GOVERNING BOARD AGENDA

MEETING, NOVEMBER 14, 1997

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 Letters and their attachments (if any) for the month of November 1997 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

• Opening Comments: Dr. William Burke, Chairman
  Other Board Members
  Barry R. Wallerstein, D. Env., Acting Executive Officer

• Election of Board Chair and Vice Chair for Two-Year Terms of Office Commencing Second Friday in January 1998 and Ending Second Friday in January 2000
  Burke

CONSENT CALENDAR (Items 1 through 21)

Note: Consent Calendar items held for discussion will be moved to Item No. 22.

1. Minutes of October 10, 1997 Board Meeting
Dix (909) 396-2500
(jdix@aqmd.gov )

2. Set Hearing December 12, 1997 to Adopt Proposed Rule 1146.2 - Emissions of Oxides of Nitrogen from Large Water Heaters and Small Boilers
Broadbent (909) 396-3789
(jbroadbent@aqmd.gov)

Proposed Rule 1146.2 will establish emission limits for NOx for new water heaters and small boilers rated between 75,000 and 2,000,000 Btu/hr heat input. Beginning January 1, 2000, new units sold or installed in the AQMD would be certified by the manufacturer to comply with NOx standards. In addition, beginning January 1, 2001, existing units rated at 400,000 Btu/hr or greater would be phased into compliance with NOx emission standards. It is estimated that the proposed rule will reduce about 9 tons per day of NOx. This item is scheduled for review by the Stationary Source Committee on November 21, 1997.

3. Set Public Hearing December 12, 1997 to Amend Regulation IX - New Source Performance Standards
Leyden (909) 396-3120
(pleyden@aqmd.gov)

Federal Clean Air Act § 111(c)(1) authorizes EPA to delegate authority to local air districts to administer and enforce federal NSPS and Emission Guidelines and Compliance Times (EGCT). These federal standards were initially adopted by reference as AQMD Regulation IX on December 3, 1976. Periodic amendments to Regulation IX incorporate new or amended NSPS and/or EGCT by reference as necessary. Currently proposed for incorporation by reference into Regulation IX are NSPS and/or EGCT governing municipal waste combustors, sewage treatment plants, municipal solid waste landfills, hospital/medical/ infectious waste incinerators, nonmetallic mineral processing plants, and sulfuric acid production units.

Budget/Fiscal Impact

4. Execute Contracts for Employee Relations Litigation and Negotiation Services
Baird (909) 396-2302
(bbaird@aqmd.gov)

The RFP for Employee Relations Litigation and/or Negotiation Services was released on March 18, 1997, and reissued on July 11, 1997, to attract responses from a larger number of law firms. The evaluation of twenty proposals has been completed and the evaluation panel recommended that contracts be awarded to three law firms: Gutierrez & Preciado to perform litigation services ($50,000); Best, Best & Krieger to perform negotiation services ($20,000); and Goldstein, Kennedy & Petito ($30,000) regarding in-progress employee relations matters and cases relating to matters in which they have previous experience. The total amount for the three contracts shall not exceed $250,000 per year, and funding has been included in the FY 1997-98 Budget. This item was reviewed by the Administrative Committee on October 24, 1997, and recommended for approval.

5. Execute Contract for Janitorial Services at Diamond Bar AQMD Headquarters
Contaoi (909) 396-3038
(jcontaoi@aqmd.gov)

On August 8, 1997, the Board approved the release of an RFQ for Janitorial Services at the Diamond Bar AQMD Headquarters. This action is to execute a three-year contract with Diamond Contract Services, Inc., for an amount not to exceed $705,868. Funding has been included in the FY 1997-98 Budget and will be requested in successive fiscal years for this contract. This item was reviewed by the Administrative Committee on October 24, 1997, and recommended for approval.

6. Execute and Amend Contracts to Provide Short- and Long-Term Systems Development and Maintenance Support
Mathur (909) 396-2722
(vmathur@aqmd.gov )

Four task order contracts for systems development and maintenance services were approved on February 14, 1997. Because one contractor failed to bid any task orders, a decision was made to issue another RFP to identify additional contractors. On September 12, 1997, the Board approved issuance of an RFP for short- and long-term systems development services. This action is two-fold: to execute a contract with Cordoba Corporation as a result of this procurement and to amend the existing contract with Majesco Software Inc. for additional funding. Sufficient funds for these services ($200,000) are available in the FY 1997-98 Budget. This item was reviewed by the Administrative Committee on October 24, 1997, and recommended for approval.

