MINUTES OF THE BOARD OF THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT
The meeting was called to order at 9:45 a.m. by Chairman Mikels.
1. Opening Comments
James M. Lents, Ph.D., Executive Officer. 1) Commented on: (i) the jet ski on display at AQMD Headquarters which utilizes a new, cleaner-burning two-cycle engine; (ii) AQMD's recent connection to Internet and placement of the agendas for the monthly Board meetings and daily air quality forecasts on the Internet at this time; (iii) continuance of Agenda Items 28 and 29 to the Board's August 11, 1995 meeting, since negotiations have not yet been concluded with the unions representing AQMD employees; and (iv) the public hearing on Proposed Rule 301.2 (copies of which were distributed to Board members and made available to the public) scheduled for the August 11 Board meeting. Staff did not become aware of the necessity for the proposed rule in sufficient time to place a "set hearing" item on the July 14 meeting agenda; however, the hearing was scheduled for the earliest possible date to avoid excessive penalties for certain companies. 2) Announced that Chief Prosecutor Diana Love accepted a position as the Director of U.S. Environmental Protection Agency's National Environment Investigations Center in Denver, Colorado, and will be leaving the AQMD in August to assume that position.
Chairman Mikels. Presented an award to Ms. Love in recognition of her service with AQMD; and, on behalf of the Board, commended her performance in carrying out the difficult prosecutorial tasks and extended their best wishes to Ms. Love in her new position.
CONSENT CALENDAR
2. Minutes of May 12 and June 9, 1995 Board Meetings
3. Report of the Public Advisor, Small Business Assistance, and
Economic
Development Offices
4. AQMD Advisor, July 1995
5. Set a Public Hearing on September 8, 1995 to Consider Amendments
to the
AQMD's Rules and Regulations, and to Adopt Any Necessary California
Environmental Quality Act Documentation for the Following Rule:
Amend Rule 1130 - Graphic Arts
6. Status Report Regarding Implementation of the Business Clean Air Partnership
7. Report of Civil Actions Filed
8. Report of Hearing Board Variances and Appeals
9. Recommendation to Adopt an AQMD Customer Bill of Rights
10. Recommendation Regarding Requests for Proposals for Fiscal
Years 1995-97
AB 2766 Discretionary Work Program Projects
11. Recommendation Regarding Retention of Contractors to Provide
Technical and
Contract Administrative Support for the AB 2766 Discretionary
Fund Program
as Part of the Fiscal Year 1995-96 AB 2766 Discretionary Work
Program
12. Recommendation to Execute Amendments to Contracts with the
University of
California, Riverside's College of Engineering - Center for Environmental
Research and Technology
13. Status Report on the 1994 Air Quality Management Plan
14. Status Report on Lead Agency Projects and Environmental Documents
Received
by the AQMD
15. Recommendation to Appropriate Funds for Phase II of the PM10
Technical
Enhancement Program (PTEP), Recognize Co-Sponsor Revenues, and
Release
Request for Proposals in Support of the PTEP
16. Recommendation to Amend Contract to Determine Limits of Best
Available Control
Measures for Fugitive Dust Under High Wind Conditions
17. Recommendation to Recognize Revenue and Appropriate Funds
to be Received
from the Environmental Protection Agency under the Section 105
Grant Program
18. Recommendation to Qualify Vendors to Provide PC, LAN, and
WAN Replacement
Parts and Repair Services
19. Recommendation to Qualify Vendors to Provide Library Services and Supplies
20. Rule Forecast Report
21. Recommendation to Receive and Allocate Environmental Protection
Agency Funds
for the Market Incentives Conference
22. Recommendation to Implement the Home Rule Working Group
23. Recommendation to Award Bid for Small Business Assistance Fund Consulting Services
24. Recommendation Regarding a Request for Proposals for Program
Development to
Simplify and Streamline Permitting Requirements
25. Recommendation to Appropriate Funds to Purchase Monitoring
Equipment and
Conduct Monitoring Studies
26. Recommendation to Allocate Environmental Protection Agency
Funds for the
Photochemical Assessment Monitoring Stations Program
27. Recommendation to Establish Classification of Telecommunications Supervisor
28. Recommendation Regarding Memoranda of Understanding With the
Federation
of Public Sector Workers
29. Recommendation Regarding Memorandum of Understanding With
the San Bernardino
Public Employees Association
30. Recommendation to Amend the AQMD's Salary Resolution to Establish
a
Provisional Salary Reduction Plan
31. Recommendation to Adopt Resolution to Renew General Services
Agreement
with Los Angeles County
32. Recommendation to Award Bid for Security Guard Services at
the Diamond Bar
Headquarters
33. Recommendation Regarding Appointments to the Advisory Council
Chairman Mikels noted a correction to a typographical error on Page 1 of the Minutes of the June 9, 1995 Board meeting, and indicated that revised copies had been distributed to Board members and made available to the public.
