State of California
AIR RESOURCES BOARD
Junipero Serra State Bldg.
107 South Broadway, Room 1138
Los Angeles, CA
December 18, 1973
9:30 a.m.
AGENDA
73-27-1 Approval of Minutes of November 13, 1973 Meeting.
73-27-2 Public Hearing - Revision 4 of the State Implementation
Plan for Achieving and Maintaining National Ambient Air
Quality Standards.
73-27-3 Consideration of State Implementation Plan Revision to
Provide Complex Source Review Procedures.
73-27-4 Consideration of Applications for the Extension of
Open-Burning at Disposal Sites.
73-27-5 Staff Report - Lead Additives in Gasoline.
73-27-6 Staff Report - Local Permit System Regulations that
Consider Ambient Air Quality.
73-27-7 Staff Report - Variances Issued by Local Air Pollution
Control Districts for Longer than One Year.
73-27-8 Staff Report - Variance Procedure for Burning Fuel
Which Does Not Meet Sulfur Rules.
73-27-9 Staff Report - Delegation of Authority from EPA for New
Sources and Hazardous Pollutant Control.
73-27-10 Other Business -
a. Lake County Request for Exemption from EPA
Regulations.
b. Notice of Public Hearing on Compliance Schedules.
c. Meeting Dates for 1974.
73-27-11 Remarks from Audience - End of Morning and Afternoon
Session.
ITEM NO.: 73-27-2
Consideration of a State Implementation Plan Revision for the
South Coast Air Basin.
RECOMMENDATION
Delete from the proposal, all reference to an NOx retrofit
program for 1965-72 heavy-duty, gasoline-powered vehicles, and
adopt the proposal as a revision to the State Implementation
Plan.
SUMMARY
The staff has prepared a proposed revision to the State
Implementation Plan for consideration at a public hearing to be
held during the December 18, 1973 Board meeting.
This proposed revision includes a revised control strategy for
the South Coast Air Basin and some changes to the State General
Plan.
The attached staff report discusses the roles of CALTRANS and the
ARB in relation to transportation control measures. The report
also presents some implications of the NOx retrofit program for
heavy-duty vehicles and the catalytic converter retrofit program
that are discussed in the proposed revision.
ATTACHMENT: Proposed Revision.
Memo on Agency Responsibilities Regarding Traffic
Control.
Summary of federal, state, and local control
strategies.
Hearing Notice.
ITEM NO.: 73-27-3
Consideration of State Implementation Plan Revision to Provide
for Indirect (Complex) Source Review Procedures.
RECOMMENDATION
Defer decision until January Board meeting. This will provide
time to receive additional testimony on the proposal as revised
and to consider plan expected to be promulgated by EPA in late
December.
SUMMARY
The Board held a public hearing on November 13, 1973 to consider
amendments to the State Implementation Plan to provide for the
review and regulation of indirect sources of air pollution.
Action on the proposed amendments was deferred until December 18,
1973 so the proposal could be revised to reflect the testimony
received by the Board and by EPA on its proposal to regulate
indirect sources, and so that local authorities could have more
time to develop necessary rules.
ATTACHMENTS: ARB Proposal, Revised December 18, 1973.
Summary of testimony presented to ARB - By
category.
Summary of testimony presented to ARB - By
individuals.
ITEM NO.: 73-27-4
Consideration of Applications for the Extensions of Open Burning
at Disposal Sites.
RECOMMENDATIONS
1. Adopt Resolution 73-56, which will grant additional time
extension for open burning at 74 dump sites. Forty-three of
the 74 dump sites will be granted extensions as requested;
31 will be granted extensions less than requested. In no
case, the additional extension will be longer than one year.
2. Adopt Resolution 73-57, which will deny the request for time
extension for 3 dump sites in Siskiyou County.
SUMMARY
1. On January 1, 1974, time extensions for open burning at 159
dump sites will terminate.
2. Requests for additional time extensions for open burning at
77 of the 159 dump sites have been received and processed.
The 77 sites are in sparsely, or extremely sparsely
populated areas. Seventy-four meet the Board criteria for
additional time extension.
3. The U.S. Forest Service (USFS) and the Bureau of Land
Management (BLM) have requested that the Board not grant any
time extensions that would extend past July 1, 1974, for
open burning at dump sites located on their land. Of the 77
sites, 23 are located on USFS land and 10 are located on BLM
land.
4. The staff received petitions protesting further time
extensions for open burning at the Jamestown and City of
Sonora dump sites in Tuolumne County. Six-month extensions
were requested for these two dumps. Because there are no
good alternatives for the residents in the Jamestown and
Sonora area, the staff recommends 2-month extensions. This
extension can be renewed by the Executive Officer.
5. Residents who use 3 sites in Siskiyou County have suitable
alternate methods for disposal of their solid waste. The
staff recommends no further extension be granted to these
sites.
6. Attached is a staff report which discusses the requests and
reasons for the staff recommendations. Also attached are
informational materials which are related to the actions
being considered.
ITEM NO.: 73-27-5
The Status of Regulations on Lead in Gasoline.
RECOMMENDATION
This is an informational report.
SUMMARY
1. The Federal environmental Protection Agency (EPA) has
adopted and revised its program for phasing out lead
additives in gasoline.
2. The federal program should reduce lead emissions from
vehicles in California by about 94 percent by 1979.
3. According to a newspaper report, the federal program for
phasing out lead gasoline additives is expected to have
little impact on the energy shortage.
4. The California ambient air quality standard for lead was
exceeded at a number of locations during 1972.
