RESOLUTION NO. 98-30

A Resolution of the Governing Board of the South Coast Air Quality Management District Certifying that Proposed Amended Rule 2202

— On-Road Motor Vehicle Mitigation Options is exempt from the requirements of the California Eñvirónmental QualityAct. A Resolution of the South Coast Air Quality Management District Governing BoardAmending Rul~ 2202

- On-Road MotorVehicle Mitigation Options. WHEREAS, the Governing Board of the South Coast Air Quality Management District finds and determines that Proposed Amended Rule 2202

- On-Road MotorVehicle Mitigation Options is considered a “project” pursuant to the terms of the California Environmental QualityAct (CEQA); and WHEREAS, the South Coast Air Quality Management District (AQMD) staff reviewed the proposed project and determined with certainty that it is exempt from the requirements ofthe California Environmental QualityAct (CEQA); and WHEREAS, the Governing Board of the South Coast Air Quality Management District voting on this Resolution hereby adopts its written fmding ofnecessity, authority, clarity, consistency, non-duplication and reference with respect to the modification of paragraph(b)(l) àfRule 2202 as follows: Necessity

- As set forth in the adopted AQMP, the emission reductions associated with the ProposedAmended Rule 2202 are needed forthefollowing reasons: a) State and federal health-based ambient air quality standards for ozone are regularly and significantly violated in the South Coast Air Basin. The extensive reduction of VOC and NOx emissions (precursors to ozone formation) and CO, including the reductions from Proposed Rule 2202, is neededto meetfederal a~d stateair~uality standards. b) By exceeding state and federal air quality standards, the health of p~àplewithin the South CoastAir~asin is impaired. c) By exceeding state and federal air quality standards, the quality oflife is reduced in the South CoastAirBasin in numerous respects. d) The “California Clean Air Act” (Health and Safety Code Section 40910 et seq.) requires thatthe AQMD make every effortto attain federal and state ambient air quality standards as soon as practicable. Proposed Amended Rule 2202 makes progress toward that goal. In addition, Senate Bill 432 (Lewis) Chapter 67 of Statutes of 1998, Health and Safety Code Sections40458 and repealed Section 44243.5 require the threshold ofthe Rule to be

• raised as setforth inthe attached amendments. Authority

- lie AQMD.~,Boa~d obtains its autl~ority to adopt, amend, or;repeal rules and Vregulations from Health.. &. Safety Code Sections V 400Q0, 40001, 49440, 40440(a)(3), 40441, 40463, 40702, 40716, 40725 through40728, and 40910.through 40920. V Clanty-~TheAQMD Board determmesthatthe Proposed Amendmentto Subdivision

V (b) ofRule 2202 is written or displayed so that its meaning can be easily understood

V bypersons directlyaff~cte4 by it.

. , V ,, . . Consistency

~-.The AQMD Board determines that thç, Proposed Amendment to Subdivision (b) of Rule 2202 is in harmony with, and not, in co4flict with or contradictoryto existing federal orstate statutes, courtdecisions orregulations. Non-Duplication

- The Proposed•Amendment,to Subdiv~siorn(b) of Rule 2202,does not impose the, same requirements as any existing state or federal regulation and is necessary and properto execute the powers and duties granted’to, and imposed upon, theAQMVD.

.,. . ., ‘ V Reference In adopting the Proposed Amendments to.Subdiv~sion~(b) ofRule 2202 the AQMD Board referenc,es the following statutes which .~the AQMD hereby implements, interprets or makes specific: Health and Safety Code Section 40001 (rules to achieve ambient air quality standards), and 49440(a)~ (rules to carry out AQMP), 40918 (requiremen~s for, moderate and above areas), 40920.(requirements for severe and above areas), 40920.5 (requirements for extreme areas) and federal Clean Air Act Section.~ 182(d)(1)(B), 42 USC Section 7511a(d)(1)~B) (employee commute optip~is requirements), Health and Safety code’ Section 40458 and repealed
44243.5. V ‘ . . . . V

