SUMMARY MINUTES OF THE
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT
FRIDAY, November 13, 1998
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, Chairman
Speaker of the Assembly AppointeeCouncilmember Norma J. Glover, Vice Chairman
Cities of Orange CountyCouncilmember Richard Alarc�n
Cities of Los Angeles County - Western RegionSupervisor Michael D. Antonovich (arrived at 10:05 a.m.)
County of Los AngelesMs. Mee H. Lee
Senate Rules Committee AppointeeMayor Ronald O. Loveridge
Cities of Riverside CountySupervisor Jon D. Mikels
County of San BernardinoPaul A. Woodruff
Governor’s AppointeeCouncilmember Leonard Paulitz
Cities of San Bernardino CountySupervisor James W. Silva
County of OrangeCouncilmember Nell Soto
Cities of Los Angeles County - Eastern RegionSupervisor S. Roy Wilson, Ed.D.
County of RiversideChairman Burke called the meeting to order at 9:35 a.m.
Ms. Soto and Mr. Alarc�n. Elected on November 3, 1998 to positions in the State Assembly and Senate, respectively, expressed their appreciation to District staff and Board members and their pleasure in having worked with them during their terms as Board members.
CONSENT CALENDAR
Agenda Items Nos. 2 and 4 were held for discussion.
ON MOTION OF DR. WILSON, SECONDED BY MR. SILVA AND UNANIMOUSLY CARRIED (Absent: Antonovich), THE BOARD APPROVED AGENDA ITEMS 1, 3, AND 5 THROUGH 17, AS RECOMMENDED BY STAFF.
The following individuals addressed the Board to comment on this item:
*JOHN BILLHEIMER, DANIEL MORAN, and KELLY ROE,
California Auto Body Association
*Submitted Written Comments
1) Expressed belief that a three-month delay in implementation of the Group II multistage topcoat VOC limits in Rule 1151, as proposed by staff, would not be enough time for the affected auto body shops (approximately 4,000) to transition to the new compliant coatings.
2) Raised the following questions regarding the District's survey of the 23 shops currently using Akzo-Nobel's compliant multistage topcoat system: (i) whether or not a survey of only 23 shops, using only one company's product, is truly indicative of a reduction to practice as District staff has asserted; (ii) whether or not the profile of the shops using the Akzo-Nobel paint line are representative of a cross section of the entire industry in terms of training and equipment; and (iii) whether or not reverting back to a medium solids technology will necessitate the use of more paint material.
3) Expressed concern regarding employee exposure to the solvent used in the compliant coatings, PCBTF, because there have been no long-term health studies conducted for PCBTF.
(Mr. Antonovich arrived at 10:05 a.m.)
Dr. Wallerstein responded that by delaying the compliance date for the lower VOC limit, the District is basically providing regulatory relief to the affected facilities. Statutorily, because of the scope of the CEQA document, the District can grant that relief for up to 12 months. Staff proposed a three-month delay for the lower VOC limit because the major coating manufacturers indicated that they could have compliant materials available and be able to conduct the transition training within that period of time, and also because it would not carry over into the peak ozone season. Staff will continue to meet with the affected parties, as well as the coating manufacturers, and at the time of the December hearing, staff will either modify its proposal or provide reasons as to why the three months is appropriate.
Ms. Soto indicated her disagreement with holding the hearing on PAR 1151 in 30 days, because she felt much more time would be needed to get input from all of the shops that will be affected.
Dr. Wallerstein stated that industry is not against holding the public hearing; in fact, they need the hearing to be held. The major coating manufacturers were granted product variances allowing the facilities to use coatings with a higher VOC content than what is allowed by Rule 1151. The product variances will expire December 18, 1998 and, unless the VOC limit is amended as proposed at the December 11 Board meeting, the facilities will be subject to a stricter VOC limit.
Ms. Lee asked that staff formally request that representatives of the major coating suppliers/manufacturers attend the December 11 public hearing and comment on : (i) testing and availability of compliant materials; and (ii) the training programs that they are offering, and how they believe the three months is going to be sufficient for the outreach and the training to occur. She added that the Board could then determine what length of time, up to 12 months, is appropriate to extend the compliance date for the lower VOC limit.
Written Comments Submitted by:
Alhambra Auto Kraft
Carlsbad Village Auto-Body & Paint
Carmer Collision, Inc.
Carriage Collision
D'Arcy Coachworks
Deshler's Collision Repairs
Insurance Auto Collision Center
MIC's Auto Body, Inc.
