BOARD MEETING DATE: June 7, 2002 AGENDA NO. 26
Administrative Committee
SYNOPSIS:
The Administrative Committee met Friday, May 10, 2002, and reviewed the proposed agenda for the June 7, 2002, Board meeting. The Committee also discussed various issues detailed in the Committee report. The next Administrative Committee meeting is Friday, June 14, 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 Members Beatrice LaPisto-Kirtley and Roy Wilson (via videoteleconference). Ms. La Pisto-Kirtley was appointed as Chair for this meeting. Also in attendance was Member Cynthia Verdugo-Peralta, who was appointed as an ad hoc member for this meeting. Absent were Chairman Norma Glover, Dr. William Burke, Vice Chair Hal Bernson, and Mayor Loveridge.
Supervisor Wilson joined the meeting at 9:39 a.m.
DISCUSSION ITEMS:
JUNE AGENDA ITEMS:
Meeting adjourned at 9:55 a.m.
Attachments
Ethnic Community Advisory Group Minutes for March 13, 2002
Local Government & Small Business Assistance Advisory Group Minutes for March 15, 2002
ETHNIC COMMUNITY ADVISORY GROUP
WEDNESDAY, MARCH 13, 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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Tod Short |
Edgar Perez |
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Leslie Spencer |
Mike Stevens |
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LATINO CAUCUS |
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Paul Avila |
Erika 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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Thomas Chang Chair |
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Stephen Sheng Co-chair |
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Paul Choe |
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Jason Do |
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Satoshi Nitta |
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Rhonda Reyes, Board Assistant (Verdugo-Peralta) |
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Oralia Michel, Consultant |
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Rosalie Camacho, Consultant |
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Lourdes Cordova Martinez, Community Outreach Manager |
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Gloria White-Brown, Senior District Counsel |
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Pauline Harper, Secretary |
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Agenda Item #1-Call to Order/Opening Remarks
ECAG Chair Cynthia Verdugo-Peralta called the meeting to order at 1:00 p.m. There was a quorum. Chair Verdugo-Peralta discussed a memorandum that was distributed to Governing Board Members on the latest study on Health Effects of Air Pollution. The study collected data from 500,000 people living in major metropolitan areas of the U.S. who enrolled in an American Cancer Society study. They were followed over 16 years and cause of death data collected related to air pollution levels. Smoking was by far the greatest risk factor. The study reported a significant association of mortality rates with the level of PM 2.5. These results confirm findings from earlier studies that PM 2.5 levels are associated with increased mortality from cardiopulmonary causes.
Agenda Item #2-Presentation on EPAs Air Quality Programs
Jack Broadbent, Director of Air Division, EPA Region IX, was introduced by Board Member Verdugo-Peralta. Mr. Broadbent provided the group with an update on air programs at EPA. Following are the highlights from his presentation:
Mr. Broadbent was previously DEO of Planning and Rules at AQMD for 15 years. He has been at EPA one year and his region includes California, Nevada, Arizona, and Hawaii. This is the first year of a new administration and there have been some air quality accomplishments already. New low sulfur diesel standards have been approved and will be available nationally by 2006-2007. This new fuel will allow for particulate traps to be installed and operated by heavy-duty diesel buses and trucks. AQMD has taken a leadership role with the adoption of the fleet rules and this new fuel standard will create a level playing field for the rest of the country.
Mr. Broadbent then opened the question and answer segment of his presentation. ECAG member Fernando del Rio asked about the Los Angeles Port emissions and whether ships are uncontrolled sources of pollution. Mr. Broadbent said that about 90% are not controlled because they are foreign flag vessels. They use fuel which is 30,000 ppm sulfur and new EPA requirements call for lower sulfur standards. There is no technical reason why they couldnt comply with these lower standards. However, economics and politics may be the reasons they are allowed to use the higher polluting and cheaper fuel.
ECAG member Tod Short asked if 2006, why can't EPA have standards for homebuilders requiring them to be more energy efficient, expect a more fuel-efficient standard for cars. Mr. Broadbent said that EPA has the Energy Star Program, which evaluates and labels appliances for energy efficiency, which has been successful. Chair Verdugo-Peralta added that Southern California Edison had the Design for Excellence Program, which gave homebuilders an incentive to build homes which are more efficient than the building code, Title 24, requires. In addition, solar energy companies are utilizing a film for photovoltaic panels, which are lighter in weight and look promising.
ECAG member Anastacio Medina said that the state of Arizona only regulates the criteria pollutants and not air toxics. Mr. Broadbent said that there are statewide hot spots and facilities are required to perform risk assessments. They are testing for ethylene oxide. There is benzene control at refineries. Various states, such as Ohio and North Carolina, are now monitoring air in urban environments.
Chair Verdugo-Peralta asked Mr. Broadbent to give an overview of the interaction and relationship between EPA and SCAQMD. Mr. Broadbent stated that the interaction between SCAQMD, EPA, and CARB is to oversee functional plans for air quality rules and regulations. EPA has developed an MOU to reduce NOX emissions from trains and is working with airlines and ships to resolve Title VI complaints. Mr. Broadbent also acknowledged that he is aware of the fact that Environmental Justice issues are near and dear to ECAG committee members. Chair Verdugo-Peralta thanked Mr. Broadbent for taking the time from his busy schedule to speak at this meeting.
Agenda Item #3-Approval of January 13, 2002, Minutes
Under Item # 6--Review of Subcommittees--the following changes to the minutes were requested by the following ECAG members: Revise the subcommittee membership to include Stephen Sheng on Small Business and Environmental Justice Committees; Paul Choe on Outreach and Environmental Justice; Anastacio Medina on Childrens Issues; and add Rose Montoya-Lona to Environmental Justice and delete her from the Outreach Committee. The minutes were approved with the changes noted.
Agenda Item #4-Review of December 19, 2001 Minutes
After reviewing the minutes, Chair Verdugo-Peralta stated that there were sections that needed clarification in order to attribute specific comments to individual members. The proposed revisions will more accurately reflect the discussion and recommendations made by individual ECAG members. Motion to approve the amended minutes was moved by Fernando del Rio and seconded by Ms. Montoya-Lona. The minutes were approved.
Agenda Item #5-New/Renewing Caucus Members
None to approve.
Agenda Item #6 Year 2002 Goals and Objectives
The group decided to keep last years goals, with some revisions to the text. Chair Verdugo-Peralta encouraged the members to help recruit new committee members.
AQMD Community Relations Manager Lourdes Martinez stated that a letter of invitation had been mailed to the Pechanga tribe. Ms. Montoya-Lona asked for a copy of the fact sheet stipulating what the requirements are to become an ECAG member.
Agenda Items #7-9-Committee Reports
No committee reports. It was moved that the subcommittees will meet from noon to 1 p.m. prior to the monthly ECAG meetings, and the length of each committee meeting will be determined by (1) the number of members in attendance and (2) subject matter of most interested to those in attendance.
Agenda Item # 10 Discussion on Energy Issues
It was reported that the Public Utility Commission has put forth proposal for small business outreach materials.
Agenda Item #11-Enhanced Outreach Program Update
No updated information to report.
Agenda Item #12Discussion on Governing Board Agenda Items
Proposed Rule 1421--Control of Perchlorethylene Emissions from Dry Cleaning Systems--is scheduled to go to the Governing Board for set hearing on April 5.
Agenda Item #13 Other Business
Business cards for ECAG members Chair Verdugo-Peralta has spoken to Board Chair Glover regarding this issue and she requested samples of business cards from other government agencies that have Commissions and Board appointed Committee.
Public Comment
No discussion.
Adjournment
The meeting adjourned at 3:00 p.m.
LOCAL GOVERNMENT & SMALL BUSINESS
ASSISTANCE ADVISORY GROUP
FRIDAY, MARCH 15, 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, Orange County Council of Governments (OCCOG)
Margaret Clark, City of Rosemead
Jeff Comerchero, Riverside County Transportation Commission (RCTC)
Bill LaMarr, Small Business Alliance
Dale Silverman, Association of Woodworking & Furnishing Suppliers
Gary Stafford, Terra Furniture
MEMBERS ABSENT:
Ronald Loveridge, AQMD Board Member
John DeWitt, California Independent Oil Marketers Association
Terry Lacko, Monarch Industries
Mary Romero
OTHERS PRESENT:
John Billheimer, Enviro-Reality
Dominic Meo, Meo & Associates
Bob Page, Board Assistant to Board Member Jon Mikels
Rhonda Reyes, Board Assistant to Board Member Cynthia Verdugo-Peralta
AQMD STAFF:
Oscar Abarca, Assistant Deputy Executive Officer
Barbara Baird, District Counsel
Barbara Beck, Public Information Specialist
Elaine Chang, DrPH, Deputy Executive Officer
Jim Clouet, Senior Public Information Specialist
Julia Lester, P.h.D., Program Supervisor
Julie Franco, Senior Administrative Secretary
Carolyn Hamilton, Staff Assistant
Larry Kolczak, Community Relations Manager
Peter Mieras, District Prosecutor
Larry Rhinehart, Local Government Director
Ricardo Rivera, Air Quality Specialist
Laki Tisopulos, Assistant Deputy Executive Officer
Patti Whiting, Technical Writer
Jill Whynot, Planning & Rules Manager
Agenda Item #1 Call to Order/Opening Remarks
Governing Board Member Jane Carney called the meeting to order at 9:31 a.m. Bill LaMarr was introduced to the group as its newest member.
Agenda Item #2 Approval of February 15, 2002 Meeting Minutes
The minutes were approved as presented.
Agenda Item #3 Small Business Conference
Governing Board Member Cynthia Verdugo-Peralta announced to the group that a Small Business Conference, to address the needs of small businesses and to provide as much assistance to them as possible, is currently in the planning stage. The conference will also provide small businesses with an overview of upcoming rules and regulations that may affect them. She said that she has spoken to various potential sponsors including SBA, Sempra Energy and possible vendors. A suggestion was made to ask associations to become sponsors, so they can start to incorporate the conference information in their newsletters. The current target date for this conference is in the fall. Staff is currently in the process of putting together the costs.
Agenda Item #4 Role of Public Advisor
Marilyn F. Solomon, Deputy Executive Officer was not available for this presentation. In her absence, Oscar Abarca, Assistant Deputy Executive Officer informed the group that Marilyn had requested that he distribute the California Health and Safety Code Section that describes the role of the Public Advisor. He also distributed the Board letter that consolidated the functions of the Deputy Executive Officer, Public Affairs and Transportation Programs, with the Public Advisor. Oscar also informed the group that Marilyn would be giving her presentation at next months meeting and would be available for any questions at that time.
Item #5 Status of Rule 1168 Adhesive and Sealant Applications
Laki Tisopulos, Assistant Deputy Executive Officer, Planning, Rule Development, and Area Sources gave a status report on Rule 1168. He also provided the group with a copy of his presentation. The proposed amendments to this rule include the extension of time to come into compliance as follows:
Dr. Tisopulos said that staff incorporated comments received and is considering extending some of the compliance dates and limits to ease the transition of the impacted industries to the new standards. Staff also received comments on requiring permits and limit the use of methylene chloride rather than phasing it out completely.
There is currently a workshop scheduled for mid-April, with the rule going to the Board in May. A socioeconomic report will be prepared for this rule and is expected to be completed within the next few weeks.
Agenda Item # 6 Status of Rule 1133 Emission Reductions from Composting
Operations
Julia Lester, Program Supervisor, gave a status report on Rule 1133. A copy of her presentation was distributed at the meeting. A copy of the Draft Staff Report was distributed to the members of the group. This was Dr. Lesters third update to the group.
The affected industries of this rule are: greenwaste-only composting; co-composting; chipping and grinding and exempt (backyard, nursery, etc.) operations. Dr. Lester gave three different types of control scenarios: 1) enclosure of active and initial curing piles with controls; 2) enclosures of active piles, open ASP of curing piles, control; and, 3) open ASP (no enclosure) of active and initial curing piles with controls.
Dr. Lester went over the co-composting and greenwaste analysis and said that staff is working very closely with the Integrated Waste Management Board and others and that the emissions estimates are not final, but that she did not foresee any changes in the recommendations or rank ordering of the control scenarios in terms of emissions reductions effectiveness in cost.
AQMD has conducted an affordability analysis. With regard to the analysis, a question was raised as to what was meant by "tipping and product fee." Ms. Lester replied that the product fee is what composting operations can sell the compost for and the tipping fee is what they get for accepting the material.
One of the technical issues that has arisen include the current source test method and that the analysis seems conservative. Dr. Lester said that CIWMB and the City of Los Angeles test results will be incorporated into the analysis as soon as they are finalized.
Currently staff recommendations are as follows:
These recommendations could be brought to the Governing Board for consideration this fall.
Additionally, staff made the following recommendations:
Dr. Lester said that she did not feel that this rule as presently recommended would have an affect on AB939.
Agenda Item #7 Status of Rule 1421 Control of Perchloroethylene Emissions from
Dry Cleaning Systems
Jill Whynot, Planning Manager, gave a status report on Rule 1421. A copy of her presentation was distributed at the meeting. She said that staff has been working with the dry cleaning industry and other interested parties for the last year and one-half. They have held several working group meetings, focus group meetings, public workshops and consultation meetings (including several night meetings). There are approximately 2,200 dry cleaners in AQMDs jurisdiction, and the majority of them use perc. She said that perc is a probable carcinogen, and that the MATES II detected perc in the ambient air. Ms. Whynot said that AQMD has also adopted other rules, such as Rule 1122 Degreasers and Rule 1425 Motion Picture Film Printing and Processing, which have essentially eliminated or greatly reduced the use of perc.
Staff will propose a gradual transition to non-perc alternatives as existing equipment is replaced (up to 15 year maximum). The rule proposal includes a 2-year transition period, which would allow replacement with any type of equipment, including perc. For new facilities or facilities adding equipment, non-perc equipment would be required after January 1, 2003. Staff developed this proposal to balance industry concerns and the need for public health protection. The CEQA document includes a range of alternatives, inclusion industry and environmentalist proposals.
Currently there are three alternatives to the use of perc:
Ms. Whynot also said that staff has visited and spoken to several operators in AQMDs area, as well as the Bay Area, with all types of cleaning equipment. The operators they spoke to in the Bay Area that had experience with both perc and solvent machines said that solvent machines are their preference and that the perc machines and solvent machines are very close in cost.
Since cleaners do not have a big profit margin, cost is a great concern to them. Ms. Whynot said that staff will be recommending to the Board that $2 million from the Air Quality Assistance Fund (AQAF) be redirected to allow funds to be available and offer $10,000 towards the purchase of new alternative equipment before the rule requires such an action. The $10,000 is the difference between the cost of the current perc machines and the solvent machines. Staff is also requesting federal funding.
In response to Board Member Cynthia Verdugo-Peraltas question regarding the current balance of the AQAF fund, Larry Kolczak said that there is currently $2.3 million with $100,000 of that designated for the CalCAP program.
Board Member Cynthia Verdugo-Peralta had a concern with the use of the majority of the AQAF funds for one industry. She said that we would only be helping 200 out of 2,100 facilities. She suggested that staff look into the possibility of vendors for a purchase program.
Gene Beck also felt that the use of the AQAF funds for one group would eliminate the financial assistance for anyone else, since this fund is not a revolving fund. He said that last year the Governing Board approved the CalCAP loan program and the guarantee under an equipment-leasing program. As of this time, the leasing program has had nothing done. He also stated that this is the first time he has heard any mention of the funds being redirected.
Larry Kolczak mentioned that there is funding through the states hazardous reduction program, which funds between 15 and 18 loans per year and offers loans at 4% for equipment that reduces hazardous waste and that all new dry cleaning equipment including perc would qualify for this program.
There was a suggestion made by Dale Silverman and Board Member Cynthia Verdugo-Peralta to have a campaign to promote the benefits of this rule and to get the public behind us.
Currently the Set Hearing is scheduled for April 5, 2003 with the rule going to the Board in May.
Agenda Item #8 Other Business
Board Member Jane Carney said that the Goals and Objectives of this group would be going to the next Administrative Committee for approval. Greg Adams requested that the Goals and Objectives be agendized for the next meeting.
Oscar Abarca distributed a Public Notice flyer for the April 17th public hearing on AQMDs Fiscal Year 2002-2003 Draft Budget and Work Program.
Due to a scheduling conflict, next months meeting of this group will be held on April 19th from 8:30 a.m. until 9:30 a.m.
Agenda Item #9 Public Comment
Domenic Meo suggested that Jill Whynot look into the possibility of purchasing dry cleaning machines in the Bay Area, and then transporting them down here.
John Billheimer said that although the amnesty program was discussed last month, he felt that there should be some sort of pre-evaluation to determine if businesses need a permit. He also prepared and distributed a case study to those in attendance.
Agenda Item #10 Adjournment
There being no further business, the meeting was adjourned at 11:33 a.m.
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