State of California
AIR RESOURCES BOARD
State Water Resources Control Board
Hearing Room
901 P' Street
Sacramento, CA
November 29, 1984
10:00 a.m.
AGENDA
Page
84-15-1 Postponement of Consideration of the South Coast
Air Quality Management District's Request for
Redesignation for NO2.
84-15-2 Chairman's Report Regarding Use of Manganese in
in Diesel Particulate Traps.
84-15-3 Progress Report on the Vehicle Inspection and
Maintenance Program.
84-15-4 Report on the Importation into California of Vehicles
Which Have Not Been Manufactured to Meet U.S. or
California Emission Standards: The So-Called "Grey
Market".
84-15-5 Status Report on the Air Resources Board's Program 001
to Ensure Compliance with Nonvehicular Air Pollution
Control Laws and Regulations and Vehicular Fuels
Regulations.
84-15-6 Public Hearing to Consider Amendments to 030
Agricultural Burning Regulations.
84-15-7 Presentation to the Board of the Air Resources Board's
Air Quality Report to the Legislature.
84-15-8 Other Business
a. Closed Session
1. Personnel (as authorized by State Agency Open
Meeting Act, Govt. Code Sec. 11126(a).)
2. Litigation (Pursuant to the attorney-client
privilege, Evidence Code Sec. 950-962, and
Govt. Code Sec. 11126(q).)
b. Research Proposals
c. Delegations to Executive Officer
FOR FURTHER INQUIRIES PLEASE CONTACT THE BOARD SECRETARY:
Harold Holmes
1102 Q' Street
Sacramento, CA 95814
(916) 322-5594
SMOKING NOT PERMITTED AT MEETINGS OF THE CALIFORNIA AIR RESOURCES
BOARD.
ITEM NO: 84-15-5
Status Report on the Air Resources Board's Program to Ensure
Compliance with Nonvehicular Air Pollution Control Laws and
Regulations and Vehicular Fuels Regulations.
DISCUSSION
The ARB's Compliance Division is assigned the responsibility to
review and assist local district enforcement activities, and to
carry out the State's responsibility for enforcement of
regulations on gasoline cargo tanks and motor fuel specifications
related to air pollution. These activities are intended to
encourage voluntary compliance and deter violators, through a
cooperative State/local effort when appropriate.
The Fuel Specifications Testing program involves State-wide field
inspections to determine if motor vehicle fuels sold or supplied
in California are in compliance with State standards for Reid
vapor pressure, Bromine Number, sulfur content, manganese
content, phosphorus content and lead content of gasoline, and the
sulfur content of diesel fuel.
In the Division's Cargo Tank Enforcement activities periodic
inspections of gasoline cargo tanks are conducted in various
areas of the State to determine compliance with State law.
Required annual certification documents are checked and the cargo
tanks are tested for compliance with a specific leak-rate limit.
The Case Development program takes cases involving violations of
air pollution regulations and prepares them for litigation or
out-of-court settlement. If settlements cannot be negotiated,
with Executive Office and Board Chairman approval, the developed
cases are referred to the Attorney General for litigation.
The report also discusses the ARB's oversight authority, which
includes the possibility of assuming the powers of local
districts which fail to carry out their responsibilities to
control air pollution.
The Citizen Complaint Handling program is designed to ensure that
public complaints concerning air pollution are satisfactorily
resolved. Complaints are first referred to local districts in
attempting to resolve any issues, and will sometimes participate
in cooperative field investigations to assist the districts.
The Compliance Source Testing program measures gaseous and
particulate matter emissions from stationary sources to assure
compliance with applicable emission regulations.
The Division's Variance Review efforts involve determining if
variances issued to sources by local districts meet State
requirements, including public notice, expeditiousness in
achieving compliance, and noninterference with the attainment and
maintenance of air quality standards.
ITEM NO.: 84-15-6
Public Hearing to Consider Amendments to Agricultural Burning
Regulations.
RECOMMENDATION
That the Board amend the agricultural burning regulations to
define "scrubland burning"; to regulate scrubland burning under
the rules for forest management burning; to include grapestakes
in the definition of open burning in agricultural operations; to
require smoke management plans for forest management burning that
may affect smoke sensitive areas and to provide for conforming
changes in district implementation plans, as proposed by the
staff.
DISCUSSION
The regulatory changes proposed by staff for consideration at
this public hearing are discussed herein. Affected regulations
are: Sections 80100, 80140 and 80170, of the Board's
"Agricultural Burning Guidelines," Subchapter 2, Chapter 1, Part
III, title 17, California Administrative Code would be amended.
In addition, a new section (80175) would be added.
A new approach to the management of California's scrublands was
authorized by the passage of SB 1704 "Chaparral Management
Program." Under this program, which started July 1, 1981, the
California Department of Forestry identifies the most fire-prone
scrublands, both private and government owned, and sponsors the
prescribed burning of these scrublands in a systematic manner.
Under the current Agricultural Burning Guidelines (Guidelines),
the requirements applicable to scrubland burning depend on the
purpose for which it is conducted. Also, scrubland is not
specifically identified and defined in the current Guidelines.
As a result, some of the local air pollution control districts
and other designated burning control agencies have experienced
administrative and jurisdictional problems.
At a workshop conducted by the ARB, amendments to the regulations
were developed to accommodate and regulate the burning of
chaparral and other brush, which will be referred to generically
as "scrubland." The principal amendment would integrate
scrubland burning into forest management burning by defining
scrubland burning and adding a new section (80175) which would
stipulate that scrubland burning shall be subject to the
requirements of forest management burning, regardless of the
agricultural purpose for which it is conducted.
Other minor amendments to the requirements for forest management
burning are also proposed as follows:
1. Smoke sensitive areas would be defined and burning would be
required to be regulated if wind conditions will cause the
smoke from burning to affect adversely any such area.
2. Smoke management plans would be required to be submitted to
the air pollution control district for all burn projects,
unless waived by the district on the basis that the
emissions will not have an adverse affect on any smoke
sensitive area.
3. Other minor modifications to the requirements for forest
management burning are proposed.
Amendments to conform district implementation plans to the
proposed amendments would be required. Also, the definition of
open burning in agricultural operations would be modified to
specify that grapestakes may be burned.
SUMMARY AND IMPACTS OF PROPOSED REGULATORY CHANGES
No significant costs to the public are expected to result from
this proposal.
No adverse environmental effects are expected to result from this
action. Environmental benefits may be expected to occur as a
result of the proposed requirements for smoke management plans
and for regulation of burning if wind conditions will cause an
effect on a smoke sensitive area.