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:
Dr. William Burke, Vice Chairman
Speaker of the Assembly Appointee
Mayor Michael D. Antonovich (arrived at 10:10 a.m.)
County of Los Angeles
Cody G. Cluff
Governor’s Appointee
Councilmember Norma J. Glover
Cities of Orange County
Ms. Mee H. Lee
Senate Rules Committee Appointee
Mayor Ronald O. Loveridge
Cities of Riverside County
Councilmember Leonard Paulitz
Cities of San Bernardino County
Supervisor James W. Silva
County of Orange
Councilmember Nell Soto
Cities of Los Angeles County - Eastern Region
Supervisor S. Roy Wilson, Ed.D.
County of Riverside
Members Absent:
The meeting was called to order at 9:37 a.m. by Chairman Mikels.
• Opening Comments
James M. Lents, Ph.D., Executive Officer. Announced that: (i) an electric golf cart utilizing fuel cell technology, for which AQMD helped fund development, was on display at AQMD; and (ii) the 12th Council District Transportation Management Association and Foundation presented AQMD a Community Transportation Partner Award for its efforts regarding ridesharing and air quality.
• State of the District
Dr. Lents summarized AQMD’s accomplishments and disappointments for 1996, and outlined the challenges for 1997.
CONSENT CALENDAR
Mr. Hugo Morris, Joint Council of Teamsters No. 42, addressed the Board regarding Agenda Item No. 20 (Approve Memorandum of Understanding with the Teamsters Local 911) to express appreciation of the Board’s approval of the MOU, and commend the two AQMD chief stewards--Sandra Ornelas, Office Clerical and Maintenance Bargaining Unit, and Lynn Brown, Technical and Enforcement Bargaining Unit--for their contributions to the negotiating process.
BOARD CALENDAR
PUBLIC HEARINGS
Melvin Zeldin, Planning Director, gave the staff report; and noted the following Proposed Revisions to the Governing Board Resolution for PAR 403/PR 1186, copies of which were distributed to Board members and made available to the public:
BE IT FURTHER RESOLVED, that the District Staff is to establish a working group comprised of staff members of local jurisdictions, leagues of cities, councils of governments, and other relevant organizations to resolve implementation issues for
PR 1186 (PM10 Emissions from Paved and Unpaved Roads, and Livestock Operations).
BE IT FURTHER RESOLVED, that the Governing Board of the AQMD directs District Staff to assist local jurisdictions, councils of governments, and leagues of cities in seeking funding, including but not limited to additional opportunities under AB 2766 and Intermodal Surface Transportation Efficiency Act/Congestion Management Air Quality (ISTEA/CMAQ) programs, for the implementation of Proposed Rule 1186 (PM10 Emissions from Paved and Unpaved Roads, and Livestock Operations).
BE IT FURTHER RESOLVED, that the Governing Board of the AQMD directs District Staff to provide a status report to the Governing Board on outreach programs, working groups, funding opportunities, special studies, and other implementation progress by June 30, 1998, with interim semi-annual reports to the Local Government & Small Business Assistance Advisory Group."
(Mr. Antonovich arrived at 10:10 a.m., during the staff report.)
Mr. Zeldin responded that staff is cognitive and sensitive to the situation of cities and local government, and is committed to coming back to the Board in mid-1998 with a status report before any initial action is required of cities or counties.
The public hearing was opened, and the Board heard testimony from the following individuals:
Speaking in support of PAR 403 and PR 1186:
TIM CARMICHAEL, Coalition for Clean Air
Commented that it is imperative that the cities do their fair share in the efforts to reduce particulate pollution, which is a serious problem in this region and has been found to have serious health impacts.
GAIL RUDERMAN FEUER, Natural Resources Defense Council
Commented that in the South Coast region alone, particulate matter is responsible for 8,700 premature deaths each year. Also, at approximately $350 per ton of emission reductions, PAR 403 and PR 1186 are very cost-effective.
JOHN BILLHEIMER, Small Business Coalition
Suggested that AQMD staff examine the issue of whether a permit should be required for street sweeper equipment; and requested that the Board make a resolution that no money from permit fees or emission inventory from fee-paying stationary sources be used for the administration or the subsidy of the cities and counties in regard to Rules 403 and 1186. (Submitted Written Comments)
JIM NYARADY, Air Resources Board
Expressed ARB’s belief that both PAR 403 and PR 1186 are technically sound and feasible, and all of the BACM requirements included in the rules meet the AQMD’s, as well as ARB’s, cost-effectiveness criteria. With respect to concerns raised by several cities regarding the cost of implementing PR 1186, specifically purchase of the PM10-efficient street sweepers and the treatment of unpaved roads, there are funding sources available for implementing these provisions. One such source of funds is the motor vehicle registration monies that the cities and counties in the south coast receive directly.
