RESOLUTION NO. 06-18

A Resolution of the Governing Board of the South Coast Air Quality

Management District (AQMD) certifying that proposed adoption of Proposed Rule

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 proposed project and determined

that it is exempt from the requirements of CEQA; and

WHEREAS, the AQMD Governing Board obtains its authority to adopt, amend,

or repeal rules and regulations from Sections 40000, 40506, 40510, 40702, 40725

through 40728, and 40724.6 of the California Health and Safety Code; and

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

adopt Rule 223 - Emission Reduction Pennits for Large Confined Animal 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 - Emission Reduction Permits for Large Confined Animal Facilities, as proposed to

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

persons directly affected by it; and

WHEREAS, the AQMD Governing Board has determined that Proposed Rule

223 - Emission Reduction Permits for Large Confined Animal Facilities, as proposed to

be adopted is in harmony with, and not in conflict with or contradictory to, existing

statutes, court decisions, or state or federal regulations; and

WHEREAS, the AQMD Governing Board has detennined that Proposed Rule

223 - Emission Reduction Permits for Large Confined Animal Facilities, as proposed to

be adopted, does not impose the same requirements as any existing state or federal

regulation and is necessary and proper to execute the power and duties granted to, and

imposed upon, the AQMD; and
WHEREAS, a public hearing has been properly noticed in accordance with the

provisions of Health and Safety Code Section 40725; and

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

accordance with all provisions of law; and

WHEREAS, the AQMD Governing Board, in adopting this rule, references the

following statutes which the AQMD hereby implements, interprets, or makes specific:

Health and Safety Code Sections 39011.5, 40522, 42301, and 40724.6; 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

modifications adopted which have been made to PR 223 - Emission Reduction Permits

for Large Confined Animal Facilities, since notice of public hearing was published do

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 pursuant to 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, 1989 Board Socioeconomic Resolution for rule adoption; and

WHEREAS, the AQMD Governing Board specifies the manager of Proposed

Rule 223 - Emission Reduction Permits for Large Confmed Animal Facilities, as

proposed to be adopted, as the custodian of the documents or other material which

constitute the record of proceedings upon which the adoption of this proposed rule

adoption 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 AQMD Governing Board

does hereby certify the Notice of Exemption for Rule 223 - Emission Reduction

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

compliance with state CEQA Guidelines Sections 15002(k)(I), 15061(b)(1), and 15273,

and that it was presented to the Governing Board, whose members reviewed,

considered, and approved the information therein before acting on Rule 223 as proposed

to be adopted; and

BE IT FURTHER RESOLVED, that the AQMD Governing Board does hereby

approve the Socioeconomic Impact Assessment; and
BE IT FURTHER RESOLVED that the AQMD Governing Board hereby

directs staff to continue to work with stakeholders for further developing more accumte

emission factors based on 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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aundra McDaniel, Clerk of the Board

DATE: ~