SJVUAPCD Governing Board 

Resolution for Proposed Amendments to the 2004 EOADP

October 20, 2005 

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Resolution for Proposed Amendments to the 2004 EOADP

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SJVUAPCD 

1990 E. Gettysburg Ave. 

Fresno, CA 93726 

(559) 230-6000

BEFORE THE GOVERNING BOARD OF THE 

SAN JOAQUIN VALLEY UNIFIED 

AIR POLLUTION CONTROL DISTRICT

IN THE MATTER OF: ADOPTING 05-10-12 

PROPOSED AMENDMENTS TO THE 

SAN JOAQUIN VALLEY UNIFIED AIR 

POLLUTION CONTROL DISTRICT’S 

2004 EXTREME OZONE ATTAINMENT 

DEMONSTRATION PLAN 

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RESOLUTION NO. 

 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 

sections 40150 to 40161; and 

 WHEREAS, the United States Environmental Protection Agency (EPA) has 

classified the San Joaquin Valley Air Basin (SJVAB) as an extreme nonattainment 

area for the federal 1-hour ozone ambient air quality standards; and 

 WHEREAS, the District adopted the Extreme Ozone Demonstration Plan (EOADP) 

on October 8, 2004; and 

 WHEREAS, the EOADP was deemed complete by operation of law on May 15, 

2005; and 

 WHEREAS, EPA is required to take action to approve or disapprove the plan or 

parts of the plan by May 15, 2006; and 

 WHEREAS, EPA cannot approve the EOADP because it contains control measures 

with past dates amended for the 2003 PM10 plan on May 19, 2005; and 

 WHEREAS, EPA has directed the District to update the control measure dates in the 

EOADP for control measures amended for the 2003 PM10 Plan and which impact the 

EOADP control measures; and 

 WHEREAS, the District has amended “Chapter 4: Control Strategy” and “Chapter 8: 

California Clean Air Act Triennial Progress Report and Plan Revision” to be consistent 

with the 2005 Amendments to the 2003 PM10 Plan, to reflect the current rulemaking 

schedule, and to correct minor typographical errors; and 
SJVUAPCD Governing Board 

Resolution for Proposed Amendments to the 2004 EOADP

October 20, 2005 

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Resolution for Proposed Amendments to the 2004 EOADP

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SJVUAPCD 

1990 E. Gettysburg Ave. 

Fresno, CA 93726 

(559) 230-6000

 WHEREAS, the Chapter 4 amendments will meet federal Clean Air Act requirements 

and; 

 WHEREAS, the Chapter 8 amendments are a separate stand alone report to meet 

California Clean Air Act requirements; and 

 WHEREAS, the District presented the proposed amendments to the public through 

the Citizens Advisory Committee meeting on September 6, 2005 and to the 

Community Groups on September 12, 2005; and 

 WHEREAS, no comments were received during the comment period of August 26 – 

September 26, 2005; and 

 WHEREAS, individual control measures may be revised from what is proposed in 

the Plan amendments, and the District is committed to achieving equivalent emission 

reductions from the overall control strategy in order to meet milestone planning 

requirements; and 

 WHEREAS, a public hearing for the adoption of the amendments to the EOADP was 

duly noticed and held on October 20, 2005, 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 amendments to the Extreme 

Ozone Attainment Demonstration Plan, thereby fulfilling separate federal and state air 

quality planning requirements. Said amendments are attached hereto and are 

incorporated herein as “Chapter 4: Control Strategy” and “Chapter 8: California Clean 

Air Act Triennial Progress Report and Plan Revision”. 

2. The plan amendments have been prepared consistent with the 

requirements of the Federal Clean Air Act and corresponding guidance of the U.S. 

Environmental Protection Agency (EPA). 

3. The California Clean Air Act components of the Plan have been 

prepared consistent with the requirements of the California Health and Safety Code 

and corresponding guidance of the ARB. 
SJVUAPCD Governing Board 

Resolution for Proposed Amendments to the 2004 EOADP

October 20, 2005 

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Resolution for Proposed Amendments to the 2004 EOADP

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SJVUAPCD 

1990 E. Gettysburg Ave. 

Fresno, CA 93726 

(559) 230-6000

 4. The District has completed an Initial Study for said amendments that 

indicates the project will not result in any significant adverse effects to the 

environment, and a Proposed Negative Declaration has been prepared and properly 

noticed pursuant to the California Environmental Quality Act (CEQA). The Governing 

Board of the District has duly considered said Initial Study and proposed Negative 

Declaration. Accordingly, the Governing Board of the District (a) certifies that the 

Initial Study and Negative Declaration reflect the independent judgment of the District; 

(b) finds that the above-described project will have a de minimis impact on fish and 

wildlife resources; and (c) approves and adopts a Negative Declaration for said Plan 

pursuant to CEQA requirements. In accordance with the provisions of Sections 

15075 of the California Environmental Quality Act Guidelines, the Executive 

Director/Air Pollution Control Officer is hereby directed to cause to be filed a Notice of 

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

5. 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. 

6. Adoption of said Plan amendments is necessary to comply with the 

Federal Clean Air Act and the California Clean Air Act and will promote the health and 

welfare of the residents of the San Joaquin Valley Air Basin. Rule development under 

the plan will be in accordance with the District's rule development procedure with due 

consideration of technological feasibility, cost-effectiveness, socio-economic impact, 

and environmental impact. 

 7. The Executive Director/Air Pollution Control Officer is hereby directed to 

forward a copy of this Resolution and the Plan amendments to the ARB. 

 8. District staff is directed to work with stakeholders and EPA to ensure that 

rules developed as a result of adoption of the EOADP address technical and economic 

feasibility issues identified during plan development along with those that arise during 
SJVUAPCD Governing Board 

Resolution for Proposed Amendments to the 2004 EOADP

October 20, 2005 

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Resolution for Proposed Amendments to the 2004 EOADP

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SJVUAPCD 

1990 E. Gettysburg Ave. 

Fresno, CA 93726 

(559) 230-6000

the rule development process so that the rules are both fair and approvable by EPA. 

9. The District Governing Board commits to adopt and implement the rules 

and measures in the EOADP within the time period necessary to demonstrate 

attainment of the federal 1-hour ozone standard, and to submit these rules and 

measures to the ARB within one month of adoption for transmittal to EPA as a 

revision to the State Implementation Plan. If the total emission reductions from the 

adopted rules are less than those committed to in the Plan, the District Governing 

Board commits to adopt, submit, and implement substitute rules and measures that 

will achieve equivalent reductions in emissions of ozone precursors to meet milestone 

planning requirements. 

 10. The District Governing Board requests that ARB authorize its Executive 

Officer to include the District’s amendments to the EOADP, as adopted by the District’s 

Governing Board, in the California State Implementation Plan for submittal to the EPA. 

 11. District staff is hereby authorized to make any minor typographical and 

technical changes in the amended chapters that are necessary to correct minor errors, 

clarify wording, or to satisfy ARB and EPA technical requirements, provided that the 

Plan’s conclusions or control requirements do not change. 

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