ENCLOSURE 1

STATE IMPLEMENTATION PLAN REVISION

FOR FEDERAL NITROGEN DIOXIDE STANDARD

INFRASTRUCTURE REQUIREMENTS

Release Date: October 15, 2012

Hearing Date: November 15, 2012
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TABLE OF CONTENTS

 Page

INTRODUCTION......................................................................................................... 1

OVERVIEW................................................................................................................. 1

APPENDIX A: STATE IMPLEMENTATION PLAN REVISION FOR FEDERAL

NITROGEN DIOXIDE STANDARD INFRASTRUCTURE 

REQUIREMENTS

Ambient Air Quality Monitoring/Data System (§110(a)(2)(B)) ...................................A-1

Programs for Enforcement, PSD, and NSR (§110(a)(2)(C)).....................................A-3

Interstate and International Transport Provisions (§110(a)(2)(D)) ............................A-6

Adequate Personnel, Funding, and Authority (§110(a)(2)(E)) ..................................A-8

Stationary Source Monitoring and Reporting (§110(a)(2)(F)) ...................................A-9

Contingency Plans for Emergency Episodes (§110(a)(2)(G)) ................................A-10

Future SIP Revisions (§110(a)(2)(H)).....................................................................A-11

Consultation with Government Officials, Public Notification,

 PSD, and Visibility Protection (§110(a)(2)(J))....................................................A-11

Air Quality Modeling/Data (§110(a)(2)(K))..............................................................A-13

Permitting Fees (§110(a)(2)(L))..............................................................................A-13

Consultation/Participation by Affected Local Entities (§110(a)(2)(M)).....................A-14

i 
LIST OF TABLES

 Page

TABLE 1: Required Infrastructure SIP Elements ........................................................ 2

APPENDIX A: STATE IMPLEMENTATION PLAN REVISION FOR FEDERAL 

NITROGEN DIOXIDE STANDARD INFRASTRUCTURE 

REQUIREMENTS

TABLE A-1: Required California Monitors for the Federal NO2 Standard ................A-2

TABLE A-2: California Districts with SIP-Approved PSD NO2 Rules .......................A-5

TABLE A-3: Status of District PSD Rule Development and Approval ......................A-6

ii
INTRODUCTION

The purpose of this report is to provide a revision to the infrastructure portion of California’s 

State Implementation Plan (SIP). The revision is required under the federal Clean Air Act 

(CAA) and is limited to changes that specifically address the National Ambient Air Quality 

Standard for nitrogen dioxide (federal NO2 standard or NO2 standard). Furthermore, it is 

primarily focused on the new 1-hour NO2 standard, although provisions could also impact the 

annual NO2 standard. Because this Infrastructure SIP is specific to NO2, it contains no

changes for any other air pollutant. 

The following paragraphs provide background information on the federal NO2 standard and 

requirements for the infrastructure portion of the SIP. The actual language of the SIP revision 

is provided in Appendix A: State Implementation Plan Revision for Federal Nitrogen Dioxide

Standard Infrastructure Requirements. 

OVERVIEW

On January 22, 2010, the United States Environmental Protection Agency (U.S. EPA) revised 

the federal NO2 standard. U.S. EPA made no changes to the existing annual standard of 

53 parts per billion (ppb) that was originally promulgated in 1971. However, U.S. EPA also 

adopted a new 1-hour standard of 100 ppb. The 1-hour standard is designed to protect 

against short-term NO2 exposure, and compliance is measured as a three-year average of 

the 98th percentile concentration. 

When U.S. EPA revises an existing standard, or as in the case of the 1-hour NO2 standard, 

promulgates a new standard, CAA Section 110(a)(1) requires each state to revise their SIP to 

show they have the authority and programs needed to implement, maintain, and enforce the 

standard, regardless of designation status. This documentation is submitted to U.S. EPA for 

approval and is generally referred to as an Infrastructure SIP. States must submit an

Infrastructure SIP within three years after a federal standard is adopted or revised. 

California’s NO2 Infrastructure SIP is due to U.S. EPA by January 22, 2013.

California has already addressed most of the infrastructure requirements in a comprehensive 

Infrastructure SIP submitted in response to the CAA of 1970 and approved by U.S. EPA in 

1979 (40 Code of Federal Regulations 52.220). The Air Resources Board (ARB or Board)

has submitted amendments to the Infrastructure SIP to comply with revisions to the federal 

8-hour ozone standard, the federal PM2.5 standard, and the federal lead standard, but 

U.S. EPA has not yet acted fully on these revisions. The current proposed revision for the 

2010 federal NO2 standard continues to affirm the Board’s commitment to comply with CAA 

requirements. In addition, the revision addresses new elements required by U.S. EPA’s 

2010 revision of the federal NO2 standard, including new NO2 ambient monitoring 

requirements.

1 
The specific elements that must be included in the NO2 Infrastructure SIP are listed in 

CAA Section 110(a)(2). Table 1 lists the page number in Appendix A where each element is 

addressed. As mentioned earlier, the NO2 Infrastructure SIP will become part of the overall 

statewide SIP, upon approval by U.S. EPA. 

