SUMMARY MINUTES OF THE BOARD APR. 14, 1995

The meeting was called to order by Chairman Wedaa at 9:38 a.m.

1. Opening Comments

Chairman Wedaa. 1) Distributed to Board members copies of various journal articles regarding fuel cells for automobiles and stationary sources. 2) Commented on his participation in the recent Globe '94 International Environmental Conference, and ongoing meetings regarding formation of the North American Clean Air Alliance on Zero-Emission Vehicles.

2. Report of the Public Advisor, Small Business Assistance, and Economic Development Offices

La Ronda Bowen, Interim Public Advisor, highlighted the activities of Public Advisor, Small Business Assistance, and Economic Development for the month of March 1994.

CONSENT CALENDAR

3. Minutes of March 11, 1994 Board Meeting

4. Set Public Hearings on May 13, 1994 to Consider Amendments to the District's
Rules and Regulations, and to Adopt Any Necessary California Environmental
Quality Act Documentation for the Following Rules:

(A) Amend Rule 1162 - Polyester Resin Operations

(B) Amend Rule 1146 - Emissions of Oxides of Nitrogen from Industrial,
Institutional and Commercial Boilers, Steam Generators and Process Heaters

(C) Amend Rule 1146.1 - Emissions of Oxides of Nitrogen from Small Industrial,
Institutional and Commercial Boilers, Steam Generators and Process Heaters

(D) Adopt Proposed Rule 1504 - Cash-Out Program for Non-Owned
Employer Parking

(E) Amend Rule 1173 - Fugitive Emissions of Volatile Organic Compounds
Amend Rule 1175 - Control of Emissions from the Manufacture of
Polymeric Cellular (Foam) Products
Amend Rule 1176 - Sumps and Wastewater Separators

5. Set Public Hearings on May 13, 1994 to Amend the Following District Policies:

(A) Consultant Selection Policy and Procedure

(B) Contracting and Purchasing Policy

6. Report to the California Air Resources Board on the South Coast Air Quality
Management District's Assembly Bill 2766 Program for Fiscal Year 1992-93

7. Report of Civil Actions Filed

8. Recommendation Regarding a Request for Proposals for a Performance Audit
for Fiscal Year Ending June 30, 1994

9. Recommendation to Award a Bid for the Performance of the Audit of the District
Fees to Implement the California Clean Air Act (AB 2766) for the Fiscal Years
Ending June 30 of 1992 and 1993

10. Audit Report for the Fiscal Year Ended June 30, 1993

11. Recommendation to Amend Sole-Source Contract for Legislative Outreach Assistance

12. Report on Intergovernmental Affairs Matters

13. Recommendation to Co-sponsor the Development and Demonstration of Aluminum-Air
Batteries for Zero Emission Vehicle Applications

14. Recommendation to Co-sponsor the Field Demonstration of Ultra-Low Volatile
Organic Compound Coating Formulations Using Vernonia Oil and its Low
Cost Substitutes

15. Revised Recommendation to Recognize Funds from the California Energy
Commission for the Establishment of Methanol Refueling Stations

16. Recommendation to Cost-Share Phase II of the Development and Demonstration of Sealed Bipolar Lead-Acid Batteries for ULEV/ZEV Applications

17. Recommendation to Cost-Share the Implementation of Alternative Fuel
Vehicles in a Rental Car Fleet

18. Recommendation to Accept Funds Into the Pass-Through-Agency Fund from
the Department of Energy and Appropriate Those Funds Into an Agreement
for the CleanFleet Demonstration

19. Recommendation to Cost-Share Allied Signal Aerospace's Program for the
Research and Development of a Proton Exchange Membrane Fuel Cell
System for Transportation Applications

20. Report on Environmental Documents Received by the SCAQMD and SCAQMD
Actions and Status Report on SCAQMD Lead Agency Projects

21. Recommendation to Award a Bid for a Field Study to Determine the Limits of
Best Available Control Measures for Fugitive Dust Under High-Wind Conditions

22. Rule Forecast Report

22(A) Recommendation to Reaffirm District Support for California's Low Emission
Vehicle and Clean Fuels Program

Agenda Items 4(B), 10, 11, 17, 19 and 22(A) were held for discussion.

