RESOLUTION 06-24

A Resolution of the South Coast Air Quality Management District

(SCQAMD) Board certifying that the SCAQMD's current air pollution rules and

regulations fulfill the 8-hour ozone Reasonably Available Control Technology

(RACT) requirements, and adopting the RACT SIP revision.

A Resolution of the SCAQMD Board certifying the Notice of Exemption

for the SCAQMD 8-Hour Ozone RACT SIP revision and submittal.

A Resolution directing staff to forward the Staff Report -SCAQMD 8-

Hour Ozone Reasonably Available Control Technology (RACT) State Implementation

Plan (SIP) to the California Air Resources Board (CARR) for review and

submission to the United States Environmental Protection Agency (U.S. EP A).

WHEREAS, Federal Register Volume 70, Citation 71612, November 29,

2005, requires the State (or essentially local air districts) to submit a RACT SIP analysis

to U.S. EPA by September 15,2006: and

WHEREAS, the U.S. EPA has developed guidance and a list of Control

Technique Guidelines (CTG) and Alternative Control Techniques (ACT) to aid local air

districts in developing the RACT SIP Submittal in a consistent and effective manner;

and

WHEREAS, based on the Clean Air Act (CAA) § 172 (c){ 1) and 182, and

the California Health and Safety Code (H&SC) §§ 40460{a), 40913, and 40440{a), the

SCAQMD is required to adopt an Air Quality Management Plan (AQMP), rules and

regulations containing reasonably available control measures (RACM) and RACT for

both oxides of nitrogen (NOx) and volatile organic compounds (VOC) in order to lead

the Basin into attainment with the federal and state ozone National Ambient Air Quality

Standards (NAAQS) as expeditiously as practicable; and

WHEREAS, for the majority of the stationary and area source categories,

the SCAQMD has been identified as having the most stringent air quality plan, rules

and regulations in California; and

WHEREAS, in order to approve a rule and regulation into the SIP,

CARB and U.S. EP A have to consider if the rule and regulation meets, at a minimum,

the "presumptive" RACT level. Because of that, any rules and regulations approved by

CARB and u.S. EPA to implement the I-hour ozone SIP should be considered as

meeting RACT at the time of approval. Therefore, any categories for which U.S. EPA

has not published any additional CTG/ A TC after the approval date, and for which no

more stringent rule has since been adopted, should be considered as meeting RACT for
the 8-hour ozone NAAQS. In addition, the District routinely reviews its rules at least

every three years for air quality management update, most recently in 2003, and

proposes rule amendments whenever any infonnation comes to its attention that

indicates that a rule can be made more stringent. The fact that these two review

processes have not revealed any potential for making these rules more stringent

indicates that the existing rules satify current RACT for the 8-hour ozone NAAQS; and

WHEREAS, where a CTG/ACT became available after the U.S. EPA

rule approval date, SCAQMD staff evaluated the rule and detennined if the level of

control provided in the new CTG/ ACT was more stringent than the adopted rule. There

were a total of 7 rules in this category, and staff's analysis showed that all 7 rules met

RACT; and

WHEREAS, where the regulation approved by U.S. EPA is amended

after the approval date, SCAQMD staff evaluated the amendments to ensure that the

amendment does not result in a relaxation of control. There were a total of 12 rules in

this category and staffs analysis showed that the amendments do not relax the level of

control previously approved by U.S. EP A.

WHEREAS, staffhas analyzed additional 2 rules that have not yet been

approved by U.S. EP A to justify that the regulations fulfilled RACT, and staff s analysis

showed that these rules met RACT.

WHEREAS, substantiated by the analyses above, staff concluded that all

CTG sources are subject to rules in Regulations IV, IX, X, XI, xm, and/or XX which meet RACT requirements; and .

WHEREAS, substantiated by the analyses above, staff concluded that all

major non-CfG sources in the Basin are subject to rules in Regulations IV, XI, XIII,

and/or XX that meet RACT requirements; and

WHEREAS, since there are currently no Regulation XI source-specific

rules for agricultural pesticide applications, no RACT determination can be made.

However, agricultural pesticide application is regulated by the State Department of

Pesticide Regulation, and is not under the control of the SCAQMD; and

WHEREAS, there are approximately 1,311 major facilities ( ~1 0 tons per

year ofVOC or NOx) in the Basin with approximately 17,607 pennits. Approximately

750 of these major source facilities are Title V facilities which have federal enforceable

pennits with clearly identified SIP-approved rules, all of which have been demonstrated

to meet RACT, as discussed above; and

WHEREAS, the SCAQMD Governing Board finds and detennines that

the SCAQMD 8-Hour Ozone RACT SIP report and submittal is considered a "project"

pursuant to the California Environmental Quality Act (CEQA); however, South Coast
Air Quality Management District staff reviewed the proposed project and detennined

with certainty that the proposed project is exempt from the requirements of CEQA

pursuant to CEQA Guidelines §15061(b)(3); and

WHEREAS, the Board has held a public hearing in accordance with all

provisions of law;

NOW, THEREFORE, BE IT RESOLVED, that the Board certifies that

the AQMD's current air pollution rules and regulations fulfill the 8-hour ozone

Reasonably Available Control Technology (RACT) requirements.

BE IT FURTHER RESOLVED, that the South Coast Air Quality

Management District Board does hereby certify the Notice of Exemption for the

proposed project, is completed in compliance with CEQA Guidelines §15002(k)(I)-

Three Step Process and § 15061 (b )(3) - Review for Exemption (General Rule

Exemption). This infornlation was presented to the Governing Board, whose members

reviewed, considered, and approved the infornlation therein prior to acting on the

proposed project.

BE IT FURTHER RESOLVED, that the Board directs staff to folWard

the report, SCAQMD 8-Hour Ozone Reasonably Available Control Technology (RACT)

State Implementation Plan (SIP) to CARB for review and submission to U.S. BPA.

AYES: Burke, Carney, Pulido, Reyes Uranga, Verdugo-Peralta, Wilson, and

Yates.

NOES: None.

ABSENT: Antonovich, Loveridge, Ovitt, Perry, and Silva.

~~,...L " }1J ( DATE : -1/!-~.!?- ~#L ,',-

'-8atlndra McDaniel, Clerk of the Board