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(559) 230-5800 SJVUAPCD GoverningBoard ADOPTTHEPROPOSED2013 PLANFOR THEREVOKED 1-HOUR OZONESTANDARD September19, 2013 BEFORETHE GOVERNING BOARDOF THE SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT
IN THE MATTEROF: ) RESOLUTION NO. 

### _2_0_13_-_9-_1_3

__ ADOPTING THE SAN JOAQUINVALLEY) UNIFIEDAIR POLLUTION CONTROL 

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DISTRICT 2013 PLANFOR THE REVOKED 1-HOUR OZONESTANDARD

WHEREAS, the San Joaquin Valley Unified Air Pollution Control District (District) is a duly constituted unified district, as provided in California Health and Safety Code (CH&SC) sections40150 to40161; and

WHEREAS, the United States Environmental Protection Agency (EPA) established the first ozone standard in 1979, at 0.12 parts per million (ppm) over a 1-hour exposure and 1990 federal Clean AirAct (CAA) amendments established attainment planning requirements and attainment deadlines for the 1979 1-hourozone standard; and

WHEREAS, the District's Governing Board subsequently adopted the 2004 Extreme OzoneAttainmentDemonstration Plan (2004 Plan); and

WHEREAS, the EPA revoked the 1-hourstandard effective June 15, 2005 to pursue a more health-protective 8-hour standard and adopted anti-backsliding provisions to preserve existing 1-hourozone control measure and emissions reductions obligations; this delayed EPA action on the District's 2004 Plan until 2010; and

WHEREAS, subsequent litigation challenged EPA's approval of the 2004 Plan resulting in the court vacating EPA's approval due to EPA's delayed action, and EPA withdrew its approval ofthe 2004 Plan in the Federal Register in November2012; and

WHEREAS, EPA made a Determination of "Failure to Attain" the revoked 1-hour
ozone standard in Volume 76, Number 251 of the Federal Register ((pages 82133­ 82146), effective January 30, 2012) noting in that finding that contingency measures and CAA §185fees were required when an area fails to attain; and III

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(559) 230-5800 SJVUAPCD GoverningBoard ADOPTTHEPROPOSED2013 PLANFOR THEREVOKED 1-HOUR OZONESTANDARD September19, 2013

WHEREAS, 

### the Valley's businesses and residents are currently subject to approximately $29 million ofpenalties under Section 185 due to non-attainment ofthe revoked federal 1-hourozone standard; and

WHEREAS, 

### EPAwithdrew its 2010 approval ofthe District's 2004 Plan 

### inVolume 77, Number227 ofthe Federal Register ((pages 70376-70380), effective November26, 2012) and required the Districtto submit a new plan forthe revoked 1-hourstandard that includes the following: A Rate OfProgress (ROP) demonstration; contingency measures for ROP and for attainment; an attainmentdemonstration; demonstration for ReasonablyAvailable Control Measures (RACM); ademonstrationfor cleanfuels/clean technologies are in placefor boilers; and aVehicle MilesTraveled (VMT) offset demonstration; and

WHEREAS, the District and ARB prepared this 2013 Plan for the Revoked 1-Hour Ozone Standard 

### (Plan) to demonstrate attainment of the revoked 1979 ozone standard (NAAQS) by 2017 and satisfies all federal requirements; and

WHEREAS, the District Governing Board is committed to achieving the revoked 1979 Ozone NAAQS as expeditiously as possible; and

WHEREAS, 

### the District uses extensive research and sound science as the foundation forthe Plan; and

WHEREAS, photochemical and receptor modeling conducted by the District and the California Air Resources Board (ARB) show that emission reductions from the plan strategy are sufficientto demonstrate attainment by 2017; and

WHEREAS, 

### the District conducted a comprehensive analysis of the emissions sources in the Valley and potential control measures to reduce emissions as expeditiously as practicable, given the feasibility ofcontrol technologies; and

WHEREAS, 

### the Plan will contribute to attainmentofall EPA ozone NAAQS; and WHEREAS, 

### amended regulations to be adopted through implementation ofthe Plan would be subsequently developed through public processes, which will include due consideration of technological feasibility, cost-effectiveness, socioeconomic impact,

Resolution forthe 2013 Plan forthe -2­ Revoked 1-HourOzone Standar

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SJVUAPCD 1990 E. Gettysburg Ave Fresno, CA 93726

(559) 230·5800 SJVUAPCD Governing Board ADOPTTHEPROPOSED2013 PLANFOR THEREVOKED 1-HOUR OZONESTANDARD September 19,2013 

### and environmental impact; and

WHEREAS, individual control measures may be revised 'from what is proposed in the Plan, and the District is committed to achieving equivalent emission reductions from the overall control strategy in the same time frames as proposed in the Plan; and

WHEREAS, the technical modeling work supporting the Plan could not have been accomplished withoutthe leadership, funding, and work products provided through the San Joaquin Valley-wide Air Pollution StudyAgency; and

WHEREAS, the Central California Ozone Study (CCOS) is the most recent major Study Agency field program to study ozone in the Valley and included extensive monitoring throughout the Valley and surrounding regions to provide a robust and spatially dense dataset for a large portion of California, thus providing a better understanding ofozone in the Valley; and

WHEREAS, the District prepared a VMT emissions offset demonstration for the 1­ hour and 8-hour ozone National Ambient Air Quality Standards (NAAQS) that shows the Plan and the 2007 Ozone Plan 

### comply with CAA §182(d)(1)(A): Transportation Control Measures and Transportation Control Strategies to Offset Growth in Emissions Due to Growth in Vehicle Miles Traveled

