Antelope Valley 

Air Quality Management District 

Final 

Staff Report 

Adoption of the 

Federal Negative Declarations for 

Three Source Categories 

Adopted on 

October 19, 2010 

43301 DIVISION ST., SUITE 206,

LANCASTER, CALIFORNIA 93535-4649 

PHONE (661) 723-8070 

FAX (661) 723-3450 
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STAFF REPORT 

TABLE OF CONTENTS

Federal Negative Declarations for Three CTG Source Categories 

I. PURPOSE OF STAFF REPORT ............................................................................................ 1 

II. EXECUTIVE SUMMARY..................................................................................................... 1 

III. STAFF RECOMMENDATION ............................................................................................. 2 

IV. LEGAL REQUIREMENTS CHECKLIST ............................................................................ 3 

V. DISCUSSION OF LEGAL REQUIREMENTS..................................................................... 4 

A. REQUIRED ELEMENTS/FINDINGS............................................................................... 4 

1. State Findings Required for Adoption of Rules & Regulations ..................................... 4 

a. Necessity..................................................................................................................... 4 

b. Authority..................................................................................................................... 4 

c. Clarity ......................................................................................................................... 5 

d. Consistency................................................................................................................. 5 

e. Non-duplication .......................................................................................................... 5 

f. Reference .................................................................................................................... 5 

g. Public Notice & Comment, Public Hearing................................................................ 5 

2. Federal Elements (SIP Submittals, Other Federal Submittals)....................................... 5

a. Satisfaction of Underlying Federal Requirements...................................................... 6 

b. Public Notice and Comment ....................................................................................... 6 

c. Availability of Document ........................................................................................... 6 

d. Notice to Specified Entities ........................................................................................ 6 

e. Public Hearing ............................................................................................................ 6 

f. Legal Authority to Adopt and Implement................................................................... 6 

g. Applicable State Laws and Regulations Were Followed............................................ 6 

B. WRITTEN ANALYSIS OF EXISTING REQUIREMENTS ............................................ 7 

C. ECONOMIC ANALYSIS .................................................................................................. 7 

1. General............................................................................................................................ 7 

2. Incremental Cost Effectiveness....................................................................................... 7 

D. ENVIRONMENTAL ANALYSIS (CEQA)....................................................................... 8 

E. SUPPLEMENTAL ENVIRONMENTAL ANALYSIS ..................................................... 8 

1. Potential Environmental Impacts.................................................................................... 8 

2. Mitigation of Impacts...................................................................................................... 8 

3. Alternative Methods of Compliance............................................................................... 8 

F. PUBLIC REVIEW.............................................................................................................. 8 

VI. TECHNICAL DISCUSSION ................................................................................................ 8 

E. SIP HISTORY .................................................................................................................... 9 

1. SIP History..................................................................................................................... 9 

2. SIP Analysis.................................................................................................................... 9 

Appendix A – Federal Negative Declarations ............................................................................ A-1 

Appendix B - Public Notice Documents..................................................................................... B-1 

Appendix C - Public Comments and Responses......................................................................... C-1 

Appendix D - California Environmental Quality Act Documentation ....................................... D-1 

Appendix E - Bibliography..........................................................................................................E-1 
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STAFF REPORT 

Federal Negative Declarations for Three CTG Source Categories 

I. PURPOSE OF STAFF REPORT 

A staff report serves several discrete purposes. Its primary purpose is to provide a summary and 

background material to the members of the Governing Board. This allows the members of the 

Governing Board to be fully informed before making any required decision. It also provides the 

documentation necessary for the Governing Board to make any findings, which are required by 

law to be made prior to the approval or adoption of a document. In addition, a staff report 

ensures that the correct procedures and proper documentation for approval or adoption of a 

document have been performed. Finally, the staff report provides evidence for defense against 

legal challenges regarding the propriety of the approval or adoption of the document. 

