RESOUJTIONNO. 15-01 RESOLUTION AMENDING YOLO-SOLANO AIR QUALITYMANAGEMENT DISTRJCT RULE 2.22 WHEREAS, California Health and Safety Code section 40702 provides that an air quality management district shall adopt rules and regulations as may be necessary or proper to execute the powers and duties granted to, and imposed upon, the district by Division 26 ofthe Health and Safety Code; and WHEREAS, Health and Safety Code section 40727 provides that before adopting, amending, or repealing a rule or regulation, a district board shall make findings ofnecessity, authority, clarity, consistency, nonduplication, and reference, based upon information developed pursuant to section 40727.2, information intherulemakingrecorci marntainedpursuantto section 40728, and relevant information

**present~** atthe public hearing required by section40725; and WHEREAS, section 15308 of the CEQA Guidelines provides that actions taken by regUlatory agencies as authorized by state law to assure the maintenance, restoration, or enhancement ofthe environmentwhere the regUlatory process involves procedures for protection of the environment, are categorically exempt from CEQA review (Class 8 Categorical Exemption); and WHEREAS, the purpose of amending Rule 2.22, Gasoline Dispensing Facilities is to exempt certain aboveground storage tanks at non-retail gasoline dispensing facilities from future requirements, exempt non-retail facilities with captive fleets from Phase II requirements, exempt E85 fueling facilities from Phase II requirements, and remove requirements that are either no longerapplicable orno longernecessary. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors ofthe YoloSolano Air Quality Management District hereby fmds, authorizes, directs and declares as follows: 1. The Board ofDirectors has considered and hereby adopts by reference the staff report prepared inthis matter. 2. The Board of Directors makes the following findings pursuant to Health and Safety Code section40727: 1) Necessity: Information in the District's rulemaking record maintained pursuantto Health and Safety Code section 40728 demonstrates a need for amending DistrictRule 2.22; 2) Authority: Health and Safety Code section 40702 permits the District to amendDistrict Rule 2.22; 3) Clarity: DistrictRule 2.22 as amended is written so thatitsmeaning can be easilyunderstoodbythe persons directly affectedbyit; 4) Consistency: DistrictRule 2.22 as amended is inharmony with, and not in conflict with or contradictoryto, existing statutes, court decisions, or stateorfederal regulations; 5) Nonduplication: District Rule 2.22 as amended does not impose the same requirements as an existing state or federal regulation; 6) Reference: By adopting District Rule 2.22, the District meets the requirements ofHealth & Safety Code Sections 40702. 3. The Board of Directors finds that the District has complied wifu fue procedural requirements set forth in Chapters 6 and 6.5 ofPart 3 ofDivision 26 offue Health and Safety Code. 4. The Board ofDirectors finds that amending District Rule 2.22 is an action taken by a regulatory agency as aufuorized by state law to assure fue maintenance, restoration, or enhancement of fue environment where fue regulatory process involves procedures for protection of fue environment, and is fuerefore categorically

**ex~;:mpt**fi::mnCEQAreview.as_a.Class 8 Categoricalexemption. 5. The Board ofDirectors hereby amends District Rule 2.22, Gasoline Dispensing Facilities, as set forth in Exhibit 1 (Attachment A offue StaffReport), which is attached and incorporated by reference. The amendment is effective Jannary 14, 2015. PASSED AND ADOPTED by fue Board ofDirectors offue Yolo-Solano Air Quality Management Districtthis 141h dayofJannary, 2015,byfue following vote: Ayes: Anderson, Batchelor Jr., Boulware, Chamberlain, Denny, Harris, Johannessen, Rexroad, Saylor, Seifert, Thomson, Vasquez Noes: Ndme Absent:Provenza, Swanson Abstain: None

Attest:



# ~~~ Board ofDirectors Di1ennaHarris, Chair Board ofDirectors Yolo-Solano 

### AirQnalityManagement District
Approved as to Form:



# ~~o~~unsel