### ATTACHMENT E

RESOLUTION NO. 08.27 A Resolution of the Governing Board of the South Coast Air Quality Management District (AQMD) certifying the Final Environmental Assessment for Proposed Amended Rule 1146.1- Emissions of Oxides of Nitrogen from Small Industrial, Institutional, and Commercial Boilers, SteamGenerators, and Process Heaters. A Resolutionof the AQMD Governing Board amending Rule 1146.l

- Emissions of Oxides of Nitrogen from Small Industrial, Institutional, and Commeicial Boilers, SteamGenerators, and Process Heaters. WHEREAS, the AQMD Governing Board has determinedwith certainty that Proposed

Amended Rule L146.1- Emissionsof Oxides of Nitrogen from Small Industrial, Institutional, and Commercial Boilers, Steam Generators, and Process Heaters, is a "project" pursuantto the California Environmental Quality Act (CEQA); and WHEREAS, the AQMD has had its regulatoryprogram certified pursuant to Public Resources

Code $ 21080.5 and has conducted CEQA review and analysis pursuant

to suchprogrcm(AQMD Rule 110);and ' WHEREAS, AQMD staff has prepared a Draft Environmental Assessment(EA) pursuantto its certified regulatory program and CEQA Guidelines $ 15252, setting forth the potential environmental consequences of ProposedAmended Rule 1146.1- Emissions of Oxidesof Nikogen from Small Industrial, Institutional,and Commercial Boilers, Steam Generators,

and Process

Heaters; and WHEREAS, the Draft EA was circulated for public review, no comment letters were reeeived relative to the Draft EA; and the D - that it is now a Final EA; and

WHEREAS, it is necessary that the adequacy of the Final EA be determined by the AQMD Governing Board prior to its certification; and

WHEREAS, the Governing Board prior to voting on ProposedAmended Rule 1146.1,

hasreviewed

andconsidered

the Final EA: and

llWHEREAS, the AQMD Governing Boardvoting on Proposed Amended Rule I146.1- Emissions of Oxidesof Nitrogen from SmallIndustrial, Institutional,

and Commercial Boilers, Steam Generators, and ProcessHeaters has reviewed and considered

the Final EA prior to its certification; and WHEREAS, a Mitigation Monitoring Plan pursuant to Public Resources Code$ 21081.6,

hasnot been

prepared

sinceno mitigation

measures

arenecessary;

and WHEREAS, the AQMD Governing Board finds and determines,taking into consideration

the factors in $ (d)(a)(D) of the GoverningBoard Procedures, thatthe modifications adoptedwhich have been made to Proposed Amended Rule 1146.1

- Emissions of Oxides of Nitrogen from Small Industrial, Institutional, and Commercial Boilers, Steam Generators, and Process Heaters, since notice of public hearing was published do not significantly changethe meaning of the proposedproject within the meaning of Health and Safety Code S 40726 and would not constitute significant new information requiring recirculation of the Draft CEQA document pursuant to CEQA Guidelines

$ 15073.5;

and WIIEREAS, California Health and Safety Code 5 40727 requires that prior to adopting, amending or repealing a rule or regulation, the AQMD Governing Board shall make findings of necessity, authority, clanty, consistency, non-duplication, and referencebasedon relevant information presented at the public hearing and in the staff report; and

WHEREAS, the AQMD Governing Board obtains its authority to adopt, amend,or repeal rules and regulations from $$ 39002,40000,40001 , 40440, 40441, 407A2,4A725

through 40728,41508, and 4fi0A of the California Health and Safety Code; and WHERtrAS, the AQMD Governing Board has determinedthat there is a problem that Proposed Amended Rule 1146.1- Emissions of Oxides of Nitrogen from Small Industrial, Institutional, and Commercial Boilers, SteamGenerators, and Process Heaters will help alleviate, i.e., the Basin does not meet federal and state ambient air quality standards

for ozoneand particulate matter, and Proposed Amended Rule 1146.1 will promote attainment of thesestandards;

and WHEREAS, the AQMD Governing Board has determined that a need existsto amendRule 1146.1- Emissions of Oxidesof Nitrogen from Small Industrial, Institutional, and Commercial Boilers, Steam Generators, and Process Heaters, to reduce emissions of nitrogen oxides which is a precursor to ozone and particulate matter: and

t2WHEREAS, the AQMD Governing Board has determined that Proposed Amended 1146.1

- Emissions

of Oxidesof Nitrogenfrom Small Industrial, Institutional, and CommercialBoilers, Steam Generators, and ProcessHeaters,as proposed to be amended is written or displayed so that'its meaning can be easily understoodby the persons directly affectedby it; and WHEREAS, the AQMD Governing Board has determined that Proposed 1146.1 - Emissions of Oxides of Nitrogen from Small Industrial, Institutional, and Commercial Boilers, Steam Generators,and Process Heaters, as proposedto be amended is in harmony with, and not in conflict with or contradictory to, existing federal or state

statutes, court decisions,

or regulations;and WHEREAS, the AQMD Governing Board has determined that Proposed Amended Rule 1146.1 - Emissions of Oxides of Nitrogen from Small Industrial, Instifutional, and Commercial Boilers, Steam Generators, and Process Heaters, as proposedto be amended does not imposethe same requirementsas any existing stateor federal regulation and the proposedamended rule is necessary

and proper to execute

the powers and dutiesgrantedto, and imposedupon,the District; and

WHEREAS, the AQMD Governing Board has determined that Proposed Amended Rule 1146.1 - Emissions of Oxides of Nitrogen from Small Industrial, Institutional, and Commercial Boilers, Steam Generators, and Process Heaters, as proposed to be amended, referencesthe following statutes which the AQMD hereby implements, interprets or makes specific: Health and Safety Code a0001(a) (rules to meet air quality standards);404a0@) (rulesto carry out the plan); 40702(adoptionof rules and regulations);and

