South Coast Air Quality Management District

GOVERNING BOARD AGENDA

MEETING, August 18, 2000

A meeting of the South Coast Air Quality Management District Board will be held at 9:00 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 August 2000 in Microsoft Word can be downloaded (self extracting compressed) from within the individual Board letter (click on "Attachment" at the end of the letter)

Opening Comments:

• William A. Burke, Ed.D., Chair

• Other Board Members

• Barry R. Wallerstein, D. Env., Executive Officer

Note: Consent Calendar items held for discussion will be moved to Item No. 24.

1. Minutes of July 21, 2000 Board Meeting
Dix (909) 396-2500
(jdix@aqmd.gov)

2. Set Public Hearings¹ September 15, 2000 to Consider Amendments and/or Adoption to AQMD Rules and Regulations
Broadbent (909) 396-3789
(jbroadbent@aqmd.gov)

¹ At the July 21 Board meeting, Public Hearings were set for September 15, 2000 to amend Rule 431.2, NSR Rules 1302 - Definitions, 1303 Requirements, 1306 - Emission Calculations, and RECLAIM Rule 2000 - General; and to approve minor source BACT Guidelines

(A) Proposed Rule 1131 - Food Manufacturing and Processing Operations
Broadbent (909) 396-3789
(jbroadbent@aqmd.gov)

Proposed Rule 1131 will reduce VOC emissions from food manufacturing and processing operations by limiting the VOC content of process solvents and solvents used for sterilization of equipment; or requiring control equipment; or requiring equivalent reductions through reformulation or process modifications. Affected operations include distillation, extraction, reacting, blending, drying, crystallizing, granulation, separation, sterilization and filtering. (Review: Stationary Source Committee on July 28, 2000.)

(B) Rule 1168 - Adhesive Applications
Chang (909) 396-3186
(echang@aqmd.gov)

The proposed amendment will reduce the allowable VOC content for architectural adhesives, contact adhesives, and certain substrate specific adhesives. The proposed amendment will also prohibit sale of non-compliant adhesives and sealants, as well as modify and limit certain exemption provisions. The proposal implements Control Measure CTS-02E of the 1999 AQMP Amendment and is expected to reduce five tons of VOC per day from the current levels. (Review: Stationary Source Committee on July 28, 2000.)

Budget/Fiscal Impact

3. Execute Contracts for On-Road, Off-Road and Infrastructure Vehicles and Equipment Awarded Under Carl Moyer Memorial Air Quality Standards Attainment Program
Liu (909) 396-2105
(cliu@aqmd.gov)

On September 10, 1999, the Board approved the release of an RFP to implement the Carl Moyer Memorial Air Quality Standards Attainment Program for low-emission on- and off-road vehicles. Staff proposes to award contracts to fund on- and off-road vehicles and equipment, and fueling infrastructure. Total cost of these projects is $7,115,618 with $3,065,618 from the Carl Moyer Program Fund and $4,050,000 from the Clean Fuels Fund. The Technology Committee reviewed this item on July 28, 2000 and recommended for approval.

4. Execute Contracts to Initiate Natural Gas Refuse Truck Loan Program
Liu (909) 396-2105
(cliu@aqmd.gov)

Heavy-duty trucks and buses are responsible for 20% of the total NOx emissions in the South Coast Air Basin. Low emission natural gas engines produce about half the NOx emissions of their diesel counterparts. Staff proposes to initiate a two-year vehicle loan program that will introduce natural gas trucks to refuse hauling operations. This will provide an opportunity for entities to try such vehicles in actual fleet operation. Total project cost is estimated at $321,750, with total AQMD cost not to exceed $100,000. The Technology Committee reviewed this item on July 28, 2000 and recommended approval.

5. Authorize Purchase of PeopleSoft Software Support Maintenance for Integrated Financial/Human Resources System
Marlia (909) 396-3148
cmarlia@aqmd.gov

On August 13, 1999, the Board approved the purchase of annual software maintenance support for the PeopleSoft Integrated Financial/Human Resources System. This system provides an integrated financial, human resource and payroll function for the AQMD. The maintenance support for this system expires August 29, 2000. This action is to obtain approval for the purchase of PeopleSoft Software maintenance support for another year. Funds of $118,200 for this expense are included in the FY 2000-01 Budget. The Administrative Committee reviewed this item on July 14, 2000. Committee Members who were present communicated their concurrence.