II. EXECUTIVE SUMMARY 

The Antelope Valley Air Quality Management District (AVAQMD) Governing Board is being 

requested to conduct a public hearing, make findings, and then adopt a resolution adopting the

Federal Negative Declarations for Three Source Categories and directing staff actions. These 

“Federal Negative Declarations” (FNDs) are different from the Negative Declarations associated 

with the California Environmental Quality Act (CEQA). Instead, these FNDs, once adopted by 

the Governing Board, will serve as official certification to the United States Environmental 

Protection Agency (USEPA) that there are no stationary sources or emitting facilities in these 

categories located within the AVAQMD.

Adoption of the FNDs will satisfy the specific federal requirement described below. Their 

adoption does not satisfy any other state or federal requirements imposed upon the District. 

There are no emission reductions associated with this action because it does not change any 

existing rules or regulations. 

The Federal Clean Air Act (FCAA) requires areas designated non-attainment and classified 

moderate and above to implement Reasonably Available Control Technology (RACT) for 

sources subject to Control Technique Guidelines (CTG) documents issued by the USEPA for 

“major sources” of volatile organic compounds (VOCs) and oxides of nitrogen (NOx) which are 

ozone precursors. For those source categories not represented within the AVAQMD, USEPA 

requires the submission of a “Negative Declaration” certifying that those sources are not present. 

These Federal “Negative Declarations” are revisions to the State Implementation Plan (SIP). 

The Federal Negative Declarations for 51 Source Categories was adopted by the AVAQMD on 

September 19, 2006. The Federal Negative Declarations for Three Source Categories must be 

adopted to account for three additional source categories at the request of USEPA not addressed 

in the previous action. These three source categories are: Control Techniques Guidelines for 

Shipbuilding and Ship Repair Operations (Surface Coating) (61 FR 44050, 8/27/96) (Also see 

“Alternative Control Technique Document: Surface Coating Operations at Shipbuilding and 

Ship Repair Facilities (EPA-453/R-94-032, 4/94)); Control of Volatile Organic Emissions from 

Storage of Petroleum Liquids in Fixed-Roof Tanks (EPA-450/2-77-036, 12/77); and Control of 
2 AVAQMD Fed. Neg. Dec. 

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Volatile Organic Emissions from Petroleum Liquid Storage in External Floating Roof Tanks

(EPA-450/2-78-047, 12/78). 

III. STAFF RECOMMENDATION 

Staff recommends that the Governing Board of the AVAQMD, after conducting a public 

hearing, adopt the Federal Negative Declarations for Three Source Categories. Such action is 

necessary to satisfy the federal requirements for submission of FNDs for each source category 

not represented within the District covered by a CTG or which meets the definition of a major 

source. 

The Governing Board of the Antelope Valley Air Quality Management District adopted the 

Federal Negative Declarations for Three Source Categories on October 19, 2010. 
AVAQMD Fed. Neg. Dec. 3 

Final Staff Report, 11/05/2010

IV. LEGAL REQUIREMENTS CHECKLIST 

The findings and analysis as indicated below are required for the procedurally correct adoption 

of the Federal Negative Declarations for Three Source Categories. Each item is discussed, if 

applicable, in Section V below. Copies of documents are included in the appropriate Appendix. 

FINDINGS REQUIRED FOR 

RULES & REGULATIONS:

 X Necessity 

 X Authority 

 X Clarity 

 X Consistency 

 X Non-duplication 

 X Reference 

 X Public Notice & Comment 

 X Public Hearing 

REQUIREMENTS FOR STATE 

IMPLEMENTATION PLAN 

SUBMISSION (SIP): 

 X Public Notice & Comment 

 X Availability of Document 

 X Notice to Specified Entities (State, Air 

Districts, USEPA, Other States) 

 X Public Hearing 

 X Legal Authority to adopt and implement the 

document. 

 X Applicable State laws and regulations were 

followed. 

ELEMENTS OF A FEDERAL 

SUBMISSION:

X Elements as set forth in applicable Federal 

law or regulations. 

