The meeting was called to order at 9:35 a.m. by Chairman Mikels.
1. Opening Comments
James M. Lents, Ph.D., Executive Officer. 1) Announced
that the group conducting the Grand Canyon Visibility Study on
the Los Angeles area will hold two public hearings in California;
one in Los Angeles on December 7, 1995 at 5:00 p.m. at the Los
Angeles Department of Water & Power, and one in Sacramento
on December 5, 1995 at 5:00 p.m. 2) Referring to a Los Angeles
Times newspaper article stating that ARB is considering easing
the state mandate for zero-emission vehicles, commented that AQMD
must aggressively have mobile source emissions reduced if this
region is to meet air quality standards. 3) Introduced Mr. Leon
Billings, AQMD's representative in Washington, D.C. since 1987,
who spoke briefly on his representation of the AQMD during consideration
of the 1990 Clean Air Act and highlighted current events in Washington
concerning clean air. Mr. Billings' contract with AQMD is ending,
and in appreciation to the Board for their support and allowing
him the opportunity to represent AQMD, Mr. Billings presented
the Board with a reproduction of the title and signature pages
of the 1990 Clean Air Act bearing the signatures of President
Bush and then-senate majority pro tem
Robert C. Berg.
CONSENT CALENDAR
2. Minutes of October 13, 1995 Board Meeting
3. Report of the Public Advisor, Small Business Assistance, Economic
Development and
Local Government Offices
4. AQMD Advisor, November 1995
Set Public Hearings to Consider Amendments to the AQMD's Rules
and Regulations,
and to Adopt Any Necessary California Environmental Quality Act
Documentation
for the Following Rules for December 7 and December 8, 1995:
5. Adopt Proposed Rule 518.2 - Federal Alternative Operating Conditions
6. Amend Rule 1134 - Emission of Oxides of Nitrogen from Stationary
Gas Turbines
7. Rescind Rule 1129 - Aerosol Coatings and Amend Rules 1106.1
- Pleasure
Craft Coating Operations; 1107 - Coating of Metal Parts and Products;
1128 - Paper, Fabric, and Film Coating Operations; 1130 - Graphic
Arts;
1145 - Plastic, Rubber, and Glass Coatings; and 1151 - Motor Vehicle
and
Mobile Equipment Non-Assembly Line Coating Operations
8. Adopt Proposed Rule 118 - Emergencies
9. Amend Regulation XX - Regional Clean Air Incentive Market (RECLAIM)
10. Adopt Proposed Rule 2202 - On-Road Motor Vehicle Mitigation
Options
and Rescind Rules 1501 and 1501.1
11. Status Report Regarding Implementation of the Business Clean
Air Partnership
12. Report of Civil Actions Filed
13. Report of Hearing Board Variances and Appeals
14. Recommendation to Adopt a Resolution Amending Resolution No.
94-5 as Reaffirmed
by Resolution No. 95-17 Regarding the Issuance of Bonds to Retire
the Unfunded
Accrued Liability for Employees Participating in the San Bernardino
County
Employees' Retirement Association and Authorizing Additional Related
Actions
15. Approve Selection of Consultant as Zero-Emission Vehicle "Quick
Charge" Outreach Coordinator for Fiscal Year 1995-97 AB 2766
Discretionary Work Program
16. Recommendation to Cosponsor Demonstrations of Natural Gas
Engines in
Heavy-Duty Trucks
17. Recommendation to Cosponsor a Navigation System and Traffic
Data Field Test
18. Recommendation to Recognize Revenue from the U.S. Environmental
Protection
Agency and Appropriate Funds to Cosponsor CALSTART's Electric
Station
Car/Corridor Shuttle Program
19. Status Report on Lead Agency Projects and Environmental Documents
Received
by the AQMD
20. Ninth Semi-Annual Report of the Coachella Valley PM10 Technical
Working Group
21. Recommendation to Execute a Memorandum of Understanding for
the City of
Los Angeles' Contribution to the PM10 Technical Enhancement Program,
and
Recognize Other Cosponsor Contributions to PTEP as a Supplement
to the
FY 1995-96 Budget
22. Recommendation to Amend Contracts for Review and Data Entry
of AB2588
Air Toxics Inventory Plans and Reports
23. Recommendation to Release a Request for Proposals for Telecommunication
Services
24. Recommendation to Lease Business Computer Hardware and Software
25. Recommendation to Award Contracts for the Air Quality Investment
Program
26. Rule Forecast Report
27. Recommendation to Prequalify Providers of Temporary Employment
Services
28. This item has been withdrawn.
Agenda items 5, 8, 10 and 27 were held for discussion. Dr. Lents
indicated that staff recommended continuing Agenda Item No. 24
to the December 7, 1995 Board meeting.
ON MOTION OF MS. SOTO, DULY SECONDED, A UNANIMOUS VOTE WAS CAST
BY THE BOARD MEMBERS PRESENT (Absent: Antonovich, Lee and Silva)
APPROVING AGENDA ITEMS 2 THROUGH 4, 6, 7, 9, 11 THROUGH 23, 25
AND 26, AS RECOMMENDED BY STAFF; AND ADOPTING RESOLUTION NO. 95-32
REGARDING THE ISSUANCE OF BONDS TO RETIRE THE UNFUNDED ACCRUED
LIABILITY FOR EMPLOYEES PARTICIPATING IN THE SAN BERNARDINO COUNTY
EMPLOYEES' RETIREMENT ASSOCIATION AND AUTHORIZING ADDITIONAL RELATED
ACTIONS.
