1 CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY 2 AIR RESOURCES BOARD 3 4 5 6 7 PUBLIC MEETING 8 9 10 11 12 13 TRANSCRIPT OF PROCEEDINGS 14 October 26, 2000 15 9:35 A.M. 16 105 East Anapamu Street Fourth Floor 17 Santa Barbara, California 18 19 20 21 REPORTED BY: Jennifer S. Barron 22 CSR No. 10992 Our File No. 1-66575 23 24 25 1 APPEARANCES: 2 CALIFORNIA AIR RESOURCES BOARD: 3 Alan C. Lloyd, Ph.D 4 William A. Burke, Ph.D 5 Joseph C. Calhoun, P.E. 6 Dorene D'Adamo 7 Mark J. DeSaulnier, Not present 8 C. Hugh Friedman, J.D. 9 William F. Friedman, M.D. 10 Matthew R. McKinnon 11 Barbara Patrick 12 Barbara Riordan 13 Ron Roberts, Not present 14 Michael P. Kenny, Executive Officer 15 16 17 18 19 20 21 22 23 24 25 BARNEY, UNGERMANN & ASSOCIATES, INC. (888) 326-5900 1 I N D E X 2 PUBLIC HEARING: PAGE 3 00-10-1 Public Meeting to Present the Final 10 Assessment of the Atmospheric Acidity Protection 4 Program 5 00-10-2 Public Hearing to Consider Adoption of 51 Proposed Amendments to the Regulation for Reducing 6 Volatile Organic Compound Emissions from Antiperspirants and Deodorants 7 00-10-3 Public Hearing to Consider Amendments to 82 8 the Air Toxics Hot Spots Fee Regulation for Fiscal Year 2000-2001 9 00-10-4 Public Meeting to Consider a Review of 92 10 Air Quality Legislation for 2000 11 Open Comment Period 120 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BARNEY, UNGERMANN & ASSOCIATES, INC. (888) 326-5900 1 CHAIRMAN LLOYD: Good morning. The October 2 26th public meeting of the Air Resource Board will now 3 come to order. 4 Will the clerk of the board please call the 5 roll. 6 Sorry. Before that, Mr. Calhoun is going to 7 lead us in the pledge of allegiance. Please stand. 8 (Pause for pledge of allegiance.) 9 CHAIRMAN LLOYD: Please call the roll. 10 UNIDENTIFIED SPEAKER: Dr. Burke. Dr. Burke? 11 DR. BURKE: Here. 12 UNIDENTIFIED SPEAKER: Calhoun. 13 MR. CALHOUN: Here. 14 UNIDENTIFIED SPEAKER: D'Adamo. 15 MS. D'ADAMO: Here. 16 UNIDENTIFIED SPEAKER: Supervisor DeSaulnier. 17 Professor Friedman. 18 PROFESSOR FRIEDMAN: Here. 19 UNIDENTIFIED SPEAKER: Dr. Friedman. 20 DR. FRIEDMAN: Here. 21 UNIDENTIFIED SPEAKER: McKinnon. 22 MR. MCKINNON: Here. 23 UNIDENTIFIED SPEAKER: Supervisor Patrick. 24 MS. PATRICK: Here. 25 UNIDENTIFIED SPEAKER: Riordan. 4 BARNEY, UNGERMANN & ASSOCIATES, INC. (888) 326-5900 1 MS. RIORDAN: Here. 2 UNIDENTIFIED SPEAKER: Chairman Lloyd. 3 CHAIRMAN LLOYD: Here. 4 As you can see, we're still enjoying Santa 5 Barbara too much we have difficulty focusing on the job 6 at hand today. We'd also say, by the way, Supervisor 7 DeSaulnier was going to come but he had a last minute 8 engagement in San Francisco. 9 With that, I would like to turn it over to the 10 Air Resource Control Officer here so that he might say a 11 few words. Mr. Doug Allard. 12 MR. ALLARD: Thank you, Dr. Lloyd. 13 My name is Doug Allard. I'm the Air Pollution 14 Control Officer for Santa Barbara County. On behalf of 15 our board of directors, I'd like to welcome you to Santa 16 Barbara County. 17 We're really honored to have your board meet 18 here, and we hope you have some time to see some of the 19 sites of Santa Barbara County before you leave between 20 the raindrops, which we're experiencing here. We have 21 beautiful missions. We have a lovely coastline of 22 beaches, as I'm sure you're aware. We have some lovely 23 oak woodlands, wine country. And just right out the 24 door here, one block over, the State Street, which is a 25 wonderful shopping and dining area, and many more sites 5 BARNEY, UNGERMANN & ASSOCIATES, INC. (888) 326-5900 1 to see in Santa Barbara County. 2 Also, while you're here, I want to make you 3 aware of our program of take a vacation from your car. 4 It's a joint effort by the Air Pollution Control 5 District, the Tourist Bureau and other local agencies to 6 encourage our visitors to leave their cars at home or at 7 least at their hotels and take some of the many 8 opportunities for public transit that we have. We have 9 an electric shuttle that goes up and down State Street. 10 We have a wonderful transit network. We have beautiful 11 bike trails. 12 And I know your number one interest is air 13 quality, so I want to assure you that Santa Barbara 14 County has recently obtained the as of May of last year 15 both the federal one hour and federal eight hour 16 standard for ozone, and this after having been 17 designated as a severe non-attainable. 18 I want to particularly thank you and your staff 19 for helping us attain that federal standard. It's been 20 your courage and your stick to it of this when it comes 21 to automobile emissions and related regulations that 22 have really helped us get into a team. And without 23 those regulations, I can guarantee that we would not be 24 in the attainment of the federal health standard. 