Santa Barbara County APCD - Negative Declaration 2-1 September 20, 2010

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 REGULATIONS, 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, 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]

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 

HHHH 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 Title 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 “designated 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, Subpart 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 months of 
Santa Barbara County APCD - Negative Declaration 2-2 September 20, 2010

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 will submit the negative declaration as an alternative 

to letters 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.EPA, 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 declaration 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 this U.S.EPA policy 

is relative to State Implementation Plan (SIP) submittals, negative declarations 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 designated 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 lieu 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 directly 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, 2010

in Lieu of Rules and Negative Declaration Findings

Nonduplication

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 granted 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 

authorities the primary responsibility for the control of air pollution from all sources other than 

exhaust emissions from motor vehicles. Additionally, pursuant to the federal 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 duties 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.