15-04 RESOLUTION 

A RESOLUTION OF THE GOVERNING BOARD OF THE ANTELOPE VALLEY AIR 

QUALITY MANAGEMENT DISTRICT MAKING FINDINGS, CERTIFYING THE NOTICE OF 

EXEMPTION, ADOPTING THE FEDERAL NEGATIVE DECLARATIONS FOR TWENTY 

CONTROL TECHNIQUES GUIDELINES SOURCE CATEGORIES AND DIRECTING STAFF 

ACTIONS. 

On July 21, 2015, on motion by Member CRIST, seconded by Member CHELETTE, and carried, 

the following resolution is adopted: 

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

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

repeal rules and regulations; and 

WHEREAS, the AVAQMD Governing Board is being requested to conduct a public hearing, 

make findings, and then adopt a resolution adopting the Federal Negative Declarations for Twenty 

Control Techniques Guidelines Source Categories; and 

WHEREAS, these "Federal Negative Declarations" (FNDs) are different from the Negative 

Declarations associated with the California Environmental Quality Act (CEQA); and 

WHEREAS, 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; and 

WHEREAS, their adoption does not satisfy any other state or federal requirements imposed upon 

the District; and 

WHEREAS, there are no emission reductions associated with this action because it does not 

change any existing rules or regulations; and 

WHEREAS, 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 Control Technique Guidelines (CTG) documents issued by the USEPA for "major 

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

precursors; and 

II 

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15-04 RESOLUTION 

WHEREAS, 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; and 

WHEREAS for purposes of the FCAA, the District has been designated non-attainment for 

ozone and classified as Severe-15 for the new 0.075 ppm 8-hour standard; and 

WHEREAS, as a result of the shift to the 0.075 ppm standard, USEPA is requiring that all nonattainment areas submit an updated RACT SIP Analysis; and 

WHEREAS, the purpose of the RACT SIP Analysis is to ensure that District rules adequately 

address current RACT requirements; and 

WHEREAS, for those source categories not represented within the area designated nonattainment for ozone, USEPA requires the submission of a FND certifying that those sources are not 

present; and 

WHEREAS, the District has existing SIP rules for a several source categories subject to these 

FNDs; and 

WHEREAS, filing a FND does not mean that the District will not subsequently amend its rule 

and update the SIP at a future time; and 

WHEREAS, 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)); and 

WHEREAS, the proposed adoption of the Federal Negative Declarations for Twenty 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 CTG or which meet the definition 

of a major source, USEPA requires the submission of a FND certifying that those sources are not present; 

and 

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

regulations; and 

WHEREAS, the proposed adoption is clear in that the meaning can be easily understood by the 

persons impacted by the Federal Negative Declarations for Twenty Control Techniques Guidelines 

Source Categories; and 

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15-04 RESOLUTION 

WHEREAS, the proposed adoption is in harmony with, and not in conflict with, or contradictory 

to existing statutes, court decisions, or state or federal regulations because this document is required to be 

developed pursuant to the FCAA and the regulations promulgated thereunder; and 

I/ 

WHEREAS, the proposed adoption does not impose the same requirements as any existing state 

or federal regulation because federal law requires the adoption and certification of "Negative 

Declarations" for those source categories not represented within the area designated non-attainment for 

ozone which are covered by a CTG or which meet the definition of a major source; and 

WHEREAS, the proposed adoption is needed because for those source categories not represented 

within the area designated non-attainment for ozone, and covered by a CTG or which meet the definition 

of a major source, USEPA requires the submission of a FND certifying that those sources are not present; 

and 

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

§40725, concerning the proposed adoption of the Federal Negative Declarations for Twenty Control 

Techniques Guidelines Source Categories; and 

WHEREAS, the public hearing to consider the adoption of the Federal Negative Declarations for 

20 CTG Source Categories was originally noticed for the May 19, 2015 Governing Board meeting; and 

WHEREAS, the AVAQMD received substantive comments from USEPA and continued the 

hearing to June 16, 2015 and again to July 21, 2015 to address the comments; and 

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

proposed adoption of the Federal Negative Declarations for Twenty Control Techniques Guidelines 

Source Categories, completed in compliance with the California Environmental Quality Act (CEQA), has 

been presented to the Governing Board of the AVAQMD; each member having reviewed, considered and 

approved the information contained therein prior to acting on the proposed adoption of the Federal 

Negative Declarations for Twenty Control Techniques Guidelines Source Categories, and the AVAQMD 

Board having determined that the proposed adoption will not have any potential for resulting in any 

adverse impact upon the environment; and 

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15-04 RESOLUTION 

WHEREAS, the Governing Board of the AVAQMD has considered the evidence presented at the 

public hearing; and 

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

that the proposed adoption of the Federal Negative Declarations for Twenty Control Techniques 

Guidelines Source Categories is 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 Exemption (14 CCR §15308) applies and certifies the Notice of 

Exemption for the proposed adoption of the Federal Negative Declarations for Twenty Control 

Techniques Guidelines Source Categories; and 

BE IT FURTHER RESOLVED, that the Governing Board of the AVAQMD does hereby adopt, 

pursuant to the authority granted by law, the proposed adoption of the Federal Negative Declarations for 

Twenty Control Techniques Guidelines Source Categories, 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 

of CEQA. 

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

Management District by the following vote: 

AYES: MEMBER: CRIST, HAWKINS, CHELETTE, UNDERWOOD-JACOBS 

NOES: MEMBER: 

ABSENT: MEMBER: LEDFORD, DISPENZA, LAWSON, MANN 

ABSTAIN: MEMBER: 

STATE OF CALIFORNIA 

SS: 

COUNTY OF LOS ANGELES 

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

Management District, hereby certify the foregoing to be a fil.11, true and correct copy of the record of the 

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15-04 RESOLUTION 

action as the same appears in the Official Minutes of said Governing Board at its meeting of July 21, 

2015. 

J2,9 

Deputy Cferk of t e'Governing-Board, 

Antelope Valley Air Quality Management District. 

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