MINUTES OF THE GOVERNING BOARD 

OF THE MOJAVE DESERT AIR QUALITY MANAGEMENT DISTRICT 

VICTORVILLE, CALIFORNIA 

AGENDA ITEM 10 

DATE: April 28, 2008 

RECOMMENDATION: Conduct a public hearing to consider the rescission of several 

rules from Regulation II- Permits, specifically: Rule 203.1 --Special Permit Provisions; 

Rule 203.2- Eligibility of Compensatory Emission Reductions; Rule 213 Standards/or 

Permits to Construct: Air Quality Impact; Rule 213.1 -Standards for Permits to 

Operate: Air Quality Impact; Rule 213.2- Definitions for RULES 213, 213.1, and 213.3; 

and Rule 213.3 -Additional Standards for Permits to Construct and Operate: a. Open 

public hearing; b. Receive staff report; c. Receive public testimony; d. Close public 

hearing; e. Make a determination that the CEQA Categorical Exemption applies; f. Waive 

reading of Resolution; g. Adopt Resolution making appropriate findings, certifYing the 

Notice of Exemption, rescinding Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 and 

directing staff actions. 

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rescission because they were superceded by Regulation XIII- New Source Review as 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 pursuant to California Health and Safety Code (H & S Code) §40702 to 

adopt, amend or repeal 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213.3 are proposed for rescission because these rules were superceded by the terms of 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inapplicability these rules were never officially rescinded from the MDAQMD rulebook. 

This is a procedural action to remove superceded rules from the MDAQMD rulebook.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 rule book 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 ofRegulation XIII in the SIP is03/25/96 (61 FR 

58133; 40 CFR 52.220(c)(239)(i)(A)(l)). 

A Notice of Exemption, 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 OF THE GOVERNING BOARD 

OF THE MOJAVE DESERT AIR QUALITY MANAGEMENT DISTRICT 

VICTORVILLE, CALIFORNIA 

AGENDA ITEM 10 PAGE2 

REASON FOR RECOMMENDATION: Health & Safety Code §§40702 and 40703 require 

the Governing Board to hold a public 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 

after public notice and hearing. 

REVIEW BY OTHERS: This item was reviewed by Karen Nowak, District Counsel as to legal 

form and by Eldon Heaston, Executive Director on or before 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 Motion by REBECCA VALENTINE, Seconded by 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 OF THE MOJAVE DESERT AIR QUALITY 

MANAGEMENT DISTRICT MAKING FINDINGS, CERTIFYING THE NOTICE OF EXEMPTION, 

RESCINDING RULE 203.1- SPECIAL PERMIT PROVISIONS; RULE 203.2- ELIGIBILITY OF 

COMPENSATORY EMISSION REDUCTIONS; RULE 213- STANDARDS FOR PERMITS TO 

CONSTRUCT: AIR QUALITY IMPACT; RULE 213.1 STANDARDS FOR PERMITS TO OPERATE: 

AIR QUALITY IMPACT; RULE 213.2- DEFINITIONS FOR RULES 213, 213.1, AND 213.3; AND RULE 

213.3- ADDITIONAL ST ANDARS FOR PERMITS TO CONSTRUCT AND OPERATE AND DIRECTING 

STAFF ACTIONS".