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 Letters and their attachments (if any) for
the month of April 1996 in Microsoft Word 6.0 can be down loaded
(self extracting compressed) from within the individual Board
letter (click on "Attachment"
at the end of the letter ).
CALL TO ORDER
CONSENT CALENDAR (Items 1 through 25)
Note: Consent Calendar items held for discussion will be moved to Item No. 25.
1. Minutes of March 8, 1996 Board
Meeting
Dix (909) 396-2500
(jdix@aqmd.gov )
2. Set a Public Hearing May 10, 1996 to Adopt Proposed Rule 1623 - Credits for Clean Lawn and Garden Equipment
Liu (909) 396-2105
Proposed Rule 1623 will provide a mechanism for generating MSERCs for either voluntarily replacing old high-polluting lawn and garden equipment with new low- or zero-emission equipment, or for selling new low- or zero-emission equipment without replacement. The proposed rule will meet the 1994 AQMP commitment for control measures MOF-03 and MOF-04, as well as provide incentives to accelerate the retirement of old high-polluting equipment and increase the penetration of new low- or zero-emission equipment.
3. Set a Public Hearing May 10, 1996 to Amend Regulation III
- Fees
Leyden (909) 396-3120
(pleyden@aqmd.gov )
Proposed amendments to Regulation III - Fees may include a fee increase equivalent to the change in the California Consumer Price Index for certain types of equipment, alternative fee methodologies to recover AQMD and state costs under the AB 2588 Air Toxics "Hot Spots" program, adjustments to the fee schedule for toxic air contaminants, exemptions for acetone and three other air contaminants for the payment of annual operation permit emissions fees, adjustments to other fees if deemed necessary and equitable, and language for clarification and consistency with other AQMD rules, in particular regarding transportation and mobile source emission reduction credits.
4. Set a Public Hearing May 10, 1996 to Amend Rule 1902 - Transportation Conformity
Wasikowski (909) 396-3264
(cwasikowski@aqmd.gov)
A Memorandum of Understanding (MOU) to implement the interagency
consultation requirements of Rule 1902 has been developed with
SCAG and other transportation agencies. In addition, in 1995,
the federal Transportation Conformity rule was also amended by
the federal government. The proposed amendment will incorporate
the MOU and the recently adopted changes to the federal Transportation
Conformity Rule.
5. Issue Supplemental Requests for Proposals for the Fiscal Year 1995-97 AB 2766 Discretionary Fund Work Program
Longville
The MSRC identified an additional $6 million in AB 2766 Discretionary Program funds which it has decided to utilize in a supplement to the FY 1995-97 Work Program. The supplemental work program would consist of the following five elements: 1) $725,000 for innovative TCM programs, including bicycle transportation, market incentives, and broad-based, land-use training for elected officials; 2) $850,000 to augment the EV Corridor Communities Program; 3) $900,000 for additional research and development projects; 4) $1.8 million for alternative-fueled heavy-duty vehicles, targeting refuse and interstate trucks; and 5) $1.8 million for advanced battery demonstration projects.
6. Issue a Request for Proposals to Hire Outside Litigation Counsel
Baird (909) 396-2302
From time to time the AQMD requires the assistance of outside litigation counsel having expertise and experience in areas including, but not limited to, CEQA law, air quality laws, administrative law, representation of government agencies, constitutional issues, and complex environmental litigation. The purpose of this RFP is to solicit qualified law firms or sole practitioners to establish a pre-qualified list that District Counsel may use to represent the AQMD in possible future litigation where outside counsel is required. The maximum total dollar amount that may be contracted out is $120,000 per year.
7. Amend Contracts with Telos Consulting Services and Mosakin
Corporation to Increase the Funding for Systems Development Work
Mathur (909) 396-2722
At its June 10, 1994 and May 12, 1995 meetings, the Board approved contracts with Telos Consulting Services and Mosakin Corporation to provide system development services on a task-by-task basis. During the contract period, additional funding is needed as new requirements are identified. Staff recommends that contracts be modified to add funding in the amount of $255,000 for Telos and $60,000 for Mosakin, to accommodate projects through June 1996. Funding is included in the Fiscal Year 1995-96 Budget. This item was reviewed by the Administrative Committee on March 22, 1996 and recommended for approval.
