SUMMARY MINUTES OF THE
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT
FRIDAY, NOVEMBER 17, 2000
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:
William A. Burke, Ed.D., Chairman
Speaker of the Assembly AppointeeCouncilmember Norma J. Glover, Vice Chairman
Cities of Orange CountySupervisor Michael D. Antonovich (arrived at 9:25 a.m.)
County of Los AngelesSupervisor Cynthia P. Coad, Ed.D.
County of OrangeCouncilmember Beatrice J. S. LaPisto-Kirtley
Cities of Los Angeles County - Eastern RegionMayor Ronald O. Loveridge (left at approximately 1:00 p.m.)
Cities of Riverside CountySupervisor Jon D. Mikels
County of San BernardinoMayor Pro Tem Leonard Paulitz
Cities of San Bernardino CountyCynthia Verdugo-Peralta
Governor�s AppointeeSupervisor S. Roy Wilson, Ed.D.
County of Riverside
Members Absent:
Councilmember Hal Bernson
Cities of Los Angeles County - Western RegionMs. Jane W. Carney
Senate Rules Committee Appointee
Chairman Burke called the meeting to order at 9:10 a.m.
CONSENT CALENDAR
Set Hearing January 19, 2001 for:
(B) Adopt Proposed Rule 1132 - Further Control of Volatile Organic Compound
Emissions from High Emitting Spray Booth Facilities
Agenda Item No. 12 was held for discussion.
ON MOTION OF DR. WILSON, SECONDED BY MS. GLOVER, AND CARRIED UNANIMOUSLY (Absent: Antonovich, Bernson, and Carney), THE BOARD APPROVED AGENDA ITEMS 1 THROUGH 11 AND 13 THROUGH 18, AS RECOMMENDED BY STAFF.
12. Consider Inter-District Transfer of Emission Reduction Credits
to
Mojave Desert AQMD and Antelope Valley APCD
In response to a question by Ms. LaPisto-Kirtley, Dr. Wallerstein explained that Lockheed Martin and Northrop Grumman, which operate facilities in the South Coast basin and are planning on expanding to the Antelope Valley area, are requesting a transfer of ERCs from the South Coast to Antelope Valley, where credits are not easily available. He noted that as part of its recommendation on this item, staff proposed that the Board impose a temporary moratorium on any future transfers of ERCs outside the SCAQMD until the Board has further assessed future in-basin ERC needs.
ON MOTION OF DR. WILSON, SECONDED BY MS. LaPISTO-KIRTLEY, AND CARRIED UNANIMOUSLY (Absent: Antonovich, Bernson, and Carney), THE BOARD APPROVED AGENDA ITEM NO. 12 AND ADOPTED RESOLUTION NO. 00-32, APPROVING THE INTER-DISTRICT TRANSFER OF VOC ERCs TO THE MDAQMD FOR THE BLYTHE ENERGY PROJECT AND TO THE AVAPCD FOR NORTHROP GRUMMAN AND LOCKHEED MARTIN; DISAPPROVING TRANSFER OF NOx, PM10 AND CO ERCs TO THE AVAPCD FOR LOCKHEED MARTIN; AND APPROVING A MORATORIUM ON FURTHER INTER-DISTRICT TRANSFERS OF ANY ERC FROM SCAQMD, AS RECOMMENDED BY STAFF.
BOARD CALENDAR
ON MOTION OF MR. PAULITZ, SECONDED BY MR. MIKELS, AND CARRIED UNANIMOUSLY (Absent: Antonovich, Bernson, and Carney), THE BOARD RECEIVED AND FILED AGENDA ITEMS 20 THROUGH 25 AND 27, AS RECOMMENDED.
Dr. Wallerstein commented that a working group consisting of AQMD staff, CARB staff, and other interested parties have had extensive discussions on the toxic equivalency issue and staff has received commitments from certain parties to work with the AQMD to conduct short term bio assay studies of exhaust from natural gas and diesel fueled vehicles. While not providing absolute quantitative data that can be used for calculating unit risk factor, these studies will provide qualitative information that the Board may wish to consider in regard to the methodology. Therefore, staff recommended that this item be deferred for a maximum of four months.
In response to Ms. Verdugo-Peralta's suggestion to form a scientific panel to examine the toxic equivalency issue, Dr. Wallerstein recommended that AQMD will solicit outside peer review by academicians of the work that is being performed by the working group.
Mr. Todd Campbell of the Coalition for Clean Air addressed the Board to speak on this item. He expressed the environmental community's support for testing exhaust from existing and future fuels that are intended to be made available on the market. He cautioned the Board, however, that bio assays should not be used as a basis for decision making because such tests can only provide qualitative, not quantitative, results. He expressed support for having the toxic equivalency issue reviewed by academicians experienced in public health.
Written Comments Submitted by:
Dan Ugalde, Ugalde Trucking Co., Inc.
Karen E. Rasmussen, Ryder
Thomas P. Donaldson, Southwest Trails
Helen B. Wall, Wall's Hauling Service, Inc.
