State of California 

AIR RESOURCES BOARD 

SAN JOAQUIN VALLEY 2013 PLAN FOR THE FEDERAL 

1-HOUR OZONE STANDARD 

Resolution 13-45 

November 21, 2013 

Agenda Item No.: 13-10-6 

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 (NMQS or 

standard) 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 41650 of the Health and Safety Code requires ARB to approve the 

nonattainment plan adopted by a district as part of the SIP unless the Board finds, after 

a public hearing, that the plan does not meet the requirements of the Act; 

WHEREAS, ARB has responsibility for ensuring that the districts meet their 

responsibilities under the Act pursuant to sections 39002, 39500, 39602, and 41650 of 

the Health and Safety Code; · 

WHEREAS, 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 districts have primary responsibility for controlling air pollution from 

non-vehicular sources and for adopting control measures, rules, and regulations to 

attain the NMOS within their boundaries pursuant to sections 39002, 40000, 40001, 

40701, 40702, and 41650 of the Health and Safety Code; 

WHEREAS, the San Joaquin Valley Air Basin includes Fresno, Kings, Madera, Merced, 

San Joaquin, Stanislaus, Tulare, and western Kern Counties; 
Resolution 13-45 2 

WHEREAS, the San Joaquin Valley Air Pollution Control District (District) is the 

air quality planning agency for the San Joaquin Valley; 

WHEREAS, on November 6, 1991, the United States Environmental Protection Agency 

(U.S. EPA) designated the San Joaquin Valley as nonattainment for the 1-hour ozone 

standard with an attainment date of November 15, 1999; 

WHEREAS, the San Joaquin Valley did not attain the 1-hour ozone standard by its 

attainment date of November 15, 1999; 

WHEREAS, U.S. EPA reclassified the San Joaquin Valley as severe effective 

December 1 0, 2001 ; 

WHEREAS, on December 18, 2003, the District Board requested a reclassification to 

extreme with a November 15, 2010, attainment date; 

WHEREAS, U.S. EPA reclassified the San Joaquin Valley to extreme effective May 17, 2004; 

WHEREAS, on October 8, 2004, the District Board adopted the Extreme Ozone 

Attainment Demonstration Plan (2004 Plan) to attain the federal1-hour ozone standard 

by November 15, 2010; 

WHEREAS, on June 15, 2005, U.S. EPA revoked the 1-hour ozone standard when it 

promulgated a more health protective 8-hour ozone standard, but subsequent decisions 

by the federal courts determined that most of the SIP planning obligations for that 

standard remain in effect; 

WHEREAS, on March 8, 2010, U.S. EPA approved the District 2004 Plan; 

WHEREAS, in 2012, U.S. EPA found that the San Joaquin Valley failed to attain the 

1-hour ozone standard by November 15, 201 0; 

WHEREAS, on July 10, 2012, the District requested U.S. EPA to withdraw the 2004 

Plan as a revision to the SIP; 

WHEREAS, on September 19, 2012, U.S. EPA proposed withdrawal of its March 8, 2010, 

approval of the 2004 Plan; 

WHEREAS, on October .15, 2012, ARB withdrew the 2004 Plan, to be effective 

immediately upon finalization of U.S. EPA's proposal to withdraw its approval of the 

2004 Plan; 

WHEREAS, on November 26, 2012, U.S. EPA finalized its proposal and withdrew 

approval of the District 2004 Plan; 
Resolution 13-45 3 

WHEREAS, on November 26, 2012, following ARB's withdrawal of the 2004 Plan, U.S. 

EPA found California had failed to submit an extreme area SIP for the 1-hour ozone 

standard; 

WHEREAS, on November 26, 2012, U.S. EPA also withdrew a portion of its final rule 

approving the District's 2007 Ozone Plan related to the\lehicle miles traveled (VMT) 

offset demonstration for the 0.08 parts per million (ppm) 8-hour ozone standard and 

found California failed to submit VMT offsets for the 0.08 ppm 8-hour ozone standard; 

WHEREAS, to meet its extreme area SIP obligations for 1-hour ozone, the District 

prepared the 2013 1-Hour Ozone Plan to demonstrate attainment of the 1-hour ozone 

standard by 2017; 

