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 September in Microsoft Word 6.0 can be downloaded here.
1. Opening Comments: Jon D. Mikels, Chairman, Other Board Members, and James M. Lents, Ph.D., Executive Officer
2. Minutes of August 11, 1995 Board Meeting (Dix) (909) 396-2500
3. Report of the Public Advisor, Small Business Assistance, and Economic Development Offices
(Bowen)
(909) 396-3235
(lbowen@aqmd.gov )
This report highlights the activities of the Public Advisor, Small Business Assistance, and Economic Development Offices for the month of July 1995.
4. AQMD Advisor, September 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 Consider Amendments to the AQMD's Rules and Regulations, and to Adopt Any Necessary California Environmental Quality Act Documentation for the Following Rules:
Set Hearings for October 13, 1995:
5. Amend Rule 1610 - Old Vehicle Scrapping (Broadbent)
(909) 396-3789
(jbroadbent@aqmd.gov)
Proposed amendments have been developed to improve consistency between Rule 1610 and other recently-adopted AQMD regulations. Specifically, the proposed amendments will extend the life of Rule 1610 MSERCs from 3 to 5 years and allow for the generation of CO MSERCs to be consistent with Rule 1501.1. In addition, amendments to definitions and increased flexibility in the use of Rule 1610 MSERCs are proposed.
6. Amend Rule 301 - Permit Fees (Leyden)
(909) 396-3120
( pleyden@aqmd.gov )
The proposed amendments provide for a waiver of permitting and annual operating fees for businesses creating high employment and low levels of emissions. "Super-clean" businesses that create more than 500 jobs, while producing half the emissions per employee identified in the 1994 AQMP for the Year 2010 goal for that industry, will be eligible for the fee waiver for two years.
Set Hearings for November 17, 1995:
7. Amend Regulation XIII - New Source Review and Rule 212 -
Standards for Approving Permits (Leyden)
( 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; adjust the Priority Reserve; define the equivalency demonstration process; narrow exemptions; streamline trading zones; forgive positive NSR balances for offset purposes; and 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.
This item has been continued to October 12, 1995.
8. 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 September 18, 1995.
9. Report on Public Outreach Materials of the AQMD
(Lents)
(jlents@aqmd.gov )
This item was reviewed and approved by the Administrative Committee on September 18, 1995.
10. Report of Hearing Board Variances and Appeals (Abel/Mieras)
11. Report of Fiscal Year 1994-95 Budget Transfers
(Pearce)
(909) 396- 2828
(rpearce@aqmd.gov )
This is a report of the FY 1994-95 budget transfers that were approved by the Board or the Executive Officer.
12. Recommendation to Award Technical Support Contracts
(Lloyd)
(909) 396-3245
( alloyd@aqmd.gov )
Technology Advancement administers and manages the State-mandated Clean Fuels Program to support and promote the development, demonstration and ultimate commercialization of advanced clean fuels and low-emission technologies. To cover the broad range of technologies being developed with sufficient technical understanding and project oversight, staff relies on the technical assistance and support of a number of uniquely qualified contractors. Staff recommends award of level-of-effort contracts with four consultants. The total proposed amount of funding for these four contracts is $165,000. This item was reviewed and approved by the Technology Committee on August 9, 1995.
13. Recommendation to Release a Request for Proposals for Rule 1501.1 Air
Quality Investment Program (Wallerstein) (909) 396-3131
(bwallerstein @aqmd.gov )
Rule 1501.1 - Alternatives to Work Trip Reduction Plans was adopted on April 14, 1995 to provide compliance alternatives to Rule 1501 - Work Trip Reduction Plans. As an alternative compliance option, Rule 1501.1 allows employers to invest in an Air Quality Investment Program (AQIP). The AQIP revenues are to fund the most cost-effective proposals that can demonstrate reduction of mobile source emissions to a level equivalent or better than that achieved under Rule 1501. Staff seeks Board approval to release an RFP to solicit proposals on an ongoing basis. All contracts to be awarded under the RFP will be subject to Board approval. This item was reviewed and approved by the Mobile Source Committee on August 25, 1995.
14. Status Report on Lead Agency Projects and Environmental Documents Received
by the AQMD (Broadbent) (909) 396-3789
(jbroadbent@aqmd.gov)
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.
