Appendix G 

Legal Authority and Other Requirements 
 

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May 7, 2007 Appendix G 1 

Overview of California’s Legal Authority

Legal authority to regulate sources of air pollution in California is found in both 

federal and state law. At the federal level, the Clean Air Act (“the Act” or “CAA”) 

calls for a two or three partner endeavor involving federal, state and, where 

permitted by state law, local authorities. The Act directs the U.S. Environmental 

Protection Agency (U.S. EPA) to undertake a national effort to improve air 

quality. To carry out this directive, U.S. EPA is directed to establish national 

ambient air quality standards to protect the public health and welfare (CAA 

§109). 

The primary tool to be used in the effort to attain national standards is a SIP to be 

developed by each state that has one or more nonattainment areas. The SIP must 

provide for implementation, maintenance, and enforcement of the national 

standards (CAA §110(a)(1)). CAA § 110(a)(2)(A) broadly authorizes and directs 

states to include in their SIPs: 

 "...enforceable emission limitations and other control measures, 

means, or techniques (including economic incentives such as fees, 

marketable permits, and auctions of emissions rights), as well as 

schedules and timetables for compliance, as may be necessary or 

appropriate to meet the applicable requirements of this Act." 

While the Act requires states to develop SIPs, and clearly intends that they bear 

primary responsibility for attaining the national standards (CAA §101(a)(3)), it also 

provides U.S. EPA with two significant roles in this process. As a partner in the 

effort to attain and maintain the standards, U.S. EPA is authorized and directed to 

adopt measures to control emissions from various sources, such as consumer 

products, motor vehicles, nonroad engines and vehicles, and aircraft (CAA 

§§183(e)(3), 202, 213 and 231). Additionally, U.S. EPA has ultimate authority and 

responsibility to intervene with direct federal action if the SIP is inadequate, 

incomplete or not properly implemented by the state (CAA §§ 110(c)(1) and 113). 

Similarly, California law generally divides responsibility for meeting the 

requirements of the Clean Air Act (as well as separate, comprehensive state 

requirements related to air quality) between ARB and local air pollution control or air 

quality management districts (districts). However, other state or local agencies also 

have the authority under state law to regulate certain pollutant-emitting sources or 

activities. For example, the State's motor vehicle inspection and maintenance 

program is primarily the responsibility of the Bureau of Automotive Repair in the 

Department of Consumer Affairs, and the Department of Pesticide Regulation has 

primary authority to regulate the use of pesticides. Legal authority for state, district, 

and local efforts to improve air quality is contained primarily in Division 25.5 and 

Division 26 of the California Health and Safety Code, although authority for some 

programs is located elsewhere in the State codes.1

 

1

All section references in this discussion are to the Health and Safety Code unless otherwise 

specified. 
May 7, 2007 Appendix G 2 

Pursuant to these codes, ARB is charged with coordinating, regional and local 

efforts to attain and maintain both state and national ambient air quality standards. 

The direct statutory link between ARB and the mandates of the CAA is found in 

§39602 of the Health and Safety Code, which states: 

 "The state board is designated the air pollution control agency 

for all purposes set forth in federal law. 

 The state board is designated as the state agency responsible 

for the preparation of the state implementation plan required by the 

Clean Air Act (42 U.S.C., Sec. 7401, et seq.) and, to this end, shall 

coordinate the activities of all districts necessary to comply with that 

act. 

 Notwithstanding any other provision of this division, the state 

implementation plan shall only include those provisions necessary to 

meet the requirements of the Clean Air Act." 

In directing the California approach to improving air quality, State law divides 

control activities into vehicular and nonvehicular sectors (§§39002 and 40000). 

The control of vehicular sources is the responsibility of ARB, while primary 

responsibility for nonvehicular controls falls to the local air districts (§§ 39002, 

40000-40002, 40702, 40717; see also §§ 40400-40540 for provisions specific to 

the South Coast Air Quality Management District). These authorities have been 

used by the local districts to adopt and enforce numerous rules to control air 

pollution. In addition, ARB has comprehensive oversight authority over the districts 

to undertake nonvehicular source control activities if any districts fails to perform 

satisfactorily (§§39002, 41500, 41502, 41503, 41504, 41505 and 41652). 