Agenda Items 10, 12, 15, 16, 20 and 24 were held for discussion.
ON MOTION OF MR. SILVA, SECONDED BY MS. HAGGARD, A UNANIMOUS VOTE WAS CAST BY THE BOARD MEMBERS PRESENT (Absent: Antonovich and Loveridge) APPROVING AGENDA ITEMS 2 THROUGH 9, 11, 13, 14, 17 THROUGH 19, 21 THROUGH 23 AND 25 THROUGH 33 AS RECOMMENDED, INCLUDING CONTINUANCE OF AGENDA ITEMS 28 AND 29 TO THE AUGUST 11, 1995 BOARD METING.
10. Recommendation Regarding Requests for Proposals for Fiscal Years 1995-97 AB 2766 Discretionary Work Program Projects
The following individuals addressed the Board to speak in support of the Mobile Source Air Pollution Reduction Review Committee's (MSRC) recommendation:
JOHN LONGVILLE, Mayor, City of Rialto/MSRC
PHYLLIS PAPEN, Mayor, City of Diamond Bar/L.A. County Metropolitan Transportation Authority
JOHN COX, Councilman, City of Newport Beach
MIKE MILLER, City of West Covina/San Gabriel Valley JPA
JUDY RIEKE, A-Z Bus Sales
MARK WARREN, Hughes Power Control Systems
CHRIS P. MARTIN, International Electric Grand Prix
MITCH BORETZ, Flintridge Consulting
BILL VAN AMBURG, CALSTART
LINDA WAADE, Coalition for Clean Air
TOM DOUGHTY, Los Angeles Department of Water and Power
VERONICA KUN, Natural Resources Defense Council
ALLAN ZOLNEKOFF, Mayor Pro Tem, City of Whittier
*ROBERT ZWEIG, M.D. and JULIE HANSEN, American Lung Association
DENNIS ZANE, Concerned Citizen
ENID JOFFE, Southern California Edison
LEE WALLACE, The Gas Company
KEN CHURCHILL, United Parcel Service
*TIM BAMRICK, Concerned Citizen
BILL WASON, BAT International
DAVID BRANDMEYER, Concerned Citizen
RON RICHELIEU, Structural Composites Industries
RICH KRANTZ, Specialty Vehicle Manufacturing
JERRY HART, Fullerton Unified High School District
CARL MOYER, Accurex Environmental Corporation
NEIL GARCIA-SINCLAIR, Concerned Citizen
ADI LIBERMAN, Amerigon Inc.
*Submitted Written Comments
In summary, the consensus was that the Work Program is well-balanced, covering virtually all the types of technologies that could be used for reduction of mobile source emissions; will provide cities the resources to employ advanced transportation technology and facilitate the infrastructure for the public to use it; targets advancement of the type of transportation technologies included in AQMD's Air Quality Management Plan and Southern California Association of Governments' Reasonability Plan; and is a key element to achieving clean air and promoting economic vitality in the South Coast region.