TABLE 1

Required Infrastructure SIP Elements*

Infrastructure SIP Element Clean Air Act 

Requirement

Element 

Description

Ambient Air Quality Monitoring/Data System §110(a)(2)(B) Page A-1

Programs for Enforcement, PSD, and NSR §110(a)(2)(C) Page A-3

Interstate and International Transport 

Provisions §110(a)(2)(D) Page A-6

Adequate Personnel, Funding, and Authority §110(a)(2)(E) Page A-8

Stationary Source Monitoring and Reporting §110(a)(2)(F) Page A-9

Contingency Plans for Emergency Episodes §110(a)(2)(G) Page A-10

Future SIP Revisions §110(a)(2)(H) Page A-11

Consultation with Government Officials, Public 

Notification, PSD, and Visibility Protection §110(a)(2)(J) Page A-11

Air Quality Modeling/Data §110(a)(2)(K) Page A-13

Permitting Fees §110(a)(2)(L) Page A-13

Consultation/Participation by Affected Local 

Entities §110(a)(2)(M) Page A-14

 Note that states are not required to address elements §110(a)(2)(A) and §110(a)(2)(I) in the Infrastructure 

SIP because these elements are specific to nonattainment areas. As U.S. EPA interprets the Clean Air Act, 

SIPs incorporating any necessary local nonattainment area controls are not due within three years of 

promulgation of the federal standard, but rather are due at the same time as the nonattainment area 

planning requirements (75 FR 6474).

In addition to the infrastructure requirements, U.S. EPA designates areas as attainment, 

nonattainment, or unclassifiable to facilitate subsequent planning efforts to attain the federal 

standards. When a new standard is adopted or an existing standard is revised, states have 

one year to submit area designation recommendations. ARB submitted area designation 

recommendations for the revised federal NO2 standard on January 24, 2011. Copies of the 

submittal package and final area designations are available on U.S. EPA’s website at: 

http://www.epa.gov/airquality/nitrogenoxides/designations/region/region9.html. Based on data 

collected during 2008 through 2010, all California monitors show compliance with both the 

new 1-hour standard and the annual standard. Thus, U.S. EPA designated all areas of the 

State as unclassifiable/attainment for the federal NO2 standard.

2
APPENDIX A

STATE IMPLEMENTATION PLAN REVISION

FOR FEDERAL NITROGEN DIOXIDE STANDARD 

INFRASTRUCTURE REQUIREMENTS
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Appendix A Page A-1

APPENDIX A

State Implementation Plan Revision 

for Federal Nitrogen Dioxide Standard Infrastructure Requirements

Ambient Air Quality Monitoring/Data System [§110(a)(2)(B)]

This section requires states to monitor, compile, and analyze ambient nitrogen 

dioxide (NO2) concentrations and provide the data to the United States 

Environmental Protection Agency (U.S. EPA). 

NO2 monitoring requirements include population-oriented monitoring and near-roadway 

monitoring in urban areas with a population of 500,000 or more. California’s existing NO2

monitoring network is sufficient to satisfy the population-oriented requirements. Air Resources 

Board (ARB) staff are working with local air pollution control and air quality management 

districts (districts) and U.S. EPA to identify the best locations for up to 15 new near-roadway 

monitors. The NO2 final rule specifies that these monitors be deployed in 2013. However, 

U.S. EPA has issued a proposed rule (October 5, 2012) to revise the deadline and deploy the 

near-road monitors in phases between 2014 and 2017. ARB and the districts will work closely 

with U.S. EPA to address the implementation of the new near-roadway monitors through the 

network planning process.

Discussion

ARB, districts, private contractors, and other government entities (for example, the 

National Parks Service) maintain a statewide network of monitoring sites. Instruments at 

these sites collect data for a variety of air pollutants, as well as a number of meteorological 

parameters. Current information about California’s overall air quality monitoring program, as 

well as information about individual monitoring sites, is available on ARB’s website at 

http://www.arb.ca.gov/aqd/aqmoninca.htm. Data collected at the individual monitoring sites 

are compiled, analyzed, and reported to U.S. EPA’s Air Quality System per the schedule set 

forth in federal monitoring regulations. These data are also available on ARB’s website at 

http://www.arb.ca.gov/adam. In addition, ARB and districts submit annual air quality 

monitoring plans to U.S. EPA that describe how the State and districts comply with 

monitoring requirements, including proposed changes to the monitoring network. 

Table A-1 provides a summary of the monitors required in California for the 2010 federal 

NO2 standard, including both near-roadway and community-wide monitors. Although 

some NO2 is directly emitted by combustion sources, most of it is formed in the atmosphere

from oxides of nitrogen or NOx emissions. U.S. EPA estimates that nationwide, mobile 

sources account for approximately 60 percent of NOx emissions, and therefore, 

short-term near-roadway exposures can dominate personal NO2 exposure. To address 

this traffic-related exposure, U.S. EPA established a new NO2 near-roadway monitoring 

requirement for large urban areas. This requirement is consistent with U.S. EPA’s recent 

focus on high, source-oriented, short-term exposures and is similar to the approach taken 

in revising monitoring requirements for the federal lead and sulfur dioxide standards. 

One near-roadway NO2 monitor is required in each Core Based Statistical Areas (CBSA) 

with a population of 500,000 or more. Near-roadway monitors must be located within 
Appendix A Page A-2

50 meters (about 164 feet) of the roadway edge, where maximum concentrations are 

expected to occur. CBSAs with a population of 2,500,000 or more or CBSAs with a 

population of 500,000 or more and at least one road segment having an Annual Average Daily 

Traffic (AADT) count of 250,000 or more vehicles must have two near-roadway monitors.

