2 3 4 5 6 RESOLUTION 08-03 A RESOLUTION OF THE GOVERNING BOARD OF THE MOJAVE DESERT AIR QUALITYMANAGEMENT DISTRICT MAKING FINDINGS, CERTIFYING THE NOTICE OF EXEMPTION, RESCINDING RULE 203.1 - SPECIAL PERMIT PROVISIONS; RULE 203.2

- ELIGIBILITYOFCOMPENSATORYEMISSIONREDUCTIONS; RULE 213- STANDARDSFOR PERMITS TO CONSTRUCT: AIR QUALITY IMPACT; RULE 213.1 - STANDARDS FOR PERMITS TO OPERATE: AIR QUALITYIMPACT; RULE 213.2- DEFINITIONS FOR RULES 213, 213.1, AND 213.3; AND RULE 213.3 - ADDITIONAL STANDARDS FOR PERMITS TO CONSTRUCTANDOPERATEAND DIRECTING STAFFACTIONS.

7 On April 28, 2008, on motion by Member VALENTINE, seconded by Member PACK, and 8 carried, the following resolutionis adopted: 9 WHEREAS, the Mojave Desert Air Quality Management District (MDAQMD) has authority 10 pursuant to California Health and Safety Code (H & S Code) §§40702, 40725-40728 to adopt, amend or 11 repeal rules andregulations; and 12 WHEREAS, the proposed rescission will remove several rules from Regulation II

- 

### Permits, 13 specifically Rules 203.1 

### -SpecialPermitProvisions; Rule 203.2- 

### Eligibility ofCompensatory Emission 14 

### Reductions; Rule 213 

### -Standardsfor Permits to Construct: Air Quality Impact; Rule 213.1

- 

### Standards 15 

### for Permits to Operate: Air Quality Impact; Rule 213.2- 

### DefinitionsforRULES2I3, 2!3.I, and213.3; 16 and Rule 213.3- 

### Additional Standardsfor Permits to Construct and Operate because these rules were 17 superceded by the terms ofRegulation XIII as adopted 7/21/80 and its subsequent incorporation into the 18 State Implementation Plan (SIP) (4 7 FR 25013, 40 CFR52.220(c)(87)(iv)); and 19 WHEREAS, despite their inapplicability these rules were never officially rescinded from the 20 MDAQMDrulebook; and 21 WHEREAS, this IS a procedural action to remove superceded rules from the MDAQMD 22 rulebook; and 23 WHEREAS,this action will clarifythe rulebook and avoid confusionwith RegulationXIII -New 24 Source Review; and 25 WHEREAS, Regulation XIII

- 

### New Source Review was most recently amended and SIP 26 approved in 1996; and 27 WHEREAS, the current version ofRegulation XIII in the SIP is 03/25/96 (61 FR 58133; 40 CFR 28 52.220(c)(239)(i)(A)(l)); and

Page 1of3RESOLUTION 08-03 WHEREAS, the proposed rescission ofthese rules is necessary to remove superceded rules from 2 the MDAQMDrulebook; and 3 WHEREAS, the MDAQMDhasthe authority pursuantto H & S Code §40702 to repeal rules and 4 regulations; and 5 WHEREAS, the proposed rescission is clear in that the meaning can be easily understood by the 6 persons impacted by the rules because this action will clarify the rulebook and avoid confusion with 7 Regulation XIII- New Source Review; and 8 WHEREAS, the proposed rescission is ofthese rules is inharmony with, and not in conflict with, 9 or contradictory to existing statutes, court decisions, or state or federal regulations because this action 10 removes supercededrules from the MDAQMD rulebook; and 11 WHEREAS, the proposed rescission ofRules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 does not 12 impose the same requirements as any existing state or federal regulation because the rescission removes 13 supercededrules from the MDAQMD rulebook; and 14 WHEREAS, the proposed rescission of Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 are 15 needed becausethe rescission removes supercededrules from the MDAQMD rulebook; and 16 WHEREAS, a public hearing has been properly noticed and conducted, pursuant to H & S Code 17 §40725, concerningthe proposedrescission ofRules203.1, 203.2, 213, 213.1, 213.2, and 213.3; and 18 WHEREAS, a Notice ofExemption, a Categorical Exemption (Class 8, 14 CCR §15308) for the 19 proposed rescission ofRules 203.1, 203.2, 213, 213.1, 213.2, and 213.3, completed in compliance with 20 the California Environmental Quality Act (CEQA), has been presented to the MDAQMD Board; each 21 member having reviewed, considered and approved the information contained therein prior to acting on 22 the proposed rescission ofRules 203.1, 203.2, 213, 213.1, 213.2, and 213.3, and the MDAQMD Board 23 having determined that the proposed rescission will not have any potential for resulting in any adverse 24 impact upon the environment; and 25 WHEREAS, the Boardhas considered the evidencepresented at the public hearing; and 26 NOW, THEREFORE, BE IT RESOLVED, that the Governing Board ofthe MDAQMD finds 27 that the proposed rescission of Rule 203.1

- Special Permit Provisions; Rule 203.2

- Eligibility of 28 CompensatoryEmission Reductions; Rule 213 StandardsforPermits to Construct:Air QualityImpact;

Page 2 of3RESOLUTION 08-03 Rule 213.1 

### -Standards for Permits to Operate: Air Quality Impact; Rule 213.2- 

### Definitionsfor RULES 2 

### 213, 213.1, and213.3; and Rule 213.3 

### -AdditionalStandardsfor Permits to Construct and Operate are 3 necessary, authorized, clear, consistent, non-duplicative and properlyreferenced; and 4 BE IT FURTHER RESOLVED, that the Governing Board ofthe MDAQMD hereby makes a 5 finding that the Class 8 Categorical Exemption (14 CCR §15308) applies and certifies the Notice of 6 Exemption for theproposedrescission ofRules 203.1, 203.2, 213, 213.1, 213.2, and 213.3; and 7 BE IT FURTHER RESOLVED, that the Board ofthe MDAQMD does hereby adopt, pursuant 8 to the authority granted by law, the proposed rescission of Rules 203.1, 203.2, 213, 213.1, 213.2, and 9 213.3, as set forth in the attachments to this resolution and incorporatedhereinby this reference; and 10 BE IT FURTHERRESOLVED, thatthis resolution shall take effect immediately upon adoption, 11 that the Clerk ofthe Board is directed to file the Notice ofExemption in compliance with the provisions 12 ofCEQA. 13 PASSED, APPROVED AND ADOPTED by the Governing Board ofthe Mojave Desert Air Quality 14 ManagementDistrictby the following vote: 15 AYES: 10 MEMBER: SAGONA, GLASPER, VALENTINE, RIORDAN, PACK, FLOCK, CURRAN, ROTHSCHILD, WILSON 16 NOES: MEMBER: 17 ABSENT: 4 MEMBER: BlANE, CRAIN,HANSBERGER, MITZELFELT 18 ABSTAIN: MEMBER: 19 20 ) STATEOF CALIFORNIA ) 21 ) SS: COUNTY OF SAN BERNARDINO ) 22 ) 23 24 25 26 27 28 I, Michele Baird, ClerkoftheGoverning Board ofthe Mojave DesertAir Quality Management District,hereby certifythe foregoing to be a full, true and correct copy ofthe record ofthe action as the same appears inthe Official Minutes ofsaid Governing Board at its meeting ofApril 28, 2008. 

## /7 " /



### ~ **L-~-;7** ";) :c" 

# /

**<~**

# · " /f

**./~-:~:;;.;?c<:.-J·"Y/** er the overning Board, Mojave Desert Air QualityManagementDistrict.

Page 3 of3