### Appendix B

110(a)(2) Infrastructure SIP(This page intentionally left blank.)May 7, 2007 Appendix B 1 Introduction and Background

Section 110 (a) of the Clean Air Act (CAA) requires states to submit an implementation plan to the U.S. EPA Administrator that prov ides for implementation, maintenance, and enforcement of national ambient air qualit y standards. Section 110(a)(2) lists the elements that are to comprise the implemen tation plan. Several of the elements in §110(a)(2) specifically address the need for states to demonstrate the ability to implement, maintain, and enforce the air quality standards. These elements are sometimes compiled and submitted separat ely in what is referred to as an

“infrastructure” SIP. This document is the infrastructure SIP for the new 8-hour ozone and PM2.5 air quality standards.

The elements of §110(a)(2) are listed below. Two elements that are not part of an

infrastructure SIP but addressed separately elsew here are underlined.

• Enforceable Emission Limitations and Other Control Measures ( §110(a)(2)A)) (see Appendix G)

• Air Quality Monitoring, Compila tion, Data Analysis, and Reporting (§110(a)(2)(B))

• Enforcement and Stationary Source Permitting (§110(a)(2)(C)

• Interstate Transport ( §110(a)(2)(D)) (see Appendix C)

• Resources, Conflict of Intere st, and Emergency Backstop (§110(a)(2)(E))

• Stationary Source Emissions Moni toring and Reporting (§110(a)(2)(F))

• Emergency Powers and Contingency Plans (§110(a)(2)(G))

• SIP Revision For Revised Air Quality Standards or New Attainment Methods (§110(a)(2)(H))

• SIP Revisions for New Nonattainment Areas (§110(a)(2)(I))

• Consultation and Public Notification (§110(a)(2)(J))

• Air Quality Modeling and Reporting (§110(a)(2)(K))

• Major Stationary Source Permitting Fees (§110(a)(2)(L))

• Consultation with Local Entities (§110(a)(2)(M))

Most of these elements are addressed in the comprehensive §110(a)(2) SIP submitted in response to the CAA of 1970 and approved by U.S. EPA in 1979 in 40 CFR 52.220.

This submittal continues to affirm AR B’s commitment to comply with §110(a)(2) requirements and is incorporated by reference into this submittal.

The following discussions respond to t he new elements required by the 1990 CAA

Amendments and commitments required by the adoption of new ozone and PM2.5 air quality standards.May 7, 2007 Appendix B 2 § 110(a)(2)(B) Air Quality Monitoring, Co mpilation, Data Analysis, and Reporting

States are to establish and operate devices, methods, systems, and procedures to monitor, compile, and analyze ambient air quality data and to provide the data to

U.S. EPA.

California has an extensive air quality moni toring network operated by ARB and local air quality districts that collects air quality dat a that are compiled, analyzed, and reported to U.S. EPA. ARB’s website contains up-to- date information about air quality monitoring, including a description of the network and information about monitoring of ozone, PM2.5, and meteorology. See http://www.arb.ca.gov/aaqm/aaqm.htm with links to all elements of the program, and t he recent report on ARB’s PM 2.5 monitoring program at http://www.arb.ca.gov /pm/pm25_monitor_2005.pdf

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In addition to the network of federally-approved reference m onitors that measure PM2.5 mass, ARB operates continuous PM2.5 mass monitors. For PM2.5 speciation, ARB analyzes filters collected by a network of reference monitors located throughout

California with concentrations in PM2.5 nonattainment areas. The PM2.5 data can be

accessed from two interactive databases: Aerometric Data Analysis and Management (ADAM), that provides historical data, and the Air Quality and Meteorological Information System (AQMIS), that provides real-time data. More details about ARB’s Air Monitoring Program, including monitoring pr ovided by local air districts, can be found

at http://www.arb.ca.gov/aaqm/mldaqsb/amn.htm

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The 2006 California Almanac of Emissions and Air Quality includes a five-year summary of PM2.5 air quality data. This report can be found at http://www.arb.ca.gov/aqd/alma nac/almanac06/almanac06iu.htm

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ARB commits to continue to operate an air qua lity monitoring network that complies with U.S. EPA requirements and to provide quarte rly reports of compiled and analyzed air quality monitoring data to U.S. EPA.