CALIFORNIA ENVIRONMENTAL QUALITY 

ACT REQUIREMENTS (CEQA):

N/A Ministerial Action 

 X Exemption 

N/A Negative Declaration 

N/A Environmental Impact Report 

 X Appropriate findings, if necessary. 

 X Public Notice & Comment 

SUPPLEMENTAL ENVIRONMENTAL 

ANALYSIS (RULES & REGULATIONS ONLY):

 X Environmental impacts of compliance. 

N/A Mitigation of impacts. 

N/A Alternative methods of compliance. 

OTHER: 

 X Written analysis of existing air pollution 

control requirements 

 X Economic Analysis 

 X Public Review
4 AVAQMD Fed. Neg. Dec. 

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V. DISCUSSION OF LEGAL REQUIREMENTS 

A. REQUIRED ELEMENTS/FINDINGS 

This section discusses the State of California statutory requirements that apply to the 

adoption of the Federal Negative Declarations for Three Source Categories (specifically: 

Control Techniques Guidelines for Shipbuilding and Ship Repair Operations (Surface 

Coating) (61 FR 44050, 8/27/96) (Also see “Alternative Control Technique Document: 

Surface Coating Operations at Shipbuilding and Ship Repair Facilities (EPA-453/R-94-

032, 4/94)); Control of Volatile Organic Emissions from Storage of Petroleum Liquids in 

Fixed-Roof Tanks (EPA-450/2-77-036, 12/77); and Control of Volatile Organic 

Emissions from Petroleum Liquid Storage in External Floating Roof Tanks (EPA-450/2-

78-047, 12/78). Since this document is required to be adopted pursuant to public notice 

and other requirements under 42 USC 7410(a)(2), the District considers the rule adoption 

process pursuant to Health & Safety (H&S) Code §40702 to be a proper way to meet 

these requirements. Therefore, these are actions, that need to be performed, and/or 

information, that must be provided in order to adopt this document in a procedurally 

correct manner. 

1. State Findings Required for Adoption of Rules & Regulations 

Before adopting, amending, or repealing a rule or regulation, the District 

Governing Board is required to make findings of necessity, authority, clarity, 

consistency, non-duplication, and reference based upon relevant information 

presented at the hearing. The information below is provided to assist the Board in 

making these findings. 

a. Necessity 

The adoption of the Federal Negative Declarations for Three 

Source Categories is necessary because these source categories are 

not represented within the AVAQMD because the AVAQMD has 

been designated nonattainment for ozone and its precursors and 

USEPA requires the submission of a FND certifying that these 

sources are not present. The Federal Negative Declarations for 51 

Source Categories was adopted by the AVAQMD on September 

19, 2006. The Federal Negative Declarations for Three Source 

Categories is being adopted at the specific request of USEPA to 

cover three categories not addressed in the previous action. 

b. Authority 

AVAQMD has the authority pursuant to California H&S Code 

§40702, 40725-40728 to adopt, amend or repeal rules and 

regulations and to do such actions that are necessary or proper to 

execute the powers and duties granted to and imposed upon 

AVAQMD. 
AVAQMD Fed. Neg. Dec. 5 

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c. Clarity 

The adoption is clear in that it is written so that the FND certifying 

that these types of sources are not present within the District is 

easily understood. 

d. Consistency 

The adoption of the Federal Negative Declarations for Three 

Source Categories is in harmony with, and not in conflict with or 

contradictory to any state law or regulation, federal law or 

regulation, or court decisions. USEPA has specifically requested 

the adoption of a FND for these three source categories. 

e. Non-duplication 

The adoption of the Federal Negative Declarations for Three 

Source Categories does not impose the same requirements as an 

existing state or federal law or regulation because federal law 

requires the adoption and certification of “Negative Declarations” 

for those source categories not represented within the AVAQMD. 

f. Reference 

The District has the authority pursuant to H&S Code §40702 to 

adopt, amend or repeal rules and regulations and do such acts as 

necessary and proper to execute the powers and duties granted to and 

imposed upon the District. 

g. Public Notice & Comment, Public Hearing 

Notice for the public hearing for the proposed adoption of the 

Federal Negative Declarations for Three Source Categories was 

published September 13, 2010. See Appendix “B” for a copy of the 

public notice. See Appendix “C” for copies of comments, if any, and 

AVAQMD responses. 

