Notice having been duly given, the regular meeting of the South Coast Air Quality Management District Board was held at District Headquarters, 21865 E. Copley Drive, Diamond Bar, California. Members present:
Supervisor Jon D. Mikels, Chairman
County of San Bernardino
Supervisor Michael D. Antonovich
County of Los Angeles
Councilman Marvin Braude
Cities of Los Angeles County - Western Region
Mayor Candace Haggard
Cities of Orange County
Hugh Hewitt (left at 12:35 p.m.)
Governor's Appointee
Ms. Mee H. Lee
Senate Rules Committee Appointee
Mayor Ronald O. Loveridge
Cities of Riverside County
Councilman Leonard Paulitz
Cities of San Bernardino County
Supervisor James W. Silva
County of Orange
Councilwoman Nell Soto (left at 12:20 p.m.)
Cities of Los Angeles County - Eastern Region
Supervisor S. Roy Wilson, Ed.D.
County of Riverside
Members Absent:
Dr. William Burke, Vice Chairman
Speaker of the Assembly Appointee
The meeting was called to order at 9:35 a.m. by Chairman Mikels.
Chairman Mikels. 1) Upon unanimous agreement of
the Board, canceled the January 18, 1996 VOC RECLAIM Study Session
and the April 26, 1996 public hearing on Adoption of VOC RECLAIM,
and suggested that the issues inherent in VOC RECLAIM be considered
as part of a broader trading network following the Intercredit
Trading Study which is scheduled to be presented to the Board
at its February 9, 1996 meeting. The Rule Forecast Report (Agenda
Item No. 14) was amended to reflect cancellation of the January
18 study session and the April 26 public hearing. In response
to concern expressed by Mr. Braude and Mr. Paulitz that command-and-control
rules be put in place for the industries that would potentially
be regulated by a VOC RECLAIM program, Dr. Lents noted that the
Rule Forecast Report includes nine rule adoptions which were contingent
upon the Board not adopting VOC RECLAIM. 2) Announced that the
Board's AQIP Workshop would be held on February 16, 1996 at 12:00
noon; and appointed
Ms. Haggard and Mr. Hewitt to co-chair the workshop. 3) Suggested
several possible approaches regarding exempting schools from Rule
2202 as recommended by Mr. Hewitt at the Board's December 8, 1995
meeting (as set forth in the motion stated below).
ON MOTION OF MR. PAULITZ, SECONDED BY MS. SOTO, A UNANIMOUS VOTE WAS CAST BY THE BOARD MEMBERS PRESENT (Absent: Burke):
1) DIRECTING STAFF TO ANALYZE THE FOLLOWING POSSIBLE APPROACHES REGARDING EXEMPTING SCHOOLS FROM RULE 2202, AS WELL AS ANY OTHER APPROACHES ADVANCED TO STAFF BY BOARD MEMBERS, AND REPORT BACK TO THE BOARD ON ALL OF THE POSSIBLE APPROACHES FOR CONSIDERATION BY THE BOARD AT ITS MARCH 8, 1996 MEETING:
2) REFERRING TO THE CO-CHAIRS FOR THE AQIP WORKSHOP THE ISSUE OF POTENTIAL FUNDING FOR ONE OR MORE OPTIONS FOR SCHOOLS.
Mr. Hewitt requested that staff make every effort to contact the school districts--as opposed to the transportation coordinators--directly regarding the Board's consideration of the school exemption at the March 8, 1996 Board meeting.
Ms. Lee. Showed a videotape of a brief commentary by Jess Marlow relating to the AQMD, which recently aired on Channel 4.
Mr. Paulitz. Expressed his appreciation to the Cities of San Bernardino County for reappointing him to the Board; and promised to (i) continue to keep them informed, and (ii) listen to their concerns and represent their best interest.
Chairman Mikels administered the oath of office to Candace Haggard, Leonard Paulitz and Nell Soto, who were reappointed to the Board, by unanimous votes of their Cities' Selection Committees, as representatives of the Cities of Orange County, the Cities of San Bernardino County and the Cities of the Eastern Region of Los Angeles County, respectively, for four-year terms expiring on January 15, 2000.
