State of California
AIR RESOURCES BOARD
Ambassador Hotel
Boulevard Room
3400 Wilshire Blvd.
Los Angeles, CA
May 25, 1978
10:00 a.m
AGENDA
78-10-1 Public Hearing to Consider Petitions Submitted by the
Southern California Edison Company and the Los Angeles
Department of Water and Power for Review of Rule 475.1
of the South Coast Air Quality Management District
(SCAQMD), NOx Control from Power Plants, to Consider
Repeal, Modification and Other Authorized Actions
Relating to the Subject Matter of Rule 475.1 (and
Related Rule 475), and to Consider the Need for a Model
Rule for NOx Control from Power Plants in Ventura
County.
78-10-2 Other Business -
a. Executive Session - Personnel & Litigation
b. Research Proposals
ITEM NO.: 78-10-1
Public Hearing to Consider Petitions Submitted by the Southern
California Edison Company and the Los Angeles Department of Water
and Power for Review of Rule 475.1 of the South Coast Air Quality
Management District (SCAQMD), NOx Control from Power Plants, to
Consider Repeal, Modification and Other Authorized Actions
Relating to the Subject Matter of Rule 475.1 (and Related Rule
475), and to Consider the Need for a Model Rule for NOx Control
from Power Plants in Ventura County.
RECOMMENDATION
The Board should accept jurisdiction of the petitions filed by
the Southern California Edison Company and the Los Angeles
Department of Water and Power. After this public hearing, the
Board should determine whether the South Coast Air Quality
Management District's action in adopting Rule 475.1 (and related
Rule 475) was consistent with the purposes of Division 26 of the
Health and Safety Code. In making this determination, the Board
should include all relevant evidence, including the staff's
analysis of an alternative "system-wide" approach to controlling
NOx emissions from electric power generation. In connection with
this staff proposal, the Board should also consider taking action
under Health and Safety Code Section 41504 with respect to Rule
475.1 (and related Rule 475). Finally, the Board should consider
the need for a model rule for controlling NOx emissions from
electric power generating facilities in Ventura County.
SUMMARY
Two petitions have been filed by the Southern California Edison
Company and the Los Angeles Department of Water and Power seeking
review under Health and Safety Code Section 40451 of the South
Coast Air Quality Management District's adoption of Rule 475.1,
which requires electric power generating facilities to achieve a
90 percent reduction of NOx emissions by 1987. Three other
petitions were filed late by utilities operated by the cities of
Glendale, Burbank, and Pasadena. These petitions cannot be
accepted for formal review, but the utilities should be allowed
to present evidence as interested persons.
Under Section 40451, the Board has discretion to accept or deny
jurisdiction, and to determine what evidence should be received
in addition to the record before a district. Since the issues
relate to a rule-making matter affecting the conduct of any
utility, rather than individual rights, strict trial-like rules
of evidence, including cross examination, need not (though they
may) be controlling.
Section 40451 provides that, after a public hearing on a
petition, the Board may find that the South Coast Air Quality
Management District's action was consistent or inconsistent with
the purposes of Division 26 of the Health and Safety Code. Upon
finding that the actions was inconsistent with these purposes,
the Board may take one or more of a number of remedial actions.
The petitions allege that Rule 475.1 will not promote attainment
of the ambient air quality standards, is not technologically
feasible, and is unreasonably expensive. Based on these
allegations, the petitions conclude that Rule 475.1 is
inconsistent with the purposes of division 26, since in adopting
a "technology-forcing" rule the SCAQMD exceeded its statutory
authority to adopt rules reflecting the "best available
technological and administrative practices" (BATAP). The staff
believes that the rule is feasible and necessary, and that BATAP
does require technology-forcing rules. The staff therefore
believes that Rule 475.1 is not inconsistent with the Purposes of
Division 26 for the reasons set forth in the petitions.
In considering the petitions, the Board should also consider
evidence presented by the staff of an alternative approach to
controlling NOx emissions from power plants. This alternative
approach would achieve greater NOx reductions, at less cost, and
at earlier dates than would Rule 475.1. If the Board determines
that there is a substantial and significant difference between
the two rules with respect to the basic BATAP requirement, it
could conclude that the SCAQMD's action was inconsistent with the
purposes of Division 26, in that such action fails to use all
reasonable and available methods to achieve the ambient air
quality standards as expeditiously as practicable. Since part of
Southern California Edison's system is located in Ventura County,
the Board should also consider a complementary model rule for
Ventura County.
While the petitions address Rule 475.1, they also relate
indirectly to Rule 475, which in relevant part establishes NOx
control requirements for new power plants. These requirements
are in the near-term less stringent than those applied to
existing facilities by Rule 475.1. Accordingly, this report also
addresses the consistency of Rule 475 with the purposes of
Division 26 of the Health and Safety Code.
Finally, this matter has been scheduled concurrently as a review
of Rules 475.1 and 475 under the Board's general powers to review
the adequacy of district rules and regulations for achieving and
maintaining the state ambient air quality standards (Health and
Safety Code Section 41500). If these rules are found to be
inadequate in this regard, the Board may amend them as necessary
(Health and Safety Code Section 41504).