SUMMARY MINUTES OF THE
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT
SEPTEMBER 10, 1999

FRIDAY, SEPTEMBER 10, 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 10:10 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

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

Members Absent:

Councilmember Hal Bernson
Cities of Los Angeles County - Western Region

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

Vacant:

Governor’s Appointee

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

• Opening Comments

Chairman Burke. 1) Introduced the interns who had worked at the District during the summer, and commended them for their exemplary work performance.

• Presentation of Retirement Award to Dr. Paul Liu

Chairman Burke presented a retirement award to Dr. Liu in recognition for his more than 23 years of dedicated service to the District.

CONSENT CALENDAR

1. Minutes of August 13, 1999 Board Meeting

2. Set Public Hearing October 8, 1999 to Amend Rule 1130 - Graphic Arts

3. Set Public Hearing October 8, 1999 to Amend Rule 1171 - Solvent Cleaning Operations

4. Execute Contract to Co-Sponsor Development and Demonstration of Advanced Natural Gas Engine Electronic Controls

5. Execute Contract to Co-Sponsor Development and Demonstration of Electric School Bus

6. Execute Contract to Co-Sponsor Development and Demonstration of 250 kW Hybrid Fuel Cell-Micro Turbine Power Plant

*7. Execute Contracts for On- and Off-Road Projects Awarded Under Carl Moyer Memorial Air Quality Standards Attainment Program

8. Execute Contract to Co-Sponsor Development and Demonstration of Advanced High Capacity, High Performance NGV Storage Tank

9. Appropriate Funds from Clean Fuels Fund and Execute Lease and Purchase of Five New-Technology Vehicles for Alternative Fuel Vehicle Loan Program

*10. Issue RFP to Solicit Projects for FY 1999-2000 Carl Moyer Memorial Air Quality Standards Attainment Program Funding

11. Execute Contracts for Projects Related to AB 2588 FY 93-94 Funds

12. Execute Contract to Purchase Upgrade of Nortel Meridian ACD-MAX Phone System

13. Approve Projects for FY 1999-2000 AB 2766 Discretionary Fund Work Program Including Transportation Control Measure Projects, Transit and Heavy-Duty Vehicle Projects, Programmatic Outreach Consultant, Light-Duty ZEV Projects, and CEC Neighborhood EV Project

14. Execute Contracts for EV Charge as part of FY 1997-99 AB 2766 Discretionary
Fund Work Program

15. Recognize Fixed Assets from EPA for PM2.5 Ambient Monitoring Program

16. Adopt Resolution Amending Resolution 98-33 to Establish TAO SB-98 Clean Fuels
Advisory Group and Charter; Establish Membership of TAO SB-98 Clean Fuels
Advisory Group; and Amend Charter for Technology Advancement Advisory Group

17. Public Affairs Report

18. ,Rule 2202 - On-Road Motor Vehicle Mitigation Options Program Status Report

19. Hearing Board Variances and Appeals

20. Civil Filing and Civil Penalties Report

*21. Rule and Control Measure Forecast

22. Best Available Control Technology Guidelines Report

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

24. Status Report on Major Projects for Information Management Scheduled to Start During First Six Months of FY 1999-00

25. Report of RFPs and RFQs Scheduled for Release in September

26. FY 1998-99 Contract Activity

27. Summary of Changes to FY 1998-99 Approved Budget

28. ARB's Subvention Program Audit of AQMD for FY 1997-98

*Note: Errata sheets were distributed to Board members, and copies made available to the public, indicating changes/clarifications to the Board letters for Items Nos. 7, 10 and 21.

Agenda Item No. 13 was held for discussion.

29. Items Deferred from Consent Calendar

13. Approve Projects for FY 1999-2000 AB 2766 Discretionary Fund Work Program Including Transportation Control Measure Projects, Transit and Heavy-Duty Vehicle Projects, Programmatic Outreach Consultant, Light-Duty ZEV Projects, and CEC Neighborhood EV Project

    Mayor William Kleindienst, MSRC Chairman, highlighted the following key points regarding the FY 1999-2000 Work Program:

• Over the past two years, the MSRC has helped place 630 new clean-fuel transit buses within the district; under the 1999-2000 Work Program, the MSRC is investing
  $10.2 million for the purpose of purchasing an additional 398 clean-fuel buses; and since 1997, the MSRC has helped replace over 1,000 older diesel transit buses with new low-emission vehicles.

