State ofCalifornia AIR RESOURCES BOARD Resolution 10-35 November 18, 2010 Agenda Item No: 10-10-2
WHEREAS, the Legislature in Health and Safety Code section 39602 has designated the State Air Resources Board (ARB.6r Board) as the air pollution control agencyfor all purposes setforth in federal law; WHEREAS, ARB is responsible for the preparationofthe State Implementation Plan (SIP) for attaining and maintaining the national ambient air quality standards (NAAQS) as required by the federal Clean AirAct (the Act; 42 U.S.C. section 7401 et seq.), and to this end is directed by Health and Safety Code section 39602 to coordinate the activities of all local and regional air pollution control and air quality managementdistricts '"' (districts) necessary to comply with the Act; WHEREAS, section 39602 ofthe Health and Safety Code also provides thatthe SIP shall include only those provisions necessary to meetthe requirements oftherAct; WHEREAS, ARB is authorized by section 39600 ofthe Health and Safety Code to do such acts as may benecessaryfor the proper execution of its powers andduties; WHEREAS, section 41650ofthe Health and Safety Code requires ARB to approve the

. nonattainment area plan approved and adopted by a district as part ofthe SlP, unless

the Board finds, after a public hearing, thatthe plan does not meetthe requirements of the Act; WHEREAS, sections 39515 and 39516 ofthe Health and Safety Code provide that any power, duty, purpose, function orjurisdiction ofthe Board may be delegated to the Board's Executive Officer as the Board deems appropriate; WHEREAS, the local air districts have primary responsibility forthe control ofair pollution from- non-vehicular sources and for adopting control measures, rules, and

-·regulations to attain the NAAQS within their boundaries pursuantto sections 39002,

40000,40001,40701,40702, and 41650 ofthe Health and Safety Code; WHEREAS, the United States Environmental Protection Agency (U.S. EPA) has published Control Technique Guidelines (CTG) that establish ReasonablyAvailable Control Technology (RACT) limitsforvolatile organic compounds emissions from

- specific stationary source categories and establish various majorsource threshold limits

for areasclassified as nonattairimentforthe 1997 8-Hour Ozone NAAQS;

.Resolution 10-35 2 WHEREAS, U.S. EPA requires districts to review their rules for CTG and major non-CTG sources located in the districtto determine ifthose rules meet RACT requirements and to update or adopt new rules if necessary; WHEREAS, U.S. EPA requires districts not having a .listed CTG or major non-CTG source, and consequently lacking aHACT rule forthat CTG category, to make a negative declaration stating this; WHEREAS, U.S. EPA requires nonattainment districts to submit new oramended rules, when applicable for a given district, for U.S. EPA approval by the due date forthe attainment SIPs; WHEREAS, the Imperial County Air Pollution Control District (District) is the air pollution**-----~control** district**r~§_p_on§ipleJpr** ca_r,-yiflg

_**_gtd1Jh~l?e** res!?_onsibilities in the lmJ2erial**County~---­** nonattainment area, which consists ofall of Imperial County; WHEREAS, On April 30, 2004, U.S. EPA designated Imperial County a·s nonattainment forthe 1997 8-Hour Ozone NAAQS, and classified the county as "marginal" based on 2001 ·through 2003 air monitoring data with an attainment date ofJune 15, 2007;. WHEREAS, On February 13, 2008, U.S. EPAfound that Imperial Countyfailed to attain the 1997 8-Hour OzoneNAAQS by the June 15, 2007 deadline for marginal nonattainment areas; Imperial County was therefore reclassified as a moderate nonattainmentforthat standard; WHEREAS, on December 3, 2009, U.S. EPA determined thatthe Imperial County nonattainment area attained the 1997 8-Hour Ozone NAAQS based upon certified ambient air monitoring data forthe 2006-2008 monitoring period; WHEREAS, due to U.S. EPA's finding ofattainment, the 8-hour ozone SIP for the Imperial County nonattainment area is not required to include an attainment demonstration, demonstration of reasonablefurther progress, or contingency measures; WHE.REAS, federal law set forth in section 110(1) ofthe Act and Title 40, Code of Federal Regulations, section 51.102, requires that one or more public hearings, preceded by at le·ast 30 days notice and opportunity for public review, must be conducted priorto the adoption and submittal to U.S. EPA ofany SIP revision; WHEREAS, following a duly noticed public hearing on July 13, 2010, the Imperial. Co1..1pty Air Pollution Control Board adopted the 2009 Ozone Plan to fulfill the applicable requirements ofthe Act for a moderate 8-hour ozone nonattainment area; WHEREAS, following a duly noticed public hearing on July 13, 2010, the Imperial CountyAir Pollution Control Boardadopted·the2009 RACT SIP to fulfill the applicable requirements oftheActfora moderate 8-hour ozone nonattainment area; WHEREAS, on July 28, 2010 the District submitted the 2009 Ozone Plan and 2009 RACT SIP to ARB as proposed revisions to the California SIP;·1

. Resolution 10-35 

### 3 WHEREAS, the California Environmental QualityAct (CEQA) requires that no project which may have significant adverse environmental impacts may be adopted as originally proposed iffeasible alternative or mitigation measures are available to reduce oreliminate such impacts, unless specific overriding considerations are identified that outweigh the potential adverse consequences ofany unmitigated impacts; WHEREAS, to complywith CEQA, the District prepared and adopted Negative

. Declarationsforthe 2009 Ozone Plan and the RACT SIP, finding thatthese projects will notwill lead to or result in significant adverse impacts; · WHEREAS, the Board finds that; (1) California's State and local air pollutiot:J control programs have together successfully reduced ozone concentrations leading to attainment ofthe 1997 8-Hour Ozone NAAQS in the 1mperial County nonattainment ----area;-(2Ff"heDistrict's-2009--0zone-f21an-and 2009-RACl"--meeUhe-requir:ements-ofthe:

__ **~---:** ClearAirAct; (3) The District's 2009 Ozone Plan and 2009 RACT SIP were adopted in compliance with CEQA requirements. NOW, THEREFORE, BE IT RESOLVED thatthe Board hereby adopts the Imperial

.County 2009 Ozone Plan and 2009 RACT SIP as revisions to the California SIP.

BE IT FURTHER RESOLVED thatthe Board hereby di"rects the Executive Officerto submitthe Imperial County 2009 Ozone Plan and 2009 RACT SIP with the appropriate supporting documentation to the U.S. EPAfor approval as revisions to the California SIP, to be effective, for purposes offederal law, upon approval by U.S. EPA. BE IT FURTHER RESOLVED thatthe Board directs the Executive Officerto work with the District and U.S. EPA and take appropriate action to resolve any completeness or approvability issues that may arise regarding this SIP submission. BE IT FURTHER RESOLVED thatthe Board authorizesthe Executive Officerto include in the SIP submittal anytechnical corrections, clarifications, or additions that may be necessary to secure U.S. EPA approval. BE IT FURTHER RESOLVED that,the Board certifies pursuantto 40 CFR Section 51.102 thatthe Imperial County 2009 Ozone Plan and 2009·RACT SIP were adopted

- after notice and public hearing as required by40 CFR Section 51.102.

I hereby certify thatthe above is a true and correct copy of Resolution-10-35, as adopted. bythe Air Resources Board

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