South Coast Air Quality Management District

SUMMARY MINUTES OF THE
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT
FRIDAY, July 12, 2002

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:

Councilmember Norma J. Glover, Chairman
Cities of Orange County

William A. Burke, Ed.D., Vice Chairman
Speaker of the Assembly Appointee

Mayor Michael D. Antonovich (arrived at 9:35 a.m.)
County of Los Angeles

Councilmember Hal Bernson
Cities of Los Angeles County - Western Region

Councilmember Beatrice J. S. LaPisto-Kirtley (left at 11:30 a.m.)
Cities of Los Angeles County - Eastern Region

Mayor Ronald O. Loveridge (arrived at 9:22 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 James W. Silva
County of Orange

Ms. Cynthia Verdugo-Peralta
Governor�s Appointee

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

Members absent:

Ms. Jane W. Carney
Senate Rules Committee Appointee

CALL TO ORDER: Chairman Glover called the meeting to order at 9:20 a.m.

Pledge of Allegiance: Led by Mr. Bernson.

CONSENT CALENDAR

Minutes of June 7, 2002 Board Meeting

Set Public Hearing August 2, 2002 to Amend Rule 1171 - Solvent Cleaning Operations

Issue RFP to Audit AB 2766 Fee Revenue Recipients for FY 1999-00 and FY 2000-01

Execute Contracts with Ski Resorts to Replace Existing Snow Making Equipment and with School Districts to Install PM Traps on Backup Generators; and Approve Issuance of Program Announcement for Lower-Emission School Bus Replacement and Retrofit Program Funding

Issue RFP for Development and Demonstration of Two Hybrid-Electric Transit Buses

Execute Interagency Agreement with State of California Department of General Services to Purchase Natural Gas for Operation of Microturbines at AQMD Headquarters

Issue Program Announcement for Diesel Particulate Trap Retrofit Projects for Local and Regional Public Fleets; Execute Contract with City of Los Angeles to Generate Emissions Credits Under State Emissions Mitigation Program

Appropriate Funds from Clean Fuels Fund and Execute Lease and Purchase Agreements for Four New Advanced Technology Vehicles for Alternative Fuel Vehicle Loan Program

Award and Amend Contracts for Technical and Management Assistance for Alternative Vehicle and Fueling Infrastructure Projects to Support AQMD�s Fleet Rules

10.

Apply to U.S. Department of Transportation Federal Highway Authority and Caltrans to Pass Through Designated Green Airport Initiative Funds and Execute Contracts for Expansion of EV Rental Cars Demonstration Project at LAX

11.

Authorize Purchase of PeopleSoft, Oracle and LibertyNet Software Support

12.

Issue RFP to Obtain Technical and Functional Support for Upgrading PeopleSoft

13.

Execute Contracts with Orange County and Western Riverside Councils of Governments for Local Government Outreach

14.

Execute Contract for Community Outreach Program Assistance

15.

Establish List of Prequalified Providers of Employee Service and Retirement Awards

16.

Adopt Recommendation of Finance and Administrative Committees Regarding Diamond Bar Headquarters Childcare Center

17.

Public Affairs Report

18.

Hearing Board Report

19.

Civil Filing and Civil Penalties Report

20.

Lead Agency Projects and Environmental Documents Received by the AQMD

21.

Rule and Control Measure Forecast

22.

Annual Report on AB 2766 Funds from Motor Vehicle Registration Fees for FY 2000-2001

23.

Annual Status Report on Rule 1113 - Architectural Coatings

24.

Remove Various Fixed Assets from AQMD Inventory

25.

Report on Major Projects for Information Management Scheduled to Start During First Six Months of FY 2002-03

Agenda Items Nos. 13, 16, 19, and 23 were held for discussion.

ON MOTION OF DR. WILSON, SECONDED BY MR. SILVA, AND CARRIED UNANIMOUSLY (Absent: Antonovich, Carney, and Loveridge), THE BOARD APPROVED AGENDA ITEMS NOS. 1 THROUGH 12, 14, 15, 17, 18, 20 THROUGH 22, 24 AND 25, AS RECOMMENDED BY STAFF.

