SUMMARY MINUTES OF THE
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT
FRIDAY, MARCH 12, 1999
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 (left at 11:20 a.m.)
Speaker of the Assembly AppointeeCouncilmember Norma J. Glover, Vice Chairman
Cities of Orange CountySupervisor Michael D. Antonovich (arrived during closed session)
County of Los AngelesCouncilmember Hal Bernson
Cities of Los Angeles County - Western RegionSupervisor Cynthia P. Coad
County of OrangeMayor Pro Tem Bea LaPisto-Kirtley
Cities of Los Angeles County - Eastern RegionMs. Mee H. Lee
Senate Rules Committee AppointeeMayor Ronald O. Loveridge (left at 11:00 a.m.)
Cities of Riverside CountySupervisor Jon D. Mikels
County of San BernardinoMayor Pro Tem Leonard Paulitz
Cities of San Bernardino CountySupervisor S. Roy Wilson, Ed.D.
County of Riverside
Vacant:
Governor’s Appointee
Chairman Burke called the meeting to order at 9:38 a.m.
Chairman Burke. (1) Announced that Board Members Mee Lee and Hal Bernson had agreed to co-chair a committee to develop a code of conduct for the Governing Board, and that he will also appoint one public member to the committee.
Dr. Wilson: With respect to the numerous letters he had received from the public regarding Rule 1113 (Agenda Item No. 5), commented that instead of receiving volumes of letters from the same postage meter, he would rather hear quality arguments when the public hearing is held.
Barry R. Wallerstein, D.Env., Executive Officer. 1) Requested that Item No. 13 on the consent calendar, which pertains to an interactive fuel cell museum exhibit, be delayed until the April 9, 1999 Board meeting to allow staff to meet with museum curators from throughout the region. 2) Recommended that Item No. 46, Public Hearing to Amend Rule 1142 - Marine Vessel Tank Operations, be taken off calendar. Staff recently received comments from U.S. EPA regarding SIP approvability issues which have not been resolved. Therefore, staff recommended the matter be taken off calendar until agreement can be reached with U.S. EPA on these issues.
Dr. Burke stated that Agenda Item No. 50, Closed Session, would be taken out of order, following approval of the consent calendar items.
CONSENT CALENDAR
Agenda Items Nos. 2, 5, 14 and 20 were withheld for discussion. Because of potential conflicts of interest, Dr. Burke abstained on Agenda Item No. 17 and Mr. Bernson abstained on Agenda Item No. 18.
ON MOTION OF MS. LEE, SECONDED BY DR. WILSON, THE BOARD: (1) APPROVED AGENDA ITEMS 1, 3, 4, 6 THROUGH 12, 15 THROUGH 19, AND 21 THROUGH 32, AS RECOMMENDED BY STAFF; (2) ADOPTED RESOLUTION NO. 99-5, AMENDING THE CLAIMS PROCEDURES IN THE AQMD ADMINISTRATIVE CODE; AND (3) CONTINUED AGENDA ITEM NO. 13 TO THE APRIL 9, 1999 BOARD MEETING, BY THE FOLLOWING VOTE:
AYES: Bernson, Burke, Coad, Glover, LaPisto-Kirtley, Lee, Loveridge, Mikels, Paulitz, and Wilson.
NOES: None.
ABSTAIN: Bernson (on Item #18 only) and Burke (on Item #17 only).
ABSENT: Antonovich.
CLOSED SESSION
The Board recessed to closed session at 9:45 a.m. to confer with its counsel, pursuant to Government Code Section 54956.9(a ), regarding pending litigation which has been initiated formally and to which the District is a party. The actions are Coalition for Clean Air, et al. v. SCAQMD, et al., United States District Court Case No. 97-6916 HLH (SHx); SCAQMD v. EPA, et al., United States District Court Case No. SACV-98-948 LHM (Anx); and Darla Blomker v. SCAQMD, WCAB Case No. MON 0153902.
(Mr. Antonovich arrived during closed session)
The Board reconvened at 10:42 a.m.
2. Set Public Hearing April 9, 1999 to Amend Rule 1158 - Storage, Handling,
and Transport of Coke, Coal and SulfurThe following individuals addressed the Board to comment on Item No. 2:
BILL ZOBEL, ARCO
Requested that the public hearing date be delayed 60 days in order to provide industry time to evaluate the calculations and costs used to develop PAR 1158. ARCO has developed an alternative to the amendments to Rule 1158 proposed by staff, which, when tested, it believes will produce similar, if not equivalent, results to staff's proposal, but at a fraction of the cost. In order to demonstrate equivalency, ARCO requested the data used by staff in developing the proposed amendments. ARCO received the packet of information on March 11, 1999 and, therefore, is requesting additional time to review the information.
