SUMMARY MINUTES OF THE
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT
FRIDAY, April 4, 2003

Notice having been duly given, the regular meeting of the South Coast Air Quality Management District Board was held at District Headquarters, 21865 Copley Drive, Diamond Bar, California. Members present:

William A. Burke, Ed.D., Chairman (left at 9:50 a.m.)
Speaker of the Assembly Appointee

Supervisor Michael D. Antonovich (arrived at 9:15 a.m.)
County of Los Angeles

Ms. Jane W. Carney
Senate Rules Committee Appointee

Councilmember William S.Craycraft
Cities of Orange County

Councilmember Beatrice J. S. LaPisto-Kirtley
Cities of Los Angeles County - Eastern Region

Councilmember Leonard Paulitz
Cities of San Bernardino County

Supervisor James W. Silva
County of Orange

Ms. Cynthia Verdugo-Peralta
Governor’s Appointee

Members absent:

Supervisor Fred Aguiar
County of San Bernardino

Councilmember Hal Bernson
Cities of Los Angeles County - Western Region

Mayor Ronald O. Loveridge
Cities of Riverside County

CALL TO ORDER: Chairman Burke called the meeting to order at 9:05 a.m.

  • Pledge of Allegiance: Led by Ms. Carney.
  • Opening Comments

      Barry R. Wallerstein, D. Env., Executive Officer. 1) Announced that a prototype mid-size hybrid electric fuel cell bus was on display at AQMD Headquarters and encouraged Board members to participate in the ride along demonstration. 2) Indicated that at Chairman Burke’s request, and in response to several items brought up at recent breakfast forums, he would be providing a report to the Board within approximately 30 days on the AQMD’s recent rulemaking concerning dry cleaning operations.

(Mr. Antonovich arrived at 9:15 a.m.)

  • Presentation of Retirement Awards to Robert Shaw and John Quickley

      Chairman Burke presented retirement awards to Robert Shaw, Air Quality Instrument Specialist II, and John Quickley, Air Quality Instrument Specialist I, in recognition of 26 years each of District service.

  • Presentation of Commendation Award to Gary Burton

      Supervisor Silva presented former AQMD employee Gary Burton with a commendation award in appreciation of his 13 years of District service, noting that Mr. Burton was also a founding member of the AQMD’s Investment Oversight Committee.

  • Swearing In of Reappointed Board Member

      Chairman Burke administered the oath of office to Cynthia Verdugo-Peralta, who was reappointed to the Governing Board by Governor Davis, for a term ending on January 15, 2007.

CONSENT CALENDAR
 

 1.

Minutes of March 7, 2003 Board Meeting
 

 

 2.

Set Public Hearings May 2, 2003 to Consider Amendments and/or Adoption to AQMD Rules and Regulations:

(A) Amend Rule 109 - Recordkeeping for Volatile Organic
      Compound Emissions

(B) Adopt Proposed Rule 1105.1 - Reduction of PM10 and
      Ammonia Emissions from Fluid Catalytic Cracking Units

(C) Amend Regulation III - Fees

(D) 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
 

 

 3.

Execute Contracts to Develop Production of LNG Fuel in South Coast Air Basin
 

 

 4.

Execute Contract to Conduct Reactivity and Availability Studies for VOC Species used in Architectural Coatings and Mobile Source Emissions
 

 

 5.

 Execute Contract for Maintenance and Management Services for Fast Fill Compressed Natural Gas Fueling Station at AQMD Headquarters
 

 

 6.

Execute Contracts for Stationary Fuel Cell Demonstrations in South Coast Air Basin
 

 

 7.

Authorize Executive Officer to Expand Contract List for Installation of Microturbines with Firm Previously Selected through an Open Bidding Process and Have Microturbine Manufacturer Reset Warranties and Upgrade Units for UL Listings
 

 

 8.

Approve Expenditures for Activities and Projects Selected by California Natural Gas Vehicle Partnership During FY 2003-04, and Reallocate Budget for FY 2002-03
 

 

 9.