6. Authorize Purchase of Network Infrastructure Upgrade
Marlia (909) 396-3148
cmarlia@aqmd.gov

As AQMD�s computer applications have grown, so have the demands on local area network bandwidth. Our current network infrastructure was designed and installed in 1991 and can no longer accommodate further bandwidth demands. A targeted network infrastructure upgrade is needed to support the expanding network-based computer applications. This action is to authorize purchase of network infrastructure upgrade, which will include new network core equipment and management software. Funds for this purchase are included in the FY 2000-01 Budget. The Administrative Committee reviewed this item on July 14, 2000. Committee Members who were present communicated their concurrence.

7. Execute Contracts for AQIP Proposals Received During Third and Fourth Quarters of 1999 and First Quarter of 2000
Valdez (909) 396-3780
(lvaldez@aqmd.gov)

Rule 2202 - On-Road Motor Vehicle Mitigation Options was adopted on December 8, 1995. One of the compliance strategies under Rule 2202 allows employers to invest in the AQIP. Monies received are placed in a restricted account to fund programs that result in equivalent emission reductions that would otherwise have been achieved by the participating employers. Staff evaluated the proposals received during the third and fourth quarters of 1999 and the first quarter of 2000. This action is to recommend three for funding. The amount available for these three quarters is $580,614. The Mobile Source Committee reviewed this item on July 28, 2000. Committee Members who were present communicated their concurrence.

8. Authorize Executive Officer to Amend Contracts for California Environmental Quality Act Analysis Assistance
Broadbent (909) 396-3789
(jbroadbent@aqmd.gov)

At its January 21, 2000 meeting, the Board authorized the Executive Officer to award contracts for CEQA consultant assistance to Chambers Group, Environmental Audit, Environmental Compliance Solutions and ENSR for a total aggregate amount not to exceed $150,000. Staff is requesting to add $179,200 from the FY 2000-01 CEQA Budget to fund these contracts as the need arises to assist in on-going environmental analyses. Because the specific tasks to be assigned to each contractor are not known at this time, staff cannot identify the funding amount to be added to the individual contracts. However, it is expected that individual funding increases may exceed $50,000. The Administrative Committee reviewed this item on August 11, 2000, and recommended for approval.

9. Approve Compensation Package for Designated Deputy
Wallerstein (909) 396-3131
(bwallerstein@aqmd.gov)

The recruitment and selection process for Public Advisor has been completed. This action is to approve the compensation package for the selected candidate.

10. Approve in Concept FY 2000-01 AB 2766 Discretionary Fund Work Program; Approve Issuance of RFP/Qs for TCM and Clean Fuels Programs
Kleindienst

The MSRC has proposed a $14.5 million program consisting of five TCM programs and five clean fuels programs. The TCM programs, for which $1 million has been allocated, include: 1) ridesharing projects; 2) advanced traveler management information services; 3) a competitive employer-market bicycle incentive; 4) a land-use program; and 5) a regional electric bicycle buydown. The clean fuels programs, for which $13.5 million has been allocated, include: 1) an alternative fuels transit bus program; 2) an alternative fuels on-/off-road heavy-duty vehicle program; 3) an allocation for existing light-duty vehicle buydown programs; 4) an alternative fuels subvention fund match program; and 5) a school bus program reserve. The MSRC requests Board approval of Work Program elements and issuance of RFP/RFQs.

Action/No Fiscal Impact

11. Create Nonprofit Organization to Administer Adopt-a-School Bus Program
Valdez (909) 396-3780
(lvaldez@aqmd.gov)

Environmental Justice Initiative No.7, adopted in November 1997, sought to "Create incentives to clean-up or remove diesel engines in the basin." A recent AQMD study showed that diesel soot in the region is responsible for about 71% of the total cancer risk from air pollution. Chairman Burke has proposed an "Adopt-A-School-Bus" Program to help pay the cost of reducing cancer-causing diesel emissions from Southland school buses. Staff researched the feasibility of establishing this program, and recommends the following Board actions: (1) direct staff to create a separate non-profit entity to administer the program, funded by charitable contributions; and 2) approve the format whereby individuals shall be appointed as directors of this new entity. The Administrative Committee reviewed this item on July 14, 2000. Committee Members who were present communicated their concurrence.

12. Report on Executive Officer's Intent to Execute MOU Between AQMD and Individual Refineries Regarding Refinery Modifications to Produce Gasoline to Meet California Reformulated Gasoline Regulation
Coy (909) 396-2434
(ccoy@aqmd.gov)

The Executive Officer intends to enter into a MOU with individual refineries operated in the South Coast Air Basin to expedite the preparation of the CEQA documents and permit review for California Reformulated Gasoline (CaRFG) Regulation Phase 3 projects. The CaRFG Regulation mandates that the refineries in the state of California produce cleaner Phase 3 gasoline no later than January 1, 2003. Parties to this MOU would agree to dedicate sufficient resources for timely submittal, preparation and review of both CEQA documents and permit applications. In addition, the parties agree to work with other government agencies to identify and resolve issues expeditiously to ensure timely and efficient review of necessary permits. The Stationary Source Committee reviewed this item on July 28, 2000.

