ENCLOSURE 2 

State of California 

AIR RESOURCES BOARD 

PROPOSED STATE IMPLEMENTATION PLAN REVISION FOR FEDERAL 

NITROGEN DIOXIDE STANDARD INFRASTRUCTURE REQUIREMENTS 

Resolution 12-34 

November 15, 2012 

Agenda Item No.: 12-8-1 

WHEREAS, the Legislature in Health and Safety Code section 39602 designated the 

State Air Resources Board (ARB or Board) as the air pollution control agency for all 

purposes set forth in federal law; 

WHEREAS, ARB is responsible for preparing the State Implementation Plan (SIP) for 

attaining and maintaining the National Ambient Air Quality Standards (NAAQS) as 

required by the federal Clean Air Act (CAA; 42 U.S.C. section 7401 et seq.) and to this 

end is directed by Health and Safety Code section 39602 to coordinate the activities of 

all local and regional air pollution control and air quality management districts (districts) 

as necessary to comply with the CAA; 

WHEREAS, section 39602 of the Health and Safety Code also provides that the SIP 

shall include only those provisions necessary to meet the requirements of the CAA; 

WHEREAS, ARB has primary responsibility for the control of air pollution from vehicular 

sources, including motor vehicle fuels, as specified in sections 39002, 39500, and part 5 

(commencing with section 43000) of the Health and Safety Code, and for ensuring that 

districts meet their responsibilities under the CAA pursuant to sections 39002, 39500, 

39602, 40469, and 41650 of the Health and Safety Code; 

WHEREAS, ARB is authorized by Health and Safety Code section 39600 to do such 

acts as may be necessary for the proper execution of its powers and duties; 

WHEREAS, the California Environmental Quality Act (CEQA) requires that no project 

which may have significant adverse environmental impacts may be adopted as 

originally proposed if feasible alternatives or mitigation measures are available to 

reduce or eliminate such impacts, unless specific overriding considerations are 

identified which outweigh the potential adverse consequences of any unmitigated 

impacts; 

WHEREAS, on January 22, 2010, the United States Environmental Protection Agency 

(U.S. EPA) promulgated a new 1-hour average nitrogen dioxide NAAQS at a level of 

100 parts per billion; 

WHEREAS, on January 22, 2010, U.S. EPA retained the annual average nitrogen 

dioxide NAAQS at a level of 53 parts per billion; 
Resolution 12-34 2 

WHEREAS, when U.S. EPA promulgates a NAAQS, CAA Section 110(a)(1) requires 

each state to adopt, after reasonable notice and public hearing, and submit to the 

U.S. EPA Administrator an Infrastructure SIP that provides for implementation, 

maintenance, and enforcement of the NAAQS throughout the State; 

WHEREAS, a state must address the specific elements of CAA Sections 110(a)(2)(B) 

through(H), and (J) through (M) in its Infrastructure SIP for the 1-hour average nitrogen 

dioxide NAAQS (75 Fed. Reg. 6474, 6523); 

WHEREAS, the Infrastructure SIP does not contain any proposed control strategy, but 

instead sets forth the State's and district's authorities and abilities to develop and 

implement a strategy for attaining and maintaining the NAAQS; 

WHEREAS, many of the Infrastructure SIP requirements were addressed in California's 

comprehensive CAA Section 110(a)(2) SIP, which was submitted in response to the 

CAA of 1970 and approved by U.S. EPA in 1979 in 40 Code of Federal Regulations 

(CFR) 52.220; 

WHEREAS, this Infrastructure SIP revision provides ARB's commitment to comply with 

CAA 110(a)(2) requirements, as well as responds to new elements required by the 

1990 CAA Amendments and by U.S. EPA's 2010 promulgation of the revised nitrogen 

dioxide NAAQS; 

WHEREAS, the Infrastructure SIP for nitrogen dioxide must be submitted to U.S. EPA 

by January 22, 2013 (three years after promulgation of the 2010 nitrogen dioxide 

NAAQS); 

WHEREAS, CAA Section 110(I) and 40 CFR Section 51.102 require one or more public 

hearings, preceded by at least 30-day notice and opporiunity for public review, be 

conducted prior to the adoption and submittal to U.S. EPA of any SIP revision; 

WHEREAS, on October 15, 2012, ARB staff circulated for public review a Staff Report 

entitled Proposed State lmplementation Plan Revision for Federal Nitrogen Dioxide 

