State of California AIR RESOURCES BOARD Eureka City Hall Council Chambers 541 K Street Eureka, CA May 2, 1973 AGENDA 73-9-1 Approval of Minutes of April 18, 1973 Meeting. 73-9-2 Consideration of Local District Agricultural Burning Implementation Plans. 73-9-3 Report on Additional Regulations for the Control of NOx Emissions in the South Coast Air Basin. 73-9-4 Consideration of Alternate Actions to Deal with Fossil-Fueled Power Plants in the South Coast Air Basin. 73-9-5 Status of Air Pollution Control Legislation. 73-9-6 Report on Local Variances Extended for More Than One Year. 73-9-7 Report on Proposed Standards for Asbestos. 73-9-8 Other Business. a. Consideration of Requests for Extensions of Open Burning in City and County Dumps. b. Report of Status of Open Burning at Colusa County Dump in Maxwell. 73-9-9 Remarks from Audience - End of Morning and Afternoon Session. ITEM NO.: 73-9-2 Consideration of Agricultural Burning Implementation Plans. RECOMMENDATION 1. Two additional districts (Fresno and Madera) have submitted plans consistent with the Agricultural Burning Guidelines. The staff recommends adoption of Resolution 73-1c thereby approving these plans. 2. One air pollution control district (Kings) has still not submitted an agricultural burning implementation plan. The District has scheduled a public hearing for May 1, 1973 to adopt an agricultural burning implementation plan. FACTS AND DISCUSSION 1. On June 21, 1972, the Board adopted Agricultural Burning Guidelines for the entire state. The Guidelines required all districts to adopt, by December 20, 1972, implementation plans to regulate agricultural burning and to submit the plans to the Board for approval within 10 days after adoption. After public hearing, the Board required by the State Health and Safety code to approve, modify, or reject the plans. The Code also requires that if a plan is rejected or if no timely plan is submitted, or if the plan is economically or technically not feasible, the Board, after hearings held in the basin affected, shall adopt an alternative plan. 2. As of its April 4, 1973 meeting, the Agricultural Burning Implementation Plans of 47 districts have been approved by the Board. 3. The Agricultural Burning Implementation Plan submitted by the Fresno County Air Pollution Control District was disapproved by the Board on February 21, 1973 because the plan was inconsistent with the Board's Guidelines. Since then the District adopted, by Resolution, the modifications required to make the plan consistent with the Guidelines. The Madera County Air Pollution Control District has adopted by resolution and submitted an approvable agricultural burning implementation plan. Approval of these plans is recommended (See Resolution 73-1c). 4. The Kings County Air Pollution Control District has not submitted a plan. The staff has been working closely with the District to develop a plan which will be considered by the Air Pollution Control Board on May 1, 1973. ITEM NO.: 73-9-3 Report on additional regulations for control of NOx emissions in the South Coast Air Basin. RECOMMENDATION None. This is an informational report. DISCUSSION 1. The Air Resources Board at its meeting on December 6, 1972 instructed the staff to discuss with South Coast Air Basin Coordinating Council (SCABCC) the possibility of making the "Rule 68" limitations on NOx emissions of 125 ppm with gas fuel and 225 ppm with oil fuel, uniform throughout the Basin and applicable to smaller sources. 2. A letter dated December 18, 1972 was sent to all members of the SCABCC and its Technical Advisory Committee (TAC) requesting that this subject, among others, be discussed at the January 5, 1973 meeting of the SCABCC. The SCABCC placed this matter on the agenda of its January 5, 1973 meeting and subsequently instructed its TAC to develop a report on this subject. 3. On January 25, 1973 the SCABCC-TAC met in the offices of the Los Angeles County APCD to discuss the drafting of the report to the SCABCC. The draft report was submitted to the SCABCC on February 9, 1973. 4. The SCABCC-TAC expects to meet to finalize the report on April 25, 1973 and present it for consideration by the SCABCC at the Council's meeting on May 4, 1973. 