5. Set a Public Hearing for December 7, 1995 to Adopt Proposed
Rule 518.2 - Federal Alternative Operating Conditions
8. Set a Public Hearing for December 7, 1995 to Adopt Proposed
Rule 118 - Emergencies
Dr. Lents noted that the December 8, 1995 public hearing date
indicated in the Board letters for these two items should be corrected
to December 7, 1995.
(Written comments on Agenda Item No. 5 were submitted by Margaret
A. Yowell, Attorney/McCutchen, Doyle, Brown & Enersen, on
behalf of Rhone-Poulenc Basic Chemicals Company)
10. Set a Public Hearing for December 8, 1995 to Adopt Proposed
Rule 2202 - On-Road Motor Vehicle Mitigation Options and Rescind
Rules 1501 and 1501.1
James J. Lantry of the California Retail Air Quality Coalition
addressed the Board in opposition to scheduling a public hearing
to adopt the rule being proposed; and urged the Board to direct
staff to work with the regulated community to develop a new regulation
that will keep faith both with the legislature and the people
living in the South Coast air basin. (Submitted Written Comments.)
27. Recommendation to Prequalify Providers of Temporary Employment
Services
Ms. Soto thanked staff for responding to her request at the October
13, 1995 Board meeting that when listing contractors/vendors,
staff identify those businesses which are minority-owned or woman-owned.
ON MOTION OF MR. PAULITZ, DULY SECONDED, A UNANIMOUS VOTE WAS
CAST BY THE BOARD MEMBERS PRESENT (Absent: Antonovich, Lee and
Silva): (1) APPROVING AGENDA ITEMS 5 AND 8, CORRECTING THE BOARD
LETTERS TO INDICATE THAT THE PUBLIC HEARINGS WILL BE HELD ON DECEMBER
7, 1995; (2) APPROVING AGENDA ITEM NO. 10 AS RECOMMENDED; (3)
CONTINUING AGENDA ITEM NO. 24 TO THE DECEMBER 7, 1995 BOARD MEETING;
AND
(4) APPROVING AGENDA ITEM NO. 27 AS RECOMMENDED.
BOARD CALENDAR
29. Administrative Committee Report
30. Legislative Committee Report and Recommendations
31. Mobile Source Committee Report
32. Stationary Source Committee Report
33. Technology Committee Report
34. Air Resources Board Monthly Meeting Report
35. Interagency AQMP Implementation Committee Meeting Report
36. Mobile Source Air Pollution Reduction Review Committee Report
37. Advisory Council Minutes of September 28, 1995 Meeting
ON MOTION OF MS. HAGGARD, SECONDED BY MS. SOTO, A UNANIMOUS VOTE
WAS CAST BY THE BOARD MEMBERS PRESENT (Absent: Antonovich, Lee
and Silva), APPROVING AGENDA ITEMS 29 THROUGH 37 AS RECOMMENDED.
38. Discussion Regarding Designated Deputy Hiring
Expressing his belief that the Board should be more deeply involved
in the recruitment of AQMD's senior personnel,
MR. HEWITT MOVED THAT UPON THE VACANCY IN ANY OF THE POSITIONS
LISTED BELOW OR SUCH EQUIVALENT POSITIONS AS MAY BE CREATED, WHETHER
THAT VACANCY OCCURS DUE TO RESIGNATION, RETIREMENT, DISMISSAL,
TRANSFER OR ANY OTHER REASON, THE ADMINISTRATIVE COMMITTEE SHALL
APPOINT A SEARCH COMMITTEE CONSISTING OF THREE BOARD MEMBERS,
THE EXECUTIVE OFFICER, AND ONE MEMBER OF THE PUBLIC SELECTED BY
THE CHAIR, TO CONDUCT A SEARCH FOR THE REPLACEMENT OR IN THE ALTERNATIVE
TO RECOMMEND ABOLITION OF THE POSITION. THE SEARCH COMMITTEE SHALL
MAKE ITS RECOMMENDATIONS TO THE FULL BOARD FOR BOARD ACTION.
Positions
THE MOTION WAS SECONDED BY MS. SOTO.
Messrs. Braude and Loveridge expressed opposition to the motion,
primarily because it would dissipate the authority and accountability
of the Executive Officer for the performance of senior management
staff.
Mr. Paulitz commented that of the positions mentioned, he would
possibly want the Executive Officer to consult with a committee
or send it through the committee informing them of his plans only
with respect to four positions: DEO/Planning, Transportation,
and Information Management, DEO/Stationary Source Compliance,
Chief Scientist and General Counsel. He also suggested that perhaps
the Board should consider performance reviews for General Counsel
and the Executive Officer positions. He expressed opposition to
the motion, unless it was significantly modified.
Speaking in support of the motion, Ms. Soto expressed her belief
that the best way to get accountability would be through the proposed
committee.
