GOVERNING BOARD AGENDA

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MEETING, March 17, 2000

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 March 2000 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)

Opening Comments:

• Dr. William Burke, Chair

• Other Board Members

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

Swearing In of New Board Member

• Burke

Presentation to Mee Hae Lee as Senate Rules Committee Appointee since 1993

• Burke

Presentation of Retirement Award to Hugh Wagoner

• Burke

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

1. Minutes of February 18, 2000 Board Meeting
Dix (909) 396-2500
(jdix@aqmd.gov)

2. Set Public Hearings April 21, 2000 to Consider Amendments and/or Adoption to AQMD Rules and Regulations
Broadbent(909) 396-3789
(jbroadbent@aqmd.gov)

Set Hearings April 21, 2000 for:

(A) Regulation IX - Standards of Performance for New Stationary Sources
Chang (909) 396-3186
(echang@aqmd.gov)

The Clean Air Act authorizes EPA to delegate authority to local districts, for implementation and enforcement of standards set in 40 Code of Federal Regulations (CFR) Part 60, Standards of Performance for New Stationary Sources (NSPS). These standards were initially adopted by reference as AQMD Regulation IX, on December 3, 1976. Periodic amendments to this regulation incorporate new or amended standards by reference. Seven actions regarding NSPS are proposed for incorporation by reference into Regulation IX. Four of these actions pertain to CFR 40, Part 60, Appendix A - Test Methods, which does not appear in Regulation IX. This item was reviewed by the Stationary Source Committee February 25, 2000.

(B) Rule 461 - Gasoline Transfer and Dispensing
Broadbent(909) 396-3789
(jbroadbent@aqmd.gov)

Proposed Amended Rule 461 will further reduce emissions of VOC and toxic compounds from gasoline dispensing facilities and improve compliance. The proposed amendments will improve the reliability and performance of vapor recovery equipment by increasing the test frequencies and enhancing the accountability of contractors who install, maintain, or test the equipment at the gas stations. The proposed amendments will also improve rule clarity and enforceability. The proposal implements Control Measure RFL-02 of the 1999 AQMP Amendment and is one of the key control strategies of the Air Toxics Control Plan. (Review: Stationary Source Committee on February 25, 2000.)

Set Hearing May 19, 2000 for:

(C) Proposed Rule 1191 - Light- and Medium-Duty Public Fleet Vehicles
Broadbent(909) 396-3789
(jbroadbent@aqmd.gov)

Proposed Rule 1191 will require public fleet operators with 15 or more vehicles to purchase low emission vehicles when adding or replacing light- and medium-duty vehicles in an existing fleet or forming a new fleet. Under the California Health and Safety Code Sections 40447.5(a) and 40919, the AQMD may adopt regulations for public and/or private fleet operations to purchase alternative-fueled or low emission vehicles. (Review: Mobile Source Committee on February 25, 2000.)

Budget/Fiscal Impact

3. Authorize AQMD Membership in California Fuel Cell Partnership as Full Partner (Continued from February 18, 2000 Board meeting)
Liu (909) 396-2105
(cliu@aqmd.gov)

The California Fuel Cell Partnership has invited the AQMD to join it as a full member. The Partnership seeks to demonstrate fuel cell vehicles through on-road operation and development of supporting fueling sites beginning in 2000. The first-year cost to the District to cover its share of program expenses related the Partnership is $84,000. This item was reviewed by the Administrative Committee on February 12 and the Technology Committee on February 25, 2000, and recommended for approval.

4. Execute Agreement to Cost-Share Determination of Non-Registration Rates of On-Road Vehicles (Continued from February 18, 2000 Board meeting)
Liu (909) 396-2105
(cliu@aqmd.gov)

The vehicle emissions inventory is based upon the number of vehicles registered by the Department of Motor Vehicles. However, a 1989 study indicated that 8% of the on-road vehicles are not registered for up to a month and 1% are not registered for two or more years. The ARB issued a solicitation with California University Services to determine the non-registration rates of on-road vehicles. Through this competitive process, the ARB selected UCR CE-CERT to conduct this project. Staff recommends executing an agreement with the ARB in an amount not to exceed $50,000 to cost-share this $210,000 project. This item was reviewed by the Technology Committee on December 17, 1999. Less than a quorum was present during the discussion of this item. Those Committee Members who were present communicated their concurrence.

