State of California AIR RESOURCES BOARD

EXECUTIVEORDER S-09-006 Adoption and Submittal ofthe 2009 ReasonablyAvailable Control Technology State Implementation Plan forthe 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 setforth in federal law; WHEREAS, ARB is responsible forthe preparation ofthe State Implementation Plan (SIP) for attaining and maintaining national ambient air quality standards (NAAQS) as required by the federal Clean AirAct (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 ofall local and regional air pollution control and air quality management districts (districts) necessaryto complywith the Act; WHEREAS, Health and Safety Code section 39602 also provides thatthe SIP shall include only those provisions necessaryto meetthe requirements ofthe Act; ·WHEREAS, ARB has primary responsibility forthe control ofair pollution from vehicular sources, including motorvehicle fuels; as specified in Health and Safety Code sections 39002, 39500, and part 5 (commencing with section 43000), and for ensuring that the districts meettheinesponsibilities underthe Act pursuant to Health andSafety Code sections 39002, 39500, 39602, 40469, and 41650; WHEREAS, districts have primary responsibilityforthe control ofair pollution from nonvehicularsources 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 ValleyAir Pollution Control District (District) was established as a unified air pollution control districtto**b~** responsible for carrying out these activities in the San Joaquin ValleyAir Basin; WHEREAS, the San Joaquin ValleyAir 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 SlP unless the Board finds, after a public hearing, thatthe plan does not meetthe requirements ofthe Act;I i EXECUTIVE ORDER S-09-006 

### 2 WHEREAS, Health and Safety Code sections 39515 and 39516 delegate to the Board's Executive Officerthe authorityto act on behalf ofthe Board in this matter; WHEREAS, the San Joaquin Valleywas classified as an "Extreme" nonattainment area forthe now-revoked federal 1-hourozone standard; WHEREAS, on October 8, 2004, the District adopted the 2004 Extreme Ozone Attainment Plan forthe San Joaquin Valley (2004 Ozone Plan) that included an assessment ofthe District's implementation ofreasonably available control technology (RACT) to meetthe requirements ofthe Act atthattime; WHEREAS, on August 27, 2008, the District, in consultation with U.S. EPA, requested thatARB withdrawthe RACT elements in the 2004 Plan and committed to revise the 2006 8-Hour Ozone ReasonablyAvailable Control Technology- State Implementation Plan (2006 RACT SIP) to fully demonstrate thatthe District's control program implemented RACT levels ofemission control for an "Extreme" nonattainment area; WHEREAS, on September 5, 2008, ARB withdrewthe RACT elements ofthe 2004 Plan, thereby removing it from U.S. EPA's review and approval process; WHEREAS, on January 21, 2009, U.S. EPAfound that California failed to submitthe RACT analysis required for 1-hourozone 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 offederal highwayfunds within the San Joaquin Valley; WHEREAS, the RACT demonstration requirements for areas designated as nonattainment ofthe federal 8-hour ozone standard are more robust than the requirements for areas designated as nonattainment ofthe now-revoked federal 1-hour ozone standard; WHEREAS, the U.S. EPA designated the San Joaquin ValleyAir Basin as nonattainmentforthe 8-hour ozone standard with an initial classification of"Serious"; WHEREAS, on August 27, 2006, the District adopted the 2006 RACT SIP, which documented thatthe 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" underthe federal 8-hour ozone standard, the Districtwould be required to revise the 2006 RACT SIP to demonstrate HACT levels ofcontrol on all majorsources as defined for an "Extreme" nonattainment area; WHEREAS, federal lawset'forth in section 110(1) ofthe 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 opportunityfor review, must be conducted prior to the adoption and submittal to U.S. EPA ofany SIP revision; WHEREAS, following a duly noticed public hearing on April 16, 2009, the District adopted the 2009 ReasonablyAvailable Control Technology Demonstration for Ozone State Implementation Plans (2009 RACT SIP), which demonstrates that the District's

. emission control programfully 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-hourozone standard and the applicable federal 8-hour ozone standard; WHEREAS, submittal ofthe 2009 RACT SIP would fulfill the planning requirements for an area classified as "Extreme" nonattainmentforthe 1997federal 8-hour ozone standard;·

. WHEREAS, U;S. EPA approval ofthe 2009 RACT SIP would fulfill the planning requirements for an area classified as "Extreme" nonattainment ofthe now-revoked federal 1-hourozone standard and would terminate the applicable sanction clocks in the San Joaquin Valley; · ·

. WHEREAS, the California Environmental QualityAct (CEQA) requires that no project

which may have significant adverse environmental impacts may be adopted as originally proposed iffeasible alternatives or mitigation measures are available to reduce or eliminate such impacts, unless specific overriding considerations are identified which outweigh the potential adverse consequences ofany unmitigated impacts; WHEREAS, the District determinedthatthe adoption ofthe 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 analysisand concurs with its determinations; NOW, THEREFORE, IT IS ORDERED that the Executive Officer hereby adopts as a SIP revision the 2009 RACT SIP adoptedby the District.EXECUTIVE ORDER S-09-006 4

BE IT FURTHER ORDERED thatARB hereby submits to U.S. EPAthe 2009 RACT SIP forthe San Joaquin Valley NonattainmentArea and requests that U.S. EPA approve it as a revision to the California SIP.

BE IT FURTHER ORDERED, thatARB certifies, pursuantto 40 CFR 51.102, that the 2009 RACT SIP forthe San Joaquin Valley NonattainmentArea 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\SJV2009 RACT SIP\v2.DRAFT SJV RACT SIP ExecOrder.doc Author:cjlindber Assignment# PTSD 7417