Ms. Haggard and Ms. Soto expressed their gratitude to the cities they represent on the Board. Ms. Soto added that the positive comments she has received from the cities regarding the AQMD working more closely with municipalities than they have in the past speaks well for staff's extensive outreach efforts.
Chairman Mikels presented an award to Dr. Alan Lloyd, AQMD's Chief
Scientist since 1988, in appreciation of his efforts in projecting
the work of the AQMD into the national and international scientific
community and establishing a worldwide record for AQMD.
Chairman Mikels extended the Board's best wishes to Dr. Lloyd
for continued success in his new position as Executive Director
of the Energy and Environmental Engineering Center at Desert Research
Institute, in Reno, Nevada.
The following facilities were presented Clean Air Partners Awards in recognition of their continued compliance with AQMD rules and regulations and the outstanding efforts made by them to meet all the requirements of RECLAIM rules in a timely manner:
James M. Lents, Ph.D., Executive Officer, highlighted the achievements made by AQMD in 1995 and outlined the goals for 1996. Major achievements for 1995 included: (i) improved air quality, a continuing trend for the last ten years; (ii) considerably improved business relations; (iii) successful completion of all items committed to in the Business Clean Air Partnership; (iv) successful implementation of the NOx/SOx RECLAIM program, and staff moving forward on market-based strategies; (v) new scientific initiatives and health studies began; (vi) increased public awareness of AQMD activities through enhanced public outreach; (vii) considerable reduction in the cost of AQMD representation in Sacramento; and (viii) significant information made available on the Internet.
A continuing decline in AQMD revenues will present significant challenges for 1996. Staff will have to be reduced by approximately 30 positions, and compliance staff will be faced with a tremendous caseload. Of the 28 rules scheduled for amendment/adoption in 1995, only 2 were actually adopted. Approximately 33 rules are scheduled for amendment/adoption in 1996. Other plans for 1996 include: (i) continue to reduce the cost of air monitoring, yet maintain quality and make data available through the Internet; (ii) develop the PM10 AQMP and complete work on the Ozone AQMP; (iii) Board consideration of geographical and temporal options for air quality management; (iv) Title V Permits (federally-required permits) for 1,400 facilities within 3 years--one-third during 1996; (v) continue to improve public outreach; (vi) improve AQMD's contracting process to increase MBE/WBE participation; (vii) promote new clean air technologies more aggressively; (viii) continue work on the AQMD's Internet site; and (ix) bring a number of market-based programs to the Board for consideration.
Commenting that he believed improvement should be a continuous process, Chairman Mikels made the following recommendations with regard to regulatory reform initiatives he believes the AQMD can undertake:
Consistent with regulatory reform, Chairman Mikels made the following recommendations for statutory reform:
In conclusion, Chairman Mikels expressed his belief that AQMD has an obligation to undertake and demonstrate that regulatory reform and the protection of public health and attainment of air quality standards can coexist and be managed. Chairman Mikels recommended that staff investigate the potential for implementation of the recommended initiatives, and report back to the Board at its February 9, 1996 meeting.
In response to Ms. Soto, staff agreed to bring a report back to the Board on the progress of enhanced public outreach activities.
