State of California

Summary of Board Meeting
July 28, 1994

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

MEMBERS PRESENT:  Hons. Jacqueline E. Schafer, Chairwoman
                                                 Eugene A. Boston, M.D.
                                                 Joseph C. Calhoun, P.E.
                                                 Lynne T. Edgerton, Esq.
                                                 M. Patricia Hilligoss
                                                 John S. Lagarias, P.E.
                                                 Barbara Riordan
                                                 Doug Vagim
                                                 Harriett Wieder



Public Hearing to Consider Amendments to the Emission Control Regulations for 1995 and Later Model Utility and Lawn and Garden Equipment Engines

In December 1990 the ARB adopted emission control regulations for utility equipment engines. These gasoline-, diesel- and alternate-fueled utility engines are all under 25 horsepower. Equipment in this category includes lawnmowers, chainsaws, leaf blowers, and generator sets.

The staff proposed amendments to the certification, engine labeling, warranty, and compliance procedures for utility equipment engines. The amendments included an option to certify gaseous-fueled engines based upon a non-methane hydrocarbon measurement, incorporation of new versions of utility engine test procedures, provisions to allow the use of the same test fuels used for car and light truck testing, clarification of the requirements and responsibilities of manufacturers regarding engine labels, clarification of the provisions for testing and showing compliance with the assembly-line quality-audit and new engine compliance procedures, clarification of the responsibilities of and penalties that may be imposed on manufacturers regarding noncompliant engines, and incorporation of various nonsubstantive clarifications, corrections, and modifications in order to maintain continuity throughout the regulations.

Many of the changes were developed in cooperation with utility engine manufacturers as they proceeded through the certification process. The changes are intended to clarify and enhance the certification and compliance procedures, and do not change the air quality and environmental impacts of the originally adopted program. Additionally, the amendments are intended to improve the efficiency of the certification and compliance processes. Thus, the economic impact on industry and ARB is expected to be positive.


Approved resolution 94-50 by a 9-0 vote.


Jed Mandel                                     Engine Manufacturers' Association (EMA)

Matthew Hall                                  Portable Power Equipment Manufacturers'
                                                      Association (PPEMA)

Peter Stucke                                   PPEMA


STAFF REPORT:  Yes (164 pages)

94-7-2 Public Hearing to Consider Amendments to the Air Toxics Hot Spots Fee Regulation


The Air Toxics "Hot Spots" Information and Assessment Act of 1987 (the Act) requires the Board to adopt a regulation which recovers costs incurred by the Air Resources Board (ARB), the Office of Environmental Health Hazard Assessment (OEHHA), and local air pollution control districts (districts) in implementing the Act. The Air Toxics Hot Spots Fee Regulation (fee regulation) was first adopted in 1988. The fee regulation is reviewed each year and amended as necessary to reflect changes in State and district costs and in the method used to calculate fees.

The Act also requires the ARB to adopt fees to support district Hot Spots programs, as part of the fee regulation, for districts that provide ARB-approved district Hot Spots program (program) costs to the ARB by April 1. The proposed amendments will establish fees for 12 districts that met this requirement. The other 22 districts are required to adopt district fee rules to recover their costs and their portion of the State's cost.

The ARB staff presented proposed amendments that were developed through a series of three public workshops, meetings with affected industries and industry associations, meetings with district representatives, and meetings of the Air Toxics Hot Spots Fee Regulation Committee, which is made up of representatives from the districts, the OEHHA, and the ARB.

An important change proposed by the ARB staff for the fiscal year 1994-95 fee regulation was a reduction in the State's cost of $933,000. This represents an 18 percent reduction from last year's cost. Of this amount, $183,000 is a permanent decrease in costs for the program. In addition, both the ARB and the OEHHA proposed to carry-over savings totaling $750,000 from previous years. These proposals reduce the State's cost for fiscal year 1994-95 to $4.2 million. With estimated district costs of $7.0 million for fiscal year 1994-95, total program costs are $11.2 million.

In addition to the reduction in the State's cost, the staff proposed the following modifications: 1) to include the number of industrywide facilities when calculating each district's share of the State's cost; 2) to increase the State's cost for facilities in the highest health risk priority categories in accordance with the requirements of Senate Bill 1378, McCorquodale; 3) to reduce the fee caps for facilities that are small businesses and the simplest facilities submitting inventory plans and reports; and 4) to require the OEHHA to initiate a program to track their time spent on risk assessment review during fiscal year 1994-95.

Additional modifications to the staff's proposal were presented at the hearing. One proposal would allow districts, whose fee schedules are established in the State's fee regulation, to adopt their own fee rules after adoption of the State's fee regulation. Another provision would allow the State to waive a district's request to have its fees established in the fee regulation. At the Chairwoman's direction, the staff is including a modification that will specify the information that must be included on Hot Spots fee invoices sent to facilities. These additional modifications, as well as updates to facility counts that affect the distribution of the State's cost, will be circulated to the public in a Notice of Public Availability of Modified Text for an additional 15-day review and comment period.

Testimony was provided in support of the proposed amendments. Some testifiers asked that consideration be given to changing the fee basis for fiscal year 1995-96.


Tim Sturdavant                          San Diego Industrial Environmental Association

Pat Leyden                                South Coast Air Quality Management District

Walt Murray                              Manufacturers' Council of the Central Valley

John Hunter                               Northrup-Grumman

M. Dean High, P.E.                   Metal Finishing Association of Southern

Jeffrey Sickenger                       Western States Petroleum Association (WSPA)

Cindy Tuck, P.E.                       California Council for Environmental and
                                                 Economic Balance (CCEEB)

Matthew Dustin, Esq.                California Paint Council


Approved Resolution 94-51, with modifications, by an 8-0 vote.


STAFF REPORT:  Yes (78 pages)