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:
Councilmember Norma J. Glover, Vice Chairman
Cities of Orange County
Councilmember Richard Alarcón
Cities of Los Angeles County - Western Region
Supervisor Michael D. Antonovich
County of Los Angeles
Ms. Mee H. Lee (left at 12:13 p.m.)
Senate Rules Committee Appointee
Mayor Ronald O. Loveridge (left at 12:13 p.m.)
Cities of Riverside County
Supervisor Jon D. Mikels
County of San Bernardino
Wayne H. Nastri
Governor’s Appointee
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
The meeting was called to order at 9:39 a.m. by Chairman Burke.
• Opening Comments
Mr. Silva. Announced that the AQMD was presented with a plaque for its participation in an event held on September 27, 1997 in the City of Seal Beach, sponsored in part by the American Lung Association of Orange County, which included a kite flying contest and discussion of air quality in the South Coast basin. Chairman Burke stated that the plaque would be placed on display at AQMD Headquarters.
Ms. Glover. Reported on the 1997 Conference on the New Federal Toxic Regulations (Title III) which was held on October 7, 1997, and distributed to Board members a summary of the key issues discussed at the conference. Six Board members attended the conference, along with over 400 representatives from the business community and other agencies and organizations. She and Board members Nell Soto, Mee Lee, Jon Mikels, Richard Alarcón and Wayne Nastri chaired various sessions of the program. The goal for the conference was to have EPA join with AQMD and hear first-hand how the community feels about the need to streamline the paperwork required under Title III. The conference was very successful, and she believes EPA’s understanding and respect for the AQMD has increased significantly. The fact remains, however, that EPA wants to go rule-by-rule through the determination of equivalency. The AQMD, CARB, and CAPCOA feel very strongly that they should be able to obtain delegated authority from EPA that would allow them to streamline the paperwork. The conference was the fruition of the work of Ms. Soto and Dr. Wilson, who are members of the Home Rule Advisory Group (HRAG). The HRAG will continue to work on this issue and report back to the Board.
Chairman Burke asked that staff look into an issue which was brought up at the conference by one of the speakers on the panel; and that is, that there are people who are fraudulently selling items which purportedly comply with AQMD regulations, but are actually unworkable.
CONSENT CALENDAR
Agenda Items 1, 2, 17, 18, 19 and 20 were held for discussion.
Mr. Nastri asked that Page 11 of the Minutes be amended to reflect that
Theodore Griswold, the attorney for the labor union, agreed that the informational approach, as opposed to the Reg. XII approach, was the appropriate way for the Board to proceed in the LAXT matter.
John Billheimer, Consultant, addressed the Board and stated that the Minutes are complete as to what was said on the LAXT matter at the September 12 Board meeting; however, he wanted to bring to the Board’s attention for future discussion something that was not said, but is an underlying issue. There is a conflict between the necessity and desirability of public participation in permit processing, and the practical matter of when an operation has constructed according to a permit to construct, an 11th-hour public discussion of the validity of the permit raises the question of the quality of permit operations. (Submitted Written Comments).
Dr. Barry Wallerstein, Acting Executive Officer, stated that at the Administrative Committee meeting on September 19, 1997, Mr. Alarcón asked that Items 17 & 18 be pulled from the consent calendar because those items are affected by the proposed interim policy on contracting and purchasing and consultant selection (Agenda Item No. 2). Staff therefore recommended that the Board take action on Agenda Item No. 2 prior to approving the remaining consent calendar items.
DR. WILSON MOVED APPROVAL OF AGENDA ITEMS 3 THROUGH 16 AND 21 THROUGH 29 AS RECOMMENDED. THE MOTION WAS SECONDED BY MS. GLOVER, AND PASSED BY THE FOLLOWING VOTE:
AYES: Alarcón, Antonovich (except Items Nos. 12 & 15), Burke (except Item No. 12), Glover, Lee, Loveridge, Mikels, Nastri, Paulitz, Silva, Soto and Wilson.
