FRIDAY, DECEMBER 6, 1996 AND FRIDAY, DECEMBER 13, 1996
Notice having been duly given, a meeting of a Committee of the South Coast Air Quality Management District Board was held at Palm Desert City Hall, 73-510 Fred Waring Drive, Palm Desert, California, and 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 on December 6, 1996:
Supervisor James W. Silva
County of Orange
Supervisor S. Roy Wilson, Ed.D.
County of Riverside
Chairman Mikels called the meeting to order at 10:00 a.m. and announced that because there was not a quorum of Board members present, the public hearing on the Coachella Valley PM10 Plan would be continued to the Board’s regular meeting on December 13, 1996 for consideration and action by the full Board. The public hearing would be opened, the Committee would hear public testimony, and a transcript would be provided to the Board members not present for their review prior to the December 13, 1996 meeting.
PUBLIC HEARING
Note: A transcript of the public hearing on the Coachella Valley PM10 Attainment Redesignation Request and Maintenance Plan has been prepared and a copy is available for public review in the AQMD Library. Following is a summary of the proceedings.
Melvin Zeldin, Director of Planning, gave the staff report. The public hearing was opened, and the Committee heard testimony from the following individuals:
JOHN BILLHEIMER, Consultant
Commented that in many respects the Coachella Valley PM10 Plan would be the model for a similar effort in the coastal basin; however, there are differences which will make it a much more difficult task for the basin.
DR. EMILY NELSON, Consultant, Coachella Valley PM10 Technical Working Group
Suggested that: (i) because of turnover resulting from public elections, there needs to be ongoing education of local staff and elected officials regarding maintenance of the PM10 standard in the Coachella Valley; and (ii) there needs to be better education and outreach to the public regarding the public health problems related to PM10 and behavior modification on extreme natural days when the natural dust occurrence is so extreme that it cannot be controlled with street sweepers.
JERRY MECHANIC, Coachella Valley Association of Governments
Expressed CVAG’s endorsement of the proposed maintenance plan and thanked everyone who worked hard to make the Coachella Valley PM10 attainment program successful.
ED TIVITY, Building Industry Association Desert Chapter
Expressed appreciation to AQMD staff for working cooperatively with the people of Coachella Valley to make PM10 attainment possible.
There being no further testimony, the Committee continued the public hearing on the Coachella Valley PM10 Plan to the December 13, 1996 Board meeting.
Members present on December 13, 1996:
Dr. William Burke, Vice Chairman
Speaker of the Assembly Appointee
Mayor Michael D. Antonovich
County of Los Angeles
Councilman Marvin Braude
Cities of Los Angeles County - Western Region
Cody G. Cluff
Governor's Appointee
Mayor Candace Haggard
Cities of Orange County
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
Cities of Los Angeles County - Eastern Region
Supervisor S. Roy Wilson, Ed.D.
County of Riverside
The meeting was called to order at 9:38 a.m. by Chairman Mikels.
Chairman Mikels administered the oath of office to Mr. Cody G. Cluff, who was appointed by Governor Pete Wilson to fill the unexpired term of Hugh Hewitt, ending January 15, 1999.
• Opening Comments
Dr. Burke. Referred to a December 13, 1996 article in the Los Angeles Times newspaper concerning a proposed expansion of the Los Angeles International Airport (LAX), and commented that he raised questions relating to the FIP and LAX at the November 15, 1996 Board meeting. Requested that Chairman Mikels consider establishing a committee to examine representations made to AQMD on behalf of the LAX approximately one year ago and determine whether or not those representations are proceeding and are in tandem with the proposed plans for expansion. Chairman Mikels indicated that he would have that officially accomplished by the next Board meeting.
James M. Lents, Ph.D., Executive Officer. Briefed the Board on the new federal air quality standards that are being proposed by the U.S. EPA, including a PM2.5 standard.
(Mr. Braude arrived at 9:50 a.m.)
• Demonstration of Web-Actuated Request for Permits
Vinita Mathur, Director of Information Management, gave a brief demonstration of AQMD’s new Web-Actuated Request for Permits (WARP) system which provides a way to apply for an AQMD Permit to Operate for selected types of equipment over the World Wide Web.
(Mr. Antonovich arrived at 10:08 a.m.)
