STATE OF CALIFORNIA EDMUND G. BROWN JR., Govern0,

AIR RESOURCES BOARD

1102 Q STREET

P.O. BOX 2815 -~

SACRAMENTO, CA 95812

August 11, 1980

Mr. Paul DeFalco, Jr.

Regional Administrator

Environmental Protection Agency

215 Fremont Street

San Francisco, CA 94105

Attention: Louise Giersch

Dear.Mr. DeFalco:

Subject: Revision to the California State

Implementation Plan for the

South Coast Air Quality Management

District

Enclosed are five copies of a revision to The State of

California Implementation Plan for Achieving and Maintaining the

National Ambient Air Quality Standards. This revision informs

the Environmental Protection Agency of the addition of the

eastern portion of Riverside County which is in the Southeast

Desert Air Basin, into the South Coast Air Quality Management

District (SCAQMD). Since December 1, 1977, all SCAQMD Rules

and Regulations have been applicable and are being enforced in

this portion of Riverside County. I have enclosed the Riverside

County Board of Supervisors’ Resolution 77-362 and the pertinent

sections of the Health and Safety Code (included. as Appendix A

to Chapter 3, Legal Authority, in the SIP) to confirm that this

action took place pursuant to state law.

With this submittal, all related information necessary

to complete the review of the Southeast Desert Air Basin

Nonattainment Plan has been sent to the Environmental Protection

Agency. Prompt evaluation of the plans will assure that all

actions necessary for approval can be taken.

Sincerely,

G~

Gary Rubenstein

Deputy Executive Officer

Enclosures

cc: SCAQMD
State of California

AIR RESOURCES BOARD

Executive Order 0-112-18

WHEREAS, the Health and Safety Code, Section 40410 created the South

Coast Air Quality Management District in Or&ge County and in those

portions of the Counties of Los Angeles, Riverside and San Bernardino

included within the area of the South Coast Air Basin; and

WHEREAS, the Health and Safety Code, Section 40413, allows the Board:

of Supervisors of Los Angeles, Riverside, and San Bernardino Counties

to, by Resolution include in the South Coast Air Quality Management

District, the ;rtions of their counties located in the Southeast

Desert Air Basin; and

WHEREAS, the Board of Supervisors of Riverside County, by Resolution

elected to have the Desert area of the County included in the South

Coast Air Quality Management District and thereby to be subject to

the i’ules and regulations of the South Coast Air Quality Management

District rather than the old rules of the Riverside County APCD; and

WHEREAS, the submittal to the EPA of current, enforceable rules and

regulations for the Desert portion of Riverside County is necessary

to meet Clean Air Act requirements.

THEREFORE IT IS ORDERED that the Air Resources Board hereby adopts

Resolution 77—362 of the Riverside County Air Pollution Control Board,

Identified in Attachment A, as a revision to the California State

Implementation Plan.

I certify, pursuant to 40 CFR, Section 51.4(d), that Resolution 77-362

was adopted after notice and public hearings as required by 40 CFR,

Sections 51.4(a) and (b).

Executed this ____ day of ______________, 1980, at Sacramento, California.

-~ CALIFORNIA AIR RESOURCES BOARD

C~II~..3 ~3,

Gary Rubenstein

Deputy Executive Officer
Attachment A

to Executive Order G-112-18

The following documents establish the legal framework for the addition

of the Southeast Desert Air Basin portion of Riverside County to the

South Coast Air Quality Management District, effective Decehiber 1, 1977.

(1) Health and Safety Code, Division 26, Sections 40410-40416

(2) Board of Supervisors, Riverside County, Resolution 77-362

(3) Report on Status of Air Pollution Services for Desert Areas, from

J.A. Stuart, Executive Officer, SCAQMD to the South Coast Air

Quality Managment Board.
Board of Supervisors County of Riversjd~

-.3.

