South Coast Air Quality Management District

  1.

Minutes of May 11, 2001 Board Meeting

  2.

Set Public Hearings July 20, 2001 to Consider Amendments and/or Adoption to AQMD Rules and Regulations:

(A).  Amend Rule 1113 - Architectural Coatings
(B).  Amend Rule 2000 - General

  3.

Approve Compensation Package for Designated Deputies

  4.

Appoint Medical, Public, and Alternate Members to AQMD Hearing Board

  5.

Execute Contract to Cosponsor Development and Evaluation of a
Tri-Fuel, Plug-In Hybrid Electric Vehicle with Vehicle-to-Grid Power Flow

  6.

Execute Contract to Renew AQMD’s Participation for Three Years in National Fuel Cell Research Center at University of California, Irvine

  7.

Execute Contract to Provide Both Technical and Public Support for Implementation of Low Emission, Clean Fuel, Heavy-Duty Vehicles within South Coast Air Basin

  8.

Approve Grants to Public School Districts and Joint Power Authorities to Purchase Lower-Emitting Diesel and Alternative Fuel School Buses and Infrastructure under Lower-Emission School Bus Replacement and Retrofit Program for FY 2000-01

  9.

Establish LADWP Settlement Projects Fund; Authorize Receipt of LADWP Funds and Microturbines; and Execute Contracts for Microturbine Equipment Purchase and Installation

10.

Execute Contract with Cal Poly Pomona Foundation, Inc. for Student Co-op Program

11.

ARB's Subvention Program Audit of AQMD for FY 1999-00

12.

Amend Contracts with Applied Knowledge, Inc., R Systems, Inc., and Windsor Technologies, Inc., to Provide Short- and Long-Term Systems Development and Support Services

13.

Establish List of Prequalified Vendors to Provide Computer, Network, Printer and Related Services

14.

Execute Contract to Purchase Laser Ablation-Inductively Coupled Plasma Mass Spectrometer for Measurement of Metals in Particulate Matter

15.

Execute Contract to Purchase Automated Gas Chromatograph System for Speciation and Measurement of Ambient Volatile Organic Compounds

16.

Execute Contract for Medical Services Provider

Transfer $30,000 from Environmental Litigation Contract with Best, Best & Krieger to Environmental Litigation Contract with Shute, Mihaly & Weinberger

18.

Approve Funding Process for PM10 Trap Retrofit on School Buses Using Mitigation Fees Collected under Rule 1309.1 - Priority Reserve (Continued by the Board to the July 20, 2001 Board Meeting)

19.

Public Affairs Report

20.

This item was withdrawn by staff.

21.

Hearing Board Variances and Appeals

22.

Civil Filing and Civil Penalties Report

23.

Lead Agency Projects and Environmental Documents Received by the AQMD

24.

Rule and Control Measure Forecast

25.

Status Report on Major Projects for Information Management Scheduled to Start During Last Six Months of FY 2000-01

26.

Best Available Control Technology Guidelines Report

27.

Items Deferred from Consent Calendar

         Dr. Wallerstein made the following clarifications with regard to Agenda Item No. 7, Execute Contract to Provide Both Technical and Public Support for Implementation of Low Emission, Clean Fuel, Heavy-Duty Vehicles within South Coast Air Basin:

1. The contract will contain milestones and progress checkpoints on the work that is proceeding; and, if for any reason, the work is not proceeding well, AQMD will have the ability to end the contract.
   
   
2. All components of the proposal will be performed on a task order basis, with the exception of the Interstate Clean Transportation Corridor (ICTC) component.

         At Ms. LaPisto-Kirtley’s request, staff agreed to include as part of the work review how effective the contractor was in accomplishing the goal of each task.

28.

Administrative Committee

29.

Investment Oversight Committee

30.

Legislative Committee

Mobile Source Committee

32.

Stationary Source Committee

33.

Technology Committee

34.

Air Resources Board Monthly Report

35.

