SUMMARY MINUTES OF THE
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT
FRIDAY, APRIL 9, 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 9:55 a.m.)
County of Los Angeles

Supervisor Cynthia P. Coad
County of Orange

Ms. Mee H. Lee
Senate Rules Committee Appointee

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

Members Absent:

Councilmember Hal Bernson
Cities of Los Angeles County - Western Region

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

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

Vacant:

Governor’s Appointee
Chairman Burke called the meeting to order at 9:45 a.m.

• Opening Comments

Chairman Burke. (1) Congratulated Mr. Antonovich (not present) on the birth of his first son, Michael D. Antonovich, Jr., on April 7, 1999. (2) Called for a moment of silence in memory of Dr. Wilson’s wife, Patricia Wilson, who recently passed away.

CONSENT CALENDAR

1. Minutes of March 12, 1999 Board Meeting
2. Set Public Hearing May 14, 1999 to Amend Rule 218 – Continuous Emission Monitoring and Adopt Proposed Rule 218.1 – Continuous Emission Monitoring Performance Specifications
3. Set Public Hearing May 14, 1999 to Amend Rule 462 – Organic Liquid Loading
4. Set Public Hearing May 14, 1999 to Amend Regulation III – Fees and Rescind Rule 301.2 – Amnesty for Unpermitted Equipment and Rule 310 – Fee Schedules
   
   Note: An errata sheet containing additional language proposed by staff for  inclusion in PAR 301 and the Draft Staff Report was included in the staff  recommendation on Agenda Item No. 4. Copies of the errata sheet were  distributed to Board members and made available to the public.
   
5. Execute Contract for Temporary Engineering Services
6. Award Contracts in Response to Learning Institute Program Opportunity Notice
7. This item was withdrawn by staff.
8. Execute Contract to Cosponsor Development and Demonstration of 250 kW Hybrid Pressurized Solid Oxide Fuel Cell-Micro-Turbine Power Plant
9. Execute Contract to Cosponsor Evaluation of Methanol Fuel Quality Specifications for Proton Exchange Membrane Fuel Cells
10. Execute Contracts to Cosponsor School Clean Fuels Outreach Projects
11. Issue an RFP to Solicit Projects for Carl Moyer Memorial Air Quality Standards Attainment Program Funding
12. Amend Contract with Avnet Computer to Upgrade Business and Development Computers
13. Issue RFP for Management Firm to Operate Diamond Bar Headquarters Child Care Center
14. Revise Procurement Policy and Procedure
15. AQMD Fee Structure Study
16. Report to Legislature and CARB on AQMD’s Regulatory Activities for Calendar Year 1998
17. Public Affairs Report
18. Rule 2202 Emissions Equivalency Task Force Status Report
19. Hearing Board Variances and Appeals
20. Civil Filing and Civil Penalties Report
21. Rule and Control Measure Forecast
22. Report on Effectiveness of Regulation XIII – New Source Review
23. Lead Agency Projects and Environmental Documents Received by the AQMD
24. Status Report on Major Projects for Information Management Scheduled to Start During Last Six Months of FY 1998-99

Chairman Burke and Vice Chairman Glover indicated that they would abstain on Item No. 9. Since their abstentions would result in less than the seven concurring votes required for the Board to take action on an item, Agenda Item No. 9 was held pending the arrival of additional Board members.

Agenda Items Nos. 12 and 15 were withheld for discussion, and, at the request of staff, Item No. 18 was continued to the May 14, 1999 Board meeting.

ON MOTION OF MR. LOVERIDGE, DULY SECONDED AND UNANIMOUSLY CARRIED (Absent: Antonovich, Bernson, LaPisto-Kirtley, and Wilson), THE BOARD APPROVED AGENDA ITEMS 1 THROUGH 8, 10, 11, 13, 14, 16, 17, AND 19 THROUGH 24, AS RECOMMENDED BY STAFF.

25. Items Deferred from Consent Calendar

12. Amend Contract with Avnet Computer to Upgrade Business and Development Computers
    
    In response to a comment by Ms. Coad regarding the possibility of reducing the amount of paper copies of Board agenda items by making more information available on the Internet, Executive Officer Dr. Barry Wallerstein indicated that staff is in the process of preparing a report on the issue which will be brought before the Board in the near future.

