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SJVUAPCO 


1990 E. Gettysburg 


Ave 


Fresno, CA 93726 


(559) 230-5800 


SJVUAPCD Governing Board 

ADOPT THE PROPOSED 2013 PLAN FOR THE REVOKED 1-HOUR OZONE STANDARD 

September 19, 2013 

BEFORE THE GOVERNING BOARD OF THE 


SAN JOAQUIN VALLEY UNIFIED 


AIR POLLUTION CONTROL DISTRICT 


IN THE MATTER OF: ) RESOLUTION NO. _2_0_13_-_9-_1_3__ 
 ADOPTING THE SAN JOAQUIN VALLEY) 


UNIFIED AIR POLLUTION CONTROL 
 l 


DISTRICT 2013 PLAN FOR THE 

REVOKED 1-HOUR OZONE STANDARD 

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) sections 40150 to 40161; 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 Air Act (CAA) amendments established attainment 

planning requirements and attainment deadlines for the 1979 1-hour ozone standard; 

and 

WHEREAS, the District's Governing Board subsequently adopted the 2004 Extreme 

Ozone Attainment Demonstration Plan (2004 Plan); and 

WHEREAS, the EPA revoked the 1-hour standard effective June 15, 2005 to pursue 

a more health-protective 8-hour standard and adopted anti-backsliding provisions to 

preserve existing 1-hour ozone 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 of the 2004 Plan in the Federal Register in November 2012; 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 §185 fees were required when an area fails to attain; and 

III 

Resolution for the 2013 Plan for the 

-1­ Revoked 1-Hour Ozone Standar 

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SJVUAPCD 


1990 E. Gettysburg 


Ave 


Fresno, CA 93726 


(559) 230-5800 


SJVUAPCD Governing Board 

ADOPT THE PROPOSED 2013 PLAN FOR THE REVOKED 1-HOUR OZONE STANDARD 

September 19, 2013 

WHEREAS, the Valley's businesses and residents are currently subject to 

approximately $29 million of penalties under Section 185 due to non-attainment of the 

revoked federal 1-hour ozone standard; and 

WHEREAS, EPA withdrew its 2010 approval of the District's 2004 Plan in Volume 77, 

Number 227 of the Federal Register ((pages 70376-70380), effective November 26, 

2012) and required the District to submit a new plan for the revoked 1-hour standard 

that includes the following: A Rate Of Progress (ROP) demonstration; contingency 

measures for ROP and for attainment; an attainment demonstration; demonstration for 

Reasonably Available Control Measures (RACM); a demonstration for clean fuels/clean 

technologies are in place for boilers; and a Vehicle Miles Traveled (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 for the 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 sufficient to 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 of control technologies; and 

WHEREAS, the Plan will contribute to attainment of all EPA ozone NAAQS; and 

WHEREAS, amended regulations to be adopted through implementation of the Plan 

would be subsequently developed through public processes, which will include due 

consideration of technological feasibility, cost-effectiveness, socioeconomic impact, 

Resolution for the 2013 Plan for the 

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SJVUAPCD 


1990 E. Gettysburg 


Ave 


Fresno, CA 93726 


(559) 230·5800 


SJVUAPCD Governing Board 

ADOPT THE PROPOSED 2013 PLAN FOR THE REVOKED 1-HOUR OZONE STANDARD 

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 without the leadership, funding, and work products provided through the 

San Joaquin Valley-wide Air Pollution Study Agency; 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 of ozone 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 air districts 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 air quality standard and 

to incorporate new data; 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 of the CH&SC; and 

Resolution for the 2013 Plan for the 

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SJVUAPCD 


1990 E. Gettysburg 


Ave 


Fresno, CA 93726 


(559) 230·5800 


SJVUAPCD Governing Board 

ADOPT THE PROPOSED 2013 PLAN FOR THE REVOKED 1-HOUR OZONE STANDARD 

September 19, 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 CAA for the revoked 1-Hour ozone standard. Said Plan is attached hereto and 

incorporated herein. 

2. The District Governing Board requests EPA to set 2017 as the attainment date 

for the revoked 1-hour ozone NAAQS, adopted in 1979. 

3. Adoption of said Plan is necessary to comply with the federal CAA. 

4. The District Governing Board 'finds that the VMT offset demonstration satisfies 

CAA requirements for both 8-hour and 1-hour ozone. 

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) under the provisions of Sections 15061 (b)(3) of the State CEQA guidelines. 

6. The Executive Director/Air Pollution Control Officer is directed to file a Notice of 

Exemption with the County Clerks of each of the counties in the District. 

7. The District Governing Board hereby finds, based on the evidence and 

information presented at the 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 public testimony 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 that the rules are both fair and approvable by EPA. 

III 

Resolution for the 2013 Plan for the 

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SJVUAPCD 


1990 E. Gettysburg 


Ave 


Fresno, CA 93726 


(559) 230·5800 


SJVUAPCD Governing Board 

ADOPT THE PROPOSED 2013 PLAN FOR THE REVOKED 1-HOUR OZONE STANDARD 

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 

out the provisions of the Plan. 

11. The Executive Director/Air Pollution Control Officer is hereby directed to forward a 

copy of this 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 for state ozone standards under the CH&SC. 

13. The District Governing Board requests that ARB authorize its Executive Officer to 

include the District's 2013 Plan for the Revoked 1-Hour Ozone Standard, as adopted by 

the District's Governing Board, in the California SIP for submittal to EPA. 

14. The District Governing Board requests that EPA approve the District's 2013 

Plan for the Revoked 1-Hour Ozone 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 

elements for which EPA cannot, for whatever reason, grant full approval at this 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 or control requirements in the Plan. 

III 

III 

Resolution for the 2013 Plan for the 

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SJVUAPCD Governing Board 

ADOPT THE PROPOSED 2013 PLAN FOR THE REVOKED 1-HOUR OZONE STANDARD 

September 19, 2013 

1 II THE FOREGOING was passed and adopted by the following vote of the Governing 


2 II Board of the San Joaquin Valley Unified Air Pollution Control District this 19th day of 


3 II September 2013, to wit: 


4 


AYES: Baines, Barba, Brazil, Case, Elliott, 


Hanson, O'Brien, Sherriffs, Walsh, 


6 
 Wheeler, Worthley, Barwick 


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 NOES: None


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 ABSENT: Bomprezzi, Couch 


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SAN J.9AQtjfl~r'JAttE~UNIFIED 

OLLUTION CONTROL DISTRICT 16 


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ATTEST: 


Deputy Clerk of the Governing Board 


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By , V'-V~ vvv='-­


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SJVUAPCD 


1990 E. Gettysburg 


Ave 
 Resolution for the 2013 Plan for the 

Fresno, CA 93726 
 -6­ Revoked 1-Hour Ozone Standarl 

(559) 230-5800