### (EPA-420-B-12-053); and

WHEREAS, the CH&SC §40911(a) requires air districts that have not attained state ambient air quality standards for ozone to prepare plans to attain these standards by the earliest practicable date. The CH&SC also requires airdistricts to prepare a report every three years summarizing progress in meeting the schedules for developing, adopting, and implementing the air pollution control measures contained in each district's plan in addition to asseSSing the progress made in the reporting period, to submit plan revisions to correct for deficiencies in meeting the airquality standard and to incorporate newdata; and

WHEREAS, the District has prepared a Triennial Progress Report and Plan Update for state ozone standards, included as an appendix to this Plan that satisfy requirements ofthe CH&SC; and

Resolution forthe 2013Plan forthe -3­ Revoked 1-HourOzone Standar5

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(559) 230·5800 SJVUAPCD Governing Board ADOPTTHEPROPOSED 2013 PLANFOR THEREVOKED 1-HOUR OZONESTANDARD September19, 2013

WHEREAS, a public hearing for the adoption of the Plan was duly noticed and held
on September 19, 2013, in accordance with law; and

WHEREAS, this Board concurs with the recommendations of its staff. NOW, THEREFORE, be it resolved as follows: 1. The District Governing Board adopts the Proposed 2013 Plan far the Revaked 1-Haur Ozane Standard, thereby fulfilling air quality planning requirements under the federal CAAfor the revoked 1-Hourozone standard. Said Plan is attached hereto and incorporated herein. 2. The District Governing Board requests EPA to set 2017 as the attainment date forthe revoked 1-hourozone NAAQS, adopted in 1979. 3. Adoption ofsaid Plan is necessaryto comply with the federal CAA. 4. The District Governing Board 'finds that the VMT offset demonstration satisfies CAA requirements for both 8-hourand 1-hourozone. 5. The District Governing Board finds that, because said Plan will have no possible significant adverse effect on the environment, the proposed actions are exempt from the provisions of the California Environmental Quality Act of 1970 (CEQA) underthe provisions ofSections 15061 (b)(3) ofthe State CEQAguidelines. 6. The Executive Director/Air Pollution Control Officer is directed to file a Notice of Exemption with the County Clerks ofeach ofthe counties in the District. 7. The District Governing Board hereby finds, based on the evidence and information presented atthe hearing upon which its decision is based, that all notices required to be given by law have been duly given, and that the District Governing Board has allowed publictestimony in accordance with law. 8. District staff is directed to work with stakeholders and EPA to ensure that rules developed as a result of adoption of the Plan address technical and economic feasibility issues identified during plan development along with those that arise during the rule development process so thatthe rules are both fair and approvable by EPA. III

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(559) 230·5800 SJVUAPCD Governing Board ADOPT THEPROPOSED 2013 PLANFOR THEREVOKED 1-HOUR OZONESTANDARD September 19,2013 

### 9. The District Governing Board commits to adopt and implement the rules and
measures in the Plan by the dates specified in Chapter 3, and to submit these rules and measures to ARB within 30 days of adoption for transmittal to EPA as a revision to the State Implementation Plan (SIP). 10.The District Governing Board commits to provide adequate resources to carry outthe provisions ofthe Plan. 11.The Executive Director/Air Pollution Control Officer is hereby directed to forward a copy ofthis Resolution, the Plan, and appropriate Appendices to the ARB for inclusion in the SIP. 12.The Executive Director/Air Pollution Control Officer is hereby directed to forward a copy of this Resolution and the appropriate Plan appendix containing the "Triennial Progress Report and Plan Update for State Ozone Standards" to the ARB to satisfy requirements forstate ozone standards underthe CH&SC. 13.The District Governing Board requests thatARB authorize its Executive Officerto include the District's 2013 Plan forthe Revoked 1-HourOzone Standard, 

### as adopted by the District's Governing Board, in the California SIPforsubmittal to EPA. 14.The District Governing Board requests that EPA approve the District's 2013 Plan forthe Revoked 1-HourOzone Standard, 

### including the rulemaking calendar and demonstrations of attainment, ROP; contingency measures for ROP and for attainment; RACM; clean fuels/clean technologies for boilers; and VMT offsets. The District Governing Board requests that EPA grant a conditional approval to any plan elementsforwhich EPA cannot, forwhatever reason, grantfull approval atthis time. 15. District staff is hereby authorized to make any minor typographical and technical changes in the Plan that are necessary to correct minor errors, clarify wording, or to satisfy ARB and EPA technical requirements, provided that there are no changes in the conclusions orcontrol requirements in the Plan. 

### III III

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### 25 SJVUAPCD Governing Board ADOPTTHEPROPOSED 2013 PLAN FOR THEREVOKED 1-HOUR OZONE STANDARD September19, 2013
1 

### IITHE FOREGOING was passed and adopted by the following vote of the Governing 2 

### II Board ofthe San Joaquin Valley Unified Air Pollution Control District this 19th day of 3 

# II September2013, to wit: 

### 4 AYES: 

### Baines, Barba, Brazil, Case, Elliott, Hanson, O'Brien, Sherriffs, Walsh, 6 

### Wheeler, Worthley, Barwick 7 

### 8 NOES: 

### None 9

11 12 13 ABSENT: 

### Bomprezzi, Couch 14 SAN**J.9AQtjfl~r'JAttE~UNIFIED** OLLUTION CONTROL DISTRICT 

### 16 17 18 19 ATTEST: Deputy Clerk ofthe Governing Board 21 22 By ,**V'-V~** vvv='-­ 23 

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. Gettysburg Ave Resolution forthe 2013 Plan forthe -6­ Fresno, CA 93726 Revoked 1-HourOzone Standarl

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-5800