State of California

Summary of Board Meeting
September 22, 1994

Hyatt at Los Angeles Airport
International Ballroom
6225 West Century Boulevard
Los Angeles, California

MEMBERS PRESENT:  Hons. Jacqueline E. Schafer, Chairwoman
                                                 Brian Bilbray
                                                 Joseph C. Calhoun, P.E.
                                                 Lynne T. Edgerton, Esq.
                                                 M. Patricia Hilligoss
                                                 John S. Lagarias, P.E.
                                                 Jack C. Parnell
                                                 Barbara Riordan
                                                 Doug Vagim
                                                 Harriett Wieder



Public Hearing to Consider New Specifications for Diesel Engine Certification Fuel, Proposed Amendments to the Oxygen Specification for Natural Gas Certification Fuel, and Proposed Amendments to the Commercial Motor Vehicle Liquefied Petroleum Gas Fuel Regulations

The staff presented to the Board proposed new specifications for diesel engine certification fuel to provide a more consistent test fuel. This new set of specifications may be used as an option to the federal requirements for certification testing of 1995 and subsequent model-year passenger cars, light-duty trucks, and medium-duty diesel-fueled vehicles; 1995 and subsequent model-year medium-duty diesel engines; 1996 and 1997 model-year urban bus diesel engines; and 1995 and subsequent model year diesel-fueled utility lawn and garden engines. Also, the proposed specifications would be used for in-use compliance testing.

The staff also proposed an amendment to the oxygen specification for CNG certification fuel and an amendment to the commercial motor vehicle LPG fuel regulations.

The amendment to the CNG certification fuel is intended to address concerns regarding the safety of blending the required oxygen level into CNG certification fuel by amending the existing oxygen content specification to allow a maximum oxygen content level. The amendment to the commercial LPG regulations is intended to address concerns regarding the available supplies of low propene LPG by continuing the 10 volume percent propene standard until January 1, 1997.

WSPA testified that the staff's proposed specifications for diesel engine certification fuel would allow certification of vehicles that would not achieve the desired emission reduction goals because the certification fuel was not representative of in-use fuels. The EMA and Navistar both testified in support of the staff's proposal for diesel engine certification fuel specifications.

A representative of the South Coast Air Quality Management District indicated that the Board should state that the continuation of the 10 volume percent propene standard was a one time accommodation to the LPG fuel industry.


Melissa Chapman                              WSPA

Warren Slodowske                            Navistar

Glenn Keller                                       Engine Manufacturers Association

Paul Wuebben                                    South Coast AQMD


Approved resolution 94-53 by a vote of 8-0.


STAFF REPORT:  Yes (60 pages)

94-9-2 Public Hearing to Consider Adoption of the Alternative Control Plan (ACP) for Consumer Products

To meet the mandates of the California Clean Air Act of 1988, the ARB adopted regulations covering 26 consumer product categories in 1990 and 1992. These regulations reduce emissions of volatile organic compounds (VOCs) by specifying maximum VOC content limits which products in each regulated category must meet. In 1992, the Board directed the staff to develop a market-based program to supplement these regulations.

In response to the Board's directive, the staff proposed a voluntary, market-based program called the Alternative Control Plan (ACP) regulation. The ACP employs aggregate emissions caps to achieve emission reductions equivalent to those in the existing regulations. Because of these caps, the ACP provides manufacturers with a high degree of flexibility in formulating their products, while preserving the air quality benefits of the existing regulations. As a supplement to the existing regulations, the ACP provides consumer product manufacturers with a third compliance option for their products.

The ACP regulation contains definitions; provisions for approving an ACP plan submitted by manufacturers; provisions for reconciling shortfalls of the emission reductions committed to in approved ACP plans; an enforcement and violations provision; provisions for cancelling or modifying an approved ACP; provisions for the issuance and trading of surplus reduction credits; and other administrative requirements.

Over its two-and-a-half year rulemaking process, the ACP regulation was developed through an extensive and cooperative public outreach program involving seven public workshops and numerous meetings with industry representatives, sister regulatory agencies, and other interested parties.

At the Board hearing, the ARB staff proposed two modifications to the ACP regulation. The first modification would add to the violations section a provision to determine the number of violations for an emissions cap exceedance based on one violation per 40 pounds of exceedance. The second modification would provide for limited, one-time use credit for early reformulations of ACP products resulting in overcompliance with the VOC standards occurring in the compliance period prior to the submittal of an ACP plan. These modifications will be specified in a Notice of Public comment period.

Testimony was provided in support of the proposed ACP regulation and the proposed modifications. Several testifiers did not support the proposal due to concerns about whether the ACP concept may become mandatory in the future. The staff responded that if such a proposal were to be considered, it would only be done through a full public process.


James Mattesich, Esq.                      Livingston and Mattesich, representing
                                                        the Cosmetic, Toiletry, and Fragrance

Dan Knuth, Ph.D.                             The 3M Company, representing the
                                                        Chemical Specialties Manufacturers

Phillip Geis, Ph.D.                             Procter and Gamble

Mike Thompson                                Chemical Specialties Manufacturers

Doug Raymond                                 Sprayon, a division of Sherwin Williams

Bryan Ruble                                      S.C. Johnson Wax

Ted Wernick                                     Gillette


Approved Resolution 94-54, with modifications, by an 8-0 vote.


STAFF REPORT:  Yes (87 pages)

94-9-3 Public Meeting to Consider the Annual Report to the Governor and the Legislature on the Air Resources Board's Atmospheric Acidity Protection Program


Staff presented a summary of the Board's Annual Report to the Governor and the Legislature on the monitoring and research activities undertaken in 1993, the final year in which projects were funded in the Atmospheric Acidity Protection Program. This report was prepared to meet the requirement of Health and Safety Code section 39910.

In 1993, samples at 25 wet and 10 dry acidic deposition sites across the State were collected in the California Acid Deposition Monitoring Program. Ongoing research projects were summarized for the Board in the following areas: Atmospheric Processes, Aquatic Ecosystems, Forest Ecosystems and Human Health. The Man-Made Material Program has been completed. Material damage in the South Coast Air Basin is estimated to be minor.

Serious irreversible ecological effects have not been found in Sierra Nevada lakes and streams nor in the State's forests. The longer-term outlook is less certain because adverse ecological effects seen elsewhere occurred only after many decades of acidic deposition.

As for human health, staff reported that ambient concentrations of acidity may pose a potential chronic risk to health. Determining the extent of this risk will be the major emphasis of the program over the next year.



Approved Resolution 94-55 by a vote of 8-0.


STAFF REPORT:  Yes (162 pages)

94-9-4 Public Meeting to Consider an Update on California's State Implementation Plans


The staff provided an overview of federal Clean Air Act requirements and the current status of the ozone State Implementation Plan (SIP) revisions that are due November 15, 1994. The overview covered the Board's responsibilities and previewed the planned November hearing on the SIP. The presentation began with a description of the basic SIP elements, including: an emissions inventory and calculations showing reasonable further progress in reducing ozone precursor emissions, modeling to demonstrate attainment of the federal ozone standard by the applicable deadline, and a control strategy.

The control strategy will rely on existing and planned regulations at the local, state, and federal levels. The State is responsible for the majority of the needed emissions reductions (from mobile sources and their fuels, consumer products, and pesticides); while local districts and transportation agencies (from stationary and area sources, as well as transportation controls); and the federal government (from federally-regulated sources such as interstate trucks, farm and construction equipment, aircraft, ships, and locomotives) share the remainder of the responsiblity.


Veronica Kun                                     Natural Resources Defense Council

Dennis Zane                                        Coalition for Clean Air