The Clean Air Act requires that SIP provisions be legally enforceable. Under State 

law, a tiered system of authority for enforcement exists which parallels the authority 

to develop and implement the SIP. ARB has authority to enforce vehicular controls. 

(See, e.g., §§41510, 41511 and 41513, 43012, 43016 and 43017, 43100, 43105, 

43106, 43204-43212 and Vehicle Code §§27156, 38390 and 38391.) Primary 

responsibility for nonvehicular enforcement is vested in the local air districts. (See, 

e.g., §§41510, 41511 and 41513, and 42300 et seq.) However, if ARB finds that a 

district is not taking reasonable action to enforce applicable air pollution control 

statutes, rules and regulations, ARB may, after a public hearing, assume the 

district's enforcement powers and enforce these laws (§41505). U.S. EPA has 

similar authority to assume enforcement jurisdiction if a state fails to enforce SIP 

provisions (CAA §113). 

Within the framework of state and local shared responsibility for air pollution 

control, with ultimate air district accountability to ARB, ARB has the necessary 

statutory authority to assure compliance with the requirements of the Clean Air 

Act relating to the attainment of national standards and the rate-of-progress 

demonstrations. 
May 7, 2007 Appendix G 3 

Legal Authority to Adopt State and Federal SIP Measures

State components of the 2007 SIP are designed to reduce emissions from onroad mobile sources (passenger vehicles and trucks), off-road mobile sources 

(agricultural equipment, construction equipment, and other off-road sources), 

goods movement sources, and areawide sources (consumer products and 

pesticides). The legal authority for implementing the measures in each of these 

categories is described below. 

 Mobile Sources

Mobile source measures are a central component of the 2007 SIP. The measures 

include reductions to be realized from actions taken or to be taken at both the 

federal and state level. 

Federal Responsibility for National Mobile Source Measures 

If all areas of the State are to demonstrate attainment by the specified deadlines, a 

critical part of the overall strategy to reduce mobile source emissions in California 

must be U.S. EPA's regulation of national sources pursuant to §§202(a)(2)(B), 213 

and 231 of the Clean Air Ac (CAA). Projected emissions from sources under 

federal jurisdiction are very significant, and these emission categories are expected 

to grow dramatically through 2024 without new strategies. Under these 

circumstances, U.S. EPA has an obligation under the CAA to promulgate standards 

for these unregulated or underregulated national sources. Such measures should 

be fully creditable in the SIP. 

Certainly, U.S. EPA has the authority to adopt standards for national sources in 

order to assist states in achieving the national ambient air quality standards 

(NAAQS). U.S. EPA's authority derives from a number of provisions of the Clean 

Air Act which authorize or require the promulgation of various types of control 

measures. The scope of U.S. EPA's authority under many of these provisions is 

broadly defined. For example, CAA §202 directs the Administrator of the U.S. EPA 

to establish emission standards for new motor vehicles and CAA §231 directs the 

Administrator to establish aircraft emission standards. Both of these sections direct 

the Administrator to promulgate regulations in order to control emissions: 

"which, in his judgment, cause or contribute to air pollution which may 

reasonably be anticipated to endanger public health and welfare ..." 

(CAA §§202(a) and 231(a)(2)). 

CAA §213 provides U.S. EPA with the authority to adopt emission standards for 

nonroad engines and vehicles (such as marine vessels, construction equipment, 

and farm equipment). Under §213, the Administrator is required to determine 

whether ozone precursor or carbon monoxide emissions from nonroad engines or 

vehicles (other than locomotives) "cause, or significantly contribute to, air pollution 

which may reasonably be anticipated to endanger public health or welfare" and to 

regulate the sources that in his judgment "cause, or contribute to, such air 
May 7, 2007 Appendix G 4 

pollution." CAA §213 also directs the Administrator to adopt emission standards for 

new locomotives that: 

 "achieve the greatest degree of emission reduction achievable 

through the application of technology which the Administrator 

determines will be available for the locomotives or engines to which 

such standards apply, giving appropriate consideration to the cost of 

applying such technology within the period of time available to 

manufacturers and to noise, energy and safety factors associated 

with the application of such technology." (CAA §213(a)(5).) 