§ 110(a)(2)(C) Enforcement and Stationary Source Permits

States are to implement a pr ogram for the enforcement of control measures associated with the “attainment SIP” and a permi t program for stationary sources.

ARB’s Enforcement Program covers mobile and stationary sources, consumer products,

and fuels. Details about the program can be found at http://www.arb.ca.gov/enf/enf.htm

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ARB reviews and audits the programs of the local air pollution control and air quality management districts (districts) as a part of its oversight role with respect to districts in

California and in accordance with Section 41500 of the Health and Safety Code. In addition, ARB reviews district rules at the draft, propos ed, and adopted stages of their development to ensure that t he rules meet all applicable stat e and federal requirements.May 7, 2007 Appendix B 3 ARB maintains a rule review database access ible to the public to make comments and rules easily accessible.

ARB does not have authority to issue permits to stationary sources of air pollution. The responsibility for permitting such sources rests with the local air districts. This includes prevention of significant deteriorati on (PSD) and new source review (NSR) preconstruction permitting programs for at tainment and nonattainment pollutants, respectively. California Health and Safety Code Section 39002 grants to ARB the ability to undertake control activities in any area w here it determines that districts have failed to meet the responsibilities given to it for the control of air pollu tion from stationary sources. District permitting regulations ar e federally enforceable because all have been approved by U.S. EPA as part of the state SIP. Local air district permit programs are

discussed at http://www.arb.ca.gov/ permits/permits.htm

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ARB commits to the continued enforcement of control measures for which it has jurisdiction and the continued oversight of local district permitting and enforcement programs with respect to meas ures required by the CAA.

§ 110(a)(2)(E) Resources, Conflict of Inte rest, and Emergency Backstop

States are to provide assurances t hat (i) adequate personnel, funding, and legal authority will be available to carry out the SIP; (ii) a majority of it s state board members represent the public interest and do not derive a significant po rtion of their income from entities that are subject to permits, and that conflicts of interest of members be adequately disclosed; and (iii) the State has responsibility for ensuring adequate implementation of plan provisions to be carried out by local districts.

The California Legislature annually approves ARB’s funding and personnel resources for carrying out the programs of the SIP to demonstrate attainment of the PM2.5 and 8-

hour ozone standards. Distr icts’ budgets are approved annual ly by each district’s governing board. The annual bu dget process provides a periodic update that enables ARB and districts to adjust fundi ng and personnel needs. While it is not legally possible for ARB and districts to provide specific commitments about future year budgets (funding and staff resources) , the annual budget appr opriations process undertaken by the California State Legislat ure enables ARB to present a request for resources required to meet the mandates of the federal Clean Air Act. Since ARB’s Clean Air Act-mandated programs have rece ived State funding for more than 30 years, and since there is consistently strong public support in California for providing clean air, it is reasonable to assume that implementation of the Clean Air Act mandates in California will continue to obtain the necessary funding.

Through fiscal year 2006-2007, about 90 percent of ARB’s funding is devoted to meeting the Clean Air Act mandates. The majori ty of ARB’s budget currently consists of

dedicated funds that are collected from regulated emission sources and can only be used for air pollution control. These dedicate d fees are periodically adjusted in order to provide necessary funding for the ARB’s progra ms. Air districts re ceive funding fromMay 7, 2007 Appendix B 4 fees paid by regulated businesses, motor ve hicle registration fees, state and federal grants, and other local source s. Collectively, the 2006-2007 ARB and local air districts’ budgets total about $685 million with about 3,100 fu ll-time equivalent staff positions.

California Government Code Sections 87100-87105 specify confli ct of interest requirements for members of ARB and loca l district boards. These requirements specifically prohibit all stat e and local public officials from participating in governmental decisions for which they have a financial interest and also require ARB and local districts to develop conflict of interest policies to meet thes e legal requirements.

California Health and Safety Code Secti on 39002 grants to ARB overall regulatory authority for local districts’ programs and pow er to undertake a district’s air pollution control programs if the ARB determines that a district has failed to meet the responsibilities given to it by this secti on or by any other provision in State law.

ARB commits to actively maintain programs for the enforcement of control measures included in the approved SIP and measures requi red by the CAA.

§ 110(a)(2)(F) Stationary Source Em issions Monitoring and Reporting

States are to require the installation, maintenance, and replacement of equipment to monitor stationary sources of emissions by the owners or operator s of these sources and the provision of periodic reports on these emissions.

