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 Assessment for Proposed Amended Rule 1162 - Polyester Resin

Operations as the California Environmental Quality Act Documents for the Currently

Proposed Project 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 proposed amendments to Rule 1162 - Polyester Resin

Operations. are considered a "project" pursuant to the California Environmental Quality Act

(CEQA); and

WHEREAS, the AQMD has had its regulatory program certified pursuant to Public

Resources Code §21080.5 and has conducted CEQA review and analysis pursuant to such

program (AQMD Rule 110); and

WHEREAS, the proposal to rescind the nonatomizing gel coat application technique

requirement is a modification of a previously approved project, AQMD staff has prepared a

Final Subsequent Environmental Assessment (SEA); and

WHEREAS, subsequento the circulation of the draft SEA for public review and

comment, industry requested an exemption for gel coat pin striping, and since the gel coat pin

striping exemption was outside of the scope of the SEA, a Final Environmental Assessment

(EA) was prepared; and

WHEREAS, both the SEA and EA were prepared pursuant to the AQMD's certified

regulatory program (Rule 110), and together the Final SEA and Final EA constitute the Final

CEQA documents for the currently proposed project pursuant to CEQA Guidelines § 15252;

and

WHEREAS, notices of completion were circulated to the public indicating that the

Final SEA was avaiiable for a 45-day public review and the Final EA was available for a 30-

day public review, no comments were received on either document; and

WHEREASt it is necessary that the adequacy of the' Final SEA and Final EA be

detenI1ined by the Governing Board prior to their adoption; and

WHEREAS, it is necess~ that the AQMD prepare a Statement of Findirigs and

Statement of Ov'erriding Considerations pursuant to CEQA Guidelines §§15091 and 15093,

respectively, regarding adverse environmental impacts that cannot be mitigated to

insignificance; and
WHEREAS, a Mitigation Monitoring Plan pursuant to Public Resources Code

§21 081. 6, has not been prepared since no mitigation measures were identified; and

WHEREAS, the AQMD Governing Board has determined that a need exists to amend

Rule 1162 - Polyester Resin Operations to: (1) delete the requirement of nonatomizing spray

application technique for gel coat, (2) require the use of a low emissions application technique

to apply gel coat; (3) clarify that a hand-held spray gun can also be used for gel coat touch-up

and repair, and (4) exempt pin striping from the low emissions application technique

requirement provided that the total amount of gel coat sprayed does not exceed one gallon per

day per facility, and

WHEREAS, the AQMD Governing Board obtains its authority to adopt, amend, or

repeal rules and regulations from California Health and Safety Code §§39002,40000, 40001,

40440,40702, and 41508; and

WHEREAS, the AQMD Governing Board has detennined that Rule 1162 - Polyester

Resin Operations, as proposed to be amended, is written or displayed so that 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 hannony with, and not in conflict with or

contradictory to, existing statutes, court decisions, or state or federal regulations; and

WHEREAS, the AQMD Governing Board has detemrined that Rule 1162 - Polyester

Resin Operations, as proposed to be amended, does not impose the same req1rirements as any

existing state or federal regulation, and the proposed amended rule is necessary and proper to

execute the powers and duties granted to, and imposed upon, the District; and

WHEREAS, tile AQMD Governing Board, in amending and adopting this regulation,

references the following statutes which tile District hereby implements, interprets, or makes

specific: California Health and Safety Code §§40001(a), 40440 40702, and Federal Clean 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 emission reductions 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

industIy by virtue of existing material technology and existing emission controls; and

WHEREAS, the AQMD Governing Board finds that it is infeasible to implement the

nonatomizing spray application technique requirement for gel coats; and
WHEREAS, 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 1162 should be adopted for the reasons contained in the staff report; and

WHEREAS, a public hearing has been properly noticed in accordance with the

provisions of Health and Safety Code §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 proceedings upon which the

adoption of this proposed amendment is 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 Assessment for Proposed Amended Rule 1162 -

Polyester Resin 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, and Yates.

NOES: None.

ABSENT : Loveridge, Ovitt, Perry, Pulido, and Verdugo-Peralta.

, .ot.d.-{...AJ. , ~C--

dra McDaniel, Clerk of the Boards
ERRATA TO AGENDA ITEM NO. 31

Amend Rule 1162 - Polyester Resin Operations

Due to a printing error, entire page 23 of the board package should be stricken out.