Comments were focused largely on the environmental and economic benefits to be gained from the proposed "Quick-Charge" Zero-Emission Vehicle (ZEV) Program. In particular, it is expected to be a catalyst for bringing electric vehicle (EV) production volume up and prices down, and making EVs more convenient to drive. EV-related jobs will rise dramatically, and the diversification of transportation options (EVs, reformulated gasoline, natural gas) will lead to competition and lower prices to consumers. In support of the proposed buydown incentive to consumers to purchase EVs, it was pointed out that each year the oil industry receives $20 billion in subsidies out of tax money--both in terms of tax credits and direct money. In addition, the oil industry received $123 billion during its growth period from 1919 through 1973.
In support of the School Bus Fleets Request for Proposals, Mr. Warren commented that: (i) school buses lend very well to zero-emission propulsion since most school routes fall within the driving profile and range readily achievable with present zero-emission onboard energy storage technology; (ii) most school buses have limited cycles--primarily in the morning and afternoon--leaving time for charging during the day; (iii) the differential costs for zero-emission or alternative-fuel school buses can readily be justified on reduced emissions alone; and (iv) children are especially susceptible to the effects of pollution; therefore it is fitting to eliminate to the greatest extent possible the immediate sources of pollution around children.
Speaking in opposition to the recommendation by MSRC were:
*WAYNE KING, Concerned Citizen
BILL WARD, Drivers for Highway Safety
ANITA MANGELS, Californians Against Hidden Taxes
LES BERRIMAN, Drivers for Highway Safety
*Submitted Written Comments
Mr. King, Ms. Mangels and Mr. Ward expressed opposition to the EV buydown incentive and suggested that the $6 million for that proposal be distributed to other alternatives. Mr. King read an abstract from a paper by Vlado Bevc of California Public Utilities Commission raising the issue of the effects which the introduction of electric vehicles will have on electric rates and the demand for production, processing and recycling of lead for use in batteries.
Mr. Berriman referred to a recent "white paper" by John Peters, AQMD Advisory Council member, stating that evidence of the association between magnetic fields and adverse health effects is strong enough that many informed policy analysts are suggesting prudent avoidance--such as discontinuing use of electric blankets and not building power lines close to homes. While the scientific data is being assembled to clarify current gray issues, it seemed to him appropriate to consider thoroughly the implications of exchanging a car that pollutes for one that may necessitate an increase in magnetic fields.
Written Comments Submitted by:
John Stearns, California Council on Science and Technology
Janis Day Christensen, National Association of Fleet Administrators
Sally Rakow, California Energy Commission
(Mr. Antonovich arrived at 10:15 a.m. and Mr. Silva left at 10:30 a.m., during public testimony)
Speaking in support of MSRC's recommendation, Mr. Braude expressed his belief that most of the accomplishments made thus far in eliminating pollutants from the air have been the result of AQMD pushing the state-of-the-art in technology. The projects in the Work Program are technology-neutral and, he believes, in the best public interest in terms of achieving clean air.
Ms. Soto commented on the Board's policy of supporting efforts to commercialize EVs and alternate fuel vehicles; and expressed the importance of this item to her, as a representative of many cities that are depressed and have high unemployment rates, because of the jobs that will be created as well as the emissions that will be reduced. By approving this item, she believed the Board will indicate that it still stands by its commitment to clean the air while promoting the improvement of the economy and quality of life in this region.
Ms. Haggard commented that the AB 2766 fee is a line item on motor vehicle registration; not a "hidden tax". It was her belief that the real hidden taxes are the cost increases that businesses must pass along to consumers as a result of burdensome regulations by agencies such as the AQMD in their efforts to meet federal and state mandates. By supporting the rapid development of advanced transportation technologies such as the MSRC proposals, she believes the Board is appropriately requiring drivers to share in the cost of reducing emissions from mobile sources.
Indicating his full support for MSRC's recommendation, Mr. Mikels commented on the rideshare bills currently before the legislature which will affect AQMD Regulation XV and result in a shortfall in terms of the emissions reduction deficit for mobile sources in the South Coast region. He added that the general consensus of the Board was that because of some of those measures and the rejection by our electorate and the constituents of certain behavioral modification rules encapsulated in the indirect source rules, reliance upon technology-based measures is now doubly important.