• Status Report on AQMD Local Implementation Efforts Regarding Title III, The Federal Air Toxics Program
Pat Leyden, DEO of Stationary Source Compliance, gave a brief report to the Board. The Home Rule Working Group, co-chaired by Dr. Wilson and Ms. Soto, has joined with CARB and the California Air Pollution Control Officers Association (CAPCOA), and jointly agreed upon five basic principles--the California Coalition Principles for Program Approval--that: 1) Program approval would provide exactly the same, if not better, environmental benefits; and cover the same sources and the same products; 2) A practical approach to enforcement is needed; 3) State or local agencies need the ability to significantly streamline the monitoring and recordkeeping and reporting in the federal requirements; 4)State or local agencies want the authority to make minor adjustments, including the approval of minor changes to test methods; and 5) State and local agencies want U.S. EPA to commit to streamlining the process for local program approval. A joint letter dated December 4, 1996 was submitted by Michael P. Kenny, ARB Executive Officer, and Mark Boese, CAPCOA President, to Felicia Marcus U.S. EPA Region IX Administrator, asking for EPA to consider a streamlined approach to program approval. The attachment to that letter lays out the five principles in greater detail and includes signatures from the six major air districts in California, along with signatures from most of the major industrial organizations in California and one of the major labor groups. Staff expects to be back before the Board in February or March of 1997 with the results of progress with EPA to streamline local program approval.
CONSENT CALENDAR
Agenda Items Nos. 5, 8 and 10 were held for discussion.
5. Reorganize the Advisory Council
Ms. Soto commented that she hoped the reorganization of the Advisory Council and consolidation of the various advisory groups would not stymie the discussion and interchange that members of the Ethnic Advisory Council have had with staff; and that their concerns, if any, and recommendations are brought to the Board.
Mr. Loveridge offered two suggestions: (i) that once a year, the Administrative Committee conduct a performance review of the Advisory Groups, and once every other year have a performance audit conducted by an outside group; and (ii) that attendance rules be established for members of the Advisory Groups.
Expressing concern that the reorganization of the Advisory Council as proposed provides the Chairman of the Governing Board too much control, Mr. Silva suggested the following alternative membership size and appointment policy for the Advisory Council:
• two members from each Advisory Group, appointed by the advisory groups;
• one at-large appointee by each Governing Board member for a total of 12; and
• two members appointed by the Governing Board Chairman.
Mr. Braude asked that the suggestions by Mr. Loveridge and Mr. Silva be referred to the Administrative Committee for review and brought back to the Board for consideration at a later date.
Written Comments Submitted by:
Linda Waade, Coalition for Clean Air and
Gail Ruderman Feuer, Natural Resources Defense Council
8. Employee Relations Litigation
Ms. Soto commented that she would be voting no on this item because this is the third or fourth time since she has been on the Board that the amount has been increased for this firm (Goldstein, Kennedy & Petito) to defend AQMD against its own employees, which is something about which she has great trepidation.
Speaking in support of the recommendation, Mr. Paulitz commented that as he understands it, there are presently more than the usual amount of cases. He pointed out that AQMD has no control over who sues the agency, and that AQMD can either give in and pay off those suing the AQMD or pay legal fees to defend itself.
AYES: Braude, Burke, Cluff, Haggard, Lee, Loveridge, Mikels, Paulitz, Silva and Wilson.
NOES: Soto.
ABSTAIN: Antonovich.
ABSENT: None.
10. Travel Agency Services
Mr. Silva indicated that he intends to send a letter to Dr. Lents requesting that staff look into the possibility of obtaining special, lower rates for airline travel for the AQMD, such as the lower "government" rates that airlines offer.
BOARD CALENDAR
PUBLIC HEARINGS
Note: A transcript of the public hearing on the Coachella Valley PM10 Attainment Redisgnation Request and Maintenance Plan is available for review in the AQMD Library.
Melvin Zeldin, Director of Planning, reported that a public hearing was held on this item on December 6, 1996 in Palm Desert, California. Board Members Mikels, Silva and Wilson, sitting as a Committee of the Board, opened the public hearing, heard testimony from the public, and continued the hearing to the December 13 Board meeting. A transcript of the December 6 public hearing was prepared, and copies of the transcript were provided to each of the Board members not present on December 6, 1996.
