BOARD MEETING DATE: July 12, 2002 AGENDA NO. 27
Administrative Committee
SYNOPSIS:
The Administrative Committee met Friday, June 14, 2002, and reviewed the proposed agenda for the July 12, 2002 Board meeting. The Committee also discussed various issues detailed in the Committee report. The next Administrative Committee meeting is Friday, July 19, 2002, at 9:30 a.m. in Conference Room CC-8.
RECOMMENDED ACTION:
Receive and file.
Norma J. Glover, Chair
Administrative Committee
Attendance: Present were Chairman Norma Glover and Member Dr. William Burke, and Member Roy Wilson (via videoteleconference). Absent were Vice Chair Hal Bernson and Member Beatrice La Pisto-Kirtley. Jane Carney was appointed as ad hoc Committee Member for this meeting.
DISCUSSION ITEMS:
JUNE 21 AGENDA ITEMS:
JULY AGENDA ITEMS:
Ms. Carney left the meeting at 11:28 a.m.
Meeting adjourned at 11:30 a.m.
Attachments
Ethnic Community Advisory Group Minutes for April 10, 2002
Local Government & Small Business Assistance Advisory Group Minutes for April 19, 2002
ETHNIC COMMUNITY ADVISORY GROUP
WEDNESDAY, APRIL 10, 2002
MEETING MINUTES
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PRESENT |
ABSENT |
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ECAG CHAIRPERSON |
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Board Member Cynthia Verdugo-Peralta |
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AFRICAN-AMERICAN CAUCUS |
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Stan Lee, Chair |
John Harris � Co-chair |
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Leslie Spencer |
Edgar Perez |
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Tod Short |
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Mike Stevens |
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LATINO CAUCUS |
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Paul Avila |
Ericka Smith - Chair |
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Fernando Del Rio Co-chair |
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Rose Montoya-Lona |
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Harold Martinez |
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Anastacio Medina |
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ASIAN-PACIFIC ISLANDER CAUCUS |
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Thomas Chang Chair |
Jason Do |
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Paul Choe |
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Satoshi Nitta |
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Stephen Sheng Co-chair |
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OTHERS PRESENT |
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Rhonda Reyes, Board Assistant (Verdugo-Peralta) |
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Gene Beck, EnviroTech Financial |
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DISTRICT STAFF |
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Gloria White-Brown, Sr. Deputy District Counsel |
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Lourdes Cordova Martinez, Community Outreach Manager |
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Jonathan Nadler, Air Quality Specialist |
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Gary Quinn, Supervisor |
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Barbara Beck, Public Information Specialist |
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Pauline Harper, Secretary |
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Agenda Item #1 Call to Order/Opening Remarks
Stan Lee, Chair, African-American Caucus, called the meeting to order at 1:15 p.m. as Board Member Verdugo-Peralta was out ill. There was a quorum.
Agenda Item #2 Approval of March 13, 2002 Minutes
Review of March 13, 2002 Follow-up/Action Items
Minutes should reflect that Satoshi Nitta and Paul Choe were in attendance at the March meeting. With those changes, it was moved and seconded that the minutes be approved with no opposition.
Agenda Item #3 Presentation on Chairmans Strategic Alliances
Initiatives 1 and 2
Jonathan Nadler, Air Quality Specialist, gave the presentation. A copy of his handout is attached. Background: Chairman Glover introduced eight Strategic Alliance Initiatives. They are designed to create new partnerships and complement existing AQMD programs. You can read about all eight initiatives on AQMDs website. Under the "News" button, on the right-hand side, is "Chairmans Initiatives." There are links to all of the initiatives.
Initiative #1 Emission Reduction Credit Working Group
The purpose of the Initiative is to modernize the Emission Reduction Credit (ERC) system. The objective is to ensure that economic growth in the region is not restricted due to what is currently the low availability and high cost of ERCs for New Source Review (NSR).
NSR is a federally and state mandated pre-construction review program for air pollution control designed to incentivize new and clean technologies. AQMDs NSR program is codified in the nine rules that make up our Regulation XIII. When someone applies for a permit from AQMD, it is typically subject to NSR. NSR applies to new, modified, and relocated emission sources and two of the major requirements are that such a source would have to 1) use Best Available Control Technology (BACT) and 2) offset the emission increases.
