PROPOSED

State of California

AIR RESOURCES BOARD

THE 2012 PM2.5 EMISSION INVENTORY SUBMITTAL TO THE STATE 

IMPLEMENTATION PLAN FOR THE SAN FRANCISCO BAY AREA

Resolution 12-37

December 6, 2012

Agenda Item No.: 12-9-2

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

designated the State Air Resources Board (ARB or Board) as the air pollution control 

agency for all purposes set forth in federal law;

WHEREAS, the 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 (the Act); (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) necessary to comply with the Act;

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 Act;

WHEREAS, the ARB has responsibility pursuant to sections 39002, 39500, 39602, 

and 41650 of the Health and Safety Code for ensuring that the districts meet their 

responsibilities under the Act;

WHEREAS, the ARB is authorized by section 39600 of the Health and Safety Code 

to do such acts as may be necessary for the proper execution of its powers and 

duties;

WHEREAS, sections 39515 and 39516 of the Health and Safety Code provide that 

any duty may be delegated to the Board’s Executive Officer as the Board deems 

appropriate;

WHEREAS, the local districts have primary responsibility for controlling air pollution 

from non-vehicular sources and for adopting control measures, rules, and 

regulations to attain the NAAQS within their boundaries pursuant to sections 39002, 

40000, 40001, 40701, 40702, and 41650 of the Health and Safety Code;
Resolution 12-37 2

WHEREAS, the San Francisco Bay Area consists of Napa, Marin, San Francisco, 

Contra Costa, Alameda, San Mateo, and Santa Clara counties, the southern portion 

of Sonoma County, and the western portion of Solano County;

WHEREAS, the Bay Area Air Quality Management District (Bay Area District) is 

responsible for carrying out these responsibilities in the San Francisco Bay Area

pursuant to section 40200 of the Health and Safety Code;

WHEREAS, in December 2006, the United States Environmental Protection Agency 

(U.S. EPA) lowered the 24-hour NAAQS for fine particulate matter (PM2.5) from 

65 ug/m3 to 35 ug/m3;

WHEREAS, effective December 14, 2009, U.S. EPA designated the San Francisco 

Bay Area as nonattainment for the 35 ug/m3 PM2.5 NAAQS, and established a SIP 

due date of December 14, 2012;

WHEREAS, in March 2007, U.S. EPA finalized the PM2.5 implementation rule 

(Rule) which established the framework and requirements that states must meet in 

developing PM2.5 SIPs;

WHEREAS, nonattainment areas that attain the NAAQS prior to the SIP submittal 

due date are eligible for reduced regulatory requirements as described in U.S. EPA’s 

Clean Data Policy for the Fine Particulate National Ambient Air Quality Standards

(Clean Data Policy) released on December 14, 2004;

WHEREAS, when a nonattainment area has air quality levels below the NAAQS, the 

Clean Data Policy specifies that the attainment demonstration, reasonable further 

progress, reasonably available control measures, and contingency SIP elements are 

no longer required;

WHEREAS, consistent with section 107(d)(3)(E) of the Act, the Bay Area District has 

demonstrated attainment of the PM2.5 NAAQS in the 2008-2010 period for the San 

Francisco Bay Area, based on quality-assured federal reference method monitoring 

data from the State and local monitoring network;

WHEREAS, on December 8, 2011, ARB submitted a request to the U.S. EPA to 

issue a Clean Data Finding for the San Francisco Bay Area;

WHEREAS, the Bay Area District developed the 2010 Bay Area Winter Emissions 

Inventory for Primary PM2.5 and PM Precursors (Emission Inventory SIP Submittal)

to address the requirements of the Act;

WHEREAS, federal law set forth in section 110(I) of the Act and Title 40, Code of 

Federal Regulations (CFR), section 51.102, requires that one or more public 

hearings, preceded by at least 30 days notice and opportunity for public review, 
Resolution 12-37 3

must be conducted prior to the adoption and submittal to the U.S. EPA of any SIP 

revision;

WHEREAS, as required by federal law, the Bay Area District made the Emission 

Inventory SIP Submittal available for public review at least 30 days prior to the Bay 

Area District Board of Directors hearing;

WHEREAS, following a public hearing on November 7, 2012, the Bay Area District 

Board of Directors voted to approve the Emission Inventory SIP Submittal;

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

project which may have significant adverse environmental impacts be adopted as 

originally proposed if feasible alternatives or mitigation measures are available to 

reduce or eliminate such impacts;

WHEREAS, on November XX9, 2012, the Bay Area District transmitted the Emission 

Inventory SIP Submittal to ARB as a SIP revision, along with proof of public notice 

publication, and environmental documents prepared in accordance with State and 

federal law; 

WHEREAS, the Board finds that the Emission Inventory SIP Submittal meets all 

applicable PM2.5 planning requirements established by the Act and the Rule, and 

includes the required emissions data; and

WHEREAS, the Board further finds that ARB has reviewed and considered the 

Emission Inventory SIP Submittal, along with environmental documents and 

comments presented by interested parties, and finds that they are consistent with

the requirements of the Act and CEQA.

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

Inventory SIP Submittal as a revision to the California SIP.

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

forward the Emission Inventory SIP Submittal as approved to U.S. EPA for inclusion 

in the SIP to be effective, for purposes of federal law, upon approval by U.S. EPA.

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

with the Bay Area District and U.S. EPA and take appropriate action to resolve any 

completeness or approvability issues that may arise regarding the SIP submission.

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

include in the SIP submittal any technical corrections, clarifications, or additions that 

may be necessary to secure U.S. EPA approval.
Resolution 12-37 4

BE IT FURTHER RESOLVED that the Board hereby certifies pursuant to 

40 CFR section 51.102 that the Emission Inventory SIP Submittal was adopted after 

notice and public hearing as required by 40 CFR section 51.102.