27.

Administrative Committee
 

28.

Legislative Committee
 

29.

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

30.

Proposal to Develop White Paper on Regulatory Options for Addressing Cumulative Impacts from Air Pollution Emissions
 

AYES:        Antonovich (except Item #13), Aguiar (except Item
                    #1), Burke (except Item #6), Carney, Craycraft
                    (except Item #1), LaPisto-Kirtley, Loveridge,
                    Paulitz, Silva, Verdugo-Peralta, and Wilson.

NOES:         None.

ABSTAIN:  Antonovich (on Item #13), Aguiar (on Item #1),
                    Burke (on Item #6), and Craycraft (on Item #1).

ABSENT:     Bernson.
 

Items Deferred from Consent Calendar and Board Calendar
 

 9.

Execute Contract for Public EV Charging Equipment and Signage Replacement to Help Coordinate Public Charging With Vehicle Technology and Maintain a Network of Compatible Public Charging

        Ms. LaPisto-Kirtley questioned why staff was only recommending small paddle chargers, when last year the Board approved installation of EV charging stations with both small and large paddles.  She also questioned whether individuals could and were purchasing EVs or whether EV purchases were limited to private fleets, in which case they have their own charging stations.
 

       Dr. Chung Liu, DEO of Science and Technology Advancement, responded that the EV users have commented to AQMD that there is a shortage of the small paddles.  The foreseeable marketing for the EV Toyota RAV 4 -- 200 to 300 to be available in the near future -- will use the small paddle chargers.  The stations where small paddles will be added already have the large paddles in place; the goal is to have both large and small paddles at all of the charging stations.

       With respect to purchasing the EVs, Dr. Liu responded that the incentive program, which just entered its second year, can be used by fleets and individuals to purchase EVs.
 

10.

Execute Agreement and Recognize Revenue from Ford Motor Company for Acquisition of Two CNG-Powered Buses

       Ms. Verdugo-Peralta commented that she had discussed with
Dr. Wallerstein higher utilization of CNG-powered buses so that more school districts could have an opportunity to use the CNG buses, as well as higher visibility and higher utilization of the smaller CNG shuttle bus.

       Dr. Wallerstein indicated that the AQMD would own the two proposed vehicles and would place them on display at fairs and events.  As to the school bus, which is the smaller sized bus used for disabled children, staff plans to build upon the Board’s past vehicle loan program, loaning the vehicle out for two weeks to a month to school districts that have been converting to natural gas.  For the other configuration, which is more of a competitor to a commuter van type of configuration or airport shuttle, staff will seek out other government entities and appropriate entities to loan out that vehicle as well.  This item is more of a demonstration program for Ford to determine the market demand for these two types of vehicles.
 

16.

Issue RFP for Coordination and Assistance with Second International Conference on Air Quality Related Energy Issues and Health Effects

        In response to Ms. Verdugo-Peralta’s comment that she had not received any information as to the results of the previous conference,
Dr. Wallerstein stated that the conference was a great success and he would ensure that Ms.Verdugo-Peralta receive a copy of the report.  Chairman Burke asked that staff provide the two new Board members with copies as well.
 

30.

Proposal to Develop White Paper on Regulatory Options for Addressing Cumulative Impacts from Air Pollution Emissions

       Mr. Joe Lyou, of the California League of Conservation Voters Education Fund, addressed the Board and expressed appreciation to the Board and staff for moving forward with this precedent-setting, complicated, and challenging effort to deal with the issue of cumulative impacts.  He indicated that he had been working on environmental justice issues for many years in Southern California and the issue of cumulative impacts is one of the key items that must be addressed before any substantive progress can be made in reducing the risk to the most impacted communities.

        Commenting that current data on air toxic levels and exposures utilizing the most up-to-date scientific tools would be needed if there was to be any meaningful progress made in evaluating cumulative impacts, Chairman Burke asked that staff begin the preplanning efforts needed in order to provide for a MATES III Study effort within the 2003-04 AQMD budget.
 

31.

Adopt Proposed Rule 1133 – Composting and Related Operations – General Administrative Requirements, Proposed Rule 1133.1 – Chipping and Grinding Activities, and Proposed Rule 1133.2 – Emission Reductions from Co-Composting Operations
 

        Dr. Elaine Chang, DEO of Planning, Rule Development, and Area Sources, gave the staff report.  Three errata sheets were distributed by staff to Board members and copies were made available to the public.  The first errata sheet contained the following revisions in response to comments that staff received from stakeholders.

