### BEFORE THE AIR POLLUTION CONTROL BOARD

EASTERN KERN AIR POLLUTION CONTROL DISTRICT

In the matter of ADOPTION OF AMENDED ) RULE 202 PERMIT EXEMPTIONS ) OF THE EASTERN KERN AIR • ) POLLUTION CONTROL DISTRICT ) ) ) Resolution No. 

### 2011-002-01

I, Debra Mullins, SECRETARY TO THE AIR POLLUTION CONTROL BOARD OF THE EASTERN KERN AIR POLLUTION CONTROL DISTRICT, DO HEREB4

~ " certify that the following Resolution, proposed by Director 

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### 11,r w" -- , was duly passed and adopted by saiM a ..- at an official meeting hereof this 13 th day of January, 2011. U Ci o Q L iS"U
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DEBRA MULLINS ~ m " ~
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RESOLUTION Section 1. WHEREAS: (a) The Eastern Kern Air Pollution Control District (District) is authorized by Health and Safety Code section 40702 to make and enforce all necessary and proper orders, rules and regulations to accomplish the purposes of Division 26 of the Health and Safety Code; and ~ ~ ~ -9 C L 1 6 AYES: - Y - 

### NOES: -U - ABSENT:

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(Dlshlcr seaq U ~(b) The Air Pollution Control Officer (APCO) for said District has

recommended that the Board of Directors of the Eastern Kern Air Pollution Control District (Board) consider adopting certain amendments to the Rules and Regulations of the District; and

(c) A notice of a public hearing on January 13, 2011, at the hour of 1:00 p.m, at the Golden Hills Community Services District offices, 21415 Reeves, Tehachapi, California, to consider the amendments to Rule 202, Permit Exemptions, was duly given; and

(d) The matter was heard at the time and place so specified, evidence was received and all persons desiring to be heard in said matter were given an opportunity to be heard; Section 2. NOW, THEREFORE, IT IS RESOLVED by the Board as follows: 1. This Board does hereby revise the Rules and Regulations of the District as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. The foregoing referenced Rules and Regulations attached hereto as Exhibit "A" are hereby adopted as amendments to the Rules and Regulations of the District with said amendments to be effective January 13, 2011.

2. The findings of this Board, based on the evidence submitted at the hearing upon which its decision is based, are as follows:

a. The proposed revisions to the Rules and Regulations will amend Rule 202 to update and clarify the provisions of Section I, California Health and Safety Code (CH & SC) Exemptions which includes revisions to Sections I.A, 13, I.C, and I.D; update and clarify the provisions of Section II, Additional Exemptions; expand and clarify Sections II.A., Combustion Equipment, 11.13, Locomotives, Airplanes, and Watercraft, II.E, Food Processing Equipment, II.G, Liquid Storage Vessels, and II.H, Loading Racks and Equipment; refine Sections II.L, Miscellaneous, and III, Provisions for Permitting Otherwise Exempt Source Operation; add Sections II.K, Agricultural Sources, II.M, Low Emitting Unit, and II.N, Temporary Source Operation; and expand the requirements of Section IV, Recordkeeping; and

b. AII notices required to be given by law have been duly given in accordance with Health and Safety Code section 40725, and the Board has allowed public comment, both oral and written, in accordance with Health and Safety Code section 40726; and
C. The written analysis required by Health and Safety Code section 40727.2, which identifies all existing federal air pollution control requirements that apply to the same equipment or source type as the rule proposed for adoption or modification, and also identifies any of the District's existing or proposed rules that apply to the same equipment or source type, was prepared by the District. A copy of the analysis was made available to the public from the District.

3. Further findings of this Board as required by Health and Safety Code Section 40727 are as follows:
2 Resotution 2011-002-01a. The proposed amendments are necessary to accomplish the

purposes of Division 26 of the Health and Safety Code and to comply with state and/or federal Clean Air Act requirements;

b. The Board is authorized to adopt and amend rules and regulations as may be necessary or proper to execute the powers and duties granted to, and imposed upon, the District by Health and Safety Code section 40702; C. The Board has reviewed the proposed revisions and has determined that the said provisions are set forth in clear and concise language so that their meaning can be easily understood by the persons directly affected by them;

d. The proposed revisions are in harmony with, and not in conflict with or contradictory to, existing District Rules and Regulations, statutes, court decisions, or state or federal regulations;

e. The proposed revisions do not impose the same requirements as an existing state or federal regulation; and

f. The amended Rules and Regulations are being implemented in compliance with Health and Safety Code section 40001 which requires the District to adopt and enforce rules and regulations to achieve and maintain the state and federal ambient air quality standards in all areas affected by emissions sources under its jurisdiction, and enforce all applicable provisions of state and federal law.

4. This Board finds, based on the staff report filed with this Board and the record of its rule adoption hearing, and pursuant to sections 40703 and 40922 of the Health and Safety Code, that the Rules and Regulations contained in Exhibit "A" are the most cost effective of the available control measures considered by this Board.

5. This Board finds that Amended Rule 202, Permit Exemptions, poses no significant impact on the environment and is exempt from California Environmental Quality Act (CEQA) Guidelines pursuant to the Section 15061, Subsections (2) & (3).

6. District staff is directed to prepare a Notice of Exemption for this project, and the Secretary of this Board is hereby directed to file the Notice of Exemption with the Kern County Clerk.

7. The District shall maintain a record of this rule-making proceeding in accordance with Health and Safety Code section 40728.

8. The Secretary of this Board is hereby directed, for the purposes of conforming to Section 40704 of the Health and Safety Code, to cause a certified copy of this Resolution, together with the Rules and Regulations adopted herein, to be filed with the California Air Resources Board.

9. The Secretary of this Board is further directed to cause a certified copy of this Resolution to be forwarded to the APCO for said District and to the County Counsel of Kern County.
3 Resolution 2011-002-0110. The APCO for said District is directed to transmit said rule to the

California Air Resources Board for incorporation in the State Implementation Plan.

11. The Board authorizes the APCO for said District 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 rule.

4 Resolution 2011-002-01