RESOLUTION 13-10 

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A RESOLUTION OF THE GOVERNING BOARD OF THE ANTELOPE VALLEY AIR 

QUALITY MANAGEMENT DISTRICT MAKING FINDINGS, CERTIFYING THE NOTICE OF 

EXEMPTION, AMENDING RULE 1130 - GRAPHIC ARTS AND RESCINDING RULE 1128 -

PAPER, FABRIC AND FILM COATING OPERATIONS AND DIRECTING STAFF ACTIONS. 

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4 On November 19, 20 13, on motion by Member LAWSON, seconded by Member DISPENZA, and 

5 carried, the following resolution is adopted: 

6 WHEREAS, the Antelope Valley Air Quality Management District (AVAQMD) has authority 

7 pursuant to California Health and Safety Code (H&S Code) §§40702, 40725-40728 to adopt, amend or 

8 repeal rules and regulations; and 

9 WHEREAS, on July 1, 1997 the Antelope Valley Air Pollution Control District (AV APCD) was 

IO created pursuant to statute (former H&S Code §40106, A.B. 266-Knight Ch. 542, statutes of 1996) and 

11 assumed all air pollution control responsibilities from the South Coast Air Quality Management District 

12 (SCAQMD) for the area of Los Angeles County outside the South Coast Air Basin (SCAB); and 

13 WHEREAS, the SCAQMD rules in effect within the jurisdiction of the AV APCD remained in 

14 effect until the AV APCD Governing Board superseded, amended or rescinded them; and 

15 WHEREAS, on January 1, 2002 the AVAQMD was created pursuant to statute (H&S Code 

16 §41300 et seq.) to replace the AV APCD; and 

l 7 WHEREAS, once again the rules in effect at the time of the change remained in effect until the 

18 AV AQMD Governing Board superseded, amended or rescinded them; and 

19 WHEREAS, the SCAQMD last amended both Rule 1128 and Rule 1130 on March 8, 1996 and 

20 these are the current versions in the AV AQMD rulebook; and 

21 WHEREAS, the AVAQMD is proposing to amend Rule 1130 - Graphic Arts, incorporate the 

22 applicable provisions of Rule 1128 - Paper, Fabric, and Film Coating Operations into Rule 1130, and to 

23 rescind Rule 1128; and 

24 WHEREAS, the proposed amendments expand the applicability of the rule; updates definitions; 

25 updates VOC content limits for different graphic arts product categories; updates VOC emission control 

26 system limits; updates solvent cleaning operation limits; and, updates exemptions, recordkeeping and test 

2 7 methods; and 

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RESOLUTION 13-10 

WHEREAS, former H&S Code §39614(0) (expired by its terms January 1, 2011) required the 

2 AV AQMD to adopt the most readily available, feasible and cost-effective local control measures for 

3 Particulate Matter (PM) as contained on a list developed by the California Air Resources Board (CARB); 

4 and 

5 WHEREAS, CARB identified on its list of local control measures the "Coating Operations: 

6 Paper, Fabric, and Film Coating Operations" (referenced measure #76) strategy of specifying VOC 

7 content of applicable coatings, drying and curing processes, application methods and cleaning 

8 requirements; and 

9 WHEREAS, CARB identified on its list of local control measures the "Coating Operations: 

1 O Graphic Arts" (referenced measure #70) strategy of limiting VOC content of products to between 150-300 

I I g/L or by installing a control device; and 

12 WHEREAS, the AVAQMD analyzed these two local control measures for availability, feasibility 

13 and cost effectiveness: and 

14 WHEREAS, the proposed amendments to Rule 1130 and the rescission of Rule 1128 make the 

15 changes necessary to implement the results of this analysis; and 

16 WHEREAS, additionally, the FCAA requires areas designated non-attainment and classified 

17 moderate and above to implement Reasonably Available Control Technology (RACT) for sources subject 

18 to Control Techniques Guidelines (CTG) documents issued by United States Environmental Protection 

