Santa Barbara County APCD 2

- 1 September 20, 2010

Rule Findings

- Amended Rule s 102, 202, and 321 ATTACHMENT 2

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

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

fi ndings for the adoption of p roposed 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 p roposed amendments to R ule s 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 und er 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 sou rces 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 Rule s 102, 202, and 321 are sufficiently clear. The

rule s were publicly noticed, and reviewed by the Communi ty Advisory Council. The rule s are

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

Consistency

The Board determines that the adoption of proposed amended Rule s 102, 202, and 321 is consistent with, and not in conflict with or contradictory t o, 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 cle aning, 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 Rule s 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

rule s 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 321 pursuant to Health and Safety Code Section 39002

, which assigns to local a nd 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 Attac hment 3 and hereby approves those responses to comments as findings.