South Coast Air Quality Management District

34.

Approve Recommendations for Enhancements to AQMD's Environmental Justice Program for FY 2002-03

        Executive Officer Barry Wallerstein gave a slide presentation on the item, and the following individuals commented on the Environmental Justice (EJ) Program enhancements recommended by staff.

INDUSTRY COMMENTS

CINDY TUCK, California Council for Environmental and Economic Balance
        Commented on Item II-1 in the staff proposal, which would have the AQMD pursue a requirement that AQMD CEQA assessments include a feasible project alternative with lowest air toxics emissions. Expressed concern that imposing an alternative with lowest air toxics emissions could be requiring the proponent to go beyond what state law requires. Suggested the following clarifying language, to which staff indicated its agreement: "Actions approved by the Governing Board or staff under this enhancement will be within the legal authority of the AQMD."
 

JEFF CALLENDER, Western States Petroleum Association (WSPA)
        Expressed support for the overall direction of AQMD's EJ program and their desire to work with AQMD and the communities; and expressed their belief that WSPA has expertise and resources that can be added to help lead to successful implementation of the program enhancements.

MICHAEL CARROLL, Attorney on behalf of Regulatory Flexibility Group (RFG)
        Expressed support for the Board's objective of making AQMD a leader in environmental protection, including in the area of environmental justice, as long as it is carefully balanced with the business objectives of the sources that are regulated. Expressed concern that Items I-3, I-4, and II-1 of the proposal before the Board will further chill investment in new businesses here and modernization of existing businesses. Requested that the Chairman establish a working group that would include a broad base from the investment community, as well as local elected officials from the areas that are targeted; that the working group work to flush out the details of these measures and address the questions/concerns raised at this meeting; and that staff then bring the measures back to the Board after 90 days with these details worked out and the questions answered.
 

        Ms. Carney commented that she does not think AQMD has come to fully understand yet the pros and cons of considering mitigation measures that apply, unless on a region- wide basis, and there is significant risk inherent in doing that. Yet there area areas in this basin in which the health risk is clearly higher because of business uses in those areas, and that is not something that can be ignored. Rather than having a working group for the entire environmental justice initiative, she suggested that this discussion be incorporated into the next step of the subregional analysis on Mira Loma, which is the first one that AQMD is conducting.

        Mr. Mikels raised the issue of distinguishing between locally-generated emissions and those emissions that are generated elsewhere but imported, for instance, by prevailing winds. He questioned whether the measures would then fall on the local area or the area of generation.

        Dr. Wallerstein responded that the purpose of these studies would be to go into a particular subregion or community area, conduct a more refined emissions inventory and air quality modeling than what the AQMD does for the AQMP; and then to decipher whether or not the results of the air quality modeling indicate a disproportionate impact that cannot or is not being addressed through the regional AQMP that might deserve special mitigations considered for that community or elsewhere. He added that there will be a determination made with regard to locally-generated emissions versus those that arrived at that local receptor from other areas in the basin.

CURTIS COLEMAN, Attorney on behalf of CMTA SCAQA
        Regarding Item II-5, the electronic posting of Notices to Comply and Notices of Violation, commented that many of the notices to comply that are issued are done for requesting documents or information from a company, and are not related to violative conduct. Suggested that AQMD either not have notices to comply posted on its website, or post only those notices to comply that are related to a potential rule violation.

        Indicating a preference for the latter option, Dr. Wallerstein stated that he believes staff can work with the business community and environmental/community groups on the manner in which AQMD posts the notices and separate out those items that are not really relevant.
 

ENVIRONMENTAL GROUPS COMMENTS

LUIS CABRALES and JOSEPH LYOU, California League of Conservation Voters (CCLV) Education Fund
        Requested the following changes to three of the EJ enhancement items under Category II - Greater Community Access & Involvement:

        Item II-1: "Such alternative analyses would pertain only to major equipment or process type under review that creates a significant or potentially significant environmental impact. For example, AQMP AQMD staff is currently evaluating less toxic technologies for dry cleaning operations as part of an upcoming rulemaking."

        Item II-9: "The handbook would explain topics including, but not limited to: AQMD’s general enforcement procedures, how to recognize an air pollution problem and submit optimally complete information when making a nuisance complaint …"

        Item II-14: "This proposed enhancement calls for establishing a pilot "Environmental Justice Council" program in a single at least one neighborhood, to include community residents and advocates, industry representatives, and AQMD enforcement staff."

