Santa Barbara County APCD

- CEQA Findings

- 1

- 1 September 20, 2010

Negative Declaration in Lieu of Rules to Adopt Certain Federal Emission Guidelines ATTACHMENT 1

CEQA FINDINGS

Pursuant to State CEQA Guidelines, Santa Ba rbara County Air Pollution Control District (District) , as Lead Agency, reviewed the proposed negative declaration in lieu of rules to adopt

certain federal Guidelines for existing sources. The District found that there is no potential for significant env ironmental impacts from the adoption of a negative declaration in lieu of rules.

The Board finds that:

 The adoption and implementation of a negative declaration in lieu of rules to adopt certain federal emission guidelines will not have significant adver se impacts on the

environment.

 No relaxation in meeting ambient air quality standards will result. No cross

- media impacts were identified.

 There are no sources in the county subject to the U.S.EPA Guidelines listed in the negative declaration in lieu of rules to adopt certain federal emission guidelines for existing sources.

 Pursuant to § 153061(b)(3) of the CEQA Guidelines, the project is not subject to CEQA as it can be seen with certainty that there is no possibility that the activity may have a sign ificant effect on the environment.

The District will prepare and file a Notice of Exemption for the project with the County Clerk of the Board in compliance with State Public Resources Code § 21152(b).

Discussion of CEQA Guidelines Section 15061(b)(3) finding of no significant effect

District staff has evaluated the environmental impacts related to a negative declaration in lieu of rules to adopt certain federal Emission Guidelines for existing sources in the context of the California Environmental Qua lity Act (CEQA) Guidelines Section 15061, Review for Exemption

. Subsection (a) of this section states that, “ once a lead agency has determined that an activity is a project subject to CEQA, a lead agency shall determine whether the project is exempt from CEQA. ” A CEQA exemption can be in the form of a statutory exemption, a categorical exemption, or it can be covered by the general rule, as expressed in Section 15061(b)(3), that,

“... CEQA applies only to projects which have the potential for causing a signi ficant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.”Santa Barbara County APCD

- CEQA Findings

- 1

- 2 September 20, 2010

Negative Declaration in Lieu of Rules to Adopt Certain Federal Emission Guidelines The project consists of adopting a ne gative declaration in lieu of rules indicating that Santa Barbara County does not have any sources subject to the following Title 40 Code of Federal Regulati ons (40 CFR), Part 60, Subparts:

 Cb, Emissions Guidelines and Compliance Times (Guidelines) for La rge Municipal Waste Combustors That Are Constructed on or Before September 20, 1994 [60.30b]

 Cd, Guidelines for Sulfuric Acid Production Units [60.30d]

 Ce, Guidelines for Hospital/Medical/Infectious Waste Incinerators [60.30e]

 BBBB, Guidelines for Small Municipal Waste Combustion Units Constructed on or Before August 30, 1999 [60.1500]

 DDDD, Guidelines for Commercial and Industrial Solid Waste Incineration Units Constructed on or Before November 30, 1999 [60.2500]

 FFFF, Guidelines for Other Solid Waste Incineration Units Constructed After December 9, 2004 [60.2980]

 HHHH, Guidelines for Coal

- Fired Electric Steam Generating Units [60.4101]

Provisions in 40 CFR Part 60, Subpart B, Adoption and Submittal of State Plans for Designated Facilities, section 6 0.23(b), indicate that if there are no sources subject to a Guideline in a state,

then the state will submit a letter of certification to that effect to the U.S.EPA within 9 months of the publication of the final Guideline in the Federal Register. The Dis trict is unable to confirm that such a letter of certification was submitted to the U.S.EPA in a timely manner for each of the

seven Guidelines listed above . Hence, the District intends to submit the negative declaration as

an alternative to a letter of c ertification to confirm that there are no designated facilities in Santa Barbara County subject to the seven Guidelines listed above

.

