RESOLUTION 2005 - 36

A Resolution of the Governing Board of the South Coast Air Quality

Management District (AQMD) certifying the Final Environmental Assessment for

Proposed Amended Rule 1151 - Motor Vehicle and Mobile Equipment NonAssembly Line Coating Operations

A Resolution of the Governing Board of the AQMD amending Rule 1151 -

Motor Vehicle and Mobile Equipment Non-Assembly Line Coating Operations.

WHEREAS, the AQMD Governing Board has detennined with certainty that the

proposed amendments to Rule 1151 - Motor Vehicle and Mobile Equipment NonAssembly Line Coating Operations are considered a "project" pursuant to the tenDS of

the California Environmental Quality Act (CEQA); and

WHEREAS, the AQMD has had its regulatory program certified pursuant to

Public Resources Code Section 21080.5 and has conducted CEQA review pursuant to

such program (AQMD Rule 110); and

WHEREAS, the AQMD staff has prepared a Draft EA pursuant to its certified

regulatory program and state CEQA Guidelines Section 15252, setting forth the potential

environmental consequences of Proposed Amended Rule 1151 - Motor Vehicle and

Mobile Equipment Non-Assembly Line Coating Operations; and,

WHEREAS, the AQMD staff has detennined in the Draft EA that potential

adverse environmental impacts were not significant; and

WHEREAS, the Draft EA was circulated for a 30-day public review and

comment period, comments received have been responded to, and a Final EA has been

prepared; and

WHEREAS, it is necessary that the adequacy of the Final EA, including

responses to comments received on the Draft EA, be detennined by the Governing Board

prior to its certification; and

WHEREAS, the AQMD is not required to prepare a Statement of Findings, a

Statement of Overriding Considerations, or a Mitigation Monitoring Plan because the

proposed project is not expected to generate significant adverse environmental impacts;

and

WHEREAS, the AQMD Governing Bo~ voting on Proposed Amended Rule

1151 - Motor Vehicle and Mobile Equipment Non-Assembly Line Coating Operations,

has reviewed and considered the Final EA; and
WHEREAS, the AQMD Governing Board obtains its authority to adopt, amend,

or rescind rules and regulations from sections 39002, 40000, 40001, 40440, 40702 and 41508 of the California Health and Safety Code; and .

WHEREAS, the AQMD Governing Board has detemtined that a there is a

problem that Proposed Amended Rule 1151 - Motor Vehicle and Mobile Equipment

Non-Assembly Line Coating Operations will help alleviate, i.e., the Basin does not meet

the ambient air quality standards for ozone, PMI0 and PM2.5, and PAR 1151 will

promote attainment of these standards; and

WHEREAS, the AQMD Governing Board has determined that Proposed

Amended Rule 1151 - Motor Vehicle and Mobile Equipment Non-Assembly Line

Coating Operations, is written or displayed so that its meaning can be easily understood

by the persons directly affected by it; and

WHEREAS, the AQMD Governing Board has determined that Proposed

Amended Rule 1151 - Motor Vehicle and Mobile Equipment Non-Assembly Line

Coating Operations is in hannony with, and not in conflict with or contradictory to,

existing statutes, court decisions, or federal or state regulations; and

WHEREAS, the AQMD Governing Board has detemrined that Proposed

Amended Rule 1151 - Motor Vehicle and Mobile Equipment Non-Assembly Line

Coating Operations does not impose the same requirements as any existing state or

federal regulations, and the proposed amended rule is necessary and proper to execute the

powers and duties granted to, and imposed upon, the AQMD; and

WHEREAS, the AQMD Governing Board in amending this regulation,

references the following statutes which the AQMD hereby implements, interprets or

makes specific: California Health and Safety Code Sections 40001, 40440 and 40702,

and the Federal Clean Air Act Section 172(cXi); and

WHEREAS, the AQMD Governing Board has detennined that Proposed

Amended Rule 1151 - Motor Vehicle and Mobile Equipment Non-Assembly Line

Coating Operations implements, in part, Control Measure CTS-lO of the 2003 AQMP; and .

