ATT ACHlVIFN! n 

RESOLUTION NO. 13-13 

A. Resolution of the South Coast Air Quality l'~1anagement _District 

(SCAQI\'ID) Governing Board certifying the Finai Environmental Assessment for 

Proposed Rule 1114- Petroleum Refinery Coking Operation. 

A Resolution of the SCAOlviD - Governin!! o Board adontinv - .. ----o-----.- Rnie ----

1 i 14-

PetroleUm Refinery Coking Operation. 

\VHER.EAS, the SCr\QtviD Governing Board approved the /\ir Quality 

Management Plan in I)ecember 2~12 (2012 ~AQMP), \vhich included Control lv1casure 

I\1CS-O 1 to ensure the application of all feasible measures; and 

WHEREAS; volatile organ1c compounds are precursors to ozone (03) 

\vhich the U.S. Environmental Protection r'\gency has identified as an air contan1inant 

and has set criteria air ~ 

ooilutani nationai - amhient --- ---------- ~ir cm~iirv -1-·-----,., ---------- 'r"nri"ni< ~~· 

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South Coast .l\ir Basin has not yet attained these air quality standards and is exceeding 

the corresponding ~ state standards bv an even 2:reater marQin: and ...... .. '-' '-' " - -

WHEfll?.A .. S, the SCA_Ql\.fD staff conducted a public \VOrkshop regarding 

Proposed Rule 1114; and 

WHERF .. A..S, the SCALQM.D Governing Board has determined Yvith 

certainty t.1.at Proposed Rule ] 114 is considered a "project" pursuant to the terms of the 

Caiifornia Environmental Quaiity Act (CEQi\); and 

WHEREAS, the SC.l\Q~,.1D has had its regulatory program certified 

pursuant to Public Resources Code § 21 OR0.5 and has conducted a CtJ.~.A~ revie\V 

pursuant to such program (SCi1,._Q!'-.ID Rule 11 0); and 

\VHEREAS~ SCA.Qrvftl) staff has prepared a Drart Environmental 

1\ssessment (EA) pursuant to its certified regulatory program and CEQ.A Guidelines § 

15252, setting forth the potential environmental consequences of Proposed Rule 1 114; 

and 

WHEREAS, the Draft El\ \vas circulated for a 30-day public review· frotn . 

february 28, 2013 to tv1arch 29, 2013; and 

WHEREAS, t\VO comment letters \Vere received relative to the analysis 

presented in the Draft EA and responses Twen; prepared for each individual comment in 

the letters. !~one of the indlvidnai comments in the comment letters identified any 
potentially significant adverse in1pacts fron1 the proposed project, and the Draft EA has 

been revised such that it is no'v a Final EA~.; and 

\VHEREAS, minor modifications to Proposed Rule 1114 \VCrc made 

subsequent to the release of the Draft EA; which do not trigger the reouirem_ents for 

recirculation pursuant to CEQA Guidelines§§ 15073.5 and 15088.5; and 

WHERRAS; findings pursuant to Puhilc Resources Code § 21081.6 and 

CEQ!\ Guidelines § 15091 and a Statement of Overriding Considerations pursuant to 

CEQA Guidelines § 15093 ~vere noi prepared because the analysis of the proposed 

project shov;s that Proposed Rule 1114 \vould not have a significant adverse effect on 

the env1rorunent and thus, are not required; and 

WJ..:a~'Ul? A~ it 1s necessarv that the adequacy of the Finai EA, inciudin0 .. " _._ ...... _._,_.___.._.._ ......... , ,., ~ ,., 

responses to con1inents, be deteuained by the SCAQ~viD Governing Board pnor to its 

certification; and 

\VH.EREAS, pursuant to CEQA Guidelines § 15252 (a)(2)(B), s1nce no 

significant adverse impacts were identified, no aliematives or m1hgatwn measures are 

required and thus, a .t-v1itigation _r.v1onitoring Plan pursuant to Public Resources Code § 

2108 L6 and CEQA Guidelines § 15097, has not been prepared; and 

WHEHE""A .. S, the SCi\Qiv1D Governing Board voting on Proposed -Ruie 

i 114, has rev1ewed and considered the Final EA., including responses to corruuents pnor 

to its certification; and 

\VHEREAS, the SC!\Q~v1D Governing Board finds and determines, 

taking ir1to consideration the factors in Section (d)(4)(D) of the Governing Board 

Procedures, that the modifications \Vhich have been made to Proposed R.ule 1114, since 

notic:r: of nuh11c hearing was nuhiished. do not sillnificantlv change the 1neaning of the ··----- -- _r------ --- -----= .I ~ '-' ,., '-' '-' 

proposed rule \Vi thin L~e meaning of the Health and Safety Code § 40726 and \Vould not 

constitute significant new inforrnation requiring recirculation of the Draft LA pursuant 

to CEQi\ Guidelines§§ !5073.5 a..Tld 15088.5; and 

\VliEREAS, Health and Safety Code § 40727 requues that pnor to 

adopting, amending or repealing a rule or regulation; the SCAQiviD Govemtng Board 

shall make findings of necessity, authority, clarity, consistency, non-duplication, and 

reference based on reievanl 1nforrnation presented at the public hearing and in the staff 

-rP-nnrt· ~n..-J J. ""'!-''-"- .._, ..... ~.~ 

\VHEREAS, the SCAQ~v1D Governing Board obtains its authority to 

adopt, amend, or repeal nJles and regulations from §§ 39002, 40000, 40001 and 40440, 

40441, 40463, 40702 and 40725 through 40728 and 41508 of the Health and Safety 

Code; and 

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WHEREAS, the SCAQT\ti_D Governing Board has determined that a need 

exists to adopt Proposed Rule 1114 to partially implement Controll'v1easure tv1CS-O l -

