ENCLOSURE 1

CALIFORNIA INFRASTRUCTURE SIP[This page intentionally blank]

## CALIFORNIA INFRASTRUCTURE SIP

Report Release Date: December 23, 2013

Public Hearing Date: January 23, 2014[This page intentionally blank]i TABLE OF CONTENTS

Introduction

............................................................................................................... 1
Emission Limits and Other Cont rol Measures (§110(a)(2)(A))

............................... 5 Ambient Air Quality Monitoring/Data System (§110(a)(2)(B))

................................ 8 On-Going Moni toring Requ irement s ....................................................................... 9

New Federal M onitoring Requ irements .................................................................. 10

Lead Monito ring ................................................................................................ 10 Nitrogen Diox ide Monito ring ............................................................................. 10

Fine Particulat e Matter M onitori ng .................................................................... 12
Sulfur Dio xide Moni toring ................................................................................. 12 Programs for Enforcement, PSD, and NSR (§110(a)(2)(C))

.................................... 13 Enforcement of Stationary Source Contro l Measur es ............................................ 13
PSD and NSR Permi tting Progr ams ...................................................................... 13
PSD Pe rmitting Pr ograms ................................................................................ 14
Minor NS R Permitting Programs ...................................................................... 16

Interstate and International Tran sport Provisions (§110(a)(2)(D))

......................... 17 Significant Contribution to Nonattainment (Prong 1) and

Interference with Ma intenance (P rong 2) .......................................................... 18 Interference with PSD (P rong 3) and Interference with

Visibi lity Protection (Prong 4)

............................................................................ 19 Adequate Personnel, Funding, Authorit y, Conflict of Interest, and Board Composit ion (§110(a)(2)(E))

..................................................................... 20 Legal Authority, Funding, and Personnel ............................................................... 20 Compliance with CAA Section 128

......................................................................... 21 Stationary Source Monitoring and Reporting (§110(a)(2)(F))

................................. 22 Monitoring Stationar y Source Em issions ................................................................ 22 Reporting Stationar y Source Em issions ................................................................. 25 Correlating Stationary Source Emission Reports with Stationary S ource Emissi on Limits ................................................................... 27

Emissions Invent ory Responsib ilities ..................................................................... 28 Contingency Plans for Emerge ncy Episodes (§110(a)(2)(G))

................................ 28 Authority to Halt Pollutant Emissi ons ..................................................................... 29 Contingency Plans for Emergency Episodes ......................................................... 29
Su lfur Oxides .................................................................................................... 32 Nitrogen Di oxide ............................................................................................... 32
Oz one ............................................................................................................... 33

Lead ................................................................................................................. 34

Fine Particulat e Matter ..................................................................................... 34 Future SIP Revisions (§110(a)(2)(H))

........................................................................ 35
Consultation with Government Offi cials, Public Notification, PSD, and Visibility Protection (§110(a)(2)(J))

..................................................... 36
Consul tation ........................................................................................................... 36

Public No tification .................................................................................................. 41 PSD and Visibility Protection

.................................................................................. 41 Air Quality Modeling/Data (§110(a)(2)(K))

................................................................ 42 Permitting Fees (§110(a)(2)(L))

................................................................................. 43 Consultation/Participation by Aff ected Local Entities (§110(a)(2)(M))

.................. 45ii ATTACHMENT 1: RELEVANT CALIFORNIA HEALTH AND SAFETY CODE

SECTIONS INCLUDED FOR INFORMATION ONLY AND

NOT TO BE INCLUDED IN CALIFORNIA’S STATE

IMPLEMENTATION PLAN

Health and Safety Code Section 39002. Agencies responsible for pollution control A1-1 Health and Safety Code Section 39602. Designated air pollution control agency; Compliance with feder al law ............................................................................... A1-1 Health and Safety Code Section 39602.5(a). A doption of rules and regulations ...... A1-1 Health and Safety Code Section 39607(a). Gat hering air pollution information ....... A1-2 Health and Safety Code Section 39607(c) . Gathering air pollution information ........ A1-2 Health and Safety Code Section 40000. Legislative finding and declaration ............ A1-2 Health and Safety Code Section 40001( a). Rules and regula tions .......................... A1-2 Health and Safety Code Section 4 0718. Pollutant ma ps .......................................... A1-2 Health and Safety Code Section 40725. Notice of public hearing ............................ A1-2 Health and Safety Code Secti on 41311. Fees .......................................................... A1-3 Health and Safety Code Section 41509. Scope of divi sion ...................................... A1-4 Health and Safety Code Section 41510. Right of entry for ins pection ...................... A1-5 Health and Safety Code Section 4151 1. Rules and regulat ions ............................... A1-5 Health and Safety Code Section 41650. Adop tion of nonattainment area plan ........ A1-5 Health and Safety Code Section 41651. Hearing; Evid ence .................................... A1-6 Health and Safety Code Section 4 1652. Revision of plan ........................................ A1-6 Health and Safety Code Section 41700. Prohibited disch arges ............................... A1-6 Health and Safety Code Section 41712(b). R egulations to control volatile organic compounds in consum er products ......................................................... A1-6 Health and Safety Code Section 42400. Crim inal penalty for viol ations ................... A1-7 Health and Safety Code Section 42400. 1. Negligent emission of air contaminants; Operation of source of contaminants which causes actual injury; Criminal s anctions .................................................................................... A1-7 Health and Safety Code Section 42400.2. Failure to take corrective actions;

Criminal sanctions ............................................................................................... A1-8 Health and Safety Code Section 42400.3. Willf ul and intentional emissions of air contaminant; P enalties ................................................................................... A1-8 Health and Safety Code Section 42400.3.5. Knowing violations; Penalties ............. A1-9 Health and Safety Code Section 42400.4. Knowing violation of federally enforceable permit condition, fee, or filing require ment ...................................... A1-10 Health and Safety Code Section 42400.5. Cost of putting out unauthorized fires .... A1-11 Health and Safety Code Section 42400. 6. Imposition of fine ................................... A1-11 Health and Safety Code Section 42400.7. Ef fect of recovery of civil penalties; Injunction ............................................................................................................ A1-11 Health and Safety Code Section 42400.8. Determination of amount of fine ............. A1-11 Health and Safety Code Section 42401. Violat ion of abatement order; Civil penalty A1-12 Health and Safety Code Section 42402. Violation of emission limitations; Civil penalt y ........................................................................................................ A1-12 Health and Safety Code Section 42402.1. N egligent emission of air contaminants; Operation of source of contaminants which cause actual injury; Civil penalties .. A1-13 Health and Safety Code Section 42402.2. Failure to take corrective actions; Civil penaltie s ...................................................................................................... A1-13iii Health and Safety Code Section 42402.3. Willful and intentional emission of air contaminant; Penalty ..................................................................................... A1-13 Health and Safety Code Section 42402.4. Penalty for knowing falsification

of document ........................................................................................................ A1-14 Health and Safety Code Section 42402.5. Ad ministrative civil penalties .................. A1-14 Health and Safety Code Section 42403. Civil actions; Determination of penalty ...... A1-14 Health and Safety Code Section 42403. 5. Discharge from idling engine of diesel-powered bus ............................................................................................. A1-15 Health and Safety Code Section 42404. Civil actions; Pr ecedence ......................... A1-15 Health and Safety Code Section 42404.5. Co mmencement of limitation period ...... A1-15 Health and Safety Code Section 42405. Payment of pe nalty ................................... A1-16 Health and Safety Code Section 42405.1. Rewards for informants .......................... A1-16 Health and Safety Code Section 42405.5. Reimbursement of government agency for cost and expenses incurred in prep aring and prosecuting case ........ A1-17 Health and Safety Code Section 42406. Lien on ve ssel........................................... A1-17 Health and Safety Code Section 4 2407. Scope of ar ticle ......................................... A1-18 Health and Safety Code Section 42408. Tampering with air pollution monitoring equipm ent ......................................................................................... A1-18 Health and Safety Code Section 42409. Li st of potential viol ations ......................... A1-18 Health and Safety Code Section 42410. Admi nistrative penalty as alternative to civil penalty; Limitations; Construction of section; Report to Governor and Legislature .......................................................................................................... A1-18 Health and Safety Code Section 42450. Issuanc e by district board; Hearing .......... A1-20 Health and Safety Code Section 42450.1. Application of article ............................... A1-20 Health and Safety Code Section 42451. Issuance by hearing board; Stipulated

orders .................................................................................................................. A1-20 Health and Safety Code Section 42452. Form of or der ............................................ A1-21 Health and Safety Code Section 42453. In junction against viol ations ...................... A1-21 Health and Safety Code Section 42454. Injunction procee dings .............................. A1-21

ATTACHMENT 2: CALIFORNIA GOVE RNMENT CODE AND CALIFORNIA

CODE OF REGULATIONS SECTIONS SUBMTTED FOR

APPROVAL AS PART OF CALIFORNIA’S STATE

IMPLEMENTATION PLAN

Government Code Sect ion 8204 8 ............................................................................ A2-1

Government Code Sect ion 8710 3 ............................................................................ A2-1

Government Code Sect ion 8730 2 ............................................................................ A2-2 California Code of Regulations, Title 2, section 18700. Basic Rule; Guide to

Conflict of Intere st Regulations ........................................................................... A2-3 California Code of Regulations, Title 2, secti on 18701. Public Official, Definitions ... A2-5

ATTACHMENT 3: 2013 ANNUAL MONI TORING NETWORK REPORTS

INCLUDED FOR INFORMATION ONLY AND NOT TO BE

INCLUDED IN CALIFORNIA’S STATE IMPLEMENTATION

PLAN

2013 Annual Network R eports .................................................................................. A3-1iv LIST OF TABLES AND FIGURES

TABLE 1: Recent Federal St andard Adoptions / Revisions and

Infrastructure SIP Submittals ................................................................ 2 TABLE 2: Required Infr astructure SI P Elem ents ...................................................... 3 TABLE 3: Examples of California SIP-Approved Em ission Control Measures ......... 7 TABLE 4: Required California Monitors for the 2010 Federal NO 2 Standard ............ 11 TABLE 5: Required California SO 2 Monitors Based on Population Weighted

Em issions Index ................................................................................... 12
TABLE 6: California Districts with SIP-Approv ed PSD Pr ograms ............................. 15
TABLE 7: Status of District PSD Program De velopment and Approval .................... 16 TABLE 8: Summary of NO 2 Concentrations Measured at Sites Located

Within 65 Kilometers of the Califo rnia Border ....................................... 18 TABLE 9: Examples of Rules R equiring Continuous St ationary Source

Emissi ons Moni toring ........................................................................... 24 TABLE 10: Examples of Rules Gove rning Stationary Source Emission Reporting Requirements

....................................................................... 26
TABLE 11: General Area Included in Ca lifornia Intrastate Air Quality

C ontrol R egions .................................................................................... 30
TABLE 12: Threshold Concentrations for Priority I and II Areas and

Si gnificant Ha rm Levels ........................................................................ 31 TABLE 13: New and (Original) Priority Classifications by Pollutant for Emergen cy Episode Plan Requirem ents ......................................... 32 TABLE 14: SIP-Approved Emer gency Episode Plans for the Metropolitan Los Angeles and San Joaquin Valley IAQCRs ................. 34
TABLE 15: California Distric ts and Jurisdic tional Area ............................................... 37 TABLE 16: Sampling of Stak eholders Consulted During

SI P Development Process .................................................................... 38
TABLE 17: California District Title V Rules and Permit F ee Information ..................... 44

FIGURE 1: California Metropolitan Planning Organizations (MPOs) and Regional Transporta tion Planning Agenc ies (RTPAs) ........................... 391 INTRODUCTION

Each time the United States Environmental Protection Agency (U.S. EPA) adopts a new National Ambient Air Quality Standard (f ederal standard or standard) or revises an existing standard, the federal Clean Air Act (C AA) requires states to develop and submit an Infrastructure State Implementation Plan (SIP). An Infrastructure SIP is

administrative in nature and describes the aut horities, resources, and programs a state has in place to implement, maintain, and enfor ce the federal standards. It does not contain any proposals for emission control measures.

The overarching framework or infrastructure for California’s air quality programs is well established. As the air pollution contro l agency responsible for all purposes set forth in federal law (California Health and Safe ty Code (H&SC) Section 39602), the Air Resources Board (ARB) submitted California’s first Infrastructure SIP in response to the CAA of 1970. U.S. EPA approved this submittal in 1979 (40 Code of Federal Regulations (CFR) 52.220). ARB has submitt ed several Infrastructure SIP revisions since that time, in response to new or revi sed federal standards. These revisions build on previous Infrastructure SIP submittals. When U.S. EPA approves an Infrastructure SIP revision, it becomes part of the overall statewide SIP.

Table 1 summarizes the federal standards t hat U.S. EPA most recently adopted or revised. As shown in Table 1, ARB previous ly submitted Infrastructure SIP revisions to comply with changes to the 1997 ozone standard, 1997 fine particulate matter (PM 2.5 ) standard, 2008 lead standard, and 2010 nitrogen dioxide (NO 2 ) standard. U.S. EPA has not yet acted fully on any of these submittals . In addition, ARB subm itted a certification

letter for the 2006 PM 2.5 standard infrastructure requirements.

The Infrastructure SIP revision documented here, along with suppo rting Attachments 1 through 3, provides additional informati on and clarification of ARB’s previous

Infrastructure SIP submittals . In addition, it addresses a ll infrastructure requirements

for the 2008 federal ozone st andard, the 2006 and 2012 PM 2.5 standards, and the 2010 federal sulfur dioxide (SO 2 ) standard. ARB acknowledges there may be some overlap

between this Infrastructure SIP revision and the previous Infr astructure SIP submittals. In such cases, the information in this In frastructure SIP revision supersedes those previous submittals. Furthermore, because mo st infrastructure elements are general in nature, many parts of this current revision wi ll be relevant to any future new or revised

federal standards.2 TABLE 1 Recent Federal Standard Adoptions / Revisi ons and Infrastructure SIP Submittals*

Pollutant Year

Standard

Revised Standard Level Averaging Time Date ARB Submitted

Infrastructure SIP

Revision

Ozone 1997 0.08 ppm 8-hour November 16, 2007 2008 0.075 ppm 8-hour No submittal**

PM 2.5 1997 65 μg/m 3 24-hour November 16, 2007 and July 7, 2009 15 μg/m 3 Annual

2006 35 μg/m 3 24-hour July 7, 2009 15 μg/m 3 Annual

2012 35 μg/m 3 24-hour No submittal 12 μg/m 3 Annual Lead 2008 0.15 μg/m 3 Rolling 3-month October 6, 2011

NO 2 2010 100 ppb 1-hour December 12, 2012 0.053 ppm Annual

SO 2 2010 75 ppb 1-hour No submittal

* PM 2.5

= fine particulate matter; NO 2 = nitrogen dioxide; SO 2 = sulfur dioxide; ppm = parts per million; μg/m 3 = micrograms per cubic meter; ppb = parts per billion. ** March 12, 2011, was the initial due date for stat es to submit an Infrastructure SIP for the 2008 ozone standard. However, in light of on-going lit igation, a number of stat es, including California, did not meet this deadline. In response to furt her litigation, U.S. EPA made failure to submit findings on January 4, 2013. These findings st arted a 24-month clock, setting a new submittal date of January 4, 2015.

CAA Section 110(a)(2) lists the specific elements that must be addressed in an Infrastructure SIP, with exceptions for several elements identified in CAA Section 110(a)(2). In particular, this revision does not address the portion of Section 110(a)(2)(C) that applies to a permi tting program for nonattainment new source review within nonattainment areas, nor does it address Section 110(a)(2)(I), which pertains to the specific requirements for attainment plans for areas designated as nonattainment. U.S. EPA interprets these requirements to be outside the scope of the Infrastructure SIP. Furthermore, the CAA provides separate statutory schedules for submitting planning requirements for areas designated as nonattainment. This

Infrastructure SIP submittal also does not address CAA Section 110(a)(2)(D)(i)(I), which deals with transport. Under the District of Columbia Circuit Court’s opinion in EME Homer City Generation v. EPA , states do not need to address this infrastructure

element until U.S. EPA quantifies each state’s tr ansport obligation (see EME Homer City Generation, L.P. v. EPA, 696 F .3d 7 (D.C. Cir. 2012), cert. granted

, 2013 U.S. Lexis 4801 (2013)). Table 2 lists the page number of this document where each relevant

infrastructure element is addressed.3 TABLE 2 Required Infrastructure SIP Elements*

Infrastructure SIP Element Clean Air Act Requirement Page Number

of Element Description

Emission Limits and Other Control Measures §110(a)(2)(A) Page 5

Ambient Air Quality Monitoring/Da ta System §110(a)(2)(B) Page 8

Programs for Enforcement, PSD, and NSR §110(a)(2)(C) Page 13

Interstate and International Transport

Provisions §110(a)(2)(D) Page 17

Adequate Personnel, Funding, Authority, Conflict of Interest, and Board Composition §110(a)(2)(E) Page 20

Stationary Source Monitoring an d Reporting §110(a)(2)(F) Page 22

Contingency Plans for Emergen cy Episodes §110(a)(2)(G) Page 28

Future SIP Revisions §110(a)(2)(H) Page 35

Consultation with Government Officials, Public Notification, PSD, and Visibility Protection §110(a)(2)(J) Page 36

Air Quality Modeling/Data §110(a)(2)(K) Page 42

Permitting Fees §110(a)(2)(L) Page 43

Consultation/Participation by Affected

Local Entities §110(a)(2)(M) Page 45

* Note that states are not r equired to address elements in CAA Sections 110(a)(2)(D)(i)(I) and 110(a)(2)(I) in the Infrastructure SIP. CAA Se ction 110(a)(2)(D)(i)(I) deals with transport, and under the District of Columbia Circuit Court’s opin ion in EME Homer City Generation v. EPA, this

infrastructure element does not need to be addres sed until after U.S. EPA quantifies each state’s obligation. CAA Section 110(a)(2)(I) is specific to nonattainment areas, and as U.S. EPA interprets the Clean Air Act, SIPs incorporating any necess ary local nonattainment area controls are not due within three years of promulgation of the federal st andard, but rather are due at the same time as the nonattainment area planning requirements (75 FR 6474).4 [This page intentionally blank]5 Emission Limits and Other Control M easures [CAA Section 110(a)(2)(A)]

This section of the CAA requires stat es to establish control measures and programs that limit emissions.

ARB and local air pollution control districts and air quality management districts (local districts or districts) have a longstanding history of developi ng, implementing, and enforcing measures and programs aimed at controlling emissi ons. Over time, these measures and programs have resulted in si gnificant air quality improvements, and current monitoring data show that statewi de air quality meets t he standards U.S. EPA has adopted for NO 2 , SO 2 , and carbon monoxide (CO). The remaining federal standards are still exceeded in some parts of the State, but with continued enforcement of existing control measures and t he development and implementation of new measures, California will continue moving to ward the goal of attaining and maintaining all federal standards, statewide.

Discussion

California H&SC Section 39002 divides emissi on control activities into vehicular and

non-vehicular sectors. ARB has authorit y to adopt and implement mobile source controls. This authority extends to both on- road and off-road mobile sources, as well as to the fuels that power t hem (H&SC Section 39602.5). ARB also has authority to regulate consumer products, under H&SC Section 41712(b). In contrast, local districts have authority to adopt and implement statio nary source controls. The stringency of these district rules can vary, depending on the nature and severity of the local air pollution problem. If a district fails to meet its responsibilities, ARB is authorized to act in its stead. Over time, California has implemented one of the most comprehensive and stringent emission control programs in the world. These controls limit the emission of all pollutants and their precursors subject to federal standards, and they reflect the effective air quality partnership that ex ists at the State and local levels.

Over the last several decades, ARB has dram atically tightened motor vehicle and fuel standards. New cars are now 99 percent cl eaner than their uncontrolled counterparts, while trucks are 98 percent cleaner. In additi on, California has implemented a number of programs to reduce emissions from mobile sources already in use – the legacy fleet. For example, the Smog Check program ensur es that passenger vehicles stay clean as they age and that on-board diagnostic system s identify smog cont rol problems. Heavy-duty truck inspection programs hel p control smoke emissions and detect emission control mal-maintenance and tamperi ng. Over the last decade, ARB adopted more than 20 in-use vehicle regulations. California has also drastically lowered emission standards for off-road sources, such as lawn and garden equipment, recreational vehicles and boats, and construction equipment.6 In addition to regulating sources that fall under State control, ARB has worked closely with U.S. EPA to regulate em issions where authority is sp lit between California and the federal government. These efforts have impact ed emissions from large diesel, gasoline, and liquid petroleum gas equipment. Requirement s to use cleaner low-sulfur diesel fuel for near-shore ships is providing important emission benefits in California, and new locomotive engines are now 50 to 60 percent cleaner.

California’s 35 local districts have primary aut hority to control emissi ons from stationary

sources and small local businesses. Thes e controls are generally implemented through a combination of prohibitory rules that set emi ssions limits by facilit y type, facility permits that specify equipment use and other operating parameters, and a New Source Review program designed to accommodate industrial growth while mitigating environmental impacts. Many district rules reflect est ablished emission control technologies, while

others reflect some of the newest and state of the art technologies. In combination, district rules cover a wide range of sources in cluding refineries, manufacturing facilities, cement plants, refinishing operations, el ectrical generation and biomass facilities, boilers, and generators. Furthermore, Califor nia district rules are among the most stringent in the nation. For example, t he South Coast Air Quality Management District (AQMD) adopted Rule 1420.1, defining lead emission standards for large lead-acid battery recycling facilities. U.S. EPA cited this rule as an example of an effective lead emission control strategy in its Ma rch 2012 guidance document on developing Reasonably Available Control Measures for lead sources. 1 South Coast AQMD continues to refine and strengthen Rule 1420.1 to better protect public health.