WHEREAS, the AQMD Governing Board has determined that the

socioeconomic impact analysis for Proposed Amended Rule 1151 - Motor Vehicle and

Mobile Equipment Non-Assembly Line Coating Operations is consistent with the

provisions of Health and Safety Code Sections 40440.8, 40728.5 and 40920.6; and

WHEREAS, the AQMD Governing Board has determined that Proposed

Amended Rule 1151 - Motor Vehicle and Mobile Equipment Non-Assembly Line

Coating Operations will result in increased costs to the industry, yet are not expected to

be significant as described in the socioeconomic impact analysis; and
WHEREAS, the AQMD Governing Board specifies manager of Proposed

Amended Rule 1151 - Motor Vehicle and Mobile Equipment Non-Assembly Line

Coating Operations as the custodian of the documents or other materials which constitute

the record of proceedings upon which the adoption of this proposed amendment is based,

which are located at the South Coast Air Quality Management District, 21865 Copley

Drive, Diamond Bar, California 91765; and

WHEREAS, a public hearing has been properly noticed in accordance with the

provisions of Health and Safety Code Section 40725; and

WHEREAS, the Governing Board finds and determines, taking into

consideration the factors in §(d)(4)(D) of the Governing Board Procedures, that the

modifications adopted which have been made to PAR 1151 - Motor Vehicle and Mobile

Equipment Non-Assembly Line Coating Operations, since notice of public hearing was

published do not significantly change the meaning of the proposed rule within the

meaning of Health and Safety Code §40726 and would not constitute significant new

information requiring recirculation of the Draft CEQA document pursuant to CEQA

Guidelines § 15088.5; and

WHEREAS, the AQMD Governing Board has held a public hearing in

accordance with all provisions of law; and

NOW, THEREFORE, BE IT RESOLVED that the AQMD Governing Board

directs staff to further evaluate low- VOC technologies such as ultraviolet (UV) and

electron beam (EB) coating applications as it becomes available for the upcoming AQMP

update and future rule amendments.

BE IT FURTHER RESOLVED that the AQMD Governing Board hereby

certifies, pursuant to the authority granted by law, the Final EA for Proposed Amended

Rule 1151 - Motor Vehicle and Mobile Equipment Non-Assembly Line Coating

Operations.

BE IT FURTHER RESOLVED that the AQMD Governing Board hereby

amends, pursuant to the authority granted by law, Rule 1151 - Motor Vehicle and Mobile

Equipment Non-Assembly Line Coating Operations, as set forth in the attached, and

incorporated herein by this reference.

AYES: Antonovich, LaPisto- Kirtley, Loveridge, Silva,

Verdugo-Peralta, Wilson, and Yates.

Ovitt, Perry,

NOES~ None.

ABSENT: Burke, Carney, and Pulido.

JL'" l"\"lt {d~~ .to.,.;'

dra McDaniel, Clerk of the Boards

DATE~.2. '2.ou~
SUMMARY

MINUTES OF THE BOARD OF THE

SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT

SAUNDRA McDANIEL. CLERK OF THE BOARD

FRIDAY, DECEMBER 2, 2005

Notice having been duly given, the regular meeting of the South Coast Air Quality

Management District Board was held at District Headquarters, 21865 Copley Drive,

Diamond Bar, California. Members present:

Supervisor S. Roy Wilson, Ed.D., Vice Chairman

County of Riverside

Supervisor Michael D. Antonovich

County of Los Angeles

Ms. Jane W. Carney

Senate Rules Committee Appointee

Mayor Beatrice J. S. LaPisto-Kirtley

Cities of Los Angeles County - Eastern Region

Mayor Ronald O. Loveridge

Cities of Riverside County

Supervisor Gary Ovitt

County of San Bernardino

Councilmember Jan Perry

Cities of Los Angeles County - Western Region

Supervisor James W. Silva

County of Orange

Ms. Cynthia Verdugo-Peralta

Governor's Appointee

Mayor Dennis R. Yates

Cities of San Bernardino County

Members Absent:

William A. Burke, Ed.D., Chairman

Speaker of the Assembly Appointee

Mayor Miguel A. Pulido

Cities of Orange County
-2-

CALL TO ORDER: Vice Chairman Wilson called the meeting to order at 9:10 a.m.

. Pledge of Allegiance: Led by Mr. Yates.

Presentation of Plaque by American Lung Association of Inland Counties to

AOMD for Walkathon

.

Mr. Patrick J. Kudell, Executive Director of the American Lung Association,

presented a plaque to the Board, on behalf of the Board of Directors of the Inland

Counties, in appreciation of AQMD's support and participation at the 2005

Asthma Walk held on October 2, 2005.