25 So I want to thank you very, very much for that 6 BARNEY, UNGERMANN & ASSOCIATES, INC. (888) 326-5900 1 and again welcome you to Santa Barbara County. 2 CHAIRMAN LLOYD: Thank you very much, Doug. 3 And we'll say, Doug was the first to invite this board 4 to come to his home district here, as we made an effort 5 to move the board meetings around the state. So, Doug, 6 we appreciate that very much. 7 We also congratulate you. I know with the 8 growing county population here, the traffic and what 9 not, so clearly this looks like a true partnership 10 working together, so I congratulate you enormously in 11 obtaining one hour, which now, compared to the eight 12 hour, looks easier. So good luck and continued success 13 there, and with that at hand, that's excellent. 14 I'd just like to mention a couple of things. I 15 guess some of the board members and I have the platform 16 tour tomorrow. 17 The other one I would want to mention is that 18 we've got a major international event coming up on 19 Wednesday with the opening of the California Fuel 20 Facility in West Sacramento. The announcement last week 21 or the week before that Toyota and General Motors also 22 joined and we have all the major oil manufacturers 23 joining the partnership is truly an historical event. 24 We're hoping that the governor will be there. 25 I know Dr. Burke will be there. I will be there. 7 BARNEY, UNGERMANN & ASSOCIATES, INC. (888) 326-5900 1 Hopefully as many of the board members as possible will 2 be there for the function in the morning, and also 3 there's a function in the evening. 4 I think it's a wonderful example of California 5 obtaining the leadership with the private sector and so 6 it's a wonderful event. 7 We also attended, a number of us -- I like to 8 see a number of board members Mr. Calhoun, Mrs. Riordan 9 Mr. McKinnon and myself attended the ZEV workshop in El 10 Monte yesterday, so I was really appreciative of my 11 colleagues attended. I may be making a couple comments 12 on that. 13 I'd like to ask if they want to express any 14 observations or comments on that. 15 Barbara Riordan. 16 MS. RIORDAN: Mr. Chairman, I was just very 17 pleased to see as many participants representing all 18 different factors in the quest for zero emission 19 vehicles. I thought attendance was very good. 20 Obviously, dialogue was very important and hopefully it 21 will continue to move forward. But I just thought that 22 the numbers themselves, of people attending, spoke to 23 the importance of that issue. 24 MR. CALHOUN: Mr. Chairman, members of the 25 board, I attended the workshop, and I came away with the 8 BARNEY, UNGERMANN & ASSOCIATES, INC. (888) 326-5900 1 same feeling that I felt all along: That we have a lot 2 of work to do. I think without industry cooperation, 3 the project will not succeed. I think it's very 4 important for us to work very hard and try to come up 5 with the solution that's acceptable to all. 6 I think Bob Cross expressed it very well 7 yesterday when he said, "What we really need to do is 8 think about where we want this program to be down the 9 road from now, not some makeshift solution that solves 10 our temporary problem but where we want to be long 11 term." And I guess that sort of summarized my feelings, 12 and I think that we need to seriously think about what 13 it is that we ought to do, even if it means starting out 14 with a clean sheet of paper and working on something 15 that is going to work. But I still think we have a lot 16 of work to do. Thank you. 17 CHAIRMAN LLOYD: Thank you. Mr. McKinnon. 18 MR. MCKINNON: Yeah. I -- thank you. 19 Mr. Chairman and the board, I really appreciate that the 20 staff took a lot of time to try to flush out the ideas 21 of stakeholders, and I'm a little bit concerned that 22 some of the stakeholders didn't really come to the plate 23 and speak their piece yesterday, at least until late in 24 the day. I felt like the industry held back quite a 25 bit. 9 BARNEY, UNGERMANN & ASSOCIATES, INC. (888) 326-5900 1 And I guess what's really important for me as a 2 board member is to just continue to reaffirm that we had 3 a review, and we held firm on the mandate, and there 4 appears to be some confusion about that with a few of 5 the speakers yesterday. And the ZEV mandate, I think 6 I'm very clear we voted to keep, and yes, we voted to 7 have the workshops and to work on tweaking around the 8 edges some things to kind of modernize the mandate that 9 was worked on ten years ago. 10 But, anyway, I thought staff was very patient 11 because there was a lot of holding back, at least on the 12 part of the industry, and I hope that changes between 13 now and January. Thank you. 14 CHAIRMAN LLOYD: Thank you very much. 15 First I just would like to remind everybody in 16 the audience who wishes to testify on today's agenda 17 items to please sign up with the clerk of the board, and 18 if you have any written statements, please provide 30 19 copies of those. 