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### MINUTES OFTHE GOVERNING BOARD OFTHE ANTELOPE VALLEY AIR QUALITYMANAGEMENT DISTRICT LANCASTER, CALIFORNIA AGENDA ITEM§_ 

### DATE: January 15, 2013 

### RECOMMENDATION: Conduct a public hearing to considerthe rescission ofRule 111

### O

- Emissions From Stationary Internal Combustion Engines (Demonstration) a. Open public hearing; b. Receive staffreport; c. Receive public testimony; d. Close public hearing; e. Make a determination that the CEQA Categorical Exemption applies; f. Waive reading ofResolution; g. Adopt Resolution making appropriate findings certifying the Notice ofExemption, rescinding Rule 1110 and directing staffactions. 

### SUMMARY: This item officially sets the date for the mandatory public hearing to be held on the rescission ofRule 1110. Rule 1110 is proposed for rescission to remove a rule that is inapplicable due to the tern1ination ofthe program priorto the formation of the AVAQMD and the fact that none ofthe program engines were located within what is now thejurisdiction ofthe AVAQMD. The AVAQMD is proposing to rescind this rule due to its inapplicability. 

### BACKGROUND On July 1, 1997 the Antelope Valley Air Pollution Control District (AVAPCD) was created pursuant to statute (former H&S Code §40106, A.B. 266-Knight Ch. 542, statutes of 1996) and assumed all air pollution control responsibilities from the South Coast Air Quality Management District (SCAQMD) for the area ofLos Angeles County outside the South Coast Air Basin. The SCAQMD rules in effect within the jurisdiction ofthe AVAPCD remained in effect until the AVAPCD Governing Board superceded, amended, orrescinded them. On January 1, 2002 the Antelope Valley Air Quality Management District (AVAQMD) was created pursuant to statute (H&S Code §41300 et seq.) to replace the AVAPCD. Once again the rules in effect at the time ofthe change remained in effect until the AVAQMD Governing Board superceded, amended or rescinded them. SCAQMD adopted Rule 1110 onNovember 6, 1981, and is the effective rule in the AVAQMD Rule Book Rule 1110

- Emissions From Stationa,yInternal Combustion Engines (Demonstration ) was adopted by South Coast Air Quality Management District (SCAQMD) on November 6, 1981 to set up a demonstration program to collect emissions data for SCAQMD Rule 1110.1

- Emissions from StationaryInternal Combustion Engines. The SCAQMD demonstration program was completed on or about November 1991

. This was priorto the formation ofthe Antelo e Valle Air Pollution Control District on Jul 

### 1. 1997. Rule 1110 was subsequently rescinded by the SCAQMD onNovember 14, 1997. Due to the

Cc: Barbara Lods I ,CRYSTALGOREE, DEPUTYCLERKOFTHE GOVERNINGBOARD OFTHEANTELOPEVALLEYAIR QUALITYMANAGEMENT DISTRICT ,HEREBY CERTIFYTHE FOREGOINGTO BEA FULL,TRUE AND CORRE Cl COPY O F

THE RECORD OF THEACTIONAS THE SAME APPEARS INTHE OFFICIAL Ml S O I OVERNING BOARD MEETING**~** - ~~~~--l-~~~~~~~~-==~~;,.;,,,i;!,,.,,C;.....::;..;:::;....__1.JUtJ.LU.,~8K-OF4~H-~~~~~~ ANTELOPEVALLEYAIR QUALITYMANAGEMENTDISTRICTMINUTES OF THE GOVERNING BOARD OFTHE ANTELOPE VALLEY AIR QUALITY MANAGEMENT DISTRICT LANCASTER, CALIFORNIA AGENDA ITEMg PAGE2 provisions ofthe implementing statute and the subsequent statutory creation ofthe Antelope Valley Air Quality Management District the rule remained in the AVAQMD rule book though it was inapplicable due to the termination ofthe program and the fact that none ofthe program engines were located within what is nowthejurisdiction ofthe AVAQMD. The AVAQMD is proposing to rescind this rule due to its inapplicability. Rule 1110 is a State Implementation Plan (SIP) rule. Removal from the SIP will not cause any increase in emissions since the demonstration program was completed priorto the formation of the AVAQMD and the rule is inapplicable. A Notice ofExemption, Categorical Exemption (Class 8; 14 Cal. Code Reg. §15308) will be prepared by the AVAQMD for the rescission ofRule 1110 pursuant to the requirements of CEQA

