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

Board Amending Rul~ 2202 - On-Road Motor Vehicle Mitigation Options.

WHEREAS, the Governing Board of the South Coast Air Quality Management

District finds and determines that Proposed Amended Rule 2202 - On-Road Motor Vehicle

Mitigation Options is considered a “project” pursuant to the terms of the California

Environmental Quality Act (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 of the California Environmental Quality Act (CEQA); and

WHEREAS, the Governing Board of the South Coast Air Quality Management

District voting on this Resolution hereby adopts its written fmding of necessity, authority,

clarity, consistency, non-duplication and reference with respect to the modification of

paragraph(b)(l) àf Rule 2202 as follows:

Necessity - As set forth in the adopted AQMP, the emission reductions associated

with the ProposedAmended Rule 2202 are needed for the following 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

needed to meet federal a~d state air ~uality standards.

b) By exceeding state and federal air quality standards, the health of

p~àple within the South Coast Air ~asin is impaired.

c) By exceeding state and federal air quality standards, the quality of life

is reduced in the South Coast Air Basin in numerous respects.

d) The “California Clean Air Act” (Health and Safety Code Section

40910 et seq.) requires that the AQMD make every effort to 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 Sections
40458 and repealed Section 44243.5 require the threshold of the Rule to be

• raised as set forth in the attached amendments.

Authority - lie AQMD.~,Boa~d obtains its autl~ority to adopt, amend, or;repeal rules

and V regulations from Health.. &. Safety Code Sections V 400Q0, 40001, 49440,

40440(a)(3), 40441, 40463, 40702, 40716, 40725 through 40728, and 40910. through

40920. V

Clanty -~The AQMD Board determmes that the Proposed Amendment to Subdivision

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

V by persons directly aff~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

contradictory to existing federal or state statutes, court decisions or regulations.

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 proper to execute the powers and duties granted’ to, and imposed upon,

the AQMVD. .,. . ., ‘ V

Reference In adopting the Proposed Amendments to. Subdiv~sion~ (b) of Rule 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

state ATCM 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 and therefore 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 Amendments to Subdivision (b) of Rule 2202, and finds and determines that no

cost-effectiveness finding is necessary; and
WHEREAS, a public hearing has been properly noticed in accordance with the

provisions of Health and Safety Code Section 40725; and

WHEREAS, the Governing Board of the South Coast Air Quality Management

District has held a public hearing in accordance with all provisions of law; and

WHEREAS, effective June 19, 1998, employer worksites with 100 to 249 employees

are automatically exempt from all the requirements of Rule 2202; and

~VHEREAS, Rule 2202 exemption policies that would otherwise require employers

to request exemption are not needed as a result of.the passage of SB 432, the exemptions are

immediate and automatic; and

WHEREAS, only if an employer chooses to notify the AQMD of their exempt status

in writing will AQMD staff forward a written notice of exemption to the employer; and

WHEREAS, Governing Board of the South Coast Air Quality Management District

does hereby adopt Rule 2202 — On-Road Motor Vehicle Mitigation Options Implementation

Guidelines and Employee Commute Reduction Program Guidelines, as set forth in the

attached and incorporated herein by reference; 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 up the emissions shortfall created by the exemption of smaller worksites 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 equivalency Task Force; 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

for interested parties; and
BE IT FURTHER RESOLVED, that the Governing Board of the South Coast Air

• Quality Management District does hereby, pursuant to the authority granted by law, adopt the

Proposed Amendment to Subdivision (b) of Rule 2202 — On-Road Motor Vehicle Mitigation

Options, asset forth in the attached and incorporated herein by reference; and

BE IT FURTHER RESOLVED, that the Governing Board does hereby certify the

Notice of Exemption 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 1506 l(b)(3) and 15062, arid that it has been presented to the

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: —

OF THE DISTRICT

Resolution98/SB432

9/9/98