# AirResources Board Mary D. Nichols, Chairman Linda S. Adams 1001 I Street P.O. Box 2815 Arnold Schwarzenegger

Secretary for Sacramento, Cahfornia 95812 • www.arb.ca.gov Governor Environmental Protection 

# RECEIVED August 14, 2008 

## 3JG 2 9 2008 Ms. Deborah Jordan Director

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‘ DIV)S0fl’ ru’ Air Division, Region 9 EPA,REGION 9 U.S. Environmental Protection Agency 75 Hawthorne Street San Francisco, California 94105 Dear Ms. Jordan: The Air Resources Board (ARB) is pleased to submitto the U.S. Environmental Protection Agency (U.S. EPA) the Northern SierraAir Quality Management District’s (District) 2008 Reasonably Available Control Technology State Implementation Plan (RACT SIP) Revision fortheWestern Nevada County NonattainmentArea as a revision to the California SIP. On April 30, 2004, U.S. EPA classified theWestern Nevada County NonattainmentArea as a Basic nonattainmentarea forthe 8-hourozone standard. Underthis classification, the District is required to implement RACT ifit needs overfive years to attain the standard. Subsequently, in response to a decision bythe U.S. Court ofAppeals, U.S. EPA has advised Basic areas thatthey are not required to submit attainment demonstrations by the June 15, 2007 deadline 1
. However, because the Districtwill ultimately still be subjectto a RACT requirement, the District adopted a RACT SIP, covering Control Techniques Guidelines (CTG) through the end of2005, in June 2007. ARB submitted the RACT SIP to U.S. EPA in November, 2007. In 2006 and 2007, U.S. EPA ruled on seven more CTGs and the District is now requesting thatARB submit a revision to the RACT SIP to address these. This submittal is intended to completethe RACT SIP requirements forthe federal 8-hour ozone standard. District staffhas thoroughly researched the 2006 and 2007 CTGs and relevant local sources and determined that no local sources are, orwill be in the-nearfuture, subject to these guidelines. The District, therefore, is submitting a Negative Declaration forthe CTGs issued in 2006 and 2007 as a RACT SIP Revision. ARB staffconcurs with the District’s findings and has verified thatthe 2008 RACT SIP Revision meets the criteria for completeness as a RACT SIP Revision including the public notice and public

1 June 15, 2007 Memo from RobertJ. Meyers to the Regional Administrators regarding the Decision of the U.S. Court ofAppeals forthe District ofcolumbia Circuit.

The energy challenge facing California is real. Every Californian needs to take immediate action to reduce energyconsumption. Fora listofsimple ways you can reduce demand and cutyourenergy costs, see ourwebsite: http://www.arb.ca.ov. California Environmental Protection Agency Printedon RecycledPaperMs. Deborah Jordan August 14, 2008 Page 2

comment process required priorto adoption. Public comments received by the District are contained within the RACT SIP submittal. This SIP submittal consists ofthe following enclosures: I. ARB Executive Orderadopting the 8-hourozone RACT SIP Revision (Executive Order S-08-011). II. Completeness Checklistfor 8-hourozone RACT SIP Revision Submittal. III. Two copies ofthe District’s 8-hourozone RACT SIP Revision analysis and Federal Negative Declarations, adopted May 19, 2008. IV. Two CDs, each containing an electronic copy ofthe District’s adopted 8-hour ozone RACT SIP revision. I encourage you to approvethis RACT SIP Revision for incorporation into the California SIP. Ifyou have any questions, please call Lynn Terry, Deputy Executive Officer, at (916) 322-2739, or have your staffcontact Kurt Karperos, Chief, Air Quality and Transportation Planning Branch at (916) 322-0285. Sincerely, (VZ James N. GoIdØ e Executive Officer Enclosures

cc: (w/o Enclosures) Gretchen Bennitt Air Pollution Control Officer Northern Sierra Air Quality Management District P.O. Box 2509 Grass Valley, California 95945 Lynn Terry Air Resources Board Kurt Karperos Air Resources BoardState ofCalifornia AIR RESOURCES BOARD EXECUTIVE ORDER S-08-01 1 Submittal ofthe 8-Hour Ozone ReasonablyAvailable Control Technology State Implementation Plan Revision ForWestern Nevada County WHEREAS, the California Legislature in Health and Safety Code (H&SC) section 39602 has designated the State Air Resources Board (ARB or Board) as the 

### airpollution control agency for all purposes setforth in federal law; WHEREAS, ARB has primary responsibilityforthe control ofairpollution from vehicular sources, including motorvehicle fuels, as specified in H&SC sections 39002, 39500, and part 5 (commencing with section 43000), and for ensuring thatthe districts meettheir responsibilities underthe Act pursuantto H&SC sections 39002, 39500, 39602, 40469, and 41650; WHEREAS, districts have primary responsibilityforthe control ofair pollution from nonvehicular sources and for adopting control measures, rules, and regulations to attain the NAAQS within theirboundaries pursuantto H&SC sections 39002, 40000, 40001, 40701, 40702, and 41650; WHEREAS, ARB is responsible forthe preparation ofthe State Implementation Plan (SIP) for attaining and maintaining national ambient airquality 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 H&SC section 39602 to coordinate the activities ofall local and regional airpollution control and airquality management districts (districts) necessaryto complywith the Act; WHEREAS, H&SC section 39602 also provides thatthe SIP shall include only those provisions necessaryto meetthe requirements ofthe Act; WHEREAS, on November 29, 2005, U.S. EPA promulgated the ‘Final Rule to Implementthe 8-hour Ozone NAAQS—Phase 2,” (70 FR 71612 et seq.) which specifies submission dates forthe reasonably available control technology (RACT) SIPs for 8-hour ozone nonattainment areas based on their classification; WHEREAS, the Western Nevada County NonattainmentArea is in the Northern SierraAir Quality Management District (District) and was designated on June15, 2004 as a nonattainment area with a classification of“Basic