26.

Items Deferred from Consent Calendar

13.

Execute Contracts with Orange County and Western Riverside Councils of Governments for Local Government Outreach

In response to Mr. Paulitz, Dr. Wallerstein, Executive Officer, stated that the proposals from the Orange County and Western Riverside Councils of Governments (COGs) were unsolicited. The action before the Board contained two proposals. First, the development of an air quality element that would be made available to all four counties within AQMD�s jurisdiction. The Orange County and Western Riverside COGs will assist with the outreach to Orange and Riverside Counties and the AQMD staff will work with local COGs and cities in San Bernardino and Los Angeles Counties. The second proposal relates to the implementation of the clean fleet vehicle rules and the Board�s desire to see AB 2766 monies spent on emission reduction projects. Through the proposed contracts staff will be working with Orange and Riverside Counties but there will be outreach efforts through the Public Affairs staff in the other counties as well.

(Mayor Loveridge arrived at 9:22 a.m. during the discussion of Agenda #13)

Ms. LaPisto-Kirtley believed that the AQMD should be doing the outreach to the cities, but supported the staff recommendation as long as there would be an in depth report that quantified the emission reductions accomplished through this effort. If that was accomplished, she believed it would be a good use of AQMD funds. In response, Dr. Wallerstein stated that staff would report back to the Board on (1) the actions taken, (2) to what degree the actions were incorporated at the local level; and (3) what it translates into in terms of the AQMD�s air quality policies and emission reductions.

MR. PAULITZ MOVED APPROVAL OF THE STAFF RECOMMENDATIONS. THE MOTION WAS SECONDED BY DR. WILSON AND CARRIED UNANIMOUSLY (Absent: Antonovich and Carney).

16.

Adopt Recommendation of Finance and Administrative Committees Regarding Diamond Bar Headquarters Childcare Center

(Mr. Antonovich arrived at 9:35 a.m. during the discussion of Agenda #16)

          Mr. Paulitz reported that at the time this issue was presented to the Finance Committee, he did not feel he had all of the information; i.e., the number of mothers on state assistance with children enrolled at the center, or the correct number of AQMD employees with children enrolled at the center. He believed the AQMD should find a non-profit entity such as the City of Diamond Bar to preserve the center, and that the decision to turn the area into storage space was premature.

          In response to questions from Mr. Mikels and Ms. Verdugo-Peralta,
Dr. Wallerstein, Executive Officer, and Eudora Tharp, Assistant DEO of Administrative & Human Resources, made the following remarks: (1) The lease agreement only requires identification of AQMD employees. (2) Staff had an opportunity to meet with a Diamond Bar City council member and the city manager to discuss issues regarding the potential closing; however, no issues were raised relative to the City�s employees. (3) AQMD staff conducted a survey to find alternative childcare facilities. One center with three locations (two in Diamond Bar and one in Walnut) has available space to accommodate all children currently enrolled. A center located near the Metrolink in Walnut has given a written guarantee of placement for all families currently using the headquarters� center. In addition, that center�s community rate is equivalent, it has subsidized rates for those requiring it, and would continue giving AQMD employees the same discount they are currently receiving.

          Dr. Wallerstein stated the following issues for the Board�s consideration when making the decision on whether or not to close the center: (1) the center has a history of making late monthly lease and utility payments; (2) the center is designed for 70 children, but the current enrollment is only 41; (3) a new childcare facility will be opening in the Gateway Business Park in the December-January timeframe; and (4) parents generally enroll children in daycare centers by September.

          The following individuals presented comments supporting the continuation of the Headquarter�s childcare center:

Rosana Arias
Nazish Hamid
Charlyn Naast
Marjorie Eaton*
Esther Gomez Higashi
Maura Matute-Bustamante*
Yvonne Hoo*
Carol Gonzales (former AQMD employee)**
Melissa Schrick
Denise Ng, representing Assembly member Judy Chu
Paulette Henson*

*   AQMD Employee
** Submitted written documents

Parents� comments/concerns:

Step-by-Step was selected because of the family atmosphere, as opposed to a childcare center that is run strictly as a business. There may be other facilities with comparable prices, but price is not the issue, care and loving caregivers are. The long-term relationship with AQMD and NPSS offered a sense of security and the feeling that children would be well cared for. The children have bonded with the caregivers. They trust and depend on them. Removing the children, especially the infants, to new surroundings will probably cause some stress and fear.

