SUMMARY MINUTES OF THE
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT
NOVEMBER 5, 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
Speaker of the Assembly Appointee

Councilmember Norma J. Glover, Vice Chairman
Cities of Orange County

Supervisor Michael D. Antonovich (arrived at 10:05 a.m.)
County of Los Angeles

Councilmember Hal Bernson
Cities of Los Angeles County - Western Region

Supervisor Cynthia P. Coad
County of Orange

Mayor Bea LaPisto-Kirtley
Cities of Los Angeles County - Eastern Region

Mayor Ronald O. Loveridge
Cities of Riverside County

Supervisor Jon D. Mikels
County of San Bernardino

Mayor Pro Tem Leonard Paulitz
Cities of San Bernardino County

Supervisor S. Roy Wilson, Ed.D.
County of Riverside

Members Absent:

Ms. Mee H. Lee
Senate Rules Committee Appointee

Vacant:

Governor’s Appointee

Chairman Burke called the meeting to order at 9:40 a.m.

• Opening Comments

Chairman Burke. Noted that he believed the brief commentary on the AQMD which aired recently on CBS was outstanding, and commended Dr. Wallerstein and staff on their continuing efforts.

CONSENT CALENDAR

1. Minutes of September 10, 1999 and October 8, 1999 Board Meetings

2. Set Public Hearings December 10, 1999 to Consider Amendments and/or
Adoption to AQMD Rules and Regulations

(A) Rule 1121 - Control of Nitrogen Oxides from Residential-Type, Natural Gas-
Fired Water Heaters

(B) Rule 2506 - Area Source Credits

3. Execute Contract to Co-Sponsor Evaluation of Methanol Fuel Quality
Specifications for Proton Exchange Membrane Fuel Cells

4. Execute Contract to Co-Sponsor Development and Demonstration of Advanced
Safety Inspection Methods for Compressed Natural Gas Storage Tanks

5. Execute Contract to Demonstrate Increased Horsepower Natural Gas Engine in
On-Road Delivery Trucks

6. Execute Contracts for Technical Assistance for Advanced Transportation and
Stationary Source Pollution Control Technologies

7. Amend Contract to Cost-Share Project to Refine Fuel-Cycle Emissions Analyses

8. Execute Contract to Purchase Private Data Network Services to Support the
Emissions Reporting System

9. Execute Contract to Purchase Telecommunication Services

10. Execute Contract for Management Firm to Operate Diamond Bar Headquarters

11. Issue RFP for Management Firm to Operate Diamond Bar Headquarters Childcare
Center

12. Purchase Upper-Air Radar Wind and Temperature Profiler

13. Recognize Revenues from ARB and Amend Contract for PAMS Data Analysis with Sonoma Technology Incorporated

14. Amend Contract for Audit Consultant Services

15. Approve EVCharge Applications within MSRC's FY 1997-99 AB 2766 Discretionary Fund Work Program; Approve Travel Allocation in FY 1999-00 Work Program; and Recognize a Portion of FY 1999-00 Work Program Monies to Technical Advisor's Contract

16. Adopt Resolution Authorizing Acceptance of Credit Card (Discover) Payments for Application Fees Plus Convenience Charge

17. Public Affairs Report

18. Hearing Board Variances and Appeals

19. Civil Filing and Civil Penalties Report

*20. Rule and Control Measure Forecast

21. Lead Agency Projects and Environmental Documents Received by the AQMD

22. Report on Ambient Air Quality Evaluation to Determine Relative Contribution of Internal Combustion Engines Used for Manufacture of Snow or Operation of Ski Lifts to Potential PM 2.5 Violations

23. Status Report on Major Projects for Information Management Scheduled to Start
During Last Six Months of FY 1998-99

24. Remove Various Fixed Assets from AQMD Inventory

*Note: Copies of an errata sheet indicating changes/clarifications to Agenda Item No. 20 were distributed to Board members and made available to the public.

Agenda Items No. 3 and No. 12 were withheld for discussion.

ON MOTION OF MR. LOVERIDGE, SECONDED BY MS. LaPISTO-KIRTLEY, THE BOARD APPROVED AGENDA ITEMS NOS. 1, 2, 4 THROUGH 11, AND 13 THROUGH 24, AS RECOMMENDED BY STAFF, BY THE FOLLOWING VOTE:

AYES: Bernson (except Items 4 & 15), Burke (except Item No. 15), Coad, Glover, LaPisto-Kirtley (except Item No. 1), Mikels, Loveridge, Paulitz and Wilson.

