SJVUAPCD 

1990 E. Gettysburg Ave. 

Fresno, CA 93726 

1559) 230-6000 

SJVUA PCD Governing Board 

ADOPT PROPOSED AMENDMENTS TO RULE 4306 (BOILERS, STEAM GENERATORS, AND 

PROCESS HEATERS - PHASE 3) AND RULE 4307 (BOILERS, STEAM GENERATORS, AND 

PROCESS HEATERS - 2.0 MMBTU/HR TO 5.0 MMBTU/HR), AND PROPOSED NEW RULE 4320 

(ADVANCED EMISSION REDUCTION OPTIONS FOR BOILERS, STEAM GENERATORS, AND 

PROCESS HEATERS GREATER THAN 5.0 MMBTU/HR) 

October 16, 2008 

BEFORE THE GOVERNING BOARD OF 'THE 

SAN JOAQUIN VALLEY UNIFIED 

AIR POLLUTION CONTROL DISTRICT 

IN THE MATTER OF: PROPOSED ) RESOLUTION NO. 08-10-16 

AMENDMENTS TO RULE 4306 (BOILERS. ) 

STEAM GENERATORS, AND PROCESS * ) 

HEATERS - PHASE 3) AND RULE 4307 ) (BOILERS, STEAM GENERATORS, AND ) PROCESS HEATERS - 2.0 MMB'TUIHR TO ) 5.0 MMBTUIHR) AND PROPOSED NEW ) RULE 4320 (ADVANCED EMISSION 

REDUC'TION OPTIONS FOR BOILERS, 

1 

) STEAM GENERATORS, AND PROCESS ) 

HEATERS GREATER THAN 5.0 MMBTUIHR)) 

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, said district is authorized by California Health and Safety Code Section 

40702 to make and enforce all necessary and proper orders, rules, and regulations to 

accomplish the purpose of Division 26 of the California Health and Safety Code; and 

WHEREAS, pursuant to Section 107 of the federal Clean Air Act, the San Joaquin 

Valley Air Basin has been classified as a nonattainment area for the national healthbased air quality standards for ozone and particulate matter with aerodynamic 

diameter of 2.5 micrometers or less (PM2.5); and 

WHEREAS, pursuant to Section 39608 of the California Health and Safety Code, the 

San Joaquin Valley Air Basin has been classified as a nonattainment area for the state 

health-based air quality standards for ozone and PM2.5; and 

WHEREAS, the California Clean Air Act as codified in Section 40910 et seq. of the 

California Health and Safety Code requires the District's ozone attainment plan to be 

designed to reduce ozone precursor emissions by at least five percent per year or to 

include every feasible emission cor~trol measure; and 

Resolution for Proposed Amendments to 

-1- Rule 4306 and Rule 4307 and 

Proposed New Rule 4320 
I1 WHEREAS, the District's 2007 Ozone Plan and the District's 2008 PM2.5 Plan 

, 

2 fulfilled both federal and state mandates by committing the District to develop and I I 

SJVUAPCD Governing Board 

ADOPT PROPOSED AMENDMENTS TO RULE 4306 (BOILERS, STEAM GENERATORS, AND 

PROCESS HEATERS - PHASE 3) AND RULE 4307 (BOILERS, STEAM GENERATORS, AND 

PROCESS HEATERS - 2.0 MMBTUMR TO 5.0 MMBTUMRJ, AND PROPOSED NEW RULE 4320 

(ADVANCED EMISSION REDUCTION OPTIONS FOR BOILERS, STEAM GENERATORS, AND 

PROCESS HEATERS GREATER THAN 5.0 MMBTUMRJ 

October 16,2008 

6 Generators, And Process Heaters - 2.0 MMBtuIhr to 5.0 MMBtulhr) and new Rule I I 

3 

4 

5 

7 114320 (Advanced Emission Reduction Options For Boilers, Steam Generators, And 

adopt all feasible emission control measures; and 

WHEREAS, a public hearing for the adoption of amendments to Rule 4306 (Boilers, 

Steam Generators, And Process Heaters - Phase 3) and Rule 4307 (Boilers, Steam 

8 Process Heaters Greater Than 5.0 MMBtuIhr) was duly noticed for October 16, 2008, I I 

9 in accordance with California Health and Safety Code Section 40725. I I 

12 / 1 1. The, Governing Board hereby adopts amendments to Rule 4306 (Boilers, 

10 

11 

13 Steam Generators, And Process Heaters - Phase 3) and Rule 4307 (Boilers, Steani I I 

111 

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 

14 

15 

18 11 2. The Governing Board hereby finds, based on the evidence and information 

Generators, And Process Heaters - 2.0 MMBtuIhr to 5.0 MMBtulhr) and new Rule 

4320 (Advanced Emission Reduction Options For Boilers, Steam Generators, And 

16 

17 

19 presented at the hearing upon which its decision is based, all notices required to be I I 

Process Heaters Greater Than 5.0 MMBtuIhr). Said rules shall become effective on 

October 16, 2008. 