JULIE MASTERS, Natural Resources Defense Council (NRDC)
TODD CAMPBELL, Coalition for Clean Air

        Urged the Board to move Item III-1 from Category III, Economic Incentives for Accelerated Mitigation, and place it in Category I, Further-Reduced Health Risks. The ports, distribution centers, and rail yards at which off-road yard equipment is operated almost invariably are located in EJ communities. Because this equipment never leaves a particular site, a rule that lowers emissions from these engines and vehicles could have tremendous as well as measurably real health and air quality benefits in these communities. But such a rule needs to be strong and it needs to be mandatory, and not incentive based. Cleaner alternative fuel engines and yard equipment already exist and have been proven to work. In addition, ports and distribution centers are run by large companies that can afford to and should bear the incremental costs of purchasing cleaner engines and equipment that benefit the communities they otherwise harm.

        Expressed strong support for Item I-4, regarding localized significance thresholds for CEQA; and urged the Board to direct staff to propose these lower thresholds by June 2003, rather than just further evaluating or developing them during the year.
 

COMMUNITY GROUPS/CONCERNED CITIZENS COMMENTS

MAY ELI, JORGE DUENAS, and JORGE VILLANUEVA,
Youth for Environmental Justice

        Commented in support of Item II-8 concerning enhanced noticing and advertising procedures. Noted that many people who would like to attend AQMD public meetings cannot because but of work or school schedules; and suggested that the AQMD consider scheduling meetings at times that are more convenient for the public. Also suggested that AQMD consider placing notices on buses and having its meetings announced at schools.

ROBERT CABRALES, MIA GUTFREUND, JANIE AGUIRRE, AUGUSTIN EICHWALD , JUAN CARLOS PICENO, KARINA HERNANDEZ, CAROL PICENO, YUKI KIDOKORO, BAHRAM FAZELI, Communities for a Better Environment
        Expressed concern regarding hydrofluoric acid (HF), a corrosive acid used at refineries, because of the harm to residents in the surrounding communities that could result from accidental release of the substance into the air. Noted that residents in the Wilmington area have four refineries in their community; and thousands of people could potentially be affected by an accidental HF release in that area. Urged the Board to make it a priority to eliminate the use of concentrated HF. Submitted copies of two documents entitled, "Integrating Environmental Justice and the Precautionary Principle in Research and Policy Making: The Case of Ambient Air Toxics Exposures and Health Risks among Schoolchildren in Los Angeles" and "Environmental Justice and Regional Inequality in Southern California: Implications for Future Research"; and Requested that the Board direct staff to prepare a report on legislative remedies, precautionary principles and cumulative impacts analysis rulemaking. (Submitted a letter dated September 5, 2002 indicating support by various organizations throughout the South Coast Air Basin of the enhancements.)

        Ms. Verdugo-Peralta suggested that CBE contact Assistant DEO/Public Affairs Oscar Abarca and Public Advisor Pom Pom Ganguli and discuss possible ways for AQMD to increase its outreach to communities.

        With respect to the comments on HF, Dr. Wallerstein responded that staff expects only two facilities to be operating into the future with unmodified HF: a refinery in Wilmington and a chemical plant in El Segundo. However, the refinery is conducting an engineering evaluation that is to be complete in November 2002 and is expected to result in the refinery voluntarily phasing out the use of unmodified HF and either using an additive which reduces the toxic potential and risk or switching over to an alternative technology. The chemical plant, staff understands, will be phasing out HF by December 2002. Therefore, staff believes there is an opportunity, other than rulemaking, to enter into an agreement with the operators that is enforceable through permit conditions. The CENCO refinery in Santa Fe Springs, which is already under permit restrictions to use modified HF, is not expected to resume operations.

CAROLE HOSSAN, concerned citizen, Westchester resident
CECIL CARPIO, concerned citizen, Inglewood resident
SKIP BALDWIN, Wilmington Citizens Committee
CYNTHIA BABICH, Del Amo Action Committee
OFELIA HERNANDEZ, South East Cities
ANGELO LOGAN, East Yard Communities for Environmental Justice
JANE WILLIAMS, California Communities Against Toxics

        Commented in support for the proposed environmental justice enhancements. Emphasized the importance of lowering the thresholds, and making CEQA do the job it was designed to do. Suggested posting as much information as possible on the AQMD's website. Emphasized that it was important that money from air pollution fines that companies have to pay goes back into the communities that are impacted. Suggested that the Board move Item III-1 from Category III to Category I, so that the incentive is penalties.

