RESOLUTION 06-24 A Resolutionof the South CoastAir 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 Resolutionof 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, FederalRegister 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 hasdeveloped guidance and a list of Control Technique

Guidelines

(CTG) andAlternative Control Techniques (ACT) to aid local air districts in developing

the RACT SIP Submittalin a consistent and effective manner; and WHEREAS, based on the Clean

Air Act (CAA) § 172 (c){ 1) and 182, and the California Healthand SafetyCode (H&SC) §§ 40460{a), 40913, and40440{a),

the SCAQMD is required

to adoptan Air Quality Management Plan (AQMP), rulesand regulations

containing

reasonably

availablecontrol measures (RACM) and RACT for both oxidesof nitrogen(NOx) andvolatile organic compounds

(VOC) in orderto lead the Basin into attainment with the federaland state ozone National Ambient Air Quality Standards

(NAAQS) as expeditiously as practicable;

and WHEREAS, for the majority of the stationary and areasource

categories, the SCAQMD hasbeenidentified as having the most stringentair 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 haveto considerif 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 implementthe 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 approvaldate,and for which no more stringentrule hassincebeenadopted, should be considered

as meeting RACT forthe 8-hourozone NAAQS. In addition, the District routinely reviews its rules at least every three

years for air quality management update, most recentlyin 2003, and proposes rule amendments

whenever

any infonnation comes

to its attentionthat indicates that a rule can be mademore stringent. The fact thatthese two review processes

have not revealed

any potential for makingthese rules more stringent indicates thatthe existing rules satify current RACT for the 8-hourozoneNAAQS; and WHEREAS, wherea 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 morestringent thanthe 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, wherethe 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 relaxationof control. There werea total of 12 rules in this category

andstaffs analysis

showed that the amendments

do not relax the level of control previously

approved by U.S. EP

A. WHEREAS, staffhas analyzed additional2 rulesthat have not yet been approved

by U.S. EP

A to justify that the regulations fulfilled RACT, and staff s analysis showed thatthese

rules met RACT. WHEREAS, substantiated by the analyses

above, staff concluded

that all CTG sources

aresubject

to rules in Regulations

IV, IX, X, XI, xm, and/orXX 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 meetRACT requirements; and WHEREAS, sincethere are currently no Regulation XI source-specific rules for agricultural

pesticide applications,

no RACT determination can be made. However, agriculturalpesticide application is regulated

by the StateDepartment of PesticideRegulation,

and is not underthe control of the SCAQMD; and WHEREAS, thereare approximately1,311major facilities ( ~10 tons per year ofVOC or NOx) in the Basin with approximately17,607 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 beendemonstrated to meet RACT, asdiscussed above;and WHEREAS, the SCAQMD GoverningBoard finds and detennines that the SCAQMD 8-Hour OzoneRACT SIP report and submittal is considered a "project" pursuant to the California EnvironmentalQuality Act (CEQA); however, South CoastAir Quality Management District staff reviewed

the proposed

project and detennined with certainty

thatthe 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 certifiesthat 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