19 Agency (USEPA) for "major sources" of VOCs and oxides of nitrogen (NOx) which are ozone 

20 precursors; and 

21 WHEREAS, the AV AQMD adopted the 8-Hour Reasonably Available Control Technology -

22 State Implementation Analysis (RACT SIP Analysis) in August 2006; and 

23 WHEREAS, in this document the AV AQMD identified that this rule had been deemed RACT 

24 and proposed no further action was required as a result of the RACT SIP Analysis; and 

25 WHEREAS, in RACT SIP correspondence from USEP A September 11, 2006, it was noted that 

26 " .. . on August 4, 2006, EPA proposed four new CTGs covering lithographic printing materials, letterpress 

27 printing materials, flexible packaging materials, flat wood paneling coatings, and industrial cleaning 

28 solvents. While the current RACT SIP analysis does not need to address these new CTGs, the notice 

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RESOLUTION 13-10 

points out that States (and local air districts) should submit their SIP revisions within one year of the date 

2 the CTOs are finalized."; and 

3 WHEREAS, in September, 2006, USEPA adopted new CTGs covering lithographic printing 

4 materials, letterpress printing materials, flexible packaging printing materials and industrial cleaning 

5 solvents; and 

6 WHEREAS, the proposed amendments to Rule 1130 and rescission of Rule 1128 address federal 

7 RAC'f requirements by implementing the applicable provisions of the new CTG; and 

8 WHEREAS, the proposed amendment of Rule 1 13 0 and the rescission of Rule 1128 are necessary 

9 to satisfy the provisions of former H&S Code §39614( d) which required the adoption ofreadily available, 

l O feasible and cost-effective control measures for PM as well as to satisfy 42 U.S.C. §§751 la (FCAA §182) 

11 which requires that ozone nonattainment areas implement RACT for sources that are subject to CTGs for 

12 major sources of ozone; and 

13 WHEREAS, the AV AQMD has the authority pursuant to H&S Code §40702 to amend rules and 

14 regulations; and 

15 WHEREAS, the proposed amendments to Rule 1130, consolidation of provisions and rescission 

16 of Rule 1128 are clear in that the meaning can be easily understood by the persons impacted by the rule; 

17 and 

18 WHEREAS, the proposed amendment of Rule 1130 and rescission of Rule 1128 are in harmony 

19 with, and not in conflict with or contradictory to, any state law or regulation, federal law or regulation, or 

20 court decisions; and 

21 WHEREAS, USEP A has issued five CTGs which have an impact on Rule 1128 and 1130: CTG 

22 for Flexible Package Printing (EPA 453/R-06-003, 2006/09); CTG for Offset Lithographic Printing and 

23 Letterpress Printing (EPA 453/R-06-02, 2006/09); CTG for Paper, Film, and Foil Coatings (EPA 453/R24 07-003, 2007/09); CfG for Control of VOCs from Existing Stationary Sources - Volume II; Surface 

25 Coating of Cans, Coils, Paper, Fabrics, Automobiles and Light-Duty Trucks (EPA 450/2-77-008, 

26 1977/05); and, CTG for Control of VOCs from Existing Stationary Sources - Volume III: Graphic Arts27 Rotogravure and Flexography (EPA 450/2-78-033, 1978/12) which are not in conflict or inconsistent with 

28 the with the proposed amendments to Rule 1130, consolidation of provisions and rescission of Rule 1128; 

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RESOLUTION 13-10 

and 

2 WHEREAS, there are two Federal New Source Performance Standards (NSPS) that apply to the 

3 subject matter addressed by Rules 1128 and 1130: 40 CFR 60 Subpart QQ (Standards of Performance for 

4 the Graphic Arts Industry: Publication Rotogravure Printing; and 40 CFR 60 Subpart RR (Standards of 

5 Performance for Pressure Sensitive Tape and Label Surface Coating Operations; and 

6 WHEREAS, the proposed amendments, consolidation and rescission is not in conflict with the 

7 provisions of either NSPS; and 

8 WHEREAS, there are three Maximum Achievable Performance Standards (MACTs) that apply to 

9 graphic arts; Subpart KK (National Emission Standards for the Printing and Publishing Industry); Subpart 

10 0000 (Fabric Printing, Coating and Dyeing); and, Subpart JJJJ (National Emissions Standards for 