15. AQMD Fee Structure Study
    
    Greg Adams, Los Angeles County Sanitation Districts, addressed the Board to comment on the item. As a member of the Fee Structure Advisory Committee, he commented that a more definitive time accounting system needs to be instituted for District permitting staff so that the potential realignment of fees and permitting categories is based on facts, and not estimates. He expressed his belief that the Fee Structure Advisory Committee would wholly support District staff's obtaining the software to accomplish this effort and would urge the Board to quickly approve any necessary funding.

26. Administrative Committee
27. Legislative Committee
28. Stationary Source Committee
29. Technology Committee
30. Mobile Source Air Pollution Reduction Review Committee
31. Air Resources Board Monthly Meeting

ON MOTION OF MS. GLOVER, SECONDED BY MR. PAULITZ, AND UNANIMOUSLY CARRIED (Absent: Antonovich, Bernson, LaPisto-Kirtley, and Wilson), THE BOARD RECEIVED AND FILED AGENDA ITEMS 26 THROUGH 31, AND ADOPTED THE FOLLOWING POSITIONS ON LEGISLATION, AS RECOMMENDED:

AB 1403 (Soto) – SCAQMD: Public Notification     SUPPORT with Clarification

AB 1571 (Villaraigosa/Brulte) – Diesel Engine Conversion SUPPORT with Clarification

HR 11 (Bilbray) and S 266 (Feinstein) – Reformulated Gasoline SUPPORT

PUBLIC HEARINGS

32. Amend Rule 2005 – NSR for RECLAIM; Rule 2011 – Requirements for Monitoring, Reporting and Recordkeeping for SOx Emissions; and Rule 2012 – Requirements for Monitoring, Reporting and Recordkeeping for NOx Emissions
    
    Carol Coy, DEO of Engineering & Compliance, gave the staff report.

(Mr. Antonovich arrived at 9:55 a.m.)

The public hearing was opened, and the Board heard testimony from the following individual:

CURTIS COLEMAN, Attorney, on behalf of CMA Southern California Air Quality Alliance

Echoing staff's characterization of the proposed amendments as highly technical, requested that the Board direct staff to hold a public workshop to explain the rule amendment related to specifications for calibration gas.

With Dr. Wallerstein indicating staff's concurrence, Chairman Burke directed staff to conduct the workshop as requested.

There being no further testimony, the public hearing was closed.

Written Comments Submitted by:
Neal Truong, The Boeing Company

ON MOTION OF MS. GLOVER, DULY SECONDED AND UNANIMOUSLY CARRIED (Absent: Bernson, LaPisto-Kirtley, and Wilson), THE BOARD ADOPTED RESOLUTION NO. 99-9, AMENDING RULES 2005, 2011 AND 2012 AND CERTIFYING THE NOTICE OF EXEMPTION FROM CEQA REQUIREMENTS, AS RECOMMENDED BY STAFF.

33. Amend Rule 1158 – Storage, Handling, and Transport of Coke, Coal and Sulfur
    
    Chairman Burke noted that staff’s recommendation was to continue the public hearing on Rule 1158 to the June 11, 1999 Board meeting to allow for recirculation to the public of the environmental assessment for the proposed rule amendment.
    
    The public hearing was opened to receive testimony from the public on the issue of continuing the public hearing to June 11. There being no requests from the public to comment,

    ON MOTION OF MS. GLOVER, SECONDED BY MS. LEE, AND UNANIMOUSLY CARRIED (Absent: Bernson, LaPisto-Kirtley, and Wilson), THE PUBLIC HEARING ON RULE 1158 WAS CONTINUED BY THE BOARD TO THE JUNE 11, 1999 BOARD MEETING, AS RECOMMENDED BY STAFF.

34. Amend Rule 102 – Definition of Terms
    
    Staff waived an oral presentation on this item. The public hearing was opened. There being no requests from the public to address the Board on this item, the public hearing was closed.