WHEREAS, to address U.S. EPA's finding of failure to submit VMT offsets for the 0.08 

ppm 8-hour ozone standard, the 2013 1-Hour Ozone Plan also includes a VMT offset 

demonstration for the 0.08 ppm 8-hour ozone standard pertinent to the District's 2007 

Ozone Plan; 

WHEREAS, the District hosted a public workshop to present, discuss, and take 

comments on the 2013 1-Hour Ozone Plan on April 16, 2013; 

WHEREAS, the District Board adopted the 2013 1-Hour Ozone Plan on September 19, 2013; 

WHEREAS, consistent with section 172(c)(3) of the Act, the 2013 1-Hour Ozone Plan 

includes a comprehensive, accurate, current inventory of emissions data for oxides of 

nitrogen (NOx) and volatile organic compounds (VOC); 

WHEREAS, consistent with sections 182(c)(2) and 172(a)(2) of the Act, the 2013 1-Hour 

Ozone Plan includes an attainment demonstration that shows attainment as expeditiously 

as practicable within the required five years; 

WHEREAS, consistent with section 172(c)(1) of the Act, the 2013 1-Hour Ozone Plan 

includes reasonably available control measures; 

WHEREAS, consistent with sections 172(c)(2) and 182 (c)(2) of the Act, the 2013 1-Hour 

Ozone Plan includes a reasonable further progress (RFP) demonstration that includes 

targets until attainment; 

WHEREAS, consistent with sections 172(c)(9) and 182 (c)(9) of the Act, the 2013 

1-Hour Ozone Plan includes contingency measures that provide extra emissions 

reductions that go into effect without further regulatory action if the area fails to make 

RFP or attain on time; 

WHEREAS, consistent with section 182(e)(3) of the Act, the 2013 1-Hour Ozone Plan 

satisfies the requirements for clean fuels/clean technologies for boilers; 
Resolution 13-45 4 

WHEREAS, consistent with section 182(d)(1)(A) of the Act, the 2013 1-Hour Ozone 

Plan satisfies the requirements for the vehicle miles traveled provisions for both the 1-

hour and 8-hour ozone standards; 

WHEREAS, federal law, set forth in section 11 0(1) of the Act and Title 40, Code of 

Federal Regulations (CPR), section 51-.102, requires tl:iatone or more_ public hearings, ... 

preceded by at least 30 days notice and opportunity for public review, must be 

conducted prior to adopting and submitting any SIP revision to U.S. EPA; 

WHEREAS, the District made the 2013 1-Hour Ozone Plan available for public review at 

least 30 days before a public hearing held on September 19, 2013; 

WHEREAS, the District determined that the 2013 1-Hour Ozone Plan is exempt from 

the California Environmental Quality Act pursuant to California Code of Regulations, title 

-14, section 15061(b)(3) (no possibility of a significant adverse effect on the 

environment); 

WHEREAS, on September 19, 2013, the District Governing Board adopted the 

2013 1-Hour Ozone Plan; 

WHEREAS, on September 25, 2013, the District transmitted the 2013 1-Hour Ozone 

Plan to ARB as a SIP revision, along with proof of public notice publication and 

environmental documentation in accordance with State and federal law; and 

WHEREAS, the Board finds that: 

1. Adopted regulations will provide the emission reductions needed to meet the 1-

hour ozone NAAQS by 2017; 

2. NOx and VOC emissions in the San Joaquin Valley are projected to decline 

through 2017 and continue to decline thereafter due to adopted State, federal, 

and local controls; and 

3. The 2013 1-Hour Ozone Plan meets all applicable Clean Air Act planning 

requirements. 

NOW, THEREFORE, BE IT RESOLVED that the Board hereby approves the 2013 

1-Hour Ozone Plan as a revision to the California SIP. · 

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

forward the 2013 1-Hour Ozone Plan as adopted by the District to U.S. EPA for 

inclusion in the SIP to be effective, for purposes of federal law, upon approval by 

U.S. EPA. 
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,Resolution 13-45 5 

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

the 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, ocadditions that may be 

necessary to secure U.S. EPA approval. 

BE IT FURTHER RESOLVED thatthe Board hereby certifies pursuant to 

40 CFR, section 51.102 that the District 2013 1-Hour Ozone Plan was adopted after 

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

I hereby certify that the above is a true and 

correct copy of Resolution 13-45, as adopted 

by the Air Resources Board.