On October 1, 2007, MBA’s Chryss Meier presented at the 2007 California Chapter of the American Planning Association (CAPA) annual conference in San Jose. She was the last rule developer who worked on Rule 9510-Indirect Source Review (ISR) at the San Joaquin Valley Air Pollution Control District (SJVAPCD), and had taken the rule to approval at the SJVAPCD’s Governing Board, and worked on the implementation of the rule. Though required by the California Clean Act Air, Air Pollution Control Districts were hesitant in implementing ISR programs because they did not look forward to the challenges and lawsuits that are expected from the development community. One Air District went forward with an ISR program over 12 years ago. It was developed cooperatively with the development community and has been operating successfully for all these years.
The presentation included background on Rule 9510 (ISR) including the history leading up to the SJVAPCD working on rule development, such as California legislation that required the SJVAPCD to adopt a “Schedule of fees” from indirect sources; the air quality in the valley (non-attainment of PM10 and ozone); the authorities that the SJVAPCD has under the California Clean Air Act, and SJVAPCD limitations.
Rulemaking Considerations were also discussed including development of the rule that made it the way it is and the need for accurate and fair emissions accounting balanced with flexibility and enforceability. Rule Requirements relating to emission reductions and achieving requirement goals were also discussed. Finally, implementation and issues relating to the rule and how it actually impacts development and developers was discussed. Ms. Meier identified the challenges the SJVAPCD and the developers face for successfully implementing the rule, including lack of awareness about what is required versus what is encouraged, low effort on part of the SJVAPCD to educate developers, public agencies and the public.
In addition to Ms. Meier, panel members included Walter Arenstein, President, of Writrac Consulting and a former Air Pollution Control Officer (APCO) for Placer County Air Pollution Control District; Dave Calkins of the Sierra Nevada Air Quality Group, LLC, former Air Programs Branch Chief for U.S. EPA (Region 9); and Dr. John Holtzclaw, an independent consultant.
"The City of Bakersfield has established a long-term relationship with MBA as environmental consultants. They have successfully completed more than a dozen important environmental documents on schedule and within the budget. All important projects involve a certain degree of problem solving specific to that project. MBA has consistently demonstrated a high level of innovation in finding the solutions."
Marc Gauthier, Principal Planner
City of Bakersfield
