SUMMARY RECOMMENDATION BACKGROUND - Granicus

T 805.781.5912 F 805.781.1002 W slocleanair.org 3433 Roberto Court, San Luis Obispo, CA 93401

TO: Board of Directors, Air Pollution Control District

FROM: Gary E. Willey, Air Pollution Control Officer

DATE: September 23, 2020

SUBJECT: Consideration of Appointment of Air Pollution Control District

Hearing Board Engineer Member and Engineer Alternate

SUMMARY

Prospective appointments to the Air Pollution Control District Hearing Board are

presented for your consideration.

RECOMMENDATION

That your Board review the Engineer Member and Engineer Alternate applicants and

appoint new members individually in the respective role of the Engineer Member and

Engineer Alternate.

BACKGROUND

The Hearing Board is a quasi-judicial panel authorized under the California Health and

Safety Code to provide relief from air district regulations under certain circumstances. As

defined in state law, the Hearing Board is the sole entity in the District authorized to hear

and act on:

• Petitions by companies for variances from permit conditions or regulations;

• Petitions by the District for abatement orders (an abatement order requires a

company operating out of compliance to take specific actions or shut down its

operation; this is a severe remedy reserved for serious violators or immediate

threats to public health and safety);

• Appeals by companies and third parties from the granting of permits, permit

conditions, permit denials or suspensions, denials of emission reduction credits

and denials of pollution control plans.

Hearing Boards are not authorized to perform any of the following actions:

• Modify rules;

• Exempt a business or source from complying with a rule;

B-1-1APCD 9/23/2020

APCD Board – Appointment of Hearing Board Engineer Member/Alternate

September 23, 2020

Page 2 of 3

• Grant a variance from a violation of the public nuisance law, such as one that creates an

odor problem or threatens public health or property; or

• Review a violation notice in any way.

Hearing boards are established in every Air Pollution Control District and Air Quality Management

District throughout California. In general, these boards operate pursuant to the California Health

and Safety Code regulations that have been in place since 1975, and pursuant to applicable air

district rules and regulations. Hearing boards perform the quasi-judicial function of the district by

applying legal criteria to reach decisions specific to a particular regulated emission source for a

specific factual situation. Hearing boards do not make rules, but rather are bound to apply the

standards set forth in district rules and regulations and state law to the specific cases brought

before them for resolution. After hearing all sides of a case in which individuals or companies come

into conflict with APCD rules and regulations, the Hearing Board weighs the evidence and reaches a decision.

Some hearing boards, such as those at large air districts like the South Coast and Bay Area, have

relatively detailed rules of procedure, meet on a regular basis and operate in a formal fashion. Other hearing boards have less formal rules of procedure and operate less frequently and less formally.

The SLOAPCD Hearing Board meets infrequently on an as-needed basis, most commonly to hear

requests for emergency variances needed by a regulated entity to operate out of compliance for a

short period to correct an equipment breakdown or some other short-term problem. Such cases

typically occur one or two times per year and are handled by the Hearing Board Chair or their

designee, who is authorized by state law to act independently in emergency situations due to the

quick response time needed to convene a meeting with the facility and APCD staff to act on the

variance request. For non-emergency issues, a publicly noticed meeting is scheduled and convened

with the full Hearing Board to review and decide on a case. The full Hearing Board has met five

times since October 2017.

DISCUSSION

As required by state law, Hearing Board members are appointed by, but act independently of, the

APCD Board of Directors. Newly appointed members must attend substantive training sessions and subsequent refresher courses at the California Air Resources Board (CARB), at District expense, to

learn the many legal and regulatory aspects of serving on the Board. Membership requirements for

the Hearing Board are stipulated in state law and specify the Board must consist of an attorney

admitted to the practice of law in California, a registered professional engineer, a member of the

medical profession, and two public members. Five member alternates, one for each regular

member category, are also appointed.

The San Luis Obispo County Air Pollution Control District Hearing Board currently has pending

vacancies for the Engineer Member and Engineer Alternate. Per the District’s Procedures for

Appointment to the District Hearing Board these open positions were publicly noticed, and a press

release was issued for the purpose of seeking interested candidates. State law requires

appointment and reappointment of Hearing Board Members and Alternates be made by the APCD

Board of Directors. The following candidates have submitted applications (attached) indicating their interest in the vacant Hearing Board Positions:

B-1-2APCD 9/23/2020

APCD Board – Appointment of Hearing Board Engineer Member/Alternate

September 23, 2020

Page 3 of 3

Engineer Member: Mr. James Anderson*

Mr. Mohsen Nazemi*

Dr. Yarrow Nelson (Incumbent Engineer Member with term expired on

7/31/2020)

Mr. Robert Vessely*

Engineer Alternate: Mr. James Anderson* (Incumbent Engineer Alternate Member with term

expiring on 9/24/2020)

Mr. Mohsen Nazemi*

Mr. Robert Vessely*

* Three candidates, Mr. Anderson, Mr. Nazemi and Mr. Vessely applied for the Engineer Member or

the Engineer Alternate Member position.

