State of California 

AIR RESOURCES BOARD 

Resolution 11-28 

September 22, 2011 

Agenda Item No.:· 111

-7-1. 

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 

purpo$eS set forth in federal·law; · · · · ·· 

WHE;REAS, ARB is responsible for the preparation of the Stat~ 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 lqcal and regional air pollution control and air quality management districts . 

. (districts) as r)ecessary 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 se.ctions 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 October 15, 2008, the United States Environmental Protection Agency 

(U.S. EPA) promulgated a revised 3-month average lead NAAQS at a level of 0.15 

micrograms per cubic meter; 
Resolution 11-28 2• 

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

each state to adopt and submit to the U.S. EPA Administrator, after reasonable notice 

and public hearing, an InfrastructUre SIP that provides for implementation, maintenance, 

and enf9rcement of the NAAQS throughout the State; · 

~ . . . . . . 

WHEREAS, the CAA sections 11 O(a)(2)(A) through (M) set forth the specific elements a 

state must apdress in its Infrastructure SIP for the.·NAAQS; 

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

· instead sets forth the State's and districts' authority and abilities to develop and 

·implement a strategy for.attaining and maintaining the NAAQS; . • .. ~~ _;f . . J 

. ~ : :: . . ., .~. i . 

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

comprehensive CAA section 11 O(a)(2) SIP, which was submitted in response to the ' · 

CAA of 197Q and approved by U.S. EPA in 1979 in 40 Code of Federal Regulations ··.· . ./ 

(CFR) section 52.220; ;; 

;WHEREAS, the Infrastructure SIP affirms ARB's commitment to comply with . '· . 

CAA section 110(a)(2) requirements; a:s well as responds to new eiellJE!nts required by::. 

the 1990 CAA Amendments and by U.S. EPA's 2008 promulgation ofthe revised lead·,. 

NAAQS; . 

. . . . :_ ~···~: ... ; . ~:: ... J 

·WHEREAS,,the Infrastructure SIP for lead must be submitted to U.S. EPA by.~ .. ;;i :; __ ::->~ 

October 15, 2011, (three years after promulgation of the 2008 lead NAAQS); 

.WHEREAS, CAA section 110(1) and 40 CFR section 51.102·require one or more public·. 

hearings, pre·ceded by at least 30-day notice and opportunity for public review, be '·'' 

con.ducted prior to the adoption and submittal to U.S. EPA of any SIP revision; . '·,·· 

'' ··.o;.T 

WHEREAS, on August 24, 2011, ARB staff .circulated for public review a Staff Report 

entitled Proposed State Implementation Plan Revision for Federal Lead Standard · 

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

Infrastructure SIP for lead as required under CAA section 11 O(a)(2); and 

~ 1 . ··' 

WHEREAS, the proposed Infrastructure SIP for lead demonstrates ARB and districts' ·: 

. authority and abilities to: · 

1 ... establish enforceable emission limits and other control measures an(j programs 

that effectively limit lead emissions and establish schedules and timetables for 

co~plying with the lead NAAQS; 

· 2; . monitor, ~ompile, and analyze ambient.le~d air qu~lity data and provid~ . . . :; , ~. 

thedatatoU.S.EPA; ... , .·· ·.·· .. '"··'' 

3. implement an enforcement program for control measures associated with 

implementing the lead NAAQS and a permit program regulating the. 

construction and modification of major stationary lead sources; 
Resolution 11-28 3 

4. prohibit lead emissions from contributing significantly to nonattainment of 

the lead NAAQS, interfering with maintenance of the lead NAAQS, or 

contributing to reduced visibility in another state; 

5. · proyide assurances .that the agencies have adequate personnel, fun~if)g, 

·and legal authority to carry out provisions in the SIP, that C1·majority of ·· 

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

ensure that the districts can implement provisions in the SIP; 

· 6. require owners and operators of stationary lead· sources to install, · 

maintain, and replace equipment for monitoring stationary source le.ad 

emissions and to provide periodic reports.on these emissions; 

7. halt lead emissions that cause or contribute to injury of public health ·or 

welfare and have adequ~te contingency plans to implement their 

authority; 

8. 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 additionai.CAA 

r~qliirements; · · · 

.. 9. meet the applicable requirements of the CAA relating to consultation and .· 

public notification, and meet the requirements for PSD and visibility· 

protection, as they apply to lead; 

. 10. provide for using air quality. models to predict the effect of lead emissions 

· Ofl ambient air quality, and submit the modeling data to U.S. EPA when 

requested; · 

11 .. assess and called from owners and operators of stationary lead sources, 

· fees sufficient to cove~ 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 

12. consult with and allow for participation by local political subdivisions 

affected by the Infrastructure SIP for lead. 

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Reso1Lition.11-28 4 

WHEREAS, the Board finds that: 

1. The proposed Infrastructure SIP for lead meets the applicable 

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

2. The Board certifies pursuant to 40 CFR section 51.102 that the proposed· 

Infrastructure SIP for lead meets the notice and public hearing 

req.uirements specified in 40 CFR section 51.1 02; and. 

·3.. The proposed Infrastructure SIP for lead will not result in any significant . 

adverse environmental impacts because it does not contain any control. ; 

strategies and is simply a de.monstration of ARB's and districts' authority;. 

·and abilities to implement the lead NAAQS, therefore, the project ·is . · 

exempt from CEQA because there is no possibility that it ·will have a 

significant effect on· the environment. . · 

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

Infrastructure. SIP for lead, as set forth in Attachment A to this resolution, as a 

revision to the California State.lmplementation Plan. · 

.... • 

BE IT FURTHER RESOLVED that the Board directs the Executive Officer to 

submit the adopted Infrastructure SIP for lead to U.S. EPA for approval, along 

,. 

. with other supporting documentation, no later than October 15, 20·11; · ;: > ..... , :t), . 

BE IT FURTHER RESOLVED that the Board directs the Executive Officer to 

. work with U.~. E.PA and take appropriate action to resolve any completeness on 

approvability issues that may arise regarding the Infrastructure SIP for lead. 

I hereby certify that the above is a true and: 

correct copy of Resolution 11-28, as adopted 

by the Air Resources Board. 
Resolution 11-28 

September 22, 2011 

Identification-of Attachments to the Board Resolution 

Attachment A: Proposed State lmplementati.on Plan Revision for Federal L:e~d 

Standard Infrastructure Requirements, Released August 24, 2011, including 

Appendix A, available at: http://www.arb.ca.gov/planning/sip/sip.htm. 

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