NOES: None.
ABSTAIN: Antonovich (on Items Nos. 12 and 15 only) and Burke (on Item No. 12 only).
ABSENT: None.
Gwen Norton-Perry, Vice Chair of the MSRC, and Ray Gorski, MSRC Technical Advisor, addressed the Board to respond to a question by Mr. Mikels concerning the amount of emission reductions associated with the contracts to be let for Items 19 and 20. Four smart shuttle projects are being recommended for funding, with expected emission reductions in excess of 10,000 pounds per year of NOx, particulate matter, and reactive organic gases. The student education projects, they believe, do result in direct and tangible--though not immediate--emission reductions. The MSRC has taken guidance from the ARB, which believes it is worthwhile to have at least a small investment in outreach to children to try to induce future behavioral changes. The Smart Shuttle Services and Student Education Program account for only 4.2 percent and 1.4 percent, respectively, of funding for the overall two-year work program.
In response to Mr. Mikels, Mr. Gorski estimated a cost effectiveness for the smart shuttles of approximately $55 per pound of emissions reduced. Indicating that would equate to approximately $110,000 per ton, Mr. Mikels asked staff how that figure compares with AQMD’s cost effectiveness figures for industry. Dr. Wallerstein responded that the AQMD’s cost effectiveness figures generally range from approximately $5,000 to $25,000 per ton of emissions.
Ms. Soto noted that Board members had received letters from several legislators and one from Tuolumne County Chamber of Commerce regarding the quality of proposals in the 1997-99 Work Program. She suggested that the AQMD respond to these letters, and look into whether the letters were generated as part of a direct effort by other factions to circumvent AB 2766 discretionary funds to other areas.
Mr. Mikels commented that he has had a long standing concern with the cost efficiency of the AB 2766 program, and the letters from legislators are simply proof that there is concern in the legislature. His concern is that AQMD has the responsibility to show that the expenditure of AB 2766 funds will achieve cost effective reductions of mobile source emissions; and if it does not show that, he believes the entire program could be jeopardized.
At Ms. Glover’s request, Peter Greenwald, General Counsel, clarified that the Board has the authority to approve or disapprove the work program. If it is disapproved, it will be sent back to the MSRC, which can readopt it in a different form and resubmit it to the Board. The Board’s authority is limited to approving or disapproving the work program in total; it cannot chose particular portions of the work program.
Dr. Wallerstein indicated that staff is submitting written responses to the letters received from members of the legislature, as well as following up with each of them individually.
In response to comments by Mr. Alarcón and Ms. Soto expressing their support for an extension of the November 15, 1997 deadline for submittal of proposals by local government, Mr. Gorski assured them that the MSRC will take that under consideration at its October 23, 1997 meeting. Only 20 proposals have been submitted thus far from the cities and counties, and the bulk of proposals are expected to be received after November 1, 1997.
The following individuals addressed the Board regarding Items 19 & 20:
ANITA MANGELS, Californians Against Hidden Taxes
Expressing opposition to the MSRC’s recommendations on these two items, commented that the summaries provided in the board letters do not quantify any estimated reductions, nor adequately define the methods by which any such emission reductions might be achieved. Therefore, it is not clear as to whether or not the requirements of AB 2766 can be met; specifically, that the projects funded "result in direct and tangible reductions in vehicular air pollution". The student education programs clearly do not meet the smog reduction standard set by AB 2766, and it is extremely doubtful that smart shuttles will achieve direct and tangible emission reductions. (Submitted Written Comments)
KYLE DAVIS, Southern California Edison
Speaking in support of the MSRC’s recommendations, expressed belief that the majority of the funds should be spent on projects that have quantifiable and tangible emission reductions, and allocating less than 2 percent of the overall work program’s budget for TCM and student education projects is a reasonable expenditure of funds. The ARB does have adopted methodology to measure the emission benefits of student education projects and TCM projects. The problem is, those projects are not considered as cost effective as other types of projects.
