State of Ca(ifornia 

AIR RESOURCES BOARD 

Resolution No. 07-28 

September 27, 2007 

Agenda Item No. 07-7-7 

WHEREAS, the Legislature in Health and Safety Code section 39602 has designated 

the State Air Resources Board (ARB or 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 quafity 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 the Act; 

WHEREAS, the ARB has primary responsibility for the control of air pollution from 

vehicular sources, including motor vehicle fuels, as specified in sections 39002, 39500, 

and part 5(commencing with section 43000) of the Health and Safety Code, and for 

ensuring that the Districts meet their responsibilities under the Act pursuant to sections 

39002, 39500, 39602, 40469, and 41650 of the Health and Safety Code; 

WHEREAS, section 41712 of the Health and Safety Code authorizes the ARB to control 

volatile organic compound emissions from consumer products, and Health and Safety 

Code section 39650 et seq. authorizes the ARB to control toxic air contaminants; 

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

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

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

duty may be delegated to the Board's Executive Officer as the Board deems 

appropriate; 

WHEREAS, the Bureau of Automotive Repair (BAR) is authorized to adopt., implement, 

and enforce a motor vehicle inspection and maintenance (I/M) program pursuant to 

Health and Safety Code section 44000 et seq.; 

WHEREAS, in July 1997 the U.S. Environmental Protection Agency (U.S. EPA) 

promulgated a new 8-hour NAAQS for ozone of less than 0.08 parts per million; 

WHEREAS, in July 1997 U.S. EPA promulgated a new particulate matter NAAQS for 

particulates that are less than two and a half microns in diameter (PM2.5); the standard 

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Resolution 07-28 2 

is less than 65 micrograms per cubic meter for 24 hours and an annual average of less 

than 15 micrograms per cubic meter; 

WHEREAS, the Act and U.S. EPA regulations require the State of California to submit 

to U.S. EPA a SIP to demonstrate attainment of the national 8-hour ozone standard 

(attainment demonstration) for all ozone nonattainment areas designated as basic, 

moderate, serious, severe, and extreme; 

WHEREAS, in April 2004 U.S. EPA finalized "Phase 1" of the 8-hour ozone 

implementation rule (Phase 1 Implementation Rule), which established the classification 

scheme for nonattainment areas and identified continuing obligations with respect to the 

existing one-hour ozone requirements; 

WHEREAS, in November 2005 U.S. EPA supplemented its Phase 1 Implementation 

Rule with a"Phase 2" rule that specifies the emission controls and planning eiements 

that nonattainment areas must address in their SIPs; 

WHEREAS, section 172(c)(3) of the Act requires nonattainment area plans to include a 

comprehensive, accurate, current inventory of actual emissions from all sources of the 

relevant pollutant or pollutants. 

WHEREAS, U.S. EPA's guidance requires each nonattainment area to submit a 

demonstration that it has adopted all reasonably available control measures (RACM) 

necessary to demonstrate attainment as expeditiously as possible; 

WHEREAS, section 110(I) of the Act and title 40 C.F.R. section 51.102 require that one 

or more public hearings, preceded by at least 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, section 110(a)(2) of the Act requires states to submit a SIP to U.S. EPA 

that provides for implementation, maintenance, and enforcement of national ambient air 

quality standards (Infrastructure SIP); 

WHEREAS, section 110(a)(2) of the Act requires states to submit implementation plans 

that ensure that their SIP does not interfere with another state's program to attain 

federal standards, prevent significant deterioration of its air quality or interfere with 

visibility in another state (interstate Transport SIP); 

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

which may have significant adverse environmental impacts may be adopted as 

originally proposed if feasible alternatives or mitigation measures are available to 

reduce or eliminate such impacts, unless specific overriding considerations are 

identified which outweigh the potential adverse consequences of any unmitigated 

impacts; 
Resolution 07-28 3 

WHEREAS, Board regulations provide that prior to taking final action on any proposal 

for which significant environmental issues have been raised, the decision maker shall 

approve a written response to each such issue; 

WHEREAS, the Air Resources Board's Proposed State Strategy for California's 2007 

State /mplementation Plan (State Strategy) relies on emission reductions from already 

adopted State control programs and the expected reductions from proposed new State 

measures; 

WHEREAS, the State Strategy, in combination with local actions, will provide emission 

reductions necessary to the meet 8-hour ozone standard in the two most challenging 

regions of the State; the South Coast Air Basin and the San Joaquin Valley; 

WHEREAS, emission reductions from the State Strategy are also necessary, in whole 

or part, to attain the 8-hour ozone standard in the Sacramento region, Ventura, and 

locations downwind of urban areas such as the Coachella Valley, Antelope Valley and 