40CFR51.214 requires every SIP to include requirements for the monitoring of emissions from major stationary sources as specified in 40CFR51 Appendix P. Every air district in California has adopted regulat ions to implement the requirements of 40CFR51.214, and all of these district regulations have been approved by U.S. EPA as part of the state SIP. California Health & Safety Code Section 42700 et seq encourages districts to require emission monitoring devic es on major stationary sources, and many districts have adopted stati onary source monitoring re gulations in response.

ARB maintains a database with emissions data for more than 10,000 stationary source

facilities in California at http://www.arb.ca.gov/ei/disclaim.htm . In addition, ARB maintains the latest reports of em issions from stationary sources at http://www.arb.ca.gov /ei/emissiondata.htm where these emissions can be viewed from a statewide, air basin, or county level, by s ource category. The local air districts are responsible for providi ng these data to ARB.

ARB commits to continue its oversight of air district stationary source monitoring requirements and to the repor ting of data collected by such monitoring activities.May 7, 2007 Appendix B 5 § 110(a)(2)(G) Emergency Powe rs and Contingency Plans

States are to provide for aut hority comparable to that in Section 303, which provides legal authority to the U.S. EPA to halt t he emission of air pollutants causing or contributing to injury to public or welfare. U.S. EPA is authorized to either bring a lawsuit in federal court or, if such civil acti on cannot assure prompt protection of public health or welfare, to issue such orders as may be necessary to protect public health or

welfare or the environment. In addition, states are to provide for adequate contingency plans to implement such authority.

The authority granted to the U.S. EPA Administrator is vested in ARB and the air pollution control/air quality m anagement districts in Califor nia under California Health & Safety Code Section 42400 et seq. These sections apply to a range of emission violations and impose penalties that are equivalent to or exceed comparable federal penalties for the same violations.

The requirement for states to provide fo r adequate contingency plans to implement such authority is intended to estab lish emergency episode plans fo r responding to elevated pollutant levels in urban areas. Emergency episode plans are required in areas that record pollutant concentrations in excess of threshold levels specified in 40CFR51.150. U.S. EPA is proposing to amend this regulation to address new ozone and PM 2.5 standards.

ARB commits to submit any necessary revi sions to its Air Pollution Emergency Plan upon adoption of amended guidance by U.S. EPA.

§ 110(a)(2)(H) SIP Revisions For Revised Air Quality Sta ndards Or New Attainment

Methods

States are to provide for revision of SIPs fr om time to time when air quality standards

are revised or new attainment methods bec ome available or when U.S. EPA informs

states that current SIPs ar e inadequate to attain standards or to comply with additional requirements under the Clean Air Act.

ARB is submitting a revised SIP that res ponds to revised and new air quality standards

for both 8-hour ozone and PM2.5.

ARB commits to submit SIP revisions w henever revised air quality standards are promulgated by U.S. EPA.May 7, 2007 Appendix B 6 § 110(a)(2)(I) SIP Revisions fo r New Nonattainment Areas

States are to submit SIP revisions for newly designated nonattainment areas to meet the requirements of Part D - Plan Require ments for Nonattainment Areas under Clean

Air Act Title I - Air Pollution Prevention and Control. Part D of the Clean Air Act specifies both general requirements for all SI Ps and specific requirements for different criteria pollutants. ARB ma intains all SIP documents at: http://www.arb.ca.gov/p lanning/sip/sip.htm

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ARB commits to submit SIP revisions wheneve r areas of the state are newly designated nonattainment for any federal ambient air quality standard.

§ 110(a)(2)(J) Consultation and Public Notification

States are to meet the applicable requirements of CAA Section 121 (relating to consultation), Section 127 (relating to pub lic notification), and Part C (relating to prevention of significant deter ioration (PSD) of air quality and visibility protection).

Section 121 requires that stat es provide a satisfactory pr ocess of consultation with general purpose local governments , designated organizations of elected officials of local governments, and any affected federal land manager in carry ing out CAA requirements.

California Health and Safety Code Section 41650 et seq requires ARB to conduct public hearings and to solicit testimony from air di stricts, air quality planning agencies, and the public when adopting local nonatta inment plans for inclusion in the SIP. Additionally,

the California Administrative Procedures Ac t, Government Code Section 11340 et seq, requires notification and provis ion of comment opportunities to all parties affected by proposed regulations.

