HomeMy WebLinkAbout08/03/2004, COUNCIL LIAISON REPORT #2 - APCD MEETING - JULY 28, 2004 . � N
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ME ING AGENDA RECEIVED
DATE: July 29, 200?ng-
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TO: Council
FROM: John Ewan �7 t_�
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SUBJECT: APCD Meey 28, 2004 Q/ACA0 p IRE CHIEF
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STATE OZONE STANDARD 'el UTIL DIR
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ARB & OEHHA completed review of scientific literature on health effects of 03,and'fiave
found adverse health effects on lung function and respiratory aggravation at longer term
exposure to 03 levels below current 1-hour standard of.09ppm. They are recommending new 8-
hr standard of.07 ppm. 03 concern in Paso periodically exceeds that level = will likely be
designated non-attainment if new standard adopted.
ARB is currently holding public workshops on proposed standard. Anticipate Board decision in
Dec 04.
PROPOSED CHANGE TO DMV FEES
AB 2880 would allow Districts to collect additional $2/vehicle registration fee to be used
specifically for funding mobile source emissions reductions such as HD diesel retrofits and old-
vehicle buy-back programs. It was moving along well until Gov opposition - will likely die
before it reaches desk.
COMPLIANCE ISSUES AT COKE PLANT
Conoco-Philips is currently operating under variance due to failure of the Coke Plant to meet
emission limits of their operating permit. On April 16, they failed to meet PM emission limits
during their annual source test. Retesting on May 27 also failed. CP could not determine reason
for failure so asked for variance to conduct additional testing and determine problem.
• Granted emergency 30-day variance on June 16 to allow additional testing; 2 new tests
performed and failed.
Requested additional 90-day variance to try and resolve problem. Granted by Hearing Board
chair July 8, with several conditions, including:
• Comprehensive study of control options and costs to reduce SO2 emissions, which are
substantial and a potential contributor to source test failures.
• Place cap on coke feed rate and other operational restrictions to limit amount of excess
emissions
• Payment of excess emission fee during period of variance to ensure timely resolution of
problem. Similar to excess emission fee paid by Duke during energy crisis.
COUNCIL Liaison Report
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Council Memorandum
July 29, 2004
Page 2
• Develop compliance plan that details steps to be taken to bring plant into compliance
• May require additional variance request before full hearing board if not resolved in 90-
days
BACKYARD BURNING IN NIPOMO
Small group Nipomo residents concerned about losing privilege to burn green waste—have
contacted most of you. A letter has been sent Chairman Ewan asking for Board to hold a public
hearing to hear their request to extend backyard burning indefinitely. Chair responded that
substantial analysis and public debate was performed prior to Board decision and he didn't
believe it in best interest of public health and air quality to reconsider the Board decision.
Staff strongly supports Mr. Ewan's response for several reasons:
Rule implementation has progressed smoothly throughout county for past 4 years—
relaxation would be significant step backward in public health protection and would be
strongly opposed by ARB.
Relaxation is also opposed by many residents in Nipomo, several of whom have contacted us
and written letters to the editor to express concern.
Would have to relax rule throughout county, not just Nipomo.
State requirements for PM10 emission reduction strategies must be adopted by July 2005 and
include backyard burning prohibitions as one of the primary strategies to be adopted. As
result, would have to come back next year with same rule and go through the rule
implementation process a second time.
Rule implementation has been quite successful throughout county. Alternatives to burning
have improved significantly countywide since adoption of the rule, w/substantially expanded
green waste pickup, free chipping events and new public and private green waste drop-off
yards under development.
Rule still only applies to urban areas where public health impacts are greatest. Rural areas
still allowed to burn, although state PM10 requirements might even force us to look at that
activity.
Providing this update to Board in response to level of effort being made by small group of
Nipomo residents to raise this issue. Wanted to assure you that rule is in fact working well
and staff are working diligently to ensure its continued success and to advise of significant
consequences in relaxing rule.