State of California
AIR RESOURCES BOARD
State Office Building
455 Golden Gate Avenue, Room 1194
San Francisco, CA
July 17, 1973
9:30 a.m.
AGENDA
73-16-1 Approval of Minutes of June 12 and June 21 Meeting.
73-16-2 Public Hearing - Subvention Regulations.
73-16-3 Consideration of Rule 20.1 for LAAPCD (if necessary).
73-16-4 Consideration of Petition of Stop Smog Committee
Concerning BAAPCD's Administration of Regulations -
Emissions and Control Committee Report.
73-16-5 Cement Plant - Emissions and Control Committee Report.
73-16-6 Report on North Coast Air Basin Coordinating Council
Request That the ARB Develop Criteria for the Economic
Disposal of Wood Waste.
73-16-7 Report on EPA's Transportation Plan for South Coast,
San Diego, Bay Area, Sacramento Valley and San Joaquin
Valley Air Basins.
73-16-8 Preliminary Review of Air Pollution Emergency Plan.
73-16-9 Report on Guidelines for Relating Air Pollution Control
to Land Use and Transportation Planning in California.
73-16-10 Status on Control of NOx Emissions from Power Plants in
the South Coast Air Basin.
a. Additional Regulations for Control of NOx
Emissions in the South Coast Air Basin.
b. Appeal to the California Coastal Zone Conservation
Commission by "Friends of South Bay" opposing
Approval of Southern California Edison Long Beach
Plant Modifications.
c. Proposed Gas Turbine Peaking Units at Burbank,
Glendale, and Pasadena.
d. Status of Southern California Edison Huntington
Beach Plant.
73-16-11 Report on Local Enforcement Programs on Visible
Emissions from Motor Vehicles.
73-16-12 Other Business.
73-16-13 Remarks from Audience - End of Morning and Afternoon
Sessions.
ITEM NO.: 73-16-2
Public Hearing for Confirmation and Adoption of Regulations for
Administration of the Subvention Program.
RECOMMENDATION
Adopt Resolution 73-38, thereby confirming and adopting amended
regulations for administration of the subvention program.
SUMMARY
A public hearing on proposed subvention regulations was held on
April 4, 1973 in Riverside. As directed by the Board, the
proposed regulations were modified and adopted by the Executive
Officer as emergency regulations on April 25, and were further
amended on April 27, 1973. Copies of the emergency regulations
were sent to air pollution control districts on April 18, 1973,
and copies of subsequent changes were sent to the districts on
April 28, 1973. Copies of the notice of this hearing were sent
to the districts on June 12, 1973. These regulations must be
confirmed and adopted by August 23, 1973. In addition, the staff
proposes changes to the emergency regulations as described in
paragraph III of the attached staff report.
Copies of the staff report, the Hearing Notice, Proposed
Resolution 73-38 and the proposed regulations are attached.
ITEM NO.: 73-16-3
Consideration of Rule 20.1 for LAAPCD.
RECOMMENDATION
To be made at the meeting.
DISCUSSION
This resolution was considered for adoption at the June 12, 1973
public hearing; however, it was deferred because the LAAPCD
advised the Board at the public hearing that the District had
scheduled a public hearing for July 12, 1973 to consider the
adoption of Rule 20.1 which is similar to the rule proposed by
the ARB.
Recommendations from the staff will be made after an evaluation
of the actions taken by LAAPCD on July 12, 1973.
ITEM NO.: 73-16-4
Consideration of Petition of Stop Smog Committee Concerning Bay
Area Air Pollution Control District's Administration of
Regulations.
RECOMMENDATION
To be made by the Emissions and Control Committee at the Board
meeting.
SUMMARY
The Board's Emissions and Control Committee was directed by the
Air Resources Board (ARB) on November 21, 1972 to investigate
Section 3212 (upset/breakdown) of the Bay Area Air Pollution
Control District's rules and regulations. Action was taken in
response to a petition from Mr. Ralph Warner, submitted in behalf
of citizen groups in the Richmond area. The petition requested
that the Board suspend 3212 of the Bay Area Air Pollution Control
District regulations, that the Board hold hearings to determine
the effects of Section 3212 and to require Bay Area industry to
show cause why the regulations should not be suspended. Attached
is a report of the Committee.