8. Amend Contract with Sierra Cybernetics to Increase Funding to Develop Systems for Electronic Permit Application Filing
Mathur (909) 396-2722
To expeditiously implement the Board's Regulatory Reform Initiative to enable electronic filing of permit applications over the Internet, it is necessary to design and develop a computer system, which can be done most cost-effectively by amending an existing contract with Sierra Cybernetics to provide additional funding in the amount of $49,000. This was reviewed by the Stationary Source Committee on March 22, 1996 and recommended for approval.
9. Amend Contract with Shute, Mihaly & Weinberger for Continuing Litigation
Baird (909) 396-2302
In response to a 1993 RFP, AQMD selected Shute, Mihaly & Weinberger as one of two firms assisting District Counsel in handling litigation. The firm currently is leading the defense on two key cases challenging NOx and SOx RECLAIM, and is assisting on a number of other cases. Fiscal year 1995-1996 expenses to date are approximately $40,000; it is estimated that an additional $20,000 will be needed, bringing the total to $60,000.
10. Amend Contract with Stradling, Yocca, Carlson & Rauth for Specialized Legal Services
Baird (909) 396-2302
In response to an Administrative Committee request for advice concerning possible effects of a Los Angeles County bankruptcy on District finances, the AQMD contracted with Stradling, Yocca, Carlson & Rauth to provide the requested opinion. During performance of that work, an urgent need arose for legal assistance in connection with the potential sale of the El Monte facility and the firm's real estate department has been handling that work. Expenses to date are estimated at approximately $45,000 for these two tasks; it is estimated that an additional $15,000 will be needed in this Fiscal Year, bringing the total to $60,000.
11. Execute a Contract to Cost-share the Development of the Interstate Clean Transportation Corridor
Abele (909) 396-3250
Use of alternative fuels in medium- and heavy-duty trucks in the Basin could significantly reduce their emissions. However, many of these trucks come into California from other states. Until the alternative fuel infrastructure can support interstate trucks, a large percentage of fleets cannot use alternative fuels. The proposed contract with Gladstein & Associates will design an alternative fuel infrastructure to link Arizona, California, Nevada, and Utah. Total estimated project costs are $413,000. AQMD funding shall not exceed $50,000. This was reviewed by the Technology Committee on March 21, 1996 and recommended for approval.
12. Execute a Contract to Cost-Share the Demonstration of Alternative Fuel Vehicles in a Rental Fleet Application
Abele (909) 396-3250
Car rental companies in the Basin operate thousands of vehicles. These companies have been reluctant to incorporate alternative fuel vehicles into their operations because they are uncertain about vehicle reliability and acceptance. The proposed contract with Sunline Transit Agency will facilitate the introduction of natural gas vehicles into The Hertz Corporation fleet at Palm Springs Airport, and provide comparative data collection among natural gas, methanol, and gasoline vehicles. Total project cost is approximately $1,500,000; AQMD costshare is $38,000. This was reviewed by the Technology Committee on March 21, 1996 and recommended for approval.
13. Execute a Contract to Cost-Share the Demonstration of Photovoltaic-Integrated
Roofs in a Residential Development
Abele (909) 396-3250
Nehemiah West Housing Corporation (NWHC), a non-profit entity created to provide affordable suburban-style housing in Los Angeles, has proposed to install photovoltaic (PV)-integrated roofs, generating 2 kW each, on 12 new single-family homes in Compton. Traditionally, PV panels are placed on the roof. This project, however, breaks new ground in that the roofs themselves shall consist of PV shingles. Total project cost of $300,000 would be co-sponsored with Enertron Consultants, working for NWHC; AQMD costshare is $100,000. This was reviewed by the Technology Committee on March 21, 1996 and recommended for approval.
