State of California

Summary of Board Meeting
October 24, 1996

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

MEMBERS PRESENT:  Hons. John D. Dunlap, III, Chairman
                                                 Eugene A. Boston, M.D.
                                                 Joseph C. Calhoun, P.E.
                                                 Lynne T. Edgerton, Esq.
                                                 M. Patricia Hilligoss
                                                 Jack C. Parnell
                                                 Barbara Riordan
                                                 Ron Roberts
                                                 James W. Silva
                                                 Doug Vagim



Public Meeting to Consider a Status Report on Stakeholder Forums


Continuing California's tradition of air quality leadership, the Air Resources Board (ARB), the California Air Pollution Control Officers' Association (CAPCOA), and a number of California local air districts jointly held a series of internal and external air quality visioning forums around the state, from April to August. The forums were designed to provide an opportunity for air quality stakeholders to express how they believe California can best prepare itself for the challenges it will confront in the year 2001 and beyond. Such forums are a strategic planning tool used increasingly by the public, as well as private sector institutions.

The forums were carefully structured and facilitated to encourage participation and foster open dialogue. They brought together a diverse group of individuals with a shared interest in California's commitment to achieving and maintaining healthful air quality. Participants included environmentalists, business and government managers, educators, legislative staff, and air quality professionals. Working in small breakout groups, they developed their vision of the optimal air quality management system needed for California in the year 2001 and beyond, to successfully meet California's air quality challenges.

ARB's Ombudsman, Jim Schoning, presented preliminary results of the stakeholder forums as well as results gathered from a follow-up stakeholder survey.

The top five priority items from the stakeholders were:

     o Carry forward a clear and strong science-based air program.

     o Reduce regulatory complexity and cost.

     o Strengthen our public information/awareness programs.

     o Continue involvement of stakeholders in air programs, and

     o Pursue proportionate emission reductions.

Stakeholders indicated that:

     o Improved air quality is a worthwhile goal -- Californians want and expect
        healthful air quality.

     o Air quality improvements to date are impressive -- however, there is a need
        to do a better job of communicating this information.

     o The stakeholder visioning process is valuable -- there is a desire for further

        One hoped for outcome of this process would be an ongoing collaborative
        process among stakeholders and air quality managers.

     o Stakeholders desire tangible follow-up -- they want to see the ideas they
        presented acted upon so that the system is improved, from the standpoint
        of both program and process.

     o The future holds numerous opportunities for partnerships: research, rule
        development, public outreach, permit streamlining, and compliance and
        business assistance are all areas that would lend themselves to joint efforts
        to continue and improve upon California's successes in the air quality
        management system.

        The Ombudsman reported that ARB and CAPCOA are now proceeding
        with a second series of workshops, to report to stakeholders the results
        of the statewide forums, and to actively explore the next steps that managers
        and stakeholders can take together to continue to improve the air quality


Daniel Phelan                                                   BALIA

Michael Murray                                               Southern California Gas

Paul Knepprath                                               American Lung Association of




96-8-2 Public Meeting to Consider a Report on the Legislative Session and Air Quality Legislation


Chris Reynolds, Legislative Director, provided an overview of the activities of the Office of Legislative and Intergovernmental Affairs. Mr. Reynolds provided basic information about the personnel in the office, the legislative process, the intergovernmental affairs effort, and the need to perform these functions.



RESPONSIBLE DIVISION:  Legislative and Intergovernmental Affairs


96-8-3 Public Hearing to Consider Amending the Test Methods Designated to Measure the Concentrations of Total Aromatic Hydrocarbons, Polynuclear Aromatic Hydrocarbons, Nitrogen and Sulfur Contents in, and Distillation of, California Commercial and Certification Diesel Fuels


The staff recommended that ARB amend its designation of the test methods used to measure the concentrations of total aromatic hydrocarbons (TAHC), polynuclear aromatic hydrocarbons (PNA), nitrogen and sulfur contents in commercial and certification diesel fuels, as well as amend the distillation temperature test procedure. The updated test methods will be used to determine if motor vehicle diesel fuel complies with ARB's requirements for California commercial and certification diesel fuels. The commercial diesel fuel regulations were adopted in November 1988 and became effective on October 1, 1993.

