CALIFORNIA AIR RESOURCES BOARD
Lincoln Plaza
Auditorium, First Floor
400 "P" Street
Sacramento, CA
May 9, 1991
9:30 a.m.
AGENDA
Page
91-4-1 Public Hearing to Consider the Adoption of 001
Regulations Establishing Procedures for
Administrative Hearings for Citations Issued
Under the Heavy-Duty Vehicle Roadside Smoke and
Tampering Inspection Program.
91-4-2 Public Meeting to Consider a Status Report on 047
Implementation of the South Coast Air Quality
Management Plan.
91-4-3 Public Meeting to Consider a Status Report on the 252
Implementation of the California Clean Air Act.
91-4-4 Public Meeting to Consider Guidance Reports on the 253
Transportation Performance Standards of the Calif-
ornia Clean Air Act, Employer-Based Trip Reduction
Measures, and High Occupancy Vehicle System Planning.
91-4-5 Consideration of a Research Proposal. 426
ITEM NO.: 91-4-1
Public Hearing to Consider the Adoption of Regulations
Establishing Procedures for Administrative Hearings for Citations
Issued Under the Heavy-Duty Vehicle Roadside Smoke and Tampering
Inspection Program.
RECOMMENDATION
Staff recommends that the Board adopt the proposed regulations
setting forth rules governing the conduct of administrative
hearings afforded to owners of heavy-duty vehicles cited for
excessive smoke emissions or emission control system tampering.
DISCUSSION
On November 8, 1990, the Board approved the adoption of
regulations to implement an intermittent roadside smoke and
tampering inspection program for heavy-duty vehicles. As
required by state law, the inspection program includes a test to
determine whether heavy-duty diesel vehicles have excessive smoke
emissions. The program also includes an emission control system
tampering inspection for heavy-duty (diesel and gasoline)
vehicles. The owner or operator of a vehicle which does not
comply with the program requirements is subject to citation by
the Board. The owner of a vehicle cited under this program must
immediately correct the deficiencies identified in the citation
and is subject to a maximum civil penalty of $1,500 per day the
vehicle is in violation (plus $300 payable to the Diesel Emission
Reduction Fund). The regulations approved by the Board November
8 provide for reduced penalties for non-repeat violators where
the owner has repairs completed expeditiously, as authorized by
statute. If the owner of a cited vehicle fails to have the
vehicle repaired or to pay the assessed civil penalty on a timely
basis, the vehicle may be removed from service by the California
Highway Patrol upon the request of ARB.
Due to concerns about the implementation of the penalty
provisions of SB 1997 and the need to provide a hearing prior to
imposition of penalties, Senate Bill 1874 (Stats. 1990, c. 1433)
was enacted last year. SB 1874 provides that vehicle owners
shall be afforded an opportunity for an administrative hearing
prior to enforcement of the citation, including exercise of the
"removal from service" option. The proposed regulations
implement SB 1874 by specifying the procedures ("rules")
governing the conduct of such administrative hearings.
The proposed rules provide for hearings upon the request of the
owner of the cited vehicle, and specify notice and pleading
requirements. The rules also provide for discovery and process
that affords both parties (the staff of the state board and the
owner) the opportunity to obtain evidence, documents and
witnesses for the hearing. The rules include provisions for the
resolution of issues or the entire proceeding without hearing
upon agreement of the parties or upon notices motion in
appropriate cases.
Administrative hearings will be conducted by a hearing officer:
an independent, in-house administrative law judge appointed by
the Board, who will have broad authority to take those actions
necessary for a full and fair adjudication of a contested
citation. The vehicle owner will have a opportunity to present
his or her response to the citation and to confront and
cross-examine witnesses.
One the matter is submitted, the hearing officer is required to
render a written decision based on the record with a statement of
supporting findings. The decision of the hearing officer is the
final decision unless reconsideration is ordered by the Executive
Officer, on his own motion or at the request of either party.
Pursuant to section 44011.6(I) of the Health and Safety Code, if
an owner does not request a hearing within thirty days, the
citation issued by ARB staff is final and not subject to review
by any court or agency. If the owner requests a hearing, the
decision rendered pursuant to the proposed rules is final and not
subject to review by any court or agency unless the owner seeks
judicial review within sixty days of the mailing of the
administrative hearing decision.