— Subpart 1” forthe 8-hour ozone standard;EXECUTIVE ORDER S-08-01 1 2

WHEREAS, U.S. EPA has published Control Techniques Guidelines (CTG) that establish RACT control limits forVOC emissions from specific stationary source categories and establish various major source threshold limits for areas classified as nonattainmentforthe 8-hour ozone standard; WHEREAS, the Act and U.S. EPA regulations require districts to review their rules for CTG and major non-CTG sources located in the districtto determine if those rules meet RACT requirements and to update or adopt new rules if necessary; WHEREAS, U.S. EPA regulations require districts not having a listed CTG or major non-CTG source, and consequently choosing to not adopt a RACT rule for that CTG category, to make a negative declaration stating thatthere are no existing or anticipated sources subjectto RACT requirements; WHEREAS, federal law setforth in section 110(l) 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 opportunityforreview, must be conducted priorto the adoption and submittal to U.S. EPA ofany SIP revision; V WHEREAS, following a duly noticed public hearing on June 25, 2007, the District adopted the 2007 RACT SIP forthe Western Nevada County Nonattainment Area;

V WHEREAS, ARB approved as a SIP revision the District’s 2007 RACT SIP and, subsequently in Novemberof2007, submitted itto U.S. EPAforapproval; WHEREAS, the District’s 2007 RACT SIP addressed CTGs up through 2005;

V WHEREAS, U.S. EPA published seven new CTGs in 2006 and 2007;

WHEREAS, following a duly noticed public hearing on May 19, 2008, the District adopted for submittal to ARB and U.S. EPA the Negative Declaration for CTGs issued in 2006 and 2007 as a 2008 RACT SIP Revision forthe Western Nevada County NonattainmentArea; WHEREAS, the California Environmental Quality Act (CEQA) requires that no projectwhich may have significant adverse environmental impacts may be

V 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 consequencesEXECUTIVE ORDER S-08-01 1 3
ofany unmitigated impacts; WHEREAS, no potential adverse environmental impacts are expected from the adoption ofthe 2008 Negative Declaration as a SIP Revision, and the requirements ofCEQA have been metforthis SIP revision; and WHEREAS, H&SC sections 39515 and 39516 delegate to the Executive Officer the authority to actforthe Board in this matter. NOW, THEREFORE, IT IS ORDERED thatthe Executive Officerhereby approves as a SIP revision the 2008 RACT SIP Revision adopted by the Northern Sierra Air Quality Management District. BE IT FURTHER ORDERED thatARB hereby submits to U.S. EPAthe 2008 RACT SIP Revision forthe Western Nevada County NonattainmentArea and requests that U.S. EPA approve it as a revisionto the CaHfornia SIP. I certify, pursuantto 40 CFR section 51.102 thatthe 2008 RACT SIP Revision forthe Western Nevada County NonattainmentArea being submitted as a SIP revision was adopted after notice and public hearing as required by 40 CFR 51.102. Executed atSacramento, California this

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, 2008:

Executive OfficerEXECUTIVE ORDER S-08-O1 1 4
X:\2007-2008 SIPs\RACT SIPs\Western Nevada RACT SIP\2008 WNevada EO draft.doc Author: sking Assignment# 7201COMPLETENESS CHECKLIST FOR 8-HOUR OZONE RACT SIP SUBMITTAL Planning Area: Northern Sierra Air Quality Management District Title 40 CFR, Part 51, Appendix V

— Criteria for Determining the Completeness Enclosed Notes ofPlan Submissions ADMINISTRATIVE MATERIALS 2.1 (a) Submittal Letterfrom Governors Designee X See ARB Executive Order S-08-01 1 See Northern SierraAir Quality 2.1(b) Evidence ofAdoption X Management District Resolution 5/19/2008 as certified by Board Clerk 2.1(c) Legal Authority Citation X See ARB Executive Order. 2.1(d) Copy of: 

## a. Attainment Plan Not applicable b: Contingency Measures

. See Northern SierraAir Quality 2.1(e) Evidence ofCompliance with States Management District Resolution Procedural Requirements 5/19/2008 as certified by Board Clerk and ARB Executive Order. 2.1 (f) Evidence ofPublic Notice Consistentwith 40 CFR part 51.102

. . .

. See attachmented Public Notices for 2.1(g) Certification ofPublic Hearing in X Adoption ofRACT SIP revision and Accordance with Notice

. RACT SIP revision Board Adoption 2.lCh) Compilation ofPublic Comments and Resolution, May 19, 2008. Responses
2.2(a) Identification ofRegulated Pollutant Not applicable. 2.2(b) Identification ofAttainmentArea/Status Not applicable. 2.2(c) Estimate ofPlans Impact on Emissions Not applicable. 2.2(d) Demonstration that Plan Approval/Implementation Protects Not applicable. NAAQS 2.2(e) Modeling Support Not applicable. 2.2(f)- Compliance/Enforcement and

. ..
. Not applicable. 2.2(i) Justification X:\2007-2008 SIPs\RACT SIPs\Western Nevada RACT SIP\NSAQMD RACT SIP revision completeness checklist.doc