20 The first item on the agenda is 00-10-1, 21 Staff's Final Assessment of the Atmospheric Acidity 22 Protection Program. 23 Again, I congratulate Doug on making sure we 24 had some precipitation today and remind us that we are 25 in fact talking about acid rain and whether it was acid 10 BARNEY, UNGERMANN & ASSOCIATES, INC. (888) 326-5900 1 or not, but the point is we certainly had rain. 2 It's interesting that the last presentation was 3 made in September 1994 with John Holmes and Jack Wilson 4 and the board approved the annual report for the 5 legislature. Since then, staff have been pushing 6 forward with this research effort in their activities 7 for the future. In addition to which, Dr. Morgan, you 8 are one of the premiere national leaders in this area. 9 What's more, he can actively retire. 10 So although the state does not require final 11 assessment, the fact remains that the board should be 12 informed of what was discovered in the program and 13 actually what questions remain with respect to acid rain 14 in California and particularly for this board as we look 15 ahead -- look back six years. 16 So I'd like at this point to turn it over to 17 Mr. Kenny. 18 MR. KENNY: Thank you, Dr. Lloyd, members of 19 the board. As you mentioned, 1994 was the last year 20 that Research Division staff made a formal presentation 21 to the board for the Atmospheric Acidity Protection 22 Program. At that time, staff outlined a plan by 23 completing the assessment by the fall of 1995 which 24 served as the framework for our presentation that 25 Dr. Holmes was invited to give at the 1995 conference in 11 BARNEY, UNGERMANN & ASSOCIATES, INC. (888) 326-5900 1 Sweden. 2 Dr. Holmes' presentation was expanded and 3 published later that year as a peer review manuscript in 4 the journal of "Water, Air and Soil Pollution," which 5 devoted an entire issue to the proceedings of the acid 6 rain 1995 conference. 7 At the time, the manuscript prepared by staff 8 summarized the major findings of the program but did not 9 include the findings of seven projects that were still 10 ongoing. The draft report before you has an update to 11 include the key findings of the studies that were still 12 in progress in 1995 and some information on air quality 13 trends through 1998. 14 Although some important additions have been 15 made, such as the work from the board's Children's 16 Health Study, the report is still variant. That 17 documents our understanding of the extent and severity 18 of the acid deposition problem in the 1990s. 19 Since 1993, aside from the funds provided from 20 the Children's Health Study, very little research money 21 has been allocated to the study of acid deposition in 22 California. 23 Although research continues outside the US, 24 there is little new information that is germane to 25 California. So in our view, this report still provides 12 BARNEY, UNGERMANN & ASSOCIATES, INC. (888) 326-5900 1 a fairly complete picture of what is known about acid 2 rain in California. 3 For today's presentation, staff will give a 4 brief overview of the major findings for the research 5 and monitoring efforts. And, in addition, Dr. James 6 Morgan, Chair of the Scientific Advisory Committee on 7 acid deposition, and Dr. John Melack, who conducted a 8 major portion of the research in the aquatic ecosystems 9 program, will also be making a presentation. 10 With that, I'd like to turn it over to 11 Dr. Brent Takemoto. 12 MR. TAKEMOTO: Good morning, Dr. Lloyd, members 13 of the board. 14 For this item, I'll be making the first of a 15 three-part presentation on the boards's Acid Deposition 16 Program. The other two speakers will be Dr. James 17 Morgan, who served as the chairman of the Scientific 18 Advisory Committee on acid deposition, and Dr. John 19 Melack, who's the principal researcher from the Aquatic 20 Ecosystems Program. 21 For my presentation today, I'll be giving you 22 an overview of the final assessment we have prepared for 23 the Atmospheric Acidity Protection Program. Over the 24 years, many staff from the Research Division, Monitoring 25 Laboratory Division and Planning and Technical Support 13 BARNEY, UNGERMANN & ASSOCIATES, INC. (888) 326-5900 1 Division participated in the research and monitoring 2 programs. 3 Although it has been over five years since we 4 summarized this body of research for Dr. Holmes, we are 5 pleased to have this opportunity to make a presentation 6 to the board on what was the most comprehensive state 7 funded acid deposition program. 