Following the conclusion of any administrative hearing
proceeding, the Board may request the California Highway Patrol
to remove a vehicle from service if the owner fails to correct
the deficiencies noted in the citation or to pay any civil
penalty on a timely basis. Release of a vehicle removed from
service is conditioned upon the payment of any penalty and
storage costs and immediate repair of the vehicle.
ITEM NO.: 91-4-2
Semi-Annual Report on the South Coast Plan.
DISCUSSION
The South Coast Air Quality Management District and the Southern
California Association of Governments (SCAG) will be reporting on
the progress made to date on implementing their 1989 Air Quality
Management Plan.
Upon approval of the plan in August 1989 the Board Requested the
District and SCAG to report, every six months, on progress made
in obtaining legally enforceable commitments from local
government, in developing rules and regulations, and in assessing
the socio-economic impacts of such rules and regulations
(Resolution 89-66, eighth resolve). The first progress report
was presented to the Board in April 1990; the second in October
1990.
This third progress report was delayed so that the District could
combine its portion of the report with another mandated by Senate
Bill 1928, Presley (enacted last year).
On the whole, progress has been quite good. However, local
government commitments and implementation have not kept pace with
the 1989 Plan's expectations. In addition, though the District
has developed an advanced socio-economic model, large industries
continue to be concerned over the pace and scope of District
rulemaking. These issues are being addressed in the 1991
amendment to the Plan - due to the Board for review and approval
this upcoming July.
RECOMMENDATION
That the Board receive and file the progress report. Staff is
also recommending that, in the future, annual rather than
semi-annual reports be requested of SCAG and the District
(consistent with the California Clean Air Act). The anniversary date for
such progress reports would be one year from this Board's
approval of the 1991 Plan, and every 12 months thereafter.
ITEM NO.: 91-4-3
Status Report on the Implementation of the California Clean Air
Act.
DISCUSSION
This year is the first critical test of districts' compliance
with the California Clean Air Act. On June 30, 1991, plans are
due to the Board from every district that violates the state
standard for ozone, carbon monoxide, nitrogen dioxide or sulfur
dioxide. The purpose of this status report is three-fold:
1) To describe the status of district plans.
Twenty-three (23) districts are subject to planning
requirements. Several districts have completed draft plans
and are well on their way to local adoption on or near the
June 30 deadline. However, some have indicated that their
plans will be submitted long after the statutory deadline,
and a few districts may fail to submit the required plan
altogether. Staff will discuss local plan development
efforts and the steps being taken to increase districts'
chance of success.
2) To alert the Board to issues that may be raised during the
ARB plan review process.
Plans are controversial because they occasion a new round of
regulatory activity. Staff will identify issues that have
been raised thus far during the plan development phase, and
attempt to forecast additional issues that may emerge as the
plans near completion.
3) To review the statutory requirements pertaining to ARB plan
approval/disapproval.
The California Clean Air Act is explicit as to ARB's
responsibilities for ensuring district compliance. The Act
also dictates a particular hearing process which is
different than the Board's usual proceedings. Staff will go
over these requirements to prepare the Board for the year
ahead.
ITEM NO.: 91-4-4
Consideration of Guidance Reports on the Transportation
Performance Standards of the California Clean Air Act,
Employer-Based Trip Reduction Measures, and High Occupancy
Vehicle System
Planning.
RECOMMENDATION
That the Board adopt Resolution #91-28 in support of the approach
and policies presented in these three guidance documents.
DISCUSSION
In February 1990, the Board approved guidance on the
transportation requirements of the California Clean Air Act. It
was stated at that time that policies relating to transportation
control measures will need to evolve in more detail as state and
local agencies become more sophisticated in this field. The
three documents being considered here add detail and
clarification to the policies stated a year ago.
Staff held focus group meetings with representatives from local
air pollution control districts, Caltrans, and other interested
organizations in order to formulate reasonable and workable
policies for these reports.
The draft documents were released for public review and comment
in early January 1991. Copies were mailed to air pollution
control districts, state and local transportation planning
agencies, regional governments, industrial groups, consultants,
environmental groups, etc. ARB staff has maintained close
coordination with staff of the California Department of
Transportation.
Staff held a public workshop on these documents in late January
and received substantial written comments as well. Staff has
made every effort to reflect concerns in the proposed final
documents.