GOVERNING BOARD

Skip Barwick, Chair

Councilmember, City of Tulare 

Hub Walsh, Vice Chair

Supervisor, Merced County

Oliver L. Baines III

Councilmember, City of Fresno

Tony Barba

Supervisor, Kings County

Sally J. Bomprezzi

Councilmember, City of Madera

Dennis Brazil

Mayor, City of Gustine

Judith G. Case

Supervisor, Fresno County 

David Couch

Supervisor, Kern County

Bob Elliott

Supervisor, San Joaquin County

Harold Hanson

Councilmember, City of Bakersfield

William O’Brien

Supervisor, Stanislaus County

Alexander C. Sherriffs, M.D.

Appointed by Governor

Tom Wheeler

Supervisor, Madera County

J. Steven Worthley

Supervisor, Tulare County

Seyed Sadredin

Executive Director

Air Pollution Control Officer

Northern Region Office

4800 Enterprise Way 

Modesto, CA 95356-8718

(209) 557-6400 • FAX (209) 557-6475

Central Region Office

1990 East Gettysburg Avenue

Fresno, CA 93726-0244

(559) 230-6000 • FAX (559) 230-6061

Southern Region Office

34946 Flyover Court

Bakersfield, CA 93308-9725

(661) 392-5500 • FAX (661) 392-5585

www.valleyair.org

DATE: September 19, 2013

TO: SJVUAPCD Governing Board

FROM: Seyed Sadredin, Executive Director/APCO

Project Coordinators: Samir Sheikh/Jessica Fierro 

RE: ITEM NUMBER 7: ADOPT THE PROPOSED 2013 

PLAN FOR THE REVOKED 1-HOUR OZONE 

STANDARD

RECOMMENDATION:

1. Adopt the Proposed 2013 Plan for the Revoked 1-Hour Ozone 

Standard, and 

2. Authorize the Chair to sign the resolution adopting the Proposed 

2013 Plan for the Revoked 1-Hour Ozone Standard, including 

the VMT offset demonstration for the 2007 Ozone Plan, and 

3. Direct staff to forward the adopted 2013 Plan for the Revoked 1-

Hour Ozone Standard and the attached resolution to the 

California Air Resources Board (ARB) for approval and submittal 

to the U.S. Environmental Protection Agency (EPA). 

BACKGROUND: 

The combined efforts of the Valley’s businesses and residents have 

resulted in Valley ozone levels being better today than ever. Since 

1992, the District has adopted numerous attainment plans and over 

500 rules, and billions of dollars have been invested by Valley 

businesses to reduce emissions. Additionally, through the District’s 

well-respected incentive program, the District has provided over $500 

million in incentive funds, resulting in over 100,000 tons of lifetime 

emission reductions. Each District incentive investment is matched by

investments on the part of the participating businesses, public 

agencies, and residents, who together have also invested over $400 

million in these incentive program projects. However, many challenges 

remain in attaining increasingly stringent federal standards. 
SJVUAPCD Governing Board 

ADOPT THE PROPOSED 2013 PLAN FOR THE REVOKED 1-HOUR OZONE STANDARD 

September 19, 2013 

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In addition to the multiple attainment plans currently in place, the District is mandated by 

the federal Clean Air Act (CAA) to develop and implement two new ozone attainment 

plans (state implementation plans, or “SIPs”) in the near future: a plan for the U.S. 

Environmental Protection Agency’s (EPA) revoked 1-hour ozone standard due in 2013 

(today’s recommendation) and a plan for EPA’s newest 8-hour ozone standard 

(standard established in 2008; plan due in 2015/2016). 

This 2013 Plan for the Revoked 1-Hour Ozone Standard was developed with public 

participation and meets all applicable federal requirements. 

DISCUSSION: 

Why is the District adopting a plan for a revoked standard? 

