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RESOLUTION NO. 08-16 

A Resolution of the South Coast Air Quality Management District 

Governing Board certifying the Final Environmental Assessment for Proposed 

Rule 2449 – Control of Oxides of Nitrogen from Off-Road Diesel Vehicles. 

A Resolution of the Governing Board to opt-in to Title 13 of the 

California Code of Regulations, Section 2449.3 –Surplus Off-Road Opt-In for NOx 

(SOON) Program and Providing that the SOON Program is mandatory after April 

2, 2009. 

A Resolution of the Governing Board adopting Proposed Rule 2449 - 

Control of Oxides of Nitrogen from Off-Road Diesel Vehicles. 

WHEREAS, the South Coast Air Basin is classified as a “severe-17” 

nonattainment area for ozone (8-hour) with an attainment date of 2021 and 

nonattainment area for fine particulate matter (PM2.5) with an attainment date of 2010, 

and the Coachella Valley is classified as a “serious” ozone (8-hour) nonattainment area 

with an attainment date of 2013, in accordance with federal Clean Air Act; and 

WHEREAS, the South Coast Air Quality Management District 

(SCAQMD) has jurisdiction over the South Coast Air Basin and the desert portion of 

Riverside County known as the Coachella Valley; and

WHEREAS, the SCAQMD is committed to comply with the 

requirements of the federal Clean Air Act; and 

WHEREAS, the SCAQMD Governing Board is committed to achieving 

healthful air in the South Coast Air Basin and all other parts of the District at the earliest 

possible date; and 

WHEREAS, the California Air Resources Board (CARB) and the U.S. 

Environmental Protection Agency (EPA) have the responsibility to control emissions 

from mobile sources, representing a significant fraction of ozone precursor emissions in 

2014; and 

WHEREAS, significant emission reductions must be achieved from 

mobile sources under state and federal jurisdiction for the South Coast Air Basin to 

attain federal air quality standards; and 
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WHEREAS, the SCAQMD Governing Board finds there is a need to take 

immediate action regarding a state of emergency for the South Coast Air Basin to 

address the air quality health crisis; and 

WHEREAS, the SCAQMD Governing Board directs staff to move 

expeditiously to adopt and implement feasible new control measures to achieve longterm reductions while meeting all applicable public notice and other regulatory 

development requirements; and 

WHEREAS, the 2007 Air Quality Management Plan (AQMP) for the 

South Coast Air Basin identifies substantial new emission reductions needed to attain 

the more stringent federal ambient air quality standards for 8-hr ozone and the annual 

fine particulate matter (PM2.5) promulgated by the U.S. EPA; and 

WHEREAS, the 2007 State Implementation Plan (SIP) for the South 

Coast Air Basin adopted by the CARB Board identifies a control measure obtaining 

10.5 tons per day of NOx emission reductions and a control measure to obtain an 

additional 12 tons per day of NOx emission reductions from off-road diesel vehicles by 

2014; and 

WHEREAS, the CARB Board adopted the In-Use Off-Road Diesel

Vehicle regulation (Title 13, California Code of Regulation (CCR), Section 2449 et. 

seq.) on July 26, 2007, which includes provisions that allow air districts to achieve 

additional NOx reductions from in-use off-road heavy-duty diesel vehicles operating 

within its air basin by opting-in to the provisions of Section 2449.3, Title 13, CCR and 

providing incentive funding to fleets that would be required to apply for funds and, if 

received, use the funds to achieve real, quantifiable, and enforceable surplus NOx 

emission reductions; and 

WHEREAS, the final form of Title 13, CCR, Sections 2449 et. seq. is 

subject to a 15-day public comment period prior to submission to the Secretary of State 

for certification; and 

WHEREAS, Title 13, CCR, Section 2449.3 requires air districts to 

declare whether the SOON Program would be mandatory or voluntary after April 2, 

2009; and 

WHEREAS, Title 13, CCR, Section 2449.3 requires air districts to 

develop additional administrative guidelines to implement the regulation; and 

WHEREAS, the Board adopted a Policies and Procedures Manual for 

Administration of the Carl Moyer Program, which contains the SCAQMD’s procedures 
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for selection, implementation, monitoring and enforcement of projects funded by the 

Carl Moyer Program; and 

WHEREAS, the SCAQMD Policies and Procedures Manual for 

Administration of the Carl Moyer Program serves as the basis for the development of 

the additional administrative guidelines necessary to implement the provisions of Title 

13, CCR, Section 2449.3; and 

WHEREAS, a Surplus Opt-in Option for NOx (SOON) Implementation 

Working Group, consisting of affected private industry, federal, state, and local public 

agencies, was formed to solicit input and comments on the development of the 

additional administrative guidelines; and 

WHEREAS, SCAQMD staff has conducted a public workshop, three 

SOON Implementation Working Group meetings, and outreached to over 16,000 

potential affected parties; 

WHEREAS, the SCAQMD Governing Board has determined with 

certainty that Proposed Rule 2449 – Control of Oxides of Nitrogen from Off-Road 

Diesel Vehicles is considered a “project” pursuant to the terms of the California 