• The heavy-duty trucks will operate in all four counties within the AQMD's jurisdiction, resulting in an annual reduction in diesel pollution in excess of 240 tons, which equates to over 2,900 tons over the project life, at a cost effectiveness of $6,000/ton of NOx--50 percent better than CARB's goals.

• In working with the U.S. Postal Service, MSRC is contributing $2 million towards the deployment of 400 electric postal vehicles throughout the district.

ON MOTION OF MR. PAULITZ, SECONDED BY MS. LEE, THE BOARD APPROVED AGENDA ITEMS NOS. 1 THROUGH 28 AND ADOPTED RESOLUTION NO. 99-23, ESTABLISHING THE TAO
SB-98 CLEAN FUELS ADVISORY GROUP, ITS CHARTER AND COMPOSITION, AND AMENDING THE TECHNOLOGY ADVANCEMENT ADVISORY GROUP CHARTER REGARDING PROCEDURES FOR APPOINTMENT OF MEMBERS AS SET FORTH IN RESOLUTION NO. 98-33, AS RECOMMENDED, BY THE FOLLOWING VOTE:

AYES:	Burke (except Item No. 9), Coad (except Item Nos. 6, 7, & 13), Glover, Lee, Loveridge, Mikels, Paulitz and Wilson.
NOES:	None.
ABSTAIN:	Burke (on Item No. 9 only) and Coad (on Item Nos. 6, 7 & 13 only).
ABSENT:	Antonovich, Bernson, and LaPisto-Kirtley.

BOARD CALENDAR

30. Administrative Committee

31. Investment Oversight Committee

32. Special Legislative Committee Meeting

33. Mobile Source Committee

34. Stationary Source Committee

35. Technology Committee

36. Mobile Source Air Pollution Reduction Review Committee

37. Air Resources Board Monthly Report

ON MOTION OF MS. GLOVER, DULY SECONDED AND UNANIMOUSLY CARRIED (Absent: Antonovich, Bernson and LaPisto-Kirtley), THE BOARD RECEIVED AND FILED AGENDA ITEMS 30 THROUGH 37 AS RECOMMENDED.

38. Report on Air Toxics Control Plan

Jack Broadbent, DEO of Planning, Rule Development & Area Sources, gave a presentation on staff's proposal to develop an Air Toxics Control Plan which will outline efforts to reduce air toxic exposures in the Basin.

The Board heard public comments from the following individuals:

Communities for a Better Environment (CBE)
BEVERLY BROCK, CBE/Suva/La Causa
MAGGIE PERALES, CBE/Suva/La Causa
ALVARO HUERTA, CBE
CARLOS PORRAS, CBE
LIZZETTE RUIZ, CBE/Youth-4-Environmental Justice
LINDA MARQUEZ, Cottage Street/La Causa
JOSE VEGA, CBE/La Causa
MARIA VEGA, CBE

Expressed concern that: (i) low income communities are disproportionately impacted by toxic emissions because of the higher concentration of toxic-emitting facilities located in those communities; and (ii) the 100 in a million allowable cancer risk level in District Rule 1402 is too high and should be reduced. Urged the Board to hold a public hearing on Rule 1402 as soon as possible and adopt a risk level that is fair, equitable, and health protective.

Mr. Porras submitted for the record numerous postcards from concerned citizens urging the Board to strengthen Rule 1402 by reducing the cancer risk level to 1 in a million and the
non-cancer hazard index to 1.0.

CURTIS COLEMAN, Attorney, on behalf of CMA Southern California Air Quality Alliance and California Aerospace Environmental Association

Commented that the only way to achieve clean air in this basin is by identifying all of the emission sources and developing a comprehensive solution, as proposed by staff, targeting emission reductions from all of the sources.

CARL FARRINGTON, Social Justice Committee/St. Philomena Church

Urged the Board to: (i) reduce the allowable cancer risk in Rule 1402 from 100 in a million to 1 in a million; (ii) take steps to expeditiously identify facilities for which health risk assessments have not been completed, but are likely to be exceeding the allowable cancer risk level; and (iii) find an approach to environmental protection which aims to give the most stringent protection to workers and residents who face the highest levels of exposure, recognizing exposure from mobile sources as well as stationary sources. (Submitted Written Comments)

BILL QUINN, California Council for Environmental and Economic Balance

1) Cautioned the Board to recognize that developing the Air Toxics Control Plan as proposed by staff will once again put the District out in front of the rest of the state and the nation, and the District needs to ensure that the Plan does not conflict with existing and future state and federal requirements. Also, the District may lack the authority to regulate many of the sources identified, particularly in the area of mobile sources, and program success will likely require significant coordination and participation with the District's regulatory partners at the state and federal levels. 2) Recommended that during plan development District staff devise a method of ranking possible air toxic control measures, including those which fall outside the District's authority to regulate, much as it does in developing the AQMP. Consideration of costs, both to society as a whole and to the affected industries or source categories, should be included.