Table 3 provides a sampling of the wide ra nge of statewide and district rules adopted over the years and submitted as part of California’s SIP. The information provided includes a brief description of the rule, the pollutant or precursor emissions controlled, the rule number, and a citation for the Federal Register approval notice. A number of the measures listed are pollutant-specific, while others target multiple pollutants, thus maximizing the cost-benefit. The rules list ed in Table 3 demonstrate actions taken by the State and districts to adopt and implemen t the control measures needed to attain and maintain the federal standards, as authorized in the H&SC. A list of ARB and

district rules included in California’s SIP is available on U.S. EPA’s website ( http://yosemite.epa.gov/R9/r9sips.nsf/Cas ips?readform&count=100&state=California ).

1 Implementation of the 2008 Lead National Ambient Air Quality Standards Guide to Developing Reasonably Available Control Measures (RACM) for Controlling Lead Emissions, March 2012,

EPA-457/R-12-001.7 TABLE 3 Examples of California SIP-Appr oved Emission Control Measures

Rule Description Pollutant or

Precursor

Emission

Controlled* Rule / Regulation

Number** Federal Register

Citation

Exhaust Emissions Standards and Test Procedures - 1985 & Subsequent Model Heavy-Duty Engines and Vehicles HC, NO

x , PM, CO State Regulation

13 CCR 1956.8 75 FR 26653

Exhaust Emissions Standards and Test Procedures - 2004 & Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles HC, NO

x , PM, CO State Regulation

13 CCR 1961 75 FR 26653

California Reformulated Gasoline Regulations HC, SO

x State Regulation

13 CCR 2250-2297 60 FR 43379,

75 FR 26653

Lead in Gasoline Lead State Regulation

13 CCR 2253.4 75 FR 26653

Sulfur Content of Diesel SO

x State Regulation

13 CCR 2281 75 FR 26653

Consumer Products VOC State Regulation 17 CCR Subchapter 8.5

Article 2 77 FR 7535

Emissions Standard for Lead from Large

Lead-Acid Battery Recycling Facilities Lead South Coast AQMD

Rule 1420.1 78 FR 5305

Open Burning PM South Coast AQMD

Rule 444 67 FR 16644

Crude Oil Production Sumps HC San Joaquin Valley

APCD Rule 4402 77 FR 64227

Agricultural Sources PM San Joaquin Valley

APCD Rule 8081 71 FR 8461

Portland Cement Kilns NO

x Mojave Desert AQMD

Rule 1161 68 FR 9015

Fugitive Dust Control PM Mojave Desert AQMD

Rule 403.1 74 FR 40750

Transfer of Gasoline into Vehicle Fuel

Tanks HC Sacramento Metro
AQMD Rule 449 78 FR 898

Agricultural Burning PM Sacramento Metro
AQMD Rule 501 49 FR 47490

Sulfur Dioxide SO 2 Bay Area AQMD

Rule 9-01 64 FR 30396

 HC = hydrocarbons; NO

x = oxides of nitrogen; PM = particulate matter; CO = carbon monoxide; SO

x = oxides of sulfur; VOC = volatile organic compounds; SO 2 = sulfur dioxide.

** CCR = California Code of Regulations; AQMD = Air Q uality Management District; APCD = Air Pollution Control

District.8 Ambient Air Quality Monitoring/Data System [CAA Section 110(a)(2)(B)]

This section of the CAA requires states to monitor, compile, and analyze ambient pollutant concentrations and provide t he data to U.S. EPA.

California’s air monitoring program began during the 1960s and over the last five decades, has developed into one of the lar gest and most comprehensive programs in the world. In most cases, California’s monitoring program far exceeds the minimum federal requirements. In addition to t he on-going program, recent changes to the

federal NO 2 and PM 2.5 standards point to the need to establish near-roadway monitoring sites to better determine the impact of moto r vehicles on local air quality. ARB and district staff are working together to identif y the best locations for the additional required monitors, so they can be deployed in a timely manner.

Discussion

Under H&SC Section 39602, ARB is designa ted as the air pollution control agency responsible for ensuring compliance with feder al law. This includes ensuring the collection of ambient air monitoring data and subsequent submittal of those data, in conformance with federal requi rements. Furthermore, Stat e law authorizes ARB to establish a program to collect air quality data and to monitor air pollutants in cooperation with the districts and other agencies (H&SC Sections 39607(a) and 39607(c)). In response to this directive, ARB, local di stricts, private cont ractors, and other government entities (for exampl e, the National Park Service) have established one of

the most extensive air monitori ng networks in the world.

A brief assessment of California’s on- going monitoring network, as well as implementation of new monitoring requirement s stemming from recent revisions to the federal lead, NO 2 , PM 2.5 , and SO 2 standards are summarized in the following subsections. Implementat ion of the new monitoring requirements for lead and NO 2 were described previously in the Infrastr ucture SIP revisions submitted for those pollutants. Thus, the current descriptions for lead and NO 2 are limited to an update of

recent activities.9 On-Going Monitoring Requirements California’s overall monitoring network co mprises more than 650 individual monitors operating at over 250 sites. In struments at these sites collect data for a variety of air pollutants and air pollutant precursors, as well as a number of meteorological parameters. Current informa tion about California’s air monitoring program, including information about individual monitoring si tes, is available on ARB’s website ( http://www.arb.ca.gov/aqd/aqmoninca.htm ). Data collected at the individual monitoring sites are compiled, analyzed, and reported to U.S. EPA’ s Air Quality System and are also available on ARB’s website ( http://www.arb.ca.gov/adam ).

Annually, per federal regulations, ARB and lo cal districts evaluat e the adequacy of the State monitoring network to meet federal monitoring requirements. A more thorough assessment is conducted every five year s. ARB prepares and submits an annual monitoring network report that covers 23 of California’s 35 districts. Each of the remaining 12 districts prepare and submit their own report. U.S. EPA uses these reports as the mechanism for approving the State’s overall monitoring program and identifying areas where monitoring can be improved. A nnual air monitoring network reports for all

areas of California are availa ble on the web. Links to t hese reports are included in

Attachment 3.

The annual monitoring network reports doc ument the existing State and Local Air Monitoring sites, National Core (NCore) mult i-pollutant monitoring stations, Chemical Speciation Network sites, Special Purpos e Monitoring sites, and Photochemical Assessment Monitoring sites operated by ARB and the districts, as well as other data providers such as the National Park Service. In addition, the reports describe proposed changes (additions, relocations, and terminations) in the ambient air monitoring network that are anticipated within an 18 month peri od following submittal of the report to

U.S. EPA.

California air quality data used for federal purposes are measured using U.S. EPA-approved methods with either Refe rence or Equivalent monitors. These monitors are subject to the quality assur ance requirements of 40 CFR 58, Appendix A

and are located at sites that meet the minimum siting requirements of 40 CFR 58, Appendix E. The resulting data are submitt ed to U.S. EPA’s Air Quality System in accordance with the schedule prescribed by U.S. EPA in 40 CFR 58.

California has more than 30 Core Based Stat istical Areas (CBSA), and overall, the State ambient air monitoring network is generally adequate. Howe ver, because of recent changes to the monitoring network in the Bakersfield CBSA, ARB and the San Joaquin Valley Air Pollution Control District (APCD) are engaged in on-going work to assess the monitoring needs in this part of the San Joaquin Valley.10 New Federal Monitoring Requirements Lead Monitoring: Implementation of monitori ng requirements adopted with the

2008 lead standard was described in ARB’s October 6, 2011, Infrastructure SIP submittal ( http://www.arb.ca.gov/planni ng/sip/infrasip /lead_infsip.pdf ). At that time, deployment of a lead monitor at the Sacr amento-Del Paso Manor NCore site was pending. A lo-vol sampler has since been deployed at the site, and lead data are available, starting April 1, 2012.

The October 6, 2011, Infrastructure SIP s ubmittal also described the five California airports that would participate in a 12-month pilot program to monitor lead concentrations near general aviation airports where leaded aviation gas could cause

elevated concentrations. Data collected at these airports show lead concentrations above the federal three-month average standar d of 0.15 micrograms per cubic meter (μg/m 3 ) at two locations: San Carlos Airport (0.33 μg/m 3 ) and McClellan-Palomar Airport (0.17 μg/m 3 ). Concentrations at the remain ing three airports are below the standard. However, consistent with U.S. EPA requirements, any California airport site measuring a three-month average lead concentra tion greater than half the level of the federal standard will continue monitoring for lead after the pilot program ends.

Nitrogen Dioxide Monitoring: Implementation of moni toring requirements adopted with

the 2010 NO 2 standard was described in ARB’s Dece mber 12, 2012, Infrastructure SIP submittal ( http://www.arb.ca.gov/desig/no2isip.pdf ). ARB and the affected districts are continuing work to identify appropriate locati ons for the new near-roadway monitors. An update as to the likely location of these moni tors is provided in Table 4. The phased deployment of these near-roadway monitors begins January 2014, and extends through January 2017 (78 FR 16184). In addition to the near-roadway monitors, the revised

NO 2 standard also requires U.S. EPA to collaborat e with states to identify a subset of at

least 40 NO 2 monitors nationwide, to help protect communities that are susceptible and

vulnerable to NO 2 -related health impacts. Seven of these 40 sites have been identified for California. They include sites in Bake rsfield, Long Beach, Los Angeles, Oakland, Parlier, San Bernardino, and S an Diego. Tentative sites are identified in Parlier and Bakersfield, while the remaining fi ve sites are currently deployed.11TABLE 4Required California Monitors for the 2010 Federal NO2StandardDistrict*Core BasedStatistical AreaCounties IncludedCity LocationNear-RoadMonitor**Area-WideMonitor***Bay Area AQMDSan Francisco-OaklandFremontAlameda, Contra Costa,San Francisco, San Mateo,MarinOakland,Berkeley2 1San Jose-SunnyvaleSanta ClaraSanta Clara San Jose 1 1Sacramento Metropolitan AQMDSacramento-Arden Arcade-RosevilleSacramento, Placer Sacramento 1 1San Diego County APCDSan Diego-Carlsbad-San MarcosSan Diego San Diego 2 1San Joaquin Valley APCDBakersfield Kern Bakersfield 1 not requiredFresno Fresno Fresno 1 not requiredModesto Stanislaus not identified 1 not requiredStockton San Joaquin not identified 1 not requiredSouth Coast AQMDLos Angeles-Long BeachSanta AnaLos Angeles, OrangeAnaheim,Diamond Bar2 1Riverside-San BernardinoOntarioRiverside, San BernardinoFontana,Ontario2 1Ventura County APCDOxnard-Thousand Oaks-VenturaVentura Thousand Oaks 1 not requiredAQMD = Air Quality Management District; APCD = Air Pollution Control District.**The estimated number of near-roadway monitorsis based on conditions specified in the NO2final rule using 2008 Census Bureau data and datafrom the 2007 Highway Performance Monitoring System maintained bythe U.S. Department of Transportation Federal Highway Administration.The number of required monitors may not reflect current conditions.***The estimated number of area-wide monitors is based on 2008 data.A sufficient number of area-wide monitors already operate aspart of thelong-term statewide NO2monitoring network. Thus, no new monitors are needed.12 Fine Particulate Matter Monitoring: The 2012 PM 2.5 standard includes a new requirement for near-roadway PM 2.5 monitors. A small num ber of monitors will be required near heavily traveled roads in CBSAs with a population of 1, 000,000 or more. To meet this requirement, U.S. EPA anticip ates relocating existi ng monitors to the selected near-roadway locations over a two- year period, beginning in 2015. ARB and

the local districts will work with U.S. EPA to determine the appropriate locations. In addition to the near-roadway monitors , federal regulations require PM 2.5 monitors at all NCore sites and, depending on the severity of the PM 2.5 problem, require one or more monitors in CBSAs with a population of at l east 50,000. Currently, California meets or exceeds the minimum requirements for PM 2.5 monitors at NCore sites and in CBSAs with a population of 50, 000 or more.

Sulfur Dioxide Monitoring: The 2010 SO 2 standard includes requirements for several types of monitors. First, SO 2 monitors are required at NCore sites. California has a total of seven NCore sites (six urban sites and one rural site), and SO 2 monitors are currently operating at all seven. The second type of SO 2 monitor is based on a Population Weighted Emissions Index (PWEI) calculated for each CBSA. The PWEI is calculated by multiplying the CBSA population by the CBSA SO 2 emissions and dividing the result by one million. Three SO 2 monitors are required in CBSAs with a PWEI of 1,000,000 or more; two monitors in CBSAs with a PWEI greater than 100,000 but less than 1,000,000; and one monitor in CBSAs wit h a PWEI greater than 5,000 but less than 100,000. Table 5 summarizes the PWEI-r equired monitors for California. As shown in Table 5, the number of SO 2 monitors currently in operation exceeds the number of PWEI-requi red monitors.

TABLE 5 Required California SO 2

Monitors Based on Populati on Weighted Emissions Index

CBSA Counties in

CBSA SO 2 Emissions (tpy)* Population (2009) PWEI (million

personstpy) Required

SO 2 Monitors Existing

SO 2 Monitors

Los AngelesLong BeachSanta Ana Los Angeles, Orange 13,498 12,874,797 173,785 2 5

RiversideSan Bernardino

-Ontario Riverside,

San Bernardino 2,478 4,143,113 10,266 1 4

San FranciscoOaklandFremont Alameda, Contra Costa, Marin, San Francisco,

San Mateo 12,669 4,317,853 54,702 1 9

 tpy = tons per year; PWEI = Population Weighted Emissions Index.13 Finally, although U.S. EPA has not yet finalized SO 2 area designations, the agency has indicated that additional monitoring or m odeling may be needed to evaluate near-source impacts. U.S. EPA expects to issue a rule in the next year to define these requirements.

ARB and districts will collaborate with U.S. EPA in siting additional monitors, if any are required in California.

Programs for Enforcement, PSD, and NSR [CAA Section 110(a)(2)(C)]

This section of the CAA contains thr ee requirements. First, it requires states to enforce stationary source c ontrol measures. Second, it requires states to issue preconstruction permits to major sources and major modifications in areas designated as attainment or unclassifiable for a federal standard (Prevention of Signific ant Deterioration (PSD) program). Finally, it requires states to regul ate new and modified minor sources and minor modifications of major source s (minor New Source Review (NSR) program).

ARB and districts have comprehensive enforcem ent programs in place that cover not only stationary sources, but m obile and area-wide sources, as well. At the local level, each of California’s 35 districts is responsib le for its own stationary source permitting programs, which comprise comprehensive se ts of applicable rules and regulations. Currently, ten districts have SIP-approved PS D programs, and three districts operate PSD programs with partial deleg ation. PSD programs in the remaining districts are administered by U.S. EPA; how ever, a number of these districts are in the process of obtaining PSD authority from U.S. EPA. In addition to PSD programs, all California districts currently administer minor NSR programs.

Discussion

Enforcement of Stationary Source Control Measures California H&SC Section 40000 gives districts the authority to control air pollution from stationary sources. This includes author ity to adopt and enforce district rules and regulations needed to achieve and maintain the federal standards. The overall stringency of district rules can vary, depending on the nature and severity of the local air pollution problem. In addition to the above author ity with respect to district rules, State law gives districts responsibility to enforce a ll applicable provisions of State and federal law (H&SC Section 40001(a)). If a district fails to meet its responsibilities, ARB is

authorized to act in its stead (H&SC Section 39002).

PSD and NSR Permitting Programs The authority given to districts under H&SC Section 40000 extends to the adoption and

enforcement of relevant PSD and minor NSR permitting programs. The type of permitting programs required for stationary s ource projects are determined by the attainment status of an area. PSD permits are required in areas t hat are designated as

attainment or unclassifiable for a federal standard. In contrast, NSR permits are generally required in areas desi gnated as nonattainment. In practice, stationary source permitting programs are quite complex, and permi ts can cover multiple pollutants, some14 of which require NSR permits and others that require PSD permits. The same source may require both types of permits, because the designation status for the different pollutants can differ within a particular area. The CAA specifies the emission thresholds that trigger the permitting r equirements. Furthermore, fo r major source NSR permits, the requirements can become increasi ngly more stringent, based on an area’s classification. For exampl e, major source NSR requirements in an extreme ozone nonattainment area can be more stringent than requirements in a moderate ozone

nonattainment area.

In addition to the above requirements, statio nary source projects with emissions below the trigger levels for PSD and NSR permits may be subject to a minor NSR permitting program. Minor NSR is int ended to prevent the construc tion of sources that would

interfere with attainment or maintenance of a federal sta ndard in an area, or would violate the control strategy in a nonattain ment area. Minor NSR permit requirements often contain conditions designed to limit a source’s emissions, in order to avoid PSD or NSR permits.

In California, major and minor NSR permits are issued by local districts, while PSD permits are issued either by local districts, U. S. EPA, or a combinati on of the two. Major NSR permit requirements are beyond the scope of the Infrastructure SIP and therefore, are not included here. They are however, in cluded as part of an area’s nonattainment

SIP.

PSD Permitting Programs: PSD permitting programs addr ess the construction or modification of stationary sources so they do not cause or contribute to a violation of federal standards. In addition, PSD programs mu st also apply to stationary sources that emit greenhouse gases (GHG), in accordance with U.S. EPA’s Tailoring Rule. PSD applies in areas designated as unclassifiable or attainment. As noted previously, all areas of California are designated as unclassifiable/attainment for NO 2 , SO 2 , and CO. Thus, PSD applies statewide for these pollutant s. PSD applies in selected areas for the remaining pollutants: ozone, PM 2.5 , and lead. U.S. EPA’s Infrastructure SIP Guidance 2

states that “... each infrastructure SIP submission ... would need to demonstrate that the air agency has a complete PSD permi tting program in place covering the requirements for all regulated pollutants, in cluding greenhouse gases ...” Currently in California, PSD programs are

(1) fully implemented by a district, (2) partially implemented by a district, or (3) wholly implemented by U.S. EPA.

Ten California districts have authority to fully implement t heir SIP-approved PSD permitting program for all relevant pollutants, thus satisfying the requirements of CAA Section 110(a)(2)(C). Table 6 lists these di stricts, along with their qualifying rules, the effective date of U.S. EPA approval, and the Federal Register approval citation. The

2 Memorandum from Stephen D. Page, Director, U.S. EP A Office of Air Quality Planning and Standards, to Regional Air Directors, U.S. EPA Regions 1-10, dated September 13, 2013; Subject: Guidance on Infrastructure State Implementation Plan (SIP) Elem ents Under Clean Air Act Sections 110(a)(1) and 110(a)(2); referred to in this document as the Infrastructure SIP Guidance.15 SIP-approved PSD programs in these distri cts also apply to GHG emissions, in accordance with U.S. EPA’s Tailoring Rule. In addition to the districts with SIP-approved PSD programs, three Califo rnia districts, the Bay Area AQMD, the San Diego County APCD, and the South Coast AQMD, operate their PSD programs with partial delegation authority. Thos e portions of their PSD pr ograms that have not been delegated are administer ed by U.S. EPA.

TABLE 6

California Districts with SIP-Approved PSD Programs

District Applicable

District Rule Delegation Status Effective

Date Federal Register

Citation*

Bay Area Air Quality Management District Rule 2.2 Partial Delegation** 03/08/11 ---

Eastern Kern Air Pollution

Control District Rule 210.4 PSD Rule in SIP 02/08/13 77 FR 73391

Imperial County Air Pollution

Control District Rule 904 PSD Rule in SIP 02/08/13 77 FR 73391

Mendocino County Air Quality Management District Rule 220 PSD Rule in SIP 08/30/85 50 FR 30942

Monterey Bay Unified

Air Pollution Control District Rule 207 PSD Rule in SIP 02/04/00 65 FR 5433

North Coast Unified Air Quality Management District Rule 220 PSD Rule in SIP 08/30/85 50 FR 30941

Northern Sonoma County

Air Pollution Control District Rule 220 PSD Rule in SIP 08/30/85 50 FR 30943

Placer County Air Pollution

Control District Rule 518 PSD Rule in SIP 02/08/13 77 FR 73391

Sacramento Metropolitan Air Quality Management District Rule 203 PSD Rule in SIP 07/20/11 76 FR 43183

San Diego County Air Pollution

Control District Rule 20.3 Source-Specific Delegation 04/23/13 ---

San Joaquin Valley

Air Pollution Control District Rule 2410 PSD Rule in SIP 11/26/12 77 FR 65305

South Coast Air Quality

Management District Reg XVII Partial Delegation**;

PSD for GHG in SIP 07/25/07;

01/09/13 --- 77 FR 73320 Yolo-Solano Air Quality

Management District Rule 3.24 PSD Rule in SIP 02/08/13 77 FR 73391

* Partial or source-speci fic delegation is done via an agreement between t he District and U.S. EPA. Thus, there is no Federal Register citation.

** The delegation does not extend to any PSD permit containi ng a Plantwide Applicability Limit or PAL. In addition, the South Coast AQMD delegation does not extend to modifica tions seeking to determine PSD applicability based on the additional calculation methodologies set forth in 40 CFR 52.21.16 PSD permitting programs in the remaining Califor nia districts are wholly administered by U.S. EPA under the provisions of a Federal Implementation Plan, or FIP. Thus, major stationary sources within these districts are subject to the federal PSD permitting requirements in 40 CFR 52.21. Although PS D permitting programs for these districts are currently administered by U.S. EPA, a number of these distri cts are at various stages in developing and submitting rules so they can implement the program locally.

The current status of these district rules is summarized in Table 7.

TABLE 7 Status of District PSD Progr am Development and Approval

District District Rule

Number Status

Antelope Valley Air Quality Management District --- Rule under development

Butte County Air Quality

Management District 1107 Adopted Rule submitted to U.S. EPA

Feather River Air Quality Management District 10.10 Adopted Rule submitted to U.S. EPA

Great Basin Unified Air Pollution

Control District 221 Adopted Rule submitted to U.S. EPA

Mojave Desert Air Quality Management District --- Rule under development

San Luis Obispo County Air

Pollution Control District 220 Submitted Rule returned to District

for revision Santa Barbara County Air Pollution

Control District 810 Adopted Rule awaiting submittal

to U.S. EPA Ventura County Air Pollution

Control District 26.1 Submitted Rule returned to District

for revision

Minor NSR Permitting Programs: Generally, NSR programs are subdivided into major NSR and minor NSR. Minor NSR permitting programs apply in areas designated as nonattainment for a federal standard, as well as in areas designated as attainment or unclassifiable. In contrast, major NSR applie s only in nonattainment areas. U.S. EPA

has determined that states do not need to address major NSR programs in their Infrastructure SIP, because they are beyond the scope of the Infrastructure SIP. However, states must include information about minor NSR programs.