Environmental Quality Act (CEQA); and 

WHEREAS, the SCAQMD has had its regulatory program certified 

pursuant to Public Resources Code Section 21080.5 and has conducted CEQA review 

pursuant to such program (AQMD Rule 110); and 

WHEREAS, SCAQMD staff has prepared a draft Environmental 

Assessment (EA) pursuant to its certified regulatory program and CEQA Guidelines 

Section 15252, setting forth the potential environmental consequences of Proposed Rule 

2449 – Control of Oxides of Nitrogen from Off-Road Diesel Vehicles; and 

WHEREAS, the Draft EA was circulated for a 30-day public review and 

comment period between December 20, 2007 and January 18, 2008, no comment letters 

were received relative to the Draft EA analysis, and the Draft EA has been revised such 

that it is now a Final EA; and 

WHEREAS, it is necessary that the adequacy of the Final EA be 

determined by the Governing Board prior to its certification; and 

WHEREAS, the SCAQMD Governing Board voting on Proposed Rule 

2449 – Control of Oxides of Nitrogen Emissions from Off-Road Diesel Vehicles has 

reviewed and considered the Final EA prior to its certification; and 
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WHEREAS, the SCAQMD Governing Board finds that the problem that 

the rule will alleviate is emissions of NOx, which will promote attainment of the 

national and state ambient air quality standards; and 

WHEREAS, a Mitigation Monitoring Plan pursuant to Public Resources 

Code Section 21081.6, has not been prepared since no mitigation measures are 

necessary; and 

WHEREAS, the SCAQMD Governing Board finds and determines, 

taking into consideration the factors in Section (d)(4)(D) of the Governing Board 

Procedures, that the modifications adopted which have been made to Proposed Rule 

2449 – Control of Oxides of Nitrogen Emissions from Off-Road Diesel Vehicles since 

the notice of public hearing was published do not significantly change the meaning of 

the proposed project within the meaning of Health and Safety Code Section 40726 and 

would not constitute significant new information requiring recirculation of the Draft 

CEQA document pursuant to CEQA Guidelines Section 15073.5; and 

WHEREAS, California Health and Safety Code Section 40727 requires 

that prior to adopting, amending or repealing a rule or regulation, the SCAQMD 

Governing Board shall make findings of necessity, authority, clarity, consistency, nonduplication, and reference based on relevant information presented at the public hearing 

and in the staff report; and 

WHEREAS, the SCAQMD Governing Board obtains its authority to 

adopt, amend, or repeal rules and regulations from Sections 39002, 40000, 40001, 

40440, 40441, 40702, 40725 through 40728, 41508, and 41700 of the California Health 

and Safety Code; and 

WHEREAS, the SCAQMD Governing Board has determined that there is 

a problem that Proposed Rule 2449 – Control of Oxides of Nitrogen Emissions from 

Off-Road Diesel Vehicles will help alleviate, i.e., the Basin does not meet federal and 

state ambient air quality standards for ozone and fine particulate matter, and Proposed 

Rule 2449 will promote attainment of these standards; and 

WHEREAS, the SCAQMD Governing Board has determined that a need 

exists to adopt Proposed Rule 2449 – Control of Oxides of Nitrogen Emissions from 

Off-Road Diesel Vehicles, to reduce emissions of nitrogen oxides which is a precursor 

to ozone and fine particulate matter; and 

WHEREAS, the SCAQMD Governing Board has determined that 

Proposed Rule 2449 – Control of Oxides of Nitrogen Emissions from Off-Road Diesel 
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Vehicles, as proposed to be adopted is written or displayed so that its meaning can be 

clearly understood by the persons directly affected by it; and 

WHEREAS, the SCAQMD Governing Board finds that there has been a 

consideration of socioeconomic impacts in this rulemaking and a good faith effort to 

minimize these impacts; and 

WHEREAS, the SCAQMD Governing Board has determined that the

SOON Program does not establish any new emissions or monitoring requirements; and 

WHEREAS, the SCAQMD Governing Board has determined that 

Proposed Rule 2449 – Control of Oxides of Nitrogen Emissions from Off-Road Diesel 

Vehicles, as proposed to be adopted is consistent with, and not in conflict with or 

contradictory to, existing federal or state statutes, court decisions, or regulations; and 

WHEREAS, the SCAQMD Governing Board has determined that 

Proposed Rule 2449 – Control of Oxides of Nitrogen Emissions from Off-Road Diesel 

Vehicles, as proposed to be adopted does not duplicate the requirements of existing state 

or federal regulation and the proposed rule is necessary and proper to execute the 

powers and duties granted to, and imposed upon, the District; and 

WHEREAS, the SCAQMD Governing Board has determined that 

Proposed Rule 2449 – Control of Oxides of Nitrogen Emissions from Off-Road Diesel 

Vehicles, as proposed to be adopted, references the following statutes which the 

SCAQMD hereby implements, interprets or makes specific: Health and Safety Code 

40001(a) (rules to meet air quality standards); 40440(a) (rules to carry out the plan); 