. Recognize Employees with Twenty-Five, Thirty, and Thirty-Five Years of Service

Eudora Tharp, Assistant DEO of Administrative and Human Resources

read the names of the employees as follows:

Twenty-Five years: Linda Basilio, David Carrillo, Tina Cherry, Winnie Cho,

Gayle Crockett, Stacey Ebiner, Rudy Eden, Gail Georg, Sandra Horn,

Mary Houze, Pang Mueller, Joan Nier1it, Sandra Ornelas, Michael Shu,

Richard Thrash, Marilyn Traynor, Huber1 Wilson, Paul Wuebben, and Brian Yeh.

Thirty years: Paul Chavez and Fred Lettice.

Thirty-Five years: Leonard Edwards.

Vice Chairman Wilson thanked the employees for their dedicated service

to the AQMD.

Status of Rule 1113 - Architectural Coatings Implementation

Dr. Wallerstein gave the status report on Rule 1113. As directed by the

Board, an independent contractor conducted follow-up feasibility work. Two pans

of the three part report have been received, with the third part due today, and the

final report to be received by December 12, 2005.

In addition, Mr. Antonovich and Ms. Perry, who serve as members on the

Ad-Hoc Committee initiated by Chairman Burke, have worked with staff and

several meetings were held with affected industry.

Staff's written response to industry's proposal will be integrated into an

extensive updated report for presentation at the Stationary Source Committee

meeting on December 21, 2005, and a full report provided at the January 6,2006

Board meeting.
-3.

CONSENT CALENDAR

1 Minutes of November 4, 2005 Board Meeting

Set Public Hearings to Consider Amendments and/or Adoption to AOMD Rules

and Regulations

2.

January 6. 2006:

(A). Amend Rule 1107 - Coating of Metal Parts and Products

FebruarY 3. 2006:

(B). Adopt Proposed Rules 3501 . Recordkeeping for Locomotive Idling;

and 3502 . Minimization of Emissions from Long Duration Idling

3. Execute Contract for Investment Consultant Services

4, Extend Contracts for Legislative Representation in Sacramento, California

Execute Contracts to Generate Emission Credits under Rule 1121 Mitigation Fee

Program

5.

Execute Contracts for FY 2004-05 Carl Moyer Memorial Air Quality Standards

Attainment Program

6.

Execute Contract to Conduct Emissions Testing for Advanced Locomotive

Aftertreatment Technology

7.

Recognize Revenue and Approve Expenditures for Conference on Ultrafine

Particles

8.

Amend FY 2005-06 Budget to Increase Number of Combustion Analyzers

Authorized for Purchase

9.

1p, Issue RFP to Review Emissions Inventories and Health Risk Assessments

Developed for Rule 3503 - Emissions Inventory and Health Risk Assessments

for Railyards

11 Public Affairs Report

12 Hearing Board Report

13. Civil Filing and Civil Penalties Report

14 Rule and Control Measure Forecast

15. Lead Agency Projects and Environmental Documents Received by AOMD
-4-

Status Report on Major Projects for Information Management Scheduled to Start

During First Six Months of 2005-06

16.

Annual Environmental Justice Program Review and Proposed Work Plan for

FY 2005-06;

17

Technology Assessment for Rule 1122 - Solvent Degreasers 18.

Agenda Items 2(8) and 4 were withheld for discussion.

Vice Chairman Wilson, Mr. Antonovich, and Mr. Ovitt indicated they would

abstain on Item 6 because of campaign contributions from Burttec and Clean

Energy; Athens; and Burttec and Tamco Steel; respectively.

ON MOTION OF MS. PERRY, SECONDED BY

MS. laPISTO-KIRTlEY, THE BOARD APPROVED AGENDA

ITEMS 1, 2(A), 3, AND 5 THROUGH 18, AS RECOMMENDED

BY STAFF, BY THE FOllOWING VOTE:

Antonovich [except Item 6], Carney,

LaPisto-Kirtley, Loveridge, Ovitt [except Item ~I

Perry, Silva, Verdugo-Peralta, Yates, and Wilson

[except Item 6].

AYES

NOES: None,

ABSTAIN: Antonovich, Ovitt, and Wilson [on Item 6 only],

ABSENT: Burke and Pulido.

