2 3 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 I0 inclusion in the current rulebook; 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 (USEPA) for "major sources" ofvolatile organic compounds (VOCs) 15 and oxides ofnitrogen (NOx) which are ozone precursors; and 16 WHEREAS, the District adopted the 8-Hour ReasonablyAvailable Control Technology

- State 17 Implementation PlanAnalysis (RACTSIPAnalysis) in August, 2006 and a supplement to the RACTSIP 18 Analysis in 2014 which committedto 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 FR49772, 09/27/1995); and 21 WHEREAS, this rule is subject to the CTG titled Control ofRefinery Vacuum Producing 22 Systems, Wastewater Separators andProcess 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 similarequipment; 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 ofoil-water separators that exist in the 27 District; and 28 //

Page 1of4RESOLUTION 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 ofskimmed 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 subjecttoCTGs and for major sources ofozone 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 bythe 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 orfederal regulations; and 23 WHEREAS, t he 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 ofozone precursors; and

Page 2 of4RESOLUTION 14

-03 WHEREAS, a public hearing has been properly noticed and conducted, pursuant to H&S Code 2 §40725, concerning theproposed amendmentstoRule 464; and 3 WHEREAS, a Notice ofExemption, 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 beenpresented totheMDAQMD Board; each memberhaving 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 inany adverse impact upon the environment; and 9 WHEREAS, the Board has considered the evidencepresented atthe public hearing; and 10 NOW, THEREFORE, BE IT RESOLVED, that the Governing Board ofthe MDAQMD fmds II that the proposed amendments to Rule 464

- Oil-Water Separators are necessary, authorized, clear, 12 consistent,non-duplicative and properlyreferenced; and 13 BE IT FURTHER RESOLVED, that the Governing Board ofthe MDAQMD hereby makes a 14 finding that the Class 8 Categorical Exemption (14 CCR §15308) applies and certifies the Notice of 15 Exemption for theproposed amendmentsto Rule464; and 16 BE IT FURTHER RESOLVED, that the Board ofthe 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 hereinby this reference; and 19 BEITFURTHERRESOLVED, that thisresolution shall take effect immediatelyupon adoption, 20 that the Clerk ofthe Board is directed to file the Notice ofExemption in compliance with the provisions 21 ofCEQA. 22 PASSED, APPROVED AND ADOPTED by the Governing Board ofthe Mojave Desert Air Quality 23 Management District by the following vote: 24 AYES: 25 26 NOES: 27 ABSENT: 28 ABSTAIN: 

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4 MEMBER: RIORDAN, LOVINGOOD, CUSACK, GRACEY, BENOIT, COX, DECONCINCK,LEONE, SCHMIDT MEMBER: MEMBER: RAMOS, CAMARGO,MINTZ, CAMPBELL MEMBER:

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### 28 ) STATE OF CALIFORNIA ) COUNTY OF SAN



# BERNARDINO~ ) RESOLUTION 14-03

SS:

I, Michele Baird, Clerk ofthe Governing Board oftheMojave Desert AirQuality Management District, hereby certify the foregoing to be a full, true and correct copy oftherecord ofthe action as the same appears in the Official Minutes ofsaid Governing Board at itsmeeting ofJune 23,2014.
erko t e Governing Board, Mojave Desert Air Quality ManagementDistrict.

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