14. Execute a Contract to Cost-Share the Development and Demonstration of an Electric Water Delivery Truck
Abele (909) 396-3250
The AQMP emphasizes the use of fuel cell and battery-powered ZEVs as an air-quality attainment strategy. McKesson Water Products (Sparkletts) has proposed to develop and demonstrate a battery-powered electric water delivery truck. Such water delivery trucks start and stop over 200 times per day, and have greater emissions than indicated by their daily use of 70 miles. The cost of the Sparkletts` demonstration program is $377,000, of which AQMD would cost-share in an amount not to exceed $175,000. This was reviewed by the Technology Committee on March 21, 1996 and recommended for approval.
15. Purchase Low-Emission Vehicles and Two Electric-Assist Bicycles
Abele (909) 396-3250
Six existing vehicles in the AQMD's AFV Fleet (Lease) Demonstration Program need to be replaced. Four new low-emission vehicles and two electric-assist bicycles can be purchased at a cost estimated not to exceed $100,000, including tax and license. The low-emission vehicles are: a Ford Taurus fuel flexible vehicle powered by methanol and one natural-gas-powered version of each of the following: Ford Crown Victoria, Ford F-Series pick-up truck, and Dodge Ram pick-up truck. This was reviewed by the Technology Committee on March 21, 1996 and recommended for approval.
16. Recognize and Appropriate Funds From the U.S. Environmental Protection Agency to the AQMD
to be Used to Assist States in Developing Their Small Business
Assistance Programs
Bowen (909) 396-3235
(lbowen@aqmd.gov )
The U.S. EPA has a Peer Match Program to assist states in developing
their Small Business Assistance Programs and has designated the
AQMD as a Peer Match recipient for a grant of $25,000. EPA's guidelines
for fund use include: development of training materials, payment
of travel expenses for participants, and long distance telephone
expenses.
17. Public Advisor's Report
Bowen (909) 396-3235
(lbowen@aqmd.gov )
This report highlights the Public Advisor, Local Government, Small Business Assistance and Economic Development activities for the month of February 1996.
18. Hearing Board Variances and Appeals
Abel (909) 396-2500
Mieras (909) 396-3400
During the period of January 1 through January 31, 1996, the Hearing Board took action on 22 Variances and 0 Appeals. The bulk of the Hearing Board activity during this period continued to involve CEMS-related issues.
19. Rule Forecast
Leyden (909) 396-3120
(pleyden@aqmd.gov )
20. Lead Agency Projects and Environmental Documents Received by the AQMD
Liu (909) 396-2105
This report provides for the Governing Board's consideration a listing of California Environmental Quality Act (CEQA) documents received by the South Coast Air Quality Management District (AQMD) between February 2, 1996 and March 1, 1996, and those projects for which the AQMD is acting as lead agency pursuant to CEQA.
21. Report on the Air Monitoring Program Modernization and Streamlining Plan
Nikkila (909) 396-3010
(nnikkila @aqmd.gov )
In order to operate a modern efficiently functioning air monitoring network, consistent with the projected declining revenue in the years ahead, staff proposes a modernization and streamlining program. Over the next decade, network size will be reduced from 35 to 22 permanent sites. Additionally, modernization of station equipment will introduce automation as well as remote diagnosis and calibration of equipment, resulting in labor savings which will more than offset the capital equipment costs. This was reviewed by the Administrative Committee on March 22, 1996, and recommended for approval..
22. Status Report Regarding Implementation of the "Business Clean Air Partnership"
Bowen (909) 396-3235
(lbowen@aqmd.gov )
This report transmits the status of implementing the 12-Point "Business Clean Air Partnership," specifically, Point 10, a report on the "No-Penalty Amnesty Period for Unpermitted Businesses to Obtain Permits." This report represents the final report on implementation of the "Business Clean Air Partnership," as the remaining 11 Points have been successfully implemented.
23. AQMD Funding Sources and Motor Vehicle Registration Fees
Report to CARB for FY 1994-95
Bowen (909) 396-3235
(lbowen@aqmd.gov )
This report contains information requested by CARB regarding AQMD's sources of funding; data and analyses of the three segments of the AB 2766 Program.
24. Report to the Legislature and the Air Resources Board on the AQMD's Regulatory Activities for Calendar Year 1995
Eichhorn (909) 396-3240
The South Coast Air Quality Management District is required by law to submit a report to the Legislature on its regulatory activities for the preceding calendar year. The report is to include a summary of each rule and rule amendment adopted by the District, number of permits issued or denied, emission offset transactions, three-year budget forecast, the District's response to any recommendations included from the triennial performance audit process, District actions in response to state Board and Legislative recommendations regarding their review of AQMD's budget, and a biennial update on the clean fuels program.