In June 2012, U.S. EPA released a document titled, Near-Road NO2 Monitoring Technical 

Assistance Document (http://www.epa.gov/ttnamti1/files/nearroad/NearRoadTAD.pdf), to 

help states and local air monitoring agencies implement the near-roadway monitoring 

requirements. Potential near-roadway sites will be evaluated using six factors: AADT, 

fleet mix, congestion patterns, roadway design, terrain, and meteorology. In addition to 

these factors, other considerations that may impact site selection include federal siting 

criteria (for example probe height and distance from obstructions), site logistics (for example, 

site access and safety), and population exposure. ARB and the districts are working with 

U.S. EPA to identify appropriate near-roadway site locations. The estimated number of 

near-roadway monitors shown below reflect information specified in U.S. EPA’s 2010 final 

NO2 rule.

TABLE A-1

Required California Monitors for the Federal NO2 Standard

District CBSA Counties Included Near-Road 

Monitor*

CommunityWide 

Monitor**

Bay Area AQMD

San Francisco-OaklandFremont

Alameda, Contra Costa, 

San Francisco, San Mateo, 

Marin

2 1

San Jose-SunnyvaleSanta Clara Santa Clara 1 1

Sacramento 

Metropolitan AQMD

Sacramento-Arden 

Arcade-Roseville Sacramento, Placer 2*** 1

San Diego County 

AQMD

San Diego-Carlsbad-San 

Marcos San Diego 2 1

San Joaquin Valley 

Unified APCD

Bakersfield Kern 1 not required

Fresno Fresno 1 not required

Modesto Stanislaus 1 not required

Stockton San Joaquin 1 not required

South Coast AQMD

Los Angeles-Long BeachSanta Ana Los Angeles, Orange 2 1

Riverside- San Bernardino 

-Ontario Riverside, San Bernardino 2 1

Ventura County 

APCD

Oxnard-Thousand OaksVentura Ventura 1 not required

 The estimated number of near-roadway monitors is based on conditions specified in the final NO2 rule using 

2008 Census Bureau data and data from the 2007 Highway Performance Monitoring System maintained by 

the U.S. Department of Transportation Federal Highway Administration. The number of required monitors 

may not reflect current conditions. 

** The estimated number of community-wide monitors is based on 2008 data. A sufficient number of 

community-wide monitors already operate as part of the long-term statewide NO2 monitoring network.

*** Based on 2010 data, the Sacramento area requires only one near-roadway monitor because the AADT for all 

road segments is now lower than the trigger level specified in the final NO2 rule for a second near-roadway 

monitor.
Appendix A Page A-3

The near-road network is anticipated to provide an infrastructure capable of housing other 

ambient air monitoring equipment. U.S. EPA requires a subset of these sites to include 

carbon monoxide monitoring, phased in during 2015 through 2017. States are also 

encouraged to monitor for other pollutants at the near-roadway sites. Information from the 

near-roadway monitors will help broaden the understanding of air quality conditions and 

pollutant interactions, furthering the ability to evaluate air quality models, develop emissions 

control strategies, and support long-term scientific studies – including health studies about 

near-roadway exposures.

In addition to the near-roadway monitors, any CBSA with a population of 1,000,000 or more

must also have one community-wide monitor (refer to Table A-1). As mentioned previously, 

California’s existing statewide network of more than 80 community-wide NO2 monitors has 

been operating for many years and far exceeds the minimum federal requirements. Data 

from these existing community-wide monitors show no violation of either the annual NO2 

standard of 53 parts per billion (ppb) or the new federal 1-hour NO2 standard of 100 ppb and 

provided the basis for U.S. EPA’s NO2 unclassifiable/attainment area designations 

promulgated in January 2012. Finally, U.S. EPA Regional Administrators are working to 

identify a subset of at least 40 NO2 monitors nationwide, to help protect communities that are 

susceptible and vulnerable to NO2-related health effects. It is likely that seven of these 

40 monitors will be located in California 

Programs for Enforcement, PSD, and NSR [§110(a)(2)(C)]

This section requires states to enforce control measures associated with 

attaining and maintaining the federal NO2 standard and to implement a 

permitting program to regulate the construction and modification of major 

stationary sources of NO2. In addition, Prevention of Significant Deterioration

(PSD) programs must also apply to stationary sources that emit Greenhouse

Gases (GHG), in accordance with U.S. EPA’s Tailoring Rule.

ARB has a comprehensive enforcement program in place that covers stationary sources, as 

well as other sources of pollutants, statewide. At the local level, districts are responsible for 

stationary source permitting programs. Each district has developed its own program, resulting 

in a comprehensive set of applicable rules and regulations. Currently, five districts have 

SIP-approved PSD programs. Two districts operate programs with partial delegation, while

PSD programs in the remaining districts are administered by U.S. EPA. A number of those 

districts that do not currently operate their own PSD program are in the process of obtaining 

PSD authority from U.S. EPA.

Discussion

ARB’s enforcement program covers mobile sources, stationary sources, consumer 

products, and fuels. Details about the program are available on ARB’s website at 

http://www.arb.ca.gov/enf/enf.htm. In addition to the statewide program, districts implement 
Appendix A Page A-4

rules incorporating California Health and Safety Code provisions that grant all district officers 

and employees the authority to adopt and enforce their own rules and regulations (California 

Health and Safety Code sections 40001, 40120, 40702, 40752, 40753, and 41510). ARB 

reviews and audits district enforcement programs as part of its oversight role and in 

accordance with California Health and Safety Code section 41500. ARB also reviews district 

rules at their draft, proposed, and adopted stages to ensure the rules meet all applicable State 

and federal requirements. ARB maintains an online publicly-accessible district rules database 

at http://www.arb.ca.gov/drdb/drdb.htm.