7. Amend Contract with Stradling, Yocca, Carlson & Rauth for Specialized Legal Services
Baird (909) 396-2302
(bbaird@aqmd.gov)

A need for legal assistance in connection with the sale of the El Monte facility continues to exist. This firm’s real estate department has been providing legal advice to the AQMD as well as representation of the AQMD at negotiations. Expenses are estimated at approximately $30,000 for this task bringing the total amount of this contract to $30,000 for FY 1997-98. This item is being presented to the Board because the total expenditure is over $50,000 for two fiscal years. This item was reviewed by the Administrative Committee on October 24, 1997, and recommended for approval.

8. Amend Contract Regarding AQMD Participation in "Californians for Clean Air Progress" Campaign
Eichhorn (909) 396-3240
(teichhorn@aqmd.gov)

In June, the Board authorized the AQMD to participate in the "Californians for Clean Air Progress" statewide communications campaign in an amount not to exceed $100,000 or an amount equal to the CARB’s contribution, whichever was the lesser amount. Subsequently, CARB found it necessary to reduce its funding commitment to $25,000. This action is to authorize the Acting Executive Officer to amend the contract to permit District participation in the amount of $100,000. This item was reviewed by the Administrative Committee on October 24, 1997.

9. Recognize and Appropriate Funds from U.S. EPA to AQMD to be Used to Develop Enforcement Strategies for Market-Based Programs
Leyden (909) 396-3120
(pleyden@aqmd.gov)

EPA has awarded AQMD with a grant to develop enforcement strategies for market-based programs. The grant provides funding in the amount of $70,100, which will be used to organize, support, and host a national task force composed of members from various state and local air quality regulatory agencies. The enforcement strategies will be developed collectively by the task force members. This action is to appropriate $70,100 to the FY 1997-98 budget. This item was reviewed by the Administrative Committee on October 24, 1997, and recommended for approval.

10. Authorize Purchase of Network File Servers
Mathur (909) 396-2722
(vmathur@aqmd.gov )

This item was withdrawn by staff.

11. Issue RFP for New Finance Accounting System
Mathur (909) 396-2722
(vmathur@aqmd.gov )

AQMD’s current accounting system has served for almost eight years but can no longer accommodate further enhancements in either hardware or software. A new integrated accounting system (including accounting software that duplicates and enhances current functionality, a new computer, and migration of historical data) is needed to achieve efficient unified accounting and finance functions for the agency. This action is to issue an RFP to select a contractor. Funds for these services ($420,000) are included in the FY 1997-98 Budget. This item was reviewed by the Administrative Committee on October 24, 1997, and recommended for approval.

12. Issue RFPs for Legislative Representation in Washington, D.C., and Sacramento, CA
Valdez (909) 396-3780
(lvaldez@aqmd.gov)

There is a need for direct representation of AQMD policy positions and resource needs in Washington, D.C. In addition, there is a need to augment the current legislative program for Sacramento, CA. This action is to issue RFPs for legislative consulting services for both Washington, D.C., and Sacramento, CA. This item was discussed by the Legislative and Administrative Committees on October 24, 1997.

13. Issue RFQ to Purchase Fourier Transform InfraRed Microscope and Workstation Upgrade
Zeldin (909) 396-3058
(mzeldin@aqmd.gov)

AQMD Laboratory performs microscopic analysis for the forensic analysis of fallout samples in response to public complaints and rule enforcement actions. The acquisition of a Fourier Transform InfraRed (FTIR) microscope will allow the Laboratory to identify and confirm sources on a per-particle basis, which will significantly improve the current capabilities. This action is to issue an RFQ to purchase an FTIR microscope and FTIR workstation upgrade to make the Gas Chromatograph/FTIR usable for VOC analysis of paints, coatings, and other products. The total amount for these items is not to exceed $80,000. Sufficient funds are available in the FY 1997-98 budget. This item was reviewed by the Administrative Committee on October 24, 1997, and recommended for approval.

