State of California

Summary of Board Meeting
October 26, 2000

County Administration Building
Board Hearing Room, Fourth Floor
105 East Anapamu Street
Santa Barbara, California

MEMBERS PRESENT: Hons. Alan C. Lloyd, Ph.D., Chairman
    Dr. William A. Burke
    Joseph C. Calhoun, P.E.
    Doreen D'Adamo
    C. Hugh Friedman
    William F. Friedman
    Matthew R. McKinnon
    Barbara Patrick
    Barbara Riordan

00-10-1 Public Meeting to Present the Final Assessment of the Air Resources Board's Atmospheric Acidity Protection Program


The draft final assessment outlines the findings of the Board's Atmospheric Acidity Protection Program. The main findings are (1) an association between nitrogen oxides, particulate matter, and nitric acid, and decreased rates of lung growth in children living in the most polluted cities, (2) soil nitrogen saturation in the San Bernardino Mountains, and potential impacts to forests in the San Gabriel Mountains and Southern Sierra Nevada in future decades, (3) a potential risk of nitrogen deposition in high-elevation lakes and streams in the Sierra Nevada, and (4) insufficient evidence to set an acidic air pollutant standard, as atmospheric acidity levels have declined in response to control measures adopted to reduce ambient ozone and particulate matter.


The Board approved Resolution No. 00-34 by a unanimous vote.


STAFF REPORT: Yes (30 pages)
00-10-2 Public Hearing to Consider Adoption of Proposed Amendments to the Regulation for Reducing Volatile Organic Compound Emissions from Antiperspirants and Deodorants


Staff proposed amendments to the California Antiperspirant and Deodorant Regulation which would reinstate the 40 percent high volatility organic compound (HVOC) limit, from the current zero percent HVOC limit, for aerosol antiperspirants. The revised limit would become effective January 1, 2001. Staff also proposed amendments that would streamline reporting by requiring that manufacturers would only need to supply certain data on sales and formulation upon receiving a 90 day written notice from the Air Resources Board (ARB or Board). Staff also proposed minor administrative changes to clarify the regulation.

Staff proposed amendment of the aerosol antiperspirant limit due to an unanticipated technological problem discovered during development of zero percent HVOC aerosol antiperspirants. Manufacturers discovered that a chemical reaction was occurring between the propellant HFC-152a, and the antiperspirant active ingredient, aluminum chlorohydrate. The chemical reaction leads to an unstable formulation and undesirable byproducts such as acetaldehyde, a chemical identified by the ARB as a toxic air contaminant. As a result of that problem the majority of the aerosol antiperspirant industry met the criteria for and received variances. These variances expire on January 1, 2001. Despite diligent research, and exploring all feasible means to comply, manufacturers have only been able to slow, but not eliminate the formation of acetaldehyde. Because no feasible solution has been found, staff believed amendments to the regulation were appropriate and necessary.

At the hearing, the Board adopted the staff's proposal without further modification. However, the Board did request that staff continue to monitor technological advances and report back in one year on the feasibility of achieving further emission reductions from aerosol antiperspirants.

One individual, representing the Cosmetic, Toiletry, and Fragrance Association, testified at the hearing. The individual expressed support for the proposal.


Tom Donegan Cosmetic, Toiletry and Fragrance Association


The Board adopted Resolution No. 00-35 by an 8 to 1 vote.


STAFF REPORT: Yes (48 pages)
00-10-3  Public Hearing to Consider the Adoption and Amendments to the Air Toxics Hot Spots Fee Regulation for Fiscal Year 2000-2001


The Air Toxics Hot Spots Information and Assessment Act of 1987 (the Act) requires the ARB to adopt a fee regulation to recover the costs incurred by the State to implement and administer the Air Toxics "Hot Spots" Program. The Air Toxics Hot Spots Fee Regulation for Fiscal Year 2000-2001 (Fee Regulation) recovers the State's Program costs by allocating portions of the State costs among the air pollution control and air quality management districts (districts). The Fee Regulation requires each district to collect fees from facilities subject to the requirements of the Act in order to recover the State's and district's Program costs and to provide to the ARB the district's share of the State's Program costs. The Fee Regulation sets forth fee schedules, containing per facility fees, for six districts that requested the ARB, by April 1, 2000, to include them in the Fee Regulation. The remaining 29 districts must adopt their own fee schedules.

The fees assessed through the Fee Regulation will be used to: provide assistance to districts, facility operators, and the general public in implementing the emission inventory requirements of the Program; collect air toxics emission inventory data and maintain an air toxics emissions database; review and approve health risk assessments; develop health risk assessment guidelines; develop risk reduction guidelines and provide assistance to districts and facilities; and provide assistance with public notification procedures.

For fiscal year 2000-2001, the staff used the same method for allocating the State's cost among districts as was used for fiscal year 1999-2000. That method allocates State costs to the air districts based on the health risk of facilities in the districts as determined by risk assessment results or prioritization scores. The staff proposed using the same fee amounts per fee category as last year.

The Fee Regulation continues to exempt low risk facilities, defined as those with health risk assessment results below 1.0 cancer case per million and hazard indices below 0.1 or a prioritization score of 10.0 or below, from paying the State portion of fees. Facilities with risks and scores above those thresholds would continue to pay fees according to a schedule that assigns higher fees to facilities having higher risks and levels of complexity.

The staff presented modifications to the proposal that have been made since the Staff Report was released. These modifications were made due to further clarification of data submitted by the local air districts. The Board adopted the staff's modified proposal. As a result, the Fee Regulation will recover $1,082,000 in State costs to implement the Program in fiscal year 2000-2001. Approximately forty percent of the budget supports ARB activities and sixty percent supports activities of the Office of Environmental Health Hazard Assessment. These modifications will be made available for a 15-day public comment period.

The amendments would exempt approximately 30 low risk facilities that paid fees last year. However, this represents an 88 percent reduction in the number of core facilities paying fees compared to fiscal year 1993-94.

The State Program costs of $1,082,000 represent an approximate 80 percent reduction since fiscal year 1993-94, the peak year of the Program. This overall reduction is due to streamlining of the Program over the past several years and completion of Program tasks by the ARB, OEHHA, and the districts.



The Board approved Resolution No. 00-36 by a unanimous vote.


STAFF REPORT: Yes (157 pages)
00-10-4 Public Meeting to Consider a Review of Air Quality Legislation for 2000


Legislative Office staff presented a review of air quality legislation from the 2000 legislative year. The presentation included a review of the $200 million dedicated to new programs and mandates that resulted from this legislation. Programs and mandates were described in terms of major policies or themes. The major themes discussed were: zero-emission vehicle incentives, incentives and grants to reduce diesel emissions, electricity generation, community health and strengthened air quality penalties.


Marc Chytilo Citizen


RESPONSIBLE DIVISION: Chair's Office - Legislative Office