02/24/2010 APCD 1 AIR POLLUTION CONTROL BOARD SAN DIEGO COUNTY AIR POLL UTION CONTROL DISTRICTS WEDNESDAY, FEBRUARY 24, 2010

MINUTE ORDER NO. 1

SUBJECT: NOTICED PUBLIC HEARING: ADOPTION OF RULE 66.1 –MISCE LLANEOUS SURFACE COATING OPERATIONS AND OTHER PROC ESSES EMITTING VOLATILE ORGANIC COMPOUNDS AND REPEAL OF EXISTING RULE 66 – ORGANIC SOLVENTS (DISTRICTS: ALL)

OVERVIEW: Volatile organic compounds emitted into the atmosphere contribute to formation of ozone, a major component of smog. San Diego County does not yet attain State a nd federal air quality standards for ozone.

Rule 66, initially adopted in 1972, was the first rule to control emissions of volatile organic compounds from stationary sources in San Diego C ounty. It is presently used as a "catch-all" regulation for a variety of industrial operations that are not controlled by other air pollution control rules, including golf club manufacturing, plastic, gla ss and rubber coating operations, soil remediation, asbestos removal, and other ope rations using materials that contain volatile organic compounds. However, Rule 66 has beco me outdated. In addi tion, Rule 66 no longer satisfies the federal requirement for Reasona bly Available Control Technology or the State requirement to implement all feasible measur es to reduce volatile or ganic compound emissions. Therefore, the Air Pollution Control District requests to replace Rule 66 with proposed new Rule 66.1 in order to include a current defi nition of volatile organic compounds, provide emission limits for cleaning materials used for surface preparation and coating equipment cleaning, and specify record k eeping requirements for users and manufacturers of such materials. After adoption, new Rule 66.1 will be submitted to the Environmental Protection Agency to replace Rule 66 in the San Diego County portion of the federally approved State Implementation Plan.

Staff conducted substantial outreach to affect ed facilities and industr ial groups to ensure development of a balanced proposal. The proposed new rule includes exemptions in response to documented feasibility issues for specific ope rations. All known issues have been addressed.

FISCAL IMPACT: The proposed new Rule 66.1 will be implemented a nd enforced with existing staff and will not have a significant fiscal impact on the Air Pollution Control District.

BUSINESS IMPACT STATEMENT: Adopting Rule 66.1 will not a dversely impact the business co mmunity. Compliant cleaning solvents are widely available a nd many of them cost the same or less than conventional organic solvents. The majority of aff ected businesses are already using compliant cleaning materials. The socioeconomic impact assessment conduc ted by the San Diego County Air Pollution02/24/2010 APCD 2 Control District shows that the proposed rule w ill not have a detrimental impact on affected industries.

RECOMMENDATION: AIR POLLUTION CONTROL OFFICER 1. Find that the adoption of Rule 66.1 and repeal of Rule 66 are cat egorically exempt from the provisions of the California E nvironmental Quality Act pursua nt to California Code of Regulations, Title 14, Section 15308, as an acti on taken to assure the protection of the environment, where the regulatory process involves procedures fo r protection of the environment, and pursuant to California Code of Regulations Title 14, Section 15061(b)(3), since it can be seen with certainty that ther e is no possibility that the activity in question may have a significant effect on the environment.

2. Adopt the resolution entitled Resolution Rep ealing Existing Rule 66 and Adding New Rule 66.1 into Regulation IV of the Rules and Regulations of the San Diego County Air Pollution Control District.

ACTION: ON MOTION of Member Cox, seconded by Member Roberts, the Air Pollution Control Board of the San Diego County Air Pollution Cont rol District took action as recommended, on Consent, adopting Resolution No. 10-029, entitled: RESOLUTION ADOPTING NEW RULE 66.1 – MISCELLANEOUS SURFACE COATING OPERATIONS AND OTHER PROCESSES EMITTING VOLATILE ORGANI C COMPOUNDS AND REPEAL OF RULE 66 – ORGANIC SOLVENTS OF RE GULATION IV OF THE RULES AND REGULATIONS OF THE SAN DIEGO COUNT Y AIR POLLUTION CONTROL DISTRICT.

AYES: Jacob, Cox, Slater-Price, Roberts, Horn

- - - State of California) County of San Diego) § I hereby certify that the foregoing is a full, true and correct copy of the Original entered in the Minutes of the Air Po llution Control Board.

THOMAS J. PASTUSZKA Clerk of the Air Pollution Control Board

By_____________________________ Marvice E. Mazyck, Deputy