July 14, 1995
South Coast Air Quality
Management District Board
The Interagency AQMP Implementation Committee met June 22, 1995, at the
Diamond Bar Headquarters. The IAIC discussed the following items: the activities
of its Technical Advisory Committee, including Proposed Regulation 21; the status of the 1994 Air Quality Management Plan; Proposed Rules 1612 and 1620; the Grand Canyon Visibility Transport Commission; the ARB Staff Report on AB 2766 Spending Guidelines; local government outreach activities; Public Advisor Office activities; and the AB 2766 Discretionary Fund Process. Attached is a summary (Attachment 1) and an attendance record (Attachment 2) of the June 1995 meeting.
Primarily, the IAIC focused on two key issues: 1) Proposed Regulation 21 which is scheduled for an August Board hearing; and 2) the ARB staff report on AB 2766 Spending Guidelines. Specifically, the IAIC recommended that the Governing Board include an exemption in Regulation 21 that the rule requirements would be suspended in a state of emergency. In addition, the IAIC took exception to the inferences in the ARB staff report and sent a letter to ARB Chairman John Dunlap voicing its concerns. This letter signed by me as the IAIC Chairman is attached (Attachment 3) for your information.
The next IAIC meeting is Thursday, August 24, 1995, at 10 a.m. in AQMD Board Conference Room CC8.
THEREFORE, IT IS RECOMMENDED THAT THE BOARD
--Receive and file this report.
Respectfully,
Supervisor Jon Mikels
Chair, Interagency AQMP
Implementation Committee
JM:TE:LR:DAR
Attachments (3)
(IAICBDLT/JN95SMRY)
INTERAGENCY AQMP IMPLEMENTATION COMMITTEE
SUMMARY OF JUNE 22, 1995, MEETING
The Interagency AQMP Implementation Committee met on Thursday, June 22, 1995, at 10 a.m. Supervisor Jon Mikels chaired the IAIC meeting. Twelve of 21 members were in attendance.
The Committee discussed the following agenda items:
Approval of April 27, 1995, Minutes
Councilmember Judy Wright commented that page 6 of the minutes under the item entitled "Update on the AB 2766 Discretionary Fund Process" incorrectly stated that she had reservations about one of the proposed funding categories for the Fiscal Year 1995-97 AB 2766 Discretionary Work Program. Actually, she whole-heartedly supports the Regional Transit Database category, but simply wanted clarification as to the problems MTA supposedly had with the project.
On motion by Councilmember Judy Wright, and seconded by Councilmember Thomas Wilson, the minutes were approved, with the change on page 6 as noted by Councilmember Wright.
Report by TAC Chairman on Technical Advisory Committee Meeting
In the absence of TAC Chair Jim Stahl, Greg Adams of the Los Angeles County Sanitation Districts, reported on the TAC's June 22 meeting. In reporting on those items dissimilar to the IAIC agenda, Mr. Adams stated that staff member Mel Zeldin briefed the TAC on the PM10 Task Force. Rather than detail the discussion, he recommended that Mr. Zeldin give the same presentation to the IAIC at its next meeting. ACTION: The IAIC asked that staff provide such a PM10 Task Force presentation to the Committee on August 24.
Mr. Adams reported that the TAC also discussed the BACT Scientific Review Committee's efforts. With the exception that toxics is still included in the BACT document, he reported that the IAIC's concerns with the draft Methodology Report have mostly been addressed by staff. The final Methodology Report will be presented to the AQMD Board in August.
In addition, the TAC convened a special Title V working group to focus primarily on the variance issue. In addition, a special subcommittee of prominent attorneys, which the TAC recommends include local government representatives, was convened to work with EPA to develop a mechanism to incorporate some type of variance procedure into the Title V Federal Operating Program. At this time, however, EPA has stated that it will not approve AQMD's Regulation 30 if it includes any variance language.
Last, and most important, Mr. Adams reported that the TAC discussed Proposed Regulation 21 which will regulate portable equipment when it enters the South Coast Air Basin. The proposed regulation conforms with CAPCOA's statewide model rule in an attempt to standardize requirements across individual participating air districts throughout the state. However, although there are many benefits in the rule, the TAC believes the rule will limit the availability of portable equipment for emergencies because the rule would still require that equipment coming into the Basin must comply with all AQMD rules and regulations, which are the most stringent in the state. If there is a large-scale earthquake, rainstorms, or other emergencies, where essential public services need emergency generators or other portable equipment, because of the rule limitations, the rental yards may not even bother to stock the equipment for this market. He has spoken with Bill Fray about these concerns, but staff does not agree with the TAC's analysis. In fact, staff believes that most of the equipment has already permitted in the Basin. However, the TAC has indicated that there is documentation available supporting the theory that there has been insufficient equipment during past emergencies. Currently, there is disagreement, but staff has informed the TAC that additional revised rule language is being developed.