11 Hazardous Air Pollutants: Paper and other Web Coating); and 

12 WHEREAS, the proposed amendments, consolidation and rescission is not in conflict with the 

13 MACT standards; and 

14 WHEREAS, the proposed amendment of Rule 1130, consolidation of provisions and the 

15 rescission of Rule 1128 does not impose the same requirements as an existing state or federal law or 

16 regulation because the District is adopting this rule in response to fo1mer H&S Code §39614( d) and 

17 federal VOC RACT requirements; and 

18 WHEREAS, the proposed amendment of Rule 1130, consolidation of provisions and the 

19 rescission of Rule 1128 are needed to satisfy the provisions of former H&S Code §39614(d) which 

20 required the adoption of readily available, feasible and cost-effective control measures for PM as well as 

21 to satisfy 42 U.S.C. §§751 la (FCAA §182) which requires that ozone nonattainment areas implement 

22 RACT for sources that are subject to CTGs for major sources of ozone; and 

23 WHEREAS, a public hearing has been properly noticed and conducted, pursuant to H&S Code 

24 §40725, concerning the proposed amendment of Rule 1130 and the rescission of Rule 1128; and 

25 WHEREAS, notice for the public hearing for the proposed amendment of Rule 1130 and the 

26 rescission of Rule 1128 was published 08/16/2013 for the 09/17/2013 Governing Board meeting; and 

27 WHEREAS, this action was continued to the 10/15/2013 and then the 11/19/2013 Governing Board 

28 meeting to address USEP A comments and allow for further industry review and comment; and 

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RESOLUTION 13-10 

WHEREAS, a Notice of Exemption, a Categorical Exemption (Class 8, 14 CCR §15308) for the 

proposed amendment of Rule 1 I 30 and the rescission of Rule 1128, completed in compliance with the 

California Environmental Quality Act (CEQA), has been presented to the AVAQMD Board; each 

member having reviewed, considered and approved the information contained therein prior to acting on 

the proposed amendment of Rule 1130 and the rescission of Rule 1128, and the AV AQMD Board having 

determined that the proposed amendments will not have any potential for resulting in any adverse impact 

upon the environment; and 

WHEREAS, the Board has considered the evidence presented at the public hearing; and 

NOW, THEREFORE, BE IT RESOLVED, that the Governing Board of the AV AQMD finds 

that the proposed amendment of Rule 1130 - Graphic Arts and the rescission of Rule 1128 - Paper, 

Fabric, and Film Coating Operations are necessary, authorized, clear, consistent, non-duplicative and 

properly referenced; and 

BE IT FURTHER RESOLVED, that the Governing Board of the AV AQMD hereby makes a 

finding that the Class 8 Categorical Exemption (14 CCR § 15308) applies and certifies the Notice of 

Exemption for the proposed amendment of Rule 1130 and the rescission of Rule 1128; and 

BE IT FURTHER RESOLVED, that the Board of the AV AQMD does hereby adopt, pursuant to 

the authority granted by law, the proposed amendment of Rule 1130 and the rescission of Ruic 1128, as 

set forth in the attachments to this resolution and incorporated herein by this reference; and 

BE IT FURTHER RESOLVED, that this resolution shall take effect immediately upon adoption, 

that the Clerk of the Board is directed to file the Notice of Exemption in compliance with the provisions 

ofCEQA. 

PASSED, APPROVED AND ADOPTED by the Governing Board of the Antelope Valley Air Quality 

Management District by the following vote: 

AYES:5 MEMBER: CRIST, LAWSON, DISPENZA, MANN, HAWKINS 

MEMBER: 

MEMBER:LEDFORD, CHELETTE 

MEMBER: 

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RESOLUTION 13-10 

STATE OF CALIFORNIA 

SS: 

2 COUNTY OF LOS ANGELES 

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I, Crystal Goree, Deputy Clerk of the Governing Board of the Antelope Valley Air Quality 

Management District, hereby certify the foregoing to be a full, true and correct copy of the record of the 

action as the same appears in the Official Minutes of said Governing Board at its meeting of November 

19, 2013. 

rk o t ioverning Board, 

alley Air Quality Management District. 

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