ARB Resolution Number 09-34 Adopting the Proposed Revision to the 2007 State StrategyJ

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State. of Cafifornia AIR RESOURCES BOARD
Resolution 09-34 April 24, 2009 Agenda Item No.:. 09-4-8 WHEREAS, the Legislature in .Health and Safety Code section 39602 has designated the Air Resources Board (ARB or Board) as the air pollution control agency for all purposes set forth in .federal law; WH.EREAS, ARB is responsible for the preparation of the State Implementation Plan (SIP) for attaining and maintaining the national.ambient air quality'standards {NAAQS) as required by.the federal Clean Air Act (the "Act";.42 U.S.C. section 7401 et seq.), and to this end is directed by. Health and Safety Code section 39602 to coordinatek the activities of all local and. regional air pollution control and air quality management districts (districts)- necessary. to comply with the Act; WHEREAS, section 39602 of the Health and Safety Code also provides that the SIP shall include only those provisions necessary 

## to meet the requirements of the Act; WHEREAS, ARB has primary responsibility for the-control of air pollution from vehicular sources, including motor vehicle fuels,-as specifed in sections .39002, 39500, and part 5 .(cornmencing with section 43000) of the Health and Safety Code; and for ensuring that the Districts meet their responsibilities under the Act pursuant .to sections 39002 1 39500, 396.02, 40469, and.41650 of the Health and Safety Code; ( WHEREAS, ARB is authorized by Health and Safety' Code section 39600 to do such acts as may be necessary for the proper execution of its powers and duties; WHEREAS, in July 1997 the United States Environmerital Protection.Agency. (U.S. EPA) promulgated a new

. 8-hour NAAQS for ozone of less than 0.08 parts per million; WHEREAS, in July 1997 U.S. EPA promulgated a new particulate matter NAAQS for . particulates.that are less than two and a half microns.'in diameter (PM2.5); the standard is less than 65 micrograms per cubic meter for 24 hours and an annual average of less than 15 micrograms per cubic meter; WHEREAS, the Act and U.S. EPA regulations require the State of California to submit to U.S. EPA a SIP to demonstrate attainment of the national 8-hour ozone standard .for all ozone nonattainment areas designated as basic, moderate, serious, severe, and extreme;

### Resolution 09-34 2

WHEREAS,. U.S. EPA's guidance requires each nonattainment area to submit a demonstration that it has adopted all reasonably 

# available control .measures (RACM) necessary to demonstrate attainment as expeditiousiy as practicable; WHEREAS, section 110(I) of 

### the Act and title 40- C:F.R. section 51.102 require that one or more public hearings, preceded by at Ieast 30 days notice and opportunity for 

### public review, must be condu.cted prior.to the adoption and submittal to U.S. EPA of any SIP revision; V1/HEREAS, the Caiifornia Environmental Quality 

### Act requires that 

# no project which may have significant adverse environmental impacts may be ad.opted as originally proposed if feasible alternatives or mitigation rrieasures are available to reduce or eliminate such impacts; unless specific 

### overrid.ing considerations are identified which outweigh the potential adverse consequences of any unmitigated impacts; . V1/HEREAS,. the Air Resources 8oard's State Strategy 

### for California's 2007 State Implementation 

### P/an'(State Strategy) ; adopted 

# on September 27, 2007„ relies ori emission reductions from already adopted State controi`programs and expected reductions from proposed new State meas:ures; WHEREAS, the State's S1P commitments in the State Strategy consist of three components: a commitment to achieve aggregate erriission reductions by specific dates, a commitment to propose defined, new SIP measures, and a long-terrn. strategy . commitment; WHEREAS, on November 16 ; 2007., ARB submitted the adopted State Strategy to 

### U.S. EPA as 

### a revision to the California 

### SIP; 1/VHEREAS, U.S."EPA staff has requested cl'arifying changes to the State Strategy to. aid U.S. EPA in its approval of California's SIP revision; WHEREAS, on M6rch'24,. 2009, AR.B staff circulated for 

### public review a Status Report . on the State Strategy for California's 2007 State,lmplementation. Plan (SIP) and Proposed Revision to the SIP Reflecting Implementation of the 2007 State Strategy (Status Report and SIP. Revision); WHEREAS, on March 26, 2009, ARB adopted the 2009 Sacramento Regional 8-Hour Ozone Attainment and Reasonable.Further Progress Pl an and committed to achieve from State measures reductions of nitrogen oxide (NOx.) emissions •of 13 tons per day (tpd) and reductions of reactive , organic gas (ROG) emissions of 11 tpd in the Sacramento area; these reductions may be achieved through a combination of actions, including regulations, incentives, and other enforceable mechanisms; WHEREAS, the Status Report and SIP Revision quantifies the emission reductions achieved to date 

