State ofCalifornia AIR RESOURCES BOARD SAN JOAQUIN VALLEY 2013 PLAN FOR THE FEDERAL 1-HOUR OZONE STANDARD Resolution 13-45 November21, 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 setforth in federal law; WHEREAS, ARB is responsibleforpreparing the State Implementation Plan (SIP) for attaining and maintaining the National AmbientAir Quality Standards (NMQS or standard) as required bythefederal Clean AirAct (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 managementdistricts (districts) necessaryto comply with the Act; WHEREAS, section 41650 ofthe Health and Safety Code requires ARBto approve the nonattainment plan adopted by a district as part ofthe SIP unless the Board finds, after a public hearing, that the plan does not meetthe requirements ofthe Act; WHEREAS, ARB has responsibility for ensuring thatthe districts meettheir responsibilities underthe Act pursuantto sections 39002, 39500, 39602, and 41650 of the Health and Safety Code; · WHEREAS, ARB is authorized by section 39600 ofthe Health and Safety Code to do such acts as may be necessaryforthe proper execution of its powers and duties; WHEREAS, sections 39515 and 39516 ofthe 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 responsibilityfor controlling air pollution from non-vehicular sources and for adopting control measures, rules, and regulations to attain the NMOSwithin their boundaries pursuantto sections 39002, 40000, 40001, 40701, 40702, and 41650 ofthe 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 November6, 1991, the United States Environmental Protection Agency (U.S. EPA) designated the San Joaquin Valley as nonattainmentforthe 1-hourozone standard with anattainment date of November 15, 1999; WHEREAS, the San Joaquin Valley did not attain the 1-hourozone 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-hourozone standard when it promulgated a more health protective 8-hour ozone standard, but subsequent decisions bythe federal courts determined that most ofthe 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. EPAfound thatthe San Joaquin Valley failed to attain the 1-hourozone standard by November 15, 201 0; WHEREAS, on July 10, 2012, the District requested U.S. EPAto withdrawthe 2004 Plan as a revision tothe SIP; WHEREAS, on September 19, 2012, U.S. EPA proposed withdrawal of its March 8, 2010, approval ofthe 2004 Plan; WHEREAS, on October .15, 2012, ARB withdrewthe 2004 Plan, to be effective immediately upon finalization of U.S. EPA's proposal to withdraw its approval ofthe 2004 Plan; WHEREAS, on November26, 2012, U.S. EPAfinalized its proposal and withdrew approval ofthe District 2004 Plan;Resolution 13-45 

### 3 WHEREAS, on November26, 2012, following ARB's withdrawal ofthe 2004 Plan, U.S. EPAfound California had failed to submit an extreme area SIP for the 1-hourozone standard; WHEREAS, on November26, 2012, U.S. EPA also withdrew a portion of its final rule approving theDistrict's 2007 Ozone Plan related to the\lehicle milestraveled (VMT) offset demonstration for the 0.08 parts per million (ppm) 8-hour ozone standard and found California failed to submitVMT offsets forthe 0.08 ppm 8-hour ozone standard; WHEREAS, to meet its extreme area SIP obligations for 1-hourozone, the District prepared the 2013 1-Hour Ozone Plan to demonstrate attainment ofthe 1-hourozone standard by 2017; WHEREAS, to address U.S. EPA'sfinding offailure to submitVMT offsets forthe 0.08 ppm 8-hour ozone standard, the 2013 1-HourOzone Plan also includes a VMT offset demonstration for the 0.08 ppm 8-hour ozone standard pertinentto the District's 2007 Ozone Plan; WHEREAS, the District hosted a publicworkshop to present, discuss, and take comments on the 2013 1-HourOzone Plan on April 16, 2013; WHEREAS, the District Board adopted the 2013 1-Hour Ozone Plan on September 19, 2013; WHEREAS, consistentwith section 172(c)(3) ofthe Act, the 2013 1-HourOzone Plan includes a comprehensive, accurate, current inventory ofemissions data for oxides of nitrogen (NOx) and volatile organic compounds (VOC); WHEREAS, consistentwith sections 182(c)(2) and 172(a)(2) ofthe Act, the 2013 1-Hour Ozone Plan includes an attainment demonstration that shows attainment as expeditiously as practicable within the required five years; WHEREAS, consistentwith section 172(c)(1) ofthe Act, the 2013 1-HourOzone Plan includes reasonably available control measures; WHEREAS, consistentwith sections 172(c)(2) and 182 (c)(2) oftheAct, the 2013 1-Hour Ozone Plan includes a reasonable further progress (RFP) demonstration that includes targets until attainment; WHEREAS, consistentwith sections 172(c)(9) and 182 (c)(9) ofthe Act, the 2013 1-HourOzone Plan includes contingency measuresthat provide extra emissions reductions that go into effectwithoutfurther regulatory action ifthe areafails to make RFP or attain on time; WHEREAS, consistentwith section 182(e)(3) ofthe Act, the 2013 1-HourOzone Plan satisfies the requirements for clean fuels/clean technologies for boilers;Resolution 13-45 

### 4 WHEREAS, consistentwith section 182(d)(1)(A) ofthe Act, the 2013 1-HourOzone Plan satisfies the requirements for the vehicle miles traveled provisions for both the 1- hour and 8-hour ozone standards; WHEREAS, federal law, setforth in section 110(1) ofthe Act and Title 40, Code of Federal Regulations (CPR), section 51-.102,requirestl:iatone or more_public hearings,

... preceded by at least 30 days notice and opportunity for public review, must be conducted priorto 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-HourOzone Plan is exemptfrom the California Environmental QualityAct pursuantto California Code of Regulations, title -14, section 15061(b)(3) (no possibility ofa significant adverse effect on the

environment); WHEREAS, on September 19, 2013, the District Governing Board adopted the 2013 1-HourOzone Plan; WHEREAS, on September25, 2013, the District transmitted the 2013 1-HourOzone Plan to ARB as a SIP revision, along with proofofpublic notice publication and environmental documentation in accordancewith State and federal law; and WHEREAS, the Board finds that:
1. Adopted regulations will provide the emission reductions needed to meetthe 1- hourozone NAAQS by 2017;
2. NOx and VOC emissions in the San Joaquin Valley are projected to decline through 2017 and continue to declinethereafter dueto adopted State, federal, and local controls; and 3. The 2013 1-HourOzone Plan meets all applicable Clean Air Act planning requirements. NOW, THEREFORE, BE IT RESOLVED that the Board hereby approves the 2013 1-HourOzone Plan as a revision to the California SIP. · BE IT FURTHER RESOLVED thatthe Board hereby directs the Executive Officerto forward the 2013 1-Hour Ozone Plan as adopted by the Districtto U.S. EPAfor inclusion in the SIP to be effective, for purposes offederal law, upon approval by U.S. EPA.'' '' ,Resolution 13-45 

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BE IT FURTHER RESOLVED thatthe Board directs the Executive Officerto 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 thatthe Board authorizes the Executive Officerto include in theSIP submittal any technical·corrections, clarifications, ocadditions that may be necessary to secure U.S. EPA approval.
BE IT FURTHER RESOLVED thatthe Board hereby certifies pursuantto 40 CFR, section 51.102 that the District 2013 1-HourOzone Plan was adopted after notice and public hearing as required by 40 CFR, section 51.102. I hereby certifythatthe above is a true and correct copy of Resolution 13-45, as adopted by the Air Resources Board.