NOES: None.

ABSTAIN: Bernson (on Items 4 & 15), Burke (on Item No. 15 only), and LaPisto-Kirtley (on Item No. 1 only).

ABSENT: Antonovich and Lee.

25. Items Deferred from Consent Calendar

3. Execute Contract to Co-Sponsor Evaluation of Methanol Fuel Quality Specifications for Proton Exchange Membrane Fuel Cells

Ms. Coad inquired as to whether the safety inspection methods proposed for development and demonstration could be used on the OCTA buses that are fueled by natural gas.

Clarifying that the question actually related to Agenda Item No. 4 (Execute Contract to Co-Sponsor Development and Demonstration of Advanced Safety Inspection Methods for Compressed Natural Gas Storage Tanks), Chung Liu, DEO of Science & Technology Advancement, indicated that the inspection methods should benefit not only CNG technologies, but should also be transferable to detect methane from liquefied natural gas.

ON MOTION OF MS. COAD, SECONDED BY MS. GLOVER, THE BOARD APPROVED AGENDA ITEM NO. 3 AS RECOMMENDED BY STAFF, BY THE FOLLOWING VOTE:

AYES: Coad, Bernson, Glover, LaPisto-Kirtley, Mikels, Paulitz, and Wilson.

NOES: None.

ABSTAIN: Burke.

ABSENT: Antonovich, Lee, and Loveridge.

12. Purchase Upper-Air Radar Wind and Temperature Profiler

In response to a question by Ms. Coad, Elaine Chang, Asst. DEO of Planning, Rule Development & Area Sources, indicated that operating funds were available for the proposed system and the funds were being provided by EPA. Staff is considering the Tustin area as a location for the system and expects to finalize a specific site within approximately two months.

ON MOTION OF MS. COAD, DULY SECONDED AND UNANIMOUSLY CARRIED (Absent: Antonovich, Lee, and Loveridge), THE BOARD APPROVED AGENDA ITEM NO. 12 AS RECOMMENDED BY STAFF.

BOARD CALENDAR

26. Administrative Committee

27. Mobile Source Committee

28. Stationary Source Committee

29. Technology Committee

30. Mobile Source Air Pollution Reduction Review Committee

31. Air Resources Board Monthly Report

ON MOTION OF MS. LaPISTO-KIRTLEY, SECONDED BY
MS. COAD, AND UNANIMOUSLY CARRIED (Absent: Antonovich and Lee), THE BOARD RECEIVED AND FILED AGENDA ITEMS 26 THROUGH 31 AS RECOMMENDED.

32. Draft Final Report of Multiple Air Toxics Exposure Study-II Project

Mel Zeldin, Asst. DEO/Science & Technology Advancement, presented the results of the MATES-II Study.

The following individuals addressed the Board to comment on the MATES-II Study:

RAY CORDOVA, for Congresswoman Grace Napolitano

Asked that the District work closely with the transportation industry, particularly the trucking industry, and with medical boards and panels to complement the data the District has produced. Suggested, also, that the general public work closely with all of the elected officials to take a proactive approach to addressing this issue.

Dr. Burke asked that staff contact major medical facilities, such as Loma Linda Hospital, UCLA Medical School, and USC Medical school, and request that they perform an analysis of the District's findings as it relates to the near- and long-term effect of air toxics on the general public.

CARLOS GARCIA, Mayor, City of Pico Rivera
BEATRICE PROO, Councilmember, Pico Rivera & Los Angeles Division, League of Cities

Commented that the City of Pico Rivera is committed to creating a healthy balance between transportation needs and community needs, and will continue to work closely with state and federal agencies to develop long-range air quality solutions. Further, the City will spearhead aggressive public outreach programs to involve residents, businesses, and surrounding cities in the region.

*HENRY GRAY, for Rosario Marin, Mayor of Huntington Park

Read into the record Mayor Marin's statement, which (i) called upon agencies such as MTA, the ARB and EPA to increase their efforts in addressing mobile sources, reduce diesel emissions, and assist communities in assuring that they attain an acceptable level of air quality; (ii) encouraged the District to explore its options to enhance the standards in areas such as bus and truck fleets; and (iii) committed to increasing their efforts locally to improve air quality by ensuring that all existing health and safety regulations applicable to diesel buses and trucks are strictly and fully enforced, exploring new local measures that may be implemented to reduce emissions from diesel buses and trucks, encouraging and supporting new regulatory standards of other agencies which result in reduced diesel emissions from buses and trucks, and conducting more public outreach and education to Huntington Park residents regarding air quality issues.

