GOVERNING
BOARD AGENDA GOVERNING
BOARD AGENDA A meeting of the South Coast Air Quality Management District Board will be held at 9:30 a.m., in the Auditorium at AQMD Headquarters, 21865 E. Copley Drive, Diamond Bar, California.
The Governing Board package for the month of November in Microsoft Word 6.0 can be downloaded here.
CALL TO ORDER
1. Opening Comments: Jon D. Mikels, Chairman
Other Board Members
James M. Lents, Ph.D., Executive Officer
CONSENT CALENDAR (Items 2 through 28; Recommend Approval):
2. Minutes of October 13, 1995 Board Meeting (Dix) (909) 396-2500
3. Report of the Public Advisor, Small Business Assistance, Economic Development and Local Government Offices (Bowen)(909)
396-3235
(lbowen@aqmd.gov)
This report highlights the activities of the Public Advisor, Small Business Assistance, Economic Development and Local Government Offices for the month of September 1995.
4. AQMD Advisor, November 1995 (Eichhorn)(909) 396-3240
(teichhorn@aqmd.gov)
The latest edition of AQMD Advisor, the news publication of the South Coast Air Quality Management District, is presented as an information item.
Set Public Hearings to Consider Amendments to the AQMD's Rules
and Regulations, and to Adopt Any Necessary California
Environmental Quality Act Documentation for the Following Rules:
For December 7, 1995:
5. Adopt Proposed Rule 518.2 - Federal Alternative Operating
Conditions (Leyden)(909) 396-3120
( pleyden@aqmd.gov )
Proposed Rule 518.2 - Federal Alternative Operating Conditions (AOC), establishes procedures by which owners/operators of Title V facilities seeking a variance from AQMD or state rules may obtain an AOC from the Hearing Board that would be recognized by the EPA. Five major issues are addressed in the proposed rule: 1) federal recognition of variances through the approval of this rule; 2) creation of a SIP Allowance Bank for variances; 3) content of AOC; 4) public participation; and 5) mitigation of excess emissions.
6. Amend Rule 1134 - Emission of Oxides of Nitrogen from Stationary Gas Turbines (Coy)
(909) 396-2434
(ccoy@aqmd.gov )
The proposed amended Rule 1134 will address SIP recommendations identified by U.S. EPA and will give two gas-fired turbines owned and operated by The Gas Company in the SEDAB an extension of time to allow developing dry-low NOx turbine technology to become field ready to meet the rule's requirements. This amendment would delay NOx emission reductions in the SEDAB. In addition, the amendment includes minor modifications for administrative purposes.
7. Rescind Rule 1129 - Aerosol Coatings and Amend Rules 1106.1 - Pleasure Craft Coating Operations; 1107 -
Coating of Metal Parts and Products; 1128 - Paper, Fabric, and
Film Coating Operations; 1130 - Graphic Arts; 1145 - Plastic,
Rubber, and Glass Coatings; and 1151 - Motor Vehicle and Mobile
Equipment Non-Assembly Line Coating Operations (Broadbent)
(909) 396-3789
(jbroadbent@aqmd.gov)
The rescinding of Rule 1129 and proposed amendment of the other coating rules are necessary to make AQMD rules consistent with Section 41712 of the state Health and Safety Code which prohibits local districts from enforcing or regulating VOC limits on aerosol coatings. In addition, the proposed amendment of the definition of "exempt compounds" in each rule will reference Rule 102 - Definition of Terms, to provide a consistent definition between rules.
8. Adopt Proposed Rule 118 - Emergencies (Liu) (909) 396-2105
The proposed rule is in response to public concern regarding
the potential need for emergency support, extended hours of operation,
or additional equipment not permitted by the AQMD in the event
of a State of Emergency. The proposed rule will allow the Executive
Officer the discretion to suspend AQMD rules and regulations in
the event of a Governor-declared State of Emergency. The suspension
would be specific to the needs and circumstances of the emergency
and may apply only to specific areas of the SCAB. This item was
reviewed and approved by the Stationary Source Committee on
October 27, 1995.
9. Amend Regulation XX - Regional Clean Air Incentive Market
(RECLAIM) (Leyden)(909) 396-3120
( pleyden@aqmd.gov )
The proposed amendments will make changes suggested by EPA to receive SIP approval. Issues include: definitions, variances, NSR, Executive Officer discretion, test methods, and Economic Incentive Program showings. The proposal also reviews technologies for glass melting furnaces, gray portland cement kilns, steel slab reheating, metal melting furnaces, and hot mix asphalt. Revisions will be proposed for year 2000 emission factors for some of these industries. Additionally, staff has made rule clarifications and
proposed two exemptions from RECLAIM for ski resorts and San Clemente Island.
