State of California

Summary of Board Meeting
October 22, 1998

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

MEMBERS PRESENT: Hons. John D. Dunlap, III, Chairman
Mark DeSaulnier
Lynne T. Edgerton, Esq.
William F. Friedman, M.D.
Jack C. Parnell
Barbara Patrick
Sally Rakow
Barbara Riordan


98-11-1 Public Hearing to Consider Amendments to the Air Toxics Hot Spots Fee Regulation for Fiscal Year 1998-99


The Air Toxics Hot Spots Information and Assessment Act of 1987 requires the ARB to adopt a fee regulation to ensure that costs incurred to implement and administer the Air Toxics Hot Spots Program are recovered by assessing fees on facilities subject to the requirements of the Act. The fees assessed through this regulation will be used to inventory air toxics emissions, prioritize facilities, prepare risk assessments, review risk assessments, notify the public of potential health risks from exposure to the emissions, and provide guidance to the facilities for reducing the risk from exposure to the emissions. The Regulation specifically allocates the State's costs among the air districts, and it establishes facility fees for the six air districts that have requested the ARB to adopt their facility fee schedules.

For Fiscal Year 1998-99, the staff proposed using the same method for distributing the State's cost among districts and for calculating fees as used in Fiscal Years 1996-97 and 1997-98. Based on this method, facilities' fees for Fiscal Year 1998-99 are based on health risk as determined by risk assessment results or prioritization scores.

The proposed amendments will: reduce the state costs to implement the Program for Fiscal Year 1998-99 to $1.27 million; freeze the fee large facilities are assessed at the same levels as Fiscal Year 1997-98; increase the State fee assessed for industry-wide facilities from $25 to $35; revise Appendix A of the Fee Regulation, and adopt fee schedules for six districts.

This regulation impacts approximately 14,000 facilities, 2,000 less facilities than were affected by the previous fiscal year's Fee Regulation.

The Board approved the proposed amendments. The Board also directed staff to organize a working group to develop statutory language that will change the Air Toxics "Hot Spots" Program's funding mechanism.


Christopher Walker Legislative Advocate representing the California Service Station and Automotive Repair Association


Approved resolution 98-50 by a vote of 8-0.


STAFF REPORT: Yes (158 pages)

98-11-2 Public Meeting to Consider the Approval of California's Off-Road Large Spark-Ignited Engine Emissions Inventory


The staff proposed modifications to the emissions and activity factors which form the basis for the emissions inventory estimates for non diesel, off-road vehicles and equipment which utilize engines which are greater than or equal to twenty-five horsepower.

Modifications proposed by staff lowered the emissions inventory for this class from 114 tons per day of hydrocarbons plus oxides of nitrogen statewide in 1990, to 78 tons per day. Staff believes that this change in methodology reflects the state of the science and results in the most accurate estimate available.


Ev Ashworth Air Transportation Association


Approved the Modifications to the inventory by unanimous vote.


STAFF REPORT: Yes (68 pages)

98-11-3 Public Hearing to Consider Adoption of Emission Standards and Test Procedures for New 2001 and Later Off-Road Large Spark-Ignition Engines


Staff proposed the adoption of emission standards and test procedures for new 2001 and later off-road large spark-ignition engines (LSI). The new regulations include: separate emission standards for small (less than or equal to 1.0 L) and large (greater than 1.0 L) LSI engines, a new-engine certification program, an in-use compliance testing program for the large LSI, a three year phase-in period (Tier 1) for large LSI to provide manufacturers with added flexibility in achieving the new standards, and special provisions for small-volume manufacturers, including exclusion from the Tier 1 emission requirements.

Staff proposed additional changes to the original staff report at the hearing. The most notable changes were: a) the regulations and test procedures for the small LSI were modified to be identical to those for the small off-road engines less than 25 horsepower beginning in 2002 with a useful life period of 1000 hours, and b) the definition for all-terrain vehicle (ATV) contained in the Off-Highway Recreational Vehicle (OHRV) regulation was modified to include ATV's over 275 kg, thus these ATV's are subject to the requirements contained in the OHRV regulation. The Board approved those changes, and as a result of witness testimony, directed staff to conduct technology reviews in both 2000 (to review the Tier 1 standards) and 2002 (to review the Tier 2 standards).


Bruce Bertelsen Manufacturers of Emissions Controls Association

Jed Mandel Engine Manufacturers Association

Christopher Wright Arctic Cat, Incorporated

Mort Smith Polaris

Bill Guerry Outdoor Power Equipment Institute

Gary Cross Industrial Truck Association

Brad Garner IMPCO Technologies, Incorporated


Resolution 98-51 was approved by a unanimous voice vote of the members present. Member Edgerton was absent at the time of the vote.


STAFF REPORT: Yes (58 pages plus attachments)

98-11-4 Public Hearing to Consider Approval of a Revision to the California State Implementation Plan for Carbon Monoxide


At a public hearing conducted on August 27, 1998, the Board approved amendments to section 2262.5 in Title 13 of the California Code of Regulations. This action removed the state requirement for oxygen in gasoline for several areas of the state which attain the ambient CO standard. The purpose of this meeting was to consider a revision to the (Continued) maintenance demonstration which removes the effects of the wintertime oxygenate requirement in gasoline. The revised maintenance demonstration continues to show emission levels below the 1995 attainment year cap.

The current State Implementation Plan for Carbon Monoxide was approved by the Board on April 26, 1998. This plan was approved by U.S. EPA on March 31, 1998, became effective on June 1, 1998, and covers 10 federal planning areas. The ten federal planning areas are: Bakersfield Metropolitan Area, Fresno Urbanized Area, Lake Tahoe South Shore Area, Sacramento Area, San Francisco-Oakland-San Jose Area, Chico Urbanized Area, Lake Tahoe North Shore Area, Modesto Urbanized Area, San Diego Area and the Stockton Urbanized Area. This plan contains a maintenance demonstration which incorporates the effects of wintertime oxygenated gasoline, and several contingency measures that are being or will be implemented. Staff is proposing to revise the maintenance demonstration to remove the effects of the wintertime oxygenate requirement. No changes are being proposed to the contingency measures.



Continued the Agenda Item to the November 19, 1998 Board Hearing in order to comply with the federal notice requirements.


STAFF REPORT: Yes (7 pages)