MR. HEWITT AMENDED HIS MOTION TO LIMIT IT TO FOUR POSITIONS: DEO/PLANNING,
TRANSPORTATION, & INFORMATION MANAGEMENT, DEO/STATIONARY SOURCE
COMPLIANCE, CHIEF SCIENTIST AND GENERAL COUNSEL. MS. SOTO SECONDED
THE AMENDED MOTION.
Dr. Wilson commented that while he appreciated the spirit of the
motion, Riverside County's Board of Supervisors recently heard
a report from a committee that was charged with a year-long study
of reorganization and restructuring of Riverside County's government.
One of the strongest recommendations the committee brought forward
was that Riverside give the responsibility of hiring and firing
and accountability to their Chief Administrative Officer, rather
than having the Board micro-managing all of those decisions. He
supported that recommendation; and for that reason, he opposed
the motion.
Expressing opposition to the motion, Dr. Burke commented that
since the Administrative Committee has the responsibility for
oversight of personnel matters, he did not think it was necessary
for the Board to overlap that responsibility.
Chairman Mikels pointed out that all of the positions first mentioned
are under contract, and in addition to being reviewed by the Administrative
Committee, those contracts must be approved by the Board before
they can be enacted. Also, the Board directly appoints the General
Counsel, so that position is irrelevant as part of the amended
motion. He preferred to leave the recruitment effort in the hands
of the Executive Officer, let him make the decisions and hold
the Executive Officer accountable. The positions discussed, with
the exception of General Counsel, are responsible and answerable
directly to the Executive Officer and not the Board.
(Mr. Antonovich arrived at 10:15 a.m.)
Commenting that it did not appear that there would be seven affirmative
votes for the amended motion,
MR. HEWITT WITHDREW HIS MOTION AND MOVED THAT THE BOARD CONTINUE
THIS ITEM TO THE DECEMBER 7, 1995 BOARD MEETING. THE MOTION WAS
SECONDED BY MS. SOTO.
Dr. Lents responded that recruitment for the positions mentioned
has never been held entirely within the agency, and an outside
panel is always created to screen candidates and select the top
candidates. Once he makes a decision on who to hire, then he must
get the ratification of the Board on that contract, so the Board
does have the opportunity to disagree with the candidate selected
and send it back. He believed it would impact the Executive Officer's
ability to manage the staff to have the Board take over the recruitment/selection
process, and it seemed to him inappropriate and duplicative for
Board members to be involved in the candidate selection process
and approval of the contract as well.
Mr. Braude commented that Mr. Hewitt could request that this matter
be considered by the Administrative Committee, but he believed
it was inappropriate to continue this item to next month's Board
meeting in expectation of seven affirmative votes.
THE MOTION BY MR. HEWITT TO CONTINUE AGENDA ITEM NO. 38 TO THE
DECEMBER 7, 1995 BOARD MEETING FAILED BY THE FOLLOWING VOTE:
AYES: Antonovich, Hewitt and Soto.
NOES: Braude, Burke, Haggard, Loveridge, Mikels, Paulitz and Wilson.
ABSENT: Lee and Silva.
ON MOTION OF MR. BRAUDE, DULY SECONDED, A UNANIMOUS VOTE WAS CAST
BY THE BOARD MEMBERS PRESENT (Absent: Lee and Silva) REFERRING
AGENDA ITEM NO. 38 TO THE ADMINISTRATIVE COMMITTEE.
Chairman Mikels indicated that the item would be placed on the
agenda for the next meeting of the Administrative Committee.
PUBLIC HEARINGS
39. Amend Regulation XIII - New Source Review and Rule 212 - Standards
for Approving Permits
Anupom Ganguli, Senior Manager/Stationary Source Compliance, presented
the staff report. Staff recommended that the Board direct staff
to return to the Board within four months with a report on resolution
of the following issues:
(i) Federal Land Manager (FLM) Notification and Visibility
Analysis Requirements - staff believes further work can be
done in this area;
(ii) Defining Start of Construction Pursuant to Clean Air Act
Requirements - this definition belongs in a Regulation II
rule other than Rule 212 and staff is requesting a continuation
so that the rule can be approved by EPA as soon as possible; and
(iii) Continued Exemption of Private Landfills as Essential
Public Services - this will require recirculation of the Environmental
Assessment.
In keeping with those three items, staff distributed to Board
members, and made copies available to members of the audience,
replacement pages for PAR 1302 and PAR 1303 and a revised Resolution
for PAR 212 and PAR XIII.
In response to a comment by Ms. Soto, staff agreed to report on
the impact to small businesses when staff reports back to the
Board in one year on the effectiveness of the tracking system
and the overall NSR offset requirements relative to state and
federal requirements.
Pat Leyden, DEO of Stationary Source Compliance, commented that
staff was asked by the Stationary Source Committee to invite EPA
to attend the public hearing on this item to answer any questions
the Board might have of EPA. However, David Howekamp was unable
to attend the public hearing because of EPA's present budget constraints.
Mr. Howekamp had, however, faxed to staff his testimony on this
item, copies of which were distributed to Board members. Ms. Leyden
read excerpts from Mr. Howekamp's testimony supporting the proposed
amendments and expressing EPA's commitment to work with staff
on resolving outstanding issues related to construction activities,
implementation of an enhanced NSR tracking system and visibility
analysis/FLM notification.
