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## IMPERIAL COUNTYAIRPOLLUTION CONTROLDISTRICT
STAFF REPORT
IMPERIAL COUNTY2009 8-HOUR OZONE MODIFIEDAIR QUALITY MANAGEMENT PLAN (AQMP) AND 2009 REASONABLY AVAILABLE CONTROL TECHNOLOGY (RACT) STATE IMPLEMENTATION PLAN (SIP) July 

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1. EXECUTIVE SUMMARY: The National Ambient Air Quality Standard (NAAQS) for ozone was strengthened in 1997when 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 15,2010. 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 19978-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 asthe 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 FR71612; November29,2005). 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.fiedAQMP 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 Page 1of 6$&&g+Z

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## IMPERIALCOUNTYAIRPOLLUTION CONTROLDISTRICT 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 EnvironmentalEvaluationCommittee. Therefore, the ICAPCDis presenting the 2009 8- Hour Ozone ModifiedAir Quality Management Plan, the Reasonably Available Control Technology State Implementation Plan and associated Negative Declarations, and finallythefindingsfor approvaland adoption by the ImperialCountyAir PollutionControl District Boardof 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 harmfuleffectsonthe human respiratory function andto plant life. As mentioned above, U.S. EPA issued a final ruling determining that the Imperial County "Moderate" 8-hour ozone non-attainment area attainedthe 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 ModifiedAQMP includesthefollowing 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 RACTfor 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 GasolineVapor Recovery (GVR), (CAA, section 182(b)(3)) The 2009 ModifiedAQMP has been developedto meet the requirementsof the federal CAA for areas classified as "Moderate" non-attainment of the National Ambient Air Quality Standards (NAAQS)for the 1997 8-hourozone USEPA guidance states that a determination of compliance with the NAAQS must be based on a design value that iscalculated by arriving at an averageof the annual fourth highest daily maximum 8-hour ozone value over a consecutive three year period per monitor. The designvalue cannot be over 0.084 ppm (per the rounding convention). Page

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# 'w IMPERIAL COUNTY AIR POLLUTION CONTROL DISTRICT

111. 2009 REASONABLYAVAILABLE CONTROLTECHNOLOGY STATE IMPLEMENTATION PLAN The CAA gives the state primary responsibilityfor 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 isthe 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 byother state .andlocal agenciesare 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 Page3 

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## IMPERIAL COUNTYAIRPOLLUTION CONTROLDISTRICT 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 CaliforniaAir 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 inthe 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 imposethe greatest discretionary authority of approval uponthe 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 Declarationis attached). Page

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## $$&&*. IMPERIALCOUNTYAIR 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 19978-Hour Ozone NAAQS.


### VII. DECLARATIONOF FINDINGS: The lmperial CountyAir Pollution Control District Board hereby finds asfollows: The ICAPCD is a regulatory agency and the public agency with the principle responsibility for carrying out the project. That clean air isa 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 Page5 of 6

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## IMPERIAL COUNTYAIRPOLLUTION CONTROLDISTRICT

forth inthefederal 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 attainmentof the 1997 8-hour ozone NAAQS. The 2009 Modi,FiedAQMP 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 30day 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 presentedto suggest that the 2009 Modified AQMP and the 2009 RACT SIP will leadto or result insignificant 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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