In regards to Proposed Regulation 21, Mayor Phyllis Papen urged the Board to direct staff to suspend rules during states of emergency so that local governments can deal with such situations without fear of reprisals.
Greg Adams explained that although AQMD staff has assured essential public services that they will work with them during emergencies, the TAC believes that the equipment itself will not be available because the rule will drive the market to provide less equipment.
Barbara Baird, AQMD Assistant District Counsel, reported that the Public Advisor's office is spearheading an effort to address states of emergency which may be incorporated into Regulation VII. ACTION: She assured the IAIC that Public Advisor staff working on this issue would be apprised of the Committee's concerns.
Councilmember Thomas Wilson commented that rules are waived in private corporations during emergencies, and he suggested that the AQMD do the same during emergencies.
Board Member Jon Mikels replied that the Board would be in support of such a rule waiver if the details could be worked out satisfactorily.
Councilmember Judy Wright commented that there is a legal definition of a state of emergency which could be used for such a rule waiver. However, although she supports a rule suspension, she believes that the need for the emergency equipment will drive the market and that it will be there when needed.
On motion by Councilmember Thomas Wilson, and seconded by Councilmember Judy Wright, since the IAIC will not have another opportunity to consider Regulation 21 prior to its August public hearing, the Committee recommended that the Governing Board include an exemption in Proposed Regulation 21 that the rule requirements would be suspended in a state of emergency.
Status of 1994 Air Quality Management Plan
Henry Hogo, AQMD Manager/Air Quality Evaluation & Modeling, reported on the status of the 1994 Air Quality Management Plan. When the 1994 AQMP was adopted, the Board directed staff to forward to ARB only that portion of the Plan designed to achieve the Ozone standard. In addition, the the Board directed staff to re-examine pending state and federal actions on control strategies and propose plan amendments if applicable. The Board also directed staff to re-examine EMFAC 7G which was to be completed already but has now been delayed until Fall 1995 at the earliest. However, at this time the only significant factor affecting the 1994 AQMP has been the adoption of the State Implementation Plan. The SIP replaced 16 on-road and off-road mobile source measures in the AQMP and 2 stationary source measures dealing with consumer products and pesticides. The SIP also contained enough emissions reductions that it may replace all FIP measures for this Basin. Although ARB did not take action on the comprehensive portion of the AQMP, it approved the remaining stationary source measures in the AQMP, including the transportation control and indirect source measures. Mr. Hogo briefly highlighted some of the 16 measures incorporated into the SIP, including M1 (light-duty scrappage) and M7 (heavy-duty scrappage). He noted that the details and funding mechanisms for the scrappage measures have yet to be worked out by the state.
Councilmember Judy Wright commented that Japan's motor vehicle registration fee system is the reverse of the U.S.'s. Specifically, an owner pays more as the car gets older versus paying less. She wondered if the option had ever been considered by California. Alan Lloyd, AQMD Chief Scientist, replied that the issue is being considered by the Market Incentives Task Force.
In conclusion, staff believes that the AQMP does not need to be amended until its regular amendment cycle in 1987.
Overview of Proposed Rules 1612 and 1620
Henry Hogo reviewed Proposed Rules 1612 (Credits for Clean On-Road Vehicles from passenger vehicles to heavy-duty trucks and buses) and 1620 (Credits for Clean Off-Road Mobile Equipment of 175 or greater horsepower). He explained that both rules are similar administratively and are voluntary rules to allow greater flexibility for stationary sources to meet other air quality compliance requirements (e.g., RECLAIM, Regulation XI or New Source Review). He explained how credits can be generated, issued and used. In conclusion, Mr. Hogo reviewed the rulemaking schedule for both rules, with the public hearing in either September or October 1995.
Greg Adams commented that the TAC supports both rules and would like the applicability of the mobile source emissions reduction credits applied to a broader range of options, perhaps including variances.
Report on Grand Canyon Visibility Transport Commission
Dr. Alan Lloyd reviewed a fact sheet on the Grand Canyon Visibility Transport Commission which was established following passage of the 1990 Clean Air Act amendments to ensure visibility improvement in the 16 parks and wilderness areas on the Colorado Plateau. Dr. Lloyd also showed an informative video on the Commission's mandate and progress. The Commission's final report, which must be submitted to EPA by November 15, 1995, will probably demonstrate that all regions are connnected, but will probably not result in any greater controls on sources in this Basin despite the fact that the East is still pointing toward California as the producer of the emissions. However, there is the possibility that the Clean Air Act will be opened again, in which case the debate will begin anew.