ITEM NO.: 73-16-5
Emissions and Control Committee Report on the Status of Portland
Cement Plants in California.
SUMMARY
The Board's Committee on Emissions and Control was directed by
the Air Resources Board on February 7, 1973 to investigate the
status of cement plants in California. The Board acted after
hearing reports from the staff on extended variances issued to
two cement plants in California. This is a report of the
Committee's findings.
There are fourteen cement manufacturing plants in California at
present. The Emissions and Control committee toured five -
Calaveras Cement at San Andreas, Monolith Portland at Monolith,
California Portland near Mojave, Ideal Cement at San Juan
Bautista, and Lone Star Industries at Davenport. The other nine
plants are in compliance with local district rules and
regulations with the exception of the Calaveras Cement plant near
Redding in Shasta County and the Kaiser Cement Gypsum plant in
Lucerne Valley in San Bernardino County. These two plants are
operating under variance for their clinker coolers. The Kaiser
Cement and Gypsum plant is expected to be in compliance by July
1973 and the Calaveras plant near Redding is expected to be in
compliance by April 1974.
The Calaveras Cement Company has made a decision to remodel the
existing plant at San Andreas. The scheduled completion date is
September 1, 1974. The Committee finds that the proposed
compliance schedule appears to be a reasonable one.
Monolith Portland Cement is midway through a six-year
construction program on new facilities which will replace their
existing plant near Tehachapi in Kern County. They have stated
that this schedule cannot be shortened to bring their operation
into compliance in 1975 instead of 1976 because of financial
difficulties.
The Committee's investigation indicates that the financial
situation is as reported. The Committee feels, however, that
every effort should still be made by Monolith to shorten the
schedule and that immediate steps should be taken to improve
housekeeping.
California Portland Cement near Mojave has been modified within
the last two years. Tests performed by the company indicate the
plant is in compliance with district rules and regulations. This
company has paid dividends to its share holders since 1909.
The Ideal Basic Industries Inc. Informed the Committee that they
had decided to build a new cement plant at San Juan Bautista with
completion by September, 1975. Since the plant visit, however,
Ideal has announced that the plant will be closed and no new one
constructed.
The Lone Star Industries Inc. Cement plant at Davenport can serve
as an example of reducing emissions and of the power of variances
tied to specific progress. The 67-year old plant has been
remodeled and is now in compliance with the rules and regulations
of the Monterey-Santa Cruz Unified Air Pollution Control
District.
ITEM NO.: 73-16-6
North Coast Air Basin Coordinating Council's (NCABCC) request
that the ARB develop criteria for the economic disposal of wood
waste, and propose legislation to solve the problem of disposal
of such waste.
RECOMMENDATION
This is an informational report submitted in response to Board
request.
DISCUSSION
1. At the meeting on May 2, 1973 in Eureka, the Air Resources
board received Resolution 73-2 of the NCABCC (Del Norte,
Humboldt, Trinity, Mendocino, Lake, and Sonoma Counties)
requesting that the Board develop criteria for the economic
disposal of wood wastes, or that the Board propose
legislation to solve the rural solid waste disposal problem.
(NCABCC Resolution 73-2 is attached.) The Board directed the
staff to review the proposal and to report recommendations.
2. On April 23, 1973 Senator Randolph Collier, at the request
of the NCABCC, introduced Senate Bill No. 805 which would
authorize the air pollution control districts to permit open
burning of "rural wood waste" on a permissive-burn day under
certain conditions. (See attached Bill summary)
3. Following the Board meeting in May, the staff discussed with
Mr. Sassenrath, the Control Officer of Humboldt County Air
Pollution Control District, the situation which led to
Resolution 73-2 and Senate Bill No. 805. He related that
NCABCC believed the present law is unduly restrictive,
primarily in forbidding the burning of demolition debris by
residents of single - or two-family dwellings. The staff
advised that this burning is banned by local regulations,
not state law. As a result, the NCABCC requested that
Senator Collier withdraw Senate bill No. 805 (see attached
letter of June 12, 1973).
4. The criteria for the economic disposal of large volumes of
wood waste requested by NCABCC is related to the
requirements of Section 39297.6(b) of the State health and
Safety code which directs the Board to conduct studies of
alternative means of disposal of wood waste other than by
open fires.
