Resolution 2016-03 

April 13, 2016 

Page 1 of 5 

RESOLUTION NO. 2016-03 

RESOLUTION OF THE GOVERNING BOARD OF THE 

GREAT BASIN UNIFIED AIR POLLUTION CONTROL DISTRICT ADOPTING AND 

ISSUING (1) BOARD ORDER #160413-01 UNDER THE PROVISIONS OF CAL. 

HEALTH & SAFETY CODE SECTION 42316, (2) DISTRICT RULE 433 FOR THE 

CONTROL OF PARTICULATE EMISSIONS AT OWENS LAKE, AND (3) FINAL 2016 

REVISION TO THE OWENS VALLEY PM10 PLANNING AREA DEMONSTRATION 

OF ATTAINMENT STATE IMPLEMENTATION PLAN, AND MAKING FINDINGS OF 

FACT

WHEREAS, pursuant to the federal Clean Air Act Amendments of 1990 (CAAA), the State of 

California is required to submit to the Administrator of the United States Environmental 

Protection Agency (U.S. EPA) a State Implementation Plan for the Owens Valley PM10 Planning 

Area, located in southern Inyo County, California, that demonstrates timely attainment of the 

National Ambient Air Quality Standards (NAAQS) for PM10, defined as particulate matter 

having an aerodynamic diameter of a nominal 10 microns or less; and 

WHEREAS, the Great Basin Unified Air Pollution Control District (District or GBUAPCD) is 

the body vested by law with the authority and responsibility to develop and adopt the 

Demonstration of Attainment State Implementation Plan for the Owens Valley PM10 Planning 

Area, and to submit the Demonstration of Attainment State Implementation Plan to the 

California Air Resources Board for its approval and submittal to the U.S. EPA Administrator on 

behalf of the State of California; and 

WHEREAS, on March 23, 2007, the U.S. EPA published a finding that the Owens Valley 

Planning Area did not attain the 24-hour NAAQS for PM10 by December 31, 2006 as mandated 

by the CAAA; and 

WHEREAS, as a result of the U.S. EPA finding, the State Implementation Plan for the Owens 

Valley Planning Area that was approved by the District in 2003 must be revised to include a 

control strategy that will provide for attainment in the Owens Valley Planning Area as soon as 

practicable and that said revised SIP must be submitted to the U.S. EPA by December 31, 2007; 

and 

WHEREAS, starting in 1997, the GBUAPCD has adopted a series of SIPs to address and 

control PM10; including in 2008 when the GBUAPCD approved the 2008 Revised State 

Implementation Plan for the Owens Valley Planning Area (2008 SIP), which was implemented 

through GBUAPCD Board Order #080128-01; and 

WHEREAS, in 2011, a dispute arose between the GBUAPCD and the City regarding the 

requirements of the 2008 SIP, which were resolved when the Sacramento Superior Court entered 

a Stipulated Judgment for the GBUAPCD on December 30, 2014 in the case captioned City of 

Los Angeles v. California Air Resources Board, et al., Case No. 34-2013-80001451-CU-WMGDS (Stipulated Judgment); and 
Resolution 2016-03 

April 13, 2016 

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WHEREAS, under the Stipulated Judgment, the City agreed to implement additional dust 

control measures on the lake bed (for a total of 48.6 square miles) by December 31, 2017, and 

the GBUAPCD may also order the City to implement dust control measures on up to 4.8 

additional square miles of the lake bed if needed to meet the NAAQS or related state standards; 

and the GBUAPCD agreed to revise the 2008 SIP by December 31, 2014 (later amended by 

agreement to April 15, 2016) to incorporate the relevant provisions of the Stipulated Judgment 

into a 2016 SIP Order; and 

WHEREAS, the GBUAPCD reaffirms its commitment to and intends to abide by the terms of 

the Stipulated Judgment; and 

WHEREAS, the GBUAPCD proposes to adopt District Rule 433 (Control of Particulate 

Emissions at Owens Lake) to contain the dust control requirements of the 2016 SIP Order, which 

will comprise the attainment strategy for the 2016 SIP to be submitted to the California Air 

Resources Board and the U.S. Environmental Protection Agency for their approval; and 