Last paragraph on Page 3 of the adopting Resolution for PRs 1133, 1133.1 and 1133.2:

“        WHEREAS, the AQMD Governing Board directs staff to work with all the stakeholders through the Composting Technical Advisory Committee to continue to evaluate the development of control methods and technologies for co-composting operations, including any source testing results, long-term effectiveness of biofilters, and alternative sampling and analysis methods that will allow expeditious performance and compliance monitoring, and report the findings to the Stationary Source Committee periodically and to the Governing Board as part of the next phase of rulemaking proceedings for composting operations; and,” 

Subparagraph (j)(1) of PR 1133.2:

“The provisions of subdivisions (d) through (i) of this rule shall not apply to (1)  Agricultural composting operations, greenwaste composting operations, woodwaste composting operations and co-composting operations with a design capacity of less than 1,000 tons of throughput per year, and existing        co-composting operations with a design capacity of less than 35,000 tons of throughput per year containing no more than 20 percent biosolids, by volume.”
 

        The two remaining errata sheets contained the following revisions to
PR 1133.1 suggested by Mr. Craycraft to improve the clarity of the rule.  

Subparagraph (c)(11): 

“NON-CURBSIDE GREENWASTE is any greenwaste that is not collected from receptacles designated for residential household greenwaste.  Curbside greenwaste or mixed greenwaste that is screened and … 

Subparagraphs (d)(2), (3), (4) and (5): 

“(2) Chip and or grind, or use on-site, or remove curbside greenwaste from the site within 3 calendar days of receipt. 

(3) Chip and or grind or remove non-curbside greenwaste from the site within 14 calendar days of receipt. 

(4) Chip and or grind, or use on-site, or remove mixed greenwaste from the site within 7 calendar days of receipt. 

(5) Remove chipped and or ground curbside greenwaste from the site or use chipped and or ground curbside greenwaste on-site within 3 calendar days of being chipped and or ground.
 

        The public hearing was opened, and the Board heard testimony from the following individuals.

SAM YOO, Trans Pacific Consultants

       Expressed support for adoption of the proposed rules as recommended by staff.

PAULA BATES, Colmac Energy

      Expressed appreciation to AQMD staff for visiting the composting facilities and incorporating industry’s input in the rulemaking process.

CRAIG WHAN, Hot Rot Composting Systems

       Commented that preliminary field test results with the large in-vessel composting systems that Hot Rot fabricates show ammonia release levels during active composting that are well below the reduction levels of PR 1133.2.

JOHN LAURENSON, American Bio Tech and The Haskell Company

       Indicated that they have met the emissions caps and ratios in the proposed rules for over 14 years in their processing plants, and believe the rules will not increase the price of disposal, but will, in fact, stabilize the price of disposal.  (Submitted Written Comments.)

GREG ADAMS, Los Angeles County Sanitation Districts, on behalf of Southern California Alliance of POTWs

       Commented that the proposed rules represent aggressive emissions reductions from a limited source category, and that the ability to sustain even current recycling levels was being tested to the ultimate with the proposed rulemaking.  Suggested that the impacts of the rule be carefully monitored to make sure that recycling is not disadvantaged.  Indicated that the proposed rules also push the edge of biofilter technology by requiring an 80 percent reduction in emissions, and expressed SCAP’s uncertainty as to whether or not biofilters in the long term can meet an overall 80 percent all the time.  Expressed appreciation that AQMD staff had agreed to study the issue further with SCAP and revisit the rule if necessary.

PAUL RYAN, Inland Empire Disposal Association

       Commented that although the members of their association have identified few major problems with PR 1133, they have yet to fully understand the long term economic impacts to the waste industry.  Therefore, they see the need to continue their involvement in the development of Rule 1133 as it relates to greenwaste composting, which is vital to the success of all mandated AB 939 recycling programs and must be preserved.

MARSHALL BEEDE, Temescal Valley resident
DIANNA SCHRAMM, Corona resident
MICHELLE RANDALL, Dawson Canyon Residents
JOYCE DELEO, Temescal Driving Range

        Live or work near the Synagro Composting facility, which the County of Riverside has been monitoring as a result of odor complaints in the area.  Expressed appreciation to the AQMD for development of the proposed rules which will require a reduction in emissions in their community from the Synagro facility.  If the Board does not take action, they do not believe there will ever be any action taken by the individual facilities to reduce emissions.

