SJVUAPCD 

### 2 

### 3 4 

### 5 6 SJVUAPCD GoverningBoard ADOPTPROPOSEDAMENDMENTS TO RULE4308 (BOILERS, STEAMGENERATORS, AND PROCESSHEATERS-0.07SMMBTu/HR TO LESS THAN2.0MMBTu/HR) November 14, 2013

BEFORETHE GOVERNING BOARD OFTHE SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT IN THE MATTER OF: PROPOSED ) RESOLUTION NO. 13-11-13 AMENDMENTSTO RULE 4308 (BOILERS, 

# 1 STEAM GENERATORS, AND PROCESS HEATERS-O.075MMBTlIIHRTO LESS THAN 2.0 MMBTu/HR)



### 7 WHEREAS, 

### the San Joaquin Valley Unified Air Pollution Control District (District) is a. 8 dulyconstituted unified air pollution control district, as provided in California Health and 9 Safety Code (CH&SC) Sections (§) 40150 et seq. and 40600 et seq.; and 10 WHEREAS, 

### said district is authorized by CM&SC §40702 to make and enforce all 11 necessary and proper orders, rules, and regulations to accomplish the purpose of 12 Division 26 ofthe CH&SC; and 13 WHEREAS, 

### pursuantto federal Clean AirAct (CAA) §107,the San Joaquin ValleyAir 14 Basin (Valley) has been classified as a nonattainment area for the national health-

. 15 based air quality standards for ozone and particulate matter 2.5 microns and smaller 16 (PM2.5); and



### , 17 WHEREAS, 

### pursuant to CH&SC §39608, the Valley has been classified as a 18 nonattainment area for the state health-based air quality standards for ozone and 19 PM2.5; and 20 WHEREAS, 

### for each federal nonattainment pollutant, federal CAA §172 requires the 21 Districtto adopt a plan that provides forthe implementation of all reasonably available 22 control measures as expeditiously as possible, and that provides for attainment of the· 23 applicable health-based airqualitystandard; and 24 WHEREAS, 

### federal CAA §182(f) providesthatforcertain nonattainmentareas, states 25 must revise their state implementation plans (SIPs) to include Reasonably Available 26 Control Technology (RACT) for all major sources of oxides of nitrogen (NOx) that are 27 located in the area; and 28 WHEREAS, 

### pursuant to the federal CAA and California CAA, the District's 2012

1990 E. GettysburgAve. -1- Resolution forProposed Amendments to Rule4308 Fresno, CA 93726

(559) 230-6000SJVUAPCD SJVUAPCD GoverningBoard ADOPTPROPOSEDAMENDMENTS TO RULE4308 (BOILERS, STEAMGENERATORS, AND PROCESSHEATERS-O.OlSMMBTu/HR TO LESS THAN2.0MMBTu/HR) November 14, 2013 

### PM2.S Plan 

### and 2013 Plan for the Revoked 1-Hour Ozone Standard 

### commit the 2 District to amend Rule 4308 to lower the NOx emission limit for instantaneous water 3 heaters with a rated heat input of 0.075 to 0.4 million British thermal units per hour 4 (MMBtu/hr)to reduce NOx emissionsfrom this source category; and 5 WHEREAS, 

### the District is proposing administrative amendments to Rule 4308 to 6 clarify rule requirements by adding definitions and removing outdated and redundant 7 language; and 8 WHEREAS, 

### an exemption for hot water pressure washers would be added to clarify 9 thatthese units are not applicableto Rule 4308; and 10 WHEREAS, 

### a public hearing forthe adoption of proposed amendments to Rule 4308 11 (Boilers, Steam Generators, and Process Heaters-0.075 MMBtu/hr to less than 2.0 12 MMBtu/hr) was duly noticed for November 14, 2013, in accordance with CH&SC 13 §40725. 14 NOW,THEREFORE, BE IT RESOLVED AS FOLLOWS: 

### 15 

### 1. The Governing Board hereby adopts the proposed amendments to Rule 4308 16 (Boilers, Steam Generators, and Process Heaters-0.075 MMBtu/hr to less than 2.0 17 MMBtu/hr). Said rule shall become effective on November 14, 2013. 18 2. The Governing Board hereby finds, based on the evidence and information 19 presented at the hearing upon which its decision is based, all notices required to be 20 given by law have been duly given in accordance with CH&SC §40725, and the 21 Governing Board has allowed publictestimony in accordancewith CH&SC §40726. 22 3. In connection with said rulemaking, the Governing Board makes the following 23 findings as required by CH&SC §40727: 24 a. NECESSITY. 

