Dec. 10, 1999

Table of Proposed VOC Measures

The region’s smog-control agency today adopted an addendum to its air quality management plan and afterward announced the settlement of a lawsuit by environmental groups related to past revisions to the plan.

The environmental groups previously settled related litigation against the California Air Resources Board and the federal Environmental Protection Agency.

In the addendum to the 1997 air quality management plan, the South Coast Air Quality Management added some pollution control measures and accelerated the effective dates of others. The accelerated cleanup was made possible by new technologies that were unavailable when the 1997 plan was adopted.

The addendum calls for an accelerated reduction of 48 tons per day of volatile organic compounds, or fumes from petroleum-based products that combine with nitrogen oxides to form ground-level ozone, a key smog ingredient.

Adoption of the plan addendum paved the way for a settlement of a lawsuit by environmental groups. The AQMD also hopes the addendum will make the 1997 plan acceptable to the EPA.

A federal court in Los Angeles had proposed to rule in favor of the environmental groups and was preparing a court order requiring implementation of measures from the older, outdated 1994 plan, the last plan approved by the EPA. The AQMD had dropped these measures from its 1997 plan as infeasible, not cost-effective or overly burdensome, such as requiring car-pooling at shopping malls and schools.

"This is a fair and equitable settlement for all involved," said AQMD Executive Officer Barry R. Wallerstein.

"The AQMD has worked with all stakeholders in developing the current plan addendum. More importantly, the addendum will provide the public with cleaner air earlier than anticipated under previous plans."

Wallerstein pointed out that one of the biggest pollution reduction measures called for under the plan addendum has already been adopted, a pioneering rule reducing emissions from solvents. Another, requiring sale of cleaner water heaters, was adopted by the Board today.

The agreement settling the lawsuit with environmental groups is based on the addendum to the 1997 plan that contains several creative elements to assure expeditious progress toward clean air.

But it also includes features to provide assurances to businesses, Wallerstein said, such as including flexibility to substitute alternative measures if proposed controls are found technically infeasible or not cost-effective.

For example, the addendum sets a cost-effectiveness threshold. Rules that cost businesses $13,500 or more per ton of pollution reduction will now require special hearings and analyses before they can be adopted.

The settlement also dissolves if the EPA fails to approve the 1997 plan and its new addendum within six months.

"We believe the settlement," Wallerstein said, "promises to renew the critically important partnership between public agencies, environmental groups and businesses that is needed to make continued progress toward healthful air."

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