The public hearing was opened, and the Board heard testimony from the following individual:
JOHN BILLHEIMER, Consultant
Speaking in support of the staff recommendation, raised the question of whether or not the PM10 control measures that were done successfully in the Coachella Valley could be transferred to the coastal basin; and suggested that the AQMD consider that as Proposed
Rule 1186 (PM10 Emissions from Paved and Unpaved Roads and Livestock Operations) comes before the Board within the next few months. (Submitted Written Comments)
There being no further public testimony, the public hearing was closed.
Dr. Wilson complimented AQMD staff and the people representing all of the governments, business and industries in the Coachella Valley area for working together cooperatively which resulted in PM10 attainment for Coachella Valley.
AYES: Antonovich, Burke, Haggard, Lee, Loveridge, Mikels, Paulitz, Silva, Soto and Wilson.
NOES: None.
ABSTAIN: Cluff.
ABSENT: Braude.
Fred Lettice, Senior Manager/Stationary Source Compliance, gave the staff report. The public hearing was opened, and the Board heard testimony from the following individuals:
JOHN BILLHEIMER, Consultant
Supported the proposed adjustment of VOC limits, but expressed concern that the proposed amendments relating to optional control equipment under Subparagraph (d) created an inequity between operators who complied with the VOC limits through "formulation" and those who complied by reducing overall VOC emissions through the use of add-on control equipment. He suggested that Subparagraph (d) be held for further study. (Submitted Written Comments)
JOHN GLASER, Artisan Screen Process
Expressed support for the proposed amended rule, particularly the special category for containers and the corresponding 800 grams-per-liter VOC content limit.
There being no further testimony, the public hearing was closed.
Written Comments Submitted by:
Scott Whitehouse, Colortone Gaming Press
Alene Taber, Planning & Rules Manager/Stationary Source Compliance, gave the staff report; and noted the Errata Sheet for Agenda Item 31, copies of which were distributed to Board members and made available to the public. The errata sheet contained changes to PAR 1124 with respect to the definitions and VOC limits for Commercial Exterior Aerodynamic Structure Primer (changed to "Low Solids Corrosion Resistant Primer"), Adhesive Bonding Primers, and Adhesion Promoter (consolidated into "Adhesive Bonding Primers" category).
The public hearing was opened, and the Board heard testimony from the following individuals:
ALAN CULWELL, The Boeing Company
Expressed support for PAR 1124 because the rule continues to be technology forcing, and the proposed time extensions are necessary to allow low-VOC materials to be developed and qualified.
CURTIS COLEMAN, Attorney, on behalf of California Aerospace Environmental Association
Expressed support for PAR 1124, and will continue to work with staff to try to resolve concerns the aerospace industry still have about several of the definitions in the rule.
JERRY KRAIM, Kraim Environmental Engineering
Expressed support of the proposed amendments, and commented that he met with staff regarding reservations he had about some of the proposed provisions and staff addressed and resolved his concerns.
There being no further testimony, the public hearing was closed.
Jack Broadbent, Assistant DEO/Stationary Source Compliance, gave the staff report; and noted that staff’s recommendation on this item includes the following changes to PAR 219, set forth in an errata sheet which was distributed to the Board and made available to the public:
Preamble
"A written permit or registration shall not be required for the following equipment unless the equipment, process material or air contaminant is subject to Regulation IX, or X, or Rule 1401 or the emission limitation requirements of the state Air Toxic Control Measure (ATCM), or the National Emission Standards For Hazardous Air Pollutants (NESHAP), or unless the Executive Officer determines that the equipment may not operate in compliance with all applicable District Rules and Regulations, or determines that the equipment has a potential to emit an air contaminant which is listed in Rule 1401. Once the Executive Officer. . . ."
Subparagraph (l)(18)
"Control enclosures with an internal volume of eight cubic feet or less, provided that aerosol cans, and air brushes, or hand work are used exclusively."
Subparagraph (m)(1)(C)
"Water based solutions of salts of or sodium hydroxide."
The public hearing was opened, and the Board heard testimony from the following individuals:
RITA LOOF, RadTech International
Speaking in opposition to PAR 219, expressed concerns regarding inaccuracies and inequities in the rule related to ultraviolet and electron beam (UV/EB) coatings. Commented that the exemption should be expanded for UV/EB processes because these are low VOC processes and converting from a solvent based process to UV/EB represents a net emission reduction for the basin.