Ms. Lee commented that she saw no foundation for postponing the hearing 60 days, in light of the fact that ARCO has been operating in the port for approximately 15 years and she finds it difficult to believe that in those 15 years ARCO had not been familiar with, nor up to speed on, the analyses of particulate emissions that were being conducted and all of the reports that have been issued.
In response to questions by Mr. Bernson, Carol Coy, DEO/Engineering & Compliance, stated that in terms of petroleum coke emissions, the only difference between staff's proposal and that of industry is that industry is requesting 25 percent open storage whereas staff's proposal would not allow any open storage of petroleum coke. When asked by staff, industry was unable to provide staff with any calculations to support its assertion that equivalent emissions reduction would be achieved with their alternative proposal.
Indicating his willingness to allow industry additional time to review and comment on information provided by staff regarding PAR 1158,
MR. BERNSON MOVED TO SET THE PUBLIC HEARING TO AMEND RULE 1158 FOR JUNE 11, 1999. THE MOTION DIED FOR LACK OF A SECOND.
MR. PAULITZ MOVED TO SET THE PUBLIC HEARING TO AMEND RULE 1158 FOR MAY 14, 1999. THE MOTION WAS SECONDED BY MS. LaPISTO-KIRTLEY.
Ms. LaPisto-Kirtley suggested that the public hearing be held in the area of the affected parties. She had asked staff to perform emissions monitoring at two elementary schools in the area, and she wanted to make sure that the results of that monitoring would be available at the public hearing.
Mr. Paulitz noted that at a hearing held previously by the Board in the San Pedro area, the full Board did not attend and during the hearing there was, at times, barely a quorum present.
Chairman Burke stated that there was further public testimony, after which motions by the Board could be taken up.
STEVEN BROILES, Attorney, representing AIMCOR and Metropolitan Stevedore
Expressed his support for delaying the public hearing for two reasons. First, there is confusion over some of the data. The staff report lists a total of 13.6 million tons per year of petroleum coke being produced by the refineries and being shipped out of the basin annually. They have data from both The Port of Long Beach and The Port of Los Angeles and from the producers which indicates that the total annual production of petroleum coke in this basin is 5.8 million tons. If the amount of petroleum coke produced is overstated, then there would, of course, be an overstatement of emissions. This is something that needs to be straightened out.
The other issue is developing a performance standard for street sweeping. The District will have a test performed during the week of March 15, 1999 to determine whether or not the silt loading standard in PAR 1158 is workable. The problem is, once a standard is developed, it should be peer reviewed and that will require additional time.
TODD CAMPBELL, Coalition for Clean Air
Urged the Board to set the public hearing for April 9, 1999 as recommended by staff. Commented that the Coalition and other environmental groups are concerned about the high level of particulates in the harbor area because there are many citizens in the area who are sensitive to particulate pollution. Also, it has been a number of years and 30 or 60 more days would not help industry understand the data that has been well substantiated by staff.
JOSEPH HOWER, Environ Corporation and Port of Long Beach
Joined in the request by industry to delay the public hearing for at least 30 days, preferably 60 days, because of his belief that District staff's cost effectiveness value of $30,000 a ton for enclosing a petroleum coke pile is vastly understated. They believe it is at least 10 times that amount, and possibly significantly more. As a result, they need more time to look at the District's data. The Port's primary interest is that the money that is spent, either by the Port or its tenants or anyone else, gets a reasonable benefit. There are control measures in PAR 1158 that they do not believe pass that test. In addition, a study of enclosing Reeves Field, which is one of the largest unenclosed areas, is underway and should be completed soon, and they feel that will provide additional insight into the overall cost and the benefits of the proposed amended rule.
CURTIS COLEMAN, Attorney, representing California Portland Cement Company
Commented that CPCC maintains an open coal storage pile located in the city of Colton that is approximately one percent of the size of the other open coal storage piles, and therefore finds itself embroiled in a rule which, in their view, should not apply to it. However, they will continue to meet with District staff to work out what should be required of CPCC under this rule. Expressed their belief that there were erroneous emission factors used in the calculations and that some numbers are overstated. Therefore, they support a delay in the hearing date so that they can continue to work this out with District staff.
RON WILKNISS, Western States Petroleum Association
Commented that WSPA member companies produce most of the petroleum coke that has been the subject of this discussion. They are requesting a 60-day continuance of the "set hearing", but more importantly he would request an extension of the March 23, 1999 deadline for comment on the environmental assessment.