The latest plan to address the 1-hour ozone standard, the 2004 Extreme Ozone 

Attainment Demonstration Plan (2004 Plan), was adopted by the District in 2004. EPA 

subsequently revoked the 1-hour ozone standard in 2005 in pursuit of the more healthprotective 8-hour standard and adopted anti-backsliding provisions to preserve existing 

1-hour ozone control measures and emissions reductions obligations. This revocation 

delayed EPA action on the District’s 2004 Plan until 2010. Subsequent litigation 

challenged EPA’s approval of the 2004 Plan, and the court vacated EPA’s approval due 

to EPA’s delayed action. EPA withdrew its approval of the 2004 Plan in the Federal 

Register in November 2012, and the District is now required to submit a new plan for 

the revoked 1-hour ozone standard. 

Progress in reducing ozone levels in the Valley 

Due to the Valley’s significant investment and hard work in reducing emissions, the 

District anticipates attaining EPA’s revoked 1-hour standard as measures from more 

recent 8-hour ozone and PM2.5 (particulate matter 2.5 microns or less in diameter) 

plans continue to be implemented. There has been significant progress in reducing the 

Valley’s 1-hour ozone concentrations. Between 1996 and 2012, the number of days 

over the 1-hour ozone standard has decreased 95%, and the number of hours over the 

standard has decreased 97%. As of the date of this report, there have been no 1-hour 

ozone exceedances in 2013. The maximum level, or “peak,” 1-hour ozone 

concentrations are also decreasing, with a 13% decrease between 2003 and 2012. 

Exceedances of the Revoked 1-hour Ozone Standard 

(1996 and 2012) 

Year Days over the 

Standard

Hours over the 

Standard

1996 56 281

2012 3 7
SJVUAPCD Governing Board 

ADOPT THE PROPOSED 2013 PLAN FOR THE REVOKED 1-HOUR OZONE STANDARD 

September 19, 2013 

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The Valley’s ozone precursor emissions are being significantly reduced between 2007 

and 2017, with oxides of nitrogen (NOx) emissions being reduced 49% and volatile 

organic compounds (VOC) emissions being reduced 20%. Research and modeling has 

consistently demonstrated that the Valley is a NOx-limited area, and reducing NOx 

emissions continues to be the most effective strategy for reducing Valley ozone 

concentrations (much more effective than reducing VOC emissions). These emission 

reductions exceed the minimum reductions needed for the Rate of Progress (ROP) 

demonstration required for the 1-hour ozone plan. 

San Joaquin Valley NOx Summer Inventory Trend 

The Valley is also showing progress with respect to 8-hour ozone concentrations. The 

Valley’s 8-hour ozone “design value,” an EPA worst-case calculation used to 

demonstrate attainment, was the lowest on record in 2012. Exceedances of the 8-hour 

ozone standard decreased 60% between 2003 and 2012. 2013 continues to show 

ozone progress, despite heat episodes and wildfires. 

Addressing EPA’s 2008 8-hour ozone standard of 75 parts per billion (ppb), however, 

will pose a tremendous challenge for the Valley, given the naturally high background 

ozone levels and ozone transport into the Valley. Attaining the 2008 8-hour ozone 

standard will require significant additional emissions reductions, and may not even be 

possible without a virtual elimination of the emissions associated with fossil-fuel 

combustion and transition to zero-emission technology. Although an attainment 

deadline of 2032 may seem like the distant future, in reality this deadline may not 

provide adequate time for the necessary transformative measures to be planned and 

implemented. 

These issues must be carefully considered in the course of preparing the plan for the 

2008 8-hour ozone standard, which would be due to EPA in 2015 or 2016, pending 

0.0

100.0

200.0

300.0

400.0

500.0

600.0

2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017

NOx Emissions
SJVUAPCD Governing Board 

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September 19, 2013 

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EPA’s final implementation rule for this standard. The foundational District and ARB 

analyses needed for this plan are already underway. 