-.3

a _____________________

- 21 RESOLUTION NO. 77-362

3 ELECTING TO INCLUDE ‘fliE ENTIRE AREA OF ‘fl!E COUNTY OF RIV~5iDE

4 ~~E SOUi~~ COAST AIR QU~ITy N~GE~NT DIS~p~C~

5 wH~EAs, prior to February 1, 1977, all of the area of

6 the County of Riverside was included within a Unified air Pollution

7 control district; and

a, WHEREAS, the Lewis Air Quality Management Act [Stats.1976

~1 (Reg.Sess..) ~h. 3241 created the South Coast Air Quality Man~gems~~ 10 District; and

11 WHEREAs, only that portion of the County of Riversid5

12 within the South Coast Air Basin was included within the South

13 Coast Air Quality Management District; and -

14 wn~p~, AB 121 (Stats. 1977 (Reg.sess.) ch. 11953 pro~

151 vides that the Board of Supe~isors may elect to include th€ entire

16~ area of the County of Riverside withj~ the South Coast Air Quality

17 Management District; and

18 WHEREAS, inclusion of the entire area of the COUflty of

19 Riverside within the South Coast Air Quality Management DIstr~c~

201j will promote the efficient monitoring and reg-ulatjon of the emjssjJj

2111 of air contaminants and such inclusion has been requested by the

2211 Coachella Valley Association of Governments- now therefore,

231 BE ~ RESOLV~ by the Board of Sup~r~sd~ of the County

24 ~ Riverside, State of California, in regular SCSsjon asse~l~a on

25 ‘~1ovember 29, 1977, 1977, that th±~ Board elect to ±nclt~de th~ entire

26 area of the County of Riverside within the South Coast Air Quality

27 Management District, effective December 1, 1977.

28 BE IT FURTHER RESOLv~ that copies, of this resolution be

- ••.
I forwarded to the South Coast Air Quality Management District and

2 the State Air Resources Board.

3

4,~4 & ~S)•J~ C.

7 ~d~J9

8 z~4J~)J?77

9

10 f-id

~11

12

13

14

1511

.161

17

181

191

20

211

221 - - ~

23~, -

241j

251

26

27

f 28

77

—2—
AIR POLLUTION CONTROL LAWS 23

- ~6~_With~aw~L.€ C~ur±v. Prnm Regi~~

403 . The board of supervisors of a county within a regional disiief may

withdraw f~~county, or portion thereof, from the regional district-fà form a

county district ~‘ to join the county, or portion thereof, with a uni&d district, the

bay district, or an~t~ regional district upon the adoption of.aiesolution stating

its intention to take strth action.

The resolution so adop~~hall be communicated to-tiie clerks of the boards of

supervisors of au counties com’pr~sing the reg onajMtrict from which the county,

or portion thereof, is to be withd?awn, that regional district board, and the state

board. ‘>,_-~‘

40391. The withdrawal of a co~jr~tv, or portion thereof, shall not afrect the

functioning of other counties ~iti~in the regidr~a~ district, and such withdrawal

shall not constitute a dissoly,~6n of the regional dii~tri~t.

The regional district sl~continue to function in a mániier not inconsistent with

the provisions of th~s.&vision.

40392. A ~rf~i of supervisors shall give at least two mo≥i~c.notice to the

regional ~thct board of its intention to withdraw the county, or por~i~thereof,

from)~ regional district. A county, or portion thereof, shall not be widxJ,~awn

a regional district during any fiscal year after the expiration of the flrst~eur

~-~- . ~.- _______________

CHAPTER 5.5. SouTH COAST AIR Qu.-~my MANAGEME~rT DIsmicT

Article 1. General Provisions

40400. This chapter shall be known and may he cited as the “Lewis Air Quality

Management Act.”

40401. The Legislature finds and declares that the people of the State of

California have a primary interest in atmospheric purity and freedom from any

air contaminants and that there is pollution of the atmosphere in portions of the

state which is detrimental to the public peace, health, safety, and welfare of the

people of the state.

40402. The Legislature further finds and declares:

(a) That the South Coast Air Basin is a unique geographical entity not reflected

by political boundaries.

(b) That the basin is acknowledged to have the most critical air pollution

problem in the nation caused by the operation of six million motor vehicles in the

basin, stationary sources of pollution, the frequency of atmospheric inversions that

trap aerial contaminants, and the large amount of sunshine that transforms

vehicular and nonvehicular emissions into a variety of deleterious chernicais.~

(c) That the~ ~tate and federal governments have promulgated ambient air

quality standards For the protection of public health, and that it is in the public

interest that those standards be met and that those standards should not be

-exceeded.

(d) That, in order to achieve and maintain air quality within the ambient air

quality standards, a comprehensive basinwide air quality rcnagement plan must

be developed and impi~mented to provide for the rapid abatement of e:dsting

emission levels to levels which will result in the achievement and maintenance of

the state ambient air quality standards and to ensure that new sources of emissions

are planned and operated so as to be consistent with the basin’s air quality goals.