4(B) Set Public Hearing to Amend Rule 1146 - Emissions of Oxides of Nitrogen from Industrial, Institutional and Commercial Boilers, Steam Generators and Process Heaters

Frank Caponi, Los Angeles County Sanitation District, addressed the Board and expressed concern that the recent inclusion of solid fuels in the proposed amended rule would bring in a new universe of sources that were never meant to be regulated by Rule 1146. William Fray, Assistant DEO of Stationary Source Compliance, responded that solid fuels were included at the request of the Air Resources Board (ARB). Staff was subsequently notified by the ARB that it was not its intention to broaden the rule to regulate equipment, such as municipal incinerators, already regulated by other rules. At the public hearing on May 13, staff will propose amended rule language to address the concern expressed by Mr. Caponi.

11. Recommendation to Amend Sole-Source Contract for Legislative Outreach Assistance

In response to Mr. Younglove's comment that Board members should be provided with regular updates on the progress of various bills, Dr. Lents explained that the primary purpose of this particular contract was to strengthen the District's outreach efforts with legislators and their staffs.

17. Recommendation to Cost-Share the Implementation of Alternative Fuel Vehicles in a Rental Car Fleet

Andrew Hirsch of The Gas Company addressed the Board and expressed opposition to the expenditure of $400,000 for the purchase of methanol-powered vehicles. He recommended that this item be returned to staff for further analysis. In response, Mr. Albright and Mr. Paulitz commented that the recommendation by staff was to provide funding towards furthering the infrastructure to make methanol a more usable fuel; not underwriting the purchase of vehicles.

19. Recommendation to Cost-Share Allied Signal Aerospace's Program for the Research and Development of a Proton Exchange Membrane Fuel Cell System for Transportation Applications

James Lents, Ph.D., Executive Officer, pointed out that the amount of non-District funding to be provided for this program was $6 million instead of the $9 million indicated in the agenda.

10. Audit Report for the Fiscal Year Ended June 30, 1993

In response to a question by Ms. Wieder, Patrick Pearce, Finance Director, indicated that staff was taking steps to implement the auditor's recommendation to adopt a written policy containing the District's monitoring procedures over emission fees and permits to operate.
Ms. Wieder supported the auditor's recommendation, and expressed her belief that the response by District staff contained in the report ("....study this recommendation to determine if its implementation would be appropriate.") did not express definitive concurrence for action.

22(A) Recommendation to Reaffirm District Support for California's Low Emission Vehicle and Clean Fuels Program

Chairman Wedaa noted that two minor revisions had been made to the proposed Resolution reaffirming the District's support for California's Low Emission Vehicle and Clean Fuels Program. Copies of the revisions were distributed to Board members and staff, and made available for the public.

(Mr. Antonovich arrived at 9:55 a.m.)

MR. YOUNGLOVE MOVED: 1) APPROVAL OF AGENDA ITEMS 3 THROUGH 9 AND 12 THROUGH 22(A) AS RECOMMENDED; AND 2) TO RECEIVE AND FILE AGENDA ITEM NO. 10, AND DIRECT STAFF TO IMPLEMENT THE RECOMMENDATION CONTAINED IN THE AUDIT REPORT TO ADOPT MONITORING PROCEDURES FOR EMISSION FEES AND PERMITS TO OPERATE. THE MOTION WAS SECONDED BY
MR. BRAUDE, AND PASSED BY THE FOLLOWING VOTE:

AYES: Albright, Antonovich, Braude, Lee, Mikels, Paulitz, Wedaa, Wieder, Wilson, and Younglove.

NOES: None.

ABSENT: Burke.

ON MOTION OF DR. WILSON, SECONDED BY MR. BRAUDE, THE BOARD APPROVED AGENDA ITEM NO. 11 AS RECOMMENDED, BY THE FOLLOWING VOTE:

AYES: Albright, Braude, Lee, Paulitz, Wedaa, Wilson, and Younglove.

NOES: None.

ABSTAIN: Antonovich, Mikels, and Wieder.

ABSENT: Burke.

BOARD CALENDAR

23. Legislation Committee Report and Recommendations

Two Legislation Committee Reports and Recommendations were distributed to Board members: one from the Committee's meeting on March 28, 1994, and one from the Committee's meeting on April 8, 1994. This item was tabled by Chairman Wedaa until later in the meeting, to allow Board members the opportunity to review the reports and recommendations.

24. Air Resources Board Monthly Meeting Report

25. Administrative Committee Report

26. Off-Road Transportation Committee Report

27. On-Road Transportation Committee Report

28. Planning/Stationary Source Committee Report

29. Interagency AQMP Implementation Committee Meeting Report

30. Technology Committee Report

31. Mobile Source Air Pollution Reduction Review Committee Report

ON MOTION OF MR. YOUNGLOVE, SECONDED BY MR. ALBRIGHT, THE BOARD APPROVED AGENDA ITEMS 24 THROUGH 31 AS RECOMMENDED, BY THE FOLLOWING VOTE:

AYES: Albright, Antonovich, Braude, Lee, Mikels, Paulitz, Wedaa, Wieder, Wilson, and Younglove.