Reaching attainment of the revoked 1-hour ozone standard 

The attainment test for the 1-hour ozone standard of 0.12 parts per million is based on 

the number of exceedance days per year, averaged over a three-year period. A site 

with an average of 1 or fewer exceedance days per year, as averaged over a three-year 

period, meets the standard. In other words, if the site has 3 or fewer exceedance days 

in a three-year period, then it meets the standard; if that site has more than 3 

exceedance days in a three-year period, then it does not meet the standard. If a single 

site violates the standard, the entire San Joaquin Valley is then in violation of the 

revoked 1-hour ozone standard. 

As shown in the table below, the Valley could attain the standard as early as 2013, 

based on the number of exceedance days between 2011 and 2013, depending on 

ozone concentrations for the remainder of 2013, and pending EPA approval of a 2012 

exceedance caused by a fire (eligible to be excluded as an “exceptional event” under 

the Clean Air Act). However, over recent years, the Valley’s exceedance days have 

been limited to a few hours in late summer/early fall (back to school period). As little as 

four hours over a three year period at any location can keep the entire Valley out of 

attainment. A single episode of ozone build up could prolong nonattainment. 

Exceedances of the Revoked 1-hour Ozone Standard, 2011 – 2013 

Monitoring Site 2011 2012 2013** Total

Clovis 2 0 0 2

Fresno-1

st/Garland 0 1 0 1

Fresno-Drummond 3 0* 0 3

Fresno-Sierra Skypark 0 1 0 1

Parlier 1 1 0 2

Visalia 0 0 0 0

Arvin-DiGiorgio 0 0 0 0

Bakersfield-California 0 0 0 0

Edison 0 0 0 0

*Exceptional event pending for exceedance day 

**2013 is a partial year 

With this challenging nature of the 1-hour ozone standard in mind, and based on the 

modeling and other analysis conducted as part of this planning effort, 2017 is the official 

attainment year for the 2013 Plan for the Revoked 1-Hour Ozone Standard, consistent 

with CAA §172(a)(2)(A). The table below shows 1-hour design values, which represent 

the fourth highest 1-hour ozone concentration over a three year period. Expressed in 

parts per billion (ppb), a value of 125 ppb or higher indicates nonattainment, and a value 

of 124 or lower indicates attainment. All monitoring sites in an area must be within the 
SJVUAPCD Governing Board 

ADOPT THE PROPOSED 2013 PLAN FOR THE REVOKED 1-HOUR OZONE STANDARD 

September 19, 2013 

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standard for the area to reach attainment. Values shown for 2005 through 2007 are 

based on collected air monitoring data, and the values shown for 2015 through 2017 are 

based on future year modeling conducted for this plan. These values show that all 

Valley sites would fall below the standard, and therefore the Valley would be in 

attainment, by 2017. 

Design Values: 2005-07 versus 2015-17 (shown in parts per billion, or ppb) 

Role of Air Alerts in addressing remaining exceedances 

Currently, the Valley is subject to penalties under Section 185 of the CAA amounting to 

approximately $29 million dollars per year due to nonattainment of the revoked 1-hour 

standard. This matter is also under litigation with a Bay area law firm (EarthJustice) 

seeking imposition of additional penalties on Valley businesses. Attaining the 1-hour 

ozone standard will remove exposure by Valley businesses to additional penalties and 

will return full local control to the Valley for decisions regarding the need, the magnitude, 

and the expenditure of Department of Motor Vehicle (DMV) dollars. 

Given the episodic and limited nature of remaining 1-hour ozone exceedances, there is 

an opportunity for the general public and businesses to reduce emissions through the 

District’s Air Alerts program. The District developed the Air Alerts notification system to 

address potential exceedances of the 1-hour ozone standard. Used in late summer 

when the air basin historically experiences such exceedances, Air Alerts provide a 

structured process to notify the public that ozone levels are rising and advise them that 

emission-reduction actions are needed to prevent an exceedance, such as using 

alternative transportation and postponing emission-causing activity that creates ozone 

precursors. 