14. Issue RFQ to Purchase Laboratory-based Gas Chromatograph with Mass Spectrometry Detection
Zeldin (909) 396-3058
(mzeldin@aqmd.gov)

AQMD is currently implementing the PAMS fifth-year program. A laboratory-based Gas Chromatograph with Mass Spectrometry Detection (GC/MS) is needed to identify VOCs in the ambient air of the South Coast Air Basin. The EPA has provided funding for this analytical device as part of the fifth-year PAMS allocation. This action is to issue an RFQ to purchase the GC/MS in an amount not to exceed $90,000. Sufficient funds are allocated in the FY 1997-98 budget. This item was reviewed by the Administrative Committee on October 24, 1997, and recommended for approval.

15. Execute Contracts for Local Government Subvention Fund Match Program as Part of FY 1997-99 AB 2766 Discretionary Fund Work Program
Longville

Within the FY 1997-99 AB 2766 Discretionary Fund Work Program, the MSRC created a $6.5 million Local Government Subvention Fund Match Program which, through a simplified application process, provides a 25% match to cities and counties within the AQMD’s jurisdiction that receive AB 2766 City Subvention Funds. Eligible match categories include alternative fuels/electric vehicles, transportation related land-use strategies, public transportation (transit & rail), traffic management, transportation demand management (non-Rule 2202), market-based strategies, bicycles, and public education related to clean vehicles or transportation. Funds will be allocated on a first-come, first-serve basis. The six-month application process is May 15 through November 15, 1997. At this time the MSRC is requesting approval of applications recently submitted by local governments.

16. Approve Research and Development Backup Projects within FY 1997-99 AB 2766 Discretionary Fund Work Program; Authorize MSRC to Adjust Up to An Additional 5% the Funding of Said Projects; Authorize Execution of Agreements
Longville

The Board’s October 10, 1997 approval of the FY 1997-99 AB 2766 Discretionary Fund Work Program included a total of 12 Research and Development (R&D) and TCM projects at $1,859,674 in funding, and provided a backup list of eligible R&D projects which would be presented to the Board at a future meeting if additional funds became available. Staff has identified an additional $1.5 million from turn-back funds and higher interest income. On October 23, 1997, the MSRC reconsidered the backup list for funding within the FY 1997-99 Work Program. The MSRC requests Board approval of two R&D projects intended to assist in the development and certification of a heavy-duty LPG engine and conversion kit; authority to adjust up to an additional 5% the two projects; and authority to execute agreements.

Action Item

17. Consider Adoption of Resolution in Support of the Legislative Reauthorization of the District’s Clean Fuels Program
Liu (909) 396-2105
(cliu@aqmd.gov)

On October 17, 1997 the Board convened a study session to consider issues related to the reauthorization of the District’s Clean Fuels Program. At that time, staff were directed to develop a resolution for expedited consideration by the Board to urge that the State Legislature enact legislation which would extend the District’s authority beyond the current sunset date of August 1, 1999. This action is for the Board to consider the adoption of this resolution. This item was reviewed by the Legislative and Administrative Committees on October 24, 1997, and recommended for approval.

Information Only - Receive and File

18. Public Affairs Report
Valdez (909) 396-3780
(lvaldez@aqmd.gov)

This report highlights the September 1997 activities of the Public Affairs and Local Government Assistance Office which includes the Public Advisor (Small Business Assistance, Economic Development/Business Retention, Outreach Activities), Local Government, Public Records and Media Communications. The latest edition of the AQMD Advisor is included with this report.

19. Hearing Board Variances and Appeals
Camarena (909) 396-2500

During the period of August 1 through August 31, 1997, the Hearing Board took action on 14 Variances and 1 Appeal.

20. Rule Forecast
Leyden (909) 396-3120
(pleyden@aqmd.gov)

21. Lead Agency Projects and Environmental Documents Received by the AQMD
Chang (909) 396-3186
(echang@aqmd.gov)

This report provides for the Board’s consideration a listing of CEQA documents received by the AQMD between September 4, 1997 and October 7, 1997, and those projects for which the AQMD is acting as lead agency pursuant to CEQA.

22. Items Deferred from Consent Calendar

BOARD CALENDAR

Note: The October Technology Committee meeting was canceled. In lieu of the Committee meeting, a special Governing Board Study Session on Clean Fuels Program Reauthorization was held on October 17, 1997.