California Health and Safety Code section 40000 gives districts the responsibility of

controlling air pollution from stationary sources. This includes responsibility for New Source 

Review (NSR) and PSD. Both NSR and PSD address the construction or modification of 

stationary sources so they do not cause or contribute to a violation of federal standards. 

NSR applies in nonattainment areas, whereas PSD applies in areas designated as 

unclassifiable or attainment. As noted previously, all areas of California are designated 

as unclassifiable/attainment for NO2. Thus, PSD applies statewide for NO2.

In an effort to ensure that proposed new or modified sources comply with the federal 

standard, district and State representatives worked cooperatively through the California Air 

Pollution Control Officer’s Association, or CAPCOA, to develop a common platform of 

information, tools, and stationary source modeling recommendations specific to the new 

1-hour NO2 standard. The protocols are described in a document titled Modeling Compliance 

of the Federal 1-Hour NO2 NAAQS, released October 27, 2011. The modeling protocols are 

consistent with guidance provided by U.S. EPA.

Currently in California, PSD programs are (1) fully implemented by a district, (2) partially 

implemented by a district, or (3) wholly implemented by U.S. EPA. Five California districts

have authority to fully implement their SIP-approved PSD program (refer to Table A-2). A 

sixth district, the San Joaquin Valley Air Pollution Control District, is awaiting final approval of 

their Rule 2410, which will give them authority to implement a PSD program. Table A-2 lists 

the districts with PSD authority, their qualifying rules, the PSD permitting emissions trigger 

levels, and the Federal Register approval citation. The SIP-approved PSD programs in these 

districts also apply to GHG emissions, in accordance with U.S. EPA’s Tailoring Rule. 
Appendix A Page A-5

TABLE A-2

California Districts with SIP-Approved PSD NO2 Rules

District

Applicable 

District 

Rule

NO2 Trigger 

Level for Major 

New Source 

PSD Permit

NO2 Trigger 

Level for Major 

Modified 

Source PSD 

Permit

SIP Approval 

Federal 

Register 

Citation

Mendocino County

Air Quality Management District Rule 220 220 pounds/day 220 pounds/day 50 FR 30942

Monterey Bay Unified

Air Pollution Control District Rule 207 150 pounds/day 150 pounds/day 65 FR 5433

North Coast Unified

Air Quality Management District Rule 220 40 tons/year 40 tons/year 50 FR 30941

Northern Sonoma County

Air Pollution Control District Rule 220 40 tons/year 40 tons/year 50 FR 30943

Sacramento Metropolitan

Air Quality Management District Rule 203 100 or 250 tons/year* 40 tons/year 76 FR 43183

San Joaquin Valley Unified

Air Pollution Control District Rule 2410 100 or 250 tons/year* 40 tons/year Pending**

* The 100 tons/year trigger applies only to certain types of sources, including petroleum refineries, kraft pulp 

mills, and portland cement plants, whereas the 250 tons/year trigger applies to all other types of sources not 

specifically listed in 40 Code of Federal Regulations 52.21(b)(1)(i)(a).

** On June 16, 2011, the San Joaquin Valley district adopted Rule 2410, covering PSD permitting. The rule was 

submitted to U.S. EPA, and the proposed rule was published in the Federal Register on June 1, 2012 

(77 FR 32493). ARB anticipates the rule will be final by November 1, 2012; however, this is dependent on when 

notice of the final rule is published in the Federal Register.

In addition to the six districts listed in Table A-2, two California districts, the Bay Area Air 

Quality Management District and the South Coast Air Quality Management District, operate 

their PSD programs with partial delegation authority. Those portions of their PSD programs 

that have not been delegated are administered by U.S. EPA. The remaining districts in 

California have PSD programs for both NO2 and GHG that are wholly administered by 

U.S. EPA. However, a number of these districts are at various stages in the rule development 

and submittal process for U.S. EPA approval. The current status of the district efforts are 

summarized in Table A-3.
Appendix A Page A-6

TABLE A-3

Status of District PSD Rule Development and Approval

District District Rule 

Number Status

Antelope Valley Air Quality Management 

District --- Rule under development

San Francisco Bay Area Air Quality 

Management District 2.2 Rule under development

Butte County Air Quality Management 

District 1107 Rule adopted by district; awaiting submittal to U.S. EPA

Eastern Kern County Air Pollution Control 

District 210.4 Submitted to U.S. EPA, but not yet proposed

Great Basin Unified Air Pollution Control 

District 221 Rule adopted by district; awaiting submittal to U.S. EPA

Imperial County Air Pollution Control 

District 904 Submitted to U.S. EPA, but not yet proposed

Mojave Desert Air Quality Management 

District --- Rule under development

Placer County Air Pollution Control 

District 518 Submitted to U.S. EPA, but not yet proposed

San Diego County Air Pollution Control 

District 20.3 Rule adopted by district; awaiting submittal to U.S. EPA

San Luis Obispo County Air Pollution 

Control District 220 Rule adopted by district; awaiting submittal to U.S. EPA

Santa Barbara County Air Pollution 

Control District 803 Rule adopted by district; awaiting submittal to U.S. EPA

South Coast Air Quality Management 

District Reg XVII Delegation from U.S. EPA; SIP for GHG out for public comment

Ventura County Air Pollution Control 

District 26.1 Rule adopted by district; awaiting submittal to U.S. EPA

Yolo-Solano Air Quality Management 

District 3.24 Submitted to U.S. EPA, but not yet proposed

Interstate and International Transport Provisions [§110(a)(2)(D)]

This section prohibits the transport of NO2 from one state to another, where the

pollutant could contribute significantly to violations of the federal NO2 standard, 

interfere with maintenance of the federal NO2 standard, or contribute to reduced 

visibility. 