CHARLES AARNI, Chevron Products Company
Encouraged the Board to adopt PAR 219, but expressed the following concerns that Chevron would like to have addressed by AQMD staff: (i) Subparagraph (n) of the rule exempts crude oil and natural gas production wells from AQMD permit requirements; however there are many wells in the basin that are drilled for purposes of subsurface mitigation and AQMD’s past practice has been to exempt those wells--however the language in PAR 219 does not clearly state that those wells are exempt; (ii) have ongoing discussions with AQMD staff negotiating the types of equipment that will ultimately be included on a RECLAIM facility permit and on a Title V Permit--especially as it applies to refineries.
Mr. Broadbent responded that staff is aware of the concerns expressed by Mr. Aarni and plan to address those concerns in Rule 219 amendments that staff expects to propose to the Board in 1997. Have also been working with RadTech International, and are supportive of incentivizing UV/EB technology and to the extent staff can work with AQMD permitting requirements to incentivize it, streamline and possibly eliminate the permit requirements, will do so. However, in staff’s analysis to date, there is conflicting information as staff has obtained information from other users of UV/EB equipment which has not been consistent with information that has been supplied by representatives of RadTech. Therefore, staff needs more time to work with them and will address the issues raised by RadTech as part of the 1997 amendment process for Rule 219.
There being no further testimony, the public hearing was closed.
Written Comments Submitted by:
Neal Truong, McDonnell Douglas/Douglas Aircraft Company
Preamble
"A written permit or registration shall not be required for the following equipment unless the equipment, process material or air contaminant is subject to Regulation IX, or X, or Rule 1401 or the emission limitation requirements of the state Air Toxic Control Measure (ATCM), or the National Emission Standards For Hazardous Air Pollutants (NESHAP), or unless the Executive Officer determines that the equipment may not operate in compliance with all applicable District Rules and Regulations, or determines that the equipment has a potential to emit an air contaminant which is listed in Rule 1401. Once the Executive Officer. . . ."
Subparagraph (l)(18)
"Control enclosures with an internal volume of eight cubic feet or less, provided that aerosol cans, and air brushes, or hand work are used exclusively."
Subparagraph (m)(1)(C)
"Water based solutions of salts of or sodium hydroxide."
THE MOTION WAS SECONDED BY MS. SOTO, AND PASSED BY A UNANIMOUS VOTE OF THE BOARD MEMBERS PRESENT
(Absent: Braude).
PUBLIC COMMENT PERIOD - (Public Comment on Non-Agenda Items, Pursuant to Government Code Section 54954.3)
Ms. Lee noted for the record that the correspondence Mr. Trowbridge had with Mr. Cluff was in Mr. Cluff’s capacity as President of Entertainment Industry Development Corporation and not as a member of the Governing Board. Chairman Mikels commented that Mr. Trowbridge has had ongoing discussions with AQMD staff on this issue, the Board would receive his letters, and the appropriate action would be taken.
CLOSED SESSION/ADJOURNMENT
The Board recessed to closed session at 11:18 a.m., pursuant to Government Code Section 54957.6, to confer with its Labor Negotiator. Agency Negotiator: Nick Nikkila/Charles Goldstein. Employee Organizations: Teamsters Local 911 and San Bernardino Public Employees Association.
Following closed session, the meeting was adjourned by Chairman Mikels.
The foregoing is a true statement of the proceedings held by the South Coast Air Quality Management District Board on December 6 and December 13, 1996.
Respectfully Submitted,
SAUNDRA McDANIEL
Senior Deputy Clerk
Date Minutes Approved: ________________________
Jon D. Mikels, Chairman
ACRONYMS
AQMD = (South Coast) Air Quality Management District
ARB/CARB = California Air Resources Board
Cal-EPA/U.S. EPA = California/United States Environmental Protection Agency
CVAG = Coachella Valley Association of Governments
DEO = Deputy Executive Officer
FIP = Federal Implementation Plan
IAIC = Interagency AQMP Implementation Committee
NOx = Oxides of Nitrogen
PAR = Proposed Amended Rule
PM2.5 = Particulate Matter < 2.5 microns
PM10 = Particulate Matter < 10 microns
RECLAIM = REgional CLean Air Incentives Market
RFP = Request for Proposals
SIP = State Implementation Plan
VOC = Volatile Organic Compound