22 l(accordance with California Health and Safety Code Section 40726. 

20 

21 

23 11 3. In connection with said rulemaking, the Governing Board makes the following 

given by law have been duly given in accordance with California Health and Safety 

Code Section 40725, and the Governing Board has allowed public testimony in 

24 findings as required by California Health and Safety Code Section 40727:. I I 

25 11 a. NECESSITY. The Governing Board finds, based on the staff report, and 

26 on public and industry testimony, on the record for this rulemaking proceeding that a I I 

SJVUAPCD 

1990 E. Gettysburg Ave. 

Fresno, CA 93726 

(559) 230-6000 

Resolution for Proposed Amendments to 

Rule 4306 and Rule 4307 and 

Proposed New Rule 4320 
SJVUAPCD 

1990 E. Gettysburg Ave. 

Fresno, CA 93726 

1559) 230-6000 

SJVUAPCD Governing Board 

ADOPT PROPOSED AMENDMENTS TO RULE 4306 (BOILERS, STEAM GENERATORS, AND 

PROCESS HEATERS - PHASE 3) AND RULE 4307 (BOILERS, STEAM GENERATORS, AND 

PROCESS HEATERS - 2.0 MMBTU/HR TO 5.0 MMBTUIHR), AND PROPOSED NEW RULE 4320 

(ADVANCED EMISSION REDUCTION OPTIONS FOR BOILERS, STEAM GENERATORS, AND 

PROCESS HEATERS GREATER THAN 5.0 MMBTU/HR) 

October 16, 2008 

need exists for the said rule amendments and new rule. The said r~~les arenecessary 

to meet the commitments of the State Implementation Plan and requirements of the 

federal Clean Air Act and the California Clean Air Act. Said rules satisfy the District's 

commitment in the District's 2007 Ozone Plan and District's 2008 PM2.5 Plan. 

b. AUTHORITY. The Governing Board finds that it has the legal authority 

for said rulemaking under the Califorr~ia Health and Safety Code Sections 40000 and 

40001. 

c. CLARITY. The Governing Board finds that said rules are written or 

displayed so that the meaning can be easily understood by those persons or 

industries directly affected by the said rules. 

d. CONSISTENCY. The Governing Board finds that said rules are in 

harmony with, and not in conflict with or contradictory to, existing statutes, court 

decisions, or state or federal regulations. 

e. NONDUPLICA'TION. The Governing Board finds that said rules do not 

impose the same requirements as any existing state or federal regulation. 

f. REFERENCE. The Goverrring Board finds that said rulemaking 

implements Section 172(c)(l) of the federal Clean Air Act, and Section 40920 of the 

California Health and Safety Code. 

4. The Governing Board hereby finds that the requirements of California Health 

and Safety Code Sections 40728.5 and 40920.6 have been satisfied to the greatest 

extent possible, and that the Governing Board has actively considered and made a 

good faith effort to minimize any adverse socioeconomic impacts associated with the 

proposed rulemaking. 

5. In connection with said rulemaking and based on the evidence and information 

presented at the hearing upon which its decision is based, the Governing Board makes 

the following findings as required by California Health and Safety Code Section 

Resolution for Proposed Amendments to 

- 3 - Rule 4306 and Rule 4307 and 

Proposed New Rule 4320 
SJVUAPCD 

1990 E. Gettysburg Ave. 

Fresno, CA 93726 

1559) 230-6000 

SJVUAPCD Governing Board 

ADOPT PROPOSED AMENDMENTS TO RULE 4306 (BOILERS, STEAM GENERATORS, AND 

PROCESS HEATERS - PHASE 3) AND RULE 4307 (BOILERS, STEAM GENERATORS, AND 

PROCESS HEATERS - 2.0 MMBTU/HR TO 5.0 MMBTUMR), AND PROPOSED NEW RULE 4320 

(ADVANCED EMISSION REDUCTION OPTIONS FOR BOILERS, STEAM GENERATORS, AND 

PROCESS HEATERS GREATER THAN 5.0 MMBTU/HR) 

October 16, 2008 

a. Implementation of Proposed Amendments to Rule 4306 (Boilers, Steam 

Generators, And Process Heaters - Phase 3) and Rule 4307 (Boilers, Steam 

Generators, And Process Heaters - 2.0 MMBtuIhr to 5.0 MMBtuIhr) and Proposed New 

Rule 4320 (Advanced Emission Reduction 'options For Boilers, Steam Generators, And 

Process Heaters Greater Than 5.0 MWIBtuIhr) will significantly reduce emissions of 

oxides of nitrogen (NOx), particulate matter, and oxides of sulfur (SOX); 

b. NOx, particulate matter, and SOX emission reductions will benefit San 

Joaquin Valley public health by reducing unhealthful ambient concentrations of ozone 

and particulate matter; 

c. Techniques and technologies that comply with said rules are available and 

currently in use in the San Joaquin Valley; 

d. Complying with said rules is not expected to constitute an undue burden on 

affected industries; 

e. Implementation of said rules will advance longstanding commitments by the 

District to implement every feasible measure for the reduction of ozone precursors, 

particulate matter, and SOX err~issions. 