LINDA MOULTON-PATTERSON and STEVEN JONES, California Integrated Waste Management Board (CIWMB)

       Expressed appreciation to staff for their efforts in working with CIWMB and with industry to develop a set of rules that strives to balance mulltimedia concerns while protecting the environment, maintaining a viable composting industry, and supporting local government’s ability to achieve California’s waste diversion mandates.  Indicated that CIWMB is currently completing tests to identify best management practices to reduce compost emissions.  Emphasized that PR 1133’s flexibility in allowing industry several options for reducing emissions is critical.

MARK BULOT, concerned citizen

       Expressed concern that some of the economic and environmental analyses of the proposed rules were not yet complete and the long term impacts of the proposed rules on the management of biosolids was unknown.  Expressed his desire and hope that the high cost of compliance with Rule 1133 does not increase the potential threat to water quality in the long term.

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

        Mr. Loveridge commented that during SCAG’s discussion on the state of the region at its January 9, 2003 meeting, the one category in which there has been improvement is Southern California’s air quality.  He attributed this in part to staff’s rulemaking approach of visiting, listening, talking, and working together with industry and stakeholders to search for solutions and then working on development of rules to accomplish those solutions.
 

        Mr. Craycraft expressed appreciation to CIWMB representatives for their input that the proposed rules would not affect the success of AB 939, which is extremely important to the entire state of California.  Ms. Carney indicated that her earlier concern as to testing and whether or not the proposed percentage reductions would solve the problem was alleviated by the near-unanimity that a good result has been achieved in the development of the proposed rules.
 

Last paragraph on Page 3 of the Resolution:

“WHEREAS, the AQMD Governing Board directs staff to work with all the stakeholders through the Composting Technical Advisory Committee to continue to evaluate the development of control methods and technologies for co-composting operations, including any source testing results, long-term effectiveness of biofilters, and alternative sampling and analysis methods that will allow expeditious performance and compliance monitoring, and report the findings to the Stationary Source Committee periodically and to the Governing Board as part of the next phase of rulemaking proceedings for composting operations; and,”

Subparagraph (j)(1) of Rule 1133.2:

“The provisions of subdivisions (d) through (i) of this rule shall not apply to

(1) Agricultural composting operations, greenwaste
           composting operations, woodwaste composting
           operations and co-composting operations with a design
           capacity of less than 1,000 tons of throughput per year,
           and existing co-composting operations with a design
           capacity of less than 35,000 tons of throughput per
           year containing no more than 20 percent biosolids,
           by volume.”
 

Subparagraph (c)(11) of Rule 1133.1:

“NON-CURBSIDE GREENWASTE is any greenwaste that is not collected from receptacles designated for residential household greenwaste.  Curbside greenwaste or mixed greenwaste that is screened and …”

Subparagraphs (d)(2), (3), (4) and (5) of Rule 1133.1:

“(2) Chip and or grind, or use on-site, or remove curbside
        greenwaste from the site within 3 calendar days of
        receipt.

(3) Chip and or grind or remove non-curbside greenwaste
       from the site within 14 calendar days of receipt.

 (4) Chip and or grind, or use on-site, or remove mixed
        greenwaste from the site within 7 calendar days of
        receipt.

 (5)   Remove chipped and or ground curbside greenwaste from
      the site or use chipped and or ground curbside greenwaste
      on-site within 3 calendar days of being chipped and or
      ground.”

THE MOTION WAS SECONDED BY MS. LaPISTO-KIRTLEY, AND CARRIED UNANIMOUSLY (Absent:  Antonovich, Bernson, Paulitz, and Wilson).
 

32.

Amend Rule 1401 - New Source Review of Toxic Air Contaminants, and Report on Impacts Relative to Sources Subject to Rule 1402 - Control of Toxic Air Contaminants from Existing Sources

       Dr. Wallerstein indicated that the proposed amendments were administrative in nature; however, there was additional material that staff wanted to include before the Board takes action on the item.  Therefore, staff recommended that the public hearing be continued to the February 7, 2003 Board meeting.

Written Comments Submitted by:
Ms. Ernestine Barrett
 

       The Board recessed to closed session at 10:32 a.m., pursuant to Government Code section 54956.9(c), to confer with its counsel to decide, based on existing facts and circumstances, whether to initiate litigation (2 cases).