5. The staff will report to the Board on this matter after the SCABCC has made it decision. ITEM NO.: 73-9-4 Consideration of options for dealing with new fossil fueled power plants in the South Coast Air Basin. RECOMMENDATION Request APCD's to establish rules to authorize the denial of construction permits for new fossil fuel power plants. Approval could be granted when the new plant employs the best emission control technology. Replacement of an existing plant could be permitted if the new plant emits no more pollutants then the old one. SUMMARY A discussion of alternatives available to the Board for action that may be taken to prevent or reduce the proliferation of fossil fueled power plants in the South Coast Air Basin. ITEM NO.: 73-9-5 1973 Legislation. RECOMMENDATION This is an information item. SUMMARY Action in the legislature has been fairly slow; only about 50 bills relating to air pollution have been introduced, and few of those bills have had a hearing. ITEM NO.: 73-9-6 Variances Granted or Extended for a Period Exceeding One Year. (Simpson Lee Paper Company and Kimberly-Clark Corporation, Shasta County). CONCLUSION Simpson Lee Paper Company and Kimberly-Clark Corporation are both under a schedule which calls for compliance by mid-1975. In the case of Simpson Lee Company, a key step in the compliance schedule is evaluation of control techniques. If this step is completed earlier, compliance could be achieved earlier. In the case of Kimberly-Clark, compliance could be achieved earlier if modifications of its boilers are completed earlier. Suggested changes in the schedule of modifications are included in the staff report. DISCUSSION 1. Sections 24303 and 24365.12 of the California Health and Safety Code requires all air pollution control districts to submit annual reports on all variances extended for a period exceeding one year. 2. Under Section 39054.2 of the Health and Safety Code, the Board is authorized to revoke any variance if the Board finds that the increase in air contaminants outweighs the economic loss that may result if the variance is revoked. 3. On November 8, 1972, the staff presented to the Board a list of 77 variances reported for the year July 1, 1971 through June 30, 1972. 4. After reviewing the 77 variances, the Board requested that six of the variances be evaluated further. Four of the variance investigations were reported to the Board at its April 4, 1973 meeting. They were: a. Bermite Division, Tasker Industries (Los Angeles County). b. Flare Northern Division, Atlantic Research Corp. (Los Angeles County). c. California Portland Cement Company (Kern County). d. Monolith Portland Cement Company (Kern County). 5. The remaining two variances are evaluated in the attached report. They are: a. Simpson Lee Paper Company (Shasta County). b. Kimberly-Clark Corporation (Shasta County). ITEM NO.: 73-9-7 Asbestos Control Regulations and Proposed Standards. RECOMMENDATION The ARB and Department of Public Health staff jointly review EPA asbestos regulations, identify inadequacies of regulations, determine what agencies have responsibility for asbestos monitoring, regulations and control, and advise the ARB on action to take. DISCUSSION On January 8, 1973, Dr. Frederick B. Hodges, Director of the State Department of Public Health, wrote to the Chairman of the Air Resources Board pointing out the need to establish an air quality standard for asbestos. Dr. Hodges recommended regulation of activities that emit asbestos, source monitoring in some cases, and that the State Department of Public Health with the assistance of an advisory group review the health implications of asbestos exposure and make further recommendations for air quality standards and control. A copy of Dr. Hodge's letter is enclosed. The EPA had proposed regulations on December 7, 1971 to control emissions of asbestos. The ARB staff waited until the EPA regulations were adopted before responding to Dr. Hodges letter. The EPA regulations were promulgated on April 6, 1973, and are enclosed. The Department of Public Health would like the ARB to take a position on asbestos control. In accordance with Dr. Hodge's suggestions, what needs to be done now is for the staff and others designated by the Board to work with the State Department of Public Health to review the implications of asbestos exposure and to make further recommendations for air quality standards and for control. ITEM NO.: 73-9-8a Application for Extension of Open Burning at Disposal Sites. RECOMMENDATION The Staff recommends approval of the attached Resolution 73-23 which would grant the City of Newman and the City of Patterson additional time extensions until November 1, 1973 for the City of Newman dump site and the City of Patterson dump site. FACTS AND DISCUSSION 1. As of the December 6, 1972 meeting, the Air Resources Board approved time extensions to use open fire for the purpose of disposal of solid waste for 199 city and county disposal sites. 2. The cities of Patterson and Newman, Stanislaus County, were granted time extensions by the Board to use open fire at the city dump sites until March 31, 1973, the time when a county landfill was to be in operation. The cities were informed by the county that the landfill will not be ready in time. The cities have, therefore, requested that the extension be extended from March 31, 1973 to March 31, 1974 (see attached City Resolution Nos. 73-14 and 1959). 3. As with all additional time extension requests, the staff has made an investigation to determine if the requests were based on economic and technical difficulties. We learned there are no other methods of disposal available to the residents in the Newman and Patterson areas. 