Dr. Wallerstein responded that if the Board decided to grant additional time until the hearing, there would not be a problem with extending the CEQA comment period 14 days.
Ms. Coy clarified that the material that industry received on March 11, 1999 was not the environmental assessment material. The public received the environmental assessment with all protocols and procedures and emissions estimates and calculations on February 5, 1999. Industry recently requested staff's actual spreadsheets in which staff ran all those numbers facility by facility, emission point by emission point, and that was delivered on March 11, in the twenty-seventh industry/staff meeting on this rule.
(Mr. Loveridge left at 11:00 a.m., during public comment)
Written Comments Submitted by:
Geraldine Knatz, Ph.D., Planning Director, The Port of Long Beach
Ms. Glover commented that most of the Board members had seen the coke/coal storage facilities and driven through the surrounding neighborhoods, and most were present at the hearing in San Pedro regarding the LAXT facility. Expressing her belief that this is a quality of life issue,
MS. GLOVER MADE A SUBSTITUTE MOTION TO SET THE PUBLIC HEARING ON PROPOSED AMENDED RULE 1158 FOR APRIL 9, 1999, AS RECOMMENDED BY STAFF. THE MOTION WAS SECONDED BY MS. LEE, AND PASSED BY THE FOLLOWING VOTE:
AYES: Antonovich, Burke, Coad, Glover, LaPisto-Kirtley, Lee, Mikels, and Wilson.
NOES: Bernson.
ABSTAIN: Paulitz.
ABSENT: Loveridge.
(Dr. Burke left at 11:20 a.m.)
In Chairman Burke's absence, Vice Chairman Glover presided over the meeting.
The following individuals addressed the Board to comment on Item No. 5:
JOHN BILLHEIMER, Small Business Coalition
Expressed support of the staff recommendation; however, expressed concern that the assertions of availability of new low-VOC materials in advocating adoption of PAR 1113 could potentially conflict or undermine the District's arguments relating to availability of new technology and the 1994 AQMP versus the 1997 AQMP. (Submitted Written Comments)
RAY ROBINSON, EL RAP
Expressed his belief that May 14, 1999 would be too soon to hold a hearing on PAR 1113, because: 1) the state's survey of the total amount of coatings has only recently been released, and the results of the National Technical Systems (NTS) study has not been released to the public; and 2) the CEQA document, which has a 30-day comment period, has not been issued and the socioeconomic document has not been prepared. Therefore, requested that the public hearing on PAR 1113 be held sometime after May 1999.
In response to Mr. Paulitz, Jack Broadbent, DEO/Planning, Rule Development & Area Sources, stated that staff will review the results of the NTS study with the Stationary Source Committee at its March 19, 1999 meeting.
Numerous letters were received from paint contractors, paint suppliers/manufacturers, and concerned citizens and included in the record.
ON MOTION OF DR. WILSON, SECONDED BY MR. PAULITZ AND UNANIMOUSLY CARRIED (Absent: Burke and Loveridge), THE BOARD SET A PUBLIC HEARING FOR MAY 14, 1999 TO AMEND RULE 1113, AS RECOMMENDED BY STAFF.
In response to Mr. Paulitz, Dr. Wallerstein clarified that placing AB 2766 funds under the match funding proposed by the AQMD for Carl Moyer funds would in no way affect the MSRC's discretion, operating plans, or decisions. It simply allows the District to take credit after the fact for what the MSRC has decided.
ON MOTION OF MR. PAULITZ, DULY SECONDED AND UNANIMOUSLY CARRIED (Absent: Burke and Loveridge), THE BOARD APPROVED SUBMISSION OF A PROPOSAL TO THE ARB FOR UP TO $12,000,000 OF CARL MOYER PROGRAM FUNDS AND ESTABLISHED A SPECIAL REVENUE FUND FOR THE CARL MOYER FUNDS, AS RECOMMENDED BY STAFF.
In response to Mr. Mikels, District Counsel Barbara Baird clarified that the Board has already granted authority to staff for settlement of claims under $50,000. The Tort Claims Act requires that such delegation be accomplished by resolution, which staff has proposed for adoption by the Board. The proposed resolution also states the District's intent, as allowed by law, to make claims that are exempted from the Tort Claims Act subject to the Act's shortened statute of limitations.
ON MOTION OF MR. MIKELS, DULY SECONDED AND UNANIMOUSLY CARRIED (Absent: Burke and Loveridge), THE BOARD ADOPTED RESOLUTION NO. 99-6, AMENDING THE CLAIMS PROCEDURES IN THE AQMD ADMINISTRATIVE CODE, AS RECOMMENDED BY STAFF.