ON MOTION OF DR. WILSON, SECONDED BY MS. SOTO, A UNANIMOUS VOTE WAS CAST BY THE BOARD MEMBERS PRESENT (Absent: Burke) DIRECTING STAFF TO INVESTIGATE THE POTENTIAL FOR IMPLEMENTATION OF THE FOLLOWING INITIATIVES, AS RECOMMENDED BY CHAIRMAN MIKELS:
Regulatory Reform
Statutory Reform
CONSENT CALENDAR
1. Minutes of November 17, December 7 and December 8, 1995 Board Meetings
Set Public Hearings for February 9, 1996 (Items 2 through 4):
2. Receive Public Input on the Executive Officer's Program Goals/Objectives
for
Fiscal Year 1996-97
3. Staff Recommendation and Rulemaking Action Plan on Intercredit
Trading--
Increasing Flexibility for AQMD's Mobile and Stationary Source
Emissions
Credit Programs
4. Set Hearing to Amend Paragraph (f) (7) of Rule 2202 - On-Road
Vehicle
Mitigation Options Pertaining to Fees for the Air Quality Investment
Program
5. Preparation of a Three-Year Budget Forecast
6. Audit for the Fiscal Year Ended June 30, 1995
7. Award Contract for California Environmental Quality Act Analysis Assistance
8. Amend the Agreement for Employee Relations Litigation and Negotiation Services
9. Issue a Request for Proposals to Enhance the Current RECLAIM
NOx/SOx
Central Station Computer System
10. Public Advisor, Local Government, Small Business Assistance,
and Economic
Development Offices
11. AQMD Advisor, January 1996
12. Hearing Board Variances and Appeals
13. Lead Agency Projects and Environmental Documents Received by the AQMD
14. Annual Rule Forecast Report 1996
15. Feasibility of Monthly Recordkeeping for Flexographic, Gravure,
Letterpress, and
Lithographic Printing Operations
Agenda Items 1, 2, 7, 9 and 14 were held for discussion. Chairman Mikels noted that beginning with the February 9, 1996 Board meeting, there will be a notation on the agenda that consent calendar items held for discussion will be placed at the end of the agenda.
MR. PAULITZ MOVED APPROVAL OF AGENDA ITEMS 3 THROUGH 6, 8, 10 THROUGH 13 AND 15 AS RECOMMENDED BY STAFF. THE MOTION WAS SECONDED BY DR. WILSON, AND PASSED BY THE FOLLOWING VOTE:
AYES: Antonovich (except Item No. 8), Braude, Haggard, Hewitt, Lee, Loveridge, Mikels, Paulitz, Silva, Soto (except Item No. 8) and Wilson.
NOES: Soto (on Agenda Item No. 8 only).
ABSTAIN: Antonovich (on Agenda Item No. 8 only).
ABSENT: Burke.
1. Minutes of November 17, December 7 and December 8, 1995 Board Meetings
John Billheimer, Consultant, addressed the Board to request that the Minutes of the December 7 Board Meeting be amended to clarify that the intent of his comments, summarized on Page 10 of the Minutes, was to question whether the ski slopes were "logically" within AQMD's jurisdiction.
2. Set a Public Hearing for February 9, 1996 to Receive Public Input on the Executive Officer's Program Goals/Objectives for Fiscal Year 1996-97
Ed Guiles of San Diego Gas & Electric addressed the Board to express their gratitude, as one of the recipients of a Clean Air Partners Award, for AQMD's leadership in allowing businesses the flexibility to not only meet the intent of the law, but to allow them to transition into a more competitive market-based industry.
Linda Waade addressed the Board on behalf of the Coalition for Clean Air and the Natural Resources Defense Council (NRDC) to urge AQMD, now that California's economy is beginning to recover from the recession, to get back to the business of making substantial reductions in air pollution emissions. The Coalition and NRDC will continue to fight any legislation to undermine AQMD's efforts, and want to make sure that AQMD does not lose sight of its mission to protect public health by improving air quality. (Submitted Written Comments.)
14. Annual Rule Forecast Report 1996
Pat Leyden, DEO of Stationary Source Compliance, presented the annual report highlighting AQMD's rulemaking activities for the years 1993 through 1995, and forecasting emission reductions due to proposed rulemaking activities in 1996. An update of VOC RECLAIM and other major rulemaking activities was also provided.
Robert Wyman, Attorney with Latham & Watkins, addressed the Board on behalf of the Regulatory Flexibility Group and urged the Board to stop work on staff's proposed VOC RECLAIM because of the uncertainties regarding both the region's future economic activity and the likely pace of technology development; and to instead adopt an open market emission trading program, which would not require AQMD to impose facility caps and would have the further advantage of extending to regulated entities in any sector of the inventory, thus potentially expanding emissions trading well beyond the 2 percent of the inventory currently attributable to the VOC RECLAIM sources. (Submitted Written Comments.)