Expressed concerned regarding the lack of notification to AQMD parents that the onsite childcare center was in jeopardy of closing. Requested a six-month extension so that families would have time to find a new childcare facility. Pointed out that most centers have long waiting lists, infants most likely will not be able to be enrolled for at least four to five months, and most facilities will only take infants two years or older who are potty trained. If the Board decides not to extend the lease to the current operators of the facility, requested that the Board consider seeking a mutually beneficial childcare provider to lease the facility.

It is difficult to find a quality daycare that treats all children the same regardless of economic circumstances. It may take parents receiving public assistance one to two years to get a guaranteed placement in a childcare center that provides the same type of family atmosphere.

Having the on-site facility was a main reason for accepting employment at the Diamond Bar facility. Being able to enroll children at a facility close to where you are employed allows parents an opportunity to see the children on breaks and at lunchtime. It is convenient for nursing mothers, and parents who work 10-hour days or who have long commuting times.

Lack of commitment to the childcare center by the AQMD was the reason at least one childcare operator did not submit a bid in response to AQMD�s RFP. It is difficult to make a business decision when there is no certainty as to the length of the lease, or if the center would continue at the end of the lease period.

A petition with over 220 signatures supporting the continuation of the center was submitted. Approximately 63% (140) of the signatures belonged to AQMD employees who wish to continue the childcare center either for themselves or for their fellow employees.

AQMD participation has decreased over the years because the employees sense the lack of AQMD commitment to the center and hesitate placing their children in the center for fear of closure. Despite the drop of employee use after the last threat of closure two years ago, the center has slowly increased from one AQMD family to nine AQMD families over the past 15 months.

In support of continuing the Step-by-Step Childcare Center currently operated by National Pediatric Support Services, and in response to questions from the Board members, Dr. Sheri Senter, CEO, NPSS, (supported by Alex Bonaventura, Director, Step-by-Step) made the following comments:

NPSS has been operating the childcare center since 1996 with the same staff. Less than 10 percent of all childcare centers in the United States reach accreditation status, and NPSS is the only accredited childcare center in Diamond Bar.

Although there has been a written guarantee of placement, there is a difference between families being subsidized and those centers contracted with the State of California CDD funding through the general fund.

There is a problem in getting the utility bills prorated. The only outstanding bills are the July lease payment, due by July 15, and a delinquent electric bill of about $200.

Current enrolment is 42 children, of which 39 are fulltime enrollees. The low enrollment is attributed to the lack of adequate signage at curbside and on the building, the lack of ability to advertise to AQMD employees, and the lack of marketing efforts on the part of NPSS because of the uncertainty of the length of the lease agreement.

          There was a consensus among the Board members that childcare was one of the most important factors for working parents, and the closing of the AQMD childcare center should not be taken lightly.

          Board members LaPisto-Kirtley, Silva and Wilson raised concerns regarding the low enrollment rate when other facilities in the area have waiting lists, the inability of the center to make its utility and lease payments on time, and the lack of marketing efforts to increase the enrollment. They supported extending the lease for a six-month period to allow NPSS to instigate marketing efforts to significantly increase the enrollment and get current with its utility and lease payments. They recommended that the District (1) have separate meters installed so that NPSS would be responsible for paying its own utility bills, and (2) require lease payments in advance. The Board members further requested a report to the Board at the end of the six-month period on the efforts taken to make the childcare center a viable operation.

BOARD MEMBER LaPISTO-KIRTLEY MOVED TO EXTEND THE CONTRACT UNTIL JANUARY AND THE AQMD PROVIDE ASSISTANCE WITH FINDING ALTERNATE CHILDCARE ON A CASE-BY-CASE BASIS. THE MOTION WAS SECONDED BY MR. SILVA.