ON MOTION OF MR. BRAUDE, SECONDED BY MR. PAULITZ, A UNANIMOUS VOTE WAS CAST BY THE BOARD MEMBERS PRESENT (Absent: Loveridge and Silva) APPROVING AGENDA ITEM NO. 10 AS RECOMMENDED.
12. Recommendation to Execute Amendments to Contracts with the University of California, Riverside's College of Engineering - Center for Environmental Research and Technology
At Mr. Hewitt's request, Dr. Lents agreed to have a staff member meet with Mr. Hewitt and provide him information on the University of California, Riversides' College of Engineering - Center for Environmental Research and Technology (CE-CERT).
15. Recommendation to Appropriate Funds for Phase II of the PM10 Technical Enhancement Program (PTEP), Recognize Co-Sponsor Revenues, and Release Request for Proposals in Support of the PTEP
Mr. Hewitt expressed his concern and opposition to the initial idea of dividing the PM10 Task Force into two subgroups; one being a Technology Working Group. He believed the task force would be most effective in its entirety.
16. Recommendation to Amend Contract to Determine Limits of Best
Available Control
Measures for Fugitive Dust Under High Wind Conditions
In response to Dr. Burke, Planning Director Jack Broadbent explained that the additional $19,872 recommended was necessitated by the need for installation and leasing of field monitoring equipment which had been dismantled after the 1994 windy season. Because there were insufficient high wind events during 1994 to meet project objectives, staff plans to set up the equipment again during the 1995 fall windy season in expectation of a sufficient number of high wind events to enable staff to complete its study.
20. Rule Forecast Report
Dr. Lents noted the following addition and correction to the Rule Forecast Report, both of which were set forth in the Errata Sheet distributed to Board members and made available to the public:
On Page 1 - A public hearing on "Best Available Control Technology Methodology Report" was added for the September 1995 Board Meeting; and
On Page 2 - The date for the VOC RECLAIM Study Session was changed from September 8 to September 7, 1995.
24. Recommendation Regarding a Request for Proposals for Program
Development to
Simplify and Streamline Permitting Requirements
In response to Dr. Burke, Stationary Source Compliance DEO Pat Leyden and Assistant DEO William Fray explained that staff was attempting to set up a certification/registration program by the type of small business rather than having the equipment manufacturer certifying, on their initiative, the particular types of equipment. This recommendation responds to Item II of Chairman Mikels' Business Clean Air Partnership and begins to move small businesses away from onerous requirements and into a simple registration program.
ON MOTION OF MS. HAGGARD, SECONDED BY MR. PAULITZ, A UNANIMOUS VOTE WAS CAST BY THE BOARD MEMBERS PRESENT (Absent: Loveridge and Silva) APPROVING AGENDA ITEMS, 12, 15, 16, 20 AND 24 AS RECOMMENDED.
BOARD CALENDAR
34. Administrative Committee Report
35. Legislative Committee Report and Recommendations
36. Mobile Source Committee Report
37. Stationary Source Committee Report
38. Technology Committee Report
39. Air Resources Board Monthly Meeting Report
40. Interagency AQMP Implementation Committee Meeting Report
41. Mobile Source Air Pollution Reduction Review Committee Report
42. Additional Appointments to Standing Board Committees
Agenda Items 35 and 36 were held for discussion.
ON MOTION OF DR. WILSON, SECONDED BY MS. LEE, A UNANIMOUS VOTE WAS CAST BY THE BOARD MEMBERS PRESENT (Absent: Loveridge and Silva) APPROVING AGENDA ITEMS 34 AND 37 THROUGH 42 AS RECOMMENDED.