15. Recommendation to Award Bid for Application of an Episodic Aerosol/Visibility Model to the South Coast Air Basin (Broadbent)
(jbroadbent@aqmd.gov)
At its July 14, 1995 meeting, the Board approved the release of an RFP for Application of an Episodic Aerosol/Visibility Model to the South Coast Air Basin. Bids were reviewed by an evaluation panel and the most qualified bidder, Sonoma Technology Inc., is recommended to be awarded the contract, at a cost not to exceed $119,780. Funds have been allocated in the FY 1995-96 Planning and Policy, Professional and Special Services Budget for this project as part of the Board's approval of the PM10 Technical Enhancement Program. This item was reviewed and approved by the Mobile Source Committee on August 25, 1995.
16. Recommendation to Purchase Personal Computer Hardware, Software and Installation Services (Mathur)
(909) 396-2722
(vinitam@aqmd.gov )
On February 10, 1995 the Board approved a list of three bidders
for the purchase of personal computer hardware, software and installation
services for a two-year period based upon the results of the RFQ.
The first purchase was made in March 1995 to upgrade AQMD's personal
computers and to support a Microsoft Windows environment. Staff
has received new quotes from the pre-qualified bidders and is
recommending approval for the second personal computer upgrade
purchase. Funds totaling $375,000 have been allocated in the FY
1995-96 Budget for this project. This item was reviewed and approved
by the Administrative Committee on
August 18, 1995.
17. Rule Forecast Report (Leyden) (909) 396-3120
(pleyden@aqmd.gov )
18. Recommendation to Release a Request for Proposals to Prepare Air Toxics "Hot Spots" Information
and Assessment Act Health Risk Assessments (Leyden)
( pleyden@aqmd.gov )
At its August 11, 1995 meeting, the Board directed staff to develop a voluntary pilot program. Under the program, AQMD will prepare HRAs for facilities in the AB 2588 program. As a part of the program's development, the AQMD will retain one or more consultants through the standard competitive bidding process to prepare the HRAs at a fixed cost. This item was reviewed and approved by the Stationary Source Committee on August 18, 1995.
19. Recommendation Regarding Requests for Quotations to Pre-qualify
Providers of Compressed Gases and Cryogenics for Laboratory Use
(Liu) (909) 396-2105
On March 10, 1995 the Board received and filed a report outlining administrative policy and procedure changes made by the Executive Officer relating to the purchase of non-consultant services and supplies. One of these changes was a requirement of establishing, through Board approval, a list of pre-qualified vendors of such services and supplies. This recommendation is to obtain Board approval to release RFQs which will be used to establish a list of pre-qualified vendors from whom competitive bids may be solicited for the purchase of compressed gases and cryogenics for AQMD laboratory use for FY 1995-96 and FY 1996-97. This item was reviewed and approved by the Administrative Committee on August 18, 1995.
20. Recommendation Regarding Memoranda of Understanding With
the Federation of Public Sector Workers (Nikkila) (909) 396-3010
(nnikkila @aqmd.gov )
This recommendation is to obtain Board approval of the MOU between the AQMD and the Federation of Public Sector Workers regarding the terms and conditions of employment for employees in the Technical and Enforcement and Office Clerical and Maintenance bargaining units.
21. Recommendation Regarding Memorandum of Understanding With
the San Bernardino Public Employees Association (Nikkila)
(nnikkila @aqmd.gov )
This recommendation is to obtain Board approval of the MOU between the AQMD and the San Bernardino Public Employees Association regarding the terms and conditions of employment for employees in the Professional bargaining unit.
22. Recommendation to Pre-Qualify Vendors to Provide Various Non-Consultant Services and Supplies (Jason) (909) 396-2065
On June 9, 1995 the Board approved the release of RFQs to solicit
bids from vendors who can pre-qualify to provide the AQMD with
various non-consultant services and supplies. This recommendation
is to pre-qualify vendors for the purchase of photocopy/printing
paper and unleaded fuel. This item was reviewed and approved by
the Administrative Committee on
August 18, 1995.
BOARD CALENDAR
Note: The Advisory Council did not meet in August. The next meeting of the Advisory Council will be September 28, 1995.
