### 28 SJVUAPCD 1990 E. Gettysburg ~ve.

Fresno, CA -93726

(559) 230-6000 SJVUAPCD Governing Board ProposedAmendment 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 AMENDMENTTO 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 40150 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 adoptedthe 2007 

### Ozone Plan onApril 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 accordingto the schedule in the 2007 Ozone Plan; and

- 1 - ProposedAmendmentto the 2007 Ozone Plan to Extend the Rule Adoption Schedule for Organic Waste Operations28 SJVUAPCD 1990 E. GettysburgAve.

Fresno, CA 93726

(559) 230-6000 SJVUAPCD Governing Board Proposed Amendmentto 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 requirementsof 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 Operations28 SJVUAPCD 1990 E. Gettysburg Ave.

Fresno, CA 93726

(559) 230-6000 SJVUAPCD Governing Board Proposed Amendmentto the 2007 Ozone Plan to Extend the Rule Adoption Schedulefor Organic Waste Operations December 18, 2008 

# II4. The Executive DirectorIAir Pollution Control Officer requests that the ARB 

# 11Executive Officer transmit the Proposed Amendment to the 

### 2007 Ozone Plan to

# 1 11 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 ProtectionAgency (EPA). 

# I 115. The Governing Board authorizes the Executive DirectorIAir Pollution Control 

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

# 1 11corrections, clarifications, or additions that may be needed to secure EPA approval,

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

# I 

# II rule adoption date. 

# II THE FOREGOING was passed by the following vote of the Governing Board of the 

# 11San 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