SUMMARY MINUTES OF THE
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT
FRIDAY, February 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
Speaker of the Assembly Appointee
Councilmember Norma J. Glover, Vice Chairman
Cities of Orange County
Supervisor Michael D. Antonovich (arrived at 10:15 a.m.)
County of Los Angeles
Councilmember Hal Bernson
Cities of Los Angeles County - Western Region
Mayor Pro Tem Bea LaPisto-Kirtley
Cities of Los Angeles County - Eastern Region
Mayor Ronald O. Loveridge (arrived at 9:50 a.m.)
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:
Supervisor Cynthia P. Coad
County of Orange
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. (1) Presented an award to Ms. Vinita Mathur in recognition of her 13
years of service to the District and wished her well in her new endeavor. (2) Expressing
his desire to build on the success of the Permit Streamlining Task Force, which will
present its final report and recommendations at the March 12, 1999 Board meeting,
established a companion effort, the Recordkeeping Task Force. The goal of the task force
will be to bring to the Board concrete recommendations on ways to lighten the
recordkeeping burden on permit holders, while continuing to proactively protect the public
health. He, again, called upon Vice Chairman Glover and Board member Loveridge to lead
this new task force.
CONSENT CALENDAR
Minutes of January 8, 1999 Board Meeting
Set Public Hearing March 12, 1999 to Amend Rule 1103 - Pharmaceuticals and
Cosmetics Manufacturing Operations
Set Public Hearing March 12, 1999 to Amend Rule 1142 - Marine Tank Vessel
Operations
Execute Contract to Provide Outreach Assistance to Basin Cities Regarding
Low-Emission, Clean Fuel Vehicle Technologies
Execute Contract for Demonstration of Electric Vehicle Rental Program
Amend Litigation Services Contract with Shute, Mihaly & Weinberger to Increase
Contract Amount by $150,000 and Authorize Appropriation of $90,000 from the
Undesignated Fund Balance
Amend Contracts with Metamor Information Technology Services and Majesco
Software, Inc. to Provide Short- and Long-Term Systems Development and
Maintenance Support
Issue RFQ to Acquire Telemetry Computer and Data Loggers
Issue RFQ to Purchase Compressed Pure Gasses and Cryogenic Liquids
Issue Request for Qualifications to Prequalify Providers of Blended Mixed Gases
for Laboratory Use
Authorize Executive Officer to Contract with Joseph V. Contaoi for Human Resources
Related Services and Approve Findings Supporting the Contract
Approve Application Package and Eligible Funding Categories for EVCharge Program
as Part of FY 1997-99 AB 2766 Discretionary Fund Work Program; Authorize
Execution of Agreements by Contracts Manager; and Authorize MSRC the Ability to
Adjust Up to 10%
Reclassify Two Air Quality Inspector Positions to Air Quality Specialist
Three-Year Budget Forecast
Public Affairs Report
Hearing Board Variances and Appeals
Civil Filing and Civil Penalties Report
Rule and Control Measure Forecast
Status Report on Major Projects for Information Management Scheduled to Start
During Last Six Months of FY 1998-99
Status Report on Efficiency of Aqueous Solvents on Hard to Clean Heavy-Duty
Truck Parts Subject to Rule 1171
Lead Agency Projects and Environmental Documents Received by the AQMD
(Mr. Loveridge arrived at 9:50 a.m.)
Agenda Items No. 2 and No. 20 were withheld for discussion.
ON MOTION OF DR. WILSON, SECONDED BY MS. LaPISTO-KIRTLEY AND UNANIMOUSLY CARRIED
(Absent: Antonovich*, Coad, and Lee), THE BOARD APPROVED AGENDA ITEMS 1, 3 THROUGH 19 AND
21, AS RECOMMENDED BY STAFF.
*Note: Subsequent to his arrival at the meeting, Mr. Antonovich requested
that the record reflect a "yes" vote from him on the consent calendar items.
