SUMMARY MINUTES OFTHE BOARD OFTHE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT

SAUNDRA McDANIEL. CLERKOFTHE BOARD FRIDAY, JUNE 

### 2,2006
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: William 

### A. Burke,Ed.D.,Chain11an SpeakeroftheAssembly Appointee Supervisor S. RoyWilson, Ed.D., Vice Chairman County of Riverside Supervisor Michael D.Antonovich (arrived at 9:07 a.m.) County of Los Angeles Ms. Jane W. Camey (arrived at 9:07 a.m. Senate Rules Committee Appointee Mayor Ronald O. Loveridge Cities of Riverside County Supervisor Gary Ovitt County of San Bernardino 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: Mayor Beatrice J. S. LaPisto-Kirtley Cities of Los Angeles County 

## - Eastern Region Councilmember 

### JanPerry Citiesof LosAngelesCounty

## - Western Region Mayor Miguel A. Pulido Cities of Orange County-2-

CALL TO ORDER: The meeting was calledto order by Chairman Burke at 9:05 a.m Pledge of Allegiance: Led by Mr. Silva 

# . Opening Comments 

## . Ms. Verduao-Peralta and Chairman Burke. Welcomed the newly hired AQMD's inspectors, and noted that the Board looks forward to their participation in the system of cleaning the air in the South Coast Basin. 

### Dr. Barrv R.Wallerstein.ExecutiveOfficer. Announcedstaff's requestto pull Agenda Item 2 [Execute Contractsto Review EmissionsInventoriesand HealthRiskAssessmentsDevelopedfor Rule 3503 

### - EmissionsInventoryand Health Risk Assessment for Railyards] from the Consent Calendar and considered by the Board after Agenda Item 28 [Adopt Executive Officer'$ FY2006-07Budgetand WorkProgram]. (Mr. Antonovich and Ms. Carney arrived at 9:07 a.m.)

Presentation of Award to Frances Keeler in Recognition of 23 Years of Service 

## . ChainTlanBurke presented a crystal dove award to Frances Keeler, Sr. Deputy District Counsel, in recognition of 23 years of District Service.


### CONSENT

CALENDAR Minutes 

### of May5,2006BoardMeeting 

## 1. 2. Execute

Contracts

to ReviewEmissionsInventories andHealthRisk Assessments

Developed

for Rule3503

### - EmissionsInventory andHealth RiskAssessment

for Railyards ExecuteContracts

forCEQAConsultant

Assistance 3. 

### ExecuteContract to ExpandRefontlerSystemandUpgradeHydrogenRefueling StationinCoachella

Valley 

### 4.

Award 

### Grant

to Install Diesel Particulate Filter on Diesel Backup Generators 5. Approve Grants to Replace 

### Pre-1977 School Buses with New CNG Buses 

### 6. AuthorizePurchase ofOff-SiteStorage and Destruction Services 7.-3-



### 8. Issue Program Announcement and Approve Sole-Source Award as Part of MSRC's Second Phase FY 2005-06 AB 2766 Discretionary Fund Conceptual Work Program, and Approve Two New Contracts and Two Modifications as Part of MSRC's First Phase 

### FY2005-06WorkProgram Approve Prequalified List of Law Firmsfor Employee Relations Litigation and Negotiation Services 

### 9.
10. Public

### AffairsReport 

### 11. HearingBoardReport 12. Civil Filing and Civil Penalties Repor1 Lead Agency Projects and Environmental Documents Received by AQMD 

### 13. 14. Rule and Control Measure Forecast 

### Report of RFPs and RFQs Scheduled for Release in June 

### 16. Status Report on Major Projects for Information Management Scheduled to Start During Last Six Months of 2005-06 

### 17. This item waswithdrawn by staff. 18. Items Deferred from Consent Calendar

At staffs request, Agenda Item 2 was withheld, pending action by the Board on Agenda Item 28 and subsequently continued, at the Chairman's direction, to the July 9, 2006 Special Board meeting. 

### BOARDCALENDAR Administrative Committee Mr. Ovitt and Dr. Wilson indicated they would abstain on Agenda Item 9 because of campaign contributions from Best Best & Krieger.