Air Alerts are a public education and warning system designed to notify residents of 

impending periods of deteriorating air quality that consists of extensive outreach efforts 

to inform the public through news releases, TV, radio, and social media. Air Alerts are 

Monitoring Station Design Value 

(2005-07)

Design Value 

(2015-17)

Edison 135 119.3

Arvin – Bear Mountain Blvd. 131 107.4

Fresno – 1

st

 Street 130 103.7

Clovis 125 104.1

Bakersfield – California Ave 117 98.0

Visalia 112 94.5

Fresno – Drummond 110 93.0

Modesto – 14th Street 109 95.9

Turlock 104 91.8

Stockton 101 86.3

Merced 102 83.5

Madera 95 82.4
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September 19, 2013 

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activated during August/September, coinciding with back-to-school periods, and are 

declared Valley-wide given the nature of ozone plumes. 

There is a causal correlation between the Valley’s incidences of 1-hour ozone 

exceedances and the beginning of the new school year. During the past few years, the 

only exceedances have occurred during mid-afternoon hours at the beginning of the 

school year (as demonstrated in the following charts), suggesting that the increase in 

traffic to and from school sites is the source of these emissions. Recognizing this, the 

District has embarked on an aggressive public education and outreach campaign to 1) 

educate Valley drivers, particularly those with school-aged children, of the correlation 

and 2) encourage them to modify their behavior when dropping off and picking up 

students. The District’s Governing Board recently approved funding to conduct targeted 

outreach to an estimated 841 schools and 168,000 students during the 2013-14 school 

year to reduce school-site idling. 

Narrowing Range of 1-hour Ozone Exceedances by Month 

0

10

20

30

40

50

60

70

80

Apr May Jun Jul Aug Sep Oct Nov

Exceedances

1980-84 1990-94

2000-04 2008-12
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Narrowing Range of 1-hour Ozone Exceedances by Hour 

 

Summary of the 2013 Plan for the Revoked 1-Hour Ozone Standard 

The District’s 2013 Plan for the Revoked 1-Hour Ozone Standard meets all federal 

requirements, as illustrated in the following table. 

Requirement Federal CAA Location in 

plan

Rate of Progress (ROP) demonstration §172(c)(2) and 182(c)(2) Chapter 4

Contingency measures:

 For ROP 

 For attainment year

§172(c)(9) and 182(c)(9) Chapter 4

Attainment demonstration §182(c)(2)(A) and 

172(a)(2)

Chapters 2 and 

4

Reasonably Available Control Measures 

(RACM) demonstration §172(c)(1) Chapters 3 and 4; Appendix C

Clean fuels/clean technologies for boilers §182(e)(3) Chapter 4

Vehicle miles traveled (VMT) offset 

demonstration §182(d)(1)(A) Appendix D

The District’s strategy for attaining the revoked 1979 1-hour ozone standard includes 

adopted strategies from current District plans (2007 Ozone Plan, 2008 PM2.5 Plan, 

2012 PM2.5 Plan), including strategies implemented by both the District and the ARB. 

The District strategy is a multi-faceted approach that uses a combination of 

conventional and innovative control strategies. The District’s comprehensive strategy 
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includes regulatory actions; incentive programs; technology advancement programs; 

comprehensive policy and legislative activities; extensive public outreach, participation, 

and communication; and other innovative strategies. 

Despite the extensive and innovative strategy already in place, the District continues to 

evaluate the technological feasibility and cost-effectiveness of all potential regulatory 

control technologies that might be available to further reduce emissions. The District’s 

“no stone unturned” analysis did not reveal additional regulatory control measures, 

aside from those already identified during development of the 2012 PM2.5 Plan. 

However, further study measures will assist in preparation of upcoming 8-hour ozone 

plan. The following table includes a summary of upcoming additional regulatory actions 

carried over from the 2012 PM2.5 Plan to this plan and Further Study Measures that will 

assist in the preparation of the upcoming 8-hour ozone plan. 

