State of California 

AIR RESOURCES BOARD 

EXECUTIVE ORDER S-09-006 

Adoption and Submittal of the 

2009 Reasonably Available Control Technology State Implementation Plan 

for the San Joaquin Valley 

WHEREAS •. the California Legislature in Health and Safety Code section 39602 has 

designated the 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 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 quality management 

districts (districts) necessary to comply with the Act; 

WHEREAS, Health and Safety Code section 39602 also provides that the SIP shall 

include only those provisions necessary to meet the requirements of the Act; 

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

sources, including motor vehicle fuels; as specified in Health and Safety Code 

sections 39002, 39500, and part 5 (commencing with section 43000), and for ensuring 

that the districts meet theinesponsibilities under the Act pursuant to Health and Safety 

Code sections 39002, 39500, 39602, 40469, and 41650; 

WHEREAS, districts have primary responsibility for the control of air pollution from 

nonvehicular sources and for adopting control measures, rules, and regulations to 

attain the NAAQS within their boundaries pursuant to Health and Safety Code sections 

39002,40000,40001,40701,40702, and 41650; 

WHEREAS, the San· Joaquin Valley Air Pollution Control District (District) was 

established as a unified air pollution control district to b~ responsible for carrying out 

these activities in the San Joaquin Valley Air Basin; 

WHEREAS, the San Joaquin Valley Air Basin includes Fresno, Kings, Madera, Merced, 

San Joaquin, Stanislaus, Tulare, arid western Kern Counties; 

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

nonattainment plan approved by a district as part of California's Sl P unless the Board 

finds, after a public hearing, that the plan does not meet the requirements of the Act; 
I 

i EXECUTIVE ORDER S-09-006 2 

WHEREAS, Health and Safety Code sections 39515 and 39516 delegate to the 

Board's Executive Officer the authority to act on behalf of the Board in this matter; 

WHEREAS, the San Joaquin Valley was classified as an "Extreme" nonattainment area 

for the now-revoked federal 1-hour ozone standard; 

WHEREAS, on October 8, 2004, the District adopted the 2004 Extreme Ozone 

Attainment Plan for the San Joaquin Valley (2004 Ozone Plan) that included an 

assessment of the District's implementation of reasonably available control technology 

(RACT) to meet the requirements of the Act at that time; 

WHEREAS, on August 27, 2008, the District, in consultation with U.S. EPA, requested 

that ARB withdraw the RACT elements in the 2004 Plan and committed to revise the 

2006 8-Hour Ozone Reasonably Available Control Technology- State Implementation 

Plan (2006 RACT SIP) to fully demonstrate that the District's control program 

implemented RACT levels of emission control for an "Extreme" nonattainment area; 

WHEREAS, on September 5, 2008, ARB withdrew the RACT elements of the 

2004 Plan, thereby removing it from U.S. EPA's review and approval process; 

WHEREAS, on January 21, 2009, U.S. EPA found that California failed to submit the 

RACT analysis required for 1-hour ozone nonattainment areas; 

WHEREAS, the U.S. EPA finding of "Failure to Submit" triggered two "sanction clocks" 

- an 18-month sanction clock that would impose additional emission mitigation 

requirements on new and modifying major sources and a 24-month sanction clock that 

would restrict use of federal highway funds within the San Joaquin Valley; 

WHEREAS, the RACT demonstration requirements for areas designated as 

nonattainment of the federal 8-hour ozone standard are more robust than the 

requirements for areas designated as nonattainment of the now-revoked federal 1-hour 

ozone standard; 

WHEREAS, the U.S. EPA designated the San Joaquin Valley Air Basin as 

nonattainment for the 8-hour ozone standard with an initial classification of "Serious"; 

WHEREAS, on August 27, 2006, the District adopted the 2006 RACT SIP, which 

documented that the District rules implemented RACT levels of control on all major 

sources as defined for a "Serious" nonattainment area; 

WHEREAS, on April 30, 2007, the District adopted the 2007 Ozone Plan to attain the 

federal 1997 8-hour ozone standard and concurrently requested a voluntary 

. reclassification to "Extreme" nonattainment status; 
EXECUTIVE ORDER S-09-006 3 

WHEREAS, upon U.S. EPA reclassification from "Serious" to "Extreme" under the 

federal 8-hour ozone standard, the District would be required to revise the 2006 RACT 

SIP to demonstrate HACT levels of control on all major sources as defined for an 

"Extreme" nonattainment area; 

WHEREAS, federal law set'forth in section 11 0(1) 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 review, must be conducted prior 

to the adoption and submittal to U.S. EPA of any SIP revision; 

WHEREAS, following a duly noticed public hearing on April 16, 2009, the District 

adopted the 2009 Reasonably Available Control Technology Demonstration for Ozone 

State Implementation Plans (2009 RACT SIP), which demonstrates that the District's . 

emission control program fully implements RACT-Ievel controls on RACT for all federal 

control technique guideline (CTG) categories and aiL major, non-CTG sources for both 

the now-revoked federal 1-hour ozone standard and the applicable federal 8-hour 

ozone standard; 

WHEREAS, submittal of the 2009 RACT SIP would fulfill the planning requirements for 

an area classified as "Extreme" nonattainment for the 1997 federal 8-hour ozone 

standard;· . 

WHEREAS, U;S. EPA approval of the 2009 RACT SIP would fulfill the planning 

requirements for an area classified as "Extreme" nonattainment of the now-revoked 

federal 1-hour ozone standard and would terminate the applicable sanction clocks in 

the San Joaquin Valley; · · 

. WHEREAS, the California Environmental Quality 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; 

WHEREAS, the District determined that the adoption of the 2009 RACT SIP is not a 

project as described in CEQA and therefore does not need to undergo CEQA analysis; 

WHEREAS, the Executive Officer has considered the District's CEQA analysis and 

concurs with its determinations; 

NOW, THEREFORE, IT IS ORDERED that the Executive Officer hereby adopts as a 

SIP revision the 2009 RACT SIP adopted by the District. 
EXECUTIVE ORDER S-09-006 4 

BE IT FURTHER ORDERED that ARB hereby submits to U.S. EPA the 2009 RACT SIP 

for the San Joaquin Valley Nonattainment Area and requests that U.S. EPA approve it 

as a revision to the California SIP. 

BE IT FURTHER ORDERED, that ARB certifies, pursuant to 40 CFR 51.102, that the 

2009 RACT SIP for the San Joaquin Valley Nonattainment Area being submitted as a 

SIP revision was adopted after notice and public·hearing as required by 

40 CFR 51.102. . 

. - -~~ 

Executed at Sacramento, California this_/~ day of f~ , 2009. 

~{) . 

· JamesN~ Executive Officerj' 
EXECUTIVE ORDER S-09-006 5 

·x:\2007~2008 SIPs\RACT SIPs\SJV 2009 RACT SIP\v2.DRAFT SJV RACT SIP 

ExecOrder.doc 

Author:cjlindber 

Assignment# PTSD 7 417