BOARD MEETING DATE: March 12, 1999 AGENDA NO. 42C
PROPOSAL:
Approve Preliminary Workplan to Implement Permit Streamlining Task Force's Recommendations
SYNOPSIS:
The comprehensive permit streamlining recommendations presented by the Permit Streamlining Task Force cover a wide variety of issues. As a result, implementation of the recommendations would require a focused, concerted and coordinated effort on the part of staff. This Workplan provides staff's initial implementation proposal for each recommended action, including a preliminary assessment of resource needs and proposed timelines.
COMMITTEE:
Not applicable
RECOMMENDED ACTION:
Approve the preliminary workplan to implement Permit Streamlining Task Force's recommendations.
Barry R. Wallerstein, D.Env.
Executive Officer
The Permit Streamlining Task Force (Task Force) was formed in April 1998 as part of the Board Chairman's permit streamlining initiative, to help develop specific recommendations that would expedite processing of permits for conventional, Title V and RECLAIM facilities and operations. The Task Force is chaired by Board Vice-Chair Norma Glover and includes Board Members Mayor Loveridge and, until recently, Supervisor Silva, as well as eight other members, which include industry and environmental/community group representatives. Also, Mohsen Nazemi, the AQMD's Permit Streamlining Ombudsman, and the Permit Streamlining staff have been working with the Task Force to assist in development and implementation of various streamlining initiatives.
During the period from April 1998 to February 1999, the Task Force held 13 meetings and examined many permit-streamlining issues and discussed potential solutions. A Permit Streamlining Study contract was awarded to a consulting firm in order to provide its independent review of the AQMD's permitting programs and recommendations for consideration by the Task Force. Based on its own initiatives and the work of the consulting firm, the Task Force, under a companion Agenda Item, brings before the Governing Board a set of specific, consolidated permit-streamlining recommendations (Attachment 1), which are part of the Task Force Report. Based on these recommendations, staff has developed an initial workplan (Attachment 2) as an implementation proposal for each recommendation, including a preliminary assessment of resource needs and proposed timelines.
Key Streamlining Recommendations
As shown in Attachment 1, the Permit Streamlining Task Force has provided a total of 37 comprehensive recommendations and has grouped its key recommendations into the following four distinctive areas:
GROUP A - REDUCE STEPS REQUIRED TO ISSUE PERMITS
A total of 14 separate recommendations are listed in this area. Implementation of the majority of the recommendations does not require any changes in AQMD's rules or regulations. Five of them include recommendations that require rule amendments to implement. Implementation of these recommendations is anticipated to expedite permit issuance and simplify the process for permitting low emitting and low health risk sources. The recommendations with highest streamlining impacts include development of Streamlined Standard Permit packages, elimination of the up-front application prescreening, and possible amendments of Rule 1401 (New Source Review for toxics). Since the AQMD’s Home Rule Working Group, which includes several Task Force members has been actively discussing and addressing the Regulation XIII (New Source Review) BACT/LAER issues, the Task Force's recommendation in this area is to support the Group’s on-going efforts and is not providing separate recommendations. The Task Force also recommended development of permit registration using a Permit-by-Rule approach. In addition, an enhancement of the AQMD’s Certified Permitting Professionals (CPP) program is included, which calls for expeditious processing of well-prepared and pre-evaluated applications.
GROUP B - IMPROVE COMMUNICATION INTERNALLY AND EXTERNALLY
Recognizing its critical role in permit streamlining, the Task Force presented ten recommendations aimed at improving communication both internally within AQMD staff and externally with permit applicants and their consultants. Improved training for staff as well as applicants/consultants, improved tracking of applications, efficient and user-friendly application forms, and publication of policies, procedures and permit evaluation protocols are among the most noticeable recommendations. The Task Force encouraged and staff intends to take advantage of the modern information technology including extensive use of Internet/Intranet for improvement in communication. In an effort to balance the conflicting needs of proponents of often large, complex projects and business owners who only need one or two AQMD permits, the Task Force recommended development of two types of documents. For applicants who must possess broad, in-depth knowledge about AQMD permitting, recommendations are to update and release the AQMD’s permitting policies and procedures, permit evaluation guidelines, and the Permit Processing Handbook. On the other hand, the Task Force recommended development of concise yet complete equipment specific application packages for applicants who do not have expertise in air quality permitting or operate only a few pieces of permitted equipment. The Task Force's intent is to minimize applicant efforts to submit complete applications so that they may receive their permits quickly.
GROUP C - OPTIMIZE PERMIT STRUCTURE AND SYSTEMS
The Task Force’s six recommendations centered in an effort to address the AQMD’s two basic permit approaches, which include the conventional equipment-based permits and the Title V/RECLAIM device/source-based facility permits. Being concerned with significant resources devoted to Title V facility permit production and its impact on processing of other non-Title V permits, the Task Force considered an alternative. Rather than using Title V/RECLAIM facility permits format which converts conventional equipment-based permits into facility permits, the Task Force, in essence, recommended for the AQMD to pursue equipment-based permit alternative approach for future Title V permits. The Task Force also recommended to examine the use of conventional permits for RECLAIM and Title V existing sources if it is more efficient in terms of permitting costs and resources needs. The Task Force further recommended an overall review of the permit systems and programs that were implemented or being developed at various stages to find ways to improve the system’s overall functionality and efficiency.
GROUP D - ENHANCE MANAGEMENT AND ORGANIZATIONAL EFFECTIVENESS
Of the seven recommendations in this area, the Task Force felt that the one with greatest impact is for the AQMD to develop and implement a Total Quality Management system. As recommended by the Task Force, the AQMD is to conduct further studies to develop a set of measurable permit processing goals, and to continuously measure and improve its performance. The Task Force encouraged the AQMD staff to consolidate stationary source permitting activities and to have a focused coordination to ensure proper implementation of the permit streamlining recommendations. The Task Force also recommended a reevaluation of the current application prioritization practice in order to better respond to the businesses needs as well as adhere to the statutory timelines. In addition, the Task Force recommended that rule developments should include adequate analysis to identify impacts on permitting resources, costs and time it takes to issue permits.
Attachment 2 outlines staff’s proposed workplan to implement the comprehensive permit streamlining recommendations presented by the Task Force. While some action items may be implemented within a short time frame, others require longer-term time/cost commitment. Staff proposes to implement certain short-term action items within the resources already allocated for FY1998/99 to the maximum extent possible. Additional resources will be needed, which will be contained in the FY1999/00 budget to implement the remainder. This includes an estimated total of $240,000 in contractor assistance.
The workplan (Attachment 2) includes staff’s preliminary estimate of resource requirements to implement each recommendation. In order to implement some of the recommendations, it is necessary to utilize resources of permitting staff with specialized expertise in various aspects of permits. Since this could temporarily create an overlap in reducing resources available for processing permits, staff intends to prioritize implementation of the Task Force's recommendations to minimize such temporary impacts on permitting. Staff's initial estimate indicates that a total of six FTEs will be required until the end of 1999 to expeditiously implement the recommendations, and two to three FTEs will be required thereafter.
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