The purpose of a minor NSR program is to prevent the construction of stationary

sources that would interfere with attainment or maintenanc e of a federal standard or would violate the control strategy in a nonattainment area. In contrast to PSD programs, minor NSR program s address pollutants from st ationary sources with lower emission levels than those triggering PSD. In addition, minor NSR programs often establish permit conditions that limit a source ’s emissions, in order to avoid PSD or

nonattainment area NSR.17 As mentioned previously, local districts are re sponsible for regulating stationary sources in California (H&SC Sections 39002 and 400 00). This includes responsibility for adopting and enforcing rules and regulations to achieve and maintain the federal standards in all areas affected by emission sources under their jurisdiction and for enforcing all applicable provis ions of federal law (HS& C Section 40001(a)). This responsibility extends to implementing a mi nor NSR program. Each of California’s

35 local districts administers its own mi nor NSR program. Local districts have been issuing stationary source permits since t he 1970s, and local NSR programs are at least as stringent, or more stringent, than federally required. U. S. EPA maintains a list of district minor NSR program contacts on the web ( http://www.epa.gov/nsr/live/ca.html ). In addition, ARB maintains a comprehensive listi ng of district NSR rules, also available on the web ( http://www.arb.ca.gov/nsr/dtvr.htm ). Many of t hese NSR rules are SIP-approved. Additional information about the approval status of district NSR rules is

available from U.S. EPA.

Interstate and International Transport Provisions [CAA Section 110(a)(2)(D)]

This section of the CAA prohibits the transport of pollutants from one state to another, where the pollutant could contri bute significantly to violations of a federal standard, interf ere with maintenance of a federal standard, or contribute to reduced visibility.

California has longstanding programs to r educe pollutant and precursor emissions from all types of sources as part of the statewide strategy to attain the federal standards. These programs also reduce the potential for interstate and international transport of

California emissions that would contribute to violations or interfer e with maintenance of

a federal standard in another area. In addition to nonat tainment and maintenance issues, pollutants can impact visibility. California’s approved Regional Haze SIP mitigates any potential vi sibility impacts.

Discussion

CAA Section 110(a)(2)(D) contains two subsections: (D)(i)( I) and (D)(i)(II). Subsection (D)(i)(I) addresses any emissions activity in one state that contributes significantly to nonattainment or interferes with maintenance of a federal standard in another state. These requirements are generally referred to as “Prong 1” (significant contribution to nonattainment) and “Prong 2” (interference with maintenance).

Subsection (D)(i)(II) requires SIPs to include provisions prohibiting any emissions activity in one state from interfering with meas ures required of any ot her state to prevent significant deterioration of air quality or fr om interfering with meas ures required of any other state to protect visibility. Thes e requirements are generally referred to as “Prong 3” (interference with PSD) and “Prong 4” (interference with visibility protection).18 Significant Contribution to Nonattainment (Prong 1) and Interference with Maintenance (Prong 2) As a result of litigation, the District of Columbia Circuit Court ruled in EME Homer City

Generation v. EPA that states do not need to address Prong 1 or Prong 2 until U.S. EPA quantifies each state’s transport obligation. Thus, ARB is not addressing these prongs for the following federal standards: 2008 ozone standard, 2006 and 2012 PM 2.5 standards, and 2010 SO 2 standard.

In contrast to these standards, ARB pr eviously addressed prongs 1 and 2 for the

1997 ozone standard and 1997 PM 2.5 standard in its November 16, 2007, Infrastructure

SIP submittal. U.S. EPA approved these elements on July 15, 2011 (76 FR 34872). In addition, ARB addressed prongs 1 and 2 for the 2008 lead standard in its October 6, 2011, Infrastructure SIP s ubmittal. This submittal has been deemed complete, but U.S. EPA has not yet acted on it. Because the impacts of lead are

localized and lead sources in Ca lifornia are limited, tr ansport is not an issue. Therefore, ARB will let this portion of the lead Infrastructure SIP stand.

ARB also addressed prongs 1 and 2 relative to the 2010 NO 2 standard in its December 12, 2012, Infrastructure SIP su bmittal. This submittal has been deemed complete, but U.S. EPA has not yet acted on it. The discussion in the NO 2 Infrastructure

SIP submittal focused on NO 2 concentrations within California. Since then, ARB has

evaluated NO 2 concentrations measured during 2010 through 2012 at sites located

outside of California. This evaluation focu sed on sites located within 65 kilometers of

the State borders. Concentra tions measured at the relev ant sites are summarized in Table 8. As shown in Table 8, concentrati ons at these sites do not exceed the federal

1-hour or annual NO 2 standards. This information is provided as a supplement to the

TABLE 8 Summary of NO 2 Concentrations Measured at Sites

Located Within 65 Kilometers of the California Border

State Monitoring Site* Distance

from CA

Border Year Maximum

1-Hour NO 2 (ppb)** 1-Hour NO 2 Design Value (ppb) Annual NO 2 Design Value (ppb)

Nevada Reno

301 A State Street 17

kilometers 2010 81 59 16

2011 71.1 60 17

2012 61.5 55 14

Las Vegas 1301 B East Tonopah 63

kilometers 2010 64.9 56 13

2011 69 53 13

2012 67.8 54 14

Las Vegas

6651 W Azure Avenue 63

kilometers 2010 44.4 43 6

2011 46.2 42 5

2012 45.8 42 5

 One additional site, Las Vegas-2501 Sunrise Avenue, star ted operating in November 2012; data for this site

are not listed because the statistics are not valid.

** ppb = parts per billion; federal 1-hour NO 2 standard = 100 ppb; federal annual NO 2 standard = 53 ppb.19 evaluation ARB provided for prongs 1 and 2 in the December 12, 2012, NO 2 Infrastructure SIP submittal and prov ides additional evidence that NO 2 does not represent a transport issue relative to California emissions.

Interference with PSD (Prong 3) and Interference with Visi bility Protection (Prong 4)

Previous California Infrastructure SIP submittals have also addressed Prong 3 (interference with PSD) and Prong 4 (interference with visibilit y protection). U.S. EPA approved California’s submittals addre ssing Prong 3 (76 FR 48002) and Prong 4 (76 FR 34608) for t he 1997 ozone and 1997 PM 2.5 standards. With respect to the other standards, the Infrastructure SIP Guidance indicates that Prong 3 is satisfied by SIP-approved PSD and NSR permitting program s. This is because SIP-approved PSD and NSR programs fully consider source impa cts on air quality in other states. As described in the previous section titl ed Programs for Enforcement, PSD, and NSR [CAA Section 110 (a)(2)(C)], ten Californ ia districts implement fully-approved PSD permitting programs. Three districts have partial del egation and share implementation of their PSD program with U.S. EPA, while PSD programs in the remaining districts are wholly administered by U.S. EPA under the provisions of a FIP.

In contrast to PSD, which is implemented in attainment and unclassified areas to ensure that areas with good air quality cont inue to maintain good air quality, NSR is implemented in nonattainment areas to ens ure that ambient air quality does not

deteriorate further. Each California nonat tainment district has adopted rules to implement federal NSR. Over all, these rules are as stri ngent, or more stringent, than federally required, and many of the rules have been approved as part of California’s SIP. Current information about district NSR progr ams is available on U.S. EPA’s website ( http://www.epa.gov/oar/urbanair/si pstatus/reports/ca_elembypoll.html ). Regardless of how the PSD and NSR programs ar e implemented, programs in all California districts generally meet U.S. EPA r equirements and theref ore satisfy the Pr ong 3 requirements with respect to interference with PSD in other states.

Finally, the Infrastructure SIP Guidance states that Prong 4 (inter ference with visibility protection) is satisfied wit h an approved Regional Haze SI P. U.S. EPA fully approved California’s Regional Haze SIP in June 2011 (76 FR 34608). A copy of the Regional Haze SIP is available on the ARB website ( http://www.arb.ca.gov/planning/sip/sip.htm ) and satisfies the Prong 4 requirements for ozone, PM 2.5 , NO 2 , and SO 2 . In addition, U.S. EPA approved California’s previous In frastructure SIP submittals for the 1997

ozone and 1997 PM 2.5 standards with respect to Prong 4 (76 FR 34608). Although the Regional Haze SIP does not address lead, the Infrastructure SIP Guidance states that the impacts of lead on visibility are negligible. This is discussed in more detail in ARB’s October 6, 2011, lead Infras tructure SIP submittal.

In addition to California’s responsibilities sp ecified under CAA Section 110(a)(2)(D), CAA

Section 126 allows other states to petition the Administrator for a finding that any major source or group of stationary sources emits or would emit any air pollutant in violation of CAA Section 110(a)(2)(D)(ii). No such petitions have been filed for California. Furthermore, under CAA Section 115, the U. S. EPA Administrato r may find that air pollutant(s) emitted in the United States caus e or contribute to air pollution which may20 reasonably be anticipated to endanger public health or welfare in a foreign country. The Administrator has not made any su ch findings for California.

Adequate Personnel, Funding, Authorit y, Conflict of Interest, and Board Composition [CAA S ection 110(a)(2)(E)]

This section of the CAA requires states and local districts to maintain adequate legal authority, funding, and per sonnel to implement their SIP and to comply with the conflict of interest and public interest requirements

of CAA Section 128.

A majority of ARB and district budgets go to ward meeting federal CAA mandates. Much of this funding comprises fees collected from regulated emissi on sources and dedicated to air pollution control activities. Additio nal funding comes from special program funds specifically earmarked for air quality efforts. ARB and districts have requirements in place that govern the conflict of interest and public interest requirements of CAA

Section 128.

Discussion

Legal Authority, Funding, and Personnel ARB is designated as the air pollution control agen cy that is ultimately responsible for all purposes set forth in federal law and thus, has authority to carry out all SIP-related obligations (H&SC Section 39602). This aut hority extends to implementing control activities in areas where local or regional authority fails to meets its responsibilities under State law (H&SC Section 39002).

Each year, the California State Legislature approves ARB’s funding and staff resources for carrying out CAA-related programs. Sim ilarly, each year, district governing boards approve district budgets. The annual budget process provi des a periodic update that enables ARB and the districts to adjust fundi ng and personnel needs. Although it is not legally possible for ARB and the districts to provide specific commitments relative to future-year funding, the annual budget appr opriations process undertaken by the California State Legislature enables ARB to present a request for resources required to

meet the mandates of t he CAA. These mandated pr ograms have received State funding for more than three decades, and there is consistently strong public support in California for providing clean air. Ther efore, it is reasonable to assume that implementation of CAA mandates will contin ue to be funded at an appropriate level.

Over the last several years, a majority of ARB’s budget has gone toward meeting CAA mandates. Furthermore, the majority of ARB’s budget comprises dedicated fees collected from regulated emission source s and other sources such as vehicle registration fees and vehicle license plate f ees. These funds can only be used for air pollution control activities. Districts rece ive funding from fees paid by regulated businesses, motor vehicle registration fees , State and federal grants, and other local revenue sources. Collectively, the 2009-2010 ARB and district budgets totaled $1.2 billion, with 3,422.4 full-time equivalent staff positions.21 Compliance with CAA Section 128 CAA Section 128(a) requires that SIPs contain legal requirements that any board approving permits or enforcem ent orders have a majority of members that “represent the public interest and do not derive any signif icant portion of their income from persons subject to permits or enforcement orders” and that those member s, and the heads of executive agencies with similar powers, must disclose any potential conflicts of interest.

To satisfy Section 128(a), California submit s the following California statutes and regulations for inclusion in the SIP: California Government Code Sections 82048, 87103, and 87302 and California Code of Regul ations (CCR), Title 2, sections 18700 and 18701 (refer to Attachment 2). In the aggr egate, these statutes and rules satisfy the requirements of CAA Section 128(a) as detailed below.

Under Government Code Section 82048, a “public official” is “every member, officer, employee, or consultant of a state or local government” (Government Code Section 82048(a)). CCR, Title 2, secti on 18701 explains that “member,” within the meaning of Government Code Section 82048, includes “salaried or unsalaried members of committees, boards, or commissions wi th decision making authority” who make “governmental decisions” (CCR, Title 2, section 18701(a)(1)(A)). Under this broad definition, those who approve permits or enforcement order s within California (e.g. hearing board members, local district board members, or air pollution control officers) are “public officials” under California law.

Under CCR, Title 2, section 18700, “public officials” may not “make, participate in making, or in any way use or attempt to use hi s/her official position to influence a governmental decision in which he/she knows or has reason to know he/she has a disqualifying conflict of interest” (CCR, Title 2, section 18700(a)). A conflict of interest exists if “the decision will have a reasonably foreseeable material financial effect on one or more of his/her economic interests...” ( Ibid .). Section 18700’s limitations on a public official’s actions are on-going, and a public of ficial must abide by them throughout his or her time as a public official.

Government Code Section 87103 defines a public official’s “financial interest in a

decision” as a situation where it is “reasonabl y foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on the official, [or] a member of his or her immediate family.” Se ction 87103 also provides that a public official has a financial interest in a de cision if it involves: a business or property in which they have $2,000 or more invested; any source of income amounting to $500 or more within a year; any business where they are a director, officer, trustee, employee, or manager; or any donor who ha s given them $250 or more within a year (Government Code Section 87103(a) through (e)).

A board member’s obligation to disclose poten tial conflicts of interest flows from

Government Code Section 87302. Such disclos ure is accomplished by the regular filing of a “Form 700” statement (CCR, Title 8, section 16430) of their economic interests. These statements are made public by the Califor nia Fair Political Practices Commission.22 Together, these five statutes and regulat ions function to satisfy both the board composition and conflict of interest disclos ure requirements of CA A Section 128(a).

Stationary Source Monitoring and Repor ting [CAA Section 110(a)(2)(F)]

This section of the CAA calls for st ates to require owners and operators of stationary sources to install, maintain, and replace equipment for monitoring stationary source emissions , to provide periodic reports on these emissions, and to correlate t hese reports with emission limits.

Local districts are responsible for developing stationary source emission monitoring and reporting requirements. In many cases, these monitori ng and reporting requirements are part of the source operating permi t and go beyond federal requirements.

Discussion

Districts are responsible for monitoring emis sions from stationary sources. Under the H&SC, districts must adopt and enforce rule s and regulations to achieve the federal standards and must enforce all applicable prov isions of federal law, which includes determining source-specific emissions (H&SC Sections 40001(a) and 41511). Furthermore, districts are given the right of entry for the purpose of inspecting emission sources, including securing samples of emi ssions or securing records required to be maintained (H&SC Section 41510).

The following subsections provide info rmation on monitoring stationary source emissions, reporting stationary source emi ssions, and correlating emission reports with emission limits in permits and rules. In addition to a general discussion, each subsection includes examples of applicable rules that address the requirements. The cited examples are only a sampling of the relev ant rules currently in place in California. California has 35 local districts, and eac h of these districts may have dozens of industry-specific rules that include emissi ons monitoring and report ing requirements. Although this Infrastructure SIP includes only a few examples of applicable rules, lists of SIP-approved rules implemented in each local district are available on the web. 3

Monitoring Stationary Source Emissions California districts are responsible for implementing stationary source emission monitoring requirements. The federal stationary s ource emission monitoring requirements are set forth in 40 CFR 51.212, and the emission thresholds for sources subject to the emission monitoring requi rements are specified in U.S. EPA’s Air Emissions Reporting Requirement s (AERR) Rule, which is codified in 40 CFR 51, Subpart A ( http://www.epa.gov/ttn/chie f/aerr/final_published_aerr.pdf ).

3 California’s district rules may be accessed at the District Rules Da tabase maintained on ARB’s website ( http://www.arb.ca.gov/drdb/drdb.htm ). U.S. EPA-approved versions of the rules are largely available on Region 9’s website ( http://yosemite.epa.gov/r9/r9 sips.nsf/Casips?readform&co unt=100&state=California ).23 Stationary source emissions reported under the AERR Rule include lead, oxides of nitrogen (NO
x ), PM 2.5 , SO 2 , volatile organic compounds (VOC), and ammonia. Stationary sources subject to the annual and three-year AERR Rule reporting cycles are defined in 40 CFR 51.50, based on their level of emissions. Furthermore, the specified emission levels vary by pollutant. For ex ample, the AERR Rule requires facilities emitting 2,500 tons per year (tpy) or more of NO
x to report their emissions annually, while facilities emitting fr om 100 to 2,499 tpy of NO
x report once every three years. In contrast, reporting requirements for PM 2.5 sources are much lower. Facilities emitting only 250 tpy or more of PM 2.5 must report their emissi ons annually, while facilities emitting from 100 to 249 tpy r eport once every three years.

Rules applicable in California require st ationary source owner s and operators to determine the amount of pollutants emitted by their facilities. Districts typically fulfill the stationary source monitoring requirements by adopting regulations that establish emission limits and other requirements, includi ng emission reporting, for each industrial and commercial activity that significantly contributes federal standard-relevant air pollution in a given area. This includes any source emitting pollutants at rates above the AERR Rule thresholds. Once adopted, the district rules may be submitted to U.S. EPA for approval. The rules listed in Table 9 provide some examples of U.S. EPA-approved rules that fulfill the stationary sour ce emission monitoring and reporting requirements. Some of the rule s are generally applicable to all emission sources, while others are tied to specific stationary source categories and/or emission thresholds. Many of these rules contain requirements to make the data publically available. If not specified, public availa bility is generally covered under State law. 4

The data resulting from such stationary sour ce emission monitoring rules can be used for a variety of compliance purposes, incl uding use as credible evidence to assess penalties in the event of an emissions limit violation, co nsistent with CAA Section 113(e) – Penalty Assessment Criteria.

4 California Government Code, Title 1, Division 7, Chap ter 3.5, Inspection of Public Records, Article 1, § 6254.7, subdivision (b) provides for public availability of emissions data. Under subdivision (b), "All air or other pollution monitoring data, including data co mpiled from stationary sources, are public records" ( http://leginfo.legislature.ca.gov/faces/codes_disp laySection.xhtml?lawCode=GOV§ionNum=6254.7 ).24TABLE 9Examples of Rules Requiring Continuous Stationary Source Emissions MonitoringDistrict*RuleNumberDescriptionFederalRegisterCitationBay AreaAQMDRegulation 2Rule 1-501Specifies that Continuous Emission Monitoring Systems (CEMS) required by the District to measure or analyzesource emissions or ground-level concentrations of air contaminants at stationary sources must comply with theBay Area AQMD's Manual of Procedures, Volume V,Continuous Emission Monitoring Policy and Procedures(49 FR 18822), which in turn includes requirements for equipment installation, maintenance, testing, recordretention, reporting, and notificationof violations and equipment breakdown.64 FR 3850Placer CountyAPCDRule 233Section (500) requires facilities to install, calibrate, operate, and maintain CEMS in accordance with applicablerequirements in 40 CFR Part 60, Appendices B and F for oxides of nitrogen (NOx). The rule also requiresquarterly reporting of excess emissions and monitoringsystems performance to the District’s Air PollutionControl Officer (APCO) and specifies approved emissions test methods for NOx, including calculationprocedures to correlate measured emissions with applicable emissions standards.78 FR 53249San DiegoCounty APCDRule 69.3Section (e) requires continuous monitors for the operational characteristicsof the unit and of any NOxemissionsreduction system, record retention, and that suchrecords be made available to San Diego County APCD uponrequest. Rule 69.3 also requires the performance ofannual compliance testing using ARB test method 100,which includes calculation procedures to correlate measured emissions with applicable emissions standards.62 FR 32691San DiegoCounty APCDRule 175Section (A)(2) specifies that all air or other pollutionmonitoring data, including data compiled from stationarysources, are public records.42 FR 23805Santa BarbaraCounty APCDRule 328Section (C) requires fossil fuel fired steam generators to be continuously monitored for NOx, oxygen or carbonmonoxide (CO), sulfur dioxide (SO2), and opacity, new nitric acid plants to be monitored for NOx, sulfuric acidplants to be monitored for SO2,and fluid bed catalytic cracking units to be monitored for SO2and opacity.46 FR 27116South CoastAQMDRule 1146**Requires industrial, institutional, and commercial boiler,steam generator, and process heater units greater thanor equal to 40 million British thermal units (Btu)/hour and an annual heat input greater than 200 x 109Btu/year toinstall a CEMS to monitor NOxemissions.67 FR 16640South CoastAQMDRule 1110.2** Requires CEMS for NOxand CO for certain size gaseous-fueled and liquid-fueled engines. 74 FR 18995San JoaquinValley APCDRule 4354Section (5.9) requires CEMS for NOx, CO, volatile organic compounds, and oxides of sulfur (SOx) from GlassMelting Furnaces under certain conditions. Section (6.2.3) requires the facility operator to maintain records andmake them available or submit them on request to the APCO, ARB, or U.S. EPA.78 FR 6740Yolo-SolanoAQMDRule 2.42Section (303) requires a CEMS for NOxemissions from nitric acid production facilities.Section (500) requiresthat records of NOxemissions be made available on request.75 FR 25778Bay AreaAQMDRegulation 11Rule 1-500Requires lead emission sources to provide, install, and maintain monitoring equipment. 46 FR 43968AQMD = Air Quality Management District; APCD = Air Pollution Control District.**CEMS required under Rules 1146 and 1110.2 are also subject toSouth Coast AQMD Rule 218 – Continuous Emission Monitoring and Rule 218.1 –Continuous Emission Monitoring Performance Specifications. Rule218 requires CEMS to generate the required data in the units of the applicable standardand provides that emission summaries submitted to the SouthCoast AQMD be available for public inspection (75 FR 32293).25 Reporting Stationary Source Emissions Federal requirements for stationary source emission data reporting are set forth in 40 CFR 51.211, 40 CFR 51.321, and the AERR Ru le. Stationary source owners and operators are responsible for reporting emission data to the local district, consistent with the district’s stationary source emission monitoring regulations (refer to previous discussion). Some districts have separat e stationary source emission reporting requirements, as described in t he examples cited in Table 10.

