24.

Administrative Committee
 

25.

Investment Oversight Committee
 

26.

Legislative Committee
 

27.

Mobile Source Committee
 

28.

Stationary Source Committee
 

29.

Technology Committee
 

30.

Mobile Source Air Pollution Reduction Review Committee

       Consent Calendar Items 4 and 12 were held for discussion; and Item No. 5 was withdrawn by staff, to be revised and brought back to the Board at its April 4, 2003 meeting.
 

MR. CRAYCRAFT MOVED:  1) APPROVAL OF AGENDA ITEMS 1 THROUGH 3, 6 THROUGH 11, AND 13 THROUGH 30;  2) ADOPTION OF RESOLUTION NO. 03-5, DELEGATING AUTHORITY TO THE TREASURER OF THE COUNTY OF LOS ANGELES TO INVEST AND REINVEST FUNDS OF THE SCAQMD;  AND 3) APPROVAL OF THE 2003 FEDERAL LEGISLATIVE AGENDA AND ADOPTION OF THE POSITION OF “SUPPORT IN CONCEPT” FOR THE FOLLOWING FEDERAL LEGISLATIVE PROPOSALS, AS RECOMMENDED:

¨   Initiative to Promote Hydrogen Fuel Cell Filling Stations and Vehicles (Cox/Wyden)

¨   Hydrogen Fuel Cell Act of 2003 (Dorgan)

THE MOTION WAS DULY SECONDED, AND PASSED BY THE FOLLOWING VOTE:

AYES:      Aguiar (except Item No. 1), Antonovich (except Item
                 No. 9), Bernson, Burke (except Item No. 11), Carney
                 (except Item No. 10), Craycraft, LaPisto-Kirtley,
                  Loveridge, Paulitz, Silva, Verdugo-Peralta, and
                  Wilson.

NOES:       None.

ABSTAIN: Aguiar (on Item No. 1), Antonovich (on Item No. 9),
                   Burke (on Item 11), and Carney (on Item 10).

ABSENT:   None.
 

23.

Items Deferred from Consent Calendar
 

 4.

Renew Contracts with Strategy Workshop and TLC MediaWorks for Media Relations and Public Relations Services

        In response to a question by Ms. Verdugo-Peralta, Executive Officer Barry R. Wallerstein indicated that the work being done by both contractors will include outreach to the media in reference to AQMD’s public image.
 

12.

Approve Task Order for Enhancements to Facilitate Increased Community Use of AQMD Website

        Ms. Verdugo-Peralta noted that the task orders for Oralia Michel Marketing & Public Relations referred to enhancing communication and service to the Latino/Hispanic communities, and she inquired as to whether or not other languages, such as Chinese languages, would be included.

       Dr. Wallerstein responded that the proposal is to evaluate and select translation software that will cover multiple languages, and the templates and formats developed pursuant to this task order will also be designed to be used for other languages.
 

MS. VERDUGO-PERALTA MOVED APPROVAL OF AGENDA ITEMS 4 AND 12, AS RECOMMENDED BY STAFF.  THE MOTION WAS SECONDED BY MR. CRAYCRAFT, AND CARRIED BY THE FOLLOWING VOTE:

AYES:        Aguiar, Antonovich (Item No. 12 only), Bernson,
                   Burke, Carney, Craycraft, LaPisto-Kirtley,
                   Loveridge, Paulitz, Silva, Verdugo-Peralta, and
                   Wilson.

NOES:        None.

ABSTAIN:  Antonovich (Item No. 4 only).

ABSENT:    None.

31.

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

32.

California Fuel Cell Partnership Steering Team Meeting

        Ms. Verdugo-Peralta indicated that the CaFCP Steering Team meeting was a very positive, successful meeting of car makers, energy companies, and government agencies.  They are moving forward with the funding portion of the 2003/2007 plan, which will be especially important as the next phase, bringing fuel cell vehicles to commercialization, begins.

ON MOTION OF MS. VERDUGO-PERALTA, SECONDED BY MS. CARNEY, AND CARRIED UNANIMOUSLY, THE BOARD RECEIVED AND FILED AGENDA ITEMS 31 AND 32, AS RECOMMENDED.
 

33.

Notification of Office of Environmental Health Hazard Assessment’s Finalization of Cancer Potency Factor
 

ON MOTION OF MR. CRAYCRAFT, DULY SECONDED, AND CARRIED UNANIMOUSLY, THE BOARD RECEIVED AND FILED AGENDA ITEM NO. 33, AS RECOMMENDED BY STAFF.
 

34.

Authorize Use of Air Curtain Destructors to Assist in Mitigating Serious Fire Hazard in San Bernardino and Riverside Counties

        Ms. Lee Lockie, Director of Area Sources, gave a brief presentation on the item; and the following individuals addressed the Board.

CHIEF MICHAEL DIETRICH, San Bernardino National Forest Service
CHIEF TOM O’KEEFE, California Department of Forestry & Fire Protection
PETER BRIETY, Fire Marshall, County of San Bernardino
CHIEF KEVIN TURNER, Riverside County Fire Department
PETER WULFMAN, County of San Bernardino Solid Waste Management Dept.

