State of California
AIR RESOURCES BOARD

Summary of Board Meeting
November 18, 1999

Air Resources Board

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

MEMBERS PRESENT: Hons. Alan C. Lloyd, Ph.D., Chairman
  Joseph C. Calhoun, P.E.
  Doreen D'Adamo
  Mark DeSaulnier
  C. Hugh Friedman
  Matthew R. McKinnon
  Barbara Patrick
  Barbara Riordan
  Ron Roberts

AGENDA ITEM #

99-9-1 Public Meeting to Consider the Approval of California's On-Road Motor Vehicle Emissions Inventory

This item was postponed to the December 9, 1999 meeting of the Board.

99-9-2 Public Meeting to Consider the 1999 Report to the Legislature-Progress Report on the Phase Down of Rice Straw Burning in the Sacramento Valley Air Basin

SUMMARY OF AGENDA ITEM:

The staff proposed that the Board approve for submittal to the California Legislature the 1999 Report to the Legislature--Progress Report on the Phase Down of Rice Straw Burning in the Sacramento Valley Air Basin.

The Connelly-Areias-Chandler Rice Straw Burning Reduction Act of 1991 (the Act; Health and Safety Code section 41865) requires that rice straw burning in the Sacramento Valley be phased down and, starting September 2001, allowed only under specified conditions for disease control. Under the Act, the ARB and the California Department of Food and Agriculture must submit joint, biennial reports to the Legislature on the progress of the phase down. This is the third such report.

Oral testimony from rice growers and representatives from industry, local air districts, and the California Department of Food and Agriculture requested that additional time be provided to review the proposed report. The Board agreed and directed the staff to continue the item until the December 9-10, 1999, Board meeting. The Board also specified that all written comments on the report be submitted by the close of business on December 2, 1999.

ORAL TESTIMONY:
Chris Churchill Fiber Tech
Steve Schaffer California Department of Food and Agriculture
Bob Herkert California Rice Commission
Joe Carrancho Rice Producers of Calif
Les Fife Sacramento Valley Air Basin Control Council
William R. Waite Sacramento Valley Air Basin Control Council
Chris McKenzie Rice Farmer
Paul Knepprath American Lung Association
.
FORMAL BOARD ACTION: None

RESPONSIBLE DIVISION: PTSD

STAFF REPORT: Yes (48 pages)

99-9-3 Public Meeting to Consider the Status Report/Report to the Legislature on Implementation of California's Minor Violation Program

SUMMARY OF AGENDA ITEM:

Compliance Division staff presented a report to the Legislature entitled AImplementation of California's Minor Violation Program,@ which also served as a status report to the Board on implementation of ARB's minor violation program.

Legislation was enacted in 1996 (AB 2937, Brutle, Stats. 996, Chapter 775) codified at sections 39150 B 39153 of the H&SC, that requires ARB and the local air districts to adopt rules establishing a minor violation program. Under such a program, most minor violations would result in a notice to comply (NTC) rather than a notice of violation (NOV). An NTC provides a violator with an opportunity to correct a violation without the assessment of a fine or penalty. An NOV generally results in a fine or penalty. There was no deadline for adoption specified in the legislation.

The Legislation also requires that ARB prepare a report to the Legislature by January 1, 2000 on actions taken by ARB and the air districts to implement the legislation and the result of that implementation. The report presented to the Board is intended to fulfill that requirement and will be forwarded to the Legislature by January 1, 2000.

Major findings of the report include:

ARB and 26 of the 35 local air districts have adopted a minor violation regulation. Additionally, two district board hearings are scheduled in December 1999 to consider adoption;

Results of air district implementation are as follows:

1) Twenty-six (26) of the 35 air districts have adopted a rule;
2) the legislation has resulted in the establishment of a minor violation program in 12 air districts where there had been none; 3) the legislation resulted in changes to existing minor violation programs in some districts; and 4) as of October 31, 1999, approximately 5,300 NTCs had been issued by districts with an adopted rule;

Benefits of the legislation include formalization of existing policies, improved structure in guidelines, and consistency and uniformity in the issuance of an NTC; and

The intent and purpose of legislation has largely been realized.

ORAL TESTIMONY: None

FORMAL BOARD ACTION:

Approved Resolution 99-37 by a unanimous vote.

RESPONSIBLE DIVISION: CD

STAFF REPORT: Yes (32 pages)

99-9-4 Public Hearing to Consider Amending the Area Designations for State Ambient Air Quality Standards

SUMMARY OF AGENDA ITEM:

The staff recommended that the Air Resources Board (Board) approve the proposed amendment to the area designation regulations with respect to the State ambient air quality standards.

The Health and Safety Code (H&SC) section 39607(e) requires the Board to establish area designation criteria and to periodically review the criteria. The staff did not propose any amendment to the designation criteria this year.

In addition, H&SC section 39608 requires the Board to establish and annually review the area designations. Based on the air quality data from the most recently available three years (1996 through 1998), the Board approved the staff's proposal to redesignate the North Coast Air Basin portion of Sonoma County from attainment to nonattainment for the State ozone standard.

ORAL TESTIMONY: None

FORMAL BOARD ACTION:

Approved Resolution 99-38 by a unanimous vote.

RESPONSIBLE DIVISION: PTSD

STAFF REPORT: Yes (143 pages)

99-9-5 Public Meeting to Consider a Review of Air Quality Legislation for 1999

SUMMARY OF AGENDA ITEM:

Legislative Office staff presented a review of air quality legislation from the 1999 legislative year. The presentation included a review of the new mandates that resulted from this legislation. Mandates were described in terms of major policies or themes. The five themes discussed were: 1) MTBE phase-out; 2) children's health; 3) environmental justice; 4) diesel clean-up incentives; and 5) clean vehicle incentives. Staff also outlined the formal process for preparation and review of confidential legislative analyses within the administration.

ORAL TESTIMONY: None.

FORMAL BOARD ACTION: None.

RESPONSIBLE DIVISION: Chair's Office - Legislative Office

STAFF REPORT: None.