As stated previously, the examples cited in Table 10 are only a small sampling of the relevant rules currently in place in Californi a. In addition, distri cts generally have other rules incorporated into the SIP that also require emission reporting for stationary

sources. These include r equirements that are part of a permit program and are often more stringent than the AERR Rule require ments. For exampl e, the reporting requirements for the Ventura Coun ty APCD and the South Coast AQMD ( http://www.vcapcd.org/title_v.htm and http://www.aqmd.gov/titlev/WhatIsTV.html ) specify emission monitoring threshol ds of 25 tpy and 10 tpy for both NO
x and VOC for stationary sources located in all or some of the district’s area, respectively. 5 These levels are lower than those required in the AERR Rule.

5 Revisions to Ventura County APCD and South Coast AQMD Title V Programs were approved on September 5, 2012 (77 FR 54383). For Ventura Co unty APCD, see Rule 33 sections A and B.2 and Rule 33.3 section A.3. Ventura County APCD is cl assified as a "serious" ozone nonattainment area for the 1997 and 2008 8-hour standards (40 CFR 81.305). CAA Sections 182(c) and (f) define a major stationary source in serious ozone nonattainment area s as one that emits or has the potential to emit at least 50 tpy of VOC or NO

x . However, Ventura County APCD Rule 26.1 (New Source Review – Definitions), section 18 defines a major source at a more stringent level of 25 tpy of NO

x or VOC. Rule 26.1 was SIP-approved on January 11, 2010 (75 FR 1284). For South Coast AQMD, see Rule 3001 (Applicability, Title V Permits), and Rule 3004 (Permit Ty pes and Content), sections (a)(4) and (b)(2). South Coast AQMD's Title V program was originally approved on December 7, 2001 (66 FR 63503), and the latest revision was approved on September 5, 2012 (77 FR 54383).26 TABLE 10 Examples of Rules Governi ng Stationary Source Emission Reporting Requirements

District* Rule

Number Description U.S. EPA Approval

Citation

Bay Area

AQMD Regulation 2

Rule 1-429 Requires sources that emit or may emit volatile organic compounds (VOC) or oxides of nitrogen (NO

x ) and subject to the Rule to provide the District a written st atement showing actual emissions from the source. Bay Area Manual of Procedures, Volume 4 (Source Test Policy and Procedures ; 47 FR 29231), section (1.6) states that [stationary] source test records are public information, but proprietary information is not. 60 FR 16799

Santa Barbara County APCD Rule 212 Section (C) requires stationary sources subject to the Rule to provide the District with a writt en statement each year showing the actual emissions of reactive organic compounds and NO

x at the facility during the prec eding calendar year. 69 FR 29880

Santa Barbara County APCD Rule 608 Specifies that the Di strict shall make daily summaries of air monitoring data in such a form as to be understandable by the public and that the summaries shall be publically available records. This requirement applies to all pollutants. 47 FR 26618

San Diego County APCD Rule 19.3 Section (c)(3) requires stationary sources that emit 25 tons/year or

more of VOC or NO

x to submit Emissions Statement Forms to the District, annually. Under District Rule 175 (42 FR 23805), all air pollution monitoring data, including data from stationary sources, are public records. 65 FR 12472

South Coast
AQMD Rule 1420.1 Section (m) specifies that the owner or operator of a large lead-acid battery recycling facility shall keep daily records, including

documentation of the amounts of lead-containing materials processed, results of ambient air lead monitoring, housekeeping and maintenance activities, control device inspection and maintenance, and unplanned shutdowns and corrective actions. These records must be maintained for a period of five years, at least two years onsite. Section (n) contains specific public notification provisions for activities such as unplanned shutdown of

a control device and constructi on, renovation, or demolition

activities. 78 FR 5305

Yolo-Solano
AQMD Rule 3.18 Section (301) requires stationary sources that emit or may emit

VOC or NO

x and subject to the Rule to provide the District with a written statement showing actual emissions from the stationary

source. 6 Under Yolo-Solano AQMD Rule 1.1(103), all air monitoring data, including data compiled from stationary sources, are public records (69 FR 13234). 69 FR 29880

 AQMD = Air Quality Management Distric t; APCD = Air Pollution Control District.

6 The local version of Yolo-Solano AQMD Rule 3.18, adopted July 28, 1993, is Rule 3.7 (“Emission Statements”) and it retains the referenced emissi on reporting requirement under the same section number, section 301.27 Correlating Stationary Source Emi ssion Reports with Stationary Source

Emission Limits Federal requirements for correlating stati onary source emission reports with the emission limits applicable to each source are set forth in 40 CFR 51.116, while requirements for making such reports available for public inspection are specified in the AERR Rule. Emission monitoring data provide a basis for determining whether facilities meet performance standards established in va rious rules. Furthermore, emission estimates for stationary sources rely in pa rt, on accurate emission monitoring data.

California H&SC Section 41511 authorizes ARB and local districts to adopt rules and regulations requiring any emission source owner or operator to take reasonable steps to

determine the amount of emissions released from the source. This includes emissions that contribute to a violation of any feder al standard. California’s 35 districts address the requirement to correlate stationary source emission reports with stationary source emission limits through requirements embedded in their stationary source emission reporting rules and through their stationary sour ce testing, inspection, and compliance

programs.

To determine the amount of emissions coming from a particular source, districts have rules giving the Air Pollution Control Officer authority to request the installation, use, maintenance, and inspection of Continuous Emissions Monitoring Systems or CEMS equipment and to assess source compliance with applicable emission limits. These rules may include calculation procedures to correlate measured stationary source emissions with applicable stationary source emission standards. Some districts have rules that closely mirror the correlation r equirement of 40 CFR 51.116(c). Several examples of such rules are provided below . These example rules apply to all air contaminants, including pollutants with feder al standards and their precursors, and have been approved by U.S. EPA.

 Mendocino County AQMD Rule 240(e )(3) Permit to Operate – Compliance Verification (50 FR 30942) states that emission data obtained from owners or operators of stationary sources will be correlated with applicable emission

limitations and other cont rol measures and will be available to the public during normal business hours at the Distric t Office, or submitted to U.S. EPA or ARB, upon request.

 Great Basin Unified APCD Rule 215(D) Public Availability of Emission Data (42 FR 28883) specifies that emis sion data obtained from owners or operators of stationary sources will be correlated with applicable emission

limitations and other cont rol measures and will be available to the public during normal business hours at the District's office.

In addition, all districts in California have federally-approved Title V permitting programs. Title V requires all major stationary source s and some minor stationary sources of air pollution to obtain an operating permit which s pecifies all air pollution requirements that apply to the source, including emission lim its and monitoring, record keeping, and reporting requirements.28 Emissions Inventory Responsibilities ARB is responsible for compiling stationary s ource emissions data from the districts and reporting the information to U.S. EPA. In addition, ARB maintains an emissions inventory that includes VOC, NO
x , oxides of sulfur (SO
x ), PM 2.5 , lead, and ammonia emissions and comprises information for more than 14,000 stationary sources in California. The inventory exceeds federal CAA requirements, in that it includes emission data for sources that emit pollu tants at rates lower than the AERR Rule reporting thresholds. The emissions inv entory is publically available on the ARB

website ( http://www.arb.ca.gov/ei/disclaim.htm ). In addition to em issions information for stationary sources, the inventory includes em issions data for other types of sources, including mobile sources (such as cars , trucks, and ocean going vessels), area-wide sources (such as residential water heater s, residential centra l furnaces, and managed burning and disposal), and wildfires. The em issions inventory is relevant to all pollutants with federal st andards, including lead, NO 2 , ozone, PM 2.5 , and SO 2

.

Contingency Plans for Emergency Epis odes [CAA Section 110(a)(2)(G)]

This section of the CAA requires states to provide for authority comparable to that in CAA Section 303, to de velop a contingency plan for emergency episodes (emergency episode plan), and to have adequate authority to implement the emergency episode pl an in areas that meet specified

threshold concentrations.

State law grants ARB and the districts authori ty comparable to U.S. EPA’s authority to halt pollutant emissions that could cause a public health emergency or nuisance. These laws apply to a variety of emission violat ions and specify penalties equivalent to or exceeding federal penalties fo r comparable violations.

To facilitate planning efforts, including em ergency episode planning, U.S. EPA divided California into Intrastate Air Quality C ontrol Regions (IAQCR) and classified each IAQCR as Priority I, II, or III with res pect to emergency episode planning, based on threshold levels specified in the CFR. Pr iority I and II areas have specific emergency episode plan requirements that are design ed to prevent ambient concentrations from reaching specified significant ha rm levels. Priority III areas have no plan requirements.

California air quality has improved substantiall y over the last four decades and in most cases, is now much better than the emergen cy episode plan threshold levels specified in the CFR. Therefore, ARB is requesting t hat U.S. EPA reclassi fy a number of areas with respect to emergency episode plan requirem ents, based on current air quality. One exception to this request is the Great Basin Valley IAQCR, which exceeds U.S. EPA’s recommended threshold for developing a PM 2.5 emergency episode plan. The Great

Basin Unified APCD is in the process of developing a compli ant plan. After adoption, ARB will forward that plan to U.S. EPA for inclusion in California’s SIP.29 Discussion

Authority to Halt Pollutant Emissions Under CAA Section 110(a)(2)(G) , states are to provide for authority comparable to that in CAA Section 303, which gives U.S. EPA legal authority to halt the emission of air pollutants causing or contributing to injury of the public or welfare. U.S. EPA is further authorized to either bring a lawsui t in federal court or, if such civil action cannot assure prompt protection of public heal th or welfare, to issue such orders as may be necessary to protect public health, welf are, or the environment.

The authority granted to the U. S. EPA Administrator is ve sted in ARB and the districts under H&SC Section 42400, et seq. These sect ions of California law apply to a range of emissions violations and impose penalties t hat are equivalent to or exceed federal penalties for comparable violations. Thes e penalties include the imposition of fines and/or imprisonment.

As described earlier (refer to section titled Emission Limits and Other Control Measures [CAA Section 110(a)(2)(A)]), ARB is responsib le for controlling emissions from vehicular sources, while districts are responsible fo r controlling emissions from non-vehicular sources. Under H&SC Section 41700, s ources are prohibited from emitting any pollutant(s) that cause injury, detriment, nui sance, or annoyance to the public or that endanger the comfort, repose, health, or safe ty of the public. Furthermore, H&SC Section 42450, et seq., gives districts spec ific authority to abate emissions from any source violating H&SC Section 41700 or any other order, rule, or regulation that prohibits or limits the discharge of pollut ants, consistent with applicable notice and hearing requirements. Under H&SC Section 41509, ARB or other local agency rules cannot infringe upon a district’s authority to declare, prohibit, or abate a nuisance, and California’s Attorney General is authorized to enjoin any pollution or nuisance, either on his or her own, or by request.

Contingency Plans for Emergency Episodes In the early 1970s, U.S. EPA defined IAQCRs under CAA Section 197 to facilitate air quality planning and compliance with federal standards. A table summarizing the general area included in each California IAQ CR is provided in Table 11. The formal IAQCR boundary descriptions are codified in 40 CFR 81, Subpart B. After defining the IAQCRs, U.S. EPA classified the IAQCRs as Pr iority I (most severe), II, or III (least severe) for SO
x , NO 2 , and ozone, based on air quality data available at the time and using the threshold levels specified in 40 CFR 51.150 (refer to Table 12).30 TABLE 11

General Area Included in California In trastate Air Quality Control Regions

Intrastate Air Quality Control Region General Area Included* Code of Federal Regulations (CFR)

Reference

Great Basin Valley Alpine, Inyo, and Mono counties 40 CFR 81.159

Lake County Lake County 40 CFR 81.273

Lake Tahoe Lake Tahoe Air Basin portion of El Dorado and

Placer counties 40 CFR 81.275

Metropolitan Los Angeles Orange and Ventura counties; South Coast Air Basin portion of Los Angeles, Riverside, and San Bernardino counties; coastal portion of Santa Barbara County 40 CFR 81.17

Mountain Counties Amador, Calaveras, Mariposa, Nevada, Plumas, Sierra, and Tuolumne counties 40 CFR 81.274

North Central Coast Monterey, San Beni to, and Santa Cruz counties 40 CFR 81.160

North Coast Del Norte, Humboldt, Mendocino, and Trinity counties; North Coast Air Basin portion of Sonoma County 40 CFR 81.161

Northeast Plateau Lassen, Modoc, and Siskiyou counties; northeast portion of Shasta County 40 CFR 81.162

Sacramento Valley Butte, Colusa, Glenn, Sacramento, Sutter, Tehama, Yolo, and Yuba counties; southwest portion of Shasta County; Sacramento Valley Air Basin portion of Solano County 40 CFR 81.163

San Francisco Bay Area Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, and Santa Clara counties; San Francisco Bay Area Air Basin portion

of Solano and Sonoma counties 40 CFR 81.21

San Diego San Diego County 40 CFR 81.164

San Joaquin Valley Fresno, Kings, Madera, Merced, San Joaquin, Stanislaus, and Tulare counties; San Joaquin Valley Air Basin portion of Kern County 40 CFR 81.165

South Central Coast San Luis Obispo County; non-coastal portion of Santa Barbara County 40 CFR 81.166

Southeast Desert Imperial County; Mojave De sert Air Basin portion of Kern, Los Angeles, and San Bernardino counties; Mojave Desert and Salton Sea air basin portions of Riverside County 40 CFR 81.167

 Note that these descriptions are general in nature, a nd the IAQCR boundaries may not reflect current air basin

boundaries because air basin boundaries have changed over time. The reader is referred to 40 CFR 81, Subpart B for the official IAQCR boundary descriptions.31 TABLE 12 Threshold Concentrations for Priority I and II Areas and Significant Harm Levels

Pollutant Averaging Time Relevant Concentration for Averaging Time

Priority I Area

Threshold Priority II Area

Threshold Significant Harm

Level

Sulfur Oxides (measured as

SO 2 ) Annual Arithmetic Mean 0.04 ppm * 0.02 – 0.04 ppm none specified 24-Hour 0.17 ppm 0.10 – 0.17 ppm 1.0 ppm 3-Hour none specified > 0.50 ppm none specified

Nitrogen

Dioxide Annual Arithmetic Mean 0.06 ppm none specified none specified 1-Hour none specified none specified 2.0 ppm 24-Hour none specified none specified 0.5 ppm

Ozone 1-Hour 0.10 ppm none specified none specified 2-Hour none specified none specified 0.6 ppm

* ppm = parts per million.

Once classified, the CAA requires states to develop emergency episode plans designed to prevent air pollution in t he IAQCRs from reaching significant harm levels (refer to Table 12). Under 40 CFR 51.152, the most comprehensive emergency episode plans are required for Priority 1 areas, and less rigo rous plans are required for Priority II areas. No plans are required for Priority III areas. The original emergency episode priority classifications for all areas of California are codified in 40 CFR 52.221.

Since U.S. EPA originally es tablished the priority classifications, California air quality has improved substantially and in most areas , is now much better than the specified threshold levels. Furthermore, t he significant harm levels for SO
x , NO 2 , and ozone have

not been reached in California for decades. Ther efore, ARB is requesting that U.S. EPA reclassify a number of original Priority I and II areas as Priori ty III, with no emergency episode plan requirements. The details of this request are summarized in Table 13 and described in the following subsections.32 TABLE 13 New and (Original) Priority Classifications by Pollutant for Emergency Episode Plan Requirements*

Intrastate Air Quality Control Region Pollutant

Sulfur Oxides Nitrogen Dioxide Ozone
(Photochemical Oxidants) Great Basin Valley III III III Lake County III III III

Lake Tahoe III III III (I) Metropolitan Los Angeles III (II) III (I) I

Mountain Counties III III III (I)

North Central Coast III III III (I)

North Coast III III III

Northeast Plateau III III III Sacramento Valley III III III (I) San Diego III III III (I) San Francisco Bay Area III (II) III III (I) San Joaquin Valley III III I

South Central Coast III III III

Southeast Desert III III III (I)

* The requested change in priority classification is shown first, followed by the original priority

classification, in parentheses. If only one priority classification is shown, no change is requested.

Sulfur Oxides: Areas in California were originally classified as Priority II or III for SO
x , measured as SO 2 . U.S. EPA revised the federal SO 2 standard in June 2010, but has not yet designated any area of California with respect to this standard. Subsequent to adoption of the revised standard, ARB submitted comprehensive analyses (based on 2007 through 2009 data) recommending that all areas of California be designated as

attainment for SO 2 . Based on more recent monitoring data (2010 through 2012 data),

California’s 33 site SO 2 monitoring network continues to show attainment of the SO 2 standard, with a statewide maximum 1-hour c oncentration of 0.073 ppm. This 1-hour

maximum is well below the 3-hour and 24-hour thre sholds specified for Priority II areas (refer to Table 12). It is also far below the specified significant ha rm level. In addition,

California has attained the former annual arit hmetic mean SO 2 standard throughout the State since the late 1980s. Thus, based on current SO 2 concentrations, ARB requests that U.S. EPA reclassify the Metropolit an Los Angeles and San Francisco Bay Area IAQCRs as Priority III for SO
x (refer to Table 13). With this change, there would be no

SO
x emergency episode plan requirement s for any area in California.

Nitrogen Dioxide: All sites in California c ontinue to meet the federal NO 2 standards. California previously addressed the NO 2 emergency episode plan requirements in its December 12, 2012, NO 2 Infrastructure SIP submittal. In that submittal, ARB requested that U.S. EPA either exempt the Metropo litan Los Angeles IAQ CR from the emergency episode plan requirements or reclassify the r egion as Priority III. ARB is now requesting33 that U.S. EPA reclassify the region as Priority III, consis tent with our requests for other pollutants (refer to Table 13)

. With this change, there would be no NO 2 emergency episode plan requirements for any area in California.

Ozone: Five California IAQCRs were originally classified as Priority III for ozone, and the remaining nine were classified as Priority I. It is important to note that these

classifications are based on the former 1- hour ozone standard, and U.S. EPA has not classified areas for emergency episode plann ing purposes with respect to the 1997 or 2008 8-hour ozone standards. However, U.S. EPA has noted that the 1-hour ozone significant harm levels for emergency episode plans are appropriate for use with the 2008 8-hour ozone standard (78 FR 34178). T hus, the proposed reclassifications and emergency episode plans described below ar e appropriate not only for the former 1-hour ozone standard, but fo r the 1997 and 2008 8-hour ozone standards, as well.

While the original ozone priority classifica tions summarized in Table 13 were based on the specified 1-hour threshold concentration, two original Priority I areas (the Lake Tahoe and Mountain Counties IAQCRs) were nev er designated as nonattainment for the 1-hour standard. Furthermore, U.S. EPA has det ermined that a number of other original Priority I areas now attain t he former 1-hour ozone standard:

 Eastern Kern County (69 FR 21731; part of Southeast Desert IAQCR)

 North Central Coast (62 FR 2597; North Central Coast IAQCR)

 Sacramento Metropolitan Area (77 FR 64036; includes portions of Sacramento Valley and Mount ain Counties IAQCRs )

 San Diego County (67 FR 65043; San Diego IAQCR)

 San Francisco Bay Area (69 FR 21717; San Francisco Bay Area IAQCR),

 Santa Barbara County (67 FR 54963; coas tal portion of County is part of Metropolitan Los Angeles IAQCR)

 Ventura County (74 FR 25153; part of Metropolitan Los Angeles IAQCR)

Ozone air quality also meets t he former 1-hour ozone standard in the remaining portions

of the Southeast Desert IA QCR, although the area has not been redesignated as

attainment. 7 Based on all of the above informa tion, ARB requests that U.S. EPA reclassify all IAQCRs that meet the 1-hour ozone standard as Priority III, under the provisions of 40 CFR 51.152(d)(1). Thes e areas include the Lake Tahoe, Mountain Counties, North Central Coas t, Sacramento Valley, San Diego , San Francisco Bay Area,
and Southeast Desert IAQCRs. With thes e changes, only the Metropolitan Los Angeles and San Joaquin Valley IAQCRs would be required to have an ozone emergency episode plan. As summarized in Table 14, all portions of these two IAQCRs already have a SIP-approved plan in place, with adequat e authority to implement the plan, if

needed.

7 Although ozone air quality in all parts of the Sout heast Desert IAQCR now meets the former 1-hour federal ozone standard, these areas do have SIP- approved emergency episode plans in place (Antelope Valley (68 FR 10966); Coachella Valley (64 FR 1439); Eastern Kern County (45 FR 37698 and 47 FR 26619); Imperial County (46 FR 8472); Mojave Desert – Riverside County portion (43 FR 59489 and 45 FR 37428); Mojave Desert – San Bernardino County portion (45 FR 37428 and 47 FR 26618).34 TABLE 14 SIP-Approved Emergency Episode Plans for the Metropolitan Los Angeles and San Joaquin Valley IAQCRs

Intrastate Air Quality Control Region Subarea Regulation Federal Register

Citation

Metropolitan Los Angeles South Coast AQMD Regulation 7 – Emergencies 64 FR 14391

Santa Barbara County APCD Regulation 6 – Emergencies 47 FR 26618

Ventura County APCD Regulation 8 – Emergency Action 64 FR 33351

San Joaquin Valley San Joaquin Valley APCD Regulation 6 – Air Pollution Contingency Plan 64 FR 13351

Eastern Kern APCD Regulation 6 – Air Pollution Emergency Contingency Plan 45 FR 37689 and

47 FR 26619

* AQMD = Air Quality Management District; APCD = Air Pollution Control District.

Lead: ARB addressed the emergency episode plan requirements for lead in its October 6, 2011, Infrastructure SIP submittal fo r lead. All areas of California continue to attain the federal lead standard except t he Los Angeles County lead nonattainment area. Thus, ARB requests that U.S. EPA tr eat the nonattainment area as Priority I for lead and all remaining areas of the State as Priority III. Lead emergency episode plan provisions in the Los Angeles County nonat tainment area are described in the South Coast AQMD lead nonattainment SIP, submi tted to U.S. EPA on June 20, 2012 (referred to as contingency measures in the nonattain ment plan). These contingency measures are triggered at lower levels than proposed in the emergency episode plan requirements described in ARB’s October 6, 2011, Infrastr ucture SIP submittal for lead. U.S. EPA proposed approval of the South Coast AQMD’s lead nonattainment SIP, including the contingency measures, on December 11, 2013 (78 FR 29583).