The public hearing was opened, and the Board heard testimony from
the following individuals:
ROBERT WYMAN, Attorney representing Regulatory Flexibility Group
*GILBERT WOLVERTON, Small Business Coalition of Southern California
DANIEL McGIVNEY, Eastern Municipal Water District
MARTIN LEDWITZ, Southern California Edison
*JEB STUART, Construction Industry Air Quality Coalition
*GREG ADAMS, Los Angeles County Sanitation Districts
*DEE ALLEN, City of Los Angeles
RON WILKNISS, Western States Petroleum Association
*LISA OHLUND, Southern California Alliance of Publicly Owned Treatment Works
BILL TARASCHI and LINDA COHU, ARCO
SHARON RUBALCAVA, Attorney representing Browning Ferris Industries
*LEE WALLACE, The Gas Company
CURTIS COLEMAN, Printers Committee of California Film Extruders and Converters Association
*CAROLYN GREEN, Ultramar Inc.
ROBERT SHEPHERD, Power Systems Associates
ED TORRES, Orange County Sanitation Districts
MICHAEL CARROLL, Attorney representing Northrop-Gruman Corporation
TODD LITTLEWORTH, Attorney representing Association of American Railroads
*Submitted Written Comments
Following is a summary of the main issues raised and recommendations
made during public testimony.
Issue: "Potential to emit" vs. "actual emissions".
The proposed four tons per year exemption will not allow existing
small businesses with actual emissions less than four tons per
year to accept permit conditions limiting them to that amount
if they have the potential to emit more than four tons per year.
Small businesses cannot then access the small business BACT.
Recommendation: Supportive of Ms. Soto's recommendation
that staff report back in one year after evaluating the potential
impacts on small businesses.
Issue: Consistency for the definition of "small business".
Recommendation: The definition in Regulation XIII be consistent
with the recent BACT Methodology Report adopted by the Board.
Issue: NSR potential impact on retail gasoline outlets.
Elimination of the Community Bank differentially penalizes high
volume gasoline outlets, with no environmental benefits.
Recommendation: Provide an exemption for all retail gasoline
outlets; or keep the VOC threshold at its current 5.5 tons per
year level, rather than 4 tons per year.
Issue: Assurance that EPA's interpretation is the same
as AQMD's with respect to the scope of modifications that would
trigger NSR and use of Title V (Regulation XXX) certifications
of compliance rather than requiring a separate certification for
Regulation XIII.
Recommendation: The Board direct staff to include this
among the issues for further discussion and work with the affected
industry and with EPA to seek EPA's explicit written agreement
as to their interpretation of the same key provisions. Also, that
staff report back to the Board on the options available for seeking
additional flexibility in NSR rules and regulations.
Issue: FLM notification and visibility analysis requirements
will increase the workload for FLMs and the Forest Service, which
are understaffed; and will impact businesses because each new
permit or change to an existing permit will require an expensive
visibility study.
Recommendation: Conduct one visibility study for the entire
basin, and remove the requirements of visibility determinations
from individual facilities. Defer the visibility issue to work
on resolving the issue, as recommended by staff.
Issue: The proposed provision that internal combustion
engines not be kept at one facility for more than one year is
impractical. Such equipment cannot meet the ground level impact
modeling requirements of Rule 1303 and would not be able to be
moved around a facility if required to be connected to enormous
control equipment, i.e., ammonia tanks and metering equipment.
Recommendation: Amend Regulation XIII to include the definition
of "location" that is being proposed in PR 2100 (Agenda
Item No. 41) instead of "facility". The definition in
PR 2100 allows facilities to move portable equipment from site
to site within a facility and have each of those sites considered
a new location, so that the 12-month timeclock starts over at
each site. With respect to storage yards where portable equipment
is stored and not operated, either exempt storage yards from the
one-year location restriction or retain the word "used"
in Rule 1304 (a)(8) so that equipment sitting idle at a storage
yard would not be required to be removed or replaced. Additionally,
Rule 219 (l)(3), which limits operation of portable rental equipment
to 90 days or less at a site, should be amended as soon as possible
to be consistent with the one-year location in the EPA non-road
definitions.
Issue: Use of the term "source" in the applicability
provision is inconsistent with the intent of Regulation XIII,
which deals with "permit unit". The second sentence
in Rule 1302 (g) states that "source" includes any permit
unit in any non-RECLAIM facility and any device at a RECLAIM facility.
Recommendation: Modify the regulation to define "source"
as any permitted individual piece of equipment. Delete the second
sentence of Rule 1302(g) or have staff clarify on the record their
intent that this has no substantive effect on the calculation
of emissions in the performance of NSR; and what is meant by "device
at a RECLAIM facility".
Issue: The amended definitions proposed for "major
polluting facility" and "major modification" in
Subparagraphs (o) and (p) of PAR 1302 are too onerous if implemented
at the one pound level.
Recommendation: Defer action on PAR 1302 (o) and (p) until
after EPA has published draft NSR requirements.
Issue: The proposed amendment to delete private landfills
from the definition of "essential public service" is
inconsistent with the regional approach to waste disposal in this
area, which depends on a partnership between public and private
landfills. Whether public or private, landfills provide a needed
service to citizens. Additionally, there may be a shortage of
NOx ERCs within two to three years. If no ERCs are available,
private landfills will not be able to permit flares and will not
be able to comply with AQMD rule requirements.