ARB commits to maintaining a process of consultation with parties designated under

Section 121.

Section 127 requires the states to provide m easures which will be effective to notify the public on a regular basis of instances or areas in which any air quality standard is exceeded during the preceding cal endar year, to advise the publ ic of the health hazards associated with such pollution, and to enhance public awareness of measures that can be taken to prevent such standar ds from being exceeded.

California Health and Safety Code Section 39607 requires ARB to implement a program for securing air quality data in each air bas in and reporting these data to the public. ARB maintains these air quality data and the other information requi red by Section 127 on its website, which is conti nuously available to the public. 1

1 http://www.arb.ca.gov/aqd/aqinfo.htm

, http://www.arb.ca.gov/research/health/health.htm

, http://www.arb.ca.gov/html/cando.htm , viewed on February 1, 2007.May 7, 2007 Appendix B 7 ARB commits to maintaining a public info rmation and education program that satisfies the requirements of Section 127.

Many air districts in Californi a have adopted regulations for the prevention of significant deterioration (PSD) that have been approved by U.S. EPA. In those areas where approvable regulations have not been adopted, U.S. EPA enf orces PSD requirements through a federal stationary source pe rmitting program under enabling authority prescribed by 40CFR52.21.

ARB commits to ensuring that PSD regul ations are implement ed in California.

§ 110(a)(2)(K) Air Quality Modeling and Reporting

States are to provide for the use of air quality modeling to pr edict the effect of emissions on ambient air quality and to submit data rela ted to such modeling when requested by

U.S. EPA.

ARB’s air quality modeling work complies with U.S. EPA’s final guidance on the use of

models in attainment demonstrations for the 8-hour ozone standard and uses U.S. EPA’s latest draft final guidance for model ing PM2.5. This is a rapidly-evolving

field in which ARB endeavors to use t he latest methodology and techniques, and

documents information that its staff uses when conducting modeling or when evaluating the performance of air quality models used for this purpose. ARB consults and works closely with local districts that conduc t their own regional air quality modeling.

ARB provides air quality modeling softwar e and documentation with links to databases and search engines at http://www.arb.ca.gov/h tml/soft.htm#modeling

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ARB commits to continue to use air quality models in accordance with both U.S. EPA and ARB’s currently approved modeling guidance and protocol s and the continued submittal of data and modeling results to U.S. EPA.

§ 110(a)(2)(L) Major Stationa ry Source Permitting Fees

States are required to assess the owner or operator of ea ch major stationary source

with fees sufficient to cover the reasonable costs of reviewing and acting upon any application for such a permit, and if a pe rmit is granted, the reasonable costs of implementing and enforcing the terms and c onditions of the permit. Owners or operators are also required to comply with the fee provisions of Title V Sections 501 –

507 of the Clean Air Act. Such fees are required to be payable to the permitting authority.

As noted above, responsibility to issue permits for stationary sources of air pollution is vested with the local air districts, and eac h air district in California has adopted regulations that require an addi tional fee for facilities subject to Title V requirements.May 7, 2007 Appendix B 8 Information concerning thes e permits issued by local air districts is found at http://www.arb.ca.gov/permits/airdisop.htm and http://www.arb.ca.gov /permits/permits.htm

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ARB commits to continue to implement dist rict-adopted major stationary source permit fee regulations.

§ 110(a)(2)(M) Consultation with Local Entities

States are to provide for consultation and part icipation by local political subdivisions affected by the plan.

California is divided into loca l air districts, which are county or regional local government authorities that have responsibil ity for controlling air pollution from stationary sources. A map of the local air districts showing boundaries for each district is found at http://www.arb.ca.gov/capcoa/dismap.htm . Links to the local air districts’ web sites can

be found at http://www.arb.ca.gov/capcoa/roster.htm

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ARB consults with and provides liaison with all local air districts and provides frequent and regular communication and consultation with management and staff of local air

districts. Since local air di strict boards are composed of local elected officials, this provides for the regular consultation and par ticipation with local government entities (cities and counties) affected by the SIPs. California Health and Safety Code Section 41650 et seq requires the ARB to conduct public hearings and to solicit testimony from air districts, air quality planning agenc ies, and the public when adopting local nonattainment plans for inclusion in the SIP.

ARB commits to maintaining a consultation process with local political subdivisions affected by the SIP.