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 June 1998 in Microsoft Word 6.0 can be downloaded (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 26)
Note: Consent Calendar items held for discussion will be moved to Item No. 40.
1. Minutes of May 8, 1998 Board Meeting
Dix (909) 396-2500
(jdix@aqmd.gov)
2. Set Public Hearing July 10, 1998 to Amend Rule 1902 - Transportation
Conformity
Wasikowski (909) 396-3264
(cwasikowski@aqmd.gov)
The proposed amendment makes administrative changes to Rule 1902, which incorporates the federal Transportation Conformity rule amendments by reference. The changes will provide a more streamlined and flexible transportation conformity process. This proposed amendment also makes administrative changes to the interagency consultation procedures in the Transportation Conformity Memorandum of Understanding developed with SCAG and other transportation agencies. This item was reviewed by the Mobile Source Committee on May 15, 1998.
3. Set Public Hearing July 10, 1998 to Amend Rule 1612 - Credits for Clean On-Road
Vehicles and Rule 1620 - Credits for Clean Off-Road Mobile Equipment
Chang (909) 396-3186
(echang@aqmd.gov)
Proposed amendments respond to ARB concerns. These amendments include: (1) clarifying what actions may be taken in Rules 1612 and 1620 to implement projects that reduce vehicle emissions through the use of engine conversion kits, (2) eliminating the provision in Rule 1612 that allows the generation of credits for high-mileage fleet applications, and (3) specifying maximum baseline emission levels in Rule 1620 that are allowable for internal combustion engines. Other minor modifications to both rules update rule references for language consistency. This item was reviewed by the Mobile Source Committee on May 15, 1998.
4. Set Public Hearing July 10, 1998 to Amend Rule 1610 - Old Vehicle Scrapping
Chang (909) 396-3186
(echang@aqmd.gov)
In response to the Governing Board's direction to review Rule 1610 and its implementation, staff has developed amendments that will improve the overall effectiveness of the rule. The proposed amendments will enhance the enforceability of the rule, improve and expand the vehicle selection and acceptability criteria, and result in an improved implementation consistent with the original goal and intent of the rule. The proposed amendments address many of the recommendations for Rule 1610 improvement that were presented by staff to the Technology Committee on April 24, 1998. This item was reviewed by the Mobile Source Committee on May 15, 1998.
5. Set Public Hearing July 10, 1998 to Rescind Rule 432 - Gasoline Specifications
Coy (909) 396-2434
(ccoy@aqmd.gov)
Rule 432 sets a limit for specific hydrocarbon content in gasoline in terms of the degree of unsaturation or the olefin content in gasoline sold or supplied in the District. The limit is Bromine number 30, which is equivalent to about 15 percent olefins. Beginning in 1996, California refineries have been producing California Reformulated Gasoline (CaRFG) as required by state law. The CaRFG specifications limit the amount of olefins in gasoline to a maximum of 10 percent by volume. Since the CaRFG specification limits olefin content in gasoline more effectively than Rule 432, staff recommends rescinding Rule 432. This item was reviewed by the Stationary Source Committee on May 22, 1998.
Budget/Fiscal Impact
6. Execute Contract for Study of AQMD's Fee Structure and Authority
Pearce (909) 396-2828
(rpearce@aqmd.gov)
Regulation III - Fees sets forth the fees by which the AQMD funds its activities. In March 1998 an RFP was issued to select a contractor to perform a study to revise or replace the current fee structure with one that is simple, equitable and sufficient to fund AQMD's stationary source-related activities. An evaluation panel made up of business and AQMD representatives has reviewed the proposals received and recommends the firm of Thompson, Cobb, Bazilio and Associates for Board approval. The $227,340 cost for this project is not included in the budget and will require an appropriation from the General Fund. This item was reviewed by the Administrative Committee on May 22, 1998, and recommended for approval.