        Mr. Bernson commented that he, along with City of Los Angeles, are fully supportive of the EJ enhancement document, but wanted it to be made clear that . this document shall not be used in any way to usurp local authority/jurisdiction on land use matters.

DETRICH B. ALLEN, City of Los Angeles
        Commented that the City of Los Angeles adopted a resolution on
September 10, 2002, endorsing the environmental justice enhancements by the AQMD, with concerns related to the issue of land use authority. Requested that, as the AQMD moves forward with implementation of these EJ program enhancement measures, that it work closely with the City to resolve any conflict or concerns that the local agencies may have with regard land use authority.

        Regarding Item III-1, developing a control measure for off-road intermodal equipment, requested that AQMD work with the port authorities and others involved if the Board decides to move forward with the control strategy.

MS. VERDUGO-PERALTA MOVED APPROVAL OF AGENDA ITEM NO. 34 AS RECOMMENDED BY STAFF, WITH: 1) THE FOLLOWING MODIFICATIONS TO THE PROGRAM ENHANCEMENTS:

II-3. Implement formal environmental justice awareness and guidance training among AQMD’s management staff, and other designated staff, and Board members, to be completed within 12 months.

II-11. Organize and host an annual air quality conference for physical and social science teachers, political science and government teachers, and school nurses, and provide enhanced materials on both regional and local air quality research findings.

AND 2) DIRECTION TO STAFF TO REPORT BACK TO THE BOARD WITHIN 90 DAYS IN REFERENCE TO INVESTIGATING THE FEASIBILITY OF RULEMAKING REGARDING CUMULATIVE IMPACTS OF AIR TOXICS BEYOND THE AQMD REQUIREMENTS.

        Mr. Loveridge commented that it should be noted that the Board first adopted a series of Environmental Justice Initiatives in 1997, introduced by Dr. Burke, who was Chairman of the Board at the time; and the enhancements to AQMD's EJ program are before the Board as a result of Initiative No. 6 of Chairman Glover's Strategic Alliance Initiatives announced in January 2002. He commended staff for their efforts in developing the proposed enhancements and expressed appreciation to those who attended the meeting and provided input. Indicating that the City of Riverside was about to undertake a general plan, he asked staff when the Model Air Quality Element described in Item I-2 of the enhancements would be available for potential adoption by cities. Staff indicated that the document would be available by December 2002.

        Mr. Loveridge raised questions regarding the actions to be taken after conducting subregional analyses, such as the Mira Loma study. He was interested in knowing, for example, how the AQMD would frame its response to the information, if there were mitigation steps that were being suggested, what the AQMD's role was and the roles of other agencies, and how the issue of locally-generated emissions and transported emissions would be addressed.
Dr. Wallerstein suggested, as a starting point, that those items be discussed at the next Stationary and Mobile Source Committee meetings in continued dialogue relative to the Mira Loma study.

        Dr. Wallerstein reviewed the changes to the proposed enhancements that were requested by the public for incorporation in the Board's motion, if desired. First, the request from CCEEB to add clarifying language to Item II-1. Second was small wording changes to Items II-1, II-8, and II-14 requested by Joseph Lyou (CLCV). Third, in response to comments by Curt Coleman (CMTA SCAQA) regarding Notices to Comply that are really just information requests, staff suggested adding to Item II-5, "with the exception of Notices to Comply issued to request records or other information." There were a number of requests to move Item III-1 from Category III to Category I, in part to make it a straight regulatory approach instead of an incentive approach. Staff would like to leave that particular issue open as they begin discussions with stakeholders and the public, but believes it would be most appropriate to modify the name of Category III by deleting "economic incentives for," so that it would be "Accelerated Mitigation."

        Mr. Paulitz indicated that he did not agree with the CCEEB amendment and believed it was unnecessary and redundant.

MR. MIKELS MOVED TO AMEND THE MAIN MOTION TO INCLUDE THE FOLLOWING MODIFICATIONS TO THE PROGRAM ENHANCEMENTS:

Insert at the end of Item II-1: "Actions approved by the Governing Board or by staff under this enhancement will be within the legal authority of the AQMD."

II-1. "Such alternative analyses would pertain only to major equipment or process type under review that creates a significant or potentially significant environmental impact. For example, AQMP AQMD staff is currently evaluating less toxic technologies for dry cleaning operations as part of an upcoming rulemaking."