Fine Particulate Matter: Similar to lead, 40 CFR 51.15 0 does not specify any threshold concentration or significant harm level for PM 2.5 . However, in their 2009 PM 2.5 Infrastructure SIP Guidance, U.S. EPA recommends using a 24-hour PM 2.5 concentration of 210.5 μg/m 3 and above to identify Priority 1 areas and a concentration range of greater than 140.4 μg/m 3 to 210.4 μg/m 3 to identify Priority II areas. 8 Based on data collected during 2010 through 2012, 24-hour PM 2.5 concentrations measured by

Federal Reference Monitors in Califor nia have been no greater than 140.4 μg/m 3

, except during one windblown dust event in t he Great Basin Unifie d APCD. A 24-hour

PM 2.5 concentration of 208 μg/m 3 was recorded at the Keeler-Cerro Gordo Road monitoring station in the Owens Lake area on December 1, 2011. Thus, ARB requests

that U.S. EPA treat all areas of California except the Great Basin Valley IAQCR as Priority III with respect to PM 2.5 . ARB further requests that U.S. EPA treat the Great Basin Valley IAQCR as Priority II

.

8 A copy of U.S. EPA’s 2008 PM 2.5 Infrastructure SIP Guidance do cument is available on the web ( http://www.epa.gov/ttn/caaa/t1/memor anda/20090925_harnett_ pm25_sip_110a12.pdf ).35 Priority II areas are required to dev elop emergency episode pl ans with contingency measures to be implemented should monitored PM 2.5 levels exceed 140.4 μg/m 3 . Dust storm events, like the one that occurred at Keeler in December 2011, are caused by windblown dust from the anthropogenically-d ried Owens Lake bed and are unique to the Great Basin Valley area. Best Available Control Measures ar e already in place in most

of the dried emissive areas to control the f ugitive dust events. Additional controls are required and will be impl emented over the next few years. In addition, the Great Basin Unified APCD has an existing health advisor y program to notify residents of the appropriate actions to reduce t he adverse health effects of these high concentrations. Great Basin Unified APCD is working with U. S. EPA Region 9 staff to develop a rule committing to a districtwide notif ication program for the windblo wn dust events. The rule will address smoke-related impacts, as well. Great Basin Unified APCD is scheduled to present the rule to their Board in Marc h 2014. Once the rule is adopted, ARB will

transmit it to U.S. EPA for incl usion in the statewide SIP.

Future SIP Revisions [CAA Section 110(a)(2)(H)]

This section of the CAA requires states to revise their SIP when an air quality standard is promulgated or re vised, new attainment methods become available, or U.S. EPA determi nes a SIP is either inadequate or does not meet revised CAA requirements.

California has and will continue to submit revi sions to its SIP, as mandated by U.S. EPA.

Discussion

H&SC Section 39602 designates ARB as the agency responsible for compliance with all purposes set forth in federal law. This includes responsibility for preparing and submitting SIP revisions in response to new or revised federal standards or improved methods for attaining those standards. It also includes responsibility for revising the SIP if U.S EPA finds the SIP inadequate for attaining the federal standards or inadequate with respect to meeting CAA requirements. ARB develops all SIP revisions in

consultation with districts and other affected entities. In addition, all revisions are subject to public review and comment before being approved and submitted to U.S. EPA, as required by the CAA.

ARB is submitting this multi-pollutant Infrastr ucture SIP in compliance with federal law. In the future, ARB will continue to work with local districts to develop approvable SIPs as federal standards change or new standa rds are implemented, new attainment methods become available, or U.S. EPA dete rmines an existing SIP is inadequate or does not meet revised CAA requirements. ARB maintains a collection of recent SIP documents on its website ( http://www.arb.ca.gov/planning/sip/sip.htm ).36 Consultation with Government Officials, Public Notification, PSD, and Visibility Protection [CAA Section 110(a)(2)(J)]

This section of the CAA requires stat es to meet requirements of the CAA relating to consultation and public notification and to implement PSD and visibility protection programs for established federal standards.

ARB and local districts comply with all f ederal regulatory requirements, including requirements for consultation, notification, comment, and adoption. Furthermore, ARB

has information available on its website about ambient pollutant concentrations and the health impacts from exposure in the ambient air. As described earlier, in response to CAA Section 110(a)(2)(C), PSD requirements are addressed at the district level. Visibility issues are addressed in Cali fornia’s approved Regional Haze SIP.

Discussion

Consultation CAA Section 121 requires states to provide a satisfactory process for consulting with general purpose local governments, desi gnated organizations of elected local government officials, and any affected f ederal land manager in carrying out CAA requirements. H&SC Section 39602 designate s ARB as the air pollution control agency for all purposes set forth in federal law. Th is authority extends to the preparation of the

SIP and coordination of all dist rict activities necessary to comply with the CAA.

Consultation with local districts is a crit ical part of the SIP development process because districts provide local expertise and k nowledge of local conditions. In addition, districts are, in part, responsible for enforci ng SIP provisions. The districts are governed by Boards comprised primarily of elected offi cials, who also play a role in developing SIP provisions.

California’s 35 districts come together under the California Air Pollution Control Officers Association (CAPCOA). CAPC OA promotes clean air and provides a forum for sharing knowledge, experience, and information among air quality regulatory agencies throughout the State. To help facilitate ai r quality progress, CAPCOA has organized a number of working groups that meet on an on-going basis to discuss air quality-related issues. To further coordinate air quality goals, CAPCOA meets regularly with State and federal air quality officials to develop stat ewide rules and to assure consistent application of rules and regulat ions. A list of California districts and the county or counties included in each one is provided in Table 15. Addition al information about

each district and the work CAPCOA facilitates is available through the CAPCOA website ( http://www.capcoa.org/ ).37 TABLE 15

California Districts a nd Jurisdictional Area

District Name* County/Counties Included in Jurisdictional Area

Amador County APCD Amador County Antelope Valley AQMD Northeast Los Angeles County

Bay Area AQMD Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara counties; west Solano County; south Sonoma County Butte County AQMD Butte County Calaveras County APCD Calaveras County Colusa County APCD Colusa County El Dorado County AQMD El Dorado County

Feather River AQMD Sutter and Yuba counties Glenn County APCD Glenn County Great Basin Unified APCD Alpine, Mono, Inyo counties Imperial County APCD Imperial County Eastern Kern APCD East Kern County Lake County AQMD Lake County Lassen County APCD Lassen County Mariposa County APCD Mariposa County Mendocino County AQMD Mendocino County Modoc County APCD Modoc County Mojave Desert AQMD Northeast San Bernardino County; east Riverside County Monterey Bay Unified APCD Monterey , San Benito, Santa Cruz counties North Coast Unified AQMD Del Norte, Humboldt, Trinity counties Northern Sierra AQMD Nevada, Plumas, Sierra counties Northern Sonoma APCD North Sonoma County Placer County APCD Placer County Sacramento Metro AQMD Sacramento County San Diego County APCD San Diego County

San Joaquin Valley APCD Fresno, Kings, Madera, Merced, San Joaquin, Stanislaus, Tulare counties; west Kern County San Luis Obispo County APCD San Luis Obispo County Santa Barbara County APCD Santa Barbara County Shasta County AQMD Shasta County Siskiyou County APCD Siskiyou County

South Coast AQMD Orange County; southwest Los Angeles County; southwest San Bernardino County; central & west Riverside County Tehama County APCD Tehama County Tuolumne County APCD Tuolumne County Ventura County APCD Ventura County Yolo-Solano AQMD Yolo County; east Solano County

 APCD = Air Pollution Control District; AQ MD = Air Quality Management District.38 In addition to the districts, ARB has longsta nding working relationships with a number of other local, State, and federal stakeholders in developing the SIP. A sampling of the stakeholders consulted during development of the 2007 California SIP revision and the 2009 Regional Haze SIP is shown in Table 16. Collaboration with these other stakeholders strengthens the SIP and ensures c ontinued progress toward attainment of

all federal standards.

TABLE 16 Sampling of Stakeholders Consulte d During SIP Development Process

Stakeholder Group

California Metropolitan Planning Organizations* California Bureau of Automotive Repair California Department of Motor Vehicles California Energy Commission California Department of Transportation (CalTrans)

State Water Resources Control Board Governor’s Office of Planning and Research Department of Forestry and Fire Protection Federal Highway Administration Federal Department of Energy

State of Nevada Port of Los Angeles Port of Long Beach South Coast Air Quality Management Plan Advisory Group San Joaquin Valley Citizens Advisory Committee Central Valley Air Quality Coalition

 A map of California Metropolitan Planning Organizations (MPOs) is shown in Figure 1.39 FIGURE 140 After a draft SIP is developed, H&SC Sect ion 41650, et seq., requires ARB to conduct public hearings and to solicit testimony from the public, as well as from districts and other air quality planning agencie s, when adopting nonattainment plans for inclusion in the SIP. Additionally, the California Admi nistrative Procedures Act, Government Code Section 11340, et seq., requi res notification and provision of comment opportunities to all parties affected by proposed regulations. Similarly, H&SC Section 40725 requires districts to conduct public hearings when ado pting, amending, or repealing any rule. ARB will continue the process of collaboratin g with local, State, and federal entities and officials in developing SIP elem ents, as required by the CAA, as well as soliciting public input to the process.

Once a SIP is submitted to U.S. EPA fo r approval, the process of consultation and collaboration is on-going. An example of this on-going co llaboration is the Clean Air Technology Initiative. ARB, along with U.S. EPA, the Sout h Coast AQMD, the San Joaquin Valley APCD, and the California Environment al Protection Agency, signed a memorandum of agreement (MOA) committing to the development and testing of new technologies, in an effort to accelerate pr ogress in meeting current and future federal standards. The goal of the MOA is to improv e air quality by aligning agency research resources, where possible an d appropriate, to evaluate i nnovative technologies that have the potential to reduce emissions of pollu tants and pollutant precursors, as well as to develop and assess new monitoring equipment that could improve the measurement of emissions from mobile and stationary sources of pollution. As part of this agreement, the agencies intend to coordinate research efforts with other public and private stakeholders, including other federal departments and agencies and other State and local entities, in order to utilize the res ources and capacities of a wide sector of government and the business community in projects to develop, demonstrate, and assess new technologies that can help achieve clean air goals.

The creation of the Clean Air Technology Initia tive, through which the partner agencies identify regionally important em ission sources contributing to the region’s attainment challenges, is a key element of the MO A. Both the South Coast AQMD and San Joaquin Valley APCD selected focus ar eas that are impacted by a mixture of mobile and stationary sources, especially sources representi ng major contributors to the SIP inventories and key air toxic exposures in the community. The partner agencies can then coordinate actions to align local, St ate, and federal resources to accelerate the identification and impl ementation of advanced clean technol ogies. Another example of on-going collaboration is ARB’s Memorandum of Understanding with Union Pacific and Burlington Northern Santa Fe railroads to si gnificantly reduce diesel emissions in and around rail yards in California.41 Public Notification In addition to consulting with government officials and other stakeholders, the CAA requires states to provide effective measur es for notifying the public of instances or

areas in which a federal standard was exce eded during the prior calendar year (CAA Section 127). Under H&SC Se ction 39607(a), ARB is required to collect air quality data in each air basin, statewide. ARB maintains these data and provides access to both current and historical data via the web ( http://www.arb.ca.gov/aqmis2/aqmis2.php ). In addition, H&SC Section 40718(a) requires AR B to publish maps showing areas that violate a federal standard, using the most rec ently available data. These maps are also available on ARB’s website ( http://www.arb.ca.gov/desig/statedesig.htm#current ). Finally, ARB provides on its website, links to local district websites that provide the public with daily information about local air qu ality levels using the Air Quality Index ( http://www.arb.ca.gov/aqm is2/MainPgLinks/aqi.php ).

In addition to reporting air quality data, CAA Se ction 127 requires states to advise the public about the health hazards associat ed with air pollution and to enhance public awareness of measures to prevent violati on of a standard. To comply with this requirement, ARB maintains webpages that pr ovide relevant information about health impacts ( http://www.arb.ca.gov/research/health/health.htm ) and ways of reducing air pollution ( http://www.arb.ca.gov/html/cando.htm ).

PSD and Visibility Protection With respect to PSD requirem ents, a number of districts in California administer fully SIP-approved or partially delegated PSD programs that comply with federal requirements. PSD programs in the remaini ng districts are administered by U.S. EPA through a federal stationary source permi tting program under enabling authority in 40 CFR 52.21. However, several of these di stricts are currently in the process of developing or seeking U.S. EPA approval of their PSD programs. The status of PSD programs in California districts is described in more detail in the previous section titled Programs for Enforcement, PSD, and NSR [CAA Section 110(a)(2)(C)].

Finally, CAA Section 110(a)(2)(J) contains prov isions for visibility protection. However, U.S. EPA guidance states that promulgation of a new or revised federal standard does not carry with it any new obligations with res pect to visibility prot ection. Nevertheless, California has in place, an approved Regiona l Haze SIP (76 FR 34608). Provisions of the State’s Regional Haze SIP w ill reduce the impact of air pollution on visibility, with the long-term goal of improving visibility in Cla ss 1 areas. California’s Regional Haze SIP is available on ARB’s website ( http://www.arb.ca.gov/planning/reghaze/reghaze.htm ).42 Air Quality Modeling/Data [CAA Section 110(a)(2)(K)]

This section of the CAA requires states to use air quality models to predict the effect of pollutant and precursor emissions on ambient concentrations and to submit the modeling data to U.S. EPA when requested.

ARB is well versed in the use of air quality m odels to predict the impact of emissions on air quality. ARB conducts modeling in compliance with U.S. EPA guidance, and ARB works closely with districts that conduc t their own modeling to ensure similar compliance. Modeling results are available on request.

Discussion

The CAA requires states to conduct air quality modeling. For example, under CAA Section 182(C)(2)(a), atta inment demonstrations for ozone nonattainment areas classified as serious, severe, or extreme must be based on photochemical grid modeling or another analytical method the Administrator det ermines to be at least as effective. Under State law, ARB is t he agency responsible for complying with all purposes set forth in federal law (H&SC Se ction 39602). Thus, ARB has the authority to conduct air quality modeling as required under the CAA.

To implement the modeling requirements, ARB has established an air quality modeling group which has extensive experience rela ted to modeling both primary and secondary pollutants. ARB’s modeling work complies with U.S. EPA guidance on the use of models. In addition, ARB consults with and works closely with districts and other stakeholders that conduct their own air quality modeling, to ensure their work also complies with federal requirements.

ARB’s website includes links to air qualit y and other modeling software, as well as relevant guidance documents ( http://www.arb.ca.gov/html/soft.htm#modeling ). Links include both U.S. EPA-approved and Stat e-approved models and documentation. In addition, ARB and districts document their SIP-related modeling protocols and make this information available as part of the SIP review process. Examples of this protocol

documentation for ozone and PM 2.5 are available on the San Joaquin Valley APCD

website. 9 The purpose of documenting these protocols is to detail and formalize the procedures for conducting the photochemical modeling used in developing the SIP and thereby increase public awareness and trans parency. Comments generated through the public review process are considered in developing the final plan. As required under the CAA, modeling results are made avail able to U.S. EPA and other stakeholders on
request.

9 Examples of ozone and PM 2.5 air quality modeling protocols: http://www.valleyair.org/Air_Quality_Plans/docs /AQ_Ozone_2007_Adopted/23%20Appendix%20F%20Ap ril%202007.pdf and http://www.valleyair.org/Wor kshops/postings/2012/12-20- 12PM25/FinalVersion/16%20Appendix% 20F%20Modeling%20Protocol.pdf

.43 Permitting Fees [CAA Section 110(a)(2)(L)]

This section of the CAA requires st ates to assess stationary source owners or operators fees to cover the cost of reviewing and acting on a permit application. If a permit is granted, states must also assess fees to cover the cost of implementi ng and enforcing the permit.

Districts are responsible for issuing stationary source permits. Each district has rules requiring fees to cover the cost of proc essing, implementing, and enforcing permits.

Discussion

U.S. EPA’s Infrastructure SIP Guidance indica tes that if a state’s Title V program fees cover all CAA permitting, implementation, and enforcement for new and modified major sources, as well as for existing major s ources, the Title V program satisfies the requirements of CAA Section 110(a)(2)(L). As described in the previous section titled Programs for Enforcement, PSD, and NSR [CAA Section110(a)(2)(C)], responsibility for issuing stationary source permits in Califor nia rests with the districts, and each local district has adopted rules requiring an additional fee for facilities subject to Title V requirements. Furthermore, U.S. EPA has fully approved Title V programs for all 35 California districts (40 CFR 70, Appendix A).

California H&SC Section 42311 authorizes lo cal districts to adopt a schedule of fees for the evaluation, issuance, and renewal of permits to cover the cost of district programs related to permitted stationary sources. The mechanism for assessing these fees begins when an applicant applies for an Author ity to Construct. Each applicant is assessed a fee for the district to process t he application. Additional fees are assessed for some applications that ma y be more complex. Districts also assess fees when the facility applies for a Permit to Operate. F ee schedules are specific to each individual

district. Some districts bas e their fees on allowable emi ssions, while others base fees on the type and quantity of facility equipment. Districts also collect fees during the annual renewal of the permit and may impose fees for observing sources test, as applicable. Districts review their fees on a regular basis and determine if any fee

increases are needed to cover the cost of running the permitting program.

A general overview of the Title V require ments is available on the ARB website ( http://www.arb.ca.gov/fcaa/tv/tvinfo/overview.htm ). ARB’s website also provides information to help facility owners/oper ators navigate the permitting process. 10 In addition, ARB maintains various email notific ation lists that provide subscribers with current, on-going email notification about updates and changes to permit-related programs. Information about s ubscribing to these lists is also available on the ARB website ( http://www.arb.ca.gov/permits/permits.htm ).

10

The following web links provide information to help facility owners/operat ors navigate the permitting

process: http://www.arb.ca.gov/permits/airdisop.htm and http://www.arb.ca.gov/ permits/permits.htm

.44 Table 17 provides a summary of the district rules that implement the federal Title V requirements. The rules cited represent t he district’s primary implementation rule, and in some cases, there may be ot her district rules that are al so relevant to the Title V process. The information in Table 17 is prov ided for information only, as Title V rules are not required to be part of an approved SIP.

TABLE 17

California District Title V Rules and Permit Fee Information

District* District Implementing Rule
Amador County APCD Rule 500 (Issuing Permits to Operate for Title V Sources) Antelope Valley AQMD Regulation XXX (Title V Permits)

Bay Area Air AQMD Rule 2-6 (Major Facility Review) Butte County APCD Rule 1101 (Title V – Federal Operating Permits) Calaveras County APCD Regulation X (Issuing Permits to Operate for Title V Sources)

Colusa County APCD Rule 3.17 (Permits to Operate for Title V Sources)

Eastern Kern APCD Rule 201.1 (Permits to Operate for Title V Sources) El Dorado County APCD Rule 522 (Title V - Federal Operating Permit Program)

Feather River AQMD Rule 10.3 (Federal Operating Permits) Glenn County APCD Article VIII (Issuing Permits to Operate for Title V Sources)
Great Basin Unified APCD Rule 217 (Issuing Permits to Operate for Title V Sources)

Imperial County APCD Rule 900 (Issuing Permits to Operate for Title V Sources)

Lake County AQMD Chapter XII (Issuing Permits to Title V Sources)
Lassen County APCD Regulation VII (Permits to Operate for Title V Sources)
Mariposa County APCD Regulation X (Issuing Permits to Operate for Title V Sources)
Mendocino County APCD Regulation 5 (Issuing Pe rmits to Operate for Title V Sources) Modoc County APCD Rule 2.13 (Issuing Permits to Operate for Title V Sources) Mojave Desert AQMD Regulation XII (Federal Operating Permits) Monterey Bay Unified APCD Rule 218 (Title V: Federal Operating Permits) North Coast Unified AQMD Regulation V (Issuing Permits to Operate for Title V Sources) Northern Sierra AQMD Rule 522 (Title V Federal Operating Permits) Northern Sonoma County APCD Regulation V (Issui ng Permits to Operate for Title V Sources)
Placer County APCD Rule 507 (Federal Operating Permit Program)
Sacramento Metro AQMD Rule 207 (Title V – Federal Operating Permit Program)
San Diego County APCD Regulation XIV (Title V Operating Permits)
San Joaquin Valley APCD Rule 2520 (Federally Mandated Operating Permits) San Luis Obispo County APCD Rule 216 (Federal Part 70 Permits)

Santa Barbara County APCD Regulation XIII (Part 70 Operating Permit Program) Shasta County AQMD Rule 5 (Issuing Permits to Operate for Title V Sources) Siskiyou County APCD Rule 2.13 (Issuing Permits to Operate for Title V Sources)

South Coast AQMD Regulation XXX (Title V Permits) Tehama County APCD Regulation VII (Federal Operating Permit Program) Tuolumne County APCD Rule 500 (Issuing Permits to Operate for Title V Sources)

Ventura County APCD Rule 33 (Part 70 Permits)

Yolo-Solano AQMD Rule 3.8 (Federal Operating Permits)

 APCD = Air Pollution Control District; AQ MD = Air Quality Management District.45 Consultation/Participation by Affected Local Entities [CAA Section 110(a)(2)(M)]

This section of the CAA requires stat es to consult with and allow local political subdivisions affected by the SI P to participate in the development

process.

ARB coordinates on a regular bas is with the State’s 35 local districts. State law requires ARB to conduct a public hearing and solicit input from affected agencies and the public when developing any SIP document.