7. Execute Contract to Purchase Document Management System Replacement
Mathur (909) 396-2722
(vmathur@aqmd.gov )
On March 18, 1998 the AQMD released an RFP to solicit and qualify vendors capable of providing the AQMD with an integrated document management system. This new system should offer greater computing power, a larger selection of utilities, and flexibility in hardware upgrading over our existing system. This action is to execute a contract with ThirdWave Corporation for the purchase of a document management system for a total amount not to exceed $253,896. Funds for this purchase are included in the FY 1997-98 Budget. This item was reviewed by the Administrative Committee on May 22, 1998, and recommended for approval.
8. Issue RFP for Consulting Services to Evaluate Current Permit System and Recommend
Solutions for a More Streamlined and Efficient Process for Issuing Permits
Wallerstein (909) 396-3131
(bwallerstein@aqmd.gov)
Under the guidance of the newly formed Permit Streamlining Task Force, which consists of AQMD Board members, industry representatives, and environmental professionals, this action is to issue an RFP to select a qualified contractor to conduct a comprehensive evaluation of the AQMD’s current permit system, to review permit systems used at other agencies and organizations, and to evaluate various alternative permitting systems, enhancement, and associated cost impacts. Based on this the contract is expected to identify areas where improvement is needed and recommend specific steps that should be taken to significantly reduce the time for issuing permits. This item was reviewed by the Administrative Committee on May 22, 1998, and recommended for approval.
9. Delete Eight Positions and Add Four Air Quality Engineer II, Three Air Quality Inspector II, and One Systems and Programming Supervisor Positions to Enhance Permit Processing and Field Compliance, and Data Base Management Functions
Wallerstein (909) 396-3131
(bwallerstein@aqmd.gov)
Because of the high-priority need to enhance permit processing, field compliance and data base management operations, staff has reviewed position allocations and recommends deleting eight existing positions in order to add four engineer, three inspector, and one information management supervisor positions. This action will result in an estimated salary savings of approximately $308,000 for FY 1998-99.
10. Issue RFP to Provide Technical Assistance to Local Jurisdictions in Support of AB
2766 Subvention Fund
Valdez (909) 396-3780
(lvaldez@aqmd.gov)
AQMD's current contract with The Solis Group, to provide assistance to local jurisdictions within the AQMD in support of the AB 2766 Subvention Fund, expires June 30, 1998. This action is to authorize the issuance of an RFP to select a qualified contractor. Any contract to be awarded under this RFP will be subject to Board approval. This item was reviewed by the Administrative Committee on May 22, 1998, and was recommended for approval.
11. Issue RFQs to Prequalify Vendors to Provide Legal Notice Publishing and
Advertising Services, Mailing Services, and Miscellaneous Office and Consumable Computer
Supplies
Contaoi (909) 396-3038
(jcontaoi@aqmd.gov)
This action is to issue RFQs to establish lists of prequalified vendors from whom competitive bids may be solicited for legal notice publishing and advertising services, providing mailing services, and purchasing miscellaneous office and consumable computer supplies. This item was reviewed by the Administrative Committee on May 22, 1998, and recommended for approval.
12. FY 1997-98 Budget Transfer
Pearce (909) 396-2828
(rpearce@aqmd.gov)
At Board direction, staff has periodically brought to the Board all necessary budget transfers occurring during the fiscal year. Budget transfers are the result of Board actions, further definition of programs approved in the budget, reorganizations, or budget corrections. These transfers move moneys to the appropriate expenditure accounts and do not require additional appropriations.
13. Establish List of Prequalified Vendors to Provide Supplemental Source Testing
Services
Zeldin (909) 396-3058
(mzeldin@aqmd.gov)
On March 13, 1998, the Board approved the release of an RFQ for supplemental source testing services. This action is to establish a list of prequalified source testing firms to supplement AQMD emissions testing and test protocols and/or test method development efforts, as needed, for a one-year period. This item was reviewed by the Administrative Committee on May 22, 1998, and recommended for approval.