5. The staff is evaluating alternative means. We are
conducting tests on combustion device manufactured by the
Camran Corporation of Seattle, Washington. The device has
the potential of burning large quantities of wood waste
without excess smoke. If our evaluation confirms this
capability, it could be an acceptable alternative to open
burning.
ITEM NO.: 73-16-7
Staff Report on EPA's Transportation Plan for the San Francisco
Bay Area, San Diego, Sacramento Valley, and San Joaquin Valley
Air Basins.
RECOMMENDATION
None. This is an information report.
SUMMARY
EPA has proposed mobile and stationary source control measures
for the San Francisco Bay Area, San Diego, Sacramento Valley, and
San Joaquin Valley Air Basins. Many of these Mobil source
measures are similar to measures recently proposed by EPA for the
South Coast Air Basin. EPA will hold public hearings on its
proposal during the period from August 6 to August 10, 1973. A
court order requires that EPA promulgate a transportation plan
for these four air basins by August 15, 1973; however, EPA has
informed the staff that this deadline has been extended to
October 15, 1973.
ITEM NO.: 73-16-8
Preliminary Review of Revised Proposed Air Pollution Emergency
Contingency Plan.
RECOMMENDATION
Schedule a public hearing in August or September, 1973 for the
adoption of the proposed Air Pollution Emergency Contingency
Plan. The plan, when adopted, would also be an addition to "The
State of California Implementation Plan for Achieving and
Maintaining the National Ambient Air Quality Standards."
DISCUSSION
A proposed Air Pollution Emergency Contingency Plan was
considered by the Board at a public hearing on September 12,
1972. The Board subsequently appointed an Ad-Hoc Medical
Committee to recommend episode criteria for health warning and
emergency action. The board directed the staff to notify local
air pollution control districts to proceed with development of
curtailment plans for stationary sources, and to work with the
State Office of Emergency Services to develop a traffic reduction
strategy.
The attached draft of the proposed Air Pollution Emergency
Contingency Plan includes:
a. The episode criteria for oxidant, carbon monoxide and sulfur
dioxide recommended by the Ad-Hoc Medical Committee,
b. Traffic abatement measures based on the recommendations in
the OES Committee's preliminary report, "Traffic Abatement
Plan for Air Pollution Episodes."
The plan defines episode criteria in terms of ambient
concentrations of various pollutants, provides for administrative
procedures to be followed when air pollutant concentration
reaches or approaches episode levels and outlines actions to be
taken to prevent air pollutant concentration from increasing.
ITEM NO.: 73-16-9
Report on Guidelines for Relating Air Pollution Control to Land
Use and Transportation Planning in California.
DISCUSSION
To be given at Board meeting.
ITEM NO.: 73-16-10a
Report on Additional Regulations for Control of NOx Emissions in
the South Coast Air Basin.
DISCUSSION
The SCABCC will be meeting on July 13, 1973. This report will be
presented at the meeting.
ITEM NO.: 73-16-10b
Report on appeal by "Friends of South Bay" to the California
Coastal Zone Conservation Commission (CCZCC) opposing the permit
the Regional Commission granted for Southern California Edison's
(SCE) proposed modification of Long Beach power plant.
CONCLUSION
This is an informational report.
DISCUSSION
As instructed by the Board, the staff obtained from CCZCC a copy
of the permit issued SCE and a copy of the appeal by "Friends of
South Bay" opposing this permit. This information is attached
and discussed in the following report.
ITEM NO.: 73-16-10c
Report on Proposed Gas Turbine Peaking Units at Burbank,
Glendale, and Pasadena.
CONCLUSION
This is an informational report.
DISCUSSION
On June 21, 1973 the board considered a staff report which
summarized the information provided at the Board's request by the
Los Angeles County Air Pollution Control District regarding the
proposed peaking units at Burbank, Glendale and Pasadena. The
Board instructed the staff to request additional information.
This additional information is summarized in the following
report.
ITEM NO.: 73-16-10d
Report on Status of Proposed Combined Cycle Installations at
Southern California Edison's (SCE) Huntington Beach Power Plant.
CONCLUSION
This is an informational report.
DISCUSSION
1. On June 21, 1973 the Board instructed the staff to determine
the status of the proposed additions to the Huntington Beach
power plant.