ZJ's Auto Body & Mechanical
MS. LEE MOVED APPROVAL OF AGENDA ITEM NO. 2, AS RECOMMENDED BY STAFF. THE MOTION WAS DULY SECONDED, AND PASSED BY THE FOLLOWING VOTE:
AYES: Alarc�n, Antonovich, Burke, Glover, Lee, Loveridge, Mikels, Paulitz, Silva, Wilson, and Woodruff. NOES: Soto. ABSENT: None.
With regard to Recommendation #3, Air Quality Pager Alert Service,
Mr. Loveridge and Mr. Mikels expressed their belief that the proposed pilot-testing period
for the pager alert service, January to March 1999, should be extended through July 1999
so that part of the testing occurs during the peak ozone season.
ON MOTION OF MR. MIKELS, SECONDED BY MR. LOVERIDGE, AND UNANIMOUSLY CARRIED, THE BOARD APPROVED AGENDA ITEM NO. 4 AS RECOMMENDED BY STAFF, BUT CHANGED THE TIME PERIOD FOR THE AIR QUALITY PAGER ALERT PILOT-TEST PROGRAM FROM "January to March 1999" TO "January through July 1999."
BOARD CALENDAR
Mr. Paulitz requested clarification by Mr. Antonovich and Mr. Silva regarding their opposition, stated in the Legislative Committee report ( Agenda Item #19), to seeking reauthorization of AQMD's Clean Fuels Program.
Agenda Item No. 19 was withheld for a response by Messrs. Antonovich and Silva to
Mr. Paulitz's question.
Mr. Paulitz also questioned why the attendance for the MSRC meeting was not included in the report for Agenda Item #23. Staff responded that exclusion of the attendance was an oversight, not a new practice.
ON MOTION OF MS. LEE, SECONDED BY MS. GLOVER, AND UNANIMOUSLY CARRIED, THE BOARD RECEIVED AND FILED AGENDA ITEMS 18 and 20 THROUGH 24, AS RECOMMENDED.
ON MOTION OF MS. LEE, SECONDED BY MS. GLOVER AND UNANIMOUSLY CARRIED (Absent: Alarc�n), THE BOARD RECEIVED AND FILED AGENDA ITEM NO. 25 AS RECOMMENDED.
| 25(A) | Adopt Resolution Amending Resolution 98-1 to Clarify Process for Transmitting Advisory Group Recommendations to the Governing Board |
|
PUBLIC HEARINGS
Carol Coy, Assistant DEO/Stationary Source Compliance, gave the staff report. The public hearing was opened, and the Board heard testimony from the following individuals:
RON WILKNISS, Western States Petroleum Association (WSPA)
Expressed appreciation to District staff for working with WSPA to resolve concerns that they had regarding the definitions of chronic violation and recalcitrant violator, as applied to facilities that have hundreds of thousands of components that are subject to District rules.
CURTIS COLEMAN, Attorney on behalf of CMA Southern California Air Quality Alliance
Commended District staff for developing PR 112, which basically codifies the District's NTC program that it has been implementing under general guidance documents. Stated that he looks forward to working with the District on developing the guidelines for the number of NOVs and NTCs that would trigger the recalcitrant violator and chronic violator definitions for complex sources, because that is a real concern.
There being no further testimony, the public hearing was closed.
ON MOTION OF MS. GLOVER, SECONDED BY MR. MIKELS AND UNANIMOUSLY CARRIED (Absent: Loveridge and Wilson), THE BOARD ADOPTED RESOLUTION NO. 98-34, ADOPTING RULE 112 AND CERTIFYING THE EXEMPTION FROM CEQA REQUIREMENTS, AS RECOMMENDED BY STAFF.
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BOARD CALENDAR (Continued)
In response to Mr. Paulitz's earlier question, Mr. Antonovich and Mr. Silva stated that they supported AQMD's Clean Fuels Program, but were opposed to using the vehicle license tax to fund the program. It is their belief that funding for the program should come from the general fund. They felt they made that clear at the Legislative Committee meeting, and believed it should have been reflected in the Committee report.
MR. PAULITZ MOVED TO RECEIVE AND FILE AGENDA ITEM NO. 19 AS RECOMMENDED. THE MOTION WAS DULY SECONDED AND UNANIMOUSLY CARRIED (Absent: Loveridge and Wilson).
-o-
PUBLIC HEARINGS (Continued)
Laki Tisopolus, Planning & Rules Manager, gave the staff report.