Federal law preempts individual states from adopting emission standards for most 

of these sources (see CAA §§209 and 233). As explained in the next section, 

however, California has concurrent authority to regulate some nonroad engines or 

vehicles including marine vessels, and California can obtain a waiver of federal 

preemption to adopt emission standards for other national source categories. 

If California is to adequately protect public health, the essential emission reductions 

necessary from these sources must be fully realized through timely promulgation of 

all feasible standards for national sources by U.S. EPA under the authorities 

provided in the Act. Without such federal control of preempted and national 

transportation sources, California simply cannot adequately protect public health 

because it is not possible to obtain sufficient emission reductions solely from 

sources under local and jurisdiction to offset uncontrolled or undercontrolled 

emissions contributed by national sources subject to federal control. 

 

The very broad language of the Clean Air Act authorizes and directs the 

Administrator to establish appropriate standards for national sources in order to 

effectively address emissions from these sources in California and other states. 

Such standards are necessary and technologically feasible; therefore, U.S. EPA 

has an obligation to promulgate these standards without delay. 

 

General State Authority for Mobile Source Measures 

ARB has broad authority under State law to regulate mobile sources. Health and 

Safety Code §§ 43000, 43000.5, 43013(b) and 43018 provide authority for ARB 

to adopt emission standards and other regulations to reduce emissions from new 

and in-use motor vehicles and other mobile sources. These authorities empower 

the Board to adopt the mobile source regulations and other control measures 

identified in this SIP. Health and Safety Code §43013(a) provides that: 

"The state board may adopt and implement motor vehicle emission 

standards, in-use performance standards, and motor vehicle fuel 

specifications for the control of air [pollutants] and sources of air 

pollution which the state board has found to be necessary, costeffective, and technologically feasible to carry out the purposes of this 

division, unless preempted by federal law." 
May 7, 2007 Appendix G 5 

In addition, Health and Safety Code §43018 provides: 

"The state board shall endeavor to achieve the maximum degree of 

emission reduction possible from vehicular and other mobile sources 

in order to accomplish the attainment of the state standards at the 

earliest practical date." 

To carry out these directives, the Board is directed to: 

"... adopt and implement emission standards for new motor vehicles 

[or new motor vehicle engines] for the control of emissions therefrom, 

which standards the state board has found to be necessary and 

technologically feasible to carry out the purposes of this division. 

Prior to adopting such standards, the state board shall consider the 

impact of such standards on the economy of the state, including, but 

not limited to, their effect on motor vehicle fuel efficiency." (§43101) 

The Board is also directed by §43013(b) to regulate other categories of mobile 

sources: 

“The state board shall ... adopt standards and regulations for ... off-road or 

nonvehicle engine categories, including, but not limited to, off-highway 

motorcycles, off-highway vehicles, construction equipment, farm equipment, 

utility engines, locomotives, and, to the extent permitted by federal law, 

marine vessels.” 

ARB is further authorized by State law to adopt Air Toxic Control Measures 

(ATCMs) to control identified toxic air contaminants (TACs). ARB has identified a 

number of substances as TACs, including “particulate emissions from dieselfueled engines” (see title 17, California Code of Regulations, sections 93000 and 

93001). The authority to identify TACs and adopt ATCMs is provided by the 

Tanner Act (Health and Safety Code §39650 et seq.). Under the Tanner Act, ARB 

may adopt ATCMs to control TAC emissions from both nonvehicular sources 

(such as off-road diesel engines and equipment, marine vessels, etc.) and from 

vehicular sources such as on-road diesel trucks (see §§36658, 39666, and 39667). 

ATCMs may specify both new and in-use emission standards for all of these 

sources. 

Each of the sections cited above must be read in the context of Health and Safety 

Code 39600, which provides that: "The state board shall do such acts as may be 

necessary for the proper execution of the powers and duties granted to, and 

imposed upon, the state board by this division and by any other provision of law." 