Recognize Funding from U.S. EPA and Appropriate Funds to Execute Contract with Port of Long Beach to Retrofit Yard Equipment with Diesel Oxidation Catalysts
 

 

10.

Recognize, Appropriate and Reallocate Funds for PM2.5 Program
 

 

11.

Issue RFQs to Purchase Oxides of Nitrogen Analyzers for Air Monitoring Network and Various Laboratory Instruments
 

 

12.

Amend Contracts to Provide Short- and Long-Term Systems Development and Support Services

Staff recommended that this item be continued to the May 2, 2003 Board meeting
 

 

13.

Issue RFP for Management Firm to Operate Diamond Bar Headquarters Cafeteria
 

 

14.

Authorize Purchase of Digital Signal Processing Upgrades for AQMD Radar Wind and Temperature Profiler Network
 

 

15.

Approve General Work Plan and Criteria for Brain Tumor and Air Pollution Foundation
 

 

16.

Interim Report on Implementation of Environmental Justice Enhancements
 

 

17.

Public Affairs Report
 

 

18.

Hearing Board Report
 

 

19.

Civil Filing and Civil Penalties Report
 

 

20.

Lead Agency Projects and Environmental Documents Received by AQMD Between February 1, 2003 and February 28, 2003
 

 

21.

Rule and Control Measure Forecast
 

 

22.

This item was withdrawn by staff.
 

 

23.

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

 

24.

Report of RFPs and RFQs Scheduled for Release in April

         Items 2B, 4, 8 and 15 were held for discussion.

         ON MOTION OF DR. WILSON, SECONDED BY
         MR. PAULITZ, AND CARRIED UNANIMOUSLY (Absent:
         Aguiar, Bernson, and Loveridge), THE BOARD APPROVED
         AGENDA ITEMS 1, 2(A), 2(C) AND 2(D) THROUGH 25,
         AS RECOMMENDED BY STAFF.
 

 

25.

Items Deferred from Consent Calendar
 

 

  2(B)

Set Public Hearing May 2, 2003 to Adopt Proposed Rule 1105.1 - Reduction of PM10 and Ammonia Emissions from Fluid Catalytic Cracking Units

           Ms. Carney commented that the Ad Hoc Refinery Committee, on which she and Mr. Paulitz serve as the Board’s representatives, have met several times regarding Proposed Rule 1105.1, but have yet to reach a consensus.  She suggested postponing the hearing to the June 6, 2003 Board meeting, by which time the Committee may have reached a consensus on the rule.

           Mr. Jeff Callendar, of Conoco Phillips and WSPA, expressed his appreciation to the Board for postponing the hearing date and his optimism that WSPA can reach agreement with the AQMD on an acceptable rule.
 

 

MS. CARNEY MOVED TO SET THE PUBLIC HEARING ON PROPOSED RULE 1105.1 FOR JUNE 6, 2003.  THE MOTION WAS SECONDED BY MS. LaPISTO-KIRTLEY, AND CARRIED BY THE FOLLOWING VOTE:

AYES:        Antonovich, Carney, Craycraft, LaPisto-Kirtley,
                   Paulitz, Silva, Verdugo-Peralta, and Wilson.

NOES:        None.

ABSTAIN:  Burke.

ABSENT:    Aguiar, Bernson, and Loveridge.
 

  4.

Execute Contract to Conduct Reactivity and Availability Studies for VOC Species used in Architectural Coatings and Mobile Source Emissions

          Mr. John Billheimer, of Enviro-Reality, expressed his concern that the studies would be limited to architectural coatings and mobile source emissions only, and not include stationary sources.

          Noting that the proposal for this item includes the study of specific VOC species in conjunction with urban mixtures, including VOC emissions from mobile, stationary and area sources,
 

 

MR. PAULITZ MOVED APPROVAL OF AGENDA ITEM 4, AUTHORIZING THE CHAIRMAN TO EXECUTE A CONTRACT TO CONDUCT REACTIVITY AND AVAILABILITY STUDIES FOR VOC SPECIES USED IN ARCHITECTURAL COATINGS AND MOBILE SOURCE EMISSIONS.  THE MOTION WAS SECONDED BY MS. CARNEY, AND CARRIED UNANIMOUSLY (Absent:  Aguiar, Bernson, and Loveridge).
 

