SJVUAPCD 1990 E. Gettysburg Ave.

Fresno, CA 93726

1559) 230-6000 SJVUA PCD Governing Board ADOPT PROPOSEDAMENDMENTS 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 ) RULE4320 (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 40150 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 Rule4307 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 

# II SJVUAPCD Governing Board

ADOPT PROPOSEDAMENDMENTS TO RULE 4306 (BOILERS, STEAM GENERATORS,AND PROCESS HEATERS- PHASE 3) AND RULE4307 (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 THAN5.0 MMBTUMRJ October 16,2008

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

# II 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, 

# II
9 in accordancewith California Healthand Safety Code Section 40725. 

# II

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 

# II111 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

14 15

18

# 112. 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 

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

October 16, 2008.

22 l(accordancewith California Health and Safety Code Section 40726. 20 21

23 

# 113. 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:. 

# II

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 

# II

SJVUAPCD 1990 E. GettysburgAve.

Fresno, CA 93726

(559) 230-6000 Resolution for ProposedAmendments to Rule 4306 and Rule 4307 and ProposedNew Rule 4320SJVUAPCD 1990 E. GettysburgAve.

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 THAN5.0 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 inthe 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 4320SJVUAPCD 1990 E. GettysburgAve.

Fresno,CA 93726

1559) 230-6000 SJVUAPCD Governing Board ADOPT PROPOSEDAMENDMENTS 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 PROPOSEDNEWRULE4320 (ADVANCED EMISSION REDUCTION OPTIONS FOR BOILERS, STEAM GENERATORS,AND PROCESS HEATERS GREATER THAN5.0 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 SOXerr~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 reflectthe independent judgment of the District; and

Resolution for ProposedAmendments to -4- Rule 4306 and Rule 4307and ProposedNewRule 4320SJVUAPCD 1990 E. GettysburgAve.

Fresno, CA 93726

(5591230-6000 SJVUAPCD Governing Board ADOPT PROPOSED AMENDMENTS TO RULE 4306 (BOILERS, STEAM GENERATORS, AND PROCESS HEATERS

### - PHASE3)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 THAN5.0MMBTU/HR) October 16,2008 (b) approves and adopts the attached Negative Declaration for said rules pursuantto 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 4320SJVUAPCD 1990 E. GettysburgAve.

Fresno, CA 93726

(559) 230-6000 SJVUAPCD Governing Board ADOPT PROPOSED AMENDMENTS TO RULE 4306 (BOILERS, STEAM GENERATORS,AND PROCESS HEATERS

### - PHASE3)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 THAN5.0 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 ProposedAmendments to Rule 4306 and Rule 4307and ProposedNew Rule 4320