        1) Presented background and history on the bark beetle infestation, which has reached epidemic proportions unparalleled in severity across the country and led to disaster declarations in Riverside, San Bernardino, and San Diego counties.  A hundred years of fire suppression combined with a drought has led to favorable conditions for the bark beetle epidemic, which now impacts 151,000 acres of dead trees or approximately 600 acres per day.

        2) Emphasized the severity of the fire hazard and risk this situation poses to public health and safety.  There are 35,000 residences in the Lake Arrowhead area and 4,000 in the Idyllwild area, and the epidemic is moving towards the communities of Big Bear as well.  At risk during the summer is a resident, tourist and weekend population of approximately 250,000 people and approximately 100,000 homes, plus infrastructure and commercial properties.  The governmental agencies involved have organized under a Mountain Area Safety Task Force (MASTF) to work cooperatively to address the need for immediacy and action on this problem.  The MASTF agencies have identified their priorities as evacuation routes and areas that are appropriate to shelter people in the event of a wildfire.  In order for this strategy to work, fuel reduction along the evacuation routes is essential.

        3) Explained that the proposal for use of air curtain destructors will focus on limbs, branches and other non-marketable debris.  It is but one of the tools to be used in addressing this problem, and the intent is to phase out use of the air curtain destructors as soon as the situation is either abated or other alternatives become available.  They intend to use one to two of the devices during the initial start up period for evaluation purposes, with a maximum number of eight between the two counties, San Bernardino and Riverside, subject to evaluation and need.  They are encouraging citizens to remove the trees on private property; however, that costs thousands of dollars.  In addition, they do not have the industry support/technical expertise in the mountain areas to remove the trees.  They are working closely with citizen groups on ways of preserving their trees and marketing development for reutilization of the wood products; however, for every logging truck that could remove trees, there are two to three truckloads of slash (tree branches, limbs, etc.) and debris that are not marketable.

        Mr. Aguiar commented that he believed the counties of San Bernardino, Riverside, and San Diego had all requested the Governor to declare a state of emergency for the affected areas, and that monies would then become available to the various agencies to combat this devastation.  Chief O’Keefe responded that the declaration was currently being reviewed by the Governor, but there had not been any confirmation received to date.

        Ms. Verdugo-Peralta and Mr. Silva questioned why there had not been action taken years ago to alleviate this problem, and also what preventative measures are being implemented at this time.  Chief O’Keefe and Chief Turner indicated that in addition to the drought and years of fire suppression, a failure to manage the forest has led to forest densification.  They are focusing more now on forest health and density management, because the fewer the number of trees there are, the healthier the forest; and the healthier a tree is, the more resistant it is to bark beetle.  In addition, they are trying to educate the public as to the necessity of selective thinning for a healthier forest and to get people to cut down trees and shrubs on their private property.  They are not, at this point in time, planning any type of aerial spraying of the areas with pesticides/insecticides.

        Mr. Paulitz inquired as to whether they would be building dirt roads to get to the areas where the dead trees are; and, if so, would there then be a problem with PM10 emissions from those roads.  Mr. Briety responded that, for the immediate future, there will be only minimal road building, and they will look into using a material on top of the road to minimize dust impacts.  As they move into the forest area, they will evaluate the amount of access and will also look at alternatives such as helicopter removal of the material, if it is economical.

        Ms. Carney questioned how confident staff was about the smoke prevention of the air curtain destructors; and she suggested placing a time limit on the open burning permits, such as six months, and then decide, based on how the air curtain destructors work during that six-month period, whether or not the permits should be extended.

        In response, Dr. Wallerstein suggested that the AQMD issue permits, so that they can begin operating the air curtain destructors, but place a condition on the permits for review in three-month increments.  In addition, he would direct some of AQMD’s field resources to closely monitor the situation and work with the affected agencies to try to locate these devices away from homes, hospitals, etc. in order to minimize impacts to community members from particulate and smoke emissions.

ON MOTION OF MR. LOVERIDGE, SECONDED BY
MR. AGUIAR, AND CARRIED UNANIMOUSLY, THE BOARD:  1) AUTHORIZED THE EXECUTIVE OFFICER TO ISSUE BURN PERMITS FOR THE USE OF AIR CURTAIN DESTRUCTORS FOR FIRE HAZARD MITIGATION IN SAN BERNARDINO AND RIVERSIDE COUNTIES, WITH THE CONDITION THAT THE PERMITS BE REVIEWED BY STAFF THREE MONTHS AFTER THE OPEN BURNING COMMENCES AND EVERY THREE MONTHS THEREAFTER TO ENSURE THAT APPROPRIATE MITIGATION MEASURES ARE INCLUDED IN THE PERMITS; AND 2) CERTIFIED THE NOTICE OF EXEMPTION, AS RECOMMENDED BY STAFF.

