RESOLUTION NO. 2005-32

A Resolution of the South Coast Air Quality Management District Governing Board (AQMD Governing Board) certifying the Final Environmental Assessment for Proposed Amended Rule 1118 

### - Control of Emissions

from Refinery Flares. A Resolution of the AQMD Governing Board adopting Amended Rule 1118

### - Control of Emissions from Refinery Flares. WHEREAS, the AQMD Governing Board has determined with certainty that Proposed

Amended

Rule 1118

- Control of Emissions

from Refinery Flares,is a "project" pursuantto the terms of the California EnvironmentalQuality Act (CEQA); and WHEREAS, the AQMD hashad its regulatoryprogram certified pursuant to Public Resources

Code §21080.5

and has conducted

CEQA review pursuant

to such program(AQMD Rule 110);and WHEREAS, AQMD staff has prepared a Draft Environmental Assessment (EA) pursuant to its certified regulatory program and state CEQA Guidelines § 15252 setting forth the potential environmental consequences of Proposed Amended

Rule 1118



### - Control of Emissions

from Refinery

Flares; and WHEREAS, the Draft EA was circulated for public review, comments received were responded

to, anda Final EA hasbeen prepared;

and WHEREAS, the adequacy of the Final EA, including responsesto comments,has been detennined by the AQMD Governing Board prior to its certification;and WHEREAS, a Mitigation Monitoring Plan pursuantto Public Resources Code§21 081.6,has not been

prepared sinceno mitigation measures arenecessary; and WHEREAS, the AQMD Governing Board voting on Proposed Amended Rule 111,8

- Control of Emissions

from Refinery Flares,

hasreviewed,

considered, andhereby

certifiesthe Final EA; and WHEREAS, the Governing Board finds and detennines, taking into consideration

the factorsin §(

d)( 4 )(D) of the GoverningBoard Procedures, thatthe modifications adopted which have been made to PAR 11118 

### - Control of Emissions

from Refinery Flares,since notice of public hearingwas publisheddo



### .3

-not significantly change the meaningof the proposed role within the meaning of Health and Safety Code §40726 and would not constitute significant new infomlation requiring recirculation of the Draft CEQA documentpursuant to CEQA Guidelines

§ 15088.5;

and WHEREAS, the AQMD Governing Board has detennined that the Socioeconomic Impact Assessment and Final Staff Report of the Proposed AmendedRule 1118 - Control of Emissions from Refinery Flares,is consistent with the Governing Board March 17, 1989and October 14, 1994resolutionsand the provisionsof Health and SafetyCode Sections 40440.8, 40728.5and40920.6; and WHEREAS, the AQMD Governing Board has determined that the Proposed AmendedRule 1118

### - Control of Emissions from Refinery Flares,will result in increased

coststo industry, yet is considered cost-effective

with a oosteffectiveness

as descnoedin the Socioeconomic Impact Assessment

and Staff Report;and WHEREAS, the AQMD Governing Board has actively considered the Socioeconomic Impact Assessment and has made a good faith effort to minimize such impacts; and WHEREAS, the AQMD Governing Board has reviewed and considered the staffs findings related to cost and employment impacts of the Proposed Amended Rule 1118 - Control of Emissions from Refinery Flares, set forth in the Socioeconomic Impact Assessment and Final Staff Report made public with the agenda package for this meeting, and hereby find and determines that cost and employment impacts are as set forth in that assessment; and WHEREAS, the AQMD Governing Board has determined that a need existsto adopt the Proposed Amended Rule 1118 

### - Controlof Emissions from Refinery Flares,to reduce sulfur dioxide and other criteria pollutants from flare events at petroleumfacilities by implementingStep II of Control MeasureCMB07 of the 1999and2003 AQMP andto achieve federalPM10 andozone standards in 2006 and2010 respectively; and WHEREAS, the AQMD Governing Board of the SouthCoast Air Quality Management

District obtains its authority to adopt, amend or repeal rules and regulations

from Sections

39002,40000,40001,40440,40441,40702,41508 and 41700 of the California Health and Safety Code;and

-14.-WHEREAS, the AQMD Governing Board has determined that Proposed Amended

Rule 1118

### - Control of Emissions from Refinery Flares,asproposed to be adopted

is written or displayed

so that its meaningcan be easily understood by thepersons

directly affected

by it; and WHEREAS, the AQMD Governing Board has determined that Proposed Amended Rule 1118 - Control of Emissions from Refinery Flares,as proposed to be adopted

is in harmony

wi~ andnot in conflict with or contradictory to, existing federal or state statutes, court decisions,

or regulations;

and WHEREAS, the AQMD Governing Board has determined that that Proposed

Amended Rule 1118

### - Controlof Emissions from Refinery

Flares, as proposed to be amended

doesnot imposethe samerequirements as any existing state or federalregulationandthe proposed role is necessary

andproperto execute the powers

anddutiesgranted

to, and imposed

uponthe AQMD; and 

### WHEREAS, the AQMD Governing Boardhas dete1111ined

that Proposed Amended

Rule 1118- Control of Emissions from Refinery Flares,asproposed to be amended, references the following statutes which the AQMD hereby implements, interprets or makes specific: California Health and Safety Code sections 41700 (Nuisance),