  8.

Approve Expenditures for Activities and Projects Selected by California Natural Gas Vehicle Partnership During FY 2003-04, and Reallocate Budget for FY 2002-03
 

15.

Approve General Work Plan and Criteria for Brain Tumor and Air Pollution Foundation

          In response to Ms. LaPisto-Kirtley, Dr. Wallerstein indicated that expenditures for professional services for both items would be for outside consultants; and he agreed to provide the Board with updates on accomplishments for both items.
 

 

ON MOTION OF MS. LaPISTO-KIRTLEY, SECONDED BY
DR. WILSON, AND CARRIED UNANIMOUSLY (Absent: Aguiar, Bernson, and Loveridge), THE BOARD APPROVED AGENDA ITEMS 8 AND 15, AS RECOMMENDED BY STAFF.

BOARD CALENDAR

26.

Administrative Committee
 

 

27.

Legislative Committee
 

 

28.

Mobile Source Committee
 

 

29.

Stationary Source Committee
 

 

30.

Technology Committee
 

 

31.

Mobile Source Air Pollution Reduction Review 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.)

ON A MOTION DULY MADE AND SECONDED, AND CARRIED UNANIMOUSLY (Absent:  Aguiar, Bernson, and Loveridge), THE BOARD RECEIVED AND FILED AGENDA ITEMS 26 AND 28 THROUGH 32, AS RECOMMENDED.
 

  

27.

Legislative Committee

      The following individuals addressed the Board to comment on the Environmental Surcharge on Alameda Corridor/Port Activities.

SHARON RUBALCAVA, of Weston, Benshoof, Rochefort, Rubalcava & MacCuish LLP, on behalf of the Alameda Corridor Transportation Authority (ACTA)

Expressed opposition to imposing an environmental surcharge on the Alameda Corridor and port activities because:  (1)  Such fees would cause harm to the local economy and would be detrimental to air quality by the declined use of the Corridor, resulting in increased use of trucks and increased congestion on already heavily congested freeways; and (2)  Additional fees on containers, trucks, or trains will increase the cost of all cargo into and out of the United States and could drive trade out of the ports of Los Angeles and Long Beach to other ports in California and on the west coast.  (Submitted Written Comments)

THOMAS JOHNSON, Port of Long Beach

Expressed his concurrence with the comments by Ms. Rubalcava.  Further, expressed his belief that the proposal does not identify how the revenues from the surcharge would be used to reduce port-related emissions, and recommended that staff work with the Port of Long Beach, Port of Los Angeles and ACTA to identify specific achievable emission reductions, not just fee collection measures.

GAIL RUDERMAN FEUER, on behalf of the Natural Resources Defense Council and the Coalition for Clean Air

Expressed support for imposing an environmental surcharge on the Alameda Corridor and port activities; and commented that further work is necessary to determine how a fee-based structure would be imposed, and how it would be matched by actual measures to reduce pollution at the ports.

In response to Ms. Carney’s comment that legislative proposals do not go through the same kind of working group process as rules, regulations, and other items at AQMD, Dr. Wallerstein stated that the proposed legislation would grant the Board the authority to adopt a mitigation fee; and the mitigation fee would then go through all of the normal processes.

Chairman Burke, Mr. Antonovich, and Mr. Paulitz commented on the impacts throughout the entire region from increased traffic congestion, increased idling of vehicles, and increased vehicle emissions because of the Alameda Corridor and port activities.  Dr. Wallerstein responded that the legislation would give the Board the authority to direct those dollars to appropriate projects to mitigate the pollution impacts throughout the AQMD’s jurisdiction.

Mr. Antonovich emphasized that just as a polluter upstream is responsible if the pollution goes downstream, this Corridor is responsible for the pollution it is generating downstream; not only in Los Angeles County, but in the other counties as well.  He expressed his belief that the proposed legislation is a fair and responsible approach to ensure mitigation of the additional emissions and traffic congestion being created by the Alameda Corridor.
 