### The Governing Board finds, based on the staff report, public 25 and industry testimony, and the record for this rulemaking proceeding, that a need 26 exists for said rule amendments. Amending said rule is necessary to meet the 27 commitments of the SIP and requirements of tile federal CAA and the California CAA. 28 Said rule satisfiesthe commitment in the District's 2012PM2.SPlan

### and 2013 Plan for

1990 E. GettysburgAve. -2- Resolution forProposed Amendments to Rule4308 Fresno, CA 93726

(559) 230-6000SJVUAPCD SJVUAPCD GoverningBoard ADOPTPROPOSEDAMENDMENTS TO RULE4308 (BOILERS, STEAMGENERATORS, AND PROCESS HEATERS-0.075MMBTUlHR TO LESS THAN2.0MMBTUlHR) November 14, 2013 the Revoked 1-HourOzone Standard. 2 b. AUTHORITY. The Governing Board finds that it has the legal authority for 3 said rulemaking underCH&SC §40000 and 40001. 4 c. CLARITY. The Governing Board finds that said rule is written or displayed 5 so that the meaning can be easily understood by those persons or industries directly 6 affected by said rule. 7 d. CONSISTENCY. The Governing Board finds that said rule is in harmony 8 with, and not in conflict with or contradictory to, existing statutes, court decisions, or 9 state orfederal regulations. 10 e. NONDUPLICATION. The Governing Board finds that said rule does not 11 imposethe same requirements as any existing state orfederal regulation. 12 f. REFERENCE. The Governing Board finds that said rulemaking implements 13 federal CAA§172(c)(1) and CH&SC §40920. 14 4. The Governing Board hereby finds that the requirements of CH&SC §40728.5 15 and 40920.6 have been satisfied to the greatest extent possible, and that the 16 Governing Board has actively considered and made a good faith effort to minimize 17 anyadverse socioeconomic impacts associated with the proposed rulemaking. 18 5. The Governing Board finds that, because said rulemaking will have no possible 19 significant adverse effect on the environment, the proposed actions are exempt from 20 the provisions of the California Environmental Quality Act of 1970 (CEQA) under the 21 provisions ofthe State CEQA Guidelines §15061 (b)(3). 22 

### 6. The Executive Director/Air Pollution Control Officer is directedto file a Notice of 23 Exemption with the County Clerks of each ofthe counties in the District. 24 7. The Executive Director/Air Pollution Control Officer is directed to file with all 25 appropriate agencies certified copies of this resolution and the rule adopted herein and 26 is directed to maintain a record of this rulemaking proceeding in accordance with 27 CH&SC §40728. 28 8. The Executive Director/Air Pollution Control Officer is directedto transmit said

1990 E. GettysburgAve. -3- Resolution forProposed Amendments to Rule4308 Fresno, CA 93726

(559) 230-6000SJVUAPCD SJVUAPCD GoverningBoard ADOPTPROPOSEDAMENDMENTS TO RULE4308 (BOILERS, STEAMGENERATORS, AND PROCESSHEA TER5-0.075MMBTu/HR TO LESS THAN2.0MMBTu/HR) November 14, 2013 rule to the CaliforniaAir Resources Board for incorporation into the SIP. 2 9. The Governing Board authorizes the Executive Director/Air Pollution Control 3 Officer to include in the submittal or subsequent 'documentation any technical 4 corrections, clarifications, or additions that may be needed to secure EPA approval, 

### 5 provided such changesdo notalterthe substantive requirements ofthe approved rule. 6 THE FOREGOING was passed and adopted by the following vote of the 7 Governing Board of the San Joaquin Valley Unified Air Pollution Contml District this 

### 8 14th dayof November2013, to wit: 

### 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 

### 25 26 27 

### 28 ATTEST: AYES: 

### Baines, Barba, Bomprezzi, Case, Couch, Elliott, 0'Brien, Sherriffs, Walsh,**Whe~ler,** 

### Worthley, Barwick

NOES: N 

### one

ABSENT: 

### Brazil, Hanson

SAN

# "" NIFIIED AI POL TION C TROL DISTRICT By

____**~~**__________________ ___ Skip Barwick, Chair Governing Board

Dep.uty Clerkof**the rnin**  Board

# BY**~** Miche'lle Franc

1990 E. GettysburgAve. -4- Resolution forProposed Amendments to Rule4308 Fresno, CA 93726

(559) 230-6000