NOES: None.

ABSENT: Burke.

-o-

At Dr. Lents' request, Agenda Items 37 and 38 were taken out of order.

OTHER BUSINESS

37. Recommendation to Add Members to the VOC RECLAIM Steering Committee

38. Recommendation Regarding Appointment of Designated Deputy

ON MOTION OF MR. MIKELS, SECONDED BY MR. YOUNGLOVE, THE BOARD APPROVED AGENDA ITEMS 37 AND 38 AS RECOMMENDED, BY THE FOLLOWING VOTE:

AYES: Albright, Antonovich, Braude, Lee, Mikels, Paulitz, Wedaa, Wieder, Wilson, and Younglove.

NOES: None.

ABSENT: Burke.

PUBLIC HEARINGS

Chairman Wedaa announced that Agenda Item No. 32 would be tabled until Dr. Burke's arrival.

33. Amend Regulation IX - Standards of Performance for New Stationary Sources; and Amend Regulation X - National Emission Standards for Hazardous Air Pollutants

The staff report was given by Mr. Fray, and the public hearing was opened. There being no requests from the public to speak on this item, the public hearing was closed.

ON MOTION OF MR. ALBRIGHT, SECONDED BY MR. PAULITZ, THE BOARD ADOPTED RESOLUTION NO. 94-12, AMENDING REGULATIONS IX AND X AND CERTIFYING THE EXEMPTION FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUIREMENTS, AS RECOMMENDED BY STAFF, BY THE FOLLOWING VOTE:

AYES: Albright, Antonovich, Braude, Lee, Mikels, Paulitz, Wedaa, and Younglove.

NOES: None.

ABSENT: Burke, Wieder, and Wilson.

34. Amend Rule 1136 - Wood Products Coatings

The staff report was given by Robert Pease, Manager of Permit Streamlining/Stationary Source Compliance. The public hearing was opened, and the Board heard testimony from the following individuals:

ROGER BENVENUTI, Akzo-Nobel

*DAVID LEEHY, Environmental Legislative & Regulatory Advocacy Program of the Southern California Paint & Coatings Association (EL RAP)

ROBERT SYPOWICZ, Cardinal Industrial Finishes

BUD SCHAEDEL, Guardsman Products

CHARLES GRUBBS, Lilly Industries

*GARY STAFFORD, California Furniture Manufacturing Association (CFMA)

ALBERT SANDBERG, CFMA and Sandberg Furniture

ROBERT DAVIS, Fremarc Designs

MARTY BALOW, Frazee Industries

PAUL DELANEY, Southern California Edison, Customer Technology Application Center (CTAC)

GUY CHADDOCK, Guy Chaddock & Co.

FAVIO PEREZ, Guy Chaddock & Co.

RUSSELL BLACKSTONE, Afriat/Blackstone Consultants, for Guy Chaddock & Co.

JEFF SCHUCH, Fender Musical Instruments

MIKE SUNDELL, Matrix Coatings, Inc.

WILLIAM MALIGIE, Alternative Materials Technology

KATY WOLF, Institute for Research and Technical Assistance (IRTA)

RAY ROBINSON, EL RAP

SCOTT McCONNELL, McConnell Cabinets

DAN KUSH, Kushwood Manufacturing

KEVIN ROOTS, American Ecotec

ED LAIRD, Small Business Coalition and Coatings Resource Corp.

JOHN BILLHEIMER, Consultant

*Submitted Written Comments

There was no opposition expressed regarding the proposed amendments, which would establish new interim limits for coatings and sealers formulated without 1,1,1-trichloroethane and provide a two-year exemption for classic guitar manufacturing and furniture refinishing.
Messrs. Chaddock, Perez, and Blackstone requested that the Board include custom replica furniture operations in the exemption for furniture refinishing because the water-based coatings presently available are completely inadequate. It was pointed out that exempting custom replica furniture from Rule 1136 requirements would not have a significant effect on the air quality in the basin since there are only four main manufacturers of this type of furniture located in the basin, with a total of approximately 250 pounds per day of VOCs (approximately 0.04 percent of the total).

There was, however, substantial testimony presented by coating manufacturers and wood products manufacturers regarding the unavailability of workable topcoats and sealers that will comply with the 275 grams-per-liter (g/L) volatile organic compound (VOC) limit which becomes effective July 1, 1994 and supply all the needs of the diverse wood products industry. The key comments made in this regard were:

The recent demonstration project conducted at Southern California Edison's CTAC only demonstrated that the waterborne coatings tested will work, to some extent, in the limited environment of a coatings laboratory, which bears little resemblance to actual production facilities. Also, many of the coatings demonstrated are not yet in commercial production.