OTHER AGENCY INVOLVEMENT

The APCD coordinates Hearing Board actions with the CARB and the U. S. Environmental Protection

Agency (USEPA), fully informing them of upcoming hearings, hearing results and other information.

Training of new members is provided by the CARB and is offered one or two times a year.

FINANCIAL CONSIDERATION

Hearing Board Members are compensated for their service at $100 per meeting, plus mileage.

Meeting frequency for the Chair has averaged two or three per year since 2003, typically to grant an

emergency variance for an upset or breakdown at a facility. Prior to October 2017, the full Board

had only met twice since 2007. The full Hearing Board has met five times since October 2017.

Travel and lodging expenses for Hearing Board training are compensated by the District and

included in our annual budget. Reappointment of the recent Engineer Member Dr. Yarrow Nelson

and Engineer Alternate Mr. James Anderson would save the District the cost of training new

members estimated at about $1,200.

ALTERNATIVES

The Board could decide not to appoint any of the applicants, in which case staff would begin the

process of soliciting qualified individuals to apply for the openings through the process outlined in

Procedures for Appointment to the District Hearing Board.

B-1-3APCD 9/23/2020

APPLICATION FOR APPOINTMENT TO

AIR POLLUTION CONTROL DISTRICT HEARING BOARD

Date: Email Address:

Applying for:

(Public, Engineer, Attorney, Medical Member, or Alternate)

Name:

Last First Middle Initial

Home Phone: Business Phone

Years Resided in County:

Residence Address

Mailing Address

Present Occupation/Employer:

If Retired, Past Occupation/Employer:

Education:

Licenses &

Registrations:

List of any school courses, volunteer activities, special skills, training, certificates, or work experience

that you feel relate to your qualifications. If you like, you may attach a separate sheet for this

purpose or to state your qualifications

Previous service on county or city advisory bodies or an elected office (names/dates)

Membership in organizations:

Page 1 of 2

May 13, 2020

Engineer or Alternate

Anderson James O.

30

Atascadero, CA 93422


Maintenance Superintendent, Phillips 66

BS, Mech Engr, MS Civil Engr.

Registered Professional Engineer, California

Managed the Environmental Department at an Oil Refinery, knowledgable about

federal, state and local air regulations. Attended Variance and Hearing Board Training.

APCD MOVER Screening Committee

Cuesta College Foundation Board MemberB-1-4

APCD 9/23/2020

APCD Hearing Board Membership Application

Please explain why you would like to serve (attach a separate sheet if necessary):

If appointed, are you willing to participate in the majority of meetings each year and, if necessary, in

related meetings or subcommittees?

YES NO

Should you be appointed, are you willing to file a statement of disclosure as a public official under

the standards set forth by the Fair Political Practice Commission?

YES NO

h:\info\forms\enforcement\hearing_board _appt_appl.doc

Page 2 of 2

SLOAPCD and local industries have worked hard over the past decades to improve and

to to the Hearing Board to help maintain our success and continue to improve our air quality.

maintain air quality. I believe I bring the desire, education, experience and background

B-1-5APCD 9/23/2020




Applying for:


Name:




Residence Address

Mailing Address



Education:

Licenses &

Registrations:






Page 1 of 2

August�17,�2020 om

First Choice is Engineer Member (most preferred) & Second Choice is Engineer Alternate

Nazemi��Mohsen

�0

Newport Beach, CA 92660

Newport Beach, CA 92660

Retired (presently a Consultant and a National Instructor/Trainer)

CA Governor Appointee as Deputy Director for CA St. Dept. of Toxic Substances Control (DTSC) & Deputy Exe. Officer at South Coast AQMD

Master of Science (M.S.) in Chemical Engineering from UCLA / Bachelor of Science (B.S.) in Chemical Engineering from CSULB

Pro. Engineer (P.E.) License, Registered Chemical Engineer (Certificate # CH 3822), Board of Professional Engineers, State of California

(Please see Attached Bio) Have over 42 years of experience in air pollution control & environmental protection

Provided Hearing Board training to various air districts' HB members and staff. Certified Hazardous Materials Management certificate from UCI.