Items Deferred from Consent Calendar
2. Set Public Hearing March 12, 1999 to Amend Rule 1103 - Pharmaceuticals and
Cosmetics Manufacturing Operations
The following individual addressed the Board to comment on Item No. 2:
JOHN BILLHEIMER, Small Business Coalition
Expressed support for PAR 1103, and commended District staff for introducing into Rule
1103 the concept of neutraceuticals, which are essentially natural substances that are not
boiled, chemically reacted, distilled, condensed, or subjected to other processes used in
pharmaceutical and cosmetic manufacturing. Through further discussions between industry
and District staff, it might be found that neutraceuticals should be defined in Rule 1103
for purposes of exempting it from that rule.
(Submitted Written Comments.)
Chairman Burke administered the oath of office to Mayor Ronald O. Loveridge, who was
reappointed by the Cities Selection Committee as the Cities of Riverside County's
representative on the Governing Board, for a term ending February 15, 2003.
ON A MOTION DULY MADE AND SECONDED AND UNANIMOUSLY CARRIED (Absent: Antonovich*, Coad,
and Lee), THE BOARD SET A PUBLIC HEARING MARCH 12, 1998 TO AMEND RULE 1103, AS RECOMMENDED
BY STAFF.
*Note: Subsequent to his arrival at the meeting, Mr. Antonovich requested
that the record reflect a "yes" vote from him on the consent calendar items.
Status Report on Efficiency of Aqueous Solvents on Hard to Clean
Heavy-Duty Truck Parts Subject to Rule 1171
In response to questions by Ms. LaPisto-Kirtley, Chung Liu, Assistant DEO of Technology
Advancement, clarified that the District's goal is to bring the facilities that have not
yet converted their cleaning units to aqueous solvents into compliance within six months.
A Compliance Advisory will first be sent to all facilities subject to Rule 1171. This
courtesy will be afforded to facilities for the initial six-month period. When the
District inspector visits a site and sees that the company has not converted to the
aqueous solvents, the inspector will issue the facility a Notice to Comply. If the
facility has still not converted its operations in compliance with Rule 1171 after
subsequent visits, a Notice of Violation would then be issued. Also, the District's small
business loan assistance program will be made available to these businesses should they
need it.
ON MOTION OF MS. LaPISTO-KIRTLEY, DULY SECONDED AND UNANIMOUSLY CARRIED (Absent:
*Antonovich, Coad, and Lee), THE BOARD RECEIVED AND FILED THE STATUS REPORT FOR AGENDA
ITEM NO. 20, AS RECOMMENDED BY STAFF.
*Note: Subsequent to his arrival at the meeting, Mr. Antonovich requested
that the record reflect a "yes" vote from him on the consent calendar items.
BOARD CALENDAR
Administrative Committee
Legislative Committee
Mobile Source Committee
Stationary Source Committee
Technology Committee
Mobile Source Air Pollution Reduction Review Committee
Air Resources Board Monthly Meeting
Agenda Item No. 24 was withheld for discussion.
ON MOTION OF MS. GLOVER, SECONDED BY DR. WILSON, AND UNANIMOUSLY CARRIED (Absent:
Antonovich, Coad, and Lee), THE BOARD RECEIVED AND FILED AGENDA ITEMS 23 AND 25 THROUGH
29, AS RECOMMENDED.
Legislative Committee
Mr. Bernson expressed his disagreement with the Legislative Committee's recommended
position on AB 44 (McClintock), which would abolish all existing HOV lanes as of January
1, 2000. The Committee's recommendation of "oppose unless amended" included
direction to District staff to pursue with the author of the bill the option of opening
HOV lanes as mixed-flow lanes during non-peak hours and weekends. Mr. Bernson commented
that peak hours for Southland freeways, particularly in Los Angeles County, are now
virtually 24 hours a day, and he did not believe the non-peak hours/weekends option was a
viable alternative.
In response to Ms. LaPisto-Kirtley's comment that the recommendation is still a position
of opposition to eliminating HOV lanes, Mr. Bernson expressed his belief that the District
needs to be firm on this issue and oppose the bill completely.
MR. BERNSON MOVED TO RECEIVE AND FILE THE LEGISLATIVE COMMITTEE REPORT AND ADOPT THE
FOLLOWING POSITIONS ON LEGISLATION:
AB 44 (McClintock) -- Preferential Use Lanes
OPPOSE
SB 17 (Figueroa) -- Transit Passes
SUPPORT
THE MOTION WAS SECONDED BY MR. LOVERIDGE AND PASSED BY THE FOLLOWING VOTE:
AYES:
Bernson, Burke, Glover, LaPisto-Kirtley, Loveridge, Paulitz, and Wilson.
