State of California
AIR RESOURCES BOARD

Summary of Board Meeting
April 23, 1998

Air Resources Board
Board Hearing Room, Lower Level
2020 "L" Street
Sacramento, California

MEMBERS PRESENT: Hons. John D. Dunlap, III, Chairman
Joseph C. Calhoun, P.E.
Mark DeSaulnier
Lynne T. Edgerton, Esq.
William F. Friedman, M.D.
Jack C. Parnell
Barbara Patrick
Sally Rakow
Barbara Riordan
James W. Silva

AGENDA ITEM #

98-4-1 Public Hearing to Consider Amendments to Heavy-Duty Vehicle Regulations: 2004 Emission Standards; Averaging, Banking, and Trading; Optional Reduced-Emission Standards; Certification Test Fuel; Labeling; Maintenance Requirements and Warranties

SUMMARY OF AGENDA ITEM:

The staff proposed amendments to the California Code of Regulations, Title 13, Sections 1956.8, 1965, 2112, and 2036, and to the emission standards, test procedures, and warranty requirements incorporated by reference in those sections. The proposed amendments include both mandatory and optional reduced-emission standards for 2004 and subsequent on-road heavy-duty diesel engines (HDDEs). The proposed amendments also allow engine manufacturers to participate in the federal averaging, banking, and trading (ABT) program. The proposed amendments mirror adopted federal requirements for durability, maintenance, engine rebuilds, and other provisions.

Changes proposed by the staff at the Board hearing included allowing manufacturers of on-road medium-duty diesel engines (MDDEs) to generate California-only ABT credits in 1998 through 2003, and to certify on California diesel fuel in 2004 and 2005. The proposed changes to the original staff proposal allowed manufacturers to produce 50-state MDDEs beginning in 2004, while protecting the air quality benefits of California's State Implementation Plan.

ORAL TESTIMONY:

Jed Mandel
Engine Manufacturers' Association

FORMAL BOARD ACTION:

Approved Resolution 98-17 by a unanimous vote.

RESPONSIBLE DIVISION: MSCD

STAFF REPORT: Yes (178 pages)

98-4-2 Public Hearing to Consider the Adoption of a Proposed Regulation titled: "Definition of Minor Violation and Guidelines for Issuance of a Notice to Comply"

SUMMARY OF AGENDA ITEM:

AB 2937 was enacted in September 1996 and required the Board to adopt a regulation classifying minor regulations in the areas for which the Air Resources Board (ARB) adopts regulations and has primary enforcement authority. Compliance Division staff presented a proposal classifying minor violations in the areas of motor vehicle fuels content, consumer products, and cargo tank inspections (Health and Safety Code sections 43830, 41712, and 41962, respectively). The staff proposal also included guidelines for the issuance of Notices to Comply.

Two classifications were proposed: procedural minor violations and de minimis emissions-related minor violations. The proposal included the qualifier that in order to be considered minor, a de minimis emissions-related violation could not cause an increase in emissions of any toxic air contaminant.

Per statutory criteria added by AB 2937 (H&SC sections 39150 - 39153), a number of factors must be considered when determining what are minor violations. These factors include the danger they pose to the public and the environment. HSC 39150 states that no violation can be minor if it is a willful or knowing violation, a chronic violation, or a violation committed by a recalcitrant violator.

Proposed modifications to the original proposal were presented to the Board on the day of the hearing in response to public comment. There were three changes: modification to the definition of "chronic" violation; modification to the language regarding de minimis emissions of toxic air contaminants to clarify that the increase in toxic emissions would have to exceed a standard to preclude an otherwise de minimis emissions violation from consideration as a minor violation; and deletion of the regulation sunset date.

Staff also proposed that a report to the Board, due in June 1999, be prepared monitoring the first year of implementation of the proposed regulation.

AB 2937 also requires that a report to the Legislature be prepared by January 1, 2001 describing implementation of not only ARB's minor violation program, but the local air district programs as well.

California's 35 air pollution control districts are also in the process of classifying minor violations and adopting "notice to comply" programs for minor violations over which they have enforcement authority. The Board rulemaking action only applies to the ARB's "Notice to Comply" program and does not affect air district programs.

ORAL TESTIMONY:

Frank R. Caponi
L.A. County Sanitation District

Jot Condi
California Manufacturers Association

FORMAL BOARD ACTION:

Approved Resolution 98-18 by a unanimous vote.

RESPONSIBLE DIVISION: CD

STAFF REPORT: Yes (48 pages)

98-4-3 Consideration of Research Proposal

SUMMARY OF AGENDA ITEM:

At the March meeting of the Air Resources Board, the Board asked for a more detailed presentation and discussion by staff of proposal number 2355-202 entitled, "The Effects of Smoke from Burning Vegetative Residues on Airway Inflammation and Pulmonary Function in Health, Asthmatic and Allergic Individuals," submitted by the University of California, San Francisco. Staff described outreach efforts with interested stakeholders during the past 30 days and changes that were made to the proposal to address stakeholder concerns.

ORAL TESTIMONY:

Howard Carnahan
Citizen/Rice Producers

Paul Knepprath
American Lung Association

George Soares
Calif. Rice Industry

FORMAL BOARD ACTION:

Approved Resolution 98-14 by a unanimous vote.

RESPONSIBLE DIVISION: RD

STAFF REPORT: No