California has longstanding programs to reduce NOx emissions from all types of sources as 

part of the statewide strategy to attain the federal ozone and PM2.5 standards. These 

programs also benefit NO2, which is a component of NOx. Currently, there are no NO2

nonattainment areas in the nation. California’s current network of community-wide monitors 

show NO2 design values are below the level of the standard and thus, there is no potential for 

NO2 transport impact. Although higher concentrations are expected near heavily travelled 

roadways, these concentrations fall off rather quickly with distance from the road. Therefore, 

whereas traffic-related emissions have a potential to cause localized violations, they pose no 
Appendix A Page A-7

potential for transport impact. In addition to nonattainment and maintenance issues, NO2 can 

impact visibility. California’s approved Regional Haze Plan will mitigate any potential visibility

impacts. 

Discussion

California’s challenges with attaining the federal ozone and PM2.5 standards have led to the 

development and implementation of one of the nation’s most comprehensive emissions 

control strategies. The current statewide SIP strategy is heavily focused on reducing NOx

emissions. The reduction in NOx emissions will directly benefit NO2 air quality, as the majority 

of NO2 is not directly emitted, but is formed in the atmosphere from NOx emissions. Available 

monitoring data show that ambient NO2 design values at all California sites are below the 

level of the federal standards. Current (2011) 1-hour NO2 design values range from 5 ppb to

75 ppb, and annual NO2 design values range from 1 ppb to 25 ppb, statewide. With 

continued implementation of the statewide SIP strategy, these design values are expected to 

be reduced even further.

In addition to the current monitoring network, the 2010 federal NO2 standard requires states to 

establish a network of near-roadway monitors, designed to capture concentrations along the 

most heavily travelled roads. Because motor vehicles are the largest source of NOx

emissions, U.S. EPA expects that concentrations at the near-roadway sites will be higher than 

those measured by the current network. However, U.S. EPA also acknowledges that these 

near-roadway concentrations drop off quickly with distance from the roadway, so the impacts 

are localized. California’s most heavily travelled roadways are located in the highly 

developed, urban core regions (for example, Los Angeles, Sacramento, San Francisco 

Bay Area, and San Joaquin Valley). These urban regions are not adjacent to any state 

boundary. As a result, traffic-related NOx emissions in these areas will not contribute 

significantly to nonattainment, or interfere with maintenance of the NO2 standard in another 

area. Should this become an issue in the future, California has a comprehensive mobile 

source program and will address the need for any additional mobile source control measures 

through the SIP process. 

Finally, California submitted a SIP revision on November 16, 2007, addressing federal

transport requirements for the 1997 federal ozone and PM2.5 standards. Although this 

Transport SIP does not deal specifically with NO2, it is relevant, because the NOx emissions 

that are precursors to ozone and PM2.5, also contribute to NO2. U.S. EPA approved all 

elements of California’s Transport SIP, except the PSD element. U.S. EPA approved the PSD 

element for those districts with a SIP-approved PSD program and disapproved it for those 

districts that lack a SIP-approved PSD program (76 FR 48002; refer to previous section titled 

“Programs for Enforcement, PSD, and NSR [§110(a)(2)(C)]”). Fully approved elements of the 

Transport SIP include findings that California emissions (1) do not contribute to ozone or 

PM2.5 nonattainment in any other state (76 FR 34872), (2) do not interfere with maintenance 

of the ozone or PM2.5 standards in any other state (PSD element, partially approved; 

76 FR 48002), and (3) do not interfere with other states’ measures to protect visibility 

(76 FR 34608). This last element comprises California’s Regional Haze Plan. Copies of

California’s Transport SIP and Regional Haze Plan are available on ARB’s website at 

http://www.arb.ca.gov/planning/sip/sip.htm.
Appendix A Page A-8

Adequate Personnel, Funding, and Authority [§110(a)(2)(E)] 

This section requires states and local districts to maintain adequate personnel, 

funding, and legal authority to implement their SIP and to ensure that a majority 

of their board members represent the public interest. 

A majority of ARB and district budgets go toward meeting federal CAA mandates. Much of 

this funding comprises fees collected from regulated emission sources and dedicated to air 

pollution control activities. All ARB and district board members and program staff must 

comply with conflict of interest requirements established in State law.

Discussion

Each year, the California State Legislature approves ARB’s funding and staff resources for 

carrying out CAA-related programs. Similarly, district budgets are approved each year by the

districts’ governing boards. The annual budget process provides a periodic update that 

enables ARB and the districts to adjust funding and personnel needs. Although it is not 

legally possible for ARB and the districts to provide specific commitments about future-year 

funding, the annual budget appropriations process undertaken by the California State 

Legislature enables ARB to present a request for resources required to meet the mandates of 

the CAA. These mandated programs have received State funding for more than three 

decades, and there is consistently strong public support in California for providing clean air. 

