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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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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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 theFederal Negative Declarations for 20 CTG Source Categorieswas 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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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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action as the same appears in the Official Minutes of said Governing Board at its meeting ofJuly 21, 2015. J2,9 Deputy Cferk of t e'Governing

- Board, Antelope Valley Air Quality Management District.

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