As part of the FY 1997-99 Work Program, MSRC issued seven RFPs in December 1997 for school bus and transit bus projects, on-road & off-road heavy-duty diesel projects, and four categories of TCM projects, and another RFP in February 1998 for an EV Infrastructure Planning and Implementation Consultant. Except for the On-Road & Off-Road RFP that includes a streamlined application process through June 30, all of the RFPs closed in late March. In addition, the Subvention Fund Match Program's application period ended March 3, 1998. At this time the MSRC requests Board approval of several School/Transit Bus & TCM projects, CEC's EV Infrastructure Incentive Program, and Subvention Fund Match Program projects. The MSRC also requests authority to adjust the project costs up to 5%; and authority to execute agreements.
Action Items/Non-Fiscal
15. Modify Board Meeting Start Time
Burke
This action is for the Board to consider modifying the Board meeting schedule.
16. AQMD Performance Audit for FY Ending June 30, 1997
Pearce (909) 396-2828
(rpearce@aqmd.gov)
Health and Safety Code Section 40453 requires the AQMD to contract every three years with a qualified auditing firm to conduct a performance audit of AQMD activities. Thompson, Cobb, Bazilio and Associates has completed their independent audit of AQMD's performance and has issued their report. The Administrative Committee was briefed on this item on May 22, 1998, and forwarded to the Board for consideration.
17. Remove Various Fixed Assets from AQMD Inventory
Pearce (909) 396-2828
(rpearce@aqmd.gov)
AQMD Policy and Procedure No. 20 requires a biennial Districtwide fixed asset inventory, an annual Applied Science and Technology inventory, and the disposal of fixed assets declared surplus. In 1997 the biennial Districtwide fixed asset inventory was conducted. This action is to approve the removal of unlocated fixed assets and to declare as surplus the equipment determined to be obsolete or broken and not worth repairing. This item was reviewed by the Administrative Committee on April 17, 1998 and recommended for approval.
18. Adopt Resolution Authorizing Pretax Payroll Deduction for Employees Purchasing
Service Credits in San Bernardino County Employees’ Retirement Association
Pearce (909) 396-2828
(rpearce@aqmd.gov)
On July 3, 1997, the Board of the San Bernardino County Employees Retirement Association (SBCERA) took action to authorize SBCERA to open a pretax retirement contribution program to its members under the provisions of Internal Revenue Code (IRC) Section 414(h)(2). This action is to authorize AQMD employees who are members of SBCERA to purchase service credits via payroll deductions with pretax dollars. Approval of this item will result in flexibility and potential cost savings for employees with no financial impact to AQMD.
19. Status of Regulatory Reform Initiative - "Green Carpet" Priority
Permitting System
Coy (909) 396-2434
(ccoy@aqmd.gov)
On April 12, 1996, the Board approved a twelve-month pilot project to study and report on the benefits and challenges presented by a priority permitting service offered for selected construction projects. On July 14, 1997, the Board extended the program for an additional twelve-month period. To date, the AQMD has received 30 inquiries regarding the program. Staff has issued Permits to Construct to eight companies and is processing applications from four others. This action is to continue the program for another twelve months to allow more time for data collection and evaluation.
Information Only - Receive and File
20. Public Affairs Report
Valdez (909) 396-3780
(mzeldin@aqmd.gov)
This report highlights the April 1998 activities of the Public Affairs Office which includes the following activities: Environmental Justice Update, Community Events/Public Meetings, Business Assistance, Intergovernmental Affairs and Media Communications.
21. Hearing Board Variances and Appeals
Camarena (909) 396-2500
During the period of March 1 through March 31, 1998, the Hearing Board took action on 11 Variances and 0 Appeals.
22. Civil Actions Filed
Mieras (909) 396-3400
This reports the legal actions filed by the District Prosecutor during the period April 1 through April 30, 1998, pursuant to authority granted by the Board in Resolution 78-27.