Therefore, it is reasonable to assume that implementation of CAA mandates will continue to 

be funded at an appropriate level.

Over the last several years, more than 80 percent of ARB’s budget has gone toward meeting 

CAA mandates. Furthermore, the majority of ARB’s budget comprises dedicated fees 

collected from regulated emission sources. These funds can only be used for air pollution 

control activities and are periodically adjusted to maintain the funding necessary for ARB 

programs. Districts receive funding from fees paid by regulated businesses, motor vehicle 

registration fees, State and federal grants, and other local revenue sources. Collectively, the

2009-2010 ARB and district budgets totaled $1.2 billion, with 3,422.4 full-time equivalent staff 

positions. If a district fails to meet its responsibilities, California Health and Safety Code 

section 39002 grants ARB the overall regulatory authority for districts’ air pollution control 

programs and the power to implement these programs. 

California Government Code Sections 87100 through 87105 and Sections 87300 through 

87314 specify conflict of interest requirements for State and local government agencies. 

These requirements specifically prohibit all State and local public officials from participating in 

governmental decisions in which they have a financial interest. They also direct ARB and the 

districts to develop conflict of interest policies to meet these legal requirements. Each year, 

all ARB Board members and program staff must complete a conflict of interest statement

(Form 700), which becomes a public document. Local government boards and program staff 

are subject to similar disclosure requirements. 
Appendix A Page A-9

Stationary Source Monitoring and Reporting [§110(a)(2)(F)]

This section calls for states to require owners and operators of stationary 

sources to install, maintain, and replace equipment for monitoring stationary 

source oxides of nitrogen emissions and to provide periodic reports on these 

emissions.

NOx is generally the emissions component measured to reflect NO2. ARB maintains an 

emissions inventory for NOx that goes beyond what U.S. EPA requires. In addition, State and 

district rules require stationary source owners and operators to determine the amount of NOx

emitted by their facilities.

Discussion

Districts are responsible for stationary source monitoring and reporting. However, ARB 

compiles stationary source emissions data from the districts and reports the information to 

U.S. EPA. The specific legal requirements are set forth in U.S. EPA’s Air Emissions Reporting 

Requirements (AERR) rule (http://www.epa.gov/ttn/chief/aerr/final_published_aerr.pdf). 

Facilities emitting 2,500 tons per year (tpy) or more of NOx are required to report their 

emissions annually, while facilities emitting from 100 tpy to 2,499 tpy of NOx are required to 

report once every three years. In addition to these reporting requirements, many districts 

have rules establishing federally enforceable permitting requirements, which are often more 

stringent than the U.S. EPA AERR rule requirements. For example, South Coast’s reporting 

requirements (http://www.aqmd.gov/titlev/WhatIsTV.html) have a lower threshold of 10 tpy 

NOx for stationary sources located in the South Coast Air Basin.

ARB maintains a publicly-accessible emissions inventory, including NOx emissions, with 

information for more than 14,000 stationary source facilities in California. The inventory is 

available on the ARB website at http://www.arb.ca.gov/ei/disclaim.htm. In addition to 

emissions information for stationary sources, the inventory includes emissions from other 

types of sources, including mobile sources (such as cars, trucks, and ocean going vessels), 

area-wide sources (such as residential fuel combustion and managed burning and disposal), 

and wildfires. The NOx emissions inventory is relevant not only to the NO2 standard, but also 

for ozone and particulate matter (PM2.5 and PM10), for which NOx is a precursor. 

Emissions estimates for stationary sources rely in part, on accurate emissions monitoring 

data. In addition, emissions monitoring data provide a basis for determining whether facilities 

meet performance standards established in State and district rules. California Health and 

Safety Code section 41511 authorizes ARB and districts to adopt rules and regulations 

requiring any emission source owner or operator to take reasonable steps to determine the 

amount of emissions released from the source. This would include emissions that contribute 

to a violation of any ambient air quality standard, including the federal NO2 standard. In order 

to determine the amount of emissions coming from a particular source, districts have rules 

giving the Air Pollution Control Officer authority to request the installation, use, maintenance, 

and inspection of Continuous Emission Monitoring System (CEMS) equipment. Some district

rules that trigger the CEMS requirement are tied to specific source categories and/or 
Appendix A Page A-10

emissions thresholds. These rules specify performance standards for the monitoring 

equipment, requirements for recordkeeping and reporting, and requirements for violation and 

equipment breakdown notification. 

Contingency Plans for Emergency Episodes [§110(a)(2)(G)]

This section requires states to include a contingency plan for NO2 in their SIP 

and to have adequate authority to implement the plan during emergency 

episodes in areas that meet a specified threshold concentration.

State law grants ARB and the districts authority comparable to U.S. EPA’s authority to halt 

pollutant emissions that could cause a public health emergency or nuisance. NO2

concentrations in California are well below the emergency threshold level specified in federal 

regulations, and all areas are designated as unclassifiable/attainment. Thus, no area is 

required to have a contingency plan for NO2 emergency episodes. 

Discussion

States are to provide for authority comparable to that in CAA Section 303, which gives 

U.S. EPA legal authority to halt the emission of air pollutants causing or contributing to injury 

of the public or welfare. U.S. EPA is further authorized to either bring a lawsuit in federal 

court or, if such civil action cannot assure prompt protection of public health or welfare, to 

issue such orders as may be necessary to protect public health, welfare, or the environment. 