MS. LaPISTO-KIRTLEY AGREED TO INCLUDE AS PART OF HER MOTION THAT IF IN SIX MONTHS, NPSS IS UP-TO-DATE WITH ITS LEASE AND UTILITY PAYMENTS, AND THE ENROLLMENT HAS BEEN INCREASED TO CAPACITY OR NEAR CAPACITY, THE BOARD WOULD CONSIDER ALLOWING NPSS TO CONTINUE OPERATING THE CHILDCARE CENTER.

          Board members Antonovich, Bernson, Burke, Mikels and Paulitz emphasized that having an on-site facility for its employees would be an asset to any organization, and one of the things that sets the AQMD apart from other employers; it was good for AQMD employee morale; and the non-compliance issues of late lease and utility payments were insufficient reasons to close the center. They agreed that the current operators had not shown good management skills, but based on the comments presented, were good caregivers. They, along with Chairman Glover, and Board members Loveridge and Verdugo-Peralta, supported the continued operation of the childcare center by the current operators and recommended that NPSS increase its marketing efforts (with the assistance of AQMD and the City of Diamond Bar) to increase enrollment, specifically that of the children of AQMD and the City of Diamond Bar employees; the installation of signs at curbside and on the building facility; the placement of flyers at the information counters of AQMD and the City of Diamond Bar; cooperation between AQMD and the center operators; and the installation of separate utility meters for the childcare facility. To monitor the implementation of the recommended changes, the members recommended NPSS make a progress report to the Board in six months.

MR. PAULITZ MADE A SUBSTITUE MOTION TO KEEP THE CHILDCARE FACILITY OPEN, TO HONOR THE RFP AND WORK WITH THE CURRENT PROVIDERS TO MAKE THE CENTER A VIABLE OPERATION. THE MOTION WAS SECONDED BY MR. BERNSON.

AT THE REQUEST OF MR. BERNSON, MR. PAULITZ AMENDED THE MOTION TO INCLUDE DIRECTION TO AQMD STAFF TO ASSIST NPSS WITH A MARKETING CAMPAIGN TO INCREASE ENROLLMENT.

          Mr. Paulitz stated the problem is the continuing uncertainty. If the Board makes a firm commitment that the AQMD is going to continue to operate a childcare facility, the cloud of uncertainty will go away. The RFP was for three years, and it is the intent of the motion that the District honor the terms of the RFP, and award the bid to NPSS for the operation of the childcare center for a period of three years. Also included in the motion are the Board�s recommendations to make the center a viable operation. He further stated that Dr. Senter indicated she would comply with the Board�s request for a six-month progress report on its efforts to make the childcare center a viable operation

MR. PAULITZ� MOTION PASSED BY THE FOLLOWING VOTE:

AYES: ANTONOVICH, BERNSON, BURKE,
            LOVERIDGE, MIKELS,
            PAULITZ, VERDUGO-PERALTA
            AND GLOVER

NOES: LAPISTO-KIRTLEY, SILVA AND WILSON

ABSENT: CARNEY

(Ms. LaPisto-Kirtley left at 11:30 a.m.)

19.	Civil Filing and Civil Penalties Report
	Mr. John Billheimer, of Enviro-Reality, addressed the Board and noted that the MSA penalties for April 2002 ($119,024.25) were considerably more than that which was typical throughout 2001 (approximately $30,000/month). He suggested that this trend be watched and analyzed by AQMD staff, if found to be significant. In addition, he suggested including the company names, SIC codes, and other vital characteristics of the facilities in the report. (Submitted Written Comments)

Ms. Verdugo-Peralta commented that she would like staff to decipher the significance, if there is one, in reference to the types of businesses that are being given the penalties; and if staff were to determine that small businesses are receiving more penalties, then she believed the Board members should be provided information as to the reason(s).

Dr. Wallerstein recommended that staff analyze the data and provide a presentation on this issue to the Stationary Source Committee at its next meeting.

DR. WILSON MOVED TO RECEIVE AND FILE AGENDA ITEM NO. 19, AS RECOMMENDED BY STAFF. THE MOTION WAS SECONDED BY MR. PAULITZ, AND CARRIED UNANIMOUSLY (Absent: Carney, Loveridge, Mikels, and Silva).