There are many difficult problems with waterborne coatings yet to overcome, including: drying time, coating thickness, penetration, subsequent adhesion to coatings, recoating, grain raising, touch-up, clarity, appearance, durability, and storage and transport of products that have been coated with waterborne coatings.

There are coating manufacturers that have demonstrated compliant products, but they do not have the technical capacity to convert coatings systems at each individual facility over to waterborne within the next two months.

The CTAC project focused on waterborne topcoats and sealers; and not the entire waterborne coating system. For example, it may be necessary for the wood product manufacturer to purchase (at a considerable cost) specific drying equipment. More time is necessary for development of waterborne systems.

Many of the waterborne coatings that were tested at CTAC contain a chemical, ethylene glycol monobutyl ether, which is proposed to be added to the list of toxic air contaminants contained in Rule 1401 and Proposed Rule 1402.

The RECLAIM Rules for VOCs, which is expected to come before the Board for adoption within the next year, would affect 154 furniture manufacturers. If included in RECLAIM, these manufacturers would not have to convert to waterborne coatings; but would be allowed to use their existing nitrocellulose coatings.

With the exception of Mr. Maligie, who testified that Alternative Materials Technology has the ability to meet the needs of the market place, individuals from the coating industry and the wood product manufacturing industry asked that the Board consider extending the effective date for the 275 g/L VOC limit to July 1, 1996.

(Dr. Burke arrived at 12:25 p.m., during public testimony.)

In response to the comments made, Mr. Fray stated that while staff was aware that there might be some coatings--such as coatings that have to withstand outdoor conditions--that would require special consideration, a categorical extension was not mentioned at the Rule 1136 public workshops held on January 19 and August 10, 1993. Dr. Lents added that it would take staff approximately 60 to 90 days to determine the amount of emissions involved, perform a CEQA analysis on the impacts of the requested extension, and bring a proposal back to the Board for consideration.

There being no further testimony, the public hearing was closed.

MR. YOUNGLOVE MOVED TO:

1) ADOPT RESOLUTION NO. 94-13, CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL ASSESSMENT AND AMENDING RULE 1136 AS RECOMMENDED, WITH THE FOLLOWING MODIFICATIONS:

-- Change the effective date of the 275 g/L VOC limit for clear topcoats from July 1, 1994 to August 15, 1994.

-- Provide an exemption for antique furniture until July 1, 1995 as requested during the public testimony.

Subsequent to the meeting, staff provided the following amended language for Rule 1136:

-- Add Section (j)(5) as follows

"Refinishing, Replacement, and Custom Replica Furniture Operations: Until July 1, 1996, the provisions of Sections (b)(1) shall not apply to any refinishing operation necessary for preservation, to return the wood product to original condition, to replace missing furniture to produce a matching set, or to produce custom replica furniture, provided records are maintained for two years as to the amount, type and VOC content of each coating used daily."

2) DIRECT STAFF TO SET A PUBLIC HEARING FOR THE JUNE 10, 1994 OR JULY 8, 1994 BOARD MEETING ON FURTHER AMENDMENTS TO RULE 1136 WITH RESPECT TO EFFECTIVE DATES FOR VOC LIMITS.

THE MOTION WAS SECONDED BY MS. WIEDER, AND PASSED BY THE FOLLOWING VOTE:

AYES: Albright, Antonovich, Braude, Lee, Mikels, Paulitz, Wedaa, Wieder, Wilson, and Younglove.

NOES: None.

ABSTAIN: Burke.

ABSENT: None.

32. Amend Rule 1401 - New Source Review of Carcinogenic Air Contaminants; and Adopt Proposed Rule 1402 - Control of Toxic Air Contaminants from Existing Sources

Chairman Wedaa asked that Board members comment on any ex parte communications of new information they had received on this item since the closing of public testimony at the February 11, 1994 Board meeting. In response, Mr. Antonovich submitted for the record a copy of comments he had received by fax from SCEC and Caterpillar, Inc. regarding Proposed Amended Rule 1401.

MR. PAULITZ MOVED TO AMEND RULE 1401 AS RECOMMENDED BY STAFF, INCLUDING THE ADDENDUM DATED APRIL 8, 1994. THE MOTION WAS SECONDED BY MR. BRAUDE.