2. Federal Elements (SIP Submittals, Other Federal Submittals) 

Submittals to USEPA are required to include various elements depending upon 

the type of document submitted and the underlying federal law, which requires 

the submittal. The information below indicates which elements are required for 

the adoption of the Federal Negative Declarations for Three Source Categories

and how they were satisfied. 
6 AVAQMD Fed. Neg. Dec. 

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a. Satisfaction of Underlying Federal Requirements 

The adoption of the Federal Negative Declarations for Three 

Source Categories is subject to all the requirements for a SIP 

submittal because the “Negative Declarations” will be included in 

the AVAQMD SIP. The criteria for determining completeness of 

SIP submissions are set forth in 40 CFR Part 51, Appendix V, 2.0. 

b. Public Notice and Comment 

Notice for the public hearing for the proposed adoption of the 

Federal Negative Declarations for Three Source Categories was 

published September 13, 2010. See Appendix “B” for a copy of the 

public notice. 

c. Availability of Document 

Copies of the proposed adoption of the Federal Negative 

Declarations for Three Source Categories and the accompanying 

draft staff report were made available to the public on or before 

September 15, 2010. 

d. Notice to Specified Entities 

Copies of the proposed adoption of the Federal Negative 

Declarations for Three Source Categories and the accompanying 

draft staff report were mailed to all affected agencies, including but 

not limited to the California Air Resources Board (CARB) and 

USEPA. The proposed amendments were sent to CARB and 

USEPA on or before September 8, 2010. 

e. Public Hearing 

A public hearing to consider the proposed adoption of the Federal 

Negative Declarations for Three Source Categories was held on 

October 19, 2010. 

f. Legal Authority to Adopt and Implement 

The AVAQMD has the authority pursuant to H&S Code §40702 to 

adopt, amend, or repeal rules and regulations and to do such acts as 

may be necessary or proper to execute the duties imposed upon the 

AVAQMD. 

g. Applicable State Laws and Regulations Were Followed 

Public notice and hearing procedures pursuant to H&S Code 

§§40725-40728 have been followed. See Section (V)(A)(1) above 
AVAQMD Fed. Neg. Dec. 7 

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for compliance with state findings required pursuant to H&S Code 

§40727. See Section (V)(B) below for compliance with the 

required analysis of existing requirements pursuant to H&S Code 

§40727.2. See Section (V)(C) for compliance with economic 

analysis requirements pursuant to H&S Code §40920.6. See 

Section (V)(D) below for compliance with provisions of the 

California Environmental Quality Act (CEQA). 

B. WRITTEN ANALYSIS OF EXISTING REQUIREMENTS 

H&S Code §40727.2 requires air districts to prepare a written analysis of all existing 

federal air pollution control requirements that apply to the same equipment or source type 

as the rule proposed for modification by the district. The adoption of the Federal 

Negative Declarations for Three Source Categories certifies FNDs for Control 

Techniques Guidelines for Shipbuilding and Ship Repair Operations (Surface Coating)

(61 FR 44050, 8/27/96) (Also see “Alternative Control Technique Document: Surface 

Coating Operations at Shipbuilding and Ship Repair Facilities (EPA-453/R-94-032, 

4/94)); Control of Volatile Organic Emissions from Storage of Petroleum Liquids in 

Fixed-Roof Tanks (EPA-450/2-77-036, 12/77); and Control of Volatile Organic 

Emissions from Petroleum Liquid Storage in External Floating Roof Tanks (EPA-450/2-

78-047, 12/78) and certifies that they are not represented within the AVAQMD. 