5. Amend Contracts for Labor and Employment Law
Baird (909) 396-2302
(bbaird@aqmd.gov)

This action is to increase two contracts for labor and employment law by the combined sum of $35,000. The increase is necessitated by litigation that was not foreseen when the contract amounts were set at $50,000 each three years ago. The increase is for the law firms of Gutierrez & Preciado and Best, Best & Krieger and will be divided among the two firms as needed. Following the increase, the total amount contracted for labor and employment law for FY 1999-00 will be $150,000, which is the amount budgeted for this year. Sufficient funds are available in the Professional and Special Services Account. This item was reviewed by the Administrative Committee on March 10, 2000, and recommended for approval.

6. Execute Contract to Purchase Gas Chromatograph System for Speciation and Measurement of Ambient Volatile Organic Compounds
Zeldin (909) 396-3058
(mzeldin@aqmd.gov)

On December 10, 1999, the Board approved the release of an RFQ to purchase a gas chromatograph system for the laboratory to analyze VOCs from ambient samples. This action is to execute a contract with Thermo-Quest/Finnigan in the amount of $80,567 for the purchase of a Lab Based Gas Chromatograph System as a replacement for a unit which is 15 years old and no longer operational or serviceable. Funds for this purchase are available in the FY 1999-00 Budget. This item was reviewed by the Administrative Committee on February 11, 2000, and recommended for approval.

7. Award Contract to Purchase Transportable Continuous Emission Monitoring System
Zeldin (909) 396-3058
(mzeldin@aqmd.gov)

On December 10, 1999, the Board approved the release of an RFQ to purchase a transportable continuous emission monitoring system to assist RECLAIM facilities in their efforts to develop and validate alternative CEMS monitoring approaches, and to provide a valuable tool to augment field inspection and compliance efforts. This action is to award a contract with Horiba Instruments in the amount of $129,092 for the purchase of a transportable continuous emission monitoring system. Funds for this purchase are proposed for appropriation from the fund balance designated for enhanced compliance activities, in the FY 1999-00 Budget. This item was reviewed by the Administrative Committee on February 11, 2000, and recommended for approval.

8. Recognize and Appropriate Funds for PM2.5 Program
Zeldin (909) 396-3058
(mzeldin@aqmd.gov)

EPA has allocated $483,665 from Section 103 Grant funds to continue the PM2.5 network program during the calendar year 2000. This action is to recognize $483,665 additional funds for the PM2.5 program upon receipt, and appropriate these funds to the FY 1999-00 Budget. This item was reviewed by the Administrative Committee on February 11, 2000, and recommended for approval.

9. Amend Contract with Ecotek for Privatization of Portions of Annual Emissions Report Program
Chang (909) 396-3186
(echang@aqmd.gov)

In January 1998, the Board awarded a contract to Ecotek for continuation of privatization of portions of the Annual Emissions Report (AER) Program. For the past four years, Ecotek has developed, maintained, and updated the emissions reporting software; produced and distributed reporting materials (forms and instructions); provided public outreach and assistance; collected and compiled reported data; and conducted limited data quality control. Based on Ecotek's responsiveness and satisfactory performance, staff recommends exercising the third-year option in Ecotek's contract to renew for an amount not to exceed $250,000, bringing the contract total to $775,000. Funding for this contract amendment is allocated in the FY 1999-00 Budget. This item was reviewed by the Administrative Committee on February 11, 2000, and recommended for approval.

10. Approve Receipt and Donation of Eight Air Quality Exhibits to Non-Profit Educational Group
Bowen (909) 396-3235
lbowen@aqmd.gov

Eight exhibits were given to the AQMD at no cost by The California Science Center for display in the AQMD's Clean Air Solutions Center. These exhibits now need to be relocated and it is recommended that they be donated to the Lewis Center for Educational Research, a non-profit educational association. This action is to authorize: (a) the addition of the exhibits to the fixed asset inventory of the AQMD, and (b) the donation of the exhibits to the Lewis Center for Educational Research. This item was reviewed by the Administrative Committee on February 11, 2000, and recommended for approval.