### ON MOTIONOF DR.WilSON, SECONDED BY MR. YATES. THE BOARD APPROVED AGENDA ITEMS 1, 3 THROUGH 16. AND 19, AS RECOMMENDED BY STAFF, BY THE FOllOWING VOTE:

## 4-

AYES: Antonovich, 

### Burke,Carney,Loveridge, Ovitt,Silva, Verdugo-Peralta,Wilson [except Item 9J, and Yates [except Item 9J. 

### NOES: None. ABSTAIN: Wilson 

### andYates[on Item9 only] ABSENT: LaPisto-Kir1ley,Perry, and Pulido. BOARD 

### CALENDAR

# - (Continued) 20. Investment Oversight Committee

ON MOTION OF MR. YATES, SECONDED BY MS. VERDUGO-PERALTA, AND UNANIMOUSLY CARRIED (Absent: LaPisto-Kirtley, Perry, and Pulido), THE BOARD RECEIVED AND FILED AGENDA ITEM 20, AS RECOMMENDED BY STAFF. 

### 21. Legislative Committee 

### 22. MobileSourceCommittee 23. Stationary Source Committee Technology Committee Mobile Source Air Pollution Reduction ReviewCommittee



### DR. WilSON MADE A MOTION TO RECEIVEAND FilE AGENDA ITEMS 21 THROUGH 25, AND ADOPT THE FOllOWING POSITIONS ON lEGISLATION, AS RECOMMENDED: S8 1478 (Speier)ToxicChemicals Release Form Supportwith Amendments AB2843(Saldana)

Air Pollution Supportwith Amendments S8 1522(Aanestad)

Diesel FuelTax Law Emergency Services Providers Support
AB32 (Nunez/Pavley)

CaliforniaGlobal WarmingSolutions

Actof2006 Supportwith Amendments

### 5.

58 1705(Ashb'urn)

Energy:California Environmental

QualityAct:Negative Declaration:EnergyInfrastructure Oppose
Oppose 581494 (McClintock)

Top Priority: Transportation

Projects THE MOTION WAS SECONDED BY MS. CARNEY, AND CARRIED BY THE FOllOWING VOTE:



### Antonovich. Burke. Carney. Loveridge. Ovitt [except on *SB 1494J.

Silva [except on AB 2843, *SB 1494, and SB 1705J. Verdugo-Peralta, Wilson, and Yates [except on *SB 1494and SB 1522J. AYES:



### Ovitt [on S8 1494 only]. Silva [on A8 2843,

S8 1494, and S8 1705 only]. and Yates [on S8 1494andS8 1522only]. NOES:

LaPisto-Kirtley, Perry and Pulido. 

### ABSENT: 

### '7herewasno actiontakenby the Boardon5B 1494 dueto thelack of seven (7)concurring votes. TheItemwas,therefore,continuedto the July 7,2006Boardmeetingby operationofprocedure.

California Air Resources Board Monthly Report (No WrittenMaterial

-Transcripts

ofthe meetingsareavailableatCARB'swebsite.www.arb.ca.gov) 

### 26.
Mr. Loveridge announced that GARB adopted regulations to reduce emissions from engines that power forklifts and other industrial equipment; and voted unanimously to direct its staff to bring back a proposal to r;emove perchloroethylene from dry cleaning systems; in effect, supporting AQMD's position. PUBLIC HEARINGS Amend Rule 219 

### - Equipment Not Requiring a Written Permit Pursuant to Regulation II 

### 27.
Laki Tisopulos, 

### Asst. DEO of Planning, Rule Development and Area Sources, noted that in response to the agriculture community's request for additional time to review staff's proposal, Agenda Item 27 was continued from the May 5, 2000 Board meeting.6
Dr. Tisopulos noted that meetings were held with the community, a streamlined standardized permit was developed and will be available at a significantly reduced cost, and the agriculture community has requested an additional 3O-daydelay to confer with its membership. 

### Staff recommended

thatAgendaItem27 becontinued totheJuly7, 2006 Board meeting; and noted that staff would, at that time, also address the UV/EBautomatedspray machine issue by providingan estimatedtime frame as to when the issueshould be reconsidered,as directedby the Boardat the May7,2006Boardmeeting. WrittenComments Submitted bY: Wavefront Technology, Inc.