Elaine Chang, Planning Director, reported that the proposed amendment will provide
regulatory relief to members of the pleasure craft coating industry which have been
operating under product or group variances for the last two years, and still encourage the
continued development of low-VOC coating materials.
The public hearing was opened and, there being no requests from the public to comment on
the item, the public hearing was closed.
ON MOTION OF DR. WILSON, SECONDED BY MS. LaPISTO-KIRTLEY AND UNANIMOUSLY CARRIED
(Absent: Antonovich, Coad, and Lee), THE BOARD ADOPTED RESOLUTION NO. 99-3, AMENDING RULE
1106.1 AND CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL ASSESSMENT, AS RECOMMENDED BY
STAFF.
Dr. Burke recused himself from participating in Agenda Item No. 30 because of a
potential conflict of interest; Vice Chairman Glover presided over the public hearing.
Amend Rule 1401 - New Source Review of Toxic Air Contaminants
Jack Broadbent, Assistant DEO/Stationary Source, gave the staff report and noted that an
errata sheet, Clarification for Agenda Item #30, had been prepared by staff and
copies distributed to Board members and made available to the public.
The public hearing was opened, and the Board heard testimony from the following
individuals:
•Speaking in Opposition to Proposed Amendment to Add Nickel Compounds,
Specifically Soluble Nickel, to List of TACs in Table I of PAR 1401:
GEORGE PETRASEK, Associated Plating
Commented that nickel plating is usually an undercoating, and the metal finishers are
required to conform to the specifications and blueprints of their customers. If nickel
compounds are added to the list of carcinogens in Rule 1401 as proposed, it will give an
unfair competitive advantage to their out-of-state and out-of-district competitors.
DR. MIKE DOURSON, DAN CUNNINGHAM, DR. STEVEN SEILKOP, DR. ADRIAN OLLER, DR. DWIGHT CULVER,
LAWRENCE J. STRAW, JR., DEAN HIGH, HARRY LEVY, and RANDY SOLGANIK, for the Metal
Finishing Association of Southern California
Commented on the peer review of the TERA report on the carcinogenicity of soluble nickel.
The peer review panel consisted of 11 people from government, industry, academia, and
others who were experts in nickel and a number of disciplines related to risk assessment.
The Chair did not vote, and three of the panel members were discussants, but non-voting
members. The other seven members voted. The draft TERA report stated that soluble nickel
salts were unlikely to be carcinogenic at low doses, but could be carcinogenic at high
doses. The peer review panel considered that position, along with commentary, and it was
their unanimous consensus that the following weight of evidence statement be put forward:
"The carcinogenicity of soluble nickel via the inhalation route cannot be determined
because the existing evidence is composed of conflicting data. Some evidence is suggestive
of carcinogenic effects, but other equally pertinent evidence does not confirm any
concern."
Dr. Dourson expressed his belief that the majority of the evidence that indicated that
soluble nickel might be carcinogenic came from the human epidemiology study, and that
particular evidence is confounded. There isn't any clear exposure to one particular nickel
form versus another. Therefore, what you then should rely on, if you can find it, is
animal toxicology data.
Dr. Seilkop pointed out that there was no conclusive evidence on nasal cancer arrived at
by the epidemiological data; the evidence was very contradictory. Dr. Oller stated that
soluble and insoluble nickel compounds have different chemical and biological properties,
and in the case of soluble nickel compounds, those are not conducive for tumor induction.
In response to a question by Mr. Antonovich regarding the relevance of the difference in
the compound structure, staff commented that OEHHA's position is that the total nickel
must be considered, with no differentiation between soluble or insoluble. In all of the
exposure conditions, whether it is a refinery or a plating shop, the exposures are always
mixed. The TERA report concludes with the view that there is always an enhancement of
cancer risk when soluble nickel is present. From a public health protection point of view,
staff concurs with OEHHA that total nickel should be considered.
Mr. Straw expressed the association's belief that the socioeconomic impact assessment
conducted for PAR 1401 was deficient in a number of ways: (i) it failed to include an
assessment of the proposed amendment upon the employment and economy of the region as
required; (ii) it failed to provide a discussion of the emission reduction potential of
the amendment as required; (iii) it failed to address the necessity of the amendment to
attain federal and state air quality standards; and (iv) it lacked an analysis of the
impact upon small business.
