[CPEO-MEF] SB Air Pollution Control Board/Boeing mitigation of smaller toxic are

[pedal4mother@yahoo.com]

Boeing Faces Regulatory Challenge
May 15, 2003
www.californiaspaceauthority.org
The APCD and The Boeing Company issued this statement:


FOR IMMEDIATE RELEASE
May 15, 2003
CONTACTS:
APCD: Director Doug Allard, 961-8853
Boeing: Robert Villanueva (714) 330-1781

APCD and Boeing Announce Agreement on Permit
Boeing to Provide Air Quality Mitigation for Vessels
Emissions and Perform Tracking and Fuel Metering; APCD
to Modify Rule and Boeing Permit

GOLETA, CA - The Santa Barbara County Air Pollution
Control District (APCD) and The Boeing Company
announced today the resolution of an appeal by Boeing
of an APCD permit that covers operations of marine
vessels to transport a rocket launching system used at
Vandenberg Air Force Base.

"I am pleased that the negotiating process was
successful, and produced an agreement that gives both
sides adjustments that were needed. Our goal was to
protect clean air while ensuring that the space
industry can continue to thrive. We accomplished
that," said APCD Director Doug Allard.

According to Jim Boyle, Director for Boeing's VAFB
launch sites, "Boeing is pleased with the efforts
undertaken by the APCD to balance the needs of
industry against the need for clean air and
accountability. We are hopeful that the processes and
relationships put into place as a result of these
negotiations will be the foundation for a successful
partnership for many years to come."

As part of the agreement announced today, Boeing will
continue to provide full mitigation for air pollution
from vessels associated with the project while these
vessels operate adjacent to Santa Barbara County.
Boeing will also provide the APCD with data that will
allow more accurate estimates of the emissions from
the Delta Mariner as well as its position, and will
install fuel metering equipment to track fuel use. By
more accurately tracking the vessel location and fuel
use, Boeing will benefit by reducing its permitted
emissions and thereby reduce the amount of air quality
mitigation it has to provide in the form of offsets.

APCD has agreed to modify Boeing's permit, and to
initiate a change to an APCD rule that reduces the
area in which marine vessel emissions are required to
be mitigated.

The agreement announced today was the culmination of a
process that began when Boeing appealed its permit to
the APCD Hearing Board in January.  


April 4, 2003

Boeing and the Santa Barbara Air Pollution Control
District (APCD) have agreed to delay until June 4 the
hearing on Boeing's appeal to the permit issued by the
APCD. The hearing was previously scheduled to be held
in April.

The purpose of the delay is for both parties to
explore the possibility of entering into a settlement.
The parties first met on March 21 to discuss this
possibility. Their second meeting is scheduled to be
held on April 9.

Boeing has five bases for its appeal: (1) APCD lacks
authority to require a permit for, or regulate
emissions from, vessels that deliver rockets to
Vandenberg Air Force Base, (2) the vessels are exempt
from permit requirements because they are not
associated with a stationary source, (3) some
conditions of the permit are preempted by federal law,
(4) APCD lacks jurisdiction over the coastlines of
Ventura and San Luis Obispo counties, and (5) the GPS
requirements under the permit are unfair and
unreasonable.

The APCD issued a permit to Boeing for air emissions
from the M/V DELTA MARINER, a ship leased by Boeing on
a non-exclusive basis, and a tugboat on December 6,
2002. Boeing filed its appeal of the permit on January
8, 2003. The APCD filed a Motion to Dismiss the
appeal, but that motion was denied by the APCD Hearing
Board on March 5.


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