BOARD CALENDAR
ON MOTION OF MS. LEE, SECONDED BY MR. PAULITZ, AND UNANIMOUSLY CARRIED (Absent: Burke and Loveridge), THE BOARD RECEIVED AND FILED AGENDA ITEMS 34 THROUGH 41, AND ADOPTED THE FOLLOWING POSITIONS ON LEGISLATION, AS RECOMMENDED:
SB 25 (Escutia) -- Children's Health SUPPORT
SB 89 (Escutia) -- Environmental Quality SUPPORT
(A) Adopt Permit Streamlining Recommendations Presented by Permit Streamlining Task Force
(B) Receive and File Permit Streamlining Study Report
(C) Approve Preliminary Workplan to Implement Permit Streamlining Task Force's Recommendations
Mohsen Nazemi, Permitting Ombudsman, reported on the District's permit streamlining efforts and presented the recommendations of the Permit Streamlining Task Force and the workplan developed by staff to implement those recommendations.
The following individuals who served on the Permit Streamlining Task Force addressed the Board:
GREG ADAMS, Los Angeles County Sanitation Districts
Suggested that the District focus particularly on: (i) perhaps re-engineering the computer systems used in permit processing; (ii) tracking the time and cost for Title V permitting and continuing to devote considerable effort to streamlining it; (iii) investigating and piloting "permit by rule" scenarios in consideration of more efficient ways to bring area sources under control; (iv) limiting District permitting to consequential sources, and not requiring Rule 1401 analyses for Rule 219-exempt equipment and natural gas-fired equipment; and (v) not giving with one hand and taking away with the other. During the time that the task force was striving to reduce the 6,500 permit backlog, there was debate over CEQA and having a two-page form that 11,000 applications each year have to complete. Also, suggested that the District should, on a regular basis, review the task force's recommendations and determine if any changes or deletions need to be made.
MR. F.E. CARLETON, Carleton Engineers & Consultants
Emphasized two of the task force's recommendations: 1) Recommendation A-6, enhancement of the Certified Permit Professional program, which he believes is one of the more important recommendations in the package; and 2) Recommendation C-1, mechanism to simplify the issuance of Group B and Group C Title V permits and, if proven effective, extension of that mechanism to renewals of existing facility permits (Group A Title V and RECLAIM permits), which he believes will have a profound impact on permitting in the basin.
JUDY YORKE, Yorke Engineering
Requested that the District follow through as much as possible on implementing the recommendations, which she believes will result in a more sensible permitting process for the staff, achieve cost savings for this district, and achieve better responsiveness to the business community and ultimately a reduction in pollutants in our environment.
Vice Chairman Glover commented that quarterly oversight meetings will be held regarding implementation of the task force's recommendations. She added that she and Mr. Loveridge both felt honored to work with the other members of the task force, and that they will both be heading up a new task force on recordkeeping.
ON MOTION OF DR. WILSON, SECONDED BY MR. PAULITZ AND UNANIMOUSLY CARRIED (Absent: Burke and Loveridge), THE BOARD:
1) ADOPTED THE PERMIT STREAMLINING RECOMMENDATIONS PRESENTED BY THE PERMIT STREAMLINING TASK FORCE;
2) RECEIVED AND FILED THE PERMIT STREAMLINING STUDY REPORT; AND
3) APPROVED THE PRELIMINARY WORKPLAN TO IMPLEMENT THE PERMIT STREAMLINING TASK FORCE'S RECOMMENDATIONS, AS RECOMMENDED.
In the interest of time, staff waived an oral presentation on this item.
ON MOTION OF MS. LaPISTO-KIRTLEY, SECONDED BY MS. LEE AND UNANIMOUSLY CARRIED (Absent: Burke and Loveridge), THE BOARD APPROVED POLICY CHANGES AND INITIATED DEVELOPMENT OF AMENDMENTS TO RULE 209 FOR FUTURE BOARD CONSIDERATION, AS RECOMMENDED BY STAFF.
Mel Zeldin, Assistant DEO/Science & Technology Advancement, gave a slide presentation summarizing the work completed to date as part of the air toxics monitoring program initiated pursuant to Initiative No. 2 of the ten Environmental Justice Initiatives adopted by the Board in October 1997. The item was received and filed by the Board.
PUBLIC HEARINGS
Vice Chairman Glover stated that this item was continued from the February 12, 1999 Board meeting, for Board comment, questions, deliberation and action only.