MR. MIKELS MOVED TO AMEND THE MAIN MOTION TO DELAY ACTION FOR SIX MONTHS, PENDING THE STUDY ON THE IMPACT OF THE AMENDED RULE ON SMALL BUSINESSES. THE MOTION WAS SECONDED BY MR. WEDAA.

Mr. Braude pointed out that staff's first recommendation to the Board on this item was at the July 1993 Board meeting; and he expressed opposition to any further delays in action by the Board.

THE MOTION BY MR. MIKELS TO AMEND THE MAIN MOTION FAILED, BY THE FOLLOWING VOTE:

AYES: Albright, Antonovich, Burke, Mikels, Wedaa, and Wieder.

NOES: Braude, Lee, Paulitz, and Younglove.

ABSENT: Wilson.

MS. LEE MOVED TO AMEND THE MAIN MOTION TO ADD SUBPARAGRAPH (g)(1)(J) TO RULE 1401, AS FOLLOWS:

(J) Film Cleaning Machines

A film cleaning machine using perchloroethylene as a cleaning solvent, provided that:

(i) The machine uses T-BACT; and

(ii) The risk increase due to emissions from the machine and all other permit units located within 100 meters owned or operated by the applicant for which applications were submitted on or after (date of adoption) will not exceed a MICR of 100 in one million (1.0 x 10-4) or a total acute or chronic HI of five (5) at any receptor location; and

(iii) The owner or operator will investigate and implement, to the extent feasible, all potential methods to reduce or control toxic emissions, including but not limited to source reduction, innovative control technologies and material or process substitution.

The permit to construct shall require compliance with the provisions of subdivision (d) no later than December 31, 1999.

THE MOTION WAS SECONDED BY MR. YOUNGLOVE, AND PASSED BY THE FOLLOWING VOTE:

AYES: Albright, Antonovich, Braude, Burke, Lee, Mikels, Paulitz, Wedaa, and Younglove.

NOES: None.

ABSTAIN: Wieder.

ABSENT: Wilson.

THE MAIN MOTION TO AMEND RULE 1401 AS RECOMMENDED BY STAFF, INCLUDING THE ADDENDUM DATED APRIL 8, 1994, FAILED BY THE FOLLOWING VOTE:

AYES: Braude, Lee, Paulitz, and Younglove.

NOES: Albright, Antonovich, Burke, Mikels, Wedaa, and Wieder.

ABSENT: Wilson.

ON MOTION OF MR. ANTONOVICH, SECONDED BY MR. MIKELS, THE BOARD DELAYED ACTION ON PROPOSED AMENDED RULE 1401 UNTIL THE AUGUST 12, 1994 BOARD MEETING, BY THE FOLLOWING VOTE:

AYES: Albright, Antonovich, Burke, Lee, Mikels, Wedaa, Wieder, and Younglove.

NOES: Braude and Paulitz.

ABSENT: Wilson.

MR. MIKELS MOVED TO ADOPT RESOLUTION NO. 94-14, ADOPTING RULE 1402 AND CERTIFYING THE FINAL ENVIRONMENTAL ASSESSMENT, AS RECOMMENDED BY STAFF. THE MOTION WAS SECONDED BY MS. WIEDER.

MR. MIKELS MOVED TO AMEND THE MAIN MOTION TO: 1) SET THE SIGNIFICANT RISK LEVEL AT A MICR OF 100 IN 1 MILLION; 2) A TOTAL ACUTE OR CHRONIC HAZARD INDEX OF 5; 3) ELIMINATE THE ACTION RISK LEVEL; AND 4) INCLUDE THE ADDENDUM TO THE STATEMENT OF FINDINGS, STATEMENT OF OVERRIDING CONSIDERATIONS, AND MITIGATION MONITORING PLAN.

Speaking in opposition to the motion, Mr. Braude expressed his belief that the public--and possibly EPA and ARB--might view the Board's action as not being a serious effort to deal with this issue. Mr. Paulitz commented that he was not supportive of weakening the rule any further than what was proposed by staff.

MR. BRAUDE MOVED TO AMEND THE MAIN MOTION TO SET A SIGNIFICANT RISK LEVEL AT A MICR OF 50 IN 1 MILLION. THE MOTION WAS SECONDED BY MR. PAULITZ, AND FAILED BY THE FOLLOWING VOTE:

AYES: Antonovich, Braude, Burke, Paulitz, and Wilson.

NOES: Albright, Lee, Mikels, Wedaa, Wieder, and Younglove.

ABSENT: None.

