State ofCalifornia AIR RESOURCES BOARD Resolution 11-28 September 22, 2011 Agenda Item No.:· 11 1

## -7-1. WHEREAS, the Legislature in Health and Safety Code section 39602 designated the · StateAir Resources Board (ARB or Board) as the air pollution control agencyfor·all purpo$eS setforth in federal·law; · · · ··· WHE;REAS, ARB is responsible forthe preparation ofthe



### Stat~ Implementation Plan · (SIP) for attaining and maintaining the national ambient air quality standards.(NAAQS). .as. required bythe federalClean AirAct (CAA; 42 U.S.C. section 7401 

### etseq.) and to this end is directed by Health and Safety Code section 39602 to coordinatethe activities ofall lqcal and regional air pollution control and air quality management districts .

.(districts) as r)ecessary to ·comply with the CAA; · ·
· WHEREAS, section 39602 ofthe Health and Safety Code alsoprovides.thatthe SIP

shall include onlythose provisions necessaryto meetthe requirements ofthe CAA; ·

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### . . WHEREAS, ARB has primary responsibility forthe control. ofair pollution from vehicular sources, including motorvehicle fuels, as specified in sections 39002, 39500, and part 5 (commencing with section 43000) ofthe Health and Safety Code, and for ensuring that districts meettheir responsibilities underthe CAA pursuantto se.ctions 39002, 39500, 39602,40469, and 41650 ofthe Health and Safety Code; WHEREAS, ARB is authorized by Health and Safety Code section 39600 to do such ·acts as maybe necessary forthe proper execution of its powers and duties;. WHEREAS, the California Environmental Quality Act (CEQA) requiresthat no project which may have significant adverse environmental impacts may be 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 consequences ofany 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 submitto the U.S. EPAAdministrator, after reasonable notice and public hearing, an InfrastructUre SIP that provides for implementation, maintenance, and enf9rcement ofthe NAAQSthroughoutthe State; ·

**~** .. . . . . WHEREAS, the CAA sections 11 O(a)(2)(A) through (M) setforth 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 strategyfor.attaining and maintaining the NAAQS; . • ..

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**.~.** i . J\.; WHEREAS, many ofthe Infrastructure SIP requirements were addressed in California'.s, comprehensive CAA section 11O(a)(2) SIP, whichwas 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 commitmentto comply with . '· . CAA section 110(a)(2) requirements; a:s well as responds to new eiellJE!nts required by::. the 1990 CAAAmendments andby U.S. EPA's 2008 promulgation ofthe revised lead·,. NAAQS; .


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### ...J ·WHEREAS,,the Infrastructure SIP for lead must be submitted to U.S. EPA

**by.~** ..;;i :;__ **::->~** October 15, 2011, (three years after promulgation ofthe 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 opportunityfor public review, be '·'' con.ducted priorto the adoption and submittal to U.S. EPA ofany SIP revision;

. '·,·· '' ··.o;.T WHEREAS, on August 24, 2011, ARB staff.circulated for public review a Staff Report entitled Proposed State Implementation Plan Revision forFederal LeadStandard · Infrastructure Requirements, which includes a discussion ofall elements ofthe 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 ofmajor stationary lead sources;Resolution 11-28 

### 3 4. prohibit lead emissions from contributing significantly to nonattainment of the lead NAAQS, interfering with maintenance ofthe 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 ofstationary lead·sources to install, · maintain, and replace equipmentformonitoring 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 implementtheir 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 orto comply with additionai.CAA

**r~qliirements;** · · ·

.. 9. meetthe applicable requirements ofthe CAA relating to consultation and .· public notification, and meetthe requirements for PSD and visibility· protection, as they apply to lead;

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

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

### EPAwhen

requested; · 11.. assess and calledfrom owners and operators ofstationary lead sources, · fees sufficientto

**cove~** the reasonable costs of reviewing and acting upon a permit application and fees sufficientto coverthe reasonable costs of implementing and enforcing the permit, ifgranted (owners or operators · are also required to comply with the fee provisions ofTitle V sections 501 through 507 ofthe CAA); and 12. consultwith and allow for participation by local political subdivisions affected bythe Infrastructure SIP for lead.

'- .Reso1Lition.11-28 

### 4 WHEREAS, the Board finds that: 1. The proposed Infrastructure SIP for lead meets the applicable

. requirements established bythe·CAA and U.S. EPA regulations; 2. The Board certifies pursuantto 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 ofARB's and districts' authority;. ·and abilities to implementthe lead NAAQS, therefore, the project·is . · exemptfrom CEQA because there is no possibility that it·will have a significant effect on·the environment. . · NOW, THEREFORE, BE IT RESOLVED thatthe Board hereby adopts the Infrastructure.SIP for lead, as setforth 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 Officerto submit the adopted Infrastructure SIP for lead to U.S. EPAfor approval, along ,.

. with othersupporting documentation, no laterthan October 15, 20·11; · ;: 

## > ....., :t), . BE IT FURTHER RESOLVED that the Board directs the Executive Officerto

.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 September22, 2011 Identification-ofAttachments to the Board Resolution Attachment A: Proposed State lmplementati.on Plan Revision for Federal

**L:e~d** Standard Infrastructure Requirements, Released August24, 2011, including Appendix A, available at: http://www.arb.ca.gov/planning/sip/sip.htm.

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