MINUTES OF THE GOVERNING BOARD OF THE MOJAVE DESERTAIR QUALITY MANAGEMENT DISTRICT VICTORVILLE, CALIFORNIA AGENDA ITEM 10 DATE: April 28, 2008 RECOMMENDATION: Conduct apublic hearing to considerthe rescission ofseveral rules from Regulation II- Permits, specifically: Rule 203.1 --SpecialPermit Provisions; Rule 203.2- Eligibility of Compensatory Emission Reductions; Rule 213 Standards/or Permits to Construct: Air QualityImpact; Rule 213.1 -Standards for Permits to Operate: Air Quality Impact; Rule 213.2- Definitionsfor RULES213, 213.1, and213.3; and Rule 213.3 -AdditionalStandardsfor Permits to Construct andOperate: a. Open public hearing; b. Receive staffreport; c. Receive public testimony; d. Close public hearing; e. Make a determination that the CEQA Categorical Exemption applies; f. Waive reading ofResolution; g. Adopt Resolution making appropriate findings, certifYing the Notice ofExemption, rescinding Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 and directing staffactions. SUMMARY: Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 are proposed for rescission because they were superceded by Regulation XIII- New Source Review as adopted in 1980. CONFLICT OF INTEREST: None BACKGROUND: The Mojave Desert Air Quality Management District (MDAQMD) has the authority pursuantto CaliforniaHealth and Safety Code (H & S Code) §40702 to adopt, amend orrepeal rules and regulations. Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 are proposed for rescission because these rules were superceded by the terms of Regulation XIII as adopted 7/21/80 and its subsequent incorporation into the State Implementation Plan (47 FR 25013,40 CFR 52.220(c)(87)(iv)). Despite their inapplicability these rules were never officially rescinded from the MDAQMD rulebook. This is a procedural action to remove superceded rules from the MDAQMD rulebook. This action will clarify the rulebook and avoid confusion with Regulation XIII- New Source Review. Please note, Regulation XIII was most recently amended and SIP approved in 1996. The current version ofRegulationXIII in the SIP is03/25/96 (61 FR 58133; 40 CFR 52.220(c)(239)(i)(A)(l)). A Notice ofExemption, Categorical Exemption (Class 8; 14 Cal. Code Reg. §15308) will be prepared by the MDAQMD for the Rescission ofRules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 ursuant to there uirements ofCEQA.

Cc: Tracy Walters

### MINUTES OFTHE GOVERNING BOARD OFTHE MOJAVE DESERTAIRQUALITYMANAGEMENT DISTRICT VICTORVILLE, CALIFORNIA AGENDA ITEM 

### 10 PAGE2

REASON FORRECOMMENDATION: Health & Safety Code §§40702 and 40703 require the Governing Board to hold apublic hearing before adopting rules and regulations. Also, 42 U.S.C. §7410(1) (FCAA §110(1)) requires that all State Implementation Plan revisions be adopted afterpublic notice and hearing. 

### REVIEWBY OTHERS: This item was reviewed by Karen Nowak, District Counsel as 

### to legal form and by Eldon Heaston, Executive Directoronorbefore April 8, 2008. 

### FINANCIAL DATA: No increase in appropriation is anticipated. 

### PRESENTER: Alan De Salvio, Supervising Air Quality Engineer 

### ACTION OF THE GOVERNING BOARD APPROVED Upon Motionby 

### REBECCA VALENTINE, Secondedby 

### ED PACK, as approved by the following roll call vote: 

### Ayes: 10 

### SAGONA, CURRAN, LEONE, GLASPER, VALENTINE, RIORDAN, PACK,FLOCK, ROTHSHCILD,WILSON Noes: Absent: 4 

### BlANE, CRAIN, MITZELFELT, HANSBERGER Abstain: Vacant:

B



## Z~.dd<~ **M~;**

### BAIRD, CLERK_OF THE GOVERNING BOARD Dated( RIL 28, 2008

Ref: Resolution 08-03, titled, "A RESOLUTION OFTHE MOJAVE DESERT AIR QUALITY MANAGEMENT DISTRICT MAKING FINDINGS, CERTIFYING THE NOTICE OF EXEMPTION, RESCINDING RULE 203.1- SPECIALPERMITPROVISIONS; RULE 203.2- ELIGIBILITY OF COMPENSATORY EMISSION REDUCTIONS; RULE 213- STANDARDS FORPERMITSTO CONSTRUCT: AIR QUALITY IMPACT; RULE 213.1 STANDARDS FORPERMITSTO OPERATE: AIR QUALITY IMPACT; RULE 213.2- DEFINITIONS FORRULES 213, 213.1, AND 213.3; AND RULE 213.3- ADDITIONAL STANDARS FOR PERMITSTO CONSTRUCTAND OPERATE AND DIRECTING STAFFACTIONS".