SJVUAPCD Governing Board ADOPT THE PROPOSED 2008 PM2.5 PLAN April 30, 2008

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BEFORE THE GOVERNING BOARD OF THE SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT

IN THE MATTER OF: ADOPTING THE SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 2008 PM2.5 PLAN ) ) ) ) ) RESOLUTION NO. ________________

WHEREAS , the San Joaquin Valley Unified Air Pollu tion Control District (“District”) is a duly constituted unified district, as prov ided in California Health and Safety Code sections 40150 to 40161; and

WHEREAS , pursuant to Section 107(d) of the Clean Air Act as amended in 1990, the United States Environment al Protection Agency (EPA) has designated the San Joaquin Valley Air Basin (SJVAB) as nonattain ment for the PM2.5 ambient air quality standards as set in 1997; and

WHEREAS , as given in Section 172(b) of the Clean Air Act (CAA), attainment plans must be submitted to EPA no later than thr ee years after the effective date of the nonattainment designation, and the SJVAB was designated nonattainment in Volume 70, Number 3 of the Federal Register (January 5, 2005, pages 956- 957, effective April 5, 2005); therefore, EPA requires the State of Califor nia to submit a plan by April 5, 2008 that satisfies the requi rements of Section 172 of the CAA, including a demonstration of attainment of the f ederal 1997 PM2.5 standards in the SJVAB; and

WHEREAS , the initial attainment date for PM2. 5 areas is no later than five years after the date of designation, or April 5, 2010, but the EPA Administrator may revise the date, as appropriate, for a period of up to ten years from the date of designation based on the severity of nonattainment and t he availability and feas ibility of control measures (40 CFR 51.1004 (a)); and

WHEREAS , photochemical modeling conducted by the California Air Resources Board (ARB) indicates that total oxides of nitrogen (NOx) levels will need to be ///

SJVUAPCD 1990 E. Gettysburg Ave Fresno, CA 93726

(559) 230-5800 Resolution for the 2008 PM2.5 Plan -1-SJVUAPCD Governing Board ADOPT THE PROPOSED 2008 PM2.5 PLAN April 30, 2008

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 reduced by approximately 50% of their 2005 leve ls for the Valley to reach attainment of the 1997 PM2.5 standard; and

WHEREAS , receptor modeling conducted by the District shows that District and ARB emission reductions are sufficient to dem onstrate attainment before 2015, but not sooner; and WHEREAS , approximately 80% of the 2005 NOx em issions inventory in the Valley come from mobile sources; and

WHEREAS , emissions from mobile sources in the San Joaquin Valley Air Basin are under the primary regulatory authority of ARB and EPA; and WHEREAS , ARB’s proposed mobile source meas ures will not go into effect until 2014; and WHEREAS , the District conducted a comprehens ive analysis of the San Joaquin Valley’s emissions sources and potential cont rol measures to reduce emissions as expeditiously as practicable, given the availability of control technologies; and

WHEREAS , because of the severity of nonatta inment, the magnitude of reductions needed and the reliance on ARB’s mobile s ource reductions, the District has demonstrated that the SJVAB will attain the 1997 PM2.5 NAAQS as expeditiously as practicable, which is 2014; and

WHEREAS , the District Governing Board is commi tted to achieving the 2006 federal PM2.5 standard as expeditiously as possible; and

WHEREAS , the District Governing Board is co mmitted to achieving the state PM2.5 standard as expeditiously as possible; and

WHEREAS , the District, ARB, and the eight Transportation Planning Agencies (TPAs) in the SJVAB prepared the 2008 PM2.5 Plan, which demonstrates attainment of the federal PM2.5 ambient air quality standards (as set in 1997) by April 5, 2015 and contains all required elements; and /// ///

SJVUAPCD 1990 E. Gettysburg Ave Fresno, CA 93726

(559) 230-5800 Resolution for the 2008 PM2.5 Plan -2-SJVUAPCD Governing Board ADOPT THE PROPOSED 2008 PM2.5 PLAN April 30, 2008