Although the Federal Negative Declarations for 51 Source Categories was adopted on 

September 19, 2006, the Federal Negative Declarations for Three Source Categories is 

being adopted at the request of USEPA to cover three categories not addressed in the 

previous action. 

C. ECONOMIC ANALYSIS 

1. General 

Adoption of the FNDs will identify three source categories listed above are not 

represented within the AVAQMD. The adoption will have no economic impact. 

2. Incremental Cost Effectiveness 

Pursuant to H&S Code §40920.6, incremental cost effectiveness calculations are 

required for rules and regulations which are adopted or amended to meet the 

California Clean Air Act requirements for Best Available Retrofit Control 

Technology (BARCT) or “all feasible measures” to control volatile compounds, 

oxides of nitrogen or oxides of sulfur. The adoption of the Federal Negative 

Declarations for Three Source Categories is not subject to incremental cost 

effectiveness calculations because this action does not impose BARCT or “all 

feasible measures”.
8 AVAQMD Fed. Neg. Dec. 

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D. ENVIRONMENTAL ANALYSIS (CEQA) 

Through the process described below, it was determined that a Notice of Exemption 

would be the appropriate CEQA process for the adoption of the Federal Negative 

Declarations for Three Source Categories. 

1. The adoption of the Federal Negative Declarations for Three Source 

Categories meets the CEQA definition of "project." They are not "ministerial" 

actions. 

2. The adoption of the Federal Negative Declarations for Three Source 

Categories is exempt from CEQA review because it will not create any adverse 

impacts on the environment. Because there is no potential that the adoption might 

cause the release of additional air contaminants or create any adverse 

environmental impacts since the FND merely certifies that there are no sources 

within these particular source categories located in the District, a Class 8 

categorical exemption (14 Cal. Code Reg. §15308) applies. 

E. SUPPLEMENTAL ENVIRONMENTAL ANALYSIS 

1. Potential Environmental Impacts 

There are no potential negative environmental impacts of compliance with the 

adoption of the FNDs because the FND merely certifies that the particular source 

categories are not located within the District. 

2. Mitigation of Impacts 

N/A 

3. Alternative Methods of Compliance 

N/A 

F. PUBLIC REVIEW 

See Staff Report Section (V)(A)(1)(g) and (2)(b), as well as Appendix “B” 

VI. TECHNICAL DISCUSSION 

USEPA required that all non-attainment areas submit an updated RACT SIP Analysis. 

The purpose of the RACT SIP Analysis is to ensure that District Rules adequately 

address current RACT requirements. AVAQMD review identified many source 

categories that do not have corresponding sources (major or minor) within the jurisdiction 

of the AVAQMD. The Federal Negative Declarations for 51 Source Categories was 

adopted on September 19, 2006 for these source categories. The Federal Negative 

Declarations for Three Source Categories in Table 1 is being adopted at the request of 

USEPA as they were not included in the previous adoption. 
AVAQMD Fed. Neg. Dec. 9 

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Table 1 

Source Category CTG/Guidance Document Covering action

Ship Repair Operations

Control Techniques Guidelines for Shipbuilding and 

Ship Repair Operations (Surface Coating) (61 FR 

44050, 8/27/96) (Also see “Alternative Control 

Technique Document: Surface Coating Operations at 

Shipbuilding and Ship Repair Facilities (EPA-453/R94-032, 4/94))

Storage of Petroleum Liquids in FixedRoof Tanks

Control of Volatile Organic Emissions from Storage 

of Petroleum Liquids in Fixed-Roof Tanks (EPA450/2-77-036, 12/77)

Petroleum Liquid Storage in External 

Floating Roof Tanks

Control of Volatile Organic Emissions from 

Petroleum Liquid Storage in External Floating Roof 

Tanks (EPA-450/2-78-047, 12/78)