Governor's Appointee to Deputy Director at California State Department of

American Institute of Chemical Engineers (AIChE), Air & Waste Management Association (AWMA)

of Toxic Substances Control (September 2016 thru February 2019)

B-1-6APCD 9/23/2020





YES NO



YES NO


Page 2 of 2

(Please see Attached Letter) In addition to my 42 years experience in air pollution control and environmental protection, I have also provided training to various local air pollution control districts' Hearing Board members and staff on variances, orders of abatement and permit appeals and served as expert/key witness in dozens of very sensitive and high profile Hearing Board cases.

I have served as the Hearing Officer or Chairperson at dozens of public hearings related to permitting, CEQA or rule development of various high priority and sensitive projects.

I have a very balanced view of air quality issues, since in addition to my executive level regulatory positions, I have also served for 16 years as the Permit Streamlining Ombudsman and been in charge of Economic Development & Business Retention Program at SCAQMD, in addition to serving as the Deputy Director for DTSC in charge of overseeing cleanup of over 10,000 contaminated sites in California, as well as serving as the Deputy Executive Officer in charge of Permitting/Engineering Program and Compliance/Enforcement Program at SCAQMD.

B-1-7APCD 9/23/2020

August 17, 2020

SLO County Air Pollution Control District Board of Directors

3433 Roberto Court

San Luis Obispo, CA 93401

SUBJECT: SLOCAPCD Hearing Board Position

Dear SLO County APCD Board of Directors,

Thank you for the opportunity to apply for the vacant position(s) for the SLO County APCD Hearing

Board. I am very interested in the “Engineer Member” position at the SLOCAPCD Hearing Board, but if

this position is not available, I am also interested in the “Engineer Alternate” position.

I believe that I am best qualified for this position and have the necessary knowledge of air quality rules

and regulations, air pollution control, public health protection and impacts on businesses operating in California. This is based on my educational background and my more than 42 years of air pollution

control, environmental protection and economic development and business retention work experience. I

am a licensed as a Professional Engineer (P.E.) in Chemical Engineering, issued by the state of California.

In addition, I have conducted training for California air pollution control districts’ Hearing Board members and district staff in areas of variances, orders of abatement and permit appeals and served as an

expert/key witness in dozens of Hearing Board cases. I have also served as the Hearing Officer or Chairperson in dozens of public hearings on permits, environmental documents and rule developments. I

have served as the Governor’s Appointee under Governors Edmund G. “Jerry” Brown and Gavin

Newsom as the Deputy Director at the California State Department of Toxic Substances Control (DTSC)

in charge of overseeing cleanup of over 10,000 contaminated sites in the state of California. I have also served as the Deputy Executive Officer at the South Coast Air Quality Management District (SCAQMD)

in charge of permitting and enforcement programs for over 27,000 stationary sources.

Based on this, I believe that I have a thorough understanding of air quality issues related to variances,

orders of abatement and permit appeals cases filed with the SLO County APCD Hearing Board. I look forward and would welcome the opportunity to further discuss this with the Board of Directors and

provide any additional information you may need. Thank you in advance for your consideration.

Sincerely,

Mohsen Nazemi, M.S., P.E.

B-1-8APCD 9/23/2020

Mohsen Nazemi, M.S., P.E. Senior Environmental and Strategic Policy Advisor

Mohsen Nazemi has over 42 years of public/regulatory agency, private sector, academic and research experience

in engineering, air quality, hazardous materials, contaminated site remediation and other environmental fields. His

experience includes engineering, permitting, compliance, enforcement, rule and policy development and

implementation, and teaching and training with more than 27 years at executive and senior management levels, at

South Coast Air Quality Management District (SCAQMD) and California State Department of Toxic Substances

Control (DTSC).

Professional Experience

Most recently Nazemi has worked as a private Consultant, where he has provided environmental and air quality

strategic and policy advice. In addition, he has been conducting Hearing Board training for local agencies

Hearing Board members and staff in California and is presently conducting environmental and air quality training

nationally for various state agencies staff throughout the U.S.