19. Items Deferred - -- -- - - from ~ Consent ~ Calendar

Set Public Hearing February 3, 2006 to Adopt Proposed Rules 3501 .

Recordkeeping for Locomotive Idling; and 3502 - Minimization of

Emissions from Long Duration Idling

2(8).

In response to Ms. Perry's concerns regarding the railroads

"policing" themselves, and verification and accuracy of handwritten

entries, Elaine Chang, DEO of Planning, Rule Development & Area

Sources, noted that staff is reviewing its legal authority to require the

railroads to install recordkeeping technology. However, if the AQMD lacks

the legal authority, all records kept by the railroads would be made

available to AQMD staff; and inspectors would be relied upon to take

records and verity submittals for accuracy.
?~

Ms. Perry, Ms. Verdugo-Peralta, Mr. Antonovich, Mr. Ovitt, and

Mr. Yates, expressed their opposition to self-monitoring without any

oversight or independent manner to verify the data and recordkeeping.

Ms. Chang confirmed that the Mobile Source Committee would be

addressing the issue of enforcement at its January 27, 2006 meeting.

THE BOARD APPROVED AGENDA ITEM 2(B), BY A

UNANIMOUS VOTE OF THE BOARD MEMBERS

PRESENT (Absent: Burke and Pulido).

4. Extend Contracts for Legislative Representation in Sacramento, California

Mr. Yates noted his concern of the Statement of Work for the two

legislative consultants being nearly identical, and voiced his opposition to

the cost to have three different firms provide legislative representation for

the AQMD. He recommended that the three contracts be pulled and

monitored on their ability to produce results for the AQMD, and on past

performances.

Mr. Ovitt noted he serves on other boards that have larger budgets

than the AOMD and have only one consultant monitoring all their bills.

He expressed the need to downsize to one consultant and his support for

a consultant who can adequately meet the AOMD's needs.

MR. YATES MOVED, SECONDED BY MR. OVITT, TO

1) PULL THE TWO CONTRACTS FOR LEGISLATIVE

REPRESENTATION IN SACRAMENTO; 2) DtRECT

STAFF TO QUANTIFY THE PERFORMANCE AND

BENEFITS ACHIEVED BY ALLAN LIND &

ASSOCIATES AND CALIFORNIA STRATEGIES &

ADVOCACY, LLC, .IN 2005; AND 3) PULL THE

WASHINGTON, D.C. CONTRACT OF SENATOR

ROBERT POLANCO OF TRES ES, INC. THAT WAS

APPROVED BY THE BOARD IN SEPTEMBER 2005, IN

ORDER TO QUANTIFY ITS PERFORMANCE AND

BENEFITS ACHIEVED IN 2005.

MS. LaPISTO-KIRL TEY MADE A SUBSTITUTE

MOTION TO: 1) APPROVE THE LEGISLATIVE

CONTRACTS OF ALLAN LIND & ASSOCIATES AND

CALIFORNIA STRATEGIES & ADVOCACY, LLC, UNTIL

NOVEMBER 11, 2006; AND 2) RELEASE AN RFP IN

2006 FOR LEGISLATIVE REPRESENTATION IN

SACRAMENTO, CALIFORNIA.
-6-

Ms. LaPisto-Kirtley noted. that the Allan Lind & Associates

consultant secured $40 - $50 million in Carl Moyer funds each year for the

next 10 years; effectively tracked air quality bills; worked well with staff; are

knowledgeable; and targeted its efforts on the AQMD's legislative agenda.

With regard to the California Strategies & Advocacy, LLC, they interface

with the Governor's office; provide a significant share of work to implement

the AQMD's legislative policies; were successful in getting a bill signed by

the Governor, and two bills are alive because of the AQMD's powerful

lobbying team.

Ms. Carney expressed her concern with the performance the AOMD

has received from its lobbyist, noting that an exact set of standards should

be set at the beginning of the year; and that at the end of the year a review

of the work performance would be made of each firm.

Ms. Verdugo-Peralta expressed her agreement that it was a

combination of the AQMD's lobbyists and staff working together to get the

Carl Moyer funding; and that a report card on a contract-by-contract basis

is needed to make sure the contracts are up to standard.

Mr. Loveridge, Mr. Silva, and Dr. Wilson expressed agreement that

the AQMD needs to look at ways to save money; however, the contracts

should be approved until November 2006, at which time all three contracts

could be reviewed to determine whether cuts can be made.