8 This program was undertaken to evaluate the 9 causes and effects of acid rain, an international 10 problem with severe consequences in the eastern United 11 States and Europe. 12 While acid rain became synonymous with acidic 13 deposition, it is important to note that acidic air 14 pollutants occur in other physical forms. Wet 15 deposition refers to rain, snow and other forms of 16 frozen precipitation. Dry deposition refers to the 17 fallout of acidic gases, like nitric acid vapor and 18 acidic particles. 19 At the national level, Congress established the 20 National Acid Precipitation Assessment Program in 1980 21 to primarily study the effects of sulfur-derived acids 22 from cold combustion for public health and welfare. In 23 consideration of the measures already taken in 24 California to reduce sulfur dioxide emissions from power 25 generation processes, it was postulated that acid rain 14 BARNEY, UNGERMANN & ASSOCIATES, INC. (888) 326-5900 1 in the state would contain higher levels of nitrogen- 2 derived acids due to higher NOx emissions from cars. 3 Thus, to understand what, if any, effects could 4 be attributed to acid rain containing nitrogen-derived 5 acids, the state legislature established two programs to 6 study the extent of acid rain in California. The first 7 program was the Kapiloff program from 1983 to 1987. And 8 the second was the Atmospheric Acidity Protection 9 Program from 1989 to 1993. 10 The objectives of the Atmospheric Acidity 11 Protection Program were to examine the effects of 12 atmospheric acidity on human health and to evaluate acid 13 deposition effects on natural and man-made resources in 14 California. For this program, focus was on evaluating 15 the harmful human health effects of nitrogen-derived 16 acids and on assessing the adverse ecological effects of 17 nitrogen derived acids deposited in forests and to high 18 elevation lakes. Ultimately, the research and 19 monitoring data would be used to determine the need for 20 establishing an ambient air quality standard for acidic 21 pollutants. 22 I will begin with an overview of the California 23 Acid Deposition Monitoring Program that was conducted to 24 measure precipitation and dry deposition across the 25 state. This map shows the location of the precipitation 15 BARNEY, UNGERMANN & ASSOCIATES, INC. (888) 326-5900 1 from dry deposition monitoring stations that were 2 operated in the board's Acid Deposition Program. At 3 present, only six precipitation sites are still in 4 operation. 5 We credit the operation of the California Acid 6 Deposition Monitoring Program to many staff from the 7 Monitoring Laboratory Division and from the Planning and 8 Technical Support Division who collected the samples, 9 quality assured the data and implemented the initial 10 data management system. 11 At its peak, the California Acid Deposition 12 Monitoring Program consisted of 35 precipitation or rain 13 monitoring stations, some of which were co-located with 14 one of ten dry deposition monitoring stations. 15 As snow, rather than rain, is the major source 16 of precipitation to high elevation sites in the Sierra 17 Nevada, the Air Resources Board sponsored an Alpine Wet 18 Deposition Monitoring method to look at acid inputs from 19 snow and rain. 20 This slide shows researchers collecting the 21 snow core that was subjected to chemical analysis to 22 determine concentrations of selected nutrient inputs and 23 acid levels. For a five-year period, Dr. John Melack 24 and colleagues from the University of California Santa 25 Barbara operated the network of Alpine wet sites in the 16 BARNEY, UNGERMANN & ASSOCIATES, INC. (888) 326-5900 1 Sierra Nevada. 2 The major results from the monitoring program 3 confirmed what we initially thought relative to the acid 4 deposition problem in California. Compared to the 5 eastern United States, where sulfur deposition from rain 6 was postulated to be the factor causing chronic lake 7 acidification, wet sulfur deposition in California was 8 about 10 to 20 percent of that in the East on an annual 9 basis. 10 In contrast, rates of nitrogen-derived acid 11 deposition or nitrogen deposition, were two to three 12 times higher in California than in the eastern United 13 States. 14 In rural sites in California, both wet and dry 15 deposition are an important sources of nitrogen, but in 16 urban sites, dry deposition of nitric acid vapor is the 17 predominant source of nitrogen pollution. 18 Overall, total loadings of airborne acidity are 19 higher in the eastern United States than in California 20 where the principal source of acidity is rain containing 21 high levels of sulfur-derived acids. 22 This slide shows air quality data from the Los 23 Angeles Basin in which three year average concentrations 24 of nitrogen oxides, sulfur dioxides, particulate 25 nitrates and particulate sulfate all exhibit declining