V Health and Safety Code Section 40727.2, This project does not impos~ a new emissioii limit or standard, make an existing emission limit

,or, standard more V stringent, or i~pose new or more, stringent monitoring, reporting, or recordkeeping requirements since it implements the new stateATCM as required under Health and Safety Code Section’39666. WHEREAS, the Governiiig Board of the South Coast Air ‘Quality Management District has determined that this Rule amendment is required by State Law (Senate Bill 432 Lewis), the Board has determined .that the Rule does not significantly affect air quality or e~mssions limitations andtherefore no socioeconomic report is required, and WHEREAS, tjie Governing’ Boaid of ,the South Coast Air ‘Quality Management District voting on this Resolution has determined that it has no discretion but to implement the Proposed Amendmentsto Subdivision (b) ofRule 2202, and finds and determines that no cost-effectivenessfinding is necessary; andWHEREAS, a public hearing has been properly noticed in accordance with the

provisions ofHealth and Safety Code Section40725; and WHEREAS, the Governing Board of the South Coast Air Quality Management Districthas held apublic hearing in accordance with all provisions oflaw; and WHEREAS, effectiveJune 19, 1998, employerworksites with 100 to249 employees are automaticallyexemptfrom all the requirements ofRule2202; and ~VHEREAS, Rule 2202 exemption policies thatwould otherwise require employers to requestexemption are not needed as a result of.the passage ofSB 432, the exemptions are immediate and automatic; and WHEREAS, only ifan employer choosesto notifythe AQMD oftheirexempt status in writing will AQMD staffforward awritten notice ofexemptiontothe employer; and WHEREAS, Governing Board ofthe South Coast Air Quality Management District does hereby adopt Rule 2202

— On-Road MotorVehicle Mitigation Options Implementation Guidelines and Employee Commute Reduction Program Guidelines, as set forth in the attached and incorporated herein byreference; and WHEREAS, the South Coast Air Quality Management District will form a Rule 2202 Emissions Equivalency Task Force to identify emission reduction strategies that will make upthe emissions shortfall created bythe exemption ofsmallerworksites from the rule; and WHEREAS, the Governing Board of the South Coast Air Quality Management District directs the Executive Officer to report to the Board’s.Mobile Source Committee on the ongoing status ofthe Rule 2202 Emissions equivalencyTaskForce; and NOW, THEREFORE BE IT RESOLVED, that AQMD staff shall replace Rule 2202 as soon as possible with alternative direct light-duty mobile source emission reduction measures; and BE IT FURTHER RESOLVED, that for worksites with 250 or more employees, Rule 2202 informational workshops will continue to be held at AQMD and other locations forinterested parties; andBE IT FURTHER RESOLVED, that the Governing Board ofthe South Coast Air

•Quality Management Districtdoes hereby, pursuanttothe authoritygranted by law, adoptthe Proposed Amendmentto Subdivision (b) ofRule 2202

—On-Road MotorVehicle Mitigation Options, assetforth inthe attachedand incorporated herein by reference; and BE IT FURTHER RESOLVED, that the Governing Board does hereby certify the Notice ofExemption for Rule 2202

— On-Road Vehiclç Mitigation Options, as proposed to be amended, completed in compliance’with Public Resources Code Section 21080(b)(1) and state CEQA Guidelines Sections 1506l(b)(3) and 15062, aridthat ithas beenpresented tothe Governing Board, whose members reviewed,- considered and approved the infomiation therein pripr to acting on Proposed Amended Rule 2202

— On-Road Vehicle Mitigation Options; and

AYES:

NOES: Lee, Loven ge, Mikels, Paulitz, Soto, Wilson and Woodruff

None.

ABSENT: Alarcón, Antonovich, Burke, Glover, and Silva

Date:

— OFTHE DISTRICT

Resolution98/SB432 9/9/98