State of California AIR RESOURCES BOARD State Building Room 1194 - Auditorium 350 McAllister Street San Francisco, California December 12, 1979 9:00 a.m. AGENDA PAGE 79-30-1 Approval of Minutes for July 26, 1979. 001 79-30-2 Public Hearing to Consider the Adequacy of the New 012 Source Review Rule of the Bay Area Air Quality Management District to Meet the Requirements of the Clean Air Act. 79-30-3 Other Business a. Executive Session Personnel Litigation b. Research Proposals c. Delegations to the Executive Officer ITEM NO.: 79-30-2 Public Hearing to Consider the Adequacy of the New Source Review Rule of the Bay Area Air Quality Management District to Meet the Requirements of the Clean Air Act. SUMMARY This hearing is held pursuant to SB 815 which added Sections 41650-41652 to the Health and Safety Code. Section 41650 provides that the ARB shall adopt, as part of the California State Implementation Plan (SIP), the nonattainment area plan approved by designated local agencies unless the Board fins, after a public hearing, that the plan will not meet the requirements of the Clean Air Act. This hearing is also governed by SB 2167 which added Section 41500.5 to the Health and Safety Code and Article 5.5 to the Government Code. This legislation provides that in the event the ARB finds that the Bay Area's Air Quality Plan "does not satisfy an applicable environmental protection standard required by federal law, or regulation adopted pursuant thereto,..." the ARB "shall return such plan, or portion thereof to the Association of Bay Area Governments for appropriate revision..." (Gov. Code Section 53098.2). This hearing, then, is held to consider the adequacy, within the context of the SIP, of the New Source Review rule adopted by the Bay Area Air Quality Management district and incorporated into the Air Quality Plan by the Association of Bay Area Governments, to Meet the Clean Air Act requirements. If the Board finds the rule inadequate it must remand the rule to ABAG and the District for appropriate revision. The staff recommends that the Board, pursuant to applicable procedures established by state law, find that the Bay Area new source review rule does not satisfy the requirements of the Clean air Act, and return the NSR rule to the Association of Bay Area Governments and the Bay Area air Quality Management District. The Board should also recommend that the District revise the rule to correct the following two deficiencies which affect other air basins. First, it is the staff's conclusion, based on available information, that increased NOx emissions from stationary sources within the San Francisco Air Basin will increase ozone levels in the Central Valley in the future and will effectively undermine the SIP control strategies of affected downwind areas. This deficiency would be eliminated if the District revises the NSR rule to require new or modified sources which increase emissions of any oxidant precursor more than 250 lbs/day to offset increased NOx emissions. Second, available data indicate that wind patterns in coastal waters off the Bay Area will bring emissions ashore into both the Bay Area and North Central Coast Air Basin (NCCAB). Those emissions entering the NCCAB could adversely affect air quality in the Monterey Bay Area and are inconsistent with the ozone control strategy adopted in the NCCAB SIP. This deficiency of the Bay Area NSR rule would be eliminated if the District revises the rule to extend consideration of emissions from cargo carriers to those occurring within California Coastal Waters adjacent to the District.