BOARD MEETING DATE: April 4, 2003
AGENDA NO. 16

Interim Report on Implementation of Environmental Justice Enhancements

SYNOPSIS: 

At its September 2002 meeting, the Board approved implementation of Environmental Justice Program Enhancements for FY 2002-03. Staff has been providing periodic reports to advisory groups and Board Committees on progress of the 23-point enhancements. Following is an interim report on progress to date including a list of EJ enhancements that have been completed. A final report on completion of the enhancements will be presented at the August 2003 Board meeting, along with the second annual EJ program review.

COMMITTEE: 

Not Applicable

RECOMMENDED ACTION:

Receive and file.

Barry R. Wallerstein, D.Env.
Executive Officer

Background

Following the implementation of AQMD’s Environmental Justice Initiatives in October 1997, a brief implementation status of ongoing environmental justice activities has appeared as part of each month’s Public Affairs Report to the Board. In addition, ongoing environmental justice issues and activities have been tracked by the Board’s standing committees and advisory groups. Ongoing activities include Town Hall meetings, community response team actions, CEQA commenting, diesel clean-up incentives, siting of temporary mobile monitoring platforms, improvements in field inspection technology, and public comment on air toxics control strategies.

In February 2002, the Board asked staff to perform an annual review of AQMD’s environmental justice program and to lay out proposed environmental justice related activities for the following fiscal year. A series of eight public consultation meetings was held throughout the District to solicit diverse community feedback concerning the proposed program enhancements for FY 2002-03. Staff also reviewed the proposed enhancements with environmental and community groups, business groups, trade associations, and several AQMD Board committees and advisory groups. Changes to the proposed enhancements were made based on input received at these meetings.

At its September 2002 meeting, the Board approved a set of 23 Environmental Justice Enhancements. The enhancements are intended to further identify and address concerns and serve as the basis for further outreach and problem-solving activities regarding short- and long-term environmental justice issues. Following is an interim status on the implementation of each of the enhancements.

Category I: Further-Reduced Health Risks

I-1.	Re-Adopt Rule 1410 - Hydrogen Fluoride or utilize alternative mechanism requiring the use of modified HF. Status: Implemented. At the February 7, 2003, Board meeting, the Governing Board approved an MOU between AQMD and Valero Wilmington Refinery under which the refinery will enhance its existing safety systems, and modified HF will be used by December 31, 2005. Modified HF contains additives that reduce volatility and aerosol formation properties of HF.
I-2.	Provide leadership in the development of an enhanced Model Air Quality Element to be made available for use in local governments' General Plans. Status: Underway. Staff is working with Western Riverside Council of Governments and Orange County Council of Governments (Contractors) to draft and review a Model Air Quality Element. Contractor teams will submit a draft by late April with final release for potential adoption into local governments' General Plans expected by June 2003.
I-3.	Continue to pursue the concept of "Subregional Analyses" to address and mitigate significant air quality impacts in specific areas. Status: Ongoing. The Alameda Corridor is identified for the next project. Staff is developing a scoping document to identify tasks and parties involved.
I-4.	Continue to develop Localized Significance Thresholds for subregions, as another indicator of CEQA significance. Status: Underway. Staff has refined the proposal for localized significance thresholds for subregions of the Basin. A working group meeting was held on March 5, 2003 to solicit input. The basic approach is to establish significant thresholds based on existing ambient concentrations. To provide easy reference, screening tables for NOx and PM for projects less than 5 acres are provided. Use of screening tables would be an alternative to project-specific modeling, although projects could choose to do individual modeling. Projects over the thresholds would need to consider mitigation measures to reduce localized impacts. The working group meets again on April 3. The proposal is scheduled to go to the Governing Board in June 2003, pending comments from stakeholders.
I-5.	Develop a directive mechanism for Creative Penalties to benefit communities affected by local impacts. Status: At its February 2003 meeting, the Board directed staff to allocate 70 percent of the air pollution penalty revenues in 2003 for the clean school bus program. In the case of major penalty settlements greater than $200,000, 70 percent of the penalty will go toward the purchase of clean school buses or retrofit control devices at a school district near or downwind of the facility paying the penalty. Staff was also directed to transfer 10 percent of penalty fees collected during the first six months of the fiscal year to establish the Asthma and Outdoor Air Quality Consortium, and another 10 percent of penalty fees collected for the Brain Cancer and Air Pollution Foundation.
I-6.	Pursue the development of low-cost, small devices for outdoor residential monitoring of air contaminants. Status: Underway. Staff has prepared a review of portable monitoring technologies including those currently available; and technologies proposed as part of the CARB Innovative Clean Air Technologies Program, including potential future technologies. Staff has drafted procedures for the deployment of currently available portable monitors and also identified potential portable monitors that could be further developed and deployed in one to two years and on a longer term with the development of more sophisticated technology. A report summarizing the staff’s analysis will be submitted to the Governing Board at its May 2003 meeting. In addition, staff will be recommending the procurement of additional commercially available monitors to conduct further research and evaluations for future deployment including assessments of the cost to conduct such studies.

