Exhibit B
Minutes Exhibit B Port Commission Regular Meeting. Inside EPA 's of September 25, 2018 Clean _/-_lir Report and (1.5. air policy An exclusive biweekly report on the Clean Aerct Vol. VII, No. 19 September 19, 1996 7 WEIGHS RESTRUCTURING EFFORT GRAND CANYON VISIBILITY COMMISSION for western emission control strategies are given proper In an effort to ensure that their recommendations Commission (GCVTC) are exploring ways to consideration by EPA, ofcials with the Grand Canyon Visibility Transport in the is considering expanding the number of states participating restructure the organization. The GCVTC reportedly them an equal vote. commission and opening the doors to federal agencies, allowing that the the legal authority to revamp the group, especially considering But the commission must establish that it has effort also promises to be ofthe Clean Air Act. Frmding the restructuring GCVTC was created under the federal auspices a signicant hurdle (p3). Suppressed report on FERC air impacts "commitment JOINT NOx spurs IJC resignation UTILITIES DECLINE EPA INVITATION 0N The top Canadian ofcial on the STRATEGY International Joint Commission resigned embrace an invitation Electric utility ofcials say they are not ready to last week, reportedly over efforts by oxide (NOx) reduction the by EPA to cooperatively develop a nitrogen supporters of President Clinton within with deregulation and open framework because they are being overwhelmed commission to shelve a controversial Senate's harshest critics ofthe Clean Air Act report on the effects of the Federal Energy access issues (p5). Some ofthe EPA release of a ne particulate matter Regulatory Commission's open access rule are questioning the logic behind and ambient air dam (p6). on air quality (p5). standard amid lingering questions about health that an ozone standard And a recent American Lung Association report warns EPA spurns pleas for redesignation. 57 million Americans om under consideration by EPA will fail to protect NOx waiver moratorium unhealthy air (p7). EPA has rejected a request by environmentalists that the agency discontinue W redesignation ofnonattainment areas and ENGINE STANDARD EPA POISED TO GIVE CLUES ON OFF-ROAD granting ofwaivers forNOx exceedances until with California EPA is slated to issue by Sept. 20 a document forged it addresses several outstanding questions federal rulemaking to further regarding pollution transport (p8). regulators and engine manufacturers outlining a Sources tracking the slash NOx emissions from off-road engines (p4). vehicle program White House hones in on post-2000 contentious development ofthe national low emission carbon abatement strategy predici the matter of states' rights to impose zero emission vehicle mandates The Clinton administration is tightening Federal Aviation will be shelved until after the November elections (p11). its grip on a highly anticipated strategy to at Administration ofcials are delaying the progress of an expansion project further slash carbon emissions after this decade. that the proposal does not meet before a the Seattle-Tacoma Airport out of concern Among the tenets likely to be proposed conformity requirements (pl 1). committee ofthe internaonal Climate Change emissions treaty this December is a all for reductions from developed countries, as well as Enters-em 'CAM' PROVISION a dramatically strengthened enforcement INDUSTRY TARGETS INFLEXIBILITY IN KEY make a clear distinction backbone (p19). Industry representatives insist EPA fails to and egregious Title V between slips in emissions monitoring practices I 'V Ni monitoring violations in a key element ofthe proposed compliance assurance Sen. Craig Thomas pushes for meanwhile, say they are on track to release the heightened cost-benet analyses program (p14). EPA ofcials, end ofthe year (p15). House Adding his voice to a growing hotly debated credible evidence rule by the determine why the chorus ofEPA critics, US. Senator Craig Republicans are pushing for congressional hearings to more" in regards to enforcement of Thomas (R-WY) is urging the agency not Clinton administration is "doing less with of to lose sight of the regulatory cost environmental regulations (p16). tightening particulate matter and ozone standards in the agency's high-prole revisions (p26). NONA77AINMENT ozone standard. A district survey also uncovered that one in ve companies already uses low- and zero-level VOC water based solvents that are currently on the market. SCAQMD face sti' opposition 'om the trucking community, because industry ofcials insist water-based solvents will be useless in maintaining heavy-duty trucks. This concern prompted district ofcials to agree to a