Discuss ARB Staff Report on AB 2766 Spending Guidelines and Develop Comments for Submittal to ARB
Larry Rhinehart, AQMD Intergovernmental Affairs Officer, reported that ARB staff recently released its AB 2766 report which will be submitted to the State Legislature. He highlighted key points in the report, specifically: 1) page 8 as to how the program was evaluated; 2) page 15 on fees as a percentage of air district budgets (based solely on the portion subvened to the AQMD which is unique to the South Coast and Bay Area AQMDs; 3) page 19 on local government expenditures to date; and 4) page 30 outlining expenditures or obligations of revenues by air districts and South Coast local governments, which reflects that revenues were underspent until the last year at which time they exceeded 100%. Mr. Rhinehart noted that the ARB Board will be convening a hearing on June 30 in Sacramento to consider the staff report for forwarding to the Legislature.
Next, Mr. Rhinehart commented on the six AB 2766 workshops already convened for local governments in the Basin, which the AQMD is hopeful will resolve some of the criticism against the program. He also apprised the Committee of the next two workshops on June 28 and July 12.
At the request of Board Member Jon Mikels, Mr. Rhinehart noted that the types of projects funded are listed beginning on pages 24 and 35. Roberta Hughan, ARB representative on the IAIC, explained that the Bay Area's 40% of AB 2766 revenues are subvened to nine Congestion Management Associations which have in turn funded only eight types of projects, all of which have had direct emission reduction benefits.
Mr. Rhinehart also noted that ARB staff's conclusions begin on page 55. It is interesting to note that except for only one exception (not within the AQMD), all of the monies were correctly spent on mobile source reduction projects over the last four years of the program.
Councilmember Judy Wright commented that local governments banked the monies until there was sufficient revenues to fund a significant project, but the staff report does not adequately explain this planning effort.
Mr. Rhinehart also reported that ARB staff selected several projects, including five from the South Coast AQMD (four MSRC-funded and one local government funded), to evaluate overall effectiveness as outlined on page 26 in the report. The analysis reflected that the projects funded in this area were cost-effective in reducing emissions reductions.
Roberta Hughan noted that Appendix D-1 outlines the four proposed criteria and guidelines for use by the air districts and other recipients which shall be considered by the ARB Board on June 30.
In reference to the statement on page 57 suggesting that a large portion of the projects have not been cost-effective, visiting Board Member Soto expressed concern that the Legislature will interpret the report as justification to remove the funding since the revenues are not being utilized properly.
Councilmember Judy Wright commented that local government concerns are not really reflected in the staff report. Local governments, in fact, are aware of the types of projects which can be funded. This awareness should be reflected in the report.
Board Member Soto agreed with Councilmember Wright's statement. She takes issue with the inferences that the cities don't know what to do with the monies.
Councilmember John Cox suggested that the IAIC prepare a letter reviewing its concerns for submittal to the ARB. Lillian Kawasaki agreed. She commended Ms. Hughan on her efforts in preparing the report. However, on the other hand, she believes that the recommmendations need further clarification. Although local governments are not opposed to having specific criteria, the report's tone suggests that the monies are being mis-used. Most importantly, the cities want to retain flexibility.
On motion by Councilmember John Cox, and seconded by Lillian Kawasaki, the IAIC asked that staff draft a letter from the Committee to the ARB expressing the IAIC's concerns and suggested revisions.
ACTION: The Committee asked that staff draft the letter and fax it to all members for comment prior to seeking Jon Mikels' signature as IAIC Chairman.
Report on Local Government Outreach Activities
Larry Rhinehart reported that Intergovernmental Affairs has developed new workplans for Fiscal Year 1995-96, which includes appearing before every city council in the four counties. He noted that his area of jurisdiction includes San Bernardino, Riverside and Orange Counties, and Oscar Abarca oversees Los Angeles County. The workplan also includes interaction with all state legislative representatives and two presentations per month to Leagues of Cities and other regional agencies and one presentation to school boards per month.
Monthly Progress Report on Public Advisor Office Activites
The agenda package included the Public Advisor's Monthly Activity Report for May 1995. Due to lack of time, no additional information was provided orally.
The IAIC received and filed the above report for May 1995.
Update on AB 2766 Discretionary Fund Process
The agenda package included the latest report to the AQMD Governing Boarad on the AB 2766 Discretionary Fund Program.
In addition, Larry Rhinehart reported that the MSRC is scheduled to approve funding categories and the release of Requests for Propaosals for a two-year, $25 million program for Fiscal Years 1995-97 at its meeting later today (June 22). These funding categories include a $7 million Electric Vehicle "Quick Charge" Program. ACTION: Mr. Rhinehart also reported that the MSRC will be releasing a brochure on the funding categories, which he would ensure was sent to all IAIC members.
Councilmember John Cox commented that just as there are to be challenges to the EV mandates, so he understands there will be a challenge to the MSRC's EV Quick Charge Program by the Californians Against Hidden Taxes and WSPA. However, he believes that the MSRC's program is positive and will benefit transportation commissions and other governmental agencies.
There being no further business, the IAIC meeting adjourned at 12:10 p.m.
[Prepared by Drue Ramirez, CPS]