### ATTACHMENT E

A Resolution

of the Governing Board of the South CoastAir 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 Resolutionof the AQMD Governing Board amending Rule 1146

- Emissions of Oxides of Nitrogen from Industrial, Institutional, and Commercial Boilers, SteamGenerators, and ProcessHeaters.

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" pursuantto the California Environmental Quality Act (CEQA); andWHEREAS, the AQMD has had its regulatory program certified pursuant to Public Resources

Code $21080.5 and has conductedCEQA 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 environrnentalconsequences of ProposedAmended Rule 1146 - Emissions of Oxides of Nitrogen from Industrial, Institutional, and Commercial Boilers, SteamGenerators, and Process

Heaters;and WHEREAS, the Draft EA was circulatedfor 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 adequacyof 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 $$ 15091and 15093, respectively, regarding potentially significant adverse environmental impacts that cannot be mitigated to insignificance; and a Mitigation Monitoring Plan pursuantto

t2Public Resources Code $21081.6,

regardingthe mitigation included in the Final EA; and WHEREAS, the AQMD Governing Board prior to voting on Proposed AmendedRule 1146

- Emissions

of Oxidesof Nitrogenfrom Industrial, Institutional, and CommercialBoilers, Steam Generators, and Process

Heaters,has reviewedand 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 factorsin $ (dXa)(D) of the GoverningBoard Procedures, thatthe modifications adopted which have been made to ProposedAmended Rule 1146 - Emissionsof Oxidesof Nikogen from Industrial, Institutional, and CornmercialBoilers, SteamGenerators,

and Process

Heaters, since notice of public hearingwas publisheddo not significantly changethe meaning of the proposedproject within the meaning of Health and Saftty Code S 40726 and would not constitutesignificant 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

basedon 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 repealrules and regulationsfrom $$ 39002,40000, 40001, 4A440,40441, 4A702,40725through 4A728,41508, and4fiA0 of the California Health and Safety Code;and WIIEREAS, the AQMD Governing Board has determinedthat 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 ProposedAmended Rule 1146 'will promote attainment of thesestandards;

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

IJWHEREAS, the AQMD Governing Board has determinedthat Proposed

AmendedRule I146 - Emissions of Oxides of Nitrogen from Industrial, Institutional, and Commercial Boilers, Steam Generators, and Process

Heaters,as proposed

to be amendedis written or displayed so that its meaning can be easily understoodby the persons directly affectedby it; and WHEREAS, the AQMD Governing Board has determinedthat 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 federalor statestafutes, court decisions,

or regulations;and WHEREAS, the AQMD Governing Board has determinedthat Proposed Amended Rule 1146 - Emissions of Oxides of Nitrogen from Industrial, Institutional, and Commercial Boilers, Steam Generators, and ProcessHeaters, as proposedto be amended does not impose the same requirements as any existing state or federal regulation and the proposedamended rule is necessary

and proper to execute

the powers and duties grantedto, and imposed upon, the District; and

WHEREAS, the AQMD Governing Board has determinedthat Proposed Amended Rule 1146 - Emissions of Oxides of Nitrogen from Industrial, Institutional, and Commercial Boilers, Steam Generators, and ProcessHeaters, as proposed to be amended, references the following statutes which the AQMD hereby implements, interpretsor makes specific: Health and Safety Codea0001(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 540727.2requires the AQMD to prepare a written analysis of existing federal air pollution control requirements applicableto the samesource type being regulatedwheneverit adopts,or amends a rule, such tfratthe AQMDT analysis-of Proposed

Arnendea

nute t t+6 is inctuaea

in ttrestaff report;and WHEREAS, the AQMD Governing Board has determined that the socioeconomic

impact assessment

of the Proposed

AmendedRule 1146- Emissions of Oxides of Nitrogen from Industrial, Institutional, and Commercial Boilers, Steam Generators,

and Process

Heaters is consistent

with the GoverningBoard March 17,1989 andOctober 74,1994Board Socioeconomic Resolutions

for rule adoption;

and WHEREAS, the AQMD Governing Board has determined that the socioeconomic

impact assessment

of the Proposed

AmendedRule 1146- Emissions of Oxides of Nitrogen from Industrial, Institutional, and Commercial Boilers, Steam

t4Generators, and Process

Heatersis 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 impactsof Proposed Amended Rule 1146

- Emissions of Oxides of Nitrogen from Industrial, Institutional, and Commercial Boilers, Steam Generators,

and Process

Heaters setforth in the socioeconomic impact assessment

made public with the agenda packagefor this meeting, and hereby finds and determines that cost impactsare assetforth in that assessment; and WHEREAS, the AQMD Governing Board has determined that Proposed Amended Rule 1146 - Emissionsof 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 specifiedin the Final Socioeconomic Impact Assessrnent;

and WHEREAS, the AQMD Governing Board has actively consideredthe SocioeconomicImpact 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 - Emissionsof Oxides of Nitrogen from Industrial, Institutional, and Commercial Boilers, Steam Generators, and ProcessHeaters 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 ProcessHeaters,was completed in compliance with CEQA and Rule 110 provisions; and finds that the Final EA was presentedto the Governing Board, whose members reviewed, considered and approved the information therein prior to actingon proposedamended Rule 11461'

and

15BE IT FURTHER RESOLVED, that the Governing Board adopts

Findings and a Statementof Overriding Considerations pursuant to CEQA Guidelines $15091 and 15093,respectively, and a Mitigation Monitoring Plan pursuant to Public Resources

Code $ 21081.6 regardingadverseenvironmentalimpactsthat cannot be mitigated to insignificance, as required by CEQA, and which are included as Attachment 1 and incorporatedhereinby reference; and BE IT FURTHER RESOLVED, that the AQMD Governing Board directs staff to conduct an implementation assessment o verify the availability and performanceof ultra low NOx burners, and identify and assess the impact of critical external factors and testing techniqueson NOx measurements and report back to the Governing

Board no laterthanJuly 15, 2010; and ' BE IT FURTHER RESOLVED, that the AQMD Governing Board directsstaff to prepare a draft. streamlined

portable analyzerprotocol for public review andcomment,andto 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 ProcessHeaters,as set forth in the attachedand incorporated herein by reference.

Attachment



### AYES: Antonovich, Burke, Cacciotti, Campbell, Loveridge, Lyou, Pulido,

ReyeslJranga,Wilson,andYates.

None. Carney, Ovitt, and Perry. 

### NOES:
ABSENT:

Saundra McDaniel. Clerk of the Board

l6