MINUTES OF THE GOVERNING BOARD 

OF THE ANTELOPE VALLEY AIR QUALITY MANAGEMENT DISTRICT 

LANCASTER, CALIFORNIA 

AGENDA ITEM 8 

DATE: May 19, 2015 

RECOMMENDATION: Conduct a public hearing to consider the adoption of the 

Federal Negative Declarations for Seventeen Control Techniques Guidelines Source 

Categories: Continue hearing to June 16, 2015. 

SUMMARY: The proposed adoption of the Federal Negative Declarations for 17 

Control Techniques Guidelines Source Categories is necessary because for those source 

categories not represented within the area designated non-attainment for ozone, and 

covered by a Control Techniques Guidelines (CTG) or which meet the definition of a 

major source, the United States Environmental Protection Agency (USEPA) requires the 

submission of a Federal Negative Declaration (FND) certifying that those sources are not 

present. Continuation of the proposed action is necessary to address comments received 

from the USEPA. 

BACKGROUND: The FNDs proposed for adoption are different from the Negative 

Declarations associated with the California Environmental Quality Act (CEQA). Instead, 

these FNDs, once adopted by the Governing Board, will serve as official certification to 

the United States Environmental Protection Agency (USEPA) that there are no stationary 

sources or emitting facilities in these categories located within the area designated as 

non-attainment for ozone within the AVAQMD. 

Adoption of the FNDs will satisfy the specific federal requirement described below. 

Their adoption does not satisfy any other state or federal requirements imposed upon the 

District. There are no emission reductions associated with this action because there are 

no sources in these categories within the AVAQMD. 

The Federal Clean Air Act (FCAA) requires areas designated non-attainment and 

classified moderate and above to implement Reasonably Available Control Technology 

(RACT) for sources subject to CTG documents issued by the USEPA for "major sources" 

of volatile organic compounds (VOCs) and oxides of nitrogen (N0x) which are ozone 

precursors. Effective May 27, 2008 (73 FR 16436, March 27, 2008), USEPA lowered 

the primary ozone National Ambient Air Quality Standard (NAAQS) from 0.084 parts 

per million (ppm) to 0.075 ppm. For purposes of the FCAA, the District has been 

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ITEM CONTINUED 

Cc: Tracy Walters 
MINUTES OF THE GOVERNING BOARD 

OF THE ANTELOPE VALLEY AIR QUALITY MANAGEMENT DISTRICT 

LANCASTER, CALIFORNIA 

AGENDA ITEM 8 PAGE 2 

8-hour standard. As a result of the shift to the 0.075 ppm standard, USEPA is requiring that all 

non-attainment areas submit an updated RACT SIP Analysis. The purpose of the RACT SIP 

Analysis is to ensure that District rules adequately address current RACT requirements. For 

those source categories not represented within the area designated non-attainment for ozone, 

USEPA requires the submission of a FND certifying that those sources are not present. These 

FNDs are revisions to the State Implementation Plan (SIP), and consequently they must be 

adopted after public notice and hearing (42 U.S.C. §7410(1), FCAA §110(1 

A Notice of Exemption, Categorical Exemption (Class 8; 14 Cal. Code Reg. §15308) will be 

prepared by the AVAQMD for the adoption of the Federal Negative Declarations for Seventeen 

Control Techniques Guidelines Source Categories pursuant to the requirements of CEQA. 

REASON FOR RECOMMENDATION: Health & Safety Code §§40702 and 40703 require 

the Governing Board to hold a public hearing before adopting rules and regulations. Also, 42 

U.S.C. §7410(1) (FCAA §110(1)) requires that all SIP revisions be adopted after public notice 

and hearing. 

REVIEW BY OTHERS: This item was reviewed as to legal form by Karen Nowak, District 

Counsel and by Eldon Heaston, Executive Director on or before May 4, 2015. 

FINANCIAL DATA: No increase in appropriation is anticipated. 

PRESENTER: Bret Banks, Deputy Director — Antelope Valley Operations