ITEM NO.: 73-27-6
Local Permit system Rules that Consider Ambient Air Quality.
RECOMMENDATION
The Board direct the staff to develop, if necessary,
modifications to appropriate air basin coordinating councils' (or
districts') air pollution control plans to include a permit
system rule that considers ambient air quality.
SUMMARY
1. On August 3, 1973, the Board requested those air basin
coordinating councils whose air pollution control plans did
not require that ambient air quality standards be a criteria
for granting authority to construct, to consider amending
their coordinated basinwide plans to include such a
requirement.
2. The request was not made to the Bay Area Air Pollution
Control District, nor to the South Coast, North Central
Coast, and south Central Coast Air Basin Coordinating
Councils, because of the air pollution control districts in
these air basins already had the necessary rules.
3. Of those coordinating councils to whom the request was made,
only the Great Basin Valleys Air Basin has responded by
revising its air pollution control plan.
4. According to Section 39276, all coordinating councils and
basinwide districts were to file their revised basinwide air
pollution control plans in response to the Board's request,
within 60 days. If these local authorities do not revise
their plans in accordance with the Board request, the Board
may hold a public hearing to consider necessary
modifications.
5. Attached is a table which summarizes the actions of those
APCDs that have adopted a permit system rule which considers
ambient air quality standards. A copy of Section 39276 of
the Health and Safety Code is also attached.
ITEM NO.: 73-27-7
Report on variances issued or extended by local air pollution
control districts for longer than one year (July 1, 1972 and June
30, 1973).
RECOMMENDATION
Four variances (listed in Table II) should be investigated
further to determine if the lengths of the variances are
justifiable. If the Board concurs, the staff will proceed with
the investigation, and determine if Board action pursuant to
Section 39054.2 of the Health and Safety Code is necessary.
BACKGROUND
1. Section 24303 and 24365.12 of the California Health and
Safety Code requires all air pollution control districts to
submit annual reports, prior to September 30, on all
variances issued or extended for a period exceeding one
year.
2. Section 39054.2 provides that the Air Resources Board may
revoke any variance granted by a county or regional
district, if, in its judgement, the increase in air
contaminants in the district out-weighs the economic loss
that may result from the revocation of the variance.
3. Fifteen districts have reported variances that have been
extended so that the total period exceeds one year.
Thirty-five districts reported that they have issued no such
variances.
ITEM NO.: 73-27-8
Variance Procedure for Burning Fuel Which Does Not Meet Sulfur
Rules.
RECOMMENDATION
This is an informational report.
DISCUSSION
1. The burning of residual fuel oil is predicted to increase
four-fold in the years 1972 to 1976 if past trends continue.
This is primarily caused by the shortage of natural gas and
the resulting switch from natural gas to fuel oil, but is
also caused by the increasing demand for energy.
2. The predicted demand for low sulfur fuel oil cannot be met
by California refineries and, therefore, imports will be
required.
3. The shortage of low sulfur fuel oil has already resulted in
applications to the districts for variances to burn high
sulfur oil.
4. The increased burning of fuel oil will result in increased
emissions of sulfur dioxide and oxides of nitrogen. A
corresponding increase in ambient concentrations of sulfur
dioxide and oxides of nitrogen would follow.
5. Variances for burning high sulfur fuel oil can be issued by
local APCDs under present procedures. EPA wants to continue
its procedure whereby it approves variances because
variances are regarded by EPA as modifications to the State
Implementation Plan. EPA involvement could delay the
obtaining of variances by fuel users.
6. Two proposed amendments to the Federal Clean Air Act would
allow EPA to grant to fuel burning stationary sources
temporary suspension of emission limitations, compliance
schedules, and "any requirement under the act", and would
require review of implementation plans in the light of the
fuel shortage.
7. The Subcommittee on State Energy Policy of the California
Legislature is holding hearings on the fuel shortage. At
the Subcommittee's request, the staff testified on December
12, 1973 about the matters contained in this report.
ITEM NO.: 73-27-9
Delegation of Authority from EPA for New Source and Hazardous
Pollutant Control.
RECOMMENDATION
Advise each APCD that delegations of authority is not required if
district standards are as stringent as or more stringent than
those promulgated by EPA.
SUMMARY
At the October 16, 1973 Board meeting, the staff presented a
report on the responses received from the APCDs regarding their
interest in enforcing the federal new source and hazardous
pollutant emission standards. The Board asked the staff to seek
clarification from EPA on whether delegation of enforcement
authority for NSPS and NESHAPA could be delegated on a
district-by-district basis. In subsequent communications with
EPA, the staff was informed that enforcement authority could be delegated
on a district-by-district basis (rather than to the entire
State), and that a request for delegation of authority would not
be required if district regulations are as stringent as or more
stringent than those promulgated by EPA. Attached for the
Board's information is a Comparison of EPA New Source Performance
Standards with Selected California APCD rules.
ITEM NO.: 73-27-10(a)
Lake County Air Basin Request for Exemption From Requirements
Pertaining to the Review and Regulation of Indirect Sources.
RECOMMENDATION
Inform the Lake County Air Pollution Control District that the
Air Resources Board has no authority to exempt any areas from EPA
regulations.
SUMMARY
The Lake County Board of Supervisors adopted a resolution
(attached) which requests the Air Resources Board to exempt the
Lake County air Basin from EPA's requirements pertaining to the
review of indirect sources. It is not legally possible for the
Board to exempt a district from EPA regulations. Moreover, the
proposed indirect source control program would apply statewide;
there is no basis for exempting Lake County APCD from such a
program.
ATTACHMENT: Lake County Resolution