SJVUAPCD 

2 

3 

4 

5 

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SJVUAPCD Governing Board 

ADOPT PROPOSED AMENDMENTS TO RULE 4308 (BOILERS, STEAM GENERA TORS, AND 

PROCESS HEATERS-0.07S MMBTu/HR TO LESS THAN 2.0 MMBTu/HR) 

November 14, 2013 

BEFORE THE GOVERNING BOARD OF THE 

SAN JOAQUIN VALLEY UNIFIED 

AIR POLLUTION CONTROL DISTRICT 

IN THE MATTER OF: PROPOSED ) RESOLUTION NO. 13-11-13 

AMENDMENTS TO RULE 4308 (BOILERS, 1 

STEAM GENERATORS, AND PROCESS 

HEATERS-O.075 MMBTlIIHR TO LESS 

THAN 2.0 MMBTu/HR) 

7 WHEREAS, the San Joaquin Valley Unified Air Pollution Control District (District) is a. 

8 duly constituted 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 of the CH&SC; and 

13 WHEREAS, pursuant to federal Clean Air Act (CAA) § 107, the San Joaquin Valley Air 

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 District to adopt a plan that provides for the implementation of all reasonably available 

22 control measures as expeditiously as possible, and that provides for attainment of the· 

23 applicable health-based air quality standard; and 

24 WHEREAS, federal CAA §182(f) provides that for certain nonattainment areas, 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. Gettysburg Ave. 

-1- Resolution for Proposed 

Amendments to Rule 4308 

Fresno, CA 93726 

(559) 230-6000 
SJVUAPCD 

SJVUAPCD Governing Board 

ADOPT PROPOSED AMENDMENTS TO RULE 4308 (BOILERS, STEAM GENERATORS, AND 

PROCESS HEATERS-O.OlS MMBTu/HR TO LESS THAN 2.0 MMBTu/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 emissions from 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 that these units are not applicable to Rule 4308; and 

10 WHEREAS, a public hearing for the 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 public testimony in accordance with 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 satisfies the commitment in the District's 2012 PM2.S Plan and 2013 Plan for 

1990 E. Gettysburg Ave. 

-2- Resolution for Proposed 

Amendments to Rule 4308 

Fresno, CA 93726 

(559) 230-6000 
SJVUAPCD 

SJVUAPCD Governing Board 

ADOPT PROPOSED AMENDMENTS TO RULE 4308 (BOILERS, STEAM GENERA TORS, AND 

PROCESS HEATERS-0.075 MMBTUlHR TO LESS THAN 2.0 MMBTUlHR) 

November 14, 2013 

the Revoked 1-Hour Ozone Standard. 

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

3 said rulemaking under CH&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 or federal regulations. 

10 e. NONDUPLICATION. The Governing Board finds that said rule does not 

11 impose the same requirements as any existing state or federal 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 any adverse 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 of the State CEQA Guidelines §15061 (b)(3). 

22 6. The Executive Director/Air Pollution Control Officer is directed to file a Notice of 

23 Exemption with the County Clerks of each of the 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 directed to transmit said 

1990 E. Gettysburg Ave. 

-3- Resolution for Proposed 

Amendments to Rule 4308 

Fresno, CA 93726 

(559) 230-6000 
SJVUAPCD 

SJVUAPCD Governing Board 

ADOPT PROPOSED AMENDMENTS TO RULE 4308 (BOILERS, STEAM GENERATORS, AND 

PROCESS HEA TER5-0.075 MMBTu/HR TO LESS THAN 2.0 MMBTu/HR) 

November 14, 2013 

rule to the California Air 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 changes do not alter the substantive requirements of the 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 day of November 2013, to wit: 

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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 Clerk of the rnin Board 

BY ~ Miche'lle Franc 

1990 E. Gettysburg Ave. 

-4- Resolution for Proposed 

Amendments to Rule 4308 

Fresno, CA 93726 

(559) 230-6000