For December 8, 1995:
10. Adopt Proposed Rule 2202 - On-Road Motor Vehicle Mitigation Options and Rescind Rules 1501 and 1501.1 (Wasikowski)
(909) 396-3264
(cwasikowski @aqmd.gov )
At its October 13, 1995 meeting, the Board directed staff to return in December with a new rule designed to replace Rules 1501 - Work Trip Reduction Plans and Rule 1501.1 - Alternatives to Work Trip Reduction Plans. Proposed Rule 2202 would provide employers with a menu of emission reduction options, which employers can choose to reduce mobile source emissions in order to meet their site-specific emission reduction target. The proposed rule would also include optional participation in an Air Quality Investment program and the voluntary use of employee commute reduction activities as alternative compliance options. Proposed Rule 2202 is designed to result in equivalent emission reductions to implementation of Rules 1501 and 1501.1.
11. Status Report Regarding Implementation of the Business
Clean Air Partnership (Lents)(909) 396-2100
(jlents@aqmd.gov )
This item was reviewed and approved by the Administrative Committee on October 27, 1995.
12. Report of Civil Actions Filed (Mieras)(909) 396-3400
13. Report of Hearing Board Variances and Appeals (Abel/Mieras)
14. Recommendation to Adopt a Resolution Amending Resolution No. 94-5 as Reaffirmed by
Resolution No. 95-17 Regarding the Issuance of Bonds to Retire
the Unfunded Accrued Liability for Employees Participating in
the San Bernardino county Employees' Retirement Association and
Authorizing Additional Related Actions (Pearce)(909) 396-2828
(rpearce@aqmd.gov )
Refunding, through the issuance of Taxable Pension Obligation Refunding Bonds, of the AQMD's current unfunded retirement liability with the San Bernardino County Employee's Retirement Association could save the AQMD, if current market conditions continue, $4 to $5 million over the next 27 years. Staff recommends that previously approved resolutions authorizing the AQMD to issue bonds jointly with the County of San Bernardino be amended to allow the AQMD to issue bonds independent of the county of San Bernardino if market conditions indicate a refunding is economically prudent for the AQMD. This item was reviewed and approved by the Administrative Committee on October 27, 1995.
15. Approve Selection of Consultant as Zero-Emission Vehicle "Quick Charge" Outreach Coordinator for Fiscal Year 1995-97 AB 2766 Discretionary Work Program (Longville)(909) 396-2898
As part of the FY 1995-97 AB 2766 Discretionary Work Program, the MSRC proposed a three-part Zero-Emission Vehicle "Quick Charge" Program, including an RFQ for buydown incentives, an EV Corridor Communities Program, and an RFP to obtain a consultant to act as outreach coordinator to facilitate these program requirements. The Outreach Coordinator RFP closed on September 19, 1995, following which a subcommittee, consisting of MSRC Technical Advisory Committee members, evaluated the eight proposals received and interviewed three finalists. On November 9, 1995, the MSRC considered the TAC's recommendation and approved the 18-month appointment of a consultant as the ZEV "Quick Charge" Outreach Coordinator. To meet the timelines in the ZEV "Quick Charge" Program, this consultant needs to be under contract by mid-December 1995. Consequently, the MSRC is currently requesting the Board's approval to contract with this consultant as part of the FY 1995-97 AB 2766 Discretionary Work Program.
16. Recommendation to Cosponsor Demonstrations of Natural Gas Engines in Heavy-Duty Trucks (Lloyd)(909)
396-3245
(alloyd@aqmd.gov )
At its May 12, 1995 meeting the Board approved an RFP for the demonstration of alternative fuels in heavy-duty trucks, in an amount not to exceed $1,000,000. Staff proposes the award of two contracts under this RFP, one to the Sanitation Districts of Orange County, California, for $447,000 for the demonstration of a Caterpillar dual-fuel (diesel/compressed natural gas) engine in municipal biosolids transport trucks, and to Acurex Environmental Corporation for $553,000 for the demonstration of Cummins engines utilizing liquefied natural gas in Class 8 trucks. This item was reviewed and approved by the Technology Committee on October 11, 1995.