11. This item was withdrawn by staff.

12. Modify Board Meeting Time for Calendar Year 2000 (Continued from February 18, 2000 Board Meeting by operation of procedures)
Wallerstein (909) 396-3131
(bwallerstein@aqmd.gov)

This action is to change the Board Meeting time from 9:30 a.m. to 9:00 a.m. This item was reviewed by the Administrative Committee on December 17, 1999, and recommended for approval.

13. Adopt Update of Technology Advancement Plan for Clean Fuels Program and Approve Technology Advancement Annual Report
Liu (909) 396-2105
(cliu@aqmd.gov)

The passage of SB 98 (Alarcon) amended and extended the Clean Fuels Program until January 1, 2005. Amendments under Health and Safety Code Section 40448.5.1 now require submittal of the Technology Advancement Plan and Annual Report for the AQMD�s Clean Fuels Program to the State legislature by March 31 of each year, following Board approval. The Technology Advancement Plan outlines planned project expenditures for 2000. Based on communications with specified organizations, staff has determined that the proposed projects are not duplicative. The Annual Report summarizes accomplishments for 1998-99. The Plan and Annual Report will be updated and reviewed annually as required by legislation. This was reviewed by the Technology Committee on January 28, 2000, and recommended for approval.

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

This report highlights the January 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. The latest edition of the AQMD Advisor is included with this report.

15. Report to Legislature and CARB on AQMD's Regulatory Activities for Calendar Year 1999
Valdez (909) 396-3780
(lvaldez@aqmd.gov)

The AQMD 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 AQMD, number of permits issued or denied, emission offset transactions, three-year budget forecast, AQMD actions in response to CARB and Legislative recommendations regarding their review of AQMD's budget, and a biennial update on the clean fuels program.

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

During the period of December 1 through December 31, 1999, the Hearing Board took action on 21 Variances and 0 Appeals.

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

This reports the monthly penalties from December 1 through December 31, 1999, and legal actions filed by the District during the period January 1 through January 31, 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 January 2, 2000, and February 1, 2000 and those projects for which the AQMD is acting as lead agency pursuant to CEQA. This item was reviewed at the Mobile Source Committee on February 25, 2000,

20. Status Report on Major Projects for Information Management Scheduled to Start During the Last Six Months of FY 1999-00
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 the monthly status report on major automation contracts and projects to be initiated by Information Management during the remainder of FY 1999-00.

21. FY 1999-00 Contract Activity
Pearce (909) 396-2828
(rpearce@aqmd.gov)

The attached report lists the number of contracts let during the first six months of FY 1999-00, their respective dollar amounts, award type, and the authorized contract signatory for the AQMD.

22. Items Deferred from Consent Calendar

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

24. 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:

AB 1450 (Calderon) -- Permitting of Composting Operations

SB 89 (Escutia) -- Environmental Justice

AB 654 (Cardoza) -- Rendering Plant Odor

SB 1427 (Rainey) -- Transit Pass Tax Credits

S 645 (Feinstein) -- Reformulated Gasoline

S 1886 (Inhofe) -- Reformulated Gasoline Requirements

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

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

27. Technology Committee
Chair: Bernson
Liu (909) 396-2105
(cliu@aqmd.gov)

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

29. Air Resources Board Monthly Report
Dix (909) 396-2827
(jdix@aqmd.gov)

30. Receive Recommendations Stemming from Millennium Board Retreat and Direct Staff to Implement Specified Actions as Part of FY 2000-01 Budget and Work Program
Wallerstein (909) 396-3131
(bwallerstein@aqmd.gov)

On December 2 and 3, 1999, the Board held a Millennium Retreat. The Retreat format allowed members an expanded opportunity to look at the broad array of District programs (including planning, evaluation, enforcement, and legislative facets, among others), and to discuss how the agency can best maintain leading-edge air quality programs in the future. Board attendees have suggested a set of action initiatives, including a number of items directed toward the specific needs of senior residents.