36. Mobile Source Committee Report
Ms. Haggard highlighted Item No. 3 on the Report, concerning update training for Employee Transportation Coordinators (ETCs). There was extensive discussion and concerns raised on this issue at the Board's May 12, 1995 meeting, and Ms. Haggard pointed out that staff has rapidly addressed all of those concerns. ETCs will have the option of reading a pamphlet, in lieu of attending training sessions, and returning to the AQMD a voucher signed by the ETC certifying that they have read and understand the entire pamphlet. AQMD will continue to offer training sessions, free of charge to attendees, in lieu of or in addition to reading the pamphlet; and these training sessions will be held at public buildings in order to reduce costs.
ON MOTION OF MS. HAGGARD, SECONDED BY DR. WILSON, A UNANIMOUS VOTE WAS CAST BY THE BOARD MEMBERS PRESENT (Absent: Loveridge and Silva) APPROVING AGENDA ITEM NO. 36 AS RECOMMENDED.
35. Legislative Committee Report and Recommendations
The following individuals addressed the Board regarding SB 772 (Hurtt) -- Prohibit Trip Reduction Plans:
CURTIS COLEMAN, Attorney, Southern California Air Quality Alliance of the California Manufacturers' Association
1) Urged the Board to support SB 772 (Hurtt) which would eliminate the trip reduction plan requirement under state law for the South Coast region. The Environmental Protection Agency (EPA) is under a congressional directive not to impose sanctions on states that do not implement the employee commute option program, and he expressed the Alliance's belief that California should join the 11 states that have either suspended or are seriously re-thinking implementation of trip reduction plans.
2) Urged the Board to change its position on SB 962 (Russell), Emission Fees--a bill not included in the Committee's Report--from "oppose" to "support". This bill, which was originally sponsored by the Alliance, was designed to prohibit the AQMD from imposing the RECLAIM trading credit emission allocation fee. It was the Alliance's belief that this fee is unfair and discriminates against RECLAIM sources. The Alliance and AQMD staff have recently reached an agreement, and the bill has been amended to provide AQMD the flexibility to increase individual fees by greater than the Consumer Price Index (CPI) cap, if necessary, to resolve inequities in the AQMD's fee system.
Legislative Director Catherine Witherspoon responded that staff had planned to provide an analysis of SB 962 at the next meeting of the Legislative Committee, recommending a "support" position on the bill.
ON MOTION OF MR. MIKELS, SECONDED BY MR. PAULITZ, A UNANIMOUS VOTE WAS CAST BY THE BOARD MEMBERS PRESENT (Absent: Loveridge and Silva) APPROVING THE FOLLOWING CHANGE IN POSITION ON SB 962 (RUSSELL): FROM "SUPPORT WITH AMENDMENTS" TO "SUPPORT AS AMENDED".
BILL WELLS, Pasadena Transportation Management Association
Commented that SB 772 passed the Assembly Transportation Committee on July 10, 1995--unamended; and urged the Board to adopt a "support" position, although the Legislative Committee's recommendation is "support with amendments". (Submitted Written Comments.)
LINDA WAADE, Coalition for Clean Air
Encouraged the Board and AQMD staff to make sure, if Regulation XV is eliminated, that other measures are proposed that will make up the shortfall in emission reductions. Before that however, she recommended that Rule 1501.1 be given a chance to prove its effectiveness.
Mr. Mikels responded that there was unanimous support by Legislative Committee members that any such shortfall in emission reductions be made up from mobile sources.
Ms. Witherspoon added a correction to staff's analysis on SB 1089 (Polanco). Staff recently learned that Senator Polanco preferred that only single-county air districts be exempted from certain socio-economic assessement requirements when adopting federal or state rules or attempting to streamline their own regulations.
Ms. Soto commented on lead legislators not acknowledging the difficult predicament AQMD will be in if Regulation XV is abolished and AQMD has to find other sources for achieving those emission reductions. She expressed her belief that the Board should proactively speak with legislators to gain the assistance and time needed to work through this predicament. While she recognized the business and political communities opposition to Regulation XV, she believes Rule 1501.1 has not been given an adequate opportunity to prove whether or not it can work.
