28 

SJVUAPCD 

1990 E. Gettysburg ~ve. 

Fresno, CA -93726 

(559) 230-6000 

SJVUAPCD Governing Board 

Proposed Amendment to the 2007 Ozone Plan to Extend the Rule Adoption Schedule for Organic Waste Operation, 

December 18, 2008 

BEFORE THE GOVERNING BOARD OF THE 

SAN JOAQUIN VALLEY UNIFIED 

AIR POLLUTION CONTROL DISTRICT 

I'N THE MATTER OF: RESOLUTION NO. 08-12-18 

PROPOSED AMENDMENT TO THE 2007 

OZONE PLAN TO EXTEND THE RULE 

ADOPTION SCHEDULE FOR ORGANIC 

WASTE OPERATIONS 

WHEREAS, the San Joaquin Valley Unified Air Pollution Control District (District) is a 

duly constituted unified air pollution control district, as provided in California Health and 

Safety Code Sections 401 50 et seq. and 40600 et seq.; and 

WHEREAS, pursuant to Section 107(d) of the Clean Air Act as amended in 1990, 

the United States Environmental Protection Agency (EPA) has designated the San 

Joaquin Valley Air Basin (SJVAB) as nonattainment for the federal 8-hour ozone 

ambient air quality standards as set in 1997; and 

WHEREAS, the District adopted the 2007 Ozone Plan on April 30, 2007; and 

WHEREAS, the California Air Resources Board (ARB) approved the 2007 Ozone Plar 

on June 14, 2007 and subrr~itted the plan to EPA for approval on November 16, 2007 

and 

WHEREAS, the 2007 Ozone Plan commits the District to develop and adopt all 

feasible control measures, including a new rule to control emissions from the 

:omposting of green waste; and 

WHEREAS, while developing Draft New Rule 4566 (Organic Waste Operations), 

District staff determined that scientific data that is critical to the evaluation of 

:omposting control techniques has not been generated and reported in technical 

iterature; and 

WHEREAS, the District staff has initiated the development of a field study to obtain 

:he data needed to proceed with the rulemaking project; and 

WHEREAS, such a study will take approximately one year, which would preclude the 

3ule from being adopted according to the schedule in the 2007 Ozone Plan; and 

- 1 - Proposed Amendment to the 2007 Ozone Plan 

to Extend the Rule Adoption Schedule 

for Organic Waste Operations 
28 

SJVUAPCD 

1990 E. Gettysburg Ave. 

Fresno, CA 93726 

(559) 230-6000 

SJVUAPCD Governing Board 

Proposed Amendment to the 2007 Ozone Plan to Extend the Rule Adoption Schedule for Organic Waste Operation 

December 18, 2008 

WHEREAS, District staff evaluated the impact of rescheduling the adoption of Drafl 

New Rule 4566 and found that it does not have an adverse impact on the 2007 Ozone 

Plan's Reasonable Further Progress (RFP) demonstration or the attainmenl 

demonstration; and 

WHEREAS, a public comment period on the Final Staff Report for the proposed 

amendment to the 2007 Ozone Plan to extend the rule adoption schedule for Drafl 

New Rule 4566 (Organic Waste Operations) was held from November 17, 2008 

through December I, 2008; and 

WHEREAS, a PI-~blic hearing to approve a proposed amendment to the 2007 Ozone 

Plan to extend the rule adoption date for Draft New Rule 4566 (Organic Waste 

Operations) from First Quarter of 2009 to Fourth Quarter of 2010 was duly noticed for 

December 18,2008. 

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 

1. The Governing Board finds that, because said proposed amendment to the 

2007 Ozone Plan to extend the rule adoption schedule for Draft New Rule 4566 is not 

a "project" under CEQA and will have no possible significant adverse effect on the 

environment, the proposed action is not subject to the environmental impact analysis 

requirements of CEQA. 

2. The Governing Board hereby finds, based on the evidence and information 

 resented at the hearing upon which its decision is based, that all notices required to 

De given by law have been duly given, and that the District Governing Board has 

allowed public testimony in accordance with law. 

3. The Executive DirectorIAir Pollution Control Officer is hereby directed to forward 

3 copy of this Resolution and the Proposed Amendment to the 2007 Ozone Plan to 

Extend the Rule Adoption Schedule for Draft New Rule 4566 (Organic Waste 

Dperations) to the California Air Resources Board (ARB). 

'I1 

71 

- 2 - Proposed Amendment to the 2007 Ozone Plan 

to Extend the Rule Adoption Schedule 

for Organic Waste Operations 
28 

SJVUAPCD 

1990 E. Gettysburg Ave. 

Fresno, CA 93726 

(559) 230-6000 

SJVUAPCD Governing Board 

Proposed Amendment to the 2007 Ozone Plan to Extend the Rule Adoption Schedule for Organic Waste Operations 

December 18, 2008 

I I 4. The Executive DirectorIAir Pollution Control Officer requests that the ARB 

11 Executive Officer transmit the Proposed Amendment to the 2007 Ozone Plan to 1 

1 1 Extend the Rule Adoption Schedule for Draft New Rule 4566 (Organic Waste 1 11 Operations), as approved by the District Governing Board, to the United States I' 11 Enviror~mental Protection Agency (EPA). I 

11 5. 

The Governing Board authorizes the Executive DirectorIAir Pollution Control 

11 Officer to include in the submittal or subsequent documentation any technical 1 

11 corrections, clarifications, or additions that may be needed to secure EPA approval, I 

11 provided such changes do not alter the substantive requirements of said extension of I 

I I rule adoption date. 

I I THE FOREGOING was passed by the following vote of the Governing Board of the 

11 San Joaquin Valley Unified Air Pollution Control District this 18th day of December I 

2008, to wit: 

AYES: Watson, Telles, Case, Nelson, 

Domhiici, Barba, O'Brien, Worthley, 

Vierra, Ornellas 

NOES: 

ATTEST: 

ABSENT: Forman, Perea 

- 3 - Proposed Amendment to the 2007 Ozone Plan 

to Extend the Rule Adoption Schedule 

for Organic Waste Operations