Pursuant to these authorities ARB has adopted the world's most stringent 

standards for passenger cars, light-duty trucks and medium-duty vehicles. ARB 

has also adopted regulations establishing standards for heavy-duty vehicles, offroad vehicles and engines, including small off-road engines and equipment (e.g., 

lawn and garden, small utility engines), off-road recreational vehicles (e.g., dirt 
May 7, 2007 Appendix G 6 

bikes, all-terrain vehicles, golf carts), off-road diesel engines and equipment (e.g., 

certain farm and construction equipment, portable generators), off-road gasoline 

and LPG engines and equipment (e.g., forklifts, airport ground support equipment), 

and marine pleasure craft (e.g., jet skies and recreational boats). 

Federal Preemption and Waivers 

The CAA preempts states, including California, from adopting requirements for 

new off-road engines smaller than 175 horsepower used in farm or construction 

equipment. (CAA §209(e)). However, the CAA does not preempt California from 

adopting requirements for new off-road engines greater than 175 horsepower 

used in farm or construction equipment. California may also adopt in-use 

emission standards for off-road engines. However, California must obtain 

authorization from the Administrator of the U.S. EPA (i.e., a waiver) under CAA 

§209(e) before any new or in-use standards for off-road vehicles can be 

enforced, unless such standards are within the scope of a previously granted 

authorization. 

In-use standards for on-road vehicles and engines (such as diesel trucks) are not 

covered by CAA §209. California is not preempted from adopting in-use, on-road 

standards and does not need to obtain a waiver for such standards. 

State Authority to Regulate Marine Vessels

State law authorizes ARB to regulate marine vessels to the extent such 

regulation is not preempted by federal law. This authority is provided by Health 

and Safety Code §§43013 and 43018 and by the Tanner Act, which authorizes 

the adoption of ATCMs to regulate diesel particulate emissions from marine 

vessels. 

The CAA places certain constraints on ARB’s legal authority to regulate 

emissions from marine vessels in California Coastal Waters. The key issue is 

whether ARB measures are engine emission standards or in-use operational 

requirements. The CAA preempts California from implementing engine emission 

standards (e.g., new or retrofit engine standards or requirements) unless 

California has received authorization from the U.S. EPA to enforce such 

standards under CAA §209(e)(2). However, the CAA does not preempt states 

from implementing in-use operational standards, which include but are not limited 

to restrictions on hours of operation, sulfur limits on fuel, and daily mass emission 

limits (see Appendix A to 40 CFR Part 89, Subpart A, as discussed at 62 FR 

67733, 67735 (December 30, 1997)). 

The 2007 SIP includes measures to require the use of cleaner, low-sulfur fuel in 

ship auxiliary and main engines. These requirements are best characterized as 

in-use operation requirements that are not preempted under the CAA. However, 

to the extent that these fuel requirements could be characterized as engine 

emission standards, California would need to get U.S. EPA authorization under 

CAA section 209(e). Authorization from U.S. EPA under CAA section 209(e) will 
May 7, 2007 Appendix G 7 

also be needed for the proposed SIP measures on harborcraft that would impose 

new engine and in-use retrofit/repower standards. 

The 2007 SIP also includes a cold-ironing measure for ships. This measure will 

likely not require U.S. EPA authorization since the measure can be drafted as an 

in-use operational requirement. Similarly, the vessel speed reduction measure in 

the SIP would clearly be an in-use operational requirement that does not require 

U.S. EPA authorization. However, to the extent these two measures mandate 

the installation and use of specific equipment on board vessels, those mandates 

would likely require U.S. EPA authorization under CAA §209(e). 

Case law supports California authority to regulate marine vessel emissions while 

the ships are at the ports and in California Coastal Waters, provided a 

reasonable “nexus” is established between the regulation and the state’s 

legitimate interest in protecting the health and safety of its citizens or its natural 

resources (see Gillis v. State of Louisiana, 294 F.3d 755, 761 (5th Cir. 2002)). 

Properly drafted to avoid impacting the internal affairs of a vessel, California 

regulations on marine vessels could also be extended to foreign-flagged vessels 

as well as U.S.-flagged ones (see Spector v. Norwegian Cruise Line, Ltd., 545 

U.S. 119, 130-131). 

