SJVUAPCD 

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SJVUAPCD Governing Board 

ADOPT PROPOSED AMENDMENTS TO RULE 4905 (NATURAL GAS-FIRED, FAN-TYPE CENTRAL 

FURNACES) 

January 22, 2015 

BEFORE "fHE GOVERNING BOARD OF THE 

SAN JOAQUIN VALLEY UNIFIED 

AIR POLLUTION CONTROL DISTRICT 

IN THE MATTER OF: PROPOSED 

AMENDMENTS TO RULE 4905 (NATURAl 

GAS-FIRED, FAN-TYPE CENTRAL 

FURNACES) 

) RESOLUTION NO. _..::..15:.--..;;;.1_;;-1=9---

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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 et seq. and 40600 et seq.; 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 of the CH&SC; and 

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

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 for the implementation of all reasonably available 

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

22 applicable health-based air quality standard; and 

23 WHEREAS, federal CAA §182(f) provides that for certain nonattainment areas, states 

24 must revise their state implementation plans (SIPs) to include Reasonably Available 

25 Control Technology (RACT) for all major sources of oxides of nitrogen (NOx) that are 

26 located in the area; and 

27 WHEREAS, pursuant to the federal CAA and California CAA, the District's 2008 

1990 E. Gettysburg Ave. 

Fresno, CA 93726 

(559) 230-6000 

-1- Resolution for Proposed 

Amendments to Rule 4905 
SJVUAPCD 

SJVUAPCD Governing Board 

ADOPT PROPOSED AMENDMENTS TO RULE 4905 (NATURAL GAS-FIRED, FAN-TYPE CENTRAL 

FURNACES) 

January 22, 2015 

1 PM2.5 Plan, 2012 PM2.5 Plan, and 2013 Plan for the Revoked 1-Hour Ozone 

2 Standard commit the District to amend Rule 4905 to lower the oxides of nitrogen (NOx) 

3 emission limits for this 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 of amending 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 lower the NOx emission limit 

10 for natural gas-fired, fan-type residential central furnaces 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 NOx emission limit of 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 lower said limit to 14 ng/J in 2018; and 

17 WHEREAS, proposed amendments to Rule 4905 would 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 exchange for the 

25 payment of an emissions fee for each non-compliant unit sold, in the amount of $225 

26 for each non-condensing unit and $290 for each condensing unit sold in the Valley that 

27 does not meet the proposed emission limits, and 

1990 E. Gettysburg Ave. 

-2- Resolution for Proposed 

Amendments to Rule 4905 

Fresno, CA 93726 

. (559) 230-6000 
SJVUAPCD 

SJVUAPCD Governing Board 

ADOPT PROPOSED AMENDMENTS TO RULE 4905 (NATURAL GAS-FIRED, FAN-TYPE CENTRAL 

FURNACES) 

January 22, 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 of 2.10 tons per day of 

4 NOx emissions upon full turnover of existing units; and 

5 WHEREAS, a public hearing for the adoption of proposed amendments to Rule 4905 

6 was duly noticed for January 22, 2015 in accordance with CH&SC §40725. 

7 NOW, THEREFORE, BE IT RESOLVED AS 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 January 22, 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 public testimony in accordance with 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 of the SIP and requirements of the federal 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 2013 Plan for the Revoked 1-Hour Ozone Standard. 

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

24 said rulemaking under CH&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 by said rule. 

1990 E. Gettysburg Ave. 

-3- Resolution for Proposed 

Amendments to Rule 4905 

Fresno, CA 93726 

(559) 230-6000 
SJVUAPCD 

SJVUAPCD Governing Board 

ADOPT PROPOSED AMENDMENTS TO RULE 4905 (NATURAL GAS-FIRED, FAN-TYPE CENTRAL 

FURNACES) 

January 22, 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 or federal regulations. 

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

5 impose the same requirements as any existing state or federal 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 associated with the proposed rulemaking. 

12 5. The Governing Board finds that, because this rulemaking will have no possible 

13 significant adverse effect on 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 of amendments to Rule 4905. 

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

21 Exemption with the County Clerks of each of the counties in the District. 

22 7. The Executive Director/Air Pollution Control Officer is directed to file with all 

23 appropriate agencies certified copies of this resolution and the rule adopted herein and 

24 is directed to maintain a record of this 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 to the California Air Resources Board for incorporation into the SIP. 

1990 E. Gettysburg Ave. 

-4- Resolution for Proposed 

Amendments to Rule 4905 

Fresno, CA 93726 

(559) 230-6000 
SJVUAPCD 

SJVUAPCD Governing Board 

ADOPT PROPOSED AMENDMENTS TO RULE 4905 (NATURAL GAS-FIRED, FAN-TYPE CENTRAL 

FURNACES) 

January 22, 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 not alter the substantive requirements of the 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 of January 2015, to wit: 

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24 ATTEST: 

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Deput Clerk of the 

AYES: Bomprezzi; Brazil, Capitman, Elliott, Hanson, 

Mendes, 0 Brien, Pedersen, Sherriffs, Walsh, 

Worthley, Wheeler 

NOES: None 

ABSENT: Baines, Couch 

SAN JOAQUIN VALLEY UNIFIED 

AIR POLL J ION NTROL DISTRICT 

Wheeler, Chair 

overning Board 

1990 E. Gettysburg Ave. 

Fresno, CA 93726 

(559) 230·6000 

-5- Resolution for Proposed 

Amendments to Rule 4905