31. Approve AQMD Annual Investment Policy and Delegation of Authority to Appointed Treasurer to Invest AQMD Funds
Pearce (909) 396-2828
(rpearce@aqmd.gov)

State law requires a local government entity annually to provide a statement of investment policy for consideration at a public meeting and to renew its delegation of authority to its treasurer to invest or to reinvest funds of the local agency. This item was reviewed by the Investment Oversight Committee on March 13, 2000.

32. Best Available Control Technology Guidelines Report
Broadbent(909) 396-3789
(jbroadbent@aqmd.gov)

This quarterly report provides the new BACT determinations/listings that were added to the BACT Guidelines Part B - Clearinghouse in the last quarter, which is available on the AQMD website. This item was reviewed by Stationary Source Committee on February 25, 2000.

33. Multiple Air Toxics Exposure Study-II Final Report
Zeldin (909) 396-3058
(mzeldin@aqmd.gov)

At its November 5, 1999 meeting, the Board released a draft version of the Multiple Air Toxics Exposure Study-II final report for a 90-day public review and comment period. Also, staff has conducted a special public informational session on "Diesel Emissions as a Toxic Air Contaminant" as well as a public workshop on the draft report. Based on public comments received, and input at the public sessions, staff has incorporated appropriate changes into the final report. This version includes a summary of the comments and questions received along with staff responses. The general conclusions presented to the Board in November have not changed, but a number of amplifying or clarifying statements have been added to address the comments received.

34. Final Draft Air Toxics Control Plan
Broadbent(909) 396-3789
(jbroadbent@aqmd.gov)

Staff is presenting a draft 10-year Air Toxics Control Plan, which provides a comprehensive discussion of strategies to reduce air toxic exposures in the Basin. The plan describes current air toxic levels, discusses current control programs, identifies potential additional control strategies, and projects future toxic levels. This draft plan will be a non-regulatory planning document only. This item was reviewed by the Stationary Source Committee on January 28, and by the Mobile Source and Stationary Source Committees on February 25, 2000.

PUBLIC HEARINGS

35. Amend Rule 1402 - Control of Toxic Air Contaminants from Existing Sources and Rule 1401 - New Source Review of Toxic Air Contaminants
Chang (909) 396-3186
(echang@aqmd.gov)

Rule 1402 is directed toward reducing risk from toxic air contaminants from existing stationary sources. Proposed amendments add an action level for risk reduction and accelerate the time to make reductions unless specific technical or economic criteria are met. PAR 1402 identifies industries that will not be subject to the risk reduction requirements but will be instead regulated under source specific requirements. The proposal also includes additional inventory and public notification requirements, other changes to improve rule effectiveness, and improve public health. PAR 1401 will remove a requirement for a limited cumulative risk assessment. This item was reviewed by the Stationary Source Committee on January 28, 2000, and February 25, 2000.

36. Annual RECLAIM Audit Report for 1998 Compliance Year
Coy (909) 396-2434
(ccoy@aqmd.gov)

The annual report on the NOx and SOx RECLAIM program is prepared in accordance with Rule 2015 - Backstop Provisions. The report assesses emission reductions, average annual price and availability of RECLAIM Trading Credits (RTCs), job impacts, compliance issues and other measures of performance for the fifth compliance year of this program. This item was reviewed by the Stationary Source Committee on February 25, 2000.

37. Amend Rule 1150.1 - Control of Gaseous Emissions from Municipal Solid Waste Landfills
Chang (909) 396-3186
(echang@aqmd.gov)

The proposed amendments to Rule 1150.1 incorporate, by reference, the State regulations that specify requirements for final landfill covers and liquid waste disposal. The proposed amendments implement the air quality objective of Control Measure 99#WST-04 that seeks to reduce VOC emissions from waste disposal facilities. The proposed amendments are administrative and intended to be limited in scope. This item was reviewed by the Stationary Source Committee on January 28 and February 25, 2000.

CLOSED SESSION

38. 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 sections: 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, United States District Court Case No. CV 98-9789-HLH (ANx), In re Affected Coatings Cases, Judicial Council Coordination Proceeding No. 4094, and Louis Langsam v. SCAQMD, Los Angeles Superior Court Case No. BS055249; and 54956.9(c) to confer with its counsel to decide, based on existing facts and circumstances, whether to initiate litigation (1 case) and to discuss a case in which it has decided to initiate litigation (1 case).

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
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