JEB STUART, Construction Industry Air Quality Coalition (CIAQC)
Questioned whether the requirement in Rule 403 to water disturbed areas under high wind conditions (originally required three times; now being amended to four times) may, under certain soil conditions, be counterproductive. Staff has agreed to work with CIAQC in conducting tests under various wind conditions ,with various soil conditions, with and without watering.
FRANK CAPONI, Los Angeles County Sanitation Districts
Expressed support for PAR 403 and PR 1186, and establishment of a working group.
Speaking in opposition to PAR 403 and/or PR 1186:
RUTHANNE TAYLOR BERGER, Western Riverside Council of Governments (WRCOG)
Opposed adoption of PR 1186 for the following reasons: (i) there is a perception that Rule 1186 creates a disparate geographic impact, by having the inland empire responsible for paving all the roads and taking care of all the fugitive dust; (ii) Rule 1186 is an unfunded mandate, and cities and counties do not have the money to comply with the rule requirements; (iii) the rule could unduly infringe upon property rights of individual owners, and there is concern regarding the 1998 time frame in which livestock operators have to come into compliance; and (iv) cities or others covered by Rule 1186 should be allowed the option and flexibility to develop alternatives that achieve equivalent emission reductions.
MARGARET CLARK, Mayor, City of Rosemead/League of California Cities
Commented that one of the reasons the League of California Cities voted to oppose PR 1186 as an unfunded mandate if a funding source was not found is because with the passage of Proposition 218, cities are under a tremendous inability to raise funds.
Chairman Mikels pointed out that the lowest AB 2766 allocations are in the range of $20,000 to $30,000 per year for very small cities, and these funds are a source of money that should provide more than enough, in terms of the differential between street sweeper costs ($10,000 - $30,000), when equipment replacements are made after 1999. Therefore, he does not view PR 1186 as an unfunded mandate.
LORI VAN ARSDALE, Vice Mayor, City of Hemet
Expressed opposition to PAR 403 and PR 1186, particularly because at this time the largest reservoir in the country is being built in the San Jacinto Valley--moving 200,000 cubic yards of dirt and stones--and want to make sure that their dairy farmers or anybody that is required to conform to the proposed amendment/rule are not penalized by that activity.
KAREN BROWN, concerned citizen
Expressed opposition to PAR 403 and PR 1186, and commented that the air monitoring station removed from the San Jacinto Valley should be returned.
No position expressed:
DEE ALLEN, City of Los Angeles
Commented that the City of Los Angeles has many concerns regarding PR 1186, and supports the recommendation to establish a working group to address these issues and to come back to the Board in June 1998.
There being no further testimony, the public hearing was closed.
Written Comments Submitted By:
Michael P. Kenny, Air Resources Board
Commenting that the position articulated by WRCOG--a position not supported by the County of Riverside, a member of WRCOG--is a classic example of elected officials losing touch with the people they are elected to represent and whose health they are responsible for protecting, Dr. Wilson urged the Board to support the rules as recommended.
Speaking in support of PAR 403 and PR 1186, Mr. Loveridge commented that while the position expressed by WRCOG representative Ms. Taylor Berger on this item was reflective of the majority vote, it was not supported by all of the cities in Western Riverside County. It seemed to him that the chief concern should be health, and Rules 403 and 1186 will result in a significant reduction of particulate matter, which poses a serious health threat to Western Riverside County--particularly the populated areas.
Chairman Mikels expressed his belief that it is incumbent upon government to step forward and take responsibility for doing its part in cleaning up the air and join the private sector partners who have shouldered, along with consumers, a considerable amount of the burden.
"BE IT FURTHER RESOLVED, that the Governing Board of the AQMD directs District Staff to conduct an outreach program with local jurisdictions, councils of governments, leagues of cities, and affected industries to assist and monitor implementation of Proposed Amended Rule 403 (Fugitive Dust) and Proposed Rule 1186 (PM10 Emissions from Paved and Unpaved Roads, and Livestock Operations) and provide a status report to the Governing Board on implementation progress by June 30, 1998, with interim semi-annual reports to the Local Government & Small Business Assistance Advisory Group and ensure active participation by these parties on all future activities related to implementation of these rules.
