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IMPERIAL COUNTY AIR POLLUTION CONTROL DISTRICT 

STAFF REPORT 

IMPERIAL COUNTY 2009 8-HOUR OZONE MODIFIED AIR QUALITY 

MANAGEMENT PLAN (AQMP) AND 2009 REASONABLY AVAILABLE CONTROL 

TECHNOLOGY (RACT) STATE IMPLEMENTATION PLAN (SIP) 

July 13, 2010 

1. EXECUTIVE SUMMARY: 

The National Ambient Air Quality Standard (NAAQS) for ozone was strengthened in 

1997 when the United States Environmental Protection Agency (U.S.EPA) promulgated 

0.080 parts per million (ppm) as the new 8-hour ozone NAAQS. With this promulgation, 

the U.S. EPA classified the lmperial County as a "Marginal" non-attainment area on 

April 30, 2004. Subsequently, on February 13, 2008 the U.S. EPA found that the 

lmperial County failed to meet attainment for the 1997 8-hour ozone NAAQS by the 

"Marginal" deadline of June 15, 2007. As a result, lmperial County was reclassified as a 

"Moderate" non-attainment area for the 1997 8-hour ozone NAAQS with an attainment 

deadline of June 15, 201 0. 

On December 3, 2009 the U.S. EPA issued a final ruling determining that the lmperial 

County "Moderate" 8-hour ozone non-attainment area attained the 1997 8-hour NAAQS. 

The determination by U.S. EPA was based upon complete, quality-assured and certified 

ambient air monitoring data for the years 2006 thru 2008. This determination effectively 

suspended the requirement for the state to submit an attainment demonstration, a 

Reasonable Further Progress plan, contingency measures and other planning 

requirements for so long as lmperial County continues to attain the 1997 8-hour ozone 

NAAQS. However, this determination did not constitute a re-designation to attainment 

under the CAA section 107(d)(3). Therefore, the classification and designation status 

for lmperial County remains as a "Moderate" non-attainment area of the 1997 8-hour 

ozone NAAQS. As such, lmperial County is then required to submit for U.S. EPA 

approval a 2009 8-Hour Ozone Modified Air Quality Management Plan, referred herein 

after as the 2009 Modified AQMP. 

Along with the 2009 Modified AQMP a Reasonably Available Control Technology State 

Implementation Plan (RACT SIP) is required for all non-attainment areas classified as 

moderate or above. This is according to U.S. EPA's "Final Rule to Implement the 8- 

Hour Ozone NAAQS" (70 FR 71612; November 29,2005). The final rule issued by U.S. 

EPA explains that RACT demonstrations can be made in one of two ways. 1) by a 

certification that previously demonstrated RACT controls do currently represent RACT 

for the 1997 8-hour ozone NAAQS or 2) a new RACT determination with final 

implementation dates no later than the first ozone season or part there of that occurs 

thirty (30) months later. 

The 2009 Modified AQMP meets the requirements as set forth in the Clean Air Act 

(CAA). The 2009 Modi.fied AQMP includes Nitrogen Oxide (NOx) and Volatile Organic 

Compound (VOC) growth emission inventories, a discussion on the implementation of 

RACT (40 CFR 51.912) and NOx and VOC emission offsets of 1 .I5 to 1 for major 

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r47,,;*b* IMPERIAL COUNTY AIR POLLUTION CONTROL DISTRICT 

source permits (40 CFR 51.165(a)). In addition, due to a finding of no impact to the 

environment, a negative declaration determination was recommended by the 

Environmental Evaluation Committee. Therefore, the ICAPCD is presenting the 2009 8- 

Hour Ozone Modified Air Quality Management Plan, the Reasonably Available Control 

Technology State Implementation Plan and associated Negative Declarations, and 

finally the findings for approval and adoption by the Imperial County Air Pollution Control 

District Board of Directors. 