    ON MOTION OF MR. ANTONOVICH, SECONDED BY MS. GLOVER, AND UNANIMOUSLY CARRIED (Absent: Bernson, LaPisto-Kirtley, and Wilson), THE BOARD ADOPTED RESOLUTION NO. 99-10, AMENDING RULE 102 AND CERTIFYING THE EXEMPTION FROM CEQA REQUIREMENTS, AS RECOMMENDED BY STAFF.

12. Amend Contract with Avnet Computer to Upgrade Business and Development Computers
13. AQMD Fee Structure Study

    ON MOTION OF MS. COAD, SECONDED BY MS. GLOVER AND UNANIMOUSLY CARRIED (Absent: Bernson, LaPisto-Kirtley, and Wilson), THE BOARD:

    1. AUTHORIZED THE EXECUTIVE OFFICER TO EXECUTE AN AMENDMENT TO CONTRACT NO. 960961 WITH AVNET COMPUTER TO EXERCISE THE UPGRADE OPTION IN THE TMMS AGREEMENT TO INCREASE STORAGE, BACKUP AND PROCESSORS; AND

    2. RECEIVED AND FILED THE REPORT ON THE AQMD FEE STRUCTURE STUDY, AS RECOMMENDED BY STAFF.

9. Execute Contract to Cosponsor Evaluation of Methanol Fuel Quality Specifications for Proton Exchange Membrane Fuel Cells
   
   With Dr. Burke and Ms. Glover both abstaining on this item, there were not sufficient Board members present to have the seven concurring votes necessary for action by the Board. Therefore, Agenda Item No. 9 was, by operation of Board procedures, continued to the May 14, 1999 Board meeting.

David Leehy and Christopher Foster addressed the Board on behalf of EL RAP to request that the public hearing on proposed amendments to Rule 1113, presently scheduled for the
May 14, 1999 Board meeting, be delayed for 90 days. Their request for the delay was based on their belief that a May 14 hearing would not allow sufficient time for distribution, public comment, staff response and Board review of: (i) the required economic impact report; (ii) a comparative analysis of PAR 1113 and EPA’s national architectural coatings rule; and
(iii) results of the National Technical Systems (NTS) study, commissioned by the District, of the technological feasibility of low-VOC paints which might substitute for the traditional paints that would be prohibited by the proposed amendments. (Submitted Written Comments)

Jack Broadbent, DEO of Planning, Rule Development & Area Sources, responded that the environmental assessment for PAR 1113 had been released on or about March 9, 1999, the results of the NTS study would be discussed by the Technical Advisory Committee on April 13, 1999, and the socioeconomic impact report would be available the week of April 13, 1999. Staff plans to conduct a number of workshops and working group meetings before the May 14, 1999 public hearing, and staff believes there will be adequate time for industry to comment as well as continue to work with staff on the rule proposal. Therefore, staff did not recommend the Board postpone the May 14 public hearing.

-o-

Lupe Valdez, DEO of Public Affairs introduced a visiting dignitary, Ms. Lilana Reguera Rodriguez, a member of the state legislature for Jalisco, Mexico.

-o-

The Board recessed to closed session at 10:12 a.m., pursuant to Government Code Section:

• 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; and

• 54956.9(a), to confer with its counsel regarding pending litigation which has been initiated formally and to which the District is a party: 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 Louis Langsam v. SCAQMD, LASC No. BS055249.

Following closed session, General Counsel Peter Greenwald announced that a written report regarding action taken by the Board in closed session on Louis Langsam v. SCAQMD, LASC No. BS055249, would be available after the meeting in the Clerk of the Board's office.

The meeting was adjourned by Vice Chairman Glover to 1:00 p.m., April 23, 1999, in Conference Room CC8 at AQMD Headquarters, 21865 E. Copley Drive, Diamond Bar, California, for the purpose of conducting the Board’s Workshop on the Executive Officer’s Fiscal Year 1999-2000 Budget and Work Program, the State Board Recommendation on the SCAQMD Three-Year Budget Forecast, and Proposed Amendments to Regulation III – Fees.

The foregoing is a true statement of the proceedings held by the South Coast Air Quality Management District Board on April 9, 1999.

 

	Respectfully Submitted,
	SAUNDRA McDANIEL Senior Deputy Clerk

Date Minutes Approved: ________________________

____________________________________________
Dr. William Burke, Chairman