FEDERAL NEGATIVE DECLARATIONS FOR THREE SOURCE CATEGORIES

E. SIP HISTORY 

1. SIP History 

The AVAPCD came into existence pursuant to statute on July 1, 1997 (Health & 

Safety Code §40106, A.B. 266-Knight Ch.542, statutes of 1996). The rules and 

regulations of the SCAQMD remain in effect within the AVAPCD until the 

AVAPCD Governing Board adopted, amended or rescinded new ones (Health & 

Safety Code §40106(e)). Since the SIP applies to the territory for which it was 

approved at the time it was approved, the AVAPCD also inherited the SCAQMD 

SIP applicable to the Los Angeles County portion of the South East Air Basin 

(now called the Mojave Desert Air Basin) prior to July 1, 1997. On January 1, 

2002, the AVAQMD was created pursuant to statute (H&S Code §41300 et seq.) 

to replace the AVAPCD. Once again the SIP in effect at the time of the change 

remained in effect until the AVAQMD Governing Board superceded, amended or 

rescinded it. 

2. SIP Analysis 

The Federal Negative Declarations for 51 Source Categories was adopted on 

September 19, 2006 for 51 CTG source categories. The Federal Negative 

Declarations for Three Source Categories, specifically the source categories: 

Control Techniques Guidelines for Shipbuilding and Ship Repair Operations 

(Surface Coating) (61 FR 44050, 8/27/96) (Also see “Alternative Control 

Technique Document: Surface Coating Operations at Shipbuilding and Ship 

Repair Facilities (EPA-453/R-94-032, 4/94)); Control of Volatile Organic 

Emissions from Storage of Petroleum Liquids in Fixed-Roof Tanks (EPA-450/2-

77-036, 12/77); and Control of Volatile Organic Emissions from Petroleum 

Liquid Storage in External Floating Roof Tanks (EPA-450/2-78-047, 12/78), are 
10 AVAQMD Fed. Neg. Dec. 

Final Staff Report, 11/05/2010

being adopted at the request of USEPA because they were not included in the 

previous action. 

The AVAQMD has determined that no sources in the three source categories 

listed in Table 1 exist within its jurisdiction. 
AVAQMD Fed. Neg. Dec. A-1 

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Appendix “A”

Federal Negative Declarations for Three Source Categories 

1. Federal Negative Declaration (8-hr Ozone Standard) for Three Source Categories 
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Appendix “B” 

Public Notice Documents 

1. Proof of Publication – Antelope Valley Press, 09/13/2010 
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Appendix “C” 

Public Comments and Responses 

1. USEPA email, March 12, 2010 

2. USEPA email, September 10, 2010 
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1 

USEPA email 1 
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District Response to USEPA email 1 

1. Control Techniques Guidelines for Shipbuilding and Ship Repair Operations (Surface 

Coating) (61 FR 44050, 8/27/96) (Also see “Alternative Control Technique Document: 

Surface Coating Operations at Shipbuilding and Ship Repair Facilities (EPA-453/R-94-

032, 4/94)); Control of Volatile Organic Emissions from Storage of Petroleum Liquids in 

Fixed-Roof Tanks (EPA-450/2-77-036, 12/77); and Control of Volatile Organic 

Emissions from Petroleum Liquid Storage in External Floating Roof Tanks (EPA-450/2-

78-047, 12/78) are included in the Federal Negative Declarations for Three Source 

Categories proposed for adoption. 
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USEPA email 2 
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District Response to USEPA email 2 

No response required. 
AVAQMD Fed. Neg. Dec. D-1 

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Appendix “D” 

California Environmental Quality Act 

Documentation 

1. Notice of Exemption – Los Angeles County, posted 10/26/2010 
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Appendix “E” 

Bibliography

The following documents were consulted in the preparation of this staff report. 

1. Environmental Protection Agency – Final Rule to Implement the 8-Hour Ozone 

NAAQS (70 FR 71617, November 29, 2005) 

2. EPA – various CTGs, ACTs, and other documents 

3. California Health and Safety Code – various sections 
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