MAUREEN KIRK CHAIR

Supervisor District 3

JAMES JOHANSSON VICE CHAIR

rice Mavor Oroville

BILL CONNELLY

Supervisor District 1

JANE DOLAN

Supervisor District 2

STEVE LAMBERT

Supervisor District 4

KIM YAMAGUCHI

Supervisor District S

ANGELA THOMPSON

Councilmember Biggs

SCOTT GRUENDL

Councilmember Chico

JERRY ANN FICHTER

Mayor Gridley

ALAN WHITE

Councilmember Paradise

Members Present

Maureen Kirk Chair

Bill Connelly

Jane Dolan

Steve Lambert

Kim Yamaguchi

Jerry Ann Fichter

Scott Gruendl

Angela Thompson

Members Absent

Alan White

James Johansson Vice Chair

W James Wagoner

Air Pollution Control Officer

530 891 2882

530 891 2878 Fax

Minutes of the

Butte County Air Quality Management District

Governing Board of Directors Meeting of

April 22 2010

Staff Present

Butte County Supervisor W James Wagoner Air Pollution Control Officer

Butte County Supervisor Gail Williams Senior Air Quality Planner

Butte County Supervisor Robyn Sousa Admin Services Officer

Butte County Supervisor Trish Weir Clerk of the Board

Butte County Supervisor Robert McLaughlin Assistant Air Pollution

Mayor City of Gridley Control Officer

Councilmember City of Chico Ursula Parker Air Quality Compliance

Councilmember City of Biggs Specialist II

Councilmember Town of Paradise

Vice Mayor City of Oroville

Others Present

Steve Schoonover Chico Enterprise Record

Donna Cook Resident of Chico

John Scott Butte Environmental

Council

Darrel Wilson Resident of Magalia

Tom Needla Resident of Chico

Melissa Daugherty Chico News and Review

Max Griffin Resident of Berry Creek

Craig Carter Resident of Durham

Mike Mendon Resident of Chico

Luke Anderson Resident of Chico

Agenda Item 31

2525 Dominic Drive Suite J Chico CA 95928
Butte County Air Quality Management District

Board of Director sMeeting Minutes

April 22 2010

Page 2 of 6

1 Call to Order

Chair Kirk called the meeting to order at 105 am at the Chico Council Chambers 421 Main Street Chico California

2 Additions and Deletions to the Consent Agenda

None

3 Consent Agenda

31

By Consent Approve Minutes of the March 25 2010 meeting of the Board of Directors

32

By Consent Accept and File Activity Report on Butte County Air Quality Management District activities

3

By Consent Accept and File report on Financial Status Report for Fiscal Year 20092010

34

By Consent Accept and File Status Report on Calendar of Events

35

By Consent Accept and File Status Report on Air Quality Related Legislation

36

By Consent Accept and File Status Report on California Air Pollution Control Officer sAssociation activities

37

By Consent Accept and File Status Report on proposed Budget for Fiscal Year 2010 2011

38

By Consent Status Report on federal Green House Gas permitting regulations

39

By Consent Accept and File EPA draft policy assessment in the review of the particulate matter ambient air

quality standard

310 By Consent Accept and File CARB enforcement advisory for the state inuse offroad diesel vehicle

regulation

311 By Consent Accept and File schedule for receiving CARB presentation on AB 32 implementation and AB 32

position letters

Chair Kirk pulled item 311 for further discussion

Action Requested Approve Consent Agenda Items 31 through 310

Motion Approve Consent Agenda Items 31 through 310

AYES Supervisor Kirk Supervisor Dolan Supervisor Lambert Supervisor Yamaguchi Supervisor Connelly

Councilmember Thompson Councilmember Gruendl Motion Mayor Fichter Second NOES None

ABSTAIN None

ABSENT Vice Mayor Johansson and Councilmember White

Motion carries

4

Items removed from the Consent Agenda for Board consideration and action
Butte County Air Quality Management District

