ATTACHMENT 2 PROPOSED LEGISLATIVE FINDINGS

PURSUANT TO HEALTH AND SAFETY CODE SECTIONS 40001, 40703, 40727, 40727.2, 40728.5, AND 40920.6

PROPOSED AMENDED RULE 74.18

1. NECESSITY: Amendments to Rule 74.18 ar e necessary to obtain emission reductions required to move closer to the goal of mee ting state and federal air quality standards for

ozone.

2. AUTHORITY: The Ventura County Air Polluti on Control District is authorized and required by the California Health and Safety Code Division 26, Part 3, Sections 40000 and 40001, to adopt and enforce rules and regulations to meet and maintain state and federal ambient air quality standards.

3. CLARITY: The amendments to Rule 74.18 can be easily understood by the persons directly affected by them.

4. CONSISTENCY: The amendments to Rule 74.18 are in harmony with, and not in conflict with or contradictory to, existing statutes, c ourt decisions, or state or federal regulations.

5. COST-EFFECTIVENESS and SOCIOECONOMIC IM PACTS: Factors related to the costeffectiveness and socioeconomic impacts of adopting amendments to Rule 74.18 are set forth in Attachment 4 and have been considered in adopting amendments to Rule 74.18.

6. NONDUPLICATION: Amended Rule 74.18 does not impose the same requirements as an existing state or federal regulation and are n ecessary to execute the duties imposed upon the

District.

7. REFERENCE: California Health and Safety Code Division 26, Part 3, Sections 40000 and

40001 are the sections of state law that will be implemented by the adoption of amendments

to Rule 74.18.

8. ATTAINMENT OF AMBIENT AIR QUALITY STANDARDS: Ventura County has been designated a severe nonattainment area for bot h the state and federal ozone ambient air quality standards. Reactive organic compound emi ssions are precursors to the formation of ozone. Adoption of amendments to Rule 74.18 will reduce emissions of reactive organic compounds, which will help Ventura County move closer to attainment of the state and federal ozone ambient air quality standards.

9. ANALYSIS OF AIR POLLUTION CONTROL REQUIREMENTS: Section 40727.2 of the Health and Safety Code requires that the District prepare a written analysis that identifies certain federal, state, and District air pollution control requirements that apply to the sameAir Pollution Control Board Findings November 11, 2008 Page 2

ATTACHMENT 2 equipment or source type regulated by proposed amendments to Rule 74.18. Staff has analyzed federal and state emission regulations that correspond with proposed amendments to Rule 74.18. This analysis has been prepared and is set forth in Attachment 4.

10 REASON FOR ADOPTION AND INCREMENTAL COST-EFFECTIVENESS: Amendments to Rule 74.18 are necessary to obtain emission reductions required to move closer to the goals of meeting state and federal air quality standards for ozone. Further, the control option for amending Rule 74.18 that staff is recommending for adoption is substantially more cost-effective than the other two options that were considered. This analysis is contained in Attachment 4

PROPOSED FINDINGS

PURSUANT TO SECTIONS 15307 AND 15308 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES

PROPOSED AMENDED RULE 74.18

1. CEQA: The adoption of amendments to Ru le 74.18 is categorically exempt from the California Environmental Quality Act (CEQA) under Sections 15307 and 15308 of the State CEQA Guidelines, and no exceptions to these exemptions apply.