### RESOLUTION 2005- 36

A Resolution of the Governing Board of the South Coast Air Quality ManagementDistrict (AQMD) certifying the Final Environmental Assessmentfor Proposed Amended Rule 1151 

### - Motor Vehicle and Mobile Equipment NonAssemblyLine Coating Operations A Resolution of the Governing Board of the AQMD amending Rule 1151


### - Motor Vehicle and Mobile Equipment Non-AssemblyLine Coating Operations. WHEREAS, theAQMD GoverningBoardhasdetennined with certaintythat the proposed amendments to Rule 1151 

### - Motor Vehicle and Mobile Equipment NonAssemblyLine CoatingOperations areconsidered

a "project" pursuantto thetenDS of theCaliforniaEnvironmental QualityAct (CEQA);and WHEREAS, the AQMD has had its regulatoryprogram certified pursuantto Public Resources

CodeSection21080.5andhasconducted CEQA review pursuantto such program(AQMD Rule 110);and WHEREAS, the AQMD staff hasprepared a Draft EA pursuantto its certified regulatory

programandstateCEQA GuidelinesSection15252, settingforth thepotential environmentalconsequences of ProposedAmendedRule 1151

### - Motor Vehicle and Mobile Equipment

Non-Assembly

Line CoatingOperations; and, WHEREAS, the AQMD staff has detenninedin the Draft EA that potential adverse environmental

impacts werenot significant;and WHEREAS, the Draft EA was circulated for a 30-day public review and comment

period,comments

receivedhavebeenresponded to, anda Final EA has been prepared;

and 

### WHEREAS,

it is necessary

that the adequacyof the Final EA, including responses

to comments

received ontheDraft EA, bedetennined by theGoverningBoard priorto its certification;and WHEREAS, the AQMD is not requiredto preparea 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 GoverningBo~ voting on Proposed AmendedRule 1151- Motor Vehicle andMobile EquipmentNon-AssemblyLine CoatingOperations, hasreviewedandconsidered theFinal EA; andWHEREAS, theAQMD GoverningBoardobtainsits authorityto adopt,amend,

or rescindrules andregulationsfrom sections39002,40000,40001,40440,40702 and 41508of theCaliforniaHealthandSafetyCode;and

. WHEREAS, the AQMD Governing Board has detemtinedthat a there is a problemthat Proposed

AmendedRule 1151

### - Motor Vehicle and Mobile Equipment Non-Assembly

Line CoatingOperations will help alleviate,i.e.,the Basindoesnot meet the ambientair 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 Vehicleand Mobile Equipment Non-Assembly

Line CoatingOperations,

is written or displayedsothat its meaningcanbe easilyunderstood bythepersons

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 CoatingOperationsis in hannonywith, and not in conflict with or contradictoryto, existingstatutes,

courtdecisions,

or federalor state

regulations;

and WHEREAS, the AQMD Governing Board has detemrined that Proposed Amended Rule 1151 

### - Motor Vehicle and Mobile Equipment Non-Assembly Line Coating Operationsdoes not imposethe samerequirements as any existing state or federalregulations,

andtheproposed

amended rule is necessary

andproperto execute

the powersanddutiesgranted to,andimposed

upon,theAQMD; and WHEREAS, the AQMD Governing Board in amending this regulation, references

the following statutes

which the AQMD hereby implements,interpretsor makesspecific: California Health and SafetyCodeSections 40001,40440and40702, andtheFederal

CleanAir Act Section172(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

impactanalysisfor Proposed AmendedRule 1151- Motor Vehicle and Mobile Equipment Non-Assembly Line Coating Operations is consistentwith the provisionsof HealthandSafetyCodeSections 40440.8, 40728.5 and40920.6;

and WHEREAS, the AQMD Governing Board has determined that Proposed Amended Rule 1151 

### - Motor Vehicle and Mobile Equipment Non-Assembly Line CoatingOperations

will resultin increased

coststo the industry,yet arenot expected to besignificantasdescribed in thesocioeconomic

impactanalysis;

andWHEREAS, the AQMD Governing Board specifies managerof Proposed

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

asthecustodian

of thedocuments

or othermaterials

which constitute therecordof proceedings uponwhichtheadoption of this proposed

amendment

is based, which are locatedat the SouthCoastAir Quality Management District, 21865Copley Drive,DiamondBar,California91765;and WHEREAS, a public hearinghasbeenproperly noticedin accordance with the provisions

of HealthandSafetyCodeSection 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 modificationsadopted

which havebeenmade

to PAR 1151

### - Motor VehicleandMobile Equipment

Non-AssemblyLine CoatingOperations, sincenotice of public hearingwas publisheddo not significantly changethe meaning of the proposedrule within the meaningof Health and SafetyCode §40726andwould not constitutesignificant new information requiring recirculation of the Draft CEQA documentpursuantto CEQA Guidelines

§ 15088.5;

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

with all provisionsof law; and NOW, THEREFORE, BE IT RESOLVED thatthe AQMD GoverningBoard directsstaff to further evaluatelow-VOC technologiessuch as ultraviolet (UV) and electron beam(EB) coatingapplications asit becomes

available for theupcoming

AQMP update andfuturerule amendments. BE IT FURTHER RESOLVED that the AQMD Governing Board hereby certifies,pursuant

to the authoritygranted 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 theauthoritygranted

by law, Rule 1151

### - Motor VehicleandMobile EquipmentNon-AssemblyLine Coating Operations,as set forth in the attached,and incorporated

hereinby this reference.
Silva, AYES: Antonovich, LaPisto- Kirtley, Loveridge, Verdugo-Peralta,

Wilson,andYates. Perry, Ovitt,

NOES~ 

### None.

Burke,Carney,

andPulido. 

