State ofCalifornia AIR RESOURCES BOARD SUBMISSION OF WAIVER AND AUTHORIZATION MEASURES INTO THE CALIFORNIA SIP Resolution 15-40

July 23, 2015 Agenda Item No.: 15-6-4
WHEREAS, the Legislature in Health and Safety Code, section 39602, has designated the State Air Resources Board (ARB or Board) as the air pollution control agencyfor all purposes setforth in federal law; WHEREAS, ARB is responsible for preparing the State Implementation Plan (SIP) for attaining and maintaining the National AmbientAir Quality Standards (NAAQS or standards) as required by the federal Clean AirAct (CAA) (42 U.S.C. section 7401 et. seq.), and to this end is directed by Health and Safety Code, section 39602, to coordinate the activities ofall local and regional air pollution control and air quality management districts (districts) necessaryto comply with the CAA; WHEREAS, ARB has primary responsibility forthe control of air pollution from vehicular sources, including motorvehicle fuels, as specified in the Health and Safety Code, sections 39002, 39500, and part 5 (commencing with section 43000); WHEREAS, the CAA, section 209, allows California to seek awaiver or authorization from federal preemption to enactemission standards and other emission-related requirements for new motorvehicles and engines or new and in-use non-road engines and vehicles; WHEREAS, California has relied on regulations covered by United States Environmental Protection Agency (U.S. EPA) waivers or authorizations in the California SIP to meetfederal ambient air quality standards; WHEREAS, historically, U.S. EPA policy allowed California to utilize pollution reductions resulting from waiver or authorization measures in the SIP without requiring thatthose measures be separately submitted into the California SIP; WHEREAS, on May 20, 2015, in 

### CommitteeForA BetterArvin, eta/. v. U.S. EPA, eta/. (No. 11-73924), the Ninth Circuit U.S. Court ofAppeals ruled that U.S. EPAerred in approving SIPsthat relied on reductions from waiver or authorization measures without requiring those measures be included in the SIP;WHEREAS, California must nowsubmitfor inclusion into the SIP the portions ofwaiver orauthorization measures it relies upon for SIP reductions; WHEREAS, ARB staffcompiled aWaiver/Authorization List of all applicable approved and pending waiver and authorization measures, along with recentARB actionsthat will need awaiver orauthorization in the future, as Appendix A to a Staff Report released for public review on June 19, 2015; WHEREAS, ARB's regulatory program that involves the adoption, approval, amendment or repeal ofstandards, rules, regulations, or plans, has been certified by the Secretaryfor Natural Resources under Public Resources Code, section 21080.5 ofCEQA; California Code of Regulations, title 14, section 15251(d), and ARB conducts its CEQA review according to this certified program (California Code of Regulations, title 17, sections 60000-60007); WHEREAS, ARB staffdetermined thatthe submission of appropriate portions ofthese previously adopted ARB regulations subjectto waivers orauthorizations to U.S. EPAfor inclusion in the SIP is exemptfrom CEQA under California Code of Regulations, title 14, section 15061(b)(3) because this action is administrative in nature and there is no possibility that the submission ofthese previously adopted regulations into the SIP may result in any significant adverse impacts on the environment, as described in the Staff Report released on June 19, 2015; WHEREAS, as required byfederal law, ARB madethe Waiver/Authorization List available for public review at least 30 days beforethe public hearing; and, WHEREAS, the Board finds that: 1. The emission reductions from appropriate portions ofwaived and authorized measures are critical to meeting airquality standards in California and so are appropriate for inclusion in the SIP; and, 2. This action is exemptfrom CEQA under California Code of Regulations, title 14, section 15061(b)(3) because it is administrative in nature and there is no possibility that the submission ofportions ofthese previously adopted regulations into the SIP may result in a significant adverse impact on the environment. NOW, THEREFORE, BE IT RESOLVED, the Board approves the waiver and authorization measures included in the Waiver/Authorization List, as setforth in Attachment A to this Resolution, for inclusion in the SIP, with the appropriate portions of those measures required forsubmission to be determined by the Executive Officer. BE IT FURTHER RESOLVED, the Board directsthe Executive Officerto submitthe appropriate portions ofthose waived/authorized measures from the Waiver/Authorization List to U.S. EPAfor inclusion in the California SIP to be effective, for purposes offederal law, upon approval by U.S. EPA.BE IT FURTHER RESOLVED, the Board directs the Executive Officerto submit the appropriate portions ofthe remaining measuresfrom the Waiver/Authorization List, once waivers or authorizations are granted forthose measures, for inclusion in the California SIPto be effective, for purposes offederal law, upon approval by U.S

. EPA. BE IT FURTHER RESOLVED, the Board directsthe Executive Officerto workwith U.S

. EPA and take appropriate action to resolve any completeness or approvability issues that may arise regarding these SIP submissions. BE IT FURTHER RESOLVED, the Board authorizes the Executive Officerto include in the SIP submittals any technical corrections,clarifications, or additionsthat may be necessaryto secure U

.S. EPA approval. BE IT FURTHER RESOLVED, the Board hereby certifies and approved the Waiver/Authorization List after notice and public hearing as required pursuantto Code of Federal Regulations,title 40, section 51

.102. I hereby certify thatthe above is a true and correct copy of Resolution 15-40 as adopted by the Air Resources Board.

Tracy Jensei'f.cerk ofthe BoardResolution 15-40
July 

### 23, 2015



### Identification ofAttachments to the Board Resolution

Attachment A: Waiver/Authorization List included as set forth in the AppendixA to the Staff Report, released June 19, 2015