23. Administrative Committee
Chair: Glover
Wallerstein (909) 396-3131
(bwallerstein@aqmd.gov)

24. Legislative Committee
Chair: Alarcón
Valdez (909) 396-3780
(lvaldez@aqmd.gov)

25. Mobile Source Committee
Chair: Soto
Wallerstein (909) 396-3131
(bwallerstein@aqmd.gov)

26. Stationary Source Committee
Chair: Lee
Leyden (909) 396-3120
(pleyden@aqmd.gov)

27. Mobile Source Air Pollution Reduction Review Committee
Board Liaison: Soto
Rhinehart (909) 396-2898
(lrhinehart@aqmd.gov)

28. Air Resources Board Monthly Meeting
Board Rep.: Silva

29. Governing Board Study Session on Clean Fuels Program Reauthorization
Glover

30. Adopt Charter for and Establish Membership of Environmental Justice Task Force; Modify Charter for and Establish Membership of Local Government & Small Business Assistance Advisory Group; Delegate Authority to Make Additional Appointments From Time to Time; and Report Board Chair’s Appointment of Replacement Member to AQMP Advisory Group
Wallerstein (909) 396-3131
(bwallerstein@aqmd.gov)

The Board established an Environmental Justice Task Force (EJTF) as part of the Environmental Justice Initiatives. Also, the Board has previously reviewed existing advisory groups, consolidated functions into six advisory groups: AQMP; Ethnic Community; Home Rule; Local Government & Small Business Assistance; Scientific, Technical & Modeling Peer Review; and Technology Advancement, and established charters for each. This action is to (1) adopt the Charter for the EJTF and to establish its membership; (2) modify the Charter for and establish membership of the Local Government & Small Business Assistance Advisory Group; (3) delegate authority to the Board Chair or Vice Chair to make additional appointments from time to time, and (4) report the Chair’s appointment of a replacement member to the AQMP Advisory Group.

PUBLIC HEARINGS

31. Amend Regulation XXX - Title V Permits,
Rule 3000 - General;
Rule 3001 - Applicability;
Rule 3002 - Requirements;
Rule 3003 - Applications;
Rule 3004 - Permit Types and Content;
Rule 3005 - Permit Revisions; and
Rule 3006 - Public Participation; and
Rule 212 - Standards for Approving Permits
(Continued from October 10, 1997 Board meeting.)
Leyden (909) 396-3120
(pleyden@aqmd.gov)

Proposed amendments to Title V rules will improve clarity, increase flexibility and enhance enforceability of the program and Title V permits. Amendments will reduce the number of facilities required to obtain a Title V permit during the first three years of the program and streamline the procedures for public, affected State and EPA reviews. Proposed amendments to Rule 212 will increase the notice distribution radius for sources located near schools to incorporate the changes to the state law. In addition, amendments will eliminate one-quarter mile noticing for certain facilities and establish new criteria for public notification of significant projects involving toxic emissions. This item was reviewed by Stationary Source Committee on October 24, 1997.

32. Adopt Proposed Rule 1138 - Control of Emissions from Restaurant Operations
Broadbent (909) 396-3789
(jbroadbent@aqmd.gov)

Proposed Rule 1138 will reduce emissions of PM2.5 and VOC from chain-driven charbroilers by requiring the addition of flameless catalytic oxidizers or equivalent methods. Catalytic oxidizers are concurrently being adopted as BACT through the update of AQMD BACT Guidelines. The proposed rule will reduce visible emissions and odors from about 800 restaurants. Future rule amendments may apply to other restaurant equipment if cost-effective technologies are available. This item was reviewed by the Stationary Source Committee on August 25, 1997.

33. Amend Rule 1110.2 - Emissions from Gaseous- and Liquid-Fueled Internal Combustion Engines
Broadbent (909) 396-3789
(jbroadbent@aqmd.gov)

Proposed amendments will revise the requirements for portable engines to be consistent with federal and state regulations, delete the continuous emission monitoring requirements for CO, remove compliance plan submittal requirements, revise source testing requirements for all stationary engines, specify that CEMS meet CFR requirements, allow an alternative to CEMS, and authorize alternate emission limits equivalent to replacement with electric motors. Further, the exemption for snow manufacture and ski lift operations will be amended, exemptions added for operations on San Clemente Island, EPA non-road engines, engines registered by CARB, and the exemption for operations during a declared disaster or state of emergency is deleted.

