ATTACHMENT D – RESOLUTION

A Resolution of the South Coast Air Quality Management District (AQMD) 

Governing Board Certifying the Final Program Environmental Assessment for 

Proposed Amended Regulation (PAR) XX – Regional Incentive Market Program 

(RECLAIM). 

A Resolution of the Governing Board Amending Proposed Amended Regulation XX 

(Proposed Amended Rule (PAR) 2002 – Allocations for Oxides of Nitrogen (NOx) and 

Oxides of Sulfur (SOx))

WHEREAS, the 2007 AQMP was adopted by the AQMD Governing Board 

in June 2007 and subsequently approved by the California Air Resources Board and 

submitted to the U.S. Environmental Protection Agency for inclusion into the State 

Implementation Plan; and

WHEREAS, the Governing Board finds and determines with certainty that 

the PAR XX (PAR 2002 – Allocations for Oxides of Nitrogen (NOx) and Oxides of Sulfur 

(SOx)) is considered a “project” pursuant to the California Environmental Quality Act 

(CEQA); and

WHEREAS, the AQMD has had its regulatory program certified pursuant to 

Public Resources Code §21080.5 and has conducted CEQA review and analysis pursuant to 

such program (AQMD Rule 110); and

WHEREAS, AQMD staff has prepared a Draft Program Environmental 

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

§15252 and §15168 setting forth the potential environmental consequences of PAR XX 

(PAR 2002 – Allocations for Oxides of Nitrogen (NOx) and Oxides of Sulfur (SOx)); and

WHEREAS, the Draft PEA was released for public review, all comments 

received were responded to, and the Draft PEA has been revised such that it is now a Final 

PEA; and 
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WHEREAS, it is necessary that the adequacy of the Final PEA, including 

responses to comments be determined by the Governing Board prior to its certification; and

WHEREAS, it is necessary that the AQMD prepare a Statement of Findings 

and Statement of Overriding Considerations pursuant to CEQA Guidelines §15091 and 

§15093, respectively, regarding potentially significant adverse environmental impacts that 

cannot be mitigated to insignificance; and a Mitigation Monitoring Plan pursuant to Public 

Resources Code §21081.6, regarding the mitigation included in the Final PEA; and

WHEREAS, the Governing Board prior to voting on PAR XX (PAR 2002), 

has reviewed and considered the Final PEA including responses to comments, prior to its 

certification; and

WHEREAS, the Governing Board finds and determines, taking into 

consideration the factors in §(d)(4)(D) of the Governing Board Procedures, that the 

modifications adopted which have been made to PAR XX (PAR 2002), since notice of 

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

project within the meaning of Health and Safety Code §40726 and would not constitute 

significant new information requiring recirculation of the Draft PEA (CEQA document) 

pursuant to CEQA Guidelines §15088.5; and

WHEREAS, the Governing Board has determined that the socioeconomic 

impact assessment of the PAR 2002 is consistent with the Governing Board March 17, 1989 

and October 14, 1994 resolutions and the provisions of Health and Safety Code §§40440.8, 

40728.5 and 40920.6; and 

WHEREAS, the Governing Board has reviewed and considered the staff's 

findings related to cost and employment impacts of the PAR Regulation XX (PAR 2002) 

set forth in the socioeconomic impact assessment 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
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WHEREAS, the Governing Board has determined that PAR XX (Rule 2002) 

are cost-effective per ton of SOx reduced; and

WHEREAS, the Governing Board has actively considered the socioeconomic 

impact assessment and has made a good faith effort to minimize such impacts; and

WHEREAS, the Governing Board of the South Coast Air Quality 

Management District by adopting this regulation is implementing, interpreting, or making 

specific the provisions of Health and Safety Code §39616(c)(1) (equivalent or less cost 

under RECLAIM compared with command-and-control regulations) and §39616(c)(4) (no 

significant shift from high- to low-skilled jobs); and

WHEREAS, the Governing Board has determined that a need exists to adopt 

the PAR XX (Rule 2002) to implement Control Measure CMB-02 of the 2007 AQMP and 

to reduce SOx and implement BARCT for refinery fluid catalytic cracking units, sulfur 

recovery units/tail gas, sulfuric acid plants, container glass manufacturing plants, cement 

kilns and coal fired boiler at cement manufacturing plants, and coke calciner; and

WHEREAS, the Governing Board of the South Coast Air Quality 

Management District obtains its authority to adopt this proposed amended rule from 