ON MOTION OF DR. BURKE, SECONDED BY MR. HEWITT, A UNANIMOUS VOTE WAS CAST BY THE BOARD MEMBERS PRESENT (Absent: Loveridge and Silva) APPROVING THE LEGISLATIVE COMMITTEE REPORT, THE JOINT LEGISLATIVE AND MOBILE SOURCE COMMITTEE REPORT AND THE FOLLOWING POSITIONS AND POSITION CHANGES ON LEGISLATION, AS RECOMMENDED:
AB 795 (Goldsmith) -- Best Available Retrofit Control OPPOSE UNLESS
Technology AMENDED to
NEUTRAL
SB 199 (Kelley) -- Alternative Fuel Research, Programs OPPOSE
UNLESS
and Projects AMENDED to
SUPPORT IF
AMENDED
SB 1089 (Polanco) -- Streamlined Socio-Economic SUPPORT IF
Assessments AMENDED to
SUPPORT
SB 1299 (Peace) -- Consolidated Permitting Zones OPPOSE UNLESS
AMENDED to
SUPPORT WITH
MINOR
AMENDMENTS
SB 1302 (Peace) -- Clean Fuel School Buses SUPPORT
AB 526 (Sher) -- Indirect Source Controls WATCH to
SUPPORT WITH
AMENDMENTS
SB 382 (Lewis) -- Parking Charges; Shopping Trips NEUTRAL to
SUPPORT
SB 437 (Lewis) -- Restriction: Trip Reduction NEUTRAL to
SUPPORT WITH
AMENDMENTS
SB 501 (Calderon) -- Vehicle Retirement; Scrappage OPPOSE UNLESS
AMENDED to
CONDITIONAL
SUPPORT
SB 772 (Hurtt) -- Prohibit Trip Reduction Plans NEUTRAL to
SUPPORT WITH
AMENDMENTS
SB 836 (Lewis) -- Trip Reductions: Statewide Definition NEUTRAL
to
SUPPORT WITH
AMENDMENTS
SJR 2 (Russell) -- Employer Trip Reduction Plans: NEUTRAL to
Resolution on ECO Mandate SUPPORT WITH
AMENDMENTS
SJR 5 (Kopp) -- Federal Clean Air Act: Resolution on NEUTRAL to
All Prescriptive Mandates SUPPORT WITH
AMENDMENTS
CLOSED SESSION
46. Recommendation Regarding a Closed Session to Consider Pending or Potential Litigation and Personnel Matters
The Board recessed to closed session at 11:55 a.m. to confer with its Labor Negotiator pursuant to Government Code Section 54957.6; and reconvened at 1:00 p.m.
(Dr. Burke and Mr. Hewitt left at 1:00 p.m.)
PUBLIC HEARINGS
43. Amend Rule 1149 - Storage Tank Degassing
The staff report was presented by Larry Bowen, Stationary Source Compliance Senior Manager. Mr. Bowen noted that Subparagraph (c)(1) of the Proposed Amended Rule was revised by staff to include additional language, as follows:
"(1) Above-ground stationary tank
Where a tank, reservoir, or container shall be opened to the
atmosphere, a A person shall not allow .
. ."
Copies of the revised language were distributed to Board members and made available to the public. The public hearing was opened, and the Board heard testimony from Sharon Rubalcava, Attorney, on behalf of ARCO Pipeline Company, in support of the proposed amended rule, with the revised language to Subparagraph (c)(1).
There being on further testimony, the public hearing was closed.
ON MOTION OF DR. WILSON, SECONDED BY MS. HAGGARD, A UNANIMOUS VOTE WAS CAST BY THE BOARD MEMBERS PRESENT (Absent: Burke, Loveridge and Silva.) ADOPTING RESOLUTION NO. 95-15, AMENDING RULE 1149 AND CERTIFYING THE EXEMPTION FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUIREMENTS AS RECOMMENDED, WITH THE FOLLOWING MODIFICATION TO SUBPARAGRAPH (c)(1) OF THE RULE:
"(1) Above-ground stationary tank
Where a tank, reservoir, or container shall be opened to
the atmosphere, a A person
shall not allow . . ."