23. Administrative Committee Report (Mikels)
Staff: Nikkila (909) 396-3010
24. Legislative Committee Report and Recommendations (Burke)
Staff: Witherspoon (909) 396-3243
25. Mobile Source Committee Report (Haggard)
Staff: Wallerstein (909) 396-3131
26. Stationary Source Committee Report (Lee)
Staff: Leyden (909) 396-3120
27. Planning Committee Report (Lee/Haggard)
Staff: Wallerstein (909) 396-3131
28. Technology Committee Report (Paulitz)
Staff: Lloyd (909) 396-3245
29. Air Resources Board Monthly Meeting Report (Silva)
30. Interagency AQMP Implementation Committee Meeting Report (Mikels)
Staff: Bowen (909) 396-3235
31. Mobile Source Air Pollution Reduction Review Committee Report (Paulitz)
Staff: Bowen (909) 396-3235
PUBLIC HEARINGS
32. Adopt Proposed Rule 310 - Amnesty for Unpermitted Equipment
(Bowen)
(lbowen@aqmd.gov )
This proposed rule will implement Item X of the Business Clean Air Partnership Action plan by creating an incentive for unpermitted sources to apply for required permits, thereby assuring compliance with AQMD rules and regulations and a "level playing field" for all businesses in the SCAB. This one-time only amnesty program will last six months.
33. Amend Regulation VII - Emergencies (Broadbent) (909)
396-3789
(jbroadbent@aqmd.gov)
As part of the AQMD Business Clean Air Partnership, amendments to Regulation VII - Emergencies are proposed to eliminate emergency plan submittal requirements, streamline reporting actions, and simplify episode notification. Regulation VII amendments would also increase guidance to schools for reducing children's exposure during smog episodes.
34. Adopt the Recommendations of the Best Available Control Technology Methodology
Report (Leyden/Lloyd)
( pleyden@aqmd.gov )
( alloyd@aqmd.gov )
With the assistance of the Scientific Review Committee, staff has prepared a BACT Methodology Report. The report recommends policies and criteria that will lay the foundation for the next revision to the BACT Guidelines. Based on these recommendations, the next BACT Guidelines will be better documented and more user-friendly than ever before, and will be the result of a thorough and open public process.
35. Amend Rule 1136 - Wood Products Coatings (Fray)
(909) 396-3030
( wfray@aqmd.gov )
The proposed amendments to Rule 1136 make changes requested by EPA relating to capture efficiency and test method requirements. The amendments also clarify language and definitions, add a provision for averaging, and extend the compliance date for VOC limits for architectural millwork coatings. In addition, alternative proposals have been developed pursuant to comments at the August Board meeting which would: 1) extend the compliance date for clear topcoats, pigmented coatings, and sealers until July 1, 1996; 2) allow averaging without discounting; and 3) provide incentives for companies that convert to waterbased coatings. Also, proposed resolution language would direct staff to present rule amendments to exempt acetone and to provide further incentives to utilize waterbased coatings.
36. Amend Rule 461 - Gasoline Transfer and Dispensing (Fray)
( wfray@aqmd.gov )
The proposed amendments will incorporate new procedures and technologies in order to further enhance the effectiveness of the Phase I and Phase II vapor recovery systems and thereby reduce the VOC emissions from gasoline transfer and dispensing operations. The amendments include a self-compliance program and a number of new rule measures, originating from the Federal Implementation Plan (rescinded by President Clinton on April 10, 1995), State Implementation Plan, Air Quality Management Plan and recommendations from the public and staff.
37. Adopt Proposed Rule 1612 - Credits for Clean On-Road Vehicles and Rule 1620 - Credits for Clean Off-Road Equipment
(Broadbent)
(jbroadbent@aqmd.gov)
Proposed Rules 1612 and 1620 will provide greater opportunities to generate MSERCs that could be used as an alternative means of compliance with AQMD regulations. The administrative procedures are similar between the two rules. However, Proposed Rule 1612 applies to on-road motor vehicles and 1620 applies to off-road equipment. The proposed rules would meet the 1994 AQMD commitment for control measures MON-05, MON-06, and MOF-04.