The authority granted to the U.S. EPA Administrator is vested in ARB and the districts under 

California Health & Safety Code Section 42400, et seq. These sections of California law 

apply to a range of emission violations and impose penalties that are equivalent to or exceed 

federal penalties for comparable violations.

In addition to having the proper authority, states must provide for adequate contingency plans 

to be implemented during emergency episodes in urban areas. Under 40 Code of Federal 

Regulations (CFR) 51.150, NO2 contingency plans are required in areas classified as 

Priority 1. The threshold concentration for a Priority 1 NO2 area is 60 ppb, based on the 

annual average concentration. Areas with annual average concentrations below 60 ppb are 

classified as Priority 3 areas. Historically, the Metropolitan Los Angeles Intrastate Region

(Los Angeles Region or Region) was designated as nonattainment for NO2 and classified as a 

Priority 1 area. The rest of California was designated as unclassifiable/attainment and 

classified as Priority 3. Since U.S. EPA made the initial Priority classifications, 

NO2 concentrations have decreased substantially. For example, annual average 

concentrations in the Los Angeles Region were up to 94 ppb in the early 1970s. Now, annual 

average concentrations range from 1 ppb to 25 ppb, statewide. These current levels are far

below the 60 ppb Priority 1 threshold. 

Under 40 CFR 51.152, Priority 3 areas do not need to develop contingency plans for 

emergency episodes. Furthermore, 40 CFR 51.152(d)(1) states that the Administrator may, 

at his discretion, exempt Priority 1 areas from the contingency plan requirements if those
Appendix A Page A-11

areas are designated as attainment or unclassifiable for the federal standard under 

CAA Section 107. Such is the case for the Los Angeles Region with respect to NO2 – all 

portions of the Region are currently designated as unclassifiable/attainment for the 2010 

federal NO2 standard. Thus, ARB requests that the Administrator either exempt the 

Los Angeles Region from the NO2 contingency plan requirements or reclassify the Region as 

Priority 3, consistent with its current designation as unclassified/attainment for the federal NO2

standard. With this action, no area of California is subject to the contingency plan/emergency

episode requirements for NO2. Should the designation status of any area change in future 

years, ARB commits to submit to U.S. EPA any necessary revisions, through the SIP process.

Future SIP Revisions [§110(a)(2)(H)]

This section requires states to revise their SIP when an air quality standard is 

promulgated or revised, new attainment methods become available, or U.S. EPA 

determines a SIP is either inadequate or does not meet revised CAA 

requirements.

California has and will continue to submit revisions to its SIP, as mandated by U.S. EPA.

Discussion

Clean air is a priority in California. To help meet this goal, California is submitting this 

Infrastructure SIP for NO2, in compliance with the revised federal NO2 standard. All areas of 

California are currently designated as unclassifiable/attainment for NO2. Should any area be 

designated as nonattainment in the future, ARB will work with the local district to develop an 

approvable SIP for the nonattainment area and will submit that nonattainment SIP to 

U.S. EPA by the statutory deadline. ARB maintains a current collection of all SIP documents 

on its website at http://www.arb.ca.gov/planning/sip/sip.htm. 

Consultation with Government Officials, Public Notification, PSD, and Visibility 

Protection [§110(a)(2)(J)]

This section requires states to meet requirements of the CAA relating to 

consultation and public notification and to implement PSD and visibility 

protection programs for NO2. 

ARB and air districts comply with all federal regulatory requirements, including 

requirements for consultation, notification, comment, and adoption. Furthermore, ARB 

has information available on its website about ambient NO2 concentrations and the 

health impacts of NO2 in the ambient air. As described earlier, in response to CAA 

Section 110(a)(2)(C), PSD requirements are addressed at the district level. Visibility 

issues are addressed in California’s approved Regional Haze SIP.
Appendix A Page A-12

Discussion

CAA Section 121 requires states to provide a satisfactory process for consulting with 

general purpose local governments, designated organizations of elected local government 

officials, and any affected federal land manager in carrying out CAA requirements. California 

Health and Safety Code section 41650, et seq., requires ARB to conduct public hearings and 

to solicit testimony from districts, air quality planning agencies, and the public when adopting 

nonattainment plans for inclusion in the SIP. Additionally, the California Administrative 

Procedures Act, Government Code Section 11340, et seq., requires notification and 

provision of comment opportunities to all parties affected by proposed regulations. Similarly, 

Health and Safety Code section 40725 requires districts to conduct public hearings when 

adopting, amending or repealing any rule. 

CAA Section 127 requires states to provide measures that will be effective in notifying the 

public on a regular basis of instances or areas in which a federal standard was exceeded 

during the preceding calendar year. This requirement is similar to California Health and 

Safety Code section 39607, which requires ARB to implement a program for securing air 

quality data in each air basin and to report these data to the public. To fulfill this requirement, 

ARB maintains air quality data on its website at http://www.arb.ca.gov/aqmis2/aqdselect.php. 

U.S. EPA developed the Air Quality Index (AQI) as a means to inform the public about how 

clean or polluted the air is and what associated health effects might be of concern. In 

promulgating the 2010 NO2 standard, U.S. EPA made conforming changes to the AQI to 

reflect the new 1-hour standard. ARB and districts use measured air quality to calculate daily 

AQI values and provide the public with information about local NO2 levels.