Dr. Wallerstein clarified that the lobbyists are in their final year of

existing contracts. Staff will prepare an RFP and the Board will then

decide, based on the proposals and interviews of potential firms, whether

to take a more economical approach by hiring one firm rather than multiple

firms.

Dr. Wallerstein suggested that if the contracts are approved, staff

would work with the consultants to provide a written report enumerating

and quantifying the activities of each consultant in the Board's monthly

package.

THE SUBSTITUTE MOTION TO APPROVE THE

lEGISLATIVE CONTRACTS OF ALLAN llND &

ASSOCIATES AND CALIFORNIA STRATEGIES &

ADVOCACY, llC, UNTil NOVEMBER 11, 2006,

AND TO RELEASE AN RFP IN 2006 FOR

lEGISLATIVE REPRESENTATION IN SACRAMENTO,

CALIFORNIA, WAS SECONDED BY MS. CARNEY

AND PASSED BY THE FOllOWING VOTE:
-7.

Antonovich, Carney,

Loveridge, Perry, Silva,

and Wilson.

LaPisto-Kirtley,

Verdugo-Peralta,

AYES:

NOES: Ovitt and Yates.

ABSENT: Burke and Pulido,

BOARD CALENDAR

20. Administrative Committee

I nvestment Oversight Committee

22. Legislative Committee

23. Mobile Source Committee

24. Stationary Source Committee

Technology Committee

California Air Resources Board Monthly Report (No Written Material - Transcripts of the

meetings are available at CARB's web site, www.arb.ca.gov)

26.

/

ON MOTION OF MS. LaPISTO-KIRTLEY, SECONDED BY

MS. PERRY, AND UNANIMOUSLY CARRIED (Absent: Burke

and Pulido), THE BOARD RECEIVED AND FILED AGENDA

ITEMS 20 THROUGH 26, AS RECOMMENDED BY STAFF.

PUBLIC HEARINGS

27. Adopt Proposed Rule 1316 - Federal Major Modifications

Larry Bowen, Planning and Rules Manager, gave the staff report. An

errata sheet amending staff's original proposal to delete the exemption for the

statewide certification was distributed by staff to the Board members and copies

made available to the public.

The public hearing was opened, and the Board heard testimony from the

following individual.

LEE WALLACE. Southern California Gas

Expressed support for staff's proposal as presented to the Board; and as

Chair of the New Source Review (NSR) Sub-Committee, urged the Board to

continue its commitment to resolve problems within the AQMD's NSR program

that are being experienced by permit applicants. ""
There being no further public testimony on this item, the public hearing

was closed.

*Written Comments Submitted bY:

Natural Resources Defense Council

Adams Broadwell Joseph & Cardozo

ON MOTION OF MR. YATES, SECONDED BY

MS. VERDUGO-PERALTA, AND UNANIMOUSLY CARRIED

(Absent: Afltonovich, Burke, and Pulido), THE BOARD

ADOPTED RESOLUTION NO. 05-35, ADOPTING RULE 1316

AND CERTIFYING THE NOTICE OF EXEMPTION FROM THE

REQUIREMENTS OF THE CEQA, AS RECOMMENDED

BY STAFF, WITH THE FOLLOWING MODIFICATIONS TO

RULE 1316, AS SET FORTH IN THE ERRATA SHEET:

Add to the Resolution:

"WHEREAS. the GoverninG Board finds and determines.

takin into consideration the factors in d 4 D of the

GoverninG Board Procedures. that the modifications aQQ.Qt@d

which have been made to ProDosed Rule 1316 - Federal Msior

Mod;fications since Notice of Public HearinG was Dublisheddo

not s;Gnificantlv chanGe the meaninG of the DroDosed amendeg'

rule within the meaninG of Health and Safe~ Q 40726 and

would not constitute siGnificant new information Dursuant to

CEOA Guidelines Q 15088.5: and'

Modifications to Rule 1316:

Amend subdivision (b)

M(b} Federal Major Modification Exemptions

If the permit applicant demonstrates that a

proposed modification to an existing stationary

source would not constitute a Federal Major

Modification, the application for permit to construct

such modification shall not be subject to iRe

f:;!!:;~':!.~g ...=q~!...~.r;o';'e.~t=:i

BulB 1303(b)(S)(A)..,..aR6

(!:) .~~#e ~ .iGl.i{!::) {.5) {!:).
-9-

Amend subdivision (c)