Gregory Own, Tri-Modal Distribution Services, Inc.
Lee Hobbs, Hobbs Trucking Co.
Kent Prokop, Pacer Cartage
William C. Foster, Crane Rental Service, Inc.
Denny J. Wyatt, Apex Bulk Commodities, Inc.
Amanda P. Godoy, Godoy & Daughters Trucking
Terry Klenske, Dalton Trucking, Inc.ON MOTION OF MR. MIKELS, SECONDED BY MS. GLOVER, AND CARRIED UNANIMOUSLY (Absent: Antonovich, Bernson, and Carney), THE BOARD CONTINUED AGENDA ITEM NO. 28 FOR UP TO FOUR MONTHS, AS RECOMMENDED BY STAFF.
Report on Control Technologies for Medium-Duty Diesel-Powered Vehicles
ON MOTION OF DR. COAD, DULY SECONDED, AND CARRIED UNANIMOUSLY (Absent: Antonovich, Bernson, and Carney), THE BOARD RECEIVED AND FILED AGENDA ITEM NO. 29 AS RECOMMENDED BY STAFF.
PUBLIC HEARINGS
Jill Whynot, Planning & Rules Manager, gave the staff report.
(Mr. Antonovich arrived at 9:25 a.m.)
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 MS. LaPISTO-KIRTLEY, SECONDED BY MR. MIKELS, AND CARRIED UNANIMOUSLY (Absent: Bernson and Carney), THE BOARD ADOPTED RESOLUTION NO. 00-33, AMENDING RULES 219, 481, 1107, 1141, 1141.1, 1141.2, AND 1162 AND CERTIFYING THE FINAL ENVIRONMENTAL ASSESSMENT, AS RECOMMENDED BY STAFF.
Jill Whynot, Planning & Rules Manager, gave the staff report. The public hearing was opened, and the Board heard testimony from the following individual:
BOB NICKSIN, Southern California Gas Company/Sempra Energy
Commented that the recent change made to PAR 1146 that will allow the use of portable hand held analyzers as part of a tune-up will help make tune-ups more thorough and more effective.
There being no further testimony, the public hearing was closed.
ON MOTION OF MR. MIKELS, SECONDED BY MR. PAULITZ, AND CARRIED UNANIMOUSLY (Absent: Bernson, Carney, and Loveridge), THE BOARD ADOPTED RESOLUTION NO. 00-34, AMENDING RULE 1146 AND CERTIFYING THE EXEMPTION FROM CEQA REQUIREMENTS, AS RECOMMENDED BY STAFF.
Steve Smith, Program Supervisor, gave the staff report. Copies of the following proposed revisions to PAR 1102 were distributed to Board members and made available to the public:
"(b)(2) CLOSED-LOOP MACHINE means dry cleaning equipment in which washing, extraction, and drying are performed in the same single unit and which re-circulates and recovers the solvent-laden vapor.
with no exhaust to the atmosphere or workroom except during the drying cycle.(d)(2)(A) A closed-loop machine shall not exhaust to the atmosphere or workroom during operation except when the vacuum pump exhausts to maintain a continuous vacuum."
Ms. Verdugo-Peralta expressed concern regarding a possible environmental justice issue in connection with a large industrial facility located in Pico Rivera, which is a highly Hispanic area. The owner of this particular dry cleaning facility is reluctant to change its present transfer machines over to the lower-emitting closed-loop system, which will cost between $250,000 to $500,000. Ms. Verdugo-Peralta also expressed concern with allowing dry cleaners until January 1, 2005 before they have to use the closed-loop machines. She suggested that staff request local utility companies to prepare payback equations for this particular facility and any others that are concerned about the cost for conversion to demonstrate the cost effectiveness and cost savings to be achieved.
Dr. Wallerstein indicated staff's agreement to work with dry cleaning operators and local utilities to conduct the payback equations and possibly quantify a financial incentive for facilities to convert early.
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 MS. GLOVER, SECONDED BY DR. WILSON, AND CARRIED UNANIMOUSLY (Absent: Bernson and Carney), THE BOARD ADOPTED RESOLUTION NO. 00-35, AMENDING RULE 1102 AND CERTIFYING THE FINAL ENVIRONMENTAL ASSESSMENT, WITH THE FOLLOWING MODIFICATIONS TO RULE 1102, AS RECOMMENDED BY STAFF:
"(b)(2) CLOSED-LOOP MACHINE means dry cleaning equipment in which washing, extraction, and drying are performed in the same single unit and which re-circulates and recovers the solvent-laden vapor.
with no exhaust to the atmosphere or workroom except during the drying cycle.(d)(2)(A) A closed-loop machine shall not exhaust to the atmosphere or workroom during operation except when the vacuum pump exhausts to maintain a continuous vacuum."