ON MOTION OF MR. OVITT, SECONDED BY MR. YATES, AND UNANIMOUSLY CARRIED (Absent: LaPisto-Kir1ley, Perry, and Pulido), THE BOARD CONTINUED AGENDA ITEM 27 TO THE JULY 7, 2006 BOARD MEETING, AS RECOMMENDED BY STAFF. 

### AdoptExecutive

Officer'sFY2006-07BudgetandWorkProgram 28. 29. Amend Regulation III- Fees 

### Notr::~ye~tim tran~ifptwas p~ar8d'for A!fljnda!tems 288nd:~ a~di$ availableon-lineatWWW.8 rod. vandIntheAQMDUbra for ubllCreView. At staff's recommendation, the Board combined the public hearings on Agenda Items 28 and 29. Rick 

### Pearce,

Chief Financial Officer, gave the staff report for Agenda Item 28. 

### LakiTisopulos,

Asst. DEOof Planning,Rule Development and Area Sources, gave thestaffreport

forAgenda

Item 29. The public hearing was opened on Agenda Items 28 and 29. and the Board heard testimony from the following individuals. BILL QUINN, California Council for Environmental & Economic Balance *BILL LaMARR, California Small Business Alliance CURTIS COLEMAN, Southern California Air Quality Alliance ADRIAN MARTINEZ, Natural Resources Defense Council HAROLD MARTINEZ,Able Industrial Products, Inc. ANGELA JOHNSON MESZAROS, California Environmental RightsAlliance GENE LOPEZ, California Auto BodyAssociation, Seidner's Collision Centers.1-

There being no funher requests from the public to speak on Agenda Items 28 and 29, the public hearing was closed. .Written Comments Submitted b~: Frederic C. Crosby Barry Gershenson Randal K. Horne Frank E. Komin

MS. CARNEY MOVED TO APPROVE AGENDA ITEMS 28 AND 29 AS RECOMMENDED BY STAFF, WITH THE OPTION 1 INCREASE OF 3.65% (CPI) IN REGULATION III FEES, EXCEPT FOR PERMIT RELATED AND EMISSIONS FEES WHICH WILL BE INCREASED BY 10% IN FY 2006-07, 10% IN FY 2007-08, AND 10% IN FY2008-09. THE MOTION WAS SECONDED BY MR. lOVERIDGE, AND FAilED, FOR LACK OF SEVEN (7) CONCURRING VOTES, AS FOllOWS: AYES: 

### Burke, Carney, Loveridge, Verdugo-Peralta, and

Wilson. NOES: Antonovich, 

### Ovitt,Silva, and Yates. 

### ABSENT: LaPisto-Kirtley, 

### Perry,and Pulido.

MR. ANTONOVICH MOVED TO APPROVE AGENDA ITEMS 28 AND 29, AS RECOMMENDED 

### BY STAFF, WITH THE OPTION 2 INCREASE OF 3.65% (CPI) IN REGULATION III FEES FOR FY 2006-07. THE MOTION WAS SECONDED BY MR. OVITT, AND FAilED, FOR LACK OF SEVEN (7) CONCURRING VOTES, AS FOllOWS: AYES: 

### Antonovich,Ovitt,andYates. NOES: 

### Burke,Carney,Loveridge,Silva,Verdugo-Peralta,

andWilson. ABSENT: LaPisto-Kir1ley, Perry, and Pulido.8

MR. YATES MOVED TO APPROVE AGENDA ITEMS 28 AND 29, AS RECOMMENDED BY STAFF, WITH AN INCREASE OF 3.65% (CPI) IN REGUI..A TION III FEES IN FY 2006-07 AND 0% IN FY 2007-08, EXCEPT FOR PERMIT REI..A TED AND EMISSIONS FEES WHICH WILL BE INCREASED BY 10% IN FY 2006-07 AND 0% IN FY 2007-08. THE MOTION WAS SECONDED BY MR. lOVERIDGE, AND FAilED FOR LACK OF SEVEN (7) CONCURRING VOTES, AS FOllOWS: 

### AYES: Antonovich,

Yates. 