35.

Adopt Update of Technology Advancement Plan for Clean Fuels Program and Approve Technology Advancement Annual Report

        Henry Hogo, Assistant DEO/Science & Technology Advancement, gave the staff report.  The public hearing was opened, and the Board heard testimony from the following individual.

JOHN BILLHEIMER, Enviro-Reality
        Commented on the following:  1)  While the Clean Fuels Program for 2003 cost projections indicated six percent allocated for stationary, VOC, and toxics; he did not notice any visible current projects to which that allocation could be applied.  2)   The report refers to “black box” emission reductions of 100 tons per day by 2006, but it is not readily visible what program is going to accomplish the reductions in that black box.  3) Raised the issue of a possible conflict between two diverse modes of administration -- that of fee for services, for those in the permit system; and a very difficult administration system for projects that are not in the permit system and do not visibly pay their way.  (Submitted Written Comments.)
 

        There being no further public testimony, the public hearing was closed.
 

ON MOTION OF MR. PAULITZ, SECONDED BY
MS. LaPISTO-KIRTLEY, AND CARRIED UNANIMOUSLY (Absent:  Antonovich and Bernson), THE BOARD ADOPTED RESOLUTION NO. 03-6, FINDING THAT THE UPDATE OF THE TECHNOLOGY ADVANCEMENT PLAN AND ITS PROPOSED PROJECTS DO NOT DUPLICATE ANY PAST OR PRESENT PROGRAMS OF SPECIFIED ORGANIZATIONS; APPROVING THE TECHNOLOGY ADVANCEMENT OFFICE ANNUAL REPORT: 2002, FOR THE CLEAN FUELS PROGRAM; AND ADOPTING THE TECHNOLOGY ADVANCEMENT PLAN: 2003 UPDATE AND INCLUDING IT IN THE AQMD’S CLEAN FUELS PROGRAM, AS RECOMMENDED BY STAFF.
 

36.

Annual RECLAIM Audit Report for 2001 Compliance Year
 

37.

Annual Report for 2002 on AB 2588 Air Toxics “Hot Spots” Program

        Staff waived oral reports on Agenda Items 36 and 37.  The public hearing was opened.  There being no requests from the public to address the Board on this item, the public hearing was closed.

ON MOTION OF MR. AGUIAR, SECONDED BY
MS. LaPISTO-KIRTLEY, AND CARRIED UNANIMOUSLY (Absent:   Loveridge), THE BOARD APPROVED THE ANNUAL RECLAIM AUDIT REPORT FOR 2001 COMPLIANCE YEAR AND RECEIVED AND FILED THE ANNUAL REPORT FOR 2002 ON THE AB 2588 AIR TOXICS “HOT SPOTS” PROGRAM, AS RECOMMENDED BY STAFF.

38.

Amend Prior Staff Recommendation and Award Carl Moyer Memorial Air Quality Standards Attainment Program Funding to Foothill Transit for CNG Public Access Station

        Dr. Wallerstein noted that this item related to a situation where the project proponent decided to withdraw from the project.  Staff, therefore, recommended reallocation so that the AQMD does not lose the state funding that is available.

ON MOTION OF MR. AGUIAR, SECONDED BY
MR. PAULITZ, AND CARRIED UNANIMOUSLY (Absent: Loveridge), THE BOARD APRPOVED AGENDA ITEM NO. 38, AUTHORIZING THE CHAIRMAN TO EXECUTE A CONTRACT WITH FOOTHILL TRANSIT FOR THE INSTALLATION OF A CNG PUBLIC ACCESS FUELING FACILITY, IN AN AMOUNT NOT TO EXCEED $188,710, FROM THE CEC PORTION OF THE CARL MOYER PROGRAM FUNDS, AS RECOMMENDED BY STAFF.

     District Counsel Barbara Baird requested that the Board, by a two-thirds vote, add a closed session item to the agenda regarding an outstanding claim the AQMD had for attorney’s fees against U.S. EPA in prior litigation.  The U.S. EPA made a settlement offer to the District on March 6, 2003, that is only open until March 17, 2003.  Therefore, there is a need for the Board to take action on this item by March 17, 2003.
 

ON MOTION OF MR. CRAYCRAFT, SECONDED BY
MR. AGUIAR, AND CARRIED UNANIMOUSLY (Absent: Loveridge), THE BOARD DETERMINED THAT IT WAS NECESSARY TO ADD AN ITEM TO THE AGENDA UNDER CLOSED SESSION IN THE MATTER OF SCAQMD vs.
U.S. EPA, U.S. DISTRICT COURT CASE NO. CV98-9789; AND THAT THE NEED TO TAKE ACTION AROSE SUBSEQUENT TO THE POSTING OF THE MARCH 7, 2003 BOARD MEETING AGENDA.
 

       The Board recessed to closed session at 10:12 a.m., pursuant to Government Code section 54956.9(a), to confer with counsel regarding SCAQMD v. U.S. EPA, United States District Court Case No. CV98-9789.