oneyear study to address the concerns ofthe trucking industry. Mobile Sources F ' P i I I STATES RATIFY NLEV AGREEMENT, ZEV ISSUE APPEARS HEADED FOR SHELF In the wake of the recent ratication by state air managers oftheir memorandum of understanding (MOU) over EPA's 49-state national low emission vehicle (NLEV) rule, the issue ofwhether states can implement man- dates that require automakers to sell zero-emission vehicles (ZEVs) appears "headed for the shelf' until after this November's elections, sources close to the issue say. Though the states' unanimous ratication of their MOU represents a bold show of unity directed at both automakers and EPA, states nonetheless appear content to let EPA address that issue outside the context of the voluntary NLEV rule. EPA sources indicate this is the agency's preferred route. On Sept. 5, members ofthe Ozone Transport Commission (OTC) - comprised of 12 northeastern states and the District of Columbia - voted 24 to 0 to endorse their MOU submitted to EPA in dra form in late August. OTC's version ofthe MOU on a voluntary NLEV program was only a preliminary document initialed by members, an OTC source explains, and it required approval from the entire 24-member OTC for nal ratication. Automakers had submitted their own MOU Aug. 23, with the two MOUs diverging on the matter ofthe rights of individual states to move forward with their own programs for ZEVs. OTC supports such a provision, while automakers are seeking a delay in the forced marketing ofelectric vehicles in any agreed-upon 49-state LEV program. The MOUs seemingly marked an unsuccessful conclusion to a two-year effort by the groups to develop a voluntary NLEV program that EPA could use to supplant a rule that the states agreed to in 1994. In September 1995, EPA had proposed to require industry to begin introducing gasoline-powered model LEVs in the Northeast by 1997 and to phase in an increasingly stringent NLEV program throughout the country in order to meet a national emission standard in 2001. The unity displayed by OTC represents a "pretty powerful response to automakers and a strong state- ment to EPA," one source close to the debate says. States' "unequivocal support" of OTC's MOU "ows directly with from automakers' behavior," the source explains, claiming "[automakers] pushed too far" and "got too cocky" their MOU. "It's rare to see that kind ofunity," the source continues, but "it is understandable" considering the automakers' position and the looming deadline for state implementation plans that makes forward movement by the administration on a voluntary NLEV rule especially critical. OTC's MOU ratication "evens the playing eld" between states and automakers in the NLEV debate, another on paper that "states source says, by "showing in writing that their positions are unied across the board" It further puts won't challenge EPA on theNLEV rule," giving the ag-cy assmance to move forward with a rulemaking. EPA sources indicate that the agency plans to build upon the principles in the two MOUs, and possibly issue a nal rule by early next month. I ' I nrll AIR-RELATED CONCERNS SLOW FAA DECISION ON SEATTLE AIRPORT EXPANSION The Federal Aviation Administration (FAA), reportedly concerned that an expansion project at the Seattle- Tacoma Airport (SeaTac) remains out of compliance with the Clean Air Act's "conformity" provision, has post- poned its Record ofDecision (ROD) that allows the project to move forward. Projects must receive an approved ROD pursuant to the National Environmental Protection Act. The delay comes following months ofnegotiations between local, state and federal air quality ofcials seeking an agreement with the FAA and SeaTac operator the Port of Seattle that would guarantee no further deterioration ofthe region's air quality from the pr0posed SeaTac expansion. The groups have been-working on a memorandum ofimderstanding (MOU) which som'ces say will establish an approach for a monitoring program and agreed-upon carbon dioxide (C02) and nitrogen oxide (NOx) standards for the area, and potentially pave the way for a smooth ROD approval. But repeated concerns 'orn EPA, state air agencies and civic CLEAN AIR REPORT - September 19, 1996 11 MOBILE SOURCES slowed the project's momentum. groups over the possible air impacts 'om an expansion now seem to have The SeaTac Airport is located in King County, WA, within a designated nonattainment area for C02 and into attainment ozone. The state Department ofEcology is currently working with EPA to redesignate the area status based upon the recent history ofmonitoring, control strategies and maintenance plans. The FAA proposed last February to expand SeaTac by adding a third