23.

Annual Status Report on Rule 1113 - Architectural Coatings

The following individuals addressed the Board to comment on this item.

DAVID FUHR, Fuhr International
Commented that in the late 1980�s and early 1990�s, the raw materials were not available that would allow companies to formulate low VOC, high performance coatings. Those raw materials are now available from numerous sources across the world. Fuhr International have been able to develop a line of high performance architectural and industrial coatings with no exempt solvents and zero VOCs. Expressed their belief that other companies can accomplish the same if they choose to or are forced to through regulations; and suggested that AQMD appeal the court�s recent ruling on Rule 1113.

In addition, because of the breakthrough in the technology enabling every entity in the United States to produce zero VOC or low VOC coatings, recommended that AQMD consider accelerating certain target dates in Rule 1136 (Wood Products Coatings) as follows: change the July 1, 2005 effective date for the 275 gpl VOC limit on coatings to July 1, 2003 or 2004, and make July 1, 2005 the effective date for a VOC limit of 100 gpl. (Submitted Written Comments)

ROBERT HENDERSON, Epmar-Environmental Engineering
Commented on the unhealthful conditions under which painters must work and how they are affected by high VOC coatings. Indicated that in side-by-side testing of high VOC coatings and low VOC coatings conducted in January 2002, the low VOC coatings out-performed the high VOC coatings with regard to weathering. Referring to the June 1998 issue of the Journal of Protective Coatings and Linings, stated that in 1998 there were 75 manufacturers touting 771 products that not only meet the current rule but will meet the final AQMD rule in 2008. At present, there are even more of these products available. (Submitted Written Comments)

JEFFREY MARGULIES, National Paint & Coatings Association
Commented that since litigation is still pending on Rule 1113, the industry does not know whether to comply with Rule 1113 as amended by the Board in May 1999 or the rule as it existed before the May 1999 amendments. They have not received any formal indication from AQMD staff until this status report, which states that the current limits ( those adopted in May 1999 and subsequently vacated by court order) are not in effect. District Counsel and District Prosecutor have been asked to agree formally to not enforce the new rule against companies, but have not responded. Requested that the Board provide industry some assurance as to what rule is in effect.

RON WIDNER, Benjamin Moore & Company
Emphasized that the greatest problem businesses have is uncertainty; and there is uncertainty as to what they should be shipping their customers and their customers have uncertainty as to what they should be purchasing and using.

Commenting that she did not believe the Board was in a position at the time to provide the type of guidance sought by industry, Chairman Glover directed the Executive Officer, District Counsel and District Prosecutor to work with industry representatives to clarify the issues and address industry�s concern.

ROBERT WENDOLL, Dunn-Edwards Corporation
As a manufacturer of both low-VOC and high-VOC products, assured the Board that the lower VOC products are not as yet viable alternatives for all uses by all users when compared, in terms of performance characteristics, to the higher VOC products. Indicated that he has been pleased to work on the various working groups that have contributed to conducting the technology assessment studies on Rule 1113, and believes those studies conducted to date would support his comments.

In response to inquiries by Mr. Mikels as to the pending litigation on Rule 1113, Dr. Wallerstein indicated that counsel intended to discuss that with the Board in closed session and staff could receive guidance from the Board at that point in time. He noted that the item before the Board at this time was to receive and file the annual progress report on research. The court�s decision will not become final until August 3, and staff�s assumption is that shortly thereafter an order would be issued setting aside the May 1999 amendments to Rule 1113. Until the lower court issues its order or until the AQMD is able to get an injunction, if sought, from the higher court or the Board deciding to direct staff otherwise, he believes it would be prudent for staff to use enforcement discretion to not issue violation notices to facilities if they are complying with the predecessor rule to the 1999 amendments or if they were complying with the 1999 rule. Also, he has discussed with the prosecutor�s office and counsel�s office the possibility of entering into abatement orders in certain situations to allow companies to comply with the most recent version of the rule, which is more stringent and provides greater emission reductions. Staff intends to come back to the Board in a few months with a proposal to readopt amendments to Rule 1113.