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS , the 2008 PM2.5 Plan meets federal Clean Ai r Act requirements for demonstrating reasonable further progress in reducing emi ssions of direct PM2.5 and PM2.5 precursors for the years 2009 and 2012; and

WHEREAS , the District held workshops for the Draft 2008 PM2.5 Plan on December 18 and 19, 2007 and February 25 and 26, 2008, and the District responded to written and verbal comments that were received during associated comment periods; and

WHEREAS , after the close of the comment periods on the Proposed Plan, the District revised Plan text as appropriate and prepared responses to comments that are included in the Revised Proposed 2008 PM2.5 Plan ; and

WHEREAS , the Plan includes sub-area mobile s ource emissions budgets for 2009, 2012, and 2014 that must be met by each of the eight Metropolitan Planning Organizations (MPOs), respectively, in the San Joaquin Valley Air Basin for transportation conformity; and

WHEREAS , the dynamic nature of transportati on planning in the San Joaquin Valley may trigger the need for technical refinements to the sub-area emissions budgets after the District Governing Board adoption of the 2008 PM2.5 Plan ; and

WHEREAS , specific rule language will be devel oped during the District’s rule development process, which addresses emissi on control measure f easibility issues at a much greater level of detail than was possible during plan development; and

WHEREAS , individual control measures may be re vised from what is proposed in the Plan, and the District is committed to achieving equivalent emission reductions from the overall control strategy in the sa me time frames as proposed in the Plan; and

WHEREAS , the technical PM2.5 modeling work supporting the 2008 PM2.5 Plan could not have been accomplished without the leadership, funding, and work products provided through the San Joaquin Valleywide Air Pollution Study Agency; and

WHEREAS , the ongoing California Regional Particul ate Air Quality Study (CRPAQS) will continue to produce results that help provide an improved understanding of PM in ///

SJVUAPCD 1990 E. Gettysburg Ave Fresno, CA 93726

(559) 230-5800 Resolution for the 2008 PM2.5 Plan -3-SJVUAPCD Governing Board ADOPT THE PROPOSED 2008 PM2.5 PLAN April 30, 2008

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the SJVAB, including relationships among me teorology, atmospheric chemistry, and PM precursor emissions; and

WHEREAS , the District and t he ARB developed the 2008 PM2.5 Plan with the best CRPAQS information available through March 2008; and

WHEREAS , as required by EPA (40 CFR Part 51, Subpart Z, Section 51.1011), the District will complete a mid-course review for the 1997 PM2.5 NAAQS by April 2011; and

WHEREAS , a public hearing for the adoption of the Plan was duly noticed and held on April 30, 2008, in accordance with law; and

WHEREAS , this Board concurs with the recommendations of its staff; NOW, THEREFORE , be it resolved as follows: 1. The District Governing Board adopts the Revised Proposed 2008 PM2.5 Plan , thereby fulfilling separate feder al air quality planning requirem ents. Said Plan and its circulated Appendices are attached hereto and ar e incorporated herein as Exhibit “A.” 2. The District Governing Board requests the EPA to set April 5, 2015 as the attainment date for the federal PM2.5 ambient air quality standards, as set in 1997. 3. The 2008 PM2.5 Plan is consistent with the requi rements of the federal Clean Air Act and corresponding EPA guidance. 4. The District has completed an Initial Study for said 2008 PM2.5 Plan that indicates the project will not result in any significant adverse effects to the environment, and a Proposed Negative Declaration has been prepared and properly noticed pursuant to the Califor nia Environmental Quality Act (CEQA) Guidelines. The District Governing Board has duly consider ed said Initial Study and proposed Negative Declaration. Accordingly, the Distr ict Governing Board approves and adopts a Negative Declaration for said Plan pursuant to CEQA requirements. In accordance with the provisions of Sections 15075 of the California Environmental Quality Act Guidelines , the Executive Director/Air Pollution Control Officer is hereby directed to file a Notice of Determination with the C ounty Clerks of each county in the District.