Additional Regulatory and Further Study Strategies 

Regulatory Control Strategies

(also included in the 2012 PM2.5 Plan)

Adoption 

Date

Amend Rule 4905 (Natural Gas-fired, Fan-type Residential Central Furnaces) 2014

Amend Rule 4308 (Boilers, Steam Generators, and Process Heaters 0.075 to 

<2 MMBtu/hr) 2013

Further Study Measures Completion 

Date

Rule 4103 Open Burning 2015

Rule 4106 Prescribed Burning 2013

Rule 4311 Flares 2013

Rule 4601 Architectural Coatings 2014

Rule 4624 Transfer of Organic Liquids 2014

Rule 4693 Bakery Ovens 2014

Lawn Care Equipment 2013

Asphalt/Concrete Operations 2013

VMT growth offset demonstration for the 8-hour and 1-hour ozone plans 

Under CAA §182(d)(1)(A), ozone plans must show that adopted transportation control 

strategies offset vehicle miles traveled (VMT) growth. As part of EPA’s revocation of its 

prior approval of the District’s 2004 Plan, EPA also withdrew its prior approval of the 

VMT offset demonstration for the 1997 8-hour ozone standard (part of the District’s 

2007 Ozone Plan). As such, the District and ARB compiled VMT offset analysis for both 

1-hour and 8-hour ozone in the 2013 Plan for the Revoked 1-Hour Ozone Standard. 

This analysis is consistent with EPA’s recent August 2012 guidance. 

For this analysis, two scenarios were calculated using 1990 as the calculation base 

year: one for the revoked 1-hour ozone standard (with attainment year of 2017) and one 

for the 1997 8-hour ozone standard (with attainment year of 2023). The scenarios 
SJVUAPCD Governing Board 

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include emissions estimates for the attainment year with no new additional motor 

vehicle controls, but with increases in VMT; with no new motor vehicle controls and no 

VMT growth; and with full motor vehicle controls and projected VMT growth. The motor 

vehicle controls used in the analysis include state-implemented transportation control 

strategies and locally implemented transportation control measures. As illustrated in the 

chart below, the actual emissions (the blue column) are less than the hypothetical 

emissions (green column); therefore, the federal requirements for VMT offsets have 

been satisfied. 

VMT Growth Offset Demonstration 

Plan prepared with opportunities for public input 

The District and ARB co-hosted a public workshop in April 2013 at District offices and 

via webcast to outline and receive comments on 2013 Plan for the Revoked 1-hour 

Ozone Standard. The District and ARB also met with interested stakeholders (including 

the Central Valley Air Quality Coalition, or CVAQ) upon request. A public comment 

period was held for the proposed plan from August 20 through September 3, 2013. 

Additionally, throughout the plan development process District staff has communicated 

that comments are welcomed at any time up to and including at the public hearing for 

the adoption of the plan. All significant comments and responses are summarized in 

Appendix J of the plan. Some of the key issues raised during development of the 2013 

Plan for the Revoked 1-Hour Ozone Standard are summarized below: 

Arvin Monitor 

Comment: How does the relocation of the Arvin ozone monitor affect the Valley’s 1-

hour ozone attainment? 

0

100

200

300

400

500

600

1990 Base Year 1-hour (2017) 8-hour (2023)

NOx Emissions (tpd)

Base Year emissions

No new measures,

w/VMT Growth

No new measures,

no VMT growth

Actual emissions,

w/controls and VMT

growth
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Response: Removal of the Arvin Bear Mountain monitor was unforeseen, as the 

property owner declined to renew the lease with the state Air Resources Board 

(ARB) for the monitoring site and continues to decline requests to allow the site to be 

reinstalled. Contrary to what some commenters have suggested, EPA has not 

determined that the Arvin Bear Mountain monitor must be replaced to demonstrate 

attainment of the 1-hour ozone standard. 

A new Arvin monitoring site (Arvin-Di Giorgio) was established just 2.2 miles away, 

on a school site that is more representative of population exposure. The District is 

sponsoring a saturation study in Arvin to measure relative differences in ozone 

concentrations in the Arvin area in August and September 2013, with final results 

expected in early 2014. Preliminary results from the first several weeks of 

monitoring conducted in this study indicate that the new Arvin-Di Giorgio site is 

recording relatively higher values than the former Arvin-Bear Mountain site. 