THE MOTION BY MR. MIKELS TO AMEND THE MAIN MOTION TO: 1) SET THE SIGNIFICANT RISK LEVEL AT A MICR OF 100 IN 1 MILLION; 2) A TOTAL ACUTE OR CHRONIC HAZARD INDEX OF 5; 3) ELIMINATE THE ACTION RISK LEVEL; AND 4) INCLUDE THE ADDENDUM TO THE STATEMENT OF FINDINGS, STATEMENT OF OVERRIDING CONSIDERATIONS, AND MITIGATION MONITORING PLAN, PASSED BY THE FOLLOWING VOTE:

AYES: Albright, Antonovich, Burke, Lee, Mikels, Wedaa, Wieder, and Younglove.

NOES: Braude, Paulitz, and Wilson.

ABSENT: None.

THE MAIN MOTION BY MR. MIKELS TO ADOPT RESOLUTION
NO. 94-14, ADOPTING RULE 1402 AND CERTIFYING THE FINAL ENVIRONMENTAL ASSESSMENT, AS RECOMMENDED BY STAFF, PASSED BY THE FOLLOWING VOTE:

AYES: Albright, Antonovich, Braude, Burke, Lee, Mikels, Paulitz, Wedaa, Wieder, Wilson, and Younglove.

NOES: None.

ABSENT: None.

(Ms. Lee left at 1:10 p.m.)

23. Legislation Committee Report and Recommendations

Dr. Wilson suggested that the Board adopt an "oppose" position on Assembly Bill 3255, instead of the "watch" position recommended by the Committee. He expressed his belief that this bill (which would remove the Coachella Valley from the District and place it under the jurisdiction of the Mojave Desert AQMD) would be disastrous for the Coachella Valley's air quality. After Dr. Wilson and District staff met with the author of the bill on March 25, he believed the bill would be changed to only require a study on the issue; however, the bill has not been changed.

MS. WIEDER MOVED APPROVAL OF THE LEGISLATION COMMITTEE REPORTS AND THE FOLLOWING POSITIONS ON LEGISLATION, AS RECOMMENDED BY THE COMMITTEE, WITH THE EXCEPTION OF CHANGING THE POSITION ON AB 3255 FROM "WATCH" TO "OPPOSE":

AB 2852 (Escutia) -- Air Pollution: Inspection and Maintenance SUPPORT

AB 2910 (Baca) -- Low-Emission Vehicles SUPPORT

AB 2913 (Sher) -- State Ambient Air Quality Standards:

Particulate Matter SUPPORT

AB 3178 (McPherson) -- Air Pollution Emission Reductions:

Military Bases WATCH

AB 3204 (Cannella) -- Air Emission Reductions: Close

Military Bases WATCH

AB 3214 (Pringle) -- SCAQMD: Board Compensation WATCH

AB 3215 (Pringle & McPherson) -- Air Pollution:

Equipment Precertification WATCH

AB 3239 (Conroy) -- Low- and Zero-Emission Vehicles WATCH

AB 3242 (Aguiar) -- Air Districts: Disposal of High-Emission OPPOSE AND

Vehicles SEEK

AMENDMENTS

AB 3255 (Bornstein) -- Air Pollution: Mojave Desert District OPPOSE

AB 3264 (Campbell) -- Air Contaminants: Penalties SUPPORT

AB 3541 (Statham) -- Air Pollution: Reformulated Fuels OPPOSE

AB 3552 (Knowles) -- Air Pollution: Diesel Fuel OPPOSE

AB 3665 (Horcher) -- Serious Nonattainment Air Districts:

Trip Reduction WATCH

AB 3790 (Aguiar) -- Air Districts: Motorcycles OPPOSE

AB 3817 (Sher) -- Air Pollution Rules & Regulations SUPPORT

SB 1360 (Leslie) -- Employees: Alternative Transportation SUPPORT

SB 1701 (Kelley) -- Motor Vehicle Fuels: Specifications OPPOSE

AB 2677 (Alpert) -- Ultra-Low and Zero-Emission Vehicles SUPPORT

AB 2672 (Cortese) -- Telecommuting SUPPORT

SB 1455 (Rosenthal) -- Ultra-Low and Zero-Emission Vehicles SUPPORT

SB 1593 (Rosenthal) -- PVEA: Advanced Transportation

Technology SUPPORT

SB 1883 (Campbell) -- Low-Emission Vehicles SUPPORT

AB 2090 (Aguiar) -- Environmental and Air Quality Laws: OPPOSE

Permit Streamlining UNLESS

AMENDED

AB 2986 (Polanco) -- Entertainment Industry: Revitalization

Area WATCH

AB 3119 (Quackenbush) -- State and Federal Clean Air Acts SUPPORT

AB 3290 (Cannella) -- Diesel Fuel: Fines and Penalties OPPOSE

AB 3418 (Weggeland) -- Traffic Signal Coordination SUPPORT

AB 3671 (Cortese) -- Air Pollution: Heavy-Duty Vehicles WATCH

SB 1356 (Killea) -- Rail Electrification: Economic Impact

Analysis WATCH

SB 1655 (Kelley) -- Environmental and Air Quality Laws:

Permit Streamlining OPPOSE

SB 1928 (Johannessen) -- Motor Vehicle Emissions:

Civil Penalties WATCH

SB 1952 (Rosenthal) -- California Alternative Energy and

Advanced Transportation Financing SUPPORT

SB 1992 (Russell ) -- Identification of Gross-Polluting Vehicles WATCH

SB 2050 (Presley) -- Air Pollution: Vehicles SUPPORT IN

CONCEPT

SB 1416 (Rogers) -- Air Emission Offsets: Inter-Basin

Stationary Sources OPPOSE

AB 2699 (Baca) -- Metrolink Extension SUPPORT

AB 2746 (Honeycutt) -- Signal Synchronization SUPPORT

AB 2921 (Haynes) -- Electric Vehicles SUPPORT

AB 2939 (Aguiar) -- Signal Synchronization SUPPORT

AB 3095 (Katz) -- Electric Buses SUPPORT

AB 3245 (Epple) -- Energy Conservation: Local Assistance SUPPORT

AB 3371 (Brulte) -- Metrolink Rail Service SUPPORT

AB 1354 (Kelley) -- Compressed Natural Gas SUPPORT

SB 1383 (Wright) -- Telecommuting SUPPORT

SB 1567 (Killea) -- Bicycle Projects SUPPORT

AB 2988 (Polanco) -- Los Angeles Metro Red Line:

Easterly Extension WATCH

AB 3448 (Quackenbush) -- Carpool Lanes Pilot Project:

LEVs and ZEVs WATCH

AB 3567 (Bornstein) -- Intercity Rail Funding WATCH

AB 3809 (Escutia) -- Zero-Emission Vehicles WATCH

ACA 36 (McDonald) -- Vehicle Fuel Tax Revenue:

Transportation Corridors SUPPORT

ACR 95 (Solis) -- Metro Link SUPPORT

SB 1939 (Rosenthal) -- Special Rates for Telecommuting SUPPORT

THE MOTION WAS SECONDED BY MR. PAULITZ, AND PASSED BY THE FOLLOWING VOTE:

AYES: Antonovich, Braude, Burke, Paulitz, Wedaa, Wieder, Wilson, and Younglove.

NOES: None.

ABSTAIN: Albright.

ABSENT: Lee and Mikels.

-o-

MR. WEDAA MOVED THAT: 1) THE BOARD RECONSIDER ITS ACTION ON RULE 1402; AND 2) MODIFY SUBPARAGRAPH (d)(11) OF RULE 1402 TO ALLOW METAL FINISHERS TO BE ELIGIBLE FOR A DEFERRAL FROM COMPLIANCE WITH RULE 1402 BASED ON THEIR COMPLIANCE WITH RULE 1169. THE MOTION WAS SECONDED BY MR. MIKELS, AND PASSED BY THE FOLLOWING VOTE:

AYES: Albright, Antonovich, Braude, Burke, Mikels, Paulitz, Wedaa, Wieder, Wilson, and Younglove.

NOES: None.

ABSENT: Lee.

(NOTE: THIS ACTION WAS SUBSEQUENTLY RESCINDED; SEE PAGE 17)

-o-

35. Amend Rule 1403 - Asbestos Emissions from Demolition/Renovation Activities

Alene Taber, Program Supervisor/Stationary Source Compliance, gave the staff report. Staff distributed to Board members copies of minor modifications to the proposed amended rule which were prepared by staff in response to comments from the public. Copies of the recommended modifications were also made available to the public.

The public hearing was opened, and the Board heard testimony from the following individuals:

*JOYCE KERLY, California State Universities

RICHARD HENRY, Los Angeles Unified School District

MICHAEL GEYER, SCS Engineers

BOB LANDRETH, Total Environmental

DAVE STEFKO, Roofing Contractors Association

*Submitted Written Comments

The following issues and recommendations were raised during public testimony:

The requirement in Subparagraph (d)(1)(B)(vi)(IV) to notify the District when a planned demolition or renovation is completed ahead of schedule should be changed so that the person(s) completing the job does not incur any additional expenses.