ON A MOTION DULY MADE AND SECONDED, AND CARRIED UNANIMOUSLY (ABSENT: CARNEY), THE BOARD RECEIVED AND FILED AGENDA ITEM NO. 23, AS RECOMMENDED BY STAFF.

BOARD CALENDAR

27.

Administrative Committee

28.

Finance Committee

29.

Legislative Committee

30.

Mobile Source Committee

31.

Stationary Source Committee

32.

Technology Committee

33.

Mobile Source Air Pollution Reduction Review Committee

34.

California Air Resources Board Monthly Report
(No Written Material - Transcripts of the meetings are available at CARB's web site, www.arb.ca.gov.)

35.

Report of Out-of-Country Travel

Dr. Wallerstein indicated that Agenda Item No. 35 needed to be amended to include a trip by Dr. Anupom Ganguli to attend the California Fuel Cell Partnership meeting in Vancouver during the week of July 15, 2002.

ON MOTION OF DR. WILSON, DULY SECONDED, AND CARRIED UNANIMOUSLY (Absent: Carney, LaPisto-Kirtley, and Paulitz), THE BOARD RECEIVED AND FILED AGENDA ITEMS 27 THROUGH 35, WITH THE AMENDMENT TO ITEM NO. 35 TO INCLUDE TRAVEL BY DR. ANUPOM GANGULI TO ATTEND THE CALIFORNIA FUEL CELL PARTNERSHIP MEETING IN VANCOUVER, AND ADOPTED THE FOLLOWING POSITION ON LEGISLATION, AS RECOMMENDED:

SB 1988 (Polanco) -- Environmental Education SUPPORT

36.

Review of AQMD's Environmental Justice Program and Release of Proposed Enhancements for FY 2002-03 for Public Review

Dr. Wallerstein stated that there was no board action required on this item at the present time. Staff is releasing a draft document to the public for a sixty-day review period, will conduct workshops, come back two months from now to the Board for consideration and approval, and will be briefing the Board committees in the interim.

The following individuals addressed the Board to comment on Item No. 36.

JOE LYOU, California League of Conservation Voters Education Fund
Expressed support for staff�s efforts to develop a workplan for addressing environmental justice issues in the near term and believe it will move environmental justice efforts forward. Expressed concern, however, that actions taken by the Board and AQMD staff relating to Agenda Item No. 37 may be undermining some of the things the AQMD is trying to accomplish in the field of environmental justice. Indicated that there has been a series of environmental organizations that have expressed concerns about the Clean Air Act Interpretation White Paper that is moving forward, and encouraged the Board to take a look at that in terms of its environmental justice implications.

ANGELO LOGAN, East Yard Communities for Environmental Justice
Expressed support for the EJ program proposed; believe this would be a great step forward in achieving environmental justice.

DENISE NG, representing Assembly member Judy Chu
Expressed support for AQMD�s efforts in its implementation of environmental justice and is looking forward to working with AQMD and offering their assistance in any way possible. Noted that Assemblymember Chu has introduced AB 2312, which would provide environmental justice grants to communities in the state of California. Suggested that in the public noticing and advertising, that the AQMD add Pasadena Star, San Gabriel Valley Tribune, and the Whittier Daily News, which are more widely read in their district than the Los Angeles Times.

ON MOTION OF DR. BURKE SECONDED BY
MR. ANTONOVICH, AND CARRIED UNANIMOUSLY (Absent: Carney and LaPisto-Kirtley), THE BOARD AMENDED THE DRAFT STAFF REPORT TO INCLUDE THE PASADENA STAR, SAN GABRIEL VALLEY TRIBUNE, AND WHITTIER DAILY NEWS IN THE LIST OF NEWSPAPERS FOR PUBLIC NOTICING PURPOSES.

At Chairman Glover�s direction, Agenda Item No. 39 was taken out of order.

