SJVUAPCD 

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### 5 SJVUAPCD Governing Board ADOPTPROPOSEDAMENDMENTS TO RULE4905 (NATURAL GAS-FIRED, FAN-TYPECENTRAL FURNACES) January22, 2015

BEFORE "fHE GOVERNING BOARDOF THE SANJOAQUINVALLEYUNIFIED AIR POLLUTION CONTROL DISTRICT IN THE MATTEROF: PROPOSED AMENDMENTSTO RULE 4905 (NATURAl GAS-FIRED, FAN-TYPE CENTRAL FURNACES) ) RESOLUTION NO.

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6 WHEREAS, the San Joaquin Valley Unified Air Pollution Control District (District) is a 7 duly constituted unified air pollution control district, as provided in California Health and 8 Safety Code (CH&SC) Sections(§)40150 etseq. and 40600 etseq.; and 9 WHEREAS, said District is authorized by CH&SC §40702 to make and enforce all 10 necessary and proper orders, rules, and regulations to accomplish the purpose of 11 Division 26 ofthe CH&SC; and 12 WHEREAS, pursuantto federal Clean AirAct (CAA) §107, the San Joaquin ValleyAir 13 Basin (Valley) has been classified as a nonattainment area for the national health14 based air quality standards for ozone and particulate matter 2.5 microns and smaller 15 (PM2.5); and 16 WHEREAS, pursuant to CH&SC §39608, the Valley has been classified as a 17 nonattainment area for the state health-based air quality standards for ozone and 18 Pi\112.5; and 19 WHEREAS, for each federal nonattainment pollutant, federal CAA §172 requires the 20 District to adopt a plan that provides forthe implementation of all reasonably available 21 control measures as expeditiously as possible, and that provides for attainment ofthe 22 applicable health-based airqualitystandard; and 23 WHEREAS, federal CAA §182(f) providesthatfor certain nonattainment areas, states 24 must revise their state implementation plans (SIPs) to include Reasonably Available 25 Control Technology (RACT) for all major sources ofoxides of nitrogen (NOx) that are 26 located in the area; and 27 WHEREAS, pursuant to thefederal CAAand California CAA, the District's 2008

1990 E. GettysburgAve.

Fresno, CA 93726

(559) 230-6000 -1- Resolution forProposed Amendmentsto Rule4905SJVUAPCD SJVUAPCD GoverningBoard ADOPTPROPOSEDAMENDMENTS TO RULE4905 (NATURAL GAS-FIRED, FAN-TYPE CENTRAL FURNACES) January22, 2015 

### 1 PM2.5 Plan, 2012 PM2.5 Plan, 

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

### 2 Standard

### committhe Districtto amend Rule 4905 to lowerthe oxides of nitrogen (NOx) 3 emission limitsforthis source category; and 4 WHEREAS, pursuant to the federal CAA and California CAA, the District's 2012 

### 5 PM2.5 Plan, 

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

### commit the 6 District to explore the feasibility ofamending Rule 4905 to expand the rule applicability 7 to include requirements for natural gas-fired, fan-type central furnaces installed in non8 residential buildings; and 9 WHEREAS, proposed amendments to Rule 4905 would lowerthe NOx emission limit 10 for natural gas-fired, fan-type residential centralfurnaces to 14 ng/J; and 11 WHEREAS, proposed amendments to Rule 4905 would expand the rule applicability 12 to include natural gas-fired, fan-type central furnaces installed in non-residential 13 (commercial) buildings and require a NOxemission limitof 14 ng/J; and 14 WHEREAS, proposed amendments to Rule 4905 would establish an initial NOx 15 emission limit of 40 ng/J for natural gas-fired, fan-type central furnaces installed in 16 manufactured homes in 2015 and then lowersaid limitto 14 ng/J in 2018; and 17 WHEREAS, proposed amendments to Rule 4905would add labeling requirements for 18 new units; and 19 WHEREAS, proposed amendments to Rule 4905 would allow a 300-day period after 20 the applicable compliance deadlines for affected stakeholders to sell through existing 21 inventory of natural gas-fired, fan-type central furnaces, except those installed in 22 manufactured homes; and 23 WHEREAS, proposed amendments to Rule 4905 would allow the sale of non24 compliant units during the initial implementation period (36-months) in exchangeforthe 25 payment of an emissions fee for each non-compliant unit sold, in the amount of $225 26 for each non-condensing unitand $290 foreach condensing unit sold in the Valley that 27 does not meetthe proposed emission limits, and

1990E. Gettysburg Ave. -2- Resolution forProposed Amendments to Rule4905 Fresno, CA 93726

. (559) 230-6000SJVUAPCD SJVUAPCD GoverningBoard ADOPTPROPOSEDAMENDMENTS TO RULE4905 (NATURAL GAS-FIRED, FAN-TYPE CENTRAL FURNACES) January22, 2015 1 WHEREAS, payments shall be made annually which includes a report of all non2 compliant units sold during the previous 12-month period, and 3 WHEREAS, amendments to Rule 4905 will result in a reduction of2.10 tons perday of 4 NOx emissions uponfull turnoverofexisting units; and 5 WHEREAS, a public hearing for the adoption ofproposed amendments to Rule 4905 6 was duly noticedfor January22, 2015 in accordancewith CH&SC §40725. 7 NOW, THEREFORE, BE IT RESOLVEDAS FOLLOWS: 8 1. The Governing Board hereby adopts the proposed amendments to Rule 4905 9 (Natural Gas-Fired, Fan-Type Central Furnaces). Said rule shall become effective on 10 January22, 2015. 11 