California Fuel Cell Partnership Steering Team Meeting

ON MOTION OF MS. GLOVER, SECONDED BY
MR. LOVERIDGE, AND UNANIMOUSLY CARRIED*, THE BOARD APPROVED AGENDA ITEMS 1 THROUGH 17, 19, AND 21 THROUGH 26, INCLUDING THE CLARIFICATIONS MADE BY STAFF TO AGENDA ITEM NO. 7; RECEIVED AND FILED AGENDA ITEMS 28 THROUGH 35, AND ADOPTED THE FOLLOWING POSITIONS ON LEGISLATION, AS RECOMMENDED:

AB 845 (Nakano) - Dry Cleaning Technologies  SUPPORT

AB 986 (Firebaugh) - Heavy-Duty Diesel Engines  WATCH

SB 433 (Monteith) - Carl Moyer Program  SUPPORT

SB 545 (McClintock) - HOV Lane Standards  SUPPORT IN CONCEPT

SB 829 (Karnette) - Transportation Funding  WATCH

SB 1111 (Kuehl) - International Trade and the Environment  SUPPORT;
SUGGEST AMENDMENT

AB 554 (Campbell) - Tax Credit for Low-Emission Vehicles  SUPPORT

ABX2 22 (Canciamilla) - Emission Reduction Credits for Peaking Power Plants WATCH

SBX2 79 (Knight) - Emission Reduction Credits: Power Plants  OPPOSE

SB 1086 (Alarcon) - Liquefied Natural Gas  SUPPORT

HR 978 (Manzullo) - Federal Tax Credit for Wet and Dry Cleaning Equipment  SUPPORT

*Note: Ms. Carney abstained on Agenda Item No. 14.

36.

Amend Rule 461 - Gasoline Transfer and Dispensing

         In the interest of time, staff waived an oral report on this item. The public hearing was opened, and the Board heard testimony from the following individual.

RON WILKNISS, Western States Petroleum Association
         In support of PAR 461, commented that the proposed amendment would simplify the logistics of the testing requirements included in the amendment to Rule 461 adopted by the Board in April 2000.

         There being no further testimony, the public hearing was closed.

ON MOTION OF MS. GLOVER, SECONDED BY
MR. LOVERIDGE, AND CARRIED UNANIMOUSLY, THE BOARD ADOPTED RESOLUTION NO. 01-20, AMENDING RULE 461 AND CERTIFYING THE EXEMPTION FROM CEQA REQUIREMENTS, AS RECOMMENDED BY STAFF.

37.

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

         In the interest of time, staff waived an oral report on this item. The public hearing was opened. There being no requests from the public to address the Board on this item, the public hearing was closed.

ON MOTION OF MS. GLOVER, SECONDED BY
MR. BERNSON, AND CARRIED UNANIMOUSLY, THE BOARD ADOPTED RESOLUTION NO. 01-21: AMENDING RULE 1401, RECEIVING AND FILING THE REPORT ON POTENTIAL IMPACTS RELATIVE TO SOURCES SUBJECT TO RULE 1402, AND CERTIFYING THE ADDENDUM TO THE JUNE 1998 FINAL ENVIRONMENTAL ASSESSMENT FOR RULE 1401 AND THE MARCH 2000 FINAL ENVIRONMENTAL ASSESSMENT FOR RULES 1402 AND 1401, AS RECOMMENDED BY STAFF.

39.

Endorse Proposal to Transfer Administrative Support of Adopt-A-School Bus Foundation to American Lung Association of Los Angeles County and Confirm Disbursement of Funds to Adopt-A-School Bus Foundation Subject to Certain Conditions

         The second item under "Recommended Action" on this agenda item was revised by staff to "Authorize the Executive Officer to Execute an Agreement" so that the Board’s conditions on the use of the funds can be included in an enforceable document, and to specify the penalty settlement fund number from which the monies are coming. Copies of the revised Board letter were distributed to Board members and made available to the public.

         There was extensive Board discussion on the item, during which time Board members expressed concern regarding: 1) designation of nearly half of the
$1 million being transferred to the Adopt-A-School Bus Foundation to pay for administrative support; 2) conditioning transfer of the funds to the Foundation upon them entering into an agreement with the American Lung Association to provide administrative support to the Foundation; 3) the recommendation coming from AQMD staff rather than the Foundation’s Board of Directors; and 4) there being no consideration given to other options; i.e., private sources that specialize in fundraising activities and provide services on a commission basis.

         Ms. LaPisto-Kirtley suggested that rather than contracting for administrative support for two years at a cost of up to $400,000, that the contract be for one year, with the second year to be approved upon a successful review of the first year’s accomplishments. Mr. Bernson concurred, and suggested that the amount of the first year contract be limited to no more than $200,000.

