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Resolution 2012-01

RESOLUTION 2012-01

A RESOLUTION OF THE GOVERNING BOARD OF THE GREAT BASIN

UNIFIED AIR POLLUTION CONTROL DISTRICT MAKING

FINDINGS OF FACTS AND CONCLUSIONS OF LAW,

AND ADOPTING DISTRICT RULE 221

WHEREAS, the Governing Board of the Great Basin Unified Air Pollution Control 

District is authorized by California Health & Safety Code 40001 to adopt and enforce 

rules and regulations to achieve and maintain attainment of the State and federal air 

quality standards; and 

WHEREAS, notice to the public and to the State Air Resources Board was duly 

and timely given of the public hearing on the adoption of District Rule 221 - Prevention 

of Significant Deterioration (PSD) (California Health & Safety Code §40725); and 

WHEREAS, the Governing Board of the Great Basin Unified Air Pollution Control 

District has conducted two public hearings on the adoption of Rule 221 and has 

provided for and invited the submission of statements, arguments, or contentions, both 

written and oral, in accordance with Health & Safety Code §40726; and

WHEREAS, adoption of Rule 221 will give the District the authority to implement

the Prevention of Significant Deterioration regulations that are currently implemented by 

the U.S. Environmental Protection Agency and will incorporate 40 CFR Part 52.21 

(Prevention of Significant Deterioration of Air Quality) by reference; and there will be no 

changes to the monitoring, reporting, emission thresholds or control requirements for 

facilities subject to PSD regulations; and

WHEREAS, the District prepared and made available for review a written 

analysis of Rule 221 as required by Health & Safety Code §40727.2; and 

WHEREAS, this rule will be effective upon adoption; and

WHEREAS, adoption of Rule 221 is necessary, as demonstrated by the record of 

this proceeding and does not duplicate existing laws; and 

WHEREAS, the adoption of Rule 221 is consistent with and not in conflict with or 

contradictory to, any existing statutes, court decisions, or State or federal regulations; 

and

WHEREAS, the adoption of Rule 221 is written so that persons directly affected 

by it can easily understand its meaning; and

WHEREAS, the adoption of Rule 221 and this resolution adequately and 

comprehensively sets forth the proper references to the legal authority that allows 

and requires the District to adopt the Rule 221; and
WHEREAS, a proposed Notice of Exemption meeting the requirements of the 

California Environmental Quality Act was properly noticed and circulated, indicating the 

proposed rule changes are exempt by statute from the requirements of CEQA; and 

WHEREAS, the District has a total population of less than 500,000 persons, and 

for that reason, this rule adoption is exempt from the requirements of Health & Safety 

Code §40728.5 requiring the preparation of an assessment of the socioeconomic 

impacts of the rule; 

NOW, THEREFORE BE IT RESOLVED, that the Governing Board of the Great 

Basin Unified Air Pollution Control District hereby finds and determines to be true on the 

basis of substantial evidence each statement of fact, and hereby adopts on the basis of 

the record of this proceeding each conclusion of law, set forth in the recitals to this 

resolution; and 

BE IT FURTHER RESOLVED, that on the basis of the foregoing, the Governing 

Board of the Great Basin Unified Air Pollution Control District Board hereby authorizes 

and directs the Air Pollution Control Officer to execute on behalf of the District a Notice 

of Exemption for this rule, and to file or record the notice reflecting that action as 

provided by applicable law; and 

BE IT FURTHER RESOLVED, that on the basis of the foregoing, the Governing 

Board of the Great Basin Unified Air Pollution Control District Board hereby adopts Rule 

221 and promulgates same, in the form attached hereto; and 

BE IT FURTHER RESOLVED, that the District shall prepare and maintain a 

record of this rule adoption in accordance with Health & Safety Code §40728. 

DONE by the Governing Board of the Great Basin Unified Air Pollution Control District 

this sth day of september , 2012, by the following vote: 

AYES: Board Members - Johnston, Eastman, Hansen, 

Sweeney, Veatch, Arcularius 

NOES: 

0 

ABSTAIN: 

ABSENT: 

ATTEST: 

0 

Board Member - Cervante ~~ 1 s > 

~v--c _:{_'---=-._t.l.oo::.,-<s------.,. 

Larry Johnston, Cha'froan 

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Resolution 2012-01