State of California 

AIR RESOURCES BOARD 

Resolution 1 0-35 

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 agency for all 

purposes set forth in federal law; 

WHEREAS, ARB is responsible for the preparation of the State Implementation Plan 

(SIP) for attaining and maintaining the national ambient air quality standards (NAAQS) 

as required by the federal Clean Air Act (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 management districts '"' 

(districts) necessary to comply with the Act; 

WHEREAS, section 39602 of the Health and Safety Code also provides that the SIP 

shall include only those provisions necessary to meet the requirements of therAct; 

WHEREAS, ARB is authorized by section 39600 of the Health and Safety Code to do 

such acts as may be necessary for the proper execution of its powers and duties; 

WHEREAS, section 41650 of the Health and Safety Code requires ARB to approve the 

. nonattainment area plan approved and adopted by a district as part of the Sl P, unless 

the Board finds, after a public hearing, that the plan does not meet the requirements of 

the Act; 

WHEREAS, sections 39515 and 39516 of the Health and Safety Code provide that any 

power, duty, purpose, function or jurisdiction of the Board may be delegated to the 

Board's Executive Officer as the Board deems appropriate; 

WHEREAS, the local air districts have primary responsibility for the control of air 

pollution from- non-vehicular sources and for adopting control measures, rules, and 

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

40000,40001,40701,40702, and 41650 of the Health and Safety Code; 

WHEREAS, the United States Environmental Protection Agency (U.S. EPA) has 

published Control Technique Guidelines (CTG) that establish Reasonably Available 

Control Technology (RACT) limits for volatile organic compounds emissions from 

- specific stationary source categories and establish various major source threshold limits 

for areas classified as nonattairiment for the 1997 8-Hour Ozone NAAQS; . 
Resolution 1 0-35 2 

WHEREAS, U.S. EPA requires districts to review their rules for CTG and major 

non-CTG sources located in the district to determine if those 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 a HACT rule for that CTG category, to make a 

negative declaration stating this; 

WHEREAS, U.S. EPA requires nonattainment districts to submit new or amended rules, 

when applicable for a given district, for U.S. EPA approval by the due date for the 

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 of all of Imperial County; 

WHEREAS, On April 30, 2004, U.S. EPA designated Imperial County a·s nonattainment 

for the 1997 8-Hour Ozone NAAQS, and classified the county as "marginal" based on 

2001 ·through 2003 air monitoring data with an attainment date of June 15, 2007;. 

WHEREAS, On February 13, 2008, U.S. EPA found that Imperial County failed to attain 

the 1997 8-Hour Ozone NAAQS by the June 15, 2007 deadline for marginal 

nonattainment areas; Imperial County was therefore reclassified as a moderate 

nonattainment for that standard; 

WHEREAS, on December 3, 2009, U.S. EPA determined that the Imperial County 

nonattainment area attained the 1997 8-Hour Ozone NAAQS based upon certified 

ambient air monitoring data for the 2006-2008 monitoring period; 

WHEREAS, due to U.S. EPA's finding of attainment, the 8-hour ozone SIP for the 

Imperial County nonattainment area is not required to include an attainment 

demonstration, demonstration of reasonable further progress, or contingency measures; 

WHE.REAS, federal law set forth in section 11 0(1) of the 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 prior to the adoption and submittal to U.S. EPA of any 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 of the Act for a moderate 8-hour ozone nonattainment area; 

WHEREAS, following a duly noticed public hearing on July 13, 2010, the Imperial 

County Air Pollution Control Boardadopted·the 2009 RACT SIP to fulfill the applicable 

requirements of the Act for a 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 1 0-35 3 

WHEREAS, the California Environmental Quality Act (CEQA) requires that no project 

which may have significant adverse environmental impacts may be adopted as 

originally proposed if feasible alternative or mitigation measures are available to reduce 

or eliminate such impacts, unless specific overriding considerations are identified that 

outweigh the potential adverse consequences of any unmitigated impacts; 

WHEREAS, to comply with CEQA, the District prepared and adopted Negative . 

Declarations for the 2009 Ozone Plan and the RACT SIP, finding that these projects will 

not will 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 of the 1997 8-Hour Ozone NAAQS in the 1mperial County nonattainment 

----area;-(2Ff"heDistrict's-2009--0zone-f21an-and 2009-RACl"--meeUhe-requir:ements-ofthe: __ ~---: 

Clear Air Act; (3) The District's 2009 Ozone Plan and 2009 RACT SIP were adopted in 

compliance with CEQA requirements. 

NOW, THEREFORE, BE IT RESOLVED that the Board hereby adopts the Imperial 

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

BE IT FURTHER RESOLVED that the Board hereby di"rects the Executive Officer to 

submit the Imperial County 2009 Ozone Plan and 2009 RACT SIP with the appropriate 

supporting documentation to the U.S. EPA for approval as revisions to the California 

SIP, to be effective, for purposes of federal law, upon approval by U.S. EPA. 

BE IT FURTHER RESOLVED that the Board directs the Executive Officer to 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 that the Board authorizes the Executive Officer to include 

in the SIP submittal any technical corrections, clarifications, or additions that may be 

necessary to secure U.S. EPA approval. 

BE IT FURTHER RESOLVED that,the Board certifies pursuant to 40 CFR Section 

51.102 that the Imperial County 2009 Ozone Plan and 2009 ·RACT SIP were adopted 

- after notice and public hearing as required by 40 CFR Section 51.102. 

I hereby certify that the above is a true and 

correct copy of Resolution-10-35, as adopted. 

by the Air Resources Board .. 

Board 

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