### Loveridge, Verdugo-Peralta, 

### and
NOES: Burke, Carney, Ovitt, Silva, and Wilson. ABSENT: LaPisto-Kirtley, 

### Perry, and Pulido.

ON MOTION OF DR. WILSON, SECONDED BY MS. VERDUGO-PERALTA, AND UNANIMOUSLY CARRIED (Absent: LaPisto-Kirtley, Perry, and Pulido). THE BOARD CONTINUED AGENDA ITEMS 28 AND 29 TO THE JUNE 9. 2006 SPECIAL BOARD MEETING, FOR BOARD DELIBERATION AND ACTION ONLY.


### 30. Amend Rule 1113 - Architectural Coatings 

### Note;A verbatim

transctfptwas pr~ared fof.AgendaItem 30 and !s available AQMDLibraryforpublic review.
-- laki Tisopulos, Asst. DEO of Planning, Rule Development and Area Sources, gave the staff report. Errata sheets to: 1) modify Paragraph (b)(49) and Subparagraph (c)(4)(B), with regard to Shellacs; and 2) modify Option 3 listed under recommended actions in the board letter to specify "(NPCA Proposal)" and to delete language regarding continuance of the item to the July 7, 2006 Board meeting, were distributed to Board members and copies were made available to the public. The public hearing was opened, and the Board heard testimony from the following individuals.-9-

DAVID DARLING and JEFFREY MARGULIES, National Paint & Coatings Assn. CHRISTINE STANLEY, Ameron International MADELYN HARDING, The Sherwin-Williams Company ROBERT WENDOLL, Dunn-Edwards Corporation *MIKE DAVIS, Prosoco, Inc.

. *MIKE MURPHY, Rust-Oleum Corporation HAL BERNSON, Paint Industry *BILL FILER, E3 Coatings JOHN HANNAHS, Zinsser LISA KING, BonaKemi USA Incorporated ANDY ROGERSON, Caltrans *DANIEL B. POURREAU, Lyondell Chemical Company NORAIR ARKOIAN, Diversified Coatings, Inc. AARON MANN, JFB Hart Coatings CLAUDE FLORENT, Rainguard International KATY WOLF, Institute for Research and Technical Assistance JOHN LONG, Vista Paint Corporation ADRIAN MARTINEZ, Natural Resources Defense Council *Written Comments Submitted b~ Silvertown Products Inc. There being no further requests from the public to speak on Agenda Item 30, the public hearing was closed.

MR. ANTONOVICH MOVED, DULY SECONDED, TO ADOPT PROPOSED AMENDMENTS TO RULE 1113 AS RECOMMENDED BY STAFF, EXCEPT FOR AMENDMENTS REGARDING VaG LIMITS FOR INDUSTRIAL MAINTENANCE COATINGS, RUST PREVENTATIVE COATINGS, WATERPROOFING SEALERS AND MASONRY SEALERS, AND CREATE INTERIOR/EXTERIOR NONFLAT COATINGS AND QUICK-DRY ENAMELS, WHICH SHALL BE CONTINUED FOR 90 DAYS, WITH STAFF CONTINUING TO WORK WITH INDUSTRY TO BRING A PROPOSAL BACK TO THE BOARDAT ITS SEPTEMBER 8, 2006 BOARD MEETING.

DR. WILSON MADE A SUBSTITUTE MOTION, DULY SECONDED, TO ADOPT PROPOSED AMENDMENTS TO RULE 1113 AS RECOMMENDED BY STAFF, AND REQUEST THE PAINT & COATINGS TASK FORCE (AD HOC BOARD COMMITTEE) TO CONTINUE TO MEET AND TRY TO RESOLVE REMAINING ISSUES AND STAFF BRING ANY FURTHER PROPOSED AMENDMENTS TO THE RULE BACK TO THE BOARD AS APPROPRIATE.10-
THE SUBSTITUTE MOTION FAILED, FORA LACK OF SEVEN (7) CONCURRING VOTES, AS FOLLOWS:

Carney, Loveridge, Ovitt, Wilson. 