BE IT FURTHER RESOLVED, that the District Staff is to establish a working group comprised of staff members of local jurisdictions, leagues of cities, councils of governments, and other relevant organizations to resolve implementation issues for PR 1186 (PM10 Emissions from Paved and Unpaved Roads, and Livestock Operations).
BE IT FURTHER RESOLVED, that the Governing Board of the AQMD directs District Staff to assist local jurisdictions, councils of governments, and leagues of cities in seeking funding, including but not limited to additional opportunities under AB 2766 and Intermodal Surface Transportation Efficiency Act/Congestion Management Air Quality (ISTEA/CMAQ) programs, for the implementation of Proposed Rule 1186 (PM10 Emissions from Paved and Unpaved Roads, and Livestock Operations).
BE IT FURTHER RESOLVED, that the Governing Board of the AQMD directs District Staff to provide a status report to the Governing Board on outreach programs, working groups, funding opportunities, special studies, and other implementation progress by June 30, 1998, with interim semi-annual reports to the Local Government & Small Business Assistance Advisory Group."
THE MOTION WAS SECONDED BY MS. LEE, AND PASSED BY A UNANIMOUS VOTE OF THE BOARD MEMBERS PRESENT (Absent: Braude).
David Schwien, Senior Manager/Stationary Source Compliance, gave the staff report. The public hearing was opened, and the Board heard testimony from the following individuals:
MR. DANA ZANONE, Industrial Molding Corporation
Opposed lowering the VOC content limit for electric dissipating and shock free coatings from 6.7 to 3.0 pounds per gallon, unless the January 1, 1998 effective date for the lower limit was changed to January 1, 1999. This would allow his company the additional time necessary for planning, permitting, construction, testing, and qualification of waterborne coatings and required equipment.
JOHN BILLHEIMER, Small Business Coalition
Suggested that, since shoes are exposed to all of the elements that usually qualify for "extreme environment", staff consider bringing a rule amendment back to the Board in the future (possibly with upcoming amendments to Rule 1168 - Control of VOC Emissions from Adhesive Application) to include an extreme environment provision. (Submitted Written Comments.)
There being no further testimony, the public hearing was closed.
Chairman Mikels announced that in order to ensure that the Board take action on the items regarding rule amendment/adoption while a quorum of Board members were still present, Item No. 38 would be taken out of order.
Pang Mueller, Senior Manager/Stationary Source Compliance, gave the staff report; and noted the following revisions to Appendix A, Chapter 3 of Proposed Amended Rule 2012, copies of which were distributed to Board members and made available to the public:
d. The alternative RAA must include at least one run at each of two operating loads. These operating loads must be within 10 percent of the lowest historical operating load and 60 to 100 percent of the maximum operating range of the fuel flow meter. Additional runs are required if the results of the first two runs differ by more than + 0.5%. The alternative RAA can include one run at one operating load if the testing laboratory is regulated by the California Public Utilities Commission, and is subject to a more stringent as-left accuracy, as defined in Eq. 22a, than specified in subparagraph (H)(4)(c).
The public hearing was opened, and the Board heard testimony from the following individuals:
CURTIS COLEMAN, Attorney, on behalf of CMA Southern California Air Quality Alliance
Expressed support for the staff recommendation, including the two-month delay so that the contractor issue can be resolved; and commented that the proposed amendment does not solve all of the RECLAIM implementation problems, but it does solve another large subset of the problems.
JEB STUART, Construction Industry Air Quality Coalition
Expressing support for the staff recommendation and delay of the contractor issue until a compromise can be worked out, commented that there are CIAQC members who have asphalt plants and must have contractors bring rubber in to add to the asphalt in order to meet federal and state law requirements. This results in "extra emissions" which cause the asphalt plant operators to lose their "super compliance" status.
GREGORY BRANDT, Texaco Refining & Marketing, Inc.
Expressed support for the amendments to RECLAIM concerning non-operated sources, which is a reasonable approach to addressing the needs for monitoring requirements for these sources; while still maintaining enforceability for the RECLAIM program.
Written Comments Submitted By:
Neal Truong, McDonnell Douglas
Linda J. Becker, San Diego Gas & Electric
1) ADOPTING RESOLUTION NO. 97-4, AMENDING RULES 2000, 2001, 2002, 2005, 2011, 2012 AND 2015 AND CERTIFYING THE NOTICE OF EXEMPTION AS RECOMMENDED BY STAFF, WITH THE FOLLOWING REVISIONS TO APPENDIX A, CHAPTER 3 OF RULE 2012:
d. The alternative RAA must include at least one run at each of two operating loads. These operating loads must be within 10 percent of the lowest historical operating load and 60 to 100 percent of the maximum operating range of the fuel flow meter. Additional runs are required if the results of the first two runs differ by more than + 0.5%. The alternative RAA can include one run at one operating load if the testing laboratory is regulated by the California Public Utilities Commission, and is subject to a more stringent as-left accuracy, as defined in Eq. 22a, than specified in subparagraph (H)(4)(c).
