BOARD MEETING DATE: September 5, 2008
AGENDA NO. 34

REPORT:

Stationary Source Committee

SYNOPSIS:

The Stationary Source Committee met Friday, July 25, 2008. Following is a summary of that meeting. The next meeting will be September 19, at 10:30 a.m., in Conference Room CC8.

RECOMMENDED ACTIONS:

Receive and file.
 

Dennis Yates, Chair
Stationary Source Committee

Attendance

The meeting began at 10:30 a.m. Present were Dennis Yates, Dr. Joseph Lyou and Dr. Burke (attended by teleconference). Absent were Ronald Loveridge, Jane Carney, Gary Ovitt and Michael Cacciotti.
 

PUBLIC COMMENT

The Public Comment period was heard at the beginning of the meeting due to a large number of individuals who were present and staged a rally in support of an El Monte foundry, Gregg Industries, requesting the foundry to stay open. The rally was held in anticipation of the upcoming August 5, 2008, Hearing Board meeting on the issue of an Order for Abatement petition filed by AQMD regarding Gregg Industries.

Seventeen individuals provided public comment before the Stationary Source Committee in support of Gregg Industries, including eleven employees, a family member, and representatives from Mujeres de la Tierra, Amigos de los Ríos, and Cast Metal Services, Inc.

Several employees, some of whom have worked at the facility for more than 20 years, stated that they and their families also lived downwind of Gregg Industries and had not experienced health impacts or discomfort from Gregg’s operations. Many were parents of children who attended Rio Vista School, and noted that the school never alerted them to any potential health risks associated with Gregg Industries. All requested the Stationary Source Committee members to protect their livelihoods and the economic stability of the community by allowing Gregg to continue their operation at their El Monte facility.

Irma Muñoz and Maria Valdes from Mujeres de la Tierra encouraged the members of the Stationary Source Committee to visit Gregg Industries and indicated that they have invited AQMD to their meetings, but AQMD has not attended. They then specifically invited AQMD to attend an upcoming meeting about Gregg Industries at City of El Monte Council chambers at 4:00 pm on July 31, 2008. Claire Robinson from Amigos de los Rios also voiced Gregg’s support by the local community. Finally, B.L. “Butch” Griffiths of Cast Metal Services Inc. said that he has worked under contract for Gregg to conduct odor surveys and had seen the odors drop from 25 per month to 2 – 3 in the last 10 months. He emphasized the need to sustain Gregg Industries’ operations in El Monte.

Also during public comment period, Rita Loof representing RadTech, informed the Committee, that as requested, their organization formed a task force made up of 25 companies and the lead on that task force is the 3M Company. Ms. Loof encouraged staff and the Board to come up with a process of notifying industry when policies are implemented by the staff and post them on the web and she looks forward to working with the staff to get that approved. Jeff Muffet, representing 3M encouraged staff to continue working with RadTech and the Committee and continue to look at test methods on UV inks. Dr. Wallerstein suggested that 3M call his office and set up a meeting and he would be more than happy to sit down and discuss the differences.

Mayor Yates announced that the AQMD Board has adopted a policy of partnering with any company that may or may not be polluting the air we breathe. A partnership is a 50/50 deal. Gregg Industries and AQMD have to step up to the plate to resolve this. He pledged that the staff and Board Members will continue to work with Gregg to come up with a solution that will benefit those who work at Gregg and those that live around Gregg. Mayor Yates told Gregg employees that we are not out to close the factory and have employees lose their jobs, but stated that air quality problems must be solved. (This was also translated in Spanish by Oscar Abarca). Mayor Yates also announced that he is agreeable to attend the July 31, 2008 meeting.
 

INFORMATIONAL ITEMS

1. Report on Proposed Amended Rule 1108 – Cutback Asphalt

Larry Bowen, Planning & Rules Manager presented this item. Staff has completed the technology assessment for cutback asphalt to implement AQMP Control Measure FUG-03. Staff found that Rule 1108 is at least as stringent as the similar rules of other districts that have seasonal restrictions on the use of cutback asphalts since those rules have exemptions for cutback use during the restricted periods whereas Rule 1108 has no such exemptions. In addition, substitution of emulsified asphalt systems for the limited applications where cutback asphalts are used require more emulsified asphalt per application and could result in more VOC emissions. Staff is recommending Rule 1108 not be amended since a further reduction in VOC would not result.