17. Recommendation to Cosponsor a Navigation System and Traffic Data Field Test (Lloyd)
(alloyd@aqmd.gov )
Amerigon Incorporated has proposed a two-phase program to evaluate the effectiveness of combining AudioNav, its voice-activated, automated, in-vehicle navigation system, with traffic data to relieve congestion and reduce air pollution. Amerigon is only seeking funding for Phase I at this time. In Phase I, Amerigon intends to modify AudioNav to utilize traffic data and would conduct field testing using simulated real-time traffic data. The total Phase I cost is $924,790. Cofunders would include the AQMD ($100,000), the California Energy Commission ($325,000), and Amerigon ($499,790). This item was reviewed and approved by the Technology Committee on October 11, 1995.
18. Recommendation to Recognize Revenue from the U.S. Environmental Protection Agency and Appropriate Funds
to Cosponsor CALSTART's Electric Station Car/Corridor Shuttle
Program (Lloyd)
(alloyd@aqmd.gov )
The AQMD, in conjunction with CALSTART, submitted a proposal for funding under the Environmental Technology Initiative (ETI) program to demonstrate electric station car technology within the SCAB. As a result, the EPA awarded and reserved $250,000 in FY 1995 ETI grant funds for the AQMD to develop and deploy electric station cars in the Lancaster and San Bernardino areas. Staff recommends that upon receipt of these funds, the Board recognize and appropriate the $250,000 in EPA funding to the FY 1995-96 Technology Advancement budget and approve the contract with CALSTART. This item was reviewed and approved by the Technology Committee on October 11, 1995.
19. Status Report on Lead Agency Projects and Environmental Documents Received by the AQMD (Liu)(909) 396-2105
This report provides a monthly listing of environmental documents received by the AQMD, and a summary of projects for which the AQMD is preparing environmental documentation. Monthly listings which are shaded note those environmental documents for which the AQMD staff has or will prepare and submit comments to the lead agency.
20. Ninth Semi-Annual Report of the Coachella Valley PM10 Technical Working Group (Liu)
As part of Resolution No. 90-49 adopting the 1990 SIP for PM10 in the Coachella Valley, the Board established a TWG to evaluate technical information and to resolve technical issues encountered during SIP implementation and its subsequent 1994 revision. One of the requirements of the TWG is to prepare semi-annual progress reports to the Governing Board and the Coachella Valley Association of Governments' Executive Committee. This is the ninth semi-annual report and covers the period January 1, 1995 through June 30, 1995.
21. Recommendation to Execute a Memorandum of Understanding for the City of Los Angeles' Contribution to
the PM10 Technical Enhancement Program, and Recognize Other Cosponsor
Contributions to PTEP as a Supplement to the FY 1995-96 Budget
(Liu)(909) 396-2105
At its July 1995 public hearing, the Board recognized $200,000 in co-sponsorship funds for PTEP from the City of Los Angeles (City). At the City's request, an MOU has been prepared for execution by the Board in order for the City to disburse these funds. In addition, staff recommends that additional co-sponsorship funds from the Western States Petroleum Association ($60,000), CalMat ($250), and Southern California Rock Products Association ($250) be recognized as a supplement to the FY 1995-96 Budget. This item was reviewed and approved by the Administrative Committee on October 27, 1995.
22. Recommendation to Amend Contracts for Review and Data Entry of AB2588 Air Toxics Inventory Plans and Reports (Broadbent)(909)
396-3789
(jbroadbent@aqmd.gov)
Previously, the Board approved contracts for a total of $750,000 to three contractors to review and correct plans and reports under the AB2588 Air Toxics Hot Spots Program. A portion of the contract money, reserved for additional reports, was not encumbered by June 30, 1995. Also, one contractor was terminated for poor performance and the residual contract money reverted to the Air Toxics Special Revenue Fund. This recommendation is to re-authorize up to $204,561 in AB2588 expenditures to complete the review of the remaining work. The total amount expended will be under the amount originally approved. This item was reviewed and approved by the Administrative Committee on October 27, 1995.
23. Recommendation to Release a Request for Proposals for Telecommunication Services (Mathur)
(909) 396-2722
( vinitam@aqmd.gov )
AQMD's contract with MCI Telecommunications Corporation for long distance telephone service will expire early next year. Staff has prepared an RFP for Telecommunications Services to ensure that AQMD receives the most cost-effective long distance service available, and to consolidate telephone-related services to one telecommunications provider. Staff is recommending approval for release of this RFP so that a long distance telephone provider can be identified. Funds have been allocated in the FY 1995-96 Budget to purchase these long distance services. This item was reviewed and approved by the Administrative Committee on October 27, 1995.