Recommendation: Retain the present definition of essential
public service. Defer action on this issue until after the Environmental
Assessment has been recirculated, as recommended by staff.
Issue: The NSR debt forgiveness provision proposed places
"cleaner" facilities at a competitive disadvantage.
Recommendation: Postpone adoption of PAR 1301 (c)(2) to
allow staff time to identify those facilities in the basin that
have spent over a certain amount to erase their book balances;
and, if there are only a small number of facilities in that category,
return those credits to the facilities.
Issue: Essential public service projects should not be
either delayed or denied simply because of the inability to carry
over emissions credits from a previous quarter, as recommended
in PAR 1309.1.
Recommendation: Retain the existing provision in Rule 1309.1
that excess credits in the Priority Reserve will be available
for use in the following quarter.
There being no further testimony, the public hearing was closed.
Written Comments Submitted by:
Bernard K. Zysman, Occidental Chemical Corporation
MS. SOTO MOVED APPROVAL OF THE REVISED RESOLUTION, CERTIFYING
THE SUBSEQUENT ENVIRONMENTAL ASSESSMENT AND AMENDING REGULATION
XIII AND RULE 212, INCLUDING THE REVISED LANGUAGE FOR RULES 1302
(k) AND 1303 (b)(5), AS RECOMMENDED BY STAFF. THE MOTION WAS SECONDED
BY
MS. HAGGARD.
At Mr. Braude's request, Chairman Mikels indicated that the Board
would consider the eight amendments proposed by the City of L.A.
in the letter to the Board dated November 16, 1995, and then take
a recess to allow staff time to prepare a summary of the comments
made during public testimony.
MR. BRAUDE MOVED TO AMEND THE MAIN MOTION TO ADD THE FOLLOWING
LANGUAGE TO THE RESOLUTION:
"BE IT FURTHER RESOLVED that the AQMD Governing Board
hereby directs staff to report back to the Board within one year,
or sooner if warranted, on the impacts to small businesses, if
any, of the adopted Regulation XIII amendments. The report should
address the number of small businesses utilizing the facility
exemption, the number of small businesses required to purchase
offsets, the cost of emission reduction credits, and any other
pertinent information."
THE MOTION WAS SECONDED BY MS. HAGGARD.
Ms. Leyden responded that the proposed language addressed the
comment by Ms. Soto regarding potential small business impacts,
which staff agreed to include in the Resolution. Rather than introducing
a new resolution, staff recommended adding the words "including
potential small business impacts" to the fifth full paragraph
on the third page of the Resolution. Ms. Haggard asked that the
word "small" be deleted, because she had concerns about
larger businesses locating to this region also. Staff indicated
agreement, and Mr. Braude modified his motion as follows.
ON MOTION OF MR. BRAUDE, SECONDED BY MS. HAGGARD, A UNANIMOUS
VOTE WAS CAST BY THE BOARD MEMBERS PRESENT (Absent: Hewitt, Lee
and Silva) AMENDING THE MAIN MOTION TO MODIFY THE FIFTH PARAGRAPH
ON THE THIRD PAGE OF THE REVISED RESOLUTION AS FOLLOWS:
" ... The staff shall report back to the Board as required
in Regulation XIII regarding the effectiveness of the tracking
system and the overall NSR offset requirements relative to state
and federal requirements, including potential business impacts."
Upon staff's indication that they had no objections or comments
regarding Items 4 and 5 in the City of L.A.'s letter,
ON MOTION OF MR. BRAUDE, SECONDED BY MS. HAGGARD, A UNANIMOUS
VOTE WAS CAST BY THE BOARD MEMBERS PRESENT (Absent: Hewitt, Lee
and Silva), AMENDING THE MAIN MOTION TO:
Modify Rule 1302(gg) to read:
"SOURCE means any permitted individual unit, piece
of equipment, article, article, machine, process, contrivance,
or combination thereof, which may emit or control an air contaminant.
This includes any permit unit at any non-RECLAIM facility and
any device at a RECLAIM facility."
Remove Rule 1303(b)(5)(B) and all references to Rule 1303 clause
(b)(5)(B)(i) in Rule 1303 (b)(5)(D).
With respect to Item No. 6 in the City of L.A.'s letter (maintain
the existing definition of "essential public services"
which is not restricted only to publicly owned/operated landfills),
Ms. Leyden explained that staff was recommending that this issue
be deferred to a future hearing because staff needs additional
circulation time for the Environmental Assessment if the Board
wishes to exclude, as recommended by staff, private companies
from obtaining public priority offsets. If Board wishes to have
landfills--whether public or private--have access to the Priority
Reserve, the Board could take that action without continuing the
hearing.
Mr. Braude expressed his belief that private landfills should
be included in the definition of essential public service because
the real issue was guaranteeing to the public that the waste is
taken care of, not whether the facility was privately or publicly
owned. He believed the Board should encourage, rather than discourage,
private/public cooperation.