SJVUAPCD 1990 E. Gettysburg Ave Fresno, CA 93726

(559) 230-5800 Resolution for the 2008 PM2.5 Plan -4-SJVUAPCD Governing Board ADOPT THE PROPOSED 2008 PM2.5 PLAN April 30, 2008

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. The District Governing Board hereby finds, based on the evidence and information presented at the hearing upon which its decision is based, that all notices required to be given by law have been duly given, and that the District Governing Board has allowed public testimony in accordance with law. 6. Adoption of said Plan is necessary to comply with the Federal Clean Air Act and the California Clean Air Act and will prom ote the health and welfare of the residents of the San Joaquin Valley Air Ba sin. Rule development under the Plan will be in accordance with the District's rule development procedure with due consideration of technological feasibility, cost-effectiveness, socioeconomic impact, and environmental impact. 7. The Executive Director/Air Pollution Cont rol Officer is hereby directed to forward a copy of this Resolution, the 2008 PM2.5 Plan , and appropriate Appendices to the ARB for inclusion in the State Implementation Plan (SIP). 8. District staff is directed to work with stakeholders and EPA to ensure that rules developed as a result of adoption of the 2008 PM2.5 Plan address technical and economic feasibility issues identified during plan developm ent along with those that arise during the rule development proce ss so that the rules are both fair and approvable by EPA. 9. The District Governing Board commi ts to adopt and implement the rules and measures in the 2008 PM2.5 Plan by the dates specified in Chapter 6 to achieve the emissions reductions shown in Chapter 6, and to submit these ru les and measures to the ARB within one month of adoption for trans mittal to EPA as a revision to the State Implementation Plan. If the total emission reductions from the adopted rules are less than those committed to in the Plan, the District Governing Board commits to adopt, submit, and implement substitute rules and measures that will achieve equivalent reductions in emissions of direct PM2.5 or PM2.5 precursors in the same adoption and implementation timeframes or in the ti meframes needed to meet CAA milestones. ///

SJVUAPCD 1990 E. Gettysburg Ave Fresno, CA 93726

(559) 230-5800 Resolution for the 2008 PM2.5 Plan -5-SJVUAPCD Governing Board ADOPT THE PROPOSED 2008 PM2.5 PLAN April 30, 2008

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. Any technical refinements that ar e needed for the sub-area emissions budgets will be duly noticed and presented in the State strategy that is scheduled for hearing by ARB in May 2008. 11. The District Governing Board commits to provide adequate resources to carry out the provisions of the 2008 PM2.5 Plan

. 12. The District Governing Board requests that ARB authorize its Executive Officer to include the District’s 2008 PM2.5 Plan , as adopted by the District’s Governing Board, in the California State Implementation Plan for submittal to the EPA. 13. District staff is hereby authorized to make any minor typographical and technical changes in the 2008 PM2.5 Plan that are necessary to co rrect minor errors, clarify wording, or to satisfy ARB and EPA technica l requirements, provi ded that there are no changes in the conclusions or control requirements in the 2008 PM2.5 Plan

. 14. THE FOREGOING was passed and adopted by th e following vote of the Governing Board of the San Joaquin Valley Un ified Air Pollution Control District this 30th day of April 2008, to wit:

AYES:

NOES:

ABSENT:

SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT

By _________________________________ Leroy Ornellas, Chair Governing Board

SJVUAPCD 1990 E. Gettysburg Ave Fresno, CA 93726

(559) 230-5800 Resolution for the 2008 PM2.5 Plan -6-SJVUAPCD Governing Board ADOPT THE PROPOSED 2008 PM2.5 PLAN April 30, 2008

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTEST: Clerk to the Governing Board

By _____________________ Toni Taber

SJVUAPCD 1990 E. Gettysburg Ave Fresno, CA 93726

(559) 230-5800 Resolution for the 2008 PM2.5 Plan -7-