runway, and released an Emu-on- mental Impact Statement (EIS) evaluating the potential environmental impacts ofthe third runway and other improvements at the airport. As required by the Clean Air Act, the FAA made a preliminary determination tha: the proposed expansion would not impede or delay Washington's efforts to bring the Seattle metropolitan area into compliance with federal air quality standards for C02 and ozone. In response to the EIS, EPA and the state Department of Ecology led formal comments stating that the air quality modeling analysis presented in the EIS did not demonstrate "conformity" to the state clean air plan as required by the Clean Air Act. Federal law prohibits the FAA 'om approving or funding the proposed expansion unless the agency determines that the air quality analysis demonstrates that the project would not prevent or impede Seattle's effort to attain national air quality standards. Furthermore, EPA and the Department ofEcology each expressed concern that the project would result in and additional violations ofC02 standards at key roadway intersections near the airport as a result of additional car truck trafc. The air quality agencies were also concerned that the FAA had not committed in writing to "binding and enforceable measures" that would reduce pollution caused by congestion at the roadway intersections. Both agencies recommended a comprehensive program to monitor air quality around the airport. The project has already been delayed by local civic groups contending that it did not do enough to reduce noise in srurormding neighborhoods. The Port of Seattle addressed those concerns by vowing to beefup noise reduction e'orts, the Port, thus reviving the plan. Since then, measures to reduce air pollution have dominated the discussions, with the FAA, 10ml EPA ofcials and Department ofEcology representatives meeting over the past few months in an effort to craft an environmental concerns. agreement on how to move the project forward while satisfying the outstanding The postponement ofthe ROD "means the Port of Seattle can't move forward until they receive federal approval from FAA," one source close to the issue says. While FAA originally supported the project, the source all points out, the federal agency is feeling pressure from EPA and other groups to ensure that the expansion mee:s necessary environmental requirements. FAA ofcials could not be reached for comment. Permits I i ' Tr r 7 v 3M PULLS OUT OF PROJECT XL, PROGRAM COMES UNDER ECOS SCRUTINY in the agency's In the wake of a caustic debate between EPA and Minnesota over the state's involvement Minnesota's Project Project XL regulatory reform program, the 3M Corporation's Hutchinson plant - the model for channels. XL proposal has opted to seek permits for its facility through more traditional regulatory has prompted state The move by 3M signals the death knell for Minnesota's participation in Project XL and debates environmental ofcials to create a task force to develop a dispute resolution mechanism for addressing between state agencies and EPA on a host ofregulatory exibility-related issues. launched Minnesota was the rst state delegated by EPA to nm Project XL - the administration's initiative rms with late last year to reshape the relationship between companies and government regulators by allowing and 3M's stellar environmental records more 'eedom to develop their own pollution-prevention procedures that proposal was the state's rst attempt to implement the program. 3M was seeking a Title V operating permit would place a plant-wide emissions cap over all ofthe Hutchinson facility's air toxics sources. the facility must provide But Minnesota could not forge an agreement with EPA on what level of guarantees regarding environmental improvement, and the Minnesota Pollution Control Agency (MPCA) subsequently between MPCA informed EPA of its intention to suspend work on the Hutchinson project. A primary sticking point environmental and EPA in crafting an agreement was the issue of whether or not 3M had to guarantee superior should be performance "up front." State oicials argued that because XL is an experimental project, the company granted some exibility to test approaches even ifthey did not ultimately achieve environmental improvement. the way that the EPA maintained that the state needed to implement a detailed test that ensured at every step along results than would have been required under otherwise applicabre program was achieving better environmental rules. On this point, no compromise was possible, both sides contend (see Sept 5 issue, p3). 12 CLEAN AIR REPORT - September 19, 1996
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