TIM CARMICHAEL, Coalition for Clean Air

GAIL RUDERMAN FEUER, Natural Resources Defense Council

Encouraged the District to move forward with regulation of diesel emissions from mobile sources, but to not lose sight of the fact that there are still a significant number of potential cancer cases attributable to stationary sources. Noted that when Rule 1402 was adopted by the Board in 1984, there was considerable condemnation from the environmental community about the acceptable risk level of 100 in a million, and they have been trying for five years to get the Board to reconsider that risk level. Initiative No. 10 of the Environmental Justice (EJ) Initiatives adopted by the Board in October of 1997 called for scheduling amendments to Rules 1401 and 1402 in April 1998; however, District staff has postponed the public hearing on Rule 1402 amendments several times and environmental groups are troubled by the continuous delays.

Dr. Wallerstein responded that the Board has amended Rule 1401 several times, over 100 compounds have been added to the rule; therefore, he believes staff has been diligent in attempting to implement EJ Initiative No. 10. Many of the same staff members that worked on the amendments to Rule 1401 are now working on bringing amendments to Rule 1402 to the Board, which will be done in two phases. The first phase, scheduled to be brought to the Board for consideration in January 2000, will involve amendments to enhance the effectiveness and efficiency of the existing rule. The second phase, which will address the more difficult issues such as thresholds and action levels, will require more time because of data collection and analysis, CEQA documentation, public workshops and legal noticing. Therefore, staff proposes to bring those amendments to the Board in June 2000.

Several Board members expressed concern regarding the time frame proposed by staff. At Ms. Lee's suggestion, Dr. Wallerstein agreed to have staff look at how the June 2000 date for the second set of Rule 1402 amendments could be moved to sometime earlier in the year and/or the possibility of bringing all of the proposed amendments to Rule 1402 to the Board in one package, if legally and technically feasible without compromising the defensibility of the CEQA documents. Chairman Burke indicated that Ms. Glover and Ms. Lee had agreed to work with staff in obtaining any additional resources, such as temporary staff, necessary to assist staff in expediting the process for bringing the amendments to the Board for consideration.

STEVE FLEISCHLI, Santa Monica BayKeeper

Commented that other agencies throughout the state and the country look to the District to take a leadership role in terms of what limits should be placed on toxics. If the Board were to adopt a 1-in-a million standard, he believes there would be changes in other media as well, such as the 100-in-a million health risk standard for consumption of seafood and so forth.

MICHAEL CARROLL, Attorney on behalf of Regulatory Flexibility Group

Expressed support for reasonable and cost effective measures to further reduce emissions from stationary sources, but emphasized that the MATES II study data clearly shows that large industrial sources are not the primary drivers of risk in the basin, and suggested that the District direct its efforts at those emission sources that are driving the risk in the basin to achieve the environmental and the public health benefits that we all want.

In response to Mr. Paulitz, Mr. Broadbent indicated that preliminary information from the MATES II study shows that nearly 72 percent of the risk in the Basin is due to diesel particulate; another 10 percent is attributable to 1,3 butadiene, and then another 6 percent to benzene. These three compounds are essentially mobile source driven. The stationary source component is contained within the 12 percent "other" category, which is a variety of other compounds, and there are mobile sources which contribute to that 12 percent as well. As the study continues, staff is are going to refine this information and will present the information to the Board at its November 5, 1999 meeting in a more detailed manner.

With respect to the District's authority to regulate the diesel emission sources, General Counsel Peter Greenwald explained that state law does confer upon the Board the authority to adopt regulations, with approval of the state ARB, establishing diesel fuel specifications. In addition, the Board has for sometime had authority to establish regulations which would require public and commercial fleets, when acquiring new vehicles, to acquire only vehicles which would operate on methanol or equivalently clean fuels. The Board has not yet used that authority.

Mr. Mikels commented that he was interested in seeing a profile identifying the major toxic emitters from a stationary source standpoint, and then layer that over the profile of the basin average so that he could see what the elevated risks are next to significant stationary sources. Dr. Wallerstein responded that staff will be bringing the final report on the MATES II study to the Board at its November 5, 1999 meeting. That report will include a geographic distribution of risk factors and will provide a good perspective as to which communities might have the highest risk.