Chairman Burke commented that he and Vice Chairman Glover have discussed formation of a Finance Committee to review not only the finances of the AQMD, but its proposed grants programs as well. He asked that Ms. Glover chair the committee, and that Mr. Antonovich and Mr. Paulitz serve on the committee, and stated that he will serve on the committee as a member at large.
Written Comments Submitted by:
Assemblyman Dick Ackerman, California Legislature
Senator Raymond N. Haynes, California State Senate
Assemblyman Thomas McClintock, California Legislature
Assemblyman Thomas "Rico" Oller, California Legislature
Danny Heuton, Tuolumne County Chamber of Commerce
The following individuals addressed the Board:
CAROL RICHARDS, KEVIN RUDIGER, and ALI AHMED,Los Angeles Campaign for a Free Burma
Expressed opposition to the proposed contract with Eco-Scrap, a subsidiary of Unocal Corporation, and asked that the Board take into consideration that Unocal plead guilty to the largest oil spill in California history and is currently involved in a pipeline project in Burma in which a lawsuit has been brought in Los Angeles Federal Court relating to forced labor practices in clearing the pipeline path, which also involves a tremendous amount of environmental degradation to that area.
Commenting that he recently introduced a motion relative to Burma into the
Los Angeles City Council and does not believe the AQMD should engage in activity that supports regimes such as that in Burma, Mr. Alarcón questioned what authority the Board has in this regard.
Peter Greenwald, General Counsel, responded that the Board’s decision on this item must be based upon the criteria specified in the RFP, which does not contain criteria such as that advocated by the individuals who spoke. The Board could, however, reissue the RFP with different criteria.
Mr. Alarcón commented that he believes the appropriate way to approach this issue would be to establish a general policy statement to not work with Burma, and that it would not be appropriate to forestall action on this item. He noted for the record that while he is sensitive to the Burma issue, he does not believe this item is the appropriate method for addressing the issue.
AYES: Antonovich, Burke, Glover, Lee, Loveridge, Mikels, and Nastri.
NOES: Paulitz, Soto and Wilson.
ABSTAIN: Alarcón and Silva.
ABSENT: None.
AYES: Alarcón, Antonovich, Burke, Glover, Lee, Loveridge, Nastri, Paulitz, Silva, Soto and Wilson.
NOES: Mikels.
ABSENT: None.
AYES: Antonovich, Burke, Glover, Lee, Loveridge, Nastri, Paulitz, Silva, Soto and Wilson.
NOES: Alarcón and Mikels.
ABSENT: None.
BOARD CALENDAR
In addition to the recommended action on this item, Mr. Nastri recommended that Erin Sheehy be appointed to the Scientific, Technical & Modeling Peer Review Advisory Group.
1) ESTABLISHING MEMBERSHIP OF THE ETHNIC COMMUNITY ADVISORY GROUP, HOME RULE ADVISORY GROUP, SCIENTIFIC, TECHNICAL & MODELING PEER REVIEW ADVISORY GROUP, AND TECHNOLOGY ADVANCEMENT ADVISORY GROUP;
2) AMENDING RESOLUTION NO. 97-18 (incorrectly stated as
97-1 in the Board letter) TO CHANGE THE MEMBERSHIP ALLOWANCE FOR TECHNOLOGY ADVANCEMENT AND LOCAL GOVERNMENT & SMALL BUSINESS ASSISTANCE ADVISORY GROUPS;
3) DELEGATING AUTHORITY TO THE BOARD CHAIR OR, IN THE CHAIR’S ABSENCE, THE VICE CHAIR TO MAKE ADDITIONAL APPOINTMENTS FROM TIME TO TIME AND REPORT THOSE APPOINTMENTS TO THE BOARD AT THE NEXT BOARD MEETING FOLLOWING THE APPOINTMENT;
4) ACKNOWLEDGING THE CHAIR’S APPOINTMENT OF AN ADDITIONAL MEMBER, MONROVIA CITY COUNCILMAN JOE G. GARCIA, TO THE AQMP ADVISORY GROUP; AND
5) APPOINTING AN ADDITIONAL MEMBER, ERIN SHEEHY, TO THE SCIENTIFIC, TECHNICAL & MODELING PEER REVIEW ADVISORY GROUP.