Dr. Lyou suggested including a sentence explaining that this includes driveways and parking lots, which could be a lot of asphalt.

Mohsen Nazemi said that at the last Board Meeting, Mayor Pulido also brought up an item about recycled asphalt, which will be brought to a future Stationary Source Committee meeting.

Dr. Lyou asked if AQMD is working together with the Regional Water Quality Control Board about the porosity issue and storm water runoff. Mr. Bowen agreed that he would do that.

2. Rule 1302 – Definitions, Rule 1303 – Requirements, Rule 1701 – General, Rule 1702 – Definitions and Rule 1703 – PSD Analysis

Larry Bowen presented this item. Mr. Bowen indicated that when the Board adopted Regulation XVII in 1988 they intentionally established the same BACT requirement for major and minor stationary sources that was required for sources in Regulation XIII. Regulation XIII has been amended several times including an amendment in 1990 that affected BACT. However, Regulation XVII was not amended. These proposed amendments are to once again establish the same BACT requirements for sources subject to Regulation XIII and Regulation XVII and include these requirements for both non-attainment and attainment air contaminants in Regulation XIII. In addition, the language in Rule 1303 is proposed to be amended to clarify that in addition to complying with the requirements of Regulation XIII, subject sources must comply with other applicable District Rules and Regulations such as Regulations V and VIII.

Dr. Lyou expressed concern on the calculation method and how we go about determining applicability requirements. He also expressed concern on the compliance schedule. Mohsen Nazemi indicated that we are proposing to still use the same calculation methodology for sources which have not undergone NSR and that staff has looked at facilities that have been under a long Order of Abatement and is very actively moving towards getting them back into compliance so that it does not become an issue.

3. Status Update on AirLogix LNG-Fired IC Engine and its Potential use at the Ports for Cold Ironing

Mayor Yates indicated that he understands that Clean AirLogix is working with AQMD staff and asked staff to continue on working out a solution.

4. Rule 1315 – Report of Final Determination of Equivalency

Mohsen Nazemi, Deputy Executive Officer, gave a brief presentation giving an update on the District’s New Source Equivalency with federal law.  The final determination of equivalency for calendar year (CY) 2006 showed that the District’s New Source program was at least equivalent to the federal requirements.  Preliminary determinations for CYs 2007 and 2008 continue the trend in that they showed equivalency also.  There were no questions from committee members and no public comment on this issue.

5. Complaint Response Program

Edwin Pupka, Senior Enforcement Manager, Engineering & Compliance, provided a brief overview of the District’s Complaint Response Program and policy.  The program goals include responding to and resolving community and/or public air quality complaints, identifying the source(s) causing the complaints, and ensuring that sources comply with applicable federal, state, and local air quality regulations.  As noted in the presentation, the District annually receives between 7,000 and 9,000 air quality complaints, with approximately half of these complaints relating to odors.  Air quality complaints are received through the District’s 24-hour 1.800.CUT.SMOG complaint line.  Complaints received during normal business hours are evaluated and assigned based on the type of complaint, alleged source, location, and whether the condition causing the complaint is ongoing at the time the complaint is reported.  During non-business hours, field staff may be deployed to investigate a complaint based on specific after-hours complaint response protocol. Some air quality complaints can be resolved by phone.

Various enhancements to the complaint response program were discussed such as development of a complaint response feedback letter, strategies to enhance community outreach efforts, assessment of the District’s current policy for prioritizing air quality complaints, review of current internal and field communications capabilities, and evaluation of current criteria for establishing Public Nuisance violations.  Staff is also working on the District’s Clean Communities Plan Working Group to improve responsiveness to community complaints and to further reduce industry non-compliance. 
 

WRITTEN REPORTS

All written reports were acknowledged by the Committee.

Mayor Yates announced that the next Stationary Source Committee meeting will be on September 19, 2008.

The meeting was adjourned at 12:05 p.m.
 

Attachments (DOC, 63k)

July 25, 2008 Committee Agenda (without its attachments)