ATTACHMENT E

A Resolution of the Governing Board of the South Coast Air Quality

Managernent District (AQMD) certifying the Final Environmental Assessment for

Proposed Amended Rule 1146 - Emissions of Oxides of Nitrogen from Industrial,

Institutional, and Commercial Boilers, Steam Generators, and Process Heaters.

A Resolution of the AQMD Governing Board amending Rule 1146 -

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

Boilers, Steam Generators, and Process Heaters.

WHEREAS, the AQMD Governing Board has determined with certainty

that the Proposed Amended Rule 1146 - Emissions of Oxides of Nitrogen from

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

Heaters, is considered 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 program (AQMD Rule 110); and

WHEREAS, AQMD staff has prepared a Draft Environmental

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

515252, seffing'forth the potential environrnental consequences of Proposed Amended

Rule 1146 - Emissions of Oxides of Nitrogen from Industrial, Institutional, and

Commercial Boilers, Steam Generators, and Process Heaters; and

WHEREAS, the Draft EA was circulated for public review, all comments

received were responded to, and the Draft EA has been revised such that it is now a

Final EA; and

WHEREAS, it is necessary that the adequacy of the Final EA, including

the responses to comments, be determined by the AQMD Governing Board prior to its

certification; and

WHEREAS, it is necessary that the AQMD prepare Findings and a

Statement of Overriding Considerations pursuant to CEQA Guidelines $$ 15091 and

15093, respectively, regarding potentially significant adverse environmental impacts

that cannot be mitigated to insignificance; and a Mitigation Monitoring Plan pursuant to

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Public Resources Code $21081.6, regarding the mitigation included in the Final EA;

and

WHEREAS, the AQMD Governing Board prior to voting on Proposed

Amended Rule 1146 - Emissions of Oxides of Nitrogen from Industrial, Institutional,

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

considered the Final EA, including responses to comments, prior to its certification; and

' WHEREAS, the AQMD Governing Board finds and determines, taking

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

modifications adopted which have been made to Proposed Amended Rule 1146 -

Emissions of Oxides of Nikogen from Industrial, Institutional, and Cornmercial 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 Saftty Code S 40726 and would not constitute significant new information

requiring recirculation of the Draft CEQA document pursuant to CEQA Guidelines

$ 15088.5; and

WHEREAS, California Health and Safety Code S 40)727 requires that

prior to adopting, amending or repealing a rule or regulation, the AQMD Governing

Board shall make findings of necessity, authority, claity, consistency, non-duplication,

and reference based on relevant information presented at the public hearing and in the

staff report; and

WIIEREAS, the AQMD Governing Board obtains its authority to adopt,

amend, or repeal rules and regulations from $$ 39002, 40000, 40001, 4A440,40441,

4A702, 40725 through 4A728,41508, and 4fiA0 of the California Health and Safety

Code; and

WIIEREAS, the AQMD Governing Board has determined that there is a

problem that Proposed Amended Rule 1146 - Emissions of Oxides of Nitrogen from

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 'will promote attainment of these standards; and

WHEREAS, the AQMD Governing Board has determined that a need

exists to amend Rule 1146 - Emissions of Oxides of Nitrogen from Industrial,

Institutional, and Commercial Boilers, Steam Generators, and Process Heaters, to

reduce emissions of nitrogen oxides which is a precursor to ozorle and particulate

matter: and

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WHEREAS, the AQMD Governing Board has determined that Proposed

Amended Rule I146 - Emissions of Oxides of Nitrogen from 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

Amended Rule 1146 - Emissions of Oxides of Nitrogen from 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 stafutes, court decisions, or regulations; and

WHEREAS, the AQMD Governing Board has determined that Proposed

Amended Rule 1146 - Emissions of Oxides of Nitrogen from Industrial, Institutional,

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 - Emissions of Oxides of Nitrogen from 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); 40440(a) (rules to cany out the plan); 4A702 (adoption of rules and

regulations); and

WHEREAS, Health and Safety Code 540727.2 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 tfrat the AQMDT analysis-of Proposed Arnendea nute t t+6 is inctuaea in ttre staff

report; and

WHEREAS, the AQMD Governing Board has determined that the

socioeconomic impact assessment of the Proposed Amended Rule 1146 - Emissions of

Oxides of Nitrogen from Industrial, Institutional, and Commercial Boilers, Steam

Generators, and Process Heaters is consistent with the Governing Board March 17,1989

and October 74,1994Board Socioeconomic Resolutions for rule adoption; and

WHEREAS, the AQMD Governing Board has determined that the

socioeconomic impact assessment of the Proposed Amended Rule 1146 - Emissions of

Oxides of Nitrogen from Industrial, Institutional, and Commercial Boilers, Steam

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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 - Emissions

of Oxides of Nitrogen from 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 Rule 1146 - Emissions of Oxides of Nitrogen from Industrial, Institutional,

and Commercial Boilers, Steam Generators, and Process Heaters may result in

increased costs to the industry, yet are considered to be reasonable, with total

annualizedcosts as specified in the Final Socioeconomic Impact Assessrnent; 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 $ 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 1146 - Emissions of Oxides of Nitrogen from Industrial,

Institutional, 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, Californra; and

NOW, THEREFORE, BE IT RESOLVED, that the AQMD Governing

Board hereby certifies that the Final EA for Proposed Amended Rulel 146 - Emissions

of Oxides of Nitrogen from Industrial, Institutional, and Commercial Boilers, Steam

Generators, and Process Heaters, was completed in compliance with CEQA and Rule

110 provisions; and finds that the Final EA was presented to the Governing Board,

whose members reviewed, considered and approved the information therein prior to

acting on proposed amended Rule 11461' and

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BE IT FURTHER RESOLVED, that the Governing Board adopts

Findings and a Statement of Overriding Considerations pursuant to CEQA Guidelines

$15091 and 15093, respectively, and a Mitigation Monitoring Plan pursuant to Public

Resources Code $ 21081.6 regarding adverse environmental impacts that cannot be

mitigated to insignificance, as required by CEQA, and which are included as

Attachment 1 and incorporated herein by reference; 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 identify 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 frnalize the protocol no later than May 1, 2009; and

BE IT FURTHER RESOLVED, that the AQMD Governing Boar-d does

hereby amend, pursuant to the authority granted by law, Rule 1146 - Emissions of

Oxides of Nitrogen from 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 lJranga,Wilson, and Yates.

None.

Carney, Ovitt, and Perry.

NOES:

ABSENT:

Saundra McDaniel. Clerk of the Board

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