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RESOLUTION 14-03 

A RESOLUTION OF THE GOVERNING BOARD OF THE MOJAVE DESERT AIR 

QUALITY MANAGEMENT DISTRICT MAKING FINDINGS, CERTIFYING THE NOTICE OF 

EXEMPTION, AMENDING RULE 464- OIL-WATER SPARA TORS AND DIRECTING STAFF 

ACTIONS. 

4 On June 23. 2014, on motion by Member COX, seconded by Member LOVINGOOD, and 

5 carried, the following resolution is adopted: 

6 WHEREAS, the Mojave Desert Air Quality Management District (MDAQMD) has authority 

7 pursuant to California Health and Safety Code (H&S Code) §§40702, 40725-40728 to adopt, amend or 

8 repeal rules and regulations; and 

9 WHEREAS, the MDAQMD is proposing to amend Rule 464 - Oil-Water Separators for 

I 0 inclusion in the current rule book; and 

11 WHEREAS, the Federal Clean Air Act (FCAA) requires areas designated non-attainment and 

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

13 sources subject to Control Technology Guidelines (CTG) documents issued by United States 

14 Environmental Protection Agency (USEP A) for "major sources" of volatile organic compounds (VOCs) 

15 and oxides of nitrogen (NOx) which are ozone precursors; and 

16 WHEREAS, the District adopted the 8-Hour Reasonably Available Control Technology - State 

17 Implementation Plan Analysis (RACT SIP Analysis) in August, 2006 and a supplement to the RACT SIP 

18 Analysis in 2014 which committed to amending current RACT for oil-water separators; and 

19 WHEREAS, the MDAQMD has an oil-water separator rule which was approved as RACT into 

20 the SIP in 1995 (60 FR 49772, 09/27/1995); and 

21 WHEREAS, this rule is subject to the CTG titled Control of Refinery Vacuum Producing 

22 Systems, Wastewater Separators and Process Unit Turnarounds (EPA-45012-77-025 October, 1977); and 

23 WHEREAS, while this CTG specifically states applicability to petroleum refinery sources, the 

24 current rule does not specify the refinery industry, but applies instead to similar equipment; and 

25 WHEREAS, although the refinery industry is nonexistent in the MDAQMD, Rule 464 has been 

26 incorporated in the SIP with additional applicability to the type of oil-water separators that exist in the 

27 District; and 

28 // 

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RESOLUTION 14-03 

WHEREAS, the MDAQMD is now proposing to update Rule 464 - Oil-Water Separators to 

2 reflect current RACT; and 

3 WHEREAS, the proposed amendments to Rule 464 address the RACT SIP Analysis 

4 commitments; and 

5 WHEREAS, the proposed amendments update rule applicability, definitions, floating cover seal 

6 tolerances, control device efficiency, fugitive vapor leak violation limits, storage of skimmed oil and tar, 

7 recordkeeping, and test methods; and 

8 WHEREAS, the amendments are primarily based on San Joaquin Valley Unified Air Pollution 

9 Control District (SJVUAPCD) Rule 4625 - Wastewater Separators as amended December 15, 2011 and 

10 South Coast Air Quality Management District (SCAQMD) Rule 1176 - VOC Emissions from Wastewater 

11 Systems as amended September 13, 1996; and 

12 WHEREAS, SJVUAPCD Rule 4625 was approved into the SIP as RACT at 77 FR 64427, 

13 October 22, 2012; and 

14 WHEREAS, the proposed amendments to the rule are necessary to satisfy 42 U.S.C. §§7511a 

IS (FCAA §182) which requires that ozone non-attainment areas implement RACT for sources that are 

16 subject to CTGs and for major sources of ozone precursors; and 

17 WHEREAS, the MDAQMD has the authority pursuant to H&S Code §40702 to amend rules and 

18 regulations; and 

19 WHEREAS, the proposed amendments are clear in that the changes are written and can be easily 

20 understood by the persons impacted by the rule; and 

21 WHEREAS, the proposed amendments are m harmony with, and not in conflict with, or 

22 contradictory to existing statutes, court decisions, or state or federal regulations; and 

23 WHEREAS, the proposed amendments do not impose the same requirements as any existing 

24 State or federal regulation because the District is amending this rule in response to federal VOC RACT 

25 requirements; and 

26 WHEREAS, the proposed amendments are needed to satisfy 42 U.S.C. §§751 1a (FCAA §182) 

27 which requires that ozone non-attainment areas implement RACT for sources that are subject to CTGs 

28 and for major sources of ozone precursors; and 

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RESOLUTION 14-03 

WHEREAS, a public hearing has been properly noticed and conducted, pursuant to H&S Code 

2 §40725, concerning the proposed amendments to Rule 464; and 

3 WHEREAS, a Notice of Exemption, a Categorical Exemption (Class 8, 14 CCR §15308) for the 

4 proposed amendments to Rule 464, completed in compliance with the California Environmental Quality 

5 Act (CEQA), has been presented to the MDAQMD Board; each member having reviewed, considered and 

6 approved the information contained therein prior to acting on the proposed amendments to Rule 464, and 

7 the MDAQMD Board having determined that the proposed amendments will not have any potential for 

8 resulting in any adverse impact upon the environment; and 

9 WHEREAS, the Board has considered the evidence presented at the public hearing; and 

10 NOW, THEREFORE, BE IT RESOLVED, that the Governing Board of the MDAQMD fmds 

II that the proposed amendments to Rule 464 - Oil-Water Separators are necessary, authorized, clear, 

12 consistent, non-duplicative and properly referenced; and 

13 BE IT FURTHER RESOLVED, that the Governing Board of the MDAQMD hereby makes a 

14 finding that the Class 8 Categorical Exemption ( 14 CCR § 15308) applies and certifies the Notice of 

15 Exemption for the proposed amendments to Rule 464; and 

16 BE IT FURTHER RESOLVED, that the Board of the MDAQMD does hereby adopt, pursuant 

17 to the authority granted by law, the proposed amendments to Rule 464, as set forth in the attachments to 

18 this resolution and incorporated herein by this reference; and 

19 BE IT FURTHER RESOLVED, that this resolution shall take effect immediately upon adoption, 

20 that the Clerk of the Board is directed to file the Notice of Exemption in compliance with the provisions 

21 ofCEQA. 

22 PASSED, APPROVED AND ADOPTED by the Governing Board of the Mojave Desert Air Quality 

23 Management District by the following vote: 

24 

AYES: 

25 

26 NOES: 

27 ABSENT: 

28 ABSTAIN: 

9 

4 

MEMBER: RIORDAN, LOVINGOOD, CUSACK, GRACEY, BENOIT, 

COX, DECONCINCK, LEONE, SCHMIDT 

MEMBER: 

MEMBER: RAMOS, CAMARGO, MINTZ, CAMPBELL 

MEMBER: 

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) STATE OF CALIFORNIA ) 

COUNTY OF SAN BERNARDINO~ ) 

RESOLUTION 14-03 

SS: 

I, Michele Baird, Clerk of the Governing Board of the Mojave Desert Air Quality Management District, hereby certify the foregoing to be a full, true and correct copy of the record of the action as the 

same appears in the Official Minutes of said Governing Board at its meeting of June 23,2014. 

erk o t e Governing Board, 

Mojave Desert Air Quality Management District. 

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