1.

Minutes of December 21, 2001 Board Meeting

2.

Set Public Hearings February 1, 2002 to:

1. Receive Public Input on Executive Officer's Priority Goals for
   FY 2002-03
   
   

2. Adopt Rule 1137 - PM10 Emissions from Woodworking Operations

3.

Amend Contract with Ecotek, MST Solutions, Inc. for Privatization of Portions of Annual Emissions Reporting Program

4.

Recognize Revenue and Execute Contract with Strategy Workshop to Create Printed Conference Proceedings from Clean Air Technologies 2001 International Conference

5.

Public Affairs Report

6.

Hearing Board Report

7.

Civil Filing and Civil Penalties Report

8.

Rule and Control Measure Forecast

9.

Lead Agency Projects and Environmental Documents Received by the AQMD

10.

Report on Major Projects for Information Management Scheduled to Start During Last Six Months of FY 2001-02

11.

Audit for FY Ended June 30, 2001

Agenda Items Nos. 1, 2(A), and 4 were held for discussion.

ON MOTION OF DR. WILSON, SECONDED BY
MS. LaPISTO-KIRTLEY, THE BOARD APPROVED AGENDA ITEMS 2(B), 3, AND 5 THROUGH 11, AS RECOMMENDED BY STAFF, BY THE FOLLOWING VOTE:

AYES: Antonovich, Burke, Carney (except Item 2B), Glover,
LaPisto-Kirtley, Mikels, Paulitz, Silva,
Verdugo-Peralta, and Wilson.

NOES: None.

ABSTAIN: Carney (on Item 2B only).

ABSENT: Bernson and Loveridge.

12.

Items Deferred from Consent Calendar

1.

Minutes of December 21, 2001 Board Meeting

     Dr. Burke commented on discussions he had with Mr. Bernson wherein Mr. Bernson had indicated to him that there seemed to be confusion as to what his motion was on Agenda Item No. 33 from the December 21, 2001 Board meeting, the Public Hearing to Adopt Proposed Rule 1178 – Further Reductions of VOC Emissions from Storage Tanks at Petroleum Facilities. He indicated that Mr. Bernson first recalled the motion one way and then another, and his last recollection of the motion was: (i) a timeframe of 7 years; (ii) that a monitoring mechanism be implemented for milestones; (iii) monitor storage to ensure that if there is a catastrophe or an emergency that the Board have the ability to extend or do whatever necessary to make sure that there is adequate fuel supply for our region; and (iv) the area in which there was the greatest amount of concern, the exemption of tanks that are greater than 144 feet in diameter.

     Since he would not be present at the January 11, 2002 Board meeting, Mr. Bernson asked that Dr. Burke request from the Board members what their understanding was of the motion adopted by the Board.

     In response to Chairman Glover’s question on procedure, District Counsel Barbara Baird pointed out that the Clerk of the Boards had made a transcript available of the discussion and motion by the Board. Copies of the transcript were distributed to Board members and available to the public. Ms. Baird commented that the issue was whether or not the action that the Board took on December 21 was to include all of the tanks or to exclude the tanks in excess of 144 feet in diameter. The Minutes state that the motion was to approve the staff recommendation, which would include the tanks over 144 feet in diameter. If the Board were to make a motion to approve the Minutes as written, and that motion passed by at least seven votes, that would end the matter and the doming requirement would apply to tanks over 144 feet in diameter. Likewise, if the Board remembered the motion differently, made a motion to correct the Minutes to exclude tanks over 144 feet in diameter, and that motion carried by at least seven votes, then the Minutes would be duly corrected in accordance with the Board’s motion. Ms. Baird advised that the motion should pertain only to the Board’s understanding of what was done on December 21; not new deliberation as to what the rule should be.

     Dr. Wallerstein referenced the portions of the transcript wherein he inquired with Mr. Bernson several times whether he was including all of the tanks or only those up to 144 feet and Mr. Bernson’s response was that it was all of the tanks, as recommended by staff.

     Board members Wilson, Paulitz, and LaPisto-Kirtley indicated that their understanding of what they were voting on at that time with respect to
PR 1178 was all of the tanks, as recommended by staff.

DR. WILSON MOVED APPROVAL OF THE MINUTES OF THE DECEMBER 21, 2001 BOARD MEETING, AS SUBMITTED. THE MOTION WAS SECONDED BY MR. PAULITZ.

