment and Final Environmental Assessmentfor Proposed Amended Rule 1162 - Polyester Resin Operations as the California Environmental Quality Act Documents for the Currently ProposedProject Subject to California Environmental Quality Act Gnideline §15153

A Resolution of the Governing Board of the South Coast Air Quality Management District Amending Rule 1162

### - Polyester Resin Operations
WHEREAS. the South Coast Air Quality Management District (AQMD) Governing Board finds and determines that the proposedamendments to Rule 1162 - Polyester Resin Operations.

are considered

a "project" pursuant

to the California EnvironmentalQuality Act (CEQA); and 

### WHEREAS,

the AQMD has had its regulatory program certified pursuant to Public Resources

Code §21080.5 and has conductedCEQA review and analysis pursuant to such program(AQMD Rule 110); and WHEREAS, the proposal to rescind the nonatomizing gel coat applicationtechnique requirement

is a modification of a previously approvedproject, AQMD staff has prepareda Final Subsequent

Environmental

Assessment

(SEA); and WHEREAS, subsequent o the circulation of the draft SEA for public review and comment,

industry requested

an exemptionfor gel coat pin striping, and sincethe gel coat pin striping exemptionwas outside of the scopeof the SEA, a Final Environmental Assessment (EA) was prepared;

and WHEREAS, both the SEA and EA were prepared pursuant to the AQMD's certified regulatoryprogram (Rule 110), and togetherthe Final SEA and Final EA constitute the Final CEQA documents

for the currently proposed project pursuantto CEQA Guidelines §15252; and WHEREAS, notices of completion were circulated to the public indicating that the Final SEA was avaiiablefor a 45-day public review and the Final EA was availablefor a 30- day public review, no comments were received

on either document;

and WHEREASt it is necessary that the adequacyof the' Final SEA and Final EA be detenI1ined

by the GoverningBoard prior to their adoption;and WHEREAS, it is necess~ that the AQMD prepare a Statement of Findirigs and Statement

of Ov'erriding Considerations pursuantto CEQA Guidelines §§15091and 15093, respectively, regarding adverse environmental impacts that cannot be mitigated to insignificance;

andWHEREAS, a Mitigation Monitoring Plan pursuant to Public Resources Code

§21 081. 6, hasnot been

prepared sinceno mitigation measures were identified; and WHEREAS, the AQMD Governing Board has determined that a needexiststo amend Rule 1162- PolyesterResin Operations to: (1) deletethe requirement of nonatomizing spray application

techniquefor gel coat, (2) requirethe use of a low emissions application

technique to apply gel coat; (3) clarify that a hand-held spray gun can also be usedfor gel coat touch-up and repair, and (4) exempt pin striping from the low emissions application technique requirement

provided that the total amountof gel coat sprayed doesnot exceed

one gallon per dayper facility, and WHEREAS, the AQMD Governing Board obtains its authority to adopt, amend, or repealrules and regulationsfrom California Health and Safety Code §§39002,40000,40001, 40440,40702,

and 41508;and WHEREAS, the AQMD Governing Board has detennined that Rule 1162

### - Polyester ResinOperations,

asproposed

to be amended,

is written or displayed

sothat its meaning

can be easily understood

by the persons

directly affected

by it; and WHEREAS, the AQ:MD Governing Board has determined that Rule 1162

### - Polyester Resin Operations,

as proposed

to be amended,

is in hannonywith, andnot in conflict with or contradictory

to, existing statutes,

court decisions,

or state or federalregulations;

and WHEREAS, the AQMD Governing Board has detemrined that Rule 1162

### - Polyester Resin Operations,

as proposed

to be amended,

doesnot imposethe samereq1rirements as any existing stateor federal regulation,and the proposedamended rule is necessary

and proper to execute the powers anddutiesgranted to, and imposedupon,the District; and 

### WHEREAS,

tile AQMD Governing Board, in amendingand adoptingthis regulation, references

the following statutes

which tile District hereby implements,interprets,or makes specific: California Health and Safety Code §§40001(a), 40440 40702, and FederalClean Air Act §172(c)(l); and WHEREAS, the AQMD Governing Board has detennined that there is a problem that the proposed amendments to Rule 1162 

### - Polyester Resin Operations will alleviate; that is, the implementation

of the requirement

to use nonatomizing spray application techniques for gel coat is infeasible to implement by July 1, 2005, and that there is no indication that any technology

is or will be developed

that will enable

emissionreductions

anticipated

for the rule to be obtained,

and WHEREAS, the AQMD Governing Board has determined that the proposed amendments to Rule 1162 

### - Polyester Resin Operations will not result in increased costs to industIyby virtue of existingmaterialtechnologyand existing emission controls; and WHEREAS, the AQMD Governing Board finds that it is infeasible to implementthe nonatomizing

sprayapplication

technique

requirement

for gel coats;

andWHEREAS, the AQMD Governing Board has detemlined that there is no need for a

socioeconomic impact assessment as this amendment has no additional cost for the composite industry; and WHEREAS, the AQMD Governing Board has determined that Proposed

Amended Rule 1162shouldbe adopted for the reasons

contained

in the staff report; and WHEREAS, a public hearing has been properly noticed in accordancewith the provisions

of Health and SafetyCode §40725; and WHEREAS, the AQMD Governing Board has held a public hearing in accordance with ail the provisions of law; and 

### WHEREAS, the AQMD specifies the Manager of Rule 1162 as the custodian of the documents

or other materials which constitute the record of proceedingsupon which the adoption of this proposed amendmentis based,which are located at the South Coast Air Quality Management

District, 21865 Copley Drive, Diamond Bar, California; and NOW, THEREFORE BE IT RESOLVED that the AQMD Governing Board hereby certifies, pursuant to the authority granted by .Jaw,the Final Subsequent Environmental Assessment

and Final Environmental Assessmentfor Proposed Amended Rule 1162

- PolyesterResin Operations,used as the Final CEQA documents for the currently proposed project;and
BE IT FURTHER RESOLVED, that the AQMD Governing Board hereby approves the Statement of Findings and the Statement of Oveniding Considerations prepared pursuant to CEQA Guidelines § 15091 and 15093, Tespectively, regarding adverse environmental impacts that cannot be mitigated to insignificance, which are included in Attachment 1, attached and incorporated herein by reference: and
BE IT FURTHER RESOLVED, that the AQMD Governing Board does hereby amend, pursuant to the authority granted by law, Rule 1162 - Polyester Resin Operations, as set forth in the attached and incorporated herein by this reference. Attachment

AYES: Antonovich, Burke, Carney, LaPisto-Kirtley, Silva, Wilson, andYates. NOES: None. ABSENT: Loveridge,Ovitt, Perry, Pulido, andVerdugo-Peralta.

, .ot.d.-{...AJ. , 

### ~C--

dra McDaniel, Clerk of the Boards

### ERRATA TO AGENDA ITEM NO. 31 Amend Rule 1162

# - Polyester Resin Operations

Dueto a printing error, entire page 23 of the boardpackage

shouldbe strickenout.