### Verdugo-Peralta,and AYES:
NOES: Antonovich,Burke,Silva,andYates. ABSENT: LaPisto-Kirtley, 

### Perry,and Pulido,

THE MAIN MOTION FAilED, FOR A LACK OF SEVEN (7) CONCURRING VOTES, AS FOllOWS:



### Antonovich,Burke,Ovitt,andSilva. AYES: NOES: 

### Carney,Loveridge, Verdugo-Peralta,

Wilson,and Yates. ABSENT: LaPisto-Kirtley, 

### Perry,andPulido.
ON MOTION OF CHAIRMAN BURKE, SECONDED BY MR. ANTONOVICH, AND UNANIMOUSLY CARRIED (Absent: LaPisto-Kirtley, Perry, and Pulido), THE BOARD CONTINUED AGENDA ITEM 30 TO THE JUNE 9, 2006 SPECIAL BOARD MEETING, FOR BOARD DELIBERATION AND ACTION ONLY. Amend Rule 1157

### - PM10 Emission Reductionsfrom Aggregate and Related Operations 31.
Ms. Carney recused herself and left the dais, indicating that Inland Concrete Enterprises, Delilah Properties Inc, and Maruhachi Ceramics of America are sources of income and are materially affected by Rule 1157. 

### Staffrecommended

thatAgendaItem31 becontinued tothe July7, 2006 Board meetingdue to a late commentJetterreceivedfrom the City of Santa Clarita. WrittenComments Sybmitted b~: City of Santa Clarita

AT THE CHAIRMAN'S DIRECTION, AGENDA ITEM 31 WAS CONTINUED TO THE JULY 7, 2006 BOARD MEETING, AS RECOMMENDED BY STAFF.-1



### 32. AmendRule 71

## -Solvent Cleaning Operations

Lee Lockie, Director of Planning, Rule Development & Area Sources, gave the staff report. An errata sheet amending Subparagraph (h)(3)(H) of PAR 1171 and the adopting Resolution, prepared by staff in response to a request from UV/EB manufacturers to extend the exemption of cleaning of UV/EB lamps and reflectors, was distributed to Board members and copies made available to the public.The public hearing was opened, and the Board heard testimony from the following individuals. 

### LARRYECKHART. Huhtamaki Consumer Packaging Requested: 1)to be included in the group that can use cleaners with vac content of up to 650 grams per liter; and 2) staff to continue to look for alternative cleaners that can be used on a single print station. GERRY 

### BONETTO.Printina Industries Association Expressed industry's support for the amendments before the Board, and support for Huhtamaki Consumer Packaging's request to raise the VOC limit to 650 grams per literfor hand wipe, due to its unique printing process. MARK ANDERSON. Los Anaeles Times Indicated that the feasibility study undenaken by staff is incomplete. The primary focus has been on blanket and ink roller trays, and the issue of cleaning page fax and ink rails has not been adequately addressed. Requested that the Board defer the rule limits for 18 months to allow industry and staff to.work through these issues. RITA LOaF. RadTech 

### Requested a 650 grams-per-liter limit for hand wipe UV I 

### an 800 grams-per-liter limit for hand wipe EB, and for Huhtamaki Consumer Packaging to be given the flexibility to go up to 800 grams per liter for UV/EB ink. Noted that industry prefers to present testimony before the Governing Board during the public hearing rather than obtain a variance from the Hearing Board. CHRIS STRETCH and JOHN GROZAK. Sartoner Com~an~ Noted that the VOC limits proposed 

### bystaff pose a significant impediment on their operations and ability to clean up effectively. Expressed concern that not allowing enough cleaner to be used in the cleaning process causes printers to use lower VOC products that significantly raise emissions. Indicated that UV /EB printers have already reduced emissions well beyond the AQMD's re'quirements, and should be commended and allowed the flexibility to use cleaning products that work for their process.-12-

PAUL ENGEL. Air QualitYConsultant Expressed support for industry's request to raise the vac limit to 650 grams per liter for manual clean up; and noted that many printers in the basin print on newsprint but are not newspaper printers and need the same 500-gram-per-liter extension as the rest of the printing industry. JOE GARCIA. Councilmember. CitYof Monrovia Requested that the Board approve the modified limits as proposed, with the inclusions bythe Printing Industry Association. In response to Ms. Camey's questions and concems, Dr. Tisopulos and Ms. Lockie, confinned that Huhtamaki Consumer Packaging has a unique process that utilizes a 350-gram-per-liter clean-up solvent; however, the rule allows them to go up to 500 grams. The company could apply for a variance that would allow additional time for testing, or staff could carve out a specific 650-gram-per-liter threshold that they could work under inthe next 18 months. 