ON MOTION OF DR. WILSON, SECONDED BY MS. HAGGARD, A UNANIMOUS VOTE WAS CAST BY THE BOARD MEMBERS PRESENT (Absent: Burke) APPROVING AGENDA ITEMS 1, 2 AND 14 (including cancellation of the January 18 Board Study Session and the April 26 public hearing regarding VOC RECLAIM) AS RECOMMENDED BY STAFF, WITH THE FOLLOWING AMENDMENT TO PAGE 10 OF THE MINUTES OF THE DECEMBER 7, 1995 BOARD MEETING:
"Mr. Billheimer raised the question, with respect to the ski slope exemption, as to whether or not the north slope of the mountains facing the desert are in fact logically within AQMD's jurisdiction."
At Ms. Soto's request, Page 2 of the Minutes of the December 7, 1995 Board Meeting were also amended, with respect to Ms. Soto's comments on Agenda Item No. 15, as follows:
"She suggested that staff focus on involving more of the minority community newspapers that are in English, which is most likely what people interested in these types of business opportunities would be reading. The fact that not one MBE is on the vendor's list represents an outreach failure, and she expressed her commitment to continue working with AQMD staff to improve AQMD's outreach efforts."
7. Award Contract for California Environmental Quality Act Analysis Assistance
9. Issue a Request for Proposals to Enhance the Current RECLAIM NOx/SOx Central Station Computer System
Ms. Soto and Ms. Lee reported on the January 5, 1996 meeting of the Board's Ad Hoc AA Committee (Committee). It is an accepted fact that in the employee hiring/promotion arena, there really isn't a lot that can be done, especially since focus is on downsizing the agency every year. However, the Committee did spend a considerable amount of time on is the District's contracting and purchasing policies. The Committee recommended that the staff review past experiences with similar type RFPs, review RFP mailing list to determine if there are historical problems in obtaining MBE/WBE/DVBE participation. The committee also requested, that when staff recommends awarding a contract, the Board members be provided the names of the evaluation panelists and copies of the evaluation forms as part of the review. It was subsequently decided, that the names and forms would be reviewed during the Administrative Committee's review of the monthly agenda.. The Committee directed staff to do a comprehensive analyses of the District's existing policies and procedures and report back with recommendations on ways to increase outreach and minority participation. Based on this process, the Committee will be able to recommend to the full Board, a new direction for the District to take.
ON MOTION OF DR. WILSON, SECONDED BY MS. HAGGARD, A UNANIMOUS VOTE WAS CAST BY THE BOARD MEMBERS PRESENT (Absent: Burke and Loveridge) APPROVING AGENDA ITEMS 7 AND 9 AS RECOMMENDED BY STAFF.
BOARD CALENDAR
Note: The Interagency AQMP Implementation, Stationary Source, and Mobile Source Air Pollution Reduction Review Committees did not meet in December.
16. Administrative Committee
17. Legislative Committee
18. Mobile Source Committee
19. Technology Committee
20. Air Resources Board Monthly Meeting
21. Advisory Council Minutes of October 26, 1995 Meeting
ON MOTION OF MR. BRAUDE, SECONDED BY MR. PAULITZ, A UNANIMOUS VOTE WAS CAST BY THE BOARD MEMBERS PRESENT (Absent: Burke) APPROVING AGENDA ITEMS 16 THROUGH 21 AS RECOMMENDED.
22. Administrative Committee Recommendation Concerning Advisory Council Membership
Dr. Lents presented the Administrative Committee's recommendation that it undertake a comprehensive evaluation of the Advisory Council's composition, duties and activities, and return with recommendations for the Board's consideration by no later than the June 1996 Board meeting.
ON MOTION OF MR. HEWITT, SECONDED BY MS. SOTO, A UNANIMOUS VOTE WAS CAST BY THE BOARD MEMBERS PRESENT (Absent: Burke) APPROVING AGENDA ITEM NO. 22 AS RECOMMENDED.
23. Feasibility of Using Rule 1130 (Graphic Arts) Compliant Inks in the Flexographic Printing of Polyethylene and Polypropylene Bags
Fred Lettice, SSC Senior Manager, gave a brief presentation outlining the findings of the technology assessment on the flexographic printing of polyethylene and polypropylene bags conducted by staff at the Board's direction.