11. 2009 MODIFIED AQMP 

Ozone is a triatomic molecule consisting of three oxygen atoms which forms as a 

colorless and odorless gas. Ozone occurs in two layers of the atmosphere, the upper 

atmosphere or good ozone and the lower atmosphere or bad ozone. Ozone in the 

upper atmosphere is beneficial, preventing potentially damaging ultraviolet light from 

reaching the Earth's surface. Ozone in the lower atmosphere is an air pollutant with 

harmful effects on the human respiratory function and to plant life. 

As mentioned above, U.S. EPA issued a final ruling determining that the Imperial 

County "Moderate" 8-hour ozone non-attainment area attained the 1997 8-hour NAAQS 

therefore a 2009 Modified AQMP is required. The 2009 Modified AQMP serves as a 

comprehensive planning docunient intended to provide guidance to the Air Pollution 

Control District, the County, and other local agencies on how to continue maintaining 

the 1997 &hour ozone NAAQS. The 2009 Modified AQMP includes the following Clean 

Air Requirements: 

1. A growth emissions inventory for Nitrogen Oxides (NOx) and Volatile Organic 

Compounds (VOC's) (CAA, sections 172(c)(3) and 182(a)(l) 

2. New Source Review (CAA, sections 1720(4) and (5); and 182(a)(2)(C)) 

3. Subpart 2 RACT for VOC's and NOx (CAA, sections 182(b)(2), 182(f)) 

4. Periodic Inventory (CAA, section 182(a)(3)(A)) 

5. Emissions Statement Rule (CAA, section 182(a)(3)(B)) 

6. Offset Ratio 1 .I 5to 1 (CAA, sections 182(a)(4) and 182(b)(5) 

7. Stage 2 Gasoline Vapor Recovery (GVR), (CAA, section 182(b)(3)) 

The 2009 Modified AQMP has been developed to meet the requirements of the federal 

CAA for areas classified as "Moderate" non-attainment of the National Ambient Air 

Quality Standards (NAAQS) for the 1997 8-hour ozone 

USEPA guidance states that a determination of compliance with the NAAQS must be 

based on a design value that is calculated by arriving at an average of the annual fourth 

highest daily maximum 8-hour ozone value over a consecutive three year period per 

monitor. The design value cannot be over 0.084 ppm (per the rounding convention). 

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111. 2009 REASONABLY AVAILABLE CONTROL TECHNOLOGY STATE 

IMPLEMENTATION PLAN 

The CAA gives the state primary responsibility for achieving the NAAQS. The NAAQS 

are set by the U.S. EPA as the maximum concentrations in the atmosphere for specific 

air contaminants to protect the public health and welfare. The principle mechanism at 

the state and local level for complying with the CAA is the SIP. A SIP outlines the 

programs, actions, and commitments a state will carry out to implement its 

responsibilities under the CAA. The EPA must approve all SIPS before they can be 

implemented by the state and local governments. Once approved by the U.S. EPA , a 

SIP becomes a legally binding document under both state and federal law, and may be 

enforced by either government. 

The CAA requires, as part of any SIP demonstration, that implementation of RACT for 

sources subject to Control Technique Guideline (CTG) documents and for major 

sources of VOC and NOx that are not subject to a CTG be demonstrated. RACT is 

defined as the lowest emissions limitation that a particular source is capable of meeting 

by the application of control technology that is reasonably available considering 

technological and economic feasibility (44 FR 53762; September 17, 1979). 

Accordingly, a RACT demonstration can be made in one of two ways; 1) by a 

certification that previously demonstrated RACT controls do currently represent RACT 

for the 8-hour NAAQS OR 2) a new RACT determination with final irnplementation dates 

no later than the first ozone season or part there of that occurs thirty (30) months later. 

U.S. EPA provided guidance in the form of letters to help air districts understand the 

requirements under 40 Code of Federal Regulation (CFR) 51 pertaining to RACT SIP'S. 

The following is the basic framework for the RACT SIP submittal. 

1. A description of how source categories within the district were identified as requiring 

RACT. The description identifies those under a CTG and those that are major nonCTG sources. 

2. A section identifying where there are no facilities major or minor within the District 

subject to a CTG which clearly makes a negative declaration on those sources. 