CURTIS COLEMAN, CMA Southern California Air Quality Alliance

Expressed his belief that the report on the MATES-II study is a good start on the road to identifying the scope, nature and cause in order to be able to move forward and solve the problem, and that he looked forward to working with the District in implementing measures to further reduce air toxics risks. Expressed particular interest in identifying and focusing on potential "hot spots" for air toxics.

BOB FLETCHER, Air Resources Board

Commented that the finding in the draft report that diesel accounts for approximately 70 percent of the total risk on a regional basis is consistent with the results presented by the ARB with their finding on the listing of diesel particulate matter as a toxic air contaminant. The ARB established an advisory committee and five subcommittees to examine every source of diesel emissions and determine what the appropriate controls should be for those sources. They expect to bring a diesel emissions control plan to their board in the fall of 2000. Encouraged the Board to keep in mind as it proceeds with its air toxics reduction plan that stationary source impacts are still significant and, as acknowledged in the draft report, the monitoring data does not necessarily represent localized hot spots.

TIM FRENCH, Engine Manufacturers Association (EMA)

Expressed concern, because of the complex uncertainties in scientific methods and interpretations involved in the measurement, speciation, and apportionment of risks associated with ambient air toxics, that the draft report of the MATES-II study was released to the public without first allowing the technical review group the opportunity to thoroughly review the report and correct any inaccuracies or errors that might be in the study.

Chairman Burke noted that the District had provided grant funds to General Motors to develop cleaner technology for locomotives. The technology has been developed, however, General Motors now refuses to implement its use. The Board, therefore, is attempting to force the issue so that the public can be better served. Upon determining that General Motors Electromotive Division is a member of the EMA, Mr. Paulitz suggested that staff discuss with EMA the issue which Chairman Burke raised regarding General Motor's refusal to implement cleaner locomotive technology.

Dr. Wallerstein highlighted the fact that the District has tackled the risk issue from two different angles. The first involved ambient air monitoring and the issue of apportionment and the use of elemental carbon as a surrogate for diesel particulate, as was brought up by
Mr. French in his comments. However, the District also calculated the risk by a totally separate method, which involved using CARB's emission factors for motor vehicle emissions including air quality modeling diesel particulate, as well as stationary emissions that are under the District's control. Using either method, however, diesel particulate is shown to be the overwhelming risk factor--70 percent with the monitoring, and slightly higher using the modeling. Secondly, Dr. Wallerstein pointed out that emissions from diesel engines represent approximately 30 to 35 percent of this region's NOx problem and are the major contributor to the fine particulate and ozone problems that exist in this air basin. Therefore, in terms of the need to regulate diesel engines to reduce the emissions and to offer incentive programs, staff believes it should be among the District's highest priorities for air toxics purposes, and also for criteria pollutant purposes.

STACE ELLIS, California Trucking Association

Noting that the MATES-II data shows that areas considered to be diesel exhaust "hot spots" such as Long Beach and Fontana had lower average elemental carbon regions than nearly all other sites in the air basin, expressed concern that the trucking industry should not be subject to unfair competition that more fleet rules and regulations will create, especially when those regulations do not seem to be supported by the data.

Mr. Loveridge emphasized that this was not simply a matter of whether or not some aspect of the study could be nudged one way or another, but it concerns the most serious air pollutant in this basin. He suggested that instead of resisting increased regulation of the trucking industry, CTA needs to understand the health impacts of air toxics, particulate matter, and ozone.

LAURENCE LEVINE, Navistar International Transportation Corporation

Commented that as a manufacturer of diesel trucks and engines, Navistar is committed to developing a cleaner diesel engine. Assured the Board that their purpose is not to avoid regulation, but stressed that there are uncertainties and differences of opinion in the scientific community concerning the unit risk factor.

RANDY SOLGANIK, Metal Finishing Association of Southern California

With regard to hexavalent chromium, shown in various microscale sites throughout the basin to be a contributor to the toxics problem, commented that chromium platers have been regulated since 1989 and have reduced their emissions by 95 to 98 percent. Reducing their emissions by another 2 to 5 percent, they believe, will not make a significant difference in the amount of chromium emissions. Also, expressed belief that chrome platers are not the only sources of hexavalent chromium in the basin, and offered to work with District staff to identify the other sources. (Submitted Written Comments)

(Mr. Antonovich arrived at 10:05 a.m., during public comments)

MS. GLOVER MOVED TO RECEIVE AND FILE AGENDA ITEM
NO. 32 AS RECOMMENDED BY STAFF. THE MOTION WAS SECONDED BY MR. PAULITZ AND CARRIED UNANIMOUSLY (Absent: Lee).

