MINUTES OF THE GOVERNING BOARD OF THE ANTELOPE VALLEY AIR QUALITY MANAGEMENT DISTRICT LANCASTER, CALIFORNIA AGENDA ITEM~ DATE: December 18, 2012 RECOMMENDATION: Set date ofJanuary 15, 2013 to conduct a public hearing to consider the rescission ofRule 1110

- Emissions From Stationary Internal Combustion Engines (Demonstration) and approval ofCEQA documentation. SUMMARY: This item officially sets the date for the mandatory public hearing to be held on the rescission ofRule 1110. Rule 1110 is proposed for rescission to remove a rule that is inapplicable due to the termination ofthe program prior to the formation of the AVAQMD and the fact that none ofthe program engines were located within what is now thejurisdiction ofthe AVAQMD. The AVAQMD is proposing to rescind this rule due to its inapplicability. BACKGROUND: On July 1, 1997 the Antelope Valley Air Pollution Control District (AVAPCD) was created pursuant to statute (former H&S Code §40106, A.B. 266-Knight Ch. 542, statutes of 1996) and assumed all air pollution control responsibilities from the South Coast Air Quality Management District (SCAQMD) for the area ofLos Angeles County outside the South Coast Air Basin. The SCAQMD rules in effect within the jurisdiction ofthe AVAPCD remained in effect until the AVAPCD Governing Board superceded, amended, or rescinded them
. On January 1, 2002 the Antelope Valley Air Quality Management District (AVAQMD) was created pursuant to statute (H&S Code §41300 et seq.) to replace the AVAPCD
. Once again the rules in effect at the time ofthe change remained in effect until the AVAQMD Governing Board superceded, amended or rescinded them. SCAQMD adopted Rule 1110 on November 6, 1981, and is the effective rule in the AVAQMD Rule Book Rule 1110

- Emissions From Stationary Internal Combustion Engines (Demonstration) was adopted by South Coast Air Quality Management District (SCAQMD) on November 6, 1981 to set up a demonstration program to collect emissions data for SCAQMD Rule 1110.1

- Emissionsfrom Stationary Internal Combustion Engines. The SCAQMD demonstration program was completed on or about November 1991
. This was priorto the formation ofthe Antelope Valley Air Pollution Control District on July 1, 1997. Rule 1110 was subsequently rescinded by the SCAQMD on November 14, 1997. Due to the provisions ofthe implementing statute and the subsequent statutory creation ofthe Antelope Valley Air QualityManagement District the rule remained in the AVAQMD rule book thou h it was ina licable due to the termination ofthe ro ram and the fact Cc: Barbara Lods I, CRYSTAL GOREE, DEPUTY CLERK OFTHE GOVERNING BOARD OF THE ANTELOPE VALLEY AIR QUALITY MANAGEMENT DISTRICT. HEREBY CERTIFYTHE FOREGOING TO BE A FULL,TRUE ANO CORRECT COPY OF THE RECOAOOF THE ACTION AS THE SAME APPEARS IN THE OFFICIAL Ml ITES O SAID OVERNING BOARD MEETING ---".LD!i'l9V'-"'q-~~~-DEPUTYCLERK OF THE BOARD ANTEIJI Ii VAL EVAIR QUALITY MANAGEMENT DISTRICT

### MINUTES OFTHE GOVERNING BOARD OFTHEANTELOPEVALLEY AIR QUALITY MANAGEMENT DISTRICT LANCASTER, CALIFORNIA AGENDA ITEM§.

that none ofthe program engines were located within what is now thejurisdiction ofthe AVAQMD. The AVAQMD is proposing to rescind this rule due to its inapplicability. 

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Rule 1110 is a State Implementation Plan (SIP) rule. Removal from the SIP will not cause any increase in emissions since the demonstration program was completed prior to the formation of the AVAQMD and the rule is inapplicable. A Notice ofExemption, Categorical Exemption (Class 8; 14 Cal. Code Reg. §15308) will be prepared by the AVAQMD for the rescission ofRule 1110 pursuant to the requirements of CEQA. 

### REASONFORRECOMMENDATION: 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 SIP revisions be adopted after public notice and hearing. 

### REVIEW BY OTHERS: This item was reviewed as to legal form by Karen Nowak, District Counsel and byEldon Heaston, Executive Director on or before November 29, 2012. 

### FINANCIAL DATA: No increase in appropriation is anticipated. 

### PRESENTER: Bret Banks, Operations Manager

### MINUTES OFTHE GOVERNING BOARD OFTHE ANTELOPEVALLEY AIR QUALITY MANAGEMENT DISTRICT LANCASTER, CALIFORNIA AGENDA ITEM~


### ACTION OFTHE GOVERNING BOARD APPROVED PAGE3

Upon Motion by LAWSON, Seconded by DISPENZA, as approved by the following vote: Ayes: 6 CRIST, DISPENZA, HAWKINS, LAWSON, CHELETTE, JOHNSON Noes: Absent: 2 

### LEDFORD, MANN Abstain: Vacant:

CRYST~L GOREE,~CLERK OFTHE GOVERNING BOARD BY

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