6. The District has completed an Initial Study for said rules that indicates the 

project will not result in any significant adverse effects to the environment, and, for 

Rule 4306 and Rule 4320, a Proposed Negative Declaration has been prepared and 

properly noticed pursuant' to the California Environmental Quality Act Guidelines 

(CEQA). The Goverr~ing Board of the District has duly considered said Initial Study 

and Proposed Negative Declaration. Accordirlgly, the Governing Board of the District 

(a) certifies that the attached Initial Study and Negative Declaration reflect the 

independent judgment of the District; and 

Resolution for Proposed Amendments to 

-4- Rule 4306 and Rule 4307 and 

Proposed New Rule 4320 
SJVUAPCD 

1990 E. Gettysburg Ave. 

Fresno, CA 93726 

(5591 230-6000 

SJVUAPCD Governing Board 

ADOPT PROPOSED AMENDMENTS TO RULE 4306 (BOILERS, STEAM GENERATORS, AND 

PROCESS HEATERS - PHASE 3) AND RULE 4307 (BOILERS, STEAM GENERATORS, AND 

PROCESS HEATERS - 2.0 MMBTU/HR TO 5.0 MMBTUNR), AND PROPOSED NEW RULE 4320 

(ADVANCED EMISSION REDUCTION OPTIONS FOR BOILERS, STEAM GENERATORS, AND 

PROCESS HEATERS GREATER THAN 5.0 MMBTU/HR) 

October 16,2008 

(b) approves and adopts the attached Negative Declaration for said rules 

pursuant to CEQA requirements. 

7. The proposed actions for Rule 4307 are exempt under the provisions of 

Sections 15061 (b)(3) of the State CEQA Guidelines. In accordance with the 

provisions of Section 15075 of the California Environmental Quality Act Guidelines, 

the Executive DirectorlAir Pollution Control Officer is hereby directed to cause to be 

filed a Notice of Determination and a Notice of Exemption with the County Clerks of 

each of the counties in the District. 

8. The Executive DirectorlAir Pollution Control Officer is directed to file with all 

appropriate agencies certified copies of this resolution and the rules adopted herein 

and is directed to maintain a record of this rulemaking proceeding in accordance with 

California Health and Safety Code Section 40728. 

9. The Executive DirectorlAir Pollution Control Officer is directed to transmit said 

rules to the California Air Resources Board for incorporation in the State 

Implementation Plan. 

10. The Governing Board authorizes the Executive DirectorlAir Pollution Control 

Officer to include in the submittal or subsequent documentation any technical 

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

provided such changes do not alter the substantive requirements of the approved 

rules. 

Ill 

Ill 

Ill 

Ill 

Ill 

Ill 

Resolution for Proposed Amendments to 

Rule 4306 and Rule 4307 and 

Proposed New Rule 4320 
SJVUAPCD 

1990 E. Gettysburg Ave. 

Fresno, CA 93726 

(559) 230-6000 

SJVUAPCD Governing Board 

ADOPT PROPOSED AMENDMENTS TO RULE 4306 (BOILERS, STEAM GENERATORS, AND 

PROCESS HEATERS - PHASE 3) AND RULE 4307 (BOILERS, STEAM GENERATORS, AND 

PROCESS HEATERS - 2.0 MMBTU/HR TO 5.0 MMBTU/HR), AND PROPOSED NEW RULE 4320 

(ADVANCED EMISSION REDUCTION OPTIONS FOR BOILERS, STEAM GENERATORS, AND 

PROCESS HEATERS GREATER THAN 5.0 MMBTU/HR) 

October 16,2008 

THE FOREGOING was passed and adopted by the following vote of the 

Governing Board of the San Joaquin Valley Unified Air Pollution Control District this 

16th day of October 16, to wit: 

AYES: Barba, Case, Nelson, O'Brien, Ornellas 

Perea, Telles, Vierra, Watson, Worthley 

NOES: None 

ABSENT: Dominici. 

SAN OAQUIN VALLEY UNIFIED 

AIR &wuTIoN CONTROL DISTRICT 

ATTEST: 

Clerk to the Governing Board 

Resolution for Proposed Amendments to 

Rule 4306 and Rule 4307 and 

Proposed New Rule 4320