PROPOSED

State of California

AIR RESOURCES BOARD

SOUTH COAST AIR BASIN 2012 PM2.5 AND OZONE STATE IMPLEMENTATION PLANS

Resolution 13-3

January 25, 2013

Agenda Item No.: 13-2-2

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, the ARB is responsible for preparing the State Implementation Plan 

(SIP) for attaining and maintaining the National Ambient Air Quality Standards 

(standards) as required by the federal Clean Air Act (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) as necessary to comply with the Act;

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

approve the nonattainment plan adopted by a district as part of the SIP unless the 

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

the Act;

WHEREAS, the ARB has responsibility for ensuring that the districts meet their 

responsibilities under the Act pursuant to sections 39002, 39500, 39602, and 41650

of the Health and Safety Code;

WHEREAS, the 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, 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 districts have primary responsibility for controlling air pollution from 

non-vehicular sources and for adopting control measures, rules, and regulations to 

attain the standards within their boundaries pursuant to sections 39002, 40000, 

40001, 40701, 40702, and 41650 of the Health and Safety Code;
Resolution 13-3 2

WHEREAS, the South Coast Air Basin (SCAB or Basin) includes Orange County, 

the southwestern two-thirds of Los Angeles County, southwestern San Bernardino 

County, and western Riverside County;

WHEREAS, the South Coast Air Quality Management District (District) is the local 

air district with jurisdiction over the SCAB, pursuant to sections 40410 and 40413 of 

the Health and Safety Code;

WHEREAS, the Southern California Association of Governments (SCAG) is the 

regional transportation agency for the SCAB and Coachella Valley and has 

responsibility for preparing and implementing transportation control measures to 

reduce vehicle trips, vehicle use, vehicle miles traveled, vehicle idling and traffic 

congestion for the purpose of reducing motor vehicle emissions pursuant to sections 

40460(b) and 40465 of the Health and Safety Code;

WHEREAS, section 40463(b) of the Health and Safety Code specifies that the 

District board must establish a carrying capacity - the maximum level of emissions 

which would enable the attainment and maintenance of an ambient air quality 

standard for a pollutant - for the South Coast Air Basin with the active participation of 

SCAG;

WHEREAS, the South Coast 2012 Air Quality Management Plan (AQMP) includes 

State Implementation Plan (SIP) amendments for fine particulate matter (PM2.5) and 

ozone;

WHEREAS, in July 1997, the United States Environmental Protection Agency 

(U.S. EPA) promulgated 24-hour and annual standards for PM2.5 of 65 micrograms 

per cubic meter (ug/m3) and 15 ug/m3, respectively;

WHEREAS, in December 2004, U.S. EPA designated the South Coast Air Basin as 

nonattainment for the PM2.5 standards;

WHEREAS, in March 2007, U.S. EPA finalized the PM2.5 implementation rule 

(Rule) which established the framework and requirements that states must meet

to develop annual average PM2.5 SIPs, set an initial attainment date of 

April 5, 2010, and allowed for an attainment date extension of up to five years;

WHEREAS, the Rule requires that PM2.5 SIPs include air quality and emissions 

data, a control strategy, a modeled attainment demonstration, transportation 

conformity emission budgets, reasonably available control measure/reasonably 

available technology (RACM/RACT) demonstration, and contingency measures;

WHEREAS, in July 1997, the U.S. EPA promulgated an 8-hour standard for ozone 

of 0.08 parts per million (ppm);
Resolution 13-3 3

WHEREAS, on April 15, 2004, U.S. EPA designated the South Coast as 

nonattainment for the 0.08 ppm 8-hour ozone standard;

WHEREAS, in 2007, the District and ARB adopted SIP amendments demonstrating 

attainment of the annual PM2.5 standard by April 5, 2015, and of the 8-hour ozone 

standard by December 31, 2023, and submitted the SIP amendments to U.S. EPA;

WHEREAS, in 2009 and 2011, at U.S. EPA’s request, ARB provided clarifying 

amendments to the annual PM2.5 and 8-hour ozone South Coast SIPs submitted in 

2007;

WHEREAS, in 2011, U.S. EPA approved the control strategy, emission reduction 

commitment and attainment demonstration for the annual PM2.5 standard with an 

attainment date of April 5, 2015;

WHEREAS, in 2012, U.S. EPA approved the control strategy, emission reduction

commitment and attainment demonstration for the 8-hour ozone standard with an 

attainment date of June 15, 2024;