13. AQMD's Comments on EPA's Draft Revised Guidance for Investigating Title VI Complaints Regarding Permits and Draft Guidance for Agencies Receiving EPA Funds
Baird (909) 396-2302
(bbaird@aqmd.gov)

EPA has released for public comment its draft revised guidance for investigating complaints challenging permit decisions under Title VI of the Civil Rights Act of 1964, which prohibits discrimination by federally funded agencies on the basis of race or national origin. Draft guidance for agencies receiving EPA funding was also released. Comments are due August 28, 2000. This action is to approve AQMD comments and the transmittal of the comments to EPA. The Administrative Committee reviewed this item on August 11, 2000 and recommended for approval.

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

This report highlights the June 2000 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.

15. Rule 2202 - On-Road Motor Vehicle Mitigation Options Program Status Report
Valdez (909) 396-3780
(lvaldez@aqmd.gov)

On December 8, 1995, the Board adopted Rule 2202 - On-Road Motor Vehicle Mitigation Options and requested that staff provide an annual status report to the Board. This report provides an overview of the Rule 2202 program activities during the past year. This report was discussed at the Mobile Source Committee meeting on July 28, 2000.

16. Hearing Board Variances and Appeals
Camarena (909) 396-2500
(ecamarena@aqmd.gov) 

During the period of May 1 through May 31, 2000, the Hearing Board took action on 10 Variances and 0 Appeals.

17. Civil Filings and Civil Penalties Report
Mieras (909) 396-3400
(pmieras@aqmd.gov) 

This reports the monthly penalties from May 1 through May 31, 2000, and legal actions filed by the District Prosecutor during the period June 1 through June 30, 2000, pursuant to authority granted by the Board in Resolution 89-6. A glossary explaining the key terms is attached with this Report.

18. Rule and Control Measure Forecast
Broadbent (909) 396-3789
(jbroadbent@aqmd.gov)

19. Lead Agency Projects and Environmental Documents Received by the AQMD
Broadbent (909) 396-3789
(jbroadbent@aqmd.gov)

This report provides, for the Board's consideration, a listing of CEQA documents received by the AQMD between May 27, 2000, and June 15, 2000 and those projects for which the AQMD is acting as lead agency pursuant to CEQA. The Mobile Source Committee reviewed this item on July 28, 2000.

20. Status Report on Controlling Particulate Matter and Volatile Organic Compound Emissions from Restaurant Operations
Broadbent (909) 396-3789
(jbroadbent@aqmd.gov)

21. Status Report on Regulation XIII - New Source Review
Nazemi (909) 396-2662
(mnazemi1@aqmd.gov)

This report, submitted to the Board pursuant to Subdivision (b) of Rule 1310 - Analysis and Reporting, provides information on the status of Regulation XIII - New Source Review in meeting state and federal NSR requirements. This report presents data for the period of August 1998 to July 1999 for state and federal law compliance.

22. Report of RFPs and RFQs Scheduled for Release in August
Pearce (909) 396-2828
(rpearce@aqmd.gov)

This report summarizes the RFPs and RFQs for budgeted services over $50,000 scheduled to be released for advertisement for the month of August. The Administrative Committee reviewed this item on July 14, 2000. Committee Members who were present communicated their concurrence.

23. Status Report on Major Projects for Information Management Scheduled to Start During First Six Months of FY 2000-01
Marlia (909) 396-3148
cmarlia@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 first six months of FY 2000-01.

24. Items Deferred from Consent Calendar

Note: The Technology Committee did not meet in June. The July meeting will be reported at the September 15, 2000 Board meeting.