Western Mojave Desert; 

WHEREAS, emission reductions from the State Strategy are necessary to attain the 

PM2.5 standard in the South Coast Air Basin and the San Joaquin Valley; 

WHEREAS, on January 31, 2007, ARB staff circulated for pubfic review the Draft Air 

Resources Board's Proposed State Strategy for California's 2007 State Implementation 

Plan, identifying proposed new measures, federal actions needed, and potential longterm concepts that will be evaluated and refined for the next rounds of SIPs; 

WHEREAS, on April 26, 2007, ARB staff re(eased a revised draft Air Resources Board's 

Proposed State Strategy for California's 2007 State Implementation Plan (State 

Strategy) that incorporated changes based on further staff analysis and public 

comments; 

WHEREAS, on May 7, 2007, ARB staff released Appendices A through G of the State 

Strategy; 

WHEREAS, at its June 14, 2007 hearing, the Board directed staff to work with the San 

Joaquin Valley Unified Air Pollution Control District and stakeholders to identify 

additional measures to achieve emission reductions more quickly in the San Joaquin 

Valley, 

WHEREAS, at its June 22, 2007 hearing, the Board encouraged staff to identify 

additional statewide measures to reduce PM2.5 emissions in the South Coast Air Basin, 

WHEREAS, on September 21, 2007, ARB staff released a Revised Proposed State 

Strategy for California's 2007 SIP; 
Resolution 07-28 4 

WHEREAS, the State Strategy quantifies SIP commitments for two of the areas that 

need the ernission benefits from the proposed, new State measures to demonstrate 

attainment: the South Coast Air Basin and the San Joaquin Valley; 

WHEREAS, the State Strategy will serve as the basis for additional quantified 

commitments as needed by the other federal nonattainment areas, as determined by 

the ARB Executive Officer; 

WHEREAS, the State Strategy sets forth a commitment to achieve specified emission 

reductions by specific dates, a commitment to propose defined new SIP measures, and 

a long-term strategy commitment; 

WHEREAS, ARB has compiled comprehensive emission inventories for regions 

designated as nonattainment for the 8-hour ozone or PM2.5 standards; these 

inventories are set forth in Appendix A to the State Strategy; 

WHEREAS, Appendix B of the State Strategy (110(a)(2) Infrastructure SIP) and 

Appendix C(Interstate Transporf SIP), demonstrate that California meets the 

requirements of section 110(a)(1) and (a)(2) of the Act; 

WHEREAS, Appendix E of the State Strategy contains ARB's Environmental Impact 

Analysis and the Economic Impact Analysis; 

WHEREAS, Appendix G of the State Strategy demonstrates that the State's mobile 

source program exceeds federal RACM requirements; 

WHEREAS, technical and other clarifying modifications to the State Strategy have been 

proposed by ARB staff; these modifications are set forth in Attachment A to this 

Resolution; 

WHEREAS, ARB staff has proposed modifications to the State Strategy that would 

achieve an additional 30 tons per day of NOx emission reductions in the South Coast 

Air Basin by 2014; these modifications are set forth in Aftachment B to this Resolution; 

WHEREAS, the State Strategy with the proposed modifications would achieve 88 to 93 

tons per day of NOx emission reductions in the San Joaquin Valley Air Basin by 2017; 

the modifications are set forth in Attachment B to this Resolution; 

WHEREAS, in consideration of the proposed SIP revisions, the written and oral 

testimony presented by the public, industry, and government agencies, and the 

environmental documentation prepared by Board staff, the Board finds that: 
Resolution 07-28 5 

ARB has adopted 46 emission-reducing control measures since the approval of 

the 1994 one-hour ozone SIP; these measures will have a very significant impact 

on emissions and air quality between now and the target attainment years. 

2. Additional emission reductions from new State measures are needed to protect 

pubfic health and attain the federal 8-hour and PM2.5 NAAQS, 

3. ARB's environmental analysis indicates that there may be potential adverse 

environmental impacts from the proposed, new State measures; however, these 

impacts are speculative and cannot be quantified until the scope of the measures 

is defined by actual proposed regulations. 

4. The Board has considered alternatives to the State measures and has identified 

no feasible alternatives at this time which would reduce or efirninate any potential 

adverse environmental impacts, while at the same time ensuring that necessary 

emission reductions will be achieved. 

5. At this time there are no feasible mitigation measures that ARB can impose to 

lessen the potential adverse impacts of the proposed State measures on the 

environment, and no less stringent alternatives which will accomplish the goals 

imposed by federal law with fewer potential environmental impacts. 