WHEREAS, notice to the public and to the California Air Resources Board was duly and timely 

given of this public hearing on the adoption of District Rule 433 in accordance with California 

Health & Safety Code §40725; and 

WHEREAS, the District prepared and made available for review a written analysis of District 

Rule 433 under Health & Safety Code §40727.2, and 

WHEREAS, adoption of the revisions and rules is necessary, as demonstrated by the record of 

this proceeding, to comply with the legal requirement imposed on the District by federal law and 

state law, including but not limited to the federal Clean Air Act and Health and Safety Code 

Section 42316; and 

WHEREAS, District Rule 433 is consistent with and not in conflict with or contradictory to, any 

existing statutes, court decisions, or State or federal regulations, and 

WHEREAS, District Rule 433 is written so that persons directly affected by it can easily 

understand its meaning, and 

WHEREAS, District Rule 433 includes requirements that are duplicative of requirements 

contained in this Board Order ordering air pollution controls at Owens Lake, but it is necessary 

and proper in order to execute the powers and duties granted to, and imposed upon the District 

for the adoption of the 2016 SIP in order to comply with the CAAA, and 

WHEREAS, District Rule 433 and this resolution adequately and comprehensively set forth the 

proper references to the legal authority that authorizes and requires the District to adopt this 

Rule, and 

WHEREAS, no changes have been made in the text of Rule 433 originally made available to the 

public that are so substantial as to significantly affect its meaning, and 
Resolution 2016-03 

April 13, 2016 

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WHEREAS, the District has prepared a proposed 2016 Revision to the Owens Valley PM10

Planning Area Demonstration of Attainment State Implementation Plan which incorporated 

proposed District Rule 433 (collectively, 2016 SIP) and circulated the proposed 2016 SIP Order, 

2016 SIP and Rule 433 and the for public and governmental agency comment; and 

WHEREAS, the control strategy for the 2016 SIP includes the Keeler Dunes Project which was 

funded by the City and implemented by GBUAPCD pursuant to a settlement agreement between 

those parties in 2013, and consists of straw bale and native vegetation dust control measures on 

194 acres to provide the necessary control efficiency to meet the NAAQS and CAAQS for PM10 

in the communities of Swansea and Keeler with scheduled completion in 2016; and which 

settlement agreement provides a release of the City’s liability to the GBUAPCD under the 

GBUAPCD’s state law authority for the subject areas as more specifically described in the 

agreement; 

WHEREAS, under the Stipulated Judgment, the City served as Lead Agency to prepare and 

certify the Environmental Impact Report for the Owens Lake Dust Mitigation Program – Phase 

9/10 Project (May 2015) (EIR) for the dust control project required by the Board Actions; and 

filed a Notice of Determination for the project on June 8, 2015; and the GBUAPCD served as the 

Responsible Agency to assist with, and to rely upon the EIR in considering the adoption of the 

2016 SIP Order, District Rule 433 and the 2016 SIP. 

WHEREAS, in Resolution 2016-02, which is incorporated by reference herein, the Governing 

Board of the Great Basin Unified Air Pollution Control District (Governing Board) acted as a 

Responsible Agency in reviewing and considering the EIR; and 

WHEREAS, the EIR found that except for lake bed areas containing cultural resources, all 

impacts were beneficial, less than significant or less than significant as mitigated, and the 

Governing Board of the GBUAPCD concurs with those findings. For areas containing cultural 

resources, the EIR concluded that impacts of the project could not be mitigated to less than 

significant levels, and therefore selected the alternative of avoidance of those areas as the 

environmentally superior alternative; and

WHEREAS, the Governing Board has further determined and made findings in the attached 

Exhibit A to explain and support its consideration, adoption and issuance of the 2016 SIP Order, 

District Rule 433 and 2016 SIP; and 

WHEREAS, the Governing Board has conducted a public hearing on the adoption and issuance 

of the 2016 SIP Order, District Rule 433 and the 2016 SIP, and has provided for and invited the 

submission of statements, arguments, or contentions, both written and oral, in accordance with 

Health & Safety Code §40726; and 

WHEREAS, the 2016 SIP Order, District Rule 433 and the 2016 SIP will be effective upon 

adoption; 
Resolution 2016-03 

April 13, 2016 

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NOW, THEREFORE, BE IT RESOLVED by the Governing Board of the Great Basin Unified 

Air Pollution Control District as follows: 

1. Through this Resolution, the Governing Board hereby finds and determines to be 

true, on the basis of substantial evidence, each statement of fact, and hereby adopts on the 

basis of the record of this proceeding each conclusion of law, set forth in the recitals to this 

Resolution. 