     Ron Wilkniss, of Western States Petroleum Association, addressed the Board. He commented that both the audio tape and the transcript document the fact that Mr. Bernson included the size range of the tanks in his original motion and confirmed it by repeating it twice during the discussion leading up to the vote. His understanding was that there was no amendment to the motion, therefore, the size criteria was part of the motion. He requested that the Minutes be corrected so that the tank size criteria for the doming requirement for tanks between 95 and 144 feet in diameter be included as the first point in the motion. In the alternative, he asked that the Board disapprove the portion of the Minutes which addresses the Board’s final action on Rule 1178.

     During further discussion by the Board, Ms. Carney and
Ms. Verdugo-Peralta indicated that the Minutes correctly stated their understanding of the motion. Dr. Burke stated that he was prepared to vote for the Minutes, but suggested that the Board might want to consider continuing this item until Mr. Bernson was present in order to get clarification on the motion from him. Reiterating her understanding that the motion she voted for included all the tanks, Ms. LaPisto-Kirtley commented that if the Board members all agreed that what they voted on was for all the tanks, then the Board should move forward. If the Board members did not agree it was all the tanks, and thought they were voting on something else, then she would agree with what Dr. Burke suggested.

THE MOTION BY DR. WILSON, SECONDED BY
MR. PAULITZ, TO APPROVE THE MINUTES OF THE DECEMBER 21, 2001 BOARD MEETING, AS SUBMITTED, CARRIED UNANIMOUSLY (Absent: Bernson and Loveridge).

2(A)

Receive Public Input on Executive Officer's Priority Goals for FY 2002-03

     Ms. Carney pointed out that the goals and priorities were very generic, and she asked staff if there would be opportunities for discussion by the Board and the public in order to arrive at goals that are more specific and would encompass the initiatives introduced by Chairman Glover.

     Dr. Wallerstein responded that the February 1, 2002 public hearing is only the first step in preparation of the AQMD’s Work Program and Budget for FY 2002-03. There will be public workshops on the budget and the Board will hold a public hearing on adoption of the budget itself, which will then reflect where the agency wants to expend its resources. In addition to the AQMD’s Work Program, certain aspects of the Chairman’s initiatives would dovetail into other items. For example, the research plan called for in the Chairman’s initiatives would dovetail into the TAO Plan.

ON MOTION OF MS. CARNEY, SECONDED BY DR. BURKE, AND UNANIMOUSLY CARRIED (Absent: Bernson and Loveridge), THE BOARD APPROVED AGENDA ITEM
NO. 2(A), SETTING A PUBLIC HEARING FEBRUARY 1, 2002 TO RECEIVE PUBLIC AND BOARD MEMBER INPUT ON THE EXECUTIVE OFFICER’S PRIORITY GOALS FOR FY 2002-03, AS RECOMMENDED BY STAFF.

4.

Recognize Revenue and Execute Contract with Strategy Workshop to Create Printed Conference Proceedings from Clean Air Technologies 2001 International Conference

     Ms. LaPisto-Kirtley questioned staff as to whether the funds to be used to produce a summary of the conference proceedings could be better spent on TAO projects. Dr. Wallerstein responded that staff believes the AQMD will be helping the body of scientific knowledge and policy by preparing a compendium of the proceedings and making it available to interested parties and having it available at places such as university libraries.

ON MOTION OF MS. LaPISTO-KIRTLEY, SECONDED BY
MR. PAULITZ, AND UNANIMOUSLY CARRIED (Absent: Bernson and Loveridge), THE BOARD APPROVED AGENDA ITEM NO. 4, RECOGNIZING THE REVENUE FROM THE CLEAN AIR TECHNOLOGIES 2001 INTERNATIONAL CONFERENCE ESTIMATED AT $60,000 TO THE CLEAN FUELS FUND, AND AUTHORIZING THE EXECUTIVE OFFICER TO CONTRACT WITH STRATEGY WORKSHOP TO CREATE PRINTED CONFERENCE PROCEEDINGS IN AN AMOUNT NOT TO EXCEED $40,000 FROM THE CLEAN FUELS FUND, AS RECOMMENDED BY STAFF.

13.

Administrative Committee

14.

California Air Resources Board Monthly Report

Note: The Summary Minutes for CARB’s monthly meetings were not available. Full transcripts of the July, September, October, and November 2001 meetings are available at CARB’s web site, www.arb.ca.gov.