AQMD has adopted a bifurcated offset system: Sources that emit greater than or equal to four tons per year must go out on the open market and purchase ERCs in order to install a new emission source. For sources emitting less than four tons per year (and some selected categories like essential public services) we provide ERCs from the AQMD NSR account free of charge. These credits are banked by AQMD when a source controls their emissions to a limit lower than they are required to by AQMD rules and regulations. It creates surplus reductions that are not required, and they can be generated into credits. Another way credits are generated is when a business shuts down. For example, if a source were emitting 100 pounds per day, they would generate credits if they stop operations. However they would not get credit for the full 100 pounds. AQMD determines what the equipment would generate if it was operating at todays standards and they would get the difference.
ACTION ITEM: The Committee requests a more detailed presentation on ERCs at the next meeting.
Initiative #2 Clean Air Act Policy Interpretation.
The goal here is to petition the US EPA to review what AQMD feels are outdated policy interpretations of the Clean Air Act. The objective is a fair, reasonable, and consistent interpretation of the Clean Air Act and, of course, to expedite clean air progress. It is important to note that AQMD is not seeking to reopen the Clean Air Act to change law. An example of what we are looking at would be Title III the federal toxics program, and Title V a federal operating permit program. We also want to look at the federal funding process that helps to implement certain clean air programs. The NSR, SIP, transportation conformity, and economic incentive programs are also some of the areas where there may be opportunity for re-interpretation.
Initiative #2 goes before the Governing Board in July 2002. Consultation meetings will be held in May and staff hopes to have a draft white paper ready in June.
Specific information on consultation meetings for these and all other initiatives is available on AQMDs website. Staff welcomes comments from the public. If you cannot attend meetings, you may mail or e-mail them. There is a contact list on the attached copy of the handout for this presentation.
Agenda Item #4 Proposed Rule 1421 Control of Perchlorethylene Emissions from Dry Cleaning Systems
Gary Quinn, Supervisor, gave the presentation. A copy of his slide presentation is attached. The key policy issues are 1) whether to upgrade older, higher polluting dry cleaning machines or transition to non-perc alternatives; 2) cost and technical feasibility; 3) remaining public exposure risk associated with even the cleanest of the perc machines; and 4) AB2588 "Toxic Hot Spots" public notification requirements.
One of the things being suggested is replacing perc with hydrocarbon cleaners. But the Governing Board will have to struggle with the fact that you would be replacing air toxics (perc) with VOCs (hydrocarbons).
Perc, like any compound, has its pros and cons. Pros: Its an aggressive solvent. Dry cleaners have used it for a long time and they are very comfortable with it. When you use it in the newer machines (primary/secondary), the consumption rate is much less. Cons: Its a carcinogen and there is a residual risk. Many landlords are not leasing to businesses with perc machines because of ground water contamination concerns.
Non-perc (solvent cleaning) pros: Its typically non-toxic, similar in operation to perc, and it appears to be effective on all fabrics. Cons: Its flammable and it appears to require more stain pre-treating, which adds time and labor to the process.
Wet cleaning pros: Its VOC and toxic-free. There is an energy savings associated with this system. It cleans most fabrics and the equipment costs less than other alternatives. Cons: There are problems cleaning some solvent-based stains. Special training is required to avoid shrinkage and color transfer, and finishing takes longer than with other alternatives.
Carbon dioxide (CO2) pros: Its environmentally friendly, there is no odor, the cycle time is faster, and stains can be treated post-cycle because no heat is involved. Cons: Its more costly compared to perc and other solvents; it has problems cleaning acetates; and its a developing technology. (There is only one demonstration facility in the Basin.)
Staff Proposal
No hearing date has been scheduled. Industry has requested an evening hearing so business owners could participate. Staff is working on scheduling a special hearing.
Gene Beck, EnviroTech Financial, distributed a History of the Air Quality Assistance Fund (AQAF) (copy attached). Gloria White-Brown, Sr. Deputy District Counsel, pointed out that although AQMD was mandated to establish the AQAF in 1989, AQMD is no longer under any obligation to continue the program. She explained that AQMD is voluntarily exploring ways to assist small businesses and it will be up to the Governing Board to determine how the remaining funds are allocated.
In response to earlier discussion about contacting state and federal legislators to carry forth legislation for increased funding on AQMDs behalf, one of the committee members suggested contacting Congressman Adam Schiff, who has a track record of being very active on environmental issues.
Agenda Item #5 Quarterly Community Outreach Activity
African American Caucus Wants to work on setting up panel discussions among politicians because they feel a lot of politicians, local and otherwise, are not as knowledgeable as they could be with regard to environmental justice issues. They would like to work with AQMDs EJ Coordinator and try to piggyback on AQMDs Town Hall Meetings.
Agenda Item #6 Approval of New/Renewing Caucus Members
No new or renewing nominations. Reminder: Anyone interested in joining ECAG should send a letter of interest directly to Committee Chair Verdugo-Peralta, or they can send it to the caucus, who will review and forward the transmittal memo to Committee Chair Verdugo-Peralta. Lourdes C. Martinez will e-mail copies of the transmittal memo to the caucus chairs this week. If Committee Chair Verdugo-Peralta approves the applicant, it comes back to the whole group for approval, which is then reflected in your minutes to the Administrative Committee and then to the Governing Board. It takes about two months. The resume should include a cover letter explaining what the applicants background is, why they are interested in joining ECAG, what area they are from, and a description of their constituency, if they have one.
Agenda Item #7 2002 Goals and Objectives
Updated goals and objectives information was attached to the agenda. This item will be carried over to the next meeting, along with the report thats going to be given by the Latino Caucus and the update on the environmental justice outreach.
Agenda Item #8 Annual Breakfast Meeting with Governing Board
There will be further discussion at the May ECAG meeting. Lourdes C. Martinez is planning on sending letters out this week to all members who have missed four consecutive meetings.
Agenda Item #9 Outreach Subcommittee Report
No report.
Agenda Item #10 Small Business Subcommittee Report
No report.
Agenda Item #11 Childrens Issues Subcommittee Report
No report.
Agenda Item #12 Environmental Justice Subcommittee Report
No report.
Agenda Item #13 Discussion on Energy Issues
No discussion.
Agenda Item #14 Governing Board Agenda Items
No discussion on May 3 draft Governing Board agenda.
Agenda item #15 Other Business
It was asked if it is true that Marilyn Solomon is no longer with AQMD. Lourdes C. Martinez responded that we havent received any official notice from her. It is her understanding that Ms. Solomon is on vacation this week. Ms. Martinez will keep the committee advised.
There were no public comments. Motion to adjourn was seconded and the meeting was adjourned at 3:10 p.m.
LOCAL GOVERNMENT & SMALL BUSINESS
ASSISTANCE ADVISORY GROUP
FRIDAY, APRIL 19, 2002
MEETING MINUTES
MEMBERS PRESENT:
Jane Carney, AQMD Board Member
Cynthia Verdugo-Peralta, AQMD Board Member
Greg Adams, Los Angeles County Sanitation Districts
Detrich Allen, City of Los Angeles
Gene Beck, EnviroTech Financial
Arthur Brown, Mayor, City of Buena Park and
Orange County Council of Governments (OCCOG)
Margaret Clark, Councilmember, City of Rosemead
Jeff Comerchero, Councilmember, City of Temecula, and
Riverside County Transportation Commission (RCTC)
Bill LaMarr, Small Business Alliance
Gary Stafford, Terra Furniture
MEMBERS ABSENT:
Ronald Loveridge, AQMD Board Member
John DeWitt, California Independent Oil Marketers Association
Terry Lacko, Monarch Industries
Dale Silverman, Association of Woodworking & Furnishing Suppliers
OTHERS PRESENT:
John Billheimer, Enviro-Reality
Rhonda Reyes, Board Assistant
AQMD STAFF:
Oscar Abarca, Assistant Deputy Executive Officer
Barbara Baird, District Counsel
Barbara Beck, Public Information Specialist
Larry Bowen, Planning & Rules Manager
Jim Clouet, Senior Public Information Specialist
Julie Franco, Senior Administrative Secretary
Pom Pom Ganguli, Technology Demonstration Manager
Kathryn Higgins, Program Supervisor
Larry Kolczak, Community Relations Manager
Mohsen Nazemi, Assistant Deputy Executive Officer
Larry Rhinehart, Local Government Director
Agenda Item #1 Call to Order/Opening Remarks
Governing Board Member Jane Carney called the meeting to order at 8:34 a.m. Ms. Carney commented that the proposed goals and objectives of this group were submitted to the Administrative Committee on April 12, 2002. With regard to some of the goals and objectives the Administrative Committee suggested that, depending on the subject matter, recommendations from this advisory group should go directly to the Stationary Source Committee or the Mobile Source Committee to take the idea on to the next step.
Ms. Carney also said that the Administrative Committee did not vote on the goals at this time because Governing Board Chair Norma Glover felt that since Ms. Carney is new to this advisory group she should be given an opportunity to be involved in developing the goals. Ms. Carney said that she did in fact have some suggestions, but due to the time limit of this meeting (shortened to less than one hour), her suggestions would have to be taken up at a later time.
Regarding vacancies within this advisory group, Ms. Carney said that this group should not go forward with filling any vacancies until recommendations are received from the Blue Ribbon Committee that was formed to review all advisory groups.
Agenda Item #2 Approval of March 15, 2002 Meeting Minutes
The minutes were approved with the correction to add member Dale Silverman as being present at the meeting.
Agenda Item #3 Regulation III Update
Larry Bowen, Planning and Rules Manager, gave the Regulation III presentation. A copy of his presentation was attached to the agenda. Mr. Bowen said that there would be an across-the-board 2.5% increase in fees corresponding to the change in the California Consumer Price Index (CPI) for 2001, an adjustment of selected special processing fees to better reflect actual costs and other minor language clarifications. This item will be going to the Governing Board for their action in May.
Bill LaMarr said that he thought that Supervisor Silva had made a motion to put a moratorium on fee increases for three years. Barbara Baird said that the motion that Supervisor Silva made pertained specifically to a $75.00 charge for first time emitters of fewer than 4 tons and there is no additional increase being proposed for this fee.
Greg Adams said that there are multiple definitions for the term "small business" and that there are a lot of medium size businesses seeking variances from the Hearing Board that are being precluded from the lower fees. He also mentioned that he had gone to the Fee Review Committee and said that the Fee Review Committee should be empowered to take into account special circumstances other than errors that are traceable to AQMD's own staff errors when it comes to waiving late fees. Currently, the Fee Review Committee is not allowed to waive late fees unless it is traceable to AQMD's own staff. He mentioned an incident in which a substantial late charge fee was charged due to no postage on the envelope.
Public attendee, John Billheimer, made the comment that generally there are only 1 out of 30 hearing board cases that are requested by small businesses. He also mentioned that there is a daily charge for a variance, and he wanted to suggest that this be agendized for a future date. Ms. Carney said that this item is already a part of this committee's goals list.
Board Member Cynthia Verdugo-Peralta wanted to know the notification process for small businesses with regard to variances. Larry Kolczak said that frequently the smaller businesses learn about the variance process from the inspectors who visit their sites and explain to them that they need to apply for a variance to continue to operate while they are trying to resolve their compliance issue.
Agenda Item #4 Proposal for Small Business Conference
Board Member Cynthia Verdugo-Peralta distributed a draft outline for a Proposed Small Business Conference to be tentatively held in the Fall. If this event is not held at AQMD, she suggested that an offsite location close to AQMD headquarters be considered to attract businesses from all areas. She anticipated that the conference would be a one-day event, and the cost of the conference could be kept down to attract the businesses.
Ms. Dee Allen mentioned that the City of Los Angeles Mayor's Office would like to have a small business conference, and suggested that AQMD and the City of Los Angeles work together for a combined conference. She will have staff from the City of Los Angeles contact AQMD staff to discuss this issue further.
There was also a comment that generally small businesses will not come to a conference unless there was some sort of "crisis" topic and that a variety of topics should be included. Currently, workers compensation is on the top of small businesses concerns.
There was a consensus from the group to have this item go to the next Administrative Committee on May
10, 2002 for their approval and that a working group be formed.
ACTION: |
This item will be taken to the next Administrative Committee for their approval, and direction. |
Agenda Item #5 2002 Workplan for Achieving Goals & Objectives and Calendar for Year
A calendar with Board committee meeting dates, and dates of the Local Government & Small Business Assistance Advisory Group were distributed. Ms. Carney informed the group that the group would be scheduling topics from the Goals and Objectives of this group to ensure that they were discussed.
After a brief discussion, the group decided to devote the next meeting to Environmental Justice and to have a representative from Cal EPA (who will be conducting a meeting in the afternoon of the next Local Government & Small Business Assistance meeting), CARB, and OPR present to discuss the issue. However, if staff is unable to arrange for representatives to give a presentation on Environmental Justice than in the alternative the Small Business Goals: 1) Seek reduction in hearing board fees; 2) Create no-fault inspection service; and 3) reactivation of permit amnesty program will be discussed.
ACTION: |
Staff to contact Cal EPA, CARB, and OPR to arrange for representatives to give a presentation at the May 17th Local Governing & Small Business Assistance Meeting. |
Agenda Item #6 Other Business
No discussion.
Agenda Item #7 Public Comment
No public comments were given.
Agenda Item #8 Adjournment
There being no further business, the meeting was adjourned at 9:23 a.m.
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