Mr. Sol Schor, Coast Converters, addressed the Board and recommended that variances granted to companies from the 300 grams-per-liter VOC limit in Rule 1130 be reviewed and, where determined appropriate, the time period of the variances be shortened.
Mr. Richard Gurewitz, Polypak America, expressed concern that the staff report made no mention of the fact that flexibility or changes to Rule 1130 are necessary to address problems experienced during the packaging, storage, shipping and consumption of frozen products, pharmaceuticals, hot packs and nitrogen-emitting fertilizer packaged in polyethylene or polypropylene bags printed with water-based inks.
ON MOTION OF DR. WILSON, SECONDED BY MS. SOTO, A UNANIMOUS VOTE WAS CAST BY THE BOARD MEMBERS PRESENT (Absent: Burke) RECEIVING AND FILING AGENDA ITEM NO. 23 AS RECOMMENDED BY STAFF.
PUBLIC HEARINGS
At Mr. Hewitt's request, Agenda Item No. 26 was taken out of order for the Board to consider a continuance of the public hearing to the February Board meeting.
26. 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
In response to the letter dated January 3, 1996 from the Environmental Legislative & Regulatory Advocacy Program of the Southern California Paint & Coatings Association (EL RAP) to include Rule 1113 among the rules proposed for amendment in conjunction with the proposed rescinding of Rule 1129,
MR. HEWITT MOVED TO CONTINUE THE PUBLIC HEARING ON AGENDA ITEM NO. 26 TO THE FEBRUARY 9, 1996 BOARD MEETING AND DIRECT STAFF TO PREPARE AND NOTICE A PROPOSED AMENDMENT TO RULE 1113 TO BE INCLUDED AMONG THE RULES PROPOSED FOR AMENDMENT IN CONJUNCTION WITH THE PROPOSED RESCINDING OF RULE 1129 AT THE FEBRUARY 9, 1996 BOARD MEETING. THE MOTION WAS SECONDED BY MS. SOTO.
Chairman Mikels indicated that requests to address the Board on the item had been submitted by Mr. John Billheimer, Consultant, and Mr. Ray Robinson of EL RAP. Both gentlemen deferred their comments until the February 9 public hearing.
THE MOTION BY MR. HEWITT PASSED BY A UNANIMOUS VOTE OF THE BOARD MEMBERS PRESENT (Absent: Burke).
Note: The date of the continued public hearing was subsequently changed, by a unanimous vote of the Board, to the March 8, 1996 Board meeting in order to meet the 30-day public notice requirement.
Written Comments Submitted by:
Murray DuBourdieu, Benjamin Moore & Company
Madelyn K. Harding, The Sherwin-Williams Company
Alaistair C. Macdonald, Specialty Coatings & Chemicals, Inc.
24. Public Hearing on the First Annual RECLAIM Program Audit
Pat Leyden, DEO of Stationary Source Compliance, presented the staff report. The public hearing was opened, and the Board heard testimony from the following individuals:
DR. ANNE SHOLTZ, Automated Environmental Credit Exchange (AECE)
1) Commented on the importance of the two-cycle approach with respect to the increased demand by businesses for credits when reporting missing data. 2) Gave a brief overview of how AECE works.
MILLIE YAMADA, Northrop Grumman
Expressed concerns regarding clerical errors in their facility permit, an inordinate burden and redundancy in recordkeeping, and several problems encountered with respect to monitoring and reporting.
In response, Ms. Leyden offered to meet with Ms. Yamada and resolve the concerns raised.
ROBERT WYMAN, Regulatory Flexibility Group (RFG)
In response to the comparison of NOx RECLAIM and staff's proposed VOC RECLAIM made by Ms. Leyden during presentation of the staff report, commented that RFG would support VOC RECLAIM if it were to go forward with the same methodology as the NOx RECLAIM program. However, there are two important differences between the two programs: (i) under the NOx program, companies would have received allocations for their peak activity levels in 1989--a year before the recession, whereas the VOC program narrows the window of years from which companies could chose their peak activity levels to periods when production levels were lower because of the recession; and (ii) in the VOC program, everyone's initial allocation is shaved to make up for what AQMD staff perceived as a shortfall from two or three additional rules, which was not done under the NOx program.