WHEREAS, in December 2006, U.S. EPA lowered the 24-hour PM2.5 standard from 

65 ug/m3 to 35 ug/m3;

WHEREAS, effective December 14, 2009, U.S. EPA designated the South Coast Air 

Basin as nonattainment for the 35 ug/m3 PM2.5 standard; 

WHEREAS, on March 12, 2012, U.S. EPA issued a memorandum that provided 

further guidance on the development of SIPs specific to the 35 ug/m3 PM2.5 

standard and set an initial attainment date of December 14, 2014, with a provision 

for an attainment date extension of up to five years;

WHEREAS, the 2012 AQMP Plan identifies directly-emitted PM2.5, nitrogen oxides 

(NOx), sulfur oxides (SOx) and volatile organic compounds (VOC) as PM2.5 

attainment plan precursors consistent with the Rule;

WHEREAS, the emission reductions contained in the 2012 AQMP for PM2.5 

attainment rely on adopted regulations and on new or revised District control 

measures;

WHEREAS, the 2012 AQMP’s new PM2.5 measures include further strengthening of 

the District’s wood burning curtailment program, outreach, and incentive programs;

WHEREAS, in accordance with section 172(b)(2) of the Act, the 2012 AQMP 

identifies 2014 as the most expeditious attainment date for the 24-hour PM2.5 

standard;
Resolution 13-3 4

WHEREAS, the attainment analysis in the 2012 AQMP demonstrates that the 

24-hour PM2.5 standard will be met throughout the Basin by the proposed 2014 

attainment date;

WHEREAS, consistent with section 172(c)(3) of the Act, the 2012 AQMP includes a 

comprehensive, accurate, current inventory of emissions data for directly emitted 

PM2.5 and PM2.5 precursors: oxides of nitrogen (NOx), reactive organic gases 

(ROG), sulfur oxides (SOx), and ammonia (NH3);

WHEREAS, consistent with section 172(c) of the Act, the 2012 AQMP demonstrates 

the implementation of RACM/RACT for direct PM2.5 and the area’s relevant PM2.5 

precursors;

WHEREAS, consistent with section 172(c)(9) of the Act, the 2012 AQMP includes 

contingency measures that provide extra emissions reductions that go into effect 

without further regulatory action if the area fails to make attainment of the 24-hour 

PM2.5 standard on time; 

WHEREAS, consistent with section 176 of the Act, the 2012 AQMP establishes 

transportation conformity emission budgets, developed in consultation between the 

District, ARB staff, transportation agencies, and U.S. EPA, that conform to the 

attainment emission levels;

WHEREAS, the approved commitment for emission reductions is for total aggregate 

reductions that may be achieved through the measures identified in the SIP, 

alternative measures or incentive programs, and actual emission decreases that 

occur;

WHEREAS, the approved commitment for emission reductions allows for the 

substitution of reductions of one precursor for another using relative PM2.5 

reductions values identified by the District;

WHEREAS, section 182(e)(5) of the Act provides that SIPs for extreme ozone 

nonattainment areas may rely in part upon the development of new technologies or 

the improvement of existing technologies;

WHEREAS, the approved SIP includes commitments to achieve additional 

reductions from advanced technology as provided for in section 182(e)(5) of the Act;

WHEREAS, in the Federal Register (Volume 77 Fed.Reg. 12674 at 12686 

(March 1, 2012)) entry approving the ozone elements of the South Coast 8-hour 

ozone SIP, U.S. EPA stated that measures approved under section 182(e)(5) may 

include those that anticipate future technological developments as well as those that

require complex analyses, decision making and coordination among a number of 

government agencies;
Resolution 13-3 5

WHEREAS, the 2011 revision to the 8-hour ozone SIP included State commitments

to develop, adopt, and submit contingency measures by 2020 if advanced

technology measures do not achieve planned reductions;

WHEREAS, the 2012 AQMP includes actions to develop and put into use advanced 

transformational technologies to fulfill in part the approved SIP commitment for the 

Act section 182(e)(5) reductions; 

WHEREAS, these actions described in the 2012 AQMP as seventeen mobile 

measures (five on-road measures, five off-road measures, and seven advanced 

technology measures), are consistent with U.S. EPA’s interpretation of 182(e)(5) 

used in the approval of the South Coast 8-hour ozone SIP (77 Fed.Reg. 12674 at 

12686 (March 1, 2012));

WHEREAS, on November 6, 1991, U.S. EPA designated the South Coast Air Basin 

an extreme nonattainment area for the 1-hour ozone standard with an attainment 

date of no later than November 15, 2010;