II-5. "This proposed enhancement calls for the electronic posting of all notices and orders of abatement, once validated and finalized, in a readily accessible location on AQMD’s website, with the exception of Notices to Comply issued to request records or other information."

II-9. "The handbook would explain topics including, but not limited to: AQMD’s general enforcement procedures, how to recognize an air pollution problem and submit optimally complete information when making a nuisance complaint …"

II-14. "his proposed enhancement calls for establishing a pilot ‘Environmental Justice Council’ program in a single at least one neighborhood, …"

CATEGORY III:
ECONOMIC INCENTIVES FOR ACCELERATED MITIGATION

AND DIRECT STAFF TO INCLUDE THROUGHOUT THE ENHANCEMENT MEASURES WHERE THE ISSUE OF

MONITORING ANALYSES ARE CONCERNED, THAT MEASUREMENT BE UNDERTAKEN TO DISTINGUISH BETWEEN LOCALLY-GENERATED AND IMPORTED EMISSIONS; AND THAT STAFF BRING THE EJ PROGRAM ENHANCEMENTS, WITH THOSE CHANGES, BACK TO THE MOBILE SOURCE AND STATIONARY SOURCE COMMITTEES FOR REVIEW.

MS. VERDUGO-PERALTA ACCEPTED THE AMENDMENT AS PART OF HER MOTION, AND THE MOTION CARRIED UNANIMOUSLY (Absent: Antonovich, Bernson, Burke, and LaPisto-Kirtley), TO:

1. DIRECT STAFF TO PROCEED WITH IMPLEMENTATION OF THE ENVIRONMENTAL JUSTICE PROGRAM ENHANCEMENTS FOR FY 2002-03, FOR COMPLETION BY NO LATER THAN JUNE 2003, WITH THE FOLLOWING MODIFICATIONS TO THE EJ PROGRAM ENHANCEMENTS:

Insert at the end of Item II-1: "Actions approved by the Governing Board or by staff under this enhancement will be within the legal authority of the AQMD."

II-1. "Such alternative analyses would pertain only to major equipment or process type under review that creates a significant or potentially significant environmental impact. For example, AQMP AQMD staff is currently evaluating less toxic technologies for dry cleaning operations as part of an upcoming rulemaking."

II-3. Implement formal environmental justice awareness and guidance training among AQMD’s management staff, and other designated staff, and Board members, to be completed within 12 months.

II-5. "This proposed enhancement calls for the electronic posting of all notices and orders of abatement, once validated and finalized, in a readily accessible location on AQMD’s website, with the exception of Notices to Comply issued to request records or other information."

II-9. "The handbook would explain topics including, but not limited to: AQMD’s general enforcement procedures, how to

recognize an air pollution problem and submit optimally complete information when making a nuisance complaint …"

II-11. Organize and host an annual air quality conference for physical and social science teachers, political science and government teachers, and school nurses, and provide enhanced materials on both regional and local air quality research findings.

II-14. "his proposed enhancement calls for establishing a pilot ‘Environmental Justice Council’ program in a single at least one neighborhood, …"

CATEGORY III:
ECONOMIC INCENTIVES FOR ACCELERATED MITIGATION

2. DIRECT STAFF TO MAKE PERIODIC REPORTS TO THE ADVISORY GROUPS AND BOARD COMMITTEES IDENTIFIED IN THE REPORTING COMMITMENT CALENDAR.

3. AUTHORIZE THE CHAIRMAN TO APPOINT A STAKEHOLDERS WORKING GROUP TO MEET SEMI-ANNUALLY WITH STAFF TO DISCUSS PROGRESS IN IMPLEMENTING THE PROGRAM ENHANCEMENTS AND PROVIDE STAKEHOLDERS FEEDBACK.

4. DIRECT STAFF TO REPORT BACK TO THE BOARD WITHIN 90 DAYS IN REFERENCE TO INVESTIGATING THE FEASIBILITY OF RULEMAKING REGARDING CUMULATIVE IMPACTS OF AIR TOXICS BEYOND THE AQMD REQUIREMENTS.

