1 2 3 4 5 6

- 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2 1 22 23 24 25 26 27 28 SJVUAPCD 1990 E. GettysburgAve.

Fresno, CA 93726

(559) 230-6000 SJVUAPCD GoverningBoard APPROVE REASONABLY A VAILABL E CONTROL TECHNOLOGY(RACT) DEMONSTRATION AND NEGA TlVE DECLARATION FOR TWO SOURCE CATEGORIES COVEREDBY EPA CONTROL TECHNIQUES GUIDELINES APRIL 16,2009 

### BEFORE THE GOVERNING BOARD OF THE SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT IN THE MATTER OF: REASONABLY ) RESOLUTION NO. 09-04-l2 

### AVAILABLE CONTROL TECHNOLOGY 

## 1 (RACT ) DEMONSTRATIONAND NEGATIVE ) DECLARATION FOR TWO SOURCE CATEGORIES COVERED BY EPA CONTROL TECHNIQUES GUIDEI-INES

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### 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 41050 to 40161; 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 regulationsto accomplishthe purpose of Division 26 of the California Health and Safety Code; and



### WHEREAS, pursuant to Section 107 of the federal Clean Air Act and 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 national and state healthbased ozone and particulate matter 10 microns and smaller (PM-10) air quality standards; and



### WHEREAS, as part of "Final Rule to Implement the Eight-hour Ozone National Ambient Air Quality Standard" (70 

### FR 71612, November 29, 2005), the United States Environmental Protection Agency (EPA) requires certain non-attainment areas to submit a State Implementation Plan revision demonstrating that current rules fulfill Reasonably Available Control Technology (RACT) for all federal Control Techniques Guidelines (CTG) source categories and all major, non-CTG sources; and



### WHEREAS, the District's Governing Board withdrew the RACT demonstration portion of the District's one-hour ozone plan on August 21, 2008, so this RACT demonstration will fulfill the District's obligation under the one-hour ozone implementation rule by reassessing that current rules fulfill RACT for all federal CTG source categories and all

-1

### - Resolution for the ReasonablyAvailable Control Technology(RACT)Demonstrationand Negative Declaration for Two Source Categories Coveredby EPA Control Techniques Guidelines

### 28 SJVUAPCD 1990 E. GettysburgAve.

Fresno, CA 93726

(559) 230-6000 SJVUAPCD GoverningBoard APPROVE REASONABLYAVAILABL DECLARATION FOR TWO SOURCE APRIL 16,2009 .E CONTROL TECHNOLOGY(RACT) DEMONSTRATION AND NEGATIVE CATEGORIES COVEREDBYEPA CONTROL TECHNIQUES GUIDELINES 

### major, non-CTGsources, and

WHEREAS, a public hearing for the approval of the RACT Demonstration was duly noticed for April 16, 2009, in accordance with California Health and Safety Code Section40725. WHEREAS, the United States Environmental ProtectionAgency has published Control Techniques Guidelines (CTG)for specific source categories; and

WHEREAS, Sections 182(b)(2) and 182(f) of the federal CAA requires the Districtto submit a revisionto the State Implementation Plan to implement ReasonablyAvailable Control Technology (RACT) for each category of volatile organic codpound (VOC) sources covered by a CTG document; and

WHEREAS, guidance from the United States Environmental Protection Agency allows the District to forgo adopting RACT rules for CTG source categories in which no major or minor sources exist provided the District makes a formal "negative declaration" finding 110 

### sources in the applicable source categories; and

WHEREAS, District staff have researched the District permit files and the California Air Resources Board Emissions Inventory and found no sources, major or minor, exist in the following source CTG categories: synthesized pharmaceutical products manufacturing; and coating operations at shipbuildinglship repair facilities; and

WHEREAS, a public hearing for the approval of the negative declaration was duly noticed for April 18, 2009, in accordance with California Health and Safety Code Section 40725.

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Governing Board hereby aproves the Reasonably Available Control Technology (RACT) Demonstration and Negative Declaration for Two Source Categories Covered by EPA Control Technology Guidelines, as set forth hereto and incorporated herein by this reference. 2. The Governing Board hereby finds, based on the evidence and information

-2- Resolution for the ReasonablyAvailable Control Technology(RACT) Demonstrationand Negative Declaration for Two Source Categories Coveredby EPA Control Techniques Guidelines28 SJVUAPCD 1990 E. GettysburgAve.

Fresno, CA 93726

(559) 230-6000 SJVUAPCD Governing Board APPROVE REASONABLYAVAILABLE CONTROL TECHNOLOGY(RACT) DEMONSTRATIONAND NEGATIVE DECLARATION FOR TWO SOURCE CATEGORIES COVEREDBY EPA CONTROL TECHNIQUESGUIDELINES APRIL 16, 2009 presented at the hearing, all 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 testimony in accordance with Health and Safety Code Section 40726. 

### 3. The Governing Board finds that approval of the Reasonably Available Control Technology Demonstration for Ozone State Implementation Plans (SIP) report and Negative Declaration for Two Source Categories Covered by EPA Control Techniques Guidelines will not result in new or revised District regulations. Therefore, adoption-of Reasonably Available Cor~trolTect~nology(RACT) Demonstration and Negative Declaration for Two Source Categories Covered by EPA Control Techniques Guidelines are not projects as described in Section 15378(a) of the California Environmental Quality Act of 1970 (CEQA) guidelines and does not need to undergo CEQA analysis. 4. The Executive DirectorIAir Pollution Control Of icer is directed to file with-all appropriate agencies certified copies of this resolution and the Reasonably Available Control Technology (RACT) Demonstration and Negative Declaration for Two Source Categories Covered by EPA Control Techniques Guidelines approved herein and is directed to maintain a record of this proceeding in accordance with California Health and Safety Code Section 40728. 

### Ill

-3- Resolution for the Reasonably Available Control Technology (RACV Demonstration and Negative Declaration for Two Source Categories Coveredby€PA Control Techniques Guidelines28 SJVUAPCD 1990 E. GettysburgAve.

Fresno, CA 93726

(559)230-6000 SJVUAPCD Governing Board APPROVE REASONABLY AVAILABLE CONTROL TECHNOLOGY(RACT) DEMONSTRATION AND NEGATIVE DECLARATION FOR TWO SOURCE CATEGORIES COVERED BY EPA CONTROL TECHNIQUES GUIDELINES APRIL 16, 2009 

# II THE FOREGOING was passed and approved by the following vote of the

# I 

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

# I/ 16thday of April 2009, to wit: 

### AYES: 

### Barba, Dominici, Nelson, O'Brien Omellas, Vierra, Watson, Worthley

-- 

### NOES: 

### Telles, Forman

ABSENT: 

### Case

SANJOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT

Chris Viera, Chair Governing Board

ATTEST: Clerkto the Governing Board



## &@+ Angelina DeSantiago

-4- Resolution for the Reasonably Available Control Technology(RACT) Demonstrationand Negative Declaration for Two Source Categories Covered by EPA Control Techniques Guidelines