Discussion

California is divided into 35 local distri cts, comprising county or regional local government authorities. These districts hav e responsibility for controlling stationary source emissions. H&SC Section 39602 designates ARB as the air pollution control agency for all purposes set forth in federal la w. Furthermore, ARB is designated as the State agency responsible for preparing the SI P and, to this end, shall coordinate the activities with all districts necessary to comp ly with that act. The st ructure of California’s local districts was described in the previous section titled Consultation with Government Officials, Public Notification, PSD, and Visibili ty Protection [CAA Section110(a)(2)(J)]. A map of district boundaries ( http://www.arb.ca.gov/capcoa/dismap.htm ), as well as links to local district webpages ( http://www.arb.ca.gov/capcoa/roster.htm ), is available on

ARB’s website.

ARB routinely consults and provides liaison with all districts and provides for frequent and regular communication and consultation with management and staff of these districts, particularly as it relates to SIP it ems. Because district boards are composed of local elected officials, this framework provides for regular consultation with and participation by local govern ment entities (citie s and counties) affected by the SIP. Furthermore, H&SC Section 41650, et seq., requires ARB to conduct a public hearing and to solicit testimony from districts, ai r quality planning agencies, and the public when adopting SIP-related documents. The distri cts have a similar process for soliciting participation and comment with respect to pr oposed regulatory actions. Additionally, the California Administrative Procedures Act, Government Code Section 11340, et seq., requires notification and provision for comment opportunities to all parties affected by proposed regulations. Similarly, H&SC Se ction 40725 requires districts to conduct public hearings when adopting, amending, or repealing any rule. ARB is committed to continuing the process of coll aborating with local entities and officials in developing SIP elements, as well as soliciting public input to the process.[This page intentionally blank]

### ATTACHMENT 1

RELEVANT CALIFORNIA HEALTH AND SAFETY CODE SECTIONS

INCLUDED FOR INFORMATION ONLY

AND NOT TO BE INCLUDED IN CALIFORNIA’S

STATE IMPLEMENTATION PLAN[This page intentionally blank]Attachment 1 A1-i TABLE OF CONTENTS

Health and Safety Code Section 39002. Agencies responsible for pollution control A1-1 Health and Safety Code Section 39602. Designated air pollution control agency; Compliance with feder al law ............................................................................... A1-1 Health and Safety Code Section 39602.5(a). A doption of rules and regulations ...... A1-1 Health and Safety Code Section 39607(a). Gat hering air pollution information ....... A1-2 Health and Safety Code Section 39607(c) . Gathering air pollution information ........ A1-2 Health and Safety Code Section 40000. Legislative finding and declaration ............ A1-2 Health and Safety Code Section 40001( a). Rules and regulat ions .......................... A1-2 Health and Safety Code Section 4 0718. Pollutant ma ps .......................................... A1-2 Health and Safety Code Section 40725. Notice of public hearing ............................ A1-2 Health and Safety Code Secti on 41311. Fees .......................................................... A1-3 Health and Safety Code Section 41509. Scope of divi sion ...................................... A1-4 Health and Safety Code Section 41510. Right of entry for ins pection ...................... A1-5 Health and Safety Code Section 4151 1. Rules and regulat ions ............................... A1-5 Health and Safety Code Section 41650. Adop tion of nonattainment area plan ........ A1-5 Health and Safety Code Section 41651. Hearing; Evid ence .................................... A1-6 Health and Safety Code Section 4 1652. Revision of plan ........................................ A1-6 Health and Safety Code Section 41700. Prohibited disch arges ............................... A1-6 Health and Safety Code Section 41712(b). R egulations to control volatile organic compounds in consum er products ......................................................... A1-6 Health and Safety Code Section 42400. Crim inal penalty for viol ations ................... A1-7 Health and Safety Code Section 42400. 1. Negligent emission of air contaminants; Operation of source of contaminants which causes actual injury; Criminal s anctions .................................................................................... A1-7 Health and Safety Code Section 42400.2. Failure to take corrective actions;

Criminal sanctions ............................................................................................... A1-8 Health and Safety Code Section 42400.3. Willf ul and intentional emissions of air contaminant; P enalties ................................................................................... A1-8 Health and Safety Code Section 42400.3.5. Knowing violations; Penalties ............. A1-9 Health and Safety Code Section 42400.4. Knowing violation of federally enforceable permit condition, fee, or filing require ment ...................................... A1-10 Health and Safety Code Section 42400.5. Cost of putting out unauthorized fires .... A1-11 Health and Safety Code Section 42400. 6. Imposition of fine ................................... A1-11 Health and Safety Code Section 42400.7. Effe ct of recovery of civil penalties; Injunction ............................................................................................................ A1-11 Health and Safety Code Section 42400.8. Determination of amount of fine ............. A1-11 Health and Safety Code Section 42401. Violat ion of abatement order; Civil penalty A1-12 Health and Safety Code Section 42402. Violation of emission limitations; Civil penalt y ........................................................................................................ A1-12 Health and Safety Code Section 42402.1. N egligent emission of air contaminants; Operation of source of contaminants which cause actual injury; Civil penalties .. A1-13 Health and Safety Code Section 42402.2. Failure to take corrective actions; Civil penaltie s ...................................................................................................... A1-13Attachment 1 A1-ii Health and Safety Code Section 42402.3. Willful and intentional emission of air contaminant; Penalty ..................................................................................... A1-13 Health and Safety Code Section 42402.4. Penalty for knowing falsification

of document ........................................................................................................ A1-14 Health and Safety Code Section 42402.5. Ad ministrative civil penalties .................. A1-14 Health and Safety Code Section 42403. Civil actions; Determination of penalty ...... A1-14 Health and Safety Code Section 42403. 5. Discharge from idling engine of diesel-powered bus ............................................................................................. A1-15 Health and Safety Code Section 42404. Civil actions; Pr ecedence ......................... A1-15 Health and Safety Code Section 42404.5. Co mmencement of limitation period ...... A1-15 Health and Safety Code Section 42405. Payment of pe nalty ................................... A1-16 Health and Safety Code Section 42405.1. Rewards for informants .......................... A1-16 Health and Safety Code Section 42405.5. Reimbursement of government agency for cost and expenses incurred in pr eparing and prosecuting case ........ A1-17 Health and Safety Code Section 42406. Lien on ve ssel........................................... A1-17 Health and Safety Code Section 4 2407. Scope of ar ticle ......................................... A1-18 Health and Safety Code Section 42408. Tampering with air pollution monitoring equipm ent ......................................................................................... A1-18 Health and Safety Code Section 42409. Li st of potential viol ations ......................... A1-18 Health and Safety Code Section 42410. Admi nistrative penalty as alternative to civil penalty; Limitations; Construction of section; Report to Governor and Legislature .......................................................................................................... A1-18 Health and Safety Code Section 42450. Issuanc e by district board; Hearing .......... A1-20 Health and Safety Code Section 42450.1. Application of article ............................... A1-20 Health and Safety Code Section 42451. Issuance by hearing board; Stipulated

orders .................................................................................................................. A1-20 Health and Safety Code Section 42452. Form of or der ............................................ A1-21 Health and Safety Code Section 42453. In junction against viol ations ...................... A1-21 Health and Safety Code Section 42454. Injunction procee dings .............................. A1-21Attachment 1 A1-1 ATTACHMENT 1

Relevant California Health and Safe ty Code Sections Included for Information Only and not to be Included in California’s State Implementation Plan

Section 39002. Agencies responsible for pollution control Local and regional authorities have the prim ary responsibility for control of air pollution from all sources other than v ehicular sources. The control of vehicular sources, except as otherwise pr ovided in this division, shall be the responsibility of the State Air Resources Board. Except as otherwise provided in this division, including, but not limited to, Sections 41809, 41810, and 41904, local and regional authorities may establish stricter standards than those set by law or by t he state board for nonvehicular sources. However, the state board shall, after holding public hearings as required in this division, undertake control activities in any area w herein it determines that the local or regional authority has failed to meet the responsibil ities given to it by this division or by any other provision of law.

Section 39602. Designated air pollution control agency; Compliance with

federal law The state board is designated the air po llution control agency for all purposes

set forth in federal law. The state board is designated as the state agency responsible for the preparation of the state implementati on plan required by the Clean Air Act (42 U.S.C., Sec. 7401, et s eq.) and, to this end, shall coordinate the activities of all districts necessary to comply with that act. Notwithstanding any other provision of th is division, the state implementation plan shall only include those provisions necessary to meet the requirements

of the Clean Air Act.

Section 39602.5. Adoption of rules and regulations (a) The state board shall adopt rules and regulations pursuant to Section 43013 that, in conjunction with other measures adopted by the state board, the districts, and the United States Envi ronmental Protection Agency, will achieve ambient ai r quality standards required by the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) in all areas of the state by the applicable attainment dat e, and to maintain these standards

thereafter. The state board shall adopt these measures if they are necessary, technologically feasible, and cost effective, consistent with

Section 43013. (b) If necessary to carry out its dutie s under this section, the state board shall adopt and enforce rules and regulations that anticipate the development of new technologies or the improvement of existingAttachment 1 A1-2 technologies. The rules and regulati ons shall require standards that the state board finds and determines can likely be achieved by the compliance date set forth in the rule.

Section 39607(a). Gathering air pollution information

The state board shall: (a) Establish a program to secure data on air quality in each air basin established by the state board.

Section 39607(c). Gathering air pollution information

The state board shall: (c) Monitor air pollutants in c ooperation with distri cts and with other agencies to fulfill the purpose of this division.

Section 40000. Legislative finding and declaration The Legislature finds and declares that lo cal and regional authorities have the primary responsibility for c ontrol of air pollution from all sources, other than

emissions from motor vehicl es. The control of emissi ons from motor vehicles, except as otherwise provided in this divi sion, shall be the responsibility of the

state board.

Section 40001(a). Rules and regulations (a) Subject to the powers and duties of the state board, t he districts shall adopt and enforce rules and regulations to achieve and maintain the state and federal ambient air quality st andards in all areas affected by emission sources under their jurisdicti on, and shall enforce all applicable provisions of stat e and federal law.

Section 40718. Pollutant maps (a) Not later than January 1, 1990, th e state board shall publish maps identifying those cities, counties, or portions thereof which have

measured one or more violations of any state or federal ambient air quality standard. The st ate board shall produce at least one separate map for each pollutant.

Section 40725. Notice of public hearing (a) A district board shall not adopt, amend, or repeal any rule or regulation without first holding a public hearing thereon. (b) Notice of the time and place of a public hearing to adopt, amend, or repeal any rule or regulation sha ll be given not less than 30 days prior thereto to the state board, which notice shall include a copy of the rule orAttachment 1 A1-3 regulation proposed to be adopted, amended, or repealed, as the case may be, and a summary description of the effect of the proposal, and by publication in the district pursuant to Section 6061 of the Government Code. In addition, in the case of a district which includes portions of more than one county, the notice sha ll be published in each county not less than 30 days prior to t he date of the hearings. (c) Notice published pursuant to subdi vision (b) shall invite written public comment and indicate the name, address, and telephone number of the

district officer to whom these co mments are to be addressed, and the date by which comments are to be received.

Section 41311. Fees (a) A district board may adopt, by re gulation, a schedule of annual fees for the evaluation, issuance, and renewal of permits to cover the cost of district programs related to permi tted stationary sources authorized or required under this division that are not otherwise funded. The fees assessed under this section shall not exceed, for any fiscal year, the actual costs for district programs for the immediately preceding fiscal year with an adjustment not great er than the change in the annual California Consumer Price Index, as determined pursuant to Section

2212 of the Revenue and Taxation C ode, for the preceding year. Any revenues received by the district purs uant to the fees, which exceed the cost of the programs, shall be carried over for expenditure in the subsequent fiscal year, and the schedul e of fees shall be changed to reflect that carryover. Every person applying for a permit, notwithstanding Section 6103 of the Government Code, shall pay the fees required by the schedule. Nothi ng in this subdivision precludes the district from recovering, thr ough its schedule of annual fees, the

estimated reasonable costs of dist rict programs related to permitted stationary sources. (b) The district board may require an applicant to deposit a fee in accord with the schedule adopted pursuant to s ubdivision (a) prior to evaluating a permit application, if t he district accounts for t he costs of its services and refunds to the applicant any signi ficant portion of the deposit which exceeds the actual, reasonable cost of evaluating the application. (c) Except as provided in Section 42 313, all the fees shall be paid to the

district treasurer to the credit of the district. (d) This section does not apply to t he south coast district board which is governed by Section 40510. (e) In addition to providing notice as otherwise required, before adopting a regulation establishing fees pursuant to this section, the district board shall hold at least one public meet ing, at which oral or written presentations can be made, as part of a regularly scheduled meeting. Notice of the time and place of the meeting, including a general explanation of the matte r to be considered, and a statement that theAttachment 1 A1-4 information required by this section is available, shall be mailed at least 14 days prior to the meeting to any interested party who files a written request with the district board. Any wr itten request for the mailed notices shall be valid for one year from the date on which it is filed unless a renewal request is filed. Renewal r equests for the mailed notices shall be filed on or before April 1 of each year. The district board may establish a reasonable annual charge for sending the notices based on the estimated cost of prov iding that service. At least 10 days prior to the meeting, the district board shall make available to the public information indicating the amount of cost, or esti mated cost, required to provide the

service for which the fee is char ged and the revenue sources anticipated to provide the service. Any costs incurred by the di strict board in conducting the required meeting may be recovered from fees charged for the programs which were t he subject of the meeting. (f) In addition to any other fees authoriz ed by this section, a district board may adopt, by regulation, a schedule of annual fees to be assessed against permitted nonvehicular sources emitting toxic air contaminants identified pursuant to the procedure set forth in Sections 39660, 39661,

and 39662. A district board shall dem onstrate that the fees assessed

under this subdivision do not exceed the reasonable, anticipated costs of funding district activities mandated by Section 39666 related to

nonvehicular source emissions. In ma king the demonstrati on, the district

shall account for all direct and indirect co sts of district activities related to

each toxic air contaminant. If t he district does not make this demonstration, it shall make reimburse ment for that portion of the fee not

determined to be reasonable. (g) A district may adopt, by regulation, a schedule of fees to be assessed on

areawide or indirect sources of em issions which are regulated, but for which permits are not issued, by the district to recover the costs of district programs related to these sources. (h) A district board may adopt, by regulat ion, a schedule of fees to cover the reasonable costs of the hearing board incurred as a result of appeals

from district decisions on the issuanc e of permits. However, the hearing board may waive all or part of thes e fees if it determines that

circumstances warrant that waiver. (i) Nothing in the amendments to th is section enacted in 1988 limits or abridges any previously existing author ity of a district to vary fees according to quantity of emissions, nor affects any pending litigation which might affect that previous authority.

Section 41509. Scope of division No provision of this divisi on, or of any order, rule, or regulation of the state board or of any district , is a limitation on: (a) The power of any local or regional authority to declare, prohibit, or abate

nuisances.Attachment 1 A1-5 (b) The power of the Attorney General, at the request of a local or regional authority, the state board, or upon his own motion, to bring an action in the name of the people of the State of California to enjoin any pollution

or nuisance. (c) The power of a state agency in the enforcement or administration of any provision of law which it is specifica lly permitted or required to enforce or

administer. (d) The right of any person to maintain at any time any appropriate action for relief against any private nuisance.

Section 41510. Right of entry for inspection For the purpose of enforcing or administeri ng any state or local law, order, regulation, or rule relating to air pollu tion, the executive o fficer of the state board or any air pollution control officer having jurisdiction, or an authorized representative of such officer, upon presentation of his credentials or, if necessary under the circumstances, a fter obtaining an inspection warrant pursuant to Title 13 (commencing with Se ction 1822.50), Part 3 of the Code of Civil Procedure, shall have the right of entry to any premises on which an air pollution emission source is loca ted for the purpose of inspecting such source, including securing samples of em issions therefrom, or any records required to be maintained in connection therewith by the state board or any

district.

Section 41511. Rules and regulations For the purpose of carrying out the duties imposed upon t he state board or any district, the state boar d or the district, as t he case may be, may adopt rules and regulations to require the owner or the operator of any air pollution

emission source to take such action as the state board or the district may

determine to be reasonable for the dete rmination of the amount of such

emission from such source.

Section 41650. Adoption of nonattainment area plan (a) The state board shall adopt the nonat tainment area plan approved by a designated air quality planning agency as part of the state implementation plan, unless the state board finds, after a public hearing, that the nonattainment area plan will not meet the requi rements of the Clean Air Act (42 U.S.C. Sec. 7401 et seq.). (b) The primary responsibility for dete rmining whether a control measure is reasonably available shall be vested in the public agency which has the primary responsibility fo r implementation of that control measure. The determination of reasonably availabl e control measure by the public agency responsible for implementation shall be conclusive, unless the state board finds after public hearing that such determination will not meet the requirements of the Clean Air Act.Attachment 1 A1-6 Section 41651. Hearing; Evidence In addition to any other statutory requi rements, at the public hearing held pursuant to Section 41650, the districts in cluded, in whole or in part, within the nonattainment area, the designated ai r quality planning agency, and members of the public shall have the opportunity to present oral and written evidence. In addition, the districts and the agency shall have the right to question and solicit testimony of qua lified representatives of the state board staff on the matter being considered. The state board ma y, by an affirmative vote of four members, place reasonabl e limits on the right to question and solicit testimony of qualified representat ives of the state board staff.

Section 41652. Revision of plan If, after the public hearing, the state board finds that the nonattainment area plan approved by the designated air quality planning agencies does not comply with the requirements of the Cle an Air Act (42 U.S.C. Sec. 7401 et seq.), the state board may adopt such revisions as necessary to comply with such requirements, except as otherwise provided in Article 5.5 (commencing with Section 53098) of Chapter 1 of Part 1 of Division 2 of Title

5 of the Government Code.

Section 41700. Prohibited discharges (a) Except as otherwise provided in Section 41705, a person shall not discharge from any source whatsoever quantities of air contaminants or other material that cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or that endanger the comfort, repose, health, or safe ty of any of those persons or the public, or that cause, or have a nat ural tendency to cause, injury or damage to business or property. (b) This section shall becom e operative on January 1, 2014.

Section 41712(b). Regulations to cont rol volatile organic compounds in consumer products (b) The state board shall adopt regulations to achieve the maximum feasible reduction in volatile organic compounds emitted by consumer products,

if the state board determi nes that adequate data exists to establish both of the following: (1) The regulations are necessary to attain state and federal ambient air quality standards. (2) The regulations are commercially and technologically feasible and

necessary.Attachment 1 A1-7 Section 42400. Criminal pe nalty for violations (a) Except as otherwise provided in Section 42400.1, 42400.2, 42400.3, 42400.3.5, or 42400.4, any person who violates this part, or any rule, regulation, permit, or order of the state boar d or of a district, including a district hearing board, adopted pursuant to Part 1 (commencing with Section 39000) to Part 4 (commencing with Section 41500), inclusive, is guilty of a misdemeanor and is subj ect to a fine of not more than one thousand dollars ($1,000) or imprisonment in the county jail for not more than six months, or both. (b) If a violation under subdivision (a) wit h regard to the failure to operate a vapor recovery system on a gasoline cargo tank is directly caused by the actions of an employee under the supervision of, or of any independent contractor working for, any person subj ect to this part, the employee or independent contractor, as the case may be, causing the violation is guilty of a misdemeanor and is punishable as provided in subdivision (a). That liability shall not extend to t he person employing the employee or retaining the independent contractor , unless that person is separately guilty of an action that violates this part. (c) Any person who owns or operates any source of air contaminants in

violation of Section 41700 that caus es actual injury, as defined in subdivision (d), to the health or safety of a considerable number of persons or the public is guilty of a misdemeanor and is subject to a fine

of not more than fifteen thousand do llars ($15,000) or imprisonment in the county jail for not more than nine months, or both. (d) As used in this section, "actual injury" means any physical injury that, in the opinion of a licensed physician and surgeon, requires medical treatment involving more t han a physical examination. (e) Each day during any portion of which a violation of subdivision (a) or (c) occurs is a separate offense.

Section 42400.1. Negligent emission of air contaminants; Operation of source of contaminants which causes actual injury; Criminal sanctions (a) Any person who negligently emits an air contaminant in violation of any provision of this part or any rule, r egulation, permit, or order of the state board or of a district pertaining to em ission regulations or limitations is guilty of a misdemeanor and is punish able by a fine of not more than twenty-five thousand dollars ($25,000), or imprisonment in a county jail for not more than nine months, or by both that fine and imprisonment. (b) Any person who negligent ly emits an air contami nant in violation of

Section 41700 that causes great bodily injury, as defined by Section 12022.7 of the Penal Code, to, or deat h of, any person, is guilty of a misdemeanor and is punishable by a fine of not more than one hundred thousand dollars ($100,000), or impris onment in a county jail for not more than one year, or by bot h that fine and imprisonment. (c) Each day during any portion of which a violation occurs is a separate

offense.Attachment 1 A1-8 Section 42400.2. Failure to take corr ective actions; Criminal sanctions (a) Any person who emits an air contaminant in violation of any provision of this part, or any order, rule, regulation, or permit of the state board or of a district pertaining to emission regul ations or limitations, and who knew

of the emission and failed to take corrective action within a reasonable period of time under the circumstances, is guilty of a misdemeanor and is punishable by a fine of not more than forty thousand dollars ($40,000), or imprisonment in a county jail for not more than one year, or by both that fine and imprisonment. (b) For purposes of this section, "corre ctive action" means the termination of the emission violation or the grant of a variance from the applicable order, rule, regulation, or permit pu rsuant to Article 2 (commencing with Section 42350). If a district regul ation regarding process upsets or equipment breakdowns would allow continued operation of equipment which is emitting air contaminants in excess of allowable limits, compliance with that regulation is deemed to be corrective action. (c) Any person who owns or operates any source of air contaminants in

violation of Section 41700 that causes great bodily injury, as defined by Section 12022.7 of the Penal Code, to , or death of, any person, and who

knew of the emission and failed to take corrective action within a reasonable period of time under the circumstances, is guilty of a misdemeanor and is punishable by a fi ne of not more than two hundred fifty thousand dollars ($250,000), or im prisonment in a county jail for not more than one year, or by bot h that fine and imprisonment. (d) Each day during any portion of which a violation occurs constitutes a separate offense.