With respect to the cost of the control equipment, that would be dependent upon the
configuration of each facility. He indicated that it could be hundreds of thousands of
dollars up to a million dollars. There are modifications occurring all the time within
these facilities because of the need to be flexible in order to suit the needs of a
particular customer. Modifications could trigger the rule and cost an enormous amount of
money and either prevent the finisher from meeting the customer's needs in a timely
fashion or make it economically impossible to meet competition--which would result in job
loss.
Seventy-one percent of all plating shops in Southern California have nickel plating; it is
the single most prevalent plating process in the world and in the basin. It supports many
other industries; most metal is finished with nickel as a coating. The proposed amendment
to Rule 1401 could have a tremendous financial impact to metal finishing shops in this
region.
The MFASC encouraged the Board to let OEHHA do the risk assessment, but that the District
do the risk management. The MFASC does not dispute the acute and chronic effects of nickel
and does not oppose listing soluble nickel as a toxic, chronic, or acute air contaminant;
but recommended that the Board not include soluble nickel as a carcinogen. The MFASC
therefore recommended the following modifications to PAR 1401:
--> Delete the words ", but not limited to" on pages 14 & 15 of PAR 1401,
Table I.
7440-02-0 Nickel and nickel compounds: including, but not limited to:
--> Also, add soluble nickel compounds to Table II on page 17 of PAR 1401. This
addition will include soluble nickel compounds with other compounds proposed by OEHHA for
acute or chronic risk values that have not yet been finalized.
7440-02-0 Soluble nickel compounds
(Submitted Written Comments)
NICK AVEDISSIAN, Quaker City Plating
Referred to a study that was done which involved blood tests that showed nickel was
non-detectable in people who have worked 15 to 30 years around nickel plating tanks. Also,
he knows platers who have worked as much as 35 years around nickel and are in good health.
GARY LACHMAN, Plato Products, Inc.
Commented that in the late '80s their company was forced to move from a location next to a
public school in Glendora; not because of scientifically established risk to school
children, but largely because of political pressure from parents with which the AQMD at
that time was unable to cope. Their company sustained a heavy blow financially and
operationally because of what they regarded as a local regulatory environment based more
heavily on politics and emotion than scientific fact. The company has moved two-thirds of
its manufacturing operation to Central America--roughly 100 local jobs were permanently
lost.
Expressed his belief that District staff's recommendation to include all nickel compounds
under Rule 1401 is not based on accurate scientific risk analysis and would place a
significant and unwarranted burden on the local plating industry, not to mention the
substantially larger metal working industries who depend on them for their plating work.
Urged the Board to judiciously base their decision on soluble nickel on thorough
scientific consensus.
•Speaking in Support of PAR 1401:
SYLVIA OEY, California Air Resources Board
Commented that ARB identified nickel and nickel compounds as toxic air contaminants in
1991, following a three-year process which included a review by the Scientific Review
Panel of all available research. The ARB's listing of these compounds does not in and of
itself protect public health where toxic emissions from stationary sources are concerned.
It is appropriate District action which provides that protection.
CARLOS PORRAS, Communities for a Better Environment
Commented that many of the metal finishing shops are located in socially/economically
disadvantaged or disenfranchised communities, which adds to the issue of cumulative
exposure in these communities. Encouraged the Board to set aside the scientific debate
because the protocol and process of the scientific issues have been dealt with through the
mechanism that was established by the State of California at OEHHA, which should guide
decision-making by this Board. Emphasized that this particular issue does have a
significant and direct environmental justice implication, and urged the Board to support
the staff's recommendation and include soluble nickel in Rule 1401.
TIM CARMICHAEL, Coalition for Clean Air and Natural Resources Defense Council
Commented that the challenge to this Board and others charged with protecting public
health is to move our society away from its current dependency on toxic substances. Rule
1401 is one of the tools that the District has established to protect public health from
toxic emissions. We should be moving away from toxic compounds entirely, but at a minimum,
we must reduce the risk which can sometimes be achieved through adding control equipment.
The staff report shows that cost effective control equipment is available. The Board must
prioritize protecting public health from air pollution, especially from toxic pollution.