In response to a question by Ms. Soto, Ms. Leyden clarified that
private landfills have had access to NOx credits in
the Priority Reserve. However, there are only enough NOx
credits available for small businesses for approximately two more
years. If the Board decides to allow private landfills continued
access to those emission credits, it will accelerate the point
in time when there will not be any free NOx offsets
for small businesses.
Mr. Mikels commented that he believed deferring this issue for
four months and examining the impact would be the most prudent
action to take at this time.
ON MOTION OF MR. LOVERIDGE, SECONDED BY MR. PAULITZ, A UNANIMOUS
VOTE WAS CAST BY THE BOARD MEMBERS PRESENT (Absent: Hewitt, Lee
and Silva) AMENDING THE MAIN MOTION TO DEFER PAR 1302 (k), definition
of "ESSENTIAL PUBLIC SERVICE", FOR FOUR MONTHS TO ALLOW
STAFF TIME FOR FURTHER REVIEW AND DEVELOPMENT OF A RECOMMENDATION
FOR THE BOARD'S CONSIDERATION.
Ms. Leyden commented that Items 2 and 3 in the City of L.A.'s
letter concerned the ability to use the BACT definition for small
businesses; and Items 7 and 8 of the letter related to the portable
internal combustion engine issue.
MR. BRAUDE MOVED TO AMEND THE MAIN MOTION TO:
Modify Rule 1304 (d)(2)(C) to read:
"Any existing facility that has a potential
to emit actual emissions equal to or more
than the amounts in Table A as of (date of adoption) shall not
be eligible for this exemption."
Modify Rule 1302 (ff) to read:
"... A facility is a major stationary source if it is
subject to Regulation XXX - Title V Permits based on subdivision
(a) of Rule 3001 - Applicability or is a major
polluting facility as determined in this regulation:"
Modify Rule 1303 (a)(3) to read:
"Where the requirement of paragraph (a)(1) is applicable
to a small business that is not a major stationary source subject
to Regulation XXX - Title V Permits based on subdivision (a) of
Rule 3001 - Applicability major polluting facility,
the Executive Officer or designee shall consider cost in determining
BACT required for a new or modified source at such a facility,
provided that the applicant fully substantiates his eligibility
as a small business as defined in Rule 1302. Notwithstanding the
..."
THE MOTION WAS SECONDED BY MS. HAGGARD.
In response to a question by Mr. Paulitz, Ms. Leyden explained
that small businesses are not required to spend as much for BACT
as major emitters (annual emissions of 10 tons or more). However,
if a facility has the potential to emit 10 tons or more but their
actual emissions are less than 10 tons per year, the facility
can be limited, as a condition of their permit, to less than 10
tons and qualify as a small business for the BACT cost break.
Staff concurred with the intent of the proposal by the City of
L.A., but was not agreeable to deleting "major polluting
facility" or "potential to emit" because federal
law prohibits providing BACT cost breaks to major sources and
requires NSR to start with worst case--potential to emit.
Peter Greenwald, General Counsel, expressed concern with the language
proposed by the City of L.A. in that it refers to actual emissions
and does not specify when those actual emissions took place--whether
or not they were in the past or are in the future; and if in the
past, during what period of time. Additionally, this type of an
amendment would increase the number of circumstances under which
free offsets would be issued by the AQMD. Therefore, it would
have an impact on the AQMD's demonstration of compliance with
federal and state offset requirements.
THE MOTION BY MR. BRAUDE, SECONDED BY MS. HAGGARD, TO AMEND THE
MAIN MOTION BY MODIFYING RULES 1304 (d)(2)(C), 1302 (ff) and 1303
(a)(3) WAS AMENDED BY MR. BRAUDE AND SECONDED BY MS. HAGGARD TO
DEFER THE PROPOSED MODIFICATIONS FOR FOUR MONTHS TO ALLOW STAFF
TIME FOR FURTHER REVIEW AND DEVELOPMENT OF A RECOMMENDATION FOR
THE BOARD'S CONSIDERATION. THE MOTION PASSED BY A UNANIMOUS VOTE
OF THE BOARD MEMBERS PRESENT (Absent: Hewitt, Lee and Silva).
MR. BRAUDE MOVED TO AMEND THE MAIN MOTION TO:
Add the following definition to Rule 1302:
LOCATION means any single site at a building, structure,
facility, or installation. For the purpose of this definition,
a site is a space occupied or to be occupied by an emission unit.
For emission units which are brought to a facility to perform
maintenance on equipment at its permanent or ordinary location,
each maintenance site shall be a separate location.
Modify Rule 1304 (a)(7) to read:
The source is periodically relocated, and
or is not located more than one year at any one location
facility in the District. The
period during which the source is maintained at a storage facility
shall be excluded from the residency time determination. This
does not include portable combustion engines.
Modify Rule 1304 (a)(8) to read:
The source is periodically relocated, as defined in 1302, and
or is not located more than one year at any one location
facility in the District provided
that: ...
... The period during which the source is maintained at
a storage facility shall be excluded from the residency time determination.
THE MOTION WAS SECONDED BY MS. HAGGARD.
Ms. Leyden responded that staff did not believe the definition
of location contained in
PR 2100 (Agenda Item No. 41) should be included in Regulation
XIII. Regulation XXI concerns small engines, below the 10-ton
threshold level, and contains emission limits and criteria consistent
with the new limits in the Federal CAA. Regulation XIII recognizes
that by exempting any small portable internal combustion engine
that meets meets those emission standards. The engines subject
to Regulation XIII are basically old pieces of equipment that
do not meet the new emission standards and are used in a portable
capacity.
