RESOLUTION 13- 10

2 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. 3 4 On November 19 , 20 13, on motion by Member LAWS ON, 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 (AVAPCD) 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 ofLos 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SCAQMD rules in effect within the jurisdiction of the AV APCD remained in 14 effect until the AV APCD Governing Board superseded, amended or rescinded them; and 1 5 WHEREAS, on January 1, 2002 the AVAQMD was created pursuant to statute (H&S Code 1 6 §41300 et seq.)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once again the rules in effect at the time of the change remained in effect until the 18 AVAQMD Governing Board superseded, amended or rescinded them; and 19 WHEREAS, the SCAQMD last amended both Rule 1128 and Rule 1130 on March 8, 1996 and 20 these are the current versions in the AVAQMD rulebook; and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 27 methods; and 28 

### II

Page 

### 1 of 6RESOLUTION 13-10 WHEREAS, former H&S Code §39614(0) (expired by its terms January 1, 2011) required the 2 AVAQMD 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 #7 6) 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 oflimiting VOC content ofproducts 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 Reasonab ly 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 AVAQMD adopted the 

### 8-Hour Reasonably Available Control Technology

- 22 

### State Implementation Analysis (RACTSIP Analysis) in August 2006; and 23 WHEREAS, in this document the AVAQMD identified that this rule had been deemed RACT 24 and proposed no further action was required as a result ofthe RACT SIP Analysis; and 25 WHEREAS, in RACT SIP correspondence from USEPA September 11, 2006, it was noted that 26 "

.. .

### on August 4, 2006, EPA proposed four new CTGs covering lithographicprinting 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

Page 2 of 6RESOLUTION 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 , letter press printing materials, flexible packaging pr inting 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 ofthe new CTG; and 8 WHEREAS, the proposed amendment of Rule 1 13 0 and the resc ission ofRule 1128 are necessary 9 to satisfy the provisions offormer 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) 1 1 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 AVAQMD 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 1 8 WHEREAS, the proposed amendment of Rule 1130 and rescission of Rule 1 128 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, USEPA has issued five CTGs which have an impact on Rule 1 128 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/R

24 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 Arts

27 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 1 130, consolidation ofprovisions and rescission ofRule 1128;

Page 3 of 6RESOLUTION 13 - 10
and 2 WHEREAS, there are two Federal New Source Performance Standa rds (NSPS) that apply to the 3 subject matter addressed by Rules 1128 and 1130: 40 CFR 60 Subpart QQ (Standards ofPerformance for 4 the Graphic Arts Industry: Publication Rotogravure Print ing; and 40 CFR 60 Subpart RR (Standards of 5 Performance for Pressure Sensitive Tape and Label Surface Coating Opera tions; and 6 WHEREAS, the proposed amendments, consolidation and rescission is not in conflict with the 7 provisions ofeither 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 w ith the 13 MACT standards; and 14 WHEREAS, the proposed amendment of Rule 1130, consolidation of provisions and the 15 rescission of Rule 1 128 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 1 128 are needed to satisfy the provisions of former H&S Code §39614(d) which 20 required the adoption of readi ly 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 ofozone ; and 23 WHEREAS, a public hearing has been properly noticed and conducted, pursuant to H&S Code 24 §40725, concerning the proposed amendment ofRule 1130 and the rescission ofRule 1128; and 25 WHEREAS, notice for the public hearing for the proposed amendment of Rule 1130 and the 26 rescission ofRule 1128 was published 0 8/16/2013 for the 09/17/2013 Governing Board meeting; and 27 WHEREAS, this action was continued to the 10 / 15/2013 and t hen 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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### 24 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 AVAQMD 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 publi c hearing; and NOW, THEREFORE, BE IT RESOLVED, that the Governing Board of the AVAQMD finds t hat 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 AVAQMD hereby makes a finding that the Class 8 Categorical Exempt ion (14 CCR 

### § 15308) applies and certifies the Notice of Exemption for the proposed amendment ofRule 1130 and the rescission ofRule 1128 ; and BE IT FURTHER RESOLVED, that the Board ofthe AVAQMD 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:

Page 5 of 6RESOLUTION 13- 10
STATE OF CALIFORNIA SS : 2 COUNT Y 

### OF LOS ANGELES 3 ) ) ) 

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4 5 6 7 8 9 10 l l 12 13 14 15 16 17 18 19 20 21 22 

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### 28 I, Crystal Goree, Deputy Clerk ofthe Governing Board ofthe Antelope Valley Air Quality Management District, hereby certify the foregoing to be a full, true and correct copy ofthe record ofthe action as the same appears in the Official Minutes of said Governing Board at its meeting ofNovember 19, 2013.

rk o t ioverning Board, alley Air Quality Management District.

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