3. A list of state/local regulation that implements RACT for those categories needing 

RACT. Included in the list is the date EPA approved the regulations as fulfilling 

RACT. 

4. Included is a description of the basis for reaching the conclusion that the current 

regulations fulfill RACT. Supporting documents such as CTGs, Alternative Control 

Technique guidance (ACTS), Maximum Achievable Control Technology (MACT) 

standards, New Source Performance Standards (NSPS), California Suggested 

Control Measures (SCM) and Best Available Retrofit Control Technology (BARCT) 

determinations, regulations adopted in other Districts, and guidance and rules 

developed by other state .and local agencies are identified for reference. 

5. If the Air District chooses to use the California Air Pollution Control Officer's 

Association (CAPCOA) Potential all Feasible Measures (AFM) a certification will be 

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IMPERIAL COUNTY AIR POLLUTION CONTROL DISTRICT 

provided certifying that local regulations are equivalent to AFM as well as a 

justification that the assumption that the AFM fulfills RACT when adopted in 

Septerrlber of 2003. Included in this certification will be an additional certification 

that no additional controls have become more reasonably available since 2003. 

IV. 2009 MODIFIED AQMP AND RACT SIP DEVELOPMENT 

The Imperial County Air Pollution Control District sent out and invited different members 

of the community, local and county governments and state and federal agencies to 

participate in a State lmplementation Plan (SIP) Working Group. Stakeholders included 

health, environmental and community representatives, industry, military and air and 

transportation agencies. The State and Federal agencies included U.S. EPA and the 

California Air Resources Board. Regular meetings began March 2008 and ran through 

June of 2009. 

The ICAPCD prepared and released a draft version of the 2009 Modified AQMP and the 

2009 Reasonably Available Control Technology State Implementation Plan June 23, 

2010 after several months of cooperative and coordinated efforts between the ICAPCD 

and the SIP working group. Comments received by both the public and government 

were addressed and are included in the documents enclosed. 

V. CALIFORNIA ENVIRONMENTAL QUALITY ACT 

The 2009 Modified AQMP and the 2009 RACT SIP are considered a "project" as 

defined by the California Environmental Quality Act (CEQA). Since the AQMP and the 

RACT SIP impose the greatest discretionary authority of approval upon the ICAPCD it is 

therefore the lead agency for this project. As part of the review process the ICAPCD 

exarnined the 2009 Modified AQMP and the 2009 RACT SIP for applicability to CEQA. 

Because the 2009 Modified AQMP nor the 2009 RACT SIP do not propose or impose 

any new regulation but in fact demonstrate attainment of the NAAQS a class "8" 

categorical exemption applies. However, in order to provide for optimum public 

participation and involvement the ICAPCD opted not to utilize the exemption and 

instead provided an additional resource for the identification of any potential 

environmental impacts associated with the 2009 Modified AQMP and the 2009 RACT 

SIP. Thus in order to fulfill the purpose and intent of CEQA the ICAPCD prepared an 

Initial Study in help identify and address any potential environmental impacts associated 

with the 2009 Modified AQMP and the 2009 RACT SIP. 

The Envirorlmental Evaluation Committee (EEC) met June 10, 2010 at 1:30pm and 

reviewed the lnitial Study making the mandatory findings of "No Impact" for a 

degradation of the quality of the environment. "No Impact" on individually limiting but 

cumulatively considerable effects and a "No Impact" on environmental effects causing a 

substantial adverse effect on human beings either directly or indirectly. The overall 

finding by the EEC was that after review of the Initial Study the 2009 Modified AQMP 

and the 2009 RACT SIP COULD NOT have a significant effect on the environment 

granting a Negative Declaration. Subsequently thereafter the ICAPCD released the 

Public Notice of Proposed Negative Declaration for a 30 public review on June 11, 2010 

(a copy of the Proposed Negative Declaration is attached). 