Urged the Board to adopt the staff recommendation and add nickel compounds, including
soluble nickel, to Rule 1401.
FRANK MYCROFT, OEHHA
Highlighted the results/findings of various studies conducted relating to the effects of
soluble nickel and nickel compounds on human health, and stated that in OEHHA's best
professional judgment, soluble nickel has the potential to be regarded as a human
carcinogen. In December of 1998, the National Toxicology Program reviewed all of the data,
and they also concluded that nickel compounds, including soluble nickel, should have its
classification upgraded to "known human carcinogen."
•No Position Stated:
DR. JOSEPH FEDORUK, Consultant/Peer Review Panelist
Stated that he was retained by the District and also participated as a member of the panel
that reviewed the TERA report. The review panel did not feel that the evidence exonerated
soluble nickel, nor did they feel there was sufficient evidence to conclude that it was a
carcinogen. He believed, however, that most of the epidemiological studies did show that
soluble nickel tended to enhance carcinogenicity.
There being no further testimony, the public hearing was closed.
(Mr. Antonovich arrived at 10:15 a.m., during public testimony)
Chairman Burked administered the oath of office to Supervisor Michael D. Antonovich, who
was re-appointed by Los Angeles County's Board of Supervisors to serve as the County's
representative on the Governing Board for a term ending January 15, 2003.
Ms. Glover commented that one of the concerns she had with respect to the nickel plating
issue was a multiplier effect. It is her belief that the basis for this region's present
economic status is its manufacturing base, and her concern was that the proposal to add
nickel and nickel compounds to Rule 1401 would, it seemed, affect industry growth within
the basin because of the cost of the control devices.
Mr. Broadbent responded that the socioeconomic modeling that was done for PAR 1401 did
take into account not only the direct impact to the metal finishing industry, but also the
impact to the associated industries that rely on metal plating operations.
MR. MIKELS MOVED TO ADOPT THE RESOLUTION AMENDING RULE 1401 AND CERTIFYING THE ADDENDUM
TO THE JUNE 1998 FINAL ENVIRONMENTAL ASSESSMENT, AS RECOMMENDED BY STAFF, INCLUDING THE
MODIFICATION TO THE STAFF PROPOSAL AS SET FORTH IN THE ERRATA SHEET FOR AGENDA ITEM NO.
30. THE MOTION WAS SECONDED BY DR. WILSON.
At Ms. LaPisto-Kirtley's suggestion, Mr. Mikels amended his motion to include direction
to staff to bring Rule 1401 back to the Board if, in the future, OEHHA or EPA decides to
de-list soluble nickel as a potential carcinogen.
Ms. Glover indicated that she would be abstaining on the motion because she did not feel
that the case had been proven with respect to the carcinogenicity of soluble nickel.
THE AMENDED MOTION BY MR. MIKELS, SECONDED BY
DR. WILSON, TO:
1) ADOPT THE RESOLUTION AMENDING RULE 1401 AND CERTIFYING THE ADDENDUM TO THE JUNE 1998
FINAL ENVIRONMENTAL ASSESSMENT, AS RECOMMENDED BY STAFF, INCLUDING THE MODIFICATION TO THE
STAFF PROPOSAL AS SET FORTH IN THE ERRATA SHEET FOR AGENDA ITEM NO. 30; AND
2) DIRECT STAFF, IF IN THE FUTURE EITHER OEHHA OR EPA DE-LISTS SOLUBLE NICKEL AS A
POTENTIAL CARCINOGEN, TO BRING RULE 1401 BACK TO THE BOARD FOR CONSIDERATION OF FURTHER
AMENDMENT OF THE RULE, FAILED, FOR A LACK OF SEVEN CONCURRING VOTES, AS FOLLOWS
:
AYES:
Bernson, LaPisto-Kirtley, Loveridge, Mikels, Paulitz, and Wilson.
NOES:
Antonovich.
ABSTAIN:
Glover.
NOT PARTICIPATING:
Burke.
ABSENT:
Coad and Lee.