Category II: Greater Community Access & Involvement

II-1.	Pursue a requirement that AQMD CEQA assessments include a feasible projects alternative with lowest air toxics emissions. Status: Implemented. Starting January 1, 2003, staff is conducting an evaluation of a feasible least-toxic alternative for all rules that require CEQA alternatives. Each rule is being evaluated to determine if there may be significant impacts. Rules with significant impacts require analysis of CEQA alternatives. Since January 1, 2003, only one EA for a proposed rule had potentially significant impacts and required alternatives for the CEQA analysis. Staff is continuing to evaluate each rule for inclusion of feasible least-toxic alternatives. Upcoming rules include: Proposed Amended Rules 1162 – Polyester Resin Operations, PR 1127 – Emission Reductions from Livestock Waste, and Rule 2202 - On-Road Motor Vehicle Mitigation Options.
II-2.	Develop guidance and specific training for AQMD staff in agency protocol regarding public testimony and comment. Status: Phase I Implemented. Guidance for Staff Testimony and Comment Regarding Potential Health Risks is scheduled to go to the Board in April. Training in communicating health risks was included in the Guidance training for AQMD management staff conducted on February 25, 2003. Additional training is planned over the next few months for additional staff members.
II-3.	Conduct EJ Awareness & Guidance Training for AQMD Management staff and other designated staff and Board members. Status: Phase I implemented. Staff training for Executive and Management staff was held on February 25, 2003 and a Community Toxics Tour conducted on March 6, 2003. Further training for designated staff has been scheduled through June 2003.
II-4.	Improve the transparency of AQMD’s data holdings regarding AB2588 Risk Assessments for air toxics "hot spots." Status: Underway. Information on power plants, refineries, metal finishers, aerospace/electronic, and chemical plants was forwarded to CARB for inclusion on their Community Health Air Pollution Information System (CHAPIS) website. The District is in the process of developing its own AB2588 database and is planning to add it to the AQMD's website by April 2003. The data will include facility name, address, SIC and the results of the approved Health Risk Assessment, such as cancer risk values.
II-5.	Implement the electronic posting of all validated Notices to Comply and Notices of Violation. Status: Implemented. AQMD has launched an internet-based system that allows members of the public to find out whether specific facilities have received air pollution violation notices. The database contains information on Notices of Violation, and Notices to Comply (for minor violations), issued by AQMD to facilities in its four-county jurisdiction. Users can look up violation notices by facility name, street address, city or AQMD rule number within a specified time frame. The database contains detailed information on each notice including a description of the violation. The web page also incorporates comments made by members of the Local Government & Small Business Assistance Advisory Group. For example, the web site includes a warning about lawsuits that may be threatened by "bounty-hunter" law firms, and suggests that if a business encounters this problem, they should contact the Public Advisor.
II-6.	Conduct a survey to identify the website information needs of interested community-based organizations and other stakeholders Status: Implemented. Questionnaire mailed to stakeholders in November 2002 and also posted survey on AQMD’s website. Staff received comments, which were summarized and forwarded as recommendations for future enhancements. In addition, at the March 7, 2003 meeting, the Board approved a task order for enhancements to facilitate increased community use of AQMD’s website which included the evaluation and selection of a multilingual machine translation service provider, the creation of style templates and design standards, and the development of policy and procedures manuals. Also included would be training and technical support to appropriate AQMD staff in the use of the new systems.
II-7.	Establish community "clean air data depositories" at sites accessible and preferred by community stakeholders. Status: Implemented. Depositories were established at seven locations in impacted communities (Wilmington, Commerce, Pacoima, Santa Ana, Riverside, San Bernardino and Palm Desert). Depositories include District rule book, Draft 2003 AQMP, list of permitted facilities within five-mile radius of depository site, emissions inventory data for local city/region, current RFP’s, CEQA manual, AQMD’s EJ policies and programs as well as ARB’s EJ policies and Actions, and the 2002 California Almanac of Emissions and Air Quality. Information is updated on a monthly basis and availability of depositories has been announced through direct mail to local communities, e-mail to librarians and letters to community and school organizations. Staff is assessing the possibility for on-site computer access by communities.
II-8.	Enhance AQMD’s public noticing and advertising procedures to include distribution to a broader cross-section of community media outlets. Status: Implemented. Staff has identified low- or no-cost media outlets for expanding notification of community meetings and permitting actions, including Title V notices, AQMP Public Workshops, Rule 1421 Implementation and Grant Program. Staff will continue to look for additional opportunities in the future.