Pat Leyden, DEO of Stationary Source Compliance, reported on the findings of the RECLAIM program audit. The public hearing was opened, and the Board heard testimony from the following individuals:
CURTIS COLEMAN, Attorney, CMA Southern California Air Quality Alliance
Commented on the impact of the missing data on the reported emissions and the impacts that has on the companies that are operating under the RECLAIM program, in order to make the Board aware that all of the missing data problems have not been resolved; and to ensure that staff has the necessary direction to use its discretion in interpreting the RECLAIM rules to avoid unfair impacts on RECLAIM facilities, and to bring problems back to the Board if further amendments to the rule are needed to deal with these unfair impacts.
GAIL RUDERMAN FEUER, Natural Resources Defense Council (NRDC)
Commented that the report confirms concerns that she and other environmentalists expressed in 1993 when the RECLAIM program was adopted, that because of high allocation of credits in the early years of the program, there would not be any real emissions reductions for the early years of the program. If next year’s audit report does not show actual reductions in emissions, NRDC will, at that time, ask that the Board implement the backstop measures and begin reducing the allocations so that real emissions reductions occur.
There being no further testimony, the public hearing was closed.
Benjamin Shaw, Senior Manager/Stationary Source Compliance, gave the staff report. The public hearing was opened, and the Board heard testimony from the following individuals:
TIM CARMICHAEL, Coalition for Clean Air
1) Expressed concern that after 7 years, only 40 percent of the HRAs have been finalized or canceled; and expressed doubt that the remaining 60 percent will be completed within the next 2 years as projected by AQMD staff. 2) Commented that while the staff report states that the program is successful, the report does not effectively communicate how it is successful; and suggested that the Board direct staff to produce a report listing the facilities that have, as a result of this program, stopped using toxic materials over the last 4 or 5 years.
With respect to a public listing of facilities that have reduced or discontinued use of toxic materials, Ms. Leyden responded that part of the reason these facilities reduced or discontinued use of the materials was to avoid having to send out a notice to their communities that certain compounds were used or had been used at their facilities.
In response to a question by Mr. Paulitz, Mr. Shaw explained that it has not taken staff 7 years to review the 150 HRAs. At the start of the program, companies were required to inventory over 400 toxic compounds to determine if these compounds were being used at their facilities. Staff then prioritized the companies, and the first HRAs that could be finalized were submitted to the AQMD, after review by the state, in 1993 or 1994. The largest emitters were handled first, and each year, as staff has gained better understanding, the process has become faster. Also, staff expects the process time per company to be considerably less with smaller companies than it was for the large, more complex companies that have used more than one toxin.
Expressing her concern, Ms. Soto commented that the concerns of the environmental community should be taken in consideration by staff for next year’s report. Dr. Lents responded that staff will meet with Mr. Carmichael to satisfy the concern raised regarding identification of facilities that have reduced or discontinued use of toxic materials, and staff will work with him to address this issue as a formal part of the process for next year’s report.
The public hearing was opened. There being no requests from the public to address the Board on this item, the public hearing was closed.
CLOSED SESSION/ADJOURNMENT
The Board recessed to closed session at 12:11 p.m., pursuant to Government Code Section 54957, to conduct a public employee performance evaluation for the position of Executive Officer.
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 February 14, 1997.
Respectfully Submitted,
SAUNDRA McDANIEL
Senior Deputy Clerk
Date Minutes Approved: ________________________
____________________________________________
Jon D. Mikels, Chairman
ACRONYMS
AB = Assembly Bill
AQMD = (South Coast) Air Quality Management District
ARB = Air Resources Board
BACM = Best Available Control Measure
CEMS = Continuous Emissions Monitoring System
CMA = California Manufacturers Association
DEO = Deputy Executive Officer
FY = Fiscal Year
HRA = Health Risk Assessment
NOx = Oxides of Nitrogen
PAR = Proposed Amended Rule
PM10 = Particulate Matter < 10 microns
PR = Proposed Rule
RECLAIM = REgional CLean Air Incentives Market
RFP = Request for Proposals
RFQ = Request for Quotations
SOx = Oxides of Sulfur
VOC = Volatile Organic Compound