Application of All Feasible lvfeasure·s from LhC 2012 AQtvfP and help the SC:At::ll\111) 

attain the National "'"A,..mbient "'"Ajr Quality Standard for ozone for vvhich SC;\Q~viD is 

classified as an Extretne !'~on-Attairunent Area; and 

WHEP-EA.S, the SCi1_..Q!viD Governing Board has determined that 

Proposed Rule 1114 is written and displayed so that the rnean1ng can be easily 

understood by persons directly affected by it; and 

\VHEREAS, the SCAQtviD GovelTting Board has determined ihat Ruie 

1114, as proposed} is in harmony with, a..11d not in conflict 'vith, or contradictory to, 

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

WHEREAS, the SCAQiviTJ Governing Board has determined that F .. u!e 

1114, as proposed, does not impose the same requirement as any existing state or 

federal regulation. '-' - excent .. lo the extent thev -_, are ---- n;cessarv ---- ------.,; ~nri ----- r--r-- nr~nP.r to exec.ute the 

pov;.rers and duties granted to, and imposed upon the SCAQr-v1D; and 

"1:"I7TTEI""liT7' A C4 --.L- C1,-, A.-..-.. m r-o. • "' ~ ~ , . • • , n· n. ~1-\.~, u1t: i:)\..-J-\.\..,!lVllJ uovemtng tloara nas aeterm1nect that by 

adopting Proposed F_ule ! 114, the SC .. A.Q!v1D Gove1ning Board \Vill be implementing, • . . ·~ L • - 1nterpret1ng - - or mak1ng --spechlC t11e _,. provisions of the Health anJ Safetv Code &S 40001 .; --vu ----

(ruleS to achieve ambient air quality sta11dards), 40440 (a) . (rules to carry out the 

AQ}v1P), 40440 (c) (cost effectiveness), 40702 (do such acts necessary to execute duties 

imposed by law)} and 40910 et seq., (California Clean .. Air ... A_..ct); and 

\VHEPJ:AS, adoption of Proposed Rule 1114 \.vill alleviate a problem, 

that IS the Basin is in non-attainment of the federal ozone st::~11dards, and the proposed 

rule \vill promote attainment of this standard; and 

\VHEREAS, the SCAQ1v1D Governing Board has determined that the 

Socioeconomic Impact A .. ssessment fOr Proposed Rule 1114 is consistent vvith the 

!'v1arch 17, 1989 and October 14, 1994 Governing Board Socioeconomic Resolutions for 

rule adoption; and 

\VHEPJ:AS, the SCAQ~viD Govemirig I3oard has deternnned that the C1 __ •T •• ·' • ••• •·- ;,ul.:tueconomic 1mpacr Assessment IS consistent wrtJl the proviSions ot Health and 

Safety Code SS 40440.8, 40728.5 and 40920.6; w~d 

\VIIEREAS, SCAQ1v1D Governing Board has determined that 

Proposed Rule 1114 will result in increased costs to the industry, yet are considered to 

be reasonable, vvith a total annualized cost as specified in the Final Socioeconomic 

_lrnpact ;\ssessment; and 

~ 

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WHEREAS, the SCAQ1v1D Governing Board has deternHned thai 

Proposed H.ule 1114, is cost-eftective as demonstrated in the Fina! Socioeconomic 

Impact Assessrnent~ and 

Wl-llf.lllf.A~ .. _.__.__..__....._.._._. ......... , the 

- - SC_A - ... OM~ ..... Govemin2: ....., Board has activelvJ considered the 

socioeconotTtic impact assesstuent and has made a good faith effort to minimize such 

impacts; and 

\VHEPJ:AS, the SCAQt-"ID Governing Board has determined that 

ProposeC1_Kule 1114 should be adopted for the reasons contained in the staff report; and 

\VHEP~AS, a public hearing has been properly noticed 1n accordance 

with all provisions ofHeaith and Safety Code§ 40725; and 

\VHEP~ii,..S, the SCi\"-Qr-.1D Governing Board has held a pub!ic hearing in 

accordance with all proVISions of law, inclusive of Health and Safety Code§ 40726~ and 

NOW, THER.KFOP..E, BE IT that 

Govenung Board does hereby certify that the Pinal EA for Proposed 

the SCAQJ\111 1 

Rule 1114 was 

completed in compliance with CEQi\ and SCAQMI) R_ule 110 provisions; and finds 

that the Final EA \Vas presented to the Governing Board, vvhose members rcvievved, 

considered and approved the information therein prior to acting on Proposed Rule i i 14; 

and 

BE iT FURTHER RESOLVED, that hecause no significant adverse 

environmental impacts \Vere identified as a result of implementing Proposed R .. ule 1114, 

findings pursuant to Public Resources Code§ 21081.6 and CEQA Guidelines§ 15091, 

a Statement of Overriding Considerations pursUant to CEQ .. A. Guidelines § 15093, and a 

iv1itigahonlv1onitoring Plan pursuant to Public Resources Code§ 21081.6 and CEQA 

Guidelines § l )U~r; are not required; and 

BE IT FURTHER RESOLVED, that the SCAQ!'"v1D Governing Board 

does hereby adopt~ pursuant to the authority granted by law, Proposed Rule 1114, as set 

forth in the attached, and incorporated herein by this reference. 

NOES: 

ABSENT: 

' Date 

Antonovich, I3. Benoit, Burke, Cacciotti, Gonzales, Lyou, ~ .. 1itchel1, 1'--Jelson, 

Parker, Perry, Pulido and Yates. 

None. 

J. Benoit. 

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Denise Pupo, Senior Def!uty Clerk