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, Steam Generators, and Process

Heaters.

A Resolution of the AQMD Governing Board amending Rule 1146.l -

Emissions of Oxides of Nitrogen from Small Industrial, Institutional, and

Commeicial Boilers, Steam Generators, and Process Heaters.

WHEREAS, the AQMD Governing Board has determined with certainty

that Proposed Amended Rule L146.1 - Emissions of Oxides of Nitrogen from Small

Industrial, Institutional, and Commercial Boilers, Steam Generators, and Process

Heaters, is a "project" pursuant to the California Environmental Quality Act (CEQA);

and

WHEREAS, the AQMD has had its regulatory program certified pursuant

to Public Resources Code $ 21080.5 and has conducted CEQA review and analysis

pursuant to such progrcm (AQMD Rule 110); and

' WHEREAS, AQMD staff has prepared a Draft Environmental

Assessment (EA) pursuant to its certified regulatory program and CEQA Guidelines $

15252, setting forth the potential environmental consequences of Proposed Amended

Rule 1 146.1 - Emissions of Oxides of 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 Proposed Amended

Rule 1146.1, has reviewed and considered the Final EA: and

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WHEREAS, the AQMD Governing Board voting on Proposed Amended

Rule I146.1- Emissions of Oxides of Nitrogen from Small Industrial, Institutional, and

Commercial Boilers, Steam Generators, and Process Heaters has reviewed and

considered the Final EA prior to its certification; and

WHEREAS, a Mitigation Monitoring Plan pursuant to Public Resources

Code $ 21081.6, has not been prepared since no mitigation measures are necessary; and

WHEREAS, the AQMD Governing Board finds and determines, taking

into consideration the factors in $ (d)(a)(D) of the Governing Board Procedures, that the

modifications adopted which 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 change the meaning of the proposed project 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 reference based on 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 determined that there is a

problem that Proposed Amended Rule 1146.1 - Emissions of Oxides of Nitrogen from

Small Industrial, Institutional, and Commercial Boilers, Steam Generators, and Process

Heaters will help alleviate, i.e., the Basin does not meet federal and state ambient air

quality standards for ozone and particulate matter, and Proposed Amended Rule 1146.1

will promote attainment of these standards; and

WHEREAS, the AQMD Governing Board has determined that a need

exists to amend Rule 1146.1- Emissions of Oxides of 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

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WHEREAS, the AQMD Governing Board has determined that Proposed

Amended 1146.1 - Emissions of Oxides of Nitrogen from Small Industrial, Institutional,

and Commercial Boilers, Steam Generators, and Process Heaters, as proposed to be

amended is written or displayed so that'its meaning can be easily understood by the

persons directly affected by 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 proposed to 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

proposed to be amended does not impose the same requirements as any existing state or

federal regulation and the proposed amended rule is necessary and proper to execute the

powers and duties granted to, and imposed upon, 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, references the following statutes which the AQMD hereby

implements, interprets or makes specific: Health and Safety Code a0001(a) (rules to

meet air quality standards);404a0@) (rules to carry out the plan); 40702 (adoption of

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

applicable to the same source type being regulated whenever it adopts, or amends a rule,

such that the AQMD's analysis of Proposed Amended Rule 1146.1 is 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 Process Heaters 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,

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Steam Generators, and Process Heaters is consistent with the provisions of Health and

Safety Code $$ 40440.5 , 40440.8 and 40728.5; and

WHEREAS, the AQMD Governing Board has reviewed and considered

the staffs findings related to cost impacts of Proposed Amended Rule 1146.1 -

Emissions of Oxides of Nitrogen from Small Industrial, Institutional, and Commercial

Boilers, Steam Generators, and Process Heaters set forth in the socioeconomic impact

assessment made public with the agenda package for this meeting, and hereby finds and

determines that cost impacts are as set forth in that assessment; and

WHEREAS, the AQMD Governing Board has determined that Proposed

Amended 1146.1- Emissions of Oxides of Nitrogen from 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

Proposed Amended Rule 1L46.1 - Emissions of Oxides of Nitrogen from Small

Industrial, Instifutional, and Commercial Boilers, Steam Generators, and Process

Heaters as the custodian of the documents or other materials which constitute the record

of proceedings upon 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

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Cornmercial 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 assessmento verify the availability and

performance of 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 Board no later than July 15, 2010; and

BE IT FURTHER RESOLVED, that the AQMD Governing Board

directs staff to prepare a draft streamlined portable analyzer protocol for public review

and comment, and to ftnalize the protocol no later than May 1, 2009; and

' BE IT FURTHER RESOLVED, that the AQMD Governing Board does

hereby amend, pursuant to the authority granted by 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 attached and incorporated herein by

reference.

Attachment

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

Reyes Uranga, Wilson, and Yates.

None.

Carney, Ovitt, and Perry.

ZdO$

NOES:

ABSENT:

Saundra McDaniel. Clerk of the Board

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