PUBLIC HEARINGS

39.	Amend Rule 1168 - Adhesive and Sealant Applications
	Dr. Wallerstein reported that this item was before the Board at its June 7, 2002 meeting. The Board received public testimony and the public hearing was closed; however, the Board was unable to reach a decision relative to the shoe repair industry category. There were two different motions considered by the Board at the meeting, and each motion received six affirmative votes (seven concurring votes are required for board action). One motion involved a permanent exemption from Rule 1168 requirements for the shoe repair industry; the other motion was to provide that industry an exemption from the rule through January 1, 2009, with a one-year sell through period, which granted through January 1, 2010 until the VOC limit would take effect. He reminded the Board that staff has been doing an enforcement stay for the shoe repair industry since September 2001, and therefore encouraged a decision by the Board one way or another.

MR. ANTONOVICH MOVED TO ADOPT RESOLUTION NO. 02-22, AMENDING RULE 1168 TO EXEMPT THE SHOE, LUGGAGE, AND HANDBAG REPAIR CATEGORY. THE MOTION WAS SECONDED BY DR. BURKE, AND PASSED BY THE FOLLOWING VOTE:

AYES: Antonovich, Bernson, Burke, Glover, Mikels, Paulitz,
Silva, Verdugo-Peralta.

NOES: Loveridge and Wilson.

ABSENT: Carney and LaPisto-Kirtley.

BOARD CALENDAR (Continued)

37.

Clean Air Act Policy Interpretations White Paper

Elaine Chang, DEO/Planning, Rule Development, Area Sources & Transportation Programs, gave a brief presentation on the Clean Air Act Policy Interpretations White Paper, developed pursuant to the strategic alliance initiatives introduced by Chairman Norma Glover. AQMD staff, working with a Steering Committee, developed a white paper that identifies key CAA policy interpretation issues, recommendations, and an action plan that seeks resolution of these key issues.

In response to a request by Mr. Mikels that staff point out the differences between the EPA�s recommended modifications to New Source Review (Agenda Item No. 38) and the direction being proposed for NSR under AQMD�s white paper, Dr. Chang noted that there may be some flexibility in terms of cost consideration or more opportunities for generating offsets to meet the federal requirements.

Mr. Bahram Fazeli, of Communities for a Better Environment, addressed the Board to comment on this item, and submitted written comments signed by representatives of several environmental groups, including CBE. Expressed support for two provisions in the white paper, No. 7 and No. 10, but believe as a whole it actually undermines the CAA and protection of the community. Opposed all other recommendations and urged AQMD to stop pursuing them. The other recommendations they oppose are designed to preempt citizen lawsuits, to relax existing regulations, and to rollback important policies that prevent and reduce pollution. Expressed concern that AQMD�s limited resources would be better spent by enforcing existing rules and adopting additional rules to reduce air pollution in the region, rather than urging EPA to weaken the CAA. Any relaxation of CAA rules would be detrimental to the environment and to public health. Furthermore, they find the predetermined direction of this working group to be counter to AQMD�s EJ principles and in direct conflict with Strategic Initiative No. 6 (Strategic Alliance on Environmental Justice). Believe the recommendations in the draft summary will serve to undermine AQMD�s partnership with the general public and community groups, which is the intention of Initiative No. 6, and contradicts the views that AQMD has expressed as a member of CARB EJ Stakeholders and Cal-EPA�s EJ Advisory Committee. See this process as a step that will distract AQMD from protecting South Coast communities, especially communities of color and low income communities, who suffer disproportionately from cumulative exposure to air pollution.

Dr. Burke commented that, while he respects Mr. Fazeli�s or CBE�s opinion, he does not know who it really represents unless he knows who the members are. Therefore, he requested that a list of the members of the environmental groups on whose behalf Mr. Fazeli was commenting be provided to the Executive Officer, if possible.

ON MOTION OF MR. BERNSON SECONDED BY DR. BURKE, AND CARRIED UNANIMOUSLY (Absent: Antonovich, Carney, LaPisto-Kirtley, and Verdugo-Peralta), THE BOARD RECEIVED AND FILED THE WHITE PAPER ON CLEAN AIR ACT INTERPRETATION ISSUES AND DIRECTED STAFF TO PROCEED WITH THE ACTION PLAN TO IMPLEMENT THE RECOMMENDATIONS, AS RECOMMENDED BY STAFF.

38.