Collectively, information from the new Arvin monitoring site and other research, 

including the current saturation study, will be used to support an attainment finding. 

Additionally, ARB was able to use the 2005 through 2007 data from the Arvin Bear 

Mountain monitoring site to model attainment in 2017 at that site as emissions 

continue to decrease. 

Clean Air Act Section 185 non-attainment penalty fees 

Comment: How would the Valley’s reaching attainment of the revoked 1-hour 

ozone standard affect the Section 185 non-attainment penalty and the amount of 

DMV fees being collected? 

Response: Currently, the Valley is subject to non-attainment penalties under CAA 

§185 for approximately $29 million dollars per year due to non-attainment of the 

revoked 1-hour standard. This matter is also under litigation with certain 

environmental groups seeking to increase non-attainment penalties charged to 

Valley businesses. Attaining the standard will remove exposure by Valley 

businesses and residents to nonattainment penalties and will return full local control 

to the Valley for decisions regarding the need, the magnitude, and the expenditure of 

DMV dollars. The emissions reductions achieved through DMV dollars and 

corresponding District incentive programs are making a significant impact in 

addressing the Valley’s air quality challenges, including challenges with respect to 

both 1-hour ozone and 8-hour ozone. 

Additional measures to attain the revoked 1-hour ozone standard before 2017 

Comment: Are additional control measures available that could expedite attainment 

to earlier than 2017? 

Response: No specific suggestions were provided for new control measures that 

could achieve additional emissions reductions and help to expedite attainment of the 
SJVUAPCD Governing Board 

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standard. The District reviewed additional opportunities to reduce emissions of 

ozone precursors under this plan, and found that all feasible and reasonably 

available measures are already in place and will continue to reduce emissions over 

the next few years. The District did identify further study measures to be evaluated 

for potential incorporation in the District’s upcoming plan for the 2008 8-hour ozone 

standard. 

The modeling and other analyses in the plan show that the Valley will attain the 1-

hour ozone standard by 2017, based on implementation of ongoing emissions 

control strategies. This is not to say that attainment before 2017 is not possible. As 

of the posting of this plan, attainment could be possible as early as 2013. On the 

other hand, it takes as little as four hours over a three-year period (where those four 

hours occur on four separate days at a single air monitoring site) to keep the entire 

Valley out of attainment. A single episode of ozone build up could prolong 

nonattainment. With this challenging nature of the 1-hour ozone standard in mind, 

and based on the modeling and other analysis conducted as part of this planning 

effort, 2017 is the official attainment year for this plan. The 2017 attainment year is 

consistent with the five-year attainment timeframe of CAA §172(a)(2)(A); in addition, 

this plan is not using the full 10-year attainment timeframe allowed under CAA 

§172(a)(2), nor does it rely on yet-to-be-identified “black box” emission reductions 

under CAA §182(e)(5). 

In contrast to this comment, the District received other comments noting that the 

2017 attainment date in the plan is reasonable, within legal requirements, and 

expeditious. 

FISCAL IMPACT:

The District’s strategy for attaining the revoked 1979 1-hour ozone standard primarily 

consists of strategies included in previously adopted District plans (2007 Ozone Plan, 

2008 PM2.5 Plan, 2012 PM2.5 Plan), which will be implemented in the future over a 

period of several years. While the workload implications will likely be significant, the 

extent of the fiscal impact on future budgets is uncertain, and existing staff resources 

will be utilized to the extent feasible to minimize the need for additional resources. If 

necessary, staff will request additional needed resources from your Board either 

through annual budget requests or mid-year budget adjustments. Therefore, no 

modification of the District’s Budget is necessary at this time.

Attachments: 

Attachment A: Resolution for the Proposed 2013 Plan for the Revoked 1-hour Ozone Standard 

(6 pages) 

Attachment B: Proposed 2013 Plan for the Revoked 1-hour Ozone Standard (640 pages)