40702 (adoption of rules and regulations); and 

WHEREAS, Health and Safety Code Section 40727.2 requires the 

SCAQMD to prepare a written analysis of existing federal air pollution control 

requirements applicable to the same source type being regulated whenever it adopts, or 

amends a rule, such that the SCAQMD’s analysis of Proposed Rule 2449 is included in 

the staff report; and 

WHEREAS, the SCAQMD Governing Board relies on the economic

analysis performed by CARB in its adoption of Title 13, CCR, Section 2449.3, since 

Proposed Rule 2449 simply references Title 13, CCR, Section 2449.3 in total; and 

WHEREAS, the SCAQMD Governing Board has considered the 

socioeconomic impact assessment conducted by CARB and has made a good faith effort 

to minimize such impacts in the development of the additional administrative 

guidelines; and 
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WHEREAS, the SCAQMD Governing Board has determined that 

Proposed Rule 2449 should be adopted for the reasons contained in the staff report; and 

WHEREAS, a public hearing has been properly noticed in accordance 

with the provisions of Health and Safety Code Section 40725; and 

WHEREAS, the SCAQMD Governing Board has held a public hearing in 

accordance with all provisions of law; and 

WHEREAS, the SCAQMD Governing Board specifies the Assistant 

Deputy Executive Officer of the Mobile Source Division as the custodian of the Rule 

2449 documents or other materials which constitute the record of proceedings upon 

which the adoption of this proposed project is based, which are located at the 

SCAQMD, 21865 Copley Drive, Diamond Bar, California; and 

NOW, THEREFORE, BE IT RESOLVED, that the SCAQMD 

Governing Board hereby certifies, pursuant to the authority granted by law, the Final 

EA for Proposed Rule 2449 – Control of Oxides of Nitrogen Emissions from Off-Road 

Diesel Vehicles.; and 

BE IT FURTHER RESOLVED, that because no significant adverse 

environmental impacts were identified as a result of implementing Proposed Rule 2449 

– Control of Oxides of Nitrogen Emissions from Off-Road Diesel Vehicles, a Statement 

of Findings, a Statement of Overriding Considerations, and a Mitigation Monitoring 

Plan are not required; and 

BE IT FURTHER RESOLVED, that the SCAQMD Governing Board 

does hereby opt-in to Title 13, California Code of Regulation, Section 2449.3 –Surplus 

Off-Road Opt-In for NOx (SOON) Program. 

BE IT FURTHER RESOLVED, that the SCAQMD Governing Board 

does hereby declare that the SOON Program will be mandatory after April 2, 2009. 

BE IT FURTHER RESOLVED, that the SCAQMD Governing Board 

does hereby adopt, pursuant to the authority granted by law, Rule 2449 – Control of 

Oxides of Nitrogen Emissions from Off-Road Diesel Vehicles, as set forth in the 

attached and incorporated herein by reference. 

BE IT FURTHER RESOLVED, that the SCAQMD Governing Board 

does hereby direct staff to submit this Adopting Resolution, which formally opts in to 

Title 13, California Code of Regulations, Section 2449.3 and the Rule 2449 
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Administrative Guidelines as required by Title 13, California Code of Regulation, 

Section 2449.3, to the California Air Resources Board for approval. 

BE IT FURTHER RESOLVED, that the SCAQMD Governing Board 

does hereby direct staff to continue the SOON Implementation Working Group to assist 

in implementing the requirements of Rule 2449 – Control of Oxides of Nitrogen 

Emissions from Off-Road Diesel Vehicles. 

BE IT FURTHER RESOLVED, that the SCAQMD Governing Board 

does hereby direct staff to work with affected off-road diesel vehicle fleets on an 

individual basis to facilitate submittal of compliance plans that demonstrate how fleets 

would comply in harmony with the statewide regulation and the SOON regulation to 

achieve emission reduction benefits to the maximum extent for both regulations. 

BE IT FURTHER RESOLVED, that the SCAQMD Governing Board 

does hereby direct staff to monitor implementation of Rule 2449 and provide an annual 

report on progress in achieving additional NOx emission reductions from off-road diesel 

vehicles to the Governing Board Mobile Source Committee. As part of the annual 

report, or as otherwise needed, staff shall identify any revisions to the Rule 2449 

Administrative Guidelines necessary to address implementation issues that may arise 

including revision of CARB’s applicable regulations. Any revisions to the Rule 2449 

Administrative Guidelines would be considered by the SCAQMD Governing Board 

prior to or at the same time a Program Announcement is released for future funding. 

BE IT FURTHER RESOLVED, that the SCAQMD Governing Board 

hereby directs the Executive Officer to report to the Governing Board at a regularly 

noticed meeting on any substantial changes made to the CARB’s SOON Regulation by 

the California Air Resources Board, and if such substantial changes do occur, the 

Executive Officer shall recommend whether to amend this regulation. In the absence of 

any substantial changes, the Governing Board hereby authorizes the Executive Officer 

to conform this rule to any less non-substantial changes made to CARB’s SOON 

Regulation by the California Air Resources Board. 

AYES: Antonovich, Campbell, Cacciotti, Carney, Loveridge, Lyou, Ovitt, Perry, 

Pulido, Reyes Uranga, Wilson, and Yates. 

NOES: None. 

ABSENT: Burke.