### ABSENT:

JL'" 

### l"\"lt {d~~ .to.,.;' dra McDaniel, Clerk of the Boards 

# DATE~.2. '2.ou~SUMMARY MINUTES OF THE BOARD OFTHE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT

SAUNDRA McDANIEL. CLERKOFTHE 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. RoyWilson, 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,DavidCarrillo,TinaCherry,WinnieCho, Gayle Crockett, Stacey Ebiner, Rudy Eden, Gail Georg, Sandra Horn, Mary Houze, Pang Mueller, Joan Nier1it, Sandra Ornelas, Michael Shu, RichardThrash,Marilyn Traynor,Huber1

Wilson,PaulWuebben,and BrianYeh. 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.


### CONSENTCALENDAR Minutes of November 4, 2005 Board Meeting 

### 1 Set Public Hearingsto Consider Amendments and/or Adoption to AOMD Rules and Regulations 2. 

### January6.2006: (A). AmendRule1107- Coatingof MetalPartsand Products
FebruarY 

### 3.2006: (B). Adopt Proposed Rules 3501


## . Recordkeeping for Locomotive Idling; and 3502



### . Minimization of Emissions

from LongDurationIdling
Execute Contract for Investment Consultant Services 3. Extend Contracts for Legislative Representation in Sacramento, California 4, 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 

### FY2005-06Budget 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 Ruleand Control Measure Forecast Lead Agency Projects and Environmental Documents Received by AOMD 

### 15.-4-

Status Report on Major Projects for Information Management Scheduled to Start During First Six Months of 2005-06 

### 16.
AnnualEnvironmental Justice Program Review and Proposed Work Plan for FY 2005-06; 17
Technology Assessment for Rule 1122 - Solvent Degreasers 

### 18. AgendaItems 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, BYTHE FOllOWING VOTE:



### Antonovich [except Item 6], Carney, LaPisto-Kirtley,Loveridge, Ovitt [except Item ~I Perry, Silva,Verdugo-Peralta,Yates, and Wilson [exceptItem6]. AYES

NOES: 

### None,

Antonovich, 

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

### and Pulido. ABSENT:

Items Deferred from Consent Calendar - -- -- - - ~ ~ 

### 19. 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). 

### ExtendContracts

for LegislativeRepresentation in Sacramento,

California 4. 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 notedhe serveson other boardsthat have largerbudgets than the AOMD and have only one consultant monitoringall their bills. Heexpressedthe needto downsize to one consultantand his supportfor 

### aconsultant

whocanadequately

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-KIRLTEY 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.Carneyexpressedherconcernwith 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, andWilson. LaPisto-Kirtley, Verdugo-Peralta, AYES:

NOES: Ovitt and Yates.

Burke and Pulido, ABSENT: 

### BOARDCALENDAR Administrative Committee 20. Investment Oversight Committee

22. 

### Legislative

Committee Mobile Source Committee 23. 

### 24. StationarySource Committee 

### TechnologyCommittee California Air Resources Board Monthly Report (NoWritten Material

# - Transcripts ofthe meetings areavailable

atCARB's

website,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

wasopened, 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. 

### *WrittenCommentsSubmittedbY: 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) Federal Major Modification Exemptions M(b} 

### If the permit applicant demonstrates that a

proposed modification to an existing stationary source would not constitute a Federal Major Modification,

theapplicationfor permitto 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) 

### PlantwideApplicabilityLimit(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 

### indicatedthat 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 IKEVENEY. 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,ngthe 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 encouragedthe adoption of staff's proposal before the Board; it did not say that the Board should adoptits SCMand notadoptstaff'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 

### *WrittenCommentsSubmittedby: Akzo Nobel CaliforniaAir ResourcesBoard

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 waivedthe oral reporton Agenda Item 29. The public hearingwas opened.There being no requestfromthe publicto speak onthis item,the public hearingwas 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-AgendaItems, Pursuant to Government CodeSection 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"' SeniorDeputyClerk 

### t\ DateMinutesApproved:I ~ /I~ to i .'-t97j to



## . .,

ACRONYMS

CARB 

### =CaliforniaAir Resources Board CEQA = Califomia Environmental Quality Act FY = FiscalYear PCBTF = Parachlorobenzotrifluoride PR = Proposed Rule RFP = Request for Proposals