(e) That, in order to successfully develop and implement a meaningful strategy

for achieving and maintaining ambient air quality standards, local governments in

the South Coast Air Basin must be delegated additional authority from the state
I

24 AIR POLLUTION CONTROL LAWS

in the control of vehicular sources and must retain existing authority to set

stringent emission standards for nonvehicular sources.

(f) That, in order to successfully implement a comprehensive program for the -

achievement and maintenance of ambient air quality standards in the South Coast

Air Basin, the responsibilities of local and regional authorities with respect to air

pollution control must be fully integrated into an agency with basinwide authority,

governed by representatives of county and city governments. 3!

40403. The Legislature further finds and declares that the problems of small

businesses in complying with the rules and regulations of the south coast district

will frequently require special attention, and that it is the intent ofthe Legislature

that the south coast district assist small businesses in dealing with its administrative

procedure and in the acquisition of low~interest financing for the purchase of air

pollution control equipment.

40404. As used in this article, “plan” means the south coast district air quality ~

management plan.

Article 2. Creation of the South Coast Air Quality Management District

40410. There is hereby created the South Coast Air Quality Man2gernent

District in those portions of the Counties of Los Angeles, Orange, Riverside, and

San Bernardino included within the area ofthe South Coast Air Basin, as described

in Section 60104 of Title 17 of the California Administrative Code, as now or

hereafter amended.

40411. (a) The County of Ventura, and that portion of the County of Santa

Barbara included within the South Coast Air Basin, as described in Section 60104

of Title 17 of the California Administrative Code, as now or hereafter amended,

shall be included within the south coast district upon the adoption of a resolution

of approval by the south coast district board of a request submitted by the

appropriate board of supervisors.

(b) The inclusion ofthe county, or portion thereof, as the case may be, shall take

effect at the commencement of the first quarter commencing at least 60 days after

the adoption of the resolution.

(c) A copy of the resolution of approval shall be sent by the south coast district

board to the board of supervisors and the state board.

40412. The south coast district shall be the sole and exclusive local agency

within the South Coast Air Basin with the responsibility for comprehensive air

pollution control, and it shall have the duty to represent the citizens of the basin

in influencing the decisions of other public and private agencies whose actions

might have an adverse impact on air quality in the basin.

40413. The board of supervisors of a county that is only included in patt within

the sotith coast district may by resolution elect to have that area ofthe county not

included within the South Coast Air Basin included in the south coast district, or

the board of supervisors may contract with the south coast district to perform air

pollut-ipn control functions in that area of the county not within the South Coast

Air Basin, and the district may perform such functions for the county.

4A)414.No provision of this chapter shall constitute an infringement on the

existing authority of local government with regard to land use decisions, and no

provision of this chapter shall be interpreted as providing or transferring new

authority over such land use decisions to either the south coast district, the

Southern California Association of Governments, or tie state board.
AIR POLLUTION CONTROL LAWS 25

44)415. The Legislature recognizes the recent efforts of the Southern California

Air Pollution Control District in unifying the county districts in the South Coast

Air Basin into a single agency, and the south coast district board is hereby directed

to utilize the expertise and experience of the members of the Southern California

Air Pollution Control District and its technical staff to ensure that the transfer of

air pollution control functions from that air pollution control district to the south

coast district is as smooth and orderly as possible.

In addition, the Legislature recognizes the recent efforts of the Air Quality

Maintenance Plan Policy Task Force of the South Coast Air Basin to develop

workable mechanisms and procedures for air quality planning in that air basin, and

the south coast district board is hereby directed to encourage the participation of

the members of the task force in. the preparation, of the plan. V

40416. The south coast district shall commence operation on February 1, 1977,

and on that date, shall assume the authority, functions. and responsibilities of the

Southern California Air Pollutioti Control District.

‘V V • •,Ar~cle 2. Governing Body V~

N.. 40420. The district shall be governed by a district board consisting

‘~embers appointed as follows: V ~) Two members appointed by the Board of Supervisors of the County of Los V

V Ang~s, who shall be members of th~ board of supervisors.

(b) ~e member of the City Council of Los Angeles appointed j~f the Mayor

of Los An~les. V

(c) One ~mber of any city council, except the City Council of- Los Angeles,

in the portion of the County of Los Angeles included within the~south coast district

appointed by a committee consisting of the members/Of the city selection

committee from that portion of the county.

(d) One member appointed by each of the other hoards of supervisors of the

counties included, in whn~e or in part, within the’ south coast district, which

member shall be a membe?~qf the apoointing board of supervisors.

