RESOLUTION 2014·04 BEFORE THE BOARD OF DIRECTORS OF BUTTE COUNTY AIR QUALITY MANAGEMENT DISTRICT STATE OF CALIFORNIA

Resolution 2014-04

... ... .... .... .. .. .. ....... .. ............. .. .. ....... ...... ... ...... .. .. .. .. .... .... ... ...... .... .. ) Adopt Proposed Amended Rule 101-Definitions, ........ ..... ... .. .......... ................ .. .... ) Adopt Proposed Amended Rule 400-Permit Requirements,

...... .......... .. .... .. .. ........) Adopt Proposed Amended Rule 401-Permit Exemptions, ............................ ...... .. .) Adopt Proposed Amended Rule 432-Federa/New Source Review (FNSR), and

.. . ) Adopt Proposed Amended Rule 433-Rice Straw Emission Reduction Credits

......) WHEREAS , the Butte County Air Quality Management District Board obtains its authority to adopt, amend, or repeal rules and regulations from California Health and Safety Code Sections 40000 , 40001, 40701, 40702 ; AND WHEREAS, the Butte County Air Quality Management District Board has determined that the proposed amended rules are written such that the meaning can be understood by the persons directly affected by it (Health and Safety Code Section 40727(b)(3));
AND WHEREAS, the Butte County Air Quality Management District Board has determined that the proposed amended rules adopted herein is in harmony with , and not in conflict with or contradictory to existing statutes, court decisions , or state or federal regulations (Health and Safety Code Section 40727(b)(4)) ; AND WHEREAS , the Butte County Air Quality Management District Board has determined that proposed amendments to Rules 101-Definitions, Rule 400

-Permit Requirements, Rule 401-Permit Exemptions, Rule 432-Federa/ New Source Review (FNSR), and Rule 433-Rice Straw Emission Reduction Credits are necessary to streamline and clarify the existing rules to ensure they contain the necessary program elements as required by the federal Clean Air Act prior to re-submittal for State Implementation Plan approval ; AND WHEREAS , the Butte County Air Quality Management District Board has determined that proposed amendments to Rule 400-Permit Requirements are necessary to remove references to rules not intended for SIP submittal , clarify public notice thresholds and ensure the APCO considers comments prior to issuing a permit, include air quality analysis requirements previously included in the federal New Source Review rule, and to move and delete sections more appropriately located in the New Source Review rule; AND WHEREAS , the Butte County Air Quality Management District Board has determined that Sections 4.4.7 , 4

.11 , 5

.2

.4

.5, 5

.3, 5

.4, 5.6, 5.7, and 5

.8 of Rule 400 are applicable to local and State requirements and are not be included in the federal SIP submittal ; AND WHEREAS , the Butte County Air Quality Management District Board has determined proposed amendments to Rule 401-Permit Exemptions are necessary to include applicable thresholds in non-SIP rules and remove an unintended application requirement for insignificant sources , and provide an intermediate threshold for e x

emption review and determination ;

Resolution 2014-04 (April24 , 2014) Page 1of 3AND WHEREAS, the Butte County Air Quality Management District Board has determined that the proposed amendments to Rule 432-Federa/New Source Review (FNSR) are necessary to ensure all major and major modifications to sources meet the applicable federal requirements prior to obtaining a permit, to include specific definition and requirements to meet all Clean Air Act program requirements and to move requirements of the existing rule to more appropriate sections of Rule 400-Permit Requirements;
AND WHEREAS, the Butte County Air Quality Management District Board has determined that the proposed amendments to Rule 433-Rice Straw Emission Reduction Credits are necessary to ensure credits issued under this rule are only federally applicable in located in the nonattainment areas; AND WHEREAS, the Butte County Air Quality Management District Board has determined that the proposed amended Rules 101-Definitions, Rule 400-Permit Requirements, Rule 401-Permit Exemptions, , and Rule 433-Rice Straw Emission Reduction Credits do not duplicate local , state or federal rules or regulations for permitting programs ; AND WHEREAS, the Butte County Air Quality Management District Board has determined that the portions of the proposed amended Rule 432-Federa/ New Source Review (FNSR) duplicates federal rules or regulations for permitting programs and the duplicative requirements are necessary in order to execute the powers and duties imposed upon the District;
AND WHEREAS, the District staff has made notice of and held a public workshop meeting on the proposed amended Rules on April 3, 2014 and received no public comments on the proposed amended rules;
AND WHEREAS, the Butte County Air Quality Management District Board conducted public hearing on April 24 , 2014 concerning the proposed amended rules herein ; THEREFORE, BE IT RESOLVED, that the Butte County Air Quality Management District Board hereby adopts proposed amendments to Rules 101-Definitions , Rule 400-Permit Requirements, Rule 401-Permit Exemptions, Rule 432-Federa/New Source Review (FNSR), and Ru le433-Rice Straw Emission Reduction Credits with an effective date of April 24 , 2014, as proposed in the attachments to the March 25, 2014 Staff Report released for Public Workshop with typographical , formatting , and other changes as noted in the Staff Report released for Board Adoption Hearing including Potential to Emit definition in Rule 101, indicating Rule 400 Section 4.4.7 is not intended for SIP submittal, Rule 400 Section 4.5 clarifying the public notice threshold is for each AAQS pollutant (except for Carbon Monoxide which is set at 50 TPY), and Rule 401 Section 2

.6 removal since methodologies are changing and APCO has this authority in Section 2.3;
BE IT FURTHER RESOLVED, that the Butte County Air Quality Management District Board directs staff to prepare the designated portions of Rules 101-Definitions, Rule 400-Permit Requirements, Rule 401-Permit Exemptions, Rule 432-Federa/New Source Review (FNSR), and Rule 433-Rice Straw Emission Reduct i on Credits for submittal into the federal ozone and PM2

.5 nonattainment, if applicable , State Implementation Plans as noted in the Staff Report for Board Adoption Hearing. On Motion of Councilmember Ritter, Seconded by Supervisor Connelly, the foregoing resolution is hereby PASSED AND ADOPTED BY THE Air Quality Management District Board of Directors on this 24th day of April , 2014 by the following:

Resolution 2014-04 (April24, 2014) Page 2of 3AYES :

NOES: ABSTAIN: ABSENT: Supervisor Kirk, Supervisor Teeter, Supervisor Connelly (seconded), Councilmember Ritter (motioned) , Councilmember Bunker, Councilmember Culleton , Councilmember Busch None None Supervisor Lambert, Supervisor Wahl , Councilmember Fitcher, Councilmember Thompson

es Wago r,Air Pollution Control Officer Butte County Air Quality Management District

1 hereby attest thatthis is atrue and correct copy ofthe action taken by the Butte County Air Quality Management District Board of D irectors on April24,2014

ATTEST:

# ~111**~** Cora Coftins,Clerk ofthe Governing Board

Resolution 2014

- 04 (April 24, 2014) Page 3of 3