4 April 2003
Boeing Faces Regulatory Challenge
California Space Authority


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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