Santa Barbara County APCD 2-1 September 20, 2010

Rule Findings - Amended Rules 102, 202, and 321

ATTACHMENT 2

RULE FINDINGS FOR PROPOSED AMENDED RULES 102, 202, AND 321

Pursuant to California Health and Safety Code Section 40727, the Board makes the following 

findings for the adoption of proposed amendments to Rule 102, Definitions, Rule 202, 

Exemptions to Rule 201, and Rule 321, Solvent Cleaning Machines and Solvent Cleaning.

Necessity

The Board determines that it is necessary to adopt proposed amendments to Rules 102, 202, and 

321 to fulfill the commitment in the 2007 Clean Air Plan to implement proposed control measure

R-SL-2 for controlling reactive organic compounds from solvent cleaning machines and solvent 

cleaning.

Authority

The Board is authorized under state law to adopt, amend, or repeal rules and regulations pursuant 

to Health and Safety Code Section 40000, and 40725 through 40728 which assigns to local and 

regional authorities the primary responsibility for the control of air pollution from all sources 

other than exhaust emissions from motor vehicles. Additionally, pursuant to Health and Safety 

Code Section 40702, the District Board is required to adopt rules and regulations and to do such 

acts as are necessary and proper to execute the powers and duties granted to it and imposed upon 

it by State law. 

Clarity

The Board finds that the proposed amended Rules 102, 202, and 321 are sufficiently clear. The 

rules were publicly noticed, and reviewed by the Community Advisory Council. The rules are 

written or displayed so that persons directly affected by it can easily understand their meaning.

Consistency

The Board determines that the adoption of proposed amended Rules 102, 202, and 321 is 

consistent with, and not in conflict with or contradictory to, existing federal or state statutes, 

court decisions, or regulations with regard to control of reactive organic compounds from solvent 

cleaning machines and solvent cleaning.

The neighboring air pollution control districts include the Ventura County Air Pollution Control 

District, San Luis Obispo County Air Pollution Control District, and the San Joaquin Valley 

Unified Air Pollution Control District. Except for the San Luis Obispo County Air Pollution 

Control District, which does not control solvent cleaning, our neighboring air pollution control 

districts have adopted similar rule requirements to those proposed in amended Rules 102, 202, 
Santa Barbara County APCD 2-2 September 20, 2010

Rule Findings - Amended Rules 102, 202, and 321

and 321. Based on this evidence, the Board finds that the rule is consistent with neighboring air 

pollution control districts.

Nonduplication

The Board finds that the adoption of the proposed amendments to Rules 102, 202, and 321 do

not impose the same restrictions as any existing state or federal regulation, and the proposed 

rules are necessary and proper to execute the powers and duties granted to, and imposed upon, 

the District.

Reference

The Board finds that we have authority under state law to adopt proposed amended Rules 102, 

202, and 321pursuant to Health and Safety Code Section 39002, which assigns to local and 

regional authorities the primary responsibility for the control of air pollution from all sources 

other than exhaust emissions from motor vehicles. Additionally, pursuant to Health and Safety 

Code Section 40702, the Board is required to adopt rules and regulations and to do such acts as 

are necessary and proper to execute the powers and duties granted to it and imposed upon it by 

state law.

Public Comment

Response to Comments

The Board has reviewed the responses to public comments included in Attachment 3 and hereby 

approves those responses to comments as findings.