# for the South Coast Air Basin and San Joaquin Valley;Resolution 09-34 3

WHEREAS, the Status Report and SIP Revision makes changes to the commitment to achieve specified emission reductions by specific dates; these changes reflect implementation of the State Strategy that has occurred since the State 'Strategy was adopted; WHEREAS, the Status Report and SIP Revision makes changes to the commitment to propose defined new SIP measures; these changes reflect regulatioris adopted in 2007 and 2008; WHEREAS, the Status Report and SIP Revision makes changes to, the long-term strategy comrriitment to provide further detail and clarification;. WHEREAS, the Status Report and SIP Revision makes other minor, technical changes to the State Strategy; WHEREAS, the proposed SIP revision-quantifies the emission reductions that have been achieved by reguiations adopted by ARB to date, and no changes have been made to the underlying commitments in the 2007 State Strategy to achieve specified emission reductions by specified dates;

_ WHEREAS, in consideration of'the Status Report and SIP Revision and the written and . &al testimon.y presented by the public, industry, and government agencies, the Board finds that:
`1. . In 2007 and 2008; ARB a.dopted rules for 10 measdres that were identified 

### in the

- 2007 State Strategy. In total, this represents 11 separate rulemakings.
2.. ARB has also adopted three rules that will achieve 

### ozone and fiine particulate matter precursor reductions that were not identified as spe.cific measures at the time the 2007 State. Strategy was adopted. °
3. California now has in place programs and regulations that 

### will achieve 95 percent of the reductions 

### in NOx needed to meet the PM2.5 standard in the San Joaquin 1lalley and 87 percent of the reductions needed'for PM2.5 attainment in the South Coast.
4. California has achieved over 93 percent of the reductions needed from near-term measures for ozone attainment in the San Joaquin Valley and ninety percent of the reductions needed in the South Coast.
5.. ARB staff has calculated emission reductions from the implementation of the State Strategy for the Sacramento area, and those reductions are 13 tpd of NOx and 11 tpd of ROG. .
6. The prQposed revision to the State Strategy identifies the regulations adopted by ARB that were proposed 'as new measures in the 2007 State Strategy.-
7. The proposed -revision to the State Strategy includes, clarifying changes requested by U.S. EPA to aid U.S. EPA approval.Resolution 09-34 :1'



### B. The proposed revision contains a commitment that.ARB will revise the State Strateg.y as may be appropriate in a 2010 mid-course review and subm it it to U.S. EPA as a SIP'revision by June 30, 2010..
9. The proposed revision to the State Strategy clarifies ARB's c.ommitment to 

### reduce emissions via a long-term strategy.to achieve reductions from new and. developing technologies. 

### 10. The proposed revision to the State Strategy includes the changes and -additions made by the Board to the Apri1.2007 draft of the State Strategy.when it adopted the State Strategy on September 27, 2.007.
11. The proposed revision includes the commitment for emission reductions from the 

### State Strategy for the Sacramento area that the Board approved on March 26, 2009.
12. The proposed revision will not result in any significant adverse. environmental . impacts. . -


### 13'. The proposed revision meets the applicable'requirements established by the Act and U.S. EPA regulations. 14.. The proposed revision meets the applicable public hearing, public notice and 

### revievii requirements established by the Act and U.S. EPA regulations. NOW, THEREFORE, BE IT RESOLVED that the Board adopts the proposed S1P 

### revision, as set forth in Attachment A to this resolution; BE IT FURTHER RESOLVED directs the Executive Officer to work with the U.S. EPA 

### and take appropriate action to resolve any.com'pleteness or.approvability issues that may arise regarding the proposed SIP revision; BE IT FURTHER RESOLVED that the Board certifies 'pursuant to 40 C..F.R.., ... 

### section 51:102'that the proposed SIP revision was adopted after notice atid public hearing as required by 40 C:F.R. section 51.102, and. directs the. Executive Officer to. submit the appropriate supporting documentation to U.S. EPA along with the approved SIP revision. 

### I herebycertify that the above is a true and correct copy of Resolution 09-34, as ad

~ opted by the Air Resources Board:

## Status Report on the 

# State Strategy

No.te: The portion of this report that is being approved as a revision to California's State Implementation Plan is pages 9 9 through 27.