6. None of the modifications made to the State Strategy since May 7, 2007 atter any 

of the conclusions reached in the environmental impact analysis, or wouid 

require recirculation of the environmental analysis as provided in CEQA 

Guidelines section 15088.5. 

7. The potential adverse environmental impacts of the proposed State measures 

are outweighed by the substantial air quality benefits that will result from their 

adoption and implementation. 

8. The considerations identified above override any adverse environmental impacts 

that may occur from adoption and implementation of the State measures. 

9. As regulations implementing the proposed new State measures are developed, 

detailed environmental impact analyses, including a discussion of regulatory 

alternatives and mitigation measures, will be perFormed in conjunction with the 

rulemaking process. 

10.As regulations implementing the proposed new State measures are developed, 

specific economic impact analyses will be perFormed in conjunction with the 

rulemaking process and considered by the Board in acting on those regulations. 
Resolution 07-28 6 

11.ARB regulations which have been adopted and are reflected in the baseline 

emission projections in the SIP were subjected to environmental review by the 

Board at the time of their adoption and no further analysis is required at this time. 

12.The criteria pollutant emission inventory for the SIP includes anthropogenic 

emissions from on-road mobile, off-road mobile, stationary, and area-wide 

sources and the emission estimates are based on the most currently available 

model versions and estimation methodologies; 

13.The emission inventory incorporates the "state of the science" knowledge in the 

development of emission factors, emission activity, temporal activity, growth 

surrogate assignment and activity, and control efficiency influence factors; 

14.The proposed SIP revisions meet the requirements of the Act and U.S. EPA 

regulations. 

NOW, THEREFORE, BE IT RESOLVED, that subject to the Executive Officer's 

approval of any written responses to environmental issues that have been raised, the 

Board is initiating steps toward the final adoption as a SIP revision of the State Strategy 

(including Appendices A through G), as modified by Attachments A and B to this 

Resolution; 

BE IT FURTHER RESOLVED, that if any significant environmental issues are raised, 

the Board directs the Executive Officer to prepare and approve written responses to any 

significant environmental issues, and then to either: (1) return the proposed SIP revision 

to the Board for further consideration if the Executive Officer determines that this is 

warranted, or (2) take final action to approve the SIP revision with such modifications as 

may be appropriate in light of the issues raised, including appropriate modifications to 

insure that all feasible mitigation measures or feasible alternatives that would 

substantially reduce any significant adverse environmental impacts have been 

incorporated into the final action; 

BE IT FURTHER RESOLVED, that once final action has been taken by the Executive 

Officer to approve the SIP revision, the Board directs the Executive Officer to forward it 

to U.S. EPA for inclusion in the 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 U.S. EPA and take appropriate action to resolve any completeness or approvability 

issues that may arise regarding the SIP revision. 
Resolution 07-28 7 

BE IT FURTHER RESOLVED, that the Board directs the Executive Officer to perform 

the environmental analyses required by CEQA in conjunction with the rulemaking 

process for the new ARB measures that may be developed into regulations, and to 

ensure that the potential environmental impacts identified in the State Strategy, and any 

other impacts which are subsequently identified, are avoided or mitigated to the extent 

feasible. 

BE IT FURTHER RESOLVED, that the Board directs the Executive Officer to calculate 

and commit to appropriate emission reductions from implementation of the State 

Strategy in specific nonattainment areas, as attainment SIPs are developed or revised 

for these areas. 

BE IT FURTHER RESOLVED, that the Board directs the Executive Officer to initiate a 

coordinated government, private, and public effort to estabfish ernission reduction goals, 

assess technology advancement opportunities and, along with the air districts classified 

as extreme ozone nonattainment areas, prepare appropriate revisions to the 8-hour 

ozone SIP that identifies additional strategies needed to acfiieve the necessary 

emission reductions for these regions by 2023. 

BE IT FURTHER RESOLVED, that the Board directs the Executive Officer to work with 

the South Coast Air District and SCAG staff to develop a discussion paper that explores 

potential strategies for identifying the additional reductions needed to meet the 8-hour 

ozone standard and future ambient air quality standards, including a consideration of 

new or transformative strategies such as state-of-technology zero and near-zero 

transportation systems, other mechanisms such as fee-based incentives, and the role 

and availability of public funding assistance program. 

BE IT FURTHER RESOLVED that the Board certifies pursuant to 40 C.F.R. 

section 51.102 that the proposed SIP revision was adopted after notice and public 

hearing as required by 40 C.F.R. section 51.102, and directs the Executive Officer to 

submit the appropriate supporting documentation to U.S. EPA along with the approved 

SIP revision. 

I hereby certify that the above is a true 

and correct copy of Resolution 07-28, as 

adop ed by the Air esources Board. 

Lori Andreoni, Clerk of the Board