5. DIRECT STAFF TO INCLUDE THROUGHOUT THE ENHANCEMENT MEASURES WHERE THE ISSUE OF MONITORING ANALYSES ARE CONCERNED, THAT MEASUREMENT BE UNDERTAKEN TO DISTINGUISH BETWEEN LOCALLY-GENERATED AND IMPORTED EMISSIONS; AND THAT STAFF BRING THE EJ PROGRAM ENHANCEMENTS, WITH THOSE CHANGES, BACK TO THE MOBILE SOURCE AND STATIONARY SOURCE COMMITTEES FOR REVIEW.

1.

Minutes of August 2, 2002 Board Meeting
 

2.

Set Public Hearing October 4, 2002 to Amend Rule 1631 - Pilot Credit Generation Program for Marine Vessels
 

3.

Execute Contract to Develop and Demonstrate Hydrogen-Compressed Natural Gas Blend Transit Buses at SunLine Transit
 

4.

Execute Contract to Renew AQMD’s Participation in California Fuel Cell Partnership for Calendar Year 2002
 

5.

Execute Contracts for Development and Implementation of Children's Air Quality Museum Programs
 

6.

Execute Contracts to Fund Diesel Particulate Trap Retrofit Projects for Local and Regional Public Fleets Under State Emissions Mitigation Program
 

7.

Execute Contracts to Develop and Demonstrate Hydrogen Fueling Infrastructure Technologies in South Coast Air Basin
 

8.

Reauthorize Funding From AES Settlement to Fund Emissions Mitigation Projects and Transfer Marine Vessel Projects from RECLAIM AQIP to the RECLAIM Executive Order Mitigation Account
 

9.

Approve Issuance of Program Announcement for Projects at Port of Los Angeles under NOx and PM Emission Reduction Credit Program and Execute Memorandum of Agreement with Port of Los Angeles
 

10.

Execute Contract for Additional Development and Testing of Low-VOC Cleaning Materials for Lithographic Printing Operations
 

11.

Establish List of Prequalified Vendors to Provide Library Services and Supplies
 

12.

Authorize Purchase of Network and Computer Room Laser Printers
 

13.

Authorize Purchase of Desktop Computer Hardware
 

14.

Establish Lists of Prequalified Counsel to (1) Represent and Advise AQMD on Legal Matters Related to Environmental Law, and (2) Represent and Advise AQMD Hearing Board; and Appropriate Funds from Designation for Litigation/Enforcement to District Counsel's FY 2002-03 Budget
 

15.

Recognize, Appropriate and Reallocate Funds for PAMS Program
 

16.

Public Affairs Report
 

17.

Hearing Board Report
 

18.

Civil Filing and Civil Penalties Report
 

19.

Lead Agency Projects and Environmental Documents Received by the AQMD
 

20.

Rule and Control Measure Forecast
 

21.

Report of RFPs and RFQs Scheduled for Release in September
 

22.

FY 2001-02 Contract Activity
 

23.

Summary of Changes to FY 2001-02 Approved Budget
 

24.

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

25.

Status Report on Mobile Source Pilot Credit Generation Rules

        Chairman Glover noted that two errata sheets containing revised/clarifying language had been distributed to board members and made available to the public, one pertaining to Agenda Item No. 8 and the other to Item No. 9. The revisions in those errata sheets were made part of the staff recommendations on those two items.
Ms. Verdugo-Peralta recused herself from voting on No. 3 under staff's recommended actions on Agenda Item No. 8. Agenda Items No. 8 and No. 17 were held for discussion.

ON MOTION OF MR. PAULITZ, DULY SECONDED, AND CARRIED UNANIMOUSLY (Absent: Antonovich, Bernson, Burke, and LaPisto-Kirtley), THE BOARD APPROVED AGENDA ITEMS NOS. 1 THROUGH 7, 9 THROUGH 16, AND 18 THROUGH 25, AS RECOMMENDED BY STAFF.

26.

8.

Reauthorize Funding From AES Settlement to Fund Emissions Mitigation Projects and Transfer Marine Vessel Projects from RECLAIM AQIP to the RECLAIM Executive Order Mitigation Account

        Ms. Carney commented that when the Board originally approved the use of monies out of the AES settlement fund, a reason articulated by the Board for putting the timeline in during which the funds had to be applied for those purposes or they would come back to the Board for further allocation was the concern about adequate funding for the lower school bus emissions program. She asked that Dr. Wallerstein address that issue.