Ms. Coad asked that staff provide her with any information available as to the portion of particulate emissions attributable to rubber particles. She expressed her commitment, as Chair of the Board's Mobile Source Committee, to do what she could to move ahead rapidly with implementation of measures to address the mobile source emissions. Chairman Burke asked that staff make a presentation to the Mobile Source Committee at its next meeting on the District's authority to regulate fleet vehicles.

ADRIAN ALVAREZ, Association of Latin American Gardeners

Expressed the anger and frustration of the people living in low income communities, which he believes are the most affected by industrial pollution, and demanded that the Board take action to protect the lives of those people.

FE P. KOONS, Philippine Action Group for the Environment

Referring to a project recently completed at Occidental College which identified the most polluted schools in the Los Angeles School District, two of which are located in the Carson/Wilmington area where she lives, asked the Board to make Rule 1402 stronger and reduce the risk of lives exposed to cancer.

ROBERT ZWEIG, M.D., Medical Association

On behalf of patients in Riverside and San Bernardino Counties who are suffering as a result of exposure to toxic emissions, urged the Board to develop an action plan and implement it as soon as possible, particularly with regard to diesel, a known carcinogen. Suggested that the Board use the authority it has to get diesel vehicles converted to LNG, but disagreed with the staff recommendation that methanol should also be considered, because he believes that has proven a failure as an alternative.

BRUCE MONROE, Sierra Club

Commended the Board for its continued leadership and commitment to accelerate implementation of measures to address the air toxics problem, and urged the Board to be proactive and resolve this issue which has been lingering for many years.

MARIE LOPEZ and MEE HAR TOM, Residents for a Better Alhambra

Urged the Board to set a date soon to reduce the allowable risk level in Rule 1402, and suggested that the District should focus on providing more effective non-toxic and
non-cancerous alternatives for industries to use.

JOHN BILLHEIMER, Small Business Coalition

Commented that closing down all of the toxic sources would resolve the problem immediately. However, every recommendation for an action must weigh the consequences to the economy and to the actual jobs of the workers. Recommended that the District move forward with developing a plan that is comprehensive enough that it considers alternatives. (Submitted Written Comments)

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

Written Comments Submitted by:

Coalition for Humane Immigrant Rights of Los Angeles, Victor Narro, Workers'
Rights Project Coordinator

Community Coalition for Substance Abuse Prevention & Treatment

Heal the Bay, Lisa Boyle, Director of Law and Policy

ON MOTION OF MS. LEE, SECONDED BY DR. WILSON AND UNANIMOUSLY CARRIED (Absent: Bernson and LaPisto-Kirtley), THE BOARD ADOPTED RESOLUTION NO. 99-24, DIRECTING STAFF TO PROCEED TO DEVELOP AN AIR TOXICS CONTROL PLAN, AS RECOMMENDED BY STAFF.

39. Amend Rule 1418 - Halon Emissions from Fire Extinguishing Equipment

Staff waived an oral report on this item. The public hearing was opened. There being no requests from the public to comment on this item, the public hearing was closed.

ON MOTION OF MR. LOVERIDGE, SECONDED BY DR. WILSON AND UNANIMOUSLY CARRIED (Absent: Bernson and LaPisto-Kirtley), THE BOARD ADOPTED RESOLUTION NO. 99-25, AMENDING RULE 1418 AND CERTIFYING THE FINAL ENVIRONMENTAL ASSESSMENT, AS RECOMMENDED BY STAFF.

40. Amend Rule 1186 - PM₁₀ Emissions from Paved and Unpaved Roads, and Livestock Operations

Staff waived an oral report on this item. The public hearing was opened. There being no requests from the public to comment on this item, the public hearing was closed.

ON MOTION OF MR. LOVERIDGE, DULY SECONDED AND UNANIMOUSLY CARRIED (Absent: Bernson and LaPisto-Kirtley), THE BOARD ADOPTED RESOLUTION NO. 99-26, AMENDING RULE 1186 AND CERTIFYING THE EXEMPTION FROM CEQA REQUIREMENTS, 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.

CLOSED SESSION

41. Closed Session

The Board recessed to closed session at 12:06 p.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); and SCAQMD v. EPA, et al., USDC No. SACV98-948 LHM (ANx);

• 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

Following closed session, General Counsel Peter Greenwald announced that a written report of actions taken by the Board in closed session would be on file 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 September 10, 1999.

Respectfully Submitted,