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IMPERIAL COUNTY AIR POLLUTION CONTROL DISTRICT 

VI. RECOMMENDATIONS 

ADVISORY BOARD: 

On June 28, 2010 the lmperial County Air Pollution Control District presented to the 

Advisory Board the 2009 Modified AQMP and the RACT SIP for consideration. After 

discussion of the influence, impact, determinations and findings the Advisory Board 

gave its full approval and recommended moving the plans, negative declarations and 

associated finding on to the lmperial County Air District Board of Directors for adoption 

and approval. 

STAFF: 

lmperial County APCD staff recommends adoption of the attached Draft 2009 8-Hour 

Ozone Modified Air Quality Management Plan, the 2009 Reasonably Available Control 

Technology (RACT) State Implementation Plan (SIP), the approval of the Proposed 

Negative Declarations for both the Draft 2009 8-Hour Ozone Modified Air Quality 

Management Plan and the 2009 Reasonably Available Control Technology State 

lmplementation Plan and associated findings. After addressing the technical and nontechnical issues raised by the CARB and EPA, the Draft 2009 Modified AQMP and the 

2009 RACT SIP effectively demonstrate that the lmperial County is in attainment of the 

1997 8-Hour Ozone NAAQS and that current regulation meets RACT and will help to 

maintain attainment with the 1997 8-Hour Ozone NAAQS. 

VII. DECLARATION OF FINDINGS: 

The lmperial County Air Pollution Control District Board hereby finds as follows: 

The ICAPCD is a regulatory agency and the public agency with the principle 

responsibility for carrying out the project. 

That clean air is a valuable and essential natural resource. 

That lmperial County after failing to attain the 1997 8-hour ozone standard by June 

2007 was reclassified as a "Moderate" non-attainment area in early 2008. The 

"Moderate" area attainment date for lmperial County is as expeditiously as practicable 

but no later than June 15, 2010. 

That on December 3, 2009, the U.S. EPA issued a final ruling and determined that the 

lmperial County "Moderate" 8-hour ozone non-attainment area attained the 1997 8-hour 

ozone National Ambient Air Quality Standard (NAQQS). 

That this determination suspended the requirements to submit an attainment 

demonstration, a reasonable further progress plan, and contingency measures under 

section 172(c)(9), and other planning requirements related to attainment of the 1997 8- 

hour ozone NAAQS for this area, for so long as the area continues to attain the 

standard. 

That the 2009 Modified AQMP and the RACT SIP satisfy the planning requirements set 

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forth in the federal CAA. 

That the classification and designation status of the area remains "Moderate" nonattainment for the 1997 8-hour ozone NAAQS until such time as U.S. EPA determines 

that it meets the Clean Air Act (CAA) requirements for redesignation to attainment. As 

such, the area remains subject to the control requirements for the 1997 8-hour ozone 

NAAQS. 

That the 2009 Modified AQMP and the RACT SIP demonstrate that current regulation 

meets RACT and will help maintain attainment of the 1997 8-hour ozone NAAQS. 

The 2009 Modi,Fied AQMP and the RACT SIP are considered a "project" pursuant to the 

California Environmental Quality Act (CEQA) and that an Initial Study was prepared and 

presented to the Environmental Evaluation Committee (EEC) on June 10, 2010 and 

subsequently released for a 30 day public comment period. 

That certification and approval of two Negative Declarations one for the 2009 Modified 

AQMP and one for the 2009 RACT SIP are appropriate because there has been no 

evidence presented to suggest that the 2009 Modified AQMP and the 2009 RACT SIP 

will lead to or result in significant adverse impacts. 

Health and Safety code 540702 provides the authority to ICAPCD to adopt the 2009 

Modified AQMP and the 2009 RACT SIP 

The 2009 Modified AQMP and the 2009 RACT SIP are technically sound and capable 

of being understood by those persons directly affected by it. 

The 2009 Modified AQMP and the 2009 RACT SIP does not conflict with or contradict 

any existing statute, court decision, state or federal regulation. 

The 2009 Modified AQMP and the 2009 RACT SIP is not duplicative of any existing 

state or federal regulation or plan. 

The ICAPCD has a population of less than 500,000 people. 

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