WHEREAS, in 2000 ARB submitted the 1999 Amendment to the South Coast 1997 

AQMP, collectively called the 1997/1999 SIP revision, which included long-term 

measures pursuant to section 185(e)(5);

WHEREAS, in 2000 U.S. EPA approved the 1997/1999 revision to the South Coast 

1-hour ozone SIP;

WHEREAS, in 2003 ARB submitted a revision to the South Coast 1-hour ozone SIP;

WHEREAS, in 2009 U.S. EPA disapproved the attainment demonstration in the 

2003 revision;

WHEREAS, on February 2, 2011, the Ninth Circuit Court of Appeals remanded 

U.S. EPA’s 2009 final action on the 2003 South Coast 1-hour ozone SIP and 

directed U.S. EPA to take further action to ensure that the State develop a plan 

demonstrating attainment of the 1-hour ozone standard, consistent with Clean Air 

Act requirements; 

WHEREAS, on January 7, 2013, U.S. EPA issued a SIP call for the State to submit, 

within 12 months of the effective date of the SIP call, a SIP revision demonstrating 

attainment of the 1-hour ozone standard in the Basin; 

WHEREAS, the 2012 AQMP's 1-hour ozone attainment demonstration relies on 

adopted state and local regulations, along with new local regulations including

continued implementation of the approved 8-hour ozone SIP to reduce emissions by

2022;
Resolution 13-3 6

WHEREAS, the 1-hour ozone attainment demonstration also relies upon section 

182(e)(5) provisions for future reductions from developing new technologies or 

improving existing technologies;

WHEREAS, the actions to implement advanced technology measures for the 

approved 8-hour ozone SIP also describe actions to implement advanced 

technology measures for the 1-hour ozone attainment demonstration;

WHEREAS, section 182(e)(5) of the Act requires contingency measures be 

submitted no later than three years prior to the attainment year in the event that the 

anticipated long-term measures approved pursuant to section 182(e)(5) do not 

achieve planned reductions needed for attaining the 1-hour ozone standard;

WHEREAS, section 182(e)(5) contingency measures in the approved SIP meet the 

requirements for attainment contingency measures because section 182(e)(5) is not 

relied on for emission reductions prior to November 15, 2000;

WHEREAS, the 2012 AQMP demonstrates the Basin will attain the 1-hour ozone 

standard by 2022;

WHEREAS, consistent with section 172(c)(3) of the Act, the 2012 AQMP includes a 

comprehensive, accurate, current inventory of emissions data for precursors of 

ozone: oxides of nitrogen (NOx) and reactive organic gases (ROG);

WHEREAS, consistent with section 172(c) of the Act, the 2012 AQMP demonstrates 

the implementation of RACM/RACT for NOx and ROG;

WHEREAS, section 182(d)(1)(a) of the Act requires ozone nonattainment areas 

classified as severe and extreme to submit a vehicle miles traveled (VMT) offset 

demonstration showing no increase in motor vehicle emissions between the base 

year in the Act 1990 Amendments and the area’s attainment year;

WHEREAS, in February 2011, the Ninth Circuit Court of Appeals held that section 

182(d)(1)(a) of the Act requires additional transportation control strategies and 

transportation control measures to offset vehicle emissions whenever they are 

projected to be higher than if base year VMT had not increased; 

WHEREAS, the Ninth Circuit Court of Appeals remanded the approval of the 2007 

8-hour ozone SIP VMT emissions offsets demonstration to U.S. EPA; 

WHEREAS, in September 2012, U.S. EPA proposed to withdraw its final approvals, 

and then disapprove, SIP revisions submitted to meet the section 182(d)(1)(a) VMT 

emissions offset requirements for the U.S. EPA approved South Coast Air Basin 1-

hour and 8-hour ozone plans;
Resolution 13-3 7

WHEREAS, in August 2012, U.S. EPA issued guidance entitled “Implementing 

Clean Air Act Section 182(d)(1)(A): Transportation Control Measures and 

Transportation Control Strategies to Offset growth in Emissions Due to Growth in 

Vehicle Miles Traveled”;

WHEREAS, consistent with the requirements of section 182(d)(1)(A) as specified by 

the Ninth Circuit Court of Appeals ruling in 2011 and with U.S. EPA guidance in 

2012, and in response to U.S. EPA’s September 2012 proposal, the 2012 AQMP 

includes a VMT offset demonstration for both 1-hour and 8-hour ozone plans;