Smog Check Program

California’s vehicle inspection and maintenance program (commonly referred to 

as the “smog check program”) is administered by the Bureau of Automotive 

Repair, which has the authority under state law for developing and implementing 

the program (§ 44002). The overall structure of California’s current smog check 

program was established by legislation enacted in 1994 in response to the 

requirements of the federal Clean Air Act and U.S. EPA regulations. The laws 

governing the implementation and enforcement of the program are set forth in 

Health and Safety Code §44000 et seq. 

 Fuels 

ARB has the authority to regulate the content of motor vehicle fuels. This was 

recognized by the California Supreme Court in a 1975 decision, Western Oil & Gas 

Assn. v. Orange County Air Pollution Control District (1975), 14 Cal. 3d 411, 418-

420, which held that the authority of ARB to adopt and implement motor vehicle 

emission standards includes the authority to set standards for motor vehicle fuels. 

ARB’s authority over fuels was reaffirmed and clarified in the California Clean Air 

Act of 1988, which added §43018 to the Health and Safety Code and substantially 

amended §43013. These sections provide that ARB has the authority to establish 

motor vehicle fuel regulations, and that before adopting and amending such 

regulations ARB must take certain specified actions and make specified 

determinations. 
May 7, 2007 Appendix G 8 

 Consumer Products 

ARB has broad authority under California law to regulate consumer products. 

Specifically, Health and Safety Code §41712(b) provides that: 

 "The state board shall adopt regulations to achieve the maximum 

feasible reduction in volatile organic compounds [VOC] emitted by 

consumer products, if the state board determines that adequate data 

exists to establish both of the following: 

 (1) The regulations are necessary to attain state and federal 

ambient air quality standards. 

 (2) The regulations are commercially and technologically 

feasible and necessary.” 

 (See also §39600.) 

Pursuant to this authority ARB has already adopted standards for numerous 

categories of consumer products and has achieved significant emission reductions 

from these products. ARB will continue to develop and adopt measures that limit 

the VOC emissions from consumer products. 

Vapor Recovery 

Health and Safety Code §41954 requires ARB to adopt procedures and 

performance standards for controlling gasoline vapor emissions from gasoline 

marketing operations, including transfer and storage operations, to achieve and 

maintain ambient air quality standards. This section also authorizes ARB, in 

cooperation with districts, to certify vapor recovery systems that meet the 

performance standards. Health and Safety Code §39607(d) requires ARB to adopt 

test procedures to determine compliance with ARB and districts’ non-vehicular 

standards. State law (§41954) further requires districts to use ARB test procedures 

for determining compliance with performance standards and specifications 

established by ARB. 

To comply with these provisions of state law, ARB has adopted the gasoline vapor 

recovery certification and test procedures found in 17 California Code of 

Regulations §§94010 to 94015 and 94101 to 94165. These regulations reference 

procedures for certifying vapor recovery systems and test procedures for verifying 

compliance with performance standards and specifications. 

 Pesticides 

DPR has broad authority under state law to control the use of pesticides for the 

purposes of protecting human health and the environment, including improving air 

quality. This authority is set forth in Divisions 6 and 7 of the California Food and 

Agricultural Code (FAC); (FAC §§14082, 14102, also §§12781, 12824-12828, 

12976-12977, 12991-12995, 12996-12999, 13101 and 13102). Following are more 

specific descriptions of DPR’s authority in particular areas. 
May 7, 2007 Appendix G 9 

DPR has the power to adopt regulations to carry out the provisions of the FAC 

that it is authorized to administer or enforce (FAC §§11456, 11502.5, 12781, 

12976, 12981). No pesticide may be manufactured, sold or offered for sale in 

California unless it has been registered by the DPR (§12811). DPR may place 

appropriate restrictions on a pesticide’s use, including limitations on the quantity, 

area, and manner of application (§12824). 