Prior to that for two and a half years, Nazemi was the Governor’s Appointee and served under California Governors

Edmund G. “Jerry” Brown and Gavin Newsom as the Deputy Director for the Site Mitigation and Restoration Program

(previously called Brownfields and Environmental Restoration Program) at DTSC. He was responsible to provide

regulatory oversight for the investigation, cleanup and restoration of both soil and groundwater at all contaminated

properties in California. Nazemi directed a staff of about 375 engineers, scientists, geologists, toxicologists, analysts

and other professionals with an annual budget of over $130 million to oversee restoration of approximately 1,700

contaminated sites throughout California. These include about 100 sites on the federal National Priorities List (NPL),

under the Superfund program, and dozens of state orphan sites, which are contaminated sites without known

financially viable responsible parties, as well as several hundred voluntary cleanup sites. He also oversaw the largest

residential cleanup project in the state of California, and one of the largest in the U.S.

Prior to that for eight years, he served as the Deputy Executive Officer for the Office of Engineering and

Compliance at SCAQMD, responsible for overseeing a staff of over 320 engineers, scientists, inspectors, and

other technical and administrative personnel and an annual budget of over $30 million. He led all engineering

and air quality compliance programs for more than 27,000 facilities located within the SCAQMD region. This

region includes all of Orange, and the urban portions of Los Angeles, San Bernardino and Riverside Counties, an

area of 10,743 square miles with a population of about 17 million people. He was responsible for overseeing

engineering evaluations, permitting, CEQA coordination, compliance and enforcement activities for major

(RECLAIM and Title V) and non-major polluting facilities. These sources included refineries, power plants, oil and

gas production, municipalities, public utilities, solid and liquid waste management, battery recycling, metal melting

and other manufacturing and service facilities releasing criteria pollutants, air toxics and greenhouse gases.

Prior to the Deputy Executive Officer position, he has held several different positions with SCAQMD, serving for

nine years as Assistant Deputy Executive Officer in the Engineering and Compliance Office with primary

responsibility for engineering evaluation, permitting, and CEQA coordination. Prior to that position, he served as

Senior Engineering Manager in charge of the Refinery/Energy and Outer Continental Shelf and the Air Toxics

and Global Climate Changes Strategies sections of SCAQMD for nine years. At this position, he was responsible

for rule and policy development, engineering, permitting, compliance and enforcement with focus on refineries,

oil and gas production, energy producing, and hazardous waste generation, treatment, storage, and disposal

facilities. He managed and was responsible for policy development, implementation and coordination of Title I

New Source Review, Title III Air Toxics, and Title V Operating Permit Programs under the federal Clean Air Act.

He was also responsible for implementation and coordination of the state regulations for air toxics control

measures and portable equipment registration program at SCAQMD.

B-1-9APCD 9/23/2020

Mohsen Nazemi, M.S., P.E. Page 2

Before joining SCAQMD, he worked in private sector at Filtrol Corporation, developing various catalytic processes

used for nitrogen oxide reduction, hydro desulfurization (HDS) and fluidized catalytic cracking unit (FCCU)

operations. He has also conducted extensive research and written a Thesis in air pollution control.

He has also taught several environmental courses on air pollution fundamentals, toxic substances and health risk

assessment and risk management at the University of California at Irvine (UCI).

Other Qualifications

Nazemi has served as the Permit Appeals Officer and Hearing Officer for numerous public hearings on

environmental impact reports and cleanup decisions, land use covenants and enforcement orders while he was at

DTSC. He was the Permit Streamlining Ombudsman, overseeing the Permit Streamlining Office at SCAQMD and

was directly responsible for the SCAQMD’s Economic Development and Business Retention program for 16

years. He has also served as the Hearing Officer on several Title V Permit Hearings at SCAQMD.

Nazemi has chaired, co-chaired and been a member of numerous national, state-wide and local advisory and

inter-agency committees, task forces and associations. He was invited by governments of Chile and South Korea and

has travelled to Santiago and Seoul and provided expert advice to their governments’ environmental agencies and

municipalities. He has also advised delegations from several other countries, by providing their governments and

private sectors representatives with expert consultation on planning, rule development and implementation of

advanced technologies, air quality control and market incentive permitting and enforcement programs.

Nazemi has provided many extensive expert testimonies, depositions and declarations in various litigation cases

and testified at regulatory, legislative and court hearings. These include some of the most controversial, highly

visible and politically sensitive projects which had national, and some international, precedence setting

importance. He has represented management on labor management negotiations, and been management

representative member in Grievance and Fee Review Committees. Also has served as the decision maker in a

number of settlement meetings and mediations in various litigation cases. Nazemi has sat on expert panels and

provided presentations at hundreds of international, national and regional conferences, symposiums,

associations and public meetings.