WHEREAS, the 2012 AQMP also includes a second VMT emissions offset 

demonstration for 8-hour ozone that meets an alternative VMT offset methodology 

proposed by U.S. EPA;

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

project which may have significant adverse environmental impacts be adopted as 

originally proposed if feasible alternatives or mitigation measures are available to 

reduce or eliminate such impacts;

WHEREAS, pursuant to California Environmental Quality Act (CEQA), the District 

prepared a Program Environmental Impact Report (EIR) for the 2012 AQMP 

that was released for a 45-day public review and comment period from 

September 7, 2012 to October 23, 2012, and in the Final Program EIR the District 

responded to the 13 comment letters received; 

WHEREAS, the District’s Final Program EIR identified potentially significant and 

unavoidable project-specific adverse environmental impacts to air quality (CO and 

PM10 impacts from construction activities), energy demand, hazards (associated 

with accidental release of liquefied natural gas during transport), water demand, 

noise (from construction activities) and traffic (construction activities and operations), 

as well as potentially significant cumulative adverse impacts to air quality 

(construction), energy demand, hazards and hazardous materials, hydrology and 

water quality, noise, and transportation and traffic;

WHEREAS, the District Governing Board adopted a Statement of Findings and a 

Statement of Overriding Considerations finding the project’s benefits outweigh the 

unavoidable adverse impacts, as well as a Mitigation Monitoring Plan;

WHEREAS, federal law set forth in section 110(I) of the Act and Title 40, Code of 

Federal Regulations (CFR), section 51.102, requires that one or more public 

hearings, preceded by at least 30 days notice and opportunity for public review, 

must be conducted prior to adopting and submitting any SIP revision to U.S. EPA;

WHEREAS, as required by federal law, the District made the 2012 AQMP available 

for public review at least 30 days before the District hearing;
Resolution 13-3 8

WHEREAS, following a public hearing on December 7, 2012, the AQMD Governing 

Board voted to approve the 2012 AQMP including the 24-hour PM2.5 plan, the 

8-hour ozone advanced technology actions and the 1-hour ozone plan;

WHEREAS, on December 20, 2012, the District transmitted the 2012 AQMP to ARB 

as a SIP revision, along with proof of public notice publication, and environmental 

documents in accordance with State and federal law; and

WHEREAS, the Board finds that:

1. The 2012 AQMP meets the applicable planning requirements established by 

the Act and the Rule for 24-hour PM2.5 SIPs, and includes the required air 

quality and emissions data, modeled attainment demonstrations, 

RACM/RACT demonstrations, new source review, transportation conformity 

emission budgets, and contingency measures; 

2. The existing 2007 PM2.5 SIP, including benefits of ARB’s adopted mobile 

source control measures, combined with the new District control measures 

identified in the adopted 2012 AQMP will provide the emission reductions 

needed for meeting the 24-hour PM2.5 standard by the December 14, 2014 

attainment date;

3. The 2012 AQMP identifies contingency measures that will achieve additional 

emission reductions, beyond those relied on in the attainment demonstration, 

in the event that the South Coast Air Basin does not attain the 24-hour PM2.5 

standard by 2014;

4. The 2012 AQMP meets applicable planning requirements established by the 

Act for 1-hour ozone SIPs, and includes the required air quality and emissions 

data, modeled attainment demonstrations, new source review and 

RACM/RACT demonstrations;

5. The 2012 AQMP VMT offset demonstrations meets the section 182(d)(1)(a) 

VMT offset requirements for both the 1-hour ozone and the 8-hour ozone plans; 

and

6. ARB has reviewed and considered the Final EIR prepared by the District and 

comments presented by interested parties, and find there are no additional 

feasible mitigation measures or alternatives within ARB’s powers that would 

substantially lessen or avoid the project-specific impacts identified.

NOW, THEREFORE, BE IT RESOLVED the Board hereby approves the South 

Coast 2012 AQMP as an amendment to the SIP, excluding those portions not 

required to be submitted to U.S. EPA under federal law, and directs the Executive 

Officer to forward the 2012 AQMP as approved to U.S. EPA for inclusion in the SIP 

to be effective, for purposes of federal law, upon approval by U.S. EPA.
Resolution 13-3 9

BE IT FURTHER RESOLVED that the Board commits to develop, adopt, and

submit contingency measures by 2019 if advanced technology measures do not

achieve planned reductions as required by section 182(e)(5)(B).

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 the 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 hereby certifies pursuant to 

40 CFR section 51.102 that the District’s 2012 AQMP was adopted after notice and 

public hearing as required by 40 CFR section 51.102.