Chairman Burke commented on a program in Texas whereby old vehicles are repaired to meet emission standards and then made available to people in the welfare-to-work program who need transportation to and from their jobs. He stated that he has been investigating the possibility of implementing a similar program in Southern California, and suggested continuing the public hearing on PAR 1610 for 30 days to allow him to continue working on this and bring a proposal back to the Board for consideration at its December 11, 1998 meeting.
Ms. Lee suggested, if the Board decides to continue the public hearing on PAR 1610, that the hearing be continued to the January 1999 Board meeting since CARB is scheduled to consider a statewide vehicle scrapping rule in December 1998.
Ms. Soto commented that she was opposed to the proposed amendment requiring destruction of vehicle engines and associated parts because it will hurt low-income people who rely on scrap yards to obtain parts to repair their vehicles so that they can get to work. She indicated that she would vote against PAR 1610 if the Board went forward with the hearing, but she would prefer that the hearing be continued as had been suggested.
Mr. Paulitz commented that he believes the car hobbyists' concerns have been addressed and he is supportive of PAR 1610 at this point. However, he believes the idea brought up by Chairman Burke should be examined further, and therefore, he was amenable to continuing the public hearing as suggested. In addition, there is one other issue remaining and that is the environmental justice concern that the District is giving emission reduction credits from mobile sources to stationary sources.
Dr. Wallerstein responded that a working group is examining the issue of mobile-to-stationary source trading and will be bringing a recommendation to the Board in the near future.
The public hearing was opened, and Chairman Burke stated that a number of individuals had submitted requests to comment on this item. However, since the consensus of the Board was to continue the public hearing on Rule 1610 to the January 8, 1999 Board meeting, public comments were deferred until that time. The following individual requested to make a statement:
WILLIAM MOSTON, Slant 6 Club of America
Expressed opposition to giving emission credits for old vehicle scrapping in lieu of implementing a rideshare plan, because most people do not carpool and, in his opinion, they will not carpool unless there is an incentive.
ON MOTION OF MS. LEE, SECONDED BY MS. GLOVER, AND UNANIMOUSLY CARRIED, THE PUBLIC HEARING ON RULE 1610 WAS CONTINUED BY THE BOARD TO THE JANUARY 8, 1999 BOARD MEETING.
Written Comments Submitted by:
State of California Environmental Protection Agency, Air Resources Board
Jon Owyang, Market-Based Solutions
CLOSED SESSION
The Board recessed to closed session at 10:55 a.m. to confer with its counsel, pursuant to Government Code Sections:
The Board reconvened at 11:30 a.m. to vote in open session on the appointment of the AQMD Executive Officer.
OTHER BUSINESS
ON MOTION OF DR. WILSON, SECONDED BY MS. SOTO AND CARRIED UNANIMOUSLY, THE BOARD APPOINTED BARRY WALLERSTEIN AS THE EXECUTIVE OFFICER OF THE SCAQMD.
CLOSED SESSION (Continued)
The Board returned to closed session at 11:31 a.m., and reconvened at 12:25 p.m. There was no action to report as a result of closed session.
OTHER BUSINESS (Continued)
Jeffrey W. Johnson, Attorney at Law, addressed the Board on behalf of Catalina Furniture Company, and requested that this matter be continued to the December 11, 1998 Board meeting. The petitioner expects to dismiss its petition for a Regulation XII hearing, pending the Hearing Board's consideration of a petition for a Stipulated Order for Abatement, which the petitioner is working on with District staff.
ON MOTION OF DR. WILSON, DULY SECONDED AND UNANIMOUSLY CARRIED (Absent: Alarc�n, Antonovich, Burke, and Soto), THE BOARD CONTINUED AGENDA ITEM NO. 31 TO THE
DECEMBER 11, 1998 BOARD MEETING.
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 Vice Chairman Glover at 12:30 p.m.
The foregoing is a true statement of the proceedings held by the South Coast Air Quality Management District Board on November 13, 1998.
| Respectfully Submitted, | |
| SAUNDRA McDANIEL Senior Deputy Clerk |
Date Minutes Approved: ________________________
____________________________________________
Dr. William Burke, Chairman
ACRONYMS
ARB/CARB = (California) Air Resources Board
CMA = California Manufacturers' Association
CEQA = California Environmental Quality Act
EPA = Environmental Protection Agency
FY = Fiscal Year
MSRC = Mobile Source (Air Pollution Reduction) Review Committee
NOV = Notice of Violation
NTC = Notice to Comply
PAR = Proposed Amended Rule
PCTBF = Parachlorobenzotrifluoride
PM10 = Particulate Matter < 10 microns
PR = Proposed Rule
RFP = Request for Proposals
VOC = Volatile Organic Compound