2. The following information was obtained.
a. Orange County Air Pollution Control District granted an
authority to construct on September 21, 1972.
b. Public Utilities Commission (PUC) has received
Application No. 53951 for Certificate of Convenience
dated April 9, 1973. The application has been assigned
to an Examiner. PUC will draft an Environmental Impact
Report (EIR) and issue it to state agencies, including
ARB, for comment. A hearing will be set about 30 days
after issuance of the EIR.
c. California Coastal Zone South Coast Regional Commission
has not received an application for approval of the
proposed installations. The Commission advised that it
would normally receive such application after approval
has been granted by local agencies and PUC.
ITEM NO.: 73-6-11
Status Report - Local Enforcement Programs on Visible Emissions
from Motor Vehicles.
RECOMMENDATION
This is an informational report.
DISCUSSION
1. On June 21, 1973, the Board instructed the staff to report
on air pollution control district enforcement programs on
visible emissions from motor vehicles.
2. The local enforcement programs for regulating visible
emissions from motor vehicles are based on sections 24224
and 24355.4 of the Health and Safety Code. These sections
are attached.
3. Section 24224 requires county air pollution control officers
to enforce, with certain exceptions, provisions of Division
12 of the Vehicle Code. Section 24355.4 authorizes the air
pollution control officer of the Bay Area Air Pollution
Control district to enforce the same provisions, but if
state funds are given to the District under the ARB's
subvention program, the control officer is required to do
so.
4. The two sections of the Vehicle Code which are likely to be
enforced by the districts against vehicles are 27153 and
27153.5. In addition the county districts may enforce
Section 24242 of the Health and Safety Code.
5. Section 27153 of the Vehicle code prohibits operation of a
motor vehicle in a manner resulting in an excessive emission
of smoke.
Section 27153.5 of the Vehicle Code prohibits emissions for
10 seconds or longer at an elevation less than 3,000 feet in
excess of the following; Ringelmann 1, or 20% opacity, for
vehicles sold or registered on or after January 1, 1971;
Ringelmann 2, or 40% opacity, for vehicles sold or
registered prior to January 1, 1971.
Section 24242 of the Health and Safety Code prohibits
emissions greater than Ringelmann 2 or 40% opacity for 3
minutes in one hour.
6. Under Section 836.5 of the Penal code, an air pollution
control district may, by order, rule, or regulation,
authorize its employees to make arrests without warrants.
Enforcement may only be of those sections relating to air
pollution.
7. Pursuant to Section 165(g) of the Vehicle Code, the
Commissioner of the highway Patrol may authorize air
pollution control districts to equip their cars as emergency
vehicles.
8. The local programs at present are briefly summarized as
follows:
a. In the programs of Monterey-Santa Cruz, Humboldt, San
Bernardino, Modoc, Sacramento, San Diego, San Joaquin
and Ventura APCDs, district inspectors note the license
number of a vehicle with emissions in excess of the
standards. Most of the districts forward the
information to a law enforcement agency. The agency
then contacts the owner informally to obtain
compliance.
b. In the Riverside and Los Angeles APCD programs,
uniformed district personnel patrol public highways in
marked cars. These personnel are authorized to stop
and cite the owner or operator of a vehicle observed in
violation. The owner or operator is usually required
to appear in court regarding the violation.
c. Riverside County APCD has an armed inspector who
patrols the highways one or two weekdays each week and
issues traffic citations for violations of the Vehicle
Code. The district has issued 127 citations since the
program was established in September, 1972.
d. Los Angeles County APCD has nine unarmed inspectors who
patrol the freeways each week day. Emphasis is on
emissions from trucks and buses. If the operator of an
offending vehicle is not the registered owner, a notice
of violation of Health and Safety Code Section 24242 is
issued which may result in a $500 fine for the owner
for each violation. If the operator is the registered
owner, a citation is issued for a violation of Vehicle
Code Section 27153 or 27153.5. This results in an
appearance in traffic court where fines are typically
in the $5 to $50 range. In both types of violations,
the owner is required to repair the vehicle. On the
average, the district issues a total of about 200
notices of violation or citations per month.
e. The Bay Area Air Pollution Control District is now
training personnel and expects to have a program by
September, 1973. 12 unarmed inspectors will be
patrolling during weekdays. Emphasis will be on
emissions from large trucks and buses.
f. The remaining 39 districts rely on law enforcement
agencies to enforce visible emission standards against
vehicles.