### Staff noted that other facilities that use the same cleaning materials but not the exact process were visited and have had success with those cleaning materials. There is no universal product available that will work across the board; therefore, printers must attempt to use different products. There being no further public testimony on this item, the public hearing was closed.
ON MOTION OF MS. CARNEY, SECONDED BY MR. OVITT,

AND UNANIMOUSLY CARRIED (Absent: LaPisto-Kir1ley, Loveridge, Perry, Pulido, and Verdugo-Peralta), THE BOARD CONTINUED AGENDA ITEM NO. 32 TO THE JULY 7, 2006 BOARD MEETING TO ALLOW STAFF TO EVALUATE THE 500 GRAMS-PER-LITER VOC LIMIT FOR UV/EB INKAPPLICATION EQUIPMENT.

33. 

### AdoptProposed Rule223 

### - Emission Reduction Pennits for Large Confined Animal Facilities 

### Staff waived the staff report on Agenda Item 34. The public hearing was opened. There being no public testimony on this item, the public hearingwasclosed.13
ON MOTION OF MR. YATES, DULY SECONDED, AND UNANIMOUSLY CARRIED (Absent: LaPisto-Kirtley, Loveridge, Perry, Pulido, and Verdugo-Peralta), THE BOARD ADOPTED RESOLUTION NO. 06-18, ADOPTING RULE 223 AND CERTIFYING THE NOTICE OF EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AS RECOMMENDED BY STAFF. OTHER BUSINESS Establish Four-Month Budget for Jones Day LLC for Attorneys' Fees and Costs for Railroad Litigation and Appropriate Funds from Designation for Litigation and Enforcement and Authorize Contracts to Expend Such Funds 34.



### Staff recommended that Agenda Item 34 be continued to the June 

### 9,2006 Special Board meeting.

AT THE CHAIRMAN'S DIRECTION, AGENDA ITEM 34, WAS CONTINUED TO THE JUNE 9, 2006 SPECIAL BOARD MEETING, AS RECOMMENDED BY STAFF.
PUBLIC COMMENT PERIOD

### - (Public Commenton Non-AgendaItems, Pursuantto GovernmentCodeSection 54954.3) RAY LEWANDOWSKI. Wavefront Technoloov. Inc. Requested: 1) that the Board reconsider their request for language clarification as presented at the May 5, 2006 Board meeting, and 2) time to work with staff to obtain a better understanding on the need to limit the use of its super compliant materials under Rule 219. 

### confimled that staff would meet with Dr. Wallerstein, Executive Officer, Mr. Lewandowski to discuss his concerns. JOHN GROZAK. Sartoner Comoanv Expressed support for Wavefront Technology's request to meet with staff. JOHN BILLHEIMER. Enviro-Realtv Noted as a point of record that speakers have previously been allowed to cede their three minutes to address the Board to another speaker.
BOARD MEMBER TRAVEL 

# - (No WrittenMaterial)
Board member travel reports have been filed with the Clerk of the Boards, and copies are available upon request.-14

CLOSED SESSION The Board did not recessto closed 

### session.
ADJOURNMENT There being no further business, Chairman Burke adjourned the meeting at 

### 12:50p.m.
The foregoing is a true statement of the proceedings held by the South Coast Air Quality Management District Board on June 2, 2006. 

### Respectfully

Submitted,

ROSEJUAREZ Senior Deputy Clerk /l 

# '-I Date Minutes Approvec 

### \11 :1 I I:



## ~,() 

# lAA;& BurKe,Chalnnan Dr.William

ACRONYMS

CARB 

### =California Air Resources Board CEQA 

### =California Environmental Quality Act CNG = Compressed Natural Gas FY = Fiscal Year MSRC = Mobile Source (Air Pollution Reduction) Review Committee PAR = Proposed Amended Rule PM1o= Particulate Matter S 10 microns PR = Proposed Rule RFP = Request forProposals RFQ = Request for Quotations UV/EB = Ultraviolet/Electron Beam VOC = Volatile OrganicCompound