Written Comments Submitted by:
John Billheimer, Consultant
Chairman Burke assured Board members that they will be able to exercise ongoing oversight on implementation of the initiatives, and will receive monthly reports for review and comment as each facet of the workplan is carried out. In addition, any significant budget expenditures related to implementation of the initiatives will be disclosed and will receive full review by the appropriate committee and the full Board prior to the authorization of funding.
Dr. Wallerstein presented several slides of the La Montaña site in Huntington Park, showing rubble and debris from the Santa Monica Freeway that was piled up several times higher than the homes located across the street from the facility. The La Montaña site has been one of the local issues that is illustrative of environmental justice. Dr. Wallerstein gave an overview of the staff’s response to each of the initiatives. With respect to Initiative No. 10 (Public Comment, Rules 1401 and 1402), staff’s initial proposal was to fast-track the item and bring before the Board in February 1998 amendments to Rule 1401 to include additional compounds, and to return to the Board in April 1998 with any other amendments to Rule 1401 and 1402. In anticipation of comments by the public regarding the time frame for Initiative No. 10, staff presented the following alternative time lines for the Board’s consideration: (i) wait until the workshop in November/December 1997 before establishing the time line; (ii) wait until either late 1998 or early 1999 when Initiative #2 (Ambient Monitoring of Air Toxics) has been implemented, to have the benefit of that data prior to bringing the proposed amendments to the Board; or (iii) return to the Board with proposed amendments in late-Summer 1998, when part of the information from Initiative #2 would be available.
Following is a list of individuals who addressed the Board to comment on the initiatives and the proposed workplan to implement those initiatives, and a summary of key comments made. There was no opposition expressed.
Environmental and Community Representatives:
LAURIE JOHNSON and ELIDIA MADRIGAL, Community of East Wilmington
DEAN HICKMAN, La Causa
ALICIA RIVERA, Communities for a Better Environment
CARLOS PORRAS, Communities for a Better Environment
JOSEPH GONZALES, Communities for a Better Environment
GAIL RUDERMAN FEUER, Natural Resources Defense Council (NRDC)
JOEL SWARTZ, Communities for a Better Environment
TIM CARMICHAEL, Coalition for Clean Air
SHIPRA BANSAL, Communities for a Better Environment
Industry Representatives:
ROBERT WYMAN, Attorney/Latham & Watkins, representing Regulatory Flexibility Group
CURTIS COLEMAN, Attorney, representing CMA Southern California Air Quality Alliance and California Aerospace Environmental Association
CHARLES AARNI, Chevron Products Company
Legislator:
JUAN CARLOS TORRES, on behalf of Senator Hilda L. Solis
As a long time advocate of environmental justice, supports all 10 of the initiatives proposed by Chairman Burke. Pleasantly surprised that industry supports environmental justice issues, and would hope that message be communicated to their lobbyists in Sacramento. (Submitted Written Comments)
A joint written statement strongly supporting the recommended actions on this item was submitted by:
Gail Ruderman Feuer, Natural Resources Defense Council
Carlos Porras, Communities for a Better Environment
Linda Waade, Coalition for Clean Air
Commenting that, with respect to air pollution in general, there are no more impacted communities in this basin than those in the Inland Empire, Mr. Mikels expressed his concern that the AQMD seek to achieve real emission reductions that overly impact not only the communities that have been mentioned at this meeting, but also those in the Inland Empire, which are too numerous to list. He agreed with those speakers who indicated that the real proof will be in what AQMD actually achieves with this program.
Chairman Burke responded that there will be no discrimination--relating to geography, race or economic conditions--allowed in carrying out the proposed environmental justice initiatives.
