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RESOLUTION 08-03 

A RESOLUTION OF THE GOVERNING BOARD OF THE MOJAVE DESERT AIR 

QUALITY MANAGEMENT DISTRICT MAKING FINDINGS, CERTIFYING THE NOTICE OF 

EXEMPTION, RESCINDING RULE 203.1 - SPECIAL PERMIT PROVISIONS; RULE 203.2 - ELIGIBILITY OF COMPENSATORY EMISSION REDUCTIONS; RULE 213- STANDARDS FOR 

PERMITS TO CONSTRUCT: AIR QUALITY IMPACT; RULE 213.1 - STANDARDS FOR 

PERMITS TO OPERATE: AIR QUALITY IMPACT; RULE 213.2- DEFINITIONS FOR RULES 

213, 213.1, AND 213.3; AND RULE 213.3 - ADDITIONAL STANDARDS FOR PERMITS TO 

CONSTRUCT AND OPERATE AND DIRECTING STAFF ACTIONS. 

7 On April 28, 2008, on motion by Member VALENTINE, seconded by Member PACK, and 

8 carried, the following resolution is 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 and regulations; and 

12 WHEREAS, the proposed rescission will remove several rules from Regulation II - Permits, 

13 specifically Rules 203.1 -Special Permit Provisions; Rule 203.2- Eligibility of Compensatory Emission 

14 Reductions; Rule 213 -Standards for Permits to Construct: Air Quality Impact; Rule 213.1 - Standards 

15 for Permits to Operate: Air Quality Impact; Rule 213.2- Definitionsfor RULES 2I3, 2!3.I, and 213.3; 

16 and Rule 213.3- Additional Standards for Permits to Construct and Operate because these rules were 

17 superceded by the terms of Regulation XIII as adopted 7/21/80 and its subsequent incorporation into the 

18 State Implementation Plan (SIP) ( 4 7 FR 25013, 40 CFR 52.220( c )(87)(iv)); and 

19 WHEREAS, despite their inapplicability these rules were never officially rescinded from the 

20 MDAQMD rulebook; and 

21 WHEREAS, this IS a procedural action to remove superceded rules from the MDAQMD 

22 rulebook; and 

23 WHEREAS, this action will clarify the rulebook and avoid confusion with Regulation XIII -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 of Regulation XIII in the SIP is 03/25/96 (61 FR 58133; 40 CFR 

28 52.220(c)(239)(i)(A)(l)); and 

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RESOLUTION 08-03 

WHEREAS, the proposed rescission of these rules is necessary to remove superceded rules from 

2 the MDAQMD rulebook; and 

3 WHEREAS, the MDAQMD has the authority pursuant to 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 of these rules is in harmony with, and not in conflict with, 

9 or contradictory to existing statutes, court decisions, or state or federal regulations because this action 

10 removes superceded rules from the MDAQMD rulebook; and 

11 WHEREAS, the proposed rescission of Rules 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 superceded rules 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 because the rescission removes superceded rules from the MDAQMD rulebook; and 

16 WHEREAS, a public hearing has been properly noticed and conducted, pursuant to H & S Code 

17 §40725, concerning the proposed rescission ofRules 203.1, 203.2, 213, 213.1, 213.2, and 213.3; and 

18 WHEREAS, a Notice of Exemption, a Categorical Exemption (Class 8, 14 CCR §15308) for the 

19 proposed rescission of Rules 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 of Rules 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 Board has considered the evidence presented at the public hearing; and 

26 NOW, THEREFORE, BE IT RESOLVED, that the Governing Board of the MDAQMD finds 

27 that the proposed rescission of Rule 203.1 - Special Permit Provisions; Rule 203.2 - Eligibility of 

28 Compensatory Emission Reductions; Rule 213 Standards for Permits to Construct: Air Quality Impact; 

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RESOLUTION 08-03 

Rule 213.1 -Standards for Permits to Operate: Air Quality Impact; Rule 213.2- Definitions for RULES 

2 213, 213.1, and 213.3; and Rule 213.3 -Additional Standards for Permits to Construct and Operate are 

3 necessary, authorized, clear, consistent, non-duplicative and properly referenced; and 

4 BE IT FURTHER RESOLVED, that the Governing Board of the MDAQMD hereby makes a 

5 finding that the Class 8 Categorical Exemption (14 CCR §15308) applies and certifies the Notice of 

6 Exemption for the proposed rescission of Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3; and 

7 BE IT FURTHER RESOLVED, that the Board of the 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 incorporated herein by this reference; and 

10 BE IT FURTHER RESOLVED, that this resolution shall take effect immediately upon adoption, 

11 that the Clerk of the Board is directed to file the Notice of Exemption in compliance with the provisions 

12 ofCEQA. 

13 PASSED, APPROVED AND ADOPTED by the Governing Board of the Mojave Desert Air Quality 

14 Management District by 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: 

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20 ) 

STATE OF CALIFORNIA ) 

21 ) SS: 

COUNTY OF SAN BERNARDINO ) 

22 ) 

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I, Michele Baird, Clerk ofthe Governing Board of the Mojave Desert Air Quality Management 

District, hereby certify the foregoing to be a full, true and correct copy of the record of the action as the 

same appears in the Official Minutes of said Governing Board at its meeting of April 28, 2008. 

/7 " 

/ ~ L-~-;7 ";) :c" / <~ · " /f ./~-:~:;;.;?c<:.-J·"Y/ 

er the overning Board, 

Mojave Desert Air Quality Management District. 

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