RESOUJTIONNO. 15-01 

RESOLUTION AMENDING YOLO-SOLANO AIR QUALITY MANAGEMENT 

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 of the 

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 of necessity, 

authority, clarity, consistency, nonduplication, and reference, based upon information developed 

pursuant to section 40727.2, information in the rulemakingrecorci marntained pursuantto section 

40728, and relevant information present~ at the public hearing required by section 40725; 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 of the environment where 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 

longer applicable or no longer necessary. 

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the YoloSolano Air Quality Management District hereby fmds, authorizes, directs and declares as 

follows: 

1. The Board of Directors has considered and hereby adopts by reference the staff 

report prepared in this matter. 

2. The Board of Directors makes the following findings pursuant to Health and 

Safety Code section 40727: 

1) Necessity: Information in the District's rulemaking record maintained 

pursuant to Health and Safety Code section 40728 demonstrates a need for 

amending District Rule 2.22; 

2) Authority: Health and Safety Code section 40702 permits the District to 

amend District Rule 2.22; 

3) Clarity: District Rule 2.22 as amended is written so that its meaning can be 

easily understood by the persons directly affected by it; 

4) Consistency: District Rule 2.22 as amended is in harmony with, and not in 

conflict with or contradictory to, existing statutes, court decisions, or state 
or federal 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 of Health & 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 of Part 3 of Division 26 offue Health 

and Safety Code. 

4. The Board of Directors 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 Categorical exemption. 

5. The Board of Directors hereby amends District Rule 2.22, Gasoline Dispensing 

Facilities, as set forth in Exhibit 1 (Attachment A of fue Staff Report), which is 

attached and incorporated by reference. The amendment is effective Jannary 14, 

2015. 

PASSED AND ADOPTED by fue Board of Directors of fue Yolo-Solano Air Quality 

Management District this 141h day of Jannary, 2015, by fue 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 of Directors 

Di1enna Harris, Chair 

Board of Directors 

Yolo-Solano Air Qnality Management District 

Approved as to Form: 

~~o~~unsel