RESOLUTION NO. AQM 2010-012 

Rule 414 - WATER HEATERS, BOILERS AND PROCESS HEATERS RATED LESS 

THAN 1,000,000 BTU PER HOUR 

THE BOARD OF DIRECTORS 

OF THE SACRAMENTO METROPOLITAN AIR QUALITY 

MANAGEMENT DISTRICT 

WHEREAS, the Board of Directors of the Sacramento Metropolitan Air Quality 

Management District is authorized to adopt, amend or repeal rules and regulations by 

Sections 39659, 35666(d), 40001, 40702, 40716, 41010 and 41013 of the California 

Health and Safety Code (Health and Safety Code Section 40727(b)(2)); and 

WHEREAS, the Board of Directors of the Sacramento Metropolitan Air Quality 

Management District has determined that a need exists to amend Rule 414 - NATURAL 

GAS - FIRED WATER HEATERS (title amended to WATER HEATERS, BOILERS AND 

PROCESS HEATERS RATED LESS THAN 1,000,000 BTU PER HOUR) to achieve 

further reductions in NOx emissions to meet the commitment in the federal 8-hour ozone 

attainment demonstration plan, submitted pursuant to Section 182(c)(2)(A) of the federal 

Clean Air Act and 40 CFR 51.908; to satisfy the state commitment in the District's 2009 

Triennial Report; and to comply with state requirements in Sections 40913 and 40914 of 

the California Health and Safety Code and Title 17, California Code of Regulations 

Section 70600 (Transport Mitigation) (Health and Safety Code Section 40727(b)(1)); and 

WHEREAS, the Board of Directors of the Sacramento Metropolitan Air Quality 

Management District has determined that the meaning of Rule 414 can be easily 

understood by the persons affected by it (Health and Safety Code Section 40727(b)(3)); 

and 

WHEREAS, the Board of Directors of the Sacramento Metropolitan Air Quality 

Management District has determined that Rule 414 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 Board of Directors of the Sacramento Metropolitan Air Quality 

Management District has determined that Rule 414 does not impose the same 

requirements as any existing state or federal rule or regulation that applies to affected 

sources within the District (Health and Safety Code Section 40727(b)(5)); and 

WHEREAS, the Board of Directors of the Sacramento Metropolitan Air Quality 

Management District has determined that Rule 414 implements Title 17, California Code 

of Regulations Section 70600 (Transport Mitigation), Health and Safety Code Section 

40914(b)(2) (All Feasible Measures), and Sections 182(c) and 172(c)(1) of the federal 

Clean Air Act (Health and Safety Code Section 40727(b)(6)); and 

WHEREAS, the Board of Directors of the Sacramento Metropolitan Air Quality 

Management District has considered a written analysis prepared by staff (Health and 

Safety Code Section 40727.2); and 

WHEREAS, the Board of Directors of the Sacramento Metropolitan Air Quality 

Management District has maintained records of the rulemaking proceedings (Health and 

Safety Code Section 40728); and 000009 
AYES: 

NOES: Directors None. 

Directors Clare, Dickinson, Karpinski-Costa, MacGlashan, McGarvey, 

Nottoli, Peters, Sheedy, Starsky. 

Board Resolution 

Rule 414 

February 18, 2010, Page 2 

WHEREAS, the Board of Directors of the Sacramento Metropolitan Air Quality 

Management District held a duly noticed public hearing on March 25, 2010 and 

considered public comments on the proposed rule (Health and Safety Code Sections 

40725 and 40726); and 

WHEREAS, the Board of Directors of the Sacramento Metropolitan Air Quality 

Management District has considered the socioeconomic impacts of the rule (Health and 

Safety Code Section 40728.5); and 

WHEREAS, the California Environmental Quality Act (CEQA) under Section 

15308 of the State CEQA Guidelines, exempts actions by a regulatory agency for the 

protection of the environment; and Section 15061(b)(3) of the State CEQA Guidelines 

exempts actions that can be seen with certainty that there is no possibility that such 

actions may have a significant adverse effect on the environment. 

NOW, THEREFORE, BE IT RESOLVED THAT the amendment of Rule 414 is 

exempt from the California Environmental Quality Act (CEQA); and 

BE IT FUTHER RESOLVED THAT the Board of Directors of the Sacramento 

Metropolitan Air Quality Management District approves and adopts the amendment of 

Rule 414 - WATER HEATERS, BOILERS AND PROCESS HEATERS RATED LESS 

THAN 1,000,000 BTU PER HOUR; and 

BE IT ORDERED that the amendment of Rule 414 be effective as of March 25, 

2010. 

ON A MOTION by Director Clare ey , seconded by Director M-Gary 

the foregoing Resolution was passed and adopted by the Board of Directors of the 

Sacramento Metropolitan Air Quality Management District, State of California, this 25th 

day of March, 2010, by the following vote, to wit: 

di/ 

ammo Directors Cohn, Davi 1 Fong, ammo i, Yee. 

Chairperson of Board 

Sacramento • politan Air ity Management District 

State of Calif. is 

(SEAL) 

ATTEST: 

Clerk of the g o- rd 

Sacramen • Metropolitan Air Quality Management District 

00 0 f'1.1