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 PM 10 PLANNING AREA DEMONSTRATION OF ATTAINMENT STATE IMPLEMENTATI ON 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 Admini strator of the United States Environmental Protection Agency (U.S. EPA) a State Im plementation Plan for the Owens Valley PM 10 Planning Area, located in southern Inyo County, California, that demonstr ates timely attainment of the National Ambient Air Quality Standards (NAAQS) for PM 10 , defined as particulate matter having an aerodynamic diameter of a nominal 10 microns or less; and

WHEREAS , the Great Basin Unified Air Pollution Cont rol District (District or GBUAPCD) is the body vested by law with the authority a nd responsibility to de velop and adopt the Demonstration of Attainment State Impl ementation Plan for the Owens Valley PM 10 Planning Area, and to submit the Demonstration of A ttainment 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 publis hed a finding that the Owens Valley Planning Area did not attain the 24-hour NAAQS for PM 10 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 provi de 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 PM 10 ; including in 2008 when the GBUAPC D approved the 2008 Revised State Implementation Plan for the Owens Valley Pl anning 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); andResolution 2016-03 April 13, 2016 Page 2 of 5 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 in corporate 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 Distri ct Rule 433 (Control of Particulate Emissions at Owens Lake) to contain the dust co ntrol requirements of the 2016 SIP Order, which will comprise the attainment strategy for th e 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 Californ ia 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 n ecessary, as demonstrat ed by the record of this proceeding, to comply with the legal require ment imposed on the District by federal law and state law, including but not limite d to the federal Clean Air Act and Health and Safety Code Section 42316; and

WHEREAS , District Rule 433 is consiste nt with and not in conflict w ith or contradictory to, any existing statutes, court decisions, or State or federal regulations, and

WHEREAS , District Rule 433 is writte n so that persons directly affected by it can easily understand its meaning, and

WHEREAS , District Rule 433 includes requirement s that are duplicative of requirements contained in this Board Order or dering air pollution controls at Owe ns Lake, but it is necessary and proper in order to execute the powers and duties granted t o, 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 ad equately and comprehensively set forth the proper references to the legal aut hority that authorizes and requir es 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, andResolution 2016-03 April 13, 2016 Page 3 of 5 WHEREAS, the District has prepared a proposed 2016 Revision to the Owens Valley PM 10 Planning Area Demonstration of Attainment St ate 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 incl udes the Keeler Dunes Project which was funded by the City and implemented by GBUAPCD pursuant to a settlemen t 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 effi ciency to meet the NAAQS and CAAQS for PM10 in the communities of Swans ea and Keeler with scheduled completion in 2016; and which settlement agreement provides a release of th e 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 th e Owens Lake Dust Miti gation Program – Phase 9/10 Project (May 2015) (EIR) for the dust cont rol 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 incorporat ed by reference herein, the Governing Board of the Great Basin Unified Air Pollution Control District (Governing Board) acted as a Responsible Agency in reviewi ng and considering the EIR; and

WHEREAS, the EIR found that except for lake bed ar eas 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 th e project could not be mitigated to less than significant levels, and therefore selected the al ternative of avoidance of those areas as the environmentally superior alternative; and

WHEREAS, the Governing Board has further determin ed and made findings in the attached Exhibit A to explain and support its considerat ion, adoption and issuance of the 2016 SIP Order, District Rule 433 and 2016 SIP; and

WHEREAS , the Governing Board has conducted a pub lic hearing on the a doption 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 contenti ons, both written and oral, in accordance with Health & Safety Code §40726; and

WHEREAS , the 2016 SIP Order, District Rule 43 3 and the 2016 SIP will be effective upon adoption;Resolution 2016-03 April 13, 2016 Page 4 of 5 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 Bo ard hereby finds and determines to be true, on the basis of substantia l evidence, each statement of fact, and hereby adopts on the basis of the record of this proceeding each conclu sion 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 Orde r No. 160413-01, in the form att ached hereto, which adoption and issuance are effective immediately.

3. Through this Resolution, the Governi ng 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 PM 10 Planning Area Demonstration of Attainment Stat e Implementation Plan, in the form attached hereto, which approval and adop tion are effective immediately.

4. Through this Resolution, the Governing Board hereby approves and adopts the 2016 Revision to the Owens Valley PM 10 Planning Area Demonstrati on of Attainment State Implementation Plan, in the form attached he reto, which approval and adoption are effective immediately.

5. Through this Resolution, the Governing Bo ard hereby authorizes and commits the District to complete the Keel er Dunes Project as set forth in the 2016 Revision to the Owens Valley PM 10 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 Bo ard makes all the findings set forth in the Findings of Fact which are incorporated here in by reference and included as Exhibit A to this Resolution.

8. Through this Resolution, including the exhi bits incorporated herein and attached hereto, the Governing Board has satisfied its ob ligations 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 Regu lations, 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, Distri ct Rule 433 and the 2016 SIP, that changes or alterations have been required in, or incorpor ated 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 Page 5 of5 (Name), Chair 

### Matt Ki