24. Recommendation to Lease Business Computer Hardware and Software (Mathur)
( vinitam@aqmd.gov )
On June 9, 1995 the Board approved the release of an RFP for new business computer hardware and software. This RFP identified the hardware and software required to replace AQMD's Data General Aviion computer systems. As a result of this RFP, staff is now recommending that a lease be executed with American Technology Credit and Computer Associates, in an amount not to exceed $798,379.80 and $435,036 respectiviely, per year for four years. To begin this lease, $200,000 was allocated in the FY 1995-96 Budget. This item was reviewed and approved by the Administrative Committee on October 27, 1995.
25. Recommendation to Award Contracts for the Air Quality Investment
Program (Wasikowski)(909) 396-3264
(cwasikowski @aqmd.gov )
On September 8, 1995 the Board approved the release of an RFP to solicit proposals for the AQIP funds. Staff has reviewed and evaluated the initial proposals received and is recommending an initial award in the amount of $204,425. Additional proposals will be solicited for future funding. This item was reviewed by the Mobile Source Committee on October 20, 1995.
26. Rule Forecast Report (Leyden)
(909) 396-3120
( pleyden@aqmd.gov )
27. Recommendation to Prequalify Providers of Temporary Employment Services (Nikkila)
(nnikkila @aqmd.gov )
On June 9, 1995 the Board approved the release of an RFP to solicit interest from temporary employment services providers in being prequalified to provide AQMD temporary employment services through the end of FY 1996-97. This recommendation is to obtain Board approval for this prequalification. This item was reviewed and approved by the Administrative Committee on October 27, 1995.
28. This item has been withdrawn.
BOARD CALENDAR
29. Administrative Committee Report
(Mikels)
Staff: Nikkila
(909) 396-3010
(nnikkila @aqmd.gov )
30. Legislative Committee Report and Recommendations
(Burke)
Staff: Witherspoon
(909) 396-3243
31. Mobile Source Committee Report
(Haggard)
Staff: Wallerstein
(909) 396-3131
(bwallerstein @aqmd.gov )
32. Stationary Source Committee Report
(Lee)
Staff: Leyden
(909) 396-3120
( pleyden@aqmd.gov )
33. Technology Committee Report
(Paulitz)
Staff: Lloyd
(909) 396-3245
(alloyd@aqmd.gov )
34. Air Resources Board Monthly Meeting Report
(Silva)
35. Interagency AQMP Implementation Committee Meeting Report
(Mikels)
Staff: Bowen
(909) 396-3235
(lbowen@aqmd.gov)
36. Mobile Source Air Pollution Reduction Review Committee
Report
(Paulitz)
Staff: Bowen
(909) 396-3235
(lbowen@aqmd.gov)
37. Advisory Council Minutes of September 28, 1995 Meeting
(Mikels)
38. Discussion Regarding Designated Deputy Hiring
(Lents)
(jlents@aqmd.gov )
The Board will discuss and may make recommendations regarding the process by which the AQMD recruits and hires individuals at the designated deputy level.
PUBLIC HEARINGS
39. Amend Regulation XIII - New Source Review and Rule 212
- Standards for Approving Permits (Leyden)(909) 396-3120
( pleyden@aqmd.gov )
The proposed amendments to Regulation XIII will address state and federal NSR regulatory requirements. This proposal will replace the Community Bank with a four tons per year exemption level; define the equivalency demonstration process; narrow exemptions; streamline trading zones; forgive exempt emission increases resulting from the transition out of ozone-depleting compounds. The proposed amendments will also address internal combustion engines to be consistent with EPA's national requirements.
40. Amend Rule 102 - Definition of Terms (Leyden)
( pleyden@aqmd.gov )
The proposed amendment will add four new materials to the Exempt Compound definition: acetone, ethane, volatile methylated siloxanes, and parachlorobenzo-trifluoride. Definitions for Executive Officer and PM10 will also be added, and the chemical names of materials listed under Exempt Compounds will be standardized.