Standard Infrastructure Requirements, which includes a discussion of all elements of 

the Infrastructure SIP for nitrogen dioxide as required under CAA Section 110(a)(2); 

WHEREAS, the Board finds that the proposed Infrastructure SIP for nitrogen dioxide 

demonstrates ARB and districts' authorities and abilities to: 

1. Monitor, compile, and analyze ambient nitrogen dioxide air quality data 

and provide the data to U.S. EPA; 

2. Implement an enforcement program for control measures associated with 

implementing the nitrogen dioxide NAAQS and a permit program regulating the 

construction and modification of major stationary nitrogen dioxide sources; 
Resolution 12-34 3 

3. Prohibit nitrogen dioxide emissions from contributing significantly to 

nonattainment of the nitrogen dioxide NAAQS, interfering with 

maintenance of the nitrogen dioxide. NAAQS, or contributing to reduced 

visibility in another state; 

4. Provide assurances that the agencies have adequate personnel, funding, 

and legal authority to carry out provisions in the SIP, that a majority of 

their board members represent the public interest, and that the state can 

ensure that the districts can implement provisions in the SIP; 

5. Require owners and operators of stationary nitrogen dioxide sources to 

install, maintain, and replace equipment for monitoring stationary source 

nitrogen dioxide emissions and to provide periodic reports on these 

emissions; 

6. Halt nitrogen dioxide emissions that cause or contribute to injury of public 

health or welfare and have adequate contingency ptans to implement their 

authority; 

7. Revise their SIP when a NAAQS is revised, new attainment methods 

become available, or U.S. EPA determines that a current SIP is 

inadequate to attain the NAAQS or to comply with additional CAA 

requirements; 

8. Meet the applicable requirements of the CAA relating to consultation and 

public notification, and meet the requirements for Prevention of Significant 

Deterioration and visibility protection, as they apply to nitrogen dioxide; 

9. Provide for using air quality models to predict the effect of nitrogen dioxide 

emissions on ambient air quality and submitting the modeling data to 

U.S. EPA when requested; 

10. Assess and collect from owners and operators of stationary nitrogen 

dioxide sources, fees sufficient to cover the reasonable costs of reviewing 

and acting upon a permit application and fees sufficient to cover the 

reasonable costs of implementing and enforcing the permit, if granted 

(owners or operators are also required to comply with the fee provisions of 

Title V Sections 501 through 507 of the CAA); and 

11. Consult with and allow for participation by local political subdivisions 

affected by the Infrastructure SIP for nitrogen dioxide. 
Resolution 12-34 _ 4 

WH EREAS, the Board f nds that: 

1. The proposed lnfrastructure SIP for nitrogen dioxide meets the applicable 

requirements established by the CAA and U.S. EPA regulations; 

2. The proposed Infrastructure SIP for nitrogen dioxide meets the notice and 

public hearirig requirements specified in 40 CFR Section 51,102; and 

3: The proposed Infrastructure SIP for nitrogen diozide will not result in any 

significant adverse environmental irnpacts because it does not contain 

any control strategies and is simply a cfemonstration of ARB's and the 

distric'ts' authority and abiiities to implementthe nitrogen dioxide NAAQS, 

therefore, there is no possibility that adoption of the SIP will have any 

significant impact on the environment. 

NOW, THEREFORE, BE IT RESOLVED that the Board hereby adopts the InfrastrUcture 

SIP fior nitrogen dioxide, as setforth in Attachment A to this resolution, as a revision to 

the California State Implementation Plan. 

BE 1T FURTHER RESOLVED that the Board certifies pursuant to 40 CFR 

Section 51,102 that ttle notice and faublic hearing requirements of that section were met. 

BE IT FURTHER RESOLVED that the Board direct5 the Executive Of#icer to submit the 

adopted Jnfrastructure SIF' for nitrogen dioxide to U.S. EPA for approval, aiong with 

other supportirig documentation, no later than January 22, 2013.. 

BE iT FURTHER RESOI_1lED that the Board direct,s the Executive Officer to vvoric with 

U.S. EPA and take appropriate action to resolve any completeness or approvability 

issues that may arise regarding the lnfrastructure SIP for nitrogen dioxide. 

I hereby cer6fy that the above is a true and correct 

copy of Resolution 12-34, as adopted by the Air 

Resources Board. 

t 

Tracy .Iense .VClerk of the Board