State of California
AIR RESOURCES BOARD
Resources Building
Auditorium - First Floor
1416 Ninth Street
Sacramento, CA
May 4, 1981
10:00 a.m.
AGENDA
Page
81-8-1 Public Meeting to Receive Testimony on the 001
Proposed Change in Nonattainment Area Lead
Agency Designation for the California Portion
of the Lake Tahoe Basin.
81-8-2 Revision to Guidelines for Offset of Emissions
of Particulate Matter in Kern County.
81-8-3 Public Hearing to Consider Proposed Revisions 026
to Source Testing Fees and Requirements Specified
in Article 2, Subchapter 5, Chapter 1, Part III,
Title 17, of the California Administrative Code.
81-8-4 Other Business
a. Executive Session
Personnel
Litigation
b. Research Proposals
c. Delegations to Executive Officer
ITEM NO.: 81-8-1
Public Meeting to Receive Testimony on the Proposed Change in
Nonattainment Area Lead Agency Designation for the California
Portion of the Lake Tahoe Basin.
SUMMARY
This is a public meeting for the Board to hear testimony on
requests from the City of South Lake Tahoe, El Dorado County,
Placer County and the Tahoe Regional Planning Agency (TRPA) to
designate the TRPA as the local lead agency for future
nonattainment plan development and coordination. The Air
Resources Board currently has this responsibility.
Federal regulations contained in 40 CFR 351.240(f) require the
ARB to consider such requests, and upon finding that the reasons
for the change are compelling, to circulate a notice of proposed
change for a 30 day public review period prior to the
modification becoming effective.
The 30 day public notification period began on April 13, 1981
with a notice of proposed change containing the reasons for and
affects of the change in nonattainment area lead agency
designation, published in the Tahoe Daily Tribune and The
Sacramento Union. The notice was also mailed to EPA Region IX,
interested persons, affected government agencies and appropriate
legislators. Comments received at this meeting and any comments
received by mail postmarked no later than May 12, 1981, will be
considered by May 17, 1981.
After consideration of the requests of the local agencies, ARB
staff issued the notice of proposed change which recommends
designating the TRPA as local lead agency for the California
portion of the Lake Tahoe Basin. Unless written or oral
testimony received during the review period persuades the ARB
otherwise, the TRPA will be the local lead agency for both the
Nevada and California portions of the Lake Tahoe Basin. The
Board itself will provide input into the redesignation decision
based upon information presented at the public meeting.
The Board may hear testimony concerning the roles and activities
of various Lake Tahoe entities in performing their air quality
related responsibilities. If after consideration of all oral and
written comments and the views of the Board members as expressed
at the public meeting, the ARB is still included to modify the
existing lead agency structure in the California portion of the
Lake Tahoe Basin, the new lead agency designation would take
effect May 17, 1981. In the event that developments occur during
the public review process which would discourage the ARB from
making the redesignation, the ARB will so notify the EPA and the
interested governmental agencies prior to May 17, 1981.
ITEM NO.: 81-8-3
Proposed Revisions to Source Testing Fees and Requirements
Specified in Article 2, Subchapter 5, Chapter 1, Part III, Title
17 of the California Administrative Code.
SUMMARY AND STATEMENT OF REASONS FOR PROPOSED RULEMAKING
BACKGROUND
Section 41512 of the Health and Safety Code grants the Air
Resources Board (ARB or the Board) and local air pollution
control districts the authority to adopt by regulation fees to
cover the cost of securing samples of air pollution emissions as
authorized by Section 41510 of the Health and Safety Code.
In 1978, the Board adopted Article 2 (Sections 91200 through
91206), Subchapter 5, Chapter 1, Part III of Title 17, California
Administrative Code (hereafter referred to as Article 2), which
implements Section 41512 of the Health and Safety Code.
Primarily, these provisions specified fees and procedures for
charging of fees under Section 41512. Article 2 contains no
provision for compliance testing by an independent testing
service.
In 1980, the Legislature enacted Assembly Bill 3067 (Statutes
1980, Chapter 1283), which became effective January 1, 1981.
This bill limits the scope of Section 41512 to authorize fees
only for testing conducted for the purpose of determining
compliance with permit conditions or with any State or local law,
regulation, or order relating to air pollution. Additionally,
the bill adds a provision to Section 41512 which requires the ARB
to adopt, by April 1, 1981, procedures by which an operator may
request that sampling for compliance be conducted by an
independent testing service, and authorizes the Board to deny
such a request for good cause.
The amendments and new regulations the Board is considering may
be separated into two groupings. First, in response to Assembly
Bill 3067, ARB staff is proposing amendments to the current
sections in Article 2 to bring the provisions into conformance
with the limitation of fees to compliance testing only. Staff is
also proposing several additional changes to the existing
regulations to update and clarify them. Second, the Board will
consider adopting new sections in Article 2 (Sections 91206
through 91220) to implement, interpret, and make specific the
provisions in Assembly Bill 3067 regarding requests for
compliance testing by an independent testing service.