Section 42400.3. Willful and intenti onal emissions of air contaminant;

Penalties (a) Any person who willfully and intent ionally emits an air contaminant in violation of any provision of this part or any rule, regulation, permit, or

order of the state board or of a district, pertainin g to emission regulations or limitations is guilty of a misdem eanor and is punishable by a fine of not more than seventy-five thousand dollars ($75,000), or imprisonment in a county jail for not more than one year, or by both that fine and imprisonment. (b) Any person who willfully and intenti onally, or with reckless disregard for the risk of great bodily injury, as def ined by Section 12022.7 of the Penal Code, to, or death of, any person, emits an air contam inant in violation of Section 41700 that results in any unr easonable risk of great bodily injury to, or death of, any person, is guilty of a public offense and is punishable by a fine of not more than one hu ndred twenty-five thousand dollars ($125,000), or imprisonment in a county jail for not more than one year, or by both that fine and imprisonm ent. However, if the defendant is aAttachment 1 A1-9 corporation, the maximum fine may be up to five hundred thousand dollars ($500,000). (c) Any person who willfully and intenti onally, or with reckless disregard for the risk of great bodily injury, as def ined by Section 12022.7 of the Penal Code, to, or death of, any person emits an air contaminant in violation of

Section 41700 that causes great bodily injury to , or death of, any person is guilty of a public offense, and is punishable by a fine of not more than two hundred fifty thousand dollars ($250,000), or imprisonment in a county jail for not more than one year, or both that fine and imprisonment, or is punishable by a fine of not more than two hundred fifty thousand dollars ($250,000), or imprisonment pursuant to subdivision (h) of Section 1170 of t he Penal Code, or by both that fine and imprisonment. If the def endant is a corporation, the maximum fine may be up to one million dollars ($1,000,000). (d) Each day during any portion of which a violation occurs constitutes a separate offense. (e) This section does not preclude p unishment under Section 189 or 192 of the Penal Code or any ot her provision of law t hat provides a more severe punishment. (f) For the purposes of this section: (1) "Great bodily injury" means gr eat bodily injury as defined by

Section 12022.7 of the Penal Code. (2) "Unreasonable risk of great bodily injury or death" means substantial probability of great bodily injury or death.

Section 42400.3.5. Knowing violations; Penalties (a) Any person who knowingly violates any rule, regulation, permit, order, fee requirement, or filing requirement of the state board or of a district, including a district hearing board, that is adopted for the control of toxic air contaminants pursuant to Part 1 (commencing with Section 39000) to Part 4 (commencing with Sectio n 41500), inclusive, and for which delegation or approval of implementation and enfor cement authority has been obtained pursuant to subdivision ( l) of Section 112 of the Clean Air Act (42 U.S.C. Sec. 7412( l)), or the regulations adopted pursuant thereto, is guilty of a misdemeanor and is subject to a fine of not more than ten thousand dollars ( $10,000) or imprisonment in the county jail for not more than six months, or both. (b) Any person who knowingly make s any false material statement, representation, or certification in any form or in any notice or report required by a rule or regulation adopted or permi t issued for the control of toxic air contaminants pursuant to Part 1 (commencing with Section 39000) to Part 4 (commencing with Section 41500), inclusive, and for which delegation or approval of implementation and enforcement authority has been obtained pursuant to subdivision ( l) of Section 112 of the Clean Air Act (42 U.S. C. Sec. 7412( l)), or the regulations adoptedAttachment 1 A1-10 pursuant thereto, or who knowingl y renders inaccurate any monitoring device required by that toxic air contam inant rule, regulation, or permit is subject to a fine of not more than th irty-five thousand doll ars ($35,000) or imprisonment in the county jail for not more than nine months, or both. (c) Any person who, knowingly and with intent to deceive, falsifies any document required to be kept pursuant to any provision of this part, or any rule, regulation, permit, notice to comply, or order of the state board or of a district, is punishable as provided in subdivision (b). (d) Subdivisions (a) and (b) shall apply onl y to those violations that are not otherwise subject to a fine of ten thousand dollars ($10,000) or more pursuant to Section 42400. 1, 42400.2, or 42400.3.

Section 42400.4. Knowing violation of federally enforceable permit condition, fee, or filing requirement (a) In any district where a Title V permit program has been fully approved by

the federal Environmental Protecti on Agency, any person who knowingly violates any federally enforceable pe rmit condition or any fee or filing requirement applicable to a Title V source is guilty of a misdemeanor and is subject to a fine of not more than ten thousand dollars ($10,000). (b) In any district in which a Title V permit program has been fully approved by the federal Environmental Pr otection Agency, any person who knowingly makes any false material statement, representation, or certification in any form or in any notice or report required of a Title V source of a federally enforceable permit requirem ent, or who knowingly renders inaccurate any monitoring devic e or method required of a Title V source, is guilty of a misdemeanor and is subject to a fine of not more

than ten thousand do llars ($10,000). (c) The recovery of civil penalties pursuant to Section 42402, 42402.1, 42402.2, or 42402.3 precludes prosecution pursuant to this section for

the same offense. When a district re fers a violation to a prosecuting agency, the filing of a criminal complaint is grounds requiring the dismissal of any civil action brought pur suant to this article for the same

offense. (d) Each day during any portion of which a violation of subdivision (a) or (b) occurs is a separate offense. (e) This section shall not become operat ive in a district until the federal Environmental Protection Agency fully approves that district's Title V permit program. (f) This section applies only to violations described in subdivisions (a) and (b) that are not otherwise subjec t to a fine of t en thousand dollars ($10,000) or more pursuant to Section 42400.1, 42400.2, or 42400.3.Attachment 1 A1-11 Section 42400.5. Cost of putting out unauthorized fires In addition to the penalties, specified in Section 42400, the co st of putting out any unauthorized open outdoor fires may be imposed on any person violating

Section 41800 or 41852.

Section 42400.6. Imposi tion of fine A fine or monetary penalty specified in Se ction 39674; subdivision (a), (b), (d), or (e) of Section 42400; Section 42402; or subdivision (a) of Section 44381 of this code, that may be imposed as the resu lt of conduct that is also subject to Chapter 5 (commencing wit h Section 17200) of Part 2 of Division 7 of the Business and Professions Code, ma y be collected either under those provisions of this code, or under that chapter of the Bu siness and Professions Code, but not under both.

Section 42400.7. Effect of recovery of civil penalties; Injunction (a) The recovery of civil penalties pu rsuant to Section 39674, 42401, 42402,
42402.1, 42402.2, 42402.3, or 42402.4 precludes prosecution under Section 42400, 42400.1, 42400.2, 42400.3, 42400.3.5, or 42400.4 for

the same offense. When a district re fers a violation to a prosecuting agency, the filing of a criminal complaint is grounds requiring the dismissal of any civil action brought pur suant to this article for the same

offense. (b) If the pending civil acti on described in subdivision (a) includes a request for injunctive relief, that portion of the civil action shall not be dismissed upon the filing of a criminal complaint for the same offense.

Section 42400.8. Determination of amount of fine (a) In determining the amount of fine to impose pursuant to Sections 42400,
42400.1, 42400.2, 42400.3, 42400.3.5, and 42400.4, the court shall

consider all relevant circumstances , including, but not limited to, the following: (b) The extent of harm ca used by the violation. (c) The nature and persistenc e of the violation. (d) The length of time over which the violation occurs. (e) The frequency of past violations. (f) The record of maintenance. (g) The unproven or innovative nat ure of the control equipment. (h) Any action taken by the person incl uding the nature, extent, and time of response of any cleanup and construction undertaken, to mitigate the

violation. (i) The financial burden on the defendant. (j) Any other circumstances the court deems relevant.Attachment 1 A1-12 Section 42401. Violation of abatem ent order; Civil penalty Any person who intentionally or negligent ly violates any order of abatement issued by a district pursuant to Sect ion 42450, by a hearing board pursuant to Section 42451, or by the state board pur suant to Section 41505 is liable for a civil penalty of not more than twenty -five thousand dollars ($25,000) for each day in which the violation occurs.

Section 42402. Violation of emissi on limitations; Civil penalty (a) Except as provided in Sections 42402.1, 42402.2, 42402.3, and 42402.4, any person who violates this part, any order issued pursuant to Section 42316, or any rule, regulati on, permit, or order of a district, including a district hearing board, or of the state board issued pursuant to Part 1 (commencing with Secti on 39000) to Part 4 (commencing with Section 41500), inclusive, is strictly liable for a civil penalty of not more

than one thousand do llars ($1,000). (b) (1) Any person who violates any pr ovision of this part, any order issued pursuant to Section 42316, or any rule , regulation, permit or order of a district, including a district hearing board, or of the state board issued pursuant to Part 1 (commenci ng with Section 39000) to Part 4 (commencing with Section 41500), inclusiv e, is strictly liable for a civil penalty of not more than t en thousand dollars ($10,000). (2) (A) If a civil penalty in exce ss of one thousand dollars ($1,000) for each day in which a violation occurs is sought, there is no liability under this subdivision if the person accused of the violation alleges by affirmative defense and establishes that the violation was caused by an act that was not the result of intentional nor negligent conduct. (B) Subparagraph (A) shall not appl y to a violation of federally enforceable requirements that occu r at a Title V source in a district in which a Title V permit program has been fully approved. (C) Subparagraph (A) does not apply to a person who is determined to have violated an annual facility emissions cap established pursuant to a ma rket based incentive program adopted by a district pursuant to subdivision (b) of Section

39616. (c) Any person who owns or operates any source of air contaminants in

violation of Section 41700 that caus es actual injury, as defined in subdivision (d) of Section 42400, to the health and safety of a considerable number of persons or t he public, is liable for a civil penalty

of not more than fifteen thousand dollars ($15,000). (d) Each day during any portion of wh ich a violation occurs is a separate

offense.Attachment 1 A1-13 Section 42402.1. Negligent emission of air contaminants; Operation of

source of contaminants which cause actual injury; Civil penalties (a) Any person who negligently emits an air contaminant in violation of this part or any rule, regulation, permit, or order of the st ate board or of a district, including a district hear ing board, pertaining to emission regulations or limitations is liable for a civil penalty of not more than twenty-five thousand dollars ($25,000). (b) Any person who negligent ly emits an air contami nant in violation of

Section 41700 that causes great bodily injury, as defined by Section 12022.7 of the Penal Code, to any per son or that causes the death of any person, is liable for a civil penalty of not more than one hundred thousand dollars ($100,000). (c) Each day during any portion of which a violation occurs is a separate

offense.

Section 42402.2. Failure to take corr ective actions; Civil penalties (a) Any person who emits an air contaminant in violation of any provision of this part, or any order, rule, regulation, or permit of the state board or of a district, including a district hear ing board, pertaining to emission regulations or limitations, and who k new of the emission and failed to take corrective action, as defined in subdivision (b) of Section 42400.2, within a reasonable period of time under the circumstances, is liable for a civil penalty of not more than forty thousand dollars ($40,000). (b) Any person who owns or operates any source of air contaminants in

violation of Section 41700 that causes great bodily injury, as defined by Section 12022.7 of the Penal Code, to any person or that causes the death of any person, and who knew of the emission and failed to take corrective action, as defined in subdi vision (b) of Section 42400.2, within a reasonable period of time under the circumstances, is liable for a civil penalty not to exceed two hundred fi fty thousand dollars ($250,000). (c) Each day during any portion of which a violation occurs is a separate

offense.

Section 42402.3. Willful and intenti onal emission of air contaminant; Penalty (a) Any person who willfully and intenti onally emits an air contaminant in violation of this part or any rule, re gulation, permit, or order of the state board, or of a district, including a district hearing board, pertaining to emission regulations or lim itations, is liable for a civil penalty of not more than seventy-five thousand dollars ($75,000). (b) Any person who willfully and intenti onally, or with reckless disregard for the risk of great bodily injury, as def ined by Section 12022.7 of the Penal Code, to, or death of, any person, emits an air contam inant in violation of

Section 41700 that results in an unreas onable risk of great bodily injuryAttachment 1 A1-14 to, or death of, any person, is liable for a civil penalty of not more than one hundred twenty-five thousand dollars ($125,000). If the violator is a corporation, the maximum penalty may be up to five hundred thousand dollars ($500,000). (c) Any person who willfully and intenti onally, or with reckless disregard for the risk of great bodily injury, as def ined by Section 12022.7 of the Penal Code, to, or death of, any person, emits an air contam inant in violation of

Section 41700 that causes great bodily injury, as defined by Section 12022.7 of the Penal Code, to any pers on or that causes the death of any person, is liable for a civil penalty of not more than two hundred fifty thousand dollars ($250,000) . If the violator is a corporation, the maximum penalty may be up to one million dollars ($1,000,000). (d) Each day during any portion of which a violation occurs is a separate

offense.

Section 42402.4. Penalty for know ing falsification of document Any person who knowingly and with intent to deceive, falsifies any document required to be kept pursuant to any pr ovision of this part, or any rule, regulation, permit, or order of the state boar d or of a district, including a district hearing board, is liable for a civ il penalty of not more than thirty-five thousand dollars ($35,000).

Section 42402.5. Administrati ve civil penalties In addition to any civil and criminal pena lties prescribed under this article, a district may impose administrative civil pena lties for a violation of this part, or any order, permit, rule, or regulation of the state board or of a district, including a district hearing board, adopt ed pursuant to Part 1 (commencing with Section 39000) to Part 4 (commenc ing with Section 41500), inclusive, if the district board has adopted rules and r egulations specifying procedures for the imposition and amounts of these penalti es. No administrative civil penalty levied pursuant to this section may exceed five hundred dollars ($500) for each violation. However, nothing in this section is intended to restrict the authority of a district to negotiate mu tual settlements under any other penalty provisions of law which exce ed five hundred dollars ($500).

Section 42403. Civil actions; De termination of penalty (a) The civil penalties prescribed in Sections 39674, 42401, 42402, 42402.1, 42402.2, and 42402.3 shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General, by any district a ttorney, or by the attorney for any

district in which the violation o ccurs in any court of competent jurisdiction.Attachment 1 A1-15 (b) In determining the amount assess ed, the court, or in reaching any settlement, the district, shall take into consideration all relevant circumstances, including, but not limited to, the following: (1) The extent of harm ca used by the violation. (2) The nature and persistence of the violation. (3) The length of time over which the violation occurs. (4) The frequency of past violations. (5) The record of maintenance. (6) The unproven or innovative nat ure of the control equipment. (7) Any action taken by the defendant, including the natur e, extent, and time of response of the cleanup and construction undertaken, to mitigate the violation. (8) The financial burden to the defendant.

Section 42403.5. Discharge from idling engine of diesel-powered bus (a) Notwithstanding Section 42407, any violation of Section 41700 resulting from the engine of any diesel-powered bus while idling shall subject the owner to civil penalties assessed under this article, which may be recovered pursuant to Section 42403 by the Attorney General, by any district attorney, or by the attorney for any district in which the violation occurs in any court of competent jurisdiction. (b) There is no liability under subdivisi on (a) if the person accused of the violation establishes by affirmative defense that the ex tent of the harm

caused does not exceed the benefit accrued to bus passengers as a result of idling the engine.

Section 42404. Civil actions; Precedence An action brought pursuant to Section 42403 to recover such civil penalties shall take special precedence over all ot her civil matters on the calendar of the court except those matters to whic h equal precedence on the calendar is granted by law.

Section 42404.5. Commencemen t of limitation period Any limitation of time appl icable to actions brought pursuant to Section 42403

shall not commence to run until the o ffense has been discovered, or could reasonably have been discovered.Attachment 1 A1-16 Section 42405. Payment of penalty In an action brought pursuant to Secti on 42403 by the Attorney General on behalf of a district, one-half of the penalty collected shall be paid to the

treasurer of the district on whose behalf judgment was entered, and one-half of the penalty collected shall be paid to the State Treasurer for deposit in the

General Fund. If the action is brought by the Attorney General on beh alf of the state board, the entire penalty collected shall be paid to the State Treasurer for deposit in

the General Fund. If the action is brought by a district attorney or by an attorney for a district, the entire amount of the penalty collected shall be paid to the treasurer of the

district on whose behal f judgment was entered.

Section 42405.1. Rewards for informants (a) Any person who provides information that materially contributes to the imposition of a civil penalty or crim inal fine against any person for violating any provision of this part or any rule, r egulation, or order of a district pertaining to mobile source emission regulations or limitations shall be paid a reward pursuant to regulations adopted by the district under subdivision (f). The reward s hall not exceed 10 percent of the amount of the civil penalty or criminal fine collected by the district, district attorney, or city attorney. The distri ct shall pay the reward to the person who provides information that results in the imposition of a civil penalty, and the city or the county shall pay the reward to the person who provides information that results in t he imposition of a criminal fine. No reward paid pursuant to this subdivision shall exceed five thousand dollars ($5,000). (b) No informant shall be eligible for a reward for a violation known to the district, unless the informa tion materially contributes to the imposition of criminal or civil penalties for a vi olation specified in this section. (c) If there is more than one informant for a single violation, the first notification received by t he district shall be eligib le for the reward. If the notifications are postmar ked on the same day or telephoned notifications are received on the same day, the reward shall be divided equally among those informants. (d) Public officers and employees of the United States , the State of California, or districts, c ounties, and cities in California are not eligible for the reward pursuant to subdivision (a), unless reporting of those violations does not relate in any m anner to their responsibilities as public officers or employees. (e) An informant who is an employee of a business and who provides

information that the business violated this part is not eligible for a reward if the employee intentional ly or negligently caused the violation or if the employee's primary and regular respons ibilities included investigating the violation, unless the business knowingly caused the violation.Attachment 1 A1-17 (f) The district shall adopt regulations that establish procedures for a determination of the accuracy and valid ity of information provided and for the receipt and review of claims for payment of rewards. All decisions concerning the eligibility for a reward and the mate riality of the provided information shall be made pursuant to these regulations. In each case brought under subdivision (a), the distric t, the office of t he city attorney, or the district attorney, whichever office brings the action, shall determine whether the information materially contributed to the imposition of civil or crim inal penalties for violating any provision of this part or any rule, regulation, or order of a district pertaining to emission regulations or limitations. (g) The district shall continuously pub licize the availability of the rewards pursuant to this section for persons who provide information pursuant to

this section. (h) Claims may be submitted only for those referrals made on or after January 1, 1989.

Section 42405.5. Reimbursement of government agency for cost and expenses incurred in preparing and prosecuting case (a) If any state or local government agency provides assistance in the investigation, data collect ion, or monitoring, prepar ation, or prosecution of an action to recover civil penalties pursuant to Section 42401, 42402, 42402.1, or 42402.2, and that assistance is provided in coordination with

the state board or a dist rict prosecuting the action, that agency shall be reimbursed out of the proceeds of t he penalty collected for its costs and expenses incurred in pr oviding the assistance. (b) If the penalty collected is insufficient to fully reimburse the state board or district for the costs and expenses incurred in preparing and prosecuting the case and another agency or agencie s for the costs and expenses incurred in assisting in the case, the amount collected shall be prorated among the state board or district and the assist ing agency or agencies,

on the basis of costs and ex penses incurred by each. (c) This section does not apply wher e there is an express agreement

between the state board or dist rict and another agency or agencies regarding reimbursement for assistance services and expenses.

Section 42406. Lien on vessel To secure a civil penalty imposed pursuant to this article on the operation of a vessel, the district shall have a lien on the vessel which may be recovered in an action against the vessel in accordance with the provisions of Article 3 (commencing with Section 490), Chapter 2, Divisi on 3 of the Harbors and Navigation Code, except that no undertaki ng shall be required to be filed by

the district board as a condition to t he issuance of a writ of attachment.Attachment 1 A1-18 Section 42407. Scope of article Except as provided in Chapter 3.4 (commencing with Section 39640) of

Part 2 and Sections 40720 and 42403.5, this article is not applicable to

vehicular sources.

Section 42408. Tampering with air po llution monitoring equipment (a) Any person who tampers with any ambient air monitoring equipment, including related recording equipm ent, owned or operated by a county, unified or regional air pollution cont rol district, air quality management district, or by the State of Califor nia, is guilty of a misdemeanor, and is liable in a civil action for damages c aused by the tampering to the owner or operator of the equipment. (b) For purposes of this section, "tampering" means any unauthorized, intentional touching or other conduct affecting the operational status of monitoring equipment which has the potent ial to invalidate data collected from the monitoring activity.

Section 42409. List of pot ential violations Every district shall publish in writi ng and make available to any interested party a list which describes potential viol ations subject to penalties under this

article. The list shall also includ e the minimum and maximum penalties for each violation which may be assessed by a district pursuant to this article.