44. Amend Rule 1166 - Volatile Organic Compound Emissions from Decontamination of Soil
Mr. Bowen presented the staff report. The public hearing was opened; and there being no requests from the public to comment on this item, the hearing was closed.
ON MOTION OF MS. HAGGARD, SECONDED BY MS. SOTO, A UNANIMOUS VOTE WAS CAST OF THE BOARD MEMBERS PRESENT (Absent: Burke, Loveridge and Silva.) ADOPTING RESOLUTION NO. 95-16, AMENDING RULE 1166 AND CERTIFYING THE EXEMPTION FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUIREMENTS AS RECOMMENDED.
45. Adopt Proposed Rule 2100 - Registration of Portable Equipment
William Fray, Assistant DEO/Stationary Source Compliance, presented the staff report; and brought attention to the following correction made to a typographical error in Subparagraph (e)(6)(v) of the proposed rule:
"(v) Engines subject to AQMD Rule 1110.2 shall expire
if the subject engines comply with the rule by
the scheduled compliance date."
Copies of the revised language were distributed to Board members and made available to the public. The public hearing was opened, and the Board heard testimony from the following individuals:
MICHAEL LEWIS, Construction Industry Air Quality Coalition
JEB STUART, Southern California Contractors' Association
ROBERT SHEPHERD, Shepherd Machinery Company/Power Systems Associates
TERRY ELLIS
LEE WALLACE, The Gas Company
GREG ADAMS, Los Angeles County Sanitation Districts
*JOHN BILLHEIMER, Consultant
ROBERT HASBRAU, Wetherford Company
JAMES THOMAS, California Energy Services
*Submitted Written Comments
(Mr. Braude left at 1:30 p.m., during public testimony)
Industry representatives requested that the Board continue the public hearing for 90 days pending the outcome on Assembly Bill 531 (Morrissey), which would establish a statewide standard and statewide registration of certain portable equipment, to be administered by the Air Resources Board. It was indicated that there has been no opposition to AB 531 and it will most likely pass. Full support was expressed for a statewide registration program; however, industry has numerous concerns with both the California Air Pollution Control Officers Association (CAPCOA) Portable Equipment Model Rule and AQMD's Proposed Rule 2100. Since the release of CAPCOA's Model Rule in April 1994, only four California air districts have adopted the rule; and each of those districts has made slight changes in their rule. Industry believes this defeats the intent of consistency and uniformity among the different air districts in statewide registration of this equipment.
In response to a question by Mr. Paulitz as to whether the public
hearing would still need to go forward if AB 531 does pass, Mr.
Fray clarified that AB 531 would then become law on January 1,
1996 and ARB will promulgate a rule approximately January 1, 1997.
Staff believed the Board would therefore want to adopt Proposed
Rule 2100 sooner than January 1997.
Mr. Paulitz expressed his desire to have a revised Proposed Rule
2100 brought back to the Board in 90 days after staff has worked
with industry on addressing their concerns with the existing proposed
rule so that there is a rule in place for the portable equipment
until ARB's rule projected for January 1997.
ON MOTION OF MS. SOTO, SECONDED BY MR. ANTONOVICH, A UNANIMOUS VOTE WAS CAST OF THE BOARD MEMBERS PRESENT (Absent: Braude, Burke, Hewitt, Loveridge and Silva.), CONTINUING THE PUBLIC HEARING ON PROPOSED RULE 2100 TO THE OCTOBER 13, 1995 BOARD MEETING.
PUBLIC COMMENT PERIOD - (Public Comment on Non-Agenda
Items,
Pursuant to Government Code Section 54954.3)
There was no public comment on non-agenda items.
ADJOURNMENT
The meeting was adjourned by Chairman Mikels at 2:05 p.m.
The foregoing is a true statement of the proceedings held by the South Coast Air Quality Management District Board on July 14, 1995.
Respectfully Submitted,
SAUNDRA MCDANIEL
Senior Deputy Clerk
Date Minutes Approved: _____________________________
_________________________________________________
Jon D. Mikels, Chairman