CURTIS COLEMAN, CMA Southern California Air Quality Alliance
Agreed that the NOx program has been very successful, but pointed out that the area of monitoring and reporting still remains probably the most significant area where companies are still having problems getting their CEMS to work properly, to interface properly with the new RTUs, and to get the data reported to the AQMD. Staff and industry need to continue working together to resolve those problems.
LEE WALLACE, Southern California Gas Company
Recommended that the Board ask the Clean Air Partner Award winners to form a working group to address simplifying and reducing the cost of monitoring, reporting and recordkeeping.
Expressing her full support of that recommendation, Ms. Leyden indicated that staff will proceed to invite Clean Air Partner Award winners to work with staff on developing ways of reducing reporting costs.
JOSH MARGOLIS, Cantor Fitzgerald Brokerage, L.P.
Elaborated on the success of the NOx/SOx Trading Market and gave an overview of the three Clean Air Auctions that have occurred. (Submitted Written Comments.)
JOHN BILLHEIMER, Small Business Coalition
Recommended that when the AQMD produces lists of members of universes, to sort the members not only by facility I.D. number and alphabetically by company name, but to also include an SIC Code sort so that industry groups can more efficiently examine their own impact.
Chairman Mikels asked that staff examine the possibility of SIC Code sorting as suggested by Mr. Billheimer.
(Ms. Soto left at 12:20 p.m. during public testimony.)
ON MOTION OF DR. WILSON, SECONDED BY MR. PAULITZ, A UNANIMOUS VOTE WAS CAST BY THE BOARD MEMBERS PRESENT (Absent: Burke and Soto) APPROVING THE FIRST ANNUAL RECLAIM AUDIT REPORT, AS RECOMMENDED BY STAFF.
(Mr. Hewitt left at 12:35 p.m.)
25. Adopt Proposed Rule 518.2 - Federal Alternative Operating Conditions
The staff report was presented by SSC Senior Manager Anupom Ganguli. On January 11, 1996 EPA submitted a letter to staff (copies of which were distributed to Board members and made available to the public) suggesting addition of the following language to Proposed Rule 518.2, which staff recommended inserting as Subparagraph (e)(5):
"(5) The Hearing Board may deny a petition for an Alternative Operating Condition if excess emissions resulting from operation of a source pursuant to the Alternative Operating Condition would, by themselves, cause an exceedance of a National Ambient Air Quality Standard."
Staff further recommended the addition of the following sentence to the end of proposed (e)(5), in response to industry representatives:
"The burden of proof on this issue, should it arise, shall be upon the Executive Officer."
The public hearing was opened, and the Board heard testimony from the following individuals:
STEVE BROILES, Attorney, on behalf of the Cities of Burbank, Glendale and Pasadena
Urged adoption of the proposed rule, which accomplishes all of the objectives the three cities hoped to when they raised this issue with the Board in June 1995.
LEE WALLACE, Southern California Gas Company
Expressed strong support for the proposed rule, and urged the Board to have staff continue to work with EPA to include protection under Title V for NSPS and NESHAP requirements.
GREG ADAMS, Los Angeles County Sanitation Districts
1) Expressed the following reservations: (I) the SIP allowance bank for NOx and SOx in particular is unworkably low; (ii) concerned with the length of time it takes to transfer ERCs to cover excess emissions, but staff assures them they will streamline this process to the best of their ability; (iii) not just ERCs should be eligible for transferring, but universal trading credits derived from the intercredit trading program should also be eligible; and (iv) the AOC should encompass all federal rules contained within the Title V Permit, in particular Federal NSPS and NESHAPS.
2) Recommend the following language contained in the staff report be included in the proposed rule:
"In developing conditions for Alternative Operating Conditions, the Hearing Board shall consider technical and economic factors in determining whether the technology or monitoring required is feasible."
MIKE CARROLL, Attorney, on behalf of Regulatory Flexibility Group
Supported adoption of the proposed rule; expressed concern that (I) the 45-day EPA and public notice requirements for AOCs is onerous, (ii) AOCs are not available for NSPS and NESHAP requirements, and (iii) the SIP allowance may not have been properly funded; hoped to be back before the Board at a later date to seek amendments to Rule 518.2 to address these concerns.