WHEREAS, Health and Safety Code 5 40727.2 requires the AQMD to prepare a written analysis of existing federal air pollution control requirements applicableto the samesourcetype being regulated whenever it adopts,or amends a rule, such that the AQMD's analysisof Proposed Amended Rule 1146.1is included in the staff report; and

WHEREAS, the AQMD Governing Board has determined that the socioeconomic

impact assessment

of the Proposed

Amended Rule 1146.1- Emissions of Oxides of Nitrogen from Small Industrial, Institutional, and Commercial Boilers, Steam Generators,

and ProcessHeaters is consistent with the Governing Board March .17,1989

and October 14,1994Board Socioeconomic Resolutions

for rule adoption;

and WHEREAS, the AQMD Governing Roard has determined that the socioeconomic

impact assessment

of the Proposed

Amended Rule 1146.I - Emissions of Oxides of Nitrogen from Small Industrial, Institutional, and Commercial Boilers,

t3SteamGenerators, and Process

Heatersis consistent

with the provisions of Health and Safety Code$$40440.5

, 40440.8

and40728.5;

and WHEREAS, the AQMD Governing Board has reviewed and considered the staffs findings related to cost impacts of ProposedAmended Rule 1146.1

- Emissionsof Oxides of Nitrogen from Small Industrial, Institutional, and Commercial Boilers, SteamGenerators, and Process

Heatersset forth in the socioeconomic impact assessment

madepublic with the agenda package for this meeting,and herebyfinds and determines

that cost impacts are assetforth in that assessment; and WHEREAS, the AQMD Governing Board has determined that Proposed Amended 1146.1- Emissions of Oxidesof Nitrogenfrom Small Industrial, Institutional, and Comrnercial Boilers, Steam Generators, and Process Heaters may result in increased costs to the industry, yet are considered to be reasonable,with total annualized

costs as specified in the Final Socioeconomic Impact Assessment;

and WHEREAS, the AQMD Governing Board has actively considered the Socioeconomic

Impact Assessment

and has made a good faith effort to minimize such impacts;and WHEREAS, a public hearing has been properly noticed in accordance with the provisions of Health and Safety Code g 40725; and

WHEREAS, the AQMD Governing Board has held a public hearing in accordance

with all provisions of law; and WHEREAS, the AQMD Governing Board specifies the Manager of ProposedAmended Rule 1L46.1 - Emissions of Oxides of Nitrogen from Small Industrial, Instifutional, and Commercial Boilers, Steam Generators, and Process Heatersasthe custodianof the documents or other materials which constitute the record of proceedingsupon which the adoption of this proposed project is based,which are located at the South Coast Air Quality Management District, 21865 Copley Drive, Diamond Bar, California; and

NOW, THEREFORE, BE IT RESOLVED' that the AQMD Governing Board hereby certifies, pursuant to the authority granted by law, the Final EA for Proposed

Amended 1146.1- Emissions of Oxides of Nitrogen from Small Industrial, Institutional, and Commercial Boilers, Steam Generators,

and Process

Heaters; and
BE IT FURTHER RESOI-VED, that because no significant adverse environmental impacts were identified as a result of implementing Proposed Amended Rule I 146.1- Emissions of Oxides of Nitrogen from Small Industrial, Institutional, and

t4Cornmercial Boilers, Steam Generators, and Process

Heaters,Findings, a Statement of Overriding Considerations, and a Mitigation Monitoring Plan are not rlquired; and BE IT FURTHER RESOLVED, that the AQMD Governing Board directs staff to conduct an implementation assessment o verify the availability and performanceof ultra low NOx burners, and idenfify and assess the impact of critical external factors and testing techniques on NOx measurements, and report back to the Governing

Boardno laterthanJuly 15,2010;and BE IT FURTHER RESOLVED, that the AQMD Governing Board directs staff to preparea draft streamlinedportable analyzer protocol for public review and comment,andto ftnalizethe protocol no later than May 1, 2009; and ' BE IT FURTHER RESOLVED, that the AQMD Governing Board does hereby amend,pursuantto the authority grantedby law, Rule 1 146.1- Emissions of Oxides ofNitrogen from Small Industrial, Institutional, and Commercial Boilers, Steam Generators,

and Process

Heaters,as set forth in the attachedand incorporated herein by reference.

Attachment



### AYES: Antonovich, Burke, Cacciotti, Campbell, Loveridge, Lyou, pulido,

ReyesUranga,Wilson, andYates.
None. Carney,Ovitt, and Perry.



# ZdO$ NOES:
ABSENT:

Saundra McDaniel.Clerk of theBoard

l5