. REASON FORRECOMMENDATION: Health & Safety Code §§40702 and 40703 require the Governing Board to hold a public hearing before adopting rules and regulations. Also, 42 U.S.C. §741O(l) (FCAA §110(1)) requires that all SIP revisions be adopted after public notice and hearing. REVIEW BY OTHERS: This item was reviewed as to legal form by Karen Nowak, District Counsel and by Eldon Heaston, Executive Director on orbefore January 2, 2013. FINANCIAL DATA: No increase in appropriation is anticipated

. PRESENTER: Bret Banks, Operations Manager

### MINUTES OFTHE GOVERNING BOARD OFTHE ANTELOPE VALLEY AIR QUALITYMANAGEMENT DISTRICT LANCASTER, CALIFORNIA AGENDA ITEM§_ 

### PAGE3 ACTION OFTHE GOVERNING BOARD APPROVED Upon Motion by HAWKINS, Seconded by DISPENZA, as approved by the following vote: Ayes: 5 CRIST, DISPENZA, HAWKINS, CHELETTE,MANN Noes: Absent: 2 LEDFORD,LAWSON Abstain: Vacant:

PUTY CLERKOFTHE GOVERNING BOARD

Ref. Resolution #13-01, Titled "ARESOLUTION OF THE GOVERNING BOARD OF THE ANTELOPE VALLEY AIR QUALITY MANAGEMENT DISTRICT MAKING FINDINGS, CERTIFYING THE NOTICE OF EXEMPTION, RESCINDING RULE 1110

- EMISSIONS FROM STATIONARY INTERNAL COMBUSTION ENGINES (DEMONSTRATION) AND DIRECTING STAFF ACTIONS."RESOLUTION 13-01

A RESOLUTION OF THE GOVERNING BOARD OF THE ANTELOPE VALLEY AIR QUALITY MANAGEMENT DISTRICT MAKING FINDINGS, CERTIFYING THE NOTICE OF 2 EXEMPTION, RESCINDING RULE 1110 - EMISSIONS FROM STATIONARY INTERNAL COMBUSTION ENGINES (DEMONSTRATION) AND DIRECTING STAFF ACTIONS. 3 4 On January 15, 2013, on motion by Member HAWKINS, seconded by Member DISPENZA, and 5 can-ied, the following resolution is adopted: 6 WHEREAS, the Antelope Valley Air Quality Management District (AVAQMD) has authority 7 pursuant to California Health and Safety Code (H&S Code) §§40702, 40725-40728 to adopt, amend or 8 repeal rules and regulations; and 9 WHEREAS, the proposed rescission will remove a rule that is inapplicable due to the termination 1 O of the program prior to the formation ofthe AVAQMD and the fact that none ofthe program engines 1 I were located within what is now thejurisdiction ofthe AVAQMD; and 12 WHEREAS, on July 1, 1997 the Antelope Valley Air Pollution Control District (AVAPCD) was 13 created pursuant to statute (former H&S Code §40106, A.B. 266-Knight Ch. 542, statutes of 1996) and I4 assumed all air pollution control responsibilities from the South Coast Air Quality Management District 15 (SCAQMD) for the area ofLos Angeles County outside the South Coast Air Basin; and 16 WHEREAS, the SCAQMD rules in effect within the jurisdiction ofthe AVAPCD remained in I7 effect until the AVAPCD Governing Board superceded, amended, orrescinded them; and 18 WHEREAS, once again the rules in effect at the time ofthe change remained in effect until the 19 AVAQMD Governing Board superceded, amended or rescinded them; and 20 WHEREAS, SCAQMD adopted Rule 1110 on November 6, 1981, and is the effective rule in the 2 I AVAQMD Rule Book; and 22 WHEREAS, Rule 1110

- Emissions From Stationary Internal Combustion Engines 23 (Demonstration) was adopted by SCAQMD on November 6, 1981 to set up a demonstration program to 24 collect emissions data for SCAQMD Rule 1110.1

- Emissions from Stationary Internal Combustion 25 Engines; and 26 WHEREAS, the SCAQMD demonstration program was completed on or about November 1991; 27 and 28 //