CURTIS COLEMAN, CMA Southern California Air Quality Alliance
Expressed support and their desire that 518.2 be viewed as a work in progress; and as additional areas of flexibility and ease of administration arise at the state or federal level, that everyone work together to resolve the issues
DR. VLADAMIR KOGAN, Orange County Sanitation Districts
Expressed full support of the proposed rule and asked for consideration in the future of increasing the SIP allowances for VOC.
There being no further testimony, the public hearing was closed.
Written Comments Submitted by:
Lyle R. Nelson, Southern California Edison Company
ON MOTION OF DR. WILSON, SECONDED BY MS. LEE, A UNANIMOUS VOTE WAS CAST BY THE BOARD MEMBERS PRESENT (Absent: Antonovich, Braude, Burke, Hewitt and Soto) ADOPTING RESOLUTION NO. 96-1, CERTIFYING THE NOTICE OF EXEMPTION AND ADOPTING RULE 518.2 AS RECOMMENDED BY STAFF, WITH THE FOLLOWING MODIFICATION:
Insert the following rule language as Subparagraph (e)(5):
"(5) The Hearing Board may deny a petition for an Alternative Operating Condition if excess emissions resulting from operation of a source pursuant to the Alternative Operating Condition would, by themselves, cause an exceedance of a National Ambient Air Quality Standard. The burden of proof on this issue, should it arise, shall be upon the Executive Officer."
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.
CLOSED SESSION/ADJOURNMENT
27. Closed Session to Consider Pending or Potential Litigation and Personnel Matters
Upon District Counsel Barbara Baird's indication that it was necessary for the Board to include an additional item under closed session,
MS. HAGGARD MOVED THAT THE BOARD FIND THAT THERE IS A NEED TO TAKE IMMEDIATE ACTION TO CONFER WITH DISTRICT COUNSEL AND LABOR NEGOTIATORS NICK NIKKILA AND CHARLES GOLDSTEIN PURSUANT TO GOVERNMENT CODE 54957.6 TO NEGOTIATE CONCERNING SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION AND THE FEDERATION OF PUBLIC SECTOR WORKERS, AND THAT THE NEED FOR ACTION CAME TO THE ATTENTION OF THE BOARD SUBSEQUENT TO POSTING OF THE AGENDA. THE MOTION WAS SECONDED BY MR. LOVERIDGE AND PASSED BY A UNANIMOUS VOTE OF THE BOARD MEMBERS PRESENT (Absent: Antonovich, Braude, Burke, Hewitt and Soto.)
The Board recessed to closed session at 12:55 p.m. as set forth below, and the meeting was adjourned by Chairman Mikels:
Under Negotiation: Price and terms of payment
The foregoing is a true statement of the proceedings held by the South Coast Air Quality Management District Board on January 12, 1996.
Respectfully Submitted,
SAUNDRA McDANIEL
Senior Deputy Clerk
Date Minutes Approved: _____________________________
_________________________________________________
Jon D. Mikels, Chairman
ACRONYMS
AOC = Alternative Operating Condition
AQIP = Air Quality Investment Program
AQMD = Air Quality Management District
AQMP = Air Quality Management Plan
CEMs = Continuous Emissions Monitors
CEQA = California Environmental Quality Act
CMA = California Manufacturers Association
DEO = Deputy Executive Officer
EPA = Environmental Protection Agency
ERC = Emission Reduction Credit
MBE/WBE/DVBE = Minority/Woman/Disabled Veteran-owned Business Enterprise
NESHAPS = National Emission Standards for Hazardous Pollutants
NOx = Oxides of Nitrogen
NSPS = New Source Performance Standards
PM10 = Particulate Matter < 10 microns
RECLAIM = REgional CLean Air Incentives
Market
RFP = Request for Proposals
SIC = Standard Industrial Classification
SIP = State Implementation Plan
SOx = Oxides of Sulfur
SSC = Stationary Source Compliance
VOC = Volatile Organic Compound