In response to comments by Mr. Mikels concerning Board monitoring and assessment of effectiveness of the program, Dr. Wallerstein recommended that staff report to the Board every six months with sufficient information for the Board to assess the effectiveness of the program and provide the Board with a breakdown of the allocation of resources (monetary, monitoring, etc.), by county.
Mr. Paulitz expressed his full support for the environmental justice initiatives. With regard to industry’s comments that Rules 1401 & 1402 should not be re-opened until after the data has been collected from ambient monitoring for air toxics, he commented that the AQMD has been working on that data since 1994, and he does not see a need to wait any longer. He further commented that contrary to industry’s comments that the people who are effected by the toxics are the same people who work at these facilities and if the facilities are shut down, those people will be out of work; he believes it is possible to have jobs for people and a clean industry at same time. With respect to allocation of resources and the shifting of the revenue, he indicated that he has advocated several times in committee meetings--and will advocate once more--that the AQMD needs to have a mid-year budget review.
Expressing her support for the initiatives and the workplan proposed, Ms. Soto commented that it is important for the AQMD to continue its efforts to include the business community in the decision making process, and to also put the same level of effort into including the affected communities throughout the basin in the decision making process.
Mr. Antonovich expressed his support, with the inclusion that staff be directed to dovetail the timeline for Initiative No. 10 with Initiative No. 2 so that the Board could have the findings from the latest air monitoring data when it considers amendments to Rules 1401 and 1402.
Mr. Loveridge and Dr. Wilson acknowledged and complimented Chairman Burke for bringing the environmental justice initiatives forward, and staff for a speedy, responsive and comprehensive development of an implementation plan for the initiatives. They expressed their support for the initiatives, and their appreciation for the geographic justice commitment from the Chairman.
Mr. Alarcón commended Chairman Burke for his leadership and embracing this issue, and he commended staff for developing a well thought out practical approach. He also commended all the people who understand that we have to go beyond the issues of just resolving air quality and look more specifically at whose air quality we are resolving. By embracing these initiatives, he believes we are embracing a better future for our young people. He urged a unanimous approval by the Board of this item. At a time when a claim has been filed against AQMD on environmental justice issues, and when over the last several years there have been questions about how committed the AQMD truly is to air quality, this makes a strong statement that this Board is intent on improving the quality of the air in the South Coast basin.
1) AFFIRMED THE PROPOSED GUIDING PRINCIPLES RELATED TO ENVIRONMENTAL JUSTICE;
2) APPROVED THE WORKING DEFINITION OF "ENVIRONMENTAL JUSTICE"; AND
3) DIRECTED STAFF TO PROCEED WITH IMPLEMENTATION OF THE CHAIRMAN’S ENVIRONMENTAL JUSTICE INITIATIVES, REPORT BACK TO THE BOARD EVERY SIX MONTHS WITH SUFFICIENT INFORMATION FOR THE BOARD TO ASSESS THE EFFECTIVENESS OF THE PROGRAM, PROVIDE THE BOARD WITH A BREAKDOWN OF THE ALLOCATION OF RESOURCES (MONETARY, MONITORING, ETC.), BY COUNTY, AND DOVETAIL THE TIMETABLES FOR INITIATIVES NO. 2 (AMBIENT MONITORING OF AIR TOXICS) AND NO. 10 (RULES 1401 AND 1402).
Consistent with Initiative No. 6 (City of Los Angeles Forum), Mr. Alarcón distributed to Board members copies of a flyer for the City of Los Angeles’ Environmental Justice Forum, to be held on Saturday, October 25, 1997 from 8:30 a.m. until 3 p.m. at the Department of Water & Power Conference Center, 111 No. Hope Street, Los Angeles. He noted that AQMD has been included on the agenda for that conference.
PUBLIC HEARINGS
Carol Coy, Assistant DEO/Stationary Source Compliance, reported that staff recommends continuing the public hearing on this item to the November 14, 1997 Board meeting. Staff deferred a formal presentation on the item until that time.