 

CAA Section 127 also requires states to advise the public about the health hazards 

associated with air pollution and enhance public awareness of measures to prevent violation 

of a federal standard. In compliance with this requirement, ARB maintains webpages 

detailing relevant health information (http://www.arb.ca.gov/research/health/health.htm) and 

ways of reducing air pollution (http://www.arb.ca.gov/html/cando.htm). 

With respect to PSD requirements, several districts in California administer fully SIP-approved 

or partially delegated PSD programs that comply with the requirements for NO2. PSD 

programs in the remaining districts are administered by U.S. EPA through a federal stationary

source permitting program under enabling authority in 40 CFR Part 52.21. However, a 

number of these districts are currently in the process of developing or seeking U.S. EPA 

approval of their PSD programs. The status of the PSD program in California’s districts is 

described in more detail above, under the heading “Programs for Enforcement, PSD, and 

NSR [§110(a)(2)(C)].” 

With respect to visibility protection, California has in place, a Regional Haze Plan that 

U.S. EPA approved on June 14, 2011. Although the Regional Haze Plan does not deal 

specifically with NOx as it relates to the federal NO2 standard, it addresses NOx, as a 

component of particle pollution. Thus, provisions of the State’s Regional Haze Plan will 

reduce the impact of NO2 on visibility, with the long-term goal of improving visibility in 

Class 1 areas. California’s Regional Haze Plan is available on the ARB website at

http://www.arb.ca.gov/planning/reghaze/reghaze.htm.
Appendix A Page A-13

Air Quality Modeling/Data [§110(a)(2)(K)]

This section requires states to use air quality models to predict the effect of NOx

emissions on ambient concentrations and to submit the modeling data to 

U.S. EPA when requested.

ARB is well versed in the use of air quality models to predict the impact of emissions on air 

quality. ARB modeling complies with U.S. EPA guidance, and ARB works closely with districts 

that conduct their own modeling to ensure similar compliance. Modeling results are available 

on request.

Discussion

The major NOx emission sources are mobile sources and stationary sources. ARB has an air 

quality modeling group with extensive experience related to modeling all types of sources for 

compliance with the federal standards. Furthermore, ARB’s air quality modeling work 

complies with U.S. EPA’s guidance on the use of models. In addition, ARB documents 

information used when conducting modeling or evaluating the performance of air quality 

models used for this purpose. Finally, ARB consults and works closely with districts that 

conduct their own air quality modeling to ensure compatibility with federal guidelines.

In an effort to ensure that proposed new or modified sources comply with the federal NO2

standard, district and State representatives worked cooperatively through CAPCOA to 

develop a common platform of information, tools, and stationary source modeling 

recommendations specific to the new 1-hour NO2 standard. The protocols are described in a 

document titled Modeling Compliance of the Federal 1-Hour NO2 NAAQS, released 

October 27, 2011. The modeling protocols are consistent with guidance provided by 

U.S. EPA.

ARB provides air quality modeling software and documentation with links to databases and 

search engines at http://www.arb.ca.gov/html/soft.htm#modeling. This page includes a link to

both State-approved and U.S. EPA-approved models and documentation.

Permitting Fees [§110(a)(2)(L)]

This section requires states to assess NO2 stationary source owners or

operators fees to cover the cost of reviewing and acting on a permit application. 

If a permit is granted, states must also assess fees to cover the cost of 

implementing and enforcing the permit. Finally, owners or operators must

comply with the fee provisions of Title V Sections 501 through 507 of the CAA 

and pay such fees to the permitting authority. 

Districts are responsible for issuing stationary source permits, and each district has rules 

requiring additional fees subject to Title V requirements.
Appendix A Page A-14

Discussion

As described in the previous section on “Programs for Enforcement, PSD, and NSR

[§110(a)(2)(C)],” responsibility for issuing stationary source permits is vested with the 

districts, and each district in California has adopted rules requiring an additional fee for 

facilities subject to Title V requirements. Information on district-issued permits is 

available on the ARB website at http://www.arb.ca.gov/permits/airdisop.htm and 

http://www.arb.ca.gov/permits/permits.htm. In addition, ARB maintains various email 

notification lists that provide subscribers with current, on-going email notification about

updates and changes to programs related to permitting. Information about subscribing 

to these email notification lists is also available on the ARB website at

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

Consultation/Participation by Affected Local Entities [§110(a)(2)(M)]

This section requires states to consult with and allow political subdivisions 

affected by the NO2 Infrastructure SIP to participate in the development process.

ARB coordinates on a regular basis with the State’s 35 districts. State law requires ARB to 

conduct a public hearing and solicit input from affected agencies and the public when 

developing any SIP document. 

Discussion

California is divided into 35 districts, comprising county or regional local government 

authorities with responsibility for controlling stationary source emissions. A map of district 

boundaries is available on ARB’s website at http://www.arb.ca.gov/capcoa/dismap.htm. Links 

to districts’ websites are available at http://www.arb.ca.gov/capcoa/roster.htm. 

ARB consults and provides liaison with all districts and provides for frequent and regular 

communication and consultation with management and staff of these districts. Because 

district boards are composed of local elected officials, this framework provides for regular 

consultation with and participation by local government entities (cities and counties) affected 

by the SIP. Furthermore, California Health and Safety Code section 41650, et seq., requires 

ARB to conduct a public hearing and to solicit testimony from districts, air quality planning 

agencies, and the public when adopting SIP-related documents. The districts have a similar 

process for soliciting participation and comment with respect to proposed regulatory actions.