4. Stanislaus County is making progress to establish a landfill site. The County has selected a suitable location for a Class II solid waste disposal site. The California Regional Water Quality Control Board Central Valley Region has approved the location (see attached discharge requirements). 5. The County Department of Public Works has been in the process of acquiring the landfill property since November 1972. The property has been appraised and an offer made to the owners. The owners have requested a second appraisal before they sell. A second appraisal Is being prepared at this time. To assure acquisition, the county has started condemnation proceedings (See attached county resolution dated April 6, 1973). 6. The county anticipates they will obtain the property within the next six months. Once the property is acquired, the landfill should be operating within two weeks. 7. The staff recommends the Board grant open burning extensions of seven months instead of one year as requested by the Cities. The cities of Newman and Patterson were informed of this recommendation. ITEM NO.: 73-9-8b Closure of the Maxwell Dump Site in Colusa County. RECOMMENDATION None. (This is an information item). DISCUSSION At the meeting on April 4, 1973, the Air Resources Board adopted a resolution denying the County of Colusa a limited time extension to use open burning at the Maxwell disposal site. The Board further resolved to refer the matter to the Attorney General for legal action if burning continued at the site. On April 17, 1973, the Board of Supervisors of Colusa County adopted a motion (letter and motion attached) to close the Maxwell dump site to all public and private use beginning on April 23, 1973. The County plans to construct a transfer station at the Maxwell site and have it operating by June 22, 1973. On April 20, 1973 the staff of the Board observed earth moving equipment covering the existing dump site. ITEM NO.: 73-9-8c Application for Accreditation of a Used Motor Vehicle Exhaust Emission Control Device for Oxides of Nitrogen with Class (a) Engine Size Displacement. RECOMMENDATION Reconsider the accreditation of STP's NOx control device for class (a) vehicles; consideration should include acceptance of a proposed modification that would eliminate the maximum performance adverse effect unique to approximately 50% of the class (a) vehicle population. DISCUSSION The Air Resources Board recently accredited STP Corporation's oxides of nitrogen control device for 1966 through 1970 model year motor vehicles with engine size class (a). In the process of establishing exempted vehicles from the retrofit program, comments were solicited from the vehicle manufacturers concerning claims of exemptions for specific vehicle types for mechanical or control reasons. Volkswagen Corporation of America requested exemption of all 1966-70 model year Volkswagens from the STP installation based upon adverse effects on vehicle performance, fuel economy and exhaust gas temperature. A meeting was held with representatives of Volkswagen and STP Corporation and members of the Air Resources Board staff to discuss Volkswagen's claims. It was agreed that the vehicle performance was of greatest concern. Substantiating Test Data Test data were presented by Volkswagen (Appendix 1) and the Air Resources Board Laboratory (Appendix 2, Table II) showing the effects of the STP device on maximum vehicle performance. The Volkswagen data were generated from repeated tests (5 or more) on the same vehicle. The ARB Laboratory data were obtained using six vehicles. A comparison of the two sets of data show agreement in the loss of performance during the acceleration driving modes. Volkswagen recorded a 53% average increase in the time of accelerate from 40-70 mph with the STP device (4th gear only). A 39% average increase was recorded for 0-60 mph accelerations. ARB tests indicate a 15% average increase in the acceleration time from 0-70 mph. Volkswagen accounts for approximately 50% of the vehicles in class (a) and is unique in that most models are equipped with vacuum advance only distributors. In their case, the lowering of the spark advance curve by the air bleed component has an effect on full throttle performance. In vehicles having combined centrifugal and vacuum advance distributors, the vacuum portion of the spark advance is normally inoperative at full throttle. Proposed Modification It was STP Corporation's opinion that the data submitted by Volkswagen and the ARB did not have the significance to allow an exemption to 1966-70 model-year Volkswagens. However, it was agreed by all parties that the elimination of the spark advance modification (air bleed) would tend to minimize power loss on vehicles with vacuum advance only distributors.