        Dr. Wallerstein responded that staff is presently closing a bidding process for $7.9 million for replacement and $3 million for retrofits, so there is over $10 million that people are bidding on at this time. Also, Proposition 40 approved last Spring will bring more monies to the AQMD. In the power plant mitigation fees that the AQMD has been receiving, he believes AQMD will be able to fully mitigate the emissions for an amount much less than it has collected, which is good news. So there are more than sufficient funds. These two projects were delayed for unforeseen reasons, and not due to the proponents of these projects.

A MOTION WAS DULY MADE AND SECONDED, AND CARRIED UNANIMOUSLY (Absent: Antonovich, Bernson, Burke, and LaPisto-Kirtley), THE BOARD APPROVED AGENDA ITEM NO. 8, AS RECOMMENDED BY STAFF.
(Ms. Verdugo-Peralta abstained on No. 3 under staff recommended actions.)

17.

Hearing Board Report

        Mr. John Billheimer, Enviro-Reality, commented that there are 69,000 permits from 29,000 facilities and less than 1,000 contribute four tons a year or more. Many of the permits involve one or two pounds per day and this tends to get lost when the major issues are being discussed. With respect to the Hearing Board report, there are in some of the advisory groups current discussions of the observation that very few small businesses appear on the dossier of the Hearing Board and there is curiosity as to why. One reason is that the definition in Rule 102 - ten employees and $50,000 gross revenues -- was adopted by the Board in 1976 and has not been amended. It is out of sync with the present economy. A small mom and pop shop that started out a decade ago and has now grown to a size of 20 employees is legally considered a large business under AQMD regulations.
(Submitted Written Comments)

ON A MOTION DULY MADE AND SECONDED, AND CARRIED UNANIMOUSLY (Absent: Antonovich, Bernson, Burke, and LaPisto-Kirtley), THE BOARD APPROVED AGENDA ITEM NO. 17, AS RECOMMENDED BY STAFF.

27.

Administrative Committee
 

28.

Legislative Committee
 

29.

Mobile Source Committee
 

30.

Stationary Source Committee
 

31.

Technology Committee
 

32.

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

33.

California Fuel Cell Partnership Steering Team Meeting
 

ON A MOTION DULY MADE AND SECONDED, AND CARRIED UNANIMOUSLY (Absent: Antonovich, Bernson, Burke, and LaPisto-Kirtley), THE BOARD RECEIVED AND FILED AGENDA ITEMS 27 THROUGH 33, AND ADOPTED THE FOLLOWING POSITIONS ON LEGISLATION, AS RECOMMENDED:

H.R. 4867 (Hunter) / S. 2588 (Feinstein/Boxer) --
     Southern Border Air Quality Protection Act                    SUPPORT

35.

Adopt 2002 Coachella Valley PM10 State Implementation Plan Addendum
 

        Dr. Laki Tisopulos, Assistant DEO/Planning, Rule Development, Areas Sources, & Transportation, gave a brief staff report. The public hearing was opened. There being no requests from the public to comment on this item, the public hearing was closed.

ON A MOTION DULY MADE AND SECONDED, AND CARRIED UNANIMOUSLY (Absent: Antonovich, Bernson, Burke, and LaPisto-Kirtley), THE BOARD ADOPTED RESOLUTION NO. 02-25, ADOPTING THE 2002 COACHELLA VALLEY PM10 STATE IMPLEMENTATION PLAN ADDENDUM, WHICH CONSISTS OF CVSIP APPENDIX E, "2003 MILESTONE YEAR TARGET AND EMISSION BUDGETS AND ADOPTING THE ADDENDUM TO THE FINAL NEGATIVE DECLARATION FOR THE 2002 CVSIP, AS RECOMMENDED BY STAFF.

There was no public comment on non-agenda items.

          The Board recessed at 11:50 a.m. to closed session, 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 actions are Communities for a Better Environment v. Cenco Refining Company, et al., United States District Court Case No. 00-05665 AHM (RC) and National Paint & Coatings Association, Inc., et al., v. SCAQMD, et al., Court of Appeal Case No. G029462; and

• 54956.9(a), to meet with labor negotiators regarding unrepresented employees [Agency designated representative: Barry Wallerstein; Unrepresented employees: Designated Deputies].

        Following closed session, the meeting was adjourned by Chairman Glover.

        The foregoing is a true statement of the proceedings held by the South Coast Air Quality Management District Board on September 13, 2002.

Respectfully Submitted,
 

SAUNDRA McDANIEL
Senior Deputy Clerk

Date Minutes Approved: ________________________

____________________________________________
                     Norma J. Glover, Chairman