Page 1 of 2 Resolution 20 12

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### RESOLUTION 20 12

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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 th e public hearing on the adoption of District Rule 221

- Pre vention 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 hearing s 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 prep ared 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 th is 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 adopti on 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 set s forth the proper references to the legal authority that all ows and requires the District to adopt the Rule 221 ; andWHEREAS, 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, C h a 'froa n

Page 2 of 2 Resolution 2012

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