23. Lead Agency Projects and Environmental Documents Received by the AQMD
Wasikowski (909) 396-3264
(cwasikowski@aqmd.gov)
This report provides, for the Board's consideration, a listing of CEQA documents received by the AQMD between May 2, 1998 and June 1, 1998, and those projects for which the AQMD is acting as lead agency pursuant to CEQA. This report was submitted to the Mobile Source Committee on May 15, 1998.
24. Rule and Control Measure Forecast
Broadbent (909) 396-3789
(jbroadbent@aqmd.gov )
25. Status Report on Major Projects for Information Management Scheduled to Start
During Last Six Months of FY 1997-98
Mathur (909) 396-2722
(vmathur@aqmd.gov )
Information Management is responsible for data systems management services in support of all AQMD operations. This action is to provide a status report for the current month on major automation contracts and projects to be initiated by Information Management during the remainder of FY 1997-98.
26. ARB Subvention Program Audit of AQMD for FY 1996-97
Pearce (909) 396-2828
(rpearce@aqmd.gov)
This transmits the fiscal audit of the AQMD's use of subvention money granted under the ARB's Subvention Program. This report states that the AQMD has fully qualified for the subvention received in FY 1996-97. This item was reviewed by the Administrative Committee on May 22, 1998, and recommended for approval.
BOARD CALENDAR
scheduled for June 12, 1998.
27. Administrative Committee
Chair: Glover
Wallerstein(909) 396-3131
(bwallerstein@aqmd.gov)
28. Finance Committee
Chair: Glover
Pearce(909) 396-2828
(rpearce@aqmd.gov)
29. Investment Oversight Committee
Glover
Pearce (909) 396-2828
(rpearce@aqmd.gov)
30(A). Legislative Committee
Chair: Alarc�n
Valdez (909) 396-3780
(lvaldez@aqmd.gov)
The Legislative Committee considered agenda items including recommended positions on the following bills for which the Board will consider adopting positions:
AB 2140 (McClintock) -- Preferential Use Lanes
AB 2237 (Escutia) -- Environmental Protection
SB 1782 (Thompson) -- Low-Emission Vehicles
SB 1941 (Sher) -- Greenhouse Gas Emissions
SB 2119 (Hurtt) -- Reports to the Legislature: Internet Access
The California Air Quality Improvement Program
30(B). Special Legislative Committee
Chair: Alarc�n
Valdez (909) 396-3780
(lvaldez@aqmd.gov)
A Special Legislative Committee meeting was held on May 15, 1998, to reconsider the position on SB 432 (Lewis) adopted by the Governing Board on May 8, 1998.
31. Mobile Source Committee
Chair: Soto
Wallerstein (909) 396-3131
(bwallerstein@aqmd.gov)
32. Stationary Source Committee
Chair: Lee
Coy (909) 396-2434
(ccoy@aqmd.gov)
33. Mobile Source Air Pollution
Board Liaison: Soto
Reduction Review Committee
Rhinehart (909) 396-2898
(lrhinehart@aqmd.gov)
34. Air Resources Board Monthly Meeting
Board Rep.: Silva
PUBLIC HEARINGS
35. Amend Regulation III – Fees (Continued from May 8, 1998 Board Meeting, with
respect to Rule 301 (b), Definition of Small Business, only)
Coy (909) 396-2434
(ccoy@aqmd.gov)
At its May 8, 1998 meeting the Board adopted Proposed Amended Regulation III - Fees. Adopted Regulation III amendments include restoring the higher processing fee from 15% to 50% for failure to obtain a Permit to Construct prior to installing and operating permittable equipment except for small businesses with no permit processing history. The Board directed staff to review the Rule 301(b) Small Business definition as it relates to this amended provision to determine if the definition accurately reflects the current small business concept relating to number of employees and total gross annual receipts. This item was reviewed by the Administrative Committee and Stationary Source Committee on May 22, 1998 and by the Local Government and Small Business Assistance Advisory Group on June 5, 1998.