38. Amend Rule 2011 - Requirements for Monitoring, Reporting and Recordkeeping for
Oxides of Sulfur Emissions; and Amend Rule 2012 - Requirements
for Monitoring, Reporting and Recordkeeping for Oxides of Nitrogen
Emissions (Leyden) (909) 396-3120
( pleyden@aqmd.gov )
The objectives of the proposed amendments to Rules 2011 and 2012 are to: (1) establish provisions for reclassifying RECLAIM major sources as large NOx or SOx process units if the facility reduces emissions of these pollutants to the level of their year 2003 allocations and retires their excess RECLAIM Trading Credits; (2) expand the range of acceptable Continuous Emission Monitoring Systems (CEMS) data to 10 to 95 percent of the full CEMS range; and (3) include a more accurate, tiered approach of measuring emissions from major sources when their CEMS are measuring concentrations below 10 percent of the full CEMS range.
39. Amend Rule 1130 - Graphic Arts (Fray)
( wfray@aqmd.gov )
The proposed amendments will include changes required by U.S. EPA and address issues identified by industry and AQMD staff. These proposed amendments include: (1) addition of a purpose and applicability section, (2) language clarifications, (3) increasing the overall control efficiency for publication gravure to a minimum of 75 percent, (4) addition of an equation for calculating the required equivalent overall control efficiency, (5) addition of a prohibition of specification and sale provision, (6) updating the test methods, and (7) limiting the flexographic metallic and matte finish ink exemption to facilities with a potential to emit 10 tons or less per year of VOCs.
CLOSED SESSION
40. 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 54957.6, conference with Labor Negotiator:
Agency Negotiator: Nick Nikkila/Charles Goldstein
Employee Organization: Federation of Public Sector Workers and San Bernardino Public Employees Association
Pursuant to Government Code Section 54956.8, conference with real property negotiator:
Property: 9150 Flair Drive, El Monte, CA 91731
Negotiating Party: Asian Business Co-Op
Under Negotiation: Price and terms of payment
OTHER BUSINESS
41. Recommendation to Adopt Resolutions Authorizing Investments in the Local Agency Investment Fund Administered by the State of California (Pearce) (909) 396-2828
The AQMD is currently invested in the Pooled Surplus Investment Portfolio at the Los Angeles County Treasurer. To take advantage of higher yields offered by the pool administered by the State of California and to diversity its investments, staff is recommending that the Board approve investments in the Local Agency Investment Fund up to the $20 million maximum established by the fund.
PUBLIC COMMENT PERIOD - (Public Comment on Non-Agenda
Items,
Pursuant to Government Code Section 54954.3)
ADJOURNMENT
The September 8, 1995 Board meeting will be adjourned to a
special Board meeting at
9:30 a.m. on October 12, 1995 at AQMD Headquarters, 21865 E. Copley
Drive, Diamond Bar, California.
***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 NSPS = New Source Performance
BACT = Best Available Control Technology Standards
CEMs = Continous Emissions Monitors NSR = New Source Review
CEQA = California Environmental Quality Act PM10 = Particulate Matter < 10 microns
CE-CERT = College of Engineering-Center for Environmental RECLAIM = REgional CLean Air
Research & Technology Incentives Market
CO = Carbon Monoxide RFP = Request for Proposals
CTG = Control Technology Guideline RFQ = Request for Quotations
EPA = Environmental Protection Agency SCAB = South Coast Air Basin
EV = Electric Vehicle SCAG = Southern California Association of
FY = Fiscal Year Governments
HRA = Health Risk Assessment SEDAB = Southeast Desert Air Basin
IAIC - Interagency AQMP Implementation Committee SIP = State Implementation Plan
IGA = Intergovernmental Affairs SOx = Oxides of Sulfur
LEV = Low Emission Vehicle TCM = Transportation Control Measure
MOU = Memorandum of Understanding VMT = Vehicle Miles Traveled
MSERCs = Mobile Source Emission Reduction Credits VOC = Volatile Organic Compound
MSRC = Mobile Source (Air Pollution Reduction) Review Committee ZEV = Zero Emission Vehicle
UPCOMING PUBLIC HEARINGS
60A Hearing to Take Public Comments on the AQMD's Existing
Regulation XV Program or AQMP Indirect Source Measures (Wallerstein)
(909) 396-3131
(bwallerstein @aqmd.gov )
60B Adopt Proposed Rule 2100 - Registration of Portable Equipment
(Fray)
( wfray@aqmd.gov )
This proposed new rule will begin the implementation of Point II of the Action Plan of the Business Clean Air Partnership. Certain types of portable equipment may be registered for a reduced fee. Registered equipment may then be operated here or in any other participating California air district. Participation on the part of the applicant is optional.