Sections 39002, 39616, 39650, 40000, 40001, 40440, 40440.1, 40702, 41508 and 41700 of 

the California Health and Safety Code; and

WHEREAS, the Governing Board has determined that PAR XX (Rule 2002) 

as proposed is written or displayed so that its meaning can be easily understood by the 

persons directly affected by it; and

WHEREAS, the Governing Board has determined that PAR XX (PAR 2002) 

as proposed is in harmony with, and not in conflict with or contradictory to, existing federal 

or state statutes, court decisions, or regulations; and
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WHEREAS, the Governing Board has determined that PAR XX (PAR 2002) 

as proposed does not impose the same requirements as any 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 Governing Board has determined that PAR XX (PAR 2002) 

as proposed references the following statutes which the AQMD hereby implements, 

interprets or makes specific: Health and Safety Code §40001(a) and (b) (air quality 

standards and air pollution episodes); 40702 (adoption of rules and regulations), §40440(a) 

(rules to carry out plan); §40440(b) (best available retrofit control technology); and Federal 

Clean Air Act Section 172(c)(1) (reasonably available control technology); and

WHEREAS, the AQMD Governing Board has determined that there is a 

problem that the proposed amendments to Regulation XX will alleviate (Health and Safety 

Code §40001(c)). Specifically, the amendments will reduce SOx credits in the market to 

reflect BARCT; and

WHEREAS, the AQMD Governing Board finds, pursuant to Health and 

Safety Code §39616(c)(1), that the proposed amendments to RECLAIM are designed to 

achieve the emissions levels projected to result from implementation of the rules and 

control measures subsumed by RECLAIM and any future air quality measures that would 

otherwise have been adopted as part of the District’s plan for attainment at equal or less 

cost; and

WHEREAS, the AQMD Governing Board finds, pursuant to Health and 

Safety Code §39616(c)(2), that the proposed amendments to RECLAIM do not change the 

previous findings that RECLAIM provides a level of enforcement and monitoring 

comparable to more stringent than command and control air quality measures by requiring 

more frequent and more accurate monitoring, more frequent and more complete emissions 

reports, electronic emissions reporting, maintenance of on-site records of their emissions 
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reports and underlying data for three years, annual or more frequent facility inspections, and 

annual emissions audits; and

WHEREAS, the AQMD Governing Board finds, pursuant to Health and 

Safety Code §39616(c)(4), that the proposed amendment to RECLAIM will not result in a 

greater loss of jobs or more significant shifts from higher to lower skilled jobs, on an 

overall District-wide basis, than would exist under command and control air quality 

measures; and

WHEREAS, the Governing Board has determined that there is a problem that 

PAR XX (PAR 2002) will help alleviate, that is the basin does not meet the ambient quality 

standards for PM2.5, and the proposed rule will promote the attainment of these standards; 

and

WHEREAS, a public hearing has been properly noticed in accordance with 

the provisions of Health and Safety Code Section 40725; and

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

with all provisions of law; and 

WHEREAS, the Governing Board specifies the manager of PAR XX (PAR 

2002) as the custodian of the documents or other materials which constitute the record of 

proceeding upon which the adoption of this proposed amended rule is based, which are 

located at the South Coast Air Quality Management District, 21865 Copley Drive, Diamond 

Bar, California; and

NOW, THEREFORE, BE IT RESOLVED, that the Governing Board does 

hereby certify that the Final PEA for PAR XX (PAR 2002) was completed in compliance 

with CEQA and Rule 110 provisions; and finds that the Final PEA was presented to the 

Governing Board, whose members reviewed, considered and approved the information 

therein prior to acting on PAR XX (PAR 2002); and
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BE IT FURTHER RESOLVED, that the Governing Board adopts a 

Statement of Findings and a Statement of Overriding Considerations pursuant to CEQA 

Guidelines §15091 and §15093, respectively, and a Mitigation Monitoring Plan pursuant to 

Public Resources Code §21081.6 regarding potentially significant adverse environmental 

impacts that cannot be mitigated to insignificance, as required by CEQA, and which are 

included as Attachment 1 and incorporated herein by reference; and

BE IT FURTHER RESOLVED, that the Governing Board does hereby 

adopt, pursuant to the authority granted by law, PAR XX (PAR 2002) as set forth in the 

attached and incorporated herein by reference. 

_____________ ________________________________

 Date Clerk of the District Board