Education

Master of Science (M.S.) in Chemical Engineering from University of California at Los Angeles (UCLA) and

completed his Thesis in the use of Selective Catalytic Reduction (SCR) for control of air pollution (nitrogen

oxides) from fossil fueled combustion sources.

Bachelor of Science (B.S.) in Chemical Engineering, Cum Laude, from California State University at Long

Beach (CSULB).

Professional Engineering (P.E.) certification in Chemical Engineering in state of California.

Certified Hazardous Materials Management credentials from the University of California at Irvine and from

the National Academy of Hazardous Materials Management in Rockville, Maryland.

B-1-10APCD 9/23/2020




Applying for:


Name:




Residence Address

Mailing Address



Education:

Licenses &

Registrations:






Page 1 of 2

August 16, 2020

Engineer

Nelson Yarrow Michael

20


same

Professor of Environmental Engineering, Cal Poly

Ph.D. and M.S. Environmental Engineering, Cornell University

B.S. Chemical Engineering, U.C. Berkeley

Completed Air pollution control courses at U.C. Berkeley and Cornell University; Taught air pollution classes at Cal Poly

Worked as a chemical engineer at an oil refinery and a PV factory, Conducted air pollution research at Cal Poly

APCD Hearing Board Member since 2001. Vice Chair since 2015

American Chemical Society, Division of Environmental Chemistry

Acting Chair APCD Hearing Board for ODSVA hearings for past 2 yrs

B-1-11APCD 9/23/2020





YES NO



YES NO


Page 2 of 2

Please see attached

B-1-12APCD 9/23/2020

CAL POLY

California Polytechnic State University San Luis Obispo, CA 93407--0353

Civil and Environmental Engineering (805) 756-2947

The California State University•Bakersfield•Channel Islands• Chico•Dominguez Hills•East Bay•Fresno•Fullerton•Humboldt•Long Beach•Los Angeles•Maritime Academy• Monterey Bay•Northridge•Pomona•Sacramento•San Bernardino•San Diego•San Francisco•San Jose•San Luis Obispo•San Marcos•Sonoma•Stanislaus

August 16, 2020

TO: San Luis Obispo APCD Board

FROM: Yarrow Nelson, Vice Chair APCD Hearing Board

RE: Re-application for the APCD Hearing Board

I would like to continue serving the County of San Luis Obispo through another term as a member of the APCD Hearing Board. I have been a member of this board since 2001, giving me great experience hearing cases in this county and learning the protocols for the hearing board. I was elected Vice Chair about 5 years ago, and I have been serving as Acting Chair for the ODSVA hearings for the past few years. I believe we have made great progress in the ODSVA hearings as we facilitated the development of stipulated abatement orders which were agreeable to both parties. My continued service on this board would provide valuable continuity as these hearings continue.

I have extensive engineering background in the field of air pollution control. I hold a B.S. degree in Chemical Engineering from U.C. Berkeley as well as two advanced engineering degrees from Cornell University, including a Ph.D. in Environmental Engineering. Early in my career I had industrial experience working on design of air pollution control systems for an oil refinery and then a photovoltaic factory. The oil refinery experience is particularly useful for the hearing board because we have a refinery in our district. In the past, the APCD Hearing Board has approved variances for this refinery, and I believe it was helpful to have an engineer on the board who doesn’t work at that refinery.

I do not hold a PE license because California does not offer a PE specifically for environmental engineers. The California PE requires environmental engineers to obtain a civil engineering PE with a specialization in environmental engineering. I am a chemical engineer and an environmental engineer, not a civil engineer. There is a chemical engineering PE license in California, but it is only a title license which does not provide for independent practice. I believe my extensive academic and industrial background, and experience specifically in air pollution demonstrate my qualifications far more than a PE in civil engineering.

In addition to my teaching and industrial experience, I have also conducted laboratory research on air pollution control and many other environmental engineering topics. My most recent research project was treating NOx emissions using algae. I have served as the principal investigator for dozens of research projects at Cal Poly, and this research experience has given me analytical expertise which is very helpful for understanding the complexities of the factors affecting air pollutant transport. This is particularly useful for interpreting data from the many tests and experiments conducted at the Oceano Dunes.

Thank you for considering my reappointment to the Hearing Board. Sincerely, Dr. Yarrow Nelson Professor

B-1-13APCD 9/23/2020

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SUMMARY RECOMMENDATION BACKGROUND - Granicus