Use of pesticides classified as “restricted materials” often requires a permit (see 

§§14006.5; title 3, California Code of Regulations (CCR), §6412). All agricultural 

and commercial structural use fumigants are restricted materials. Permits to use 

restricted materials are issued by the appropriate County Agricultural 

Commissioner, or by DPR in counties that have no County Agricultural 

Commissioner. DPR can and does recommend permit conditions to be included 

in restricted material permits. DPR can also enact use restrictions or permit 

conditions by regulation (FAC §14007(a)). DPR must adopt regulations 

governing the use of any restricted material that the Director determines is 

injurious to the environment (FAC §14005). It is unlawful to apply any restricted 

material for which regulations have been adopted except as provided in such 

regulations (FAC §4011). 

All agricultural and commercial structural use of pesticides must be reported (title 

3, CCR §6624 and FAC §12979). Among other information, the Pesticide Use 

Reports must identify the date of application; location of property treated; total 

acres or units treated; and the pesticide and amount used (title 3, CCR §6624). 

 New Technology Measures for ARB’s Long-Term Strategy 

Like the 1994 and 1999 SIPs for the South Coast Air Basin, this SIP contains a 

special class of new technology measures necessary to contribute to attainment in 

the South Coast and San Joaquin Valley. CAA §182 sets out requirements for 

marginal, moderate, serious, severe and extreme ozone nonattainment areas, with 

the requirements for each level building on the preceding requirements. The South 

Coast and San Joaquin Valley have or intend to request to “bump-up” to an 

extreme classification in order to show attainment of the federal 8-hour ozone 

standard by 2024. As extreme areas, the South Coast and San Joaquin Valley will 

be required to meet the most strenuous requirements applicable to areas with 

lesser ozone problems, plus all of the requirements of CAA §182(e)(1) through (3). 

The following discussion applies to any California nonattainment area classified as 

extreme. 

To address attainment planning for extreme ozone nonattainment areas, 

Congress enacted CAA §182(e)(5) as part of the 1990 CAA amendments. 

Specifically, CAA §182(e)(5) provides: 

 "The Administrator may, in accordance with section 110, approve 

provisions of an implementation plan for an Extreme Area which 

anticipate development of new control techniques or improvement of 

existing control technologies, and an attainment demonstration based 
May 7, 2007 Appendix G 10 

on such provisions, if the State demonstrates to the satisfaction of the 

Administrator that-- 

 (A) such provisions are not necessary to achieve the 

incremental emission reductions required during the first 10 years 

after the date of the enactment of the Clean Air Act Amendments of 

1990; and 

 (B) the State has submitted enforceable commitments to 

develop and adopt contingency measures to be implemented as set 

forth herein if the anticipated technologies do not achieve planned 

reductions. 

 Such contingency measures shall be submitted to the Administrator 

no later than 3 years before proposed implementation of the plan provisions 

and approved or disapproved by the Administrator in accordance with 

section 110. The contingency measures shall be adequate to produce 

emission reductions sufficient, in conjunction with other approved plan 

provisions, to achieve the periodic emission reductions required by 

subsection (b)(1) and (c)(2) and attainment by the applicable dates. If the 

Administrator determines that an Extreme Area has failed to achieve an 

emission reduction requirement set forth in subsection (b)(1) or (c)(2), and 

that failure is due in whole or part to an inability to fully implement provisions 

approved pursuant to this subsection, the Administrator shall require the 

State to implement the contingency measures to the extent necessary to 

assure compliance with subsections (b)(1) and (c)(2)." 

U.S. EPA approved the new technology measures set forth in the 1994 and 1999 

Ozone SIPS (60 FR 43379, 4381 (August 21, 1995); 65 FR 6091, 6093 (February 

8, 2000), and further explained its interpretation of §182(e)(5): 

“The 1990 Amendments to the Act added section 182(e)(5), which applies 

exclusively to “Extreme” ozone areas. This provision authorizes the State to 

use conceptual, as yet unadopted measures for its ozone attainment 

demonstration and rate-of-progress after the year 2000, if these measures 

anticipate new or improved technology or control techniques and are not 

needed to meet the progress requirements of the first 10 years . . . These 

measures necessarily are preliminary, and as such lack both regulations and 

technical support or even decisions regarding specific directions and 

approaches. Complete SIP rule elements are dependent upon future years 

of research projects, analyses of technologies and associated commercial 

feasibility, public workshops, and public decisionmaking.” (60 FR 43381) 