Page 1of4RESOLUTION 13-01 WHEREAS, this was priorto the formation ofthe AVAPCD on July 1, 1997; and 2 WHEREAS, Rule 1110 was subsequently rescinded by the SCAQMD on November 14, 1997; 3 and 4 WHEREAS, Due to the provisions of the implementing statute and the subsequent statutory 5 creation ofthe AVAQMD the rule remained in the AVAQMD rule book though it was inapplicable due to 6 the tem1ination ofthe program and the fact that none ofthe program engines were located within what is 7 nowthejurisdiction ofthe AVAQMD; and 8 WHEREAS, the AVAQMD is proposing to rescind this rule due to its inapplicability; and 9 WHEREAS, Rule 1110 is a State Implementation Plan (SIP) rule; and 10 WHEREAS, removal from the SIP will not cause any increase m em1ss1ons since the 11 demonstration program was completed prior to the formation of the AVAQMD and the rule is 12 inapplicable; and 13 WHEREAS, the proposed rescission is ofa rule that is inapplicable due to the termination ofthe 14 program prior to the formation of the AVAQMD and the fact that none ofthe program engines were 15 located within what is nowthejurisdiction ofthe AVAQMD; and 16 WHEREAS, the AVAQMD has the authority pursuant to H&S Code §40702 to amend rules and I7 regulations; and 18 WHEREAS, the proposed rescission is clear in that the meaning can be easily understood by the 19 persons impacted by the Rule; and 20 WHEREAS, the proposed rescission is in harmony with, and not in conflict with, or contradictory 21 to existing statutes, court decisions, or state or federal regulations because this rescission removes a rule 22 that is inapplicable because the demonstration program has been completed; and 23 WHEREAS, the proposed rescission does not impose the same requirements as any existing state 24 or federal regulation because the proposed rescission of Rule 1110 removes a rule that is inapplicable 25 because the demonstration program has been completed, and thereby does not impose the same 26 requirements as an existing state or federal law or regulation; and 27 // 28 //

Page 2 of4RESOLUTION 13-01 WHEREAS, the proposed rescission is needed to remove a rule that is inapplicable due to the

.2 tennination ofthe program priorto the formation ofthe AVAQMD and the fact that none ofthe program 3 engines were located within what is nowthejurisdiction ofthe AVAQMD; and 4 WHEREAS, a public hearing has been properly noticed and conducted, pursuant to H&S Code 5 §40725, concerning the proposed rescission to Rule 111O; and 6 WHEREAS, a Notice ofExemption, a Categorical Exemption (Class 8, 14 CCR§15308) for the 7 proposed rescission to Rule 1110, completed in compliance with the California Environmental Quality 8 Act (CEQA), has been presented to the AVAQMD Board; each member having reviewed, considered and 9 approved the information contained therein prior to acting on the proposed rescission to Rule 1110, and IO the AVAQMD Board having detem1ined that the proposed rescission will not have any potential for I I resulting in any adverse impact upon the environment; and 12 WHEREAS, the Board has considered the evidence presented at the public hearing; and 13 NOW, THEREFORE, BE IT RESOLVED, that the Governing Board ofthe AVAQMD finds 14 that the proposed rescission of Rule 1110

- Emissions From Stationary Internal Combustion Engines 15 (Demonstration) are necessary, authorized, clear, consistent, non-duplicative and properly referenced; and 16 BE IT FURTHER RESOLVED, that the Governing Board ofthe AVAQMD hereby makes a 17 finding that the Class 8 Categorical Exemption (14 CCR §15308) applies and certifies the Notice of 18 Exemption for the proposedrescission ofRule 111O; and 19 BE IT FURTHER RESOLVED, that the Board ofthe AVAQMD does hereby adopt, pursuant to 20 the authority granted by law, the proposed rescission ofRule 1110, as set forth in the attachments to this 21 resolution and incorporated herein by this reference; and 22 BE IT FURTHERRESOLVED, thatthis resolution shall take effect immediately upon adoption, 23 that the Clerk ofthe Board is directed to file the Notice ofExemption in compliance with the provisions 24 ofCEQA. 25 

### 26 27 

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Page 3 of4RESOLUTION 13-01 PASSED, APPROVED AND ADOPTED by the Governing Board ofthe Antelope Valley Air Quality 2 Management District by the following vote: 3 AYES:5 4 NOES: MEMBER: DISPENZA, HAWKINS, CRIST, MANN, CHELETTE MEMBER: 5 ABSENT:2 6 ABSTAIN: 7 MEMBER: LAWSON, LEDFORD MEMBER:

8 STATE OF CALIFORNIA ) ) ) ) ) SS: 9 COUNTY OF LOS ANGELES 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I, Crystal Goree, Deputy Clerk ofthe Governing Board ofthe Antelope Valley Air Quality Management District, hereby certify the foregoing to be a full, true and correct copy ofthe record ofthe action as the same appears in the Official Minutes ofsaid Governing Board at its meeting ofJanuary 15, 2013.

Depu y rk o the Governing Board, Antelope Valley Air Quality Management District.

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