In response to Ms. Soto, Ms. Leyden indicated that staff did not
concur with the requested exemption of storage facilities from
the one-year location requirement because it would be nearly impossible
to enforce. Since staff would not be at the facilities everyday,
they would not know when the equipment was being operated.
Ms. Soto and Ms. Haggard expressed concern that businesses--and
many cities--have old equipment that they continue to use year
after year because they cannot afford new equipment and/or, particularly
for public facilities, they have to get as many years of service
as possible from the equipment. It seemed unfair to expect them
to be able to replace their portable equipment with new equipment
capable of meeting present emission standards.
Ms. Haggard and Dr. Burke expressed concern with the inconsistency
in definitions, and commented that the same terms should not have
different meanings in different rules or at different times.
A VOTE WAS CAST BY BOARD MEMBERS ON THE MOTION BY
MR. BRAUDE TO AMEND THE MAIN MOTION TO:
Add the following definition to Rule 1302:
LOCATION means any single site at a building, structure,
facility, or installation. For the purpose of this definition,
a site is a space occupied or to be occupied by an emission unit.
For emission units which are brought to a facility to perform
maintenance on equipment at its permanent or ordinary location,
each maintenance site shall be a separate location.
Modify Rule 1304 (a)(7) to read:
The source is periodically relocated, and
or is not located more than one year at any one location
facility in the District. The
period during which the source is maintained at a storage facility
shall be excluded from the residency time determination. This
does not include portable combustion engines.
Modify Rule 1304 (a)(8) to read:
The source is periodically relocated, as defined in 1302, and
or is not located more than one year at any one location
facility in the District provided
that: ...
... The period during which the source is maintained at
a storage facility shall be excluded from the residency time determination.
THE MOTION FAILED, FOR A LACK OF SEVEN CONCURRING VOTES, AS FOLLOWS:
AYES: Antonovich, Braude, Burke, Haggard, Soto and Wilson.
NOES: Loveridge, Mikels and Paulitz.
ABSENT: Hewitt, Lee and Silva.
ON MOTION OF MS. HAGGARD, SECONDED BY DR. BURKE, A UNANIMOUS VOTE
WAS CAST BY THE BOARD MEMBERS PRESENT (Absent: Hewitt, Lee and
Silva) TO DEFER THE PROPOSED MODIFICATIONS CONCERNING THE PORTABLE
EQUIPMENT ISSUE FOR FOUR MONTHS TO ALLOW STAFF TIME FOR FURTHER
REVIEW AND DEVELOPMENT OF A RECOMMENDATION FOR THE BOARD'S CONSIDERATION.
Chairman Mikels announced that the Board would recess for lunch
while staff prepared a summary and recommendations of the testimony
presented during the public hearing.
CLOSED SESSION
43. Recommendation Regarding a Closed Session to Consider Pending
or Potential Litigation and Personnel Matters
The Board recessed to closed session at 12:55 p.m., pursuant to
Government Code Section 54956.9(a) to confer with its counsel
regarding pending litigation which has been initiated formally
and to which the District is a party. The title of the litigation
is: San Bernardino Public Employees Association v. SCAQMD, Los
Angeles Superior Court Case No. BS 030398.
(Mr. Antonovich and Dr. Burke left at 1:30 p.m.)
PUBLIC HEARINGS (Continued)
The Board reconvened at 1:30 p.m., and resumed discussion on Agenda
Item No. 39.
39. Amend Regulation XIII - New Source Review and Rule 212 - Standards
for Approving Permits
Chairman Mikels announced that because of the lack of a quorum
of Board members, with Mr. Antonovich and Dr. Burke being absent
and Mr. Hewitt having recused himself from participating on this
item, the public hearing would be continued to the December 7,
1995 Board meeting. A main motion had been placed on the floor
to approve the staff recommendation, and that motion had been
amended by several votes. Public testimony was concluded and that
portion of the hearing closed. On December 7, staff will present
a summary of the other comments and recommendations for amendments
with regard to Regulation XIII. The Board will then discuss those
recommendations and vote on the final motion.
41. Adopt Proposed Rule 2100 - Registration of Portable Equipment
Chairman Mikels indicated that Mr. Hewitt was also recused from
voting on Agenda Item No. 41, and the public hearing on Proposed
Rule 2100 was continued to December 7, 1995.
Written Comments Submitted by:
Mike Justice, Justice & Associates
Gary Drilling Company
40. Amend Rule 102 - Definition of Terms
Steve Jones, SSC Air Quality Analysis/Compliance Supervisor, presented
the staff report. The public hearing was opened, and the Board
heard testimony from the following individuals:
*MICHAEL THELEN, Dow Corning Corporation
BOBBY BUSH, Hickory Springs
TOM KANAVOS, Guardsman Products
BERNARD ZYSMAN, Occidental Chemical Corporation
*Submitted Written Comments
There was unanimous support expressed for staff's recommendation
to add acetone, ethane, PCBTF and VMS to the definition of Exempt
Compounds. However, Mr. Thelen expressed his disagreement with
placing these materials in Group II and felt there was sufficient
data to support these materials be exempted in Group I. The subject
materials have been used extensively for 20 years, both in the
silicon industry and in personal care. The Group II designation
is unwarranted and would place a stigma on these materials as
being potentially toxic. Consequently, companies would be reluctant
to invest resources and capital to look at these materials as
replacements for VOCs. Mr. Zysman concurred, specifically with
regard to PCBTF.