25. Items Deferred from Consent Calendar
BOARD CALENDAR
Note:
A. The ARB did not meet in February. The March meeting will be reported in May.
B. The IAIC met on March 28, 1996, and that meeting will be reported in May.
26. Administrative Committee
Chair: Mikels
Nikkila (909) 396-3010
(nnikkila @aqmd.gov )
27. Legislative Committee
Chair: Burke
Witherspoon (909) 396-3243
28. Mobile Source Committee
Chair: Haggard
Wallerstein (909) 396-3131
(bwallerstein@aqmd.gov )
29. Stationary Source Committee
Chair: Lee
Leyden (909) 396-3120
(pleyden@aqmd.gov )
30. Technology Committee
Chair: Paulitz
Lents (909) 396-2100
(jlents@aqmd.gov )
31. Mobile Source Air Pollution Reduction Review Committee
Board Liaison: Paulitz
Rhinehart (909) 396-2898
32. Advisory Council Minutes of January 25, 1996, Meeting
Board Liaison: Mikels
33. Regulatory Reform Initiative - "Green Carpet" Priority Permitting Service
(Continued from March 8, 1996 Board Meeting)
Leyden (909) 396-3120
(pleyden@aqmd.gov )
During the last few years, AQMD has worked closely with a number of companies to expedite permitting for certain large complex projects. This experience has been very successful. The Board's Regulatory Reform Initiative offers similar green-carpet service to projects that meet certain environmental, technology or job creation criteria. A pilot project is proposed to evaluate implementation of this concept. The details of the pilot project have been developed in collaboration with the California Council for Environmental & Economic Balance (CCEEB). This was reviewed by the Stationary Source Committee on January 19 and recommended for approval.
34. Further Discussion on Proposed Regulatory Reform Initiatives
(Continued from March 8, 1996 Board Meeting)(No Written
Material)
Lents (909) 396-2100
(jlents@aqmd.gov )
At the February 9, 1996 meeting, Councilman Braude proposed several regulatory reform initiatives in addition to those introduced at the January 12, 1996 meeting. The Governing Board directed staff to evaluate the potential to implement these additional regulatory reforms.
35. Analysis of AQMD Treasury Management Options
(Continued from March 8, 1996 Board Meeting)
Pearce (909) 396-2828
This report identifies and evaluates various treasury management options available to the AQMD, including the costs and benefits of implementing each option. Over the last several months the Administrative Committee has been reviewing AQMD's investment and cash management programs performed by the County of Los Angeles. Based upon concerns highlighted by the Orange County bankruptcy, the Administrative Committee has directed staff to provide to the Board an objective comparison of the various treasury management options available to the AQMD and the costs, risks, and benefits associated with each recommendation. This was reviewed by the Administrative Committee on February 16, 1996.
36. Enter into a Memorandum of Understanding Between
the South Coast Air Quality Management District and the Southern
California Association of Governments for Preparation and Implementation
of Revisions to the South Coast Air Quality Management Plan
Liu (909) 396-2105
The AQMD and SCAG have prepared a MOU for preparation and implementation
of future revisions to the AQMP. The MOU addresses issues regarding
scheduling of product development efforts for the 1997 AQMP, designation
of lead agency responsibilities, and the process to resolve any
disputes between the AQMD and SCAG regarding plan development.
This MOU also provides for the AQMD Board and the SCAG Regional
Council to each appoint three members to a Coordinating Committee
which will review the progress of plan development and act as
a conflict resolution body in the event of a disagreement between
the agencies.
PUBLIC HEARINGS
37. Amend Rule 1303 - Requirements (New Source Review) and Rule 2005 - New Source Review for RECLAIM
Leyden (909) 396-3120
(pleyden@aqmd.gov )
The proposed amendments to Rule 1303 - Requirements (New Source Review) and Rule 2005 - New Source Review for RECLAIM will incorporate protection of visibility for Federal Class I areas into Regulations XIII and XX. Protection of visibility for Federal Class I areas and notification of Federal Land Managers are requirements of federal law.