Plantwide Applicability Limit (PAL) "(c)

The operator of a major stationary source may apply to

the Executive Officer for approval of a plan to use a

Plantwide Applicability Limit (PAL). The PAL plan shall

be subject to the provisions of Rule 306 - Plan Fees. The

Executive Officer shall approve use of a PAL if the

source operator demonstr~tes that the PAL will conform

with all provisions applicable to PALs specified in 40 CFR

Section 51. 165(f)(1)-(15). Facilities with approved PALs

are not subject to Rule 1303(b)(5)(A) a.~G {!::){5){B) for the

pollutant for which the PAL is approved, for transactions

allowable under the PAL."

Amend Rule 1151 - Motor Vehicle and Mobile Equipment Non-Assembly Line

Coating Operations

28.

Ms. Carney indicated that she would recuse herself and leave the dais

during testimony on Item No. 28, because Don Graff, majority owner of Precision

Motion Inc., is a source of income, and TMI Products Inc., is a former source of

income; and they may be materially affected by the proposed amendment.

Larry Bowen, Planning and Rules Manager, and Jean Ospital, Health

Effects Officer, Planning, Rule Development and Area Sources, gave the staff

report.

The public hearing was opened, and the Board heard testimony from the

following individuals.

*DAN POURREAU, Lyondell Chemical

* JAMES SELL, National Paint & Coatings Association

EMILY TAYLOR, DuPont Performance Coatings

*M IKE VENEY. Sherwin-Williams Automotive Finishes Corooration

(*Submitted written comments)

Expressed suppor1 for a complete exemption of TBAc, as it would

significantly reduce ozone levels in the South Coast Basin, and it is a

better solvent than water, acetone, or PCBTF, the three VaC-exempt

solvents being proposed to meet the new vac limits.

.
-t().

Expressed support for CARB's Suggested Control Measure (SCM)

compliance date of January 1, 2009, noting the six months is needed to

bring waterborne products effectively into the market.

.

Noted that the July 1, 2008 compliance date proposed by staff would result

in an unnecessary build up of inventory, cost consequences, and a

significant and negative impact on industry's internal systems and

processes.

.

Noted that the July 1, 2008 compliance date would require industry to

modify manufacturing scheduling for compliant clear base components;

would result in an added and unnecessary layer of complexity; would be

no gain in emission reductions; could possibly be an added layer of

investigative burden for inspectors; and provides a competitive advantage

to larger distributors.

.

Requested that the Board adopt the SCM timing schedule as adopted by

CARB on October 20, 2005.

BILL LaMARR. California Small Business Alliance

Expressed opposition to the prohibition of possession language for

coatings that do not meet the vac limits as it threatens enforcement for the mere

presence of a container at a facility. Suggested that control measures be placed

in the rule to address this undue burden on shop owners. Raised a concern

regarding possible covert enforcement techniques being used by AOMD staff.

JOHN BILLHEIMER. Enviro-Realitv

Suggested that industry be given the option to determine what should be

exempt, and urged staff not to eliminate the use of TBAc for the 90 percent of

small shops that have no other alternatives. (Submitted written comments)

---RITA LOOF RadT~s::h

Noted that its trade association members supply and formulate products

for the automotive refinish industry. Thanked Dr. Wallerstein and members of the

Stationary Source Committee for taking their comments into consideration.

GENE LOPEZ. Seidner's Collision Centers. California Autobodv Association

Expressed support for staff's proposal, noting that the July 2008 date will

allow industry a transition period to make waterborne products available in the

market by December 2008. Noted that the Manufacturer's Paint Coalition are

taking every opportunity to prepare and deliver these water borne products prior

to December 2008.
In response to questions and concerns raised by Board Members and the

public, Dr. Wallerstein rnadethe following clarifications.

Inspectors identify themselves as AQMD inspectors upon entering

facilities, and the AQMD does not have as policy, nor is it protocol,

for inspectors to somehow fool someone in order to write a ticket.

.

The prohibition of possession is included in the SCM for

enforcement and emission reduction purposes. Staff believes the

Board is bound to the provision because it is implementing a state

requirement.

.