(Ms. Lee and Mr. Loveridge left at 12:13 p.m.)
JOHN BILLHEIMER, Consultant, Small Business Coalition
Commenting that there are additional actions that can be taken between now and the hearing on November 14, 1997, suggested that the Board consider referring to the Local Government and Small Business Advisory Group examination of the conflict between the objectives of public review and the objectives of permit streamlining. He has been unable to locate any record as to what useful result has occurred from allowing an additional 30 or 60 days for public review of a permit, after the permit has been processed by the District according to all its rules and is recommended for issuance. He suggested, in order to prepare for the November hearing, that staff bring forth the statistics of the type of responses and the consequence of those responses on reducing emissions. (Submitted Written Comments).
At the request of Mr. Alarcón, Agenda Item No. 41 was taken out of order.
OTHER BUSINESS
Mr. Alarcón reported that the Legislative Committee has been reviewing the revamping of AQMD’s legislative advocacy program in Sacramento, as well as the need for AQMD representation in Washington, D.C. Subsequent to the September 19, 1997 Legislative Committee meeting, he was informed that AQMD’s Sacramento lobbyist may move on to other options. He also had an opportunity to meet in Washington, D.C. with numerous officials, and there appears to be support for having AQMD representation in Washington D.C., and continuing its representation in Sacramento. He therefore initiated this item to issue an RFP, with the intent of contracting out for consultancy services in Washington, as well as Sacramento. However, at the request of Mr. Silva, Vice-Chair of the Legislative Committee, he recommended that this matter be referred to the Legislative Committee. Emphasizing that timing is of the essence in this matter, Mr. Alarcón distributed copies of his supplemental report on this item to Board members and asked that they review it, and make their comments in response to the Legislative Committee.
OPEN SESSION
39A. Announcement of Closed Session
CLOSED SESSION
The Board recessed to closed session at 12:12 p.m.,
• Pursuant to Government Code Section 54956.9(b), to confer with counsel to consider whether to initiate litigation - one case.
• Pursuant to Government Code Section 54956.9(a), to confer with counsel to discuss existing litigation which has been initiated formally and to which the District is a party. The title of the litigation is: Coalition for Clean Air, et al. v. SCAQMD, et al., USDC No. 97-6916 JSL (SHx).
• Pursuant to Government Code Section 54956.8, to confer with real property negotiator regarding property located at 9150 Flair Drive, El Monte, CA 91731. Negotiating Parties: Commercial Development International/West, Inc. and Corsair LLC. Under Negotiation: Price/Terms of Purchase/Sales Agreement.
• Pursuant to Government Code Section 54957, to consider release of a public employee. Title: Legislative Director.
The Board reconvened at 1:20 p.m., and Mr. Greenwald indicated that a written report of actions taken by the Board in closed session would be available in the Clerk of the Board’s Office.
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 Burke at 1:22 p.m.
The foregoing is a true statement of the proceedings held by the South Coast Air Quality Management District Board on October 10, 1997.
Respectfully Submitted,
SAUNDRA McDANIEL
Senior Deputy Clerk
Date Minutes Approved: ________________________
____________________________________________
Dr. William Burke, Chairman
ACRONYMS
AB = Assembly Bill
AQIP = Air Quality Investment Program
AQMD = (South Coast) Air Quality Management District
AQMP = Air Quality Management Plan
ARB/CARB = (California) Air Resources Board
CAPCOA = California Air Pollution Control Officers Association
DEO = Deputy Executive Officer
EPA = Environmental Protection Agency
EV = Electric Vehicle
FY = Fiscal Year
LNG = Liquefied Natural Gas
MSRC = Mobile Source (Air Pollution Reduction) Review Committee
PAMS = Photochemical Assessment Monitoring Stations
RFP/RFQ = Request for Proposals/Quotations
TCM = Transportation Control Measure
ULEV = Ultra Low Emission Vehicle
ZEV = Zero Emission Vehicle