-“(e) ‘One member of any cit~’counciI in the County of Orange appointed by the

city selection-committee of that”county. /

(f) One member of any city co≥ndil irr’those portions of the Counties of Sari

Bernardino and Riverside included within the south coast district appointed by a

committee consisting of the members of the city selection comxr4ttees From those

portions of the two counties. ~•‘ V

(g) One member appointed by the Governor, with the advice and consent of

the Senate, for a term of, fIy.e years, which member shall he a resident oI the

County of Los Angeles an~”shall not be an elected public officer.

All members of the sg.4h coast district board shall be appointed not later than

January 31,, t977. /

A member of thØouth coast district board who is also a member of a board of

supervisors may~~point an alternate member in his place whb:shall he able to act

on all south~t district matters except on the budget of th~ soLith coast district~

41J421.,~) The Board of Supervisors of the County of Ventura ~hall appoint

one of~ members as a member of the south coast district board, if the county is

inclu~çled within the south coast district. ‘ V ~L~) The Board of Supervisors of the County of Santa Barbara shall appoint one

≠its members as ~ mernbe~ of the south coast district board, if the county, or that

,/portion of the county included within the South Coat Air Basin, is included withir

/_______________
Agenda ≠~l3

South Coast

AIR QUALITY MANAGEMENT DiSTRICT

DISTRiCT HEADQUARTERS

Q42~ TELSTAR AVENUE, EL MONTE. CALIFQRN~ 9I73~ • ~2I3i 443.393~

December 23, 1977

South’ Coast Air Quality

Management District Board

STATUS OF AIR POLLUTiON SERVICES FOR DESERT AREAS

With the enactment into law on October 1, 1977, of AB 121 (Lewis), ‘~i—~

member counties with areas in the Southeast Desert Air Basin have

the option either to be included in the South Coast Air Quality

Management District or to contract with the District to perform air

pollution control functions in those areas. Riverside, San Bernardino

and Los Angeles Counties have areas in the Southeast Desert Air

Basin (SEDAB).

By action of the River~coun~BoardofSupe~j~rs ~sof Deccrn -

ber l, 1977~ the j~~ABp~rtionofRiversjde County was included in

the South Coast Air Qulity~anag~mentDjstrjct

San Bernardino County continues to contract to have air pollution

control activities in the SEDAI3 portion of its county performed by the

District.

Currently, Los Angeles County has not contracted with this District

for air pollution services nor has it elected to have the SEDAB portjoi~

of its county included in the District. However, the Chief Admjnjstr~irive

Officer for Los Angeles County has strongly recommended to the Los

Angeles County Board of Supervisors contracting with this District for

air pollution services.

Respectfully,

Executive Officer

JAS:rr
South Coast

A QUAIl AG NT DISTRiCT

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August 6, 1980

Mr. Torn Austin

Executive Officer

California Air ~esources Board

P.O. Box 2815

Sacramento, CA 95812

Dear Torn:

Your staff has requested that I confirm the statement which

harmon Wong-Woo quoted in his July 10, 1980 letter with

respect to Regulation XIII, New Source Review. In that ARB

letter, Harmon quoted a statement which we have used in

connection with the Energy Commission’s hearings on the Cal

Coal project:

“Under Rule 1301(b), Regulation XIII is applicable to

‘areas of non-attainment of the national air quality

standards for such non-attainment air contatninants.’

Rule 1302(c) defines air contaminant as ‘any air

pollutant for which there is a national ambient air

quality standard, or precursor to such pollutant.’

Rule 1300 states that for Regulation XIII. ‘all

references to the national ambient air quality

standards shall be interpreted to include state

ambient air quality standards.’ Therefore, Regulation

Xli! applies to ‘non-attainment’ of state standards.

Moreover, it was staff’s intent to classify ‘area’

as either the South Coast I Basin or the Southeast

Desert Air Basin taken as a whole. This interpretation

is consistent with the EPA final ruling for new or

modified major stationary sources located in ‘clean

pockets’ within a designated non-atta~nmcnt area, as

it appeared in the May 13, 1980, Federal Register,

Vol. 45, No. 94, Pages 31307-31312.”

The statement which Harrncrn quoted is the way that we intend

to implement Regulation Xlii with respect tothe state standards,

precursors, and application to the two air ba~ins of the District.

if you have any questions, with respect to this interprct.ation,

please call Sanford Weiss at 213/572-6431.

Si~were1y,

(/t