Ms. Coad expressed concern about the countless manufacturing jobs in Los Angeles and Orange Counties that would be placed at risk if soluble nickel was not separated from the other nickel compounds and treated independently. She believed a fair compromise would be that, in the future, if soluble nickel is ever proven to be a carcinogenic material it could be placed immediately into Rule 1401.
Numerous letters were submitted by metal finishing operations requesting that soluble nickel not be listed as a carcinogenic in Rule 1401.
MR. MIKELS MOVED TO ADOPT RESOLUTION NO. 99-7, AMENDING RULE 1401 AND CERTIFYING THE ADDENDUM TO THE JUNE 1998 FINAL SUPPLEMENTAL ENVIRONMENTAL ASSESSMENT, AS RECOMMENDED BY STAFF. THE MOTION WAS SECONDED BY DR. WILSON, AND PASSED BY THE FOLLOWING VOTE:
AYES: Bernson, Glover, Lee, LaPisto-Kirtley, Mikels, Paulitz, and Wilson.
NOES: Coad.
ABSENT: Antonovich, Burke, and Loveridge.
Carol Coy, DEO of Engineering & Compliance, gave the staff report. The public hearing was opened. There being no requests to address the Board on this item, the public hearing was closed.
ON MOTION OF MR. PAULITZ, SECONDED BY MS. LEE, AND UNANIMOUSLY CARRIED (Absent: Antonovich, Burke, and Loveridge), THE BOARD APPROVED THE ANNUAL RECLAIM AUDIT REPORT FOR THE 1997 COMPLIANCE YEAR, AS RECOMMENDED BY STAFF.
In the interest of time, staff waived an oral presentation on this item. The public hearing was opened, and the Board heard testimony from the following individual:
JOHN BILLHEIMER, Small Business Coalition
1) Commented that through discussions with staff since the February 12, 1999 Board meeting when the public hearing on this item was set, the decision has been made to set aside for further investigation the issue of health food and nutritional supplement manufacturing operations that do not involve condensing or distilling of materials. 2) Noted that there are approximately 2,500 permits outstanding for blending and mixing tanks with less than one pound per day of emissions. Suggested that in considering the fee aspect, the District may want to evaluate the utilization of permits for operations with trivial amounts of emissions.
There being no further testimony, the public hearing was closed.
ON MOTION OF MR. MIKELS, SECONDED BY MR. BERNSON AND UNANIMOUSLY CARRIED (Absent: Antonovich, Burke, and Loveridge), THE BOARD ADOPTED RESOLUTION NO. 99-8, AMENDING RULE 1103 AND CERTIFYING THE NOTICE OF EXEMPTION, AS RECOMMENDED BY STAFF.
In the interest of time, staff waived an oral presentation on this item. The public hearing was opened. There being no requests to address the Board on this item, the public hearing was closed.
Mr. Mikels commented that the actions taken by staff have significantly advanced the number of health risk assessments that the District is able to move through the system, and the fact that no one from the public was present to comment on this item shows that has balanced support in the region.
ON MOTION OF MR. PAULITZ, SECONDED BY MS. LaPISTO-KIRTLEY AND UNANIMOUSLY CARRIED (Absent: Antonovich, Burke, and Loveridge), THE BOARD RECEIVED AND FILED AGENDA ITEM NO. 49 AS RECOMMENDED BY STAFF.
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.
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General Counsel Peter Greenwald announced that a written report regarding action taken by the Board in closed session on Darla Blomker v. SCAQMD, WCAB Case No. MON 0153902, would be available after the meeting in the Clerk of the Board's office.
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ADJOURNMENT
The meeting was adjourned by Vice Chairman Glover at 12:22 p.m.
The foregoing is a true statement of the proceedings held by the South Coast Air Quality Management District Board on March 12, 1999.
| Respectfully Submitted, | |
| SAUNDRA McDANIEL Senior Deputy Clerk |
Date Minutes Approved: ________________________
____________________________________________
Dr. William Burke, Chairman
ACRONYMS
AB = Assembly Bill
ARB/CARB = (California) Air Resources Board
CEQA = California Environmental Quality Act
CNG = Compressed Natural Gas
DEO = Deputy Executive Officer
EPA = Environmental Protection Agency
FY = Fiscal Year
LNG = Liquefied Natural Gas
MSRC = Mobile Source (Air Pollution Reduction)
Review Committee
NOx = Oxides of Nitrogen
NSR = New Source Review
PAR = Proposed Amended Rule
RFP = Request for Proposals
SB = Senate Bill
SOx = Oxides of Sulfur
VOC = Volatile Organic Compound