Section 42410. Administrative penalty as alternative to civil penalty; Limitations; Construction of section; Report to Governor and Legislature (a) As an alternative to seeking ci vil penalties under Se ctions 39674, 42401, 42402, 42402.1, 42402.2, and 42402.3 for a violation of regulations of the state board, the state board ma y impose an administrative penalty, as specified in this section. An y administrative penalty imposed under this section shall be imposed as an alternative to, and not in addition to, a civil penalty imposed pursuant to this article. No administrative penalty imposed by the state board pursuant to this section shall exceed the

amount that the stat e board is authorized to seek as a civil penalty for the applicable violation, and no admin istrative penalty imposed pursuant

to this section shall exceed ten t housand dollars ($10,000) for each day in which there is a violation up to a maximum of one hundred thousand dollars ($100,000) per penalty assessment proceeding. (b) Nothing in this section restrict s the authority of t he state board to negotiate mutual settlements under any other penalty provision of law that exceeds ten thousand dollars ( $10,000) for each day in which there

is a violation of one hundred thous and dollars ($100,000) per penalty assessment proceeding.Attachment 1 A1-19 (c) The administrative penalties authorized by this section shall be imposed and recovered by the stat e board in administrative hearings established pursuant to Article 3 (commencing with Section 60065.1) and Article 4 (commencing with Section 60075.1) of Subchapter 1.25 of Chapter 1 of

Division 3 of Title 17 of the Californi a Code of Regulations, except that the hearings shall be conducted by an administrative law judge appointed by the Office of Administrative Hearings. (d) Nothing in this section authorizes the state board to seek penalties for categories of violations for whic h the state board may not recover penalties in a civil action. (e) If the state board imposes any administrative penalties pursuant to this section, the state board may not bring any action pursuant to, or rely upon, Chapter 4 (commencing with Section 17000) of Part 2 of

Division 7 of the Business and Professions Code. (f) In determining the amount of any administrative penalty imposed pursuant to this section, the state boar d shall take into consideration all relevant circumstances, including, but not limited to, those factors specified in subdivision (b) of Section 42403. (g) After an order imposing an administrative penalty becomes final pursuant to the hearing procedures i dentified in subdivision (c), and no petition for a writ of mandate has been filed within the time allotted for seeking judicial review of the or der, the state board may apply to the Superior Court for the County of Sacramento for a judgment in the amount of the administrative penalt y. The application, which shall include a certified copy of the final order of the administrative hearing officer, shall constitute a sufficient showing to warrant the issuance of the judgment. (h) For any violation that is within t he enforcement jurisdiction of both the state board and the districts, the state board may impose an administrative penalty pursuant to this se ction only if the district in which

the violation has occurred has not commenced an enforcement action

for that violation. (i) This section is not intended, and s hall not be construed, to grant the state board authority to assess an administrative penalty for any category of violation that was not subject to enforcement by the state board as of January 1, 2002. (j) Any administrative penalty assessed pursuant to this section shall be paid to the State Treasurer fo r deposit in the General Fund. (k) A party adversely affected by the final decision in the administrative hearing may seek independent judicial review by filing a petition for a

writ of mandate in accordance with Section 1094.5 of the Code of Civil

Procedure. (l) This section shall only apply to violations that occur on or after January 1, 2002. (m) On or before January 30, 2005, t he state board shall prepare and submit to the Legislature and the Gove rnor a report summarizing theAttachment 1 A1-20 administrative penalties imposed by the state board pursuant to this section for calendar y ears 2002, 2003, 2004, and 2005.

Section 42450. Issuance by di strict board; Hearing The district board may, after notic e and a hearing, issue an order for

abatement whenever it finds that any person is constructing or operating any article, machine, equipment, or other c ontrivance without a permit required by this part, or is in violation of Sect ion 41700 or 41701 or of any order, rule, or regulation prohibiting or limit ing the discharge of air contaminants into the air. In holding such a hearing, the distri ct board shall be vested with all the powers and duties of the hearing board. Notice shall be given, and the hearing shall be held, pursuant to C hapter 8 (commenc ing with Section 40800) of Part 3.

Section 42450.1. Applicat ion of article This article applies to any order for abatement issued pursuant to a

determination made under Section 42301.7.

Section 42451. Issuance by hearing board; Stipulated orders (a) On its own motion, or upon the moti on of the district board or the air pollution control officer, the hearing board may, after notice and a hearing, issue an order for abatement whenever it finds that any person is constructing or operating any arti cle, machine, eq uipment, or other contrivance without a permit required by this part, or is in violation of Section 41700 or 41701 or of any order, rule, or regulation prohibiting or limiting the discharge of air contaminants into the air. (b) As an alternative to subdivisi on (a), the hearing board may issue an order for abatement pursuant to the sti pulation of the air pollution control officer and the person or persons a ccused of constructing or operating any article, machine, equipment, or other contrivance without a permit required by this part, or of viol ating Section 41700 or 41701, or any order, rule, or regulation prohibiting or limiting the discharge of air contaminants into the air, upon the terms and conditions set forth in the stipulation, without making the fi nding required under subdivision (a). The hearing board shall, however, in clude a written explanation of its

action in the order for abatement.Attachment 1 A1-21 Section 42452. Form of order

The order for abatement shall be framed in the manner of a writ of injunction requiring the respondent to refrain from a particular act. The order may be conditional and require a respondent to re frain from a particular act unless certain conditions are met. The order shall not have the effect of permitting a

variance unless all the conditions for a va riance, including limitation of time,

are met.

Section 42453. Injunction against violations A proceeding for mandatory or prohibitory injunction shall be brought by the district in the name of the people of t he State of California in the superior court of the county in whic h the violation occurs to enjoin any person to whom an order for abatement pursuant to Se ction 42452 has been directed and who

violates such order.

Section 42454. Injunction proceedings Proceedings under Section 42453 shall conform to the requirements of Chapter 3 (commencing with Section 525), Title 7, Part 2 of the Code of Civil Procedure, except that it shall not be necessary to show lack of adequate remedy at law or to show irreparable damage or loss. If, in any such proceeding, it shall be shown that an order for abatement has been made, that it has become final , and that its operation has not been stayed, it shall be sufficient proof to warrant the grantin g of a preliminary injunction. If, in addition, it shall be shown that the respondent continues, or threatens to continue, to violate such order for abat ement, it shall be sufficient proof to warrant the immediate granting of a temporary restraining order.[This page intentionally blank]

### ATTACHMENT 2

CALIFORNIA GOVERNME NT CODE AND

CALIFORNIA CODE OF REGULATIONS SECTIONS

SUBMTTED FOR APPROVAL AS PART OF

CALIFORNIA’S STATE IM PLEMENTATION PLAN[This page intentionally blank]Attachment 2 A2-i TABLE OF CONTENTS

Government Code Sect ion 8204 8 ............................................................................ A2-1

Government Code Sect ion 8710 3 ............................................................................ A2-1

Government Code Sect ion 8730 2 ............................................................................ A2-2 California Code of Regulations, Title 2, section 18700. Basic Rule; Guide to

Conflict of Intere st Regulations ........................................................................... A2-3 California Code of Regulations, Title 2, secti on 18701. Public Official, Definitions ... A2-5[This page intentionally blank]Attachment 2 A2-1 ATTACHMENT 2

California Government Code and Califor nia Code of Regulations Sections Submitted for Approval as Part of Ca lifornia’s State Implementation Plan

Government Code Section 82048. (a) “Public official” means every member , officer, employee or consultant of a state or local government agency. (b) Notwithstanding subdivision (a), “public official” does not include the following: (1) A judge or court commissioner in the judicial branch of government. (2) A member of the Board of Go vernors and designated employees of the

State Bar of California. (3) A member of the Judicial Council. (4) A member of the Commission on J udicial Performance, provided that he or she is subject to the provisi ons of Article 2.5 (commencing with Section 6035) of Chapter 4 of Division 3 of the Business and Professions Code as provided in Se ction 6038 of that article. (5) A federal officer or employee servi ng in an official federal capacity on a state or local government agency.

Government Code Section 87103. A public official has a financial interest in a decision within the meaning of Section 87100 if it is reasonably foreseeabl e that the decision will have a material financial effect, distinguishable from it s effect on the public generally, on the official, a member of his or her immedi ate family, or on any of the following: (a) Any business entity in which the public official has a direct or indirect investment worth two thousand dollars ($2,000) or more. (b) Any real property in which the public o fficial has a direct or indirect interest worth two thousand dollars ($2,000) or more. (c) Any source of income, except gi fts or loans by a commercial lending institution made in the regular course of business on terms available to the public without regard to official st atus, aggregating five hundred dollars ($500) or more in value provided or promised to, received by, the public official within 12 months prior to the time when the decision is made. (d) Any business entity in wh ich the public official is a director, officer, partner, trustee, employee, or holds any position of management. (e) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating two hundred fifty dollars ($250) or more in value provided to, received by, or promised to the public official within 12 months prior to the

time when the decision is made. The am ount of the value of gifts specified by this subdivision shall be adjusted biennially by the commission to equal the same amount determined by the co mmission pursuant to subdivision (f)

of Section 89503.Attachment 2 A2-2 For purposes of this section, indirect investment or interest means any investment or interest owned by the spouse or dependent child of a public official, by an agent on behalf of a public offi cial, or by a busine ss entity or trust in which the official, the official’s agents, spouse, and dependent children own directly, indirectly, or beneficially a 10-percent inte rest or greater.

Government Code Section 87302.

Each Conflict of Interest Code sha ll contain the following provisions: (a) Specific enumerati on of the positions within the agency, other than those specified in Section 87200, which involve the making or participation in the making of decisions which may foreseeably have a material effect on any

financial interest and for each such enum erated position, the specific types of investments, business positions, inte rests in real property, and sources of income which are reportable. An invest ment, business position, interest in real property, or source of income s hall be made reportabl e by the Conflict of Interest Code if the business entity in which the investment or business position is held, the interest in real property, or the income or source of income may foreseeably be affected materially by any decision made or participated in by the designated employ ee by virtue of his or her position. (b) Requirements that eac h designated employee, other than those specified in Section 87200, file stat ements at times and under circumstances described in this section, disclosing report able investments, business positions, interests in real property and income. The information disclosed with respect to reportable investments, interests in real property, and income shall be the same as the information required by Sections 87206 and 87207. The first

statement filed under a Conflict of Interest Code by a designated employee shall disclose any reportable investment s, business positions, interests in real property, and income. An initia l statement shall be filed by each designated employee within 30 days after the effective date of the Conflict of Interest Code, disclosing investment s, business positions, and interests in real property held on the effective date of the Conflict of Interest Code and income received during the 12 months before the effective date of the Conflict of Interest Code. Thereafter, each new designated employee shall file a statement within 30 days after assu ming office, or if subject to State Senate confirmation, 30 days after bei ng appointed or nominated, disclosing investments, business positions, and interests in real property held on, and income received during the 12 months bef ore, the date of assuming office or the date of being ap pointed or nominated, respectively. Each designated employee shall file an annual statement, at the time specified in the Conflict of Interest Code, disclosing report able investments, business positions, interest in real property and income hel d or received at any time during the previous calendar year or since th e date the designated employee took office if during the calendar year. Every designated employee who leaves office shall file, within 30 days of l eaving office, a statement disclosing reportable investments, business positi ons, interests in real property, andAttachment 2 A2-3 income held or received at any time during the period between the closing

date of the last statement required to be filed and the date of leaving office. (c) Specific provisions setting forth any circumstances under which designated employees or categories of desi gnated employees must disqualify themselves from making, participating in the making, or using their official position to influence the making of any decision. Disqualification shall be required by the Conflict of Interest Code when the designated employee has

a financial interest as defined in Se ction 87103, which it is reasonably foreseeable may be affected materially by the decision. No designated employee shall be required to disqualify himself or herself with respect to any matter which could not legally be acted upon or decided without his or her participation. (d) For any position enumerated pursuant to subdivision (a), an individual who resigns the position within 12 months following initial appoi ntment or within 30 days of the date of a not ice mailed by the filing o fficer of the individual’s filing obligation, whichever is earlier , is not deemed to assume or leave office, provided that during the peri od between appointment and resignation, the individual does not make, participat e in making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virt ue of being appointed to the position. Within 30 days of the date of a notice mailed by the filing officer, the

individual shall do bot h of the following: (1) File a written resignat ion with the appoi nting power. (2) File a written stat ement with the filing office r on a form prescribed by the commission and signed under the penalty of perjury stating that the individual, during the period betw een appointment and resignation, did not make, participate in the making, or use the position to influence any decision of the agency or receiv e, or become entitled to receive, any form of payment by virtue of being appointed to the position.

California Code of Regulations, Title 2, section 18700. Basic Rule; Guide to Conflict of Interest Regulations. (a) No public official at any level of state or local government may make, participate in making or in any way us e or attempt to use his/her official position to influence a governmental decision in which he/she knows or has reason to know he/she has a disqualifying co nflict of interest. A public official

has a conflict of interest if the dec ision will have a reasonably foreseeable

material financial effect on one or more of his/her economic interests, unless the public official can establish either: (1 ) that the effect is indistinguishable

from the effect on t he public generally, or (2) a public official's participation is legally required. (b) To determine whether a given indivi dual has a disqualifying conflict of

interest under the Political Reform Ac t, proceed with the following analysis:Attachment 2 A2-4 (1) Determine whether the individual is a public official, within the meaning of the Act. (See Government Code section 82048; 2 Cal. Code Regs. § 18701.) If the individual is not a public official, he or she does not

have a conflict of interest within t he meaning of the Political Reform

Act. (2) Determine whether the public offici al will be making, participating in making, or using or attempting to use his/her official position to influence a government decision. (See 2 Cal. Code Regs. § 18702.) If the public official is not making, pa rticipating in making, or using or attempting to use his/her official position to influence a government decision, then he or she does not have a conflict of interest within the meaning of the Political Reform Act. (3) Identify the public official's econom ic interests. (See 2 Cal. Code Regs. § 18703.) (4) For each of the public official's economic interests, determine whether that interest is directly or indi rectly involved in the governmental decision which the public official will be making, participating in making, or using or attempting to use his/her official position to influence. (See 2 Cal. Code Regs. § 18704.) (5) Determine the applicable mate riality standard for each economic interest, based upon the degree of involvement determined pursuant to California Code of Regulations, ti tle 2, section 18704. (See 2 Cal. Code Regs. § 18705.) (6) Determine whether it is reasonab ly foreseeable that the governmental

decision will have a material financia l effect (as defined in California Code of Regulations, title 2, sect ion 18705) on each economic interest identified pursuant to California C ode of Regulations, title 2, section 18703. (See 2 Cal. Code Regs. § 18706.) If it is not reasonably

foreseeable that there will be a material financial effect on any of the public official's economic interests, he or she does not have a conflict of interest within the meaning of t he Political Reform Act. If it is reasonably foreseeable that there will be a material financial effect on any of the public official's economic in terests, and the official does not participate in the decision, determi ne whether the official may segment the decision into separate decisions to allow his or her participation in subsequent decisions. (See 2 Cal. Code Regs. § 18709.) (7) Determine if the reasonably fo reseeable financial effect is distinguishable from the effect on t he public generally. If the official can establish that the reasonably fores eeable material financial effect on

his or her economic interest is indi stinguishable from the effect on the public generally, he or she does not hav e a conflict of interest within the meaning of the Political Reform Act. If the reasonably foreseeable material financial effect on the public official's economic interest is distinguishable from the effect on the public generally, he or she has a

conflict of interest within the meani ng of the Political Reform Act. (See 2 Cal. Code Regs. § 18707.)Attachment 2 A2-5 (8) Determine if the public official's pa rticipation is legally required despite

the conflict of interest. If the offici al can establish that his or her participation is legally required, he or she may participate in the governmental decision despite the conf lict of interest. (See 2 Cal. Code Regs. § 18708.)

California Code of Regulations, Titl e 2, section 18701. Public Official,

Definitions. (a) For purposes of Government C ode section 82048, which defines “public official,” and Government Code sect ion 82019, which defines “designated employee,” the followi ng definitions apply: (1) “Member” shall include, but not be limited to, salaried or unsalaried members of committees, boards or commissions with decisionmaking authority. (A) A committee, board or co mmission possesses decisionmaking authority whenever: (i) It may make a final governmental decision; (ii) It may compel a governmental decision; or it may prevent a governmental decision either by reason of an exclusive power to initiate the decision or by reason of a veto that may not be overridden; or (iii) It makes substantive recomm endations that are, and over an extended period of time hav e been, regularly approved without significant amendment or modification by another public official or governmental agency. (B) A committee, board, or commission does not possess decisionmaking authority under subs ection (a)(1)(A)(i) of this regulation if it is formed for t he sole purpose of researching a topic and preparing a report or re commendation for submission to another governmental body that has final decisionmaking authority. (2) “Consultant” means an individual who, pursuant to a contract with a state or local gov ernment agency: (A) Makes a governmental decision whether to: (i) Approve a rate, ru le, or regulation; (ii) Adopt or enforce a law; (iii) Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar

authorization or entitlement; (iv) Authorize the agency to ent er into, modify, or renew a contract provided it is the ty pe of contract that requires agency approval; (v) Grant agency approval to a contract that requires agency approval and to which the agency is a party, or to the specifications for such a contract;Attachment 2 A2-6 (vi) Grant agency approval to a pl an, design, report, study, or similar item; (vii) Adopt, or grant agency approval of, policies, standards, or guidelines for the agency, or for any subdivision thereof; or (B) Serves in a staff capacity with the agency and in that capacity participates in making a governmental decision as defined in regulation 18702.2 or performs the sa me or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position sp ecified in the agency's Conflict

of Interest Code under Gove rnment Code section 87302. (b) For purposes of Government Code section 87200, the following definitions apply: (1) “Other public officials who manage public invest ments” means: (A) Members of boards and co mmissions, including pension and retirement boards or commissions, or of committees thereof, who exercise responsibility for the ma nagement of public investments; (B) High-level officers and em ployees of public agencies who exercise primary responsibility for the management of public investments, such as chief or prin cipal investment officers or chief financial managers. This category shall not include officers and employees who work under the s upervision of the chief or principal investment officers or the chief financia l managers; and (C) Individuals who, pursuant to a contract with a state or local government agency, perform the sa me or substantially all the

same functions that would other wise be performed by the public officials described in subdivision (b)(1)(B) above. (2) “Public investments” means the investment of public moneys in real estate, securities, or other econom ic interests for the production of

revenue or other financial return. (3) “Public moneys” means all mone ys belonging to, received by, or held by, the state, or any city, county, town, district, or public agency therein, or by an officer thereof acting in his or her official capacity, and includes the proceeds of a ll bonds and other evidences of indebtedness, trust funds held by public pension and retirement systems, deferred compensation funds held for investment by public agencies, and public moneys held by a financial institution under a trust indenture to which a public agency is a party. (4) “Management of public inve stments” means the following nonministerial functions: directing the investment of public moneys; formulating or approving investment policies; approving or establishing guidelines for asset allocations; or approving investment transactions.

### ATTACHMENT 3

2013 ANNUAL MONITORING NETWORK REPORTS

INCLUDED FOR INFORMATION ONLY

AND NOT TO BE INCLUDED IN CALIFORNIA’S

STATE IMPLEMENTATION PLAN[This page intentionally blank]Attachment 3 A3-i TABLE OF CONTENTS

2013 Annual Network R eports .................................................................................. A3-1[This page intentionally blank]Attachment 3 A3-1 ATTACHMENT 3

2013 ANNUAL MONITORING NETWORK REPORTS

INCLUDED FOR INFORMATION ONLY AND NOT TO BE INCLUDED IN

CALIFORNIA’S STATE IMPLEMENTATION PLAN

2013 Annual Network Reports

Annually, per federal regulations, the Air Re sources Board (ARB) and local air pollution control and air quality management districts (local districts or districts) evaluate the adequacy of the State monitoring network to m eet federal monitoring requirements. A more thorough assessment is conducted ev ery five years. These assessments are documented in annual monitoring network reports that are generally prepared and submitted by the Primary Qua lity Assurance Organization, or PQAO. The PQAO is the umbrella under which monitoring agencies ar e organized to ensure that monitoring is

conducted in accordance with a common set of procedures, uses common calibration facilities and standards, and is overseen by a single air quality organization.

Although the majority of Calif ornia’s districts are includ ed in the ARB PQAO, the Bay Area Air Quality Management District, San Diego County Air Pollution Control District, and South Coast Air Quality Management Dis trict operate as separate individual
PQAOs. Each of California’s four PQAOs is responsible for its monitoring network and reports directly to the Un ited States Environmental Protection Agency (U.S. EPA) on monitoring network requirements. The most recent annual monitoring network report for
each California PQAO is available on the w eb. In addition, several local districts included in the ARB PQAO comp ile their own annual report. Li nks to all of these reports are included below. All reports have been submitted to U.S. EPA for approval.

 ARB PQAO: Annual Monitoring Network Report for Twenty-three Districts in California (July 2013) ( http://www.arb.ca.gov/aqd/amnr/amnr2013.pdf )

 Great Basin Unified Air Pollution Control District: Draft 2013 Annual Air Quality Monitoring Network Plan (July 15, 2013) ( http://gbuapcd.org/Information/2013AQMNP.pdf )

 Imperial County Air Pollution Control Dis trict: Ambient Air Monitoring Annual Network Plan (July 2013) ( http://www.co.imperial.ca.us/airpollution/F orms%20&%20Documents/MONITORING/2013%20FI

NAL%20ANNUAL%20A MNP%20JULY.pdf )

 Monterey Bay Unified Air Po llution Control District: North Central Coast Air Basin

California 2013 Annual Monito ring Network Plan (June 30, 2013) ( http://www.mbuapcd.org/mbuapcd/pdf/AirM onitor/2013_Annual_Network_Planred.pdf )Attachment 3 A3-2  North Coast Unified Air Quality Managem ent District: Air Monitoring Network

Plan 2013 ( http://www.ncuaqmd.org/files/Air%20Data/NCUAQMD%20Air%20Monitoring%20Network%20Pl
an%202013.pdf )

 Sacramento Metropolitan Air Quality Management District: 2013 Annual Monitoring Network Plan (July 1, 2013) ( http://airquality.org/notices/other /2013AnnualMonitori ngNetworkPlan.pdf )

 San Joaquin Valley Air Pollution Contro l District: Annual Air Monitoring Network Plan (July 25, 2013) ( http://www.valleyair.org/aqinfo/Docs/2013/AnnualAirMonitoringNetworkPlanandAppendicesAthrou
ghH.pdf )

 San Luis Obispo County Air Pollution Control District: 2013 Ambient Air Monitoring Network Plan (May 2013) ( http://www.slocleanair.org/images/cms/upl oad/files/2013%20network%20plan.pdf )

 Santa Barbara County Air Pollution C ontrol District: Annual Air Monitoring Network Plan for Santa Barbara County (July 2013) ( http://www.sbcapcd.org/airdata/sbcapcd-air-monitor-plan-13.pdf )

 Ventura County Air Pollut ion Control District: Ambient Air Monitoring Network

Plan 2013 ( http://www.vcapcd.org/pubs/Monitoring/2013DraftMonitoringNetworkPlan.pdf )

 Bay Area PQAO: 2012 Air Monito ring Network Plan (July 1, 2013) ( http://www.baaqmd.gov/~/media/Files/Techni cal%20Services/2012_Network_Plan.ashx )

 San Diego PQAO: 2012 Ambient Air Q uality Network Plan (July 19, 2013) ( http://www.sdapcd.org/air/reports/2012_network_plan.pdf )

 South Coast PQAO: Annual Air Qualit y Monitoring Network Plan (July 2013) ( http://www.aqmd.gov/tao/AQ-Reports/AQMoni toringNetworkPlan/AQnetworkplan.htm )