Without the prohibition of possession provision, if facilities with

permits are using higher VaG materials than they are noting, and

they are allowed to have the product on the shelf and say they are

not using them, then it may create some enforcement problems

relative to the permit conditions.

.

The state SCM compliance date is January 2009 and staff's

proposal before the Board is July 2008. The SCM is meant to guide

each of the local districts in approving a regulation, and the Board

is required to adopt the SCM or something that is more stringent.

Industry is requesting that the Board adopt the state date for

coating categories.

.

Staff believes the limit should be moved up six months because:

(i) the products will be available and are going to be used in

Europe well before July 2008; (ii) the ozone in the Basin is worse

than anywhere else in the state; (iii) the July date will improve air

quality by as much as three tons duri,ng the 2008 ozone season;

and (iv) because of the sell-though provision, the six month

difference will not cause a significant job impact.

.

Moving industry into waterborne systems will have significant

advantages for industry. They will continue to reduce their

hazardous waste disposal, and waterborne systems will be better

for the workers and business operator.

.

Relative to the TBACs, industry and the producer of the material

would ,like a blanket exemption such as in the CARB SCM;

however, CARB noted that local districts need to do specific

analysis as to the toxic effect.

.

A letter submitted by CARB encouraged the adoption of staff's

proposal before the Board; it did not say that the Board should

adopt its SCM and not adopt staff's proposal.

.
.~

Ms. Verdugo-Peralta expressed her concern that the staff report did not

include job loss, noting that the AQMD is trying to get industry to support its

rules and regulations; however, industry is not being given the tools or help

during the transition from one product into another.

There being no further public testimony of this item, the public hearing was

closed

*Written Comments Submitted by:

Akzo Nobel

California Air Resources Board

ON MOTION OF MS. VERDUGO-PERALTA, SECONDED

BY MS. LaPISTO-KIRTLEY, AND UNANIMOUSLY CARRIED

(Absent: Burke, Carney, and Pulido), THE BOARD ADOPTED

RESOLUTION NO. 05-36, ADOPTING RULE 1151

AND CERTIFYING THE CEQA FINAL ENVIRONMENTAL

ASSESSMENT, AS RECOMMENDED BY STAFF.

Amend Regulation IX - Standards of Performance for New StationarY Sources

and Regulation X - National Emission Standards for Hazardous Air Pollutants

29.

Staff waived the oral report on Agenda Item 29. The public hearing was

opened. There being no request from the public to speak on this item, the public

hearing was closed.

ON MOTION OF MR. YATES, SECONDED BY

MS. LaPISTO-KIRTLEY, AND UNANIMOUSLY CARRIED

(Absent: Burke, Carney, and Pulido), THE BOARD

ADOPTED RESOLUTION NO. 05-37, ADOPTING RULE 1316

AND CERTIFYING THE NOTICE OF EXEMPTION

FROM CECA REQUIREMENTS, AS RECOMMENDED BY

STAFF.

PUBLIC COMMENT PERIOD - (Public Comment on Non-Agenda Items, Pursuant to

Government Code Section 54954.3)

There was no public comment on non-agenda items.

)
CLOSED - - - ~ SESSION

The Board recessed to closed session at 10:50 a.m. pursuant to Government

Code section 54597.6(a) to meet with designated representatives regarding

represented employee salaries and benefits or other mandatory subjects within the

scope of representation [Negotiator: Eudora Tharp; Represented Employees:

Teamsters Local 911 and SCAOMD Professional Employees Association] and to meet

with labor negotiators regarding unrepresented employees [Agency Designated

Representative: Eudora Tharp; Unrepresented Employees: Designated Deputies and

Management and Confidential employees]

ADJOURN-MENT

Following closed session, District Counsel Kurt Wiese announced that the

Board took no reportable action in closed session; and the meeting was adjourned

at 11:10 a.m.

The foregoing is a true statement of the proceedings held by the South Coast Air

Quality Management District Board on December 2, 2005.

Respectfully Submitted!

$~~ ROSE ~~C"'

Senior Deputy Clerk

t\

Date Minutes Approved: I ~ /I~ to i .'-t97j to

. .,

ACRONYMS

CARB = California Air Resources Board

CEQA = Califomia Environmental Quality Act

FY = Fiscal Year

PCBTF = Parachlorobenzotrifluoride

PR = Proposed Rule

RFP = Request for Proposals