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PROPOSAL:

Adopt Resolution Regarding: 1) EPA approval of 1997 AQMP and Credit Rules;
2) Issues Related to SIP, Title III, and Title V; and 3) Federal Grant Allocations

SYNOPSIS:

This action is for the Board to adopt a resolution urging U. S. EPA to expeditiously approve or disapprove the 1997 AQMP and credit rules; to adopt reasonable and flexible implementation plans for federal Title III and Title V programs; and to grant to South Coast AQMD its proportionate fair share of federal air quality grant funds in the upcoming and subsequent budget years.

COMMITTEE:

None

RECOMMENDED ACTION:

Adopt the attached Resolution.

Barry R. Wallerstein, D.Env.
Acting Executive Officer

Background

Over the past several months, the Board has raised a number of issues regarding interactions with and approvals by the U. S. Environmental Protection Agency. For example, although the 1997 AQMP is an outgrowth of the EPA-approved 1994 Plan, EPA has yet to either approve or disapprove the 1997 Plan. In addition, although staff of AQMD and EPA have worked diligently to reach consensus on reasonable and flexible implementation plans for federal Title III and Title V programs, no consensus has been achieved. Lastly, the South Coast AQMD is home to about 14 million people who are subjected to the worst air quality in the nation. About five percent of all Americans reside in the AQMD's jurisdiction and are exposed to the harmful effects of air pollution. Yet, the South Coast AQMD receives significantly less than five percent of the federal EPA air quality grant monies to fund its programs to improve and maintain healthful air quality.

Proposal

Adopt the attached resolution urging U. S. EPA to take the actions specified.

Fiscal Impacts

Failure to approve the AQMP, to adopt reasonable and flexible implementation plans for federal Title III and Title V programs, and to grant the South Coast AQMD its proportionate fair share of federal air quality grant funds severely hampers the South Coast AQMD's ability to achieve a balance budget and to implement the programs necessary to protect the health of those who live and work in the South Coast Air Basin.

Attachments

Resolution 98-___ (number to be assigned after Board action)

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           A resolution of the South Coast Air Quality Management District Governing Board, in regular session on February 13, 1998, requesting (a) approval by the United States Environmental Protection Agency of the South Coast Air Quality Management District's 1997 Air Quality Management Plan and its State Implementation Plan rules, (b) action by U. S. EPA to adopt reasonable and flexible implementation policies and protocols for federal Title III and Title V programs and emission credit/trading programs within the context of the 1990 Clean Air Act; and (c) that U. S. EPA grant to South Coast AQMD its proportionate fair share of federal air-quality related grant funds.

           WHEREAS, the South Coast AQMD is the regional air pollution control district responsible for cleaning the air in the South Coast Air Basin and portions of the Salton Sea and Mojave Desert Air Basins; and

           WHEREAS, the South Coast AQMD's clean air programs are the leading programs in the field of air quality improvement and frequently serve as a model for other non-attainment areas in the United States; and

           WHEREAS, approximately five percent (5%) of all Americans live in Southern California and the residents of the South Coast Air Basin suffer the worst air pollution in the United States; and

           WHEREAS, the the attainment of the federal health standards requires a partnership with U. S. EPA Region IX, and the South Coast AQMD desires a cooperative and harmonious working relationship where issues are resolved reasonably and in an expeditious manner; and

           WHEREAS, the South Coast AQMD's 1994 AQMP has been approved by the U. S. EPA and the South Coast AQMD's 1997 Air Quality Management Plan (AQMP) is an outgrowth of its 1994 AQMP; and

           WHEREAS, the U. S. EPA has not taken action to approve the 1997 AQMP in an expeditious manner; and

           WHEREAS, the South Coast AQMD is being sued to implement measures in the 1994 AQMP which have been determined to be unnecessary and/or infeasible in the 1997 AQMP, and such lawsuit would be rendered moot by prompt approval of the 1997 AQMP; and

           WHEREAS, the Administration and the U. S. EPA have proposed credit/trading rules, including an air quality investment approach, as a foundation for achieving new federal clean air standards in a cost-effective manner; and the approval of such locally-adopted measures by U. S. EPA Region IX has not been forthcoming; and

           WHEREAS, there are dozens of rules adopted by the South Coast AQMD Governing Board and forwarded by the California Air Resources Board for inclusion in the State Implementation Plan (SIP), that U. S. EPA has failed to act upon for many years; and

           WHEREAS, there exists a situation known as "SIP Gap" in which there are rules previously approved by U.S. EPA as well as more recent locally-approved rules awaiting EPA approval, a situation which creates significant regulatory uncertainty due to conflicting compliance requirements for local businesses; and

           WHEREAS, technological advancement and flexibility in implementing programs are needed to achieve federal clean air standards in the South Coast Air Basin and implementation of the federal Title III and Title V programs as being proposed by U. S. EPA staff is creating hardships on the South Coast AQMD's residents and affected businesses due to inflexibility in implementation approaches; and

           WHEREAS, the South Coast AQMD historically has not received its proportionate share of U. S. EPA air quality-related grant funds on a per capita or pollution exposure basis.

           NOW, THEREFORE, BE IT RESOLVED that the Governing Board of the South Coast AQMD requests that the U. S. EPA expeditiously take action to approve or disapprove the South Coast AQMD's 1997 AQMP and, in the event of disapproval, provide a basis for such action; and

           BE IT FURTHER RESOLVED that the Governing Board of the South Coast AQMD requests that the U. S. EPA place a high priority on, and commit adequate resources to, an expeditious approval of SIP rules to prevent an economic hardship on local businesses that are otherwise being subjected to uncertain regulatory requirements due to the "SIP gap;" and

           BE IT FURTHER RESOLVED that the Governing Board of the South Coast AQMD requests that the U. S. EPA adopt reasonable and flexible implementation policies and protocols for federal Title III and Title V programs and for emissions credit/trading programs within the context of the 1990 Clean Air Act; and

           BE IT FURTHER RESOLVED that the Governing Board of the South Coast AQMD requests that U. S. EPA provide a proportionate fair share of its federal air-quality related grant funds to the South Coast Air Quality Management District for the upcoming and subsequent budget years; and

           BE IT FURTHER RESOLVED that the Governing Board of the South Coast AQMD declares that it is committed to working cooperatively in partnership with U. S. EPA and Region IX to achieve our common goal of environmental improvement.

Dated: February 13, 1998                                  __________________________________
                                                                          Jackie Dix, Clerk of the Board

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