U.S. EPA's Recommended Modifications to New Source Review Program

In the interest of time, Carol Coy, DEO/Engineering & Compliance, waived a staff presentation on this item; and noted that staff is seeking the Board�s endorsement to forward comments to EPA that are consistent with the suggested letter in the board package.

Mr. Lee Wallace, of Sempra Utilities, addressed the Board and expressed support for the AQMD�s comments to EPA; and requested the addition of the following language to AQMD�s comments: "Energy efficiency reform for all types of industrial operations must be addressed separately in these reforms, rather than as a part of the solutions for refinery and utility generation capacity projects solely. The AQMD requests EPA to continue the NSR reform docket and request comments on ways to provide incentives to, and permitting reforms for, energy efficiency projects."

Ms. Coy and Dr. Wallerstein responded that staff agrees that energy efficiency projects do need further definition in the NSR reform proposal; however, would recommend that the Board direct the staff to work out the language.

Mr. Paulitz cautioned that the AQMD needs to be careful not to allow something to occur that would be energy efficient but would incur more pollution.

ON MOTION OF MR. BERNSON, SECONDED BY DR. BURKE, AND CARRIED UNANIMOUSLY (Absent: Antonovich, Carney, and LaPisto-Kirtley), THE BOARD APPROVED FORWARDING COMMENTS TO U.S. EPA FROM AQMD CONSISTENT WITH COMMENTS PROVIDED IN THE LETTER DATED JULY 12, 2002 TO U.S. EPA ADMINISTRATOR CHRISTINE TODD WHITMAN, HIGHLIGHTING AGENCY CONCERNS WITH U.S. EPA�S RECOMMENDED MODIFICATIONS TO THE NEW SOURCE REVIEW PROGRAM, AS RECOMMENDED BY STAFF, WITH THE INCLUSION OF LANGUAGE REGARDING ENERGY EFFICIENCY WHICH SHALL BE DEVELOPED BY STAFF IN COOPERATION WITH SEMPRA REPRESENTATIVES.

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

There was no comment from the public on non-agenda items.

CLOSED SESSION � (No Written Material)

Closed Session

The Board recessed to closed session at 11:55 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 action is National Paint & Coatings Association, Inc., et al., v. SCAQMD, et al., Court of Appeal Case No. G029462; and

54956.9(c), to decide whether to initiate litigation in the pending cases of Central Valley Chrysler-Plymouth, Inc., et al. v. California Air Resources Board, United States District Court for the Eastern District, Fresno, No. F-02-05017, and Liberty Motors, Inc., et al., v. California Air Resources Board, Fresno County Superior Court Case No. 02-CE-C6100039.

ADJOURNMENT

	Following closed session, District Counsel Barbara Baird announced that a 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 at 12:25 p.m.
	The foregoing is a true statement of the proceedings held by the South Coast Air Quality Management District Board on July 12, 2002.

Respectfully Submitted,

SAUNDRA McDANIEL
Senior Deputy Clerk

Date Minutes Approved: ________________________

____________________________________________
Norma J. Glover, Chairman

ACRONYMS

AQIP = Air Quality Investment Program
Cal/EPA = California Environmental Protection Agency
CARB = California Air Resources Board
CEMS = Continuous Emissions Monitoring Systems
CEQA = California Environmental Quality Act
CNG = Compressed Natural Gas
EPA = Environmental Protection Agency
EV = Electric Vehicle
FY = Fiscal Year
LNG = Liquefied Natural Gas
MOU = Memorandum of Understanding
MSRC = Mobile Source (Air Pollution Reduction) Review Committee
NGV = Natural Gas Vehicle
NO_x = Oxides of Nitrogen
PAR = Proposed Amended Rule
PM₁₀ = Particulate Matter < 10 microns
PM_2.5 = Particulate Matter < 2.5 microns
PR = Proposed Rule
RFP = Request for Proposals
RFQ = Request for Quotations
SIP = State Implementation Plan
SO_x = Oxides of Sulfur
VOC = Volatile Organic Compound
ZEV = Zero Emission Vehicle

This page updated: July 07, 2015
URL: ftp://lb1/hb/2002/August/0207min.html