PROPOSAL:
Ratify and Clarify Status of Board Committee to Facilitate Rulemaking
on Refinery Control Measures FUG-04, FUG-05 and CMB-09
SYNOPSIS:
At the February 1, 2002 Board meeting, a committee consisting of Jane
Carney and Leonard Paulitz was created to facilitate rulemaking on
Refinery Control Measures FUG-04, FUG-05 and CMB-09. This action is to
ratify that appointment and clarify that this committee is an ad hoc
committee charged with accomplishing only the specific task of
facilitating the development of these control measures in a limited period
of time.
COMMITTEE:
Not applicable.
RECOMMENDED ACTION:
Ratify appointments of Board Members Jane Carney and Leonard Paulitz to
Ad Hoc Committee to Facilitate Rulemaking on Refinery Control Measures.
Barry R. Wallerstein, D.Env.
Executive Officer
Background
The 1997 AQMP (as amended in 1999) includes several control measures
affecting refineries which are scheduled for adoption this year. These
measures are FUG-04, FUG-05, and CMB-09. At the February 1, 2002 Board
meeting, Chairman Glover proposed and the Board approved the appointment of
Board Members Jane Carney and Leonard Paulitz to work with staff, industry,
and other affected stakeholders to facilitate discussions between staff and
stakeholders regarding these rulemaking efforts. In addition, the effort
will explore any options that may exist for providing additional flexibility
under Rule 1178 as outlined in the Resolution approving the December
amendments and will evaluate control measures availability for the next
revision to the Air Quality Management Plan. These combined items will allow
a more comprehensive look at future rulemaking activities related to
refineries with a goal of obtaining cost effectiveness of controls. Staff
will develop a proposal that will undergo the normal workshop process and be
presented to the full Board for rule adoption consideration.
Proposal
Since the appointments of Board Members Carney and Paulitz was taken
under "Other Business" but not specifically listed on the agenda, it is
necessary to ratify these appointments to prevent any potential legal
challenge to these appointments. Also, it is recommended that the Board
clarify that these appointments do not create a "standing committee," which
would be required to follow Brown Act meeting procedures, but rather create
an ad hoc committee to accomplish only the specific task of facilitating the
development of these control measures in a limited period of time. This
action is to ratify the appointments of Board Members Carney and Paulitz and
clarify that an ad hoc committee, not subject to the Brown Act, is thereby
created.
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