State of California AIR RESOURCES BOARD Junipero Serra State Bldg. 107 South Broadway, Room 1138 Los Angeles, CA December 18, 1973 9:30 a.m. AGENDA 73-27-1 Approval of Minutes of November 13, 1973 Meeting. 73-27-2 Public Hearing - Revision 4 of the State Implementation Plan for Achieving and Maintaining National Ambient Air Quality Standards. 73-27-3 Consideration of State Implementation Plan Revision to Provide Complex Source Review Procedures. 73-27-4 Consideration of Applications for the Extension of Open-Burning at Disposal Sites. 73-27-5 Staff Report - Lead Additives in Gasoline. 73-27-6 Staff Report - Local Permit System Regulations that Consider Ambient Air Quality. 73-27-7 Staff Report - Variances Issued by Local Air Pollution Control Districts for Longer than One Year. 73-27-8 Staff Report - Variance Procedure for Burning Fuel Which Does Not Meet Sulfur Rules. 73-27-9 Staff Report - Delegation of Authority from EPA for New Sources and Hazardous Pollutant Control. 73-27-10 Other Business - a. Lake County Request for Exemption from EPA Regulations. b. Notice of Public Hearing on Compliance Schedules. c. Meeting Dates for 1974. 73-27-11 Remarks from Audience - End of Morning and Afternoon Session. ITEM NO.: 73-27-2 Consideration of a State Implementation Plan Revision for the South Coast Air Basin. RECOMMENDATION Delete from the proposal, all reference to an NOx retrofit program for 1965-72 heavy-duty, gasoline-powered vehicles, and adopt the proposal as a revision to the State Implementation Plan. SUMMARY The staff has prepared a proposed revision to the State Implementation Plan for consideration at a public hearing to be held during the December 18, 1973 Board meeting. This proposed revision includes a revised control strategy for the South Coast Air Basin and some changes to the State General Plan. The attached staff report discusses the roles of CALTRANS and the ARB in relation to transportation control measures. The report also presents some implications of the NOx retrofit program for heavy-duty vehicles and the catalytic converter retrofit program that are discussed in the proposed revision. ATTACHMENT: Proposed Revision. Memo on Agency Responsibilities Regarding Traffic Control. Summary of federal, state, and local control strategies. Hearing Notice. ITEM NO.: 73-27-3 Consideration of State Implementation Plan Revision to Provide for Indirect (Complex) Source Review Procedures. RECOMMENDATION Defer decision until January Board meeting. This will provide time to receive additional testimony on the proposal as revised and to consider plan expected to be promulgated by EPA in late December. SUMMARY The Board held a public hearing on November 13, 1973 to consider amendments to the State Implementation Plan to provide for the review and regulation of indirect sources of air pollution. Action on the proposed amendments was deferred until December 18, 1973 so the proposal could be revised to reflect the testimony received by the Board and by EPA on its proposal to regulate indirect sources, and so that local authorities could have more time to develop necessary rules. ATTACHMENTS: ARB Proposal, Revised December 18, 1973. Summary of testimony presented to ARB - By category. Summary of testimony presented to ARB - By individuals. ITEM NO.: 73-27-4 Consideration of Applications for the Extensions of Open Burning at Disposal Sites. RECOMMENDATIONS 1. Adopt Resolution 73-56, which will grant additional time extension for open burning at 74 dump sites. Forty-three of the 74 dump sites will be granted extensions as requested; 31 will be granted extensions less than requested. In no case, the additional extension will be longer than one year. 2. Adopt Resolution 73-57, which will deny the request for time extension for 3 dump sites in Siskiyou County. SUMMARY 1. On January 1, 1974, time extensions for open burning at 159 dump sites will terminate. 2. Requests for additional time extensions for open burning at 77 of the 159 dump sites have been received and processed. The 77 sites are in sparsely, or extremely sparsely populated areas. Seventy-four meet the Board criteria for additional time extension. 3. The U.S. Forest Service (USFS) and the Bureau of Land Management (BLM) have requested that the Board not grant any time extensions that would extend past July 1, 1974, for open burning at dump sites located on their land. Of the 77 sites, 23 are located on USFS land and 10 are located on BLM land. 4. The staff received petitions protesting further time extensions for open burning at the Jamestown and City of Sonora dump sites in Tuolumne County. Six-month extensions were requested for these two dumps. Because there are no good alternatives for the residents in the Jamestown and Sonora area, the staff recommends 2-month extensions. This extension can be renewed by the Executive Officer. 5. Residents who use 3 sites in Siskiyou County have suitable alternate methods for disposal of their solid waste. The staff recommends no further extension be granted to these sites. 