Report:

Stationary Source Committee

Synopsis:

The Stationary Source Committee met on Friday, April 18, 1997. Following is a summary of that meeting. The next Stationary Source Committee meeting will be held on May 23, 1997, at 10:30 a.m., in Conference Room CC8.

Recommended Action:

Receive and file this report.

Mee Hae Lee
Chair, Stationary Source Committee

Attendance

The meeting began at 11:14 a.m. Present were Committee Vice Chair Nell Soto, and Committee Members James Silva, Ron Loveridge, and Norma Glover. Absent were Committee Chair Mee Hae Lee and Committee Member Marvin Braude. Present but not voting was Board Member Cody Cluff.

Summary

The Committee reviewed the items on their agenda (attached). Comments were noted on the following items:

1. AQMD Response to the EPA Inspector General Compliance Audit

Assistant Deputy Executive Officer Carol Coy briefed the Committee regarding the audit activities and explained that the audit mainly examined the role of penalties in the compliance program. Ms. Coy said two auditors visited the AQMD last year and were given the 1994 to 1996 major source Notice of Violation information they requested. They hand-selected 12 cases for review. A Draft Preliminary Report was issued for comment by EPA in December. On December 24, 1996, the AQMD sent comments on that report. On March 7, 1997, the Draft Audit Report, which did not incorporate previous AQMD comments, was issued by EPA for review, and on March 28, 1997, the AQMD submitted comments which documented agency concerns that inadequate basis was presented to support the audit conclusions proposed.

Ms. Coy further explained that the EPA audit objectives were to determine whether Region IX, CARB, and local air district enforcement and compliance programs are designed to deter non-compliance; to identify barriers that exist to effective air enforcement and compliance programs; and to determine whether EPA management information systems were effective for tracking enforcement actions. In addition to statewide conclusions calling for more active EPA oversight, the auditors presented proposed conclusions that AQMD enforcement actions are "insufficient to deter non-compliance" because penalties are low, prior violations are not considered, and economic benefit associated with violations is not covered.

District Prosecutor Peter Mieras continued the briefing and gave an overview of AQMD comments submitted to EPA. He pointed out that audit conclusions were based solely on two hand-selected cases settled in the audit period (1,266 NOVs handled, 336 settled, 12 selected for review, and 2 criticized--both involving public nuisance violations at local refineries), and that the auditors’ comments indicated unfamiliarity with California state law constraints on penalties. Mr. Mieras discussed additional information provided to EPA that documented overall District success with major source penalty assessment and explained the three goals of the AQMD enforcement programs: deterrence; fair and equitable treatment of the regulated community; and prompt resolution of environmental problems. He also pointed out that AQMD maintains a frequent inspection presence at local refineries. Committee members discussed potential avenues to better assess enforcement program effectiveness.

During public comment, it was suggested that this item be taken to the Home Rule Advisory Group for further discussion, due to the discrepancies between state law and federal EPA penalty guidance. Deputy Executive Officer of Stationary Source Compliance Pat Leyden agreed.

2. Clean Air Ambassador Program

Public Advisor La Ronda Bowen explained to the Committee that a pilot outreach to implement the Governing Board’s Clean Air Ambassador Program was conducted in Assemblywoman Escutia’s district on February 28, 1997. Other elected officials will now be invited to help the AQMD contact and survey business owners/operators in their districts.

Director of Small Business Assistance/Economic Development/Business Retention Lee Lockie presented the results of the pilot survey. She reported that seven clean air ambassador teams visited businesses in the 50th Assembly District to obtain feedback from the owners and operators on how the AQMD can improve relations with local businesses and to determine how the AQMD can continue their mission of cleaning the air without negatively affecting the local economy. Ms. Lockie said the five most common recommendations for improvement were to simplify and clarify the AQMD’s fee system; continue to explore more avenues for increasing public input to rulemaking and other programs; reduce paperwork; reduce pollution from cars and trucks; and provide more certainty in the permitting process to allow businesses to schedule expenditures and major projects.

3. Rule 1421 - Control of Perchloroethylene Emissions from Dry Cleaning Operations

Stationary Source Compliance Senior Manager Mike Mills briefed the Committee on this rule. He explained that the proposed amendments would replace current Rule 1421 requirements to make them consistent with Air Toxic Control Measure requirements; eliminate waste water separator requirements; eliminate fugitive control requirements; streamline recordkeeping and reporting requirements; and make the training requirement consistent with state law. Mr. Mills said there would be negligible impact on emission increases. This rule will be heard at the June 13, 1997 Board Meeting.

4. Regulation III - Fees

This item was presented and discussed earlier at the Administrative Committee. The only discussion was regarding Rule 308. Committee members James Silva and Nell Soto expressed concern that the exemption for schools was being discontinued. Staff agreed to look into the matter.

5. Air Quality and Wildland Fires

Stationary Source Compliance Senior Manager Ed Pupka told the Committee that this report recaps the cooperative efforts of AQMD and various fire protection agencies in the South Coast Air Basin to coordinate and improve an acceptable level of controlled burning and thereby to reduce the danger of wildland fires.

Mr. Pupka said that in 1996 three significant achievements underscored the benefits of the continued relationship between AQMD and the fire protection agencies. These achievements include: a public information campaign; an interagency action plan for the new Antelope Valley Air Pollution Control District; and a Lake Hughes/Lake Elsinore Community Action Plan. AQMD and fire protection agencies continue their commitment to achieving air quality goals through interagency cooperation and outreach. Future goals include solicitation of interagency participation in designing and implementing a comprehensive outreach program concurrent with development and adoption of proposed amendments to Rule 444 - Open Fires.

The meeting was adjourned at 12:15 p.m.

Attachment

April 18, 1997 Committee Agenda (without its attachments)