 

ON MOTION OF MR. ANTONOVICH, SECONDED BY
MS. LAPISTO-KIRTLEY, AND CARRIED UNANIMOUSLY (Absent: Aguiar, Bernson, and Loveridge), THE BOARD APRPOVED AGENDA ITEM 27, ADPOPTING THE FOLLOWING POSITIONS ON PROPOSALS AND LEGISLATION, AS RECOMMENDED:

Legislative Analyst Proposal for CARB Emission Fee
 		   OPPOSE
Environmental Surcharge on Alameda Corridor/Port Activities
 		   SUPPORT
AB 740 (Pavley) – Clean Air, Clean Water, and Costal Protection Act of 2004   SUPPORT air
  quality provisions;
  SEEK AMENDMENTS
  to clarify grant
  administration &
  funding priorities
 
AB 854 (Koretz) and AB 998 (Lowenthal)
 –  Dry Cleaning		   SUPPORT and work
  with authors on
  details of the legislation

BOARD CALENDAR (Continued)

33.

Guidance for Staff Testimony and Comment Regarding Potential Health Risks
 

 

 

ON MOTION OF MR. CRAYCRAFT, SECONDED BY
MR. PAULITZ, AND CARRIED UNANIMOUSLY (Absent: Aguiar, Bernson, and Loveridge), THE BOARD APRPOVED AGENDA ITEM 33, AS RECOMMENDED BY STAFF.
 

34.

Status Report and Public Comments on Draft 2003 AQMP

        District Counsel Barbara Baird indicated that the purpose of this item was to allow the public to provide testimony on the Draft 2003 AQMP only.

 

(Chairman Burke left at 9:50 a.m., at which time Vice Chairman Wilson chaired the meeting)

 

The Board heard public testimony from the following individuals:

JAMES BARTHOLOMEW of J.O.B. Associates

Recommended the use of HFC-152a as an alternative to hydrocarbons in order to achieve VOC emission reductions in the manufacture and distribution of extruded polystyrene foam in the food service/packaging industry.  Stated that the use of hydrocarbon as a blowing agent in this application emits approximately 50,000 tons per year of VOCs within the United States.  Extensive trials with several companies have determined that HFC-152a, a non-ozone depleting and non-regulated VOC, performed well as a blowing agent in this process.  (Submitted Written Comments)

Dr. Tisopulos responded that staff is evaluating this proposal, and if it proves to be feasible and cost effective technology, staff will bring a proposal to the Board.

BILL QUINN, California Council for Environmental and Economic Balance

Expressed concern with the significant reductions still needed to achieve the standards, and encouraged staff to continue to work with all the regulated community and other stakeholders to find the most efficient means possible to attain these goals.

CURTIS COLEMAN, Attorney, on behalf of the California Manufacturers and Technology Association Southern California Air Quality Alliance

Expressed belief that AQMD has more than met its share of emission reductions that it committed to in the last AQMP, and that the other agencies will continue to fall short and will expect the AQMD to make up the emissions from stationary sources.

Mr. Quinn and Mr. Coleman both emphasized the need for the responsible agencies such as CARB and EPA to fulfill their obligations to provide “black box” emission reductions from mobile sources.

GAIL RUDERMAN FEUER on behalf of NDRC and the Coalition for Clean Air

Urged the Board to direct staff to strengthen the 2003 AQMP.  Expressed belief that the AQMD can do significantly better than the proposed 16.9 tons per day of VOC reductions for the year 2003, and also for the proposed figures for years 2004 through 2007.  Suggested that the AQMD develop more short-term measures such as more mobile source measures, more measures addressing the ports, fleet rules, and review of possible rules related to yard tractors.  (Submitted Written Comments)

HARVEY EDER, Public Solar Power Coalition

Commented on the benefits to air quality in utilizing/converting to solar energy and hydrogen fuel cell technology.