38. Amend the Control Measure Adoption Schedule for the 1994 State Implementation Plan (SIP) Submittal (Continued
from March 8, 1996 Board Meeting)
Leyden (909) 396-3120
(pleyden@aqmd.gov )
AQMD is seeking EPA approval for the inclusion of the 1994 AQMP and SIP submittal into the State Implementation Plan. Prior to approval, AQMD must submit a revised adoption schedule for the 1994 SIP control measures contained in the 1996 Rule Forecast Report (March 1996 version). The 1994 control measures in the 1996 Rule Forecast Report and provided in this package shall serve as the Amended Control Measure Adoption Schedule.
39. Consider Amendments to Subparagraph (f)(7) of Rule 2202 -
On-Road Motor Vehicle Mitigation Options Pertaining to Fees for
the Air Quality Investment Program.
Wasikowski (909) 396-3264
(cwasikowski@aqmd.gov)
At the February 1996 Board Hearing, the Governing Board continued
the discussions regarding the evaluation of appropriate fees for
participation in the Air Quality Investment Program (AQIP). This
item was reviewed by the Mobile Source Committee on March 29,
1996 at which time no action was taken.
CLOSED SESSION
40. Closed Session to Consider Pending or Potential Litigation
and Personnel Matters (No Written Material)
Greenwald (909) 396-2303
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 titles of the
litigation are:
Advincula et al vs SCAQMD, Los Angeles County Superior Court Case
No. BC 109296
San Bernardino Public Employees Association vs SCAQMD, Los Angeles
County Superior Court, Case No. B5030398
Pursuant to Government Code Section 54957.6, to confer with its
Labor Negotiator:
Agency Negotiator: Nick Nikkila/Charles Goldstein
Employee Organization: Federation of Public Sector Workers
OTHER BUSINESS
41. Award Bid for a Child Care Management Firm
Contaoi (909) 396-3038
On February 9, 1996, the Board authorized the release of an RFP
for a child care management firm to operate the Diamond Bar child
care facility. The current operator, Bright Horizons, notified
the District on January 30, 1996, that it will terminate its contract
April 30, 1996, but indicated it would consider remaining until
a new firm could be selected. Last week Bright Horizons notified
AQMD that it would not remain after April 30, 1996. Therefore,
the bid review has been expedited and a decision is expected by
April 10, 1996. Staff will provide a recommendation to the Board
at its April meeting.
PUBLIC COMMENT PERIOD - (Public Comment on Non-Agenda Items, Pursuant to Government Code Section 54954.3)
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
AQMP = Air Quality Management Plan
ARB = California Air Resources Board
AVR = Average Vehicle Ridership
BACT = Best Available Control Technology
CEMs = Continuous Emissions Monitors
CEQA = California Environmental Quality Act
CE-CERT = College of Engineering-Center for Environmental Research
and Technology
CO = Carbon Monoxide
CTG = Control Technology Guideline
EPA = Environmental Protection Agency
EV = Electric Vehicle
FY = Fiscal Year
HRA = Health Risk Assessment
IAIC = Interagency AQMP Implementation Committee
IGA = Intergovernmental Affairs
LEV = Low Emission Vehicle
MOU = Memorandum of Understanding
MSERCs = Mobile Source Emission Reduction Credits
MSRC = Mobile Source (Air Pollution Reduction) Review Committee
NESHAPS = National Emission Standards for Hazardous Pollutants
NOx = Oxides of Nitrogen
NSPS = New Source Performance Standards
NSR = New Source Review
PM10 = Particulate Matters 10 microns
RECLAIM = REgional CLean Air Incentives
Market
RFP = Request for Proposals
RFQ = Request for Quotations
SCAG = Southern California Association of Governments
SEDAB = Southeast Desert Air Basin
SIP = State Implementation Plan
SOx = Oxides of Sulfur
TCM = Transportation Control Measure
VMT = Vehicle Miles Traveled
VOC = Volatile Organic Compound
ZEV = Zero Emission Vehicle