2. Through this Resolution, the Governing Board hereby approves and directs the 

Air Pollution Control Officer to issue to the City of Los Angeles, Great Basin Unified Air 

Pollution Control District Order No. 160413-01, in the form attached hereto, which adoption 

and issuance are effective immediately. 

3. Through this Resolution, the Governing Board hereby approves, adopts and 

promulgates District Rule 433 (Control of Particulate Emissions at Owens Lake) which is 

included and incorporated in Chapter 12 of the 2016 Revision to the Owens Valley PM10

Planning Area Demonstration of Attainment State Implementation Plan, in the form attached 

hereto, which approval and adoption are effective immediately. 

4. Through this Resolution, the Governing Board hereby approves and adopts the 

2016 Revision to the Owens Valley PM10 Planning Area Demonstration of Attainment State 

Implementation Plan, in the form attached hereto, which approval and adoption are effective 

immediately. 

5. Through this Resolution, the Governing Board hereby authorizes and commits the 

District to complete the Keeler Dunes Project as set forth in the 2016 Revision to the Owens 

Valley PM10 Planning Area Demonstration of Attainment State Implementation Plan. 

6. Through this Resolution, the Governing Board hereby reaffirms each of its 

findings and resolutions made in Resolution 2016-02, which is incorporated herein by 

reference. 

7. Through this Resolution, the Governing Board makes all the findings set forth in 

the Findings of Fact which are incorporated herein by reference and included as Exhibit A to 

this Resolution. 

8. Through this Resolution, including the exhibits incorporated herein and attached 

hereto, the Governing Board has satisfied its obligations pursuant to the Health and Safety 

Code, including but not limited to Section 43216, and the Public Resources Code Sections 

21000 et seq., including California Code of Regulations, Title 14, Sections 15091 and 15096, 

in that the Governing Board has found with respect to the significant or potentially 

significant effects of the 2016 SIP Order, District Rule 433 and the 2016 SIP, that changes or 

alterations have been required in, or incorporated into the project which mitigate or avoid 

many of the significant environmental effects thereof as identified in the EIR. 
9. Through this Resolution, the Governing Board hereby authorizes and directs the

Air Pollution Control Officer to execute on behalf of the District the Notices of

Determination for the 2016 SIP Order, District Rule 433 and the 2016 SIP, and to file or

record the notices reflecting those actions as provided by applicable law.

10. Through this Resolution, the Governing Board hereby authorizes and directs the

Air Pollution Control Officer to execute and deliver on behalf of the District all documents

and to undertake all acts as are necessary to comply with applicable law including, but not

limited to, California Health & Safety Code $40724 and $40724.5, and to enforce District

Rule 433 hereunder.

11. The Clerk of the Governing Board is hereby authorized to compile and publish

the complete2016 Revision to the Owens Valley PMlo Planning Area Demonstration of

Attainment State Implementation Plan and Incorporated Board Order, adopted on April 13,

20 I 6 and shall certif, on behalf of the District that said compilation is the authoritative

version of the Owens Valley PMro Planning Area Demonstration of Attainment State

Implementation Plan and Incorporated Board Order.

12. The District shall prepare and maintain a record of this rule adoption in

accordance with Health & Safety Code $40728.

APPROVED, ADOPTED and ORDERBD by the Goveming Board of the Great Basin Unified

Air Pollution Control District this l3th day of April20L6, by the following vote:

AYES: Kingstey, Griffiths, Stump, Hames, Rawson

NOES: 0

ABSTAIN: O

Absent: Bacon, Johnston

ATTEST:

Tori DeHaven

Clerk of the Governing Board

Incorporated attachments:

Exhibit A - Findings of Fact

Resolution 2016-03

April 13,2016

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(Name), Chair

Matt Ki