15.

Update on Adopt-A-School Bus Foundation

     Marilyn M. Morton, Foundation Chair, gave a status report on the activities of the Foundation and provided an assessment of the Foundation’s efforts. Because of several factors, especially the proliferation of many other diesel school bus clean-up initiatives, as well as the poor fundraising prospects post-September 11^th, the Foundation recommended that, upon the completion of the grants currently in progress, the Foundation limit its functions to monitoring those grants and otherwise remain inactive and not meet except as needed to complete necessary business. The Foundation will report back to the AQMD Board before the end of 2002 to reassess the need for the Foundation in light of proposed legislative or other initiatives. In addition, the term of most of the current Foundation Directors ends in November 2202, and the AQMD Board can evaluate at that time whether it wishes to appoint new Directors.

     Note: A written statement of Ms. Morton’s comments was submitted for the record, and copies distributed to Board members.

16.

Adopt Resolution to Ensure No Double-counting of Emission Reductions Under Current and Future Mobile Source Credit Generation Rules

     Elaine Chang, DEO of Planning, Rule Development & Area Sources, commented that this item was requested by the EPA to facilitate their approval of AQMD credit rules.

ON MOTION OF MR. PAULITZ, SECONDED BY
MS. LaPISTO-KIRTLEY, AND UNANIMOUSLY CARRIED (Absent: Antonovich, Bernson, and Loveridge), THE BOARD APPROVED AGENDA ITEMS 13 THROUGH 16 AND ADOPTED RESOLUTION NO. 02-1 ENSURING NO DOUBLE-COUNTING OF EMISSION REDUCTIONS UNDER CURRENT AND FUTURE MOBILE SOURCE CREDIT GENERATION RULES, AS RECOMMENDED BY STAFF.

17.

Amend Rule 481 - Spray Coating Operations, and Rule 1141.2 - Surfactant Manufacturing

     In the interest of time, staff waived a formal staff presentation on this item. The public hearing was opened. There being no requests from the public to comment on the item, the public hearing was closed.

ON MOTION OF MS. LaPISTO-KIRTLEY, SECONDED BY
DR. WILSON, AND UNANIMOUSLY CARRIED (Absent: Antonovich, Bernson, Loveridge, and Mikels), THE BOARD ADOPTED RESOLUTION NO. 02-2, AMENDING RULES 481 AND 1141.2 AND CERTIFYING THE EXEMPTION FROM CEQA REQUIREMENTS, AS RECOMMENDED BY STAFF.

18.

Amend Rule 2202 - On-Road Motor Vehicle Mitigation Options

     Carol Gomez, Transportation Programs Manager, gave the staff report. The public hearing was opened. 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. VERDUGO-PERALTA, AND UNANIMOUSLY CARRIED (Absent: Antonovich, Bernson, Loveridge, and Paulitz), THE BOARD ADOPTED RESOLUTION NO. 02-3, AMENDING RULE 2202 AND CERTIFYING THE FINAL ENVIRONMENTAL ASSESSMENT, AS RECOMMENDED BY STAFF.

     Mr. W.D. Fitzgerald addressed the Board on behalf of Anaheim H.O.M.E. (Home Owners Maintaining their Environment) to express their concern regarding residue from the fireworks displays at the Disneyland resort/theme park, which have been increased from summertime only to year-round events. He requested that the AQMD conduct another Health Risk Assessment regarding the Disneyland fireworks and that the facility be required to obtain AQMD permits to operate for its fireworks equipment, presently classified as "pyrotechnics" and therefore exempted from permitting requirements pursuant to AQMD Rule 219(l)(25). (Submitted Written Comments.)

     Chairman Glover directed staff to follow up with Mr. Fitzgerald on this issue.

19.

Closed Session

     The Board recessed to closed session at 10:45 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
  Zapfel v. WCAB, WCAB Case No. MON 0181448, 0171707; and

• 54957.6(a), to meet with designated representatives regarding represented employee salaries and benefits or other mandatory subjects within the scope of representation [Negotiator: Eudora Tharp; Represented Employees: SCAQMD Professional Employees Association and Teamsters Local 911] and to meet with labor negotiators regarding unrepresented employees [Agency Designated Representative: Eudora Tharp; Unrepresented Employees: Management and Confidential].