36. Review Options Regarding Use of Proceeds from Sale of
El Monte Property
Pearce (909) 396-2828
(rpearce@aqmd.gov)
The Board at its May 8, 1998 meeting requested a review of the options available to the AQMD regarding the use of proceeds from the sale of its El Monte facility. This item was reviewed by the Administrative Committee on May 22, 1998 and forwarded to the Board for their consideration.
37. Amend Rule 431.1 - Sulfur Content of Gaseous Fuels
Coy (909) 396-2434
(ccoy@aqmd.gov)
Proposed amendments address SIP changes recommended by the U.S. EPA; provide relief to landfill operators from having to remove sulfur compounds from landfill gases to the required level of 40 ppmv since a cost-effective control technology has not been developed; and exempt a person burning landfill gas from the installation and operation of continuous fuel gas monitoring systems or continuous emission monitoring systems until December 31, 1998. This item was reviewed by the Stationary Source Committee on April 17, 1998.
38. Amend Rule 102 - Definition of Terms
Coy (909) 396-2434
(ccoy@aqmd.gov)
The proposed amendment adds the following 11 compounds to the Group II list of Exempt Compounds in Rule 102; HFC-161, HFC-236fa, HFC-245ca, HFC-245ea, HFC-245eb, HFC-245fa, HFC-236ea, HFC-365mfc, HCFC-31, HCFC-123a, and HCFC-151a. This proposal also moves parachlorobenzotrifluoride (PCBTF) from Group II to Group I Exempt Compound in Rule 102. This item was reviewed by the Stationary Source Committee on April 17, 1998.
39. Best Available Control Technology Guidelines Update
Coy (909) 396-2434
(ccoy@aqmd.gov)
The BACT Guidelines are being updated to reflect federal LAER for two equipment categories: spray booths and large gas turbines. These emission rates constitute BACT under AQMD rules and state law. This item was reviewed by the Stationary Source Committee on May 22, 1998.
40. Items Deferred from Consent Calendar
CLOSED SESSION
41. Closed Session
Greenwald (909) 396-2303
(pgreenwald@aqmd.gov)
It is necessary for the Board to recess to closed session pursuant to (a) 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 action is Coalition for Clean Air, et al. v. SCAQMD, et al., United States District Court No. 97-6916 HLH (SHx), and (b) Government Code Section 54956.9(b)(1) to confer with its counsel because, based on existing facts and circumstances, there is a significant exposure to litigation against the agency--two cases.
OTHER BUSINESS
42. Implement Recommendations of Permit Streamlining Task Force Regarding Establishment of Electronic Data Interchange Capability for Payment of Permit Application Fees and Use of Credit Cards for Payment of Application Fees Plus Convenience Charge
Pearce (909) 396-2828
(rpearce@aqmd.gov)
The newly formed Permit Streamlining Task Force, which consists of AQMD Board members, industry representatives and environmental professionals, met May 15 and May 29, 1998 to discuss various streamlining options. The Task Force concluded that establishing electronic data interchange capability and allowing payment by credit cards could streamline some aspects of the permit process by providing convenient ways for an applicant to pay application fees and reducing the number of permit applications returned for insufficient fees.
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 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
LAER = Lowest Achievable Emission Rate
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
NOx = Oxides of Nitrogen
NSPS = New Source Performance Standards
NSR = New Source Review
PAMS = Photochemical Assessment Monitoring Stations
PM10 = Particulate Matter < 10 microns
PM2.5 = 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
SOx = Oxides of Sulfur
TCM = Transportation Control Measure
ULEV = Ultra Low Emission Vehicle
VMT = Vehicle Miles Traveled
VOC = Volatile Organic Compound
ZEV = Zero Emission Vehicle