60C Amend Rule 431.1 - Sulfur Content of Gaseous Fuels
(Lockie)
(llockie@aqmd.gov )
A number of changes are proposed for the rule to provide additional flexibility for compliance; an exemption is proposed to allow SOx RECLAIM facilities to sell non-compliant refinery gas to non-RECLAIM facilities; the compliance date for landfill gas is proposed to be extended for 18 months; sulfur content in digester gas is determined annually, instead of four consecutive hours; and an interim limit is provided for gas used by small refiners.
60D Amend Rule 1610 - Old Vehicle Scrapping (Broadbent)(909)
396-3789
(jbroadbent@aqmd.gov)
Proposed amendments have been developed to improve consistency between Rule 1610 and other recently-adopted AQMD regulations. Specifically, the proposed amendments will extend the life of Rule 1610 MSERCs from 3 to 5 years and allow for the generation of CO MSERCs to be consistent with Rule 1501.1. In addition, amendments to definitions and increased flexibility in the use of Rule 1610 MSERCs are proposed.
60E Amend Rule 301 - Permit Fees (Leyden) (909) 396-3120
( pleyden@aqmd.gov )
The proposed amendments provide for a waiver of permitting and annual operating fees for businesses creating high employment and low levels of emissions. "Super-clean" businesses that create more than 500 jobs, while producing half the emissions per employee identified in the 1994 AQMP for the Year 2010 goal for that industry, will be eligible for the fee waiver for two years.
-- Amend Rule 1134 - Emission of Oxides of Nitrogen from Stationary
Gas Turbines (Lockie) (909) 396-2390
(llockie@aqmd.gov )
The proposed amendment to Rule 1134 will address SIP recommendations identified by the 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.
-- 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; adjust the Priority Reserve; define the equivalency demonstration process; narrow exemptions; streamline trading zones; forgive positive NSR balances for offset purposes; and 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.
-- Amend Rule 2002 - Allocations for Oxides of Nitrogen and
Oxides of Sulfur (Lockie) (909) 396-2390
(llockie@aqmd.gov )
Rule 2015(c)(3) requires the Executive Officer to perform a technology review for glass furnaces, gray cement kilns, hot-mix asphalt plants, metal-melting furnaces, and steel slab reheating furnaces. This review indicates that increases to the year 2000 emission factors for glass furnaces and gray cement kilns are appropriate. This will result in an increase of approximately 3 - 5 tons per day in the year 2000 allocations. In order to change RECLAIM NOx allocations for affected facilities, Rule 2002 will be amended to reflect the revised emission factors. It will also include any necessary CEQA documents.
-- Amend Rule 1113 - Architectural Coatings (Fray) (909)
396-3030
( wfray@aqmd.gov )
The proposed amendments will reinstate the February 1990 volatile organic compound (VOC) limits for certain specific coatings that were stayed pursuant to a superior court order. A temporary exemption until June 1, 1997 for coatings sold in quart or smaller containers will be added.
-- Amend Rule 1173 - Fugitive Emissions of Volatile Organic
Compounds (Lockie) (909) 396-2390
(llockie@aqmd.gov )
The proposed amendments will lower component leak thresholds for minor gas leaks for valves and fittings to 100 ppm; address any remaining SIP deficiencies identified by the USEPA; incorporate new definitions and amend some of the existing ones to clarify rule provisions; revise leak control requirements to enhance rule implementation; address issues regarding implementation of the inspection and maintenance provisions of the existing rule; and delete or revise unenforceable rule provisions.
-- Amend Rule 430 - Breakdown Provisions (Lockie)
(llockie@aqmd.gov )
The proposed amendment will change the existing rule by introducing language eliminating permit condition violations that occur as a direct result of a valid breakdown. Additionally, administrative language changes will make the rule consistent with current AQMD policies, and eliminate vague and ambiguous wording.