41. Adopt Proposed Rule 2100 - Registration of Portable Equipment (Continued
from the October 13, 1995 Board Meeting) (Broadbent)(909)
396-3789
(jbroadbent@aqmd.gov)
The proposed rule would establish an inter-district registration program for certain portable equipment. The public hearing in July was continued after public testimony identified a number of issues, including Assembly Bill 531, that would directly affect the program. Staff has clarified language in the rule on filing for registration and in the staff report on the definition of a project. Internal combustion engines used on marine dredges have been added as an eligible source. In addition, staff proposes the rule to be an interim measure for internal combustion engines until state regulations for these sources go into effect.
42. Amend Rule 431.1 - Sulfur Content of Gaseous Fuels (Continued
from the October 13, 1995 Board Meeting) (Coy)(909) 396-2434
(ccoy@aqmd.gov )
Proposed amendments for Rule 431.1 include an extension of
the compliance date for the
40 ppm sulfur compound limit for landfill gas and a daily average
interim sulfur compound limit of 150 ppm for landfill gas; clarification
of sulfur compound limits for small refineries; and exemption
to allow non-RECLAIM SOx facilities to burn, purchase from, or
sell to RECLAIM SOx facilities gaseous fuels with sulfur compounds
in excess of applicable limits; increased flexibility to use monthly
averaging or compliance for a facility or the aggregate and rule
language cleanup."
CLOSED SESSION
43. Recommendation Regarding a Closed Session to Consider Pending
or Potential Litigation and Personnel Matters (No Written
Material) (Greenwald) (909) 396-2303
( pgreenwald@aqmd.gov )
Pursuant to Government Code Section 54956.9(a) to confer with its counsel regarding pending litigation which has been initiated formally and to which the District is a party. The title of the litigation is: San Bernardino Public Employees Association v. SCAQMD, Los Angeles Superior Court Case No. BS 030398.
OTHER BUSINESS
PUBLIC COMMENT PERIOD - (Public Comment on Non-Agenda
Items,
Pursuant to Government Code Section 54954.3)
ADJOURNMENT
***PUBLIC COMMENTS***
Members of the public are afforded an opportunity to speak
on any listed item. Please notify the Clerk of the Board, (909)
396-2500, if you wish to do so. All agendas are posted at AQMD
Headquarters, 21865 E. Copley Drive, Diamond Bar, California,
at least 72 hours in advance of the meeting. All information concerning
agenda items may be reviewed in the Library at AQMD Headquarters
one week before Board meetings. At the end of the agenda, an opportunity
is also provided for the public to speak on any subject within
the AQMD's authority. Speakers may be limited to three (3) minutes
each.
Note that on items listed on the Consent Calendar and the balance
of the agenda any motion, including action, can be taken (consideration
is not limited to listed recommended actions). Additional matters
can be added and action taken by two-thirds vote, or in the case
of an emergency, by a majority vote. Matters raised under Public
Comments may not be acted upon at that meeting other than as provided
above.
Written comments will be accepted by the Board and made part of
the record, provided 25 copies are presented to the Clerk of the
Board.
ACRONYMS
AQMD = Air Quality Management District NESHAPS = National Emission Standards AQMP = Air Quality Management Plan for Hazardous Pollutants
ARB = California Air Resources Board NOx = Oxides of Nitrogen
AVR = Average Vehicle Ridership NSR = New Source Review
BACT = Best Available Control Technology PM10 = Particulate Matter < 10 microns
CEMs = Continuous Emissions Monitors PTEP = PM10 Technical Enhancement
CEQA = California Environmental Quality Act Program
CE-CERT = College of Engineering-Center for Environmental RECLAIM = REgional CLean Air
Research & Technology Incentives Market
CO = Carbon Monoxide RFP = Request for Proposals
EPA = Environmental Protection Agency RFQ = Request for Quotations
EV = Electric Vehicle SCAB = South Coast Air Basin
FY = Fiscal Year SCAG = Southern California Association of
HRA = Health Risk Assessment Governments
IAIC - Interagency AQMP Implementation Committee SEDAB = Southeast Desert Air Basin
IGA = Intergovernmental Affairs SIP = State Implementation Plan
I&M = Inspection and Maintenance SOx = Oxides of Sulfur
LEV = Low Emission Vehicle TAC = Technical Advisory Committee
MOU = Memorandum of Understanding TWG = Technical Working Group
MSERCs = Mobile Source Emission Reduction Credits VOC = Volatile Organic Compound
MSRC = Mobile Source (Air Pollution Reduction) Review Committee ZEV = Zero Emission Vehicle