40440(a) (Rules to Implement Plan), 40440(b) (Best Available Retrofit Technology) and Title 42 V.S.C. Section 7502(c)(I) (Reasonably

Available ControlTechnology); and WHEREAS, the AQMD Governing Board has detennined that there is a problemthat Proposed

Amended

Rule 1118will help alleviate,i.e., the Basin does not meetthe ambientair quality standards for ozone,PMI0 and PM2.5 standards, and the Proposed

Amended

Rulewill promoteattainment of these standards;

and 

### WHEREAS,

a public hearinghasbeenproperly noticed in accordance with the provisionsof Health andSafety CodeSection

40725;and WHEREAS, the AQMD Governing Board has held a public hearing in accordance

with all provisionsof law; and WHEREAS, the AQMD Governing Board specifies the manager of Proposed AmendedRule 1118



### - Control of Emissions

from Refinery Flares,

asthe custodianof the documentsor other materials which constitute the record of proceedings

upon which the adoption of this proposed

amendment

is based, which are located at the South Coast Air Quality Management District, 21865 Copley Drive, Diamond Bar, California; and

-15-WHEREAS, the AQMD Governing Board has detemrined that Proposed

Amended Rule 1118 - Control of Emissions from Refinery Flares, should be adopted instead of the more stringent option of recovering all vent gasesrouted to flares except for emergency vent gasesbecausethe incremental cost effectiveness of the more stringent option exceeds $155,918 per ton of sulfur dioxide reduced; and 

### WHEREAS,

that the AQMD Governing Board hereby directs staff to work closely with Western States Petroleum Association and its members and other interested parties in conducting a pilot program to demonstrate the technical feasibility of total sulfur analyzers; evaluate all data collected from the use of higher heating value analyzersthat may be presentedby industry; and, no later than December 2006, report the results of the pilot program and data analysis, including any recommendations relative to these analyzers, to the Stationary Source Committee; and WHEREAS, that the AQMD Governing Board hereby directs staff. to provide annual status reports on overall industry perfOmlance and updates on annual sulfur dioxide performance targets exceedances to the Stationary Source Committee and to develop the air quality improvement projects to be funded by mitigation fees collected as a result of those exceedances, in cooperation with representativesof both the community impacted and the source of the release; and WHEREAS, that the AQMD Governing Board hereby directs staff to continue to work with industry, community members and other regulatory agencies on community notification procedures and report back to the Governing Board within 12 months and with periodic updatesthereafter; and 

### WHEREAS, that the AQMD Governing Board hereby directs staff to evaluate the feasibility of establishing a daily emission target and the appropriatenessof annual emissions targets and whether any refinements to those targets are wan'anted and report back to the AQMD Governing Board with any recommendations no later than April 2007; and WHEREAS, that the AQMD Governing Board hereby directs staff to evaluatethe use of the data substitution procedures by industry during the first year of implementation of PAR 1118 and report back to the AQMD Governing Board with any recommendations no later than April 2007; and WHEREAS, that the AQMD Governing Board hereby directs staff to evaluatethe Bay Area Air Quality ManagementDistrict Rule 12 

### - Flaresat Petroleum

Refineriesrequirement

to implement Flare Minimization Plansand the resultantinstallation of controls, and the feasibility to implement uninterruptible



### 16

-power to minimize flaring and report back to the AQMD Governing Board with

any recommendations

no laterthanApril 2007; WHEREAS, that the AQMD Governing Board hereby directs staff to review the definition of Essential Operational

Needand report back to fue AQMD Governing

Boardwith anyrecommendations no laterthanApril 2007; and WHEREAS, the AQMD Governing Board has detennined that Proposed Amended Rule 1118 

### - Control of Emissions from Refinery Flares, should be adopted for the reasons

contained

in the Final Staff Report,and
NOW, THEREFORE, BE IT RESOLVED, that the AQMD Governing Board hereby certifies, pursuant to the authority granted by law, the Final EA for ProposedAmended Rule 1118 - Control of Emissions from Refinery Flares, and

BE IT FURTHER RESOLVED, that because no significant adverse environmental impacts were identified as a result of implementing Proposed Amended Rule 1118 - Control of Emissions from Refinery Flares, a Statement of Findings, a Statement of Overriding Considerations, and a Mitigation Monitoring Plan are not required; and

BE IT FURTHER RESOLVED, that the AQMD Governing Board does hereby adopt, pursuant to the authority granted by law, Proposed Amended Rule 1118 - Control of Emissions from Refinery Flares, as set forth in the attached and incorporated herein by reference; and

AYES: AntoDovich, Burke, Carney, LaPisto- Kirtley, Ovitt; Perry, Pulido, Verdugo-Peralta, WilsoD7 andYates. NOES: None. 

### ABSENT: Loveridgeand Silva.

II / ~t .}:1lJ

s--' 

### 5itie -,. / ~u~



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