Written Comments Submitted by:
Robert Heller, Future Foam Inc.
Michael Mills, SSC Senior Air Quality Engineering Manager, responded
that staff had received numerous comments regarding PCBTF and
VMS, particularly concern about the lack of chronic toxicity testing.
After consulting with the Office of Environmental Health Hazard
Assessment, staff thought it would be a cautious approach to place
those two materials in the Group II category, pending additional
tests that will be performed. Subsequent to the testing, staff
may recommend that PCBTF and VMS be reclassified as Group I exempt
compounds.
Mr. Hewitt suggested that staff report back to the Board in six
months on the issue of reclassifying PCBTF and VMS.
ON MOTION OF DR. WILSON, SECONDED BY MS. SOTO, A UNANIMOUS VOTE
WAS CAST BY THE BOARD MEMBERS PRESENT (Absent: Antonovich, Braude,
Burke, Lee and Silva), ADOPTING RESOLUTION NO. 95-33, AMENDING
RULE 102 AND CERTIFYING THE FINAL ENVIRONMENTAL ASSESSMENT, AS
RECOMMENDED BY STAFF; AND (2) DIRECTING STAFF TO REPORT BACK TO
THE BOARD IN SIX MONTHS ON THE ISSUE OF RECLASSIFYING PCBTF AND
VMS.
42. Amend Rule 431.1 - Sulfur Content of Gaseous Fuels
Mohsen Nazemi, SSC Senior Air Quality Engineering Manager, presented
the staff report. Mr. Nazemi added that representatives from Mobil
and Los Angeles County Sanitation Districts would be proposing
amendments to the rule, which are generally minor amendments and
are supported by staff. The public hearing was opened and the
Board heard testimony from the following individuals.
FRANK CAPONI, Los Angeles County Sanitation Districts (Submitted Written Comments)
LESTER SAKODA, Browning Ferris Industries
Expressed support, conditional upon the addition of the following
language to Subparagraph (d)(1) of PAR 431.1:
Prior to the final compliance date specified for landfill
gas in Table I, a person burning landfill gas may comply with
the monitoring requirements specified in this paragraph, if data
regarding total sulfur content of the landfill gas is contained
and submitted to the District in a Rule 1150.1 plan.
PATRICIA JACOBS, City of Los Angeles
VLADAMIR KOGAN, Orange County Sanitation District
Expressed support of the staff recommendation.
STAN HOLM, Mobil Oil Corporation (Submitted Written Comments)
CHARLES AARNI, Chevron USA Products Company
Supported the staff recommendation, except for proposed amended
Subparagraph (g)(10) because of equity considerations between
Mobil and Chevron--the only two refiners impacted by that provision.
In order to resolve the equity issue, Mobil and Chevron reached
an agreement to sunset that provision; and recommended that Subparagraph
(g)(10) be amended by the Board to sunset on November 17, 1997.
There being no further testimony, the public hearing was closed.
ON MOTION OF MS. HAGGARD, SECONDED BY MS. SOTO, A UNANIMOUS VOTE
WAS CAST BY THE BOARD MEMBERS PRESENT (Absent: Antonovich, Braude,
Burke, Lee and Silva), ADOPTING RESOLUTION NO. 95-34, AMENDING
RULE 431.1 AND CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL
ASSESSMENT, AS RECOMMENDED BY STAFF, WITH THE FOLLOWING MODIFICATIONS:
Addition of the following language to Subparagraph (d)(1):
"Prior to the final compliance date specified for landfill
gas in Table I, a person burning landfill gas may comply with
the monitoring requirements specified in this paragraph, if data
regarding total sulfur content of the landfill gas is contained
and submitted to the District in a Rule 1150.1 plan."
Insert the following phrase at the beginning of Subparagraph
(g)(10):
"Until November 17, 1997, . .."
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 2:00 p.m.
The foregoing is a true statement of the proceedings held by the
South Coast Air Quality Management District Board on November
17, 1995.
Respectfully Submitted,
SAUNDRA McDANIEL
Senior Deputy Clerk
Date Minutes Approved: _____________________________
_________________________________________________
Jon D. Mikels, Chairman
AQMD = South Coast Air Quality Management District
AQMP = Air Quality Management Plan
ARB = California Air Resources Board
BACT = Best Available Control Technology
CAA = Clean Air Act
EPA = Environmental Protection Agency
ERCs = Emission Reduction Credits
NOx = Oxides of Nitrogen
NSR = New Source Review
PCBTF = Parachlorobenzotrifluoride
PAR = Proposed Amended Rule/Regulation
PM10 = Particulate Matter < 10 microns
RECLAIM = REgional CLean Air Incentives Market
SSC = Stationary Source Compliance
VMS = Volatile Methylated Siloxanes
VOC = Volatile Organic Compound