RESOLUTION NO. 06-18

A Resolution of the Governing Board of the South Coast Air Quality Management District (AQMD) certifying that proposed adoption of ProposedRule 223 - Emission Reduction Permits for Large Confined Animal Facilities is exempt from the requirements of the California Environmental Quality Act (CEQA). A Resolution of the Governing Board of the AQMD adopting Proposed Rule 223 

### - Emission Reduction Permits for Large Confined Animal Facilities. WHEREAS, the AQMD staff reviewed the proposedproject and determined that it is exempt

from the requirements

of CEQA; and 

### WHEREAS,

the AQMD GoverningBoard obtainsits authority to adopt,amend, or repeal rules and regulations from Sections40000, 40506, 40510, 40702, 40725 through 40728,and40724.6

of the California Health and Safety Code;and WHEREAS, the AQMD Governing Board has determined that a needexists to adopt Rule 223 - Emission Reduction Pennitsfor Large ConfinedAnimal Facilities,to provide a permit processing rule for agricultural sources required to comply with the pennit issuance

requirements

mandated

by California Health & Safety Code Section 40724.6; and WHEREAS, the AQMD Governing Board has determined that Proposed

Rule 223 - EmissionReductionPermits for Large ConfinedAnimal Facilities, as proposed to be adopted

is written or displayed

so that its meaningcan be easily understood by the persons directly affectedby it; and WHEREAS, the AQMD Governing Board has determined that Proposed

Rule 223 - EmissionReductionPermits for Large ConfinedAnimal Facilities, as proposed to be adoptedis in harmony with, and not in conflict with or contradictory to, existing statutes, court decisions,

or state or federalregulations;

and WHEREAS, the AQMD Governing Board has detennined that Proposed

Rule 223 - EmissionReductionPermits for Large ConfinedAnimal Facilities, as proposed to be adopted,does not impose the same requirements as any existing state or federal regulationand is necessary and proper to execute

the power and duties granted to, and imposed upon,the AQMD; andWHEREAS, a public hearinghas beenproperly noticed in accordance with the provisions

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

with all provisionsof law; and WHEREAS, the AQMD Governing Board, in adoptingthis rule, references the following statutes

which the AQMD hereby implements, interprets,or makes

specific: Healthand SafetyCodeSections 39011.5, 40522, 42301,and40724.6;and WHEREAS, the AQMD Governing Board finds and determines, taking into consideration

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

which havebeen made

to PR 223 - Emission Reduction Permits for Large Confined Animal Facilities, since notice of public hearing was publisheddo not significantly change the meaning of the proposed rule within the meaning of California Health & Safety Code § 40726 and would not constitute significant new information requiring recirculation of the Draft CEQA document pursuantto CEQA Guidelines

§ 15088.5;

and 

### WHEREAS, the AQMD Governing Board has determined that the socioeconomic

impact assessment

of Proposed

Rule 223 

### - Emission

Reduction

Permits for Large Confined Animal Facilities, as proposed to be adopted,

is consistent

with the March 17, 1989Board Socioeconomic Resolution

for rule adoption;and WHEREAS, the AQMD Governing Board specifiesthe managerof Proposed Rule 223 - Emission Reduction Permits for Large Confmed Animal Facilities, as proposed

to be adopted,as the custodianof the documents or other material which constitutethe record of proceedings upon which the adoption of this proposedrule adoption is based, which are located at the South Coast Air Quality Management District, 21865Copley Drive, Diamond Bar, California; and NOW, THEREFORE, BE IT RESOLVED, that the AQMD Governing Board does hereby certify the Notice of Exemption for Rule 223 

### - EmissionReduction Permitsfor Large Confined Animal Facilities, as proposed to be adopted,

completed

in compliance

with state

CEQA GuidelinesSections15002(k)(I), 15061(b)(1), and 15273, and that it was presented to the Governing Board, whose members reviewed, considered,

and approved

the information thereinbeforeacting on Rule 223 asproposed to be adopted;

and BE IT FURTHER RESOLVED, that the AQMD Governing Board doeshereby approve the Socioeconomic

Impact Assessment;

andBE IT FURTHER RESOLVED that the AQMD Governing Board hereby

directs staff to continue to work with stakeholders for further developing more accumte emission factors basedon research and scientific data and to update the emission factors as and when more reliable data is available, and

BE IT FURTHER RESOLVED, that the AQMD Governing Board does hereby adopt Rule 223 - Emission Reduction Permits for Large Confined Animal Facilities, pursuant to the authority by law, as set forth in the attached and incorporated herein by this reference.

AYES: Antonovich, Burke, Carney, Ovitt, Silva, Wilson, and Yates. NOES: None. ABSENT: LaPisto-Kirtley, Loveridge, Perry, Pulido, and Verdugo-Peralta.

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~ ' I , ,,~'-- L V ~""'t. ~ aundra McDaniel, Clerk of the Board 

# ~ DATE: