R E V I S E D
BOARD MEETING DATE: March 1, 2002
AGENDA NO.  18

Ratify and Clarify Status of Board Committee to Facilitate Rulemaking on Refinery Control Measures FUG-04, FUG-05 and CMB-09

SYNOPSIS:

At the February 1, 2002 Board meeting, a committee consisting of Jane Carney and Leonard Paulitz was created to facilitate rulemaking on Refinery Control Measures FUG-04, FUG-05 and CMB-09. This action is to ratify that appointment and clarify that this committee is an ad hoc committee charged with accomplishing only the specific task of facilitating the development of these control measures in a limited period of time.

COMMITTEE:

Not applicable.

RECOMMENDED ACTION:

Ratify appointments of Board Members Jane Carney and Leonard Paulitz to Ad Hoc Committee to Facilitate Rulemaking on Refinery Control Measures.

Barry R. Wallerstein, D.Env.
Executive Officer

Background

The 1997 AQMP (as amended in 1999) includes several control measures affecting refineries which are scheduled for adoption this year. These measures are FUG-04, FUG-05, and CMB-09. At the February 1, 2002 Board meeting, Chairman Glover proposed and the Board approved the appointment of Board Members Jane Carney and Leonard Paulitz to work with staff, industry, and other affected stakeholders to facilitate discussions between staff and stakeholders regarding these rulemaking efforts. In addition, the effort will explore any options that may exist for providing additional flexibility under Rule 1178 as outlined in the Resolution approving the December amendments and will evaluate control measures availability for the next revision to the Air Quality Management Plan. These combined items will allow a more comprehensive look at future rulemaking activities related to refineries with a goal of obtaining cost effectiveness of controls. Staff will develop a proposal that will undergo the normal workshop process and be presented to the full Board for rule adoption consideration.

Proposal

Since the appointments of Board Members Carney and Paulitz was taken under "Other Business" but not specifically listed on the agenda, it is necessary to ratify these appointments to prevent any potential legal challenge to these appointments. Also, it is recommended that the Board clarify that these appointments do not create a "standing committee," which would be required to follow Brown Act meeting procedures, but rather create an ad hoc committee to accomplish only the specific task of facilitating the development of these control measures in a limited period of time. This action is to ratify the appointments of Board Members Carney and Paulitz and clarify that an ad hoc committee, not subject to the Brown Act, is thereby created.

/ / /