Board of Director sMeeting Minutes

April 22 2010

Page 3 of 6

Action Requested By Consent Accept and File schedule for receiving CARB presentation on AB 32

implementation and AB 32 position letters

Jim Wagoner stated that he contacted the Executive Officer at the California Air Resources Board CARB about

giving the Governing Board a presentation in May but because of CARB sBoard meetings fall on the same day

as the District s he would not be able to attend Jim further stated that although the Executive Officer has

indicated that he would like to provide the presentation personally a member of CARB sstaff is currently

scheduled to be at the May Governing Board meeting but if the Governing Board so desired another date could

be scheduled to hear from the Executive Officer himself

A discussion ensued regarding scheduling the presentation and considering a letter to CARB on AB 32 A

consensus was reached to approve the scheduled May Board Meeting presentation by CARB and as a separate

agenda item consider an AB 32 position letter drafted by Councilmember Thompson and staff

Motion Receive CARB presentation on AB 32 implementation and Draft a AB 32 position letter for the

May Agenda

AYES Supervisor Kirk Supervisor Dolan Supervisor Lambert Supervisor Yamaguchi Second Supervisor

Connelly Councilmember Thompson Motion Councilmember Gruendl Mayor Fichter

NOES None

ABSTAIN None

ABSENT Vice Mayor Johansson and Councilmember White

Motion carries

Regular Agenda

5

PUBLIC HEARING Adoption of Proposed Recodification and Amendments to Regulation III Rule 300

Open Burning Requirements Prohibitions and Exemptions and Rule 507 Burn Permit Fees

ACTION REQUESTED Open Public Hearing to Receive Public Comments and continue hearing to the

June 24 2010 Board Meeting

Staff presented a summary of the proposed amendments

Public Hearing Opened at 1054 am

Bill Haggerty resident of Magalia Vice Chair of URCC and member of the Upper Ridge Fire Safe Council Mr

Haggerty attended the Public Meeting held in Magalia He voiced concerns about breathing smoke and the

carcinogens in oak leave burning Mr Haggerty further stated he presented the rule change as written to 49 local

residents in an effort to get an idea of how the local residences feel about open burning Two stated they did not

want any restrictions seven said they want more restrictions but weren tsure which option they support 16

residents did not want any burning at all and 24 agreed with Mr Haggerty opinion that burning should only be
Butte County Air Quality Management District

Board of Director sMeeting Minutes

April 22 2010

Page 4 of 6

allowed from March 1 June 30 and a special fall period that a divide is created in the town for burn days and in

addition he would like to see burn day status posted earlier than 9 am

Craig Carter resident of Durham said he is by trade a Fire Behavior Analyst and has worked for CDF as a

Vegetation Management Coordinator He stated that he feels that the way the rules are written can have a

detrimental effect in two areas One by limiting the time of year that residents can burn could lead to accumulation

and catastrophic fires in the foothill areas His other concern is the time of day and time of year residents can burn

Mr Carter stated that burning in the afternoon as well as burning in the fall versus spring will lead to less moisture

content in the fuel resulting in less smoke produced

Mike Mendon resident of Chico thanked Ursula and Bob for their work on the rule He feels lawn clippings and

grass should be an exempted prohibited material burning only one pile at a time and splitting the area so that

less people will be impacted by smoke and reducing the minimum size from 1 acre lot size to Y2 acre lot size is

also a good idea

Supervisor Connelly departed the meeting at 1107 am

Luke Anderson resident of Chico utilizes green waste bins to dispose of his green waste and rents a chipper once

a year He felt that if he burned his green waste it would negatively impact 16 of his neighbors Mr Anderson

further stated that he is against burning in the Chico sphere of influence feels that the drying time should directly

relate to dry days and there should be more discussion and education on ways to dispose of green waste

Darrel Wilson resident of Magalia Chair of the Butte Fire Safe Council voiced concerns about further restrictions

for burning He stated that many residents in Magalia do not have green waste disposal service and the reason

people burn is for fire hazard reduction Mr Wilson further stated that at higher altitudes debris takes less time to

dry

Public Hearing Closed at 115 am

Supervisor Yamaguchi recognized staff for taking into consideration the characteristics of the upper ridge and

inquired if it was possible to announce burn day status any earlier than currently provided Staff indicated that the