PUBLIC COMMENT PERIOD - (Public Comment on Non-Agenda Items, Pursuant to Government Code Section 54954.3)
Mr. R.D. Swank, Ms. Penny Newman, Ms. Karen Bradford, Mr. Charlie Cashen, and Richard and Barbara Tedrowe, all residents of the Mira Loma/Glen Avon area, addressed the Board to express their concern regarding the increasing number of warehouses being constructed in their area and the resulting heavy truck traffic and diesel exhaust emissions from the trucks. They requested that the AQMD closely and actively participate in any and all siting decisions conducted in the current and future development in the area in order to protect the health of their families and ensure that the air quality does not become further deteriorated. They further requested that AQMD hold a community town hall meeting to address the concerns raised. (Submitted Written Comments.)
Dr. Wilson commented that the increased warehouse development and emissions from the heavy truck traffic in the Mira Loma/Glen Avon area is a concern to the Riverside Board of Supervisors, and that all of the new projects are scrutinized by the requirement of an environmental impact report. Also, the Supervisor of the affected district is working to electrify plug-ins for the refrigerated trucks so that the diesel engines do not have to be kept idling.
Dr. Wallerstein commented that when the AQMD receives a CEQA document from another entity, such as the County of Riverside in this case, it reviews that document in terms of the air quality analysis and any mitigation measures that might be proposed for a project. If there are any mitigation measures missing, the AQMD then suggests incorporation of those items. The final determination rests with the lead agency as to whether it wants to accept or reject the AQMD's recommendations.
Mr. Paulitz suggested that AQMD conduct a town hall meeting in the Mira Loma/Glen Avon area, and that staff explain the process and what AQMD's analyses and responses have been regarding recent and future developments in the community. Staff indicated agreement, and in response to comments by Chairman Burke and Ms. LaPisto-Kirtley, indicated that ARB, EPA, and CTA representatives would be invited to attend the town hall meeting.
Mr. Loveridge raised the question of measurement for emission hot spots or geographical spikes in the Mira Loma/Glen Avon area because of the cumulative consequence of multiple projects in close proximity to each other. Recommending that staff report to the Mobile Source Committee at its next meeting regarding air monitoring in the area, Dr. Wallerstein suggested that staff use particulate sampling data from the local high school that was used in the public health study and compare it to the MATES results to see if there is an abnormally high portion of carbonaceous particulate, or, if there is insufficient data to make a determination, that staff could set up a portable sampling unit in a suitable location in the area.
-o-
Mr. John Billheimer, Consultant, addressed the Board regarding the market availability of PCBTF (parachlorobenzotrifluoride), an exempt VOC used in formulation of a complying topcoat for operations subject to Rule 1151 - Motor Vehicle and Mobile Equipment Non-Assembly Line Coating Operations. Oxychem, the sole supplier of PCBTF in the world, has decided for economic reasons to discontinue production of PCBTF, and their present stockpile of PCBTF is expected to be depleted by July 2001. He indicated that there is a possibility of three foreign suppliers of PCBTF that are presently test painting vehicles, and suggested that AQMD investigate the possibility of new suppliers of PCBTF for Rule 1151 compliance purposes.
Jack Broadbent, DEO/Planning, Rule Development, & Area Sources, responded that staff is working closely with the auto refinishing industry on the PCBTF issue, and will brief the Stationary Source Committee in the future, should an issue arise.
CLOSED SESSION
The Board recessed to closed session at 10:15 a.m., pursuant to Government Code Sections 54956.9(a), to confer with counsel regarding pending litigation which has been initiated formally and to which the District is a party--the actions are Communities for a Better Environment v. Cenco Refining Company, et al., United States District Court Case No. 00-05665 (AJWx); Engine Manufacturers Association v. SCAQMD, United States District Court Case No. 00-09065 FMC (BQRx); and SCAQMD v. USEPA, et al., United States District Court Case No. SACV 98-9789 (HLH).
ADJOURNMENT
Following closed session, District Counsel Barbara Baird announced that there was no action taken by the Board in closed session to report, and the meeting was adjourned at
10:30 a.m.The foregoing is a true statement of the proceedings held by the South Coast Air Quality Management District Board on November 17, 2000.
Respectfully Submitted,
SAUNDRA McDANIEL
Senior Deputy Clerk
Date Minutes Approved: ________________________
____________________________________________
William A. Burke, Ed.D., Chairman
ACRONYMS
AVAPCD = Antelope Valley Air Pollution Control District
CARB = California Air Resources Board
CEQA = California Environmental Quality Act
CO = Carbon Monoxide
CTA = California Trucking Association
DEO = Deputy Executive Officer
EPA = Environmental Protection Agency
ERC = Emission Reduction Credit
L/CNG = Liquefied/Compressed Natural Gas
MATES = Multiple Air Toxics Exposure Study
MDAQMD = Mojave Desert Air Quality Management District
MSRC = Mobile Source (Air Pollution Reduction) Review Committee
NOx = Oxides of Nitrogen
PAR = Proposed Amended Rule
PM10 = Particulate Matter < 10 microns
RFP = Request for Proposals
VOC = Volatile Organic Compound