MR. BERNSON MOVED TO CONTINUE THE PUBLIC HEARING ON RULE 1401 TO THE MARCH 12, 1999
BOARD MEETING, FOR BOARD DELIBERATION AND ACTION ONLY, WITH NO ADDITIONAL PUBLIC TESTIMONY
TO BE ALLOWED AT THE CONTINUED HEARING. THE MOTION WAS SECONDED BY
DR. WILSON.
Mr. Antonovich expressed opposition to closing the public testimony because he believed
the Board members absent at this time should have the ability to ask questions of those
who have provided public testimony in this matter. Ms. Glover clarified that she had
closed the public hearing.
In response to Mr. Loveridge, Dr. Wallerstein stated that the absent Board members would
receive all of the written materials, as well as an audio tape of the proceeding.
Mr. Loveridge asked whether or not the Board's procedures allowed for a Board member,
before voting on an item, to summon to the podium anyone who had commented, even if the
public hearing had been closed.
General Counsel Peter Greenwald responded that there is nothing specific in the Board's
procedures on that particular issue; however, if there is new substantial information
being presented that could significantly influence the Board's decision, the public
hearing would have to be re-opened to allow public comment, and a newly-noticed hearing
would have to be held.
THE MOTION MADE BY MR. BERNSON AND SECONDED BY
DR. WILSON TO CONTINUE THE PUBLIC HEARING ON RULE 1401 TO THE MARCH 12, 1999 BOARD
MEETING, FOR BOARD DELIBERATION AND ACTION ONLY, WAS AMENDED BY
MR. BERNSON TO LIMIT ANY ADDITIONAL PUBLIC TESTIMONY AT THE CONTINUED HEARING TO NEW
INFORMATION THAT HAS NOT BEEN PRESENTED TO THE BOARD AT THE HEARINGS ON JANUARY 9, 1999
AND FEBRUARY 12, 1999. DR. WILSON AGREED TO THE AMENDMENT TO THE MOTION, AND THE MOTION
FAILED, FOR A LACK OF SEVEN CONCURRING VOTES, AS FOLLOWS:
AYES:
Bernson, LaPisto-Kirtley, Loveridge, Paulitz, and Wilson.
NOES:
Antonovich, Glover, and Mikels.
NOT PARTICIPATING: .
Burke
ABSENT:
Coad and Lee.
In response to Ms. Glover, Mr. Greenwald clarified that the Board's procedures state
that if after closing public testimony the Board continues the item to a later time or
date for deliberations and voting, public testimony may not be reopened at the continued
hearing unless public notice has been provided or, prior to continuing the item, the Board
announced its intention to reopen public testimony at the continued hearing.
MR. ANTONOVICH MOVED TO CONTINUE THE PUBLIC HEARING ON RULE 1401, OPEN FOR PUBLIC
TESTIMONY, TO THE MARCH 12, 1999 BOARD MEETING. THE MOTION WAS SECONDED BY MS. GLOVER, AND
FAILED, FOR A LACK OF SEVEN CONCURRING VOTES, AS FOLLOWS:
AYES:
Antonovich and Glover.
NOES:
Bernson, LaPisto-Kirtley, Loveridge, Mikels, and Wilson.
ABSTAIN:
Paulitz.
NOT PARTICIPATING:
Burke.
ABSENT:
Coad and Lee.
Pursuant to Governing Board meeting procedures, the public hearing on Rule 1401 was
continued to the March 12, 1999 Board meeting.
In response to Mr. Antonovich, Mr. Greenwald indicated that there is nothing in the
Board's procedures that would prevent or allow questioning of members of the public by
Board members during Board discussion of this item at the March 12 Board, therefore, it
would be a matter for the Board to decide.
Chairman Burke presided over the remainder of the meeting.
Amend Rule 1610 - Old Vehicle Scrapping
Dr. Elaine Chang, Director of Planning, gave the staff report and noted that an errata
sheet for this item had been prepared by staff and copies distributed to Board members and
made available to the public. The errata sheet contained proposed modifications to PAR
1610 and to the Board resolution which were prepared by staff in response to recent
comments from EPA.
The public hearing was opened, and the Board heard testimony from the following
individuals:
BILL QUINN, California Council for Environmental and Economic Balance (CCEEB)
Commented that while CCEEB believes the demands required by EPA with regard to engine
destruction go beyond necessary stringency, staff's proposal addresses the concerns in the
best manner possible.