The specific recommendations were as follows:

1.  Replace ASTM D1319-84 with ASTM D5186-96 for the determination of
     total aromatic hydrocarbons.

2.  Replace ASTM D2425-83 with ASTM D5186-96 for the determination of
     polynuclear aromatic hydrocarbons.

3.  Replace ASTM D4629-86 with ASTM D4629-96 for the determination of

4.  Replace ASTM D2622-82 with ASTM D2622-94 for the determination of

5.  Replace ASTM D86-82 with ASTM D86-96 for the distillation procedure.

ARB staff, along with the Western States Petroleum Association and the American Society of Testing and Materials (ASTM), participated in interlaboratory studies investigating the precision of test methods for measuring the TAHC, PNA and sulfur contents of motor vehicle diesel fuels. Staff held three public workshops which were attended by members of the oil industry, instrument manufacturers, and other interested parties. Staff also informed the public of the inclusion of the certification fuel test method changes and the addition of the distillation test method update, through an ARB mail-out. Through these efforts, new and improved test methods were identified.

Staff's final proposal to the Board included two additional updates to the recommendations, as listed in the Notice of Public Hearing mailed on September 6, 1996. Staff's initial proposal of ASTM D5186-9x and D4629-91 was replaced with ASTM D5186-96 and D4629-96, respectively, for the determinations of aromatic hydrocarbon and nitrogen contents.

The adopted changes in the test methods will not result in any air quality impacts, since the diesel standards remain the same. However, there is an improvement in the precision of the proposed test method for TAHC. There are no adverse non-air quality environmental impacts and a minimal impact on California businesses and consumers, with no change in employment. The adopted test methods will result in some cost savings to industry by combining the analysis of TAHC and PNAs into one analytical procedure and instrument.


Aeron Arlin                                     Western States Petroleum Association


Approved Resolution 96-54 by a unanimous vote.


STAFF REPORT:  Yes (42 pages)

96-8-4 Public Meeting to Consider Creation of a Committee of the Board to Review the Decision of the Executive Officer to Order the Recall of Motor Vehicles and To Appoint the Members of the Committee


On August 15, 1996 the Executive Officer issued a Recall Order (rev) for certain 1992 model year light-duty trucks manufactured by General Motors. On October 2, 1996 GM submitted a petition for an adjudicatory hearing to review the decision of the Executive Officer. The Executive Officer filed a response to the GM petition October 23, 1996.

Under the Board's Adjudicatory Hearing Regulations (sections 60040 et seq., title 17, Cal. Code Regs), the recall hearing may be conducted by the full Board, by a committee of two of more Board members, or by an administrative law judge (ALJ) from the Office of Administrative Hearings (OAH). If the hearing is conducted by the full Board or a committee of the Board, the hearing panel may request that an ALJ be appointed to assist in conducting the hearing, and to advise the panel on the admission and exclusion of evidence and on matters of law. The Chairman may act as presiding officer for the hearing or may designate another member of the Board or the ALJ to serve as the presiding officer.

The Board approved a staff recommendation to create a three-member committee of the Board to serve as the hearing panel for the GM recall, and to request the appointment of an ALJ to assist the panel, as provided in the regulations. The Board also approved the staff's recommendation to establish an interim committee selection procedure as follows: The Chairman will serve as interim presiding officer for this proceeding. As interim presiding officer, the Chairman will initiate the request for an ALJ from OAH. Pending appointment of the ALJ, a member of the ARB Office of Legal Affairs, who has not and will not represent staff in this matter, will serve as advisor to the interim presiding officer. The interim presiding officer will conduct a prehearing conference with the parties and take appropriate action to establish the process for selecting the committGee members and defining the respective roles of the committee and the ALJ. Thereafter, the interim presiding officer will select the committee members and designate a member of the committee or ALJ to serve as presiding officer.


Timothy C. McCann                             GM