6. Attached is a staff report which discusses the requests and reasons for the staff recommendations. Also attached are informational materials which are related to the actions being considered. ITEM NO.: 73-27-5 The Status of Regulations on Lead in Gasoline. RECOMMENDATION This is an informational report. SUMMARY 1. The Federal environmental Protection Agency (EPA) has adopted and revised its program for phasing out lead additives in gasoline. 2. The federal program should reduce lead emissions from vehicles in California by about 94 percent by 1979. 3. According to a newspaper report, the federal program for phasing out lead gasoline additives is expected to have little impact on the energy shortage. 4. The California ambient air quality standard for lead was exceeded at a number of locations during 1972. ITEM NO.: 73-27-6 Local Permit system Rules that Consider Ambient Air Quality. RECOMMENDATION The Board direct the staff to develop, if necessary, modifications to appropriate air basin coordinating councils' (or districts') air pollution control plans to include a permit system rule that considers ambient air quality. SUMMARY 1. On August 3, 1973, the Board requested those air basin coordinating councils whose air pollution control plans did not require that ambient air quality standards be a criteria for granting authority to construct, to consider amending their coordinated basinwide plans to include such a requirement. 2. The request was not made to the Bay Area Air Pollution Control District, nor to the South Coast, North Central Coast, and south Central Coast Air Basin Coordinating Councils, because of the air pollution control districts in these air basins already had the necessary rules. 3. Of those coordinating councils to whom the request was made, only the Great Basin Valleys Air Basin has responded by revising its air pollution control plan. 4. According to Section 39276, all coordinating councils and basinwide districts were to file their revised basinwide air pollution control plans in response to the Board's request, within 60 days. If these local authorities do not revise their plans in accordance with the Board request, the Board may hold a public hearing to consider necessary modifications. 5. Attached is a table which summarizes the actions of those APCDs that have adopted a permit system rule which considers ambient air quality standards. A copy of Section 39276 of the Health and Safety Code is also attached. ITEM NO.: 73-27-7 Report on variances issued or extended by local air pollution control districts for longer than one year (July 1, 1972 and June 30, 1973). RECOMMENDATION Four variances (listed in Table II) should be investigated further to determine if the lengths of the variances are justifiable. If the Board concurs, the staff will proceed with the investigation, and determine if Board action pursuant to Section 39054.2 of the Health and Safety Code is necessary. BACKGROUND 1. Section 24303 and 24365.12 of the California Health and Safety Code requires all air pollution control districts to submit annual reports, prior to September 30, on all variances issued or extended for a period exceeding one year. 2. Section 39054.2 provides that the Air Resources Board may revoke any variance granted by a county or regional district, if, in its judgement, the increase in air contaminants in the district out-weighs the economic loss that may result from the revocation of the variance. 3. Fifteen districts have reported variances that have been extended so that the total period exceeds one year. Thirty-five districts reported that they have issued no such variances. ITEM NO.: 73-27-8 Variance Procedure for Burning Fuel Which Does Not Meet Sulfur Rules. RECOMMENDATION This is an informational report. DISCUSSION 1. The burning of residual fuel oil is predicted to increase four-fold in the years 1972 to 1976 if past trends continue. This is primarily caused by the shortage of natural gas and the resulting switch from natural gas to fuel oil, but is also caused by the increasing demand for energy. 2. The predicted demand for low sulfur fuel oil cannot be met by California refineries and, therefore, imports will be required. 3. The shortage of low sulfur fuel oil has already resulted in applications to the districts for variances to burn high sulfur oil. 4. The increased burning of fuel oil will result in increased emissions of sulfur dioxide and oxides of nitrogen. A corresponding increase in ambient concentrations of sulfur dioxide and oxides of nitrogen would follow. 5. Variances for burning high sulfur fuel oil can be issued by local APCDs under present procedures. EPA wants to continue its procedure whereby it approves variances because variances are regarded by EPA as modifications to the State Implementation Plan. EPA involvement could delay the obtaining of variances by fuel users. 6. Two proposed amendments to the Federal Clean Air Act would allow EPA to grant to fuel burning stationary sources temporary suspension of emission limitations, compliance schedules, and "any requirement under the act", and would require review of implementation plans in the light of the fuel shortage. 7. The Subcommittee on State Energy Policy of the California Legislature is holding hearings on the fuel shortage. At the Subcommittee's request, the staff testified on December 12, 1973 about the matters contained in this report.