Great Basin Unified Air Pollution Control District Owens Lake Background Owens Lake is one of the largest sources of PM10 in the United States Water was first diverted from the Owens River to the City of Los Angeles in 1913, and by 1926 Owens Lake was dry. Today, the Owens lakebed produces enormous amounts of windblown dust in exceedence of federal air pollution standards for particulate matter. Particulate pollution is generally associated with dust, smoke and haze and is measured as PM10 , which is an acronym for particulate matter less than 10 microns in diameter. Breathing PM10 can cause a variety of health problems. The National Ambient Air Quality Standard for PM10 is set at 150 μg/m3 for a 24-hour average. Studies of dust transport from Owens Lake show that the standard can be exceeded more than 50 miles away and expose many more people to violations of the PM10 standard than just the residents near Owens Lake. The dust from Owens Lake affects about 40,000 permanent residents between Ridgecrest and Bishop. The City of Los Angeles ("City") commits to its responsibility to reduce particulate emissions from the Owens Lake bed so that the Owens Valley Planning Area ("OVPA") will attain and maintain the federal Clean Air Act ambient air quality standards for particulate matter (PM10, hereafter referred to as "the Standards") by the statutory deadline. In 2006, the District will make a determination whether the OVPA attains the Standards. In making that determination, the District will apply EPA’s Natural Events Policy. The City and Great Basin Unified Air Pollution Control District ("Great Basin APCD") commit to take the described actions with respect to the pending proceedings identified in Exhibit A. These actions will be taken in the context of settlement of existing disputes between the parties and in no way prejudices future actions on similar issues. Great Basin APCD agrees upon execution of this Agreement to revise its proposed 1997 State Implementation Plan (1997 SIP) and associated control measure Order (District Order 070297-04) to substantially conform to the provisions set forth below and consider for adoption such revised 1997 SIP and associated control measure Order by November 30, 1998. The City agrees not to legally challenge or appeal a revised 1997 SIP and associated control measure Order, provided they substantially conform to the provisions set forth below. City will implement control measures on 10 square miles of the Owens Lake bed by December 31, 2001. City will implement control measures on an additional 3.5 square miles of the Owens Lake bed by December 31, 2002, unless the District determines on or before December 31, 2001, that the OVPA will attain the Standards by the statutory deadline without implementation of further control measures. City will implement control measures on an additional 3 square miles of the Owens Lake bed by December 31, 2003, unless the District determines on or before December 31, 2002, that the OVPA will attain the Standards by the statutory deadline without implementation of further control measures. City will implement control measures on an additional 2 square miles of the Owens Lake bed in each calendar year after 2003, unless the District determines on or before December 31 of the previous year, that the OVPA will attain the Standards by the statutory deadline without implementation of further control measures. Control measures implemented pursuant to items (a), (b), (c) and (d), above, shall be located within the area identified in Exhibit C. The Great Basin APCD and the City may jointly agree to modify the locations identified in Exhibit C. Control measures implemented pursuant to items (a), (b), (c) and (d), above shall conform to the following. The City shall implement the control measures identified by Great Basin APCD as described in Exhibit B. The Great Basin APCD and the City may jointly agree to modify, or add one or more control measures to those identified in Exhibit B. On the 3.5 square miles of the "Dirty Socks" area identified as Areas F and G in Exhibit C, the City has the authority to try one or more control measures of its choosing not identified in Exhibit B. Great Basin APCD will revise the SIP in 2003 to incorporate the knowledge gained by early implementation of control measures (the "2003 SIP"). The 2003 SIP will provide for attainment in the OVPA of the Standards by the statutory deadline. In the event of a 2003 SIP legal challenge by the City, the City agrees to implement control measures on an additional 2 square miles of the Owens Lake bed annually, as provided in Section 3(d) above. Upon State approval of the 2003 SIP pursuant to Health & Safety Code Section 41650, the City shall be required to make-up any control shortfall caused by the City SIP challenge, if any, or shall be provided credit for control measure installation beyond the State approved SIP, if any. Any required control measure shortfall will be made up within one year of the approval of the SIP by the State. The City agrees to fully participate in the SIP revision public review process. The determination of when the OVPA has attained the Standards is the authority and responsibility of the Great Basin APCD. The City does not waive any legal right or remedy available to it with respect to any such determination. The City and Great Basin APCD staff shall meet at least annually for the purpose of evaluating the progress of control measures and will consider the advice of scientific experts that each party may invite to the meeting. This Memorandum of Agreement is effective upon adoption by the governing bodies of the parties. Either if CARB does not approve the revised 1997 SIP before February 28, 1999, or if EPA does not approve the revised 1997 SIP before August 20, 1999, this Memorandum of Agreement shall terminate. The City may establish a Joint Powers Authority or other appropriate entity as a mechanism to provide the water necessary to implement this Memorandum of Agreement. Wherever in this Memorandum of Agreement actions are authorized by joint agreement of the parties, neither party shall be obligated to agree. In this Agreement, the terms "Great Basin APCD" and "District" shall mean the Governing Board of the Great Basin Unified Air Pollution Control District. © GBUAPCD. All Rights Reserved.