LINDA AGUIRRE AND FERNANDO DIAZ, Coachella Valley Unified School District (CVUSD)

Stated that CVUSD is located in a rural desert area in the eastern Riverside County that covers a large area and transports nearly all of its student population during the regular school year and over one-third during the summer school program.  In consideration of future growth, CVUSD anticipates that it will need at least ten additional buses to cover new routes; and, presently, there are no funds available for this need.  Additionally, the California Highway Patrol could shut down the high school transportation system because of overcrowding and safety issues.  Because there are no CNG fueling stations within a five-mile radius of the transportation department, CVUSD requested an exemption, with the understanding that it will replace the ten buses with CNG buses when the new CNG infrastructure is in place, providing that does not financially impact its district.

The following individuals commented specifically on CARB’s Control Measure Off-Road LSI-3:

MARY REYNOLDS, PETER WEINER, and GREG GILBERT,
     Western Propane Gas Association (WPGA)
PATRICIA SLINGERLAND, Impco Technologies

Expressed the following concerns regarding the elimination of propane on forklifts with alternative electrification.

  • There would be severe economic impacts to the propane industry from the shutdown of businesses, including the associated employee layoffs.

  • Other industries that would be affected include the associated distribution and warehousing industries.  If the measure goes forward, the economic impacts to the propane industries will also impact state and local governments.

  • If the propane industries relocate, there will be additional consequences in term of vehicle miles traveled to distribute goods and services in this state.

  • Would require the construction of facilities for storage of batteries as well as recharging stations, which will amount to additional costs to companies.

  • The electric forklift application cannot meet the needs of large facilities that use their forklifts 24 hours per day/7 days per week.

  • Would impose additional strain on California’s already over taxed electrical system.

  • Companies would be forced to move out of California into other areas where they can still use the forklift of choice, which is propane powered.

WPGA representatives indicated that, while working with Dr. Allan Lloyd and CARB staff, it was acknowledged that previously projected emissions were flawed and should actually be approximately 60 percent less than the measure indicates.  Further data has been provided to assist in the emissions re-evaluation, and electrification cost data and other data associated with the CEQA analysis will also be provided.  Requested that staff relate to CARB the issues and information provided, and suggested a re-evaluation of this measure by CARB.

 

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

 

BILL McKINNEY, Temecula Valley Unified School District and Temecula, Elsinore and Marietta Transportation Co-op

Expressed his concern that Rule 1195 might be amended without input from the school bus industry.  Requested that the Board thoroughly investigate, review and include all technical information and input from the parties involved in the decision making process.  Stated that school districts in California are experiencing severe budget crises, including possible layoffs and elimination of school bus routes in his district.  Emphasized that consideration of all apparent and indirect risks for the children needs serious thought.

HARVEY EDER, Public Solar Power Coalition

         Commented on the economic incentives of the solar cell buydown program offered by the City of Los Angeles and stated the goal of installing 100,000 systems in the City of Los Angeles by 2010.

 

ADJOURNMENT

 

         The meeting was adjourned by Vice Chairman Wilson at 10:45 a.m., to April 25, 2003, at 1:00 p.m., for the purpose of conducting a Board Workshop on the Executive Officer’s FY 2003-04 Draft Budget and Work Program and Proposed Amendments to Regulation III - Fees. The workshop will be held at AQMD Headquarters, in Conference Room CC8.

  
 

         The foregoing is a true statement of the proceedings held by the South Coast Air Quality Management District Board on April 4, 2003.

  
 

Respectfully Submitted,
 

ROSALINDA DIAZ
Acting Senior Deputy Clerk

  

Date Minutes Approved: _________________________

____________________________________________
                   Dr. William A. Burke, Chairman

    

ACRONYMS

CARB = California Air Resources Board
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
NOx = Oxides of Nitrogen
PR = Proposed Rule
RFP = Request for Proposals
RFQ = Request for Quotations
SIP = State Implementation Plan
VOC = Volatile Organic Compound
PM10 = Particulate Matter < 10 microns
WSPA = Western State Petroleum Association
NOx = Oxides of Nitrogen
PR = Proposed Rule
RFP = Request for Proposals
RFQ = Request for Quotations
SIP = State Implementation Plan
VOC = Volatile Organic Compound



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