II-9.	Prepare and make available to residents a convenient, user-friendly public guidance handbook on air quality. Status: Underway. Staff has prepared an outline for a draft handbook. The handbook will be designed as an easy-to-read guide featuring photographs and illustrations that will outline how to help the readers with an air quality problem. The handbook will be made available in multiple languages and will include basic information on select programs such as Title V permits and the AB2588 Toxic Hot Spots Program to increase public awareness, knowledge and involvement with these programs. Other proposed topics would be: how to recognize an air pollution problem, how to make a neighborhood air quality complaint, ways to access information on local emissions and how to submit a request for public records. The handbook will undergo trial usage as part of the pilot "Neighborhood EJ Council" project prior to distribution to the general public. A completed draft of the handbook is expected in June 2003.
II-10.	Prepare an annual summary of AQMD’s EJ program efforts and proposed enhancements for the following 12 months. Status: Underway. In June 2003, staff will present an annual summary of EJ accomplishments for Fiscal Year 2002-03. In collaboration with stakeholders, staff will draft a list of proposed enhancements for Fiscal Year 2003-04. Staff will also continue to hold local workshops to inform communities on progress made.
II-11.	Organize and host an annual air quality conference for physical, social science and political science teachers and school nurses and provide enhanced materials on both regional and local air quality research findings. Status: Underway. Per discussions with Board members and input from area educators, instead of hosting a conference, staff will revise program focus to provide direct on-site school outreach to school leadership including teachers, PTA’s and students. Outreach will focus on smog and health message, highlighting the recently adopted initiatives for clean school bus funding, Asthma Consortium and other AQMD activities. School District Outreach Program is scheduled for May 2003 timeframe. The annual conference is being delayed because of current cuts to school budgets that may limit participation by teachers and nurses.
II-12.	Make broader use of co-sponsorships in AQMD’s outreach efforts, including educational events held in partnership with local community-based groups. Status: Implemented. AQMD partnered with a variety of community groups in local outreach efforts such as the Celebrate African American Heritage event held in Los Angeles, the Lantern Festival held in Monterey Park and the February Town Hall meeting held in Pico Rivera which was coordinated with the California League of Conservation Voters Education Fund. Staff has identified a variety of upcoming events in all four counties that will serve to provide impacted communities with air quality information and will continue to partner as appropriate.
II-13.	On monthly lead agency projects and documents received by AQMD, highlight projects where EJ concerns have been raised by elected officials or interested members of the public Status: Implemented. On each month’s Board agenda, the CEQA report notes those proposed projects where the AQMD has been contacted regarding potential air quality-related environmental justice concerns. The AQMD has also established an internal central contact to receive information on projects with potential air quality-related environmental justice concerns. The public may contact the AQMD about projects of concern by the following means: in writing via fax, e-mail, or standard letters; through telephone communication; as part of oral comments at AQMD meetings or other meetings where AQMD staff is present. The monthly report attachments also identify for each project the dates of the public comment period and the public hearing date, if known at the time the CEQA document is received by the AQMD.
II-14.	Develop a pilot "Neighborhood Environmental Justice Council" program to harness the power of neighborhood cooperation Status: Underway. Identified La Puente/Avocado Heights and Pico Rivera as two locations for the pilot neighborhood EJ council. Program objectives are to provide participants with briefings on AQMD policies, procedures and local air quality while helping to address local air quality problems through the joint efforts of community residents, neighboring businesses, and AQMD. This pilot effort should serve as a vehicle for ongoing communication and feedback to reduce the potential for future air quality problems in the community and improve communication between residents, local businesses and AQMD. Implementation will take place in the May 2003 timeframe.
II-15.	Make further efforts to translate pertinent public notices into multiple languages, as applicable to the cultural and ethnic populations of neighborhoods and communities. Status: Implemented. Staff has translated relevant notices and supporting documents, including AQMP Summary (Korean and Spanish), PR1168 and Title V Request for Public Hearing. Staff continues to identify upcoming rules/public notices and outreach materials that may require similar level of effort.

Category III: Economic Incentives for Accelerated Mitigation

III-1.	Develop a low-emission and clean-equipment control measure for off-road intermodal equipment. Status: Underway. Staff has initiated an effort to collect activity data and develop potential control strategy concepts. Staff is considering breaking the rulemaking into three parts, marine ports, rail yards and large warehouse operations. Staff is also assessing AQMD’s legal authority in this area. Rules will be presented in the latter part of 2003.
III-2.	Develop an expedited CEQA analysis process for any major project which contains commitments and milestone schedule for implementation of "Super Mitigation" actions. Status: Underway. A working group has been established and its first meeting was held March 25, 2003. The basic concept is to incentivize cleaner projects by offering expedited priority. The public review process under CEQA would not be changed. Expedited permit review could be realized by allowing projects implementing certain clean air strategies to use the AQMD’s Green Carpet Program. The working group will help staff identify the types of "super" clean air mitigation measures that would qualify for expedited permit processing.

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