         Commenting that there was no urgency to act on this item at this time,
Mr. Mikels indicated that he would prefer to have the issue deliberated by the Foundation Board of Directors, with a recommendation from the Foundation Board to be brought back to the Governing Board.

ON MOTION OF MR. MIKELS, SECONDED BY
MS. GLOVER, AND CARRIED UNANIMOUSLY, THE BOARD REFERRED AGENDA ITEM NO. 39 TO THE BOARD OF DIRECTORS OF THE ADOPT-A-SCHOOL BUS FOUNDATION FOR THEIR DELIBERATION, INCLUDING CONSIDERATION OF OTHER OPTIONS FOR THE ADMINISTRATIVE SUPPORT NEEDED FOR THE FOUNDATION, WITH A RECOMMENDATION FROM THE FOUNDATION BOARD TO BE BROUGHT BACK TO THE GOVERNING BOARD AT ITS JULY 20, 2001 MEETING.

         Ms. Verdugo-Peralta suggested that the Chair of the Foundation Board attend the July 20 Governing Board meeting to clarify the Board of Director’s consensus on this issue.

40.

Recommendation to Lift Temporary Moratorium on Inter-District Transfers of Emission Reduction Credits

         Dr. Wallerstein gave a brief presentation on the item. At Mr. Mikels’ request, Mr. Charles Fryxell, Air Pollution Control Officer for the Mojave Desert Air Quality Management District and the Antelope Valley Air Pollution Control District, commented on their efforts in creating an ERC bank in the Mojave Desert and the Antelope Valley. Various industries within the districts have voluntarily reduced their emissions and banked the credits, amounting to: 473 tons of PM10, 333 tons of NOx, 162 tons of VOC, 150 tons of CO, and 32 tons of SOx. In addition, they are in the process of developing a mobile emissions reduction credit rule and pilot project.

ON MOTION OF MS. GLOVER, DULY SECONDED, AND CARRIED UNANIMOUSLY, THE BOARD APPROVED AGENDA ITEM NO. 40 AS RECOMMENDED BY
MR. ANTONOVICH.

         Teresa Lopez, Marilyn Alcantar, Penny Newman, and Kathleen Moreno addressed the Board, on behalf of Westside Residents for Cleaner Air NOW, regarding mercaptan odors emanating from the CNG fueling station for Omnitrans buses located in San Bernardino. Mercaptan is a pungent chemical that is added to natural gas--which is odorless and colorless--to make it detectable. The fueling station is located in close proximity to Ramona-Allesandro Elementary School, a large community park, and private residences. The mercaptan fumes are creating a nuisance to area residents, who believe the fueling station should be relocated to an industrial area. (Submitted Written Comments.)

         Mr. Paulitz commented that the Omnitrans board voted recently to replace the CNG fueling stations in both the city of Montclair and the city of San Bernardino with LNG, which should eliminate the odor problem. He noted also that the CNG station in Montclair was constructed approximately five years ago; however, it was never operable. Therefore, the Omnitrans buses in Montclair are all diesel-fueled, and all of the CNG buses are in San Bernardino.

         Ms. Lopez pointed out that the LNG equipment is not scheduled to be installed at the Omnitrans fueling station in San Bernardino until February 2002. While Omnitrans initially considered installing scrubbers at the facility to control the mercaptan odors in the interim, their board, after learning it would take until October 2001 to install the scrubbers, decided it would not be cost effective for equipment that would only be used for four months.

         In response to concern by Dr. Burke that the fueling facility was located across the street from an elementary school, Dr. Wallerstein commented that staff would be proposing to the Board’s Technology Committee a series of grants related to fueling stations, and that one of the proposed grants relates to providing assistance to Omnitrans for procurement of the new LNG equipment for the San Bernardino site.

38.

Closed Session

         The Board recessed to closed session at 11:05 a.m., 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: Engine Manufacturers Association v. SCAQMD, United States District Court Case No. 00-09065 FMC (BQRx); and San Diego Gas and Electric Company v. Sellers of Energy and Ancillary Services Into Markets Operated by the California Independent System Operator and the California Power Exchange, et al., Federal Energy Regulatory Commission Docket Nos. EL00-95-012, EL00-98-000, RT01-85-000, and EL01-68-000.