The Santa Barbara County Air Pollution Control District has determined that there are no designated facilities in the cou nty for the U.S. EPA Guidelines listed above. There is no need to adopt the U.S.EPA Guidelines in Santa Barbara County as rules because there are no sources to

which the Guidelines apply . Staff have concluded with certainty that there is no possibility th e finding of a negative declaration in lieu of rules on this subject will have a significant effect on the environment. Therefore, the negative declaration in lieu of rules is exempt from CEQA. The approval of the negative declaration in lieu of rules by the Santa Barbara County Air Pollution Control District Board of Directors will permit staff to submit the negative declaration

in lieu of rules along with a letter requesting a revision to the State Plan. Such submittal will be provided to the California Air Resources Board (ARB)

. If ARB finds the negative declaration and the request to amend the State Plan acceptable, the ARB will submit it to the U.S.EPA to

u pdate the Santa Barbara County portion of the State Plan.Santa Barbara County APCD

- CEQA Findings

- 1

- 3 September 20, 2010

Negative Declaration in Lieu of Rules to Adopt Certain Federal Emission Guidelines District staff considered the nega tive declaration in lieu of rules adopted to implement certain federal emission guidelines in the context of the above

- stated CEQA exemption, and made the following conclusions:

 There are no known existing sources that are subject to the source categories specified in the federal Guidelines located in Santa Barbara County other than Subpart Cc.

 The District implements and enforces the Guideli nes in Subpart Cc through District Rule 341, Municipal Solid Waste Landfills.

In light of the above statements, Di strict staff have concluded with certainty that there is no possibility the finding of a negative declaration in lieu of rules on this subject will have a significant effect on the environment. Therefore, it can be seen with certain t y that there is no

pos sibility that the activity in question may have a significant effect on the environment. As a result, the project is not subject to any additional CEQA review and the District will prepare and file a Notice of Exemption in compliance with State Public Res ources Code § 21152(b).

## ATTACHMENT 2

NEGATIVE DECLARATION IN LIEU OF RULES

TO ADOPT CERTAIN FEDERAL EMISSION GUIDELINES

AND

NEGATIVE DECLARATION FINDINGS

September 20, 2010

Santa Barbara County Air Pollution Control District

260 Sa n Antonio Road, Suite A Santa Barbara, California 93110

(805) 961

- 8800Santa Barbara County APCD

- Negative Declaration 2

- 1 September 20, 20 10

in Lieu of Rules and Negative Declaration Findings ATTACHMENT 2

NEGATIVE DECLARATION IN LIEU OF RULES TO ADOPT CERTAIN FEDERAL

EMISSION GUIDELINES AND NEGATIVE DECLARATION FINDINGS ON:

TITLE 40 CODE OF FEDERAL REGULA TIONS , PART 60, SUBPARTS:

 Cb, Emissions Guidelines and Compliance Times (Guidelines) for Large Municipal Waste Combustors That Are Constructed on or Before September 20, 1994 [60.30b]

 Cd, Guidelines for Sulfuric Acid Production Units [60.30d]

 Ce, Guidel ines for Hospital/Medical/Infectious Waste Incinerators [60.30e]

 BBBB, Guidelines for Small Municipal Waste Combustion Units Constructed on or Before August 30, 1999 [60.1500]

 DDDD, Guidelines for Commercial and Industrial Solid Waste Incineration Units Constructed on or Before November 30, 1999 [60.2500]

 FFFF, Guidelines for Other Solid Waste Incineration Units Constructed After December 9, 2004 [60.2980]

 HHHH, Guidelines for Coal

- Fired Electric Steam Generating Units [60.4101]

Pursuant to California Health and Safety Code Section 40727, the Board makes a negative

declaration in lieu of rules to adopt federal emission guidelines (Guidelines) specified in Title 40 Code of Federal Regulations (CFR) , Part 60, Subparts Cb, Cd, Ce, BBBB, DDDD, FFFF, and

HHH H and makes the following findings on the negative declaration

.

Necessity

The Board determines that it is necessary to adopt the negative declaration in lieu of rules concerning the U.S.EPA Guidelines cited above (“negative declaration”) pursuant to Titl e 40 Code of Federal Regulations, Section 60.23

, before transmitting the negative declaration in lieu

of rules to the State Air Resources Board for consideration of inclusion into the State Plan. In addition, the Board has determined that there are no “de signated facilities ,” as defined in 40 CFR Part 60, section 60.21(b), located within the District that are subject to the U.S.EPA Guidelines cited above. Therefore, rulemaking for these source categories is unnecessary.

Provisions in 40 CFR Part 60, Subp art B, Adoption and Submittal of State Plans for Designated Facilities, section 60.23(b), indicate that if there are no sources subject to a Guideline in a state,

then the state will submit a letter of certification to that effect to the U.S.EPA within 9 m onths ofSanta Barbara County APCD

- Negative Declaration 2

- 2 September 20, 20 10

in Lieu of Rules and Negative Declaration Findings the publication of the final Guideline in the Federal Register. The District is unable to confirm that such a letter of certification was submitted to the U.S.EPA in a timely manner for each of the

Guidelines cited above . Hence, the District wil l submit the negative dec laration as an alternative

to letter s of certification to confirm that there are no designated facilities in Santa Barbara County subject to the Guidelines cited above

.