34. Adopt Proposed Rule 2503 - Enforceable Procedures
Chang (909) 396-3186
(echang@aqmd.gov)

Proposed Rule 2503 will expand on the enforceable procedures guidelines developed in Rule 2501 - Air Quality Investment Program; and establish monitoring, recordkeeping, and reporting requirements for AQIP emission reductions as an alternative to compliance with the emission limitation requirements of Regulation IV - Prohibitions and Regulation XI - Source Specific Standards. The proposed rule will also specify the quantification methodologies necessary to determine the amount of AQIP emission reductions required. This item was reviewed by the Mobile Source Committee on September 26, 1997.

35. Adopt Proposed Rule 1613 - Credits for Truck Stop Electrification
Chang (909) 396-3186
(echang@aqmd.gov)

Proposed Rule 1613 will provide a mechanism for generating MSERCs for reducing heavy-duty truck idling emissions by the voluntary use of electricity to power truck cab electrification packages while the truck is parked at a truck stop. The proposed rule will meet the 1997 AQMP commitment for Control Measure MON-10. This item was reviewed by the Mobile Source Committee on September 26, 1997.

36. Rescind Rule 1110 - Emissions from Stationary Internal Combustion Engines (Demonstration)
Broadbent (909) 396-3789
(jbroadbent@aqmd.gov)

Rule 1110 was adopted November 6, 1981 to set up a demonstration program to collect emission data for Rule 1110.1 - Emissions from Stationary Internal Combustion Engines. The demonstration program has been completed and none of the provisions of the Rule are currently applicable; therefore, recission of the Rule is recommended.

OPEN SESSION

37. Announcement of Closed Session (No Written Material)
Contaoi (909) 396-3038
(jcontaoi@aqmd.gov)

Pursuant to Government Code Section 54956.8, to confer with real property negotiators regarding the property located at 9150 Flair Drive, El Monte, CA 91731. Negotiating parties: Corsair LLC, Asian Co-Op, and Polycom.

CLOSED SESSION

38. Closed Session (No Written Material)
Greenwald (909) 396-2303
(pgreenwald@aqmd.gov)

It is necessary for the Board to recess to a closed session pursuant to Government Code section 54956.9(c) to confer with counsel to consider whether to initiate litigation - one case; and pursuant to section 54956.9(a), to confer with counsel to discuss litigation which has been initiated formally and to which the AQMD is a party - Coalition for Clean Air, et al. v. SCAQMD, et al., USDC No. 97-6916 JSL (SHx). Also, pursuant to section 54956.8, to confer with real property negotiators regarding the property located at 9150 Flair Drive, El Monte, CA 91731. Negotiating parties: Corsair LLC, Asian Co-Op, and Polycom.

OTHER BUSINESS

PUBLIC COMMENT PERIOD - (Public Comment on Non-Agenda Items, Pursuant to Government Code Section 54954.3)

KEY DATES FOR YOUR CALENDAR

For further information on the above, please contact: Martha Lucero at (909) 396-2001.

ADJOURNMENT

Members of the public are afforded an opportunity to speak on any listed item before or during consideration of that 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

AQIP = Air Quality Investment Program
AQMD = Air Quality Management District
AQMP = Air Quality Management Plan
ARB/CARB = California Air Resources Board
AVR = Average Vehicle Ridership
BACT = Best Available Control Technology
Cal/EPA = California Environmental Protection Agency
CEMS = Continuous Emissions Monitoring Systems
CEQA = California Environmental Quality Act
CE-CERT = College of Engineering-Center for Environmental Research and Technology
CNG = Compressed Natural Gas
CO = Carbon Monoxide
CTG = Control Techniques 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
LNG = Liquefied Natural Gas
MOU = Memorandum of Understanding
MSERCs = Mobile Source Emission Reduction Credits
MSRC = Mobile Source (Air Pollution Reduction) Review Committee
NESHAPS = National Emission Standards for Hazardous Air Pollutants
NGV = Natural Gas Vehicle
NO_x = Oxides of Nitrogen
NSPS = New Source Performance Standards
NSR = New Source Review
PAMS = Photochemical Assessment Monitoring Stations
PM₁₀ = Particulate Matter < 10 microns
PM_2.5 = Particulate Matter < 2.5 microns
RECLAIM = REgional CLean Air Incentives Market
RFP = Request for Proposals
RFQ = Request for Quotations
SCAG = Southern California Association of Governments
SIP = State Implementation Plan
SO_x = Oxides of Sulfur
TCM = Transportation Control Measure
ULEV = Ultra Low Emission Vehicle
VMT = Vehicle Miles Traveled
VOC = Volatile Organic Compound
ZEV = Zero Emission Vehicle