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ATTACHM-ENT

### B RESOLUTION NO. 14-15

A Resolution of the Governing Board amending Rule 2449 - Control ofOxides ofNitrogen 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** ofNitrogen from Off-Road Diesel Vehicles are exempt from the requirements ofthe 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 ofthe California Code ofRegulation (CCR); and WHEREAS, in December 2011, the California Air Resources Board (CARB) amended Title I3, 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 includingTitle 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 analysispursuantto suchprogram (SCAQMD Rule ll0); and WHEREAS, the**~CAQMD** Governing·Board fiJ1ds and determines that the proposed amendments to Rule 2449 is considered a "project" pursuant to the CaliforniaEnvironmental 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 CEQApursuanttoCEQA Guidelines §15268-MinisterialProjects. 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 staffhas 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 clarifythattheexistingrulerequirements ofRule 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 VehicleRegulation (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 Section40727 requires thatpriorto adopting, amending brrepealing a rule orregulation, the SCAQMD GoverningBoard shall make findings ofnecessity, authority, clarity, consistency, nonduplication, and reference based onrelevant information presented atthe public hearing· and in the staffreport; 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 ofthe CaliforniaHealth and Safety Code; and WHEREAS, the SCAQMD Governing Board has determined that Proposed Amended Rule 2449

- Control ofOxides ofNitrogen Emissions from Off-Road Diesel Vehicles, as proposed .to be adopted is written or displayed so that its meaning can be clearly understoodby thepersons directly affected by it; and WHEREAS, the SCAQMD ·Governing Board has detennined that Proposed Amended Rule 2449

- Control ofOxides ofNitrogen 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, courtdecisions, orregulations; and WHEREAS, the SCAQMD Governing Board has determined that ·Proposed**A~ended** Rule 2449

- Control ofOxides ofNitrogen. 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 propertoexecutethe powers and duties granted to, arid imposed upon, the District; and WHEREAS, the SCAQMD Governing Board has determined that Proposed Amended Rule 2449

- Control ofOxides ofNitrogen 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 outthe 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 ofProposed Amended Rule 2449 is ·included in the staffreport; and WHEREAS, a public hearing. has been properly noticed in accordance with the_provisions ofHealth and Safety Code Section40725; and WHEREAS, the SCAQMD GoverningBoard**h~s** held.a public hearing in accordance with all provisions ofiaw; and · · · WHEREAS, the SCAQMD Governing Board specifies the Assistant Deputy Executive Officer ofthe Mobile Source Division as the custodian ofthe 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 ofExemption, the July 11, 2014**B~ard** letter, and other supporting documentation werepresented tq the SCAQMD GoverningBoard and -3-**~----·- --~-**  ..- 

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the Governing Board has reviewed and considered the entirety ofthis infonnation'prior to approving theproject; 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

- MinisterialProjects. 

### 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 ManagementDistrictBoardrequeststhat Proposed Amended Rule 2449 be submittedin the State ImplementationPlan; and 

### BE IT FURTHER RESOLVED, that the Executive Officer is hereby directed to forward a copy ofthis 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 inclusionintothe State ImplementationPlan.

AYES: Antonovich, B. Bevoit,J. Benoit, Burke, Cacciotti, Gonzales, Lyou, Nelson, Parker, and Yates. NOES: None. ABSENT: Buscaino, Mitchell, and Pulido.

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# o;.hj SaundraMcDaniel, Clerk oftheBoard

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