### 2. The Governing Board hereby finds, based on the evidence and information 12 presented at the hearing upon which its decision is based, all notices required to be 13 given by law have been duly given in accordance with CH&SC §40725, and the 14 Governing Board has allowed publictestimony in accordancewith CH&SC §40726. 15 3. In connection with said rulemaking, the Governing Board makes the following 16 findings as required by CH&SC §40727: 17 a. NECESSITY. The Governing Board finds, based on the staff report, public 18 testimony, and the record for this rulemaking proceeding, that a need exists for said 19 rule amendments and said new rule. Adopting said rule is necessary to meet the 20 commitments ofthe SIP and requirements ofthefederal CAA and the California CAA. 21 Said rule satisfies the commitments in the District's 2008 PM2.5 Plan, 2012 PM2.5 22 Plan, and 2013Plan forthe Revoked 1-HourOzone Standard. 23 b. AUTHORITY. The Governing Board finds that it has the legal authority for 24 said rulemaking underCH&SC §40000 and 40001. 25 c. CLARITY. The Governing Board finds that said rule is written or displayed 26 so that the meaning can be easily understood by those persons or industries directly 27 affected bysaid rule.

1990 E. Gettysburg Ave. -3- Resolution forProposed Amendments to Rule4905 Fresno, CA 93726

(559)230-6000SJVUAPCD SJVUAPCD Governing Board ADOPTPROPOSEDAMENDMENTS TO RULE4905 (NATURAL GAS-FIRED, FAN-TYPECENTRAL FURNACES) January22, 2015 

### 1 d. CONSISTENCY. The Governing Board finds that said rule is in harmony 2 with, and not in conflict with or contradictory to, existing statutes, court decisions, or 3 state orfederal regulations. 4 e. NONDUPLICATION. The Governing Board finds that said rule does not 5 impose the same requirements as any existing state orfederal regulation. 6 f. REFERENCE. The Governing Board finds that said rulemaking implements 7 federal CAA§172(c)(1) and CH&SC §40920. 

### 8 4. The Governing Board hereby finds that the requirements of CH&SC §40728.5 9 and 40920.6 have been satisfied to the greatest extent possible, and that the 10 Governing Board has actively considered and made a good faith effort to minimize 11 any adverse socioeconomic impacts associatedwith the proposed rulemaking. 12 

### 5. The Governing Board finds that, because this rulemaking will have no possible 13 significant adverse effecton the environment, the proposed actions do not constitute a 14 project under the provisions of the California Environmental Quality Act of 1970 15 (CEQA). Furthermore, the proposed actions are exempt from CEQA per the general 16 rule that CEQA applies only to projects which have the potential for causing a 17 significant effect on the environment (CEQA Guidelines §15061 (b)(3)). Therefore 18 pursuant to Section 15062 of the CEQA guidelines, Staff will file a Notice of 19 Exemption upon Governing Board approval ofamendmentsto Rule 4905. 20 

### 6. The Executive Director/Air Pollution Control Officer is directed to file a Noticeof 21 Exemption with the County Clerks ofeach ofthe counties in the District. 22 

### 7. The Executive Director/Air Pollution Control Officer is directed to file with all 23 appropriate agencies certified copies ofthis resolution and the rule adopted herein and 24 is directed to maintain a record ofthis rulemaking proceeding in accordance with 25 CH&SC §40728. 26 8. The Executive Director/Air Pollution Control Officer is directed to transmit said 27 rule tothe CaliforniaAir Resources Board for incorporation intothe SIP.

1990 E. GettysburgAve. -4- Resolution forProposed Amendments to Rule4905 Fresno,CA 93726

(559) 230-6000SJVUAPCD SJVUAPCD Governing Board ADOPTPROPOSEDAMENDMENTS TO RULE4905 (NATURAL GAS

-FIRED, FAN-TYPECENTRAL FURNACES) January22, 2015 

### 1 9. The Governing Board authorizes the Executive Director/Air Pollution Control 2 Officer to include in the submittal or subsequent documentation any technical 3 corrections, clarifications, or additions that may be needed to secure EPA approval, 

### 4 provided such changes do notalterthe substantive requirements ofthe approved rule. 5 THE FOREGOING was passed and adopted by the following vote of the 

### 6 Governing Board of the San Joaquin Valley Unified Air Pollution Control District this 7 22nd day ofJanuary2015, towit: 

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### 23 24 ATTEST: 25 

### 26 27 Deput Clerk oftheAYES: Bomprezzi; Brazil, Capitman, Elliott, Hanson, Mendes, 0 Brien, Pedersen, Sherriffs, Walsh, Worthley, Wheeler

NOES: None

ABSENT: Baines, Couch

SAN JOAQUINVALLEY UNIFIED AIR POLL J ION NTROL DISTRICT

Wheeler, Chair overning Board

1990E. Gettysburg Ave.

Fresno, CA 93726

(559) 230·6000 -5- Resolution forProposed Amendments to Rule4905