Mr. Antonovich noted that Supervisor Yvonne Burke and he have authored a policy statement, which he expects will be approved by the Los Angeles County Board of Supervisors without opposition at its November 9, 1999 meeting, for the County of Los Angeles to work with the District in developing methods to reduce diesel emissions in vehicle fleets with more than 15 vehicles and with the primary emphasis on the public sector fleets.

PUBLIC COMMENT PERIOD - (Public Comment on Non-Agenda Items, Pursuant to Government Code Section 54954.3)

Jeff Taylor addressed the Board regarding his wife, Pilar Taylor, who had recently been terminated by the AQMD. He expressed his belief that Mrs. Taylor was treated unfairly and that there was no justification for her termination, and he asked that the Board conduct an in-depth investigation on the District's termination procedures.

Dr. Wallerstein indicated that he would send Board members a memo describing the details of this matter.

John Billheimer, Small Business Coalition, addressed the Board regarding three items. 1) Agenda Item No. 16, Adopt Resolution Authorizing Acceptance of Credit Card (Discover) Payments for Application Fees Plus Convenience Charge: expressed support for the Board's action to allow payment by credit card for permit application fees, and suggested that the District consider the possibility of allowing credit card usage for payment of emission inventory fees, also. Staff indicated agreement to consider that suggestion in the future. 2) Agenda Item No. 22, Report on Ambient Air Quality Evaluation to Determine Relative Contribution of Internal Combustion Engines Used for Manufacture of Snow or Operation of Ski Lifts to Potential
PM 2.5 Violations: complimented staff on the thoroughness of its analysis, and submitted written comments which provided background information on the boundary disputes involving Big Bear. 3) On a non-agenda item, suggested that a tally of New Source Review balances be issued to facilities as soon as possible and periodically approximately every three years thereafter. (Submitted Written Comments)

Raymond Whitmer, Teamsters Local 911, representing AQMD employees in the Office, Clerical, and Maintenance and Technical and Enforcement bargaining units, commented that since he last addressed the Board at its October 8, 1999 meeting regarding contract negotiations between Teamster representatives and District management, there have been three extensive mediation sessions and progress has been made. They have narrowed the differences down to a small gap, and he requested the Board's assistance to help close that gap so that an agreement could be reached that would bring about a settlement which would be acceptable to the Board, to District management, and to Teamsters' membership.

The following District employees, members of Teamsters Local 911, commented on the negotiations and encouraged the Board's support and its input to help resolve the differences: Maria Cruz, Principal Office Assistant; Zacharie Muepo, Air Quality Inspector II; Patricia Oleson, Senior Office Assistant; Norma Martinez, Principal Office Assistant; Kevin McDaniel, Mail/Subscription Services Clerk; and Jeanette Short, Senior Office Assistant. During her comments, Ms. Cruz pointed out ongoing problems with the District's billing system, and Chairman Burke and Mr. Bernson asked staff for a follow-up report on that issue.

CLOSED SESSION

The Board recessed to closed session at 11:30 a.m., pursuant to Government Code Sections:

• 54956.9(a), to confer with its counsel regarding pending litigation which has been initiated formally and to which the District is a party--the titles of the litigation are: Coalition for Clean Air, et al. v. SCAQMD, et al., USDC Case No. 97-6916 HLH (SHx); SCAQMD v. EPA, et al., USDC No. SACV98-948 LHM (ANx); and Mikes v. SCAQMD, LASC No. BC210134;

• 54957.6(a) to meet with designated representatives regarding salaries and benefits of represented and unrepresented employees, or regarding mandatory subjects within the scope of representation of its represented employees (Negotiator: Eudora Tharp; Organizations: SCAQMD Professional Employees Association and Teamsters Local 911); and

• 54956.9(c) to confer with its counsel to decide, based on existing facts and circumstances, whether to initiate litigation [one case].

ADJOURNMENT

There being no actions taken in closed session to report, the meeting was adjourned following closed session.

The foregoing is a true statement of the proceedings held by the South Coast Air Quality Management District Board on November 5, 1999.

Respectfully Submitted,