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

26. Legislative Committee
Chair: LaPisto-Kirtley
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:

ACR 133 (Torlakson) -- Traffic Congestion
SB 1298 (Bowen/Peace) -- Distributed Generation
SB 1345 (Peace)-- Solar Energy Systems
SB 2191 (Soto) -- Truck Traffic Congestion
HR 1966 (Millender-McDonald) -- Asthma Awareness, Education & Treatment Act of 1999
HR 4501 (Bilbray) -- Gridlock Mitigation and Commuter Flexibility Act of 2000

27. Mobile Source Committee
Chair: Coad
Chang (909) 396-3186
(echang@aqmd.gov)

28. Stationary Source Committee
Chair: Loveridge
Coy (909) 396-2434
(ccoy@aqmd.gov)

29. Mobile Source Air Pollution Reduction Review Committee
Board Liaison: Glover
Zeldin (909) 396-3058
(mzeldin@aqmd.gov)

30. Air Resources Board Monthly Report
Board Rep: Burke
Dix (909) 396-2827
(jdix@aqmd.gov)

PUBLIC HEARINGS

31. Adopt Rule 1186.1 - Less-Polluting Sweepers
Broadbent (909) 396-3789
(jbroadbent@aqmd.gov)

Proposed Rule 1186.1 will require public and private fleet operators to acquire alternative-fuel or otherwise less polluting sweepers when purchasing or leasing these vehicles for sweeping operations undertaken by or for government jurisdictions or agencies with greater than 15 vehicles. (Review: Mobile Source Committee on June 23, 2000)

32. Adopt Proposed Rule 1194 - Commercial Airport Ground Access
Broadbent (909) 396-3789
(jbroadbent@aqmd.gov)

Proposed Rule 1194 will require airport ground public access services such as taxi, van shuttle, limousine, and courtesy shuttle services to purchase rule compliant vehicles when adding or replacing vehicles in an existing fleet or forming a new fleet. (Review: Mobile Source Committee on June 23, and July 28, 2000.)

Please be advised that staff is recommending moving forward with the Proposed Rule 1194 adoption hearing on August 18. However, staff will be proposing the restriction of comments to the portions of the rule other than taxicabs. The hearing would not be open on taxicab issues until the October board meeting, leaving the remainder of the proposed rule for adoption on August 18. The proposed rule has been revised to allow the section dealing with taxicabs to be carried over until October.

33. Amend Rule 1401 - New Source Review of Toxic Air Contaminants, and Report on Impacts Relative to Sources Subject to Rule 1402 - Control of Toxic Air Contaminants from Existing Sources
Chang (909) 396-3186
(echang@aqmd.gov)

In February and April 2000, the Scientific Review Panel and the Office of Environmental Health Hazard Assessment finalized chronic risk values for approximately 39 compounds. Rule 1401(e)(2) and (e)(3) require an analysis and report to the Board before new or updated risk factors are used for new source review. Proposed amendments to Rule 1401 will update the list of compounds and effective dates in Table I. In addition, Rule 1402(j)(4) requires an analysis of the potential impacts on sources subject to Rule 1402 prior to use of new or updated risk factors, respectively, for facility-wide health risk assessments. (Review: Stationary Source Committee June 23, 2000.)

34. Amend Rule 109 - Recordkeeping For Volatile Organic Compound Emissions
Broadbent (909) 396-3789
(jbroadbent@aqmd.gov)

Proposed amendments would (1) streamline existing daily recordkeeping requirements; (2) allow monthly recordkeeping for sources meeting certain criteria; and, (3) allow sources to implement alternative recordkeeping systems that have been approved by the AQMD. The amendments are based on recommendations by the Monitoring, Recordkeeping, and Reporting Task Force that were presented to and approved by the Board. The changes are administrative and will result in a streamlined recordkeeping system that may result in cost savings to affected sources. (Review: Stationary Source Committee on June 23, 2000)

CLOSED SESSION

35. Closed Session (No Written Material)
Baird (909) 396-2302
(bbaird@aqmd.gov)

It is necessary for the Board to recess to closed session 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 actions are SCAQMD v. EPA (re approval of rules), United States District Court Case No. CV 98-9789 HLH (ANx), and Communities for a Better Environment v. Cenco Refining Company, et al., United States District Court Case No. 00-05665 (AJWx). It is also necessary for the Board to recess to closed session pursuant to Government Code section 54956.8 to provide direction to its negotiator regarding the price and terms for a lease of real property. The property is a portion of the District Headquarters Building at 21865 E. Copley Drive, Diamond Bar, California 91765. The negotiator is Sylvia Oroz. The party to the negotiation is the Diamond Bar Chamber of Commerce.

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

AQIP = Air Quality Investment Program
ARB/CARB = California Air Resources Board
AVR = Average Vehicle Ridership
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 Emissions 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
NO_x = Oxides of Nitrogen
NSPS = New Source Performance Standards
NSR = New Source Review
PAMS = Photochemical Assessment Monitoring Stations
PAR = Proposed Amended Rule
PM₁₀ = Particulate Matter < 10 microns
PM_2.5 = Particulate Matter < 2.5 microns
PR = Proposed Rule
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