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ATTACHM-ENT B 

RESOLUTION NO. 14-15 

A Resolution of the Governing Board amending Rule 2449 - Control 

of Oxides of Nitrogen from Off-Road Diesel Vehicles. 

A Resolution of the South Coast Air Quality Management District 

Governing Board determining that the proposed amendments to Rule 2449 -

Control of Oxid~s of Nitrogen from Off-Road Diesel Vehicles are exempt from the 

requirements of the California Environmental Quality Act _(CEQA). 

WHEREAS, the California Air Resources Board adopted the In-Use Off ... 

Road Diesel Vehicle Regulation in May 2008 and submitted the regulation to U.S. 

Environmental Protection Agency (EPA) for authorization to implement the regulation 

in July 2008; and 

WHEREAS, Rule 2449 was adopted in May 2008 incorporating by 

reference and opting-in to Section 2449.3, Title 13 of the California Code of Regulation 

(CCR); and 

WHEREAS, in December 2011, the California Air Resources Board 

(CARB) amended Title I 3, CCR, Section 2449 et._, seq. removing Section 2449.2 and. 

renumbering Section 2449.3 to Section 2449.2 and submitted the amended regulation to 

the U.S. EPA on March 1, 2012 requesting authorization to implement the regulation; 

and 

WHEREAS, on September 30, 2013, the U.S. EPA issued a "Notice of 

Decision" granting CARB's request for authorization of the In-l!se Off-Road Diesel 

Vehicle· Regulation including Title 13, CCR, Section 2449.2- Surplus Off-Road Opt-In 

for NOx Program; and , 

WHEREAS, in revie\ving Rule 2449 for approvability into the State 

Implementation Plan (SIP), the U.S. EPA indicated that Rule 2449 needs to be amended 

to reference the appropriate section of the State In-Usc Off-Road Diesel Vehicle 

Regulation (Title 13, CCR, Section 2449.2); and 

WHEREAS, no public meeting was conducted since the proposed 

· amendments to Rule 2449 are administrative in nature; and 

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WHEREAS, the , SCAQMD has had its regulatory program certified 

pursuant to Public Resources t:ode §21080.5 and has conducted CEQA review and 

analysis pursuant to such program (SCAQMD Rule ll 0); and 

WHEREAS, the ~CAQMD Governing· Board fiJ1ds and determines that 

the proposed amendments to Rule 2449 is considered a "project" pursuant to the 

California Environmental Quality Act (CEQA); however, SCAQMD ~taff reviewed the 

proposed project and because the proposed project is required in order to correctly 

reference state regulations and· because the SCAQMD exercises no discretion with 

regard to the project as proposed, the proposed· project is considered to be ministerially 

exempt from CEQA pursuant to CEQA Guidelines §15268- Ministerial Projects. 

WHEREAS, SCAQMD staff has prepared a Notice of Exemption for 

Rule 2449, as proposed to be amended, that is completed in compliance with CEQA 

Guidelines §15002 (k)(l)- General Concepts: and §15061 -.Review for Exemption; mid · · - · · . . 

WHEREAS, the SCAQMD staff has reviewed Proposed Amended Rule . 

2449, and determined that no socioeconomic impact assessment. needs to be performed 

for the proposed amendments because they are administrative· in nature and seek to 

clarify that the existing rule requirements of Rule 2449 are already in effect; and 

WHEREAS, the SCAQMD Governing Board has determined that a need 

exists to adopt Proposed Amerided Rule 2449 to ensure that the proposed amendment 

addresses U:S. EPA's concerns relating to the appropriate reference to the State In-Use 

Off-Road Diesel Vehicle Regulation (13, CCR, Section 2449.2). The above amendment 

would refer to Section 2449.2 instead of Section 2449.3, which is necessary for 

approval in the State Implementation Plan; and 

· WHEREAS, Californial-Iealth and Safety Code Section 40727 requires 

that prior to adopting, amending br repealing a rule or regulation, the SCAQMD 

Governing Board shall make findings of necessity, authority, clarity, consistency, nonduplication, and reference based on relevant information presented at the public hearing· 

and in the staff report; and · 

WHEREAS, the SCAQMD Governing Board obtains its authority to 

adopt, amend,. or repeal rules and regulations· from Sections 39002, 40000, 40001, 