JON OWYANG, Market-Based Solutions
Commented that he supported PAR 1610 and looked forward to working with staff in making
the evaluations on any concerns relative to the real emission reductions that have been
created.
There being no further testimony, the public hearing was closed.
ON MOTION OF MR. PAULITZ, SECONDED BY MS. LaPISTO-KIRTLEY, AND UNANIMOUSLY CARRIED
(Absent: Coad, Lee, and Mikels), THE BOARD ADOPTED RESOLUTION NO. 99-4, AMENDING RULE 1610
AND CERTIFYING THE EXEMPTION FROM CEQA REQUIREMENTS, AS RECOMMENDED BY STAFF, WITH THE
MODIFICATIONS TO PAR 1610 AND THE RESOLUTION AS SET FORTH IN THE ERRATA SHEET FOR AGENDA
ITEM NO. 31.
Receive Public Input on Executive Officer's Proposed Program
Goals/Objectives for FY 1999-00
The public hearing was opened, and the Board heard testimony from the following
individual:
JOHN BILLHEIMER, Small Business Coalition
Expressed support for the proposed goals/objectives, and suggested four imaginary
headlines, set forth below, for future consideration to test whether or not District goals
and objectives are meaningful in practice:
*AQMD Audit Shows Cost of Permit Regulation for Small Business Exceeds Fees
Charged: Has Complexity of Permits Outdistanced Ability of Small Business to Carry the
Burden?
*3-Year Budget Projection for AQMD Continues Depletion of Reserves and Deferral of
Maintenance and of Equipment Replacement to Maintain Budget Balance in Face of Decreasing
Revenue
*Increasing Recognition that Technological Progress in Traditional Stationary
Sources is Meeting Increased Resistance of Scientific Fact: Industry Cost Escalating &
Alternatives Toxic/ODC
*Concern Business Community Diversion Permit Fees to Indirect Sources Not Pay
Their Share While Shortage in Permit Processing (Backlog) Jeopardizes Ability of Business
to Meet Market Urgencies
There being no further testimony, the public hearing was closed.
ON MOTION OF MS. GLOVER, SECONDED BY MR. PAULITZ AND UNANIMOUSLY CARRIED (Absent: Coad,
Lee, and Mikels), THE BOARD SET A PUBLIC HEARING MAY 14, 1999 TO ADOPT THE FY 1999-00 AQMD
BUDGET.
OTHER BUSINESS
Election of Chair and Vice Chair
Mr. Paulitz indicated that he had submitted a letter to the Administrative Committee
withdrawing this item from the agenda. No action was taken by the Board on Item No. 35,
and the item will not appear on the agenda for the March 12, 1999 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.
-o-
Mr. Antonovich asked staff to highlight what occurred at the February 11, 1999 meeting
of U.S. EPA's Region IX staff, District staff, and other affected parties regarding New
Source Review, and what will be done at the follow-up meeting on March 9, 1999 regarding
implementation of the recommendations.
Dr. Wallerstein responded that staff did not have a summary of the meeting at this
time, but that Board members would receive a memo addressing that issue.
-o-
CLOSED SESSION
Closed Session
The Board recessed to closed session at 12:30 p.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); and
SCAQMD v. EPA, et al., United States District Court Case No. SACV-98-948 LHM (Anx). The
Board recessed to closed session also pursuant to Government Code Section 54956.9 (c) to
confer with its counsel to decide based on existing facts and circumstances whether to
initiate litigation. The action is a proposed amicus brief in one case.
ADJOURNMENT
Following closed session, counsel 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,
and the meeting was adjourned by Chairman Burke.
The foregoing is a true statement of the proceedings held by the South Coast Air
Quality Management District Board on February 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
DEO = Deputy Executive Officer
EPA = Environmental Protection Agency
FY = Fiscal Year
HOV = High Occupancy Vehicle
MFASC = Metal Finishing Association of Southern California
ODC = Ozone Depleting Compound
OEHHA = Office of Environmental Health Hazard Assessment
PAR = Proposed Amended Rule
RFQ = Request for Quotations
SB = Senate Bill
TERA = Technical Excellence in Risk Assessment
VOC = Volatile Organic Compound
This page updated:
July 09, 2015
URL: ftp://lb1/hb/1999/March/9902min.html