The 2007 SIP for the South Coast and San Joaquin Valley will rely on §182(e)(5) 

measures for a significant quantity of emission reductions. This reliance was 

intended by the Act, and long-term measures that rely on new or evolving 

technology (including measures requiring complex analyses and decision-making 

and coordination among numerous government agencies) fall within the coverage 

of §182(e)(5) and are approvable as SIP revisions although not yet fully developed 

or adopted. 
May 7, 2007 Appendix G 11 

Use of Secured Incentive Funding

The emission reductions from adopted SIP measures include reductions 

achieved through incentive programs (such as the Carl Moyer program) that help 

finance the clean-up of the in-use or legacy fleet of heavy-duty diesel trucks, 

buses, and other diesel equipment. California is currently investing up to 

$140 million per year through the Carl Moyer Program. In the adopted measure 

emission reduction calculations, ARB included the benefit of emission reductions 

that will occur in future years from funds that have been directed to ARB and 

through legislation. 

ARB is able to include the benefit of these incentive programs because the funds 

have been secured for ARB through state legislation. The Carl Moyer Memorial 

Air Quality Standards program was established in 1988 and in its first six years, 

the program provided over $140 million in funding to clean up more than 6,300 

heavy-duty engines. State legislation (AB 923, 2004 and SB 1107, 2004) 

provided increased and continued funding for the program and other incentive 

programs – up to $141 million annually through 2015. The sources of this new 

funding secured in this legislation are listed below. 

1. Increased and expanded Smog Check program fee revenues directed to 

the program provide approximately $61 million per year. It is emission 

reductions from these revenues that have been included in the adopted 

measures in this SIP. 

2. An increase in the fee assessed for new tire purchases from $1 to $1.75 

provides approximately $25 million per year through 2015. The resulting 

revenues are directed to the air districts. 

3. A $2 increase in the amount of air district-imposed motor vehicle 

registration fees will provide up to $55 million per year to local air districts 

for clean air incentive programs. 

Reasonably Available Control Measures (RACM) Discussion

U.S. EPA’s guidance requires each nonattainment area to submit a 

demonstration that it has adopted all RACM necessary to demonstrate 

attainment as expeditiously as possible. However, U.S. EPA has already 

determined that the California (i.e., ARB) control programs for mobile sources 

and fuels constitute BACM.2

 Moreover, whereas U.S. EPA deems its federal 

mobile source program to establish best available control measures for the 

nation, the California program generally goes beyond federal mobile source 

requirements (where not otherwise prescribed by federal law). Therefore, ARB 

believes that the State mobile source program exceeds federal RACM 

requirements. 

 

2

See page 5419 of the February 4, 2004 proposed rulemaking for the San 

Joaquin Valley PM10 plan, and page 30035 of the May 26, 2004 final rule. 
May 7, 2007 Appendix G 12 

Analyses of measures and adoption commitments for sources under air district 

responsibility subject to RACM and Reasonable Available Control Technology 

(RACT) requirements are included in the local air district plans. 

Conformity Budgets

Section 176(c) of the CAA requires that any action by the Federal government be 

consistent with, or "conform" to the purpose and intent of the SIP. This section of 

the Clean Air Act also requires that transportation planning agencies in areas that 

do not meet federal air quality standards demonstrate that their long range plans, 

funding programs and projects are consistent with and conform to the SIP before 

any part of the federal government grants approval, funding, or takes any other 

action on those plans, programs or projects. 

In turn, the local air quality attainment plans are required by the Clean Air Act to 

set out emissions budgets for transportation agencies to use when demonstrating 

conformity to the SIP. These emission budgets are linked to the attainment 

demonstration, and represent an upper bound, or ceiling that cannot be 

exceeded without undermining the SIP in its efforts to attain the federal air quality 

standards. Because the development of an area's emission budget takes place 

at the local level, each local plan will contain that area's transportation conformity 

emissions budgets and supporting material concerning the basis and 

development of those budgets.