District is currently working with CARB to provide burn day status the day prior especially during fire season

Further discussion ensued among Governing Board Members and staff regarding public comments

This item was continued to the June 24 2010 Governing Board Meeting

6 PUBLIC HEARING Adoption of proposed amendments to Rule 101 Definitions

Bob McLaughlin stated the District is proposing to amend Rule 101 Definitions to provide greater clarity

and consistency with regard to the existing rules and regulations The current structure of the District srules

provide definitions as either standalone definitions listed in specific rules are generally rulespecific and

are not used in other rules or programs or the definitions are included in a general rule which may apply to

multiple rules The proposed amendments to Rule 101 will serve to add and clarify definitions that apply to
Butte County Air Quality Management District

Board of Director sMeeting Minutes

April 22 2010

Page 5 of 6

multiple rules and to remove some definitions that apply to only a single rule when the corresponding rule

contains the same or a similar definition and to amend some of the existing definitions to clarify the

District sregulatory interpretations

ACTION REQUESTED Open public hearing to receive public comments and continue hearing to the June

24 2010 Board Meeting

Public Hearing Opened at 1128 am

No Public Comment

Public Hearing Closed at 1129 am and continued to the June 24 2010 Governing Board Meeting

7 Report on Annual 2009 Air Quality Summary

Gail Williams discussed the 2009 Summary Report

ACTION REQUESTED Receive report

No Public Comment

8 Other Business

Consider Receiving Additional Carl Moyer Funds under the CAPCOA Rural District Assistance Program

Jim Wagoner stated the District was notified April 21 2010 of an award of additional grant funds through the Carl

Moyer Rural District Assistance Program RAP These are funds that become available when other air districts

are unable to fund projects in their districts CAPCOA administers the program subject to the approval of the

CARB The District has taken advantage of additional Moyer funds through the RAP program over the last several

years The funds are from the Year 10 funding cycle and must be allocated to projects by June 30 2010 A Board

resolution accepting the funds must be returned to CARB in order to secure the funds The District must receive

the funds before entering into contracts with the grant recipients Given the short timeline Board action cannot be

deferred to the May 27th meeting

ACTION REQUESTED Determine that there is an immediate need to take action and that the need arose

after the posting of the agenda by two thirds vote

MOTION There was an Immediate Need to Take Action and that The Need Arose After the Posting of the

Agenda

AYES Supervisor Kirk Supervisor Dolan Supervisor Lambert Supervisor Yamaguchi Councilmember

Thompson Second Councilmember Gruendl Motion Mayor Fichter

NOES None

ABSTAIN None
Butte County Air Quality Management District

Board of Director sMeeting Minutes

April 22 2010

Page 6 of 6

ABSENT Vice Mayor Johansson Councilmember White and Supervisor Connelly

Motion carries

ACTION REQUESTED Adopt the attached proposed resolution 201006 accepting the Carl Moyer Rural

Assistance Program Year 10 funds as well as any subsequent supplemental disbursements

AYES Supervisor Kirk Supervisor Dolan Supervisor Lambert Supervisor Yamaguchi Councilmember

Thompson Motion Councilmember Gruendl Second Mayor Fichter

NOES None

ABSTAIN None

ABSENT Vice Mayor Johansson Councilmember White and Supervisor Connelly

Motion carries

9 Public Comment Period

John Scott member of the Butte Environmental Council stated that efforts to rescind AB 32 is being sponsored and

solely supported by Valero Oil Tesoro Oil and World Oil out of Texas and it is disgraceful

10 ADJOURNMENT 1136 am

W JarAfs Wago r Air Pollution Control Officer I hereby attest that this is a true and correct copy of the action taken

by the Butte County Air Quality Management District Board of

Directors on April 22 2010

ATTEST

Trish Weir Clerk of

y

the Governing Board