It was suggested that the following corrections/additions be made to the citations referenced in the proposed amended rule:

-- Add to Subparagraph (i)(3): "40 CFR Part 763, which became effective April 4, 1994.

-- Change the reference in Subparagraph (j)(4) from "Section 341.15" to "Section 9021.5"; and the reference to "(i)(4)" should be changed to "(d)(1)(A)".

The requirement in Subparagraph (d)(1)(E) that containers for asbestos-containing waste materials (ACWM) be transparent should be deleted because of the additional costs required to obtain specially-designed containers..

In addition, Ms. Kerly requested that Subparagraph (d)(1)(A)(viii) be changed to require that persons conducting asbestos surveys either be certified by CAL/OSHA or pass an EPA-approved building inspector course, instead of requiring both. Mr. Geyer urged the Board to adopt Subparagraph (d)(1)(A)(viii) as proposed by staff, in order to maintain the quality of the surveys.

Staff indicated agreement with Mr. Henry with respect to the corrections/additions to the citations referenced in the proposed amended rule. In response to the concerns expressed by
Mr. Landreth regarding the transparency requirement, staff clarified that it was not necessary for the entire container to be transparent. The intent of this amendment was that there be a transparent porthole or area on the ACWM containers so that the inspector could view the material without having to open the container and risk the possibility of inhaling asbestos fibers. Staff believed that imposing an effective date of August 12, 1994 would allow industry adequate time to obtain the required containers. However, staff was agreeable to working with industry further on this issue, and reporting back to the Board in two months on staff's findings and, if necessary, a recommendation to amend Subparagraph (d)(1)(E) of the rule. Staff was also agreeable to re-evaluating notification of early completion of a planned renovation or demolition and re-addressing this issue as well in two months.

MR. MIKELS MOVED TO:

1) ADOPT RESOLUTION NO. 94-15, AMENDING RULE 1403 AND CERTIFYING THE EXEMPTION FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUIREMENTS, AS RECOMMENDED BY STAFF, INCLUDING THE CHANGES RECOMMENDED BY STAFF AND THE FOLLOWING MODIFICATIONS:

-- Add to Subparagraph (i)(3): "40 CFR Part 763.

-- Change the reference in Subparagraph (j)(4) from "Section 341.15" to "Section 9021.5"; and the reference to "(i)(4)" should be changed to "(d)(1)(A)(viii)".

-- Implement Subparagraph (d)(1)(B)(vi)(IV) consistent with EPA's policy.

2) DIRECT STAFF TO REPORT BACK TO THE BOARD AT THE JUNE 10, 1994 BOARD MEETING WITH STAFF'S FINDINGS REGARDING THE ACWM CONTAINER TRANSPARENCY ISSUE.

THE MOTION WAS SECONDED BY MR. ALBRIGHT, AND PASSED BY THE FOLLOWING VOTE:

AYES: Albright, Braude, Mikels, Paulitz, Wedaa, Wieder, and Younglove.

NOES: None.

ABSENT: Antonovich, Burke, Lee, and Wilson.

-o-

Peter Greenwald, District Counsel, noted that upon further reflection, staff realized that the Board's earlier action which provided a deferral from the action risk level in Rule 1402 for metal finishers has no effect because included in the main motion amending Rule 1402 was the deletion of the action risk level. Therefore, allowing a deferral of the action risk level has no effect. Staff recommended, in order to avoid confusion, that the Board vote to rescind the motion allowing the deferral for metal finishers. Mr. Greenwald added that, in the future, he intends to advise the Board against reopening a matter under such circumstances because the public was given an erroneous impression that the Board's consideration of Rule 1402 had been completed.

CHAIRMAN WEDAA MOVED TO RECONSIDER THE BOARD'S ACTION ON RULE 1402, AND RESCIND THE BOARD'S PREVIOUS ACTION ALLOWING A DEFERRAL FROM THE ACTION RISK LEVEL IN RULE 1402 FOR METAL FINISHERS. THE MOTION WAS DULY SECONDED, AND PASSED BY THE FOLLOWING VOTE:

AYES: Albright, Braude, Mikels, Paulitz, Wedaa, Wieder, and Younglove.

NOES: None.

ABSENT: Antonovich, Burke, Lee, and Wilson.

-o-

CLOSED SESSION

36. Recommendation Regarding a Closed Session to Consider Pending or Potential Litigation and Personnel Matters

The Board did not recess to closed session.

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 Wedaa 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 April 8, 1994.

Respectfully Submitted,

SAUNDRA McDANIEL

Senior Deputy Clerk

Date Minutes Approved: _____________________________

________________________________________, Chairman

Henry W. Wedaa

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