In a letter dated December 15, 1994, Daniel Meer of the U.S.E PA, clarified the agency’s policy regarding the negative declaration process. This letter indicates, in part, “. . . the negative declaration must go through the same public review requirements as any other SIP submittal

because

, while the negative declar ation itself is not specifically required by the CAA, it is replacing a required program element. Therefore, the negative declaration would be subject to the same administrative procedures as any other SIP submittal. ” Although th is U.S.EPA policy

is rela tive to State Implementation Plan (SIP) submittals, negative declaration s in lieu of rules for

the State Plan replace program elements (i.e., a local rule or a letter of certification) in a similar

manner and need to undergo the same public review process as any other State Plan submittal

undertakes.

Authority

The Board is authorized under state law to adopt, amend, or repeal rules and regulations pursuant to Health and Safety Code Section 40000, and 40725 through 40728 which assigns to local and regional authorities the primary responsibility for the control of air pollution from all sources other than exhaust emissions from motor vehicles. In addition, Health and Safety Code Section 40702 requires the District Board to adopt rules and regulations and to do such acts as necessary and proper to execute the powers and duties granted to it and imposed upon it by state law.

Section 111 of the Clean Air Act, 40 Code of Federal Regulations, Part 60, Subpart B ( adoption and submittal of State Plans for designat ed facilities), and the U.S. EPA policy require that the negative declaration in lieu of rules adoption follow the same process as an Air Pollution Control

District rule action.

Clarity

The Board finds that the resolution for the negative declaration in l ieu of rules is sufficiently clear. The proposed negative declaration in lieu of rules was publicly noticed. The resolution for the negative declaration in lieu of rules is written or displayed so that its meaning can be easily understood by persons dire ctly affected by it.

Consistency

The Board determines that proposed negative declaration in lieu of rules is consistent with, and not in conflict with or contradictory to, existing federal or state statutes, court decisions, or regulations.Santa Barbara County APCD

- Negative Declaration 2

- 3 September 20, 20 10

in Lieu of Rules and Negative Declaration Findings Nonduplicat ion

The Board finds that the proposed negative declaration in lieu of rules does not impose the same restrictions as any existing state or federal regulation, and the proposed negative declaration is necessary and proper to execute the powers and duties g ranted to, and imposed upon, the

District

.

Reference

The Board finds that we have authority under State law to adopt the negative declaration in lieu of rules pursuant to Health and Safety Code Section 39002 which assigns to local and regional

authoritie s the primary responsibility for the control of air pollution from all sources other than exhaust emissions from motor vehicles. Additionally, pursuant to the fe deral Clean Air Plan

Section 111 , 40 Code of Federal Regulations, Part 60, Subpart B ( adoption and submittal of State Plans for designated facilities), and the U.S.EPA policy, the Board is required to adopt rules, regulations, and negative declarations in lieu of rules, and to do such acts as are necessary and proper to execute the powers and dutie s granted to it and imposed upon it by State law.

Public Comment

Response to Comments

The Board has reviewed the responses to public comments included in Attachment 3 and hereby approves those responses to comments as findings.

## ATTAC HMENT 3

PUBLIC COMMENTS AND

RESPONSES TO PUBLIC COMMENTS

NEGATIVE DECLARATION IN LIEU OF RULES

TO ADOPT CERTAIN FEDERAL

EMISSION GUIDELINES FOR EXISTING SOURCES

September 20, 2010

Santa Barbara County Air Pollution Control District

260 San Ant onio Road, Suite A Santa Barbara, California 93110

(805) 961

- 8800Santa Barbara County APCD 3

- 1 September 20, 2010

Public Comments and Responses to Comments

– Negative Declaration in Lieu of Rules to Adopt Certain Federal Emissi on Guidelines ATTACHMENT 3

PUBLIC COMMENTS AND RESPONSES TO PUBLIC COMMENTS

Comment Submitted by

[COMMENT 1]

[ The District has not received any comments on this project

. ]

[RESPONSE TO COMMENT 1]

[ If received, the District will indicate a

response to “ Comment 1 ” here .]