40440, 40441, 40702, 40725 through 40728, 41508, and 41700 of the California Health 

and Safety Code; and 

WHEREAS, the SCAQMD Governing Board has determined that 

Proposed Amended Rule 2449 - Control of Oxides of Nitrogen Emissions from Off-
Road Diesel Vehicles, as proposed .to be adopted is written or displayed so that its 

meaning can be clearly understood by the persons directly affected by it; and 

WHEREAS, the SCAQMD ·Governing Board has detennined that 

Proposed Amended Rule 2449 - Control of Oxides of Nitrogen Emissions from OffRoad Diesel Vehicles, as proposed to be adopted is consistent with, and not in conflict 

with or contradictory to, existing federal or state statutes, court decisions, or regulations; 

and 

WHEREAS, the SCAQMD Governing Board has determined that 

·Proposed A~ended Rule 2449 - Control of Oxides of Nitrogen. Emissions from OffRoad Diesel Vehicles, as proposed to be adopted does not duplicate the requirements of 

existing state or federal regulation and the proposed amended rule is necessary and 

proper to execute the powers and duties granted to, arid imposed upon, the District; and 

WHEREAS, the SCAQMD Governing Board has determined that 

Proposed Amended Rule 2449 - Control of Oxides of Nitrogen Emissions from OffRoad Diesel Vehicles, as proposed to be adopted, references the following statutes 

which the SCAQMD hereby implements, interprets or makes specific: Health and 

SafetY Code 40001 (a) (rules to meet air quality standards) and 40440 (a) (rules to carry 

out the AQMP); and 

WHEREAS, Health and Safety Code Section 40727.2 requires the 

SCAQMD to prepare a written analysis of existing federal air pollution control 

requirements applicable to the same source type being r~gulated whenever it adopts, or 

amends a rule, such that the SCAQMD's analysis of Proposed Amended Rule 2449 is 

·included in the staff report; and 

WHEREAS, a public hearing. has been properly noticed in accordance 

with the _provisions of Health and Safety Code Section 40725; and 

WHEREAS, the SCAQMD Governing Board h~s held .a public hearing in 

accordance with all provisions of iaw; and · · · 

WHEREAS, the SCAQMD Governing Board specifies the Assistant 

Deputy Executive Officer of the Mobile Source Division as the custodian of the Rule 

2449 documents or other materials which constitute the record of proceedings upon 

which the adoption of this proposed project is baseQ, which are located at the 

SCAQMD, 2186.5 Copley Drive, Diamond Bar, California; and 

WHEREAS, the Notice of Exemption, the July 11, 2014 B~ard letter, and 

other supporting documentation were presented tq the SCAQMD Governing Board and 

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the Governing Board has reviewed and considered the entirety of this infonnation 'prior 

to approving the project; and 

NOW, THEREF,ORE, BE IT RESOLVED tha_t the SCAQMD 

Governing Board does hereby detennine, pursuant to the authority granted by law, that 

amendment to Rule 2449 is exempt from CEQA requirements pursuant to CEQA 

Guidelines §15002 (k)(l)- General Concepts;§l5061 (b)(3)- Review for Exemption, 

and § 15268 - Ministerial Projects. 

BE IT FURTHER RESOLVED, that the SCAQMD Governing Board 

does hereby adopt, pursuant to ·the authority granted by law, Rule 2449 - Control of . 

Oxides of Nitrogen Emissions from Off-Road Diesel Vehicles, as set forth in the 

attached and incorporated herein by reference. • 

BE IT FURTHER RESOLVED, that the South Coast Air Quality 

Management District Board requests that Proposed Amended Rule 2449 be submitted in 

the State Implementation Plan; and 

BE IT FURTHER RESOLVED, that the Executive Officer is hereby 

directed to forward a copy of this Resolution and Proposed Amended Rule 2449 to the 

California Air Resources Board for approval and subsequent submittal to the U.S. 

Environmental Protection Agency for inclusion into the State Implementation Plan. 

A YES: Antonovich, B. Bevoit, J. Benoit, Burke, Cacciotti, Gonzales, Lyou, 

Nelson, Parker, and Yates. 

NOES: None. 

ABSENT: Buscaino, Mitchell, and Pulido. 

~v)}ie o;.hj Saundra McDaniel, Clerk of the Board 

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